[Federal Register Volume 64, Number 23 (Thursday, February 4, 1999)]
[Rules and Regulations]
[Pages 5620-5621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2472]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1804, 1807, 1808, 1813, 1816, 1819, 1827, 1832, 1833, 
1836, 1844, 1852 and 1853


Miscellaneous Revisions to the NASA FAR Supplement

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: This rule amends the NASA Federal Acquisition Regulation 
Supplement (NFS) to make editorial corrections and miscellaneous 
changes dealing with NASA internal and administrative matters.

EFFECTIVE DATE: February 4, 1999.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas O'Toole, (202) 358-0478; e-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    A number of administrative changes are made. These changes include: 
(1) Revising the responsibilities for posting data of the Acquisition 
Forecast on the internet; (2) updating the Department of Energy (DOE) 
form for acquiring radioisotopes; (3) changing subpart titles, section 
headings, and section numbers due to changes made by Federal 
Acquisition Circulars (FAC) 97-09 and 97-10; (5) raising the dollar 
threshold for consideration of the need for surveillance of 
subcontracts resulting from contract modifications and change orders to 
a threshold equal to that for obtaining cost or pricing data; and (6) 
updating a reference to an internal document on records retention. None 
of these administrative changes has an impact outside internal Agency 
operating procedures.

Impact

    NASA certifies that this regulation will not have a significant 
economic impact on a substantial number of small business entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because the 
changes affect internal Agency procedures only. This final rule does 
not impose any reporting or recordkeeping requirements subject to the 
Paper Reduction Act.

List of Subjects in 48 CFR Parts 1804, 1807, 1808, 1813, 1816, 
1819, 1827, 1832, 1833, 1836, 1844, 1852 and 1853

    Government procurement.
Thomas S. Luedtke,
Acting Associate Administrator for Procurement.

    Accordingly, 48 CFR Parts 1804, 1807, 1808, 1813, 1816, 1819, 1827, 
1832, 1833, 1836, 1844, 1852 and 1853 are amended as follows:
    1. The authority citation for 48 CFR Parts 1804, 1807, 1808, 1813, 
1816, 1819, 1827, 1832, 1833, 1836, 1844, 1852 and 1853 continues to 
read as follows:

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

PART 1804--ADMINISTRATIVE MATTERS


1804.805  [Amended]

    2. In section 1804.805, paragraph (a) is revised to read:


1804.805  Storage, handling, and disposal of contract files.

    (a) See NPG 1441.1C, Records Retention Schedules.


1804.805-70  [Amended]

    3. In paragraph (b)(2) to section 1804.805-70, the reference ``NHB 
1441.1, NASA Records Disposition Handbook'' is revised to read ``NPG 
1441.1C, Records Retention Schedules''.

PART 1807--ACQUISITION PLANNING


1807.7203   [Amended]

    4. Section 1807.7203 is revised to read as follows:


1807.7203  Responsibilities.

    (a) NASA Procurement Officers shall post the data required by 
1807.7204 directly to the NASA Acquisition Internet Service not later 
than October 1 for the annual forecast and April 15 for the semiannual 
update.
    (b) Code HS will manage policy and monitor compliance with the NASA 
Acquisition Forecast process.

PART 1808--REQUIRED SOURCES OF SUPPLIES AND SERVICES


1808.002-70  [Amended]

    5. Section 1808.002-70 is revised to read as follows:


1808.002-70  Acquisition of radioisotopes.

    (a) U.S. Department of Energy Isotope and Technical Service Order 
Form CA-10-90.COM, and U.S. Nuclear Regulatory Commission Application 
for Material License, NRC Form 313, shall be used to acquire 
radioisotopes.
    (b) NRC Form 313 shall be filed with the Chief, Radioisotopes 
Licensing Branch, Division of Fuel Cycle and Material Safety, United 
States Nuclear Regulatory Commission, Washington, DC 20555. If the 
application meets all regulatory requirements and applicable standards, 
the Radioisotopes Licensing Branch, Nuclear Regulatory Commission, will 
issue a license to the applicant. After receipt of the license, a 
completed DOE Form CA-10-90.COM (in duplicate, if the contracting 
office wants an accepted copy of the form back from the supplier), the 
license, and a Government bill of lading shall be sent to the 
appropriate DOE laboratory. If a bill of lading is not furnished, 
shipment shall be made collect on a commercial bill of lading, to be 
converted at destination.
    (c) NRC Form 313 and DOE Form CA-10-90.COM may be requisitioned 
directly from the United States Nuclear Regulatory Commission, Attn: 
Radioisotopes Licensing Branch, Division of Fuel Cycle and Material 
Safety, Washington, DC 20555.
    (d) Guidance is available from NRC at URL http://www.nrc.gov/NRC/
contents/#top and from DOE at URL http://www.ornl.gov/isotopes/
catalog.htm.

PART 1813--SIMPLIFIED ACQUISITION PROCEDURES


1813.003  [Amended]

    6-7. In section 1813.003, paragraph (h) is redesignated as 
paragraph (g).

PART 1816--TYPES OF CONTRACTS


1816.203-4  [Amended]

    8. In paragraph (d)(2) to section 1816.203-4, the reference ``Code 
HC'' is revised to read ``Code HK''.

PART 1819--SMALL BUSINESS PROGRAMS

Subpart 1819.3 [Amended]

    9. In Subpart 1819.3, the subpart heading is revised to read 
``Determination of Status as a Small Business, HUBZone Small Business, 
or Small Disadvantaged Business Concern''.


1819.506  [Amended]

    10. In section 1819.506, the section heading is revised to read 
``Withdrawing or modifying small business set-asides (NASA supplements 
paragraph (b))''.

Subpart 1819.7 [Amended]

    11. In Subpart 1819.7, the subpart heading is revised to read ``The 
Small Business Subcontracting Program''.

[[Page 5621]]

1819.708  [Amended]

    12. In section 1819.708, the section heading is revised to read 
``Contract clauses'' (NASA supplements paragraph (b)).

PART 1827--PATENTS, DATA, AND COPYRIGHTS


1827.406-70  [Amended]

    13. In section 1827.406-70, paragraph (c) is revised to read as 
follows:


1827.406-70  Reports of work.

* * * * *
    (c) A reproducible copy and a printed or reproduced copy of the 
reports shall be sent to the NASA Center for AeroSpace Information 
(CASI) in accordance with the clause at 1852.235-70, Center for 
AeroSpace Information (see 1835.070(a)).

PART 1832--CONTRACT FINANCING


1832.908  [Amended]

    14. Section 1832.908 is revised to read as follows:


1832.908  Contract clauses. (NASA supplements paragraph (c).)

    (c)(3) When the clause at FAR 52.232-25, Prompt Payment, is used in 
such contracts with the Canadian Commercial Corporation (CCC), insert 
``17th'' in lieu of ``30th'' in paragraphs (a)(1)(i)(A), (a)(1)(i)(B), 
and (a)(1)(ii).


1832.970  [Removed]

    15. Section 1832.970 is removed.

PART 1833--PROTESTS, DISPUTES, AND APPEALS


1833.104  [Amended]

    16. In section 1833.104, paragraph (c)(2) is revised to read as 
follows:


1833.104  Protests to GAO.

* * * * *
    (c) * * *
    (2) The Associate Administrator for Procurement (Code HS) is the 
appproval authority for authorizing contract performance.
* * * * *

PART 1836--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS


1836.213-70  [Amended]

    17. Section 1836.213-70 is redesignated as 1836.213-370.

PART 1844--SUBCONTRACTING POLICIES AND PROCEDURES

    18. In section 1844.201-1, paragraph (a)(iii) is revised to read as 
follows:


1844.201-1  Consent requirements.

    (a) * * *
    (iii) The contracting officer shall document results of the review 
in the contract file. For contract modifications and change orders, the 
contracting officer shall make the determination required by paragraph 
(a)(ii) of this section whenever the value of any subcontract resulting 
from the change order or modification is proposed to exceed the dollar 
threshold for obtaining cost or pricing data (see FAR 15.403-4(a)(1)) 
or is one of a number of subcontracts with a single subcontractor for 
the same or related supplies or services that are expected cumulatively 
to exceed the dollar threshold for obtaining cost or pricing data.
* * * * *

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


1852.235-70  [Amended]

    19. In the introductory language to section 1852.235-70, the 
reference ``1827.409(i) and'' is removed.

PART 1853--FORMS


1853.208-70  [Amended]

    20. The section heading of 1853.208-70, is revised and paragraph 
(c) is revised to read as follows:


1852.208-70  Other Government sources (Standard Form 1080, Air force 
Form 858, Department of Energy Form CA-10-90.COM, Nuclear Regulatory 
Commission Form 313).

* * * * *
    (c) U.S. Department of Energy Isotope and Technical Service Order 
Form CA-10-90.COM. Prescribed in 1808.002-70(a).
* * * * *
[FR Doc. 99-2472 Filed 2-3-99; 8:45 am]
BILLING CODE 7510-01-P