[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Rules and Regulations]
[Page 12420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05231]



[[Page 12420]]

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1809 and 1852

RIN 2700-AE26


NASA FAR Supplement: NASA Suspending and Debarring Official

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

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SUMMARY: National Aeronautics and Space Administration (NASA) is 
issuing a final rule to amend the NASA FAR Supplement (NFS) to change 
the role of NASA suspending and debarring official from the Assistant 
Administrator for Procurement to the Deputy General Counsel and to make 
other editorial changes.

DATES: Effective: April 8, 2016.

FOR FURTHER INFORMATION CONTACT: Manuel Quinones, NASA, Office of 
Procurement, telephone (202) 358-2143.

SUPPLEMENTARY INFORMATION: 

I. Background

    NASA has not published a proposed rule in the Federal Register to 
reassign the role of NASA Suspending and Debarring Official (SDO) from 
the NASA Assistant Administrator for Procurement to the NASA Deputy 
General Counsel at NFS 1809.403, because this change affects only the 
internal operating procedures of the Government and has no significant 
cost or administrative or cost impact on contractors or offerors.
    Additionally, section 1852.223-73 is revised to correct a 
typographical error by redesignating paragraph (d) as (c). No other 
changes to the clause are made.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    Publication of proposed regulations, 41 U.S.C. 1707, is the statute 
which applies to the publication of the Federal Acquisition Regulation. 
Paragraph (a)(1) of the statute requires that a procurement policy, 
regulation, procedure or form (including an amendment or modification 
thereof) must be published for public comment if it relates to the 
expenditure of appropriated funds, and has either a significant effect 
beyond the internal operating procedures of the agency issuing the 
policy, regulation, procedure or form, or has a significant cost or 
administrative impact on contractors or offerors. This final rule is 
not required to be published for public comment, because the revision 
to section 1809.403 merely reassigns the role of NASA suspending and 
debarring official from the Assistant Administrator for Procurement to 
the Deputy General Counsel. This change affects only the internal 
operating procedures of the Government.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health, and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant NFS revision within 
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 does not require 
publication for public comment.

V. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR 1809 and 1852

    Government procurement.

Manuel Quinones,
NASA FAR Supplement Manager.

    Accordingly, 48 CFR parts 1809 and 1852 are amended as follows:

PART 1809--CONTRACTOR QUALIFICATIONS

0
1. The authority citation for part 1809 is revised to read as follows:

    Authority:  51 U.S.C. 20113(a) and 48 CFR chapter 1.


0
2. Revise section 1809.403 to read as follows:


1809.403  Definitions.

    For purposes of FAR subpart 9.4 and this subpart, the Deputy 
General Counsel is the ``debarring official,'' the ``suspending 
official,'' and the agency head's ``designee.''

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. The authority citation for part 1852 is revised to read as follows:

    Authority:  51 U.S.C. 20113(a) and 48 CFR chapter 1.


1852.223-73  [Amended]

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4. Amend section 1852.223-73 by redesignating paragraph (d) as (c).

[FR Doc. 2016-05231 Filed 3-8-16; 8:45 am]
 BILLING CODE 7510-13-P