97-7074. Revision to the NASA FAR Supplement to Eliminate Non-Statutory Certification Requirements

[Federal Register Volume 62, Number 57 (Tuesday, March 25, 1997)]
[Rules and Regulations]
[Pages 14035-14036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7074]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1819 and 1845


Revision to the NASA FAR Supplement to Eliminate Non-Statutory 
Certification Requirements

agency: National Aeronautics and Space Administration (NASA).

action: Final rule.

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summary: This is a final rule amending the NASA FAR Supplement to 
eliminate offeror and contractor certification requirements not 
mandated by statute.

effective date: March 25, 1997.

for further information contact: Tom O'Toole, [phone].

SUPPLEMENTARY INFORMATION:

Background

    NASA published a proposed rule in the December 18, 1996 Federal 
Register (61 FR 66643-66646) of its intent to delete a number of 
offeror and contractor certification requirements in the NASA FAR 
Supplement (NFS). Only editorial comments were received, and these are 
considered in the final rule. The proposed changes to sections 
1819.7211 and 1845.302-73 are incorporated as a final rule without 
revision.
    The changes to the following NFS sections listed in the proposed 
rule have already been accomplished via the ongoing NFS rewrite:
    1. 1816.303 Cost Sharing Contracts. Certification requirement 
deleted from renumbered section 1816.303-70 in the October 7, 1996 
interim rule (61 FR 52325-52347) and subsequent January 23, 1997 final 
rule (62 FR 3464-3487).
    2. 1823.7002 Responsibility. Section deleted in the October 29, 
1996 final rule (61 FR 55753-55764).
    3. 1832.7004(b) Contractual Implementation (Milestone Billing). 
Section deleted in the October 29, 1996 final rule (61 FR 55765-55774).
    4. 1834.005-1 Competition. Certification requirement deleted from 
renumbered Subpart 1834.70 in the January 30, 1997 final rule (62 FR 
4466-4492).
    5. 1870.102-703, VI, Proposed Submission Information (Investigation 
Acquisition System). Certification requirement deleted in renumbered 
Part 1872 in the January 30, 1997 final rule (62 FR 4466-4492).
    The changes to the following sections listed in the proposed rule 
will be accomplished as part of the NFS rewrite in a separate final 
rule:
    1. 1852.223-70, Safety and Health.
    2. 1852.247-73, Shipment by Government Bills of Lading.

Impact

    NASA certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This final rule does 
not impose any reporting or record keeping requirements subject to the 
Paperwork Reduction Act.

List of Subjects in 48 CFR Parts 1819 and 1845

    Government procurement.
Tom Luedtke,
Deputy Associate Administrator for Procurement.

    Accordingly, 48 CFR Parts 1819 and 1845 are amended as follows:
    1. The authority citation for 48 CFR Parts 1819 and 1845 continues 
to read as follows:

    Authority: 42 U.S.C. 2473(c)(1).

PART 1819--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS


1819.7211  [Amended]

    2. In section 1819.7211, paragraph (b)(1) is revised to read as 
follows:


1819.7211  Application process for mentor firms to participate in the 
program.

    (a) * * *
    (b) * * *

[[Page 14036]]

    (1) A statement that the mentor firm is currently performing under 
at least one active approved subcontracting plan (small business 
exempted) and that they are eligible, as of the date of application, 
for the award of Federal contracts.
* * * * *

PART 1845--GOVERNMENT PROPERTY


1845.302-73  [Amended]

    3. In section 1845.302-73(b), the first two sentences of paragraph 
3 under FINDINGS are revised to read as follows:


1845.302-73  Determination and findings.

    (a) * * *
    (b) * * *
Findings
* * * * *
    3. (If the contract effort cannot be fulfilled by any other 
means, indicate why the contractor cannot provide the facilities. 
For example, due to financial constraints, the contractor has 
demonstrated inability to acquire the facilities; or, even though 
the contractor is willing and financially able to acquire these 
facilities for its own account, the contractor has stated that time 
will not permit making arrangements to obtain timely delivery to 
meet NASA requirements. * * *
* * * * *
[FR Doc. 97-7074 Filed 3-24-97; 8:45 am]
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