[Federal Register Volume 68, Number 148 (Friday, August 1, 2003)]
[Rules and Regulations]
[Pages 45168-45169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19640]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1806, 1807, 1811, 1814, 1815, 1817, 1819, 1825, 1827, 
1844, 1852, and 1872

RIN 2700-AC72


Conformance with Federal Acquisition Circular (FAC) 2001-14 and 
Miscellaneous Administrative and Editorial Changes

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

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SUMMARY: This final rule revises the NASA FAR Supplement (NFS) to 
conform to changes made to the Federal Acquisition Regulation (FAR) by 
Federal Acquisition Circular 2001-14 and to make administrative and 
editorial changes needed to update the designated agency competition 
advocate, update and remove outdated references, add URL citations, and 
clarify the term ``NASA workforce'' as used in the instruction for 
drafting an announcement of opportunity.

EFFECTIVE DATE: August 1, 2003.

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

SUPPLEMENTARY INFORMATION:

A. Background

    Federal Acquisition Circular 2001-14 clarified the use of the term 
``United States,'' and made changes to the cost principles at FAR 
31.205-10, Cost of Money. A change is required in NFS 1815.404-471-5, 
Facilities capital cost of money, to update the cross-reference to the 
revised FAR 31.205-10. NFS section 1825.7001 is amended to remove the 
phrase `` its possessions, and Puerto Rico'' since it is no longer 
necessary based on the definition of ``United States'' contained in FAR 
Part 25. Administrative changes are made to the agency designated 
competition advocate and the individual the competition advocate will 
report to. Additionally, editorial changes are made to update and 
remove outdated references, clarify what is meant by the NASA workforce 
when used in the instructions for drafting an announcement of 
opportunity, and add URL citations.

B. Regulatory Flexibility Act

    This final rule does not constitute a significant revision within 
the meaning of FAR 1.501 and Public Law 98-577, and publication for 
public comment is not required. However, NASA will consider comments 
from small entities concerning the affected NFS Parts 1806, 1807, 1811, 
1814, 1815, 1817, 1819, 1825, 1827, 1844, 1852, and 1872 in accordance 
with 5 U.S.C. 610.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes do 
not impose recordkeeping or information collection requirements 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 Parts 1806, 1807, 1811, 1814, 1815, 
1817, 1819, 1825, 1827, 1844, 1852, and 1872

    Government procurement.

Charles W. Duff II,
Acting Assistant Administrator for Procurement.

0
Accordingly, 48 CFR parts 1806, 1807, 1811, 1814, 1815, 1817, 1819, 
1825, 1827, 1844, 1852, and 1872 are amended as follows:
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1. The authority citation for 48 CFR Parts 1806, 1807, 1811, 1814, 
1815, 1817, 1819, 1825, 1827, 1844, 1852, and 1872 continues to read as 
follows:

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

PART 1806--COMPETITION REQUIREMENTS

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2. In section 1806.501, revise paragraph (1) to read as follows:


1806.501  Requirement.

    (1) The Director, Program Operations Division, Code HS, is the 
agency competition advocate, reporting to the Assistant Administrator 
for Procurement on issues related to competition of NASA acquisitions.
* * * * *

PART 1807--ACQUISITION PLANNING


1807.7000  [Amended]

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3. In the last sentence of section 1807.7000, remove the URL ``(http://procurement.nasa.gove/cgi-bin/CCI/first.cgi)'' and add ``(http://prod.nais.nasa.gov/cgi-bin/cci/first.cgi)'' in its place.

PART 1811--DESCRIBING AGENCY NEEDS

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4. Section 1811.600 is added to read as follows:


1811.600  Scope of subpart.

    The Defense Priorities and Allocations System (15 CFR part 700) may 
be viewed at http://www.doc-bxa.bmpcoe.org/dpas-docs/dpasreg.pdf.

[[Page 45169]]

PART 1814--SEALED BIDDING


1814.407-3  [Amended]

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5. In paragraph (e) of section 1814.407-3, add the abbreviation ``FAR'' 
immediately before 14.407-3(a).

PART 1815--CONTRACTING BY NEGOTIATIONS


1815.404-471-5  [Amended]

0
6. In paragraph (a) of section 1815.404-471-5, remove ``FAR 31.205-
10(a)(2)'' and add ``FAR 31.205-10(b)'' in its place.

PART 1817--SPECIAL CONTRACTING METHODS


1817.7002  [Amended]

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7. In paragraph (b) of section 1817.7002, remove ``1817.504(b)(4)'' and 
add ``1817.7203'' in its place.

PART 1819--SMALL BUSINESS PROGRAMS

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8. Revise paragraph (a) of section 1819.7002 to read as follows:


1819.7002  Contracting officer responsibility.

    (a) Contracting officers must seek out as potential sources small 
disadvantaged business concerns, women-owned small business concerns, 
historically black colleges or universities and minority institutions, 
and give full consideration to these entities to satisfy NASA 
requirements. The participation of NASA prime contractors is also 
essential to meeting the Agency's 8 percent goal.
* * * * *

PART 1825--FOREIGN ACQUISITION


1825.7001  [Amended]

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9.-10. in paragraph (a) of section 1825.7001, remove the phrase ``, its 
possessions, and Puerto Rico''.


1825.7002  [Amended]

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11. In section 1825.7002, amend paragraph (b)(1)(ii) by adding 
``(pursuant to NPD 1050.1) ``after the word involved''.

PART 1827--PATENTS, DATA, AND COPYRIGHTS

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12. In section 1827.404, paragraph (g)(3)(B)(c) is revised to read as 
follows:


1827.404  Basic rights in data clause.

* * * * *
    (g) * * *
    (3) * * *
    (B) * * *
    (c) The concurrence of the Headquarters Office of Aerospace 
Technology, Commercial Technology Division (Code RC) is obtained.

PART 1844--SUBCONTRACTING POLICIES AND PROCEDURES


1844.302-71  [Amended]

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13. Amend section 1844.302-71 by removing paragraph (a) and 
redesignating paragraphs (b) and (c) as (a) and (b) respectively.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


1852.246-72  [Amended]

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14. Amend the clause at 1852.246-72 by--
    (a) Revising the date of the clause to read ``August 2003''; and
    (b) Removing ``1846.672-1'' from the first sentence of paragraph 
(b) and adding ``1846.6'' in its place.

PART 1872--ACQUISITIONS OF INVESTIGATIONS

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15. In section 1872.705, revise paragraph II (3) to read as follows:


1872.705  Format of Announcement of Opportunity (AO).

* * * * *

II. NASA's Safety Priority.

* * * * *
    (3) The NASA workforce (including contractor employees working on 
NASA contracts); and
* * * * *
[FR Doc. 03-19640 Filed 7-31-03; 8:45 am]
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