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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: May 21, 2004

SUBJECT: Reissuance of National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS) Parts 1852, 1853, and 1872

SOURCE: Federal Register, May 21, 2004, Vol. 69, No. 99, page 29256

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 Part 1852, Solicitation Provisions and Contract Clauses, NFS Part 1853, Forms, and NFS Part 1872, Acquisitions of Investigations, 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 1852, 1853, and 1872 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: The Internet version of the NFS is available at http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm.

For more on the removal of internal administrative procedures and guidance from NFS Parts 1801 through 1825, see today's FEDERAL CONTRACTS DISPATCH "Reissuance of National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS) Parts 1801 Through 1825."

For more on the proposed removal of internal administrative procedures and guidance from NFS Parts 1827 through 1833, see the March 12, 2004, FEDERAL CONTRACTS DISPATCH "Reissuance of National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS) Parts 1827 Through 1833."

For more on the proposed removal of internal administrative procedures and guidance from NFS Parts 1834 through 1841, see the March 31, 2004, FEDERAL CONTRACTS DISPATCH "Reissuance of National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS) Parts 1834 Through 1841."

For more on the proposed removal of internal administrative procedures and guidance from NFS Parts 1842 through 1851, see the April 22, 2004, FEDERAL CONTRACTS DISPATCH "Reissuance of National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS) Parts 1842 Through 1851."

DATES: Comments on the proposed rule should be submitted on or before July 20, 2004.

ADDRESSES: Submit comments through the e-Rulemaking portal at http://www.regulations.gov (refer to "RIN number 2700-AC88"); 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.

The final rules published April 22, 2004, which revise NFS 1801 through 1825 have changed 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 continues 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) will 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, will be incorporated into the Internet version of the NFS through Procurement Notices (PNs).

This proposed rule would remove 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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