NASA FAR Supplement Regulatory Review No. 3, 36719-36723 [2015-15524]
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Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Rules and Regulations
and adding ‘‘https://www.ppirs.gov/pdf/
PPIRS-SR_UserMan.pdf’’ in its place;
and
■ ii. Removing ‘‘https://www.ppirs.gov/
ppirsfiles/reference.htm’’ and adding
‘‘https://www.ppirs.gov/pdf/PPIRS-SR_
DataEvaluationCriteria.pdf’’ in its place.
[FR Doc. 2015–15639 Filed 6–25–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 216 and 252
RIN 0750–AI04
Defense Federal Acquisition
Regulation Supplement: Allowability of
Legal Costs for Whistleblower
Proceedings (DFARS Case 2013–D022)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD has adopted as final,
without change, an interim rule that
amended the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement a section of the
National Defense Authorization Act for
Fiscal Year 2013 that addresses the
allowability of legal costs incurred by a
contractor related to whistleblower
proceedings.
SUMMARY:
DATES:
Effective June 26, 2015.
FOR FURTHER INFORMATION CONTACT:
Ms.
Amy Williams, telephone 571–372–
6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published an interim rule in the
Federal Register on September 30, 2013
(78 FR 59859). This interim rule revised
DFARS subparts 216.3 and added a new
clause at 252.216–7009 to implement
paragraphs (g) and (i) of section 827 of
the National Defense Authorization Act
for Fiscal Year 2013 (Pub. L. 112–239).
II. Discussion and Analysis
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No public comments were received in
response to the interim rule. The
interim rule is converted to a final rule
without change.
III. 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
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(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 is a significant
regulatory action and, therefore, was
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
DoD does not expect this final 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.,
because most contracts awarded to
small entities are awarded on a
competitive fixed-price basis, and do
not require application of the cost
principles contained in this rule.
However, a final regulatory flexibility
analysis has been performed and is
summarized as follows:
The reason for the action is to
implement section 827(g) of the
National Defense Authorization Act for
Fiscal Year (FY) 2013 (Pub. L. 113–239).
Section 827(g) expands the cost
principle at 10 U.S.C. 2324(k) to apply
the cost principle on allowability of
costs related to legal and other
proceedings to costs incurred by
contractors in proceedings commenced
by a contractor employee submitting a
complaint under 10 U.S.C. 2409
(whistleblowing), and include as
specifically unallowable, legal costs of a
proceeding that results in an order to
take corrective action under 10 U.S.C.
2409.
The objective of the rule is to enhance
whistleblower protections for contractor
employees. The legal basis for the rule
is 10 U.S.C. 2324(k).
There were no public comments in
response to the initial regulatory
flexibility analysis.
Most contracts awarded on a fixedprice competitive basis do not require
application of the cost principles. Most
contracts valued at or below the
simplified acquisition threshold are
awarded on a fixed-price competitive
basis. Requiring submission of certified
cost or pricing data for acquisitions that
do not exceed the simplified acquisition
threshold is prohibited (FAR 15.403–
4(a)(2)). According to Federal
Procurement Data System data for FY
2012, there were 48,115 new DoD
contract awards over the simplified
acquisition threshold in FY 2012. Of
those contracts, only 6,760 awards were
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36719
to small businesses on other than a
competitive fixed-price basis.
Estimating 3 awards per small business,
that could involve about 2,600 small
businesses. However, this rule would
only affect a contractor if a contractor
employee commenced a proceeding by
submitting a complaint under 10 U.S.C.
2409, and if that proceeding resulted in
any of the circumstances listed at FAR
31.205–47(b). DoD does not have data
on the percentage of contracts that
involve submission of a whistleblower
complaint and result in any of the
circumstances listed at FAR 31.205–
47(b).
There are no projected reporting,
recordkeeping, and other compliance
requirements of the rule.
DoD was unable to identify any
alternatives to the rule that would
reduce the impact on small entities and
still meet the requirements of the
statute.
V. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 216 and
252
Government procurement.
Accordingly, the interim rule
amending 48 CFR parts 216 and 252,
which was published at 78 FR 59859 on
September 30, 2013, is adopted as a
final rule without change.
■
Amy G. Williams,
Editor, Defense Acquisition Regulations
System.
[FR Doc. 2015–15665 Filed 6–25–15; 8:45 am]
BILLING CODE 5001–06–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1801, 1802, 1805, 1807,
1812, 1813, 1823, 1833, 1836, 1847,
1850 and 1852
RIN 2700–AE19
NASA FAR Supplement Regulatory
Review No. 3
National Aeronautics and
Space Administration.
ACTION: Final rule.
AGENCY:
NASA adopts a final rule
amending the NASA FAR Supplement
with the goal of eliminating unnecessary
regulation, streamlining burdensome
SUMMARY:
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regulation, clarifying language, and
simplifying processes where possible.
DATES: Effective: July 27, 2015.
FOR FURTHER INFORMATION CONTACT:
Manuel Quinones, NASA, Office of
Procurement, Contract and Grant Policy
Division, email: manuel.quinones@
nasa.gov or telephone (202) 358–2143.
SUPPLEMENTARY INFORMATION:
I. Background
NASA issued a proposed rule in the
Federal Register at 80 FR 18580 on
April 7, 2015, as part of a periodic,
comprehensive review and analysis, to
make updates and corrections, and
reissue the NASA FAR Supplement
(NFS). The last reissue of the NFS 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, effective, and easier to
comprehend, in support of NASA’s
mission. Consistent with Executive
Order (E.O.) 13563, Improving
Regulations and Regulatory Review,
NASA reviewed and revised the NFS
with an emphasis on streamlining it and
reducing associated regulatory burdens
to the public. Due to the volume of the
NFS, these revisions were being made in
increments. This rule is the third and
final increment and marks completion
of the 2015 version of the NFS.
II. 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
E.O. 12866. This rule is not a major rule
under 5 U.S.C. 804.
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III. 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 it mainly clarifies or updates
existing regulations. In several
instances, this rule deletes existing
requirements which eases the regulatory
burden on all entities, minimizing the
number of resources used to collect the
data and report it to the government.
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IV. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. chapter 35) does apply; however,
these changes to the NFS do not impose
additional information collection
requirements to the paperwork burden
previously approved under OMB
Control Number 2700–0089, titled
Reports Requested for Contracts with an
Estimated Value Greater Than $500,000.
List of Subjects in 48 CFR 1801, 1802,
1805, 1807, 1812, 1813, 1823, 1833,
1836, 1847, 1850 and 1852
Government procurement.
Cynthia Boots,
Alternate Federal Register Liaison.
Accordingly, 48 CFR parts 1801, 1802,
1805, 1807, 1812, 1813, 1823, 1833,
1836, 1847, 1850, and 1852 are
amended as follows:
PART 1801—FEDERAL ACQUISITION
REGULATIONS SYSTEM
1. The authority citation for part 1801
is revised to read as follows:
■
Director(s). For NASA Shared Services
Center (NSSC) contracts, the HCA is the
Executive Director of the NSSC in lieu
of the field Center Director(s).
*
*
*
*
*
PART 1805—PUBLICIZING CONTRACT
ACTIONS
5. The authority citation for part 1805
is revised to read as follows:
■
Authority: 51 U.S.C. 20113(a).
1805.303
[Amended]
6. Section 1805.303 is revised to read
as follows:
■
1805.303
awards.
Announcement of contract
(a)(i) In lieu of the threshold cited in
FAR 5.303(a), a NASA Headquarters
public announcement is required for
award of contract actions that have a
total anticipated value, including
unexercised options, of $5 million or
greater.
PART 1807—ACQUISITION PLANNING
Authority: 51 U.S.C. 20113(a).
1801.106
7. The authority citation for part 1807
is revised to read as follows:
■
[Amended]
2. Section 1801.106 is revised to read
as follows:
■
Authority: 51 U.S.C. 20113(a).
1801.106 OMB approval under the
Paperwork Reduction Act.
Subpart 1807.1 [Removed]
(1) NFS requirements. The following
OMB control numbers apply:
■
OMB control
No.
NFS segment
1823 ......................................
1827 ......................................
1843 ......................................
NF 533 ..................................
NF 1018 ................................
2700–0089
2700–0052
2700–0054
2700–0003
2700–0017
PART 1802—DEFINITIONS
3. The authority citation for part 1802
is revised to read as follows:
■
Authority: 51 U.S.C. 20113(a).
1802.101
[Amended]
4. In section 1802.101, the definition
for ‘‘Head of the contracting activity
(HCA)’’ is revised to read as follows:
■
1802.101
Definitions.
*
*
*
*
*
Head of the contracting activity (HCA)
means, for field installations, the
Director or other head, and for NASA
Headquarters, the Director for
Headquarters Operations. For Human
Exploration and Operations Mission
Directorate (HEOMD) contracts, the
HCA is the Associate Administrator for
HEOMD in lieu of the field Center
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8. Subpart 1807.1, consisting of
sections 1807.107 and 1807.107–70, is
removed.
1807.7200
[Amended]
9. In section 1807.7200, paragraph (b)
is revised to read as follows:
■
1807.7200
Policy.
*
*
*
*
*
(b) The annual forecast and
semiannual update are available on the
NASA Acquisition Internet Service
(https://www.hq.nasa.gov/office/
procurement/forecast/).
■ 10. In section 1807.7201, the
definition for ‘‘Contract opportunity’’ is
revised to read as follows:
1807.7201
Definitions.
*
*
*
*
*
Contract opportunity means planned
new contract awards exceeding the
simplified acquisition threshold (SAT).
PART 1812—ACQUISITION OF
COMMERCIAL ITEMS
11. The authority citation for part
1812 is revised to read as follows:
■
Authority: 51 U.S.C. 20113(a).
12. Section 1812.301 is revised to read
as follows:
■
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1812.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
PART 1813—SIMPLIFIED ACQUISITION
PROCEDURES
(f)(i) The following clauses are
authorized for use in acquisitions of
commercial items when required by the
clause prescription:
(A) 1852.204–75, Security
Classification Requirements.
(B) 1852.204–76, Security
Requirements for Unclassified
Information Technology Resources.
(C) 1852.215–84, Ombudsman.
(D) 1852.216–80, Task Order
Procedures (Alternate I).
(E) 1852.216–88, Performance
Incentive.
(F) 1852.219–73, Small Business
Subcontracting Plan.
(G) 1852.219–75, Small Business
Subcontracting Reporting.
(H) 1852.223–70, Safety and Health.
(I) 1852.223–71, Frequency
Authorization.
(J) 1852.223–72, Safety and Health
(Short Form).
(K) 1852.223–73, Safety and Health
Plan.
(L) 1852.223–75, Major Breach of
Safety and Security (Alternate I).
(M) 1852.225–70, Export Licenses.
(N) 1852.228–76, Cross-Waiver of
Liability for International Space Station
Activities.
(O) 1852.228–78, Cross-Waiver of
Liability for Science or Space
Exploration Activities Unrelated to the
International Space Station.
(P) 1852.237–70, Emergency
Evacuation Procedures.
(Q) 1852.237–72, Access to Sensitive
Information.
(R) 1852.237–73, Release of Sensitive
Information.
(S) 1852.246–72, Material Inspection
and Receiving Report.
(T) 1852.247.71, Protection of the
Florida Manatee.
■ 13. In section 1812.7000:
■ a. Paragraph (d) is removed;
■ b. Paragraphs (a), (b), and (c) are
redesignated as paragraph (b), (c) (d)
respectively; and
■ c. Paragraph (a) is added.
The addition reads as follows:
■
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1812.7000
Anchor tenancy contracts.
(a) The term ‘‘anchor tenancy’’ means
an arrangement in which the United
States Government agrees to procure
sufficient quantities of a commercial
space product or service needed to meet
Government mission requirements so
that a commercial venture is made
viable.
*
*
*
*
*
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14. The authority citation for part
1813 is revised to read as follows:
Authority: 51 U.S.C. 20113(a).
1813.000
■
[Removed]
15. Section 1813.000 is removed.
PART 1823—ENVIRONMENT, ENERGY,
AND WATER EFFICIENCY,
RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG-FREE
WORKPLACE
16. The authority citation for part
1823 is revised to read as follows:
■
Authority: 51 U.S.C. 20113(a).
17. In section 1823.7001:
a. Paragraph (c) is revised;
■ b. Paragraphs (d) and (e) are
redesignated as paragraphs (e), and (f)
respectively, and newly redesignated
paragraph (f) is revised; and
■ c. Paragraph (d) is added.
The revisions and additions read as
follows:
■
■
1823.7001 NASA solicitation provisions
and contract clauses.
*
*
*
*
*
(c) The contracting officer shall insert
the clause at 1852.223–73, Safety and
Health Plan, in solicitations above the
simplified acquisition threshold when
the work will be conducted completely
or partly on a Federally-controlled
facility and the safety and health plan
will be evaluated in source selection as
approved by the source selection
authority. This clause may be modified
to identify specific information that is to
be included in the plan. After receiving
the concurrence of the center safety and
occupational health official(s), the
contracting officer shall incorporate the
plan as an attachment into any resulting
contract. The contracting officer shall
insert the clause, with its Alternate I, in
Invitations for Bid.
(d)(1) The contracting officer shall
insert FAR clause at 52.236–13 with its
Alternate I in solicitations and contracts
when the work will be conducted
completely or partly on a Federallycontrolled facility and a Safety and
Health Plan will be reviewed after
award as a contract deliverable. The
contracting officer may modify the
wording in paragraph (f) of Alternate I
to specify:
(i) When the proposed plan is due and
(ii) Whether the contractor may
commence work prior to approval of the
plan; or
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36721
(iii) To what extent the contractor
may commence work before the plan is
approved.
(2) The requiring activity, in
consultation with the cognizant health
and safety official(s), will identify the
data deliverable requirements for the
safety and health plan. After receiving
the concurrence of the center safety and
occupational health official(s), the
contracting officer shall incorporate the
plan as an attachment into the contract.
*
*
*
*
*
(f) The contracting officer shall insert
the clause at 1852.223–72, Safety and
Health (Short Form) in solicitations and
contracts above the simplified
acquisition threshold when work will be
conducted completely or partly on
Federally-controlled facilities and that
do not contain the clause at 1852.223–
73 or the FAR clause at 52.236–13 with
its Alternate I.
PART 1833—PROTESTS, DISPUTES,
AND APPEALS
18. The authority citation for part
1833 is revised to read as follows:
■
Authority: 51 U.S.C. 20113(a).
1833.103
[Amended]
19. Section 1833.103 is revised to read
as follows:
■
1833.103
Protests to the agency.
(d)(4) The provision at 1852.233–70
provides for an alternative to a protest
to the United States Government
Accountability Office (GAO). This
alternative gives bidders or offerors the
ability to protest directly to the
contracting officer (CO) or to request an
independent review by the Assistant
Administrator for Procurement (or
designee). The Agency review shall be
deemed to be at the CO level when the
request is silent as to the level of review
desired. The Agency review shall be
deemed to be at the level of the
Assistant Administrator for
Procurement (or designee) when the
request specifies a level above the CO,
even if the request does not specifically
request an independent review by the
Assistant Administrator for
Procurement. Such reviews are separate
and distinct from the Ombudsman
Program described at 1815.7001.
(e) NASA shall summarily dismiss
and take no further action upon any
protest to the Agency if the substance of
the protest is pending in judicial
proceedings or the protester has filed a
protest on the same acquisition with the
GAO prior to receipt of an Agency
protest decision.
(4) When a bidder or offeror submits
an Agency protest to the CO or
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alternatively requests an independent
review by the Assistant Administrator
for Procurement, the decision of the CO
or the Assistant Administrator for
Procurement shall be final and is not
subject to any appeal or reconsideration
within NASA.
1833.106–70
[Amended]
20. In section 1833.106–70, remove
the words ‘‘Contracting officers’’ and
add in their place the words ‘‘The
contracting officer’’.
■
1833.215
[Amended]
21. In section 1833.215, remove the
word ‘‘agency’’ and add in its place the
word ‘‘Agency’’.
■
PART 1836—CONSTRUCTION AND
ARCHITECT-ENGINEER CONTRACTS
22. The authority citation for part
1836 is revised to read as follows:
■
Authority: 51 U.S.C. 20113(a).
23. Section 1836.513 is revised to read
as follows:
■
1836.513
Accident prevention.
For additional guidance on the use of
FAR clause 52.236–13, Accident
Prevention, and its Alternate I in NASA
contracts, see 1823.7001(d).
PART 1850—EXTRAORDINARY
CONTRACTUAL ACTIONS AND THE
SAFETY ACT
24. The authority citation for part
1850 is added to read as follows:
■
Authority: 51 U.S.C. 20113(a).
1850.103–570
[Amended]
25. In the introductory text of
paragraph (a) to section 1850.103–570,
remove the words ‘‘Associate General
Counsel for General Law’’ and add in
their place the words ‘‘Associate
General Counsel for Contracts and
Procurement Law’’.
■
1850.103–670
[Amended]
26. In paragraph (b) to section
1850.103–670, remove the words
‘‘Associate General Counsel for General
Law’’ and add in their place the words
‘‘Associate General Counsel for
Contracts and Procurement Law’’.
■
1850.104–2
[Added]
27. Section 1850.104–2 is added to
read as follows:
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■
1850.104–2
General
(a) Requests for the exercise of
residual powers shall be sent to the
Headquarters Office of Procurement,
Program Operations Division for review
and processing. The NASA
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Administrator is the approval authority
for the Memorandum of Decision.
■ 28. Section 1850.104–3 is revised to
read as follows:
1850.104–3 Special procedures for
unusually hazardous or nuclear risks.
(a) Indemnification requests. (1)
Contractor indemnification requests
must be submitted to the cognizant
contracting officer for the contract for
which the indemnification clause is
requested. The request shall be
submitted six (6) months in advance of
the desired effective date of the
requested indemnification in order to
allow sufficient time for the request to
be reviewed, analyzed, and approved by
the Agency. Contractors shall submit a
single request and shall ensure that
duplicate requests are not submitted by
associated divisions, subsidiaries, or
central offices of the contractor.
(ii) The contractor’s request for
indemnification must identify a
sufficient factual basis for
indemnification by explaining
specifically what work activities under
the contract create the unusually
hazardous or nuclear risk and
identifying the timeframes in which the
risk would be incurred.
(iii) The contractor shall also provide
evidence, such as a certificate of
insurance or other customary proof of
insurance, that such insurance is either
in force or is available and will be in
force during the indemnified period.
(b) Action on indemnification
requests. (1) If recommending approval,
the contracting officer shall forward the
required information to the NASA
Headquarters Office of Procurement,
Program Operations Division, along
with the following:
(i) For contracts of five years duration
or longer, a determination, with
supporting rationale, whether the
indemnification approval and insurance
coverage and premiums should be
reviewed for adequacy and continued
validity at points in time within the
extended contract period.
(ii) The specific definition of the
unusually hazardous risk to which the
contractor is exposed in the
performance of the contract(s),
including specificity about which
activities present such risk and the
anticipated timeframes in which the risk
will be incurred;
(iv) A complete discussion of the
contractor’s financial protection
program; and
(vi) The extent to, and conditions
under, which indemnification is being
approved for subcontracts.
(2) The NASA Administrator is the
approval authority for using the
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indemnification clause in a contract by
a Memorandum of Decision.
(4)(ii) If approving subcontractor
indemnification, the contracting officer
shall document the file with a
memorandum for record addressing the
items set forth in FAR 50.104–3(b) and
include an analysis of the
subcontractor’s financial protection
program. In performing this analysis,
the contracting officer shall take into
consideration the availability, cost,
terms and conditions of insurance in
relation to the unusually hazardous risk.
29. Section 1850.104–4 is added to
read as follows:
■
1850.104–4
Contract clause.
The contracting officer shall obtain
the NASA Administrator’s approval
prior to including clause 52.250–1 in a
contract.
1850.104–70
■
[Removed]
30. Section 1850.104–70 is removed.
PART 1852—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
31. The authority citation for part
1852 is revised to read as follows:
■
Authority: 51 U.S.C. 20113(a).
1852.223–72 and 1852.223–73
[Amended]
32. Sections 1852.223–72 and
1852.223–73 are revised to read as
follows:
■
1852.223–72
Form).
Safety and Health (Short
As prescribed in 1823.7001(f), insert
the following clause:
SAFETY AND HEALTH (SHORT FORM)
(JUL 2015)
(a) Safety is the freedom from those
conditions that can cause death, injury,
occupational illness; damage to or loss of
equipment or property, or damage to the
environment. NASA is committed to
protecting the safety and health of the public,
our team members, and those assets that the
Nation entrusts to the Agency.
(b) The Contractor shall have a
documented, comprehensive and effective
health and safety program with a proactive
process to identify, assess, and control
hazards and take all reasonable safety and
occupational health measures consistent with
standard industry practice in performing this
contract.
(c) The Contractor shall insert the
substance of this clause, including this
paragraph (c) in subcontracts that exceed the
simplified acquisition threshold where work
will be conducted completely or partly on
Federally-controlled facilities.
(End of clause)
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1852.223–73
(End of provision)
Safety and Health Plan.
As prescribed in 1823.7001(c), insert
the following clause:
SAFETY AND HEALTH PLAN
(JUL 2015)
(a) The offeror shall submit a detailed
safety and occupational health plan as part
of its proposal. The plan shall include a
detailed discussion of the policies,
procedures, and techniques that will be used
to ensure the safety and occupational health
of Contractor employees and to ensure the
safety of all working conditions throughout
the performance of the contract.
(b) The plan shall similarly address
subcontractor employee safety and
occupational health for those proposed
subcontracts or subcontract effort where the
work will be conducted completely or partly
on a Federally-controlled facility.
(d) This plan, as approved by the
Contracting Officer, will be incorporated into
any resulting contract.
(End of clause)
ALTERNATE I
(JUL 2015)
As prescribed in 1823.7001(c)(1), delete the
first sentence in paragraph (a) of the basic
provision and substitute the following:
The apparent low bidder, upon request by
the Contracting Officer, shall submit a
detailed safety and occupational health plan.
The plan shall be submitted within the time
specified by the Contracting Officer. Failure
to submit an acceptable plan shall make the
bidder ineligible for the award of a contract.
33. Section 1852.233–70 is revised to
read as follows:
■
1852.233–70
Protests to NASA.
wreier-aviles on DSK5TPTVN1PROD with RULES
As prescribed in 1833.106–70, insert
the following provision:
PROTESTS TO NASA
(JUL 2015)
(a) In lieu of a protest to the United States
Government Accountability Office (GAO),
bidders or offerors may submit a protest
under 48 CFR part 33 (FAR Part 33) directly
to the Contracting Officer for consideration
by the Agency. Alternatively, bidders or
offerors may request an independent review
by the Assistant Administrator for
Procurement, who will serve as or designate
the official responsible for conducting an
independent review. Such reviews are
separate and distinct from the Ombudsman
Program described at 1815.7001.
(b) Bidders or offerors shall specify
whether they are submitting a protest to the
Contracting Officer or requesting an
independent review by the Assistant
Administrator for Procurement.
(c) Protests to the Contracting Officer shall
be submitted to the address or email
specified in the solicitation (email is an
acceptable means for submitting a protest to
the Contracting Officer). Alternatively,
requests for independent review by the
Assistant Administrator for Procurement
shall be addressed to the Assistant
Administrator for Procurement, NASA
Headquarters, Washington, DC 20456–0001.
VerDate Sep<11>2014
14:06 Jun 25, 2015
Jkt 235001
36723
DEPARTMENT OF COMMERCE
34. Section 1852.247–71 is revised to
read as follows:
National Oceanic and Atmospheric
Administration
1852.247–71
Manatee.
50 CFR Part 648
■
Protection of the Florida
As prescribed in 1847.7001, insert the
following clause:
[Docket No. 150105004–5355–01]
PROTECTION OF THE FLORIDA MANATEE
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Trimester Total Allowable
Catch Area Closures for the Common
Pool Fishery and Trip and Possession
Limit Adjustment
(JUL 2015)
(a) Pursuant to the Endangered Species Act
of 1973 (Pub. L. 93–205), as amended, and
the Marine Mammals Protection Act of 1972
(Pub. L. 92–522), the Florida Manatee
(Trichechus Manatus) has been designated an
endangered species, and the Indian River
Lagoon system within and adjacent to
National Aeronautics and Space
Administration’s (NASA’s) Kennedy Space
Center (KSC) has been designated as a critical
habitat of the Florida Manatee. The KSC
Environmental Management Branch will
advise all personnel associated with the
project of the potential presence of manatees
in the work area, and the need to avoid
collisions and/or harassment of the manatees.
Contractors shall ensure that all employees,
subcontractors, and other individuals
associated with this contract and who are
involved in vessel operations, dockside work,
and selected disassembly functions are aware
of the civil and criminal penalties for
harming, harassing, or killing manatees.
(b) All contractor personnel shall be
responsible for complying with all applicable
Federal and/or state permits (e.g., Florida
Department of Environmental Protection, St.
Johns River Water Management District, Fish
& Wildlife Service) in performing waterrelated activities within the contract. Where
no Federal and/or state permits are required
for said contract, and the contract scope
requires activities within waters at KSC, the
Contractor shall obtain a KSC Manatee
Protection Permit from the Environmental
Management Branch. All conditions of
Federal, state, and/or KSC regulations and
permits for manatee protection shall be
binding to the contract. Notification and
coordination of all water related activities at
KSC will be done through the Environmental
Management Branch.
(c) The Contractor shall incorporate the
provisions of this clause in applicable
subcontracts.
(End of clause)
[FR Doc. 2015–15524 Filed 6–25–15; 8:45 am]
BILLING CODE 7510–13–P
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
RIN 0648–XE006
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; area closures
and trip and possession limit
adjustments.
AGENCY:
This action closes the Gulf of
Maine cod Trimester Total Allowable
Catch Area to all Northeast multispecies
common pool vessels; the American
plaice Trimester Total Allowable Catch
Area to Northeast multispecies common
pool trawl vessels; and the Cape Cod/
Gulf of Maine yellowtail flounder
Trimester Total Allowable Catch Area to
Northeast multispecies common pool
trawl and gillnet vessels, for the
remainder of Trimester 1, through
August 31, 2015. The closures are
required by regulation because the
common pool fishery has caught over 90
percent of its Trimester 1 quotas for Gulf
of Maine cod, American plaice, and
Cape Cod/Gulf of Maine yellowtail
flounder. These closures are intended to
prevent the overharvest of the common
pool’s allocation for these stocks.
Because the common pool catch of
American plaice and Cape Cod/Gulf of
Maine yellowtail flounder is not limited
to the respective stocks’ Trimester Total
Allowable Catch Area, this action also
reduces possession and trip limits for
the American plaice and Cape Cod/Gulf
of Maine yellowtail flounder stocks to
zero for all common pool vessels
through August 31, 2015, in order to
prevent the overharvest of the common
pool’s allocation of both stocks from
areas not closed by this action. The
possession and trip limit for GOM cod
was set to zero in a previous action.
DATES: This action is effective June 23,
2015, through August 31, 2015.
FOR FURTHER INFORMATION CONTACT: Liz
Sullivan, Fishery Management
Specialist, 978–282–8493.
SUPPLEMENTARY INFORMATION: Federal
regulations at § 648.82(n)(2)(ii) require
the Regional Administrator to close a
SUMMARY:
E:\FR\FM\26JNR1.SGM
26JNR1
]]>Agencies
[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Rules and Regulations]
[Pages 36719-36723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15524]
=======================================================================
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1801, 1802, 1805, 1807, 1812, 1813, 1823, 1833, 1836,
1847, 1850 and 1852
RIN 2700-AE19
NASA FAR Supplement Regulatory Review No. 3
AGENCY: National Aeronautics and Space Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NASA adopts a final rule amending the NASA FAR Supplement with
the goal of eliminating unnecessary regulation, streamlining burdensome
[[Page 36720]]
regulation, clarifying language, and simplifying processes where
possible.
DATES: Effective: July 27, 2015.
FOR FURTHER INFORMATION CONTACT: Manuel Quinones, NASA, Office of
Procurement, Contract and Grant Policy Division, email:
manuel.quinones@nasa.gov or telephone (202) 358-2143.
SUPPLEMENTARY INFORMATION:
I. Background
NASA issued a proposed rule in the Federal Register at 80 FR 18580
on April 7, 2015, as part of a periodic, comprehensive review and
analysis, to make updates and corrections, and reissue the NASA FAR
Supplement (NFS). The last reissue of the NFS 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,
effective, and easier to comprehend, in support of NASA's mission.
Consistent with Executive Order (E.O.) 13563, Improving Regulations and
Regulatory Review, NASA reviewed and revised the NFS with an emphasis
on streamlining it and reducing associated regulatory burdens to the
public. Due to the volume of the NFS, these revisions were being made
in increments. This rule is the third and final increment and marks
completion of the 2015 version of the NFS.
II. 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 E.O. 12866. This rule is not a major rule under 5 U.S.C. 804.
III. 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 it mainly clarifies or updates existing regulations. In several
instances, this rule deletes existing requirements which eases the
regulatory burden on all entities, minimizing the number of resources
used to collect the data and report it to the government.
IV. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply;
however, these changes to the NFS do not impose additional information
collection requirements to the paperwork burden previously approved
under OMB Control Number 2700-0089, titled Reports Requested for
Contracts with an Estimated Value Greater Than $500,000.
List of Subjects in 48 CFR 1801, 1802, 1805, 1807, 1812, 1813,
1823, 1833, 1836, 1847, 1850 and 1852
Government procurement.
Cynthia Boots,
Alternate Federal Register Liaison.
Accordingly, 48 CFR parts 1801, 1802, 1805, 1807, 1812, 1813, 1823,
1833, 1836, 1847, 1850, and 1852 are amended as follows:
PART 1801--FEDERAL ACQUISITION REGULATIONS SYSTEM
0
1. The authority citation for part 1801 is revised to read as follows:
Authority: 51 U.S.C. 20113(a).
1801.106 [Amended]
0
2. Section 1801.106 is revised to read as follows:
1801.106 OMB approval under the Paperwork Reduction Act.
(1) NFS requirements. The following OMB control numbers apply:
------------------------------------------------------------------------
OMB control
NFS segment No.
------------------------------------------------------------------------
1823.................................................... 2700-0089
1827.................................................... 2700-0052
1843.................................................... 2700-0054
NF 533.................................................. 2700-0003
NF 1018................................................. 2700-0017
------------------------------------------------------------------------
PART 1802--DEFINITIONS
0
3. The authority citation for part 1802 is revised to read as follows:
Authority: 51 U.S.C. 20113(a).
1802.101 [Amended]
0
4. In section 1802.101, the definition for ``Head of the contracting
activity (HCA)'' is revised to read as follows:
1802.101 Definitions.
* * * * *
Head of the contracting activity (HCA) means, for field
installations, the Director or other head, and for NASA Headquarters,
the Director for Headquarters Operations. For Human Exploration and
Operations Mission Directorate (HEOMD) contracts, the HCA is the
Associate Administrator for HEOMD in lieu of the field Center
Director(s). For NASA Shared Services Center (NSSC) contracts, the HCA
is the Executive Director of the NSSC in lieu of the field Center
Director(s).
* * * * *
PART 1805--PUBLICIZING CONTRACT ACTIONS
0
5. The authority citation for part 1805 is revised to read as follows:
Authority: 51 U.S.C. 20113(a).
1805.303 [Amended]
0
6. Section 1805.303 is revised to read as follows:
1805.303 Announcement of contract awards.
(a)(i) In lieu of the threshold cited in FAR 5.303(a), a NASA
Headquarters public announcement is required for award of contract
actions that have a total anticipated value, including unexercised
options, of $5 million or greater.
PART 1807--ACQUISITION PLANNING
0
7. The authority citation for part 1807 is revised to read as follows:
Authority: 51 U.S.C. 20113(a).
Subpart 1807.1 [Removed]
0
8. Subpart 1807.1, consisting of sections 1807.107 and 1807.107-70, is
removed.
1807.7200 [Amended]
0
9. In section 1807.7200, paragraph (b) is revised to read as follows:
1807.7200 Policy.
* * * * *
(b) The annual forecast and semiannual update are available on the
NASA Acquisition Internet Service (https://www.hq.nasa.gov/office/procurement/forecast/).
0
10. In section 1807.7201, the definition for ``Contract opportunity''
is revised to read as follows:
1807.7201 Definitions.
* * * * *
Contract opportunity means planned new contract awards exceeding
the simplified acquisition threshold (SAT).
PART 1812--ACQUISITION OF COMMERCIAL ITEMS
0
11. The authority citation for part 1812 is revised to read as follows:
Authority: 51 U.S.C. 20113(a).
0
12. Section 1812.301 is revised to read as follows:
[[Page 36721]]
1812.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f)(i) The following clauses are authorized for use in acquisitions
of commercial items when required by the clause prescription:
(A) 1852.204-75, Security Classification Requirements.
(B) 1852.204-76, Security Requirements for Unclassified Information
Technology Resources.
(C) 1852.215-84, Ombudsman.
(D) 1852.216-80, Task Order Procedures (Alternate I).
(E) 1852.216-88, Performance Incentive.
(F) 1852.219-73, Small Business Subcontracting Plan.
(G) 1852.219-75, Small Business Subcontracting Reporting.
(H) 1852.223-70, Safety and Health.
(I) 1852.223-71, Frequency Authorization.
(J) 1852.223-72, Safety and Health (Short Form).
(K) 1852.223-73, Safety and Health Plan.
(L) 1852.223-75, Major Breach of Safety and Security (Alternate I).
(M) 1852.225-70, Export Licenses.
(N) 1852.228-76, Cross-Waiver of Liability for International Space
Station Activities.
(O) 1852.228-78, Cross-Waiver of Liability for Science or Space
Exploration Activities Unrelated to the International Space Station.
(P) 1852.237-70, Emergency Evacuation Procedures.
(Q) 1852.237-72, Access to Sensitive Information.
(R) 1852.237-73, Release of Sensitive Information.
(S) 1852.246-72, Material Inspection and Receiving Report.
(T) 1852.247.71, Protection of the Florida Manatee.
0
13. In section 1812.7000:
0
a. Paragraph (d) is removed;
0
b. Paragraphs (a), (b), and (c) are redesignated as paragraph (b), (c)
(d) respectively; and
0
c. Paragraph (a) is added.
The addition reads as follows:
1812.7000 Anchor tenancy contracts.
(a) The term ``anchor tenancy'' means an arrangement in which the
United States Government agrees to procure sufficient quantities of a
commercial space product or service needed to meet Government mission
requirements so that a commercial venture is made viable.
* * * * *
PART 1813--SIMPLIFIED ACQUISITION PROCEDURES
0
14. The authority citation for part 1813 is revised to read as follows:
Authority: 51 U.S.C. 20113(a).
1813.000 [Removed]
0
15. Section 1813.000 is removed.
PART 1823--ENVIRONMENT, ENERGY, AND WATER EFFICIENCY, RENEWABLE
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
0
16. The authority citation for part 1823 is revised to read as follows:
Authority: 51 U.S.C. 20113(a).
0
17. In section 1823.7001:
0
a. Paragraph (c) is revised;
0
b. Paragraphs (d) and (e) are redesignated as paragraphs (e), and (f)
respectively, and newly redesignated paragraph (f) is revised; and
0
c. Paragraph (d) is added.
The revisions and additions read as follows:
1823.7001 NASA solicitation provisions and contract clauses.
* * * * *
(c) The contracting officer shall insert the clause at 1852.223-73,
Safety and Health Plan, in solicitations above the simplified
acquisition threshold when the work will be conducted completely or
partly on a Federally-controlled facility and the safety and health
plan will be evaluated in source selection as approved by the source
selection authority. This clause may be modified to identify specific
information that is to be included in the plan. After receiving the
concurrence of the center safety and occupational health official(s),
the contracting officer shall incorporate the plan as an attachment
into any resulting contract. The contracting officer shall insert the
clause, with its Alternate I, in Invitations for Bid.
(d)(1) The contracting officer shall insert FAR clause at 52.236-13
with its Alternate I in solicitations and contracts when the work will
be conducted completely or partly on a Federally-controlled facility
and a Safety and Health Plan will be reviewed after award as a contract
deliverable. The contracting officer may modify the wording in
paragraph (f) of Alternate I to specify:
(i) When the proposed plan is due and
(ii) Whether the contractor may commence work prior to approval of
the plan; or
(iii) To what extent the contractor may commence work before the
plan is approved.
(2) The requiring activity, in consultation with the cognizant
health and safety official(s), will identify the data deliverable
requirements for the safety and health plan. After receiving the
concurrence of the center safety and occupational health official(s),
the contracting officer shall incorporate the plan as an attachment
into the contract.
* * * * *
(f) The contracting officer shall insert the clause at 1852.223-72,
Safety and Health (Short Form) in solicitations and contracts above the
simplified acquisition threshold when work will be conducted completely
or partly on Federally-controlled facilities and that do not contain
the clause at 1852.223-73 or the FAR clause at 52.236-13 with its
Alternate I.
PART 1833--PROTESTS, DISPUTES, AND APPEALS
0
18. The authority citation for part 1833 is revised to read as follows:
Authority: 51 U.S.C. 20113(a).
1833.103 [Amended]
0
19. Section 1833.103 is revised to read as follows:
1833.103 Protests to the agency.
(d)(4) The provision at 1852.233-70 provides for an alternative to
a protest to the United States Government Accountability Office (GAO).
This alternative gives bidders or offerors the ability to protest
directly to the contracting officer (CO) or to request an independent
review by the Assistant Administrator for Procurement (or designee).
The Agency review shall be deemed to be at the CO level when the
request is silent as to the level of review desired. The Agency review
shall be deemed to be at the level of the Assistant Administrator for
Procurement (or designee) when the request specifies a level above the
CO, even if the request does not specifically request an independent
review by the Assistant Administrator for Procurement. Such reviews are
separate and distinct from the Ombudsman Program described at
1815.7001.
(e) NASA shall summarily dismiss and take no further action upon
any protest to the Agency if the substance of the protest is pending in
judicial proceedings or the protester has filed a protest on the same
acquisition with the GAO prior to receipt of an Agency protest
decision.
(4) When a bidder or offeror submits an Agency protest to the CO or
[[Page 36722]]
alternatively requests an independent review by the Assistant
Administrator for Procurement, the decision of the CO or the Assistant
Administrator for Procurement shall be final and is not subject to any
appeal or reconsideration within NASA.
1833.106-70 [Amended]
0
20. In section 1833.106-70, remove the words ``Contracting officers''
and add in their place the words ``The contracting officer''.
1833.215 [Amended]
0
21. In section 1833.215, remove the word ``agency'' and add in its
place the word ``Agency''.
PART 1836--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
0
22. The authority citation for part 1836 is revised to read as follows:
Authority: 51 U.S.C. 20113(a).
0
23. Section 1836.513 is revised to read as follows:
1836.513 Accident prevention.
For additional guidance on the use of FAR clause 52.236-13,
Accident Prevention, and its Alternate I in NASA contracts, see
1823.7001(d).
PART 1850--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT
0
24. The authority citation for part 1850 is added to read as follows:
Authority: 51 U.S.C. 20113(a).
1850.103-570 [Amended]
0
25. In the introductory text of paragraph (a) to section 1850.103-570,
remove the words ``Associate General Counsel for General Law'' and add
in their place the words ``Associate General Counsel for Contracts and
Procurement Law''.
1850.103-670 [Amended]
0
26. In paragraph (b) to section 1850.103-670, remove the words
``Associate General Counsel for General Law'' and add in their place
the words ``Associate General Counsel for Contracts and Procurement
Law''.
1850.104-2 [Added]
0
27. Section 1850.104-2 is added to read as follows:
1850.104-2 General
(a) Requests for the exercise of residual powers shall be sent to
the Headquarters Office of Procurement, Program Operations Division for
review and processing. The NASA Administrator is the approval authority
for the Memorandum of Decision.
0
28. Section 1850.104-3 is revised to read as follows:
1850.104-3 Special procedures for unusually hazardous or nuclear
risks.
(a) Indemnification requests. (1) Contractor indemnification
requests must be submitted to the cognizant contracting officer for the
contract for which the indemnification clause is requested. The request
shall be submitted six (6) months in advance of the desired effective
date of the requested indemnification in order to allow sufficient time
for the request to be reviewed, analyzed, and approved by the Agency.
Contractors shall submit a single request and shall ensure that
duplicate requests are not submitted by associated divisions,
subsidiaries, or central offices of the contractor.
(ii) The contractor's request for indemnification must identify a
sufficient factual basis for indemnification by explaining specifically
what work activities under the contract create the unusually hazardous
or nuclear risk and identifying the timeframes in which the risk would
be incurred.
(iii) The contractor shall also provide evidence, such as a
certificate of insurance or other customary proof of insurance, that
such insurance is either in force or is available and will be in force
during the indemnified period.
(b) Action on indemnification requests. (1) If recommending
approval, the contracting officer shall forward the required
information to the NASA Headquarters Office of Procurement, Program
Operations Division, along with the following:
(i) For contracts of five years duration or longer, a
determination, with supporting rationale, whether the indemnification
approval and insurance coverage and premiums should be reviewed for
adequacy and continued validity at points in time within the extended
contract period.
(ii) The specific definition of the unusually hazardous risk to
which the contractor is exposed in the performance of the contract(s),
including specificity about which activities present such risk and the
anticipated timeframes in which the risk will be incurred;
(iv) A complete discussion of the contractor's financial protection
program; and
(vi) The extent to, and conditions under, which indemnification is
being approved for subcontracts.
(2) The NASA Administrator is the approval authority for using the
indemnification clause in a contract by a Memorandum of Decision.
(4)(ii) If approving subcontractor indemnification, the contracting
officer shall document the file with a memorandum for record addressing
the items set forth in FAR 50.104-3(b) and include an analysis of the
subcontractor's financial protection program. In performing this
analysis, the contracting officer shall take into consideration the
availability, cost, terms and conditions of insurance in relation to
the unusually hazardous risk.
0
29. Section 1850.104-4 is added to read as follows:
1850.104-4 Contract clause.
The contracting officer shall obtain the NASA Administrator's
approval prior to including clause 52.250-1 in a contract.
1850.104-70 [Removed]
0
30. Section 1850.104-70 is removed.
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
31. The authority citation for part 1852 is revised to read as follows:
Authority: 51 U.S.C. 20113(a).
1852.223-72 and 1852.223-73 [Amended]
0
32. Sections 1852.223-72 and 1852.223-73 are revised to read as
follows:
1852.223-72 Safety and Health (Short Form).
As prescribed in 1823.7001(f), insert the following clause:
SAFETY AND HEALTH (SHORT FORM)
(JUL 2015)
(a) Safety is the freedom from those conditions that can cause
death, injury, occupational illness; damage to or loss of equipment
or property, or damage to the environment. NASA is committed to
protecting the safety and health of the public, our team members,
and those assets that the Nation entrusts to the Agency.
(b) The Contractor shall have a documented, comprehensive and
effective health and safety program with a proactive process to
identify, assess, and control hazards and take all reasonable safety
and occupational health measures consistent with standard industry
practice in performing this contract.
(c) The Contractor shall insert the substance of this clause,
including this paragraph (c) in subcontracts that exceed the
simplified acquisition threshold where work will be conducted
completely or partly on Federally-controlled facilities.
(End of clause)
[[Page 36723]]
1852.223-73 Safety and Health Plan.
As prescribed in 1823.7001(c), insert the following clause:
SAFETY AND HEALTH PLAN
(JUL 2015)
(a) The offeror shall submit a detailed safety and occupational
health plan as part of its proposal. The plan shall include a
detailed discussion of the policies, procedures, and techniques that
will be used to ensure the safety and occupational health of
Contractor employees and to ensure the safety of all working
conditions throughout the performance of the contract.
(b) The plan shall similarly address subcontractor employee
safety and occupational health for those proposed subcontracts or
subcontract effort where the work will be conducted completely or
partly on a Federally-controlled facility.
(d) This plan, as approved by the Contracting Officer, will be
incorporated into any resulting contract.
(End of clause)
ALTERNATE I
(JUL 2015)
As prescribed in 1823.7001(c)(1), delete the first sentence in
paragraph (a) of the basic provision and substitute the following:
The apparent low bidder, upon request by the Contracting
Officer, shall submit a detailed safety and occupational health
plan. The plan shall be submitted within the time specified by the
Contracting Officer. Failure to submit an acceptable plan shall make
the bidder ineligible for the award of a contract.
0
33. Section 1852.233-70 is revised to read as follows:
1852.233-70 Protests to NASA.
As prescribed in 1833.106-70, insert the following provision:
PROTESTS TO NASA
(JUL 2015)
(a) In lieu of a protest to the United States Government
Accountability Office (GAO), bidders or offerors may submit a
protest under 48 CFR part 33 (FAR Part 33) directly to the
Contracting Officer for consideration by the Agency. Alternatively,
bidders or offerors may request an independent review by the
Assistant Administrator for Procurement, who will serve as or
designate the official responsible for conducting an independent
review. Such reviews are separate and distinct from the Ombudsman
Program described at 1815.7001.
(b) Bidders or offerors shall specify whether they are
submitting a protest to the Contracting Officer or requesting an
independent review by the Assistant Administrator for Procurement.
(c) Protests to the Contracting Officer shall be submitted to
the address or email specified in the solicitation (email is an
acceptable means for submitting a protest to the Contracting
Officer). Alternatively, requests for independent review by the
Assistant Administrator for Procurement shall be addressed to the
Assistant Administrator for Procurement, NASA Headquarters,
Washington, DC 20456-0001.
(End of provision)
0
34. Section 1852.247-71 is revised to read as follows:
1852.247-71 Protection of the Florida Manatee.
As prescribed in 1847.7001, insert the following clause:
PROTECTION OF THE FLORIDA MANATEE
(JUL 2015)
(a) Pursuant to the Endangered Species Act of 1973 (Pub. L. 93-
205), as amended, and the Marine Mammals Protection Act of 1972
(Pub. L. 92-522), the Florida Manatee (Trichechus Manatus) has been
designated an endangered species, and the Indian River Lagoon system
within and adjacent to National Aeronautics and Space
Administration's (NASA's) Kennedy Space Center (KSC) has been
designated as a critical habitat of the Florida Manatee. The KSC
Environmental Management Branch will advise all personnel associated
with the project of the potential presence of manatees in the work
area, and the need to avoid collisions and/or harassment of the
manatees. Contractors shall ensure that all employees,
subcontractors, and other individuals associated with this contract
and who are involved in vessel operations, dockside work, and
selected disassembly functions are aware of the civil and criminal
penalties for harming, harassing, or killing manatees.
(b) All contractor personnel shall be responsible for complying
with all applicable Federal and/or state permits (e.g., Florida
Department of Environmental Protection, St. Johns River Water
Management District, Fish & Wildlife Service) in performing water-
related activities within the contract. Where no Federal and/or
state permits are required for said contract, and the contract scope
requires activities within waters at KSC, the Contractor shall
obtain a KSC Manatee Protection Permit from the Environmental
Management Branch. All conditions of Federal, state, and/or KSC
regulations and permits for manatee protection shall be binding to
the contract. Notification and coordination of all water related
activities at KSC will be done through the Environmental Management
Branch.
(c) The Contractor shall incorporate the provisions of this
clause in applicable subcontracts.
(End of clause)
[FR Doc. 2015-15524 Filed 6-25-15; 8:45 am]
BILLING CODE 7510-13-P
