[Federal Register: October 6, 2003 (Volume 68, Number 193)]
[Rules and Regulations]
[Page 57629]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc03-9]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1817
RIN 2700-AC78
Interagency Acquisition Approvals
AGENCY: National Aeronautics and Space Administration.
ACTION: Final rule.
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SUMMARY: This final rule amends the NASA Federal Acquisition Regulation
Supplement (NFS) by establishing a five-year limitation on interagency
acquisitions. Individual orders or successive non-competitive orders
for the same requirement with the same servicing agency that will
exceed five years require approval of a deviation. This final rule also
requires determinations and findings (D&Fs) for interagency
acquisitions to identify the period of performance and whether the
acquisition is for a non-competitive follow-on for the same requirement
with the same servicing agency. These changes result from NASA's
agreement with OMB on an action plan regarding the President's
Management Agenda Competitive Sourcing element. These changes will
establish greater consistency in the approval requirements for
contracts, grants, cooperative agreements, and interagency acquisitions
with anticipated periods of performance exceeding five years.
EFFECTIVE DATE: October 6, 2003.
FOR FURTHER INFORMATION CONTACT: Joseph Le Cren, NASA Headquarters,
Office of Procurement, Program Operations Division (Code HS), Washington, DC 20546-0001, (202) 358-0431, e-mail: jlecren@hq.nasa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
OMB and NASA entered into an agreement on an action plan regarding
the President's Management Agenda Competitive Sourcing element. That
agreement called for NASA to put in place plans for reviews and
recompetitions of contracts, interagency acquisitions, and partnerships
identified in inventories submitted to OMB in September 2002. In
developing NASA's plan for reviews and recompetitions, existing
guidance pertaining to interagency acquisitions was reviewed and areas
requiring revision or coverage were identified.
Contracts (inclusive of options), grants, and cooperative
agreements that are planned to exceed five years, generally require the
prior approval of the Assistant Administrator for Procurement. However,
there are no limits for interagency acquisitions. This final rule
establishes a similar requirement for interagency acquisitions, as well
as the information to be provided for a deviation from the rule.
The FAR specifies information that is to be included in the D&Fs
for interagency acquisitions. However, there is no requirement for the
period of performance to be identified. This final rule establishes
such a requirement in order to restrict the use of long-term
acquisitions (greater than five years) that preclude the opportunity
for competition. This is not a significant regulatory action and,
therefore, was not subject to review under Section 6(b) of Executive
Order 12866, Regulatory Planning and Review, dated September 30, 1993.
This final rule is not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
This final 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 1817 in accordance with
5 U.S.C. 610.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this final rule
does not impose any recordkeeping or information collection
requirements 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 1817
Government procurement.
Tom Luedtke,
Assistant Administrator for Procurement.
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Accordingly, 48 CFR Part 1817 is amended as follows:
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1. The authority citation for 48 CFR Part 1817 continues to read as
follows:
Authority: 42 U.S.C. 2473(c)(1).
PART 1817--SPECIAL CONTRACTING METHODS
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2. Amend section 1817.7201 by redesignating the existing text as
paragraph (a) and adding paragraphs (b) and (c) to read as follows:
1817.7201 Policy.
* * * * *
(b) Individual orders or successive non-competitive interagency
orders for the same requirement with the same servicing agency shall
not exceed five years.
(c) Requests for deviation from the five year limitation in
paragraph (b) of this section shall require the approval of the Center
Director if the estimated value of the order is $5 million or less, or
the Assistant Administrator for Procurement (Code HS) if the estimated
value of the order exceeds $5 million. Requests for deviation shall
address:
(1) Why more than five years is required;
(2) Why the work must be performed by the same servicing agency;
and
(3) How long beyond the current order the requirement is expected
to continue.
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3. Amend section 1817.7202 by redesignating existing paragraphs (c) and
(d) as (d) and (e) respectively, and adding a new paragraph (c) to read
as follows:
1817.7202 Determinations and findings requirements.
* * * * *
(c) In addition to the requirements in FAR 17.503, the D&F must
identify the period of performance and whether the acquisition is a
non-competitive follow-on for the same services from the same servicing
agency. (See 1817.7201(b).)
* * * * *
[FR Doc. 03-25290 Filed 10-3-03; 8:45 am]
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