[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Rules and Regulations]
[Pages 12691-12692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6310]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 3 and 52

[FAC 90-46; FAR Case 96-300; Item I]
RIN 9000-AH06


Federal Acquisition Regulation; Gratuities

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

ACTION: Interim rule adopted as final.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed on a final rule amending 
the Federal Acquisition Regulation (FAR) to exempt solicitations and 
contracts which do not exceed the simplified acquisition threshold from 
the prescribed use of the clause relating to gratuities.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: Effective May 16, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Linfield at (202) 501-1757 in 
reference to this FAR case. For general information, contact the FAR 
Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-46, FAR case 96-300.

SUPPLEMENTARY INFORMATION:

A. Background

    The interim rule published as Item III of Federal Acquisition 
Circular 90-40 in the Federal Register at 61 FR 39199, July 26, 1996, 
is adopted as final without change. The interim rule implemented 
Section 801 of the National Defense Authorization Act for Fiscal Year 
1996 (Public Law 104-106). Section 801 amended 10 U.S.C. 2207, 
generally referred to as the Gratuities Act, to exempt contracts which 
do not exceed the simplified acquisition threshold from application of 
the Gratuities Act. Therefore, the clause at 52.203-3, Gratuities, is 
prescribed for inclusion in only those contracts which exceed the 
simplified acquisition threshold.

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, 5 U.S.C. 601, et seq., because only a small number of 
Federal contractors have been subject to action under the Gratuities 
clause.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose recordkeeping or information collection 
requirements, or collections of information from offerors, contractors, 
or members of the public

[[Page 12692]]

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 Parts 3 and 52

    Government procurement.

    Dated: March 7, 1997.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR Parts 3 and 52 which 
was published at 61 FR 39199 on July 26, 1996, is adopted as a final 
rule without change.

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

[FR Doc. 97-6310 Filed 3-14-97; 8:45 am]
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