[Federal Register Volume 69, Number 143 (Tuesday, July 27, 2004)]
[Rules and Regulations]
[Pages 44610-44611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17064]


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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: Final rule.

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SUMMARY: This rule adopts as final with change the interim rule 
published in the Federal Register on March 22, 2004 (69 FR 13260). The 
interim rule revised 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 to conform 
with changes made to the FAR by Federal Acquisition Circulars (FAC) 
2001-14 and 2001-19. This final rule adopts the interim rule with a 
change to conform to changes made to the FAR by FAC 2001-23.

DATES: Effective Date: July 27, 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

    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. The interim rule 
published in the Federal Register on March 22, 2004 (69 FR 13260) 
amended NFS section 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, the interim rule revised 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). The interim rule also updated

[[Page 44611]]

and corrected references and made minor editorial changes. No comments 
were received in response to the interim rule.
    The interim rule is being adopted as final with a change to correct 
an ambiguity in the definition of a service-disabled veteran-owned 
small business (SDVOSB) concern at 1852.213-70 consistent with change 
in the definition of a SDVOSB concern in FAC 2001-23. Including this 
clarification is not considered a significant change and is therefore 
appropriate for inclusion in this final rule.
    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 final 
rule is not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    NASA certifies that this final rule will 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 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; and the change to the definition of service-disabled veteran-
owned small business concern is merely a clarification of the 
definition.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes do 
not impose and 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.

List of Subjects in 48 CFR Part 1852

    Government procurement.

Tom Luedtke,
Assistant Administrator for Procurement.

0
Accordingly, NASA adopts the interim rule amending 48 CFR part 1852, 
which was published in the Federal Register on March 22, 2004 (69 FR 
13260) as a final rule amended as follows:

0
1. The authority citation for 48 CFR part 1852 continues to read as 
follows:

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

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
2. Amend section 1852.213-70 by revising the date of the provision; and 
in paragraph (a), revising paragraph (1)(ii) of the definition of 
``Service-disabled veteran-owned small business concern'' to read as 
follows:


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

* * * * *

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

    (a) * * *
    ``Service-disabled veteran-owned small business concern''--
    (1) * * *
    (ii) The management and daily business operations of which are 
controlled by one or more service-disabled veterans or, in the case of 
a service-disabled veteran with permanent and severe disability, the 
spouse or permanent caregiver of such veteran.
* * * * *
[FR Doc. 04-17064 Filed 7-26-04; 8:45 am]
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