[Federal Register Volume 68, Number 140 (Tuesday, July 22, 2003)]
[Rules and Regulations]
[Pages 43333-43334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18624]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1801, 1811, 1823, 1851, and 1852


Government-Owned Contractor-Operated Vehicle Fleet Management and 
Reporting

AGENCY: National Aeronautics and Space Administration

ACTION: Interim rule.

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SUMMARY: This interim rule revises the NASA FAR Supplement (NFS) by 
requiring contractors to collect data and report on usage of 
Government-owned contractor-operated vehicles, including Interagency 
Fleet Management System (IFMS) vehicles.

DATES: Effective Date: This interim rule is effective July 22, 2003.
    Comment Date: Interested parties should submit comments to NASA at 
the address below on or before September 22, 2003 to be considered in 
formulation of the final rule.

ADDRESSES: Submit written comments to Patrick Flynn, NASA, Office of 
Procurement, Contract Management Division (Code HK), Washington, DC 
20546 or via the Internet at [email protected].

FOR FURTHER INFORMATION CONTACT: Patrick Flynn, NASA, Office of 
Procurement, Contract Management Division (Code HK); (202) 358-0460; e-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    In Executive Order 13149, ``Greening the Government Through Federal 
Fleet and Transportation Efficiency'', section 505 requires Federal 
agencies to ensure that all Government-owned contractor-operated 
vehicles comply with all applicable goals and other requirements of the 
order. Section 302(c) requires agencies to collect data and report on 
performance in meeting the goals of the order, in accordance with 
requirements and guidance from the Department of Energy. In July 2000, 
the Department of Energy prepared the Guidance Document for Federal 
Agencies, as required by Executive Order 13149. Section 2-3 requires 
agencies to report data on Government-owned motor vehicle usage, using 
DOE's Federal Automotive Statistical Tool (FAST). FAST is accessed 
through http://fastweb.inel.gov/. Information required for FAST 
reporting must be obtained from contractors who have been authorized to 
obtain vehicles and related services pursuant to FAR paragraph 
11.101(b)(1) and the new NFS 1811.101(b)(1) added under this interim 
rule.
    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 interim 
rule is not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    NASA certifies that this interim rule will not have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., 
because fewer than 100 contracts awarded to both large and small 
businesses are affected.

C. Paperwork Reduction Act

    The Paperwork Reduction Act (Pub. L. 104-13) applies because the 
changes contain recordkeeping or information collection requirements. 
The Office of Management and Budget approved this reporting requirement 
under OMB control number 2700-0106.

D. Determination To Issue an Interim Rule

    In accordance with 41 U.S.C. 418(d), NASA has determined that 
urgent and compelling reasons exist to promulgate this interim rule. 
The basis for this determination is that contractual reporting 
requirements contained in this interim rule are needed to ensure 
consistent reporting and an accurate baseline of Government vehicles 
beginning October 1, 2003. However, pursuant to Pub. L. 98-577 and FAR 
1.501, NASA will consider public comments received in response to this 
interim rule in the formation of the final rule.

List of Subjects in 48 CFR Parts 1801, 1811, 1823, 1851, and 1852

    Government Procurement.

Tom Luedtke,
Assistant Administrator for Procurement.

0
Accordingly, 48 CFR Parts 1801, 1811, 1823, 1851, and 1852 are amended 
as follows:
0
1. The authority citation for 48 CFR Parts 1801, 1811, 1823, 1851, and 
1852 continues to read as follows:

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

PART 1801--FEDERAL ACQUISITION REGULATIONS SYSTEM


1801.106  [Amended]

0
2. Amend the table in paragraph (1) of section 1801.106 by adding in 
numerical sequence the following NFS Segment and OMB Control Number:

------------------------------------------------------------------------
                                                            OMB control
                       NFS segment                            number
------------------------------------------------------------------------
1823.271................................................       2700-0106
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PART 1811--DESCRIBING AGENCY NEEDS

0
3. Amend section 1811.101 by adding paragraph (b)(1) to read as 
follows:


1811.101  Order of precedence for requirements documents.

* * * * *
    (b)(1) Requirements for the use of energy efficient motor vehicles 
will be established in accordance with NPG 6200.1, ``NASA 
Transportation and General Traffic Management''.
* * * * *

[[Page 43334]]

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

0
4. Add sections 1823.270 and 1823.271 to read as follows:


1823.270  Federal fleet and transportation efficiency.

    Responsibility, policy and procedures for NASA's implementation of 
Executive Order 13149, ``Greening the Government through Federal Fleet 
and Transportation Efficiency'', including cost-effectiveness, are 
described in NPG 6200.1, ``NASA Transportation and General Traffic 
Management.''


1823.271  NASA Solicitation provision and contract clause.

    Insert the clause at 1852.223-76, Federal Automotive Statistical 
Tool Reporting, in solicitations and contracts requiring contractor 
operation of Government-owned or -leased motor vehicles, including, but 
not limited to, interagency fleet management system (IFMS) vehicles 
authorized in accordance with FAR 51.2.

PART 1851--USE OF GOVERNMENT SOURCES BY CONTRACTORS

0
5. Revise section 1851.202 to read as follows:


1851.202  Authorization.

    (a) In accordance with NPG 6200.1, ``NASA Transportation and 
General Traffic Management'', the contracting officer shall obtain 
concurrence from the Transportation Officer before authorizing a 
contractor to obtain Government-owned or -leased vehicles and related 
services.

0
6. Add section 1851.205 to read as follows:


1851.205  Contract clause.

    When the clause at FAR 52.251-2 is included in a solicitation or 
contract, also include the clause set forth at 1852.223-76.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
8. Add section 1852.223-76 to read as follows:


1852.223-76  Federal Automotive Statistical Tool Reporting.

    As prescribed at 1823.271 and 1851.205, insert the following 
clause:

FEDERAL AUTOMOTIVE STATISTICAL TOOL REPORTING

JULY 2003

    If authorized to operate Government-owned or -leased vehicles, 
including interagency fleet management system (IFMS) vehicles or 
related services in performance of this contract, the Contractor 
shall report the data describing vehicle usage required by the 
Federal Automotive Statistical Tool (FAST) by October 15 of each 
year. FAST is accessed through http://fastweb.inel.gov/.

(End of clause)

[FR Doc. 03-18624 Filed 7-21-03; 8:45 am]
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