[Federal Register Volume 70, Number 240 (Thursday, December 15, 2005)]
[Rules and Regulations]
[Pages 74206-74207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23994]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1852
RIN 2700-AD03
NASA Research Announcements--Small Business Subcontracting Plans
and Publication Acknowledgement and Disclaimers
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: This is a final rule amending the NASA FAR Supplement (NFS) to
require for NASA Research Announcements: Submission of a small business
subcontracting plan with any proposal having subcontracting
possibilities that may result in the award of a contract whose value
exceeds $5,000,000; and acknowledgement of NASA sponsorship and
disclaimer of agency endorsement of results.
DATES: Effective Date: December 15, 2005.
FOR FURTHER INFORMATION CONTACT: Patrick Flynn, NASA Headquarters,
Office of Procurement, Contract Management Division, (202) 358-0460, e-
mail: [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
On September 27, 2004, NASA published a proposed rule (69 FR 57664-
57665) to solicit comments on its proposal to amend subcontracting plan
and acknowledgement and disclaimer requirements for NASA Research
Announcements (NRAs) and resulting contracts. During the 60-day public-
comment period, NASA received one response to the proposed rule. The
Aerospace Industries Association (AIA) expressed concern that the
proposed rule would make preparation and response to NRAs more costly
and more cumbersome to prepare, by requiring submission of a small
business subcontracting plan before evaluation rather than after
selection, as is currently the rule. AIA's comment and our analysis
follow. No comments were received with respect to the second part of
the proposal, adding acknowledgement of NASA sponsorship
[[Page 74207]]
and disclaimer of agency endorsement of results to standard reporting
requirements.
B. Analysis
Clarification of the scope of the proposed change to the existing
subcontracting plan submission requirement will show the magnitude of
burden about which AIA expressed concern. The proposed rule amends the
NASA FAR Supplement (NFS) requirement for submission of a small
business subcontracting plan along with initial submission of any
proposal having subcontracting possibilities that may result in the
award of a contract whose value exceeds $500,000 under NASA Research
Announcements (NRAs), a type of broad agency announcement. The NFS
already requires submission of such a plan, but only after selection is
made by the agency for contract award under these competitive
procedures. Consequently, the proposed rule does not affect ultimate
costs or difficulty for NRA proposal preparation by successful
offerors, but only by unsuccessful offerors.
The commenter's specific objection is that requiring a subcontract
plan and asking potential contractors to commit to that plan is
unreasonable for this type of acquisition because opportunities are
often minimal. We disagree for two reasons. First, the statutory
requirement on which the NFS requirement is based, Section 8(d) of the
Small Business Act (15 U.S.C. 637(d)), makes no exception for research.
Second, it is not unreasonable to expect that NASA will benefit from
increased small business participation in contracted research, and that
it should be encouraged. We are not alone in holding this position.
Recently, in its National Innovation Initiative Report (December 2004),
the Council on Competitiveness asserted a new trend of interdependence
of small and large firms, saying on page 18, ``This interdependence is
particularly relevant in the context of the innovation enterprise. Big
and small companies have increasingly complementary roles in technology
development.''
However, recognizing that the magnitude of research projects has a
direct bearing on subcontracting opportunities, and considering the
burden placed on offerors under smaller project announcements, we have
found merit in AIA's recommended alternate proposal that subcontract
plans before selection be required only above $5,000,000, rather than
$500,000, as we originally proposed. (Plans will still be required
after selection and before contract award above $500,000.)
C. Impact
Regulatory Flexibility Act
NASA certifies that this final rule will not have a significant
economic impact on a substantial number of small entities since the
rule: (1) Only affects the timing of the submission of small business
subcontracting plans by large business offerors; and (2) adds a
requirement for a short legend to be affixed to publications of
material based on NASA-sponsored projects. Small businesses do not
submit subcontracting plans, and any costs associated with the legend
are economically insignificant. No comments were received from small
entities in response to the proposed rule.
Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the NFS do not impose any recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public that 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 1852
Government procurement.
Tom Luedtke,
Assistant Administrator for Procurement.
0
Accordingly, 48 CFR Part 1852 is amended as follows:
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR Part 1852 continues to read as
follows:
Authority: 42 U.S.C. 2473(c)(1)
0
2. Amend section 1852.235-72 by revising the date of the clause and
paragraph (a)(4) to read as follows:
1852.235-72 Instructions for Responding to NASA Research
Announcements.
* * * * *
Instructions for Responding to NASA Research Announcements (Dec 2005)
(a) * * *
(4) A contract, grant, cooperative agreement, or other agreement
may be used to accomplish an effort funded in response to an NRA. NASA
will determine the appropriate award instrument. Contracts resulting
from NRAs are subject to the Federal Acquisition Regulation and the
NASA FAR Supplement. Any proposal from a large business concern that
may result in the award of a contract, which exceeds $5,000,000 and has
subcontracting possibilities should include a small business
subcontracting plan in accordance with the clause at FAR 52.219-9,
Small Business Subcontracting Plan. (Subcontract plans for contract
awards below $5,000,000, will be negotiated after selection.) Any
resultant grants or cooperative agreements will be awarded and
administered in accordance with the NASA Grant and Cooperative
Agreement Handbook (NPR 5800.1).
* * * * *
0
A. Amend section 1852.235-73 by revising the date of the clause to read
(Dec 2005) and, in the first sentence of paragraph (b) removing the
reference ``NPR 2200.2A'' and adding ``NPR 2200.2'' in its place.
0
B. Amend section 1852.235-73, Alternate II, by revising the date of the
clause and adding a new paragraph (f) to read as follows:
1852.235-73 Final Scientific and Technical Reports.
* * * * *
Alternate II (Dec 2005)
* * * * *
(f) All publications of any material based on or developed under
NASA sponsored projects shall include an acknowledgement similar to the
following:
``The material is based upon work supported by the National
Aeronautics and Space Administration under Contract Number XXXX.''
Except for articles or papers published in scientific, technical or
professional journals, the exposition of results from NASA supported
research shall also include the following disclaimer:
``Any opinions, findings, and conclusions or recommendations
expressed in this material are those of the author(s) and do not
necessarily reflect the views of the National Aeronautics and Space
Administration.''
[FR Doc. 05-23994 Filed 12-14-05; 8:45 am]
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