Acquisition regulations: Miscellaneous amendments,

[Federal Register: August 12, 1998 (Volume 63, Number 155)]

[Rules and Regulations]

[Page 43099-43100]

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

[DOCID:fr12au98-14]

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1805, 1822, and 1844

Administrative Revisions to the NASA FAR Supplement

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

SUMMARY: This is a final rule to amend the NASA FAR Supplement (NFS) to make minor editorial changes to the title of Subpart 1822.14, and in Part 1844, Subcontracting Policies and Procedures. These changes result from revisions to these references in Federal Acquisition Circular 97- 05, and include new section titles and numbering. In addition, an editorial change is made to Subpart 1805.3 to correct a reference to an obsolete telephone number.

EFFECTIVE DATE: August 12, 1998.

FOR FURTHER INFORMATION CONTACT: James H. Dolvin, NASA, Office of Procurement, Contract Management Division (Code HK), (202) 358-1279.

SUPPLEMENTARY INFORMATION:

Background

Federal Acquisition Circular 97-05, published in the Federal Register on June 22, 1998, contained several changes in section titles and numbering which required changes in the NFS to maintain its consistency with the FAR. These changes include: new titles for Sections 1822.14 (Employment of Workers with Disabilities), 1844.201 (Consent and Advance Notification Requirements), and 1844.201-1 (Consent Requirements); and relocating the present language in Section 1844.201-2 to new Section 1844.201-1. Another administrative change is made to delete an outdated telephone number from section 1805.303-71.

Impact

This rule does not constitute a significant FAR revision within the meaning of FAR 1.501 and Pub. L. 98-577, and publication for public comment is not required.

List of Subjects in 48 CFR Parts 1805, 1822, and 1844

Government procurement. Tom Luedtke, Deputy Associate Administrator for Procurement.

Accordingly, 48 CFR Parts 1805, 1822, and 1844 are amended as follows:

1. The authority citation for 48 CFR Parts 1805, 1822, and 1844 continues to read as follows:

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

   PART 1805--PUBLICIZING CONTRACT ACTIONS

   Sec. 1805.303-71 [Amended]

2. In subpart 1805.303-71, the second sentence of the introductory text in paragraph (b) is amended by deleting the reference ``(202-358- 2080)''.

   PART 1822--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION

   Subpart 1822.14 [Amended]

3. In subpart 1822.14, the subpart heading ``Employment of the Handicapped'' is revised to read ``Employment of Workers with Disabilities''.

   PART 1844--SUBCONTRACTING POLICIES AND PROCEDURES

   1844.201, 1844.201-1 [Revised]

4. Section 1844.201 and 1844.201-1 are revised to read as follows:

   1844.201 Consent and advance notification requirements.

   1844.201-1 Consent requirements. (NASA supplements paragraph (a))

   (a)(i) In determining special surveillance consent requirements, the contracting officer should consider specific subcontract awards, as well as any individual systems, subsystems, components, technologies, and services that should have contracting officer consent prior to being subcontracted.

   (ii) For each planned contract award expected to exceed $1 million in total estimated value (inclusive of options), the contracting officer should consider such factors as the following to determine whether certain subcontracts require special surveillance:

   (A) The degree of subcontract pricing uncertainties at the time of contract award;

   (B) The overall quality of the contractor's approach to pricing subcontracts;

   (C) The extent of competition achieved, or to be achieved, by the contractor in the award of subcontracts;

   (D) Technical complexity and the criticality of specific supplies, services, and technologies on the successful performance of the contract; and

   (E) The potential impact of planned subcontracts on source selection or incentive arrangements.

   (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

   [[Page 43100]]

   subcontract resulting from the change order or modification is proposed to exceed $100,000 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 $100,000.

   (iv) In addition, any subcontract under a cost type prime contract shall be identified for special surveillance if consent was not provided at the time of contract award and cost or pricing data would be required in accordance with FAR 15.404-3(c).

   1844.201-2 [Removed]

5. Section 1844.201-2 is removed.

   [FR Doc. 98-21617Filed8-11-98; 8:45 am]

   BILLING CODE 7510-01-P