Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations 31621

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: June 20, 1996.

FOR FURTHER INFORMATION CONTACT: Mr.

Jeremy F. 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 90–39, FAR case 95–

027.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends FAR 15.805–

1 to replace the Armed Services Pricing

Manual, as the reference guide for

pricing and negotiation personnel, with

five desk references jointly prepared by

the Air Force Institute of Technology

and the Federal Acquisition Institute.

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 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–

39, FAR case 95–027), 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: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Part 15 is amended

as set forth below:

1. The authority citation for 48 CFR

Part 15 continues to read as follows:

PART 15—CONTRACTING BY

NEGOTIATION

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

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

2. Section 15.805–1 is amended by

revising paragraph (d) to read as

follows:

15.805–1 General.

* * * * *

(d) The Air Force Institute of

Technology (AFIT) and the Federal

Acquisition Institute (FAI) jointly

prepared a series of five desk references

to guide pricing and negotiation

personnel. The five desk references are:

Price Analysis, Cost Analysis,

Quantitative Techniques for Contract

Pricing, Advanced Issues in Contract

Pricing, and Federal Contract

Negotiation Techniques. The references

provide detailed discussion and

examples applying pricing policies to

pricing problems. They are to be used

for instruction and professional

guidance. However, they are not

directive and should be considered

informational only. Copies of the desk

references are available on CD–ROM

which also contains the FAR, the

FIRMR, the FTR and various other

regulatory and training materials. The

CD–ROM may be purchased by annual

subscription (updated quarterly), or

individually (reference ‘‘List ID

GSAFF,’’ Stock No. 722–009–0000–2).

The individual CD–ROMs or

subscription to the CD–ROM may be

purchased from the Superintendent of

Documents, U.S. Government Printing

Office, by telephone (202) 512–1800 or

facsimile (202) 512–2550, or by mail

order from the Superintendent of

Documents, P.O. Box 371954,

Pittsburgh, PA 15250–7954. Free copies

of the desk references are available on

the World Wide Web, Internet address:

http://www.gsa.gov/staff/v/training.htm

[FR Doc. 96–14521 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Parts 16, 42, and 52

[FAC 90–39; FAR Case 94–011; Item VII]

RIN 9000–AG92

Federal Acquisition Regulation;

Predetermined Indirect Cost Rates

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

implement revisions to OMB Circular

A–21 that permit predetermined

indirect cost rates for educational

institutions to be established for periods

of up to four years. 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 19, 1996.

FOR FURTHER INFORMATION CONTACT: Mr.

Ralph De Stefano at (202) 501–1758 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 90–39, FAR case 94–

011.

SUPPLEMENTARY INFORMATION:

A. Background

On July 26, 1993, the Office of

Management and Budget published

revisions to OMB Circular A–21 (58 FR

39996) which include an increase in the

period of time for which predetermined

indirect cost rates for educational

institutions may be applicable. The FAR

is amended to permit use of

predetermined indirect cost rates for

educational institutions for periods of

up to four years, in accordance with

OMB circular A–21.

B. Regulatory Flexibility Act

This 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

comment is not required. Therefore, the

Regulatory Flexibility Act does not

apply. 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 cite 5 U.S.C. 601, et seq. (FAC 90–

39, FAR case 94–011), in

correspondence.

C. Paperwork Reduction Act

The final rule does not impose any

additional information collection

requirements which require the

approval of the Office of Management

and Budget under 44 U.S.C. 3501, et

seq. However, a request for approval of

an extension of the existing information

collection requirement concerning

9000–0069, Indirect Cost Rates, is being

submitted to the Office of Management

and Budget under 44 U.S.C. 3501, et

seq.

List of Subjects in 48 CFR Parts 16, 42,

and 52

Government procurement.
31622 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Parts 16, 42, and 52

are amended as set forth below:

1. The authority citation for 48 CFR

Parts 16, 42, 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 16—TYPES OF CONTRACTS

2. Section 16.307 is amended by

adding a sentence to the end of

paragraph (i) to read as follows:

16.307 Contract clauses.

* * * * *

(i) * * * If the contract is a facilities

contract, modify paragraph (c) by

deleting the words ‘‘Subpart 31.1’’ and

substituting for them ‘‘section 31.106.’’

PART 42—CONTRACT

ADMINISTRATION

3. Section 42.705–3 is amended by

revising paragraphs (b)(4)(i) and (b)(6) to

read as follows:

42.705–3 Educational institutions.

* * * * *

(b) * * *

(4)(i) If predetermined rates are to be

used and no rates have been previously

established for the institution’s current

fiscal year, the agency shall obtain from

the institution a proposal for

predetermined rates.

* * * * *

(6) Predetermined indirect cost rates

shall be applicable for a period of not

more than four years. The agency shall

obtain the contractor’s proposal for new

predetermined rates sufficiently in

advance so that the new rates, based on

current data, may be promptly

negotiated near the beginning of the

new fiscal year or other period agreed to

by the parties (see paragraphs (b) and (d)

of the clause at 52.216–15,

Predetermined Indirect Cost Rates).

* * * * *

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

4. Section 52.216–15 is amended by

revising the introductory text and date

of the clause; in the first sentence of

paragraph (b) by removing the comma

after the word ‘‘year’’ and adding ‘‘(or

other period specified in the

Schedule),’’; in the second sentence by

revising the word ‘‘rate’’ to read ‘‘rates’’

and removing the period at the end of

the sentence and inserting in its place

‘‘or other period specified in the

Schedule.’’; in the third sentence by

revising the word ‘‘Negotiations’’ to read

‘‘Negotiation’’; revising paragraph (d)(3);

and in paragraph (g) by inserting after

the word ‘‘year’’ the parenthetical ‘‘(or

other period specified in the

Schedule)’’. The revised text read as

follows:

52.216–15 Predetermined Indirect Cost

Rates.

As prescribed in 16.307(i), insert the

following clause:

PREDETERMINED INDIRECT COST RATES

(AUG 1996)

* * * * *

(d) * * *

(3) the period for which the rates apply,

and

* * * * *

[FR Doc. 96–14522 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Part 19

[FAC 90–39; FAR Case 94–600; Item VIII]

Federal Acquisition Regulation; Small

Business Size Standards

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.

SUMMARY: Amendments in this

document will bring the Federal

Acquisition Regulation into

conformance with revised small

business size standards published by

the Small Business Administration

(SBA). 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: June 20, 1996.

FOR FURTHER INFORMATION CONTACT: Ms.

Linda Klein at (202) 501–3775. For

general information, contact the FAR

Secretariat, Room 4037, GS Building,

Washington, DC 20405, (202) 501–4755.

Please cite FAC 90–39 (FAR case 94–

600).

SUPPLEMENTARY INFORMATION:

A. Background

SBA has revised its size standards

regulations at 13 CFR Part 121 (61 FR

3280, January 31, 1996), effective March

1, 1996. Corrections were published (61

FR 6412, February 20, 1996; 61 FR 7306,

February 27, 1996; and 61 FR 7986,

March 1, 1996). As a result, the table of

Size Standards shown in the FAR at

19.102 has been revised to reflect the

changes made by SBA through March

1996.

SBA currently has two size standards

publications available via the Internet

on SBA ONLINE. They are the table of

Size Standards, which currently

appears in the FAR, and a copy of 13

CFR 121, the Size Regulations,

published in the Federal Register on

January 31, 1996.

B. Regulatory Flexibility Act

These changes derive directly from

SBAs regulations, without substantive

change. Therefore, 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. 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 90–39, FAR case 94–

600), 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 19

Government procurement.

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Part 19 is amended

as set forth below:

PART 19—SMALL BUSINESS

PROGRAMS

1. The authority citation for 48 CFR

Part 19 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 19.102 is amended by

revising the table consisting of industry

size standards and revising the footnotes

to read as follows:

19.102 Size standards.

* * * * *