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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: November 17, 2003

SUBJECT: Reissuance of National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS) Parts 1801 Through 1812

SOURCE: Federal Register, November 17, 2003, Vol. 68, No. 221, page 64847

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 1801 through 1812 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 the NFS 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.

DATES: Comments on the proposed rule should be submitted on or before January 16, 2004.

ADDRESSES: Submit comments 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 Since FAR 1.303, Publication and Codification, states that issuances under FAR 1.301(a)(2) need not be published in the Federal Register, NASA is not required to publish and codify internal agency guidance, but has been doing so as a matter of policy.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 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).

The following portions of NFS Parts 1801 through 1812 would be removed from the CFR version of the NFS:

In addition, NFS 1807.7202, Policy, would be redesignated as NFS 1807.7200, paragraph (a), and the text of NFS 1807.7205, Public Availability, would be incorporated as paragraph (b).

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

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