Federal Register / Vol. 63, No. 119 / Monday, June 22, 1998 /Rules and Regulations 34073

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 16

[FAC 97–05; FAR Case 97–042; Item IV]

RIN 9000–AI01

Federal Acquisition Regulation; Limits

on Fee for Cost-Plus-Incentive-Fee and

Cost-Plus-Award-Fee Contracts

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 fee limitations pertaining to costreimbursement contracts. This

regulatory action was not subject to

Office of Management and Budget

review under Executive Order 12866,

dated September 30, 1993, and is not a

major rule under 5 U.S.C. 804.

EFFECTIVE DATE: August 21, 1998.

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 Mr.

Ralph DeStefano, Procurement Analyst,

at (202) 501–1758. Please cite FAC 97–

05, FAR case 97–042.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends FAR Part 16 to

clarify fee limitations pertaining to costreimbursement contracts. Federal

Acquisition Circular 97–02, FAR Part 15

Rewrite, published as a final rule on

September 30, 1997 (62 FR 51224),

eliminated non-statutory fee limitations

for cost-plus-incentive-fee and costplus-award-fee contracts. This final rule

makes conforming amendments to FAR

Part 16.

B. Regulatory Flexibility Act

The final rule does not constitute a

significant FAR revision within the

meaning of FAR 1.501 and Pub. L. 98–

577, and publication for public

comments is not required. However,

comments from small entities

concerning the affected FAR subparts

will be considered in accordance with 5

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

submitted separately and should cite 5

U.S.C. 601, et seq. (FAC 97–05, FAR

case 97–042), 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 16

Government procurement.

Dated: June 11, 1998.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Part 16 is amended

as set forth below:

PART 16—TYPES OF CONTRACTS

1. The authority citation for 48 CFR

Part 16 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).

16.301–3 [Amended]

2. Section 16.301–3 is amended by

removing paragraph (a)(3).

3. Section 16.306 is amended by

revising paragraph (c) to read as follows:

16.306 Cost-plus-fixed-fee contracts.

* * * * *

(c) Limitations. No cost-plus-fixed-fee

contract shall be awarded unless the

contracting officer complies with all

limitations in 15.404–4(c)(4)(i) and

16.301–3.

* * * * *

16.405–2 [Amended]

4. Section 16.405–2 is amended at the

end of paragraph (c)(1) by adding ‘‘and’’;

by removing paragraph (c)(2) and

redesignating paragraph (c)(3) as (c)(2).

[FR Doc. 98–16115 Filed 6–19–98; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 22 and 52

[FAC 97–05; FAR Case 96–610; Item V]

RIN 9000–AH99

Federal Acquisition Regulation;

Rehabilitation Act, Workers With

Disabilities

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Interim rule with request for

comments.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed on an interim rule amending the

Federal Acquisition Regulation (FAR) to

implement revised Department of Labor

regulations regarding affirmative action

to employ and advance in employment

qualified individuals with disabilities.

This regulatory action was not subject to

Office of Management and Budget

review under Executive Order 12866,

dated September 30, 1993, and is not a

major rule under 5 U.S.C. 804.

DATES: Effective June 22, 1998.

Comment Date: Comments should be

submitted to the FAR Secretariat at the

address shown below on or before

August 21, 1998 to be considered in the

formulation of a final rule.

ADDRESSES: Interested parties should

submit written comments to: General

Services Administration, FAR

Secretariat (MVR), Attn: Ms. Laurie

Duarte, 1800 F Street, NW, Room 4035,

Washington, DC 20405.

E-Mail comments submitted over the

Internet should be addressed to:

farcase.96–610@gsa.gov.

Please cite FAC 97–05, FAR case 96–

610 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 Mr. Jack

O’Neill, rocurement Analyst, at (202)

501–3856. Please cite FAC 97–05, FAR

case 96–610.

SUPPLEMENTARY INFORMATION: