[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 29040-29041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13463]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1843 and 1852
RIN 2700-AE44
NASA Federal Acquisition Regulation Supplement: Removal of
Reference to the Shared Savings Policy and Associated Clause (NFS Case
2018-N008)
AGENCY: National Aeronautics and Space Administration.
ACTION: Direct final rule.
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SUMMARY: NASA is issuing a final rule to amend the NASA Federal
Acquisition Regulation (FAR) Supplement (NFS) to remove reference to
the Shared Savings policy and associated clause.
DATES: This final rule is effective August 21, 2018. Comments due on or
before July 23, 2018. If adverse comments are received, NASA will
publish a timely withdrawal of the rule in the Federal Register.
ADDRESSES: Submit comments identified by NFS Case 2018-N008, using any
of the following methods:
[cir] Federal eRulemaking Portal: http://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by searching for
``NFS Case 2018-N008''. Select the link ``Comment Now'' that
corresponds with ``NFS Case 2018-N008''. Follow the instructions
provided on the screen. Please include your name, company name (if
any), and ``NFS Case 2018-N008'' on any uploaded files.''
[cir] Email: [email protected]. Include ``NFS Case 2018-
N008'' in the subject line of the message.
FOR FURTHER INFORMATION CONTACT: Marilyn J. Seppi, NASA Headquarters,
Office of Procurement, Contract and Grant Policy Division, Suite 5H35,
300 E. Street SW, Washington, DC 20456-0001. Telephone 202-358-0447.
SUPPLEMENTARY INFORMATION:
I. Background
NFS subpart 1843.71, Shared Savings, and associated clause
1852.243-71, Shared Savings, were added to the NFS in 1997. The intent
of the clause was to provide an incentive for contractors to identify
and implement significant cost reduction programs. In return, they
would be eligible for a share of the realized savings which resulted
from those cost-cutting projects once they were approved by the
contracting officer. Pursuant to Executive Order 13563, Improving
Regulation and Regulatory Review, and Executive Order 13777, Enforcing
the Regulatory Reform Agenda, NASA is continually reviewing existing
regulations with the objective of reducing or removing any unnecessary,
outdated and burdensome requirements that have outlived their intended
purpose, NFS 1843.71, Shared Savings, and associated clause 1852.243-
71, Shared Savings were reviewed and recommended for removal from the
NFS since they are duplicative of the FAR part 48, Value Engineering
Change Proposal (VECP) program and associated clauses implemented under
OMB Circular A-131, Value Engineering. The FAR VECP clauses provide the
same
[[Page 29041]]
incentive to contactors as the NFS Shared Savings clause.
NASA does not anticipate opposition to the changes or significant
adverse comments. However, if the Agency receives significant adverse
comment, it will withdraw this final rule by publishing a document in
the Federal Register. A significant adverse comment is one that
explains: (1) Why the final rule is inappropriate, including challenges
to the rule's underlying premise or approach; or (2) why the final rule
will be ineffective or unacceptable without change. In determining
whether a comment necessitates withdrawal of this final rule, NASA will
consider whether it warrants a substantive response in a notice and
comment process.
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
(FAR). 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 it makes nonsubstantive changes to Agency regulations that has
minimal impact on contractors or offerors as there are value
engineering proposal clauses prescribed in FAR part 48 that may be
utilized in lieu of the NFS clause. The rule merely removes from the
NFS policy and an associated clause that is outdated and redundant to
policy that is already provided for in the FAR.
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. Executive Order 13371
This rule is not subject to Executive Order (E.O.) 13771, Reducing
Regulation and Controlling Regulatory Costs, because this rule is not a
significant regulatory action under E.O. 12866.
V. 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 and therefore does not
require publication for public comment.
VI. 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 1843 and 1852
Government procurement.
Geoffrey Sage,
NASA FAR Supplement Manager.
Accordingly, 48 CFR parts 1843 and 1852 are amended as follows:
0
1. The authority citation for parts 1843 and 1852 continues to read as
follows:
Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1.
PART 1843--CONTRACT MODIFICATIONS
Subpart 1843.71 [Removed]
0
2. Remove subpart 1843.71, consisting of sections 1843.7101 and
1843.7102.
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1852.243-71 [Removed and Reserved]
0
3. Remove and reserve 1852.243-71.
[FR Doc. 2018-13463 Filed 6-21-18; 8:45 am]
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