[Federal Register: June 14, 2007 (Volume 72, Number 114)]
[Rules and Regulations]
[Page 32809-32813]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jn07-13]
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OFFICE OF MANAGEMENT AND BUDGET
Office of Federal Procurement Policy
48 CFR Parts 9901 and 9903
Cost Accounting Standards Board (CAS) Changes to Acquisition
Thresholds
AGENCY: Cost Accounting Standards Board, Office of Federal Procurement
Policy, OMB.
ACTION: Final rule.
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SUMMARY: The Office of Federal Procurement Policy, Cost Accounting
Standards (CAS) Board, is revising the threshold for the application of
CAS to negotiated Government contracts. This rulemaking is authorized
pursuant to Section 26 of the Office of Federal Procurement Policy Act.
The Board is taking final action on this topic in order to adjust the
CAS applicability threshold in accordance with Section 822 of the 2006
National Defense Authorization Act (Pub. L. 109-163). Section 822
amended 41 U.S.C. 422(f)(2)(A) to require that the threshold for CAS
applicability be the same as the threshold for compliance with the
Truth in Negotiations Act (TINA).
DATES: This final rule is effective June 14, 2007.
FOR FURTHER INFORMATION CONTACT: Laura Auletta, Manager, Cost
Accounting Standards Board, 725 17th Street, NW., Room 9013,
Washington, DC 20503 (telephone: 202-395-3256).
SUPPLEMENTARY INFORMATION:
A. Background
On December 15, 2005, the CAS Board issued a proposed rule with
request for comment (70 FR 73423) for the purpose of implementing Sec.
807 of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005, Pub. L. 108-375, ``Inflation Adjustment of
Acquisition-Related Dollar Thresholds.'' Section 807 of Pub. L. 108-375
requires the periodic adjustment of acquisition-related thresholds
contained in statutes that were in effect on October 1, 2000, with
certain exceptions. The Federal Acquisition Regulation (FAR) Council is
authorized to adjust these thresholds based on increases in the
Consumer Price Index for all-urban consumers (CPI) and as prescribed in
the Public Law.
Based on further review, the Board has determined that its
thresholds are not subject to the provisions of Section 807 of the Pub.
L 108-375 because these thresholds are not ``acquisition related,'' as
defined by Section 807. Therefore, this final rule does not adjust the
CAS thresholds to reflect the provisions of Section 807.
However, subsequent to the issuance of the CAS Board's proposed
rule, Section 822 of the 2006 National Defense Authorization Act (Pub.
L. 109-163) amended 41 U.S.C. 422(f)(2)(A) to require that the
threshold for CAS applicability be the same as the threshold for
compliance with the Truth in Negotiations Act (TINA). The TINA
threshold is currently $650,000 (71 FR 57363). Accordingly, the Board
is increasing the CAS applicability threshold to $650,000 to comply
with Public Law 109-163.
B. Public Comments
The Board received three sets of public comments in response to the
proposed rule.
1. PL 108-375 Does Not Require Threshold Adjustments
Comment: Two commenters opined that Section 807 of Public Law 108-
375 does not apply to statutory thresholds in the Board's rules,
regulations and standards. These commenters asserted that the law
applies only to acquisition-related statutory dollar thresholds
contained in the FAR. Thus, the Board is not required to adjust its
statutory thresholds in response to Pub. L. 108-375.
Response: After further review of this issue, the Board agrees that
Section 807 does not apply to the CAS thresholds. Section 807 of Public
Law 108-375 requires the Federal Acquisition Regulatory Council to
adjust each ``acquisition-related dollar threshold.'' Section 807
defines an acquisition-related dollar threshold as ``a dollar threshold
that is specified in law as a factor in defining the scope of the
applicability of a policy, procedure, requirement, or restriction
provided in that law to the procurement of property or services by an
executive agency, as determined by the Federal Acquisition Regulatory
Council.'' The scope and applicability of the CAS is within the sole
purview of the CAS Board. The Federal Acquisition Regulatory Council
does not determine the scope or applicability of the Cost Accounting
Standards. Therefore, for purposes of applying Section 807, the
thresholds in the CAS do not meet the definition of an ``acquisition
threshold.'' Thus, the requirements of Public Law 108-375 do not apply
to the CAS thresholds. However, the Board is issuing a final rule to
adjust the CAS applicability threshold required by Public Law 109-163.
2. Consistency Between CAS Applicability and TINA Thresholds
Comment: One commenter recommended that the CAS applicability
threshold be modified to adopt the Truth in Negotiations Act (TINA)
threshold for requiring cost or pricing data (FAR 15.403-4) since it
will be very difficult to administer the impact of CAS issues
associated with such contracts.
Response: As previously noted, shortly after the publication of the
proposed rule, 41 U.S.C. 422(f)(2)(A)
[[Page 32810]]
was amended to require that the CAS applicability threshold be equal to
the TINA threshold. Accordingly, this final rule adjusts the CAS
applicability threshold to $650,000, which is the current TINA
threshold.
3. Advisability of Adjusting CAS Thresholds
Comment: One commenter asserted that the proposed threshold
adjustments represent bad public policy and that previous increases in
these thresholds have been ``simply astounding, and far in excess of
any inflationary increases, no matter how measured.''
Response: Consistent with the intent of the proposed rule, the
final rule includes only those adjustments of the CAS applicability
threshold that are statutorily required. As such, the Board does not
believe the commenter's assertion regarding the adjustments in the
final rule has any merit.
4. Failure To Track CAS Thresholds to Inflation Expands CAS
Applicability Beyond Its Original Intent
Comment: One commenter recommended that the Board independently
review its thresholds to determine whether ``economic factors have
caused more contractors to have become subject to CAS coverage'' and
``consider if there are now contractors covered in 2006 that the Board
did not intend to cover in 1992.''
Response: The purpose of the proposed and final rules was to adjust
the CAS thresholds to reflect statutory requirements. As such, the
Board is confining the adjustment of CAS thresholds in this final rule
to those adjustments required by statute. The Board will consider the
commenter's recommendation to review the other CAS thresholds when
formulating its agenda for future actions.
C. Paperwork Reduction Act
The Paperwork Reduction Act, Public Law 96-511, does not apply to
this rulemaking, because this rule imposes no paperwork burden on
offerors, affected contractors and subcontractors, or members of the
public which requires the approval of OMB under 44 U.S.C. 3501, et seq.
D. Executive Order 12866 and the Regulatory Flexibility Act
The Board certifies that this rule will not have a significant
effect on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because small
businesses are exempt from the application of the Cost Accounting
Standards.
List of Subjects in 48 CFR Part 9903
Accounting, Government procurement.
Paul A. Denett,
Administrator, Office of Federal Procurement Policy.
0
For the reasons set forth in this preamble, Chapter 99 of Title 48 of
the Code of Federal Regulations is amended as set forth below:
PART 9901--RULES AND PROCEDURES
0
1. The authority citation for part 9901 continues to read as follows:
Authority: Pub. L. 100-679, 102 Stat. 4056, 41 U.S.C. 422.
0
2. Revise section 9901.306 to read as follows:
9901.306 Standards applicability.
Cost Accounting Standards promulgated by the Board shall be
mandatory for use by all executive agencies and by contractors and
subcontractors in estimating, accumulating, and reporting costs in
connection with pricing and administration of, and settlement of
disputes concerning, all negotiated prime contract and subcontract
procurements with the United States Government in excess of $650,000,
other than contracts or subcontracts that have been exempted by the
Board's regulations.
PART 9903--CONTRACT COVERAGE
0
3. The authority citation for part 9903 continues to read as follows:
Authority: Pub. L. 100-679, 102 Stat. 4056, 41 U.S.C. 422.
Subpart 9903.2--CAS Program Requirements
0
4. Section 9903.201-1 is amended by revising paragraph (b)(2) to read
as follows:
9903.201-1 CAS applicability.
* * * * *
(b) * * *
(2) Negotiated contracts and subcontracts not in excess of
$650,000. For purposes of this paragraph (b)(2) an order issued by one
segment to another segment shall be treated as a subcontract.
* * * * *
0
5. Section 9903.201-2 is amended by revising paragraphs (c)(3) and
(c)(5) to read as follows:
9903.201-2 Types of CAS coverage.
(c) * * *
(3) Applicable standards. Coverage for educational institutions
requires that the business unit comply with all of the CAS specified in
part 9905 that are in effect on the date of the contract award and with
any CAS that become applicable because of later award of a CAS-covered
contract. This coverage applies to business units that receive
negotiated contracts in excess of $650,000, except for CAS-covered
contracts awarded to FFRDCs operated by an educational institution.
* * * * *
(5) Contract clauses. The contract clause at 9903.201-4(e) shall be
incorporated in each negotiated contract and subcontract awarded to an
educational institution when the negotiated contract or subcontract
price exceeds $650,000. For CAS-covered contracts awarded to an FFRDC
operated by an educational institution, however, the full or modified
CAS contract clause specified at 9903.201-4(a) or (c), as applicable,
shall be incorporated.
* * * * *
0
6. Section 9903.201-3 is amended by revising the provision heading and
by revising paragraph (a) in Part I of the provision to read as
follows:
9903.201-3 Solicitation provisions.
* * * * *
Cost Accounting Standards Notices and Certification (June 2007)
* * * * *
I. Disclosure Statement--Cost Accounting Practices and
Certification
(a) Any contract in excess of $650,000 resulting from this
solicitation, except for those contracts which are exempt as
specified in 9903.201-1.
* * * * *
0
7. Section 9903.201-4 is revised to read as follows:
9903.201-4 Contract clauses.
(a) Cost Accounting Standards. (1) The contracting officer shall
insert the clause set forth below, Cost Accounting Standards, in
negotiated contracts, unless the contract is exempted (see 9903.201-1),
the contract is subject to modified coverage (see 9903.201-2), or the
clause prescribed in paragraph (e) of this section is used.
(2) The clause below requires the contractor to comply with all CAS
specified in part 9904, to disclose actual cost accounting practices
(applicable to CAS-covered contracts only), and to follow disclosed and
established cost accounting practices consistently.
Cost Accounting Standards (June 2007)
(a) Unless the contract is exempt under 9903.201-1 and 9903.201-
2, the provisions
[[Page 32811]]
of 9903 are incorporated herein by reference and the Contractor in
connection with this contract, shall--
(1) (CAS-covered Contracts Only) By submission of a Disclosure
Statement, disclosed in writing the Contractor's cost accounting
practices as required by 9903.202-1 through 9903.202-5 including
methods of distinguishing direct costs from indirect costs and the
basis used for allocating indirect costs. The practices disclosed
for this contract shall be the same as the practices currently
disclosed and applied on all other contracts and subcontracts being
performed by the Contractor and which contain a Cost Accounting
Standards (CAS) clause. If the Contractor has notified the
Contracting Officer that the Disclosure Statement contains trade
secrets, and commercial or financial information which is privileged
and confidential, the Disclosure Statement shall be protected and
shall not be released outside of the Government.
(2) Follow consistently the Contractor's cost accounting
practices in accumulating and reporting contract performance cost
data concerning this contract. If any change in cost accounting
practices is made for the purposes of any contract or subcontract
subject to CAS requirements, the change must be applied
prospectively to this contract and the Disclosure Statement must be
amended accordingly. If the contract price or cost allowance of this
contract is affected by such changes, adjustment shall be made in
accordance with subparagraph (a)(4) or (a)(5) of this clause, as
appropriate.
(3) Comply with all CAS, including any modifications and
interpretations indicated thereto contained in part 9904, in effect
on the date of award of this contract or, if the Contractor has
submitted cost or pricing data, on the date of final agreement on
price as shown on the Contractor's signed certificate of current
cost or pricing data. The Contractor shall also comply with any CAS
(or modifications to CAS) which hereafter become applicable to a
contract or subcontract of the Contractor. Such compliance shall be
required prospectively from the date of applicability of such
contract or subcontract.
(4)(i) Agree to an equitable adjustment as provided in the
Changes clause of this contract if the contract cost is affected by
a change which, pursuant to subparagraph (a)(3) of this clause, the
Contractor is required to make to the Contractor's established cost
accounting practices.
(ii) Negotiate with the Contracting Officer to determine the
terms and conditions under which a change may be made to a cost
accounting practice, other than a change made under other provisions
of subparagraph (a)(4) of this clause; provided that no agreement
may be made under this provision that will increase costs paid by
the United States.
(iii) When the parties agree to a change to a cost accounting
practice, other than a change under subdivision (a)(4)(i) of this
clause, negotiate an equitable adjustment as provided in the Changes
clause of this contract.
(5) Agree to an adjustment of the contract price or cost
allowance, as appropriate, if the Contractor or a subcontractor
fails to comply with an applicable Cost Accounting Standard, or to
follow any cost accounting practice consistently and such failure
results in any increased costs paid by the United States. Such
adjustment shall provide for recovery of the increased costs to the
United States, together with interest thereon computed at the annual
rate established under section 6621(a)(2) of the Internal Revenue
Code of 1986 (26 U.S.C. 6621(a)(2)) for such period, from the time
the payment by the United States was made to the time the adjustment
is effected. In no case shall the Government recover costs greater
than the increased cost to the Government, in the aggregate, on the
relevant contracts subject to the price adjustment, unless the
Contractor made a change in its cost accounting practices of which
it was aware or should have been aware at the time of price
negotiations and which it failed to disclose to the Government.
(b) If the parties fail to agree whether the Contractor or a
subcontractor has complied with an applicable CAS in part 9904 or a
CAS rule or regulation in part 9903 and as to any cost adjustment
demanded by the United States, such failure to agree will constitute
a dispute under the Contract Disputes Act (41 U.S.C. 601).
(c) The Contractor shall permit any authorized representatives
of the Government to examine and make copies of any documents,
papers, or records relating to compliance with the requirements of
this clause.
(d) The Contractor shall include in all negotiated subcontracts
which the Contractor enters into, the substance of this clause,
except paragraph (b), and shall require such inclusion in all other
subcontracts, of any tier, including the obligation to comply with
all CAS in effect on the subcontractor's award date or if the
subcontractor has submitted cost or pricing data, on the date of
final agreement on price as shown on the subcontractor's signed
Certificate of Current Cost or Pricing Data. If the subcontract is
awarded to a business unit which pursuant to 9903.201-2 is subject
to other types of CAS coverage, the substance of the applicable
clause set forth in 9903.201-4 shall be inserted. This requirement
shall apply only to negotiated subcontracts in excess of $650,000,
except that the requirement shall not apply to negotiated
subcontracts otherwise exempt from the requirement to include a CAS
clause as specified in 9903.201-1.
(End of Clause)
(b) [Reserved]
(c) Disclosure and Consistency of Cost Accounting Practices. (1)
The Contracting Officer shall insert the clause set forth below,
Disclosure and Consistency of Cost Accounting Practices, in negotiated
contracts when the contract amount is over $650,000 but less than $50
million, and the offeror certifies it is eligible for and elects to use
modified CAS coverage (see 9903.201-2, unless the clause prescribed in
paragraph (d) of this subsection is used).
(2) The clause below requires the Contractor to comply with CAS
9904.401, 9904.402, 9904.405, and 9904.406, to disclose (if it meets
certain requirements) actual cost accounting practices, and to follow
consistently disclosed and established cost accounting practices.
Disclosure and Consistency of Cost Accounting Practices (June 2007)
(a) The Contractor, in connection with this contract, shall--
(1) Comply with the requirements of 9904.401, Consistency in
Estimating, Accumulating, and Reporting Costs; 9904.402, Consistency
in Allocating Costs Incurred for the Same Purpose; 9904.405,
Accounting for Unallowable Costs; and 9904.406, Cost Accounting
Standard--Cost Accounting Period, in effect on the date of award of
this contract, as indicated in part 9904.
(2) (CAS-covered Contracts Only) If it is a business unit of a
company required to submit a Disclosure Statement, disclose in
writing its cost accounting practices as required by 9903.202-1
through 9903.202-5. If the Contractor has notified the Contracting
Officer that the Disclosure Statement contains trade secrets and
commercial or financial information which is privileged and
confidential, the Disclosure Statement shall be protected and shall
not be released outside of the Government.
(3)(i) Follow consistently the Contractor's cost accounting
practices. A change to such practices may be proposed, however, by
either the Government or the Contractor, and the Contractor agrees
to negotiate with the Contracting Officer the terms and conditions
under which a change may be made. After the terms and conditions
under which the change is to be made have been agreed to, the change
must be applied prospectively to this contract, and the Disclosure
Statement, if affected, must be amended accordingly.
(ii) The Contractor shall, when the parties agree to a change to
a cost accounting practice and the Contracting Officer has made the
finding required in 9903.201-6(c) that the change is desirable and
not detrimental to the interests of the Government, negotiate an
equitable adjustment as provided in the Changes clause of this
contract. In the absence of the required finding, no agreement may
be made under this contract clause that will increase costs paid by
the United States.
(4) Agree to an adjustment of the contract price or cost
allowance, as appropriate, if the Contractor or a subcontractor
fails to comply with the applicable CAS or to follow any cost
accounting practice, and such failure results in any increased costs
paid by the United States. Such adjustment shall provide for
recovery of the increased costs to the United States, together with
interest thereon computed at the annual rate established under
section 6621(a)(2) of the Internal Revenue Code of 1986 (26 U.S.C.
6621(a)(2)) for such period, from the time the payment by the United
States was made to the time the adjustment is effected.
(b) If the parties fail to agree whether the Contractor has
complied with an applicable
[[Page 32812]]
CAS rule, or regulation as specified in parts 9903 and 9904 and as
to any cost adjustment demanded by the United States, such failure
to agree will constitute a dispute under the Contract Disputes Act
(41 U.S.C. 601).
(c) The Contractor shall permit any authorized representatives
of the Government to examine and make copies of any documents,
papers, and records relating to compliance with the requirements of
this clause.
(d) The Contractor shall include in all negotiated subcontracts,
which the Contractor enters into, the substance of this clause,
except paragraph (b), and shall require such inclusion in all other
subcontracts of any tier, except that--
(1) If the subcontract is awarded to a business unit which
pursuant to 9903.201-2 is subject to other types of CAS coverage,
the substance of the applicable clause set forth in 9903.201-4 shall
be inserted.
(2) This requirement shall apply only to negotiated subcontracts
in excess of $650,000.
(3) The requirement shall not apply to negotiated subcontracts
otherwise exempt from the requirement to include a CAS clause as
specified in 9903.201-1.
(End of clause)
(d) [Reserved]
(e) Cost Accounting Standards--Educational Institutions. (1) The
contracting officer shall insert the clause set forth below, Cost
Accounting Standards--Educational Institutions, in negotiated contracts
awarded to educational institutions, unless the contract is exempted
(see 9903.201-1), the contract is to be performed by an FFRDC (see
9903.201-2(c)(5)), or the provision at 9903.201-2(c)(6) applies.
(2) The clause below requires the educational institution to comply
with all CAS specified in part 9905, to disclose actual cost accounting
practices as required by 9903.202-1(f), and to follow disclosed and
established cost accounting practices consistently.
Cost Accounting Standards--Educational Institutions (June 2007)
(a) Unless the contract is exempt under 9903.201-1 and 9903.201-
2, the provisions of part 9903 are incorporated herein by reference
and the Contractor in connection with this contract, shall--
(1) (CAS-covered Contracts Only) If a business unit of an
educational institution required to submit a Disclosure Statement,
disclose in writing the Contractor's cost accounting practices as
required by 9903.202-1 through 9903.202-5 including methods of
distinguishing direct costs from indirect costs and the basis used
for accumulating and allocating indirect costs. The practices
disclosed for this contract shall be the same as the practices
currently disclosed and applied on all other contracts and
subcontracts being performed by the Contractor and which contain a
Cost Accounting Standards (CAS) clause. If the Contractor has
notified the Contracting Officer that the Disclosure Statement
contains trade secrets, and commercial or financial information
which is privileged and confidential, the Disclosure Statement shall
be protected and shall not be released outside of the Government.
(2) Follow consistently the Contractor's cost accounting
practices in accumulating and reporting contract performance cost
data concerning this contract. If any change in cost accounting
practices is made for the purposes of any contract or subcontract
subject to CAS requirements, the change must be applied
prospectively to this contract and the Disclosure Statement, if
required, must be amended accordingly. If an accounting principle
change mandated under Office of Management and Budget (OMB) Circular
A-21, Cost Principles for Educational Institutions, requires that a
change in the Contractor's cost accounting practices be made after
the date of this contract award, the change must be applied
prospectively to this contract and the Disclosure Statement, if
required, must be amended accordingly. If the contract price or cost
allowance of this contract is affected by such changes, adjustment
shall be made in accordance with subparagraph (a)(4) or (a)(5) of
this clause, as appropriate.
(3) Comply with all CAS, including any modifications and
interpretations indicated thereto contained in 48 CFR part 9905, in
effect on the date of award of this contract or, if the Contractor
has submitted cost or pricing data, on the date of final agreement
on price as shown on the Contractor's signed certificate of current
cost or pricing data. The Contractor shall also comply with any CAS
(or modifications to CAS) which hereafter become applicable to a
contract or subcontract of the Contractor. Such compliance shall be
required prospectively from the date of applicability to such
contract or subcontract.
(4)(i) Agree to an equitable adjustment as provided in the
Changes clause of this contract if the contract cost is affected by
a change which, pursuant to subparagraph (a)(3) of this clause, the
Contractor is required to make to the Contractor's established cost
accounting practices.
(ii) Negotiate with the Contracting Officer to determine the
terms and conditions under which a change may be made to a cost
accounting practice, other than a change made under other provisions
of subparagraph (a)(4) of this clause; provided that no agreement
may be made under this provision that will increase costs paid by
the United States.
(iii) When the parties agree to a change to a cost accounting
practice, other than a change under subdivision (a)(4)(i) or
(a)(4)(iv) of this clause, negotiate an equitable adjustment as
provided in the Changes clause of this contract.
(iv) Agree to an equitable adjustment as provided in the Changes
clause of this contract, if the contract cost is materially affected
by an OMB Circular A-21 accounting principle amendment which, on
becoming effective after the date of contract award, requires the
Contractor to make a change to the Contractor's established cost
accounting practices.
(5) Agree to an adjustment of the contract price or cost
allowance, as appropriate, if the Contractor or a subcontractor
fails to comply with an applicable Cost Accounting Standard, or to
follow any cost accounting practice consistently and such failure
results in any increased costs paid by the United States. Such
adjustment shall provide for recovery of the increased costs to the
United States, together with interest thereon computed at the annual
rate established under section 6621(a)(2) of the Internal Revenue
Code of 1986 (26 U.S.C. 6621(a)(2)) for such period, from the time
the payment by the United States was made to the time the adjustment
is effected. In no case shall the Government recover costs greater
than the increased cost to the Government, in the aggregate, on the
relevant contracts subject to the price adjustment, unless the
Contractor made a change in its cost accounting practices of which
it was aware or should have been aware at the time of price
negotiations and which it failed to disclose to the Government.
(b) If the parties fail to agree whether the Contractor or a
subcontractor has complied with an applicable CAS or a CAS rule or
regulation in 9903 and as to any cost adjustment demanded by the
United States, such failure to agree will constitute a dispute under
the Contract Disputes Act (41 U.S.C. 601).
(c) The Contractor shall permit any authorized representatives
of the Government to examine and make copies of any documents,
papers, or records relating to compliance with the requirements of
this clause.
(d) The Contractor shall include in all negotiated subcontracts
which the Contractor enters into, the substance of this clause,
except paragraph (b), and shall require such inclusion in all other
subcontracts, of any tier, including the obligation to comply with
all applicable CAS in effect on the subcontractor's award date or if
the subcontractor has submitted cost or pricing data, on the date of
final agreement on price as shown on the subcontractor's signed
Certificate of Current Cost or Pricing Data, except that--
(1) If the subcontract is awarded to a business unit which
pursuant to 9903.201-2 is subject to other types of CAS coverage,
the substance of the applicable clause set forth in 9903.201-4 shall
be inserted; and
(2) This requirement shall apply only to negotiated subcontracts
in excess of $650,000.
(3) The requirement shall not apply to negotiated subcontracts
otherwise exempt from the requirement to include a CAS clause as
specified in 9903.201-1.
(End of clause)
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8. Section 9903.202-1 is amended by revising:
0
A. Paragraph (c);
0
B. Paragraph (f)(2)(i); and
0
C. Paragraphs (f)(3)(i), (ii), and (iii)
The revisions read as follows:
9903.202-1 General requirements.
* * * * *
(c) When a Disclosure Statement is required, a separate Disclosure
[[Page 32813]]
Statement must be submitted for each segment whose costs included in
the total price of any CAS-covered contract or subcontract exceed
$650,000, unless * * *
(f) * * *
(2) * * *
(i) Any business unit of an educational institution that is
selected to receive a CAS-covered contract or subcontract in excess of
$650,000 and is part of a college or university location listed in
Exhibit A of Office of Management and Budget (OMB) Circular A-21 shall
submit a Disclosure Statement before award.* * *
(3) * * *
(i) For business units that are selected to receive a CAS-covered
contract or subcontract in excess of $650,000 and are part of the first
20 college or university locations (i.e., numbers 1 through 20) listed
in Exhibit A of OMB Circular A-21, Disclosure Statements shall be
submitted within six months after the date of contract award.
(ii) For business units that are selected to receive a CAS-covered
contract or subcontract in excess of $650,000 and are part of a college
or university location that is listed as one of the institutions
numbered 21 through 50, in Exhibit A of OMB Circular A-21, Disclosure
Statements shall be submitted during the six month period ending twelve
months after the date of contract award.
(iii) For business units that are selected to receive a CAS-covered
contract or subcontract in excess of $650,000 and are part of a college
or university location that is listed as one of the institutions
numbered 51 through 99, in Exhibit A of OMB Circular A-21, Disclosure
Statements shall be submitted during the six month period ending
eighteen months after the date of contract award.
[FR Doc. E7-11328 Filed 6-13-07; 8:45 am]
BILLING CODE 3110-01-P