[Federal Register Volume 69, Number 121 (Thursday, June 24, 2004)]
[Rules and Regulations]
[Pages 35271-35272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14365]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1834, 1835, 1836, 1837, 1839, and 1841

RIN 2700-AC86


Re-Issuance of NASA FAR Supplement Subchapter F

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 March 31, 2004. 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: June 24, 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 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 March 31, 2004 (69 FR 16886). 
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 within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because this final rule only removes 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.

[[Page 35272]]

List of Subjects in 48 CFR Parts 1834, 1835, 1836, 1837, 1839, and 
1841

    Government procurement.

Tom Luedtke,
Assistant Administrator for Procurement.

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Accordingly, 48 CFR Parts 1834, 1835, 1836, 1837, 1839, and 1841 are 
amended as follows:
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1. The authority citation for 48 CFR Parts 1834, 1835, 1836, 1837, 
1839, and 1841, continues to read as follows:

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

PART 1834--MAJOR SYSTEM ACQUISITION

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2. Remove Part 1834.

PART 1835--RESEARCH AND DEVELOPMENT CONTRACTING

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3. Amend Part 1835 by--
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(a) Removing sections 1835.003, 1835.010, 1835.011, 1835.015, 1835.016;
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(b) In section 1835.016-70, removing paragraph (b);
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(c) In section 1835.016-71, removing paragraphs (b), (c), (d), (e), and 
(f); and
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(d) Removing section 1835.016-72.

PART 1836--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

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4. Amend Part 1836 by removing sections 1836.209, 1836.213, 1836.213-3, 
1836.213-4, 1836.602-2, 1836.602-4, 1836.602-5, 1836.602-70, 1836.603, 
1836.605, Subpart 1836.7, 1836.7001, 1836.7002, 1836.7003, and in 
section 1836.7004 removing ``in accordance with 1836.7003''.

PART 1837--SERVICE CONTRACTING

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5. Amend Part 1837 by removing section 1837.204.

PART 1839--ACQUISITION OF INFORMATION TECHNOLOGY

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6. Amend Part 1839 by removing section 1839.105.

PART 1841--ACQUISITION OF UTILITY SERVICES

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7. Amend Part 1841 by removing Subparts 1841.2, 1841.3, and 1841.4.

[FR Doc. 04-14365 Filed 6-23-04; 8:45 am]
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