[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10257-10258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03602]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[NOTICE: [22-013]]


Requirement for NASA Recipients of Financial Assistance Awards To 
Obtain a Quotation From Small and/or Minority Businesses, Women's 
Business Enterprises and Labor Surplus Area Firms

AGENCY: National Aeronautics and Space Administration.

ACTION: Request for public comment on new term and condition that 
requires recipients of NASA financial assistance to obtain a quotation 
from small and/or minority businesses, women's business enterprises or 
labor surplus area firms.

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SUMMARY: The Grants Policy and Compliance Branch (GPC) in the National 
Aeronautics and Space Administration's (NASA) Office of the Chief 
Financial Officer is soliciting public comment on the Agency's proposed 
implementation of a new term and condition that requires recipients of 
NASA financial assistance to obtain a quotation from small and/or 
minority businesses, women's business enterprises or labor surplus area 
firms when the acquisition of goods or services exceeds the simplified 
acquisition threshold. In response to the Executive Order regarding 
Advancing Racial Equity and Support for Underserved Communities Through 
the Federal Government, NASA has been working to identify and address 
barriers that underserved communities and individuals may face in 
taking advantage of procurement, contracting, or grant opportunities. 
To address these barriers, NASA has taken a few actions including 
proposing the term and condition described above. NASA is taking this 
action to ensure that entities funded by NASA are compliant with the 
procurement standards in the uniform guidance. NASA's expectation is 
that this action will result in an increase in contracting 
opportunities for small and/or minority businesses, women's business 
enterprises and labor surplus area firms that contract with NASA 
financial assistance recipients.

DATES: Comments must be received by March 25, 2022.

ADDRESSES: Comments should be addressed to National Aeronautics and 
Space Administration Headquarters, 300 E Street SW, Rm. 6087, 
Washington, DC 20546 or sent through www.regulations.gov; Phone Number: 
202-358-2180, FAX Number: 202-358-3336. We encourage respondents to 
submit comments electronically to ensure timely receipt. We cannot 
guarantee that comments mailed will be received before the comment 
closing date. Please include ``Requirement to obtain a quotation from 
small and/or minority businesses, women's business enterprises or labor 
surplus area firms'' in the subject line of the email message. Please 
also include the full body of your comments in the text of the message 
and as an attachment. Include your name, title, organization, postal 
address, telephone number, and email address in your message.

FOR FURTHER INFORMATION CONTACT: Christiane S. Diallo, email: 
[email protected], telephone (202) 358-5179.

SUPPLEMENTARY INFORMATION: On January 25, 2021, President Biden issued 
E.O. 13985, Advancing Racial Equity and Support for Underserved 
Communities Through the Federal

[[Page 10258]]

Government, outlining a comprehensive approach to advancing equity for 
all, including people of color and others who have been historically 
underserved, marginalized, and adversely affected by persistent poverty 
and inequality. Given that advancing equity requires a systematic 
approach to embedding fairness in the decision-making process, the E.O. 
instructs agencies to recognize and work to redress inequities in their 
policies and programs that serve as barriers to equal opportunity.
    In response to E.O. 13985, NASA has been working to identify and 
address barriers that underserved communities and individuals may face 
in taking advantage of procurement, contracting, or grant 
opportunities. Through focused engagement with stakeholders and 
comments received from 86 FR 31735, June 15, 2021, Request for 
Information on Advancing Racial Equity and Support for Underserved 
Communities in NASA Programs, Contracts and Grants Process, NASA has 
learned that access to information and a lack of resources and 
opportunities are just some of the barriers faced by underserved 
communities. As such, GPC has reviewed NASA's grants management 
policies and procedures and has identified a few actions that can be 
taken to reduce these barriers, including a proposed implementation of 
a new term and condition that requires recipients of NASA financial 
assistance to obtain a quotation from small and/or minority businesses, 
women's business enterprises or labor surplus area firms when the 
acquisition of goods or services exceeds the simplified acquisition 
threshold.
    The full text of the new term and condition is provided below:

Requirement To Obtain a Quotation From Small and/or Minority 
Businesses, Women's Business Enterprises or Labor Surplus Area Firms

    Pursuant to the requirements in 2 CFR 200.321, Contracting with 
small and minority businesses, women's business enterprises, and labor 
surplus area firms, grant and cooperative agreement recipients shall, 
to the extent practicable, obtain at least one quotation in response to 
a recipient-issued Request for Quotation (RFQ) from a small and/or 
minority business, women's business enterprise or labor surplus area 
firms when the acquisition of goods or services exceeds the simplified 
acquisition threshold (SAT) as defined in the Federal Acquisition 
Regulation (FAR) part 2.101, Definitions (currently the SAT is 
$250,000). In the event that recipients are unable to obtain at least 
one quote from a small and/or minority businesswomen's business 
enterprise or labor surplus area firm, a written justification 
indicating why this was not possible must be maintained in the 
recipient's records.

End of Proposed Term and Condition

Implementation

    Upon receipt and resolution of all comments, it is NASA's intention 
to implement the new term through a revision to the NASA Grant and 
Cooperative Agreement Manual (GCAM). These revised terms and conditions 
will become effective thirty days from the final notice publication 
date in the Federal Register and will be available in the GCAM.
    The new term and condition will be applied to all new NASA awards 
and funding amendments to existing awards made on or after the 
effective date.

Cheryl Parker,
Federal Register Liaison Officer.
[FR Doc. 2022-03602 Filed 2-22-22; 8:45 am]
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