[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]



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


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.

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.


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 

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.


    2. Subpart 230.2 is added to read as follows:

[[Page 36035]]

Subpart 230.2--CAS Program Requirements

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 
    (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]