[Federal Register Volume 69, Number 198 (Thursday, October 14, 2004)]
[Rules and Regulations]
[Pages 60967-60968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22967]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1852, 1853 and 1872

RIN 2700-AC88


Re-Issuance of NASA FAR Supplement Subchapters H and I

AGENCY: National Aeronautics and Space Administration.

[[Page 60968]]


ACTION: Final rule.

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SUMMARY: This rule adopts as final without change, the proposed rule 
published in the Federal Register on May 21, 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 October 14, 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 May 21, 
2004 (69 FR 29256). 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 final 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 1852, 1853, and 1872

    Government Procurement.

Tom Luedtke,
Deputy Chief Acquisition Officer/Director for Procurement.

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Accordingly, 48 CFR Parts 1852, 1853, and 1872 are amended as follows:
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1. The authority citation for 48 CFR Parts 1852, 1853, and 1872 
continues to read as follows:

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

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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2. Amend part 1852 by--
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A. Removing subpart 1852.1; and
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B. In the introductory text of section 1852.223-74, removing 
``1823.570-3'' and adding ``1823.570-2'' in its place.

PART 1853--FORMS

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3. Remove and reserve part 1853.

PART 1872--ACQUISITIONS OF INVESTIGATIONS

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4. Remove and reserve part 1872.

[FR Doc. 04-22967 Filed 10-13-04; 8:45 am]
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