30012 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

a television broadcast network-entity, a

low power TV station, or a TV translator

station.

47. Section 74.601 is revised to read

as follows:

§ 74.601 Classes of TV broadcast auxiliary

stations.

(a) TV pickup stations. A land mobile

station used for the transmission of TV

program material and related

communications from scenes of events

occurring at points removed from TV

station studios to a TV broadcast, Class

A TV or low power TV station or other

purposes as authorized in § 74.631.

(b) TV STL station (studio-transmitter

link). A fixed station used for the

transmission of TV program material

and related communications from the

studio to the transmitter of a TV

broadcast, Class A TV or low power TV

station or other purposes as authorized

in § 74.631.

(c) TV relay station. A fixed station

used for transmission of TV program

material and related communications

for use by TV broadcast, Class A TV and

low power TV stations or other

purposes as authorized in § 74.631.

(d) TV translator relay station. A fixed

station used for relaying programs and

signals of TV broadcast or Class A TV

stations to Class A TV, LPTV, TV

translator, and to other communications

facilities that the Commission may

authorize or for other purposes as

permitted by § 74.631.

(e) TV broadcast licensee. Licensees

and permittees of TV broadcast, Class A

TV and low power TV stations, unless

specifically otherwise indicated.

(f) TV microwave booster station. A

fixed station in the TV broadcast

auxiliary service that receives and

amplifies signals of a TV pickup, TV

STL, TV relay, or TV translator relay

station and retransmits them on the

same frequency.

48. Section 74.602 is amended by

revising paragraphs (f) and (h) to read as

follows:

§ 74.602 Frequency assignment.

* * * * *

(f) TV auxiliary stations licensed to

low power TV stations and translator

relay stations will be assigned on a

secondary basis, i.e., subject to the

condition that no harmful interference

is caused to other TV auxiliary stations

assigned to TV broadcast and Class A

TV stations, or to community antenna

relay stations (CARS) operating between

12,700 and 13,200 MHz. Auxiliary

stations licensed to low power TV

stations and translator relay stations

must accept any interference caused by

stations having primary use of TV

auxiliary frequencies.

* * * * *

(h) TV STL and TV relay stations may

be authorized, on a secondary basis and

subject to the provisions of Subpart G of

this chapter, to operate fixed point-topoint service on the UHF–TV channels

14–69. These stations must not interfere

with and must accept interference from

current and future full-power UHF–TV

stations, Class A TV stations, LPTV

stations, and TV translator stations.

They will also be secondary to current

land mobile stations (in areas where

land mobile sharing is currently

permitted and contingent on the

decision reached in the pending Dockets

No. 85–172 and No. 84–902).

* * * * *

49. Section 74.703 is amended by

revising paragraph (a) to read as follows:

§ 74.703 Interference.

(a) An application for a new low

power TV, TV translator, or TV booster

station or for a change in the facilities

of such an authorized station will not be

granted when it is apparent that

interference will be caused. Except

where there is a written agreement

between the affected parties to accept

interference, or where it can be shown

that interference will not occur due to

terrain shielding and/or Longley-Rice

terrain dependent propagation methods,

the licensee of a new low power TV, TV

translator, or TV booster shall protect

existing low power TV and TV

translator stations from interference

within the protected contour defined in

§ 74.707 and shall protect existing Class

A TV and digital Class A TV stations

within the protected contours defined in

§ 73.6010 of this chapter. Such written

agreement shall accompany the

application. Guidance on using the

Longley-Rice methodology is provided

in OET Bulletin No. 69. Copies of OET

Bulletin No. 69 may be inspected during

normal business hours at the: Federal

Communications Commission, 445 12th

Street, S.W., Reference Information

Center (Room CY–A257), Washington,

DC 20554. This document is also

available through the Internet on the

FCC Home Page at http://www.fcc.gov/

oet/info/documents/bulletins/#69.

* * * * *

50. Subpart G is amended by adding

a new § 74.708 to read as follows:

§ 74.708 Class A TV and digital Class A TV

station protection.

(a) The Class A TV and digital Class

A TV station protected contours are

specified in § 73.6010 of this chapter.

(b) An application to construct a new

low power TV, TV translator, or TV

booster station or change the facilities of

an existing station will not be accepted

if it fails to protect an authorized Class

A TV or digital Class A TV station or an

application for such a station filed prior

to the date the low power TV, TV

translator, or TV booster application is

filed.

(c) Applications for low power TV,

TV translator and TV booster stations

shall protect Class A TV stations

pursuant to the requirements specified

in paragraphs (b) through (e) of § 74.707.

(d) Applications for low power TV,

TV translator and TV booster stations

shall protect digital Class A TV stations

pursuant to the following requirements:

(i) An application must not specify an

antenna site within the protected

contour of a co-channel digital Class A

TV station.

(ii) The ratio in dB of the field

strength of the low power TV, TV

translator or TV booster station to that

of the digital Class A TV station must

meet the requirements specified in

paragraph (d) of § 74.706, calculated

using the propagation methods specified

in paragraph (c) of that section.

[FR Doc. 00–11481 Filed 5–9–00; 8:45 am]

BILLING CODE 6712–01–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1815, 1819, and 1852

Elimination of Elements as a Category

in Evaluations

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Final Rule.

SUMMARY: This final rule amends the

NASA FAR Supplement (NFS) by

eliminating the term ‘‘elements’’ as a

category in evaluations. NASA does not

numerically weight and score

‘‘elements’’ and therefore they have

ceased to have significance in the

evaluation and award of NASA’s

contracts.

EFFECTIVE DATE: May 10, 2000.

FOR FURTHER INFORMATION CONTACT: Paul

Brundage, (202) 358–0481, email:

pbrundage@hq.nasa.gov.

SUPPLEMENTARY INFORMATION:

A. Background

A proposed rule was published in the

Federal Register on December 16, 1999

(64 FR 70208–70209). No comments

were received. This final rule adopts the

proposed rule without change.

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 30013

B. Regulatory Flexibility Act

NASA certifies that this rule will not

have a significant economic impact on

a substantial number of small business

entities within the meaning of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) because the change modifies

administrative procedures and does not

impose any new requirements on

offerors or contractors.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

NFS do not impose record keeping or

information collection requirements, or

collections of information from offerors,

contractors, or members of the public

which require the approval of the Office

of Management and Budget under 44

U.S.C. 3501, et seq.

Lists of Subjects in 48 CFR Parts 1815,

1819, and 1852

Government procurement.

Tom Luedtke,

Associate Administrator for Procurement.

Accordingly, 48 CFR parts 1815, 1819,

and 1852 are amended as follows:

1. The authority citation for 48 CFR

Parts 1815, 1819, and 1852 continues to

read as follows:

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

PART 1815—CONTRACTING BY

NEGOTIATION

1815.303 [Amended]

2. In section 1815.303, paragraph

(b)(i)(A) is amended by removing the

words ‘‘and elements,’’.

3. In section 1815.304–70, paragraphs

(a) and (b) are revised to read as follows:

1815.304–70 NASA evaluation factors.

(a) Typically, NASA establishes three

evaluation factors: Mission Suitability,

Cost/Price, and Past Performance.

Evaluation factors may be further

defined by subfactors. Evaluation

subfactors should be structured to

identify significant discriminators, or

‘‘key swingers’’—the essential

information required to support a source

selection decision. Too many subfactors

undermine effective proposal

evaluation. All evaluation subfactors

should be clearly defined to avoid

overlap and redundancy.

(b) Mission Suitability factor. (1) This

factor indicates the merit or excellence

of the work to be performed or product

to be delivered. It includes, as

appropriate, both technical and

management subfactors. Mission

Suitability shall be numerically

weighted and scored on a 1000-point

scale.

(2) The Mission Suitability factor may

identify evaluation subfactors to further

define the content of the factor. Each

Mission Suitability subfactor shall be

weighted and scored. The adjectival

rating percentages in 1815.305(a)(3)(A)

shall be applied to the subfactor weight

to determine the point score. The

number of Mission Suitability

subfactors is limited to five. The

Mission Suitability evaluation

subfactors and their weights shall be

identified in the RFP.

(3) For cost reimbursement

acquisitions, the Mission Suitability

evaluation shall also include the results

of any cost realism analysis. The RFP

shall notify offerors that the realism of

proposed costs may significantly affect

their Mission Suitability scores.

* * * * *

4. In section 1815.370, paragraphs (b),

(d)(4), and (h)(2) are revised; paragraph

(h)(3)(ii) is amended by removing

‘‘elements,’’; paragraph (i)(3) is

amended by removing ‘‘and elements,’’;

and paragraphs (i)(6)(ii) and (i)(7) are

revised to read as follows:

1815.370 NASA source evaluation boards.

* * * * *

(b) The SEB assists the SSA by

providing expert analyses of the

offerors’ proposals in relation to the

evaluation factors and subfactors

contained in the solicitation. The SEB

will prepare and present its findings to

the SSA, avoiding trade-off judgments

among either the individual offerors or

among the evaluation factors. The SEB

will not make recommendations for

selection to the SSA.

* * * * *

(d) * * *

(4) An SEB committee functions as a

factfinding arm of the SEB, usually in a

broad grouping of related disciplines

(e.g., technical or management). The

committee evaluates in detail each

proposal, or portion thereof, assigned by

the SEB in accordance with the

approved evaluation factors and

subfactors and summarizes its

evaluation in a written report to the

SEB. The committee will also respond

to requirements assigned by the SEB,

including further justification or

reconsideration of its findings.

Committee chairpersons shall manage

the administrative and procedural

matters of their committees.

* * * * *

(h) * * *

(2) The presentation shall focus on the

significant strengths, deficiencies, and

significant weaknesses found in the

proposals, the probable cost of each

proposal, and any significant issues and

problems identified by the SEB. This

presentation must explain any

applicable special standards of

responsibility; evaluation factors and

subfactors; the significant strengths and

significant weaknesses of the offerors;

the Government cost estimate, if

applicable; the offerors’ proposed cost/

price; the probable cost; the proposed

fee arrangements; and the final

adjectival ratings and scores to the

subfactor level.

* * * * *

(i) * * *

(6) * * *

(ii) Directly relate the significant

strengths, deficiencies, and significant

weaknesses to the evaluation factors and

subfactors.

* * * * *

(7) Final Mission Suitability Ratings

and Scores. Summarizes the evaluation

subfactors, the maximum points

achievable, and the scores of the offerors

in the competitive range.

* * * * *

PART 1819—SMALL BUSINESS

PROGRAMS

1819.7206 [Amended]

5. In section 1819.7206, paragraph (a)

is amended by removing the words ‘‘or

element’’.

PART 1852—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

1852.217–71 [Amended]

6. In section 1852.217–71,

‘‘(OCTOBER 1998)’’ is revised to read

‘‘(MAY 2000)’’, and paragraph (g) is

amended by removing the words ‘‘and

elements’’.

1852.217–72 [Amended]

7. In section 1852.217–72,

‘‘(OCTOBER 1998)’’ is revised to read

‘‘(MAY 2000)’’, and paragraph (g) is

amended by removing the words ‘‘and

elements’’.

[FR Doc. 00–11729 Filed 5–9–00; 8:45 am]

BILLING CODE 7510–01–P