[Federal Register Volume 64, Number 182 (Tuesday, September 21, 1999)]
[Rules and Regulations]
[Pages 51078-51079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24361]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1811, 1812, 1813, 1815, 1816, 1837, 1842, 1847, and
1852
Revisions to the NASA FAR Supplement on Brand Name or Equal
Procedures
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: This final rule amends the NASA FAR Supplement (NFS) to remove
brand name or equal guidance no longer necessary as a result of FAR
changes contained in Federal Acquisition Circular (FAC) 97-12. This
rule also makes editorial corrections and miscellaneous changes dealing
with NASA internal and administrative matters.
EFFECTIVE DATE: September 21, 1999.
FOR FURTHER INFORMATION CONTACT: James H. Dolvin, NASA Headquarters,
Office of Procurement, Contract Management Division (Code HK),
Washington, DC 20546, (202) 358-1279, e-mail:
jdolvin1@mail.hq.nasa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
FAC 97-12, dated June 17, 1999, contains guidance for use of brand
name or equal procedures at FAR 11.4, Use of brand name or equal
purchase descriptions, and a corresponding solicitation provision at
FAR 52.211-6, Brand Name or Equal. The NASA FAR Supplement already has
almost identical guidance at 1811.104-70, Brand name or equal purchase
descriptions, and a solicitation provision at 1852.211-70, Brand Name
or Equal. Because of this resulting duplication, the NFS coverage in
Parts 1811 and 1852 is being removed in its entirety. Other editorial
changes unrelated to brand name or equal guidance are made to: correct
clause and referenced document titles; correct listing of clauses
authorized for use in acquisition of commercial items; update the
agency program coordinator for the Governmentwide commercial purchase
card; allow electronic submission of RFPs for Headquarters review; and
correct the numbering within Section 1842.202.
B. Regulatory Flexibility Act
This rule does not constitute a significant revision within the
meaning of FAR 1.501 and Public Law 98-577, and publication for public
comment is not required. However, comments from small entities
concerning the affected NFS subparts will be considered in accordance
with 5 U.S.C. 601. Such comments must be submitted separately and
should cite 5 U.S.C. 601, et seq.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the NFS does not impose recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public which require the approval of the Office of
Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 1811, 1812, 1813, 1815, 1816,
1837, 1842, 1847, and 1852
Government procurement.
Tom Luedtke,
Associate Administrator for Procurement.
Accordingly, 48 CFR Parts 1811, 1812, 1813, 1815, 1816, 1837, 1842,
1847, and 1852 are amended as follows:
1. The authority citation for 48 CFR Parts 1811, 1812, 1813, 1815,
1816, 1837, 1842, 1847, and 1852 continues to read as follows:
Authority: 42 U.S.C. 2473(c)(1)
PART 1811--DESCRIBING AGENCY NEEDS
2. Subpart 1811.1 is removed.
PART 1812--ACQUISITION OF COMMERCIAL ITEMS
3. In section 1812.301, paragraph (f)(i)(J) is removed, and the
designated paragraph (f)(i)(K) is redesignated as (f)(i)(J), and
paragraph (f)(i)(E) is revised to read as follows:
1812.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f)(i) * * *
(E) 1852.219-76, NASA 8 Percent Goal.
[[Page 51079]]
PART 1813--SIMPLIFIED ACQUISITION PROCEDURES
4-5. In section 1813.301-73, paragraph (a) is revised to read as
follows:
1813.301-73 Program officials.
(a) The Langley Research Center, Office of Procurement (Code AG),
is the agency program coordinator.
* * * * *
PART 1815--CONTRACTING BY NEGOTIATION
6. Section 1815.203-71 is revised to read as follows:
Sec. 1815.203-71 Headquarters reviews.
For RFPs requiring Headquarters review and approval, the
procurement officer shall submit an electronic copy of the RFP to the
Associate Administrator for Procurement (Code HS). Any significant
information relating to the RFP or the planned evaluation methodology
omitted from the RFP itself should also be provided.
PART 1816--TYPES OF CONTRACTS
7. In section 1816.505, paragraph (b)(4) is redesignated as
paragraph (b)(6).
8. In section 1816.506-70, the reference ``(See NHB 9501.2)'' is
revised to read ``(see NPG 9501.2, NASA Contractor Financial Management
Reporting System)''.
PART 1837--SERVICE CONTRACTING
9. In section 1837.203, the reference ``(see NMI 3304.1, Employment
of Experts and Consultants)'' is revised to read ``(see NPD 3000.1,
Management of Human Resources)''.
PART 1842--CONTRACT ADMINISTRATION AND AUDIT SERVICES
10. In section 1842.202, paragraph (b)(1) is redesignated as
(b)(i).
PART 1847--TRANSPORTATION
11. Section 1847.200-70 is revised to read as follows:
1847.200-70 Charter of aircraft.
When acquiring aircraft by charter, contracting officers shall
comply with NPG 7900.3, Aircraft Operations Management.
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
12. Section 1852.211-70 is removed.
[FR Doc. 99-24361 Filed 9-20-99; 8:45 am]
BILLING CODE 7510-01-P
