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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: March 22, 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. 55, page 13260

AGENCIES: National Aeronautics and Space Administration (NASA)

ACTION: Interim Rule

SYNOPSIS: NASA is amending 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 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."

DATES: This interim rule is effective March 22, 2004. Comments on the interim rule must be submitted on or before May 21, 2004.

ADDRESSES: Comments on the interim rule must cite "RIN number 2700-AC97," and may be submitted through the Federal eRulemaking Portal at http://www.regulations.gov; 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: This interim rule makes 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 recent FAR changes:

In addition to these changes, the interim rule updates and corrects several references and makes minor editorial changes.

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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