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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: October 31, 2003

SUBJECT: National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Conformance with FAC 2001-14 and FAC 2001-15

SOURCE: Federal Register, October 31, 2003, Vol. 68, No. 211, page 62022

AGENCIES: National Aeronautics and Space Administration (NASA)

ACTION: Final Rule

SYNOPSIS: NASA is revising the NFS to bring it into conformance with changes made to the Federal Acquisition Regulation (FAR) by Federal Acquisition Circular (FAC) 2001-14 and FAC 2001-15, specifically: revising the definition of "United States"; implementing environmental management system (EMS) requirements; and removing the requirement for the submission of Standard Form (SF) 129, Solicitation Mailing List Application. In addition, the designated NASA ombudsman is revised.

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 2001-15, see the July 24, 2003, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 2001-15, Miscellaneous Amendments."

EFFECTIVE DATE: October 31, 2003.

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 following changes are being made to the NFS:

• Item (1) of FAC 2001-14 amended the FAR to clarify the use of the term "United States" when used in a geographic sense. NFS 1825.7001, Definition, is amended to remove the phrase "its possessions, and Puerto Rico" from the definition of "foreign contract acquisition" since it is no longer necessary based on the definition of "United States" in FAR Part 25, Foreign Acquisition.
  
  
• Item (1) of FAC 2001-15 eliminated the SF 129 because, with the electronic posting of contracting opportunities on FedBizOpps (http://www.FedBizOpps.gov), there is no longer a need for mailing lists. Therefore, NFS 1805.205, Special Situations, which required potential sources responding to research and development advance notices to submit a SF 129, is removed.
  
  
• Item (5) of FAC 2001-15 requires insertion of Alternates I or II to FAR clause 52.223-5, Pollution Prevention and Right-to-Know Information, in certain contracts that provide for performance on a federal facility if an Environmental Management System (EMS) is being implemented. NASA is implementing an EMS. This change adds NFS Subpart 1823.10, Federal Compliance With Right-to-Know Laws and Pollution Prevention Requirements, consisting of NFS 1823.1005, Contract Clause, to provide provide guidance on when to use the alternates.
  
  
• Paragraph (b) of NFS 1852.215-84, Ombudsman, is revised by removing "202-358-0422, facsimile 202-358-3083, e-mail sthomps1@hq.nasa.gov" and adding in its place "202-358-0445, facsimile 202-358-3083, e-mail james.a.balinskas@nasa.gov."

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

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