Acquisition regulations: Miscellaneous amendments,

[Federal Register: February 4, 1999 (Volume 64, Number 23)]

[Rules and Regulations]

[Page 5620-5621]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr04fe99-12]

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1804, 1807, 1808, 1813, 1816, 1819, 1827, 1832, 1833, 1836, 1844, 1852 and 1853

Miscellaneous Revisions to the NASA FAR Supplement

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

SUMMARY: This rule amends the NASA Federal Acquisition Regulation Supplement (NFS) to make editorial corrections and miscellaneous changes dealing with NASA internal and administrative matters.

EFFECTIVE DATE: February 4, 1999.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas O'Toole, (202) 358-0478; e- mail: thomas.otoole@.hq.nasa.gov.

SUPPLEMENTARY INFORMATION:

Background

A number of administrative changes are made. These changes include: (1) Revising the responsibilities for posting data of the Acquisition Forecast on the internet; (2) updating the Department of Energy (DOE) form for acquiring radioisotopes; (3) changing subpart titles, section headings, and section numbers due to changes made by Federal Acquisition Circulars (FAC) 97-09 and 97-10; (5) raising the dollar threshold for consideration of the need for surveillance of subcontracts resulting from contract modifications and change orders to a threshold equal to that for obtaining cost or pricing data; and (6) updating a reference to an internal document on records retention. None of these administrative changes has an impact outside internal Agency operating procedures.

Impact

NASA certifies that this regulation will not have a significant economic impact on a substantial number of small business entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because the changes affect internal Agency procedures only. This final rule does not impose any reporting or recordkeeping requirements subject to the Paper Reduction Act.

List of Subjects in 48 CFR Parts 1804, 1807, 1808, 1813, 1816, 1819, 1827, 1832, 1833, 1836, 1844, 1852 and 1853

Government procurement. Thomas S. Luedtke, Acting Associate Administrator for Procurement.

Accordingly, 48 CFR Parts 1804, 1807, 1808, 1813, 1816, 1819, 1827, 1832, 1833, 1836, 1844, 1852 and 1853 are amended as follows:

1. The authority citation for 48 CFR Parts 1804, 1807, 1808, 1813, 1816, 1819, 1827, 1832, 1833, 1836, 1844, 1852 and 1853 continues to read as follows:

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

   PART 1804--ADMINISTRATIVE MATTERS

   1804.805 [Amended]

2. In section 1804.805, paragraph (a) is revised to read:

   1804.805 Storage, handling, and disposal of contract files.

   (a) See NPG 1441.1C, Records Retention Schedules.

   1804.805-70 [Amended]

3. In paragraph (b)(2) to section 1804.805-70, the reference ``NHB 1441.1, NASA Records Disposition Handbook'' is revised to read ``NPG 1441.1C, Records Retention Schedules''.

   PART 1807--ACQUISITION PLANNING

   1807.7203 [Amended]

4. Section 1807.7203 is revised to read as follows:

   1807.7203 Responsibilities.

   (a) NASA Procurement Officers shall post the data required by 1807.7204 directly to the NASA Acquisition Internet Service not later than October 1 for the annual forecast and April 15 for the semiannual update.

   (b) Code HS will manage policy and monitor compliance with the NASA Acquisition Forecast process.

   PART 1808--REQUIRED SOURCES OF SUPPLIES AND SERVICES

   1808.002-70 [Amended]

5. Section 1808.002-70 is revised to read as follows:

   1808.002-70 Acquisition of radioisotopes.

   (a) U.S. Department of Energy Isotope and Technical Service Order Form CA-10-90.COM, and U.S. Nuclear Regulatory Commission Application for Material License, NRC Form 313, shall be used to acquire radioisotopes.

   (b) NRC Form 313 shall be filedwith the Chief, Radioisotopes Licensing Branch, Division of Fuel Cycle and Material Safety, United States Nuclear Regulatory Commission, Washington, DC 20555. If the application meets all regulatory requirements and applicable standards, the Radioisotopes Licensing Branch, Nuclear Regulatory Commission, will issue a license to the applicant. After receipt of the license, a completed DOE Form CA-10-90.COM (in duplicate, if the contracting office wants an accepted copy of the form back from the supplier), the license, and a Government bill of lading shall be sent to the appropriate DOE laboratory. If a bill of lading is not furnished, shipment shall be made collect on a commercial bill of lading, to be converted at destination.

   (c) NRC Form 313 and DOE Form CA-10-90.COM may be requisitioned directly from the United States Nuclear Regulatory Commission, Attn: Radioisotopes Licensing Branch, Division of Fuel Cycle and Material Safety, Washington, DC 20555.

   (d) Guidance is available from NRC at URL http://www.nrc.gov/NRC/ contents/#top and from DOE at URL http://www.ornl.gov/isotopes/ catalog.htm.

   PART 1813--SIMPLIFIED ACQUISITION PROCEDURES

   1813.003 [Amended]

   6-7. In section 1813.003, paragraph (h) is redesignated as paragraph (g).

   PART 1816--TYPES OF CONTRACTS

   1816.203-4 [Amended]

8. In paragraph (d)(2) to section 1816.203-4, the reference ``Code HC'' is revised to read ``Code HK''.

   PART 1819--SMALL BUSINESS PROGRAMS

   Subpart 1819.3 [Amended]

9. In Subpart 1819.3, the subpart heading is revised to read ``Determination of Status as a Small Business, HUBZone Small Business, or Small Disadvantaged Business Concern''.

   1819.506 [Amended]

10. In section 1819.506, the section heading is revised to read ``Withdrawing or modifying small business set-asides (NASA supplements paragraph (b))''.

    Subpart 1819.7 [Amended]

11. In Subpart 1819.7, the subpart heading is revised to read ``The Small Business Subcontracting Program''.

    [[Page 5621]]

    1819.708 [Amended]

12. In section 1819.708, the section heading is revised to read ``Contract clauses'' (NASA supplements paragraph (b)).

    PART 1827--PATENTS, DATA, AND COPYRIGHTS

    1827.406-70 [Amended]

13. In section 1827.406-70, paragraph (c) is revised to read as follows:

    1827.406-70 Reports of work.

    * * * * *

    (c) A reproducible copy and a printed or reproduced copy of the reports shall be sent to the NASA Center for AeroSpace Information (CASI) in accordance with the clause at 1852.235-70, Center for AeroSpace Information (see 1835.070(a)).

    PART 1832--CONTRACT FINANCING

    1832.908 [Amended]

14. Section 1832.908 is revised to read as follows:

    1832.908 Contract clauses. (NASA supplements paragraph (c).)

    (c)(3) When the clause at FAR 52.232-25, Prompt Payment, is used in such contracts with the Canadian Commercial Corporation (CCC), insert ``17th'' in lieu of ``30th'' in paragraphs (a)(1)(i)(A), (a)(1)(i)(B), and (a)(1)(ii).

    1832.970 [Removed]

15. Section 1832.970 is removed.

    PART 1833--PROTESTS, DISPUTES, AND APPEALS

    1833.104 [Amended]

16. In section 1833.104, paragraph (c)(2) is revised to read as follows:

    1833.104 Protests to GAO.

    * * * * *

    (c) * * *

    (2) The Associate Administrator for Procurement (Code HS) is the appproval authority for authorizing contract performance. * * * * *

    PART 1836--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

    1836.213-70 [Amended]

17. Section 1836.213-70 is redesignated as 1836.213-370.

    PART 1844--SUBCONTRACTING POLICIES AND PROCEDURES

18. In section 1844.201-1, paragraph (a)(iii) is revised to read as follows:

    1844.201-1 Consent requirements.

    (a) * * *

    (iii) The contracting officer shall document results of the review in the contract file. For contract modifications and change orders, the contracting officer shall make the determination required by paragraph (a)(ii) of this section whenever the value of any subcontract resulting from the change order or modification is proposed to exceed the dollar threshold for obtaining cost or pricing data (see FAR 15.403-4(a)(1)) or is one of a number of subcontracts with a single subcontractor for the same or related supplies or services that are expected cumulatively to exceed the dollar threshold for obtaining cost or pricing data. * * * * *

    PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    1852.235-70 [Amended]

19. In the introductory language to section 1852.235-70, the reference ``1827.409(i) and'' is removed.

    PART 1853--FORMS

    1853.208-70 [Amended]

20. The section heading of 1853.208-70, is revised and paragraph (c) is revised to read as follows:

    1852.208-70 Other Government sources (Standard Form 1080, Air force Form 858, Department of Energy Form CA-10-90.COM, Nuclear Regulatory Commission Form 313).

    * * * * *

    (c) U.S. Department of Energy Isotope and Technical Service Order Form CA-10-90.COM. Prescribed in 1808.002-70(a). * * * * *

    [FR Doc. 99-2472Filed2-3-99; 8:45 am]

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