Federal Acquisition Regulation; Federal Acquisition Circular 2005-50; Small Entity Compliance Guide, 14572-14574 [2011-5562]

Download as PDF 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 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations information pertaining to status or publication schedules, contact the 14573 Regulatory Secretariat at (202) 501– 4755. LIST OF RULES IN FAC 2005–50 Item Subject I ................ II ............... III .............. IV ............. * V ............ VI ............. VII ............ VIII ........... Proper Use and Management of Cost-Reimbursement Contracts (Interim) .......................................... Requirements for Acquisitions Pursuant to Multiple-Award Contracts (Interim) .................................... Justification and Approval of Sole-Source 8(a) Contracts (Interim) ....................................................... Additional Requirements for Market Research ....................................................................................... Socioeconomic Program Parity (Interim) ................................................................................................ Use of Commercial Services Item Authority ........................................................................................... Trade Agreements Thresholds ............................................................................................................... Disclosure and Consistency of Cost Accounting Practices for Contracts Awarded to Foreign Concerns. Compensation for Personal Services ..................................................................................................... Technical Amendments. IX ............. X .............. SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the actual revisions and/or amendments made by these FAR cases, refer to the specific item numbers and subject set forth in the documents following these item summaries. FAC 2005–50 amends the FAR as specified below: jlentini on DSKJ8SOYB1PROD with RULES2 Item I—Proper Use and Management of Cost-Reimbursement Contracts (FAR Case 2008–030) (Interim) This interim rule amends the FAR to implement section 864 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110– 417). This law aligns with the goal of the Presidential Memorandum on Government Contracting, issued on March 4, 2009, which is to reduce waste, fraud, and abuse in Government contracting. This rule provides internal regulatory guidance on the proper use and management of all contracts, specifically cost-reimbursement contracts. The rule identifies (1) circumstances when costreimbursement contracts are appropriate; (2) acquisition plan findings required to support the contract type selection; and (3) the acquisition resources necessary to award and manage a cost-reimbursement contract. Item II—Requirements for Acquisitions Pursuant to Multiple-Award Contracts (FAR Case 2007–012) (Interim) This interim rule amends the FAR to implement section 863 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110– 417). Section 863 mandates enhanced competition for orders placed under multiple-award contracts, including GSA’s Federal Supply Schedules. If an order over the simplified acquisition threshold does not follow the section 863 competitive procedures, section 863 requires that a notice and the VerDate Mar<15>2010 18:19 Mar 15, 2011 Jkt 223001 FAR case determination of an exception be published in FedBizOpps within 14 days after award. The interim rule relocates all procedures for establishing a Blanket Purchase Agreement (BPA) or placing an order under a BPA in one subsection, FAR 8.405–3. New BPAs must be established in accordance with the new competition standard. Orders over the simplified acquisition threshold against a new multiple-award BPA must meet the new competition standards; use is discretionary for existing multipleaward BPAs. For orders under FAR part 16 taskand delivery-order contracts, orders over the simplified acquisition threshold must meet the new competition procedures; each contract holder must receive notice of the intent to make a purchase. Item III—Justification and Approval of Sole-Source 8(a) Contracts (2009–038) (Interim) This interim rule amends the FAR to implement section 811 of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111–84). Section 811 prohibits the award of a sole-source contract in an amount over $20 million under the 8(a) program authority (15 U.S.C. 637(a)) without first obtaining a written Justification and Approval (J&A) approved by an appropriate official and making public the J&A and related information. This is a new internal Government requirement for the development and approval of a solesource J&A for 8(a) sole-source awards over $20 million. It neither prohibits such awards nor increases the qualifications required of 8(a) firms. No automated systems are impacted. Item IV—Additional Requirements for Market Research (FAR Case 2008–007) This final rule adopts, with changes, the interim rule that amended the FAR PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 Analyst 2008–030 2007–012 2009–038 2008–007 2011–004 2008–034 2009–040 2009–025 Sakalos. Clark. Robinson. Sakalos. Morgan. Chambers. Davis. Chambers. 2009–026 Chambers to implement section 826 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110–181). Section 826, entitled ‘‘Market Research,’’ established new requirements for agencies subject to Title 10, United States Code. As a matter of policy, this provision of law was applied to contracts awarded by all executive agencies. The rule requires that market research must be conducted before an agency places a task or delivery order in excess of the simplified acquisition threshold under an indefinite-delivery indefinite-quantity contract. In addition, a prime contractor with a contract in excess of $5 million for the procurement of items other than commercial items is required to conduct market research before making purchases that exceed the simplified acquisition threshold. Among other changes, the final rule also deletes the language added to FAR 52.244–6 (Alternate I) and relocates it to a new FAR clause 52.210–1, Market Research. Item V—Socioeconomic Program Parity (FAR Case 2011–004) (Interim) This interim rule amends the FAR to implement section 1347 of the ‘‘Small Business Jobs Act of 2010’’ (Pub. L. 111– 240) and the Small Business Administration regulations governing specific contracting and business assistance programs. Section 1347 changed the word ‘‘shall’’ to ‘‘may’’ at section 31(b)(2)(B) of the Small Business Act (15 U.S.C. 657a(b)(2)(B)), thereby permitting a contracting officer to use discretion when determining whether an acquisition will be restricted to a small business participating in the 8(a) Business Development Program, the Historically Underutilized Business Zone Program, or the Service-Disabled Veteran-Owned Small Business Program. E:\FR\FM\16MRR2.SGM 16MRR2 14574 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations Item VI—Use of Commercial Services Item Authority (FAR Case 2008–034) This final rule adopts, without change, an interim rule that implemented section 868 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110– 417). Section 868 provides that the FAR shall be amended with respect to the procurement of commercial services that are not offered and sold competitively in substantial quantities in the commercial marketplace, but are of a type offered and sold competitively in substantial quantities in the commercial marketplace. Such services may be considered commercial items only if the contracting officer has determined in writing that the offeror has submitted sufficient information to evaluate, through price analysis, the reasonableness of the price for these services. The rule details the information the contracting officer may consider in order to make this determination. The rule further details, when this determination cannot be made, the information which may be requested to determine price reasonableness. Item VII—Trade Agreements Thresholds (FAR Case 2009–040) jlentini on DSKJ8SOYB1PROD with RULES2 This final rule adopts, without change, an interim rule that amended VerDate Mar<15>2010 18:19 Mar 15, 2011 Jkt 223001 the FAR to adjust the thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements as determined by the United States Trade Representative, according to a pre-determined formula under the agreements. Item VIII—Disclosure and Consistency of Cost Accounting Practices for Contracts Awarded to Foreign Concerns (FAR Case 2009–025) This final rule adopts, without change, the interim rule that amended the FAR to revise FAR 30.201–4(c), 30.201–4(d)(1), 52.230–4, and 52.230–6 to maintain consistency between FAR and Cost Accounting Standards (CAS) regarding the administration of the Cost Accounting Standard Board’s (CASB) rules, regulations and standards. This revision was necessitated by the CASB publishing a final rule in the Federal Register on March 26, 2008 (73 FR 15939) which implemented the revised clause, Disclosure and Consistency of Cost Accounting Practices—Foreign Concerns, in CAS-covered contracts and subcontracts awarded to foreign concerns. Item IX—Compensation for Personal Services (FAR Case 2009–026) This final rule adopts, without change, the interim rule that amended PO 00000 Frm 00034 Fmt 4701 Sfmt 9990 the FAR to align the existing FAR 31.205–6(q)(2)(i) through (vi) with the changes made in Cost Accounting Standards (CAS) Board standards 412 ‘‘Cost Accounting Standard for composition and measurement of pension cost,’’ and 415 ‘‘Accounting for the cost of deferred compensation.’’ Formerly, the applicable CAS standard for measuring, assigning, and allocating the costs of Employee Stock Ownership Plans (ESOPs) depended on whether the ESOP met the definition of a pension plan at FAR 31.001. Costs for ESOPs meeting the definition of a pension plan at FAR 31.001 were covered by CAS 412, while the costs for ESOPs not meeting the definition of a pension plan at FAR 31.001 were covered by CAS 415. Now, regardless of whether an ESOP meets the definitions of a pension plan at FAR 31.001, all costs of ESOPs are covered by CAS 415. Item X—Technical Amendments Editorial changes are made at FAR 19.201, 52.212–3, and 52.212–5. Dated: March 4, 2011. Millisa Gary, Acting Director, Office of Governmentwide Acquisition Policy. [FR Doc. 2011–5562 Filed 3–15–11; 8:45 am] BILLING CODE 6820–EP–P E:\FR\FM\16MRR2.SGM 16MRR2

Agencies

[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Rules and Regulations]
[Pages 14572-14574]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5562]


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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

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

ACTION: Small Entity Compliance Guide.

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

SUMMARY: 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

[[Page 14573]]

information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755.

                      List of Rules in FAC 2005-50
------------------------------------------------------------------------
      Item               Subject           FAR case         Analyst
------------------------------------------------------------------------
I..............  Proper Use and             2008-030  Sakalos.
                  Management of Cost-
                  Reimbursement
                  Contracts (Interim).
II.............  Requirements for           2007-012  Clark.
                  Acquisitions Pursuant
                  to Multiple-Award
                  Contracts (Interim).
III............  Justification and          2009-038  Robinson.
                  Approval of Sole-
                  Source 8(a) Contracts
                  (Interim).
IV.............  Additional                 2008-007  Sakalos.
                  Requirements for
                  Market Research.
* V............  Socioeconomic Program      2011-004  Morgan.
                  Parity (Interim).
VI.............  Use of Commercial          2008-034  Chambers.
                  Services Item
                  Authority.
VII............  Trade Agreements           2009-040  Davis.
                  Thresholds.
VIII...........  Disclosure and             2009-025  Chambers.
                  Consistency of Cost
                  Accounting Practices
                  for Contracts Awarded
                  to Foreign Concerns.
IX.............  Compensation for           2009-026  Chambers
                  Personal Services.
X..............  Technical Amendments..
------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments made by these FAR cases, refer to 
the specific item numbers and subject set forth in the documents 
following these item summaries. FAC 2005-50 amends the FAR as specified 
below:

Item I--Proper Use and Management of Cost-Reimbursement Contracts (FAR 
Case 2008-030) (Interim)

    This interim rule amends the FAR to implement section 864 of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 
(Pub. L. 110-417). This law aligns with the goal of the Presidential 
Memorandum on Government Contracting, issued on March 4, 2009, which is 
to reduce waste, fraud, and abuse in Government contracting. This rule 
provides internal regulatory guidance on the proper use and management 
of all contracts, specifically cost-reimbursement contracts. The rule 
identifies (1) circumstances when cost-reimbursement contracts are 
appropriate; (2) acquisition plan findings required to support the 
contract type selection; and (3) the acquisition resources necessary to 
award and manage a cost-reimbursement contract.

Item II--Requirements for Acquisitions Pursuant to Multiple-Award 
Contracts (FAR Case 2007-012) (Interim)

    This interim rule amends the FAR to implement section 863 of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 
(Pub. L. 110-417). Section 863 mandates enhanced competition for orders 
placed under multiple-award contracts, including GSA's Federal Supply 
Schedules. If an order over the simplified acquisition threshold does 
not follow the section 863 competitive procedures, section 863 requires 
that a notice and the determination of an exception be published in 
FedBizOpps within 14 days after award.
    The interim rule relocates all procedures for establishing a 
Blanket Purchase Agreement (BPA) or placing an order under a BPA in one 
subsection, FAR 8.405-3. New BPAs must be established in accordance 
with the new competition standard. Orders over the simplified 
acquisition threshold against a new multiple-award BPA must meet the 
new competition standards; use is discretionary for existing multiple-
award BPAs.
    For orders under FAR part 16 task- and delivery-order contracts, 
orders over the simplified acquisition threshold must meet the new 
competition procedures; each contract holder must receive notice of the 
intent to make a purchase.

Item III--Justification and Approval of Sole-Source 8(a) Contracts 
(2009-038) (Interim)

    This interim rule amends the FAR to implement section 811 of the 
National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111-
84). Section 811 prohibits the award of a sole-source contract in an 
amount over $20 million under the 8(a) program authority (15 U.S.C. 
637(a)) without first obtaining a written Justification and Approval 
(J&A) approved by an appropriate official and making public the J&A and 
related information. This is a new internal Government requirement for 
the development and approval of a sole-source J&A for 8(a) sole-source 
awards over $20 million. It neither prohibits such awards nor increases 
the qualifications required of 8(a) firms. No automated systems are 
impacted.

Item IV--Additional Requirements for Market Research (FAR Case 2008-
007)

    This final rule adopts, with changes, the interim rule that amended 
the FAR to implement section 826 of the National Defense Authorization 
Act for Fiscal Year 2008 (Pub. L. 110-181). Section 826, entitled 
``Market Research,'' established new requirements for agencies subject 
to Title 10, United States Code. As a matter of policy, this provision 
of law was applied to contracts awarded by all executive agencies. The 
rule requires that market research must be conducted before an agency 
places a task or delivery order in excess of the simplified acquisition 
threshold under an indefinite-delivery indefinite-quantity contract. In 
addition, a prime contractor with a contract in excess of $5 million 
for the procurement of items other than commercial items is required to 
conduct market research before making purchases that exceed the 
simplified acquisition threshold. Among other changes, the final rule 
also deletes the language added to FAR 52.244-6 (Alternate I) and 
relocates it to a new FAR clause 52.210-1, Market Research.

Item V--Socioeconomic Program Parity (FAR Case 2011-004) (Interim)

    This interim rule amends the FAR to implement section 1347 of the 
``Small Business Jobs Act of 2010'' (Pub. L. 111-240) and the Small 
Business Administration regulations governing specific contracting and 
business assistance programs. Section 1347 changed the word ``shall'' 
to ``may'' at section 31(b)(2)(B) of the Small Business Act (15 U.S.C. 
657a(b)(2)(B)), thereby permitting a contracting officer to use 
discretion when determining whether an acquisition will be restricted 
to a small business participating in the 8(a) Business Development 
Program, the Historically Underutilized Business Zone Program, or the 
Service-Disabled Veteran-Owned Small Business Program.

[[Page 14574]]

Item VI--Use of Commercial Services Item Authority (FAR Case 2008-034)

    This final rule adopts, without change, an interim rule that 
implemented section 868 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Pub. L. 110-417). Section 868 
provides that the FAR shall be amended with respect to the procurement 
of commercial services that are not offered and sold competitively in 
substantial quantities in the commercial marketplace, but are of a type 
offered and sold competitively in substantial quantities in the 
commercial marketplace. Such services may be considered commercial 
items only if the contracting officer has determined in writing that 
the offeror has submitted sufficient information to evaluate, through 
price analysis, the reasonableness of the price for these services.
    The rule details the information the contracting officer may 
consider in order to make this determination. The rule further details, 
when this determination cannot be made, the information which may be 
requested to determine price reasonableness.

Item VII--Trade Agreements Thresholds (FAR Case 2009-040)

    This final rule adopts, without change, an interim rule that 
amended the FAR to adjust the thresholds for application of the World 
Trade Organization Government Procurement Agreement and the Free Trade 
Agreements as determined by the United States Trade Representative, 
according to a pre-determined formula under the agreements.

Item VIII--Disclosure and Consistency of Cost Accounting Practices for 
Contracts Awarded to Foreign Concerns (FAR Case 2009-025)

    This final rule adopts, without change, the interim rule that 
amended the FAR to revise FAR 30.201-4(c), 30.201-4(d)(1), 52.230-4, 
and 52.230-6 to maintain consistency between FAR and Cost Accounting 
Standards (CAS) regarding the administration of the Cost Accounting 
Standard Board's (CASB) rules, regulations and standards. This revision 
was necessitated by the CASB publishing a final rule in the Federal 
Register on March 26, 2008 (73 FR 15939) which implemented the revised 
clause, Disclosure and Consistency of Cost Accounting Practices--
Foreign Concerns, in CAS-covered contracts and subcontracts awarded to 
foreign concerns.

Item IX--Compensation for Personal Services (FAR Case 2009-026)

    This final rule adopts, without change, the interim rule that 
amended the FAR to align the existing FAR 31.205-6(q)(2)(i) through 
(vi) with the changes made in Cost Accounting Standards (CAS) Board 
standards 412 ``Cost Accounting Standard for composition and 
measurement of pension cost,'' and 415 ``Accounting for the cost of 
deferred compensation.'' Formerly, the applicable CAS standard for 
measuring, assigning, and allocating the costs of Employee Stock 
Ownership Plans (ESOPs) depended on whether the ESOP met the definition 
of a pension plan at FAR 31.001. Costs for ESOPs meeting the definition 
of a pension plan at FAR 31.001 were covered by CAS 412, while the 
costs for ESOPs not meeting the definition of a pension plan at FAR 
31.001 were covered by CAS 415. Now, regardless of whether an ESOP 
meets the definitions of a pension plan at FAR 31.001, all costs of 
ESOPs are covered by CAS 415.

Item X--Technical Amendments

    Editorial changes are made at FAR 19.201, 52.212-3, and 52.212-5.

    Dated: March 4, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide Acquisition Policy.
[FR Doc. 2011-5562 Filed 3-15-11; 8:45 am]
BILLING CODE 6820-EP-P