[Federal Register Volume 66, Number 205 (Tuesday, October 23, 2001)]
[Rules and Regulations]
[Pages 53545-53549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26624]
=======================================================================
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1804, 1807, 1808, 1815, 1816, 1817, 1819, 1822, 1832,
1835, 1836, 1837, 1842, 1843, 1844, and 1852
Miscellaneous Administrative Revisions to the NASA FAR Supplement
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This is a final rule to conform the NASA FAR Supplement with
the FAR as a result of changes made by FAC's 97-20, 97-22 and 97-26,
and make editorial and miscellaneous changes dealing with NASA internal
and administrative matters.
EFFECTIVE DATE: October 23, 2001.
FOR FURTHER INFORMATION CONTACT: Celeste Dalton, NASA Headquarters
Office of Procurement, Contract Management Division (Code HK),
Washington, DC 20546, (202) 358-1645, e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 53546]]
A. Background
FAC 97-20 amended various FAR subparts and clauses to implement
sections 501(c), 502(a)(2), and 604(d) of the Veterans Entrepreneurship
and Small Business Development Act of 1999, which established new
assistance programs for veterans and service-disabled veterans who own
and operate small businesses. FAC 97-22 amended FAR Subpart 32.4 to
change certain terminology (e.g., change the word ``bank'' to
``financial institution''), and updated references in FAR Subpart 42.2
to the Defense Contract Management Agency. FAC 97-26 designated Federal
Business Opportunities (``FedBizOpps'') as the Governmentwide Point of
Entry (GPE) as the single point of universal electronic public access
to Governmentwide procurement opportunities. This final rule makes
changes to the NFS necessary to conform to the changes in FAC's 97-20,
97-22 and 97-26. Miscellaneous changes dealing with NASA internal and
administrative matters included in this rule are: revisions to NASA's
acquisition planning, award fee, letter contract, and undefinitized
contract action (UCA) coverage to ensure that the use of letter
contracts and UCAs is minimized and properly authorized; revised
procedures for electronic submission of Master Buy Plans; clarification
of authority to approve D&Fs under the Economy Act where the servicing
agency is not subject to the FAR; update of terminology used in the
clause addressing restrictions on printing and duplicating; update
internal procedures under NASA research announcements; and update of
award fee evaluation factors to include veteran-owned small business
and service-disabled veteran-owned small business concerns. This rule
also makes amendments to the NFS to update references and make
editorial changes.
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 does not
impose any new requirements.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the NFS do 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.
List of Subjects in 48 CFR Parts 1804, 1807, 1808, 1815, 1816,
1817, 1819, 1822, 1832, 1835, 1836, 1837, 1842, 1843, 1844, and
1852
Government procurement.
Tom Luedtke,
Associate Administrator for Procurement.
Accordingly, 48 CFR Parts 1804, 1807, 1808, 1815, 1816, 1817, 1819,
1822, 1832, 1835, 1836, 1837, 1842, 1843, 1844, 1845, and 1852 are
amended as follows:
1. The authority citation for 48 CFR Parts 1804, 1807, 1808, 1815,
1816, 1817, 1819, 1822, 1832, 1835, 1836, 1837, 1842, 1843, 1844, 1845,
and 1852 continues to read as follows:
Authority: 42 U.S.C. 2473(c)(1).
PART 1804--ADMINISTRATIVE MATTERS
2. Revise section 1804.402 to read as follows:
1804.402 General.
(b) NASA security policies and procedures are prescribed in NPD
1600.2A, NASA Security Policy; NPG 1600.6A, Communications Security
Procedures and Guidelines; NPG 1620.1, Security Procedures and
Guidelines; NPG 2810.1 and NPD 2810.1 Security of Information
Technology.
3. Revise sections 1804.570-1 and 1804.570-2 to read as follows:
1804.570-1 General.
The NASA Acquisition Internet Service (NAIS) provides an electronic
means for posting procurement synopses, solicitations, and associated
information on the NAIS Internet site which in turn, automatically
posts relevant information onto the Governmentwide point of entry
(GPE).
1804.570-2 Electronic Posting System.
(a) The NAIS Electronic Posting System (EPS) enables the NASA
procurement staff to--
(1) Electronically create and post synopses on the NAIS Internet
site and the GPE; and
(2) Post solicitation documents, including solicitation amendments
or cancellations, and other procurement information on the NAIS
Internet site with linked references on the GPE.
(b) The EPS maintains an on-line index linking the posted synopses
and solicitations for viewing and downloading.
(c) The EPS shall be used to--
(1) Create and post all synopses in accordance with FAR part 5 and
NFS 1805; and
(2) Post all competitive solicitation files, excluding large
construction and other drawings, for acquisitions exceeding $25,000.
(d) The NAIS is the official site for solicitation postings which
in turn, automatically posts relevant information onto the Government-
wide point of entry (GPE). In the event supporting materials, such as
program libraries, cannot be reasonably accommodated by the NAIS,
Internet sites external to NAIS may be established after coordination
with the contracting officer. Such sites must be linked from the NAIS
business opportunities index where the solicitation resides. External
sites should not duplicate any of the files residing on the NAIS.
1804.7103 [Amended]
4. Amend section 1804.7103 in the first sentence of paragraph (b)
by removing ``number'' and adding ``numbers'' in its place.
PART 1807--ACQUISITION PLANNING
5. Revise paragraph (b)(10) of section 1807.105 to read as follows:
1807.105 Contents of written acquisition plans.
* * * * *
(b) (10) Address contract management issues, including--
(A) Planned delegations of administrative functions; and
(B) When contract changes are anticipated, the plan to manage such
changes and the specific measures that will be taken to minimize the
issuance of undefinitized contract actions.
* * * * *
6. Revise section 1807.7103 to read as follows:
1807.7103 Format of Master Buy Plan.
In accordance with the requirements of 1807.7102-1 and 1807.7102-2,
installations must prepare Master Buy Plans and amendments to Master
Buy Plans in accordance with the Master Buy Plan Database (MBPD)
instructions at http://www/hq.nasa.gov/office/ procurement/regs/
Table1807.doc and submit them in accordance with the MBPD User Manual
Instructions listed at http://ec.msfc.nasa.gov/hq/ library/mbp.User
Guide.html.
7. Delete Table 1807-1.
PART 1808--REQUIRED SOURCES OF SUPPLIES AND SERVICES
8. Revise section 1808.802 to read as follows:
1808.802 Policy.
(b)(i) The Headquarters Chief Information Officer (Code AO) is the
NASA central printing authority.
[[Page 53547]]
(ii) Requests for approval to contract for printing supplies or
services shall be addressed to Code AO. Approval to contract for such
supplies or services is restricted to those requirements meeting the
following conditions:
(A) An individual order is under $1,000;
(B) The order is not of a continuing or repetitive nature; and,
(C) The Public Printer certifies it cannot be provided more
economically through the GPO.
PART 1815--CONTRACTING BY NEGOTIATIONS
1815.404-2 [Amended]
9. Amend section 1815.404-2 in the last sentence of paragraph (C)
by removing ``DCMC'' and adding ``DCMA'' in its place.
1815.604 [Amended]
10. In section 1815.604, amend paragraph (a) by removing the URL
``http://ec.msfc.nasa.gov/msfc/nasahdbk.html'' and adding ``http://ec.msfc.nasa.gov/hq/library/unSol-Prop.html'' in its place.
PART 1816--TYPES OF CONTRACTS
1816.104-70 [Amended]
11. Amend section 1816.104-70 in the first sentence of paragraph
(a) by removing ``FAR 37.101'' and adding ``FAR 2.101'' in its place.
12. Amend section 1816.405-274 by revising paragraphs (g)(1) and
(g)(4); redesignating paragraphs (h) and (i) as (i) and (j)
respectively; and adding new paragraph (h) to read as follows:
1816.405-274 Award fee evaluation factors.
* * * * *
(g)(1) The contractor's performance against the subcontracting plan
incorporated in the contract shall be evaluated. Emphasis may be placed
on the contractor's accomplishment of its goals for subcontracting with
small business, HUBZone small business, women-owned small business,
veteran-owned small business, and service-disabled veteran-owned small
business concerns.
* * * * *
(4) The evaluation weight given to the contractor's performance
against the considerations in paragraphs (g)(1) through (g)(3) of this
section should be significant (up to 15 percent of available award
fee). The weight should motivate the contractor to focus management
attention to subcontracting with small, HUBZone, women-owned, veteran-
owned, and service-disabled veteran-owned small business concerns, and
with small disadvantaged business concerns in designated NAICS Major
Groups to the maximum extent practicable, consistent with efficient
contract performance.
(h) When contract changes are anticipated, the contractor's
responsiveness to requests for change proposals should be evaluated.
This evaluation should include the contractor's submission of timely,
complete proposals and cooperation in negotiating the change.
* * * * *
13. Add section 1816.603-2 to read as follows:
1816.603-2 Application.
(a) Centers must ensure that NASA liabilities and commitments are
minimized under letter contracts. When a letter contract is justified
and program requirements can be severed into smaller, discreet efforts,
the work authorized by the letter contract must be limited to the
minimum severable effort required to satisfy the urgent program
requirements. The remaining requirements may not be initially included
in the letter contract and must be acquired through a separate fully
priced and definitized contract action.
PART 1817--SPECIAL CONTRACTING METHODS
14. Add paragraph (c) to the end of section 1817.503 to read as
follows:
1817.503 Determinations and findings requirements.
* * * * *
(c) The Associate Administrator for Procurement as the agency
senior procurement executive will approve all D&F's for a servicing
agency not covered by the Federal Acquisition Regulations. This
approval may not be delegated below the senior procurement executive
level.
PART 1819--SMALL BUSINESS PROGRAMS
1819.201 [Amended]
15. Amend section 1819.201 in the first sentence of paragraph
(a)(i) by adding ``veteran-owned small business, service-disabled
veteran-owned small business,'' before the word ``HUBZone''; and in
paragraph (a)(ii) by adding ``service-disabled veteran-owned small
business,'' before the word ``HUBZone''.
1819.20 [Removed]
16. Delete section 1819.202.
17. Amend Subpart 1819.3 by revising the subpart heading to read as
follows:
Subpart 1819.3--Determination of Small Business Status for Small
Business Programs
1819.705-470 [Amended]
18. Amend section 1819.705-470 in the last sentence by adding
``veteran-owned small business, service-disabled veteran-owned small
business,'' before the word ``HUBZone''.
PART 1822--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
Part 1822 [Amended]
19. Amend Part 1822 by removing ``(Code JLR)'' and adding ``(Code
JR)'', and removing ``Code JLR'' and adding ``Code JR'' in each
occurrence.
PART 1832--CONTRACT FINANCING
20. Amend section 1832.006-2 by revising the section heading to
read as follows:
1832.006-2 Definition.
1832.410 [Amended]
21. Amend section 1832.410 in paragraph (b)(ii) by removing
``bank'' each time it appears, and adding ``financial institution'' in
its place.
PART 1835--RESEARCH AND DEVELOPMENT CONTRACTING
22. Amend section 1835.016-71 by revising paragraph (b)(1);
redesignating paragraphs (c)(2)(i)(B) through (c)(2)(i)(G) as
paragraphs (c)(2)(i)(C) through (c)(2)(i)(H); adding new paragraph
(c)(2)(i)(B) and in paragraph (d)(4) by removing ``best and final
offers'' and adding ``final proposal revisions'' in its place. The
revisions read as follows:
1835.016-71 NASA Research Announcements.
* * * * *
(b) Issuance. (1) Before issuance, each field-generated NRA shall
be approved by the installation director or designee, with the
concurrence of the procurement officer, and each Headquarters-generated
NRA shall be approved by the cognizant Program Associate Administrator
or designee, with the concurrence of the Headquarters Offices of
General Counsel (Code GK) and Procurement (Code HS). In addition, the
issuing office shall obtain input from the cognizant offices
responsible for matters of safety and mission assurance, occupational
health, environmental protection, information technology, export
control, and security. Input shall also be obtained from the
appropriate systems safety organization
[[Page 53548]]
for NRA's that may involve potentially hazardous operations such as
those related to flight and/or mission critical ground systems. The NRA
approval authority shall designate the selection official.
* * * * *
(c) * * *
(2) * * *
(i) * * *
(B) The following statement concerning safety:
``Safety is the freedom from those conditions that can cause
death, injury, occupational illness, damage to or loss of equipment
or property, or damage to the environment. NASA's safety priority is
to protect: (1) The public, (2) astronauts and pilots, (3) the NASA
workforce (including employees working under NASA instruments), and
(4) high-value equipment and property.
* * * * *
PART 1836--CONSTRUCTION AND ARCHITECT-ENGINEEER CONTRACTS
1836.602-1 [Amended]
23. Amend section 1836.602-1 by removing the paragraph designation
``(a)(7)'' and adding ``(a)(6)'' in its place.
PART 1837--SERVICE CONTRACTING
1837.104 [Amended]
24. Amend section 1837.104 in the last sentence of paragraph (b) by
removing ``NPD 3000.1, Management of Human Resources'' and adding ``NPG
3300.1, Appointment of Personnel To/From NASA, Chapter 4, Employment of
Experts and Consultants'' in its place.
1837.203 [Amended]
25.-26. Amend section 1837.203(c) by deleting ``NPD 3000.1,
Management of Human Resources'' and adding ``NPG 3300.1, Appointment of
Personnel To/From NASA, Chapter 4, Employment of Experts and
Consultants'' in its place.
PART 1842--CONTRACT ADMINISTRATION AND AUDIT SERVICES
1842.302 [Amended]
27. Amend section 1842.302 by removing ``DCMC'' and adding ``DCMA''
in its place.
28. Amend section 1842.7301 by revising paragraphs (e)(1)
introductory text and (e)(1)(ii) to read as follows:
1842.7301 NASA external audit follow-up system.
* * * * *
(e)(1) The terms ``resolution'' and ``corrective action/
disposition'' are defined as follows:
* * *
(ii) Corrective action/disposition--Management action responsive to
an agreed upon audit recommendation.
* * * * *
PART 1843--CONTRACT MODIFICATIONS
1843.205-70 [Amended]
29. Amend section 1843.205-70 by deleting the last sentence of
paragraph (a)(1).
30. Revise section 1843.7002 to read as follows:
1843.7002 Policy.
(a) Undefinitized contract actions may be issued only on an
exception basis, and centers must ensure that NASA liabilities and
commitments are minimized. When an undefinitized contract action is
justified and program requirements can be severed into smaller,
discreet efforts, the work authorized by the undefinitized contract
action must be limited to the minimum severable effort required to
satisfy the urgent program requirements. The remaining requirements may
not be initially included in the undefinitized contract action and must
be acquired through a separate fully priced and definitized contract
action.
(b) The contract file for each UCA shall be documented to justify
issuance and shall include a Government estimate for the changed
requirements.
31. Amend section 1843.7003 by revising paragraph (a) and the first
sentence of paragraph (b)(1) to read as follows:
1843.7003 Procedures.
(a)(1) Issuance of undefinitized contract actions with a Government
estimated cost or price over $100,000 must be approved in writing by
the Center Director.
(2) All other undefinitized contract actions must be approved in
writing by the procurement officer.
(3) In emergency situations, approval may be given orally and
subsequently confirmed in writing.
(4) The approval authorities in paragraphs (a)(1) and (2) of this
section are not delegable.
(b)(1) Undefinitized contract actions exceeding $100,000 must be
issued as bilateral agreements setting forth a ceiling price or ``not
to exceed'' estimated cost figure for the changed contractual
requirements.* * *
* * * * *
32. Revise the introductory text of paragraph (a) of section
1843.7004 to read as follows:
1843.7004 Exceptions.
(a) Exceptions to the requirement for Center Director or
procurement officer approval of undefinitized contract actions are--
* * * * *
PART 1844--SUBCONTRACTING POLICIES AND PROCEDURES
1844.302-70 [Amended]
33. Amend section 1844.302-70 by removing ``DCMC'' in the heading
and adding ``DCMA'' in its place; removing ``Command (DCMC)'' in the
introductory text and adding ``Agency (DCMA)'' in its place; and
removing ``DCMC'' each time it appears in paragraphs (c) and (e) and
adding ``DCMA'' in its place.
1844.302-71 [Amended]
34.-35. Amend section 1844.302-71 in the introductory text to by
removing ``DCMC'' each time it appears and adding ``DCMA'' in its
place.
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1852.204-74 [Amended]
36. Amend the clause at section 1852.204-74 by revising the date of
the clause to read October 2001 and removing ``Government and'' from
the introductory text of paragraph (a)(4) and adding ``and Government''
in its place.
37. Revise section 1852.208-81 to read as follows:
1852.208-81 Restrictions on Printing and Duplicating.
As prescribed in 1808.870, insert the following clause:
Restrictions on Printing and Duplicating October 2001
(a) The Contractor may duplicate or copy any documentation
required by this contract in accordance with the provisions of the
Government Printing and Binding Regulations, No. 26, S. Pub 101-9,
U.S. Government Printing Office, Washington, DC, 20402, published by
the Joint Committee on Printing, U.S. Congress.
(b) The Contractor shall not perform, or procure from any
commercial source, any printing in connection with the performance
of work under this contract. The term ``printing'' includes the
processes of composition, platemaking, presswork, duplicating, silk
screen processes, binding, microform, and the end items of such
processes and equipment.
(c) The Contractor is authorized to duplicate or copy production
units provided the requirement does not exceed 5,000 production
units of any one page or 25,000 units in the aggregate of multiple
pages. Such pages may not exceed a maximum image size of 10-\3/4\ by
14-\1/4\ inches. A ``production
[[Page 53549]]
unit'' is one sheet, size 8-\1/2\ x 11 inches (215 x 280 mm), one
side only, and one color ink.
(d) This clause does not preclude writing, editing, preparation
of manuscript copy, or preparation of related illustrative material
as a part of this contract, or administrative duplicating/copying
(for example, necessary forms and instructional materials used by
the Contractor to respond to the terms of the contract).
(e) Costs associated with printing, duplicating, or copying in
excess of the limits in paragraph (c) of this clause are unallowable
without prior written approval of the Contracting Officer. If the
Contractor has reason to believe that any activity required in
fulfillment of the contract will necessitate any printing or
substantial duplicating or copying, it immediately shall provide
written notice to the Contracting Officer and request approval prior
to proceeding with the activity. Requests will be processed by the
Contracting Officer in accordance with the provisions of the
Government Printing and Binding Regulations, NFS 1808.802, and NPG
1490.5, NASA Procedures and Guidelines for Printing, Duplicating,
and Copying Management.
(f) The Contractor shall include in each subcontract which may
involve a requirement for any printing, duplicating, and copying in
excess of the limits specified in paragraph (c) of this clause, a
provision substantially the same as this clause, including this
paragraph (f).
(End of clause)
38. Amend Alternate I to the provision at section 1852.223-73 by
revising the date to read October 2001 and removing ``Contractor'' in
the second sentence and adding ``Contracting'' in its place.
39. Amend section 1852.243-70 by revising the date of the clause
and paragraphs (a) and (b) to read as follows:
1852.243-70 Engineering Change Proposals.
* * * * *
Engineering Change Proposals October 2001
(a) Definitions.
``ECP'' means an Engineering Change Proposal (ECP) which is a
proposed engineering change and the documentation by which the
change is described, justified, and submitted to the procuring
activity for approval or disapproval.
(b) Either party to the contract may originate ECPs.
Implementation of an approved ECP may occur by either a supplemental
agreement or, if appropriate, as a written change order to the
contract.
* * * * *
[FR Doc. 01-26624 Filed 10-22-01; 8:45 am]
BILLING CODE 7510-01-P