[Federal Register Volume 65, Number 114 (Tuesday, June 13, 2000)]
[Rules and Regulations]
[Pages 37061-37062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14753]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1811 and 1852


Packaging, Handling, and Transportation

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: This is a final rule amending the NASA FAR Supplement (NFS) to 
add guidance for packaging, handling, and transportation of certain 
kinds of aeronautical and space equipment. A NASA policy directive 
containing these policies already exists, and the new NFS material adds 
a contract clause which directs the contractor to perform packaging and 
handling as provided in the policy directive.

EFFECTIVE DATE: June 13, 2000.

FOR FURTHER INFORMATION CONTACT: James H. Dolvin, NASA Headquarters, 
Office of Procurement, Contract Management Division (Code HK), (202) 
358-1279, email: [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    Some NASA programs require the development of aeronautical and 
space equipment which, when transported from one place to another, 
require the use of special kinds of packaging, handling methods, and 
transportation procedures. At present, there is a NASA policy directive 
which has instructions for these procedures, but there is no contract 
clause in the NFS to require the contractor to perform packaging and 
handling as provided in the directive. This final rule adds such a 
clause to the NFS.

B. Regulatory Flexibility Act

    NASA certifies that this final rule 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 it only applies in those instances when a small business 
entity is providing either Class I , II, or III items.

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 collection 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 48 CFR Parts 1811 and 1852

    Government Procurement.

Tom Luedtke,
Associate Administrator for Procurement.

    Acccordingly, 48 CFR Parts 1811 and 1852 is amended as follows:
    1. The authority citation for 48 CFR Parts 1811 and 1852 continues 
to read as follows:

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

PART 1811--DESCRIBING AGENCY NEEDS

    2. Amend paragraph (b) of section 1811.002 by removing the word 
``shall'' and adding ``must'' in its place.

[[Page 37062]]

1811.002  [Amended]

    3. Amend paragraph (a)(3) of section 1811.403 by removing the word 
``shall'' and adding ``must'' in its place.

    4. Add section 1811.403-70 to read as follows:


1811.403-70  Packaging, handling, and transportation.

    (a) NPG 6000.1E, ``Requirements for Packaging, Handling, and 
Transportation for Aeronautical and Space Systems, Equipment, and 
Associated Components'' provides guidance for shipment of certain NASA 
items.
    (b) Contracting officers, with the advice of the requiring activity 
and the Center Transportation Officer, must include a designation of 
each deliverable item, or groupings of deliverable items, as Class I, 
II, III, or IV for purposes of contractor compliance with the NPG.


1811.404  [Amended]

    5. Amend paragraphs (a)(2) and (a)(3) of section 1811.404 by 
removing the word ``shall'' and adding ``must'' in its place.
    6. Add section 1811.404-70 to read as follows:


1811.404-70  NASA contract clauses.

    The clause at 1852.211-70, Packaging, Handling, and Transportation, 
must be included in solicitations and contracts for deliverable items, 
including software, designated as Class I (mission essential), Class II 
(delicate or sensitive), or Class III (requires special handling or 
monitoring).


1811.502  [Amended]

    7. Amend paragraph (d) of section 1811.502 by removing the word 
``shall'' and adding ``must'' in its place.


1811.602  [Amended]

    8. Amend paragraph (c) of section 1811.602 by removing the word 
``shall'' and adding ``must'' in its place.


1811.603  [Amended]

    9. Amend paragraph (e)(iii) of section 1811.603 by removing the 
word ``shall'' and adding ``must'' in its place.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    10. Add section 1852.211-70 to read as follows:


1852.211-70  Packaging, handling, and transportation.

    As prescribed in 1811.404-70, insert the following clause:

Packaging, Handling, and Transportation--June 2000

    (a) The Contractor shall shall comply with NPG 6000.1E, 
``Requirements for Packaging, Handling, and Transportation for 
Aeronautical and Space Systems, Equipment, and Associated 
Components'', dated April 26, 1999, as may be supplemented by the 
statement of work or specifications of this contract, for all items 
designated as Class I, II, or III.
    (b) The Contractor's packaging, handling, and transportation 
procedures may be used, in whole or in part, subject to the written 
approval of the Contracting Officer, provided (1) the Contractor's 
procedures are not in conflict with any requirements of this 
contract, and (2) the requirements of this contract shall take 
precedence in the event of any conflict with the Contractor's 
procedures.
    (c) The Contractor must place the requirements of this clause in 
all subcontracts for items that will become components of 
deliverable Class I, II, or III items.

(End of clause)

[FR Doc. 00-14753 Filed 6-12-00; 8:45 am]
BILLING CODE 7510-01-U