[Federal Register Volume 60, Number 140 (Friday, July 21, 1995)]
[Rules and Regulations]
[Pages 37598-37599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17863]



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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1825


Revision to NASA FAR Supplement Coverage on Foreign Contracts

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

ACTION: Final rule.

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SUMMARY: NASA is deleting the requirement that NASA Headquarters must 
be responsible for placing all NASA foreign contracts. The policy 
change will provide center procurement offices the authority to support 
their own technical offices for foreign requirements. This change 
supports the Headquarters focus of streamlining procurement operations 
by shifting operations to centers and placing authority with the 
activity that has the requirement. NASA is also deleting the 
requirement for centers to coordinate with Headquarters before awarding 
a contract for a designated-country end product as identified under the 
Trade Agreements Act of 1979. NASA is revising the policy to indicate 
when coordination with NASA Headquarters

[[Page 37599]]
is required and what information must be provided during the 
coordination process.

EFFECTIVE DATE: July 21, 1995.

ADDRESSES: Office of Procurement, Contract Management Division (Code 
HK), NASA Headquarters, 300 E Street SW., Washington, DC 20546.

FOR FURTHER INFORMATION CONTACT:
Ms. Deborah O'Neill, (202) 358-0440.

SUPPLEMENTARY INFORMATION:

Background

    This rule deletes the requirement for the responsibility of placing 
all of NASA's foreign contracts at NASA Headquarters. NASA policy had 
required that all foreign contracts be placed by the NASA Headquarters 
Acquisition Division within the Office of Procurement. The reason for 
centralizing the placement of foreign contracts was that some of the 
requirements for contract clauses imposed by U.S. laws conflict with 
statutory prohibitions imposed by foreign countries. The resolution of 
those issues could require close coordination among the NASA 
Headquarters External Relations Office, Office of General Counsel, the 
Office of Procurement, and the Department of State. However, the 
Headquarters Acquisition Division does not provide procurement support 
to other center project offices for their requirements. In a move to 
streamline the procurement process and provide efficient operations, 
the center procurement offices will support their own technical office 
for foreign requirements. Headquarters will maintain points of contact 
in the Offices of Procurement, General Counsel (Contracts), and 
External Relations for advice regarding contractual, international, and 
legal issues.

Availability of NASA FAR Supplement

    The NASA FAR Supplement, of which this proposed coverage will 
become a part, is codified in 48 CFR chapter 18, and is available in 
its entirety on a subscription basis from the Superintendent of 
Documents, Government Printing Office, Washington, DC 20402. Cite GPO 
Subscription Stock Number 933-003-00000-1. It is not distributed to the 
public, whether in whole or in part, directly by NASA.

Regulatory Flexibility Act

    NASA certifies that this proposed 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.).

Paperwork Reduction Act

    This rule does not impose any information collection subject to 44 
U.S.C. chapter 35.

List of Subjects in 48 CFR Part 1825

    Government procurement.

Thomas S. Luedtke,
Deputy Associate Administrator for Procurement.

    Accordingly, 48 CFR part 1825 is amended as follows:
    1. The authority citation for 48 CFR part 1825 continues to read as 
follows:

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

PART 1825--FOREIGN CONTRACTS


1825.402-70  [Removed]

    2. Section 1825.402-70 is removed.
    3. Section 1825.7002 is revised to read as follows:


1825.7002  Policy

    (a) Each contracting office (including NMO JPL) shall coordinate 
with the Headquarters Office of External Relations, International 
Relations Division (Code IR), before initiating any foreign contract 
acquisition if the acquisition is valued above $100,000 or involves--
    (1) Importing or exporting goods or services from or to a country 
listed in 22 CFR 126.1(a) or (d) (Subchapter M, the International 
Traffic in Arms Regulations);
    (2) Importing or exporting Defense Articles or Defense Services on 
the United States Munitions List at 22 CFR part 121 which require NASA 
to obtain a license from the State Department's Office of Defense Trade 
Controls;
    (3) Exporting goods or services on the Commerce Control List at 15 
CFR part 799 and that require NASA to obtain either a Special or an 
Individual Validated License;
    (4) Importing and/or exporting goods or services from or to an 
entity listed in 15 CFR part 788, Supplements 1 through 4; or
    (5) Exporting and/or importing of goods, technology, or services to 
or from any entity subject to transaction control, embargo, or 
sanctions pursuant to 31 CFR Chapter V. (b) All coordination required 
between NASA and the Departments of Commerce, State, and Treasury 
regarding foreign contract acquisitions shall be accomplished through 
Headquarters Code IR. The Headquarters designated points of contact for 
issues related to particular foreign procurement acquisition is Code HK 
in the Office of Procurement, Code GK in the Office of General Counsel, 
and Code IR in the Office of External Relations. Deviation requests 
shall be made in accordance with 48 CFR part 1801.471 and shall be 
coordinated prior to or during negotiations.


1825.7003  [Removed]

    4. Section 1825.7003 is removed.

1825.7004  [Redesignated as 1825.7003]

    5. Section 1825.7004 is redesignated as 1825.7003 and is revised to 
read as follows:


1825.7003  Procedure.

    The Headquarters or field installation technical office requiring a 
foreign contract acquisition meeting any of the criteria listed in 
1825.7002 shall submit the following information to Headquarters Code 
IR--
    (a) The name of the foreign entity, the country or countries 
involved, and the purpose of the contract;
    (b) The Space Act agreement(s) involved (pursuant to NMI 1050.9), 
if any;
    (c) A description of the goods or services requiring prior written 
approval or the issuance of the license for their import or export from 
the Departments of Commerce, State, or Treasury; and
    (d) The reason why the procurement is being placed with a foreign 
entity.


1825.7005  [Redesignated as 1825.7004]

    6. Section 1825.7005 is redesignated as 1825.7004 and is revised to 
read as follows:


1825.7004  Assignment of contract administration for contracts 
performed in Canada.

    (a) When, in accordance with FAR part 42, contract administration 
and related support service functions of the Defense Contract 
Management Command are desired for a contract to be performed in Canada 
(whether placed with Canadian commercial Corporation or directly with a 
Canadian firm), a letter or delegation shall be issued to--Defense 
Logistics Agency, DCMAO Canada, 275 Bank St., suite 200, Ottawa, 
Ontario, Canada K2P 2L6.
    (b) So that DCMAO Canada can utilize the capabilities of Canadian 
Government agencies in performing contract administration services 
functions, each letter of delegation shall provide that DCMAO Canada is 
delegated authority to act as the contracting officer's representative, 
with power of further delegation for the performance of the requested 
services.


1825.7006  [Removed]

    7. Section 1825.7006 is removed.
[FR Doc. 95-17863 Filed 7-20-95; 8:45 am]
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