[Federal Register Volume 69, Number 198 (Thursday, October 14, 2004)]
[Rules and Regulations]
[Pages 60967-60968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22967]
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1852, 1853 and 1872
RIN 2700-AC88
Re-Issuance of NASA FAR Supplement Subchapters H and I
AGENCY: National Aeronautics and Space Administration.
[[Page 60968]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule adopts as final without change, the proposed rule
published in the Federal Register on May 21, 2004. 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 October 14, 2004.
FOR FURTHER INFORMATION CONTACT: Celeste Dalton, NASA, Office of
Procurement, Contract Management Division (Code HK); (202) 358-1645; e-
mail: [email protected].
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 modifies 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 May 21,
2004 (69 FR 29256). 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 final 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 1852, 1853, and 1872
Government Procurement.
Tom Luedtke,
Deputy Chief Acquisition Officer/Director for Procurement.
0
Accordingly, 48 CFR Parts 1852, 1853, and 1872 are amended as follows:
0
1. The authority citation for 48 CFR Parts 1852, 1853, and 1872
continues to read as follows:
Authority: 42 U.S.C. 2473(c)(1).
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
2. Amend part 1852 by--
0
A. Removing subpart 1852.1; and
0
B. In the introductory text of section 1852.223-74, removing
``1823.570-3'' and adding ``1823.570-2'' in its place.
PART 1853--FORMS
0
3. Remove and reserve part 1853.
PART 1872--ACQUISITIONS OF INVESTIGATIONS
0
4. Remove and reserve part 1872.
[FR Doc. 04-22967 Filed 10-13-04; 8:45 am]
BILLING CODE 7510-01-P