12718 Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Rules and Regulations

nonpayment by the Contractor or deficient

subcontract performance or nonperformance

by a subcontractor.

(k) Non-recourse for prime contractor

interest penalty. The Contractor’s obligation

to pay an interest penalty to a subcontractor

pursuant to the clauses included in a

subcontract under paragraph (c) of this clause

shall not be construed to be an obligation of

the United States for such interest penalty. A

cost-reimbursement claim may not include

any amount for reimbursement of such

interest penalty.

(End of clause)

[FR Doc. 97–6319 Filed 3–14–97; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 33

[FAC 90–46; FAR Case 96–016; Item XI]

RIN 9000–AH38

Federal Acquisition Regulation;

Attorneys’ Fees in GAO Protests

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.

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

clarify the effective date of the $150.00

hourly cap on attorneys’ fees imposed

by Section 1403(b)(2) of the Federal

Acquisition Streamlining Act (FASA) of

1994 (Public Law 103–355). The hourly

cap on attorneys’ fees applies only to

those protests filed on or after October

1, 1995. 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.

EFFECTIVE DATE: May 16, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

Jack O’Neill at (202) 501–3856 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–

016.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends FAR 33.104 to

clarify that the $150.00 hourly cap on

attorneys’ fees applies only to those

protests filed on or after the effective

date of FASA. Protests filed with the

General Accounting Office prior to

October 1, 1995, are not subject to the

hourly cap on attorneys’ fees.

B. Regulatory Flexibility Act

The final rule does not constitute a

significant FAR revision within the

meaning of FAR 1.501 and Public Law

98–577, and publication for public

comments is not required. However,

comments from small entities

concerning the affected FAR subpart

will be considered in accordance with 5

U.S.C. 610. Such comments must be

submitted separately and cite 5 U.S.C.

601, et seq. (FAC 90–46, FAR case 96–

016), in correspondence.

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

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 33

Government procurement.

Dated: March 7, 1997.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Part 33 is amended

as set forth below:

PART 33—PROTESTS, DISPUTES,

AND APPEALS

1. The authority citation for 48 CFR

Part 33 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 33.104 is amended by

revising the introductory text of

paragraph (h)(3) to read as follows:

33.104 Protests to GAO.

* * * * *

(h) * * *

(3) For protests filed on or after

October 1, 1995, no agency shall pay a

party, other than a small business

concern within the meaning of section

3(a) of the Small Business Act (see

19.001, Small business concern), costs

under paragraph (h)(2) of this section—

* * * * *

[FR Doc. 97–6320 Filed 3–14–97; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 44

[FAC 90–46; FAR Case 94–605; Item XII]

RIN 9000–AG75

Federal Acquisition Regulation;

Contractors’ Purchasing Systems

Reviews

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.

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

revise the requirements relating to

Contractors’ Purchasing Systems

Reviews (CPSRs). 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.

EFFECTIVE DATE: May 16, 1997.

FOR FURTHER INFORMATION CONTACT: Ms.

Linda Klein at (202) 501–3775 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 94–

605.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends FAR section

44.302, to (1) add a requirement for the

cognizant contract administration

agency to determine the need for a CPSR

based on, but not limited to, the past

performance of the contractor; and

volume, complexity, and dollar value of

the subcontracting activity, and (2)

delete the requirement for a CPSR to be

performed initially and at least every 3

years thereafter, for contractors over a

certain sales level. In addition, sections

44.303 through 44.307 are amended to

conform to the revisions at 44.302.

A proposed rule was published in the

Federal Register at 60 FR 66472,

December 21, 1995. Three sources

submitted public comments. The public

comments were considered in the

development of the final rule.