[Federal Register: August 11, 2009 (Volume 74, Number 153)]
[Rules and Regulations]
[Page 40467-40468]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au09-27]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 30 and 52
[FAC 2005-36; FAR Case 2007-002; Item VI; Docket 2008-0001, Sequence
22]
RIN 9000-AL09
Federal Acquisition Regulation; FAR Case 2007-002, Cost
Accounting Standards (CAS) Administration and Associated Federal
Acquisition Regulation Clauses
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to revise the
contract clauses related to the administration of the Cost Accounting
Standards (CAS) to maintain consistency between the FAR and CAS.
DATES: Effective Date: August 11, 2009.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Edward N. Chambers, Procurement Analyst, at (202) 501-3221. For
information pertaining to status or publication schedules, contact the
FAR Secretariat at (202) 501-4755. Please cite FAR Case 2007-002.
SUPPLEMENTARY INFORMATION:
A. Background
The CAS Board published a final rule in the Federal Register at 72
FR 32809 on June 14, 2007, revising the contract clauses for CAS
administration. The final rule effected the following changes:
Amended the CAS applicability threshold to be the same as
the threshold for compliance with the Truth in Negotiations Act (TINA)
as required by section 822 of the 2006 National Defense Authorization
Act (Pub. L. 109-163). The TINA threshold is currently $650,000.
Changed the effective dates of 48 CFR 9903.201-3 and 48
CFR 9903.201-4(a), (c), and (e) from April 2000 and June 2000,
respectively, to June 2007.
The CAS Board published a final rule in the Federal Register at 65
FR 37470 on June 14, 2000, revising the contract clauses for CAS
administration. The final rule specified that the interest rate for
overpayments by the Government under 48 CFR 9903.201-4(a), (c), and (e)
shall be computed at the annual rate established under section
6621(a)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 6621(a)(2)).
In order to maintain consistency between CAS and FAR, the Councils
issued an interim rule revising 30.201-4 and 50.230-1 through 50.230-5.
This final rule adopts, without change, the interim rule published
in the Federal Register at 73 FR 54011 on September 17, 2008. No public
comments were received in response to the interim rule.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive
[[Page 40468]]
Order 12866, Regulatory Planning and Review, dated September 30, 1993.
This rule is not a major rule under 5 U.S.C. 804.
B. 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, at 5 U.S.C. 601, et seq., because contracts and
subcontracts awarded to small businesses are exempt from the Cost
Accounting Standards.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
Chapter 35, et seq.
List of Subjects in 48 CFR Parts 30 and 52
Government procurement.
Dated: August 4, 2009.
Al Matera,
Director, Office of Acquisition Policy.
Interim Rule Adopted as Final Without Change
0
Accordingly, the interim rule amending 48 CFR parts 30 and 52, which
was published in the Federal Register at 73 FR 54011 on September 17,
2008, is adopted as a final rule without change.
[FR Doc. E9-19167 Filed 8-10-09; 8:45 am]
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