[Federal Register Volume 65, Number 156 (Friday, August 11, 2000)]
[Rules and Regulations]
[Pages 49205-49206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20409]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1830
Cost Accounting Standards Waivers
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Interim rule.
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SUMMARY: This interim rule amends the NASA FAR Supplement (NFS) by
identifying who within NASA has the authority to approve Cost
Accounting Standards waivers.
DATES: Effective date: August 11, 2000.
Comment Date: Comments should be submitted to NASA at the address below
on or before October 10, 2000.
ADDRESSES: Interested parties should submit written comments to Joseph
Le Cren, NASA Headquarters Office of Procurement, Contract Management
Division (Code HK), Washington, DC 20546. Comments also may be
submitted by e-mail to [email protected].
FOR FURTHER INFORMATION CONTACT: Joseph Le Cren, (202) 358-0444.
SUPPLEMENTARY INFORMATION:
A. Background
A Federal Acquisition Regulation (FAR) interim rule was published
in the June 6, 2000, Federal Register (65 FR 36028-36030) on the
applicability, thresholds, and waiver of Cost Accounting Standards
(CAS). The FAR rule reflects changes resulting from the National
Defense Authorization Act for Fiscal Year 2000 (Pub. Law 106-65). One
of the changes in the interim rule deals with CAS waivers. The rule
provides for agency CAS waiver authority when there are contracts or
subcontracts with a value of less than $15 million, when the segment
performing the contract or subcontract is primarily engaged in the sale
of commercial items and would not otherwise be subject to cost
accounting standards, or under exceptional circumstances when necessary
to meet the needs of the agency. The interim rule authorizes the Heads
of Executive Agencies to approve CAS waivers. The rule also allows for
this authority to be delegated but not to an official below the senior
policymaking level in the agency. NASA has chosen to delegate the
authority to approve CAS waivers to the Associate Administrator for
Procurement.
B. Regulatory Flexibility Act
NASA certifies that this interim rule will not have a significant
economic impact on a substantial number of small business entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because
contracts and subcontracts with small businesses are exempt from all
CAS requirements in accordance with 48 CFR 9903.201-1(b)(3). However,
comments from small entities
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concerning the affected NFS subpart 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.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the NFS do not impose recordkeeping or information collection
requirements, or collection 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.
D. Determination To Issue an Interim Rule
In accordance with 41 U.S.C. 418(d), NASA has determined that
urgent and compelling reasons exist to promulgate this interim rule.
This action is necessary because this interim rule implements Section
802 of the National Defense Authorization Act for Fiscal Year 2000
(Pub. L. 106-65) and the FAR interim rule. Section 802 became effective
180 days after the date of enactment of Public Law 105-65 (October 5,
1999). The FAR interim rule that implements Section 802 became
effective June 6, 2000. It is necessary that NASA publish an interim
rule to amend NFS Part 1830 to implement the FAR interim rule. Public
comments received in response to this interim rule will be considered
in the formation of the final rule.
List of Subjects in 48 CFR Part 1830
Government procurement.
Tom Luedtke,
Associate Administrator for Procurement.
Accordingly, 48 CFR Part 1830 is amended as follows:
1. The authority citation for 48 CFR Part 1830 continues to read as
follows:
Authority: 42 U.S.C. 2473 (c)(1).
PART 1830--COST ACCOUNTING STANDARDS
2. Revise the title to Part 1830--Cost Accounting Standards to read
as follows:
PART 1830--COST ACCOUNTING STANDARDS ADMINISTRATION
3. Revise section 1830.201-5 to read as follows:
1830.201-5 Waiver. (NASA supplements paragraphs (a) and (e).)
(a)(2) The Associate Administrator for Procurement is the only
individual authorized to approve CAS waivers. Requests for waivers that
meet the conditions in FAR 30.201-5(b) must be submitted to the
Headquarters Office of Procurement (Code HK) at least 30 days before
the anticipated contract award date.
(e) The Associate Administrator for Procurement will submit NASA's
report to the CAS Board.
[FR Doc. 00-20409 Filed 8-10-00; 8:45 am]
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