[Federal Register: March 22, 2004 (Volume 69, Number 55)]
[Rules and Regulations]
[Page 13260-13261]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr04-19]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1852
RIN 2700-AC97
Representations and Certifications--Other Than Commercial Items
AGENCY: National Aeronautics and Space Administration.
ACTION: Interim rule.
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SUMMARY: This interim rule revises the NASA Federal Acquisition
Regulation (FAR) Supplement (NFS) by amending the Offeror
Representations and Certifications--Other Than Commercial Items
provision used in solicitations for non-commercial simplified
acquisitions. This change is required to conform with changes made to
the FAR by Federal Acquisition Circulars (FAC) 2001-14 and 2001-19.
DATES: Effective Date: This interim rule is effective March 22, 2004.
Comment Date: Interested parties should submit comments to NASA at
the address below on or before May 21, 2004, to be considered in
formulation of the final rule.
ADDRESSES: Interested parties may submit comments, identified by RIN
number 2700-AC97, via the Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Comments may also be submitted to Celeste Dalton, NASA, Office of
Procurement, Contract Management Division (Code HK), Washington, DC
20546. Comments can also be submitted by e-mail to:
Celeste.M.Dalton@nasa.gov.
FOR FURTHER INFORMATION CONTACT: Celeste Dalton, NASA, Office of
Procurement, Contract Management Division (Code HK); (202) 358-1645; e-
mail: Celeste.M.Dalton@nasa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
NASA FAR Supplement (NFS) provision 1852.213-70, Offeror
Representations and Certifications--Other Than Commercial Items,
provides a consolidated set of representations and certifications for
use under non-commercial simplified acquisitions. This interim rule
makes changes to NFS 1852.213-70 to conform to changes made to FAR
provisions 52.225-4 and 52.225-6 by FACs 01-14 and 01-19, and changes
made to 52.225-2 by FAC 01-14. These FAR provisions are included as
paragraphs (e) and (f) of 1852.213-70. Specifically, FAC 01-14
clarified the use of the term “United States,” when used in a
geographic sense and provided a definition of “outlying areas” of the
United States, a term that encompasses the named outlying
commonwealths, territories, and minor outlying islands. In addition to
changes required in paragraphs (e) and (f) of 1852.213-70, a change is
required in the introductory text of paragraph (c) as a result of the
definition of “outlying areas”. FAC 01-19 made changes to implement
the new Free Trade Agreements with Chile and Singapore, as approved by
Congress (Pub. L. 108-77 and 108-78). These changes included removing
references to “North American Free Trade Agreement” and incorporating
the new concept of “Free Trade Agreements” in FAR provisions 52.225-4
and 52.225-6. In addition to the changes resulting from FACs 01-14 and
01-19, this interim rule revises 1852.213-70 to incorporate the
definition of “service-disabled veteran” into the definition of
“service-disabled veteran-owned small business concern” consistent
with FAR 2.101(b). Finally, this change updates and corrects references
and makes minor editorial changes.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
This interim rule is not expected 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
acquisitions under $100,000 that are set aside for small businesses are
exempt from trade agreements and these representations and
certifications only apply to non-commercial acquisitions less than
$100,000. NASA will consider comments from small entities concerning
the affected NFS Part 1852 in accordance with 5 U.S.C. 610.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes do
not impose any new recordkeeping or information collection requirements
which require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
D. Determination to Issue an Interim Rule
In accordance with 41 U.S.C. 418(d), NASA has determined that
urgent and compelling reasons exist to promulgate this interim rule
without prior opportunity for public comment. This action is necessary
consistent with the determination made for issuance of Item II of FAC
01-19 as an interim rule because the Free Trade Agreements with Chile
and Singapore, as approved by Congress (Pub. L. 108-77 and 108-78) were
effective January 1, 2004. NASA will consider public comments received
in response to this interim rule in formation of the final rule.
List of Subjects in 48 CFR Part 1852
Government procurement.
Tom Luedtke,
Assistant Administrator for Procurement.
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Accordingly, 48 CFR part 1852 is amended as follows:
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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1. The authority citation for 48 CFR part 1852 continues to read as
follows:
Authority: 42 U.S.C. 2473(c)(1).
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2. Amend section 1852.213-70 by--
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(a) Revising the date of the provision to read “(MAR 2004)”;
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(b) Amending paragraph (a) by --
[[Page 13261]]
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(i) Removing the definition for “Service-disabled veteran”;
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(ii) Revising the definition for “Service-disabled veteran-owned small
business concern”;
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(c) Revising the introductory text of paragraph (c);
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(d) In paragraph (c)((7)(ii), removing “(c)(11)(i)” and adding
“(c)(7)(i)” in its place;
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(e) Revising paragraphs (e) introductory text and (e)(1);
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(f) Removing “North American Free Trade Agreement” from paragraph
(f)(1) (twice), (f)(1)(ii), and (f)(1)(iii) and adding “Free Trade
Agreements” in its place;
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(g) Revising paragraph (f)(1)(i);
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(h) In paragraph (f)(2), removing “North American” and adding “(JAN
2004)” immediately after “Alternate I” in the first sentence, and
removing “North American Free Trade Agreement” from paragraph
(f)(1)(ii) and adding “Free Trade Agreements” in its place;
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(i) In paragraph (f)(3), removing “North American” and adding “(JAN
2004)” immediately after “Alternate II” in the first sentence, and
removing “North American Free Trade Agreement” from paragraph
(f)(1)(ii) and adding “Free Trade Agreements” in its place;
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(j) Removing “NAFTA” from paragraphs (f)(1)(ii) (twice), (f)(4)(i),
(f)(4)(ii), and (f)(4)(iii) (twice) and adding “FTA” in its place;
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(k) Revising the date for Alternate I to read “(MAR 2004)”; and in
the introductory text, removing “1813.302-570(a)(2)” and adding
“1813.302-570(a)(2)(i)” in its place;
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(l) Revising the date for Alternate II to read “(MAR 2004)”; and in
the introductory text, removing “1813.302-570(a)(2)” and adding
“1813.302-570(a)(2)(ii)” in its place; and
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(m) Revising the date for Alternate III to read “(MAR 2004)”; and in
the introductory text, removing “1813.302-570(a)(2)” and adding
“1813.302-570(a)(2)(iii)” in its place.
The revised and added text reads as follows:
1852.213-70 Offeror Representations and Certifications--Other Than
Commercial Items.
* * * * *
Offeror Representations and Certifications--Other Than Commercial Items
(MAR 2004)
(a) * * *
“Service-disabled veteran-owned small business concern”--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more
service-disabled veterans or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by
one or more service-disabled veterans; and
(ii) The management and daily business operations of which are
controlled by one or more service-disabled veterans or, in the case of
a veteran with permanent and severe disability, the spouse or permanent
caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38
U.S.C. 101(2), with a disability that is service-connected, as defined
in 38 U.S.C. 101(16).
* * * * *
(c) Offerors must complete the following representations when the
resulting contract will be performed in the United States or its
outlying areas. Check all that apply.
* * * * *
(e) Buy American Act Certificate. (Applies only if the clause at
Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--
Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those
listed in paragraph (e)(2) of this provision, is a domestic end product
and that the offeror has considered components of unknown origin to
have been mined, produced, or manufactured outside the United States.
The offeror shall list as foreign end products those end products
manufactured in the United States that do not qualify as domestic end
products. The terms “component,” “domestic end product,” “end
product,” “foreign end product,” and “United States” are defined
in the clause of this solicitation entitled “Buy American Act-
Supplies.”
* * * * *
(f)(1) * * *
(i) The offeror certifies that each end product, except those
listed in paragraph (f)(1)(ii) or (f)(1)(iii) of this provision, is a
domestic end product and that the offeror has considered components of
unknown origin to have been mined, produced, or manufactured outside
the United States. The terms “component,” “domestic end product,”
“end product,” “foreign end product,” and “United States” are
defined in the clause of this solicitation entitled “Buy American
Act--Free Trade Agreements-- Israeli Trade Act”
* * * * *
[FR Doc. 04-6042 Filed 3-19-04; 8:45 am]
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