[Federal Register: September 21, 1999 (Volume 64, Number 182)] [Rules and Regulations] [Page 51078-51079] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21se99-13] ======================================================================= ----------------------------------------------------------------------- NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1811, 1812, 1813, 1815, 1816, 1837, 1842, 1847, and 1852 Revisions to the NASA FAR Supplement on Brand Name or Equal Procedures AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends the NASA FAR Supplement (NFS) to remove brand name or equal guidance no longer necessary as a result of FAR changes contained in Federal Acquisition Circular (FAC) 97-12. This rule also makes editorial corrections and miscellaneous changes dealing with NASA internal and administrative matters. EFFECTIVE DATE: September 21, 1999. FOR FURTHER INFORMATION CONTACT: James H. Dolvin, NASA Headquarters, Office of Procurement, Contract Management Division (Code HK), Washington, DC 20546, (202) 358-1279, e-mail: jdolvin1@mail.hq.nasa.gov. SUPPLEMENTARY INFORMATION: A. Background FAC 97-12, dated June 17, 1999, contains guidance for use of brand name or equal procedures at FAR 11.4, Use of brand name or equal purchase descriptions, and a corresponding solicitation provision at FAR 52.211-6, Brand Name or Equal. The NASA FAR Supplement already has almost identical guidance at 1811.104-70, Brand name or equal purchase descriptions, and a solicitation provision at 1852.211-70, Brand Name or Equal. Because of this resulting duplication, the NFS coverage in Parts 1811 and 1852 is being removed in its entirety. Other editorial changes unrelated to brand name or equal guidance are made to: correct clause and referenced document titles; correct listing of clauses authorized for use in acquisition of commercial items; update the agency program coordinator for the Governmentwide commercial purchase card; allow electronic submission of RFPs for Headquarters review; and correct the numbering within Section 1842.202. B. Regulatory Flexibility Act This rule does not constitute a significant revision within the meaning of FAR 1.501 and Public Law 98-577, and publication for public comment is not required. However, comments from small entities concerning the affected NFS subparts will be considered in accordance with 5 U.S.C. 601. Such comments must be submitted separately and should cite 5 U.S.C. 601, et seq. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the changes to the NFS does not impose recordkeeping or information collection requirements, or collections of information from offerors, contractors, or members of the public 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 1811, 1812, 1813, 1815, 1816, 1837, 1842, 1847, and 1852 Government procurement. Tom Luedtke, Associate Administrator for Procurement. Accordingly, 48 CFR Parts 1811, 1812, 1813, 1815, 1816, 1837, 1842, 1847, and 1852 are amended as follows: 1. The authority citation for 48 CFR Parts 1811, 1812, 1813, 1815, 1816, 1837, 1842, 1847, and 1852 continues to read as follows: Authority: 42 U.S.C. 2473(c)(1) PART 1811--DESCRIBING AGENCY NEEDS 2. Subpart 1811.1 is removed. PART 1812--ACQUISITION OF COMMERCIAL ITEMS 3. In section 1812.301, paragraph (f)(i)(J) is removed, and the designated paragraph (f)(i)(K) is redesignated as (f)(i)(J), and paragraph (f)(i)(E) is revised to read as follows: 1812.301 Solicitation provisions and contract clauses for the acquisition of commercial items. (f)(i) * * * (E) 1852.219-76, NASA 8 Percent Goal. [[Page 51079]] PART 1813--SIMPLIFIED ACQUISITION PROCEDURES 4-5. In section 1813.301-73, paragraph (a) is revised to read as follows: 1813.301-73 Program officials. (a) The Langley Research Center, Office of Procurement (Code AG), is the agency program coordinator. * * * * * PART 1815--CONTRACTING BY NEGOTIATION 6. Section 1815.203-71 is revised to read as follows: Sec. 1815.203-71 Headquarters reviews. For RFPs requiring Headquarters review and approval, the procurement officer shall submit an electronic copy of the RFP to the Associate Administrator for Procurement (Code HS). Any significant information relating to the RFP or the planned evaluation methodology omitted from the RFP itself should also be provided. PART 1816--TYPES OF CONTRACTS 7. In section 1816.505, paragraph (b)(4) is redesignated as paragraph (b)(6). 8. In section 1816.506-70, the reference ``(See NHB 9501.2)'' is revised to read ``(see NPG 9501.2, NASA Contractor Financial Management Reporting System)''. PART 1837--SERVICE CONTRACTING 9. In section 1837.203, the reference ``(see NMI 3304.1, Employment of Experts and Consultants)'' is revised to read ``(see NPD 3000.1, Management of Human Resources)''. PART 1842--CONTRACT ADMINISTRATION AND AUDIT SERVICES 10. In section 1842.202, paragraph (b)(1) is redesignated as (b)(i). PART 1847--TRANSPORTATION 11. Section 1847.200-70 is revised to read as follows: 1847.200-70 Charter of aircraft. When acquiring aircraft by charter, contracting officers shall comply with NPG 7900.3, Aircraft Operations Management. PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 12. Section 1852.211-70 is removed. [FR Doc. 99-24361 Filed 9-20-99; 8:45 am] BILLING CODE 7510-01-P