[Federal Register Volume 69, Number 55 (Monday, March 22, 2004)]
[Rules and Regulations]
[Pages 13260-13261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6042]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1852

RIN 2700-AC97


Representations and Certifications--Other Than Commercial Items

AGENCY: National Aeronautics and Space Administration.

ACTION: Interim rule.

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SUMMARY: This interim rule revises the NASA Federal Acquisition 
Regulation (FAR) Supplement (NFS) by amending the Offeror 
Representations and Certifications--Other Than Commercial Items 
provision used in solicitations for non-commercial simplified 
acquisitions. This change is required to conform with changes made to 
the FAR by Federal Acquisition Circulars (FAC) 2001-14 and 2001-19.

DATES: Effective Date: This interim rule is effective March 22, 2004.
    Comment Date: Interested parties should submit comments to NASA at 
the address below on or before May 21, 2004, to be considered in 
formulation of the final rule.

ADDRESSES: Interested parties may submit comments, identified by RIN 
number 2700-AC97, via the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. 
Comments may also be submitted to Celeste Dalton, NASA, Office of 
Procurement, Contract Management Division (Code HK), Washington, DC 
20546. Comments can also be submitted by e-mail to: 
[email protected].

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

    NASA FAR Supplement (NFS) provision 1852.213-70, Offeror 
Representations and Certifications--Other Than Commercial Items, 
provides a consolidated set of representations and certifications for 
use under non-commercial simplified acquisitions. This interim rule 
makes changes to NFS 1852.213-70 to conform to changes made to FAR 
provisions 52.225-4 and 52.225-6 by FACs 01-14 and 01-19, and changes 
made to 52.225-2 by FAC 01-14. These FAR provisions are included as 
paragraphs (e) and (f) of 1852.213-70. Specifically, FAC 01-14 
clarified the use of the term ``United States,'' when used in a 
geographic sense and provided a definition of ``outlying areas'' of the 
United States, a term that encompasses the named outlying 
commonwealths, territories, and minor outlying islands. In addition to 
changes required in paragraphs (e) and (f) of 1852.213-70, a change is 
required in the introductory text of paragraph (c) as a result of the 
definition of ``outlying areas''. FAC 01-19 made changes to implement 
the new Free Trade Agreements with Chile and Singapore, as approved by 
Congress (Pub. L. 108-77 and 108-78). These changes included removing 
references to ``North American Free Trade Agreement'' and incorporating 
the new concept of ``Free Trade Agreements'' in FAR provisions 52.225-4 
and 52.225-6. In addition to the changes resulting from FACs 01-14 and 
01-19, this interim rule revises 1852.213-70 to incorporate the 
definition of ``service-disabled veteran'' into the definition of 
``service-disabled veteran-owned small business concern'' consistent 
with FAR 2.101(b). Finally, this change updates and corrects references 
and makes minor editorial changes.
    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 interim rule is not expected to 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 
acquisitions under $100,000 that are set aside for small businesses are 
exempt from trade agreements and these representations and 
certifications only apply to non-commercial acquisitions less than 
$100,000. NASA will consider comments from small entities concerning 
the affected NFS Part 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 any new recordkeeping or information collection requirements 
which require the approval of the Office of Management and Budget under 
44 U.S.C. 3501, et seq.

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 
without prior opportunity for public comment. This action is necessary 
consistent with the determination made for issuance of Item II of FAC 
01-19 as an interim rule because the Free Trade Agreements with Chile 
and Singapore, as approved by Congress (Pub. L. 108-77 and 108-78) were 
effective January 1, 2004. NASA will consider public comments received 
in response to this interim rule in formation of the final rule.

List of Subjects in 48 CFR Part 1852

    Government procurement.


Tom Luedtke,
Assistant Administrator for Procurement.


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Accordingly, 48 CFR part 1852 is amended as follows:

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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1. The authority citation for 48 CFR part 1852 continues to read as 
follows:

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


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2. Amend section 1852.213-70 by--
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(a) Revising the date of the provision to read ``(MAR 2004)'';
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(b) Amending paragraph (a) by --

[[Page 13261]]

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(i) Removing the definition for ``Service-disabled veteran'';
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(ii) Revising the definition for ``Service-disabled veteran-owned small 
business concern'';
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(c) Revising the introductory text of paragraph (c);
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(d) In paragraph (c)((7)(ii), removing ``(c)(11)(i)'' and adding 
``(c)(7)(i)'' in its place;
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(e) Revising paragraphs (e) introductory text and (e)(1);
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(f) Removing ``North American Free Trade Agreement'' from paragraph 
(f)(1) (twice), (f)(1)(ii), and (f)(1)(iii) and adding ``Free Trade 
Agreements'' in its place;
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(g) Revising paragraph (f)(1)(i);
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(h) In paragraph (f)(2), removing ``North American'' and adding ``(JAN 
2004)'' immediately after ``Alternate I'' in the first sentence, and 
removing ``North American Free Trade Agreement'' from paragraph 
(f)(1)(ii) and adding ``Free Trade Agreements'' in its place;
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(i) In paragraph (f)(3), removing ``North American'' and adding ``(JAN 
2004)'' immediately after ``Alternate II'' in the first sentence, and 
removing ``North American Free Trade Agreement'' from paragraph 
(f)(1)(ii) and adding ``Free Trade Agreements'' in its place;
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(j) Removing ``NAFTA'' from paragraphs (f)(1)(ii) (twice), (f)(4)(i), 
(f)(4)(ii), and (f)(4)(iii) (twice) and adding ``FTA'' in its place;
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(k) Revising the date for Alternate I to read ``(MAR 2004)''; and in 
the introductory text, removing ``1813.302-570(a)(2)'' and adding 
``1813.302-570(a)(2)(i)'' in its place;
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(l) Revising the date for Alternate II to read ``(MAR 2004)''; and in 
the introductory text, removing ``1813.302-570(a)(2)'' and adding 
``1813.302-570(a)(2)(ii)'' in its place; and
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(m) Revising the date for Alternate III to read ``(MAR 2004)''; and in 
the introductory text, removing ``1813.302-570(a)(2)'' and adding 
``1813.302-570(a)(2)(iii)'' in its place.
    The revised and added text reads as follows:


1852.213-70  Offeror Representations and Certifications--Other Than 
Commercial Items.

* * * * *

Offeror Representations and Certifications--Other Than Commercial Items 
(MAR 2004)

    (a) * * *
    ``Service-disabled veteran-owned small business concern''--
    (1) Means a small business concern--
    (i) Not less than 51 percent of which is owned by one or more 
service-disabled veterans or, in the case of any publicly owned 
business, not less than 51 percent of the stock of which is owned by 
one or more service-disabled veterans; and
    (ii) The management and daily business operations of which are 
controlled by one or more service-disabled veterans or, in the case of 
a veteran with permanent and severe disability, the spouse or permanent 
caregiver of such veteran.
    (2) Service-disabled veteran means a veteran, as defined in 38 
U.S.C. 101(2), with a disability that is service-connected, as defined 
in 38 U.S.C. 101(16).
* * * * *
    (c) Offerors must complete the following representations when the 
resulting contract will be performed in the United States or its 
outlying areas. Check all that apply.
* * * * *
    (e) Buy American Act Certificate. (Applies only if the clause at 
Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--
Supplies, is included in this solicitation.)
    (1) The offeror certifies that each end product, except those 
listed in paragraph (e)(2) of this provision, is a domestic end product 
and that the offeror has considered components of unknown origin to 
have been mined, produced, or manufactured outside the United States. 
The offeror shall list as foreign end products those end products 
manufactured in the United States that do not qualify as domestic end 
products. The terms ``component,'' ``domestic end product,'' ``end 
product,'' ``foreign end product,'' and ``United States'' are defined 
in the clause of this solicitation entitled ``Buy American Act-
Supplies.''
* * * * *
    (f)(1) * * *
    (i) The offeror certifies that each end product, except those 
listed in paragraph (f)(1)(ii) or (f)(1)(iii) of this provision, is a 
domestic end product and that the offeror has considered components of 
unknown origin to have been mined, produced, or manufactured outside 
the United States. The terms ``component,'' ``domestic end product,'' 
``end product,'' ``foreign end product,'' and ``United States'' are 
defined in the clause of this solicitation entitled ``Buy American 
Act--Free Trade Agreements-- Israeli Trade Act''
* * * * *
[FR Doc. 04-6042 Filed 3-19-04; 8:45 am]
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