[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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