Federal Acquisition Regulation; TINA Interest Calculations, 57719-57720 [2010-23589]
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Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Proposed Rules
did not find that any conditions or
criteria listed in § 1307.3 were met by
the agency’s program in the period
established in paragraphs (c)(1)(i) or (ii)
of this section.
(3) Except as provided in § 1307.6, at
least six months before the expiration
date of a Head Start or Early Head Start
agency’s then current grant, ACF shall
give written notice by certified mail
return receipt requested, or other system
that establishes the date of receipt of the
notice by the addressee, either stating:
(i) The Head Start or Early Head Start
agency will be required to compete for
funding for an additional five-year
period because ACF finds that one or
more conditions or criteria listed in
§ 1307.3 were met by the agency’s
program during the period established
under paragraphs (c)(1)(i) or (ii) of this
section identifying the conditions or
criteria ACF found, and summarizing
the basis for the finding; or
(ii) That such agency has been
determined on a final basis to be eligible
for renewed funding for five years
without competition because ACF did
not find that any conditions or criteria
listed in § 1307.3 existed in the agency’s
program during the period established
under paragraphs (c)(1)(i) or (ii) of this
section. The letter will include
instructions on the information it must
provide to the designated ACF official
in order to receive funding.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
§ 1307.8 Use of CLASS: Pre-K Instrument
in the Designation Review System.
Except when all children are served
in a single classroom, ACF will conduct
multiple class observations and rate the
conduct of the classes observed using
the CLASS: Pre-K instrument. When the
grantee serves the children in its
program in a single class, that class will
be observed and rated using the CLASS:
Pre-K instrument. The domain scores for
that class will be the domain scores for
the grantee for that observation. After
the observation is completed, ACF will
report to the grantee the scores of the
classes observed during the CLASS: PreK observation in each of the domains
covered by the CLASS: Pre-K
instrument. ACF will average the scores
on each domain for all classrooms
assessed during a CLASS: Pre-K
observation to determine the grantee’s
score in each domain. As provided in
§ 1307.3(b)(3), an agency that has been
determined by ACF to have a score of
one, on one or more domains, during
the transition period or a score below
three, on one or more domains, for the
period after the close of the transition
period on each of the two most recent
CLASS: Pre-K observations in the time
period covered by an ACF decision
VerDate Mar<15>2010
15:32 Sep 21, 2010
Jkt 220001
under § 1307.7 will be required to
compete for designation renewal. As
provided under § 1307.3(b)(3), the
CLASS: Pre-K condition will apply to
CLASS: Pre-K observations in DRS
reviews under § 1307.7(c) that take
place after the effective date of this part
and during the third-year of the
transition period.
[FR Doc. 2010–23583 Filed 9–21–10; 8:45 am]
BILLING CODE 4184–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 52
[FAR Case 2009–034; Docket 2010–0098;
Sequence 1]
RIN: 9000–AL73
Federal Acquisition Regulation; TINA
Interest Calculations
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
AGENCIES:
The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council (the
Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to
revise the clauses at FAR 52.214–27,
52.215–10 and 52.215–11 to require
compound interest calculations be
applied to Government overpayments as
a result of defective cost or pricing data.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat on or before November 22,
2010 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FAR Case 2009–034 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘FAR Case 2009–034’’ under
the heading ‘‘Enter Keyword or ID’’ and
selecting ‘‘Search’’. Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘FAR Case 2009–034’’. Follow the
instructions provided at the ‘‘Submit a
Comment’’ screen. Please include your
name, company name (if any), and ‘‘FAR
Case 2009–034’’ on your attached
document.
• Fax: 202–501–4067.
SUMMARY:
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
57719
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Hada Flowers, 1800 F
Street, NW., Room 4041, Washington,
DC 20405.
Instructions: Please submit comments
only and cite FAR Case 2009–034, in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
Edward Chambers, Procurement
Analyst, at (202) 501–3221 for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at (202) 501–4755. Please
cite FAR case 2009–034.
SUPPLEMENTARY INFORMATION:
A. Background
On September 14, 2009, the U.S.
Court of Appeals for the Federal Circuit
(CAFC) issued a decision regarding the
method of interest calculation on Cost
Accounting Standards (CAS) cost
impacts (See GATES v. Raytheon Co.,
584 F.3d 1062 (Fed. Cir. 2009)). The
interest on CAS cost impacts is set by
reference in the enabling statute to 26
U.S.C. 6621. The CAFC ruled that the
citation led to calculation of the interest
using daily compounding. The Truth in
Negotiation Act (TINA) also references
26 U.S.C. 6621 for interest calculation.
This proposed rule replaces the term
‘‘simple interest’’ as the requirement for
calculating interest for TINA cost
impacts with the phrase ‘‘Interest
compounded daily as required by 26
U.S.C. 6622.’’ Thus, compound interest
calculations will be applied to
Government overpayments as a result of
defective cost or pricing data.
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
B. Regulatory Flexibility Act
The Councils do not expect this
proposed rule to have a significant
economic impact on a substantial
number of small entities within the
meaning of the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq., because the
rule merely clarifies the statutory
method for calculating interest in the
rare instances when a contractor is
found to be in violation of TINA. Since
TINA requirements generally do not
apply to contracts with small entities,
E:\FR\FM\22SEP1.SGM
22SEP1
57720
Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Proposed Rules
and since the numbers of contractors
found to have submitted defective cost
or pricing data are a minute subset of
contractors to whom TINA applies, the
rule is not expected to apply to a
substantial number of small entities.
Furthermore, the differential in interest
computing methods is not expected to
amount to a significant economic
impact. An Initial Regulatory Flexibility
Analysis has, therefore, not been
performed. We invite comments from
small businesses and other interested
parties. The Councils will consider
comments from small entities
concerning the affected FAR Part 52 in
accordance with 5 U.S.C. 610. Interested
parties must submit such comments
separately and should cite 5 U.S.C. 601,
et seq. (FAR case 2009–034), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the proposed changes
to the FAR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. Chapter 35,
et seq.
List of Subjects in 48 CFR Part 52
Dated: September 15, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
1. The authority citation for 48 CFR
part 52 continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
2. Amend section 52.214–27 by—
a. Revising the date of the clause; and
b. Removing from paragraph (e)(1)
‘‘Simple interest’’ and adding ‘‘Interest
compounded daily, as required by 26
U.S.C. 6622,’’ in its place.
The revised text reads as follows:
52.214–27 Price Reduction for Defective
Cost or Pricing Data—Modifications—
Sealed Bidding.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
*
*
*
Price Reduction for Defective Cost or
Pricing Data—Modifications—Sealed
Bidding (Date)
*
*
*
*
*
3. Amend section 52.215–10 by—
a. Revising the date of the clause; and
b. Removing from paragraph (d)(1)
‘‘Simple interest’’ and adding ‘‘Interest
VerDate Mar<15>2010
15:32 Sep 21, 2010
Jkt 220001
52.215–10 Price Reduction for Defective
Cost or Pricing Data.
DATES:
*
*
*
*
*
Price Reduction for Defective Cost or
Pricing Data (Date)
*
*
*
*
*
4. Amend section 52.215–11 by—
a. Revising the date of the clause; and
b. Removing from paragraph (e)(1)
‘‘Simple interest’’ and adding ‘‘Interest
compounded daily, as required by 26
U.S.C. 6622,’’ in its place.
The revised text reads as follows:
52.215—11 Price Reduction for Defective
Cost or Pricing Data—Modifications.
*
*
*
*
*
Price Reduction for Defective Cost or
Pricing Data-Modifications (Date)
*
*
*
*
*
[FR Doc. 2010–23589 Filed 9–21–10; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF THE INTERIOR
50 CFR Part 17
Therefore, DoD, GSA, and NASA
propose amending 48 CFR part 52 as set
forth below:
*
period the status of the candidate taxon
will be addressed through our annual
Candidate Notice of Review (CNOR).
Fish and Wildlife Service
Government procurement.
*
compounded daily, as required by 26
U.S.C. 6622,’’ in its place.
The revised text reads as follows:
[Docket number FWS-R4-ES-2010-0051]
[MO 92210-0-0008-B2]
Endangered and Threatened Wildlife
and Plants; 12-Month Finding on a
Petition to List Agave eggersiana (no
common name) as Endangered
Fish and Wildlife Service,
Interior.
ACTION: Notice of 12–month petition
finding.
AGENCY:
We, the Fish and Wildlife
Service (Service), announce a 12–month
finding on a petition to list the plant
Agave eggersiana (no common name) as
endangered under the Endangered
Species Act of 1973, as amended (Act).
After review of all available scientific
and commercial information, we find
that listing A. eggersiana is warranted.
Currently, however, listing A.
eggersiana is precluded by higher
priority actions to amend the Lists of
Endangered and Threatened Wildlife
and Plants. Upon publication of this 12month petition finding, we will add A.
eggersiana to our candidate species list.
We will develop a proposed rule to list
A. eggersiana as our priorities allow. We
will make any determination on critical
habitat during development of the
proposed listing rule. In any interim
SUMMARY:
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
The finding announced in this
document was made on September 22,
2010.
This finding is available on
the Internet at https://
www.regulations.gov at Docket Number
[FWS-R4-ES-2010-0051]. Supporting
documentation we used in preparing
this finding is available for public
inspection, by appointment, during
normal business hours at the U.S. Fish
and Wildlife Service, Caribbean
Ecological Services Field Office, Road
301, Km. 5.1, Boquero´n, Puerto Rico
00622. Please submit any new
information, materials, comments, or
questions concerning this species or this
finding to the above internet address or
the mailing address listed under FOR
FURTHER INFORMATION CONTACT.
ADDRESSES:
Ms.
Marelisa Rivera, Assistant Field
Supervisor, Caribbean Ecological
Services Field Office, P.O. Box 491,
Boquero´n, Puerto Rico 00622; by
telephone at (787) 851-7297; or by
facsimile at (787) 851-7440. Persons
who use a telecommunications device
for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800877-8339.
FOR FURTHER INFORMATION CONTACT:
Background
Section 4(b)(3)(A) of the Act (16
U.S.C. 1531 et seq.) requires that, for
any petition to revise the Federal Lists
of Threatened and Endangered Wildlife
and Plants that contains substantial
scientific or commercial information
that listing a species may be warranted,
we make a finding within 12 months of
the date of receipt of the petition. In this
finding, we determine whether the
petitioned action is: (a) Not warranted,
(b) warranted, or (c) warranted, but
immediate proposal of a regulation
implementing the petitioned action is
precluded by other pending proposals to
determine whether species are
threatened or endangered, and
expeditious progress is being made to
add or remove qualified species from
the Federal Lists of Endangered and
Threatened Wildlife and Plants. Section
4(b)(3)(C) of the Act requires that we
treat a petition for which the requested
action is found to be warranted but
precluded as though resubmitted on the
date of such finding, that is, requiring a
subsequent finding to be made within
12 months. We must publish these 12–
month findings in the Federal Register.
E:\FR\FM\22SEP1.SGM
22SEP1
]]>Agencies
[Federal Register Volume 75, Number 183 (Wednesday, September 22, 2010)]
[Proposed Rules]
[Pages 57719-57720]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23589]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 52
[FAR Case 2009-034; Docket 2010-0098; Sequence 1]
RIN: 9000-AL73
Federal Acquisition Regulation; TINA Interest Calculations
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (the Councils) are proposing to amend
the Federal Acquisition Regulation (FAR) to revise the clauses at FAR
52.214-27, 52.215-10 and 52.215-11 to require compound interest
calculations be applied to Government overpayments as a result of
defective cost or pricing data.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before November 22, 2010 to be considered
in the formulation of a final rule.
ADDRESSES: Submit comments identified by FAR Case 2009-034 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``FAR Case
2009-034'' under the heading ``Enter Keyword or ID'' and selecting
``Search''. Select the link ``Submit a Comment'' that corresponds with
``FAR Case 2009-034''. Follow the instructions provided at the ``Submit
a Comment'' screen. Please include your name, company name (if any),
and ``FAR Case 2009-034'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), ATTN: Hada Flowers, 1800 F Street, NW., Room 4041,
Washington, DC 20405.
Instructions: Please submit comments only and cite FAR Case 2009-
034, in all correspondence related to this case. All comments received
will be posted without change to https://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Edward Chambers, Procurement
Analyst, at (202) 501-3221 for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAR case 2009-
034.
SUPPLEMENTARY INFORMATION:
A. Background
On September 14, 2009, the U.S. Court of Appeals for the Federal
Circuit (CAFC) issued a decision regarding the method of interest
calculation on Cost Accounting Standards (CAS) cost impacts (See GATES
v. Raytheon Co., 584 F.3d 1062 (Fed. Cir. 2009)). The interest on CAS
cost impacts is set by reference in the enabling statute to 26 U.S.C.
6621. The CAFC ruled that the citation led to calculation of the
interest using daily compounding. The Truth in Negotiation Act (TINA)
also references 26 U.S.C. 6621 for interest calculation. This proposed
rule replaces the term ``simple interest'' as the requirement for
calculating interest for TINA cost impacts with the phrase ``Interest
compounded daily as required by 26 U.S.C. 6622.'' Thus, compound
interest calculations will be applied to Government overpayments as a
result of defective cost or pricing data.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Councils do not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule merely clarifies the statutory method for calculating
interest in the rare instances when a contractor is found to be in
violation of TINA. Since TINA requirements generally do not apply to
contracts with small entities,
[[Page 57720]]
and since the numbers of contractors found to have submitted defective
cost or pricing data are a minute subset of contractors to whom TINA
applies, the rule is not expected to apply to a substantial number of
small entities. Furthermore, the differential in interest computing
methods is not expected to amount to a significant economic impact. An
Initial Regulatory Flexibility Analysis has, therefore, not been
performed. We invite comments from small businesses and other
interested parties. The Councils will consider comments from small
entities concerning the affected FAR Part 52 in accordance with 5
U.S.C. 610. Interested parties must submit such comments separately and
should cite 5 U.S.C. 601, et seq. (FAR case 2009-034), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FAR do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. Chapter 35, et seq.
List of Subjects in 48 CFR Part 52
Government procurement.
Dated: September 15, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR part 52 as
set forth below:
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1. The authority citation for 48 CFR part 52 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
2. Amend section 52.214-27 by--
a. Revising the date of the clause; and
b. Removing from paragraph (e)(1) ``Simple interest'' and adding
``Interest compounded daily, as required by 26 U.S.C. 6622,'' in its
place.
The revised text reads as follows:
52.214-27 Price Reduction for Defective Cost or Pricing Data--
Modifications--Sealed Bidding.
* * * * *
Price Reduction for Defective Cost or Pricing Data--Modifications--
Sealed Bidding (Date)
* * * * *
3. Amend section 52.215-10 by--
a. Revising the date of the clause; and
b. Removing from paragraph (d)(1) ``Simple interest'' and adding
``Interest compounded daily, as required by 26 U.S.C. 6622,'' in its
place.
The revised text reads as follows:
52.215-10 Price Reduction for Defective Cost or Pricing Data.
* * * * *
Price Reduction for Defective Cost or Pricing Data (Date)
* * * * *
4. Amend section 52.215-11 by--
a. Revising the date of the clause; and
b. Removing from paragraph (e)(1) ``Simple interest'' and adding
``Interest compounded daily, as required by 26 U.S.C. 6622,'' in its
place.
The revised text reads as follows:
52.215--11 Price Reduction for Defective Cost or Pricing Data--
Modifications.
* * * * *
Price Reduction for Defective Cost or Pricing Data-Modifications (Date)
* * * * *
[FR Doc. 2010-23589 Filed 9-21-10; 8:45 am]
BILLING CODE 6820-EP-P
