NASA Implementation of Federal Acquisition Regulation (FAR) Award Fee Language Revision, 46206-46207 [2011-19105]

Download as PDF 46206 Federal Register / Vol. 76, No. 148 / Tuesday, August 2, 2011 / Rules and Regulations From To Typho, HI FIX ................................................................................ * 3900–MCA Robyn, HI FIX, SE BND ** 1300–MOCA Robyn, HI FIX ............................................................................... * Robyn, HI FIX ............................................................................ SE BND ....................................................................................... NW BND ...................................................................................... Kona, HI VORTEC ....................................................................... From MEA To § 95.7045 MEA MAA § 95.7001 Jet Routes Jet Route J45 Is Amended To Read in Part # Alma, GA VORTAC ........................................................ # Alma R–320 Unusable use Macon R–139 § 95.7149 ** 3000 ** 8000 5000 Macon, GA VORTAC ....................................................... 18000 45000 Jet Route J149 Is Amended To Read in Part #Armel, VA VORTAC ........................................................ * 18000—GNSS MEA # Armel R–281 Unusable BYD 119 NM. NA Except for Aircraft Equipped With Suitable RNAV System With GPS. * GNSS Required. Eytee, WV FIX .................................................................. * 18000—GNSS MEA * GNSS Required Eytee, WV FIX ................................................................. * 31000 41000 Geffs, WV FIX .................................................................. * 31000 41000 From To Changeover points Distance § 95.8003 From VOR Federal Airway Changeover Points Airway Segment V119 Is Amended To Add Changeover Point Newcombe, KY VORTAC ................................................. Henderson, WV VORTAC ................................................ 32 Newcombe 26 Tift Myers V578 Is Amended To Delete Changeover Point Tift Myers, GA VOR .......................................................... Alma, GA VORTAC .......................................................... [FR Doc. 2011–19504 Filed 8–1–11; 8:45 am] A. Background BILLING CODE 4910–13–P An interim rule was published on February 8, 2011 (76 FR 6696) implementing Federal Acquisition Circular (FAC) 2005–46 which significantly revised FAR Parts 16.305, 16.401, and 16.405–2 by incorporating new requirements relative to the use of award fee incentives. Specifically, the FAR rule implemented section 814 of the John Warner 2007 National Defense Authorization Act (NDAA) and section 867 of the Duncan Hunter 2009 NDAA and which required agencies to: (1) Link award fees to acquisition objectives in the areas of cost, schedule, and technical performance; (2) Clarify that the base fee may be included in a cost plus award fee type contract at the discretion of the contracting officer; (3) Prescribe narrative ratings when making a percentage of award fee available; (4) Prohibit the issuance of award fees for a rating period if the contractor’s performance is judged to be below satisfactory; (5) Conduct an analysis and consider the results of the analysis when determining whether to use an award fee type contract or not; NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 1816 RIN 2700–AD69 NASA Implementation of Federal Acquisition Regulation (FAR) Award Fee Language Revision National Aeronautics and Space Administration. ACTION: Final rule. AGENCY: NASA has adopted, without change, an interim final rule amending the NASA FAR Supplement (NFS) to implement the FAR Award Fee revision issued in Federal Acquisition Circular (FAC) 2005–46. DATES: Effective Date: August 2, 2011. FOR FURTHER INFORMATION CONTACT: Bill Roets, NASA, Office of Procurement, Contract Management Division (Suite 5G86); (202) 358–4483; e-mail: william.roets-1@nasa.gov. SUPPLEMENTARY INFORMATION: jlentini on DSK4TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:12 Aug 01, 2011 Jkt 223000 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 (6) Include specific content in the award fee plans; and (7) Prohibit the rolling over of unearned award fees to subsequent rating periods. NASA received no comments on the interim rule and has adopted the interim rule as a final rule without change. B. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule is not a major rule under 5 U.S.C. 804. C. 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, at 5 U.S.C. 601, et seq., E:\FR\FM\02AUR1.SGM 02AUR1 Federal Register / Vol. 76, No. 148 / Tuesday, August 2, 2011 / Rules and Regulations because it merely implements the FAR Award Fee revisions and does not impose an economic impact beyond that addressed in the FAC 2005–46 publication of the FAR final rule. D. Paperwork Reduction Act This final rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. in accordance with the Paperwork Reduction Act. List of Subjects in 48 CFR Part 1816 Government procurement. William P. McNally, Assistant Administrator for Procurement. PART 1816—TYPES OF CONTRACTS Accordingly, the interim rule amending 48 CFR part 1816 which was published at 76 FR 6696 on February 8, 2011, is adopted as a final rule without change. [FR Doc. 2011–19105 Filed 8–1–11; 8:45 am] BILLING CODE 7510–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 101126522–0640–02] RIN 0648–XA612 FOR FURTHER INFORMATION CONTACT: Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch for Catcher Vessels Participating in the Rockfish Entry Level Trawl Fishery in the Central Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure. AGENCY: NMFS is opening directed fishing for Pacific ocean perch by trawl catcher vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the Gulf of Alaska (GOA) for 48 hours. This action is necessary to fully use the 2011 directed fishing allowance of Pacific ocean perch for trawl catcher vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 29, 2011, through 1200 hrs, A.l.t., July 31, 2011. Comments jlentini on DSK4TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:12 Aug 01, 2011 must be received at the following address no later than 4:30 p.m., A.l.t., August 12, 2011. ADDRESSES: Send comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, identified by 0648–XA612, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal Web site at https://www.regulations.gov. • Mail: P.O. Box 21668, Juneau, AK 99802. • Fax: (907) 586–7557. • Hand delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK. All comments received are a part of the public record and will generally be posted to https://www.regulations.gov without change. All Personal Identifying Information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter N/A in the required fields, if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe portable document file (pdf) formats only. Jkt 223000 Steve Whitney, 907–586–7269. NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. NMFS closed directed fishing for Pacific ocean perch by trawl catcher vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the GOA under § 679.20(d)(1)(iii) on July 9, 2011 (publication in the Federal Register pending). NMFS has determined that approximately 120 metric tons of Pacific ocean perch remain in the directed fishing allowance. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize the 2011 directed fishing for SUPPLEMENTARY INFORMATION: PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 46207 Pacific ocean perch by trawl catcher vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the GOA, NMFS is terminating the previous closure and is reopening directed fishing for Pacific ocean perch by trawl catcher vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the GOA. This will enhance the socioeconomic well-being of harvesters dependent upon Pacific ocean perch in this area. The Administrator, Alaska Region (Regional Administrator) considered the following factors in reaching this decision: (1) The current catch of Pacific ocean perch by trawl catcher vessels participating in the rockfish entry level fishery and, (2) the harvest capacity and stated intent on future harvesting patterns of vessels participating in this fishery. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance will be reached after 48 hours. Consequently, NMFS is prohibiting directed fishing for Pacific ocean perch by trawl catcher vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the GOA effective 1200 hrs, A.l.t., July 31, 2011. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the opening of Pacific ocean perch by trawl catcher vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent and relevant data only became available as of July 27, 2011. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. Without this inseason adjustment, NMFS could not allow the fishery for Pacific ocean perch by trawl catcher vessels participating in the rockfish E:\FR\FM\02AUR1.SGM 02AUR1

Agencies

National Aeronautics and Space Administration

[Federal Register Volume 76, Number 148 (Tuesday, August 2, 2011)]
[Rules and Regulations]
[Pages 46206-46207]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19105]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1816

RIN 2700-AD69


NASA Implementation of Federal Acquisition Regulation (FAR) Award 
Fee Language Revision

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

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SUMMARY: NASA has adopted, without change, an interim final rule 
amending the NASA FAR Supplement (NFS) to implement the FAR Award Fee 
revision issued in Federal Acquisition Circular (FAC) 2005-46.

DATES: Effective Date: August 2, 2011.

FOR FURTHER INFORMATION CONTACT: Bill Roets, NASA, Office of 
Procurement, Contract Management Division (Suite 5G86); (202) 358-4483; 
e-mail: william.roets-1@nasa.gov.

SUPPLEMENTARY INFORMATION: 

A. Background

    An interim rule was published on February 8, 2011 (76 FR 6696) 
implementing Federal Acquisition Circular (FAC) 2005-46 which 
significantly revised FAR Parts 16.305, 16.401, and 16.405-2 by 
incorporating new requirements relative to the use of award fee 
incentives. Specifically, the FAR rule implemented section 814 of the 
John Warner 2007 National Defense Authorization Act (NDAA) and section 
867 of the Duncan Hunter 2009 NDAA and which required agencies to:
    (1) Link award fees to acquisition objectives in the areas of cost, 
schedule, and technical performance;
    (2) Clarify that the base fee may be included in a cost plus award 
fee type contract at the discretion of the contracting officer;
    (3) Prescribe narrative ratings when making a percentage of award 
fee available;
    (4) Prohibit the issuance of award fees for a rating period if the 
contractor's performance is judged to be below satisfactory;
    (5) Conduct an analysis and consider the results of the analysis 
when determining whether to use an award fee type contract or not;
    (6) Include specific content in the award fee plans; and
    (7) Prohibit the rolling over of unearned award fees to subsequent 
rating periods.

NASA received no comments on the interim rule and has adopted the 
interim rule as a final rule without change.

B. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This rule is not a major rule under 5 U.S.C. 804.

C. 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, at 5 U.S.C. 601, et seq.,

[[Page 46207]]

because it merely implements the FAR Award Fee revisions and does not 
impose an economic impact beyond that addressed in the FAC 2005-46 
publication of the FAR final rule.

D. Paperwork Reduction Act

    This final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under 44 U.S.C. 3501, et seq. in accordance with the Paperwork 
Reduction Act.

List of Subjects in 48 CFR Part 1816

    Government procurement.

William P. McNally,
Assistant Administrator for Procurement.

PART 1816--TYPES OF CONTRACTS

    Accordingly, the interim rule amending 48 CFR part 1816 which was 
published at 76 FR 6696 on February 8, 2011, is adopted as a final rule 
without change.

[FR Doc. 2011-19105 Filed 8-1-11; 8:45 am]
BILLING CODE 7510-01-P

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