DATE: October 1, 2002

SUBJECT: National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Broad Agency Announcements

SOURCE: Federal Register, October 1, 2002, Vol. 67, No. 190, page 61519

AGENCIES: National Aeronautics and Space Administration (NASA)

ACTION: Final Rule

SYNOPSIS: This final rule amends the NFS to require consideration of safety and risk-based acquisition management (RBAM) in the evaluation of proposals in response to NASA's broad agency announcements (BAAs).

EDITOR'S NOTE: NASA uses two types of BAAs: the Announcement of Opportunity (AO) (see NFS Subpart 1872.3, The Announcement of Opportunity), and the NASA Research Announcement (NRA) (see NFS 1835.016-71, NASA Research Announcements).

For more on the proposed rule, see the August 31, 2001, FEDERAL CONTRACTS DISPATCH "National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Broad Agency Announcements."

EFFECTIVE DATE: October 1, 2002.

FOR FURTHER INFORMATION CONTACT: Paul Brundage, NASA, Office of Procurement, Analysis Division (Code HC), 202-58-0481, e-mail: paul.brundage@hq.nasa.gov.

SUPPLEMENTAL INFORMATION: To make sure that the way safety and RBAM are treated in BAAs is consistent with all other NASA acquisitions, a proposed rule was published on August 31, 2001, that would revise NFS 1852.235-72, Instructions for Responding to NASA Research Announcements, and NFS 1872.307, Guidelines for Proposal Preparation (which addresses AOs), to add that proposals are to "identify and discuss risk factors and issues throughout the proposal where they are relevant, and...(the) approach to managing these risks." Also, the proposed rule would revise NFS 1872.402, Criteria for Evaluation, to add "the proposed approach to managing risk" as an evaluation factor appropriate for most AOs. Finally, the proposed rule would add to NFS 1872.705, Format of Announcement of Opportunity (AO), a separate section in AOs:

     "II. NASA's Safety Priority.
           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's safety priority is to protect: (1) the public, (2) astronauts and pilots, (3) the NASA workforce (including NASA employees working under NASA instruments), and (4) high-value equipment and property."

One comment was received, and the proposed rule is adopted as final with minor grammatical changes.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2002 by Panoptic Enterprises. All Rights Reserved.

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