[Federal Register Volume 68, Number 211 (Friday, October 31, 2003)]
[Rules and Regulations]
[Pages 62022-62023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27491]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1805, 1823, 1825, and 1852

RIN 2700-AC92


Conformance With Federal Acquisition Circulars 2001-15 and 2001-
14

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 (FAC) 2001-15 by providing guidance to 
contracting officers for use of clause alternates to implement 
environmental management system (EMS) requirements on NASA facilities 
and removing the requirement for submission of SF 129, Solicitation 
Mailing List Application. Additional changes are made to conform to the 
revised definition of ``United States'' contained in FAC 2001-14 and to 
update the designated NASA ombudsman.

EFFECTIVE DATE: October 31, 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

    Item I of FAC 2001-15 eliminated the SF 129, Solicitation Mailing 
List Application and the need to maintain paper-based sources of 
contractor information. As a result, a change to NFS Part 1805 is 
required. FAC 2001-15, item number V, Leadership in

[[Page 62023]]

Environmental Management (E.O. 13148), requires insertion of Alternates 
I or II to FAR clause 52.223-5, Pollution Prevention and Right-to-Know 
Information, in certain contracts that provide for performance on a 
Federal facility if an Environmental Management System (EMS) is being 
implemented. NASA is implementing an EMS. This NFS change implements 
FAC 2001-15 item number V by providing guidance on when to use the 
alternates. FAC 2001-14, clarified the use of the term ``United 
States.''
    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. Lastly, 
this change to the NFS updates the designated NASA ombudsman.
    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 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 Parts 1805, 1823, 1825 and 
1852 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 1805, 1823, 1825, and 1852

    Government Procurement.

Tom Luedtke,
Assistant Administrator for Procurement.

0
Accordingly, 48 CFR Parts 1805, 1823, 1825, and 1852 is amended as 
follows:
0
1. The authority citation for 48 CFR Parts 1805, 1823, 1825, and 1852 
continues to read as follows:

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

PART 1805--PUBLICIZING CONTRACT ACTIONS

0
2. Remove section 1805.205

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

0
3. Add Subpart 1823.10 to read as follows:

Subpart 1823.10--Federal Compliance With Right-to-Know Laws and 
Pollution Prevention Requirements


1823.1005   Contract clause.

    (b) Use the clause with its Alternate I if the contract provides 
for contractor (1) Operation or maintenance of a NASA facility at which 
NASA has implemented or plans to implement an EMS, including, but not 
limited to the Jet Propulsion Laboratory and Michoud Assembly Facility; 
or
    (2) Activities and operations--
    (ii) The contracting officer and the procurement request initiator 
shall determine whether the contractor's activities or operations are 
covered within the EMS, in cooperation with the facility's 
environmental office, and in accordance with NPG 8553.1, ``NASA 
Environmental Management System (EMS)'' paragraph 1.2.c, and the local 
EMS documented procedures.
    (c) Use the clause with its Alternate II whenever Alternate I is 
used.

PART 1825--FOREIGN ACQUISITION


1825.7001   [Amended]

0
4. Amend section 1825.7001 by removing ``, its possessions, and 
``Puerto Rico''.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
5. Amend the clause at section 1852.215-84 by--
0
(a) Revising the date to read (OCT 2003, and
0
(b) In the second sentence of paragraph (b) removing ``202-358-0422, 
facsimile 202-358-3083, e-mail [email protected]'' and adding ``202-
358-0445, facsimile 202-358-3083, e-mail [email protected]'' 
in its place.

[FR Doc. 03-27491 Filed 10-30-03; 8:45 am]
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