[Federal Register Volume 66, Number 106 (Friday, June 1, 2001)]
[Rules and Regulations]
[Pages 29728-29729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13811]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1832


Extension of Class Deviations for SBIR Contracts

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 
extend the advance payments and incremental funding class deviations 
for Small Business Innovation Research (SBIR) program contracts.

EFFECTIVE DATE: June 1, 2001.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald Lentz, NASA Headquarters, 
Office of Procurement, Contract Management Division (Code HK), 
Washington, DC 20546, telephone: (202) 358-1064, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    NFS 1832.402(e)(1)(B)(a) provides a class deviation authorizing the 
use of advance payments for Phase I contracts awarded under the SBIR 
program. NFS 1832.702-70(a), (b), and (c) set forth conditions when 
incremental funding is permitted. NFS 1832.702-70(e) provides a class 
deviation from those conditions, permitting the use of incremental 
funding of contracts under Phase II of the SBIR program. These two 
class deviations expired September 30, 2000, the date set forth in the 
Congressional authorization for the SBIR program. Public Law 106-554, 
extended the SBIR program through September 30, 2008. This final rule 
will extend the advance payments and incremental funding class 
deviations for the life of the SBIR program.

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 public 
comment is not required. However, comments from small entities 
concerning the affected NFS subpart will be considered in accordance 
with 5 U.S.C. 610. Such comments must 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 recordkeeping or information collection 
requirements, or collections of information from offerors, contractors, 
or members of the public which require the approval of the Office of 
Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 32

    Government procurement.

Tom Luedtke,
Associate Administrator for Procurement.

    Accordingly, 48 CFR Part 32 is amended as follows:
    1. The authority citation for 48 CFR part 1832 continues to read as 
follows:

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

PART 1832--CONTRACT FINANCING

    2. In section 1832.402, revise paragraph (e)(1)(B)(a) to read as 
follows:


1832.402  General.

    (NASA supplements paragraph (e))
    (e)(1) * * *
    (B) * * *
    (a) Small Business Innovation Research (SBIR) and Small Business 
Technology Transfer (STTR) Phase I contracts. A class deviation has 
been signed authorizing use of advance payments on these contracts. The 
contracting officer shall annotate the contract file that the deviation 
is on file at the NASA Headquarters Office of Procurement (Code HK).
* * * * *

    3. In section 1832.702-70, revise paragraph (e) to read as follows:


1832.702-70  NASA policy.

* * * * *
    (e) A class deviation from the conditions set forth in paragraphs 
1832.702-70(a), (b), and (c) exists to permit incremental funding of 
contracts under Phase II of the Small Business Innovation Research 
(SBIR) and Small Business Technology Transfer (STTR) programs. This 
deviation exists with the understanding that the contracts will be

[[Page 29729]]

fully funded when funds become available.
[FR Doc. 01-13811 Filed 5-31-01; 8:45 am]
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