Federal Acquisition Regulation; Compensation for Personal Services, 14571-14572 [2011-5560]

Download as PDF Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations Standards, was also revised to include reference to FAR clause 52.230–4. DoD, GSA, and NASA received no comments on the interim rule and have adopted the interim rule as a final rule without change. II. Executive Order 12866 List of Subjects in 48 CFR Parts 30 and 52 Government procurement. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 30 and 52, which was published in the Federal Register at 75 FR 34283 on June 16, 2010, is adopted as a final rule without change. BILLING CODE 6820–EP–P Jkt 223001 Federal Acquisition Regulation; Compensation for Personal Services Effective Date: March 16, 2011. Mr. Edward N. 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 FAC 2005–50, FAR Case 2009–026. SUPPLEMENTARY INFORMATION: DATES: FOR FURTHER INFORMATION CONTACT: I. Background Dated: March 4, 2011. Millisa Gary, Acting Director, Office of Governmentwide Acquisition Policy. [FR Doc. 2011–5559 Filed 3–15–11; 8:45 am] RIN 9000–AL54 DoD, GSA, and NASA have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR). The interim rule aligned the FAR with the revised Cost Accounting Standards (CAS) Board standards ‘‘Cost Accounting Standard for composition and measurement of pension cost,’’ and ‘‘Accounting for the cost of deferred compensation.’’ The final rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). ■ [FAC 2005–50; FAR Case 2009–026; Item IX; Docket 2010–0088, Sequence 1] SUMMARY: IV. Paperwork Reduction Act jlentini on DSKJ8SOYB1PROD with RULES2 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration certify that this final rule will not 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 contracts and subcontracts with small businesses are exempt from the application of the Cost Accounting Standards. 18:19 Mar 15, 2011 GENERAL SERVICES ADMINISTRATION AGENCIES: III. Regulatory Flexibility Act VerDate Mar<15>2010 DoD, GSA, and NASA received no comments on the interim rule and have adopted the interim rule as a final rule without change. DEPARTMENT OF DEFENSE 48 CFR Part 31 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. DoD, GSA, and NASA published an interim rule in the Federal Register at 75 FR 34285 on June 16, 2010, to maintain consistency between CAS and FAR in matters relating to the administration of CAS. The interim rule aligned the existing FAR 31.205– 6(q)(2)(i) and (ii) with revisions to CAS 412 ‘‘Cost Accounting Standards for composition and measurement of pension cost,’’ and CAS 415 ‘‘Accounting for the cost of deferred compensation.’’ The CAS Board had specified that the accounting of Employee Stock Ownership Plan (ESOP) costs, regardless of type, would be covered by the provisions of CAS 415 only and not by CAS 412. The CAS Board also provided criteria in CAS 415 for measuring ESOP costs and assigning these costs to cost accounting periods. PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 14571 II. Executive Order 12866 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. III. Regulatory Flexibility Act The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration certify that this final rule will not 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 affected small businesses are currently required to comply with CAS 412 and CAS 415. While small businesses are otherwise not subject to CAS, they are subject to selected standards for the purpose of determining allowability of costs under Government contracts. Among these standards are CAS 412 and CAS 415 as set forth in FAR 31.205– 6(q). For small businesses currently using CAS 415, there will be no increase in cost or effort. For small businesses that must change from CAS 412 to CAS 415, the possible change from measuring costs in accordance with CAS 412 to CAS 415 would result, at most, in a negligible increase in administrative burden because of the similarities between CAS 412 and CAS 415. The potential increase of administrative effort, albeit minor, will be offset by the uniformity and consistency in accounting for deferred compensation costs achieved by this rule that will benefit all entities by reducing their administrative burden. IV. Paperwork Reduction Act The final rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Part 31 Government procurement. E:\FR\FM\16MRR2.SGM 16MRR2 14572 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations Dated: March 4, 2011. Millisa Gary, Acting Director, Office of Governmentwide Acquisition Policy. Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). Interim Rule Adopted as Final Without Change PART 18—EMERGENCY ACQUISITIONS 18.204 [Amended] (b)(45) as (b)(28) through (b)(46), respectively; and adding a new paragraph (b)(27). The revised and added text reads as follows: 52.212–5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. DEPARTMENT OF DEFENSE 2. Amend section 18.204 in paragraph (b) by removing ‘‘http:// www.whitehouse.gov/omb/ procurement/guides/ emergency_acquisitions_guide.pdf’’ and adding ‘‘http://www.whitehouse.gov/ sites/default/files/omb/assets/ procurement_guides/ emergency_acquisitions_guide.pdf’’ in its place. GENERAL SERVICES ADMINISTRATION PART 19—SMALL BUSINESS PROGRAMS * 19.201 BILLING CODE 6820–EP–P Accordingly, the interim rule amending 48 CFR part 31, which was published in the Federal Register at 75 FR 34285 on June 16, 2010, is adopted as a final rule without change. ■ [FR Doc. 2011–5560 Filed 3–15–11; 8:45 am] BILLING CODE 6820–EP–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [FAC 2005–50; Item X; Docket 2011–0078; Sequence 1] Federal Acquisition Regulation; Technical Amendments Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCIES: This document makes amendments to the Federal Acquisition Regulations in order to make editorial changes. DATES: Effective Date: March 16, 2011. FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, 1275 First Street, NE., 7th Floor, Washington, DC 20417, (202) 501–4755, for information pertaining to status or publication schedules. Please cite FAC 2005–50, Technical Amendments. SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 CFR parts 18, 19, and 52, this document makes editorial changes to Federal Acquisition Regulations. SUMMARY: jlentini on DSKJ8SOYB1PROD with RULES2 List of Subjects in 48 CFR Parts 18, 19, and 52 Government procurement. Therefore, DoD, GSA, and NASA amend 48 CFR parts 18, 19, and 52 as set forth below: ■ 1. The authority citation for 48 CFR parts 18, 19, and 52 continues to read as follows: VerDate Mar<15>2010 18:19 Mar 15, 2011 Jkt 223001 * * * * * Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (MAR 2011) (b) * * * (27) 52.222–37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). * * * * [FR Doc. 2011–5561 Filed 3–15–11; 8:45 am] [Amended] 3. Amend section 19.201 in paragraph (b) by removing from the last sentence ‘‘http://www.arnet.gov/References/ sdbadjustments.htm’’ and adding ‘‘https://www.acquisition.gov/ References/sdbadjustments.htm’’ in its place. ■ 48 CFR Parts 18, 19, and 52 Dated: March 4, 2011. Millisa Gary, Acting Director, Office of Governmentwide Acquisition Policy. ■ PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 4. Amend section 52.212–3 by— a. Revising the date of the provision; b. Removing from paragraph (c)(8)(ii) ‘‘(c)(9)(i)’’ and adding ‘‘(c)(8)(i)’’ in its place; ■ c. Removing from paragraph (c)(9)(ii) ‘‘(c)(10)(i)’’ and adding ‘‘(c)(9)(i)’’ in its place; ■ d. In Alternate I, revising the alternate date, introductory text, and first paragraph; and ■ e. In Alternate II, removing from the introductory text ‘‘(c)(9)(iii)’’ and adding ‘‘(c)(8)(iii)’’ in its place. The revised text reads as follows: ■ ■ ■ 52.212–3 Offeror Representations and Certifications—Commercial Items. * * * * * Offeror Representations and Certifications—Commercial Items (Mar 2011) * * * * * Alternate I * * * As prescribed in 12.301(b)(2), add the following paragraph (c)(10) to the basic provision: (10) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(8) of this provision.) * * * * * 5. Amend section 52.212–5 by revising the date of the clause; removing from paragraph (b)(17) ‘‘Apr 2008)’’ and adding ‘‘(Dec 2010)’’ in its place; redesignating paragraphs (b)(27) through ■ PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket FAR 2011–0077, Sequence 2] Federal Acquisition Regulation; Federal Acquisition Circular 2005–50; Small Entity Compliance Guide Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Small Entity Compliance Guide. AGENCIES: This document is issued under the joint authority of DoD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rules appearing in Federal Acquisition Circular (FAC) 2005–50, which amend the Federal Acquisition Regulation (FAR). An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding these rules by referring to FAC 2005–50, which precedes this document. These documents are also available via the Internet at http://www.regulations.gov. DATES: For effective dates see separate documents, which follow. FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the table below. Please cite FAC 2005–50 and the specific FAR case number. For SUMMARY: E:\FR\FM\16MRR2.SGM 16MRR2

Agencies

[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Rules and Regulations]
[Pages 14571-14572]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5560]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 31

[FAC 2005-50; FAR Case 2009-026; Item IX; Docket 2010-0088, Sequence 1]
RIN 9000-AL54


Federal Acquisition Regulation; Compensation for Personal 
Services

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD, GSA, and NASA have adopted as final, without change, an 
interim rule amending the Federal Acquisition Regulation (FAR). The 
interim rule aligned the FAR with the revised Cost Accounting Standards 
(CAS) Board standards ``Cost Accounting Standard for composition and 
measurement of pension cost,'' and ``Accounting for the cost of 
deferred compensation.''

DATES: Effective Date: March 16, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Edward N. 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 FAC 2005-50, FAR 
Case 2009-026.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 75 FR 34285 on June 16, 2010, to maintain consistency 
between CAS and FAR in matters relating to the administration of CAS. 
The interim rule aligned the existing FAR 31.205-6(q)(2)(i) and (ii) 
with revisions to CAS 412 ``Cost Accounting Standards for composition 
and measurement of pension cost,'' and CAS 415 ``Accounting for the 
cost of deferred compensation.''
    The CAS Board had specified that the accounting of Employee Stock 
Ownership Plan (ESOP) costs, regardless of type, would be covered by 
the provisions of CAS 415 only and not by CAS 412. The CAS Board also 
provided criteria in CAS 415 for measuring ESOP costs and assigning 
these costs to cost accounting periods.
    DoD, GSA, and NASA received no comments on the interim rule and 
have adopted the interim rule as a final rule without change.

II. Executive Order 12866

    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.

III. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not 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 affected small 
businesses are currently required to comply with CAS 412 and CAS 415. 
While small businesses are otherwise not subject to CAS, they are 
subject to selected standards for the purpose of determining 
allowability of costs under Government contracts. Among these standards 
are CAS 412 and CAS 415 as set forth in FAR 31.205-6(q). For small 
businesses currently using CAS 415, there will be no increase in cost 
or effort. For small businesses that must change from CAS 412 to CAS 
415, the possible change from measuring costs in accordance with CAS 
412 to CAS 415 would result, at most, in a negligible increase in 
administrative burden because of the similarities between CAS 412 and 
CAS 415. The potential increase of administrative effort, albeit minor, 
will be offset by the uniformity and consistency in accounting for 
deferred compensation costs achieved by this rule that will benefit all 
entities by reducing their administrative burden.

IV. Paperwork Reduction Act

    The final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 31

    Government procurement.


[[Page 14572]]


    Dated: March 4, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide Acquisition Policy.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR part 31, which was 
published in the Federal Register at 75 FR 34285 on June 16, 2010, is 
adopted as a final rule without change.

[FR Doc. 2011-5560 Filed 3-15-11; 8:45 am]
BILLING CODE 6820-EP-P