[Federal Register Volume 68, Number 193 (Monday, October 6, 2003)]
[Rules and Regulations]
[Page 57629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25290]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1817

RIN 2700-AC78


Interagency Acquisition Approvals

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

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SUMMARY: This final rule amends the NASA Federal Acquisition Regulation 
Supplement (NFS) by establishing a five-year limitation on interagency 
acquisitions. Individual orders or successive non-competitive orders 
for the same requirement with the same servicing agency that will 
exceed five years require approval of a deviation. This final rule also 
requires determinations and findings (D&Fs) for interagency 
acquisitions to identify the period of performance and whether the 
acquisition is for a non-competitive follow-on for the same requirement 
with the same servicing agency. These changes result from NASA's 
agreement with OMB on an action plan regarding the President's 
Management Agenda Competitive Sourcing element. These changes will 
establish greater consistency in the approval requirements for 
contracts, grants, cooperative agreements, and interagency acquisitions 
with anticipated periods of performance exceeding five years.

EFFECTIVE DATE: October 6, 2003.

FOR FURTHER INFORMATION CONTACT: Joseph Le Cren, NASA Headquarters, 
Office of Procurement, Program Operations Division (Code HS), 
Washington, DC 20546-0001, (202) 358-0431, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    OMB and NASA entered into an agreement on an action plan regarding 
the President's Management Agenda Competitive Sourcing element. That 
agreement called for NASA to put in place plans for reviews and 
recompetitions of contracts, interagency acquisitions, and partnerships 
identified in inventories submitted to OMB in September 2002. In 
developing NASA's plan for reviews and recompetitions, existing 
guidance pertaining to interagency acquisitions was reviewed and areas 
requiring revision or coverage were identified.
    Contracts (inclusive of options), grants, and cooperative 
agreements that are planned to exceed five years, generally require the 
prior approval of the Assistant Administrator for Procurement. However, 
there are no limits for interagency acquisitions. This final rule 
establishes a similar requirement for interagency acquisitions, as well 
as the information to be provided for a deviation from the rule.
    The FAR specifies information that is to be included in the D&Fs 
for interagency acquisitions. However, there is no requirement for the 
period of performance to be identified. This final rule establishes 
such a requirement in order to restrict the use of long-term 
acquisitions (greater than five years) that preclude the opportunity 
for competition. 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

    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, NASA will consider comments from 
small entities concerning the affected NFS Part 1817 in accordance with 
5 U.S.C. 610.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this final rule 
does 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 Part 1817

    Government procurement.

Tom Luedtke,
Assistant Administrator for Procurement.


0
Accordingly, 48 CFR Part 1817 is amended as follows:
0
1. The authority citation for 48 CFR Part 1817 continues to read as 
follows:

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

PART 1817--SPECIAL CONTRACTING METHODS

0
2. Amend section 1817.7201 by redesignating the existing text as 
paragraph (a) and adding paragraphs (b) and (c) to read as follows:


1817.7201  Policy.

* * * * *
    (b) Individual orders or successive non-competitive interagency 
orders for the same requirement with the same servicing agency shall 
not exceed five years.
    (c) Requests for deviation from the five year limitation in 
paragraph (b) of this section shall require the approval of the Center 
Director if the estimated value of the order is $5 million or less, or 
the Assistant Administrator for Procurement (Code HS) if the estimated 
value of the order exceeds $5 million. Requests for deviation shall 
address:
    (1) Why more than five years is required;
    (2) Why the work must be performed by the same servicing agency; 
and
    (3) How long beyond the current order the requirement is expected 
to continue.

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3. Amend section 1817.7202 by redesignating existing paragraphs (c) and 
(d) as (d) and (e) respectively, and adding a new paragraph (c) to read 
as follows:


1817.7202  Determinations and findings requirements.

* * * * *
    (c) In addition to the requirements in FAR 17.503, the D&F must 
identify the period of performance and whether the acquisition is a 
non-competitive follow-on for the same services from the same servicing 
agency. (See 1817.7201(b).)
* * * * *
[FR Doc. 03-25290 Filed 10-3-03; 8:45 am]
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