Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations 58687

FOR FURTHER INFORMATION CONTACT:

Rose Crellin or Greg Lipscomb, Formal

Complaints and Information Branch,

Enforcement Division, Common Carrier

Bureau. (202) 418–0960.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–28759 Filed 10–29–97; 8:45 am]

BILLING CODE 6712–01–P–M

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1807, 1816, 1817, 1827,

1832, 1837, 1842, 1845, and 1852

Miscellaneous Revisions to the NASA

FAR Supplement

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Final rule.

SUMMARY: This is a final rule amending

the NASA FAR Supplement (NFS) to

specify sources of the NASA

Acquisition Forecast; amend regulations

on types of contracts and special

contracting methods; correct errors in

regulations on patents, data, and

copyrights; add new language on

contract financing; remove unnecessary

language relating to service contracting;

implement direct submission of

vouchers to NASA paying offices; and

clarify contractor property reporting

requirements.

EFFECTIVE DATE: October 30, 1997.

FOR FURTHER INFORMATION CONTACT: Tom

O’Toole, NASA, Office of Procurement,

Contract Management Division (Code

HK), (202) 358–0478.

SUPPLEMENTARY INFORMATION:

Background

NFS 1807.7205(a) specifies the

Internet URL to obtain the annual NASA

Acquisition Forecast and its semiannual

update. This URL is outdated and is

corrected. Paragraph (b) of this section

specifies that a hard copy of the forecast

may be obtained from the Headquarters

Office of Procurement (HS) and the

Office of Small and Disadvantaged

Business Utilization (Code K). NASA

believes electronic access is the most

efficient method to disseminate

information in an expedient manner,

and the hard copy availability is

deleted. Changes are made in Part 1816

to revise existing language and add a

new section 1816.404. Changes are

made to Part 1817 to remove paragraph

(a)(2) from section 1817.7001 and

transferring it to a new subpart 1817.72.

Changes are made to Part 1827 to

reinsert language inadvertently deleted

in the NFS Rewrite (1827.301) and

correct a typographical error (1827.303–

70). The change in Part 1837 is to delete

paragraph (c) of section 1837.110–70.

Changes are made to Parts 1842 and

1852 to implement a Defense Contract

Audit Agency (DCAA) program for

contractor direct submission of interim

vouchers to NASA paying offices

without prior DCAA review. Finally,

NFS Part 1845 is clarified to specify that

fee associated with fabrication of

Government property shall be included

in Contractor Government property

reports.

Impact

NASA certifies that this regulation

will not have a significant economic

impact on a substantial number of small

business entities under the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.).

This final rule does not impose any

reporting or recordkeeping requirements

subject to the Paperwork Reduction Act.

List of Subjects in 48 CFR Parts 1807,

1816, 1817, 1827, 1832, 1837, 1842,

1845, and 1852

Government procurement.

Tom Luedtke,

Deputy Associate Administrator for

Procurement.

Accordingly, 48 CFR Parts 1807, 1816,

1817, 1827, 1832, 1837, 1842, 1845, and

1852 are amended as follows:

1. The authority citation for 48 CFR

Parts 1807, 1816, 1817, 1827, 1832,

1837, 1842, 1845, and 1852 continues to

read as follows:

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

PART 1807—ACQUISITION PLANNING

1807.105 [Amended]

2. In section 1807.105, the designated

paragraph (b)(19) is redesignated as

paragraph (b)(20).

1807.7205 [Amended]

3. Section 1807.7205 is revised to read

as follows:

1807.7205 Public availability.

The annual forecast and semiannual

update are available on the NASA

Acquisition Internet Service (http://

www.hq.nasa.gov/office/procurement/).

PART 1816—TYPES OF CONTRACTS

1816.402–270 [Amended]

4. In paragraph (a) to section

1816.402–270, the phase ‘‘total

estimated cost and fee’’ is revised to

read ‘‘total value (including options)’’.

1816.404 [Added]

5. Section 1816.404 is added to read

as follows:

1816.404 Fixed-price contracts with award

fees.

Section 1816.405–2 applies to the use

of FPAF contracts as if they were CPAF

contracts. However, neither base fee (see

1816.405–271) nor evaluation of cost

control (see 1816.405–274) apply to

FPAF contracts.

1816.406–70 [Amended]

6. In paragraph (a) to section

1816.406–70, the phrase ‘‘a cost-plusaward-fee’’ is revised to read ‘‘an awardfee’’.

7. In paragraph (b) to section

1816.406–70, the phrase ‘‘a cost-plusaward-fee’’ is revised to read ‘‘an awardfee’’, and the following sentence is

added to the end of the paragraph:

‘‘When the clause is used in a fixedprice award fee contract, it shall be

modified by deleting references to base

fee in paragraphs (a), and by deleting

paragraph (c)(1), the last sentence of

(c)(4), and the first sentence of (c)(5).’’

8. In paragraph (e) to section

1816.406–70, the phrase ‘‘cost-plusaward-fee’’ is revised to read ‘‘an awardfee’’, and the following sentence is

added to the end of the paragraph:

‘‘When the clause is used in a fixedprice award fee contract, it shall be

modified to delete references to base fee

and to reflect the contract type.’’

PART 1817—SPECIAL CONTRACTING

METHODS

1817.503 [Amended]

9. In section 1817.503, the existing

paragraph is redesignated as ‘‘(2)’’ and

a new paragraph (a) is added to read as

follows:

1817.503 Determinations and findings

requirements.

(a) See 1817.72 for additional

information on interagency transaction

requirements.

* * * * *

1817.7001 [Amended]

10. In section 1817.7001, paragraph

(a)(1) is redesignated as paragraph (a),

and paragraph (a)(2) is removed.

Subpart 1817.72—[Added]

11. Subpart 1817.72 is added to read

as follows:

Subpart 1817.72—Interagency

Transactions

1817.7201 Policy.

(a) Although the Space Act provides

interagency transaction authority nearly

equivalent to the Economy Act, NASA

has elected to conform its

implementation of the Space Act to the

requirements of the Economy Act.
58688 Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations

Therefore, unless exempt from the

Economy Act for reasons other than the

general authority of the Space Act,

interagency acquisitions shall be

supported by a Determination and

Findings equivalent to that required for

Economy Act transactions (see FAR

17.503 and 1817.503). This requirement

applies to all purchases of goods or

services under contracts entered into or

administered by the Military

Departments or other agencies. The

Space Act may be cited as authority for

a transaction where appropriate, but

that does not provide relief from this

D&F requirement.

(b) The determination described in

paragraph (a) of this section is not

required for contracts awarded under

the Space Act to Government agencies

pursuant to a Broad Agency

Announcement when a review of the

acquisition records would make it

obvious that the award is nor being used

as a method of circumventing regulatory

or statutory requirements, particularly

FAR part 6, Competition Requirements

(e.g., when a significant number and

value of awards made under the BAA

are made to entities other than

Government agencies).

PART 1827—PATENTS, DATA, AND

COPYRIGHTS

1827.301 [Amended]

12. In section 1827.301, the definition

of ‘‘Reportable item’’ is amended by

inserting the phrase ‘‘in the performance

of any work under any NASA contract

or’’ after the word ‘‘made’’.

1827.303–70 [Amended]

13. In 1827.303–70(b)(6), the reference

‘‘subparagraphs (a) through (e) of this

paragraph’’ is revised to read

‘‘paragraphs (b)(1) through (5) of this

section’’.

PART 1832—CONTRACT FINANCING

1832.412 [Amended]

14. In section 1832.412, paragraph (f)

is redesignated as paragraph (f)(1), and

a new paragraph (f)(2) is added to read

as follows:

1832.412 Contract clause. (NASA

supplements paragraphs (a), (e) and (f)).

* * * * *

(f)(1) * * *

(f) Requirements for payment. * * *

(2) When FAR clause 52.232–12,

Advance Payments, is used with its

Alternate V, the contracting officer shall

modify Alternate V of the clause at FAR

52.232–12 by substituting the following

for paragraph (b). Annotate the clause

title by adding ‘‘as modified by NASA

(Oct 1997).’’

‘‘(b) Use of funds. The Contractor may use

advance payment funds only to pay for

properly allocable, allowable, and reasonable

costs for direct materials, direct labor,

indirect costs, or such other costs approved

in writing by the administering contracting

office. Payments are subject to any

restrictions in other clauses of this contract.

Determinations of whether costs are properly

allocable, allowable, and reasonable shall be

in accordance with generally accepted

accounting principles, subject to any

applicable subparts of part 31 of the Federal

Acquisition Regulation or other applicable

regulations referenced in part 31.’’

PART 1837—SERVICE CONTRACTING

1837.110–70 [Amended]

15. In section 1837.110–70, paragraph

(c) is removed.

PART 1842—CONTRACT

ADMINISTRATION

1842.803 [Amended]

16. In section 1842.803, a new

paragraph (b)(1)(D) is added to read as

follows:

1842.803 Disallowing costs after

incurrence. (NASA supplements paragraph

(b))

(b) * * *

(1) * * *

(D) Authorizing direct submission of

interim vouchers for provisional

payment to disbursing offices for

contractors with approved billing

systems.

* * * * *

PART 1845—GOVERNMENT

PROPERTY

1845.7101–3 [Amended]

17. In section 1845.7101–3, a sentence

is added to the end of paragraph (b) to

read as follows:

1845.7101–3 Computing costs of

fabricated special tooling, special test

equipment, agency-peculiar property, and

contract work in process.

(a) * * *

(b) * * * In addition, fees paid by the

Government to the contractor associated

with the fabrication of Government

property shall be included in the values

reported on NF 1018 to enable NASA to

properly reflect the total cost of property

on its financial statements.

* * * * *

1852—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

1852.216–87 [Amended]

18. Section 1852.216–87 is amended

by adding new paragraph (b)(4) and

revising the clause date to read as

follows:

1852.216–87 Submission of Vouchers for

Payment.

As prescribed in 1816.307–70(e),

insert the following clause:

SUBMISSION OF VOUCHERS FOR

PAYMENT OCTOBER 1997

* * * * *

(b) * * *

(4) For any period that the Defense

Contract Audit Agency has authorized

the Contractor to submit interim

vouchers directly to the Government

paying office, interim vouchers are not

required to be sent to the Auditor, and

are considered to be provisionally

approved for payment, subject to final

audit.

* * * * *

1852.237–72 [Removed]

19. Section 1852.237–72 is removed.

[FR Doc. 97–28636 Filed 10–29–97; 8:45 am]

BILLING CODE 7510–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961126334–7025–02; I.D.

102497C]

Fisheries of the Exclusive Economic

Zone Off Alaska, Pacific Cod in the

Central Regulatory Area of the Gulf of

Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing directed

fishing for Pacific cod by vessels

catching Pacific cod for processing by

the inshore component in the Central

Regulatory Area of the Gulf of Alaska

(GOA). This action is necessary to

prevent exceeding the allocation of

Pacific cod total allowable catch (TAC)

for processing by the inshore

component in the Central Regulatory

Area of the GOA.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), October 27, 1997, until

2400 hrs, A.l.t., December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Thomas Pearson, 907–486–6919.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the GOA exclusive

economic zone is managed by NMFS

according to the Fishery Management