[Federal Register Volume 68, Number 54 (Thursday, March 20, 2003)]
[Rules and Regulations]
[Page 13634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6704]
=======================================================================
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1817
RIN 2700-AC33
Interagency Acquisitions--Authority for Use
AGENCY: National Aeronautics and Space Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule revises the NASA Federal Acquisition
Regulation (FAR) Supplement (NFS) to specify that the Space Act is the
authority for all NASA interagency acquisitions except those acquired
under the authority of the Inspector General Act of 1978 for the NASA
Office of the Inspector General. This final rule further specifies that
the requirements of the Economy Act will be applied to these
acquisitions as a matter of policy. These changes will ensure greater
clarity regarding the source and application of NASA's authority for
interagency acquisitions.
EFFECTIVE DATE: March 20, 2003.
FOR FURTHER INFORMATION CONTACT: Lou Becker, NASA Headquarters, Office
of Procurement, Contract Management Division (Code HK), Washington, DC
20546, telephone: (202) 358-4593, e-mail to: [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
FAR Subpart 17.5 as supplemented by NFS 1817.5 addresses
interagency acquisitions under the Economy Act (31 U.S.C 1535). NFS
1817.72 addresses interagency acquisitions under the Space Act. NFS
guidance is not clear on when the Economy Act or Space Act should be
used as the authority for an interagency acquisition. Additionally, NFS
guidance does not address interagency acquisition authority under the
Inspector General Act of 1978 (5 U.S.C. Appendix III). FAR 17.500(b)
states that the Economy Act applies when more specific statutory
authority does not apply. The Space Act is a more specific authority
and should be used as the authority for all NASA interagency
acquisitions except those acquired under the authority of the Inspector
General Act. This final rule revises the NFS to specify that the
Inspector General Act is the authority for interagency acquisitions for
the NASA Office of Inspector General and that the Space Act is the
authority for all other NASA interagency acquisitions. However, it is
NASA policy to apply the requirements of the Economy Act to its
interagency acquisitions. This final rule makes clear that interagency
acquisitions shall conform to the requirements of the Economy Act.
B. Regulatory Flexibility Act
NASA certifies that this final rule will not have a significant
economic impact on a substantial number of small businesses within the
meaning of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
because it only clarifies the authority used by NASA for interagency
acquisitions.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the NFS do not impose new 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 Part 1817
Government procurement.
Tom Luedtke,
Assistant Administrator for Procurement.
Accordingly, 48 CFR 1817 is amended to read as follows:
1. The authority citation for 48 CFR part 1817 continues to read as
follows:
Authority: 42 U.S.C. 2473(c)(1).
PART 1817--SPECIAL CONTRACTING METHODS
2. Add section 1817.500 to read as follows:
1817.500 Scope of subpart.
(b) See 1817.72.
3. Remove sections 1817.503 and 1817.504.
4. Revise section 1817.7201 to read as follows:
1817.7201 Policy.
The Space Act (42 U.S.C. 2473) applies to NASA interagency
acquisitions except those for the NASA Office of Inspector General
acquired under the authority of the Inspector General Act of 1978 (5
U.S.C. Appendix III). NASA has elected to conform its implementation of
the Space Act and the Inspector General Act to the requirements of the
Economy Act (see FAR 17.5).
5. Add sections 1817.7202 and 1817.7203 to read as follows:
1817.7202 Determinations and findings requirements.
(a) Interagency acquisitions shall be supported by a Determination
and Finding (D&F) equivalent to that required for Economy Act
transactions (see FAR 17.503). This requirement applies to all
purchases of goods or services under contracts entered into or
administered by agencies other than NASA including the Military
Departments. The Space Act shall be cited as authority for all NASA
interagency acquisitions except that the Inspector General Act shall be
cited as the authority for interagency acquisitions for the NASA Office
of Inspector General.
(b) To satisfy the D&F requirement identified in FAR 17.503(a)(2),
current market prices, recent acquisition prices, or prices obtained by
informational submissions as provided in FAR 15.201 may be used to
ascertain whether the acquisition can be accomplished more economically
from commercial sources.
(c) The determination described in paragraph (a) of this section is
not required for contracts awarded under the Space Act to Government
agencies pursuant to a Broad Agency Announcement when a review of the
acquisition records would make it obvious that the award is not being
used as a method of circumventing regulatory or statutory requirements,
particularly FAR part 6, Competition Requirements (e.g., when a
significant number and value of awards made under the BAA are made to
entities other than Government agencies).
(d) All D&F's for a servicing agency not covered by the FAR shall
be approved by the Assistant Administrator for Procurement.
1817.7203 Ordering procedures.
To satisfy the ordering procedures in 17.504(b)(4), all payment
provisions shall require the servicing agency or department to submit a
final voucher, invoice, or other appropriate payment document within
six months after the completion date of the order. A different period
may be specified by mutual agreement if six months is not sufficient.
[FR Doc. 03-6704 Filed 3-19-03; 8:45 am]
BILLING CODE 7510-01-P