Federal Acquisition Regulation; Advance Payment Reporting

DEPARTMENT OF DEFENSE

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 32

[FAC 90-23; FAR Case 93-309; Item XXIII]

RIN 9000-AG12

Federal Acquisition Regulation; Advance Payment Reporting

AGENCIES: Department of Defense (DOD), General Services Administration

(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council have agreed on an amendment to the

Federal Acquisition Regulation (FAR) to remove an obsolete reporting

requirement associated with advance payments under 10 U.S.C. 2307. This

regulatory action was not subject to Office of Management and Budget

review under Executive Order 12866, dated September 30, 1993.

EFFECTIVE DATE: February 27, 1995.

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 4035, GS Building, Washington, DC 20405 (202) 501-

4755. Please cite FAC 90-23, FAR case 93-309 in correspondence.

SUPPLEMENTARY INFORMATION:

A. Background

FAR 50.203(b)(4) currently requires advance notice to Congress and

a subsequent 60-day waiting period prior to obligating the Government

under Public Law 85-804 for an amount in excess of $25 million. The

advance notice to Congress requirement currently is imposed on advance

payments under 10 U.S.C. 2307, by reference in FAR 32.402(a) to the

requirement in 50.203(b)(4). Section 1322(a)(4) of the 1991 Defense

Authorization Act (Public Law 101-510) deleted 10 U.S.C. 2307(d), which

had contained the notification and waiting period requirements for

advance payments made under the authority of 10 U.S.C. 2307. FAR

32.402(a) has been revised to delete the second sentence concerning the

limitation on advance payments prescribed at 50.203(b)(4).

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 90-23, FAR case 93-309), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the final rule

does 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 32

Government procurement.

Dated: December 7, 1994.

Albert A. Vicchiolla,

Director,Office of Federal Acquisition Policy.

Therefore, 48 CFR part 32 is amended as set forth below:

PART 32--CONTRACT FINANCING

1. The authority citation for 48 CFR part 32 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).

32.402 [Amended]

2. Section 32.402(a) is amended by removing the second sentence.

[FR Doc. 94-30646 Filed 12-27-94; 8:45 am]

BILLING CODE 6820-34-P