NASA FAR Supplement Regulatory Review No. 1, 23199-23203 [2013-06441]

Agencies

• National Aeronautics and Space Administration

[Federal Register Volume 78, Number 75 (Thursday, April 18, 2013)]
[Proposed Rules]
[Pages 23199-23203]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06441]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1834, 1841, 1846, 1851 and 1852

RIN 2700-AE01


NASA FAR Supplement Regulatory Review No. 1

AGENCY: National Aeronautics and Space Administration.

ACTION: Proposed rule.

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SUMMARY: NASA is updating the NASA FAR Supplement (NFS) with the goal 
of eliminating unnecessary regulation, streamlining overly burdensome 
regulation, clarifying language, and simplifying processes where 
possible. This proposed rule is the first in a series and includes 
updates and revisions to five NFS parts. On January 18, 2011, President 
Obama signed Executive Order 13563, Improving Regulations and 
Regulatory Review, directing agencies to develop a plan for a 
retrospective analysis of existing regulations. The revisions to this 
rule are part of NASA's retrospective plan under EO 13563 completed in 
August 2011.

DATES: Interested parties should submit comments to NASA at the address 
below on or before June 17, 2013 to be considered in formulation of the 
final rule.

ADDRESSES: Interested parties may submit comments, identified by RIN 
number 2700-AE01 via the Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. 
Comments may also be submitted to Leigh Pomponio via email at 
leigh.pomponio@NASA.gov. NASA's full plan can be accessed at: https://www.nasa.gov/pdf/581545main_Final%20Plan%20for%20Retrospective%20Analysis%20of%20Existing%20Regulations.pdf.

FOR FURTHER INFORMATION CONTACT: Leigh Pomponio, NASA, Office of 
Procurement, email: leigh.pomponio@NASA.gov.

SUPPLEMENTARY INFORMATION:

A. Background

    The NASA FAR Supplement (NFS) is codified at 48 CFR 1800. 
Periodically, NASA performs a comprehensive review and analysis of the 
regulation, makes updates and corrections, and reissues the NASA FAR 
Supplement. The last reissue was in 2004. The goal of the review and 
analysis is to reduce regulatory burden where justified and appropriate 
and make the NFS content and processes more efficient and effective, 
faster and simpler, in support of NASA's mission. Consistent with 
Executive Order 13563, Improving Regulations and Regulatory Review, 
NASA is currently reviewing and revising the NFS with an emphasis on 
streamlining and reducing burden. Due to the volume of the regulation, 
the revisions to the regulation will be made in increments. This 
proposed rule is the first of three expected rules which together will 
constitute the NFS update and reissue. This rule includes revisions to 
parts 1834, 1841, 1846, 1851, and 1852 of the NFS. Further, this rule 
provides notice that no regulatory changes will be made to parts 1814, 
1815 (exclusive of subpart 1815.4), 1818, 1822, 1824, and 1843.
    NASA analyzed the existing regulation to determine whether any 
portions should be modified, streamlined, expanded, or repealed. 
Special emphasis was placed on identifying and eliminating or 
simplifying overly burdensome processes that could be streamlined 
without jeopardizing Agency mission effectiveness. Additionally, NASA 
sought to identify current regulatory coverage that is not regulatory 
in nature, and to remove or relocate such coverage to internal 
guidance. In addition to substantive changes, this rule includes 
administrative changes necessary to make minor corrections and updates. 
Specifically, the changes in this rule are summarized as follows:
    Part 1815: No regulatory changes to Part 15 but note that two 
corresponding clauses are revised. The pre-proposal clause at 1852.215-
77 is revised to add additional information on security information 
required for attendance at conferences at NASA field locations. The 
clause entitled Proposal Page Limitations at 1852.215-81 is revised to 
clarify the maximum acceptable proposal page counts.
    Part 1834:
    1. Administrative changes are made to policy on Earned Value 
Management System which correct nomenclature and Web site references.
    2. In Notice of Earned Value Management System provision at 
1852.234-1, a requirement is added for offerors to provide a matrix 
that correlates each guideline in ANSI/EIA 748 (current version at time 
of solicitation) to the corresponding process in the offeror's written 
management procedures; the rule also updates Web site and references in 
the provision.
    3. In Earned Value Management System clause at 1852.234-2, 
administrative changes are made to correct nomenclature and add a Web 
site reference.
    Part 1841: Subpart 1841.5--Solicitation Provision and Contract 
Clauses, is deleted in its entirety. Clause text at 1852.241-70, 
Renewal of Contract, is removed. The prescription and clause are 
removed because the clause at FAR 52.217-9 is sufficient to provide for 
a contract extension or renewal. A NASA-unique clause to address 
extension and renewal in a utility contract is not necessary.

[[Page 23200]]

    Part 1846:
    1. Subpart 1846.6--Material Inspection and Receiving Reports, is 
revised to align with DFAR Appendix F, facilitating comparison of NASA 
and DoD practices and procedures with regard to DD Form 250, especially 
for contractors doing business with both agencies. Administrative 
changes are also made to this subpart to clarify DD Form 250 
preparation instructions.
    2. The clause 1852.246-72, Material Inspection and Receiving 
Report, is revised slightly to clarify distribution requirements.
    Part 1851: Section 1851.102-70, Contractor acquisition of filing 
cabinets, is deleted because it is no longer relevant or necessary.
    Part 1852: Changes to clauses are discussed above according to 
corresponding NFS part.

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 ``significant regulatory action'' under section 3(f) 
of Executive Order 12866. This rule is not a major rule under 5 U.S.C. 
804.

C. Regulatory Flexibility Act

    NASA certifies that this proposed 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 
it mainly clarifies or updates existing regulations. In one instance, 
it adds new requirements to the Earned Value Management System Clause, 
but that clause is rarely applicable in contracts with small 
businesses. In several instances, this rule deletes requirements, but 
not to the extent that small entities would be significantly impacted.

D. Paperwork Reduction Act

    The proposed rule contains a new information collection requirement 
that requires the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. Chapter 35). The collection is 
at 1852.215-77(c), Pre-proposal/pre-bid conference, wherein attendees 
at pre-proposal or pre-bid conferences will be required to submit 
personal identity information. NASA invites public comments on the 
following aspects of the proposed rule: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of NASA, including whether the information will have 
practical utility; (b) the accuracy of the estimate of the burden of 
the proposed information collection; (c) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (d) ways 
to minimize the burden of the information collection on respondents, 
including the use of automated collection techniques or other forms of 
information technology. The following is a summary of the information 
collection requirement.
    Title: Security Checks for Attendance at Pre-proposal Conferences. 
NASA FAR Supplement 1852.215-77, Pre-proposal/Pre-bid Conference
    Type of Request: New collection.
    Number of Respondents: 30.
    Responses per Respondent: 12.
    Annual Responses: 360.
    Average Burden per Response: 0.25 hours.
    Annual Burden Hours: 90.
    Needs and Uses: This information collection requires contractors to 
supply personal identity information for attendees at pre-proposal 
conferences that are held at NASA facilities. The information includes, 
but is not limited to name, social security number, place of birth, and 
citizenship. NASA will utilize the information to perform security 
checks for entrance to NASA facilities. Without the collection of this 
information, NASA will be unable to permit entrance to NASA facilities 
for attendance at pre-proposal conferences.
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Frequency: On occasion.
    Written comments and recommendations on the proposed information 
collection should be sent to NASA, Attn: Leigh Pomponio 
leigh.pomponio@NASA.gov. Comments can be received up to 60 days after 
the date of this notice.
    To request more information on this proposed information collection 
or to obtain a copy of the proposal and associated collection 
instruments, please write to NASA, Attn: Leigh Pomponio, 300 E Street 
SW., Washington, DC 20546-0001.

List of Subjects in 48 CFR 1834, 1841, 1846, 1851, and 1852.

    Government procurement.

William P. McNally,
Assistant Administrator for Procurement.

    Accordingly, 48 CFR parts 1834, 1841, 1846, 1851, and 1852 are 
proposed to be amended as follows:

PART 1834--MAJOR SYSTEM ACQUISITION

0
1. The authority citation continues to read as follows:

    Authority: 42 U.S.C. 2473(c)(1).


1834.201  [Amended]

0
2. Amend section 1834.201 to read as follows:
0
a. Amend paragraph (a) introductory text by removing the word 
``acquisitions'' in the first sentence and adding in its place the word 
``contracts''.
0
b. Amend paragraph (a)(3) by adding the phrase ``Earned Value 
Management'' before the acronym EVM and adding parentheses around EVM.
0
c. Amend the first sentence of paragraph (b), by removing the phrase 
``earned value management'' with ``EVM'' and adding the phrase ``a 
schedule management system'' with ``an Integrated Master Schedule 
(IMS)''.
0
d. Amend paragraph (d) by adding the phrase ``and the applicable NASA 
Center EVM Focal Point (https://evm.nasa.gov/council.html)'' between 
``office'' and ``in determining''.
0
e. Amend paragraph (e) by removing ``American National Standards 
Institute/Electronics Industries Alliance Standard'' and the 
parentheses around the existing acronym ANSI/EIA.
0
f. Add paragraph (f).
    The addition reads as follows:


1834.201  Policy.

* * * * *
    (f) As a minimum, and in accordance with NPD 7120.5, requirements 
initiators shall ensure that EVMS monthly reports are included as a 
deliverable in the acquisition package provided to the procurement 
office for implementation into contracts where EVMS applies. 
Additionally, the acquisition package shall include a Contract 
Performance Report (CPR), IMS and a Work Breakdown Structure (WBS) and 
the appropriate data requirements descriptions (DRDs) for 
implementation into the contract.


1834.203-70  [Amended]

0
3. Amend section 1834.203-70 by removing ``1834.201(a)(3)'' and adding 
in its place ``1834.201(c)'' in the first sentence.

[[Page 23201]]

PART 1841--ACQUISITION OF UTILITY SERVICES

0
4. The authority citation for this section continues to read as 
follows:

    Authority: 42 U.S.C. 2473(c)(1).

Subpart 1841.5 [Removed and Reserved].

0
5. Remove and reserve Subpart 1841.5.

PART 1846--QUALITY ASSURANCE

0
6. The authority citation continues to read as follows:

    Authority: U.S.C. 2473(c)(1).

0
7. Add Subpart 1846.1 to read as follows:

Subpart--1846.1 General


1846.101  Definitions.

    ``Counterfeit goods'' means an item that is an unauthorized copy or 
substitute that has been identified, marked, and/or altered by a source 
other than the item's legally authorized source and has been 
misrepresented to be an authorized item of the legally authorized 
source.
    ``Legally authorized source'' means the current design activity or 
the original manufacturer or a supplier authorized by the current 
design activity or the original manufacturer to produce an item.


1846.102  Policy.

    (f) See NPR 8735.2, Section 2.1, concerning quality assurance for 
critical acquisition items. Generally, the quality assurance 
requirements set forth in the NPR for critical acquisition items are 
not allowed under Part 12 procedures. See FAR 12.208.
0
8. Section 1846.670-1 is revised to read as follows:


1846.670-1  General.

    This subpart contains procedures and instructions for use of the DD 
Form 250, Material Inspection and Receiving Report (MIRR), (DD Form 250 
series equivalents, and commercial shipping/packing lists used to 
document Government contract quality assurance (CQA).
0
9. Section 1846.670-2 is revised to read as follows:


1846.670-2  Applicability.

    (a) This subpart applies to supplies or services acquired by or for 
NASA when the clause at 1852.246-72, Material Inspection and Receiving 
Report, is included in the contract.
0
10. Section 1846.670-3 is revised to read as follows:


1846.670-3  Use.

    (a) The DD Form 250 is a multipurpose report used for--
    (1) Providing evidence of CQA at origin or destination;
    (2) Providing evidence of acceptance at origin or destination;
    (3) Packing lists;
    (4) Receiving;
    (5) Shipping; and
    (6) Contractor invoice support.
    (b) Do not use MIRRs for shipments--
    (1) By subcontractors, unless the subcontractor is shipping 
directly to the Government; or,
    (2) Of contract inventory.
    (c) The contractor prepares the DD Form 250, except for entries 
that an authorized Government representative is required to complete. 
The contractor shall furnish sufficient copies of the completed form, 
as directed by the Government Representative.
0
11. Section 1846.670-5 is revised to read as follows:


1846.670-5  Forms.

    An electronic copy of the DD Form 250 may be downloaded from the 
General Services Administration's Forms Library at https://www.gsa.gov/portal/category/100000.
0
12. In 1846.672-1, paragraphs (a)(1), (b), and (c) are revised to read 
as follows:


1846.672-1  Preparation Instructions.

* * * * *
    (1) Dates shall include nine spaces consisting of the four digits 
of the year, the first three letters of the month, and two digits for 
the date (e.g., 2012SEP24).
* * * * *
    (b) Classified information. Do not include classified information 
on the MIRR. MIRRs must not be classified.
    (c) Block 1--PROCUREMENT INSTRUMENT IDENTIFICATION (CONTRACT 
NUMBER) Enter the ten-character, alpha-numeric procurement identifier 
of the contract.
* * * * *
    (h) Block 6--INVOICE.
    The contractor may enter the invoice number and actual or estimated 
date on all copies of the MIRR. When the date is estimated, enter an 
``E'' after the date. Do not correct MIRRs to reflect the actual date 
of invoice submission.
    * * *
    (j) Block 8--ACCEPTANCE POINT. Enter an ``S'' for origin or ``D'' 
for destination as specified in the contract as the point of 
acceptance.
    (k) Block 9--PRIME CONTRACTOR. Enter the Commercial and Government 
Entity (CAGE) code and address.
    * * *
    In section 1846.672, the first sentence of paragraph (r)(1)(i) is 
amended by removing the phrase ``Federal'' and adding its place the 
phrase ``national'' and removing the phrase ``(FSN)'' and adding in its 
place the phrase ``(NSN)''.
    j. In section 1846.672, paragraph (r)(3) is revised by replacing 
``Command'' with ``Agency''.
    k. In section 1846.672, paragraph (r)(4)(ii) is revised by 
replacing ``FSN'' with ``NSN''.
    l. In section 1846.672, paragraph (r)(4)(v) is revised by replacing 
``FSN'' with ``NSN''.
    m. In section 1846.672, paragraph (r)(4)(xi) is revised by 
replacing ``shall'' with ``will''.
* * * * *


1846.672-5  [Removed]

0
13. Section 1846.672-5 is removed.


1846.672-6 and 1846.672-7  [Redesignated as 1846.672-5 and 1846.672-6]

    Sections 1846.672-6 and 1846.672-7 are redesignated as 1846.672-5 
and 1846.672-6.
0
14. Section 1846.674 is revised to read as follows:


1846.674  Contract clause.

    The contracting officer shall insert the clause at 1852.246-72, 
Material Inspection and Receiving Report, in solicitations and 
contracts when there will be separate and distinct deliverables, even 
if the deliverables are not separately priced. The clause is not 
required for--
    (1) Contracts awarded using simplified acquisition procedures;
    (2) Negotiated subsistence contracts; or
    (3) Contracts for which the deliverable is a scientific or 
technical report. Insert number of copies and distribution instructions 
in paragraph (a).

PART 1851--USE OF GOVERNMENT SOURCES BY CONTRACTORS

0
15. The authority citation continues to read as follows:

    Authority: 42 U.S.C. 2473(c)(1).


1851.102-70  [Removed and Reserved]

0
16. Remove and reserve section 1851.102-70.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
17. The authority citation continues to read as follows:

    Authority: 42 U.S.C. 2473(c)(1).

0
18. Section 1852.215.77 is amended by adding paragraphs (c), (d), and 
(e) to read as follows:

[[Page 23202]]

1852.215-77  Preproposal/Pre-Bid Conference.

* * * * *

PRE-PROPOSAL/PRE-BID CONFERENCE [XX/XX]

* * * * *
    (c) Offerors, individuals, or interested parties who plan to attend 
the pre-proposal/pre-bid conference must provide the Contracting 
Officer in writing, at a minimum, full name of the attendee(s), 
identification of nationality (U.S. or specify other nation 
citizenship), Lawful Permanent Resident Numbers in the case of foreign 
nationals, affiliation and full office address/phone number. Center-
specific security requirements for this pre-proposal/pre-bid conference 
will be given to a company representative prior to the conference or 
will be identified in this solicitation as follows: (fill-in). Examples 
of specific identification information which may be required include 
state driver's license and social security number. Except for foreign 
nationals, the identification information must be provided at least 
(fill-in) working days in advance of the conference. This information 
shall be provided at least (fill-in) working days in advance of the 
conference for foreign nationals due to the longer badging and 
clearance processing time required. However, the Center reserves the 
right to determine foreign nationals may not be allowed on the 
Government site. The Government is not responsible for offerors' 
inability to obtain clearance within sufficient time to attend the 
conference. Due to space limitations, representation of any potential 
Offeror may not exceed (fill-in) company representatives/persons per 
Offeror. Any ``lobbying firm or lobbyist'' as defined in 2 U.S.C. 
1602(9) and (10), or any Offeror represented by a lobbyist under the 
Lobbying Disclosure Act of 1995 shall be specifically identified.
    (d) Visitors on NASA Centers are allowed to possess and use 
photographic equipment (including camera cell phones) and related 
materials EXCEPT IN CONTROLLED AREAS. Anyone desiring to use camera 
equipment during the conference should contact the Contracting Officer 
to determine if the site(s) to be visited is a controlled area.
    (e) The Government will respond to questions regarding this 
procurement provided such questions have been received at least five 
(5) working days prior to the conference. Other questions will be 
answered at the conference or in writing at a later time. All 
questions, together with the Government's response, will be transmitted 
to all solicitation recipients via the government-wide point of entry 
(GPE). In addition, conference materials distributed at the 
preproposal/pre-bid conference will be made available to all potential 
offerors via the GPE using the NAIS Electronic Posting System.


(End of provision)
0
19 Section 1852.215-81 is amended by:
0
a. Paragraph (a) is amended by removing the chart and replacing it to 
read;
0
b. Paragraph (b) is amended by adding a sentence at the end of the 
paragraph.
0
c. Paragraph (c) is revised.
    The revisions read as follows:


1852.215-81  Proposal Page Limitations.

    (a) * * *

------------------------------------------------------------------------
                                                          [Proposal
   Proposal  section (List each       Page limit       subsection (List
       volume or  section)          (Specify limit)    each  subsection
------------------------------------------------------------------------
                                   ................  (e.g. Offeror's
                                                      Subcontracting
                                                      Plan should not
                                                      exceed 20 pages)
------------------------------------------------------------------------

     (b) * * * Other limitations/instructions identified as follows: 
(fill-in, if there are other limitations/instructions).
    (c) Identify any exclusions to the page limits that are excluded 
from the page counts specified in paragraph (a) of this provision (e.g. 
title pages, table of contents) as follows: (fill-in). In addition, the 
Cost section of your proposal is not page limited. However, this 
section is to be strictly limited to cost and price information. 
Information that can be construed as belonging in one of the other 
sections of the proposal will be so construed and counted against that 
section's page limitation.


(End of provision)

0
20. Section 1852.234-1 is amended as follows:
0
a. Paragraph (a) is amended by adding the phrase ``(current version at 
time of solicitation).'' After the word ``Systems'' at the end of the 
paragraph.
0
b. Paragraph (b)(1)(iii) and paragraph (b)(1)(vii).
    The revisions read as follows:


1852.234-1  Notice of Earned Value Management System.

    (b) * * *
    (1) * * *
    (iii) Provide a matrix that correlates each guideline in ANSI/EIA 
748 (current version at time of solicitation) to the corresponding 
process in the offeror's written management procedures;
* * * * *
    (vii) If the value of the offeror's proposal, including options, is 
$50 million or more, provide a schedule of events leading up to formal 
validation and Government acceptance of the Contractor's EVMS. Guidance 
can be found in the Department of Defense Earned Value Management 
Implementation Guide (https://acc.dau.mil/CommunityBrowser.aspx?id=19557) as well as in the National Defense 
Industrial Association (NDIA) Earned Value Management Systems 
Acceptance Guide (https://www.ndia.org/divisions/divisions/procurement/pages/programsystemcommittee.aspx).
* * * * *
0
21. Section 1852.234-2 is amended as follows:
0
a. By revising paragraph (a)(2) ;
0
b. The first sentence in paragraph (b) is amended by removing the 
phrase ``cost/schedule control system'' and adding ``EVMS'' in its 
place;
0
c. Paragraph (c) is amended by adding the sentence ``See the NASA IBR 
Handbook (https://evm.nasa.gov/handbooks.html) for guidance.'' at the 
end of the paragraph:
    The revisions read as follows:


1852.234-2  Earned Value Management System.

    (a) * * *
    (2) Earned Value Management (EVM) procedures that provide for 
generation of timely, accurate, reliable, and traceable information for 
the Contract Performance Report (CPR) and the Integrated Master 
Schedule (IMS) required by the data requirements descriptions in the 
contract.
* * * * *


1852.241-70  [Removed and Reserved]

0
22. Remove and reserve section t 1852.241-70.
0
23. In Sec.  1852.246-72, Material Inspection and Receiving Report, 
paragraph (a) is revised to read as follows:


1852.246-72  Material Inspection and Receiving Report.

* * * * *
    (a) At the time of each delivery to the Government under this 
contract, the Contractor shall prepare and furnish a Material 
Inspection and Receiving Report (DD Form 250 series). The form(s) shall 
be prepared and distributed as follows:
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[[Page 23203]]

    (Insert number of copies and distribution instructions.)
* * * * *
[FR Doc. 2013-06441 Filed 4-17-13; 8:45 am]
BILLING CODE 7510-01-P