[Federal Register Volume 63, Number 160 (Wednesday, August 19, 1998)]
[Rules and Regulations]
[Pages 44408-44409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22290]



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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1801, 1802, 1803, 1804, 1805, 1814, 1815, 1816, 1817, 
1832, 1834, 1835, 1842, 1844, 1852, 1853, 1871, and 1872


Contracting by Negotiation

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Interim rule adopted as final with changes.

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SUMMARY: This is a final rule amending the NASA FAR Supplement (NSF) 
to: conform to the regulatory changes effected by Federal Acquisition 
Circular (FAC) 97-02, FAR Part 15 Rewrite; reflect the expiration of 
the waiver to the requirement to publish a synopsis in the Commerce 
Business Daily for certain acquisitions under NASA's MidRange 
procedures; and specify that the NASA Acquisition Internet Service 
(NAIS) is the Agency Internet site for posting solicitations and other 
acquisition information.

DATES: This rule is effective August 19, 1998.

ADDRESSES: Tom O'Toole, Code HK, NASA Headquarters, 300 E Street, SW, 
Washington, DC 20456-0001.

FOR FURTHER INFORMATION CONTACT:
Tom O'Toole, (202) 358-0478.

SUPPLEMENTARY INFORMATION: 

Background

    NASA is adopting as final, with changes, the interim rule published 
in the February 27, 1998 edition of the Federal Register (63 FR 9953) 
that revised NFS part 1815, Contracting by Negotiation. Several 
comments, largely addressing the structure of the regulation rather 
than its content, were received in response to the interim rule, and 
they were considered in the development of the final rule. Editorial, 
administrative, and structural changes are included in the final rule. 
Included in these change is a revision to the NASA MidRange procedures 
to reflect the expiration of the waiver of the requirement to publish 
synopses in the Commerce Business Daily for certain acquisitions under 
NASA'S MidRange procedures. Previously, these synopses had been posted 
only on the Internet. Another administrative changes is made to 
indicate that the NASA Acquisition Internet Service (NAIS) is the 
single Agency Internet site for posting solicitations and other 
acquisition information. All the revisions in this final rule are 
considered administrative or editorial and involve no significant 
change in Agency policy.

Impact

    NASA certifies that this regulation will not have a significant 
economic impact on a substantial number of small business entities 
within the meaning of the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.) because this final rule does not impose any new requirements on 
offerors or contractors. This final rule does not impose any reporting 
or recordkeeping requirements subject to the Paperwork Reduction Act.

List of Subjects in 48 CFR Parts 1801, 1802, 1803, 1804, 1805, 
1814, 1815, 1816, 1817, 1832, 1834, 1835, 1842, 1844, 1852, 1853, 
1871, and 1872

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

Interim Rule Adopted as Final With Changes

    Accordingly, the interim rule published at 63 FR 9953, February 27, 
1998, is hereby adopted as final with the following changes:
    1. The authority citation for 48 CFR Parts 1801, 1802, 1803, 1804, 
1805, 1814, 1815, 1816, 1817, 1832, 1834, 1835, 1842, 1844, 1852, 1853, 
1871, and 1872 continues to read as follows:

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

PART 1804--ADMINISTRATIVE MATTERS

    2. In section 1804.570-2, paragraph (a)(2) is revised to read as 
follows:


1804.570-2  Electronic posting system.

    (a) * * *
    (2) Post solicitation documents, including solicitation amendments 
or cancellations, and other procurement information on the Internet.
* * * * *

PART 1815--CONTRACTING BY NEGOTIATION


1815.201  [Amended]

    3. In section 1815.201, paragraph (c)(6)(E), the word ``name'' in 
the first sentence is revised to read ``nature.''


1815.207-70  [Amended]

    4. In section 1815.207-70, paragraphs (b)(1) and (2) are revised to 
read as follows:


1815.207-70  Release of proposal information.

* * * * *
    (b)(1) Except as provided in paragraph (b)(2) of this section, the 
procurement officer is the approval authority to disclose proposal 
information outside the Government. If outside evaluators are involved, 
this authorization may be granted only after compliance with FAR 37.2 
and 1837.204, except that the determination of unavailability of 
Government personnel required by FAR 37.2 is not required for 
disclosure of proposal information to JPL employees.
    (2) Proposal information in the following classes of proposals may 
be disclosed with the prior written approval of a NASA official one 
level above the NASA program official responsible for the overall 
conduct of the evaluation. If outside evaluators are involved, the 
determination of unavailability of Government personnel required by FAR 
37.2 is not required for disclosure in these instances.
    (i) Proposals submitted in response to broad agency announcements 
such as Announcements of Opportunity and NASA Research Announcements;
    (ii) Unsolicited proposals; and
    (iii) SBIR and STTR proposals.
* * * * *
    5. In section 1815.207-71, paragraph (c) is revised to read as 
follows:


1815.207-71  Appointing non-Government evaluators as special Government 
employees.

* * * * *
    (c) Non-Government evaluators need not be appointed as special 
Government employees when they evaluate:
    (1) Proposals submitted in response to broad agency announcements 
such as Announcements of Opportunity and NASA Research Announcements;
    (2) Unsolicited proposals; and
    (3) SBIR and STTR proposals.


1815.303  [Amended]

    6. In paragraph (a) to section 1815.303, the letters ``SAA'' in the 
second sentence are revised to read ``SSA.''
    7. In section 1815.305, paragraph (a)(ii) is revised to read as 
follows:


1815.305  Proposal evaluation.

    (a) * * *
    (ii) All strengths and significant weaknesses;
* * * * *


1815.305-70  [Amended]

    8. In paragraph (a)(3) of section 1815.305-70, the phrase 
``technical or business'' is removed.


1815.306  [Amended]

    9. In section 1815.306, paragraph (d)(3)(A) is removed, paragraphs

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(d)(3)(B) and (d)(3)(C) are redesignated (d)(3)(A) and (d)(3)(B), and 
the sentence, ``These items are not to be discussed with, or proposed 
to, other offerors,'' is removed from redesignated paragraph (d)(3)(B).


1815.307  [Amended]

    10. In section 1815.307, paragraph (b)(i)(A) is removed, and 
paragraphs (b)(i)(B) through (b)(i)(E) are redesignated as paragraphs 
(b)(i)(A) through (b)(i)(D).
    11. In section 1815.370, paragraph (g)(3) is revised to read as 
follows:


1815.370  NASA source evaluation boards.

* * * * *
    (g) Evaluation. * * *
    (3) The SEB process must be adequately documented. Clear 
traceability must exist at all levels of the SEB process. All reports 
submitted by committees or panels will be retained as part of the SEB 
records.
* * * * *


1815.403-3  [Amended]

    12. In paragraph (b) of section 1815.403-3, the phrase ``firm-
fixed-price acquisitions'' in the last sentence is revised to read 
``firm-fixed-price competitions.''


1815.604  [Amended]

    13. In paragraph (a) of section 1815.604 the URL ``http://
procure.msfc.nasa.gov/nashdbk.html'' is revised to read ``http://
ec.msfc.nasa.gov/msfc/nasahdbk.html''.

[FR Doc. 98-22290 Filed 8-18-98; 8:45 am]
BILLING CODE 7510-01-M