[Federal Register Volume 63, Number 249 (Tuesday, December 29, 1998)]
[Rules and Regulations]
[Page 71604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34316]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1871
Administrative Revisions to the NASA FAR Supplement, MidRange
Procurement Procedures
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: This is a final rule to conform NASA FAR Supplement MidRange
Procurement Procedures with FAR 19.10 and 13.5.
DATES: This final rule is effective December 29, 1998.
ADDRESSES: Celeste Dalton, NASA Headquarters Office of Procurement,
Contract Management Division (Code HK), Washington, DC 20546.
FOR FURTHER INFORMATION CONTACT: Celeste Dalton, (202) 358-1645.
SUPPLEMENTARY INFORMATION:
Background
NASA MidRange Procurement Procedures require that all acquisitions
be reserved for small business concerns with specific exceptions noted.
FAR Subpart 19.10, Small Business Competitiveness Demonstration
Program, requires acquisitions in four designated industry groups be
conducted on an unrestricted basis as long as specific goals for small
business are achieved. This rule will add acquisitions subject to FAR
Subpart 19.10 to the list of MidRange exceptions. Also, FAR Subpart
13.5, Test Program for Certain Commercial Items, allows for use of
simplified acquisition procedures for commercial item acquisition of
$5M or less. NASA MidRange Procurement Procedures require that
commercial items acquired under FAR Subpart 13.5 be accomplished using
MidRange Procedures. This precludes the use of additional flexibility
provided for in FAR Part 13. This final rule will relax the MidRange
requirement to permit use of MidRange Procurement Procedures for
commercial item acquisitions conducted under FAR Subpart 13.5. Also, an
editorial change is made to correct a FAR citation noted in section
1871.401-6.
Impact
NASA certifies that this regulation will not have a significant
economic impact on a substantial number of small business entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) since the
changes modify administrative procedures and do not impose any new
requirements on offerors or contractors. The rule does not impose any
reporting or recordkeeping requirements subject to the Paperwork
Reduction Act.
List of Subjects in 48 CFR Part 1871
Government Procurement.
Tom Luedtke,
Acting Associate Administrator for Procurement.
Accordingly, 48 CFR Part 1871 is amended as follows:
1. The authority citation for 48 CFR Part 1871 continues to read as
follows:
Authority: 42 U.S.C. 2473(c)(1)
PART 1871--MIDRANGE PROCUREMENT PROCEDURES
2. Section 1871.204 is revised to read as follows:
1871.204 Small business set-asides.
(a) Except as provided in paragraphs (b) through (f) of this
section, each MidRange acquisition shall be reserved exclusively for
small business concerns.
(b) The requirement for small business MidRange set-asides does not
relieve the buying office of its responsibility to procure from
required sources of supply, such as Federal Prison Industries,
Industries for the Blind and Other Severely Handicapped, and multiple
award Federal Supply Schedule contracts.
(c) Procurements not conducted as small business set-asides and
under less than full and open competition require a Justification for
Other than Full and Open Competition pursuant to FAR Part 6.
(d) If the buying team procurement member determines there is no
reasonable expectation of obtaining offers from two or more responsible
small business concerns that will be competitive in terms of market
price, quality, and delivery, the buying team need not proceed with the
small business set-aside and may purchase on an unrestricted basis
utilizing MidRange procedures. The buying team procurement member shall
document the contract file with the reason for the unrestricted
procurement.
(e) Acquisitions required to be conducted under Full and Open
Competition by the Small Business Competitiveness Demonstration
Program, FAR subpart 19.10, will not be set aside for small business.
(f) If the buying team proceeds with the small business MidRange
set-aside and receives an offer from only one responsible small
business concern at a reasonable price, the contracting officer will
normally make an award to that concern. However, if the buying team
does not receive a reasonable offer from a responsible small business
concern, the buying team procurement member may cancel the small
business set-aside and complete the procurement on an unrestricted
basis utilizing MidRange procedures. The buying team procurement
members shall document in the file the reason for the unrestricted
purchase.
(g) Each model contract under a small business MidRange set-aside
shall contain the clause at FAR 52.219-6, Notice of Total Small
Business Set-Aside.
1871.401-6 [Amended]
3. In paragraph (a)(2) to section 1871.401-6, the word ``shall'' is
revised to read ``may'' and the citation ``FAR subpart 13.6'' is
revised to read ``FAR subpart 13.5''.
[FR Doc. 98-34316 Filed 12-28-98; 8:45 am]
BILLING CODE 7510-01-P
