Federal Acquisition Regulation; Clarify Increased Cost or Pricing Data Threshold

DEPARTMENT OF DEFENSE

48 CFR Part 15

[FAC 90-20; FAR Case 91-96; Item VI]

RIN 9000-AF24

Federal Acquisition Regulation; Clarify Increased Cost or Pricing

Data Threshold

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

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

action: Interim rule adopted as final.

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summary: The Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council have agreed on a final rule revising

the Federal Acquisition Regulation (FAR) to clarify application of the

$500,000 threshold for submission of certified cost or pricing data for

contracts awarded by the Department of Defense, the National

Aeronautics and Space Administration, and the Coast Guard.

dates: Effective Date: March 10, 1994.

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 90-20, FAR case 91-96.

supplementary information:

A. Background

Section 804 of the FY 92 Defense Authorization Act, amended 10

U.S.C. 2306a(a)(1) to specify that the $500,000 threshold for DOD,

Coast Guard, and NASA, also applies to subcontracts entered into after

December 5, 1991, under prime contracts entered into on or before

December 5, 1990, if the prime contract is modified to incorporate the

$500,000 threshold. It also specifies that the $500,000 threshold

applies to changes or modifications made after December 5, 1991, when

the prime contract is modified to incorporate the $500,000 threshold.

An interim rule was published in the Federal Register at 57 FR

60570, December 21, 1992. This final rule makes no changes to the

interim rule as a result of analysis of public 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 entities are

awarded on a competitive basis and the requirements for certified cost

or pricing data do not apply. No comments were received on the impact

of this rule on small entities during the public comment period.

C. Paperwork Reduction Act

The Paperwork Reduction Act (Pub. L. 96-511) applies. This rule

clarifies a rule previously promulgated under FAR Case 91-53, Increase

in Cost or Pricing Data Threshold. A request for approval of a revision

to reduce the burden of a currently approved information collection

requirement concerning Increase in Cost or Pricing Data Threshold was

submitted to the Office of Management and Budget (OMB) and approved

under OMB control number 9000-0013.

List of Subjects in 48 CFR Part 15

Government procurement.

Dated: February 15, 1994.

Albert A. Vicchiolla,

Director, Office of Federal Acquisition Policy.

Interim Rule Adopted as Final Without Change

Accordingly, the interim rule amending 48 CFR part 15 which was

published at 57 FR 60570 on December 21, 1992, is hereby adopted as a

final rule without change.

Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42

U.S.C. 2473(c).

[FR Doc. 94-4387 Filed 3-9-94; 8:45 am]

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