[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Proposed Rules]
[Page 67720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21313]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1831 and 1852

[Notice: (23-099)]
RIN 2700-AE72


NASA Federal Acquisition Regulation Supplement (NFS): Removal of 
Total Compensation Plan Language (NFS Case 2023-N002)

AGENCY: National Aeronautics and Space Administration.

ACTION: Proposed rule.

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SUMMARY: NASA is proposing to amend the NASA Federal Acquisition 
Regulation Supplement (NFS) as well as corresponding sections of the 
CFR at 48 CFR part 1831 and 1852 to remove NFS 1831.205-671, 
Solicitation provision, and NFS Clause 1852.231-71, Determination of 
Compensation Reasonableness.

DATES: Comments are due December 1, 2023.

FOR FURTHER INFORMATION CONTACT: Edgar Lee, NASA HQs, Office of 
Procurement Management and Policy Division, LP-011, 300 E. Street SW, 
Washington, DC 20456-001. Telephone 202-420-1384; facsimile 202-358-
3082.

SUPPLEMENTARY INFORMATION: 

I. Background

    NASA is proposing to amend the NFS by removing NFS 1831.205-671, 
Solicitation provision, and NFS 1852.231-71, Determination of 
Compensation Reasonableness, from the NFS. NASA has determined that 
these provisions are unnecessary as the as they exceed the scope 
requirements adequately covered in FAR provision 52.222-46, Evaluation 
of Compensation for Professional Employees. Currently, NFS requires an 
evaluation for all labor categories and periodic review of total 
compensation plans after contract award for cost reimbursement 
contracts (at least every 3 years) to evaluate the reasonableness of 
compensation for all proposed labor categories in service contracts.
    NASA has made a determination to rely on FAR provision 52.222-46, 
agencywide templates, and instructions, to ensure consistency in the 
data provided to NASA and subsequent evaluations as well as ensuring 
NASA continues to pay fair and reasonable wages.

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 by OMB under E.O. 12866, Regulatory Planning and 
Review. This rule is not a major rule under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    NASA does not expect this rule, when enacted, 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 the rule is removing the NFS unique requirements for submission 
of total compensation plan. 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 rulemaking on small entities.
    NASA will also consider comments from small entities concerning the 
existing regulations in subparts affected by the rulemaking consistent 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 610 and NFS Case 2023-N002 in 
correspondence.

V. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply. The 
changes proposed in this rulemaking will make an existing information 
collection currently approved under Office of Management and Budget 
(OMB) control number 2700-0077, Contractor and Subcontractor 
Compensation Plans, unnecessary. Subject to public comment to the 
contrary as part of this proposed rule, NASA plans to discontinue this 
collection with the publication of the final rule.

List of Subjects

48 CFR Part 1831

    Accounting, Government procurement.

48 CFR Part 1852

    Accounting, Government procurement, Reporting and recordkeeping 
requirements.

Erica Jones,
NASA FAR Supplement Manager.

    For the reasons stated in the preamble, NASA proposes to amend 48 
CFR parts 1831 and 1852 as follows:

PART 1831--CONTRACT COST PRINCIPLES AND PROCEDURES

0
1. The authority citation for part 1831 continues to read as follows:

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


Sec.  1831.205-671  [Removed and Reserved]

0
2. Remove and reserve Sec.  1831.205-671.

PART 1852--SOLICITATION PROCEDURES AND CONTRACT CLAUSES

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

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


Sec.  1852.231-71  [Removed and Reserved]

0
4. Remove and reserve Sec.  1852.231-71.

[FR Doc. 2023-21313 Filed 9-29-23; 8:45 am]
BILLING CODE 7510-13-P