Skip to Content

Rule

NASA FAR Supplement: NASA Suspending and Debarring Official

Document Details

Information about this document as published in the Federal Register.

Document Statistics
Document page views are updated periodically throughout the day and are cumulative counts for this document including its time on Public Inspection. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day.
Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble Start Printed Page 12420

AGENCY:

National Aeronautics and Space Administration.

ACTION:

Final rule.

SUMMARY:

National Aeronautics and Space Administration (NASA) is issuing a final rule to amend the NASA FAR Supplement (NFS) to change the role of NASA suspending and debarring official from the Assistant Administrator for Procurement to the Deputy General Counsel and to make other editorial changes.

DATES:

Effective: April 8, 2016.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Manuel Quinones, NASA, Office of Procurement, telephone (202) 358-2143.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

I. Background

NASA has not published a proposed rule in the Federal Register to reassign the role of NASA Suspending and Debarring Official (SDO) from the NASA Assistant Administrator for Procurement to the NASA Deputy General Counsel at NFS 1809.403, because this change affects only the internal operating procedures of the Government and has no significant cost or administrative or cost impact on contractors or offerors.

Additionally, section 1852.223-73 is revised to correct a typographical error by redesignating paragraph (d) as (c). No other changes to the clause are made.

II. Publication of This Final Rule for Public Comment Is Not Required by Statute

Publication of proposed regulations, 41 U.S.C. 1707, is the statute which applies to the publication of the Federal Acquisition Regulation. Paragraph (a)(1) of the statute requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because the revision to section 1809.403 merely reassigns the role of NASA suspending and debarring official from the Assistant Administrator for Procurement to the Deputy General Counsel. This change affects only the internal operating procedures of the Government.

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 (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 not a significant regulatory action and, therefore, was not 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

The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant NFS revision within the meaning of FAR 1.501-1 and 41 U.S.C. 1707 does not require publication for public comment.

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).

Start List of Subjects

List of Subjects in 48 CFR 1809 and 1852

  • Government procurement
End List of Subjects Start Signature

Manuel Quinones,

NASA FAR Supplement Manager.

End Signature

Accordingly, 48 CFR parts 1809 and 1852 are amended as follows:

Start Part

PART 1809—CONTRACTOR QUALIFICATIONS

End Part Start Amendment Part

1. The authority citation for part 1809 is revised to read as follows:

End Amendment Part Start Authority

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

End Authority Start Amendment Part

2. Revise section 1809.403 to read as follows:

End Amendment Part
Definitions.

For purposes of FAR subpart 9.4 and this subpart, the Deputy General Counsel is the “debarring official,” the “suspending official,” and the agency head's “designee.”

Start Part

PART 1852—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

End Part Start Amendment Part

3. The authority citation for part 1852 is revised to read as follows:

End Amendment Part Start Authority

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

End Authority
[Amended]
Start Amendment Part

4. Amend section 1852.223-73 by redesignating paragraph (d) as (c).

End Amendment Part End Supplemental Information

[FR Doc. 2016-05231 Filed 3-8-16; 8:45 am]

BILLING CODE 7510-13-P