[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Proposed Rules]
[Pages 13308-13309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05230]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1815 and 1852

RIN 2700-AE27


Removal of Grant Handbook References (2016-N001)

AGENCY: National Aeronautics and Space Administration.

ACTION: Proposed rule.

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SUMMARY: National Aeronautics and Space Administration (NASA) is 
proposing to amend the NASA FAR Supplement (NFS) to remove references 
to NASA's Grant and Cooperative Agreement Handbook, NASA Procedural 
Requirements (NPR) 5800.1, NASA Grant and Cooperative Agreement 
Handbook and Office of Management and Budget (OMB) Circulars A-21 for 
educational institutions and A-122 for nonprofit organizations.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before May 13, 2016 to be considered in 
formulation of the final rule.

ADDRESSES: Submit comments identified by NFS Case 2016-N001, using any 
of the following methods:
    [cir] Regulations.gov: http://www.regulations.gov. Submit comments 
via the Federal eRulemaking portal by entering ``NFS Case 2016-N001'' 
under the heading ``Enter keyword or ID'' and selecting ``Search.'' 
Select the link ``Submit a Comment'' that corresponds with ``NFS Case 
2016-N001.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``NFS Case 2016-N001'' on your attached document.
    [cir] Email: [email protected]. Include NFS Case 2016-N001 in 
the subject line of the message.
    [cir] Fax: (202) 358-3082.
    [cir] Mail: National Aeronautics and Space Administration, 
Headquarters, Office of Procurement, Contract and Grant Policy 
Division, Attn: Andrew O'Rourke, Suite 5L32, 300 E. Street SW., 
Washington, DC 20546-0001.

FOR FURTHER INFORMATION CONTACT: Andrew O'Rourke, NASA, Office of 
Procurement, Contract and Grant Policy Division, Suite 5L32, 300 E. 
Street SW., Washington, DC 20456-0001. Telephone (202) 358-4560; 
facsimile 202-358-3082; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On September 11, 2015, NASA published a final rule in the Federal 
Register (80 FR 54701) titled, Uniform Administrative Requirements, 
Cost Principles and Audit Requirements for Federal Awards, to establish 
policies and procedures for grants and cooperative agreements awarded 
by NASA. The policies and procedures that recipients must follow are 
those appearing in subparts A through F of 2 Code of Federal 
Regulations (CFR) part 200 and as supplemented by 2 CFR part 1800. 
Additionally, in December 2014, NASA issued a non-regulatory policy and 
procedure manual titled, NASA Grant and Cooperative Agreement Manual. 
These two documents replaced the NASA Grant and Cooperative Agreement 
Handbook and are available at https://answers.nssc.nasa.gov/app/answers/detail/a_id/6487.

II. Discussion

    NASA is proposing to remove references to grant and cooperative 
agreement policy and guidance from the NASA FAR Supplement, which 
supplements the FAR, because they do not pertain to the procurement of 
goods and services. The FAR only contains guidance on contracts and no 
other funding agreements such as grants and cooperative agreements. 
Consistent with Executive Order (E.O.) 13563, Improving Regulations and 
Regulatory Review, NASA reviewed the NFS and is proposing to remove 
references to the NASA Grant and Cooperative Agreement Handbook and 
Office of Management and Budget (OMB) Circulars A-21 for educational 
institutions and A-122 for nonprofit organizations located at NFS 
1815.602 and in NFS 1852.235-72. Circulars A-21 and A-122 were 
rescinded and no longer applicable for new awards after December 26, 
2014. Both of these OMB circulars were replaced by 2 CFR part 200.

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

    NASA does not expect this proposed rule to 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 it merely removes outdated and unnecessary grant and 
cooperative agreement references that should not be in the NFS. 
Therefore, an initial regulatory flexibility analysis has not been 
performed. NASA invites comments from small business concerns and other 
interested parties on the expected impact of this proposed rule on 
small entities.
    NASA will also consider comments from small entities concerning the

[[Page 13309]]

existing regulations in subparts affected by this rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 610 (NFS case 2016-N001) in 
correspondence.

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 Parts 1815 and 1852

    Government procurement.

Manuel Quinones,
NASA FAR Supplement Manager.

    Accordingly, 48 CFR parts 1815 and 1852 are proposed to be amended 
as follows:

PART 1815--CONTRACTING BY NEGOTIATION

0
1. The authority citation for part 1815 is revised to read as follows:

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

0
2. Revise section 1815.602 to read as follows:


1815.602  Policy.

    Renewal proposals, (i.e., those for the extension or augmentation 
of current contracts) are subject to the same FAR and NFS regulations, 
including the requirements of the Competition in Contracting Act, as 
are proposals for new contracts.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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

    Authority: 51 U.S.C. 20113(a) and 41 U.S.C. chapter 1.

0
4. Amend section 1852.235-72 by--
0
a. Removing from the provision heading ``DEC 2005'' and adding ``DATE'' 
in its place; and
0
b. Revising paragraphs (a)(4) and (c)(8)(iii).
    The revisions read as follows:


1852.235-72  Instructions for Responding to NASA Research 
Announcements.

* * * * *
    (a) * * *
    (4) A contract, grant, cooperative agreement, or other agreement 
may be used to accomplish an effort funded in response to an NRA. NASA 
will determine the appropriate award instrument. Contracts resulting 
from NRAs are subject to the Federal Acquisition Regulation and the 
NASA FAR Supplement. A grant, cooperative agreement, or other agreement 
resulting from NRAs are subject to policies and procedures outlined in 
the Guidebook for Proposers Responding to a NASA Funding Announcement, 
2 CFR part 1800, 14 CFR part 1274, or other agreement policy. Any 
proposal from a large business concern that may result in the award of 
a contract, which exceeds $5,000,000 and has subcontracting 
possibilities should include a small business subcontracting plan in 
accordance with the clause at FAR 52.219-9, Small Business 
Subcontracting Plan. (Subcontract plans for contract awards below 
$5,000,000, will be negotiated after selection.)
* * * * *
    (c) * * *
    (8) * * *
    (iii) Allowable costs are governed by FAR part 31 and the NASA FAR 
Supplement part 1831.
* * * * *
[FR Doc. 2016-05230 Filed 3-11-16; 8:45 am]
 BILLING CODE 7510-13-P