[Federal Register Volume 69, Number 78 (Thursday, April 22, 2004)]
[Rules and Regulations]
[Pages 21763-21764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9011]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1813, 1814, 1815, 1816, and 1817

RIN 2700-AC83


Re-Issuance of NASA FAR Supplement Parts 1813 Through 1817

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

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SUMMARY: This rule adopts as final without change, the proposed rule 
published in the Federal Register on December 22, 2003 (68 FR 71055). 
This final rule amends the NASA FAR Supplement (NFS) by removing from 
the Code of Federal Regulations (CFR) those portions of the NFS 
containing information that consists of internal Agency administrative 
procedures and guidance that does not control the relationship between 
NASA and contractors or prospective contractors. This change is 
consistent with the guidance and policy in FAR Part 1 regarding what 
comprises the Federal Acquisition Regulations System and requires 
publication for public comment. The NFS document will continue to 
contain both information requiring codification in the CFR and internal 
Agency guidance in a single document that is available on the Internet. 
This change will reduce the administrative burden and time associated 
with maintaining the NFS by only publishing in the Federal Register for 
codification in the CFR material that is subject to public comment.

DATES: Effective Date: April 22, 2004.

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

    Currently the NASA FAR Supplement (NFS) contains information to 
implement or supplement the FAR. This information contains NASA's 
policies, procedures, contract clauses, solicitation provisions, and 
forms that govern the contracting process or otherwise control the 
relationship between NASA and contractors or prospective contractors. 
The NFS also contains information that consists of internal Agency 
administrative procedures and guidance that does not control the 
relationship between NASA and contractors or prospective contractors. 
Regardless of the nature of the information, as a policy, NASA has 
submitted to the Office of Information and Regulatory Affairs (OIRA) 
within the Office of Management and Budget (OMB) and published in the 
Federal Register all changes to the NFS. FAR 1.101 states in part that 
the ``Federal Acquisition Regulations System consists of the Federal 
Acquisition Regulation (FAR), which is the primary document, and agency 
acquisition regulations that implement or supplement the FAR. The FAR 
System does not include internal agency guidance of the type described 
in 1.301(a)(2).'' FAR 1.301(a)(2) states in part ``an agency head may 
issue or authorize the issuance of internal agency guidance at any 
organizational level (e.g., designations and delegations of authority, 
assignments of responsibilities, work-flow procedures, and internal 
reporting requirements).'' Further, FAR 1.303 states that issuances 
under FAR 1.301(a)(2) need not be published in the Federal Register. 
Based on the foregoing, NASA is not required to publish and codify 
internal Agency guidance.
    This final rule will modify the existing practice by only 
publishing those regulations which may have a significant effect beyond 
the internal operating procedures of the Agency or have a significant 
cost or administrative impact on contractors or offerors.
    The NFS will continue to integrate into a single document both 
regulations subject to public comments and internal Agency guidance and 
procedures that do not require public comment. Those portions of the 
NFS that require public comment will continue to be amended by 
publishing changes in the Federal Register. NFS regulations that 
require public comment are issued as chapter 18 of title 48, CFR. 
Changes to portions of the regulations contained in the CFR, along with 
changes to internal guidance

[[Page 21764]]

and procedures, will be incorporated into the NASA-maintained Internet 
version of the NFS through Procurement Notices (PNs). The single 
official NASA-maintained version of the NFS will remain available on 
the Internet. NASA personnel must comply with all regulatory and 
internal guidance and procedures contained in the NFS.
    This change will result in savings in terms of the number of rules 
subject to publication in the Federal Register and provide greater 
responsiveness to internal administrative changes. NASA published a 
proposed rule in the Federal Register on December 22, 2003 (68 FR 
71055). No comments were received in response to the proposed rule. 
Therefore, the proposed rule is being converted to a final rule without 
change.

B. Regulatory Flexibility Act

    NASA certifies that this final rule does not have a significant 
economic impact on a substantial number of small entities with the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601. et seq., 
because this rule would only remove from the CFR information that is 
considered internal Agency administrative procedures and guidance. The 
information removed from the CFR will continue to be made available to 
the public via the Internet.

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 1813, 1814, 1815, 1816, and 1817

    Government Procurement.

Tom Luedtke,
Assistant Administrator for Procurement.

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Accordingly, 48 CFR parts 1813 through 1817 are amended as follows:
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1. The authority citation for 48 CFR parts 1813, 1814, 1815, 1816 and 
1817, continues to read as follows:

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

PART 1813--SIMPLIFIED ACQUISITION PROCEDURES

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2. Amend Part 1813 by removing Subpart 1813.1 and sections 1813.301, 
1813.301-70, 1813.301-71, 1813.301-72, 1813.701-73, 1813.302, 1813.302-
1, 1813.302-70, 1813.303, 1813.303-3, and 1813.307.

PART 1814--SEALED BIDDING

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3. Amend Part 1814 by removing sections 1814.201, 1814.201-5, and 
Subpart 1814.4.

PART 1815--CONTRACTING BY NEGOTIATION

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4. Amend Part 1815 by--
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(a) Removing sections 1815.201, 1815.203, 1815.203-70, 1815.203-71, 
1815.204, 1815.204-2, 1815.204-5, 1815.204-70;
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(b) In the first sentence of paragraph (b) of section 1815.208 removing 
``(see 1872.705-1 paragraph VII)'';
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(c) Removing sections 1815.300, 1815.300-70, 1815.303, 1815.304, 
1815.304-70, 1815.305, 1815.305-71, 1815.306(d)(3)(A) and (B), 
1815.307, 1815.308, 1815.370, 1815.403-1, 1815.403-3, 1815.403-4, 
1815.404, 1815.404-2, 1815.404-4, 1815.404-470, 1815.404-471-1, 
1815.404-471-2, 1815.404-471-3, 1815.404-471-4, 1815.404-471-5, 
1815.404-471-6, 1815.406, 1815.406-1, 1815.406-170, 1815.406-171, 
1815.406-172, 1815.406-3;
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(d) Removing ``in 1816.603'' in the last sentence of section 1815.504; 
Removing sections 1815.506, 1815.506-70;
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(e) In section 1815.604, redesignating paragraph (a) as (a)(6); and
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(f) Removing section 1815.606(b), and 1815.7002.

PART 1816--TYPES OF CONTRACTS

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5. Amend Part 1816 by--
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(a) Removing Subpart 1816.1, sections 1816.203, 1816.203-4, 1816.306, 
1816.307(b) and (d), 1816.504, 1816.505, 1816.505-70, and Subpart 
1816.6;
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(b) In section 1816.307, redesignating paragraphs (a) and (g) as (a)(1) 
and (g)(1) respectively;
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(c) In section 1816.402, deleting the period at the end of the 
introductory sentence and adding a colon in its place; and
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(d) In paragraph (e) of section 1816.402-270, deleting the period at 
the end of the introductory sentence and adding a colon in its place.

PART 1817--SPECIAL CONTRACTING METHODS

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6. Amend Part 1817 by removing Subpart 1817.1, section 1817.203, 
paragraph (e)(ii) in section 1817.204, sections 1817.206, 1817.207, 
Subparts 1817.4, 1817.5, 1817.70, 1817.72, sections 1817.7301, 
1817.7301-1, 1817-7301-2, 1817.7301-3, 1817.7301-4,1817.7301-5; and in 
section 1817.7302 removing ``described in 1817.7301-5'' in the first 
sentence of paragraphs (a) and (b).

[FR Doc. 04-9011 Filed 4-21-04; 8:45 am]
BILLING CODE 7510-01-P