[Federal Register Volume 67, Number 88 (Tuesday, May 7, 2002)]
[Rules and Regulations]
[Pages 30602-30604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11168]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 18

RIN 2700-AC33


NASA FAR Supplement--Conformance With FACs 01-01, 01-02, and 01-
06; and Miscellaneous Administrative and Technical Revisions

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: This is a final rule to conform the NASA FAR Supplement with 
the FAR as a result of changes made by FAC's 01-01, 01-02, and 01-06; 
and make editorial and miscellaneous changes dealing with NASA internal 
and administrative matters.

EFFECTIVE DATE: May 22, 2002.

FOR FURTHER INFORMATION CONTACT: Celeste Dalton, NASA Headquarters 
Office of Procurement, Contract Management Division (Code HK), 
Washington, DC 20546, (202) 358-1645, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:  

A. Background

    Item IV of FAC 01-01 amended various FAR subparts and clauses to 
implement recent statutory and regulatory changes relating to veterans' 
employment opportunities and reporting. Item II of FAC 01-02 amended 
various FAR subparts to implement Executive Order 13123 of June 3, 
1999, Greening the Government through Efficient Energy Management. Item 
III of FAC 01-02 amended various FAR subparts and clauses to reflect 
changes to the Office of Management and Budget (OMB) prompt payment 
requirements and clarify existing FAR prompt payment coverage. Item V 
of FAC 0106 amended various FAR subpart to rewrite procurement 
integrity coverage in plan language. This final rule makes changes to 
NFS parts 1803, 1811, 1822, 1823, and 1832 necessary to conform to the 
changes in FAC's 01-01,01-02, and 01-06. Additional changes dealing 
with NASA internal and administrative matters included in this rule 
clarify the approval authority for letter contracts and that 
``instrument'' means the award document when referring to contracts, 
grants, cooperative agreement, or other agreement. Changes are made to 
subparts 1806.3 and 1819.70 to delete text duplicative of the FAR. 
Changes are made to clauses in part 1852 to identify optional (though 
preferable) forms for submission of information about technology 
innovations under NASA contracts and to identify the web site where 
these forms are available. Editorial changes are made throughout the 
NFS to reflect title changes. Lastly, technical amendments are made to 
subpart 1804.74 and part 1852 to update url listings. This is not a 
significant regulatory action and, therefore, was not subject to review 
under Section 6(b) of Executive Order 12866, Regulatory Planning and 
Review, dated September 30, 1993. This final rule is not a major rule 
under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    NASA certifies that this rule will not have a significant economic 
impact on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) because it does not impose any 
new requirements.

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 through 1809, 1811, 1812, 
1815 through 1817, 1819, 1822, 1823, 1825, 1828 through 1830, 1832, 
1835 through 1837, 1842, 1845, 1848 through 1850, and 1852

    Government procurement.

Tom Luedtke,
Assistant Administrator for Procurement.

    Accordingly, 48 CFR Chapter 18, Parts 1801 through 1809, 1811, 
1812, 1815 through 1817, 1819, 1822, 1823, 1825, 1828 through 1830, 
1832, 1835 through 1837, 1842, 1845, 1848 through 1850, and 1852 are 
amended as follows:
    1. The authority citation for 48 CFR Chapter 18, Parts 1801 through 
1809, 1811, 1812, 1815 through 1817, 1819, 1822, 1823, 1825, 1828 
through 1830, 1832, 1835 through 1837, 1842, 1845, 1848 through 1850, 
and 1852 continues to read as follows:

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

    2. 48 CFR Chapter 18 is amended by--
    a. Removing ``Associate Administrator for Procurement'' and adding 
``Assistant Administrator for Procurement'' in its place each time it 
appears;
    b. Removing ``Associate Administrator for Management Systems and 
Facilities'' and adding ``Assistant Administrator for Management 
Systems'' in its place each time it appears;
    c. Removing ``Associate Administrator for Equal Opportunity 
Programs'' and adding ``Assistant Administrator for Equal Opportunity 
Programs'' in its place each time it appears;
    d. Removing ``Associate Administrator for Small and Disadvantage 
Business Utilization'' and adding ``Assistant Administrator for Small 
and Disadvantage Business Utilization'' in its place each time it 
appears;
    e. Removing ``Associate Administrator for Headquarters Operations'' 
and adding ``Director for Headquarters Operations'' in its place each 
time it appears; and
    f. Removing ``Deputy Associate Administrator for Procurement'' and 
adding ``Deputy Assistant Administrator for Procurement'' in its place 
each time it appears.

[[Page 30603]]

PART 1803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

    3. Redesignate section 1803.104-3 as 1803.104-1.

    4. Redesignate section 1803.104-5 as 1803.104-4 and amend the newly 
designated section 1803.104-4 by--
    a. Revising the title to read as follows:


1803.104-4  Disclosure, protection, and marking of contractor bid or 
proposal information and source selection information.

    b. In paragraph (a)(ix), removing ``1803.104-5(a)(i)'' and adding 
``1803.104-4(a)(i)'' in its place;
    c. In paragraph (c)(i), removing--
    (1) ``FAR 3.104-3'' and adding ``FAR 2.101'' in its place; and
    (2) ``FAR 3.104-5(c)'' and adding ``FAR 3.104-4(c)'' in its place.
    d. In paragraph (c)(ii), add ``2.101 and'' immediately before 
``3.104'' in the first sentence.

    5. Redesignate section 1803.104-10 as 1803.104-7.

PART 1804--ADMINISTRATIVE MATTERS


1804.7403   [Amended]

    6. Amend section 1804.7403 in paragraph (a)(1) by removing ``http://www.ccr2000. com'' and adding``
http://www.ccr. gov'' in its place.

PART 1806--COMPETITION REQUIREMENTS


1806.303-170  [Amended]

    7. Amend section 1806.303-170 by removing the last sentence.

PART 1811--DESCRIBING AGENCY NEEDS

    8. Revise section 1811.101 to read as follows:


1811.101  Order of precedence for requirements documents.

    (a) Safeguards to ensure safety, security, and environmental 
protection must be included, as applicable, in requirements documents.
    (b)(2) Requirements for the use of environmentally preferable 
products will be established in accordance with NPG 8830.1, 
``Affirmative Procurement Plan for Environmentally Preferable 
Products.'' Requirements for the use of energy and water efficient 
products and the use of renewable energy technology will be established 
in accordance with NPG 8570.1, ``Energy Conservation Technologies and 
Practices.''

PART 1816--TYPES OF CONTRACTS

    9. In section 1816.104-70, revise paragraph (b) to read as follows:


1816.104-70  Contract type for performance-based contracting (PBC).

* * * * *
    (b) A PBC is a completion form of contract (something is 
accomplished). Term/level-of-effort, time-and-materials and labor hour 
contracts are not PBC.

    10. Revise section 1816.603-370 to read as follows:


1816.603-370  Approvals.

    (a)(1) The approval authority to issue a letter contract is--
    (i) The Assistant Administrator for Procurement when the estimated 
value of the definitized contract is equal to or greater than the 
Master Buy Plan (MBP) submission threshold of 1807.7101;
    (ii) The procurement officer when the estimated value of the 
definitized contract is below the MBP submission threshold; and
    (iii) The Assistant Administrator for Procurement for any 
modification of an undefinitized letter contract approved by the 
procurement officer that increases the estimated value of the 
definitized contract to an amount equal to or above the MBP submission 
threshold. This approval must be obtained prior to issuing the 
modification.
    (2) The procurement officer must sign all requests for approval by 
the Assistant Administrator for Procurement and submit them to Code HS.
    (b) All requests for authority to issue a letter contract must 
include the following:
    (1) Contractor name and address.
    (2) Place of performance.
    (3) Contract number, including modification number, if applicable.
    (4) Brief description of the work or services to be performed.
    (5) Performance period or delivery schedule for both the letter 
contract and definitized contract.
    (6) Estimated value of the work authorized by the letter contract.
    (7) Estimated value of the definitized contract.
    (8) Contract type of the definitized contract.
    (9) A statement that the definitized contract will contain all 
required clauses or identification of approved specific clause 
deviations.
    (10) Complete justification of the necessity for the letter 
contract, including the advantages to the Government and a description 
of the efforts to avoid its issuance or to minimize its scope.
    (11) The definitization schedule described in FAR 16.603-2(c) 
expected to be negotiated with the contractor.

PART 1819--SMALL BUSINESS PROGRAMS


1819.7001  [Removed]

    11. Remove section 1819.7001.

PART 1822--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

    12. Revise Subpart 1822.13 to read as follows:

Subpart 1822.13--Special Disabled Veterans, Veterans of the Vietnam 
ERA, and Other Eligible Veterans


1822.1305  Waivers.

    (c) Requests for waivers shall be submitted to the Assistant 
Administrator for Equal Opportunity Programs (Code E).


1822.1308  Complaint procedures.

    Contracting officers shall submit all complaints to the Assistant 
Administrator for Equal Opportunity Programs (Code E).

PART 1823--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE 
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

    13. Revise the title of Part 1823 to read as set forth above.

    14. Add Subpart 1823.2 to read as follows:

Subpart 1823.2--Energy and Water Efficiency and Renewable Energy


1823.203  Energy-efficient products.

    Responsibility, policy and procedures for NASA's implementation of 
FAR 23.203, including cost-effectiveness, are described in NPG 8570.1, 
``Energy Efficiency and Water Conservation Technologies and 
Practices.''

    15. Add Subpart 1823.4 to read as follows:

Subpart 1823.4--Use of Recovered Materials


1823.404  Agency affirmative procurement programs.

    NASA's affirmative procurement program is described in the 
Affirmative Procurement Plan for Environmentally Preferable Products 
(NPG 8830.1)

    16. Add Subpart 1823.7 to read as follows:

[[Page 30604]]

Subpart 1823.7--Contracting for Environmentally Preferable Products 
and Services


1823.703  Policy.

    Responsibility, policy and procedures for NASA's implementation of 
FAR 23.703 is described in NPG 8570.1, ``Energy Efficiency and Water 
Conservation Technologies and Practices''.

PART 1832--CONTRACT FINANCING

    17. Add section 1832.007 to read as follows:


1832.007  Contract financing payments.

    (a)(1) 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. However, the due date for 
making contract financing payments for a specific contract may be 
earlier than the 30th day, but not earlier than 7 days, after the 
designated billing office has received a proper request, provided that:
    (i) The contractor provides consideration whose value is determined 
to be greater than the cost to the United States Treasury of interest 
on funds paid prior to the 30th day, calculated using the Current Value 
of Funds Rate published annually in the Federal Register (subject to 
quarterly revision);
    (ii) The contracting officer approves the payment date change, with 
the concurrence of the installation Financial Management Officer; and
    (iii) The contract file includes documentation regarding the value 
of the consideration and the analysis determining that value.


1832.906  [Removed]

    18. Remove section 1832.906.


1832.908  [Amended]

    19. Amend section 1832.908 by redesignating paragraph (c)(3) as 
(c)(2).

PART 1835--RESEARCH AND DEVELOPMENT CONTRACTING


1835.016-71  [Amended]

    20. In section 1835.016-71, amend the last sentence of paragraph 
(c)((2)(B) by removing ``NASA instruments'' and adding ``NASA award 
instruments'' in its place.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


1852.204-74  [Amended]

    21. Section 1852.204-74 is amended as follows:
    a. The clause date is revised to read ``May 2002''; and
    b. In paragraph (d) remove ``http://www.ccr2000.com'' and add 
``http://www.ccr.gov'' in its place.

    22. Revise section 1852.227-11 to read as follows:


1852.227-11  Patent Rights--Retention by the Contractor (Short Form).

    As prescribed at 1827.303-70(a), modify the clause at FAR 52.227-11 
by adding the following subparagraph (5) to paragraph (c) of the basic 
clause; adding the following subparagraph (5) to paragraph (f); and 
using the following subparagraph (2) in lieu of subparagraph (g)(2) of 
the basic clause:

    (c)(5) The Contractor may use whatever format is convenient to 
disclose subject inventions required in subparagraph (c)(1). NASA 
prefers that the contractor use either the electronic or paper 
version of NASA Form 1679, Disclosure of Invention and New 
Technology (Including Software) to disclose subject inventions. Both 
the electronic and paper versions of NASA Form 1679 may be accessed 
at the electronic New Technology Reporting Web site http://invention.nasa.gov.
    (End of addition)
    (f)(5) The Contractor shall provide the Contracting Officer the 
following:
    (i) A listing every 12 months (or such longer period as the 
Contracting Officer may specify) from the date of the contract, of 
all subject inventions required to be disclosed during the period.
    (ii) A final report prior to closeout of the contract listing 
all subject inventions or certifying that there were none.
    (iii) Upon request, the filing date, serial number and title, a 
copy of the patent application, and patent number and issue date for 
any subject invention in any country in which the contractor has 
applied for patents.
    (iv) An irrevocable power to inspect and make copies of the 
patent application file, by the Government, when a Federal 
Government employee is a coinventor.
    (End of addition)
    (g)(2) The Contractor shall include the clause in the NASA FAR 
Supplement at 1852.227-70, New Technology, suitably modified to 
identify the parties, in all subcontracts, regardless of tier, for 
experimental, developmental, research, design, or engineering work 
to be performed by other than a small business firm or nonprofit 
organization.
    (End of substitution)


    23. Amend the clause at section 1852.227-70 by revising the date of 
the clause; redesignating paragraphs (e)(3) through (e)(5) as (e)(4) 
through (e)(6) respectively; and adding new paragraph (e)(3) to read as 
follows:


1852.227-70  New Technology.

* * * * *

New Technology

(May 2002)

    (e) * * *
    (3) The Contractor may use whatever format is convenient to 
disclose reportable items required in subparagraph (e)(2). NASA 
prefers that the Contractor use either the electronic or paper 
version of NASA Form 1679, Disclosure of Invention and New 
Technology (Including Software) to disclose reportable items. Both 
the electronic and paper versions of NASA Form 1679 may be accessed 
at the electronic New Technology Reporting Web site http://invention.nasa.gov.
* * * * *


1852.235-72  [Amended]

    24. Section 1852.235-72 is amended as follows:
    a. The clause date is revised to read ``May 2002''; and
    b. In the second sentence of paragraph (a)(4), add the word 
``award'' immediately after the word ``appropriate''.

[FR Doc. 02-11168 Filed 5-6-02; 8:45 am]
BILLING CODE 7510-01-P