[Federal Register Volume 67, Number 88 (Tuesday, May 7, 2002)]
[Rules and Regulations]
[Pages 30602-30604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11168]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 18
RIN 2700-AC33
NASA FAR Supplement--Conformance With FACs 01-01, 01-02, and 01-
06; and Miscellaneous Administrative and Technical Revisions
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: This is a final rule to conform the NASA FAR Supplement with
the FAR as a result of changes made by FAC's 01-01, 01-02, and 01-06;
and make editorial and miscellaneous changes dealing with NASA internal
and administrative matters.
EFFECTIVE DATE: May 22, 2002.
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:
A. Background
Item IV of FAC 01-01 amended various FAR subparts and clauses to
implement recent statutory and regulatory changes relating to veterans'
employment opportunities and reporting. Item II of FAC 01-02 amended
various FAR subparts to implement Executive Order 13123 of June 3,
1999, Greening the Government through Efficient Energy Management. Item
III of FAC 01-02 amended various FAR subparts and clauses to reflect
changes to the Office of Management and Budget (OMB) prompt payment
requirements and clarify existing FAR prompt payment coverage. Item V
of FAC 0106 amended various FAR subpart to rewrite procurement
integrity coverage in plan language. This final rule makes changes to
NFS parts 1803, 1811, 1822, 1823, and 1832 necessary to conform to the
changes in FAC's 01-01,01-02, and 01-06. Additional changes dealing
with NASA internal and administrative matters included in this rule
clarify the approval authority for letter contracts and that
``instrument'' means the award document when referring to contracts,
grants, cooperative agreement, or other agreement. Changes are made to
subparts 1806.3 and 1819.70 to delete text duplicative of the FAR.
Changes are made to clauses in part 1852 to identify optional (though
preferable) forms for submission of information about technology
innovations under NASA contracts and to identify the web site where
these forms are available. Editorial changes are made throughout the
NFS to reflect title changes. Lastly, technical amendments are made to
subpart 1804.74 and part 1852 to update url listings. This is not a
significant regulatory action and, therefore, was not subject to review
under Section 6(b) of Executive Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This final rule is not a major rule
under 5 U.S.C. 804.
B. Regulatory Flexibility Act
NASA certifies that this rule will not have a significant economic
impact on a substantial number of small 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 1801 through 1809, 1811, 1812,
1815 through 1817, 1819, 1822, 1823, 1825, 1828 through 1830, 1832,
1835 through 1837, 1842, 1845, 1848 through 1850, and 1852
Government procurement.
Tom Luedtke,
Assistant Administrator for Procurement.
Accordingly, 48 CFR Chapter 18, Parts 1801 through 1809, 1811,
1812, 1815 through 1817, 1819, 1822, 1823, 1825, 1828 through 1830,
1832, 1835 through 1837, 1842, 1845, 1848 through 1850, and 1852 are
amended as follows:
1. The authority citation for 48 CFR Chapter 18, Parts 1801 through
1809, 1811, 1812, 1815 through 1817, 1819, 1822, 1823, 1825, 1828
through 1830, 1832, 1835 through 1837, 1842, 1845, 1848 through 1850,
and 1852 continues to read as follows:
Authority: 42 U.S.C. 2473(c)(1).
2. 48 CFR Chapter 18 is amended by--
a. Removing ``Associate Administrator for Procurement'' and adding
``Assistant Administrator for Procurement'' in its place each time it
appears;
b. Removing ``Associate Administrator for Management Systems and
Facilities'' and adding ``Assistant Administrator for Management
Systems'' in its place each time it appears;
c. Removing ``Associate Administrator for Equal Opportunity
Programs'' and adding ``Assistant Administrator for Equal Opportunity
Programs'' in its place each time it appears;
d. Removing ``Associate Administrator for Small and Disadvantage
Business Utilization'' and adding ``Assistant Administrator for Small
and Disadvantage Business Utilization'' in its place each time it
appears;
e. Removing ``Associate Administrator for Headquarters Operations''
and adding ``Director for Headquarters Operations'' in its place each
time it appears; and
f. Removing ``Deputy Associate Administrator for Procurement'' and
adding ``Deputy Assistant Administrator for Procurement'' in its place
each time it appears.
[[Page 30603]]
PART 1803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
3. Redesignate section 1803.104-3 as 1803.104-1.
4. Redesignate section 1803.104-5 as 1803.104-4 and amend the newly
designated section 1803.104-4 by--
a. Revising the title to read as follows:
1803.104-4 Disclosure, protection, and marking of contractor bid or
proposal information and source selection information.
b. In paragraph (a)(ix), removing ``1803.104-5(a)(i)'' and adding
``1803.104-4(a)(i)'' in its place;
c. In paragraph (c)(i), removing--
(1) ``FAR 3.104-3'' and adding ``FAR 2.101'' in its place; and
(2) ``FAR 3.104-5(c)'' and adding ``FAR 3.104-4(c)'' in its place.
d. In paragraph (c)(ii), add ``2.101 and'' immediately before
``3.104'' in the first sentence.
5. Redesignate section 1803.104-10 as 1803.104-7.
PART 1804--ADMINISTRATIVE MATTERS
1804.7403 [Amended]
6. Amend section 1804.7403 in paragraph (a)(1) by removing ``http://www.ccr2000. com'' and adding``
http://www.ccr. gov'' in its place.
PART 1806--COMPETITION REQUIREMENTS
1806.303-170 [Amended]
7. Amend section 1806.303-170 by removing the last sentence.
PART 1811--DESCRIBING AGENCY NEEDS
8. Revise section 1811.101 to read as follows:
1811.101 Order of precedence for requirements documents.
(a) Safeguards to ensure safety, security, and environmental
protection must be included, as applicable, in requirements documents.
(b)(2) Requirements for the use of environmentally preferable
products will be established in accordance with NPG 8830.1,
``Affirmative Procurement Plan for Environmentally Preferable
Products.'' Requirements for the use of energy and water efficient
products and the use of renewable energy technology will be established
in accordance with NPG 8570.1, ``Energy Conservation Technologies and
Practices.''
PART 1816--TYPES OF CONTRACTS
9. In section 1816.104-70, revise paragraph (b) to read as follows:
1816.104-70 Contract type for performance-based contracting (PBC).
* * * * *
(b) A PBC is a completion form of contract (something is
accomplished). Term/level-of-effort, time-and-materials and labor hour
contracts are not PBC.
10. Revise section 1816.603-370 to read as follows:
1816.603-370 Approvals.
(a)(1) The approval authority to issue a letter contract is--
(i) The Assistant Administrator for Procurement when the estimated
value of the definitized contract is equal to or greater than the
Master Buy Plan (MBP) submission threshold of 1807.7101;
(ii) The procurement officer when the estimated value of the
definitized contract is below the MBP submission threshold; and
(iii) The Assistant Administrator for Procurement for any
modification of an undefinitized letter contract approved by the
procurement officer that increases the estimated value of the
definitized contract to an amount equal to or above the MBP submission
threshold. This approval must be obtained prior to issuing the
modification.
(2) The procurement officer must sign all requests for approval by
the Assistant Administrator for Procurement and submit them to Code HS.
(b) All requests for authority to issue a letter contract must
include the following:
(1) Contractor name and address.
(2) Place of performance.
(3) Contract number, including modification number, if applicable.
(4) Brief description of the work or services to be performed.
(5) Performance period or delivery schedule for both the letter
contract and definitized contract.
(6) Estimated value of the work authorized by the letter contract.
(7) Estimated value of the definitized contract.
(8) Contract type of the definitized contract.
(9) A statement that the definitized contract will contain all
required clauses or identification of approved specific clause
deviations.
(10) Complete justification of the necessity for the letter
contract, including the advantages to the Government and a description
of the efforts to avoid its issuance or to minimize its scope.
(11) The definitization schedule described in FAR 16.603-2(c)
expected to be negotiated with the contractor.
PART 1819--SMALL BUSINESS PROGRAMS
1819.7001 [Removed]
11. Remove section 1819.7001.
PART 1822--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
12. Revise Subpart 1822.13 to read as follows:
Subpart 1822.13--Special Disabled Veterans, Veterans of the Vietnam
ERA, and Other Eligible Veterans
1822.1305 Waivers.
(c) Requests for waivers shall be submitted to the Assistant
Administrator for Equal Opportunity Programs (Code E).
1822.1308 Complaint procedures.
Contracting officers shall submit all complaints to the Assistant
Administrator for Equal Opportunity Programs (Code E).
PART 1823--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
13. Revise the title of Part 1823 to read as set forth above.
14. Add Subpart 1823.2 to read as follows:
Subpart 1823.2--Energy and Water Efficiency and Renewable Energy
1823.203 Energy-efficient products.
Responsibility, policy and procedures for NASA's implementation of
FAR 23.203, including cost-effectiveness, are described in NPG 8570.1,
``Energy Efficiency and Water Conservation Technologies and
Practices.''
15. Add Subpart 1823.4 to read as follows:
Subpart 1823.4--Use of Recovered Materials
1823.404 Agency affirmative procurement programs.
NASA's affirmative procurement program is described in the
Affirmative Procurement Plan for Environmentally Preferable Products
(NPG 8830.1)
16. Add Subpart 1823.7 to read as follows:
[[Page 30604]]
Subpart 1823.7--Contracting for Environmentally Preferable Products
and Services
1823.703 Policy.
Responsibility, policy and procedures for NASA's implementation of
FAR 23.703 is described in NPG 8570.1, ``Energy Efficiency and Water
Conservation Technologies and Practices''.
PART 1832--CONTRACT FINANCING
17. Add section 1832.007 to read as follows:
1832.007 Contract financing payments.
(a)(1) Except as authorized in 1832.908, it is NASA's policy to
make contract financing payments on the 30th day after the designated
billing office has received a proper request. However, the due date for
making contract financing payments for a specific contract may be
earlier than the 30th day, but not earlier than 7 days, after the
designated billing office has received a proper request, provided that:
(i) The contractor provides consideration whose value is determined
to be greater than the cost to the United States Treasury of interest
on funds paid prior to the 30th day, calculated using the Current Value
of Funds Rate published annually in the Federal Register (subject to
quarterly revision);
(ii) The contracting officer approves the payment date change, with
the concurrence of the installation Financial Management Officer; and
(iii) The contract file includes documentation regarding the value
of the consideration and the analysis determining that value.
1832.906 [Removed]
18. Remove section 1832.906.
1832.908 [Amended]
19. Amend section 1832.908 by redesignating paragraph (c)(3) as
(c)(2).
PART 1835--RESEARCH AND DEVELOPMENT CONTRACTING
1835.016-71 [Amended]
20. In section 1835.016-71, amend the last sentence of paragraph
(c)((2)(B) by removing ``NASA instruments'' and adding ``NASA award
instruments'' in its place.
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1852.204-74 [Amended]
21. Section 1852.204-74 is amended as follows:
a. The clause date is revised to read ``May 2002''; and
b. In paragraph (d) remove ``http://www.ccr2000.com'' and add
``http://www.ccr.gov'' in its place.
22. Revise section 1852.227-11 to read as follows:
1852.227-11 Patent Rights--Retention by the Contractor (Short Form).
As prescribed at 1827.303-70(a), modify the clause at FAR 52.227-11
by adding the following subparagraph (5) to paragraph (c) of the basic
clause; adding the following subparagraph (5) to paragraph (f); and
using the following subparagraph (2) in lieu of subparagraph (g)(2) of
the basic clause:
(c)(5) The Contractor may use whatever format is convenient to
disclose subject inventions required in subparagraph (c)(1). NASA
prefers that the contractor use either the electronic or paper
version of NASA Form 1679, Disclosure of Invention and New
Technology (Including Software) to disclose subject inventions. Both
the electronic and paper versions of NASA Form 1679 may be accessed
at the electronic New Technology Reporting Web site http://invention.nasa.gov.
(End of addition)
(f)(5) The Contractor shall provide the Contracting Officer the
following:
(i) A listing every 12 months (or such longer period as the
Contracting Officer may specify) from the date of the contract, of
all subject inventions required to be disclosed during the period.
(ii) A final report prior to closeout of the contract listing
all subject inventions or certifying that there were none.
(iii) Upon request, the filing date, serial number and title, a
copy of the patent application, and patent number and issue date for
any subject invention in any country in which the contractor has
applied for patents.
(iv) An irrevocable power to inspect and make copies of the
patent application file, by the Government, when a Federal
Government employee is a coinventor.
(End of addition)
(g)(2) The Contractor shall include the clause in the NASA FAR
Supplement at 1852.227-70, New Technology, suitably modified to
identify the parties, in all subcontracts, regardless of tier, for
experimental, developmental, research, design, or engineering work
to be performed by other than a small business firm or nonprofit
organization.
(End of substitution)
23. Amend the clause at section 1852.227-70 by revising the date of
the clause; redesignating paragraphs (e)(3) through (e)(5) as (e)(4)
through (e)(6) respectively; and adding new paragraph (e)(3) to read as
follows:
1852.227-70 New Technology.
* * * * *
New Technology
(May 2002)
(e) * * *
(3) The Contractor may use whatever format is convenient to
disclose reportable items required in subparagraph (e)(2). NASA
prefers that the Contractor use either the electronic or paper
version of NASA Form 1679, Disclosure of Invention and New
Technology (Including Software) to disclose reportable items. Both
the electronic and paper versions of NASA Form 1679 may be accessed
at the electronic New Technology Reporting Web site http://invention.nasa.gov.
* * * * *
1852.235-72 [Amended]
24. Section 1852.235-72 is amended as follows:
a. The clause date is revised to read ``May 2002''; and
b. In the second sentence of paragraph (a)(4), add the word
``award'' immediately after the word ``appropriate''.
[FR Doc. 02-11168 Filed 5-6-02; 8:45 am]
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