[Federal Register Volume 63, Number 160 (Wednesday, August 19, 1998)]
[Rules and Regulations]
[Pages 44408-44409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22290]
[[Page 44408]]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1801, 1802, 1803, 1804, 1805, 1814, 1815, 1816, 1817,
1832, 1834, 1835, 1842, 1844, 1852, 1853, 1871, and 1872
Contracting by Negotiation
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Interim rule adopted as final with changes.
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SUMMARY: This is a final rule amending the NASA FAR Supplement (NSF)
to: conform to the regulatory changes effected by Federal Acquisition
Circular (FAC) 97-02, FAR Part 15 Rewrite; reflect the expiration of
the waiver to the requirement to publish a synopsis in the Commerce
Business Daily for certain acquisitions under NASA's MidRange
procedures; and specify that the NASA Acquisition Internet Service
(NAIS) is the Agency Internet site for posting solicitations and other
acquisition information.
DATES: This rule is effective August 19, 1998.
ADDRESSES: Tom O'Toole, Code HK, NASA Headquarters, 300 E Street, SW,
Washington, DC 20456-0001.
FOR FURTHER INFORMATION CONTACT:
Tom O'Toole, (202) 358-0478.
SUPPLEMENTARY INFORMATION:
Background
NASA is adopting as final, with changes, the interim rule published
in the February 27, 1998 edition of the Federal Register (63 FR 9953)
that revised NFS part 1815, Contracting by Negotiation. Several
comments, largely addressing the structure of the regulation rather
than its content, were received in response to the interim rule, and
they were considered in the development of the final rule. Editorial,
administrative, and structural changes are included in the final rule.
Included in these change is a revision to the NASA MidRange procedures
to reflect the expiration of the waiver of the requirement to publish
synopses in the Commerce Business Daily for certain acquisitions under
NASA'S MidRange procedures. Previously, these synopses had been posted
only on the Internet. Another administrative changes is made to
indicate that the NASA Acquisition Internet Service (NAIS) is the
single Agency Internet site for posting solicitations and other
acquisition information. All the revisions in this final rule are
considered administrative or editorial and involve no significant
change in Agency policy.
Impact
NASA certifies that this regulation will not have a significant
economic impact on a substantial number of small business entities
within the meaning of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.) because this final rule does not impose any new requirements on
offerors or contractors. This final rule does not impose any reporting
or recordkeeping requirements subject to the Paperwork Reduction Act.
List of Subjects in 48 CFR Parts 1801, 1802, 1803, 1804, 1805,
1814, 1815, 1816, 1817, 1832, 1834, 1835, 1842, 1844, 1852, 1853,
1871, and 1872
Government procurement.
Tom Luedtke,
Acting Associate Administrator for Procurement.
Interim Rule Adopted as Final With Changes
Accordingly, the interim rule published at 63 FR 9953, February 27,
1998, is hereby adopted as final with the following changes:
1. The authority citation for 48 CFR Parts 1801, 1802, 1803, 1804,
1805, 1814, 1815, 1816, 1817, 1832, 1834, 1835, 1842, 1844, 1852, 1853,
1871, and 1872 continues to read as follows:
Authority: 42 U.S.C. 2473(c)(1).
PART 1804--ADMINISTRATIVE MATTERS
2. In section 1804.570-2, paragraph (a)(2) is revised to read as
follows:
1804.570-2 Electronic posting system.
(a) * * *
(2) Post solicitation documents, including solicitation amendments
or cancellations, and other procurement information on the Internet.
* * * * *
PART 1815--CONTRACTING BY NEGOTIATION
1815.201 [Amended]
3. In section 1815.201, paragraph (c)(6)(E), the word ``name'' in
the first sentence is revised to read ``nature.''
1815.207-70 [Amended]
4. In section 1815.207-70, paragraphs (b)(1) and (2) are revised to
read as follows:
1815.207-70 Release of proposal information.
* * * * *
(b)(1) Except as provided in paragraph (b)(2) of this section, the
procurement officer is the approval authority to disclose proposal
information outside the Government. If outside evaluators are involved,
this authorization may be granted only after compliance with FAR 37.2
and 1837.204, except that the determination of unavailability of
Government personnel required by FAR 37.2 is not required for
disclosure of proposal information to JPL employees.
(2) Proposal information in the following classes of proposals may
be disclosed with the prior written approval of a NASA official one
level above the NASA program official responsible for the overall
conduct of the evaluation. If outside evaluators are involved, the
determination of unavailability of Government personnel required by FAR
37.2 is not required for disclosure in these instances.
(i) Proposals submitted in response to broad agency announcements
such as Announcements of Opportunity and NASA Research Announcements;
(ii) Unsolicited proposals; and
(iii) SBIR and STTR proposals.
* * * * *
5. In section 1815.207-71, paragraph (c) is revised to read as
follows:
1815.207-71 Appointing non-Government evaluators as special Government
employees.
* * * * *
(c) Non-Government evaluators need not be appointed as special
Government employees when they evaluate:
(1) Proposals submitted in response to broad agency announcements
such as Announcements of Opportunity and NASA Research Announcements;
(2) Unsolicited proposals; and
(3) SBIR and STTR proposals.
1815.303 [Amended]
6. In paragraph (a) to section 1815.303, the letters ``SAA'' in the
second sentence are revised to read ``SSA.''
7. In section 1815.305, paragraph (a)(ii) is revised to read as
follows:
1815.305 Proposal evaluation.
(a) * * *
(ii) All strengths and significant weaknesses;
* * * * *
1815.305-70 [Amended]
8. In paragraph (a)(3) of section 1815.305-70, the phrase
``technical or business'' is removed.
1815.306 [Amended]
9. In section 1815.306, paragraph (d)(3)(A) is removed, paragraphs
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(d)(3)(B) and (d)(3)(C) are redesignated (d)(3)(A) and (d)(3)(B), and
the sentence, ``These items are not to be discussed with, or proposed
to, other offerors,'' is removed from redesignated paragraph (d)(3)(B).
1815.307 [Amended]
10. In section 1815.307, paragraph (b)(i)(A) is removed, and
paragraphs (b)(i)(B) through (b)(i)(E) are redesignated as paragraphs
(b)(i)(A) through (b)(i)(D).
11. In section 1815.370, paragraph (g)(3) is revised to read as
follows:
1815.370 NASA source evaluation boards.
* * * * *
(g) Evaluation. * * *
(3) The SEB process must be adequately documented. Clear
traceability must exist at all levels of the SEB process. All reports
submitted by committees or panels will be retained as part of the SEB
records.
* * * * *
1815.403-3 [Amended]
12. In paragraph (b) of section 1815.403-3, the phrase ``firm-
fixed-price acquisitions'' in the last sentence is revised to read
``firm-fixed-price competitions.''
1815.604 [Amended]
13. In paragraph (a) of section 1815.604 the URL ``http://
procure.msfc.nasa.gov/nashdbk.html'' is revised to read ``http://
ec.msfc.nasa.gov/msfc/nasahdbk.html''.
[FR Doc. 98-22290 Filed 8-18-98; 8:45 am]
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