[Federal Register: September 27, 2004 (Volume 69, Number 186)]
[Proposed Rules]
[Page 57664-57665]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se04-20]
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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.
ACTION: Proposed rule.
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SUMMARY: This proposed rule amends the NASA FAR Supplement 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 $500,000; and acknowledgement of NASA sponsorship and
disclaimer of agency endorsement of results.
DATES: Comments must be received by November 26, 2004.
ADDRESSES: Interested parties may submit comments, identified by RIN
[[Page 57665]]
http://www.regulations.gov. Follow the instructions for submitting comments.
Comments may also be submitted to Patrick Flynn, NASA, Office of
Procurement, Contract Management Division (Code HK), Washington, DC
20546. Comments can also be submitted by e-mail to:
patrick.flynn@nasa.gov.
FOR FURTHER INFORMATION CONTACT: Patrick Flynn, NASA, Office of
Procurement, Contract Management Division (Code HK); (202) 358-0460; e-
mail: patrick.flynn@nasa.gov.
SUPPLEMENTARY INFORMATION:
A. General
The current process requires submission of a Small Business
Subcontracting Plan when appropriate, at the award stage of the NASA
Research Announcement (NRA) cycle. It is often too late to consider
small business subcontracting at this stage if it was not planned in
advance. Under this proposed rule requiring submission of the plan with
the proposal, offerors will consider small business subcontracting
opportunities in their proposal planning process. This change in
process will significantly increase the opportunities for small
business participation in NASA Research Announcements and research and
development contracting within the Agency. The NASA Guidebook for
Proposers Responding to a NRA currently advises NRA proposers to
document all publications with an acknowledgement as well as include a
disclaimer on certain published materials. However, regulatory
language, which allows implementation of these requirements, does not
currently exist. This change will require incorporation of the
acknowledgement and disclaimer language on the appropriate published
material.
This proposed rule is not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
This proposed rule does not constitute a significant revision
within the meaning of FAR 1.501 and Pub. L. 98-577, and publication for
public comment is not required. However, NASA will consider comments
from small entities concerning the affected NFS Part 1835 in accordance
with 5 U.S.C. 610.
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 Part 1852
Government procurement.
Tom Luedtke,
Deputy Chief Acquisition Officer/ Director for Procurement.
Accordingly, 48 CFR part 1852 is proposed to be amended as follows:
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1. The authority citation for 48 CFR Part 1852 continues to read as
follows:
Authority: 42 U.S.C. 2473(c)(1).
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 (Month/Year
of Final Rule Publication Date)
(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 $500,000 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. Any resultant grants or cooperative
agreements will be awarded and administered in accordance with the NASA
Grant and Cooperative Agreement Handbook (NPR 5800.1).
* * * * *
1852.235-73 [Amended]
3. A. Amend section 1852.235-73 by revising the date of the clause
to read [Date of Final Rule publication] and, in the first sentence of
paragraph (b) removing the reference ``NPG 2200.2A'' and adding `` NPR
2200.2'' in its place.
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:
Alternate II (Month/Year of Final Rule Publication Date)
* * * * *
(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. 04-21414 Filed 9-24-04; 8:45 am]
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