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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: March 12, 2004

SUBJECT: Reissuance of National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS) Parts 1827 Through 1833

SOURCE: Federal Register, March 12, 2004, Vol. 69, No. 49, page 11828

AGENCIES: National Aeronautics and Space Administration (NASA)

ACTION: Proposed Rule

SYNOPSIS: NASA is proposing to remove from the Code of Federal Regulations (CFR) version of the NFS those portions of NFS Parts 1827 through 1833 containing information that consists of internal administrative procedures and guidance that does not control the relationship between NASA and contractors or prospective contractors. All that would remain in the CFR version of NFS Parts 1827 through 1833 is information requiring codification and subject to public comment. The Internet version of the NFS will continue to contain both information requiring codification and internal agency guidance.

EDITOR'S NOTE: For more on the proposed removal of internal administrative procedures and guidance from NFS Parts 1801 through 1812, see the November 17, 2003, FEDERAL CONTRACTS DISPATCH "Reissuance of National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS)."

For more on the proposed removal of internal administrative procedures and guidance from NFS Parts 1813 through 1825, see the December 22, 2003, FEDERAL CONTRACTS DISPATCH "Reissuance of National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS) Parts 1813 Through 1825."

DATES: Comments on the proposed rule should be submitted on or before May 11, 2004.

ADDRESSES: Submit comments through the e-Rulemaking portal at http://www.regulations.gov (refer to "RIN number 2700-AC86"); to Celeste Dalton, NASA, Office of Procurement, Contract Management Division (Code HK), Washington DC 20546; or 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.

SUPPLEMENTAL INFORMATION: The NFS contains information to implement or supplement the FAR. This information contains NASA's policies, procedures, contract clauses, solicitation provisions, and forms that govern the contracting process or otherwise control the relationship between NASA and contractors or prospective contractors. The NFS also contains information that consists of internal administrative procedures and guidance that does not control the relationship between NASA and contractors or prospective contractors.

Federal Acquisition Regulation (FAR) Subpart 1.3 addresses agency acquisition regulations. Paragraph (a)(2) of FAR 1.301, Policy, states that "an agency head may issue or authorize the issuance of internal agency guidance at any organizational level (e.g., designations and delegations of authority, assignments of responsibilities, work-flow procedures, and internal reporting requirements)." Since FAR 1.303, Publication and Codification, states that issuances under FAR 1.301(a)(2) need not be published in the Federal Register, NASA is not required to publish and codify internal agency guidance, but has been doing so as a matter of policy.

This proposed rule and the ones published November 17, 2003, and December 22, 2003, would revise the existing practice by publishing in the CFR version of the NFS only those regulations that may have a significant effect beyond the internal operating procedures of the agency or have a significant cost or administrative impact on contractors or offerors. The Internet version of the NFS (available at http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm) would continue to provide, in a single document, both the regulations subject to public comments and internal agency guidance and procedures that do not require public comment. Changes to the CFR version of the NFS (that is, the portions of the NFS that require public comment) would continue to be amended by publishing changes in the Federal Register. Changes to the CFR version of the NFS, along with changes to internal guidance and procedures, would be incorporated into the Internet version of the NFS through Procurement Notices (PNs).

This proposed rule would remove the following portions of NFS Parts 1827 through 1833 from the CFR version of the NFS:

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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