NASA Implementation of OMB Guidance on Nonprocurement Debarment and Suspension, 19783-19785 [07-1949]
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19783
Rules and Regulations
Federal Register
Vol. 72, No. 76
Friday, April 20, 2007
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
2 CFR Part 1880
14 CFR Parts 1260, 1265, and 1274
RIN 2700–AD32
NASA Implementation of OMB
Guidance on Nonprocurement
Debarment and Suspension
National Aeronautics and
Space Administration.
ACTION: Final rule.
cprice-sewell on PRODPC61 with RULES
AGENCY:
SUMMARY: The National Aeronautics and
Space Administration (NASA) is issuing
a new Part 1880 on nonprocurement
debarment and suspension in Title 2 of
the Code of Federal Regulations (CFR).
This new part is NASA’s
implementation of the Office of
Management and Budget’s (OMB)
guidance provided at 2 CFR Part 180. In
light of the new Part 1880, NASA is
removing 14 CFR Part 1265 which
contains the current NASA
implementation of the government-wide
common rule on nonprocurement
debarment and suspension. The new
part in 2 CFR serves the same purpose
as the common rule in a simpler way.
This final rule is part of OMB’s
initiative to streamline and consolidate
all federal regulations on
nonprocurement debarment and
suspension. It is an administrative
simplification that makes no substantive
change in NASA policy or procedures
for nonprocurement debarment and
suspension.
EFFECTIVE DATE: This final rule is
effective April 20, 2007.
FOR FURTHER INFORMATION CONTACT:
Jamiel C. Commodore, NASA, Office of
Procurement, Contract Management
Division; (202) 358–0302; e-mail:
Jamiel.C.Commodore@nasa.gov.
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
15:15 Apr 19, 2007
Jkt 211001
A. Background
B. Regulatory Flexibility Act
On May 11, 2004, OMB established
Title 2 of the CFR with two subtitles (69
FR 26275). Subtitle A, ‘‘Governmentwide Grants and Agreements,’’ contains
OMB policy guidance to Federal
agencies on grants and agreements.
Subtitle B, ‘‘Federal Agency Regulations
for Grants and Agreements,’’ contains
Federal agencies’ regulations
implementing the OMB guidance, as it
applies to grants and other financial
assistance agreements and
nonprocurement transactions.
On August 31, 2005, OMB published
interim final guidance for governmentwide nonprocurement debarment and
suspension in the Federal Register (70
FR 51863). The guidance is located in
Title 2 of the CFR as new Subtitle A,
Chapter 1, Part 180. The interim final
guidance updated previous OMB
guidance that was issued pursuant to
Executive Order 12549 of February 18,
1996, Debarment and Suspension,
which gave government-wide effect to
each agency’s nonprocurement
debarment and suspension actions.
Section 6 of the Executive Order
authorized OMB to issue guidance to
Executive agencies on nonprocurement
debarment and suspension, including
provisions prescribing government-wide
criteria and minimum due process.
Section 3 directed Executive agencies to
issue regulations implementing the
Executive Order that are consistent with
the OMB guidelines. On November 15,
2006, OMB published a final rule
adopting the interim final guidance with
changes (71 FR 66431).
In accordance with OMB’s guidance,
NASA is issuing this final rule to adopt
and implement Title 2 CFR, Part 180.
The rule includes the same NASA
additions and clarifications to the
common rule on nonprocurement
debarment and suspension that were
added to 14 CFR 1265 in November
2003 (68 FR 66573). As indicated, this
latter coverage is now obsolete and is
removed by this final rule.
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
rule is not a major rule under 5 U.S.C.
804.
NASA certifies that this final rule will
not have a significant economic impact
on a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule involves an
administrative adoption of a previously
codified material in a new part of the
CFR.
PO 00000
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C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes do not
impose 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
2 CFR Part 1880
Administrative practice and
procedure, Debarment and suspension,
Grant programs, Reporting and
recordkeeping requirements.
14 CFR Part 1260
Grant programs—science and
technology.
14 CFR Part 1265
Administrative practice and
procedure, Debarment and suspension,
Grant programs, Reporting and
recordkeeping requirements.
14 CFR Part 1274
Grant programs—science and
technology.
Tom Luedtke,
Assistant Administrator for Procurement.
Accordingly, 2 CFR and 14 CFR Parts
1260, 1265 and 1274 are amended as
follows:
I
Title 2—Grants and Agreements
1. Add Chapter XVIII, consisting of
Part 1880 to Subtitle B, to read as
follows:
I
CHAPTER 18—NATIONAL AERONAUTICS
AND SPACE ADMINISTRATION
PART 1880—NONPROCUREMENT
DEBARMENT AND SUSPENSION
Sec.
1880.10 What does this part do?
1880.20 Does this part apply to me?
1880.30 What policies and procedures must
I follow?
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Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Rules and Regulations
Subpart A—General
§ 1880.30 What policies and procedures
must I follow?
1880.137 Who in NASA may grant an
exception to let an excluded person
participate in a covered transaction?
Subpart B—Covered Transactions
1880.220 What contracts and subcontracts,
in addition to those listed in 2 CFR
180.220, are covered transactions?
Subpart C—Responsibilities of Participants
Regarding Transactions
1880.332 What methods must I use to pass
requirements down to participants at
lower tiers with whom I intend to do
business?
Subpart D—Responsibilities of Federal
Agency Officials Regarding Transactions
1880.437 What method do I use to
communicate to a participant the
requirements described in the OMB
guidance at 2 CFR 180.435?
Subpart A—General
Subparts E–J—[Reserved]
Authority: Sec. 2455, Pub. L. 103–355, 108
Stat. 3327; E.O. 12549, 3 CFR, 1986 Comp.,
p. 189; E.O. 12689, 3 CFR, 1989 Comp., p.
235; 42 U.S.C. 2473(c)(1).
§ 1880.10
What does this part do?
This Part adopts the Office of
Management and Budget (OMB)
guidance in Subparts A through I of 2
CFR part 180, as supplemented by this
part, as the NASA policies and
procedures for nonprocurement
debarment and suspension. It thereby
gives regulatory effect for NASA to the
OMB guidance as supplemented by this
part. This part satisfies the requirements
in section 3 of Executive Order 12549,
‘‘Debarment and Suspension’’ (3 CFR
1986 Comp., p. 189), Executive Order
12689, ‘‘Debarment and Suspension’’ (3
CFR 1989 Comp., p. 235) and 31 U.S.C.
6101 note (Section 2455, Public Law
103–355, 108 Stat. 3327).
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§ 1880.20
Does this part apply to me?
This part and, through this part,
pertinent portions of the OMB guidance
in Subparts A through I of 2 CFR part
180 (see table at 2 CFR 180.100(b))
apply to you if you are a—
(a) Participant or principal in a
‘‘covered transaction’’ (see Subpart B of
2 CFR part 180 and the definition of
‘‘nonprocurement transaction’’ at 2 CFR
180.970);
(b) Respondent in a NASA suspension
or debarment action;
(c) NASA debarment or suspension
official; or
(d) NASA grants officer, agreements
officer, or other official authorized to
enter into any type of nonprocurement
transaction that is a covered transaction.
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15:15 Apr 19, 2007
Jkt 211001
The NASA policies and procedures
that you must follow are the policies
and procedures specified in each
applicable section of the OMB guidance
in Subparts A through I of 2 CFR part
180, as that section is supplemented by
the section in this part with the same
section number. The contracts that are
covered transactions, for example, are
specified by section 220 of the OMB
guidance (i.e., 2 CFR 180.220) as
supplemented by section 220 in this
part (i.e., § 1880.220). For any section of
OMB guidance in Subparts A through I
of 2 CFR 180 that has no corresponding
section in this part, NASA policies and
procedures are those in the OMB
guidance.
§ 1880.137 Who in NASA may grant an
exception to let an excluded person
participate in a covered transaction?
The Chief Acquisition Officer has the
authority to grant an exception to let an
excluded person participate in a
covered transaction, as provided in the
OMB guidance at 2 CFR 180.135.
Subpart B—Covered Transactions
§ 1880.220 What contracts and
subcontracts, in addition to those listed in
2 CFR 180.220, are covered transactions?
Although the OMB guidance at 2 CFR
180.220(c) allows a Federal agency to do
so (also see optional lower tier coverage
in the figure in the Appendix to 2 CFR
part 180), NASA does not extend
coverage of nonprocurement suspension
and debarment requirements beyond
first-tier procurement contracts under a
covered nonprocurement transaction.
Subpart C—Responsibilities of
Participants Regarding Transactions
§ 1880.332 What methods must I use to
pass requirements down to participants at
lower tiers with whom I intend to do
business?
You as a participant must include a
term or condition in lower-tier
transactions requiring lower-tier
participants to comply with Subpart C
of the OMB guidance in 2 CFR part 180,
as supplemented by this subpart.
Subpart D—Responsibilities of Federal
Agency Officials Regarding
Transactions
§ 1880.437 What method do I use to
communicate to a participant the
requirements described in the OMB
guidance at 2 CFR 180.435?
To communicate to a participant the
requirements described in 2 CFR
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Frm 00002
Fmt 4700
Sfmt 4700
180.435 of the OMB guidance, you must
include a term or condition in the
transaction that requires the
participant’s compliance with Subpart C
of 2 CFR part 180, as supplemented by
Subpart C of this part, and requires the
participant to include a similar term or
condition in lower-tier covered
transactions.
Subparts E–J—[Reserved]
Title 14—Aeronautics and Space
Chapter V—National Aeronautics and Space
Administration
PART 1260—GRANTS AND
COOPERATIVE AGREEMENTS
2. The authority citation for 14 CFR
part 1260 continues to read as follows:
I
Authority: 42 U.S.C. 2473(c)(1), Pub. L. 97–
258, 96 Stat. 1003 (31 U.S.C. 6301, et seq.),
and OMB Circular A–110.
3. Amend § 1260.10 by revising
paragraph (c)(1)(i) to read as follows:
I
§ 1260.10
Proposals.
*
*
*
*
*
(c)(1) * * *
(i) A certification for debarment and
suspension under the requirements of 2
CFR § 180.510.
*
*
*
*
*
I 4. Amend § 1260.76 by revising
paragraph (b) to read as follows:
§ 1260.76
Termination and enforcement.
*
*
*
*
*
(b) The Director, Contract
Management Division, shall provide to
the General Services Administration
information concerning all NASA
debarments, suspensions,
determinations of ineligibility, and
voluntary exclusions of persons in
accordance with 2 CFR 180.505.
*
*
*
*
*
I 5. Amend § 1260.113 to read as
follows:
§ 1260.113
Debarment and suspension.
NASA and recipients shall comply
with the nonprocurement debarment
and suspension rule, 2 CFR 180
implementing Executive Orders 12549
and 12689, ‘‘Debarment and
Suspension’’. This rule restricts
contracts with certain parties that are
debarred, suspended or otherwise
excluded from or ineligible for
participation in Federal assistance
programs or activities.
I 6. Amend § 1260.144 by revising
paragraph (d) to read as follows:
§ 1260.144
Procurement procedures.
*
*
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*
Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Rules and Regulations
(d) Contracts shall be made only with
responsible contractors who possess the
potential ability to perform successfully
under the terms and conditions of the
proposed procurement. Consideration
shall be given to such matters as
contractor integrity, record of past
performance, financial and technical
resources or accessibility to other
necessary resources. In certain
circumstances, contracts with certain
parties are restricted by 2 CFR part 180,
the implementation of Executive Orders
12549 and 12689, ‘‘Debarment and
Suspension.’’
*
*
*
*
*
I 7. Amend § 1260.162 by revising
paragraph (d) to read as follows:
(d) Contracts shall be made only with
responsible contractors who possess the
potential ability to perform successfully
under the terms and conditions of the
proposed procurement. Consideration
shall be given to such matters as
contractor integrity, record of past
performance, financial and technical
resources or accessibility to other
necessary resources. In certain
circumstances, contracts with certain
parties are restricted by 2 CFR part 180,
the implementation of Executive Orders
12549 and 12689, ‘‘Debarment and
Suspension.’’
*
*
*
*
*
I 13. Revise § 1274.927 to read as
follows:
§ 1260.162
§ 1274.927 Debarment and Suspension
and Drug-Free Workplace.
Enforcement.
*
*
*
*
*
(d) Relationship to debarment and
suspension. The enforcement remedies
identified in this section, including
suspension and termination, do not
preclude a recipient from being subject
to debarment and suspension under
Executive Orders 12549 and 12689 and
2 CFR part 180 (see § 1260.113).
PART 1265—GOVERNMENTWIDE
DEBARMENT AND SUSPENSION
(NONPROCUREMENT)
[FR Doc. 07–1949 Filed 4–19–07; 8:45 am]
8. The authority citation for 14 CFR
part 1265 continues to read as follows:
I
Authority: Sec. 2455, Pub. L. 103–355, 108
Stat. 3327; E.O. 12549, 3 CFR, 1986 Comp.,
p. 189; E.O. 12689, 3 CFR, 1989 Comp., p.
235; 42 U.S.C. 2473(c)(1).
PART 1274—COOPERATIVE
AGREEMENTS WITH COMMERCIAL
FIRMS
10. The authority citation for 14 CFR
part 1274 continues to read as follows:
Authority: 31 U.S.C. 6301 to 6308; 42
U.S.C. 2451, et seq.
11. Amend § 1274.211 by revising
paragraph (d)(2) to read as follows:
I
Award procedures.
cprice-sewell on PRODPC61 with RULES
*
*
*
*
*
(d) * * *
(2) Each new proposal shall include a
certification for debarment and
suspension under the requirements of 2
CFR 180.510 and 1260.117.
*
*
*
*
*
I 12. Amend § 1274.505 by revising
paragraph (d) to read as follows:
§ 1274.505
Procurement procedures.
*
*
VerDate Aug<31>2005
*
*
16:22 Apr 19, 2007
Federal Aviation Administration
RIN 2120–AA64
I
*
DEPARTMENT OF TRANSPORTATION
[Docket No. FAA–2006–26075; Directorate
Identifier 2006–CE–55–AD; Amendment 39–
15025; AD 2007–08–08]
9. Remove Part 1265.
§ 1274.211
BILLING CODE 7510–01–P
14 CFR Part 39
PART 1265—[REMOVED]
I
Debarment and Suspension and DrugFree Workplace (APR 2007)
NASA cooperative agreements are
subject to the provisions of 2 CFR part
180, Government-wide Debarment and
Suspension (Nonprocurement) and 14
CFR part 1267, Government-wide
requirements for Drug-Free Workplace,
unless excepted by 2 CFR 180.110 or
180.610.
[End of Provision]
Jkt 211001
Airworthiness Directives; Raytheon
Aircraft Company (The Beech Aircraft
Company and BEECH previously held
Type Certificate Nos. 3A15, 3A16, 5A3,
and A–777) Models 35–33, 35–A33, 35–
B33, 35–C33, E33, F33, G33, 35–C33A,
E33A, F33A, E33C, F33C, 35, A35, B35,
C35, D35, E35, F35, G35, H35, J35, K35,
M35, N35, P35, S35, V35, V35A, V35B,
36, A36, A45 (T–34A, B45), D45 (T–
34B), 95–55, 95–A55, 95–B55, 95–B55A,
95–B55B (T–42A), 95–C55, 95–C55A,
D55, D55A, E55, E55A, 56TC, A56TC,
58, 95, B95, B95A, D95A, and E95
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) that
PO 00000
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Fmt 4700
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19785
supersedes AD 72–22–01, which applies
to certain Raytheon Aircraft Company
(RAC) (The Beech Aircraft Company
and BEECH previously held Type
Certificate Nos. 3A15, 3A16, 5A3, and
A–777) Models 33, 35, 36, 45, and 95
series airplanes. AD 72–22–01 currently
requires you to determine if each uplock
roller is of the greasible type (one
having a drilled and grooved inner
race), replace any nongreasible uplock
roller (one having a solid inner race)
with the greasible type before further
flight, install hollow zerk-ended
mounting bolts on the uplock rollers,
and repetitively lubricate the uplock
mechanism. Since we issued AD 72–22–
01, there was a recent incident
involving a RAC Model 95–B55B (T–
42A) airplane where a seizure of the
uplock rollers occurred. This
malfunction of the uplock rollers is
addressed in AD 72–22–01. Thus, the
FAA has determined that the actions of
AD 72–22–01 should also apply to
certain serial numbers of the Model 95–
B55B (T–42A) airplanes. Consequently,
this AD retains all the actions of AD 72–
22–01, adds those Model 95–B55B (T–
42A) airplanes to the applicability of
this AD, and lists the specific serial
numbers. We are issuing this AD to
decrease the possibility of gear-up
landings caused by seizure of the uplock
rollers.
DATES: This AD becomes effective on
May 25, 2007.
On May 25, 2007 the Director of the
Federal Register approved the
incorporation by reference of certain
publications listed in this AD.
ADDRESSES: To get the service
information identified in this AD,
contact Raytheon Aircraft Company,
P.O. Box 85, Wichita, Kansas 67201–
0085; telephone: (800) 429–5372 or
(316) 676–3140. To view the AD docket,
go to the Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
001 or on the Internet at https://
dms.dot.gov. The docket number is
FAA–2006–26075; Directorate Identifier
2006–CE–55–AD.
FOR FURTHER INFORMATION CONTACT:
Anthony Flores, Aerospace Engineer,
FAA, Wichita Aircraft Certification
Office, 1801 Airport Road, Wichita,
Kansas 67209; telephone: (316) 946–
4174; facsimile: (316) 946–4107.
SUPPLEMENTARY INFORMATION:
Discussion
On December 4, 2006, we issued a
proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to
include an AD that would apply to
E:\FR\FM\20APR1.SGM
20APR1
]]>Agencies
[Federal Register Volume 72, Number 76 (Friday, April 20, 2007)]
[Rules and Regulations]
[Pages 19783-19785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1949]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Rules
and Regulations
[[Page 19783]]
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
2 CFR Part 1880
14 CFR Parts 1260, 1265, and 1274
RIN 2700-AD32
NASA Implementation of OMB Guidance on Nonprocurement Debarment
and Suspension
AGENCY: National Aeronautics and Space Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Aeronautics and Space Administration (NASA) is
issuing a new Part 1880 on nonprocurement debarment and suspension in
Title 2 of the Code of Federal Regulations (CFR). This new part is
NASA's implementation of the Office of Management and Budget's (OMB)
guidance provided at 2 CFR Part 180. In light of the new Part 1880,
NASA is removing 14 CFR Part 1265 which contains the current NASA
implementation of the government-wide common rule on nonprocurement
debarment and suspension. The new part in 2 CFR serves the same purpose
as the common rule in a simpler way. This final rule is part of OMB's
initiative to streamline and consolidate all federal regulations on
nonprocurement debarment and suspension. It is an administrative
simplification that makes no substantive change in NASA policy or
procedures for nonprocurement debarment and suspension.
EFFECTIVE DATE: This final rule is effective April 20, 2007.
FOR FURTHER INFORMATION CONTACT: Jamiel C. Commodore, NASA, Office of
Procurement, Contract Management Division; (202) 358-0302; e-mail:
Jamiel.C.Commodore@nasa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
On May 11, 2004, OMB established Title 2 of the CFR with two
subtitles (69 FR 26275). Subtitle A, ``Government-wide Grants and
Agreements,'' contains OMB policy guidance to Federal agencies on
grants and agreements. Subtitle B, ``Federal Agency Regulations for
Grants and Agreements,'' contains Federal agencies' regulations
implementing the OMB guidance, as it applies to grants and other
financial assistance agreements and nonprocurement transactions.
On August 31, 2005, OMB published interim final guidance for
government-wide nonprocurement debarment and suspension in the Federal
Register (70 FR 51863). The guidance is located in Title 2 of the CFR
as new Subtitle A, Chapter 1, Part 180. The interim final guidance
updated previous OMB guidance that was issued pursuant to Executive
Order 12549 of February 18, 1996, Debarment and Suspension, which gave
government-wide effect to each agency's nonprocurement debarment and
suspension actions. Section 6 of the Executive Order authorized OMB to
issue guidance to Executive agencies on nonprocurement debarment and
suspension, including provisions prescribing government-wide criteria
and minimum due process. Section 3 directed Executive agencies to issue
regulations implementing the Executive Order that are consistent with
the OMB guidelines. On November 15, 2006, OMB published a final rule
adopting the interim final guidance with changes (71 FR 66431).
In accordance with OMB's guidance, NASA is issuing this final rule
to adopt and implement Title 2 CFR, Part 180. The rule includes the
same NASA additions and clarifications to the common rule on
nonprocurement debarment and suspension that were added to 14 CFR 1265
in November 2003 (68 FR 66573). As indicated, this latter coverage is
now obsolete and is removed by this final rule.
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 rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
NASA certifies that this final rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule involves an administrative adoption of a previously
codified material in a new part of the CFR.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes do
not impose 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
2 CFR Part 1880
Administrative practice and procedure, Debarment and suspension,
Grant programs, Reporting and recordkeeping requirements.
14 CFR Part 1260
Grant programs--science and technology.
14 CFR Part 1265
Administrative practice and procedure, Debarment and suspension,
Grant programs, Reporting and recordkeeping requirements.
14 CFR Part 1274
Grant programs--science and technology.
Tom Luedtke,
Assistant Administrator for Procurement.
0
Accordingly, 2 CFR and 14 CFR Parts 1260, 1265 and 1274 are amended as
follows:
Title 2--Grants and Agreements
0
1. Add Chapter XVIII, consisting of Part 1880 to Subtitle B, to read as
follows:
CHAPTER 18--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
PART 1880--NONPROCUREMENT DEBARMENT AND SUSPENSION
Sec.
1880.10 What does this part do?
1880.20 Does this part apply to me?
1880.30 What policies and procedures must I follow?
[[Page 19784]]
Subpart A--General
1880.137 Who in NASA may grant an exception to let an excluded
person participate in a covered transaction?
Subpart B--Covered Transactions
1880.220 What contracts and subcontracts, in addition to those
listed in 2 CFR 180.220, are covered transactions?
Subpart C--Responsibilities of Participants Regarding Transactions
1880.332 What methods must I use to pass requirements down to
participants at lower tiers with whom I intend to do business?
Subpart D--Responsibilities of Federal Agency Officials Regarding
Transactions
1880.437 What method do I use to communicate to a participant the
requirements described in the OMB guidance at 2 CFR 180.435?
Subparts E-J--[Reserved]
Authority: Sec. 2455, Pub. L. 103-355, 108 Stat. 3327; E.O.
12549, 3 CFR, 1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989 Comp., p.
235; 42 U.S.C. 2473(c)(1).
Sec. 1880.10 What does this part do?
This Part adopts the Office of Management and Budget (OMB) guidance
in Subparts A through I of 2 CFR part 180, as supplemented by this
part, as the NASA policies and procedures for nonprocurement debarment
and suspension. It thereby gives regulatory effect for NASA to the OMB
guidance as supplemented by this part. This part satisfies the
requirements in section 3 of Executive Order 12549, ``Debarment and
Suspension'' (3 CFR 1986 Comp., p. 189), Executive Order 12689,
``Debarment and Suspension'' (3 CFR 1989 Comp., p. 235) and 31 U.S.C.
6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327).
Sec. 1880.20 Does this part apply to me?
This part and, through this part, pertinent portions of the OMB
guidance in Subparts A through I of 2 CFR part 180 (see table at 2 CFR
180.100(b)) apply to you if you are a--
(a) Participant or principal in a ``covered transaction'' (see
Subpart B of 2 CFR part 180 and the definition of ``nonprocurement
transaction'' at 2 CFR 180.970);
(b) Respondent in a NASA suspension or debarment action;
(c) NASA debarment or suspension official; or
(d) NASA grants officer, agreements officer, or other official
authorized to enter into any type of nonprocurement transaction that is
a covered transaction.
Sec. 1880.30 What policies and procedures must I follow?
The NASA policies and procedures that you must follow are the
policies and procedures specified in each applicable section of the OMB
guidance in Subparts A through I of 2 CFR part 180, as that section is
supplemented by the section in this part with the same section number.
The contracts that are covered transactions, for example, are specified
by section 220 of the OMB guidance (i.e., 2 CFR 180.220) as
supplemented by section 220 in this part (i.e., Sec. 1880.220). For
any section of OMB guidance in Subparts A through I of 2 CFR 180 that
has no corresponding section in this part, NASA policies and procedures
are those in the OMB guidance.
Subpart A--General
Sec. 1880.137 Who in NASA may grant an exception to let an excluded
person participate in a covered transaction?
The Chief Acquisition Officer has the authority to grant an
exception to let an excluded person participate in a covered
transaction, as provided in the OMB guidance at 2 CFR 180.135.
Subpart B--Covered Transactions
Sec. 1880.220 What contracts and subcontracts, in addition to those
listed in 2 CFR 180.220, are covered transactions?
Although the OMB guidance at 2 CFR 180.220(c) allows a Federal
agency to do so (also see optional lower tier coverage in the figure in
the Appendix to 2 CFR part 180), NASA does not extend coverage of
nonprocurement suspension and debarment requirements beyond first-tier
procurement contracts under a covered nonprocurement transaction.
Subpart C--Responsibilities of Participants Regarding Transactions
Sec. 1880.332 What methods must I use to pass requirements down to
participants at lower tiers with whom I intend to do business?
You as a participant must include a term or condition in lower-tier
transactions requiring lower-tier participants to comply with Subpart C
of the OMB guidance in 2 CFR part 180, as supplemented by this subpart.
Subpart D--Responsibilities of Federal Agency Officials Regarding
Transactions
Sec. 1880.437 What method do I use to communicate to a participant
the requirements described in the OMB guidance at 2 CFR 180.435?
To communicate to a participant the requirements described in 2 CFR
180.435 of the OMB guidance, you must include a term or condition in
the transaction that requires the participant's compliance with Subpart
C of 2 CFR part 180, as supplemented by Subpart C of this part, and
requires the participant to include a similar term or condition in
lower-tier covered transactions.
Subparts E-J--[Reserved]
Title 14--Aeronautics and Space
Chapter V--National Aeronautics and Space Administration
PART 1260--GRANTS AND COOPERATIVE AGREEMENTS
0
2. The authority citation for 14 CFR part 1260 continues to read as
follows:
Authority: 42 U.S.C. 2473(c)(1), Pub. L. 97-258, 96 Stat. 1003
(31 U.S.C. 6301, et seq.), and OMB Circular A-110.
0
3. Amend Sec. 1260.10 by revising paragraph (c)(1)(i) to read as
follows:
Sec. 1260.10 Proposals.
* * * * *
(c)(1) * * *
(i) A certification for debarment and suspension under the
requirements of 2 CFR Sec. 180.510.
* * * * *
0
4. Amend Sec. 1260.76 by revising paragraph (b) to read as follows:
Sec. 1260.76 Termination and enforcement.
* * * * *
(b) The Director, Contract Management Division, shall provide to
the General Services Administration information concerning all NASA
debarments, suspensions, determinations of ineligibility, and voluntary
exclusions of persons in accordance with 2 CFR 180.505.
* * * * *
0
5. Amend Sec. 1260.113 to read as follows:
Sec. 1260.113 Debarment and suspension.
NASA and recipients shall comply with the nonprocurement debarment
and suspension rule, 2 CFR 180 implementing Executive Orders 12549 and
12689, ``Debarment and Suspension''. This rule restricts contracts with
certain parties that are debarred, suspended or otherwise excluded from
or ineligible for participation in Federal assistance programs or
activities.
0
6. Amend Sec. 1260.144 by revising paragraph (d) to read as follows:
Sec. 1260.144 Procurement procedures.
* * * * *
[[Page 19785]]
(d) Contracts shall be made only with responsible contractors who
possess the potential ability to perform successfully under the terms
and conditions of the proposed procurement. Consideration shall be
given to such matters as contractor integrity, record of past
performance, financial and technical resources or accessibility to
other necessary resources. In certain circumstances, contracts with
certain parties are restricted by 2 CFR part 180, the implementation of
Executive Orders 12549 and 12689, ``Debarment and Suspension.''
* * * * *
0
7. Amend Sec. 1260.162 by revising paragraph (d) to read as follows:
Sec. 1260.162 Enforcement.
* * * * *
(d) Relationship to debarment and suspension. The enforcement
remedies identified in this section, including suspension and
termination, do not preclude a recipient from being subject to
debarment and suspension under Executive Orders 12549 and 12689 and 2
CFR part 180 (see Sec. 1260.113).
PART 1265--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
0
8. The authority citation for 14 CFR part 1265 continues to read as
follows:
Authority: Sec. 2455, Pub. L. 103-355, 108 Stat. 3327; E.O.
12549, 3 CFR, 1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989 Comp., p.
235; 42 U.S.C. 2473(c)(1).
PART 1265--[REMOVED]
0
9. Remove Part 1265.
PART 1274--COOPERATIVE AGREEMENTS WITH COMMERCIAL FIRMS
0
10. The authority citation for 14 CFR part 1274 continues to read as
follows:
Authority: 31 U.S.C. 6301 to 6308; 42 U.S.C. 2451, et seq.
0
11. Amend Sec. 1274.211 by revising paragraph (d)(2) to read as
follows:
Sec. 1274.211 Award procedures.
* * * * *
(d) * * *
(2) Each new proposal shall include a certification for debarment
and suspension under the requirements of 2 CFR 180.510 and 1260.117.
* * * * *
0
12. Amend Sec. 1274.505 by revising paragraph (d) to read as follows:
Sec. 1274.505 Procurement procedures.
* * * * *
(d) Contracts shall be made only with responsible contractors who
possess the potential ability to perform successfully under the terms
and conditions of the proposed procurement. Consideration shall be
given to such matters as contractor integrity, record of past
performance, financial and technical resources or accessibility to
other necessary resources. In certain circumstances, contracts with
certain parties are restricted by 2 CFR part 180, the implementation of
Executive Orders 12549 and 12689, ``Debarment and Suspension.''
* * * * *
0
13. Revise Sec. 1274.927 to read as follows:
Sec. 1274.927 Debarment and Suspension and Drug-Free Workplace.
Debarment and Suspension and Drug-Free Workplace (APR 2007)
NASA cooperative agreements are subject to the provisions of 2 CFR
part 180, Government-wide Debarment and Suspension (Nonprocurement) and
14 CFR part 1267, Government-wide requirements for Drug-Free Workplace,
unless excepted by 2 CFR 180.110 or 180.610.
[End of Provision]
[FR Doc. 07-1949 Filed 4-19-07; 8:45 am]
BILLING CODE 7510-01-P
