Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules and Regulations 2633

Dated: January 11, 1996.

Edward C. Loeb,

Acting Director, Office of Federal Acquisition

Policy.

Therefore, 48 CFR Parts 9 and 52 are

amended as set forth below:

1. The authority citation for 48 CFR

Parts 9 and 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).

PART 9—CONTRACTOR

QUALIFICATIONS

9.406–2 [Amended]

2. Section 9.406–2 is amended in

paragraph (a)(3) by inserting ‘‘tax

evasion,’’ after ‘‘false statements,’’.

9.407–2 [Amended]

3. Section 9.407–2 is amended in

paragraph (a)(3) by inserting ‘‘tax

evasion,’’ after ‘‘false statements,’’.

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

52.209–5 [Amended]

4. Section 52.209–5 is amended by

revising the clause date to read ‘‘(MAR

1996)’’; and in paragraph (a)(1)(i)(B) by

inserting ‘‘tax evasion,’’ after ‘‘false

statements’’.

52.212–3 [Amended]

5. Section 52.212–3 is amended by

revising the date of the provision to read

‘‘(MAR 1996)’’; and in paragraph (h)(2)

by adding ‘‘tax evasion,’’ after ‘‘false

statements,’’.

[FR Doc. 96–1018 Filed 1–25–96; 8:45 am]

BILLING CODE 6820–EP–M

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 15 and 52

[FAC 90–37; FAR Case 92–010; Item V]

RIN 9000–AF77

Federal Acquisition Regulation;

Nonprofit Institutions Clause

Prescription

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 to amend the

Federal Acquisition Regulation (FAR).

These changes revise the prescriptions

for use of the clauses, Termination of

Defined Benefit Pension Plans and

Reversion or Adjustment of Plans for

Postretirment Benefits Other Than

Pensions (PRB), and also clarifies the

language of the clauses. This regulatory

action was not subject to Office of

Management and Budget review under

Executive Order 12866, dated

September 30, 1993.

EFFECTIVE DATE: March 26, 1996.

FOR FURTHER INFORMATION CONTACT:

Mr. Jeremy Olson at (202) 501–3221 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 90–37, FAR case 92–

010.

SUPPLEMENTARY INFORMATION:

A. Background

The wording of the prescriptions at

15.804–8(e) and (f) currently implies

that the clauses at 52.215–27,

Termination of Defined Benefit Pension

Plans, and 52.215–39, Reversion or

Adjustment of Plans for Postretirement

Benefits Other Than Pensions, should

also be used in solicitions and contracts

with noncommercial organizations. The

clauses refer to the cost principles

applicable to commercial organizations

in FAR subpart 31.2, whereas OMB

Circulars A–21, A–87 and A–122

contain the cost principles governing

contracts with noncommercial

organizations. In addition, the

prescriptions currently contain

dissimilar criteria concerning the use of

the clauses in preaward or postaward

cost situations. The revisions to the

prescriptions at 15.804–8(e) and (f)

correct these inconsistencies and clarify

when the clauses at 52.215–27 and

52.215–39 should be used. Additional

revisions to the clauses clarify the

requirements specified in them. A

proposed rule was published in the

Federal Register at 59 FR 16389, April

6, 1994. Three public comments were

received. No changes were made as a

result of those comments.

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 under the

Regulatory Flexibility Act, 5 U.S.C. 601,

et seq., because most contracts awarded

to small businesses are awarded on a

competitive, fixed-price basis and the

cost principles do not apply. It is

estimated that the number of contract

actions awarded to small businesses

which require the submission of cost or

pricing data average less than 1 percent

of the total number of small business

actions.

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 Parts 15 and

52

Government procurement.

Dated: January 11, 1996.

Edward C. Loeb,

Acting Director, Office of Federal Acquisition

Policy.

Therefore, 48 CFR Parts 15 and 52 are

amended as set forth below:

1. The authority citation for 48 CFR

Parts 15 and 52 continue to read as

follows:

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

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

PART 15—CONTRACTING BY

NEGOTIATION

2. Section 15.804–8 is amended by

revising paragraphs (e) and (f); and in

paragraph (g) by removing the word

‘‘certified’’. The revised text reads as

follows:

15.804–8 Contract clauses and solicitation

provisions.

* * * * *

(e) Termination of defined benefit

pension plans. The contracting officer

shall insert the clause at 52.215–27,

Termination of Defined Benefit Pension

Plans, in solicitations and contracts for

which it is anticipated that cost or

pricing data will be required or for

which any preaward or postaward cost

determinations will be subject to part

31.

(f) Postretirement benefit funds. The

contracting officer shall insert the clause

at 52.215–39, Reversion or Adjustment

of Plans for Postretirement Benefits

Other Than Pensions (PRB), in

solicitations and contracts for which it

is anticipated that cost or pricing data

will be required or for which any

preaward or postaward cost

determination will be subject to part 31.

* * * * *
2634 Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules and Regulations

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

3. Section 52.215–27 is amended by

revising the clause to read as follows:

52.215–27 Termination of Defined Benefit

Pension Plans.

* * * * *

Termination of Defined Benefit Pension

Plans (Mar 1996)

The Contractor shall promptly notify the

Contracting Officer in writing when it

determines that it will terminate a defined

benefit pension plan or otherwise recapture

such pension fund assets. If pension fund

assets revert to the Contractor or are

constructively received by it under a

termination or otherwise, the Contractor shall

make a refund or gift 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 (see

15.804 of the Federal Acquisition Regulation

(FAR)) were submitted or which are subject

to FAR Part 31. The Contractor shall include

the substance of this clause in all

subcontracts under this contract which meets

the applicability requirements of FAR

15.804–8(e).

(End of clause)

4. Section 52.215–39 is amended by

revising the clause to read as follows:

52.215–39 Reversion or Adjustment of

Plans for Postretirement Benefits Other

Than Pensions (PRB).

* * * * *

Reversion or Adjustment of Plans for

Postretirement Benefits Other Than Pensions

(PRB) (Mar 1996)

The Contractor shall promptly notify the

Contracting Officer in writing when it

determines that it will terminate or reduce a

PRB plan. If PRB fund assets revert, or inure,

to the Contractor or are constructively

received by it under a plan termination,

reduction, or otherwise, the Contractor shall

make a refund or give a credit to the

Government for its equitable share of any

amount of previously funded PRB costs

which revert or inure to the Contractor. Such

equitable share shall reflect the Government’s

previous participation in PRB costs through

those contracts for which cost or pricing data

(see 15.804 of the Federal Acquisition

Regulation (FAR)) were submitted or which

are subject to FAR Part 31. 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(f).

(End of clause)

[FR Doc. 96–1019 Filed 1–25–96; 8:45 am]

BILLING CODE 6820–EP–M

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 15

[FAC 90–37; FAR Case 95–006; Item VI]

RIN 9000–AG69

Federal Acquisition Regulation; Field

Pricing Support Request

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 to amend the

Federal Acquisition Regulation (FAR) to

clarify internal Government procedures

for requesting field pricing support.

This regulatory action was not subject to

Office of Management and Budget

review under Executive Order 12866,

dated September 30, 1993.

EFFECTIVE DATE: March 26, 1996.

FOR FURTHER INFORMATION CONTACT:

Mr. Jeremy Olson at (202) 501–3221 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 90–37, FAR case 95–

006.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule implements a

recommendation of the Department of

Defense Procurement Process Reform

Process Action Team. The rule clarifies

that contracting officers may send audit

requests directly to the cognizant audit

office, if no other type of field pricing

support is required.

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. Therefore,

the Regulatory Flexibility Act does not

apply. However, comments from small

entities concerning the affected 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 90–37, FAR case 95–

006), 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 15

Government procurement.

Dated: January 11, 1996.

Edward C. Loeb,

Acting Director, Office of Federal Acquisition

Policy.

Therefore, 48 CFR Part 15 is amended

as set forth below:

PART 15—CONTRACTING BY

NEGOTIATION

1. The authority citation for 48 CFR

Part 15 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 15.805–5 is amended in

paragraph (c)(1) by revising the second

sentence to read as follows:

15.805–5 Field pricing support.

* * * * *

(c) * * *

(1) * * * If an audit is all that is

needed, the contracting officer may

initiate an audit by sending the request

directly to the cognizant audit office.

* * *

* * * * *

[FR Doc. 96–1020 Filed 1–25–96; 8:45 am]

BILLING CODE 6820–EP–M

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 15

[FAC 90–37; FAR Case 92–002; Item VII]

RIN 9000–AF74

Federal Acquisition Regulation;

Subcontract Proposal Audits

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