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Title 48: e-CFR


bob7947

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There was a thread about making the FAR workable but it added a bunch of extraneous items.  Vern corrected my mistake in which I had stated pages when the citation should have been to parts.  It appears that retreadfed may have wanted to refer to refer to a chapter but he said part.  That is why you see a bunch of notes below.  I will be deleting these items from the making far workable topic.

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Posted ·by retreadfed

Bob, I must have something wrong with my computers.  I always use the e-cfr when researching the CFR.  However, when I choose title 48 as the title to be searched. I get a page that shows Part 99 as reserved.  Can you educate us on the mysteries of how you got to the CAS through e-cfr?

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Posted  by bob7947

Retreadfed:

I'm using IE 11 as my current web browser.

  1. Let's start with the e-CFR here.
  2. If we click parts 9900 to 9999, it should take us to the CASB in Chapter 99 with Subchapters A and B.
  3. Subchapter B should be the meat of the CASB.  It shows contract coverage at 9903.101 to 9903.307.
  4. the actual standards are at 9904.400 to 9904.420-63.
  5. then there is the section for educational institutions below that.

I haven't looked at the standards for years so I am not sure if that is it in their entirety.  However, e-CFR's updates are directly from the Federal Register.

The e-CFR is still unofficial but if you read about it the updates are made with 2 databases and they are made for the new regulation's effective date.  Another edit:  I tried to track the effective dates explained in the explanation but I could not figure it out.

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Posted  by bob7947

Retreadfed:

Vern is correct that Chapter 1, Part 99 is reserved.  If you go to Title 48, Volume 2, Chapter 1, Browse Parts 52 - 99 you will see a blank in the bottom half of the Regulatory Entity column.  If you click the e-CFR link at Browse Parts 52 - 99, you will see that Parts 54-99 are reserved. 

I attempted to replicate your search for Part 99 under Title 48 and I eventually got the reserved note with some other items.  I assume you found Chapter 1 Part 99.  I tried to do a search for Chapter 99 under Title 48 and ended up with something I didn't want.  Then I did a search using Part 9903 and found Part 9903.  I also did a search for the words cost accounting standards and received links to the FAR and supplements which could be very useful--if you trust the search.

At any rate, we now know the complete citation for the CASB is Title 48, Volume 7, Chapter 99 (unless my eyes saw something that wasn't there.).

 

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Last time I looked (and it's been a while), there were some other items related to CAS that you cannot find in the online FAR Part 99. I'm talking about The Preambles -- especially the preambles from the original CAS Board, from before incorporation into FAR Part 99. These are the two items noted in 30.101(c)(2)(i) and (ii), as quoted below.

Quote

(a) 41 U.S.C. chapter 15, Cost Accounting Standards, requires certain contractors and subcontractors to comply with Cost Accounting Standards (CAS) and to disclose in writing and follow consistently their cost accounting practices.

(b) Contracts that refer to this Part 30 for the purpose of applying the policies, procedures, standards and regulations promulgated by the CASB pursuant to 41 U.S.C. chapter 15, shall be deemed to refer to the CAS, and any other regulations promulgated by the CASB (see 48 CFR Chapter 99), all of which are hereby incorporated in this Part 30.

(c) The appendix to the FAR loose-leaf edition contains --

(1) Cost Accounting Standards and Cost Accounting Standards Board Rules and Regulations Recodified by the Cost Accounting Standards Board at 48 CFR Chapter 99; and

(2) The following preambles:

(i) Part I -- Preambles to the Cost Accounting Standards Published by the Cost Accounting Standards Board.

(ii) Part II -- Preambles to the Related Rules and Regulations Published by the Cost Accounting Standards Board.

(iii) Part III -- Preambles Published under the FAR System.

(d) The preambles are not regulatory but are intended to explain why the Standards and related Rules and Regulations were written, and to provide rationale for positions taken relative to issues raised in the public comments. The preambles are printed in chronological order to provide an administrative history.

Further, at one point you could request a written copy of the preambles -- from the OFPP, if memory serves. Again, I'm going from memory but I don't think 30.201 still notifies users of the option of requesting a written copy of the preambles; it's the CASB rules/regulations/standards only. I did obtain a written copy of the preambles from the Government back in 1999 and still have it today. As far as I know, I received the last remaining copy, because when I requested another copy a few years later, I was told they no longer existed.

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here_to_help:

I have some quick thoughts since I must drive to another home in a few minutes.  I queried CAS Preambles and found some version on the FAR Site at Hill.

Then I thought about the FAR System as it is in the e-CFR.  I looked for the FAA under Title 14--Aeronautics and Space to see if I could find its contracting regulations--I couldn't.  I did find at 14 CFR Part 17 PROCEDURES FOR PROTESTS AND CONTRACT DISPUTES.  I didn't find FAST.  

I read the FAR System law yesterday trying to understand why these are there:   48 CFR  61, CIVILIAN BOARD OF CONTRACT APPEALS, GENERAL SERVICES ADMINISTRATION, and 48 CFR 63, DEPARTMENT OF TRANSPORTATION BOARD OF CONTRACT APPEALS.  Frankly, I don't believe CAS belongs in the FAR System.  Although I know their significance to federal contracting, I view them as Accounting Standards and not contracting regulations.  I don't know where it should be but at least one can find them if they know to check the encoded  FAR System.  Then there is title 41 of the CFR for a huh?

I'm disgusted with this and I'm going to drive home now.

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Bob,

Thanks for doing my homework for me! With respect to the Preambles, please check closely -- are they the preambles issued by the CAS Board AFTER CAS was incorporated into the FAR, or are they the original preambles from the 1970's? My memory says the former not the latter.

I agree that CAS should not be in FAR. The original intent was a bit more objective and independent. They were certainly never intended to be contracting regulations. But times have changed, I guess.

Side note: I'm going on TDY for the next few days and won't be participating here.

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here_to_help:

Here is the page I found: FAR – Appendix (Continued) Cost Accounting Preambles and Regulations*  I am guessing that they show the original preamble from 1972, 1973, etc, and they include amendments from the Federal Register.  If you go backward on that page, you get:  FAR – Appendix Cost Accounting Preambles and Regulations*  That second page is coded as Title 48 of the CFR.  I have no idea what I am looking at.  However, where the preambles should be--between the Standard and the purpose is a reserved section.  The preambles all may have been deleted by a change to them.  I just don't know.     

When the CASB went on its hiatus in 1980, all of its filing cabinets were transferred into GAO's National Security and International Affairs Division where they sat for about 8 years.  Few people knew what was in those filing cabinets and fewer still ever looked inside them.  I believe at least one fellow was picked up by GAO from the CASB.  When the CASB was resuscitated in 1988 and transferred to OMB, I believe he and the files were sent across town to their new home. 

I guess federal agencies can go to hell and back but their records remain on earth.

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The CAS are a big headache in my opinion.  41 US.C. 1502 requires the regulations promulgated by the CASB to be incorporated into the FAR.  As such, when the CASB does so and states that it is amending FAR Part 99, this seems to be consistent with what the statute requires instead of including them in Chapter 99 as part of the FAR System.  Why the disconnect between the FR and CFR remains a mystery.

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Guest Vern Edwards

The CAS are in Title 48 of the CFR, Chapter 99. Each part number within Chapter 99 begins with the chapter number followed by the part number within the chapter. Thus, 48 CFR Chapter 99 begins with Part 9900, Scope of Chapter, and continues with Parts 9901, Rules and Procedures, through 9905, CAS for Educational Institutions. Parts 9904 through 9999 are reserved. It's that way throughout the CFR and the FAR System. See  FAR 1.105-1(c).

On May 21, 2016 at 9:47 AM, Retreadfed said:

Interesting.  When the CASB publishes a final rule in the FR, the FR identifies the change as being made to 48 CFR Part 99.  See, for example https://www.gpo.gov/fdsys/pkg/FR-2011-08-10/pdf/2011-20212.pdf

Retread misquoted the Federal Register entry to which he provided a link. That entry did not refer to "Part 99." It refers to "Chapter 99" and part "9903."

When citing the CFR you do not refer to volume numbers.

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  • 3 weeks later...

I seem to have a vague memory that the original CAS regulations and standards (the parts from 1970 - 1980) were to be found in Title 4 of the CFR, not Title 48. But perhaps that's just memory playing tricks.

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