[Federal Register Volume 89, Number 16 (Wednesday, January 24, 2024)]
[Rules and Regulations]
[Pages 4563-4564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01124]


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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 (NASA).

ACTION: Final rule.

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SUMMARY: NASA is finalizing amendments to the NASA Federal Acquisition 
Regulation Supplement (NFS) as well as corresponding sections of the 
CFR to a solicitation provision and clause.

DATES: Effective February 23, 2024.

FOR FURTHER INFORMATION CONTACT: Edgar Lee, NASA HQ, Office of 
Procurement Grants 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 proposed a rule in the Federal Register at 88 FR 67720 on 
October 2, 2023, 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 these 
provisions are unnecessary as they exceed the scope requirements 
adequately covered in Federal Acquisition Regulation (FAR) provision 
52.222-46, Evaluation of Compensation for Professional Employees (48 
CFR 52.222-46). 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 to ensure NASA 
continues to pay fair and reasonable wages.

II. Discussion

    As no public comments were submitted on the proposed rule, NASA is 
finalizing this rule with no changes.

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

[[Page 4564]]

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 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 was not performed.

V. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply. With 
the publication of this final rule, an existing information collection 
currently approved under Office of Management and Budget (OMB) control 
number 2700-0077, Contractor and Subcontractor Compensation Plans, is 
no longer needed. Once the final rule is effective, NASA will 
discontinue this collection and rely on OMB control number 9000-0066, 
Certain Federal Acquisition Regulation Part 22 Labor Requirements--FAR 
Sections Affected: 52.222-2, 52.222-6, 52.222-11, 52.222-18, 52.222-33, 
52.222-34, 52.222-46, and SF 1413 and 1444.

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 amends 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.


1831.205-671  [Removed and Reserved]

0
2. Remove and reserve section 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.


1852.231-71  [Removed and Reserved]

0
4. Remove and reserve section 1852.231-71.

[FR Doc. 2024-01124 Filed 1-23-24; 8:45 am]
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