Denied Access to NASA Facilities, 27278-27279 [2015-10944]

Agencies

• National Aeronautics and Space Administration

[Federal Register Volume 80, Number 92 (Wednesday, May 13, 2015)]
[Proposed Rules]
[Pages 27278-27279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10944]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1842 and 1852

RIN 2700-AE14


Denied Access to NASA Facilities

AGENCY: National Aeronautics and Space Administration.

ACTION: Proposed rule.

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SUMMARY: The National Aeronautics and Space Administration (NASA) is 
proposing to amend the NASA FAR Supplement (NFS) to delete the 
observance of legal holidays clause with its alternates and replace it 
with a new clause that prescribes conditions and procedures pertaining 
to the closure of NASA facilities.

DATES: Interested parties should submit comments to NASA at the address 
below on or before July 13, 2015 to be considered in formulation of the 
final rule.

ADDRESSES: Interested parties may submit comments, identified by RIN 
number 2700-AE14 via the Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. 
Comments may also be submitted to Andrew O'Rourke (Room 5L32), NASA 
Headquarters, Office of Procurement, Contract and Grant Policy 
Division, Washington, DC 20546. Comments may also be submitted to 
Andrew O'Rourke via email at andrew.orourke@NASA.gov.

FOR FURTHER INFORMATION CONTACT: Andrew O'Rourke, NASA Office of 
Procurement, Contract and Grant Policy Division, 202-358-4560, email: 
andrew.orourke@nasa.gov.

SUPPLEMENTARY INFORMATION: 

A. Background

    NASA FAR Supplement (NFS) clause 1852.242-72, Observance of Legal 
Holidays, is included in Agency contracts where contractor performance 
is to be performed on a NASA facility. It was intended to identify 
dates that Government employees would not be available and provide 
notification to contractors of those dates considering that the absence 
of Government employees might impact contractor performance or 
contractor access to NASA facilities. Further, the same clause has two 
alternates, the first addresses contractors who are denied access to 
NASA workspaces within a NASA facility and the second addresses other 
instances, such as weather and safety emergencies, which could result 
in contractors being denied access to the entire NASA facility. Recent 
events, especially the Government shut-down during October 2013, have 
revealed a need for NASA to be more specific and to differentiate 
between these two conditions when contractor employees may be denied 
access to NASA workspaces or the entire NASA facility. The fact that 
Government employees may not be at a NASA facility is not an automatic 
reason for contractor personnel not to be required to be present at 
their required NASA workspace on a NASA facility. Unless a contractor 
is denied access to the NASA facility, contractors are expected to 
perform in accordance with their contractual requirements. This 
proposed NFS change provides clarity and information beneficial to NASA 
contractors that are denied access to a NASA facility when a NASA 
facility is closed to all personnel. Specifically, the change would 
delete the prescription at NFS 1842.7001, Observance of Legal Holidays, 
in its entirety, and clause 1852.242-72, Observance of Legal Holidays, 
with alternates, and replace it with the prescription at NFS 1842.7001 
Denied Access to NASA Facilities and clause 1852.242-72, Denied Access 
to NASA Facilities. The clause would be included in solicitations and 
contracts where contractor personnel would be required to work onsite 
at a NASA facility.

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 proposed 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 does not expect this proposed rule to 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. This 
proposed rule attempts to provide clarity and information beneficial to 
NASA contractors that are denied access to a NASA facility when a NASA 
facility is closed. This proposed rule imposes no new reporting 
requirements. This proposed rule does not duplicate, overlap, or 
conflict with any other Federal rules. No alternatives were identified 
that would meet the objectives of this proposed rule. NASA invites 
comments from small business concerns and other interested parties on 
the expected impact of this proposed rule on small entities. NASA will 
also consider comments from small entities concerning the existing 
regulations in subparts affected by this proposed rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 610 (RIN number 2700-AE14) in 
correspondence.

D. Paperwork Reduction Act

    The proposed rule contains no information collection requirements 
that require the approval of the Office of

[[Page 27279]]

Management and Budget under the Paperwork Reduction Act (44 U.S.C. 
Chapter 35).

List of Subjects in 48 CFR 1842 and 1852

    Government procurement.

Cynthia D. Boots,
Alternate Federal Register Liaison.

    Accordingly, 48 CFR parts 1842 and 1852 are proposed to be amended 
as follows:

PART 1842--CONTRACT ADMINISTRATION AND AUDIT SERVICES

0
1. The authority citation for part 1842 continues to read as follows:

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

Subpart 1842.70 [Revised]

0
2. Subpart 1842.70 is revised to read as follows:

Subpart 1842.70--Additional NASA Contract Clauses


1842.7001   Denied Access to NASA Facilities.

    (a) The contracting officer shall insert the clause at 1852.242-72, 
Denied Access to NASA Facilities, in solicitations and contracts where 
contractor personnel will be working onsite at a NASA facility such as: 
NASA Headquarters and NASA Centers, including Component Facilities and 
Technical and Service Support Centers. For a list of NASA facilities 
see NPD 1000.3 ``The NASA Organization''. The contracting officer shall 
not insert the clause where contractor personnel will be working onsite 
at the Jet Propulsion Laboratory including the Deep Space Network 
Communication Facilities (Goldstone, CA; Canberra, Australia; and 
Madrid, Spain).

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. The authority citation for part 1852 continues to read as follows:

    Authority:  51 U.S.C. 20113(a) and 48 CFR chapter 1.


1852.242-72  [Revised]

0
4. Section 1852.242-72 is revised to read as follows:


1852.242-72   Denied Access to NASA Facilities.

    As prescribed in 1842.7001(a), insert the following clause:

Denied Access to NASA Facilities

(XX/XXXX)

    (a)(1) The performance of this contract requires contractor 
employees of the prime contractor or any subcontractor, affiliate, 
partner, joint venture, or team member with which the contractor is 
associated, including consultants engaged by any of these entities, to 
have access to, physical entry into, and to the extent authorized, 
mobility within, a NASA facility.
    (2) NASA may close and or deny contractor access to a NASA facility 
for a portion of a business day or longer due to any one of the 
following events--
    (i) Federal public holidays for federal employees in accordance 
with 5 U.S.C. 6103;
    (ii) Fires, floods, earthquakes, unusually severe weather to 
include snow storms, tornadoes and hurricanes;
    (iii) Occupational safety or health hazards;
    (iv) Non-appropriation of funds by Congress; or
    (v) Any other reason.
    (3) In such events, the contractor employees may be denied access 
to a NASA facility, in part or in whole, to perform work required by 
the contract. Contractor personnel already present at a NASA facility 
during such events may be required to leave the facility.
    (b) In all instances where contractor employees are denied access 
or required to vacate a NASA facility, in part or in whole, the 
contractor shall be responsible to ensure contractor personnel working 
under the contract comply. If the circumstances permit, the contracting 
officer will provide direction to the contractor, which could include 
continuing on-site performance during the NASA facility closure period. 
In the absence of such direction, the contractor shall exercise sound 
judgment to minimize unnecessary contract costs and performance impacts 
by, for example, performing required work off-site if possible or 
reassigning personnel to other activities if appropriate.
    (c) The contractor shall be responsible for monitoring the local 
radio, television stations, NASA Web sites, other communications 
channels, for example contracting officer notification, that the NASA 
facility is accessible. Once accessible the contractor shall resume 
contract performance as required by the contract.
    (d) For the period that NASA facilities were not accessible to 
contractor employees, the contracting officer may--
    (1) Adjust the contract performance or delivery schedule for a 
period equivalent to the period the NASA facility was not accessible;
    (2) Forego the work;
    (3) Reschedule the work by mutual agreement of the parties; or
    (4) Consider properly documented requests for equitable adjustment, 
claim, or any other remedy pursuant to the terms and conditions of the 
contract.
    (e) Notification procedures of a NASA facility closure, including 
contractor denial of access, as follows--
    (1) The contractor shall be responsible for monitoring the local 
radio, television stations, NASA Web sites, and other communications 
channels (for example, contracting officer notification) for 
announcement of a NASA facility closure to include denial of access to 
the NASA facility. The contractor shall be responsible for notification 
of its employees of the NASA facility closure to include denial of 
access to the NASA facility. The dismissal of NASA employees in 
accordance with statute and regulations providing for such dismissals 
shall not, in itself, equate to a NASA facility closure in which 
contractor employees are denied access. Moreover, the leave status of 
NASA employees shall not be conveyed or imputed to contractor 
personnel. Accordingly, unless a NASA facility is closed and the 
contractor is denied access to the facility, the contractor shall 
continue performance in accordance with the contract.
    (2) NASA's Emergency Notification System (ENS). ENS is a NASA-wide 
Emergency Notification and Accountability System that provides NASA the 
ability to send messages, both Agency-related and/or Center-related, in 
the event of an emergency or emerging situation at a NASA facility. 
Notification is provided via multiple communication devices, e.g. 
Email, text, cellular, home/office numbers. The ENS provides the 
capability to respond to notifications and provide the safety status. 
Contractor employees may register for these notifications at the ENS 
Web site: https://www.hq.nasa.gov/office/ops/nasaonly/ENSinformation.html.

(End of clause)

[FR Doc. 2015-10944 Filed 5-12-15; 8:45 am]
 BILLING CODE 7510-13-P