[Federal Register Volume 65, Number 147 (Monday, July 31, 2000)]
[Rules and Regulations]
[Pages 46627-46628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19269]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1801, 1808, 1811, 1813, 1816, 1819, 1835, 1842, 1851, 
and 1852


Procedural Revisions for Awards Resulting From Broad Agency 
Announcements

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: This final rule amends the NASA FAR Supplement (NFS) to: allow 
grant officers to waive the submission of certain documents as part of 
the purchase request (PR) package for a grant; provide for the award of 
purchase orders, when appropriate, for awards less than the simplified 
acquisition threshold resulting from broad agency announcements; and 
make miscellaneous editorial and technical corrections.

EFFECTIVE DATE: July 31, 2000.

FOR FURTHER INFORMATION CONTACT: Tom Deback, NASA Headquarters Office 
of Procurement, Contract Management Division (Code HK), Washington, DC 
20546, (202) 358-0431, e-mail: tdeback@hq.nasa.gov.

SUPPLEMENTARY INFORMATION:

A. Background

    The newly revised Grant Handbook no longer requires the submission 
of the NASA Research Announcement (NRA), results of the technical 
evaluation, and other documents as part of the PR package. The revised 
guidance also provides that if an action resulting from a broad agency 
announcement is to be awarded as a contract action and is less than the 
simplified acquisition threshold, the action may be completed as a 
purchase order. This final rule brings the NFS into agreement with the 
Grant handbook. Additionally, miscellaneous editorial and technical 
corrections are made to sections 1801.106, 1808.002-72, 1811.1, 
1819.7206, 1842.7001, 1852.242-73, and Parts 1816 and 1831 to update 
listing of OMB approvals; correct citations, terminology, and titles; 
and provide consistent guidance on clause modification.

B. Regulatory Flexibility Act

    This final rule does not constitute a significant revision within 
the meaning of FAR 1.501 and Pub Law 98-577 and publication for 
comments is not required. However, NASA will consider comments from 
small entities concerning the affected NFS subparts in accordance with 
5 U.S.C. 610.

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 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 1801, 1808, 1811, 1813, 1816, 
1819, 1835, 1842, 1851, and 1852

    Government procurement.

Tom Luedtke,
Associate Administrator for Procurement.

    Accordingly, 48 CFR parts 1801, 1808, 1811, 1813, 1816, 1819, 1835, 
1842, 1851, and 1852 are amended as follows:
    1. The authority citation for 48 CFR parts 1801, 1808, 1811, 1813, 
1816, 1819, 1835, 1842, 1851, and 1852 continues to read as follows:

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

PART 1801--FEDERAL ACQUISITION REGULATIONS SYSTEM

    2. In section 1801.106, revise the chart in paragraph (1) to read 
as follows:


1801.106  OMB approval under the Paperwork Reduction Act.

    (1) * * *

------------------------------------------------------------------------
                                                                  OMB
                         NFS Segment                            Control
                                                                  No.
------------------------------------------------------------------------
1804.470....................................................   2700-0098
1804.74.....................................................   2700-0097
1819........................................................   2700-0073
1819.72.....................................................   2700-0078
1827........................................................   2700-0052
1831........................................................   2700-0080
1843........................................................   2700-0054
1843.71.....................................................   2700-0094
NF 533......................................................   2700-0003
NF 1018.....................................................   2700-0017
------------------------------------------------------------------------

* * * * *

PART 1808--REQUIRED SOURCES OF SUPPLIES AND SERVICES


1808.002-72  [Amended]

    3. In section 1808.002-72, amend paragraph (j) by removing ``%'' 
whenever it appears and adding ``percent'' in its place.

[[Page 46628]]

PART 1811--DESCRIBING AGENCY NEEDS

    4. Add Subpart 1811.1 title to read as follows:

Subpart 1811.1--Selecting and Developing Requirements Documents

* * * * *

PART 1813--SIMPLIFIED ACQUISITION PROCEDURES

    5. Revise section 1813.000 to read as follows:


1813.000  Scope of part.

    FAR Part 13 and 1813 do not apply to NASA Research Announcements 
(NRA) and Announcements of Opportunity (AO). These acquisitions shall 
be conducted in accordance with the procedures in 1835.016-71 and 1872, 
respectively. However, awards resulting from NRAs or AOs that are to be 
made as procurement instruments, can be made as either a contract or a 
purchase order. When a purchase order is used, it must not exceed the 
simplified acquisition threshold and must include the appropriate 
clauses pertaining to data rights, key personnel requirements, and any 
other requirements determined necessary by the contracting officer. 
Contracting officers must determine whether obtaining the contractor's 
acceptance of the order is necessary (see FAR 13.302-3(a)).

PART 1816--TYPES OF CONTRACTS


1816.405-274  [Amended]

    6. In section 1816.405-274, amend the first sentence of paragraph 
(g)(4) by removing the words ``(f)(1) through (f)(3)'' and adding the 
words ``(g)(1) through (g)(3)'' in its place.


1816.505  [Amended]

    7. In section 1816.505, amend paragraph (b)(5) by removing the 
reference ``1815.70'' and adding ``1815.7001'' in its place.


1816.505-70  [Amended]

    8. In section 1816.505-70, amend paragraph (b) by removing the 
reference ``1816.404-270(a)'' and adding the reference ``1816.104-
70(a)'' in its place.

PART 1819--SMALL BUSINESS PROGRAMS


1819.7206  [Amended]

    9. In section 1819.7206, amend the first sentence of paragraph (a) 
by removing the words ``as a subfactor'' from the end of the sentence.

PART 1831--CONTRACT COST PRINCIPLES AND PROCEDURES


1831.205-670  [Amended]

    10. In section 1831.205-670, amend paragraphs (a) introductory 
text, (b) introductory text, (c)(1) and (2), (e), (f), and (g) by 
removing the word ``shall'' and adding ``must'' in its place.


1831.205-32  [Amended]

    11. In section 1831.205-32, amend paragraphs (2) and (3) by 
removing the word ``shall'' and adding ``must'' in its place.


1831.205-70  [Amended]

    12. Amend section 1831.205-70 by removing the word ``shall'' and 
adding ``must'' in its place.


1831.205-671  [Amended]

    13. Amend section 1831.205-671 by removing the word ``shall'' and 
adding ``must'' in its place.

PART 1835--RESEARCH AND DEVELOPMENT CONTRACTING

    14. In section 1835.016-71, revise paragraphs (d)(8)(i) and (ii) to 
read as follows:


1835.016-71  NASA Research Announcements.

* * * * *
    (d) * * *
    (8) * * *
    (i) A copy of the NRA (This requirement may be waived in the case 
of a grant award at the discretion of the grant officer);
    (ii) The results of the technical evaluation, including the total 
number of proposals received, the selection statement, and the listing 
of proposal(s) selected for funding (These requirements may be waived 
in the case of a grant award at the discretion of the grant officer if 
the purchase request specifically references the NRA number and states 
that the proposal forwarded for funding was selected under the NRA.);
* * * * *

PART 1842--CONTRACT ADMINISTRATION AND AUDIT SERVICES

    15. In section 1842.7001, revise paragraph (c) to read as follows:


1842.7001  Observance of legal holidays.

* * * * *
    (c) The clause may be used with its Alternate II in cost-
reimbursement contracts when it is desired that administrative leave be 
granted contractor personnel in special circumstances, such as 
inclement weather or potentially hazardous conditions. This alternate 
may be appropriately modified for fixed-price contracts.

PART 1851--USE OF GOVERNMENT SOURCES BY CONTRACTORS


1851.102  [Amended]

    16. In section 1851.102, amend paragraph (e)(3) at the end of the 
section by removing ``NHB 4100.1'' and adding ``NPG 4100.1'' in its 
place.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


1852.242-73  [Amended]

    17. In section 1852.242-73, revise the date ``(JULY 1997)'' to read 
``(JULY 2000)'' and amend paragraph (a) by removing the words ``Policy 
Guidance'' and adding the words ``Procedures and Guidelines'' in its 
place.

[FR Doc. 00-19269 Filed 7-28-00; 8:45 am]
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