Requirement for NASA Recipients of Financial Assistance Awards To Obtain a Quotation From Small and/or Minority Businesses, Women's Business Enterprises and Labor Surplus Area Firms, 69050-69051 [2022-25055]
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Federal Register / Vol. 87, No. 221 / Thursday, November 17, 2022 / Notices
approval of this information collection.
They will also become a matter of
public record.
with small and minority businesses,
women’s business enterprises, and labor
surplus area firms.
Cheryl Parker,
Federal Register Liaison Officer.
Public Comments Discussion
NASA published a request for public
comment in the Federal Register at 87
FR 10257 on February 23, 2022, on
proposed implementation of a new term
and condition that requires recipients of
NASA financial assistance to obtain a
quotation from a small and/or minority
business, women’s business enterprise,
or labor surplus area firm when the
acquisition of goods or services exceeds
the simplified acquisition threshold.
NASA received 36 comments from
individual citizens, large and small
businesses, colleges and universities,
and other non-profit organizations. All
comments were carefully reviewed and
considered prior to finalizing the term
and condition.
NASA received five comments in
support of the term and condition where
commenters commended NASA for
their effort to diversify, promote
equality and social responsibility
associated with NASA, while inspiring
future generations to pursue their
passions in Science, Technology,
Engineering and Math research.
Response: NASA recognizes and
supports the importance of diversity in
its policies and programs and continues
to work to identify and overcome
barriers that hinder equitable, inclusive
access by individuals or communities to
the resources and opportunities that
make all of NASA’s work possible.
NASA received six comments/
questions, including one duplicate,
regarding applicability and waivers for
businesses who may not be able to meet
this new requirement. Response: The
new term and condition applies to ALL
NASA grant and cooperative agreement
award recipients, regardless of the
business types. Furthermore, NASA will
not extend waivers for this requirement.
Recipients are required to maintain
documentation on file indicating why it
is impossible to obtain a quote from a
small/minority owned business,
women’s business enterprise, or labor
surplus area firm. NASA received two
comments/questions regarding
partnership and contracting with NASA.
Response: The NASA Office of Small
Business programs (https://
www.nasa.gov/osbp) provides resource
information on how to do business with
NASA. Also, NASA’s notice of funding
opportunities are accessible on the
NASA Solicitation and Proposal
Integrated Review and Evaluation
System (NSPIRES) (https://
nspires.nasaprs.com/external/) and
www.grants.gov. NASA received 15
[FR Doc. 2022–25009 Filed 11–16–22; 8:45 am]
BILLING CODE 7510–13–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice 22–092]
Requirement for NASA Recipients of
Financial Assistance Awards To
Obtain a Quotation From Small and/or
Minority Businesses, Women’s
Business Enterprises and Labor
Surplus Area Firms
National Aeronautics and
Space Administration.
ACTION: Final notice of a new NASA
term and condition.
AGENCY:
NASA has published, in final
form in its Grant and Cooperative
Agreement Manual (GCAM), a new term
and condition regarding requirements
for NASA recipients of financial
assistance awards to obtain quotation
from a small and/or minority business,
women’s business enterprise, or labor
surplus area firm.
FOR FURTHER INFORMATION CONTACT: For
any questions, comments, or concerns
regarding this term and condition,
please contact Christiane S. Diallo,
email: Christiane.diallo@nasa.gov,
telephone (202) 358–5179.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
Background
On January 25, 2021, President Biden
issued Executive Order (E.O.) 13985,
Advancing Racial Equity and Support
for Underserved Communities Through
the Federal Government, outlining a
comprehensive approach to advancing
equity for all, including people of color
and others who have been historically
underserved, marginalized, and
adversely affected by persistent poverty
and inequality. Given that advancing
equity requires a systematic approach to
embedding fairness in the decisionmaking process, the E.O. instructs
agencies to recognize and work to
redress inequities in their policies and
programs that serve as barriers to equal
opportunity.
In response to E.O. 13985, NASA has
taken a few actions, including
implementing a new term and
condition, that ensure entities funded
by NASA are compliant with the
procurement standards in the uniform
guidance 2 CFR 200.321, Contracting
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17:26 Nov 16, 2022
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comments from commenters who are
opposed to the implementation of the
term and condition, citing that this new
requirement would place an
administrative burden on NASA grant
recipients and an unfair advantage to
certain business owners. Response:
NASA’s proposed term and condition
aligns with 2 CFR 200.321, Contracting
with small and minority businesses,
women’s business enterprises, and labor
surplus area firms, which requires nonfederal entities to take all necessary
steps to ensure the use of minority
businesses, women’s business
enterprises, and labor surplus area
firms. Furthermore, 2 CFR 200.318(i),
General procurement standards,
requires non-Federal entities ‘‘to
maintain records sufficient to detail the
history of their procurements. The
records include but are not limited to
the rationale for the method of
procurement, selection of contract type,
contractor selection or rejection, and the
basis for the contract price’’. NASA
received four comments with proposed
recommendations for ensuring that the
new term and condition is effectively
implemented. Response: NASA will
consider the proposed
recommendations as it develops its
advanced monitoring plan, which is
intended to provide an oversight of
NASA grants as well as ensure
recipients’ compliance with NASA grant
policy requirements. NASA received
four comments from commenters
expressing views outside of the
proposed term and condition. Response:
These comments are outside the scope
of the Federal Register Notice and do
not relate to the proposed term and
condition.
The full text of the new term and
condition is provided below:
Requirement To Obtain a Quotation
From Small and/or Minority
Businesses, Women’s Business
Enterprises or Labor Surplus Area
Firms
Pursuant to the requirements in 2 CFR
200.321, Contracting with small and
minority businesses, women’s business
enterprises, and labor surplus area
firms, grant and cooperative agreement
recipients shall, to the extent
practicable, obtain at least one quotation
in response to a recipient-issued
Request for Quotation (RFQ) from a
small and/or minority business,
women’s business enterprise or labor
surplus area firms when the acquisition
of goods or services exceeds the
simplified acquisition threshold (SAT)
as defined in the Federal Acquisition
Regulation (FAR) part 2.101, Definitions
(currently the SAT is $250,000). In the
E:\FR\FM\17NON1.SGM
17NON1
Federal Register / Vol. 87, No. 221 / Thursday, November 17, 2022 / Notices
event that recipients are unable to
obtain at least one quote from a small
and/or minority business women’s
business enterprise or labor surplus area
firm, a written justification indicating
why this was not possible must be
maintained in the recipient’s records.
End of Term and Condition
Implementation
NASA has implemented the new term
and condition through revision of the
NASA GCAM, which became effective
on October 31, 2022, and is accessible
at https://www.nasa.gov/centers/nssc/
grants. The new term and condition will
be applied to all new NASA awards and
funding amendments to existing awards
made on or after the effective date.
Cheryl Parker,
Federal Register Liaison Officer.
[FR Doc. 2022–25055 Filed 11–16–22; 8:45 am]
BILLING CODE 7510–13–P
NATIONAL SCIENCE FOUNDATION
Notice of Permit Applications Received
Under the Antarctic Conservation Act
of 1978
National Science Foundation.
Notice of permit applications
received.
AGENCY:
ACTION:
The National Science
Foundation (NSF) is required to publish
a notice of permit applications received
to conduct activities regulated under the
Antarctic Conservation Act of 1978.
NSF has published regulations under
the Antarctic Conservation Act in the
Code of Federal Regulations. This is the
required notice of permit applications
received.
SUMMARY:
Interested parties are invited to
submit written data, comments, or
views with respect to this permit
application by December 19, 2022. This
application may be inspected by
interested parties at the Permit Office,
address below.
ADDRESSES: Comments should be
addressed to Permit Office, Office of
Polar Programs, National Science
Foundation, 2415 Eisenhower Avenue,
Alexandria, Virginia 22314 or
ACApermits@nsf.gov.
FOR FURTHER INFORMATION CONTACT:
Andrew Titmus, ACA Permit Officer, at
the above address, 703–292–4479.
SUPPLEMENTARY INFORMATION: The
National Science Foundation, as
directed by the Antarctic Conservation
Act of 1978 (Pub. L. 95–541, 45 CFR
670, as amended by the Antarctic
Science, Tourism and Conservation Act
lotter on DSK11XQN23PROD with NOTICES1
DATES:
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17:26 Nov 16, 2022
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of 1996, has developed regulations for
the establishment of a permit system for
various activities in Antarctica and
designation of certain animals and
certain geographic areas as requiring
special protection. The regulations
establish such a permit system to
designate Antarctic Specially Protected
Areas.
Application Details
Permit Application: 2023–020
1. Applicant: Lyndsey Lewis, Quark
Expeditions, Seattle, WA 98121.
permits@quarkexpeditions.com
Activity for Which Permit Is Requested
Waste Management. The applicant
seeks an Antarctic Conservation Permit
for waste management activities
associated with the operation of tour
vessels in the Antarctic Peninsula
region. Activities include helicopter
flights and helicopter based shore
activities at select locations, short
overnight stays (camping) at select
locations, and the use of remotely
piloted aircrafts (RPAs) in Antarctica.
For helicopter operations, the applicant
would bring ashore cooking fuel and
batteries to be used in emergency
situations only. All materials brought
shore during helicopter-based activities
would be removed from the continent
following each activity and measures
would be taken to minimize
environmental impact in the event of a
release. Helicopters would only be
refueled aboard the operator’s vessel
and measures will be in place to prevent
accidental discharge. For short
overnight stays (camping), the applicant
seeks permission for no more than 60
campers and expedition staff to camp
overnight at select locations for a
maximum of 10 hours ashore. Camping
would be away from vegetated sites and
at least 150m from wildlife
concentrations or lakes, protected areas,
historical sites, and scientific stations.
Tents would be pitched on snow, ice, or
bare smooth rock, at least 15m from the
high-water line. No food, other than
emergency rations, would be brought
onshore and all wastes, including
human waste, would be collected and
returned to the ship for proper disposal.
For remotely piloted aircraft systems
(RPAS) operation, the applicant
proposes to operate small, batteryoperated RPAS consisting, in part, of a
quadcopter equipped with cameras to
collect commercial and educational
footage of the Antarctic. The quadcopter
would not be flown over concentrations
of birds or mammals, or over Antarctic
Specially Protected Areas or Historic
Sites and Monuments. The RPAS would
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69051
only be operated by pilots with
extensive experience, who are preapproved by the Expedition Leader.
Several measures would be taken to
prevent against loss of the quadcopter
including painting them a highly visible
color; only flying when the wind is less
than 25 knots; flying for only 15
minutes at a time to preserve battery
life, a flotation device if operated over
water, and an ‘‘auto go home’’ feature in
case of loss of control link or low
battery; having an observer on the
lookout for wildlife, people, and other
hazards; and ensuring that the
separation between the operator and
quadcopter does not exceed an
operational range of 500 meters.
Location
Andvord Bay, Argentine Islands,
Damoy Point/Dorian Bay, Danco Island,
Errera Channel, Horseshoe Island,
Hovgaard Island, Leith Cove, LefevreUtile Point, The Naze, Orne Harbor,
Paradise Bay, Pleneau Island, Portal
Point, Prospect Point, Ronge Island,
Skontorp Cove, Stony Point, Antarctic
Peninsula region.
Dates of Permitted Activities
November 1, 2022–March 31, 2027.
Permit Application: 2023–021
2. Applicant: John Dennis, Albatros
Expeditions, 4770 Biscayne Blvd.
PHR, Miami, FL 33137
Activity for Which Permit Is Requested
Waste Management. The applicant
seeks an Antarctic Conservation Act
permit for waste management activities
associated with the use of Remotely
piloted aircrafts (RPAs) and all-terrain
vehicles (ATVs) in Antarctica. RPAs
will be flown by experienced, preapproved pilots for educational,
commercial, or marketing purposes.
Aircrafts will not be flown over any
concentrations of wildlife, or any
Antarctic Specially Protected or
Specially Managed Areas or Historic
Sites and Monuments without
appropriate authorization. Operators
will maintain visual line of sight with
the aircraft during all flight operations,
and measures will be in place to prevent
loss of aircraft during operations.
Observers will be present to observe for
any wildlife or other potential hazards.
ATVs will be used to support onshore
activities and will be refueled once
daily. Refueling of ATVs will be done
by experienced staff and precautions
will be taken to prevent any accidental
release of fuel. Supplies will be on hand
to assist in cleanup of any fuel spilled
during operations. The applicant seeks
a waste management permit to cover
E:\FR\FM\17NON1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Notices]
[Pages 69050-69051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25055]
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[Notice 22-092]
Requirement for NASA Recipients of Financial Assistance Awards To
Obtain a Quotation From Small and/or Minority Businesses, Women's
Business Enterprises and Labor Surplus Area Firms
AGENCY: National Aeronautics and Space Administration.
ACTION: Final notice of a new NASA term and condition.
-----------------------------------------------------------------------
SUMMARY: NASA has published, in final form in its Grant and Cooperative
Agreement Manual (GCAM), a new term and condition regarding
requirements for NASA recipients of financial assistance awards to
obtain quotation from a small and/or minority business, women's
business enterprise, or labor surplus area firm.
FOR FURTHER INFORMATION CONTACT: For any questions, comments, or
concerns regarding this term and condition, please contact Christiane
S. Diallo, email: [email protected], telephone (202) 358-5179.
SUPPLEMENTARY INFORMATION:
Background
On January 25, 2021, President Biden issued Executive Order (E.O.)
13985, Advancing Racial Equity and Support for Underserved Communities
Through the Federal Government, outlining a comprehensive approach to
advancing equity for all, including people of color and others who have
been historically underserved, marginalized, and adversely affected by
persistent poverty and inequality. Given that advancing equity requires
a systematic approach to embedding fairness in the decision-making
process, the E.O. instructs agencies to recognize and work to redress
inequities in their policies and programs that serve as barriers to
equal opportunity.
In response to E.O. 13985, NASA has taken a few actions, including
implementing a new term and condition, that ensure entities funded by
NASA are compliant with the procurement standards in the uniform
guidance 2 CFR 200.321, Contracting with small and minority businesses,
women's business enterprises, and labor surplus area firms.
Public Comments Discussion
NASA published a request for public comment in the Federal Register
at 87 FR 10257 on February 23, 2022, on proposed implementation of a
new term and condition that requires recipients of NASA financial
assistance to obtain a quotation from a small and/or minority business,
women's business enterprise, or labor surplus area firm when the
acquisition of goods or services exceeds the simplified acquisition
threshold. NASA received 36 comments from individual citizens, large
and small businesses, colleges and universities, and other non-profit
organizations. All comments were carefully reviewed and considered
prior to finalizing the term and condition.
NASA received five comments in support of the term and condition
where commenters commended NASA for their effort to diversify, promote
equality and social responsibility associated with NASA, while
inspiring future generations to pursue their passions in Science,
Technology, Engineering and Math research. Response: NASA recognizes
and supports the importance of diversity in its policies and programs
and continues to work to identify and overcome barriers that hinder
equitable, inclusive access by individuals or communities to the
resources and opportunities that make all of NASA's work possible.
NASA received six comments/questions, including one duplicate,
regarding applicability and waivers for businesses who may not be able
to meet this new requirement. Response: The new term and condition
applies to ALL NASA grant and cooperative agreement award recipients,
regardless of the business types. Furthermore, NASA will not extend
waivers for this requirement. Recipients are required to maintain
documentation on file indicating why it is impossible to obtain a quote
from a small/minority owned business, women's business enterprise, or
labor surplus area firm. NASA received two comments/questions regarding
partnership and contracting with NASA. Response: The NASA Office of
Small Business programs (https://www.nasa.gov/osbp) provides resource
information on how to do business with NASA. Also, NASA's notice of
funding opportunities are accessible on the NASA Solicitation and
Proposal Integrated Review and Evaluation System (NSPIRES) (https://nspires.nasaprs.com/external/) and www.grants.gov. NASA received 15
comments from commenters who are opposed to the implementation of the
term and condition, citing that this new requirement would place an
administrative burden on NASA grant recipients and an unfair advantage
to certain business owners. Response: NASA's proposed term and
condition aligns with 2 CFR 200.321, Contracting with small and
minority businesses, women's business enterprises, and labor surplus
area firms, which requires non-federal entities to take all necessary
steps to ensure the use of minority businesses, women's business
enterprises, and labor surplus area firms. Furthermore, 2 CFR
200.318(i), General procurement standards, requires non-Federal
entities ``to maintain records sufficient to detail the history of
their procurements. The records include but are not limited to the
rationale for the method of procurement, selection of contract type,
contractor selection or rejection, and the basis for the contract
price''. NASA received four comments with proposed recommendations for
ensuring that the new term and condition is effectively implemented.
Response: NASA will consider the proposed recommendations as it
develops its advanced monitoring plan, which is intended to provide an
oversight of NASA grants as well as ensure recipients' compliance with
NASA grant policy requirements. NASA received four comments from
commenters expressing views outside of the proposed term and condition.
Response: These comments are outside the scope of the Federal Register
Notice and do not relate to the proposed term and condition.
The full text of the new term and condition is provided below:
Requirement To Obtain a Quotation From Small and/or Minority
Businesses, Women's Business Enterprises or Labor Surplus Area Firms
Pursuant to the requirements in 2 CFR 200.321, Contracting with
small and minority businesses, women's business enterprises, and labor
surplus area firms, grant and cooperative agreement recipients shall,
to the extent practicable, obtain at least one quotation in response to
a recipient-issued Request for Quotation (RFQ) from a small and/or
minority business, women's business enterprise or labor surplus area
firms when the acquisition of goods or services exceeds the simplified
acquisition threshold (SAT) as defined in the Federal Acquisition
Regulation (FAR) part 2.101, Definitions (currently the SAT is
$250,000). In the
[[Page 69051]]
event that recipients are unable to obtain at least one quote from a
small and/or minority business women's business enterprise or labor
surplus area firm, a written justification indicating why this was not
possible must be maintained in the recipient's records.
End of Term and Condition Implementation
NASA has implemented the new term and condition through revision of
the NASA GCAM, which became effective on October 31, 2022, and is
accessible at https://www.nasa.gov/centers/nssc/grants. The new term
and condition will be applied to all new NASA awards and funding
amendments to existing awards made on or after the effective date.
Cheryl Parker,
Federal Register Liaison Officer.
[FR Doc. 2022-25055 Filed 11-16-22; 8:45 am]
BILLING CODE 7510-13-P
