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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: July 27, 2004

SUBJECT: National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Representations and Certifications For Other Than Commercial Items

SOURCE: Federal Register, March 22, 2004, Vol. 69, No. 143, page 44610

AGENCIES: National Aeronautics and Space Administration (NASA)

ACTION: Final Rule

SYNOPSIS: NASA is adopting as final, with a clarifying change, the interim rule that amended NFS 1852.213-70, Offeror Representations and Certifications -- Other Than Commercial Items, so that it reflects changes made to the FAR by Federal Acquisition Circulars (FACs) 2001-14 and 2001-19, specifically to clarify the use of the term "United States" when used in a geographic sense, and to replace references to "North American Free Trade Agreement" with "Free Trade Agreements."

EDITOR'S NOTE: For more on the interim rule being finalized, see the March 22, 2004, FEDERAL CONTRACTS DISPATCH "National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Representations and Certifications for Other Than Commercial Items."

For more on FAC 2001-14, see the May 22, 2003, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 2001-14, Miscellaneous Amendments." For more on FAC 2001-19, see the January 7, 2004, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 2001-19, SF 330 Effectivity Delay and Free Trade Acts." For more on FAC 2001-23, see the May 5, 2004, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 2001-23 and Small Business Administration (SBA), Program for Service-Disabled Veteran-Owned Small Business Concerns."

EFFECTIVE DATE: July 27, 2004.

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.

SUPPLEMENTAL INFORMATION: On March 22, 2004, NASA published an interim rule that made changes to NFS 1852.213-70(e) and (f) to conform to changes made to FAR 52.225-2, Buy American Act Certificate, FAR 52.225-4, Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate, and FAR 52.225-6, Trade Agreements Certificate, by FACs 2001-14 and 2001-19. Specifically, FAC 2001-14 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. FAC 2001-19 made changes to implement the new Free Trade Agreements with Chile and Singapore. These changes included removing references to "North American Free Trade Agreement" and incorporating the new concept of "Free Trade Agreements."

NFS 1852.213-70 provides a consolidated set of representations and certifications for use under non-commercial simplified acquisitions. To bring NFS 1852.213-70 into conformance with the FAR changes, the interim rule revised:

NASA is adopting the interim rule as final with one clarifying change to correct an ambiguity in the definition of "service-disabled veteran-owned small business (SDVOSB) concern" in NFS 1852.213-70. Paragraph (a)(1)(ii) of the definition stated that, to qualify as a SDVOSB concern, a firm's management and daily business operations must be 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." The definition of SDVOSB concern in FAR 2.101, Definitions, contained the same condition, but it was clarified by FAC 2001-23 with the addition of "service-disabled" before "veteran with permanent and severe disability" to clarify that those controlling the management and daily business operations of the SDVOSB cannot cannot merely be "veterans." The same clarification is made to NFS 1852.213-70(a)(1)(ii).

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

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