[Federal Register Volume 66, Number 106 (Friday, June 1, 2001)]
[Rules and Regulations]
[Pages 29726-29727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13812]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1803 and 1852


NASA Inspector General Hotline Posters

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: This is a final rule that amends the NASA FAR Supplement (NFS) 
to require NASA contractors to display ``hotline posters'' on contracts 
exceeding $5,000,000 and performed at contractor facilities in the 
United States.

EFFECTIVE DATE: June 1, 2001.

FOR FURTHER INFORMATION CONTACT: Paul Brundage, NASA Headquarters, 
Office of Procurement, Contract Management Division (Code HK), 
Washington, DC 20546-0001, (202) 358-0481, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    NASA's Office of Inspector General (IG) requested that NASA 
contractors be required to display ``hotline posters'' in contractor 
facilities performing work on some NASA contracts. Foreign contracts 
and contracts less than $5,000,000 are exempt. This final rule requires 
contractors to obtain from the NASA IG ``hotline posters'' and to post 
them in facilities where and when work is performed on an applicable 
NASA contract. By waiver from Part 12, NASA might also impose this 
requirement on a case-by-case basis in contracts for commercial items 
when unusual circumstances warrant. An example of such circumstances 
might include procurements involving extraordinary concerns about the 
safety of human life.
    A proposed rule was published in the Federal Register on May 22, 
2000, (65 FR 32069--32070). NASA received one comment. The commenter 
recommended that NASA conform to DoD by exempting contractors having an 
established internal reporting mechanism and program. NASA's IG 
believes employees of NASA contractors should have an independent 
avenue to report violations. In its view, the existence of an internal 
reporting mechanism does not assure employees would report illegal 
activities seen on the job. Therefore, no changes are being made as a 
result of this comment. The proposed rule is being adopted as final 
with a change to section 1803.7001 to change the word ``provision'' to 
``clause''.

B. Regulatory Flexibility Act

    NASA certifies that this rule will not have a significant economic 
impact on a substantial number of small business entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because it only 
affects small business entities with contracts exceeding $5,000,000 and 
the NASA Office of Inspector General will provide the posters at no 
direct cost to contractors.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this final rule 
does not impose any recordkeeping or information collection 
requirements that require the approval of the Office of Management and 
Budget under 44 U.S.C. 3501, et seq.

Lists of Subjects in 48 CFR Parts 1803 and 1852

    Government procurement.

Tom Luedtke,
Associate Administrator for Procurement.

    Accordingly, 48 CFR Parts 1803 and 1852 are amended as follows:
    1. The authority citation for 48 CFR Parts 1803 and 1852 continues 
to read as follows:

    Authority: 42 U.S.C. 2473(c)(1).

[[Page 29727]]

PART 1803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

    2. Add Subpart 1803.70 to read as follows:
Subpart 1803.70--IG Hotline Posters
1803.7000   Policy.
1803.7001   Contract clause.

Subpart 1803.70--IG Hotline Posters


1803.7000  Policy.

    NASA requires contractors to display NASA hotline posters prepared 
by the NASA Office of Inspector General on those contracts specified in 
1803.7001, so that employees of the contractor having knowledge of 
waste, fraud, or abuse, can readily identify a means to contact NASA's 
IG.


1803.7001  Contract clause.

    Contracting officers must insert the clause at 1852.203-70, Display 
of Inspector General Hotline Posters, in solicitations and contracts 
expected to exceed $5,000,000 and performed at contractor facilities in 
the United States.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Add section 1852.203-70 to read as follows:


1852.203-70  Display of Inspector General Hotline Posters.

    As prescribed in 1803.7001, insert the following clause:

Display of Inspector General Hotline Posters June 2001

    (a) The Contractor shall display prominently in common work 
areas within business segments performing work under this contract, 
Inspector General Hotline Posters available under paragraph (b) of 
this clause.
    (b) Inspector General Hotline Posters may be obtained from NASA 
Office of Inspector General, Code W, Washington, DC, 20546-0001, 
(202) 358-1220.
[FR Doc. 01-13812 Filed 5-31-01; 8:45 am]
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