Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Rules and Regulations 82275 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1832 and 1852 

[Notice: 23–119] 

RIN 2700–AE71 

Federal Acquisition Regulation 

Supplement: Revision of the Definition 

of ‘‘Commercial Item’’ (NFS Case 2022– 

N003); Corrections 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Correcting amendment. 

SUMMARY: On September 19, 2023, the 

National Aeronautics and Space 

Administration (NASA) revised its rule 

concerning the definition of a 

commercial item for consistency with 

the FAR. However, that document 

inadvertently failed to update the dates 

associated with the NASA FAR 

Supplement provisions and clauses that 

were revised as a result of the changes 

to the commercial item definition and 

some references were erroneously 

unchanged. This document corrects the 

final regulations. 

DATES: Effective November 24, 2023. 

FOR FURTHER INFORMATION CONTACT: 

James Becker, NASA HQs, Office of 

Procurement Management and Policy 

Division, LP–011, 300 E Street SW, 

Washington, DC 20456–0001. 

Telephone 202–358–1286; facsimile 301 

286–1296; facsimile 202 358–3082. 

SUPPLEMENTARY INFORMATION: The rule 

was published in the Federal Register 

on September 19, 2023 (88 FR 64385). 

This document makes corrections to the 

rule which became effective on October 

19, 2023 (88 FR 64835). 

List of Subjects in 48 CFR Parts 1832 

and 1852 

Government procurement. 

Accordingly, 48 CFR parts 1832 and 

1852 are corrected by making the 

following correcting amendments: 

■ 1. The authority citation for parts 

1832 and 1852 continues to read as 

follows: 

Authority: 51 U.S.C. 20113(a) and 48 CFR 

chapter 1. 

PART 1832—CONTRACT FINANCING 

■ 2. Revise the heading for subpart 

1832.1 to read as follows: 

Subpart 1832.1—Financing for Other 

Than a Commercial Purchase 

■ 3. Revise the heading for subpart 

1832.2 to read as follows: 

Subpart 1832.2—Commercial Product 

and Commercial Service Purchase 

Financing 

PART 1852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Amend section 1852.213–70 by the 

revising the date of the provision to read 

as follows: 

1852.213–70 Offeror Representations and 

Certifications—Other Than Commercial 

Products and Commercial Services. 

* * * * * 

Offeror Representations and 

Certifications—Other Than Commercial 

Products and Commercial Services 

(OCT 2023) 

* * * * * 

■ 5. Amend section 1852.213–71 by 

revising the date of the provision to read 

as follows: 

1852.213–71 Evaluation—Other Than 

Commercial Products and Commercial 

Services. 

* * * * * 

Evaluation—Other Than Commercial 

Products and Commercial Services 

(OCT 2023) 

* * * * * 

■ 6. Amend section 1852.215–85 by 

revising the section heading, date of the 

provision, and entry 17 of the checklist 

to read as follows: 

1852.215–85 Proposal Adequacy 

Checklist. 

* * * * * 

Proposal Adequacy Checklist (OCT 

2023) 

* * * * * 

PROPOSAL ADEQUACY CHECKLIST

References Submission item Proposal page 

No. 

If not provided 

explain (may use 

continuation 

pages traceable 

to this checklist) 

*******

17. FAR 52.215–20, FAR 2.101, 

‘‘commercial product and commercial service’’.

Has the offeror submitted an exception to the submission of certified 

cost or pricing data for Commercial Products and Commercial 

Services proposed either at the prime or subcontractor level, in accordance with provision 52.215–20? 

a. Has the offeror specifically identified the type of commercial product and commercial service (FAR 2.101 commercial product and 

commercial service definition) and the basis on which it meets the 

definition? 

b. For modified commercial products and commercial services (FAR 

2.101 commercial product and commercial service); did the offeror 

classify the modification(s) as either— 

i. A modification of a type customarily available in the commercial 

marketplace (paragraph (3)(i)); or 

ii. A minor modification (paragraph (3)(ii)) of a type not customarily 

available in the commercial marketplace made to meet Federal 

Government requirements not exceeding the thresholds in FAR 

15.403–1(c)(3)(iii)(B)? 


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82276 Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Rules and Regulations 

PROPOSAL ADEQUACY CHECKLIST—Continued 

References Submission item Proposal page 

No. 

If not provided 

explain (may use 

continuation 

pages traceable 

to this checklist) 

c. For proposed commercial products and commercial services ‘‘of a 

type’’, or ‘‘evolved’’ or modified (FAR 2.101 commercial product 

and commercial service definition) did the contractor provide a 

technical description of the differences between the proposed item 

and the comparison item(s)? 

* * * * * * * 

* * * * * 

■ 7. Amend section 1852.223–74 by 

revising the section heading and date of 

the clause to read as follows: 

1852.223–74 Drug- and Alcohol-Free 

Workforce. 

* * * * * 

Drug- and Alcohol-Free Workforce 

(OCT 2023) 

* * * * * 

■ 8. Amend section 1852.246–74 by 

revising the clause heading and date to 

read as follows: 

1852.246–74 Contractor Counterfeit 

Electronic Part Detection and Avoidance. 

* * * * * 

Contractor Counterfeit Electronic Part 

Detection and Avoidance (OCT 2023) 

* * * * * 

Dated: November 15, 2023. 

Erica Jones, 

NASA FAR Supplement Manager. 

[FR Doc. 2023–25761 Filed 11–22–23; 8:45 am] 

BILLING CODE 7510–13–P 


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