[Federal Register Volume 64, Number 129 (Wednesday, July 7, 1999)]
[Rules and Regulations]
[Pages 36605-36606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17038]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1801, 1804, 1809, 1815, 1827, 1832, 1845, 1852, 1871, 
and 1872


Miscellaneous Administrative Revisions

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: This final rule makes the following administrative changes to 
the NASA FAR Supplement (NFS): conform the current coverage on 
regulatory maintenance to reflect that the NFS is available from NASA 
only in electronic format; correct referenced addresses and document 
titles; correct section numbering; clarify that FAR 52.227-11, 
Alternate IV, is not used in NASA contracts; and correct an editorial 
error in a recent final rule.

EFFECTIVE DATE: July 7, 1999.

FOR FURTHER INFORMATION CONTACT: Tom O'Toole, NASA Headquarters, Code 
HK, Washington, DC 20546, telephone: (202) 358-0478; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    NASA has made the NFS available to the public on a subscription 
basis through the Government Printing Office. However, NASA has 
determined that it is more efficient and economical to provide the NFS 
only through electronic means. This approach ensures greater accuracy, 
wider dissemination, and immediate implementation of changes. The 
official NASA-maintained version of the NFS is available at http://
www.hq.nasa.gov/office/procurement/regs/nfstoc.htm. In addition, the 
instructions in a recent final rule (64 FR 19925) revising NASA's 
MidRange procurement procedures directed revision of the second 
sentence of section 1871.602. The third, rather than the second, 
sentence should have been revised.

B. Regulatory Flexibility Act

    This final rule does not constitute a significant revision within 
the meaning of FAR 1.501 and Pub. L. 98-577, and publication for 
comments is not required. However, comments from small business 
entities concerning the affected NFS coverage will be considered in 
accordance with 5 U.S.C. 610. Such comments may be submitted separately 
and should cite 5 U.S.C. 601, et seq.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the NFS do not impose any recordkeeping or information collection 
requirements, or collections of information from offerors, contractors, 
or members of the public that require the approval of the Office of 
Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in CFR Parts 1801, 1804, 1809, 1815, 1827, 1832, 
1845, 1852, 1871, and 1872

    Government procurement.
Tom Luedtke,
Associate Administrator for Procurement.

    Accordingly, 48 CFR Parts 1801, 1804, 1809, 1815, 1827, 1832, 1845, 
1852, 1871, and 1872 are amended as follows:
    1. The authority citation for 48 CFR Parts 1801, 1804, 1809, 1815, 
1827, 1832, 1845, 1852, 1871, and 1872 continues to read as follows:

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

PART 1801--FEDERAL ACQUISITION REGULATIONS SYSTEM

    2. In section 1801.105-1, paragraph (a) is revised to read as 
follows:

[[Page 36606]]

1801.105-1  Publication and code arrangement.

    (a) The single official NASA-maintained version of the NFS is on 
the Internet (http://www.hq.nasa.gov/office/procurement/regs/
nfstoc.htm).
* * * * *


1801.105-3 and 1801.105-370  [Removed]

    3. Sections 1801.105-3 and 1801.105-370 are removed.
    4. Section 1801.270 is revised to read as follows:


1801.270  Amendment of the NFS.

    (a) The NFS is amended by publishing changes in the Federal 
Register. These changes are then incorporated into the NASA-maintained 
Internet version of the NFS through Procurement Notices (PNs). PNs are 
numbered consecutively, prefixed by the last two digits of the calendar 
year of issuance of the current edition of the NFS.
    (b) Compliance with a revision to the NFS shall be in accordance 
with the PN containing the revision. Unless otherwise stated, 
solicitations that have been issued, and bilateral agreements for which 
negotiations have been completed, before the receipt of new or revised 
contract clauses need not be amended to include the new or revised 
clauses if including them would unduly delay the acquisition.
    5. Sections 1801.270-1, 1801.270-2, 1801.270-3, and 1801.270-4 are 
removed.

PART 1804--ADMINISTRATIVE MATTERS

    6. Section 1804.202 is revised to read as follows:


1804.202  Agency distribution requirements.

    In addition to the requirements in FAR 4.201, the contracting 
officer shall distribute one copy of each R&D contract, including the 
Statement of Work, to the NASA Center for AeroSpace Information (CASI), 
Attention: Document Processing Section, 7121 Standard Drive, Hanover, 
MD 21076-1320.

PART 1809--CONTRACTOR QUALIFICATIONS

    7. Section 1809.200 is revised to read as follows:


1809.200  Scope of subpart.

    This subpart prescribes policies and procedures to be followed in 
the use of qualified products lists for acquisition of parts consistent 
with the policies of NASA Policy Directive 8730.2, NASA Parts Policy.

PART 1815--CONTRACTING BY NEGOTIATION

    8. Section 1815.670 is revised to read as follows:


1815.670  Foreign proposals.

    Unsolicited proposals from foreign sources are subject to NPD 
1360.2, Initiation and Development of International Cooperation in 
Space and Aeronautics Programs.

PART 1827--PATENTS, DATA, AND COPYRIGHTS

    9. In section 1827.303, paragraph (a)(5) is added to read as 
follows:


1827.303  Contract clauses.

    (a) * * *
    (5) Alternate IV to 52.227-11 is not used in NASA contracts. See 
instead 1827.303-70(a).
* * * * *

PART 1832--CONTRACT FINANCING

    10. In section 1832.906, the first sentence in paragraph (a) is 
revised to read as follows:


1832.906  Contract financing payments.

    (a) Except as authorized in 1832.908, it is NASA's policy to make 
contract financing payments on the 30th day after the designated 
billing office has received a proper request. * * *
* * * * *

PART 1845--GOVERNMENT PROPERTY

    11. Section 1845.406 is redesignated as 1845.407, and the existing 
section 1845.407 is redesignated as 1845.406.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    12. In section 1852.235-70, the date and paragraph (d) are revised 
to read as follows:


1852.235-70  Center for AeroSpace Information.

* * * * *

Center for Aerospace Information

July 1999

* * * * *
    (d) When the contract requires the delivery of reports or data 
to CASI, a reproducible copy and a printed or reproduced copy of 
such reports or data shall be concurrently submitted to: Center for 
AeroSpace Information (CASI), Attn: Document Processing Section, 
7121 Standard Drive, Hanover, Maryland 21076-1320.

(End of clause)

PART 1871--MIDRANGE PROCUREMENT PROCEDURES

    13. Section 1871.602 is revised to read as follows:


1871.602  Specifications for MidRange procurements.

    BVS refines the traditional approach to preparing specifications. 
BVS envisions that the requirement will focus on the end result that is 
to be achieved and will serve as a statement of the Government's 
baseline requirements. The offeror will be guided in meeting the 
Government's needs by a separate set of value characteristics which 
establish what the Government considers to be valuable in an offer 
beyond the baseline requirement. These value characteristics will be 
performance based and will permit the selection of the offer which 
provides better results for a reasonable marginal increase in price.

PART 1872--ACQUISITIONS OF INVESTIGATIONS


Sec. 1872.303  [Amended]

    14. In section 1872.303, the reference in paragraph (b) to ``(See 
NMI 1362.1, Initiation and Development of International Cooperation in 
Space and Aeronautical Programs)'' is revised to read ``(see NPD 
1360.2, Initiation and Development of International Cooperation in 
Space and Aeronautics Programs)''.


Sec. 1872.305  [Amended]

    15. In section 1872.305, the reference in paragraph (c) to 
``Acquisition'' is revised to read ``Procurement''.

[FR Doc. 99-17038 Filed 7-6-99; 8:45 am]
BILLING CODE 7510-01-P