[Federal Register Volume 69, Number 78 (Thursday, April 22, 2004)]
[Rules and Regulations]
[Pages 21761-21763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9014]


=======================================================================
-----------------------------------------------------------------------

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1801, 1803 through 1809, 1811, and 1812

RIN 2700-AC65


Re-Issuance of the NASA FAR Supplement Subchapters A and B 
Consistent With the Federal Acquisition Regulations System Guidance and 
Policy

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule adopts as final without change, the proposed rule 
published in the Federal Register on November 17, 2003 (68 FR 64847). 
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.

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

[[Page 21762]]

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 rule modifies 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 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 November 17, 2003 (68 FR 
64847). Comments were received from the Aerospace Industries 
Association (AIA). AIA recommended that section 1804.7102, Numbering 
scheme for solicitations, be retained in the CFR on the basis that it 
describes the numbering prefixes that identify NASA's sites and is 
useful to contractors. The numbering methodology is an administrative 
internal control procedure and does not require inclusion in the FAR 
System requiring public comment. This information will be retained in 
the integrated NFS document that will contain both regulations subject 
to public comments and internal Agency guidance and procedures that do 
not require public comment. The single document will continue to be 
available on the Internet. AIA also recommended that section 1807.7205, 
Public availability, be retained on the basis that it describes the 
Internet site where the public can get the annual NASA forecast of 
procurement opportunities. The rule proposed to revise section 
1807.7200, Policy, to include the Internet site information contained 
in section 1807.7205. Retaining 1807.7205 would result in redundant 
coverage and is not necessary. No changes are made to the proposed rule 
as a result of comments received.

B. Regulatory Flexibility Act

    NASA certifies that this final rule will 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 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 1801, 1803 through 1809, 1811, and 
1812

    Government Procurement.

Tom Luedtke,
Assistant Administrator for Procurement.

0
Accordingly, 48 CFR Parts 1801, 1803 through 1809, 1811, and 1812 are 
amended as follows:
0
1. The authority citation for 48 CFR Parts 1801, 1803 through 1809, 
1811, and 1812 continues to read as follows:

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

PART 1801--FEDERAL ACQUISITION REGULATIONS SYSTEM

0
2. Revise section 1801.105-1 to read as follows:


1801.105-1  Publication and code arrangement.

    (b)(i) The NFS is an integrated document that contains both 
acquisition regulations that require public comment and internal Agency 
guidance and procedures that do not require public comment. NASA 
personnel must comply with all regulatory and internal guidance and 
procedures contained in the NFS.
    (ii) NFS regulations that require public comment are issued as 
chapter 18 of title 48, CFR.
    (iii) The single official NASA-maintained version of the NFS is on 
the Internet (http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm).

0
3. Amend Part 1801 by removing Subparts 1801.2, 1801.3, 1801.4, 1810.6, 
and 1801.7.

PART 1803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

0
4. Amend Part 1803 by removing sections 1803.101, 1803.101-1, 1803.101-
2, 1803.104-4, and 1803.104-7; and Subparts 1803.2, 1803.3, 1803.5, 
1803.6, 1803.7, and 1803.8.

PART 1804--ADMINISTRATIVE MATTERS

0
5. Amend Part 1804 by removing section 1804.103, Subparts 1804.2, 
1804.5, 1804.6, 1804.8, 1804.9, 1804.70, 1804.71, 1804.72, and 1804.73.

PART 1805--PUBLICIZING CONTRACT ACTIONS

0
6. Amend Part 1805 by--
0
(a) Removing Subparts 1805.1 and 1805.2;
0
(b) In section 1805.303, removing paragraphs (a)(i)(A), (a)(i)(B), 
(a)(ii), and (a)(iii);
0
(c) Removing sections 1805.303-70 and 1805.303-71; and
0
(d) Removing Subparts 1805.4 and 1805.5.

PART 1806--COMPETITION REQUIREMENTS

0
7. Amend Part 1806 by--
0
(a) In section 1806.202, removing paragraph (b); and
0
(b) Removing section 1806.202-70 and Subparts 1806.3 and 1806.5.

PART 1807--ACQUISITION PLANNING

0
8. Amend Part 1807 by--

[[Page 21763]]

0
(a) Removing sections 1807.103, 1807.104, 1807.105, and 1807.170;
0
(b) Revising section 1807.107-70;
0
(c) Removing Subparts 1807.2, 1807.3, 1807.5, 1807.70, and 1807.71;
0
(d) Revising section 1807.7200; and
0
(e) Removing sections 1807.7202, 1807.7203, 1807.7204, and 1807.7205.
    Revised sections 1807.107-70 and 1807.7200 read as follows:


1807.107-70  Orders against Federal Supply Schedule contracts or other 
indefinite-delivery contracts awarded by another agency.

    The FAR and NFS requirements for justification, review, and 
approval of bundling of contract requirements also apply to an order 
from a Federal Supply Schedule contract or other indefinite-delivery 
contract awarded by another agency if the requirements consolidated 
under the order meet the definition of ``bundling'' at FAR 2.101.


1807.7200  Policy.

    (a) As required by the Business Opportunity Development Reform Act 
of 1988, it is NASA policy to--
    (1) Prepare an annual forecast and semiannual update of expected 
contract opportunities or classes of contract opportunities for each 
fiscal year;
    (2) Include in the forecast contract opportunities that small 
business concerns, including those owned and controlled by socially and 
economically disadvantaged individuals, may be capable of performing; 
and
    (3) Make available such forecasts to the public.
    (b) The annual forecast and semiannual update are available on the 
NASA Acquisition Internet Service (http://www.hq.nasa.gov/office/procurement/).

PART 1808--REQUIRED SOURCES OF SUPPLIES AND SERVICES

0
9. Amend Part 1808 by removing sections 1808.003, 1808.003-70, 
1808.003-71, 1808.003-72, 1808.003-73, Subparts 1808.1, 1808.4, 1808.6, 
1808.7, section 1808.802, and Subpart 1808.11.

PART 1809--CONTRACTOR QUALIFICATIONS

0
10. Amend Part 1809 by removing sections 1809.106, 1809.106-1, 
1809.106-2, 1809.106-3, 1809.106-70, 1809.200, 1809.202, 1809.203, 
1809.203-70, 1809.203-71, paragraphs (b)(i) and (b)(ii) in section 
1809.206-1, 1809.404, 1809.405, 1809.405-1, 1809.405-2, 1809.406, 
1809.406-3, 1809.407, 1809.407-3, 1809.408, 1809.470, 1809.470-1, 
1809.470-2, 1809.470-3, 1809.500, 1809.503, and 1809.506.

PART 1811--DESCRIBING AGENCY NEEDS

0
11. Amend Part 1811 by removing section 1811.002, Subpart 1811.1, 
sections 1811.403, 1811.403-70, 1811.404, and Subparts 1811.5 and 
1811.6.

PART 1812--ACQUISITION OF COMMERCIAL ITEMS

0
12. Amend Part 1812 by removing Subpart 1812.1, section 1812.302 and 
Subpart 1812.4.

[FR Doc. 04-9014 Filed 4-21-04; 8:45 am]
BILLING CODE 7510-01-P