[Federal Register: September 2, 2004 (Volume 69, Number 170)]
[Rules and Regulations]
[Page 53652-53653]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se04-16]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1871
RIN 2700-AD02
Removal of MidRange Procurement Procedures
AGENCY: National Aeronautics and Space Administration.
ACTION: Final rule.
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SUMMARY: This final rule revises the NASA FAR Supplement (NFS) by
[[Page 53653]]
removing Part 1871, MidRange Procurement Procedures. The FAR provides
contracting officers with broad discretion and flexibility in the
source selection process in order to achieve a best value outcome. A
separate NASA MidRange process is no longer necessary.
EFFECTIVE DATE: September 2, 2004.
ADDRESSES: Interested parties may submit comments, identified by RIN
number 2700-AD02, via the Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Comments may also be submitted to Celeste Dalton, NASA, Office of
Procurement, Contract Management Division (Code HK), Washington, DC
20546. Comments can also be submitted by e-mail to:
Celeste.M.Dalton@nasa.gov.
FOR FURTHER INFORMATION CONTACT: Celeste Dalton, NASA, Office of
Procurement, Contract Management Division (Code HK); (202) 358-1645; e-
mail: Celeste.M.Dalton@nasa.gov.
SUPPLEMENTARY INFORMATION: The Office of Federal Procurement Policy
approved a test of NASA's MidRange Procurement Procedures in 1993. The
objective of the test was to reduce the leadtime and effort associated
with the conduct of acquisitions between $25,000 (the small purchase
threshold at that time) and $500,000. OFPP test approval was needed to
utilize electronic commerce to publicize and post solicitations along
with a waiver to the publicizing/response times required by the FAR.
Subsequent changes increased the threshold to $10,000,000 for non-
commercial items and $25,000,000 for commercial items. The test portion
of MidRange procedures (waiver of publicizing/response times) expired
in 1997. The MidRange procedures are no longer unique and all the
source selection methodologies under NFS Part 1871, MidRange, are
directly traceable to FAR Parts 12, 14, and 15. Therefore, retaining a
separate NASA MidRange process is no longer necessary.
A. Regulatory Flexibility Act
Removing Part 1871--Midrange Procurement Procedures does not have
an impact beyond the internal operating procedures of NASA. The FAR
provides contracting officers with broad discretion and the flexibility
in the source selection process needed to achieve a best value outcome.
The current Midrange Procurement procedure is now redundant of the
flexibilities provided by the FAR. Therefore, this final 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, NASA will consider comments from small entities concerning the
affected NFS Part 1871 in accordance with 5 U.S.C. 610.
B. 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 Part 1871
Government procurement.
Tom Luedtke,
Assistant Administrator for Procurement.
PART 1871--MIDRANGE PROCUREMENT PROCEDURES
0
Accordingly, under the authority of The National Aeronautics and Space
Act of 1958 (Pub. L. 85-568; 42 U.S.C. 2451 et seq.), remove 48 CFR
Part 1871.
[FR Doc. 04-20074 Filed 9-1-04; 8:45 am]
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