[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