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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: September 27, 2004

SUBJECT: National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); NASA Research Announcement (NRA) Small Business Subcontracting Plans

SOURCE: Federal Register, September 27, 2004, Vol. 69, No. 186, page 57664

AGENCIES: National Aeronautics and Space Administration (NASA)

ACTION: Proposed Rule

SYNOPSIS: NASA is

proposing to amend NFS 1852.235-72, Instructions for Responding to NASA Research Announcements, to require the submission of a small business subcontracting plan with any NRA proposal having subcontracting possibilities that may result in the award of a contract whose value exceeds $500,000. Also, NASA is proposing to amend NFS 1852.235-73, Final Scientific and Technical Reports, to require material based on or developed under NASA-sponsored projects to include an acknowledgement of NASA sponsorship and a disclaimer of agency endorsement of results.

DATES: Comments on this proposed rule must be received on or before November 26, 2004.

ADDRESSES: Comments on the proposed rule must cite "RIN number 2700-AD03," and may be submitted through the Federal eRulemaking Portal at http://www.regulations.gov; to Patrick Flynn, NASA, Office of Procurement, Contract Management Division (Code HK), Washington, DC 20546; or by e-mail to: patrick.flynn@nasa.gov.

FOR FURTHER INFORMATION CONTACT: Patrick Flynn, NASA, Office of Procurement, Contract Management Division (Code HK); 202-358-0460; e-mail: patrick.flynn@nasa.gov.

SUPPLEMENTAL INFORMATION: The current NRA process requires the successful proposer to submit a Small Business Subcontracting Plan, when appropriate, at the award stage of the NRA. Frequently, it is too late at this stage to consider small business subcontracting at this stage if it was not planned in advance. Therefore, to increase the opportunities for small business participation in NRAs research and development contracting within NASA, this proposed rule would amend paragraph (a)(4) of NFS 1852.235-72 to add the following sentence: "Any proposal from a large business concern that may result in the award of a contract, which exceeds $500,000 and has subcontracting possibilities should include a small business subcontracting plan in accordance with the clause at FAR 52.219-9, Small Business Subcontracting Plan."

Also, the NASA Guidebook for Proposers Responding to a NRA currently advises NRA proposers to document all publications with an acknowledgement and to include a disclaimer on certain published materials. However, regulatory language implementing this requirement does not exist. Therefore, NFS 1852.235-73 would be amended to add the following as paragraph (f) to Alternate II:

"(f) All publications of any material based on or developed under NASA sponsored projects shall include an acknowledgement similar to the following: 'The material is based upon work supported by the National Aeronautics and Space Administration under Contract Number XXXX.'
      "Except for articles or papers published in scientific, technical or professional journals, the exposition of results from NASA supported research shall also include the following disclaimer: 'Any opinions, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the National Aeronautics and Space Administration.'"

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

Copyright 2004 by Panoptic Enterprises. All Rights Reserved.

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