[Federal Register: June 6, 2000 (Volume 65, Number 109)]
[Rules and Regulations]
[Page 36034-36035]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn00-34]
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DEPARTMENT OF DEFENSE
48 CFR Part 230
[DFARS Case 2000-D012]
Defense Federal Acquisition Regulation Supplement; Waiver of Cost
Accounting Standards
AGENCY: Department of Defense (DoD).
ACTION: Final rule
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SUMMARY: The Acting Director of Defense Procurement has issued a final
rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to add text pertaining to agency waiver of Cost Accounting
Standards (CAS) requirements. This rule supplements a Federal
Acquisition Regulation (FAR) rule on this subject that appears
elsewhere in this issue of the Federal Register.
EFFECTIVE DATE: June 6, 2000.
FOR FURTHER INFORMATION CONTACT: Ms. Sandra Haberlin, Defense
Acquisition Regulations Council, OUSD (AT&L) DP (DAR), IMD 3D139, 3062
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0289;
telefax (703) 602-0350. Please cite DFARS Case 2000-D012.
SUPPLEMENTARY INFORMATION:
A. Background
Section 802 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65) amended 41 U.S.C. 422(f) to permit the
head of an executive agency to waive the applicability of CAS under
certain conditions. To implement Section 802, the CAS Board published
an interim rule at 65 FR 5990 on February 7, 2000. The CAS Board's
rule, Applicability, Thresholds, and Waiver of Cost Accounting
Standards Coverage, amended the regulations at 48 CFR 9903, including
Sec. 9903.201-5, Waiver.
An interim rule amending the FAR Under Case Number 2000-301,
Applicability, Thresholds, and Waiver of Cost Accounting Standards
Coverage, appears elsewhere in this issue of the Federal Register to
implement Section 802 and the CAS Board's interim rule. This DFARS rule
supplements the FAR rule by--
1. Providing DoD procedures for processing CAS waivers;
2. Clarifying which DoD components may grant CAS waivers at what
level of authority; and
3. Providing DoD procedures for submission of annual CAS waiver
reports to the CAS Board.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
This final rule does not constitute a significant revision within
the meaning of FAR 1.501 and Public Law 98-577 and publication for
public comment is not required. However, DoD will consider comments
from small entities concerning the affected DFARS subpart in accordance
with 5 U.S.C. 610. Such comments should cite DFARS Case 2000-D012.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does
not impose any information collection requirements that 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 230
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR part 230 is amended as follows:
1. The authority citation for 48 CFR part 230 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 230--COST ACCOUNTING STANDARDS ADMINISTRATION
2. Subpart 230.2 is added to read as follows:
[[Page 36035]]
Subpart 230.2--CAS Program Requirements
Sec.
230.201-5 Waiver.
230.201-5 Waiver.
(a)(1)(A) The military departments--
(1) May grant CAS waivers that meet the conditions in FAR 30.201-
5(b); and
(2) Unless otherwise authorized by the Director of Defense
Procurement, Office of the Under Secretary of Defense (Acquisition,
Technology, and Logistics), must submit each CAS waiver request to the
Director of Defense Procurement for review at least 14 days before
granting the waiver.
(B) DoD contracting activities that are not within a military
department must submit CAS waiver requests that meet the conditions in
FAR 30.201-5(b) to the Director of Defense Procurement for approval at
least 30 days before the anticipated contract award date.
(2) The military departments must not delegate CAS waiver authority
below the individual responsible for issuing contracting policy for the
department.
(e)(i) by November 15th of each year, the military departments must
provide a report of all waivers granted under FAR 30.201-5(a) during
the previous fiscal year to the Director of Defense Procurement.
(ii) The Director of Defense Procurement will submit a consolidated
DoD report to the CAS Board.
[FR Doc. 00-13828 Filed 6-5-00; 8:45 am]
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