[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Rules and Regulations]
[Pages 82275-82276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25761]



[[Page 82275]]

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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.

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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:

0
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

0
2. Revise the heading for subpart 1832.1 to read as follows:

Subpart 1832.1--Financing for Other Than a Commercial Purchase


0
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

0
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)

* * * * *


0
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)

* * * * *


0
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
----------------------------------------------------------------------------------------------------------------
                                                                                                If not provided
                                                                                               explain (may use
           References                        Submission item              Proposal page No.   continuation pages
                                                                                               traceable to this
                                                                                                  checklist)
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                                                  * * * * * * *
17. FAR 52.215-20, FAR 2.101,     Has the offeror submitted an
 ``commercial product and          exception to the submission of
 commercial service''.             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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                                  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)?
 
                                                  * * * * * * *
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* * * * *


0
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)

* * * * *


0
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]
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