19638 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations

DEPARTMENT OF AGRICULTURE 45 CFR Part 1157 management and reviewed OMB 7 CFR Part 3016 National Endowment for the Circular A–102, ‘‘Uniform Humanities Administrative Requirements for Grants DEPARTMENT OF ENERGY 45 CFR Part 1174 to State and Local Governments.’’ 10 CFR Part 600 In response, two governmentwide Institute of Museum Services documents were eventually issued: a SMALL BUSINESS ADMINISTRATION 45 CFR Part 1183 March 1988 common rule (53 FR 8034– 13 CFR Part 143 CORPORATION FOR NATIONAL AND 8103) containing fiscal and DEPARTMENT OF COMMERCE COMMUNITY SERVICE administrative requirements for grants 45 CFR Part 2541 and cooperative agreements to State and 15 CFR Part 24 local governments (grantees) and DEPARTMENT OF TRANSPORTATION subrecipients which are State and local OFFICE OF NATIONAL DRUG 49 CFR Part 18 CONTROL POLICY governments (subgrantees), and a March Grants and Cooperative Agreements to 1988 revised OMB Circular A–102 (53 21 CFR Part 1403 State and Local Governments FR 8028–8032)—directed solely to DEPARTMENT OF STATE AGENCIES: Department of Agriculture, Federal agencies—containing guidance to Federal agencies on how they should 22 CFR Part 135 Department of Commerce, Department of Defense, Department of Education, manage the award and administration of DEPARTMENT OF HOUSING AND Department of Energy, Department of Federal grants. Consistent with a March URBAN DEVELOPMENT Health and Human Services, 12, 1987, Presidential memorandum, all 24 CFR Part 85 Department of Housing and Urban affected agencies adopted the common rule verbatim, except where DEPARTMENT OF JUSTICE Development, Department of the Interior, Department of Justice, inconsistent with specific statutory 28 CFR Part 66 Department of Labor, Department of requirements. In September 1993, in Creating a DEPARTMENT OF LABOR State, Department of Transportation, Department of Veterans Affairs, Government that Works Better and Costs 29 CFR Part 97 Corporation for National and Less, the National Performance Review FEDERAL MEDIATION AND Community Service, Environmental (NPR) made a recommendation to CONCILIATION SERVICE Protection Agency, Federal Emergency ‘‘Simplify administration by modifying the common grant rules on small Management Agency, Federal Mediation 29 CFR Part 1470 purchases’’ (FSL05). Specifically, NPR and Conciliation Service, General recommended an increase in the dollar DEPARTMENT OF DEFENSE Services Administration, Institute of threshold for small purchases Museum Services, National Archives 32 CFR Part 33 (simplified acquisition threshold) by and Records Administration, National DEPARTMENT OF EDUCATION local governments from $25,000 to Endowment for the Arts, National $100,000. NPR also made a companion 34 CFR Part 80 Endowment for the Humanities, recommendation in the area of National Science Foundation, Office of NATIONAL ARCHIVES AND RECORDS reinventing Federal procurement to National Drug Control Policy, Small ADMINISTRATION ‘‘Establish new simplified acquisition Business Administration. 36 CFR Part 1207 threshold and procedures’’ (PROC04). ACTION: Final rule. This recommendation sought legislation DEPARTMENT OF VETERANS to simplify small purchases by raising AFFAIRS SUMMARY: In response to a recommendation by the National the threshold for the use of simplified 38 CFR Part 43 Performance Review, this final revision acquisition procedures from $25,000 to to the grants management common rule, $100,000. ENVIRONMENTAL PROTECTION In a February 1994 accompanying AGENCY ‘‘Uniform Administrative Requirements for Grants and Cooperative Agreements report of the NPR entitled Creating a Government that Works Better & Costs 40 CFR Part 31 to State and Local Governments,’’ Less—Strengthening the Partnership in GENERAL SERVICES originally issued in the March 11, 1988, Intergovernmental Service Delivery, ADMINISTRATION Federal Register, raises the dollar NPR elaborated on recommendation threshold for simplified procedures for 41 CFR Part 105±71 FSL05. NPR stated ‘‘Local governments small purchases (simplified acquisition have found the $25,000 limit to be DEPARTMENT OF THE INTERIOR threshold) by State and local grantees. overly restrictive, especially for the The agencies’ common rule provides 43 CFR Part 12 purchase of small vehicles that often uniform fiscal and administrative exceed this amount. For example, to FEDERAL EMERGENCY requirements applicable to all types of procure one small van with federal MANAGEMENT AGENCY grants and cooperative agreements to funds to satisfy Americans with 44 CFR Part 13 State and local governments. Disabilities Act requirements, grantees DEPARTMENT OF HEALTH AND EFFECTIVE DATE: This rule is effective must formally advertise and solicit HUMAN SERVICES May 19, 1995. sealed public bids. This requirement FOR FURTHER INFORMATION CONTACT: See 45 CFR Part 92 delays the procurement process and preambles of the individual agencies prevents grantees from acquiring rolling NATIONAL SCIENCE FOUNDATION below. stock quickly’’ (page 21). 45 CFR Part 602 SUPPLEMENTARY INFORMATION: In many cases, State statutes set a small purchase threshold below the NATIONAL FOUNDATION ON THE Background Federal small purchase threshold. State ARTS AND THE HUMANITIES In 1983, a 20-agency task force and local governments are encouraged National Endowment for the Arts explored streamlining grants to amend their thresholds in similar Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations 19639 fashion so that grantees will be able to However, this is not a requirement and PART lllÐUNIFORM more fully benefit from the change in grantees are authorized to use small ADMINISTRATIVE REQUIREMENTS Federal requirements in this purchase procedures for procuring A/E FOR GRANTS AND COOPERATIVE rulemaking. professional services. AGREEMENTS TO STATE AND LOCAL On October 13, 1994, President GOVERNMENTS Clinton signed Public Law 103–355, the Text Changes Federal Acquisition Streamlining Act of 1. Section lll.36 is amended by 1994. The Act amended 41 U.S.C. In response to the new Federal revising paragraphs (d), (g), (h) and (i) 403(11) to read ‘‘The term ‘simplified Acquisition Streamlining Act, the to read as follows: following changes in the proposed text acquisition threshold’ means $100,000.’’ lll.36 Procurement. Formerly, this section defined the are reflected in the final text: (a) the ‘‘small purchase threshold’’ at $25,000. term ‘‘simplified acquisition threshold’’ * * * * * Thus, the proposed rule’s language replaces the term ‘‘small purchase (d) Methods of procurement to be reading ‘‘the greater of $100,000 or the threshold,’’ (b) the threshold level is followed (1) Procurement by small small purchase threshold fixed at 41 now set at $100,000 instead of $25,000, purchase procedures. Small purchase U.S.C. 403(11) (currently set at and (c) the language reading ‘‘the greater procedures are those relatively simple $25,000)’’ anticipated this new Act, and of $100,000 or the small purchase and informal procurement methods for is fully consistent with it. threshold’’ now merely reads ‘‘the securing services, supplies, or other Also, since the latest revision to OMB simplified acquisition threshold.’’ In property that do not cost more than the simplified acquisition threshold fixed at Circular A–110, ‘‘Uniform addition, ‘‘Contracts other than small 41 U.S.C. 403(11) (currently set at Administrative Requirements for Grants purchases’’ in section lll.36(i)(1) has $100,000). If small purchase procedures and Agreements with Institutions of been changed to ‘‘Contracts more than are used, price or rate quotations shall Higher Education, Hospitals, and Other the simplified acquisition threshold.’’ Non-Profit Organizations,’’ published in be obtained from an adequate number of the Federal Register on November 29, The language changes are reflected in qualified sources. 1993 (58 FR 62992–63005), states at the following eight paragraphs in (2) Procurement by sealed bids paragraph lll.44(e)(2), ‘‘The section lll.36: (d)(1), (g)(2) (formal advertising). Bids are publicly procurement is expected to exceed the introductory text, (g)(2)(ii), (g)(2)(iii), solicited and a firm-fixed-price contract small purchase threshold fixed at 41 (g)(2)(iv), (g)(2)(v), (h) introductory text, (lump sum or unit price) is awarded to U.S.C. 403 (11) (currently $25,000),’’ and (i)(1). the responsible bidder whose bid, OMB has determined that the $100,000 conforming with all the material terms threshold already applies to grants with Impact Analysis and conditions of the invitation for bids, institutions of higher education, Executive Order 12866 is the lowest in price. The sealed bid hospitals, and other non-profit method is the preferred method for organizations. The participating agencies have procuring construction, if the conditions On October 14, 1994, OMB published determined that this rule is ‘‘not in lll.36(d)(2)(i) apply. in the Federal Register a final revision significant’’ for purposes of Executive (i) In order for sealed bidding to be to OMB Circular A–102 (59 FR 52224– Order 12866. feasible, the following conditions 52227). should be present: Regulatory Flexibility Act of 1980 (A) A complete, adequate, and Public Comments realistic specification or purchase The participating agencies certify to On October 25, 1994, the agencies description is available; proposed amendments to the grants the Chief Counsel for Advocacy of the (B) Two or more responsible bidders management common rule (59 FR Small Business Administration that this are willing and able to compete 53706–53713). Fifteen public and rule will not have a significant effectively and for the business; and agency comments were received. All economic impact on a substantial (C) The procurement lends itself to a basically supported the increase in the number of small entities. The rule does firm fixed price contract and the threshold, although some were not affect the amount of funds provided selection of the successful bidder can be concerned about whether the increase in the covered programs, but rather made principally on the basis of price. would have the intended effect in light modifies and updates an administrative (ii) If sealed bids are used, the of some lower State and local and procedural requirement that following requirements apply: thresholds. Some commenters also reduces burden on small entities. As (A) The invitation for bids will be indicated other desirable changes in such, a Regulatory Flexibility Analysis publicly advertised and bids shall be grants administration for consideration has not been prepared. solicited from an adequate number of in future rulemaking actions. known suppliers, providing them One commenter asked for a Paperwork Reduction Act sufficient time prior to the date set for clarification whether professional The participating agencies certify that opening the bids; services costing less than $100,000 this final rule does not impose any (B) The invitation for bids, which will could be procured under the small include any specifications and pertinent reporting or recordkeeping requirements purchase procedures. The common rule attachments, shall define the items or under the Paperwork Reduction Act of does not provide for any different services in order for the bidder to 1980, 44 U.S.C. Chapter 35. procedures for the procurement of properly respond; professional services, except for the (C) All bids will be publicly opened Text of the Final Common Rule procurement of architectural/ at the time and place prescribed in the engineering (A/E) services. Grantees The text of the final common rule invitation for bids; may use qualifications-based appears below: (D) A firm fixed-price contract award competitive proposals for the will be made in writing to the lowest procurement of A/E professional responsive and responsible bidder. services (see section lll.36(d)(3)(v)). Where specified in bidding documents, 19640 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations factors such as discounts, transportation delay resulting from competitive paragraph (g)(2) of this section if the cost, and life cycle costs shall be solicitation; awarding agency determines that its considered in determining which bid is (C) The awarding agency authorizes procurement systems comply with the lowest. Payment discounts will only be noncompetitive proposals; or standards of this section. used to determine the low bid when (D) After solicitation of a number of (i) A grantee or subgrantee may prior experience indicates that such sources, competition is determined request that its procurement system be discounts are usually taken advantage inadequate. reviewed by the awarding agency to of; and (ii) Cost analysis, i.e., verifying the determine whether its system meets (E) Any or all bids may be rejected if proposed cost data, the projections of these standards in order for its system there is a sound documented reason. the data, and the evaluation of the to be certified. Generally, these reviews (3) Procurement by competitive specific elements of costs and profits, is shall occur where there is a continuous proposals. The technique of competitive required. high-dollar funding, and third-party proposals is normally conducted with (iii) Grantees and subgrantees may be contracts are awarded on a regular basis. more than one source submitting an required to submit the proposed (ii) A grantee or subgrantee may self- offer, and either a fixed-price or cost- procurement to the awarding agency for certify its procurement system. Such reimbursement type contract is pre-award review in accordance with self-certification shall not limit the awarded. It is generally used when paragraph (g) of this section. awarding agency’s right to survey the system. Under a self-certification conditions are not appropriate for the * * * * * procedure, awarding agencies may wish use of sealed bids. If this method is (g) Awarding agency review. (1) to rely on written assurances from the used, the following requirements apply: Grantees and subgrantees must make (i) Requests for proposals will be grantee or subgrantee that it is available, upon request of the awarding complying with these standards. A publicized and identify all evaluation agency, technical specifications on factors and their relative importance. grantee or subgrantee will cite specific proposed procurements where the procedures, regulations, standards, etc., Any response to publicized requests for awarding agency believes such review is proposals shall be honored to the as being in compliance with these needed to ensure that the item and/or requirements and have its system maximum extent practical; service specified is the one being available for review. (ii) Proposals will be solicited from an proposed for purchase. This review (h) Bonding requirements. For adequate number of qualified sources; generally will take place prior to the construction or facility improvement (iii) Grantees and subgrantees will time the specification is incorporated contracts or subcontracts exceeding the have a method for conducting technical into a solicitation document. However, simplified acquisition threshold, the evaluations of the proposals received if the grantee or subgrantee desires to awarding agency may accept the and for selecting awardees; have the review accomplished after a bonding policy and requirements of the (iv) Awards will be made to the solicitation has been developed, the grantee or subgrantee provided the responsible firm whose proposal is most awarding agency may still review the awarding agency has made a advantageous to the program, with price specifications, with such review usually determination that the awarding and other factors considered; and limited to the technical aspects of the agency’s interest is adequately (v) Grantees and subgrantees may use proposed purchase. protected. If such a determination has competitive proposal procedures for (2) Grantees and subgrantees must on not been made, the minimum qualifications-based procurement of request make available for awarding requirements shall be as follows: architectural/engineering (A/E) agency pre-award review procurement (1) A bid guarantee from each bidder professional services whereby documents, such as requests for equivalent to five percent of the bid competitors’ qualifications are evaluated proposals or invitations for bids, price. The ‘‘bid guarantee’’ shall consist and the most qualified competitor is independent cost estimates, etc. when: of a firm commitment such as a bid selected, subject to negotiation of fair (i) A grantee’s or subgrantee’s bond, certified check, or other and reasonable compensation. The procurement procedures or operation negotiable instrument accompanying a method, where price is not used as a fails to comply with the procurement bid as assurance that the bidder will, selection factor, can only be used in standards in this section; or upon acceptance of his bid, execute procurement of A/E professional (ii) The procurement is expected to such contractual documents as may be services. It cannot be used to purchase exceed the simplified acquisition required within the time specified. other types of services though A/E firms threshold and is to be awarded without (2) A performance bond on the part of are a potential source to perform the competition or only one bid or offer is the contractor for 100 percent of the proposed effort. received in response to a solicitation; or contract price. A ‘‘performance bond’’ is (4) Procurement by noncompetitive (iii) The procurement, which is one executed in connection with a proposals is procurement through expected to exceed the simplified contract to secure fulfillment of all the solicitation of a proposal from only one acquisition threshold, specifies a ‘‘brand contractor’s obligations under such source, or after solicitation of a number name’’ product; or contract. of sources, competition is determined (iv) The proposed award is more than (3) A payment bond on the part of the inadequate. the simplified acquisition threshold and contractor for 100 percent of the (i) Procurement by noncompetitive is to be awarded to other than the contract price. A ‘‘payment bond’’ is proposals may be used only when the apparent low bidder under a sealed bid one executed in connection with a award of a contract is infeasible under procurement; or contract to assure payment as required small purchase procedures, sealed bids (v) A proposed contract modification by law of all persons supplying labor or competitive proposals and one of the changes the scope of a contract or and material in the execution of the following circumstances applies: increases the contract amount by more work provided for in the contract. (A) The item is available only from a than the simplified acquisition (i) Contract provisions. A grantee’s single source; threshold. and subgrantee’s contracts must contain (B) The public exigency or emergency (3) A grantee or subgrantee will be provisions in paragraph (i) of this for the requirement will not permit a exempt from the pre-award review in section. Federal agencies are permitted Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations 19641 to require changes, remedies, changed documents, papers, and records of the Authority: 5 U.S.C. 301. conditions, access and records contractor which are directly pertinent 2. Section 3016.36 is amended as set retention, suspension of work, and other to that specific contract for the purpose forth at the end of the common clauses approved by the Office of of making audit, examination, excerpts, preamble. Federal Procurement Policy. and transcriptions. BILLING CODE 3410±90±P (1) Administrative, contractual, or (11) Retention of all required records legal remedies in instances where for three years after grantees or contractors violate or breach contract subgrantees make final payments and all DEPARTMENT OF ENERGY terms, and provide for such sanctions other pending matters are closed. and penalties as may be appropriate. (12) Compliance with all applicable 10 CFR Part 600 (Contracts more than the simplified standards, orders, or requirements RIN 1991±AB15 acquisition threshold) issued under section 306 of the Clean (2) Termination for cause and for Air Act (42 U.S.C. 1857(h)), section 508 FOR FURTHER INFORMATION CONTACT: convenience by the grantee or of the Clean Water Act (33 U.S.C. 1368), Cherlyn Seckinger, Business and subgrantee including the manner by Executive Order 11738, and Financial Policy Division (HR–51) U.S. which it will be effected and the basis Environmental Protection Agency Department of Energy, 1000 for settlement. (All contracts in excess regulations (40 CFR part 15). (Contracts, Independence Avenue, SW., of $10,000) subcontracts, and subgrants of amounts Washington, DC 20585, (202) 586–8192. (3) Compliance with Executive Order in excess of $100,000) List of Subjects in 10 CFR Part 600 11246 of September 24, 1965, entitled (13) Mandatory standards and policies ‘‘Equal Employment Opportunity,’’ as Accounting, Contract programs, Grant relating to energy efficiency which are programs, Intergovernmental relations, amended by Executive Order 11375 of contained in the state energy October 13, 1967, and as supplemented Reporting and recordkeeping conservation plan issued in compliance requirements. in Department of Labor regulations (41 with the Energy Policy and CFR chapter 60). (All construction Conservation Act (Pub. L. 94–163, 89 Richard H. Hopf, contracts awarded in excess of $10,000 Stat. 871). Deputy Assistant Secretary for Procurement by grantees and their contractors or and Assistance Management. subgrantees) Adoption of Final Common Rule Title 10 of the Code of Federal (4) Compliance with the Copeland The agency-specific adoptions of the Regulations, part 600 is amended as ‘‘Anti-Kickback’’ Act (18 U.S.C. 874) as follows. supplemented in Department of Labor final common rule, which appears at the regulations (29 CFR Part 3). (All end of the common preamble, appear PART 600ÐFINANCIAL ASSISTANCE contracts and subgrants for construction below. RULES or repair) DEPARTMENT OF AGRICULTURE (5) Compliance with the Davis-Bacon Subpart CÐUniform Administrative Requirements for Grants and Act (40 U.S.C. 276a to 276a–7) as 7 CFR Part 3016 supplemented by Department of Labor Cooperative Agreements to State and regulations (29 CFR Part 5). RIN 0503±AA08 Local Governments (Construction contracts in excess of FOR FURTHER INFORMATION CONTACT: 1. The authority for part 600 $2000 awarded by grantees and Gerald Miske, Supervisory Management continues to read as follows: subgrantees when required by Federal Analyst, Federal Assistance and Fiscal Authority: Secs. 644 and 646, Pub. L. 95– grant program legislation) Policy Division, U.S. Department of (6) Compliance with Sections 103 and 91, 91 Stat. 599 (42 U.S.C. 7254 and 7256); Agriculture, Washington, DC 20250, 107 of the Contract Work Hours and Pub. L. 97–258, 96 Stat. 1003–1005 (31 U.S.C. (202) 720–1553. 6301–6308). Safety Standards Act (40 U.S.C. 327– lll 330) as supplemented by Department of List of Subjects in 7 CFR Part 3016 2. Section 600.236 [ .36] is Labor regulations (29 CFR Part 5). amended as set forth at the end of the Accounting, Contract programs, Grant common preamble. (Construction contracts awarded by programs—agriculture, grantees and subgrantees in excess of Intergovernmental relations, Reporting BILLING CODE 6450±01±M $2000, and in excess of $2500 for other and recordkeeping requirements. contracts which involve the employment of mechanics or laborers) Issued at Washington, DC. SMALL BUSINESS ADMINISTRATION (7) Notice of awarding agency Anthony A. Williams, requirements and regulations pertaining Chief Financial Officer. 13 CFR Part 143 to reporting. Approved: FOR FURTHER INFORMATION CONTACT: (8) Notice of awarding agency Dan Glickman, Calvin Jenkins, Assistant Administrator requirements and regulations pertaining Secretary of Agriculture. for Administration, 202–205–6630. to patent rights with respect to any Title 7 of the Code of Federal List of Subjects in 13 CFR Part 143 discovery or invention which arises or Regulations, part 3016 is amended as is developed in the course of or under follows. Accounting, Contract programs, Grant such contract. programs, Intergovernmental relations, (9) Awarding agency requirements PART 3016ÐUNIFORM Reporting and recordkeeping and regulations pertaining to copyrights ADMINISTRATIVE REQUIREMENTS requirements. and rights in data. FOR GRANTS AND COOPERATIVE (10) Access by the grantee, the Philip Lader, AGREEMENTS TO STATE AND LOCAL Administrator. subgrantee, the Federal grantor agency, GOVERNMENTS the Comptroller General of the United Title 13 of the Code of Federal States, or any of their duly authorized 1. The authority for part 3016 Regulations, part 143 is amended as representatives to any books, continues to read as follows: follows: 19642 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations

PART 143ÐUNIFORM Reporting and recordkeeping List of Subjects in 24 CFR Part 85 ADMINISTRATIVE REQUIREMENTS requirements. FOR GRANTS AND COOPERATIVE Lee P. Brown, Accounting, Contract programs, Grant programs, Indians, Intergovernmental AGREEMENTS TO STATE AND LOCAL Director. GOVERNMENTS relations, Reporting and recordkeeping Title 21 of the Code of Federal requirements. 1. The for part 143 continues to read Regulations, part 1403 is amended as Henry G. Cisneros, as follows: follows. Secretary. Authority: 15 U.S.C. 634(b)(6). PART 1403ÐUNIFORM Title 24 of the Code of Federal ADMINISTRATIVE REQUIREMENTS 2. Section 143.36 is amended as set Regulations, part 85 is amended as FOR GRANTS AND COOPERATIVE follows: forth at the end of the common AGREEMENTS TO STATE AND LOCAL preamble. GOVERNMENTS PART 85ÐADMINISTRATIVE BILLING CODE 8025±01±M REQUIREMENTS FOR GRANTS AND 1. The authority for part 1403 COOPERATIVE AGREEMENTS TO continues to read as follows: DEPARTMENT OF COMMERCE STATE, LOCAL AND FEDERALLY Authority: 5 U.S.C. 301. RECOGNIZED INDIAN TRIBAL GOVERNMENTS 15 CFR Part 24 2. Section 1403.36 is amended as set forth at the end of the common preamble. 1. The authority for part 85 continues RIN 0605±AA04 to read as follows: BILLING CODE 3180±02±M FOR FURTHER INFORMATION CONTACT: John Authority: 42 U.S.C. 3535(d). J. Phelan, III, 202–482–4115. DEPARTMENT OF STATE 2. Section 85.36 is amended as set List of Subjects in 15 CFR Part 24 forth at the end of the common 22 CFR Part 135 preamble. Accounting, Contract programs, Grants programs, Intergovernmental RIN 1400±AA53 BILLING CODE 4210±32±M relations, Reporting and recordkeeping FOR FURTHER INFORMATION CONTACT: requirements. Robert Lloyd, Office of the Procurement DEPARTMENT OF JUSTICE Sonya G. Stewart, Executive, 703–516–1690. Director, Office of Executive Budgeting and List of Subjects in 22 CFR Part 135 28 CFR Part 66 Assistance Management. Accounting, Contract programs, Grant Title 15 of the Code of Federal programs, Intergovernmental relations, [OJP No. 1007F; A.G. Order No. 1961±95] Regulations, part 24 is amended as Reporting and recordkeeping follows. requirements. RIN 1121±AA16 Lloyd W. Pratsch, PART 24ÐUNIFORM ADMINISTRATIVE FOR FURTHER INFORMATION CONTACT: Procurement Executive. REQUIREMENTS FOR GRANTS AND Cynthia J. Schwimer, Director, Financial COOPERATIVE AGREEMENTS TO Title 22 of the Code of Federal Management Division, 202–307–3186. STATE AND LOCAL GOVERNMENTS Regulations, Part 135 is amended as follows: List of Subjects in 28 CFR Part 66 1. The authority for part 24 continues Accounting, Contract programs, Grant to read as follows: PART 135ÐUNIFORM ADMINISTRATIVE REQUIREMENTS programs, Intergovernmental relations; Authority: 5 U.S.C. 301. FOR GRANTS AND COOPERATIVE Reporting and recordkeeping requirements. 2. Section 24.36 is amended as set AGREEMENTS TO STATE AND LOCAL forth at the end of the common GOVERNMENTS Janet Reno, Attorney General. preamble. 1. The authority for part 135 BILLING CODE 3510±FA±M continues to read as follows: Title 28, Chapter I, of the Code of Authority: 22 U.S.C. 2658. Federal Regulations, part 66 is amended as follows. OFFICE OF NATIONAL DRUG 2. Section 135.36 is amended as set CONTROL POLICY forth at the end of the common PART 66ÐUNIFORM ADMINISTRATIVE preamble. REQUIREMENTS FOR GRANTS AND 21 CFR Part 1403 BILLING CODE 4710±24±M COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS RIN 3201±ZA00 DEPARTMENT OF HOUSING AND 1. The authority for part 66 is revised URBAN DEVELOPMENT FOR FURTHER INFORMATION CONTACT: to read as follows: Richard Yamamoto, Director, High 24 CFR Part 85 Authority: 18 U.S.C. 4042, 4351–4353; 42 Intensity Drug Trafficking Areas U.S.C. 3711 et seq., 5601 et seq., 10601 et seq. Program, (202) 395–6755. RIN 2535±AA22 2. Sections 66.36 is amended as set List of Subjects in 21 CFR Part 1403 FOR FURTHER INFORMATION CONTACT: Edward L. Girovasi, Jr., Director, Policy forth at the end of the common Accounting, Contract programs, Grant and Evaluation Division, (202) 708– preamble. programs, Intergovernmental relations, 0294. TDD: (202) 708–1112. BILLING CODE 4410±18±M Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations 19643

DEPARTMENT OF LABOR 2. Section 1470.36 is amended as set Room 3636 ROB, Washington, DC forth at the end of the common 20202–4700. Telephone: (202) 708– 29 CFR Part 97 preamble. 8199. Individuals who use a BILLING CODE 6372±01±M telecommunications device for the deaf RIN 1291±AA22 (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF DEFENSE between 8 a.m. and 8 p.m., Eastern time, Melvin Goldberg, Chief, Division of Monday through Friday. Procurement and Grant Policy, (202) Office of the Secretary 219–9174. List of Subjects in 34 CFR Part 80 32 CFR Part 33 List of Subjects in 29 CFR Part 97 Accounting, Contract programs, Grant RIN 0790±AG05 programs—education, Accounting, Contract programs, Intergovernmental relations, Reporting FOR FURTHER INFORMATION CONTACT: Grants programs, Intergovernmental and recordkeeping requirements. relations, Reporting and recordkeeping Mark Herbst, (703) 614–0205. Richard W. Riley, requirements. ADDITIONAL SUPPLEMENTARY INFORMATION: Secretary of Education. Cynthia A. Metzler, The Department of Defense adopts this Assistant Secretary for Administration and amendment to the Governmentwide Title 34 of the Code of Federal Management. common rule on administration of Regulations, part 80 is amended as Title 27 of the Code of Federal grants and cooperative agreements to follows. State and local governments. In Regulations, part 97 is amended as PART 80ÐUNIFORM ADMINISTRATIVE follows: adopting this rule, the Office of the Secretary of Defense, the Military REQUIREMENTS FOR GRANTS AND PART 97ÐUNIFORM ADMINISTRATIVE Departments and the Defense Agencies COOPERATIVE AGREEMENTS TO REQUIREMENTS FOR GRANTS AND will maintain uniform procedures that STATE AND LOCAL GOVERNMENTS are consistent with those of other COOPERATIVE AGREEMENTS TO 1. The authority for part 80 continues Executive Departments and Agencies. STATE AND LOCAL GOVERNMENTS to read as follows: The Department of Defense originally 1. The authority for part 97 continues codified this Governmentwide rule on Authority: 20 U.S.C. 1221e–3 and 3474, to read as follows: March 11, 1988 (53 FR 8034), at 32 CFR OMB Circular A–102, unless otherwise noted. Authority: 5 U.S.C. 301; OMB Circular A– Part 278. On February 21, 1992 (57 FR 102. 6199), Part 278 was redesignated as Part 2. Section 80.36 is amended as set 2. Section 97.36 is amended as set 33. This rulemaking amends the forth at the end of the common forth at the end of the common redesignated Part 33. preamble. preamble. List of Subjects in 32 CFR Part 33 BILLING CODE 4000±01±M BILLING CODE 4150±23±M Accounting, Contract programs, Grant programs, Intergovernmental relations, NATIONAL ARCHIVES AND RECORDS Reporting and recordkeeping ADMINISTRATION FEDERAL MEDIATION AND requirements. CONCILIATION SERVICE Linda M. Bynum, 36 CFR Part 1207 29 CFR Part 1470 Alternate OSD Federal Register Liaison Officer, Department of Defense. RIN 3095±AA23 Title 32 of the Code of Federal RIN 3076±AA03 FOR FURTHER INFORMATION CONTACT: Regulations, part 33 is amended as Mary Ann Hadyka or Nancy Allard on FOR FURTHER INFORMATION CONTACT: follows: Peter Regner, (202) 606–8181 301–713–6730. PART 33ÐUNIFORM ADMINISTRATIVE List of Subjects in 29 CFR Part 1470 List of Subjects in 36 CFR Part 1207 REQUIREMENTS FOR GRANTS AND Accounting, Contract programs, Grant COOPERATIVE AGREEMENTS TO Accounting, Contract programs, Grant programs, Intergovernmental relations, STATE AND LOCAL GOVERNMENTS programs, Intergovernmental relations, Reporting and recordkeeping Reporting and recordkeeping requirements. 1. The authority for part 33 continues requirements. John Calhoun Wells, to read as follows: Trudy Huskamp Peterson, Director. Authority: 5 U.S.C. 301; 10 U.S.C. 113. Acting Archivist of the United States. Title 29 of the Code of Federal 2. Section 33.36 is amended as set Title 36 of the Code of Federal Regulations, Part 1470 is amended as forth at the end of the common Regulations, part 1207 is amended as follows. preamble. follows. BILLING CODE 5000±04±M PART 1470ÐUNIFORM PART 1207ÐUNIFORM ADMINISTRATIVE REQUIREMENTS ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE DEPARTMENT OF EDUCATION FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL AGREEMENTS TO STATE AND LOCAL GOVERNMENTS 34 CFR Part 80 GOVERNMENTS 1. The authority for part 1470 RIN 1880±AA63 1. The authority for part 1207 continues to read as follows: FOR FURTHER INFORMATION CONTACT: Greg continues to read as follows: Authority: 29 U.S.C. 175a. Vick, U.S. Department of Education, Authority: 44 U.S.C. 2104. 19644 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations

2. Section 1207.36 is amended as set PART 31ÐUNIFORM ADMINISTRATIVE DEPARTMENT OF THE INTERIOR forth at the end of the common REQUIREMENTS FOR GRANTS AND preamble. COOPERATIVE AGREEMENTS TO Office of the Secretary BILLING CODE 7515±01±M STATE AND LOCAL GOVERNMENTS 43 CFR Part 12 1. The authority for part 31 continues DEPARTMENT OF VETERANS to read as follows: RIN 1090±AA47 AFFAIRS Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C. FOR FURTHER INFORMATION CONTACT: 38 CFR Part 43 7401 et seq.; 42 U.S.C. 6901 et seq.; 42 U.S.C. Dean A. Titcomb, Chief, Acquisition 300f et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. and Assistance Division, (202) 208– RIN 2900±AH26 2601 et seq.; 42 U.S.C. 9601 et seq.; 20 U.S.C. 6431. FOR FURTHER INFORMATION CONTACT: 4011 et seq.; 33 U.S.C. 1401 et seq. List of Subjects in 43 CFR Part 12 Dale L. Renaud, Deputy Assistant 2. Section 31.36 is amended as set Secretary for Intergovernmental Affairs forth at the end of the common Accounting, Contract programs, Grant (075), Department of Veterans Affairs, preamble. programs, Intergovernmental relations, 810 Vermont Avenue, NW., Reporting and recordkeeping Washington, DC 20420, (202) 273–5760. BILLING CODE 6560±01±M requirements. List of Subjects in 38 CFR Part 43 Dated: March 27, 1995. Accounting, Contract programs, Grant GENERAL SERVICES Joseph L. Sax, programs, Intergovernmental relations, ADMINISTRATION Acting Assistant Secretary—Policy, Reporting and recordkeeping Management and Budget. requirements. 41 CFR Part 105±71 Jesse Brown, Title 43 of the Code of Federal Secretary of Veterans Affairs. Regulations, Part 12 is amended as RIN 3090±AF±59 follows. Title 38 of the Code of Federal FOR FURTHER INFORMATION CONTACT: John Regulations, part 43 is amended as PART 12ÐADMINISTRATIVE AND follows: P. Dyer, General Services AUDIT REQUIREMENTS AND COST Administration, Public Buildings PRINCIPLES FOR ASSISTANCE PART 43ÐUNIFORM ADMINISTRATIVE Service, Office of Federal Protective PROGRAMS REQUIREMENTS FOR GRANTS AND Service, 18th and F Streets, NW, Room COOPERATIVE AGREEMENTS TO 7316, Washington, DC 20405. 1. The authority for part 12 continues STATE AND LOCAL GOVERNMENTS Telephone: (202) 501–0160. to read as follows: 1. The authority for part 43 is revised List of Subjects in 41 CFR Part 105–71 Authority: 5 U.S.C. 301; U.S.C. 6101 note, to read as follows: 7501; 41 U.S.C. 252a; 701 et seq.; sec. 307, Authority: 38 U.S.C. 501, 1712. Accounting, Contract programs, Grant Pub. L. 103–332, 108 Stat. 2499; sec. 501, programs, Intergovernmental relations, Pub. L. 103–316, 108 Stat. 1723; E.O. 12549, 2. Section 43.36 is amended as set Reporting and recordkeeping 3 CFR, 1986 Comp., p. 189; E.O. 12674, 3 forth at the end of the common requirements. CFR, 1989 Comp., p. 215; E.O. 12731, 3 CFR, preamble. 1990 Comp., p. 306; OMB Circular A–102; Dated: April 6, 1995. BILLING CODE 8320±01±M OMB Circular A–110; OMB Circular A–128; Julia M. Stasch, and OMB Circular A–133. ENVIRONMENTAL PROTECTION Acting Administrator of General Services. Subpart CÐUniform Administrative AGENCY Title 41 of the Code of Federal Requirements for Grants and Regulations, part 105–71 is amended as Cooperative Agreements to State and 40 CFR Part 31 follows: Local Governments RIN 2030±AA34 PART 105±71ÐUNIFORM 2. Section 12.76 [ll.36] is amended FOR FURTHER INFORMATION CONTACT: ADMINISTRATIVE REQUIREMENTS as set forth at the end of the common Linda Yancey, Grants Policy and FOR GRANTS AND COOPERATIVE preamble. Procedures Branch, Grants AGREEMENTS TO STATE AND LOCAL BILLING CODE 4310±RF±M Administration Division (3903F), 401 M GOVERNMENTS Street SW., Washington, DC 20460, (202) 260–5264. 1. The authority for part 105–71 FEDERAL EMERGENCY List of Subjects in 40 CFR Part 31 continues to read as follows: MANAGEMENT AGENCY Accounting, Contract programs, Grant Authority: Sec. 205(c), 63 Stat. 390 (40 44 CFR Part 13 programs, Intergovernmental relations, U.S.C. 486(c)). Reporting and recordkeeping lll FOR FURTHER INFORMATION CONTACT: requirements. 2. Section 105–71.136 [ .36] is amended as set forth at the end of the Charles F. McNulty, Federal Emergency Dated: March 31, 1995. common preamble. Management Agency, 500 C Street SW., Carol M. Browner, Washington, DC 20472, (202) 646–2976. Administrator. BILLING CODE 6820±23±M List of Subjects in 44 CFR Part 13 Title 40 of the Code of Federal Regulations, part 31 is amended as Accounting, Contract programs, Grant follows. programs, Intergovernmental relations, Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations 19645

Reporting and recordkeeping NATIONAL SCIENCE FOUNDATION PART 1157ÐUNIFORM requirements. ADMINISTRATIVE REQUIREMENTS Harvey G. Ryland, 45 CFR Part 602 FOR GRANTS AND COOPERATIVE Deputy Director. AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Title 44 of the Code of Federal RIN 3145±AA30 1. The authority for part 1157 Regulations, part 13 is amended as FOR FURTHER INFORMATION CONTACT: Jean continues to read as follows: follows. Feldman, Deputy Head, Policy Office, Authority: 20 U.S.C. 959(a)(1). PART 13ÐUNIFORM ADMINISTRATIVE Division of Contracts, Policy & REQUIREMENTS FOR GRANTS AND Oversight, 703–306–1243. For the 2. Section 1157.36 is amended as set COOPERATIVE AGREEMENTS TO hearing impaired only: forth at the end of the common STATE AND LOCAL GOVERNMENTS Telecommunications Device for the preamble. Deaf, (703) 306–0090. BILLING CODE 7537±01±M 1. The authority for part 13 is revised to read as follows: List of Subjects in 45 CFR Part 602 Authority: Reorg. Plan No. 3, 1978; E.O. Accounting, Contract programs, Grant NATIONAL FOUNDATION ON THE 12148, 3 CFR, 1979 Comp., p. 412. programs, Intergovernmental relations, ARTS AND THE HUMANITIES 2. Section 13.36 is amended as set Reporting and recordkeeping National Endowment for the forth at the end of the common requirements. Humanities preamble. Joseph L. Kull, BILLING CODE 6718±01±M Chief Financial Officer. 45 CFR Part 1174 Title 45 of the Code of Federal RIN 3136±AA17 DEPARTMENT OF HEALTH AND Regulations, part 602 is amended as FOR FURTHER INFORMATION CONTACT: HUMAN SERVICES follows. David J. Wallace, Director, Grants Office, National Endowment for the 45 CFR Part 92 PART 602ÐUNIFORM Humanities, 202–606–8494. ADMINISTRATIVE REQUIREMENTS List of Subjects in 45 CFR Part 1174 RIN 0991±AA77 FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL Accounting, Contract programs, Grant FOR FURTHER INFORMATION CONTACT: GOVERNMENTS programs, Intergovernmental relations, Charles Gale, Director, Division of Reporting and recordkeeping Grants Policy and Oversight, 202–690– 1. The authority for part 602 requirements. 6377. For the hearing impaired only: continues to read as follows: Sheldon Hackney, Telecommunications Device for the Deaf Authority: 42 U.S.C. 1870(a). Chairman. 202–690–6415. Title 45 of the Code of Federal 2. Section 602.36 is amended as set ADDITIONAL SUPPLEMENTARY INFORMATION: Regulations, Part 1174 is amended as forth at the end of the common For clarification, in addition to applying follows. to State and local governments, this preamble. amendment also applies to Indian Tribal BILLING CODE 7555±01±M PART 1174ÐUNIFORM governments. ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE List of Subjects in 45 CFR Part 92 NATIONAL FOUNDATION ON THE AGREEMENTS TO STATE AND LOCAL Accounting, Contract programs, Grant ARTS AND THE HUMANITIES GOVERNMENTS programs, Intergovernmental relations, 1. The authority for part 1174 Reporting and recordkeeping National Endowment for the Arts continues to read as follows: requirements. 45 CFR Part 1157 Authority: 20 U.S.C. 959(a)(1). Dated: April 4, 1995. Donna E. Shalala, 2. Section 1174.36 is amended as set RIN 3135±AA12 Secretary. forth at the end of the common preamble. Title 45 of the Code of Federal FOR FURTHER INFORMATION CONTACT: Ms. Regulations, part 92 is amended as Donna DiRicco, Acting Grants Officer, BILLING CODE 7536±01±M follows. National Endowment for the Arts, (202) 682–5403. PART 92ÐUNIFORM ADMINISTRATIVE NATIONAL FOUNDATION ON THE REQUIREMENTS FOR GRANTS AND List of Subjects in 45 CFR Part 1157 ARTS AND THE HUMANITIES COOPERATIVE AGREEMENTS TO Accounting, Contract programs, Grant Institute of Museum Services STATE AND LOCAL GOVERNMENTS programs, Intergovernmental relations, 45 CFR Part 1183 1. The authority for part 92 continues Reporting and recordkeeping to read as follows: requirements. FOR FURTHER INFORMATION CONTACT: Authority: 5 U.S.C. 301. Laurence Baden, Rebecca Danvers, Program Director, 202–606–8539. 2. Section 92.36 is amended as set Deputy Chairman for Management. forth at the end of the common Title 45 of the Code of Federal List of Subjects in 45 CFR Part 1183 preamble. Regulations, part 1157 is amended as Accounting, Contract programs, Grant BILLING CODE 4150±04±M follows. programs, Intergovernmental relations,