04-9012. Re-Issuance of NASA FAR Supplement Subchapter D

AGENCY:

National Aeronautics and Space Administration.

ACTION:

Final rule.

SUMMARY:

This rule adopts as final without change, the proposed rule published in the Federal Register on December 22, 2003 (68 FR 71056). This final rule amends the NASA FAR Supplement (NFS) by removing from the Code of Federal Regulations (CFR) those portions of the NFS containing information that consists of internal Agency administrative procedures and guidance that does not control the relationship between NASA and contractors or prospective contractors. This change is consistent with the guidance and policy in FAR Part 1 regarding what comprises the Federal Acquisition Regulations System and requires publication for public comment. The NFS document will continue to contain both information requiring codification in the CFR and internal Agency guidance in a single document that is available on the Internet. This change will reduce the administrative burden and time associated with maintaining the NFS by only publishing in the Federal Register for codification in the CFR material that is subject to public comment.

DATES:

Effective Date: April 22, 2004.

FOR FURTHER INFORMATION CONTACT:

Celeste Dalton, NASA, Office of Procurement, Contract Management Division (Code HK); [phone]; e-mail: [e-mail].

SUPPLEMENTARY INFORMATION:

A. Background

Currently the NASA FAR Supplement (NFS) contains information to implement or supplement the FAR. This information contains NASA's policies, procedures, contract clauses, solicitation provisions, and forms that govern the contracting process or otherwise control the relationship between NASA and contractors or prospective contractors. The NFS also contains information that consists of internal Agency administrative procedures and guidance that does not control the relationship between NASA and contractors or prospective contractors. Regardless of the nature of the information, as a policy, NASA has submitted to the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB) and published in the Federal Register all changes to the NFS. FAR 1.101 states in part that the “Federal Acquisition Regulations System consists of the Federal Acquisition Regulation (FAR), which is the primary document, and agency acquisition regulations that implement or supplement the FAR. The FAR System does not include internal agency guidance of the type described in 1.301(a)(2).” FAR 1.301(a)(2) states in part “an agency head may issue or authorize the issuance of internal agency guidance at any organizational level (e.g., designations and delegations of authority, assignments of responsibilities, work-flow procedures, and internal reporting requirements).” Further, FAR 1.303 states that issuances under FAR 1.301(a)(2) need not be published in the Federal Register. Based on the foregoing, NASA is not required to publish and codify internal Agency guidance.

This final rule will modify the existing practice by only publishing those regulations which may have a significant effect beyond the internal operating procedures of the Agency or have a significant cost or administrative impact on contractors or offerors.

The NFS will continue to integrate into a single document both regulations subject to public comments and internal Agency guidance and procedures that do not require public comment. Those portions of the NFS that require public comment will continue to be amended by publishing changes in the Federal Register. NFS regulations that require public comment are issued as chapter 18 of title 48, CFR. Changes to portions of the regulations contained in the CFR, along with changes to internal guidance and procedures, will be incorporated into the NASA-maintained Internet version of the NFS through Procurement Notices (PNs). The single official NASA-maintained version of the NFS will remain available on the Internet. NASA personnel must comply with all regulatory and internal guidance and procedures contained in the NFS.

This change will result in savings in terms of the number of rules subject to publication in the Federal Register and provide greater responsiveness to internal administrative changes. NASA published a proposed rule in the Federal Register on December 22, 2003 (68 FR 71055). No comments were received in response to the proposed rule. Therefore, the proposed rule is being converted to a final rule without change.

B. Regulatory Flexibility Act

NASA certifies that this final rule does not have a significant economic impact on a substantial number of small entities with the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601. et seq., because this rule would only remove from the CFR information that is considered internal Agency administrative procedures and guidance. The information removed from the CFR will continue to be made available to the public via the Internet.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the changes do not impose recordkeeping or information collection requirements 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 1819, 1822, 1823, 1824, and 1825

• Government procurement

Tom Luedtke,

Assistant Administrator for Procurement.

Accordingly, 48 CFR Parts 1819, 1822, 1823, 1824, and 1825 are amended as follows:

1. The authority citation for 48 CFR Parts 1819, 1822, 1823, 1824, and 1825, continues to read as follows:

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

PART 1819—SMALL BUSINESS PROGRAMS

2. Amend Part 1819 by removing paragraphs (c), (d), and (f) in section 1819.201, Subparts 1819.5, 1819.6, sections 1819.705-2, 1819.705-4, 1819.705-470, Subpart 1819.8, sections 1819.7000, and 1819.7002.

PART 1822—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

3. Amend Part 1822 by—

(a) Removing sections 1822.000-70, 1822.101, 1822.101-1, 1822.101-3, 1822.101-4, 1822.101-70, 1822.103, 1822.103-4, Subparts 1822.3, 1822.4, 1822.6, 1822.8, 1822.10, 1822.13, 1822.14, and 1822.15; and

(b) Revising section 1822.103-5 to read as follows:

1822.103-5

Contract clause.

Insert the clause at 52.222-1, Notice to the Government of Labor Disputes, in all solicitations and contracts that exceed the simplified acquisition threshold.

PART 1823—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

4. Amend Part 1823 by—

(a) Removing sections 1823.203, 1823.270, and Subparts 1823.3 and 1823.4;

(b) Removing subsection number and heading “1823.570-1 Scope” and transferring the text to section 1823.570 and by removing “Section 1823.570 to 1823.570-4 set” from the beginning of the text and adding in its place “This section sets”;

(c) Redesignating subsections 1823.570-2 through 1823.570-4 as 1823.570-1 through 1823.570-3 respectively;

(d) In the first paragraph of the redesignated subsection 1823.570-1, remove “1823.570-4” and add “1823.570-3” in its place; and

(e) Removing subpart 1823.7 and section 1823.7102.

PART 1824—PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION

5. Amend Part 1824 by removing Subpart 1824.2.

PART 1825—FOREIGN ACQUISITION

6. Amend Part 1825 by—

(a) In section 1825.103, removing paragraph (a)(i) and redesignating paragraphs (a)(ii) and (a)(iii) as (a)(i) and (a)(ii) respectively; and

(b) Removing section 1825.903, and Subparts 1825.10 and 1825.70.