[Federal Register Volume 59, Number 111 (Friday, June 10, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13818]


[[Page Unknown]]

[Federal Register: June 10, 1994]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1801, 1802, 1804, 1805, 1807, 1809, 1815, 1822, 1823, 
1825, 1839, and 1852

[NASA FAR Supplement Directive 89-15]
RIN 2700-AB36

 

Acquisition Regulation; Miscellaneous Amendments to NASA FAR 
Supplement

AGENCY: Office of Procurement, Procurement Policy Division, National 
Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: This document amends the NASA Federal Acquisition Regulation 
Supplement (NFS) to reflect a number of miscellaneous changes dealing 
with NASA internal or administrative matters, such as redesignation of 
NASA offices and delegation of authority within NASA.

EFFECTIVE DATE: June 30, 1994.

FOR FURTHER INFORMATION CONTACT:
Mr. David K. Beck, (202) 358-0482.

SUPPLEMENTARY INFORMATION:

Availability of NASA FAR Supplement

    The NASA FAR Supplement, of which this rule is a part, is available 
in its entirety on a subscription basis from the Superintendent of 
Documents, Government Printing Office, Washington, DC 20402, telephone 
number (202) 783-3238. Cite GPO Subscription Stock Number 933-003-
00000-1. It is not distributed to the public, either in whole or in 
part, directly by NASA.

Dryden Flight Research Center and Space Station Program Office

    The following sections are changed as a result of the establishment 
of the Dryden Flight Research Center and Space Station Program Office: 
1802.101, 1804.7102-4(a), 1804.7103-2, 1805.207, 1805.303-71(b)(1), 
1807.7102(b), 1815.807-71, 1822.103-4, 1839.7003-5, and 1852.103.

Waiver of Certified Cost and Price Data for Canadian Commercial 
Corporation

    An existing waiver in 1815.804 is extended. Subparagraph 1815.804-
3(e)(4) is removed. It required NASA personnel to report use of the 
waiver to NASA Headquarters.

Delegation of Authority for Small Foreign Purchases

    Changes to 1825.7003 and 1825.7004 delegate authority and describe 
internal procedures within NASA.

Reversion of Domestic Preference to Buy American Act

    Subpart 1825.71 and clauses at 1852.225-74 and 1852.225-75 are 
removed because an appropriation act requirement for domestic 
preference was not extended beyond Fiscal Year 1991 funding. The 
domestic preference required by the Buy American Act, as implemented in 
(FAR) 48 CFR Subparts 25.1 and 25.2 and (NASA FAR Supplement) 48 CFR 
Subparts 1825.1 and 1825.2, remains in effect.

Additional Changes

    Section 1815.805-5(b) is revised in order to complete an incomplete 
sentence. Section 1815.970-3(b) is revised in order to correct a cross-
reference. A reference is corrected in 1822.870 regarding contractor 
EEO reports. A reference to Code FO is changed to Code UO and the 
division title is changed (section 1823.7002(c)). Section 1852.209-71 
is revised in order to correct two cross-references. In addition, 
section references and subpart headings are revised to reflect 
corresponding changes in the Federal Acquisition Regulation.

Impact

    NASA certifies that this regulation will not have a significant 
economic effect on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

List of Subjects in 48 CFR Parts 1801, 1802, 1804, 1805, 1807, 
1809, 1815, 1822, 1823, 1825, 1839, and 1852

    Government procurement.
Tom Luedtke,
Deputy Associate Administrator for Procurement.

    Accordingly, 48 CFR parts 1801, 1802, 1804, 1805, 1807, 1809, 1815, 
1822, 1823, 1825, 1839, and 1852 are amended as follows.
    1. The authority citation for 48 CFR parts 1801, 1802, 1804, 1805, 
1807, 1809, 1815, 1822, 1823, 1825, 1839, and 1852 continues to read as 
follows:

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

PART 1801--PURPOSE, AUTHORITY, ISSUANCE

    2. The title of subpart 1801.6 is revised to read as follows:

Subpart 1801.6--Career Development, Contracting Authority, and 
Responsibilities

PART 1802--DEFINITIONS OF WORDS AND TERMS

    3. In section 1802.101, the term ``field installation'' is revised 
to read as follows:


1802.101  Definitions.

* * * * *
    Field installation means Ames Research Center, Dryden Flight 
Research Center, Goddard Space Flight Center, John F. Kennedy Space 
Center, Langley Research Center, Lewis Research Center, Johnson Space 
Center, George C. Marshall Space Flight Center, Space Station Program 
Office, John C. Stennis Space Center, or any other field installation 
established by NASA in the future.
* * * * *

PART 1804--CONTRACT REPORTING

    4. Section 1804.7102-4 is amended in paragraph (a) by removing the 
entry for ``Space Station Procurement Office'' and adding the following 
entries in alphabetical order in the table as follows:


1804.7102-4  Assigned contract or agreement prefixes.

    (a) * * * 

------------------------------------------------------------------------
                        Installation                            Prefix  
------------------------------------------------------------------------
                                  *****                                 
                                                                        
Dryden Flight Research Center...............................  NAS4      
                                  *****                                 
                                                                        
Space Station Program Office................................  NAS15     
                                  *****                                 
------------------------------------------------------------------------

    5. Section 1804.7103-2 is amended by removing the entry for ``Space 
Station Procurement Office'' and adding the following entries in 
alphabetical order in the table as follows:


1804.7103-2  Assigned purchase order or request prefixes.

* * * * *

------------------------------------------------------------------------
                        Installation                            Prefix  
------------------------------------------------------------------------
                                  *****                                 
Dryden Flight Research Center...............................  E         
                                  *****                                 
Space Station Program Office................................  K         
------------------------------------------------------------------------

PART 1805--PUBLICIZING CONTRACT ACTIONS

    6. Section 1805.207 is amended in paragraph (a) by adding the 
following entries in alphabetical order in the table as follows:


1805.207  Preparation and transmittal of synopses.

    (a) * * *
Dryden Flight Research Center  8022
* * * * *
Space Station Program Office  8025
* * * * *
    7. Section 1805.303-71 is amended in paragraph (b) by revising the 
introductory text and in paragraph (b)(1) by republishing the first 
sentence and revising the second sentence to read as follows:


1805.303-71  Public Affairs Office notification.

    (a) * * *
    (b) Definitive contracts and supplemental agreements.
    (1) This paragraph (b)(1) does not pertain to supplemental 
agreements covering overruns or incremental funding actions or to 
contracts or supplemental agreements that require approval of the 
Associate Administrator for Procurement pursuant to 1804.7203. It does 
pertain to contracts, supplemental agreements, and the execution of 
options that are in an amount of $10,000,000 or over for the Dryden 
Flight Research Center, Stennis Space Center, Headquarters Acquisition 
Division, and the NASA Management Office--JPL and $25,000,000 or over 
for Ames Research Center, Goddard Space Flight Center, Johnson Space 
Center, Kennedy Space Center, Langley Research Center, Lewis Research 
Center, Marshall Space Flight Center, and Space Station program Office. 
* * *
* * * * *

PART 1807--ACQUISITION PLANNING

    8. Section 1807.7102 is amended by revising paragraph (b) to read 
as follows:


1807.7102  Applicability.

    (a) * * *
    (b) The following are monetary limitations under the Master Buy 
Plan procedures:
    (1) $10,000,000
    (i) Dryden Flight Research Center
    (ii) John C. Stennis Space Center
    (iii) NASA Management Office--JPL
    For the purpose of the initial Master Buy Plan submission only, any 
of the above installations not having any procurements at or above the 
$10 million limitation shall submit the three largest procurements over 
$5 million.
    (2) $25,000,000
    (i) Ames Research Center
    (ii) Goddard Space Flight Center
    (iii) Headquarters Acquisition Division
    (iv) Johnson Space Center
    (v) Kennedy Space Center
    (vi) Langley Research Center
    (vii) Lewis Research Center
    (viii) Marshall Space Flight Center
    (ix) Space Station Program Office
* * * * *

PART 1809--CONTRACTOR QUALIFICATIONS

    9. The title of subpart 1809.5 is revised to read as follows:

Subpart 1809.5--Organizational and Consultant Conflicts of Interest

PART 1815--CONTRACTING BY NEGOTIATION

    10. Section 1815.804-3 is amended by revising the second sentence 
in paragraph (e)(3) to read as follows and removing paragraph (e)(4):


1815.804-3   Exemptions from or waiver of submission of certified cost 
or pricing data.

* * * * *
    (e) * * *
    (3) * * * Therefore, NASA has waived the requirement for 
certification of cost or pricing data submitted by the CCC during the 
period April 1, 1990 through March 31, 1996. * * *
    11. Section 1815.807-71 is amended by revising the first sentence 
to read as follows:


1815.807-71   Installation reviews.

    Each contracting activity shall establish a formal system for the 
prenegotiation review of any proposal over $250,000 ($100,000 at Dryden 
Flight Research Center, Stennis Space Center, Jet Propulsion 
Laboratory, Space Station Program Office, and Headquarters Acquisition 
Division). * * *
    12. Section 1815.970-3 is amended in paragraph (b) by revising the 
sixth sentence to read as follows:


1815.970-3   Facilities capital cost of money.

    (a) * * *
    (b) * * * This total represents the estimated facilities capital 
cost of money amount for the contract and is the figure to be used to 
calculate the prenegotiation position memorandum objective cost and to 
reduce the profit objective in accordance with 1815.970-3(a). * * *
* * * * *

PART 1822--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

    13. Section 1822.103-4 is amended by revising the fifth sentence to 
read as follows:


1822.103-4   Approvals.

    * * * Designations to approve overtime shall be in writing and 
shall not be delegated under the first level of supervision below the 
Procurement Officer, except that delegation may be made to the head of 
a procurement function at geographically remote branch facilities 
(e.g., Wallops Flight Facility) without power of redelegation.
    14. Section 1822.870 is amended in paragraph (a) by revising the 
second sentence to read as follows:


1822.870   Reports and other required information.

    (a) * * * Such a report by the prime or subcontractor is required 
by 41 CFR 60-1.7 and paragraph (b)(7) of the clause, Equal Opportunity, 
at (FAR) 48 CFR 52.222-26.
* * * * *

PART 1823--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND 
DRUG-FREE WORKPLACE

    15. Section 1823.7002 is amended by revising paragraph (c) to read 
as follows:


1823.7002   Responsibility.

* * * * *
    (c) Headquarters occupational health official. At installations 
where medical and environmental health officers or other designated 
responsible officials are not available to assist with the formulation 
of occupational medicine and environmental health provisions of a 
contract, the Director, Occupational Health and Medicine Division, NASA 
Headquarters (Code UO), shall assume this responsibility.
* * * * *

PART 1825--FOREIGN ACQUISITION

    16. Section 1825.7003 is amended by revising the first sentence to 
read as follows:


1825.7003   Assignment of responsibility for contract negotiation.

    The Headquarters Acquisition Division (Code HW), in conjunction 
with the International Relations Division (Code IRD) and the Office of 
General Counsel, is responsible for negotiating and executing contracts 
exceeding $25,000 with foreign governments and private foreign 
organizations. * * *
    17. Section 1825.7004 is amended by revising the first sentence to 
read as follows:


1825.7004  Procedure.

    A Headquarters or field installation technical office requiring a 
foreign contract acquisition shall submit a properly approved 
procurement request (including (a) statement of work/specification, (b) 
budget estimate including shipping and duty charges, if applicable, (c) 
Justification for Other Than Full and Open Competition, (d) period of 
performance, and (e) delivery schedule) through channels to the 
Headquarters Acquisition Division (Code HW) for action. * * *
Subpart 1825.71--[Removed and Reserved]
    18. Subpart 1825.71 is removed and reserved.

PART 1839--ACQUISITION OF FEDERAL INFORMATION PROCESSING RESOURCES

    19. Section 1839.7003-5 is amended by revising paragraph (a)(2) to 
read as follows:


1839.7003-5  APR submission.

    (a) * * *
    (2) The cognizant IPOs for this purpose are: The Office of Space 
Flight (Attn: Code MIC) for Johnson Space Center, Kennedy Space Center, 
Marshall Space Flight Center, Stennis Space Center, and the Space 
Station Program Office; the Office of Aeronautics (Attn: Code RI) for 
Ames Research Center, Dryden Flight Research Center, Langley Research 
Center, and Lewis Research Center; and the Office of Space Science 
(Attn: Code SP) For Goddard Space Flight Center. For Headquarters 
acquisitions the Director, Headquarters Acquisition Division (Code HW), 
shall submit APR's directly to the Office of Management Systems and 
Facilities (Attn: Code JT) after concurrence by the SIIO in Code J.
* * * * *

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    20. Section 1852.103 is amended in paragraph (a)(1) by revising the 
second sentence to read as follows:


1852.103  Identification of provisions and clauses.

    (a) * * *
    (1) * * * The prefix shall be an alphabetical abbreviation of the 
installation name (e.g., ARC, DFRC, GSFC, HW, JSC, KSC, LARC, LERC, 
MSFC, SSC, or SSPO). * * *
* * * * *
    21. Section 1852.209-71 is amended by revising the introductory 
text to read as follows:


1852.209-71  Limitation of future contracting.

    As prescribed in 1809.507-2, the contracting officer may insert a 
clause substantially as follows in solicitations and contracts, in 
compliance with (FAR) 48 CFR 9.507-2:
* * * * *


1852.225-74 and 1852.225-75  [Removed]

    22. Sections 1852.225-74 and 1852.225-75 are removed.

[FR Doc. 94-13818 Filed 6-9-94; 8:45 am]
BILLING CODE 7510-01-M