Federal Acquisition Regulation; Revision of Cost Accounting Standards Threshold, 27550-27551 [2012-11151]
Download as PDF
<![CDATA[
27550
Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Rules and Regulations
(2) * * *
(xi) Colombia FTA (the United StatesColombia Trade Promotion Agreement
Implementation Act (Pub. L. 112–42)
(19 U.S.C. 3805 note));
*
*
*
*
*
25.401
[Amended]
5. Amend section 25.401 in the table
that follows paragraph (b) by removing
from the table heading ‘‘CAFTA–DR,
Chile’’ and adding ‘‘CAFTA–DR,
Colombia FTA, Chile’’ in its place.
■
WTO GPA ..................................................................................................................
FTAs:
Australia FTA ......................................................................................................
Bahrain FTA .......................................................................................................
CAFTA–DR (Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua) ....................................................................................
Chile FTA ............................................................................................................
Colombia FTA .....................................................................................................
Korea FTA ..........................................................................................................
Morocco FTA ......................................................................................................
NAFTA:
—Canada ....................................................................................................
—Mexico ......................................................................................................
Oman FTA ..........................................................................................................
Peru FTA ............................................................................................................
Singapore FTA ...................................................................................................
Israeli Trade Act ........................................................................................................
7. Amend section 52.212–5 by
revising the date of the clause, and
paragraphs (b)(40)(i) and (b)(41) to read
as follows:
■
52.212–5 Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items.
*
*
*
*
*
Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items
(MAY 2012)
srobinson on DSK4SPTVN1PROD with RULES2
*
*
*
*
*
(b) * * *
__ (40)(i) 52.225–3, Buy American
Act—Free Trade Agreements—Israeli
Trade Act (MAY 2012) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19
U.S.C. 2112 note, 19 U.S.C. 3805 note,
19 U.S.C. 4001 note, Pub. L. 103–182,
108–77, 108–78, 108–286, 108–302,
109–53, 109–169, 109–283, 110–138,
112–41, and 112–42).
*
*
*
*
*
__ (41) 52.225–5, Trade Agreements
(MAY 2012) (19 U.S.C. 2501, et seq.,
19 U.S.C. 3301 note).
*
*
*
*
*
52.225–3
[Amended]
8. Amend section 52.225–3 by
revising the date of the clause to read
‘‘(MAY 2012)’’; and in paragraph (a)
removing from the definition ‘‘Free
■
VerDate Mar<15>2010
17:26 May 09, 2012
Jkt 226001
25.402
*
General.
*
*
(b) * * *
Supply contract
(equal to or
exceeding)
Trade agreement
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
6. Amend section 25.402 by revising
the table that follows paragraph (b) to
read as follows:
■
*
*
Service contract
(equal to or
exceeding)
Construction
contract
(equal to or
exceeding)
$202,000
$202,000
$7,777,000
77,494
202,000
77,494
202,000
7,777,000
10,074,262
77,494
77,494
77,494
100,000
202,000
77,494
77,494
77,494
100,000
202,000
7,777,000
7,777,000
7,777,000
7,777,000
7,777,000
25,000
77,494
202,000
202,000
77,494
50,000
77,494
77,494
202,000
202,000
77,494
—
10,074,262
10,074,262
10,074,262
7,777,000
7,777,000
—
Trade Agreement country’’ the words
‘‘Chile, Costa Rica’’ and adding the
words ‘‘Chile, Colombia, Costa Rica’’ in
their place.
DEPARTMENT OF DEFENSE
52.225–5
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Amended]
9. Amend section 52.225–5 by
revising the date of the clause to read
‘‘(MAY 2012)’’; and in paragraph (a)
removing from paragraph (2) of the
definition ‘‘Designated country’’ the
words ‘‘Chile, Costa Rica’’ and adding
the words ‘‘Chile, Colombia, Costa Rica’’
in their place.
■
52.225–11
[Amended]
10. Amend section 52.225–11 by
revising the date of the clause to read
‘‘(MAY 2012)’’; and in paragraph (a)
removing from paragraph (2) of the
definition ‘‘Designated country’’ the
words ‘‘Chile, Costa Rica’’ and adding
the words ‘‘Chile, Colombia, Costa Rica’’
in their place.
■
52.225–23
[Amended]
11. Amend section 52.225–23 by
revising the date of the clause to read
‘‘(MAY 2012)’’; and in paragraph (a)
removing from paragraph (2) of the
definitions ‘‘Designated country’’ and
‘‘Recovery Act designated country’’ the
words ‘‘Chile, Costa Rica’’ and adding
the words ‘‘Chile, Colombia, Costa Rica’’
in their place.
■
[FR Doc. 2012–11149 Filed 5–9–12; 8:45 am]
BILLING CODE 6820–EP–P
PO 00000
Frm 00006
Fmt 4701
Sfmt 4700
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 30 and 52
[FAC 2005–59; FAR Case 2012–003;
Item III; Docket 2012–0003, Sequence 1]
RIN 9000–AM25
Federal Acquisition Regulation;
Revision of Cost Accounting
Standards Threshold
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
revise the threshold for applicability of
cost accounting standards in order to
implement a recent rule of the Cost
Accounting Standards Board and
statutory requirements.
DATES: Effective Date: May 10, 2012.
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
SUMMARY:
E:\FR\FM\10MYR2.SGM
10MYR2
Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Rules and Regulations
Secretariat at 202–501–4755. Please cite
FAC 2005–59, FAR Case 2012–003.
SUPPLEMENTARY INFORMATION:
I. Background
The Cost Accounting Standards (CAS)
Board published a final rule in the
Federal Register at 76 FR 79545, on
December 22, 2011, which revised the
threshold for the application of CAS
from ‘‘$650,000’’ to ‘‘the Truth in
Negotiations Act (TINA) threshold, as
adjusted for inflation (41 U.S.C. 1908
and 41 U.S.C. 1502(b)(1)(B))’’ in the
CAS provisions and clauses at 48 CFR
parts 9901 and 9903. The TINA
threshold is adjusted every 5 years for
inflation, as required by 41 U.S.C. 1908.
Title 41 U.S.C. 1502(b)(1)(B) ties the
CAS applicability threshold to the
dollar value of the TINA threshold
(currently $700,000). The FAR cites the
TINA threshold at FAR 15.403–4(a)(1).
srobinson on DSK4SPTVN1PROD with RULES2
II. Discussion and Analysis
This final rule revises the CAS
applicability threshold from $650,000 to
$700,000 at FAR 30.201–4 and the CAS
clauses in the FAR at 52.230–1 through
50.230–5. The FAR replaced ‘‘$650,000’’
with ‘‘$700,000’’ rather than the phrase
‘‘the Truth in Negotiations Act (TINA)
threshold, as adjusted for inflation (41
U.S.C. 1908 and 41 U.S.C.
1502(b)(1)(B))’’ (the phrase used by the
CAS Board in its rule) as applicable.
The FAR made this change from the
CAS Board’s rule for improved clarity of
FAR 30.201–4 and the CAS clauses in
the FAR—stating the specific dollar
value of the TINA threshold, rather than
a reference to the TINA threshold as was
done in the CAS Board’s final rule. In
so doing, no further action will be
required by the CAS Board to
implement further adjustments for
inflation in the future as permitted by
the CAS Board’s rule; the CAS
applicability thresholds in the FAR will
be revised every 5 years in the future,
whenever the TINA threshold is revised
in the FAR as part of the statutory
revision of the acquisition thresholds.
Publication of This Final Rule for Public
Comment Is Not Required by Statute
‘‘Publication of proposed
regulations,’’ 41 U.S.C. 1707, is the
statute which applies to the publication
of the FAR. Paragraph (a)(1) of the
statute requires that a procurement
policy, regulation, procedure or form
(including an amendment or
modification thereof) must be published
for public comment if it relates to the
expenditure of appropriated funds, and
has either a significant effect beyond the
internal operating procedures of the
agency issuing the policy, regulation,
VerDate Mar<15>2010
17:26 May 09, 2012
Jkt 226001
procedure or form, or has a significant
cost or administrative impact on
contractors or offerors. This final rule is
not required to be published for public
comment, because it recognizes actions
taken by the Cost Accounting Standards
Board that have already been published
for public comment; the changes in this
rule are made to conform the FAR to the
CAS Board final rule published in the
Federal Register at 76 FR 79545, on
December 22, 2011.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
V. Paperwork Reduction Act
This 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 Parts 30 and
52
Government procurement.
Dated: May 3, 2012.
Laura Auletta,
Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 30 and 52 as set
forth below:
■ 1. The authority citation for 48 CFR
parts 30 and 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).
Frm 00007
Fmt 4701
Sfmt 4700
PART 30—COST ACCOUNTING
STANDARDS ADMINISTRATION
30.201–4
[Amended]
2. Amend section 30.201–4 by
removing from paragraph (b)(1)
‘‘$650,000’’ and adding ‘‘$700,000’’ in
its place.
■
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
52.230–1
[Amended]
3. Amend section 52.230–1 by
revising the date of the provision to read
‘‘(MAY 2012)’’; and removing from
paragraph (a) of the Disclosure
Statement I ‘‘$650,000’’ and adding
‘‘$700,000’’ in its place.
■
52.230–2
[Amended]
4. Amend section 52.230–2 by
revising the date of the clause to read
‘‘(MAY 2012)’’; and removing from
paragraph (d) ‘‘$650,000’’ and adding
‘‘$700,000’’ in its place.
■
52.230–3
[Amended]
5. Amend section 52.230–3 by
revising the date of the clause to read
‘‘(MAY 2012)’’; and removing from
paragraph (d)(2) ‘‘$650,000’’ and adding
‘‘$700,000’’ in its place.
■
52.230–4
[Amended]
6. Amend section 52.230–4 by
revising the date of the clause to read
‘‘(MAY 2012)’’; and removing from
paragraph (d)(2) ‘‘$650,000’’ and adding
‘‘$700,000’’ in its place.
■
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
FAR revision within the meaning of
FAR 1.501–1 and 41 U.S.C. 1707 and
does not require publication for public
comment.
PO 00000
27551
52.230–5
[Amended]
7. Amend section 52.230–5 by
revising the date of the clause to read
‘‘(MAY 2012)’’; and removing from
paragraph (d)(2) ‘‘$650,000’’ and adding
‘‘$700,000’’ in its place.
■
[FR Doc. 2012–11151 Filed 5–9–12; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2012–0081, Sequence 4]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–59;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
E:\FR\FM\10MYR2.SGM
10MYR2
]]>Agencies
[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Rules and Regulations]
[Pages 27550-27551]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11151]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 30 and 52
[FAC 2005-59; FAR Case 2012-003; Item III; Docket 2012-0003, Sequence
1]
RIN 9000-AM25
Federal Acquisition Regulation; Revision of Cost Accounting
Standards Threshold
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to revise the threshold for
applicability of cost accounting standards in order to implement a
recent rule of the Cost Accounting Standards Board and statutory
requirements.
DATES: Effective Date: May 10, 2012.
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
[[Page 27551]]
Secretariat at 202-501-4755. Please cite FAC 2005-59, FAR Case 2012-
003.
SUPPLEMENTARY INFORMATION:
I. Background
The Cost Accounting Standards (CAS) Board published a final rule in
the Federal Register at 76 FR 79545, on December 22, 2011, which
revised the threshold for the application of CAS from ``$650,000'' to
``the Truth in Negotiations Act (TINA) threshold, as adjusted for
inflation (41 U.S.C. 1908 and 41 U.S.C. 1502(b)(1)(B))'' in the CAS
provisions and clauses at 48 CFR parts 9901 and 9903. The TINA
threshold is adjusted every 5 years for inflation, as required by 41
U.S.C. 1908. Title 41 U.S.C. 1502(b)(1)(B) ties the CAS applicability
threshold to the dollar value of the TINA threshold (currently
$700,000). The FAR cites the TINA threshold at FAR 15.403-4(a)(1).
II. Discussion and Analysis
This final rule revises the CAS applicability threshold from
$650,000 to $700,000 at FAR 30.201-4 and the CAS clauses in the FAR at
52.230-1 through 50.230-5. The FAR replaced ``$650,000'' with
``$700,000'' rather than the phrase ``the Truth in Negotiations Act
(TINA) threshold, as adjusted for inflation (41 U.S.C. 1908 and 41
U.S.C. 1502(b)(1)(B))'' (the phrase used by the CAS Board in its rule)
as applicable. The FAR made this change from the CAS Board's rule for
improved clarity of FAR 30.201-4 and the CAS clauses in the FAR--
stating the specific dollar value of the TINA threshold, rather than a
reference to the TINA threshold as was done in the CAS Board's final
rule. In so doing, no further action will be required by the CAS Board
to implement further adjustments for inflation in the future as
permitted by the CAS Board's rule; the CAS applicability thresholds in
the FAR will be revised every 5 years in the future, whenever the TINA
threshold is revised in the FAR as part of the statutory revision of
the acquisition thresholds.
Publication of This Final Rule for Public Comment Is Not Required by
Statute
``Publication of proposed regulations,'' 41 U.S.C. 1707, is the
statute which applies to the publication of the FAR. Paragraph (a)(1)
of the statute requires that a procurement policy, regulation,
procedure or form (including an amendment or modification thereof) must
be published for public comment if it relates to the expenditure of
appropriated funds, and has either a significant effect beyond the
internal operating procedures of the agency issuing the policy,
regulation, procedure or form, or has a significant cost or
administrative impact on contractors or offerors. This final rule is
not required to be published for public comment, because it recognizes
actions taken by the Cost Accounting Standards Board that have already
been published for public comment; the changes in this rule are made to
conform the FAR to the CAS Board final rule published in the Federal
Register at 76 FR 79545, on December 22, 2011.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant FAR revision within
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 and does not require
publication for public comment.
V. Paperwork Reduction Act
This 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 Parts 30 and 52
Government procurement.
Dated: May 3, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 30 and 52 as set
forth below:
0
1. The authority citation for 48 CFR parts 30 and 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).
PART 30--COST ACCOUNTING STANDARDS ADMINISTRATION
30.201-4 [Amended]
0
2. Amend section 30.201-4 by removing from paragraph (b)(1)
``$650,000'' and adding ``$700,000'' in its place.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.230-1 [Amended]
0
3. Amend section 52.230-1 by revising the date of the provision to read
``(MAY 2012)''; and removing from paragraph (a) of the Disclosure
Statement I ``$650,000'' and adding ``$700,000'' in its place.
52.230-2 [Amended]
0
4. Amend section 52.230-2 by revising the date of the clause to read
``(MAY 2012)''; and removing from paragraph (d) ``$650,000'' and adding
``$700,000'' in its place.
52.230-3 [Amended]
0
5. Amend section 52.230-3 by revising the date of the clause to read
``(MAY 2012)''; and removing from paragraph (d)(2) ``$650,000'' and
adding ``$700,000'' in its place.
52.230-4 [Amended]
0
6. Amend section 52.230-4 by revising the date of the clause to read
``(MAY 2012)''; and removing from paragraph (d)(2) ``$650,000'' and
adding ``$700,000'' in its place.
52.230-5 [Amended]
0
7. Amend section 52.230-5 by revising the date of the clause to read
``(MAY 2012)''; and removing from paragraph (d)(2) ``$650,000'' and
adding ``$700,000'' in its place.
[FR Doc. 2012-11151 Filed 5-9-12; 8:45 am]
BILLING CODE 6820-EP-P
