Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Proposed Rules 49903

(b) For segment closings, pension plan

terminations, or curtailment of benefits,

whether or not this contract or the applicable

subcontract is subject to Cost Accounting

Standards (CAS), the adjustment amounts

shall be the amounts measured, assigned, and

allocated in accordance with 48 CFR

9904.413–50(c)(12). Notwithstanding the

language in 48 CFR 9904.413–50(c)(12)(vi),

which limits the numerator of the adjustment

to CAS-covered contracts, for the purposes of

the calculations under this paragraph, all

contracts and subcontracts that are subject to

Subpart 31.2 or for which cost or pricing data

were submitted shall be treated as if they

were subject to 48 CFR 9904.413 and shall be

included in the numerator of the adjustment.

(c) For all other situations when assets

revert to the Contractor, or such assets are

constructively received by it for any reason,

the Contractor shall, at the Government’s

option, make a refund or give a credit to the

Government for its equitable share of the

gross amount withdrawn. The Government’s

equitable share shall reflect the Government’s

participation in pension costs through those

contracts for which cost or pricing data were

submitted or which are subject to Subpart

31.2 of the Federal Acquisition Regulation

(FAR).

(d) The Contractor shall include the

substance of this clause in all subcontracts

under this contract which meet the

applicability requirements of FAR 15.804–

8(e).

(End of clause)

[FR Doc. 97–25244 Filed 9–22–97; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 52

[FAR Case 96–023]

RIN 9000–AH69

Federal Acquisition Regulation; Clause

Flowdown-Commercial Items

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Proposed rule.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council are

proposing to amend the Federal

Acquisition Regulation (FAR) to clarify

requirements for the inclusion of FAR

provisions and clauses in subcontracts

for commercial items and commercial

components. This regulatory action was

not subject to Office of Management and

Budget review under Executive Order

12866, dated September 30, 1993. This

is not a major rule under 5 U.S.C. 804.

DATES: Comments should be submitted

on or before November 24, 1997 to be

considered in the formulation of a final

rule.

ADDRESSES: Interested parties should

submit written comments to: General

Services Administration, FAR

Secretariat (MVRS), 1800 F Street, NW,

Room 4035, Washington, DC 20405.

E-mail comments submitted over

Internet should be addressed to:

farcase.96–023@gsa.gov.

Please cite FAR case 96–023 in all

correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, Room 4035, GS

Building, Washington, DC 20405 (202)

501–4755 for information pertaining to

status or publication schedules. For

clarification of content, contact Ms.

Linda Klein, Procurement Analyst, at

(202) 501–3775. Please cite FAR case

96–023.

SUPPLEMENTARY INFORMATION:

A. Background

This rule proposes amendments to the

clause at FAR 52.244–6, Subcontracts

for Commercial Items and Commercial

Components, to clarify that contractors

are required to include, in subcontracts

at any tier for commercial items or

commercial components, the FAR

clauses and provisions listed in the

clause at FAR 52.244–6 and such other

clauses and provisions as may be

required by addenda, to the extent they

are applicable or necessary to establish

the reasonableness of prices under FAR

Part 15.

B. Regulatory Flexibility Act

This proposed rule is not expected to

have a significant 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 clarifies existing

requirements regarding the inclusion of

FAR provisions and clauses in

subcontracts for commercial items and

commercial components. An Initial

Regulatory Flexibility Analysis has,

therefore, not been performed.

Comments from small entities

concerning the affected FAR subpart

will be considered in accordance with 5

U.S.C. 610 of the Act. Such comments

must be submitted separately and

should cite 5 U.S.C. 601, et seq. (FAR

case 96–023), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the proposed changes

to the FAR do not impose recordkeeping

or information collection requirements,

or collections of information from

offerors, contractors, or members of the

public which require the approval of the

Office of Management and Budget under

44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 52

Government procurement.

Dated: September 18, 1997.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, it is proposed that 48 CFR

Part 52 be amended as set forth below:

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

1. The authority citation for 48 CFR

Part 52 continues to read as follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C.

chapter 137; and 42 U.S.C. 2473(c).

2. Section 52.244–6 is amended by

revising the clause date and paragraph

(c) introductory text to read as follows:

52.244–6 Subcontracts for Commercial

items and Commercial Components.

* * * * *

Subcontracts for Commercial Items and

Commercial Components (Date)

* * * * *

(c) Notwithstanding any other clause of

this contract, the Contractor is not required

to include any provision or clause, other than

those listed below to the extent they are

applicable (and other clauses as may be

required by addenda to this paragraph to

establish the reasonableness of prices under

FAR Part 15) in a subcontract at any tier for

commercial items or commercial

components:

* * * * *

[FR Doc. 97–25242 Filed 9–22–97; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 31

[FAR Case 97–010]

RIN 9000–AH71

Federal Acquisition Regulation; Taxes

Associated With Divested Segments

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Proposed rule.