Federal Acquisition Regulation (FAR): Recruitment costs principle,
[Federal Register: August 12, 1998 (Volume 63, Number 155)]
[Proposed Rules]
[Page 43238-43239]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au98-26]
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 31
[FAR Case 98-001]
RIN 9000-AI06
Federal Acquisition Regulation; Recruitment Costs Principle
AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule with request for comments.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council are proposing to amend the Federal Acquisition Regulation (FAR) to revise the ``recruitment costs'' and the ``public relations and advertising costs'' cost principles for streamlining purposes. This regulatory action was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. This is not a major rule under 5 U.S.C. 804.
DATES: Comments should be submitted on or before October 13, 1998 to be considered in the formulation of a final rule.
ADDRESSES: Interested parties should submit written comments to: General Services Administration, FAR Secretariat (MVR), Attn: Laurie Duarte, 1800 F Street, NW, Room 4035, Washington, DC 20405.
E-mail comments submitted over Internet should be addressed to: farcase.98-001@gsa.gov.
Please cite FAR case 98-001 in all correspondence related to this case.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, 1800 F Street, NW, Washington, DC 20405, (202) 501-4755, for information pertaining to status or publication schedules. For clarification of content, contact Ms. Linda Nelson, Procurement Analyst, at (202) 501- 1900. Please cite FAR case 98-001.
SUPPLEMENTARY INFORMATION:
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Background
The proposed rule amends FAR 31.205-1, Public relations and advertising costs, and FAR 31.205-34, Recruitment costs, to remove excessive wording and details for streamlining purposes. FAR 31.205- 1(d) was revised to indicate that the allowability of recruitment expenses in connection with advertising costs is addressed at FAR 31.205-34. Certain restrictive language at FAR 31.205-34 was removed since the normal standards at FAR 31.201-3, Determining reasonableness, and FAR 31.201-4, Determining allocability, applies to these types of expenses. In addition, FAR 31.205-34(c) has been deleted since excessive compensation is already adequately addressed at FAR 31.205-6, Compensation for personal services.
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Regulatory Flexibility Act
This proposed rule is not expected to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because most contracts awarded to small entities use simplified acquisition procedures or are awarded on a competitive, fixed-price basis, and do not require application of the cost principles contained in this rule. An Initial Regulatory Flexibility Analysis has, therefore, not been performed. Comments are invited from small businesses and other interested parties. Comments from small entities concerning the affected FAR subpart also will be considered in accordance with 5 U.S.C. 610 of the Act. Such comments must be submitted separately and should cite 5 U.S.C. 601, et seq. (FAR case 98-001), in correspondence.
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Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed 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 the Office of Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 31
Government procurement.
Dated: August 5, 1998. Edward C. Loeb, Director, Federal Acquisition Policy Division.
Therefore, it is proposed that 48 CFR Part 31 be amended as set forth below:
[[Page 43239]]
PART 31--CONTRACT COST PRINCIPLES AND PROCEDURES
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The authority citation for 48 CFR Part 31 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).
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Section 31.205-1 is amended by revising paragraph (d) to read as follows:
31.205-1 Public relations and advertising costs.
* * * * *
(d) The only allowable advertising costs are those that are--
(1) Specifically required by contract, or that arise from requirements of Government contracts, and that are exclusively for--
(i) Acquiring scarce items for contract performance; or
(ii) Disposing of scrap or surplus materials acquired for contract performance;
(2) Costs of activities to promote sales of products normally sold to the U.S. Government, including trade shows, which contain a significant effort to promote exports from the United States. Such costs are allowable, notwithstanding paragraphs (f)(1), (f)(3), (f)(4)(ii), and (f)(5) of this subsection. However, such costs do not include the costs of memorabilia (e.g., models, gifts, and souvenirs), alcoholic beverages, entertainment, and physical facilities that are used primarily for entertainment rather than product promotion; or
(3) Allowable in accordance with 31.205-34. * * * * *
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Section 31.205-34 is amended in the introductory text of paragraph (a) by removing ``paragraphs (b) and (c) below,'' and adding ``paragraph (b) of this subsection,'' in its place; revising paragraph (b); and removing paragraph (c) to read as follows:
31.205-34 Recruitment costs.
* * * * *
(b) Help-wanted advertising costs are unallowable if the advertising--
(1) Does not describe specific positions or classes of positions; or
(2) Includes material that is not relevant for recruitment purposes, such as extensive illustrations or descriptions of the company's products or capabilities.
[FR Doc. 98-21443Filed8-11-98; 8:45 am]
BILLING CODE 6820-EP-P
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