Federal Acquisition Regulation; Technical Amendments, 37697-37698 [2013-14620]

Download as PDF Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Rules and Regulations companies recognized the transition obligation in the first fiscal period beginning after December 15, 1994, or shortly thereafter if exempted from the initial effective date. While the existing provision at FAR 31.205– 6(o)(2)(iii)(A)(1) remains in force because the referenced GAAP paragraphs can be found in the historical accounting literature, the passage of time raises concerns that the text of these paragraphs may become less readily available. The Councils conclude, therefore, that explicit criteria that generally replicates the substance of the formerly referenced GAAP methodology are needed for determining the allowability of the transition obligation, when converting from pay-as-you-go accounting for PRBs to an accrual method of accounting for the purposes of Government contract cost accounting, as they do not intend to change the substance of the FAR. The Councils acknowledge that contractors may continue to propose (as they have in the past) a change to their Government contract cost accounting practice whereby the ‘‘pay-as-you-go’’ method is replaced by the ‘‘accrual’’ method, and this may give rise to a transition obligation that is similar in its nature, but not its amount, to the initial application transition obligation that arose when (now-superseded) FAS 106 first became applicable in the early 1990’s for financial reporting purposes. TKELLEY on DSK3SPTVN1PROD with RULES2 II. Discussion and Analysis DoD, GSA, and NASA received no comments on the proposed rule and are therefore issuing the rule as final with minor changes from the proposed rule. III. Executive Orders 12866 and 13563 Executive Orders 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). Executive Order 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 Executive Order 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 DoD, GSA, and NASA certify that this final rule will not have a significant VerDate Mar<15>2010 18:42 Jun 20, 2013 Jkt 229001 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 only removes references to specific paragraphs in an accounting standard that were deleted in the Financial Accounting Standards Board’s (FASB’s) Accounting Standards Codification (ASC) of Generally Accepted Accounting Principles (GAAP) and replaces them with explicit criteria that generally replicate the substance of the formerly referenced GAAP methodology (i.e., the substance of the FAR did not change as a result of this final rule). No comments from small entities were received in response to the Regulatory Flexibility Act request under the proposed rule. V. 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 Subject in 48 CFR Part 31 Government procurement. Dated: June 13, 2013. William Clark, Acting Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. Therefore, DoD, GSA, and NASA amend 48 CFR part 31 as set forth below: PART 31—CONTRACT COST PRINCIPLES AND PROCEDURES 1. The authority citation for 48 CFR part 31 continues to read as follows: ■ 37697 (i) In the year of transition from the pay-as-you-go method to accrual accounting for purposes of Government contract cost accounting, the transition obligation shall be the excess of the accumulated PRB obligation over the fair value of plan assets determined in accordance with paragraph (o)(2)(iii)(E) of this subsection; the fair value must be reduced by the prepayment credit as determined in accordance with paragraph (o)(2)(iii)(F) of this subsection. (ii) PRB cost attributable to the transition obligation assigned to the current year that is in excess of the amount assignable to accounting periods on the basis of a straight line amortization of the transition obligation over the average remaining working lives of active employees covered by the PRB plan or a 20-year period, whichever period is longer, is unallowable. However, if the plan is comprised of inactive participants only, the PRB cost attributable to the transition obligation assigned to the current year that is in excess of the amount assignable to accounting periods on a straight line amortization of the transition obligation over the average future life expectancy of the participants is unallowable. (iii) For a plan that transitioned from pay-as-you-go to accrual accounting for Government contract cost accounting prior to July 22, 2013, the unallowable amount of PRB cost attributable to the transition obligation amortization shall continue to be based on the cost principle in effect at the time of the transition until the original transition obligation schedule is fully amortized. * * * * * [FR Doc. 2013–14619 Filed 6–20–13; 8:45 am] Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. BILLING CODE 6820–EP–P 2. Amend section 31.205–6 by revising paragraph (o)(2)(iii)(A) to read as follows: DEPARTMENT OF DEFENSE ■ 31.205–6 Compensation for personal services. * * * * * (o) * * * (2) * * * (iii) * * * (A) Be measured and assigned in accordance with one of the following two methods described under paragraphs (o)(2)(iii)(A)(1) or (o)(2)(iii)(A)(2) of this subsection: (1) Generally accepted accounting principles. However, transitions from the pay-as-you-go method to the accrual accounting method must be handled according to paragraphs (o)(2)(iii)(A)(1)(i) through (iii) of this subsection. PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 8 and 52 [FAC 2005–67; Item XI; Docket 2013–0080; Sequence 3] Federal Acquisition Regulation; Technical Amendments Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCY: E:\FR\FM\21JNR2.SGM 21JNR2 37698 Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Rules and Regulations This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes. DATES: Effective Date: June 21, 2013. FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington, DC 20405, 202–501–4755, for information pertaining to status or publication schedules. Please cite FAC 2005–67, Technical Amendments. SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 CFR parts 8 and 52, this document makes editorial changes to the FAR. SUMMARY: Arlington, VA 22202–3259, 703–603– 7740. * * * ■ 3. Amend section 8.714 by revising paragraph (b) to read as follows: DEPARTMENT OF DEFENSE 8.714 Communications with the central nonprofit agencies and the Committee. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION * * * * (b) Any matter requiring referral to the Committee shall be addressed to the Executive Director of the Committee, 1401 S. Clark Street, Suite 10800, Arlington, VA 22202–3259. * PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 4. Amend section 52.204–8 by: a. Revising the date of the provision; and ■ b. Removing from paragraphs (b)(1), the introductory text of (b)(2), and (c)(1)(iii) ‘‘clause at 52.204–7’’ and adding ‘‘provision at 52.204–7’’ in its place. The revised text reads as follows: ■ ■ List of Subject in 48 CFR Parts 8 and 52 Government procurement. Dated: June 13, 2013. William Clark, Acting Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 8 and 52 as set forth below: ■ 1. The authority citation for 48 CFR parts 8 and 52 continues to read as follows: 52.204–8 Annual Representations and Certifications. Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. * * * * * * * * * 5. Amend section 52.204–10 by: a. Revising the date of the clause; and b. Removing from the introductory text of paragraph (d)(1) ‘‘FAR clause’’ and adding ‘‘FAR provision’’ in its place. The revised text reads as follows: ■ ■ ■ 2. Amend section 8.703 by revising the third sentence to read as follows: ■ 8.703 * Annual Representations and Certifications [Jun 2013] PART 8—REQUIRED SOURCES OF SUPPLIES AND SERVICES Procurement list. * * * Questions concerning whether a supply item or service is on the Procurement List may be submitted at Internet email address info@abilityone.gov or referred to the Committee offices at the following address and telephone number: Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 10800, GENERAL SERVICES ADMINISTRATION 48 CFR Chapter 1 [Docket FAR 2013–0078; Sequence 3] Federal Acquisition Regulation; Federal Acquisition Circular 2005–67; Small Entity Compliance Guide Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). AGENCY: ACTION: Small Entity Compliance Guide. 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 the rule appearing in Federal Acquisition Circular (FAC) 2005–67, which amends 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 this rule by referring to FAC 2005–67, which precedes this document. These documents are also available via the Internet at http://www.regulations.gov. SUMMARY: 52.204–10 Reporting Executive Compensation and First-Tier Subcontract Awards. DATES: * FOR FURTHER INFORMATION CONTACT: * * * * Reporting Executive Compensation and First-Tier Subcontract Awards [Jun 2013] * * * * * [FR Doc. 2013–14620 Filed 6–20–13; 8:45 am] BILLING CODE 6820–EP–P June 21, 2013. For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005–67 and the FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202–501–4755. LIST OF RULES IN FAC 2005–67 Subject * I ......... II .......... III ......... * IV ....... TKELLEY on DSK3SPTVN1PROD with RULES2 Item Contractors Performing Private Security Functions Outside the United States ...................................... Contracting Officer’s Representative ........................................................................................................ System for Award Management Name Change, Phase 1 Implementation ............................................. Interagency Acquisitions: Compliance by Nondefense Agencies with Defense Procurement Requirements. Terms of Service and Open-Ended Indemnification, and Unenforceability of Unauthorized Obligations (Interim). Price Analysis Techniques ....................................................................................................................... Contracting with Women-owned Small Business Concerns (Interim) ..................................................... Deletion of Report to Congress on Foreign-Manufactured Products ...................................................... Free Trade Agreement (FTA)-Panama .................................................................................................... Updated Postretirement Benefit (PRB) References ................................................................................. Technical Amendments. * V ........ * VI ....... * VII ...... VIII ....... IX ......... X .......... XI ......... VerDate Mar<15>2010 18:42 Jun 20, 2013 Jkt 229001 PO 00000 Frm 00032 Fmt 4701 FAR case Sfmt 4700 E:\FR\FM\21JNR2.SGM 21JNR2 Analyst 2011–029 2013–004 2012–033 2012–010 Jackson. Jackson. Glover. Corrigan. 2013–005 Petrusek. 2012–018 2013–010 2013–008 2012–027 2011–019 Chambers. Morgan. Davis. Davis. Chambers.

Agencies

[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Rules and Regulations]
[Pages 37697-37698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14620]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 8 and 52

[FAC 2005-67; Item XI; Docket 2013-0080; Sequence 3]


Federal Acquisition Regulation; Technical Amendments

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

ACTION: Final rule.

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

[[Page 37698]]

SUMMARY: This document makes amendments to the Federal Acquisition 
Regulation (FAR) in order to make editorial changes.

DATES: Effective Date: June 21, 2013.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat Division 
(MVCB), 1800 F Street NW., 2nd Floor, Washington, DC 20405, 202-501-
4755, for information pertaining to status or publication schedules. 
Please cite FAC 2005-67, Technical Amendments.

SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 
CFR parts 8 and 52, this document makes editorial changes to the FAR.

List of Subject in 48 CFR Parts 8 and 52

    Government procurement.

    Dated: June 13, 2013.
William Clark,
Acting Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 8 and 52 as set 
forth below:

0
1. The authority citation for 48 CFR parts 8 and 52 continues to read 
as follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES

0
2. Amend section 8.703 by revising the third sentence to read as 
follows:


8.703   Procurement list.

    * * * Questions concerning whether a supply item or service is on 
the Procurement List may be submitted at Internet email address 
info@abilityone.gov or referred to the Committee offices at the 
following address and telephone number: Committee for Purchase From 
People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 
10800, Arlington, VA 22202-3259, 703-603-7740. * * *

0
3. Amend section 8.714 by revising paragraph (b) to read as follows:


8.714   Communications with the central nonprofit agencies and the 
Committee.

* * * * *
    (b) Any matter requiring referral to the Committee shall be 
addressed to the Executive Director of the Committee, 1401 S. Clark 
Street, Suite 10800, Arlington, VA 22202-3259.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
4. Amend section 52.204-8 by:
0
a. Revising the date of the provision; and
0
b. Removing from paragraphs (b)(1), the introductory text of (b)(2), 
and (c)(1)(iii) ``clause at 52.204-7'' and adding ``provision at 
52.204-7'' in its place.
    The revised text reads as follows:


52.204-8   Annual Representations and Certifications.

* * * * *

Annual Representations and Certifications [Jun 2013]

* * * * *

0
5. Amend section 52.204-10 by:
0
a. Revising the date of the clause; and
0
b. Removing from the introductory text of paragraph (d)(1) ``FAR 
clause'' and adding ``FAR provision'' in its place.
    The revised text reads as follows:


52.204-10   Reporting Executive Compensation and First-Tier Subcontract 
Awards.

* * * * *

Reporting Executive Compensation and First-Tier Subcontract Awards [Jun 
2013]

* * * * *
[FR Doc. 2013-14620 Filed 6-20-13; 8:45 am]
BILLING CODE 6820-EP-P