[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18914-18915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10427]




[[Page 18913]]


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Part VI

Department of Defense

General Services Administration

National Aeronautics and Space Administration
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48 CFR Chapter 1, et al.



Federal Acquisition Regulation (FAR); Final Rules

Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Rules 
and Regulations

[[Page 18914]]



DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Federal Acquisition Circular 90-38]


Federal Acquisition Regulation; Introduction of Miscellaneous 
Amendments

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

ACTION: Summary presentation of rules.

-----------------------------------------------------------------------

SUMMARY: This document serves to introduce the rules which follow and 
which comprise Federal Acquisition Circular (FAC) 90-38. The Federal 
Acquisition Regulatory Council has agreed to issue FAC 90-38 to amend 
the Federal Acquisition Regulation (FAR).

DATES: For effective dates, see individual documents following this 
one.

FOR FURTHER INFORMATION CONTACT: The individual whose name appears in 
relation to each FAR case or subject area. For general information, 
contact the FAR Secretariat, Room 4037, GS Building, Washington, DC 
20405 (202) 501-4755. Please cite FAC 90-38 and FAR case number(s).

SUPPLEMENTARY INFORMATION: Federal Acquisition Circular 90-38 amends 
the Federal Acquisition Regulation (FAR) as specified below:

----------------------------------------------------------------------------------------------------------------
        Item                      Subject               FAR case                   Contact point                
----------------------------------------------------------------------------------------------------------------
I...................  Modification of Existing             94-723  Al Winston, (703) 602-2119.                  
                       Contracts.                                                                               
II..................  Application of Cost Accounting       95-002  Jeremy Olson, (202) 501-3221.                
                       Standards Board Regulations                                                              
                       to Educational Institutions.                                                             
III.................  Assignment of Claims--               94-767  John Galbraith, (703) 697-6710.              
                       Presidential Delegation.                                                                 
IV..................  Interest Clause Revisions.....       92-045  Jeremy Olson, (202) 501-3221.                
----------------------------------------------------------------------------------------------------------------

Case Summaries

    For the actual revisions and/or amendments to these FAR cases, 
refer to the specific item number and subject set forth in the 
documents following these item summaries.

Item I--Modification of Existing Contracts (FAR Case 94-723)

    This interim rule amends FAR 43.102 to implement section 10002 of 
the Federal Acquisition Streamlining Act of 1994, Public Law 103-355 
(FASA). Section 10002 states that final regulations implementing FASA 
may provide for modification of existing contracts without 
consideration, upon request of the contractor, to incorporate changes 
authorized by FASA. Section 10002 also states that nothing in FASA 
requires the renegotiation or modification of existing contracts to 
incorporate changes authorized by FASA. The interim rule adopts the 
policy of encouraging, but not requiring, appropriate modifications 
without consideration, upon the request of the contractor. If the 
contracting officer determines that modification of an existing 
contract is appropriate to incorporate changes authorized by FASA, the 
modification should insert the current version of the applicable FAR 
clauses.

Item II--Application of Cost Accounting Standards Board Regulations to 
Educational Institutions (FAR Case 95-002)

    This final rule amends FAR Parts 1, 30, 42, and 52 to implement 
changes made to the Cost Accounting Standards. The Office of Federal 
Procurement Policy, Cost Accounting Standards Board (CASB), has amended 
the regulatory provisions contained in Chapter 99 of Title 48 of the 
Code of Federal Regulations (FAR Appendix B). The amendments apply to 
educational institutions receiving a negotiated Federal contract or 
subcontract award in excess of $500,000 (excluding contracts awarded 
for the operation of Federally Funded Research and Development Centers 
(FFRDCs) which are already subject to CASB regulations) and require 
that such educational institutions comply with certain specified CASB 
rules, regulations, and Cost Accounting Standards. The amendments to 
the CASB regulations became effective on January 9, 1995. (The entire 
FAR Appendix B will be issued in the loose-leaf pages of FAC 90-38.)

Item III--Assignment of Claims-Presidential Delegation (FAR Case 94-
767)

    This final rule amends FAR Subpart 32.8 to reflect the Presidential 
delegation of authority to make determinations of need for contractual 
no-setoff commitments, and to provide guidance for determinations of 
need made in accordance with the Presidential delegation dated October 
3, 1995.

Item IV--Interest Clause Revisions (FAR Case 92-045)

    This final rule amends FAR Subpart 32.6 and the clause at 52.232-17 
to clarify that certain cost accounting standards clauses provide for 
the use of differing interest rates under differing circumstances.

    Dated: April 18, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

Federal Acquisition Circular

Number 90-38
    Federal Acquisition Circular (FAC) 90-38 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and Space 
Administration.
    FAR Cases 94-723 and 95-002 are effective April 29, 1996; and FAR 
Cases 94-767 and 92-045 are effective June 28, 1996.


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    Dated: April 17, 1996.
Eleanor R. Spector,
Director, Defense Procurement.

    Dated: April 16, 1996.
Ida M. Ustad,
Deputy Associate Administrator, Office of Acquisition Policy, GSA.

    Dated: April 18, 1996.
Deidre A. Lee,
Associate Administrator for Procurement, National Aeronautics and Space 
Administration.
[FR Doc. 96-10427 Filed 4-26-96; 8:45 am]
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