[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)] [Rules and Regulations] [Page 31665] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-14547] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE 48 CFR Part 52 [FAC 90-39; FAR Case 92-001; Item XXXII] RIN 9000-AG94 Federal Acquisition Regulation; Inspection Clauses--Fixed Price 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 a final rule to clarify certain Federal Acquisition Regulation (FAR) Inspection clauses pertaining to quality assurance by replacing the words ``without additional charge'' with the words ``at no increase in contract price.'' 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
Ms. Linda Klein at (202) 501-3775 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 90-39, FAR case 92-001.
Supplementary Information
A. Background
An amendment to FAR 52.246-4 published in Federal Acquisition Circular 90-09 as FAR case 90-58 (see 56 FR 67135, December 27, 1991), included the addition of the phrase ``without additional charge'' in paragraph (d). A comment was received questioning the phrase ``without additional charge.'' As a result, this final rule replaces the phrase ``without additional charge'' with the phrase ``at no increase in contract price'' in certain FAR Inspection clauses for clarity.
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 92-001), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because these final 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 OMB under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 52
Government procurement.
Dated: June 4, 1996. Edward C. Loeb, Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Part 52 is amended as set forth below:
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1. The authority citation for 48 CFR Part 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).
Sec. 52.246-2, 52.246-4, 52.246-7, 52.246-12, and 52.246-13 [Amended]
2. The clause dates in sections 52.246-2, 52.246-4, 52.246-7, 52.246-12, and 52.246-13 are revised to read ``(AUG 1996)''; and sections 52.246-2(d), 52.246-4(d), 52.246-7(c), and 52.246-12(e) are amended by removing the words ``without additional charge'' and inserting ``at no increase in contract price'' in their place; and section 52.246-13(a) is amended by removing the words promptly and without additional charge'' and inserting ``promptly, and at no increase in contract price'' in its place.
[FR Doc. 96-14547 Filed 6-19-96; 8:45 am] BILLING CODE 6820-EP-P