[Federal Register Volume 69, Number 186 (Monday, September 27, 2004)]
[Proposed Rules]
[Pages 57664-57665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21414]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1852

RIN 2700-AD03


NASA Research Announcements--Small Business Subcontracting Plans 
and Publication Acknowledgement and Disclaimers

AGENCY: National Aeronautics and Space Administration.

ACTION: Proposed rule.

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SUMMARY: This proposed rule amends the NASA FAR Supplement to require 
for NASA Research Announcements: Submission of a small business 
subcontracting plan with any proposal having subcontracting 
possibilities that may result in the award of a contract whose value 
exceeds $500,000; and acknowledgement of NASA sponsorship and 
disclaimer of agency endorsement of results.

DATES: Comments must be received by November 26, 2004.

ADDRESSES: Interested parties may submit comments, identified by RIN 
number 2700-AD03, via the Federal eRulemaking Portal: http://

[[Page 57665]]

www.regulations.gov. Follow the instructions for submitting comments. 
Comments may also be submitted to Patrick Flynn, NASA, Office of 
Procurement, Contract Management Division (Code HK), Washington, DC 
20546. Comments can also be submitted by e-mail to: 
<a href="/cdn-cgi/l/email-protection#d2a2b3a6a0bbb1b9fcb4beabbcbc92bcb3a1b3fcb5bda4"><span class="__cf_email__" data-cfemail="e6968792948f858dc8808a9f8888a688879587c8818990">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Patrick Flynn, NASA, Office of 
Procurement, Contract Management Division (Code HK); (202) 358-0460; e-
mail: <a href="/cdn-cgi/l/email-protection#95e5f4e1e7fcf6febbf3f9ecfbfbd5fbf4e6f4bbf2fae3"><span class="__cf_email__" data-cfemail="ed9d8c999f848e86c38b81948383ad838c9e8cc38a829b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

A. General

    The current process requires submission of a Small Business 
Subcontracting Plan when appropriate, at the award stage of the NASA 
Research Announcement (NRA) cycle. It is often too late to consider 
small business subcontracting at this stage if it was not planned in 
advance. Under this proposed rule requiring submission of the plan with 
the proposal, offerors will consider small business subcontracting 
opportunities in their proposal planning process. This change in 
process will significantly increase the opportunities for small 
business participation in NASA Research Announcements and research and 
development contracting within the Agency. The NASA Guidebook for 
Proposers Responding to a NRA currently advises NRA proposers to 
document all publications with an acknowledgement as well as include a 
disclaimer on certain published materials. However, regulatory 
language, which allows implementation of these requirements, does not 
currently exist. This change will require incorporation of the 
acknowledgement and disclaimer language on the appropriate published 
material.
    This proposed rule is not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    This proposed rule does not constitute a significant revision 
within the meaning of FAR 1.501 and Pub. L. 98-577, and publication for 
public comment is not required. However, NASA will consider comments 
from small entities concerning the affected NFS Part 1835 in accordance 
with 5 U.S.C. 610.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes do 
not impose recordkeeping or information collection requirements which 
require the approval of the Office of Management and Budget under 44 
U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 1852

    Government procurement.

Tom Luedtke,
Deputy Chief Acquisition Officer/ Director for Procurement.

    Accordingly, 48 CFR part 1852 is proposed to be amended as follows:

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    1. The authority citation for 48 CFR Part 1852 continues to read as 
follows:

    Authority: 42 U.S.C. 2473(c)(1).

    2. Amend section 1852.235-72 by revising the date of the clause and 
paragraph (a)(4) to read as follows:


1852.235-72  Instructions for responding to NASA research 
announcements.

* * * * *

Instructions for Responding to NASA Research Announcements (Month/Year 
of Final Rule Publication Date)

    (a) * * *
    (4) A contract, grant, cooperative agreement, or other agreement 
may be used to accomplish an effort funded in response to an NRA. NASA 
will determine the appropriate award instrument. Contracts resulting 
from NRAs are subject to the Federal Acquisition Regulation and the 
NASA FAR Supplement. Any proposal from a large business concern that 
may result in the award of a contract, which exceeds $500,000 and has 
subcontracting possibilities should include a small business 
subcontracting plan in accordance with the clause at FAR 52.219-9, 
Small Business Subcontracting Plan. Any resultant grants or cooperative 
agreements will be awarded and administered in accordance with the NASA 
Grant and Cooperative Agreement Handbook (NPR 5800.1).
* * * * *


1852.235-73  [Amended]

    3. A. Amend section 1852.235-73 by revising the date of the clause 
to read [Date of Final Rule publication] and, in the first sentence of 
paragraph (b) removing the reference ``NPG 2200.2A'' and adding `` NPR 
2200.2'' in its place.
    B. Amend section 1852.235-73, Alternate II, by revising the date of 
the clause and adding a new paragraph (f) to read as follows:

Alternate II (Month/Year of Final Rule Publication Date)

* * * * *
    (f) All publications of any material based on or developed under 
NASA sponsored projects shall include an acknowledgement similar to the 
following:
    ``The material is based upon work supported by the National 
Aeronautics and Space Administration under Contract Number XXXX.''


Except for articles or papers published in scientific, technical or 
professional journals, the exposition of results from NASA supported 
research shall also include the following disclaimer:
    ``Any opinions, findings, and conclusions or recommendations 
expressed in this material are those of the author(s) and do not 
necessarily reflect the views of the National Aeronautics and Space 
Administration.''

[FR Doc. 04-21414 Filed 9-24-04; 8:45 am]
BILLING CODE 7510-13-P


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