18580 Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules 

downhole or during the oil/water 

separation process. 

■ 3. Add § 435.34 to read as follows: 

§ 435.34 Pretreatment standards of 

performance for new sources (PSNS). 

(a) PSNS for Wastewater from 

Conventional Oil and Gas Extraction. 

[Reserved] 

(b) PSNS for Wastewater from 

Unconventional Oil and Gas Extraction. 

Except as provided in 40 CFR 403.7 and 

403.13, any new source with discharges 

subject to this section must achieve the 

following pretreatment standards for 

new sources (PSNS). 

(1) There shall be no discharge of 

wastewater pollutants associated with 

production, field exploration, drilling, 

well completion, or well treatment for 

unconventional oil and gas extraction 

(e.g., drilling muds, drill cuttings, 

produced sand, produced water) into 

publicly owned treatment works. 

(2) For the purposes of this section, 

the definitions of unconventional oil 

and gas, drill cuttings, drilling muds, 

produced sand, and produced water are 

as specified in § 435.33(b)(2)(i) through 

(v). 

■ 4. Add subpart H to read as follows: 

Subpart H—Coalbed Methane 

Subcategory [Reserved] 

[FR Doc. 2015–07819 Filed 4–6–15; 8:45 a.m.] 

BILLING CODE 6560–50–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1801, 1802, 1805, 1807, 

1812, 1813, 1823, 1833, 1836, 1847, 

1850, and 1852 

RIN 2700–AE19 

NASA FAR Supplement Regulatory 

Review No. 3 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Proposed rule. 

SUMMARY: NASA is updating the NASA 

FAR Supplement (NFS) with the goal of 

eliminating unnecessary regulation, 

streamlining overly-burdensome 

regulation, clarifying language, and 

simplifying processes where possible. 

This proposed rule is the third and final 

in a series and includes updates and 

revisions to 10 parts of the NFS. On 

January 18, 2011, President Obama 

signed Executive Order (E.O.) 13563, 

Improving Regulations and Regulatory 

Review, directing agencies to develop a 

plan for a retrospective analysis of 

existing regulations. The revisions to 

this proposed rule are part of NASA’s 

retrospective plan under E.O. 13563 

completed in August 2011. 

DATES: Interested parties should submit 

comments to NASA at the address 

below on or before June 8, 2015 to be 

considered in formulation of the final 

rule. 

ADDRESSES: Interested parties may 

submit comments, identified by RIN 

number 2700–AE19 via the Federal 

eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments may also be submitted to 

Cynthia Boots via email at 

cynthia.d.boots@nasa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Boots, NASA, Office of 

Procurement, email: cynthia.d.boots@

nasa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The NASA FAR Supplement (NFS) is 

codified at 48 CFR part 1800. 

Periodically, NASA performs a 

comprehensive review and analysis of 

the regulation, makes updates and 

corrections, and reissues the NASA FAR 

Supplement. The last reissue was in 

2004. The goal of the review and 

analysis is to reduce regulatory burden 

where justified and appropriate and 

make the NFS content and processes 

more efficient and effective, faster and 

simpler, in support of NASA’s mission. 

Consistent with Executive Order (E.O.) 

13563, Improving Regulations and 

Regulatory Review, NASA is currently 

reviewing and revising the NFS with an 

emphasis on streamlining it and 

reducing associated burdens. Due to the 

volume of the NFS, these revisions are 

being made in increments. This 

proposed rule is the third and final rule. 

The three rules together will constitute 

the NFS update and reissue. This 

proposed rule includes regulatory 

revisions to the following ten parts of 

the NFS: 

1801—Federal Acquisition Regulations 

Systems 

1802—Definitions 

1805—Publicizing Contract Actions 

1807—Acquisition Planning 

1812—Acquisition of Commercial Items 

1813—Simplified Acquisition Procedures 

1823—Environment, Energy and Water 

Efficiency, Renewable Energy 

Technologies, Occupational Safety, and 

Drug-Free Workplace 

1833—Protests, Disputes and Appeals 

1836—Construction and Architect-Engineer 

Contracts 

1847—Transportation 

1850—Extraordinary Contractual Actions and 

the Safety Act 

1852—Solicitation Provisions and Contract 

Clauses 

Further, this proposed rule provides 

notice that no regulatory changes will be 

made to the following ten parts of the 

NFS: 

1803—Improper Business Practices and 

Personal Conflicts of Interest 

1804—Administrative Matters 

1808—Required Sources of Supplies and 

Services 

1811—Describing Agency Needs 

1825—Foreign Acquisition 

1839—Acquisition of Information 

Technology 

1835—Research and Development 

Contracting 

1845—Government Property 

1848—Value Engineering 

1872—Acquisition of Investigations 

NASA analyzed the existing 

regulation to determine whether any 

portions should be modified, 

streamlined, expanded, or repealed in 

order to make the regulation more 

efficient and effective. Special emphasis 

was placed on identifying and 

eliminating or simplifying overly 

burdensome processes that could be 

streamlined without jeopardizing 

Agency mission effectiveness. 

Additionally, NASA sought to identify 

current regulatory coverage that is not 

regulatory in nature, and to remove or 

relocate such coverage to internal 

guidance. In addition to substantive 

changes, this proposed rule includes 

administrative changes necessary to 

make minor corrections and updates. 

Specifically, the changes in this 

proposed rule are summarized as 

follows: 

1801.106 is revised to reflect currently 

approved OMB Information Collection 

Requests 

1802.101 is revised to update the 

definition of Head of Contracting 

Activity to reflect internal 

organizational changes. 

1805.303(a)(i) is revised to delete the 

dollar figure of $3.5 million but retain 

the reference to the threshold at FAR 

5.303(a). Consequently, if the threshold 

at FAR 5.303(a) changes at any time, 

NFS 1805.303(a)(i) will continue to be 

correct and will not require rule-making 

to reflect the FAR change. 

1807.107 and 1807.107–70 are deleted 

from the regulation. These sections 

provide NASA-internal direction to 

contracting officers and are not 

regulatory in nature. These sections, 

with minor edits, will remain noncodified internal guidance. 

1807.7200 is revised to reflect a 

change to a Web site address. 

1807.7201, the definition of ‘‘contract 

opportunity’’ is revised to delete 

‘‘$25,000’’ and replace it with ‘‘the 

simplified acquisition threshold’’. 

1812.301, the list of NFS clauses 

authorized for use in acquisition of 


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commercial items updated through 

additions and deletions to reflect the list 

of currently approved clauses. 

1813.000 is deleted. This section is 

internal guidance. This cite stated that 

simplified acquisition procedures were 

not applicable to R&D contracts for 

which proposals were solicited via a 

NASA Research Announcement (NRA) 

or an Announcement of Opportunity 

(OA). Removing the text from the 

regulation removes unnecessary 

regulation and it permits NASA to 

utilize simplified acquisition 

procedures for R&D contracting, as 

appropriate. 

1823.7001, NASA solicitation 

provisions and contract clauses, is 

revised to specify that a safety and 

health plan may be required for 

acquisitions above the simplified 

acquisition threshold when the work 

will be conducted completely or partly 

on a Federally-controlled facility. The 

revision also provides three options to 

the contracting officer concerning the 

requirement for a safety and health plan. 

The contracting officer may use the 

clause at 1852.223–70, Safety and 

Health, when the safety and health plan 

will be evaluated as part of proposal 

evaluation. The contracting officer may 

use the FAR clause 52.236–13, Accident 

Prevention, and its Alternate I, when the 

safety and health plan will submitted 

after contract award for approval. The 

contracting officer may use the clause at 

1852.223–72, Safety and Health (Short 

Form), when a safety and health plan is 

not required to be submitted under the 

contract. Additionally, when using the 

FAR clause at 52.236–13 with its 

Alternate I, the contracting officer is 

authorized to modify the wording in 

paragraph (f) of Alternate I to specify: 

(1) When the proposed plan is due and 

(2) Whether the contractor may 

commence work prior to approval of the 

plan; or (3) To what extent the 

contractor may commence work before 

the plan is approved. 

1833.103 is revised to clarify that 

bidders or offerors may either protest 

directly to the contracting officer, or 

alternatively, request an independent 

review by the Assistant Administrator of 

Procurement, consistent with FAR 

33.103. 

Likewise, the corresponding clause at 

1852.233 is revised to reflect the same 

clarification. 

1833.106–70 and 1833.215 are revised 

to correct capitalization and lower case 

usage, consistent with FAR convention. 

1836.513, Accident prevention, is 

revised to allow the use of FAR clause 

52.236–13, Accident Prevention in 

certain circumstances, as specified at 

1823.7001, when a safety and health 

plan is required under the contract but 

will not be evaluated with proposals. 

1847, The clause at 1852.247–71, 

Protection of the Florida Manatee, is 

revised to reflect current technical 

requirements and organizational points 

of contact in order to ensure that 

information essential to protecting the 

endangered manatee will be properly 

conveyed to contractors working on-site 

at NASA Kennedy Space Center (KSC). 

The clause was previously published as 

a proposed rule 73 FR 63420. 

1850.104, Several administrative 

changes are made to the processing of 

contractor requests under the Safety 

Act. Although most of these changes 

involve internal NASA operations, the 

coverage will remain in the NFS 

because it is important for offerors to 

have a full understanding of agency 

activities related to the unique authority 

of the Safety Act. 

1850.104–70 is deleted. This section 

assigned cognizance for indemnification 

applications to the NASA installation 

with the highest dollar value of 

contracts. The administrative changes to 

1850.104 described immediately above 

clarify that all indemnity applications 

will be made to NASA HQ, with the 

NASA Administrator as the approval 

authority. 

B. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of E.O. 12866. This 

proposed rule is not a major rule under 

5 U.S.C. 804. 

C. Regulatory Flexibility Act 

NASA does not expect this proposed 

rule to have a significant economic 

impact on a substantial number of small 

entities within the meaning of the 

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

et seq. because it mainly clarifies or 

updates existing regulations. In several 

instances, this proposed rule deletes 

existing requirements which eases the 

regulatory burden on all entities, 

minimizing the number of resources 

used to collect the data and report it to 

the government. 

D. Paperwork Reduction Act 

The proposed rule contains no new 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR 1801, 1802, 

1805, 1807, 1812, 1813, 1823, 1833, 

1836, 1847, 1850, and 1852 

Government procurement. 

Cynthia Boots, 

Alternate Federal Register Liaison. 

Accordingly, 48 CFR parts 1801, 1802, 

1805, 1807, 1812, 1813, 1823, 1833, 

1836, 1847, 1850, and 1852 are 

proposed to be amended as follows: 

PART 1801—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

■ 1. The authority citation for part 1801 

is revised to read as follows 

Authority: 51 U.S.C. 20113(a). 

■ 2. Section 1801.106 is revised to read 

as follows: 

1801.106 OMB approval under the 

Paperwork Reduction Act. 

(1) NFS requirements. The following 

OMB control numbers apply: 

NFS 

Segment OMB Control No. 

1823 ............ 2700–0089 

1827 ............ 2700–0052 

1843 ............ 2700–0054 

NF 533 ........ 2700–0003 

NF 1018 ...... 2700–0017 

PART 1802—DEFINITIONS OF WORDS 

AND TERMS 

■ 3. The authority citation for part 1802 

is revised to read as follows: 

Authority: 51 U.S.C. 20113(a). 

■ 4. In section 1802.101, the definition 

for ‘‘Head of the contracting activity 

(HCA)’’ is revised to read as follow: 

1802.101 Definitions. 

* * * * * 

Head of the contracting activity (HCA) 

means, for field installations, the 

Director or other head, and for NASA 

Headquarters, the Director for 

Headquarters Operations. For Human 

Exploration and Operations Mission 

Directorate (HEOMD) contracts, the 

HCA is the Associate Administrator for 

HEOMD in lieu of the field Center 

Director(s). For NASA Shared Services 

Center (NSSC) contracts, the HCA is the 

Executive Director of the NSSC in lieu 

of the field Center Director(s). 

* * * * * 


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PART 1805 —PUBLICIZING 

CONTRACT ACTIONS 

■ 5. The authority citation for part 1805 

is revised to read as follows: 

Authority: 51 U.S.C. 20113(a). 

■ 6. Section 1805.303 is revised to read 

as follows: 

1805.303 Announcement of contract 

awards. 

(a)(i) In lieu of the threshold cited in 

FAR 5.303(a), a NASA Headquarters 

public announcement is required for 

award of contract actions that have a 

total anticipated value, including 

unexercised options, of $5 million or 

greater. 

PART 1807—ACQUISITION PLANNING 

■ 7. The authority citation for part 1807 

is revised to read as follows: 

Authority: 51 U.S.C. 20113(a). 

Subpart 1807.1 [Removed] 

■ 8. Subpart 1807.01, consisting of 

sections 1807.107 and 1807.107–70, is 

removed. 

■ 9. In section 1807.7200, paragraph (b) 

is revised to read as follows: 

1807.7200 Policy. 

* * * * * 

(b) The annual forecast and 

semiannual update are available on the 

NASA Acquisition Internet Service 

(http://www.hq.nasa.gov/office/

procurement/forecast/index.html). 

■ 10. In section 1807.7201, the 

definition for ‘‘Contract opportunity’’ is 

revised to read as follows: 

1807.7201 Definitions. 

* * * * * 

Contract opportunity means planned 

new contract awards exceeding the 

simplified acquisition threshold (SAT). 

PART 1812—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 11. The authority citation for part 

1812 is revised to read as follows: 

Authority: 51 U.S.C. 20113(a). 

■ 12. Section 1812.301 is revised to read 

as follows: 

1812.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f)(i) The following clauses are 

authorized for use in acquisitions of 

commercial items when required by the 

clause prescription: 

(A) 1852.204–75, Security 

Classification Requirements. 

(B) 1852.204–76, Security 

Requirements for Unclassified 

Information Technology Resources. 

(C) 1852.215–84, Ombudsman. 

(D) 1852.216–80, Task Order 

Procedures (Alternate I). 

(E) 1852.216–88, Performance 

Incentive. 

(F) 1852.219–73, Small Business 

Subcontracting Plan. 

(G) 1852.219–75, Small Business 

Subcontracting Reporting. 

(H) 1852.223–70, Safety and Health. 

(I) 1852.223–71, Frequency 

Authorization. 

(J) 1852.223–72, Safety and Health 

(Short Form). 

(K) 1852.223–73, Safety and Health 

Plan. 

(L) 1852.223–75, Major Breach of 

Safety and Security (Alternate I). 

(M) 1852.225–70, Export Licenses. 

(N) 1852.228–76, Cross-Waiver of 

Liability for International Space Station 

Activities. 

(O) 1852.228–78, Cross-Waiver of 

Liability for Science or Space 

Exploration Activities Unrelated to the 

International Space Station. 

(P) 1852.237–70, Emergency 

Evacuation Procedures. 

(Q) 1852.237–72, Access to Sensitive 

Information. 

(R) 1852.237–73, Release of Sensitive 

Information. 

(S) 1852.246–72, Material Inspection 

and Receiving Report. 

(T) 1852.247.71, Protection of the 

Florida Manatee. 

■ 13. In section 1812.7000: 

■ a. Paragraphs (d) is removed; 

■ b. Paragraphs (a), (b), and (c) are 

redesignated as paragraph (b), (c), and 

(d), respectively; and 

■ c. Paragraph (a) is added. 

The addition reads as follows: 

1812.7000 Anchor tenancy contracts. 

(a) The term ‘‘anchor tenancy’’ means 

an arrangement in which the United 

States Government agrees to procure 

sufficient quantities of a commercial 

space product or service needed to meet 

Government mission requirements so 

that a commercial venture is made 

viable. 

* * * * * 

PART 1813—SIMPLIFIED ACQUISITION 

PROCEDURES 

■ 14. The authority citation for part 

1813 is revised to read as follows: 

Authority: 51 U.S.C. 20113(a). 

1813.000 [Removed] 

■ 15. Section 1813.000 is removed. 

PART 1823 —ENVIROMENT, ENERGY 

AND WATER EFFICIENCY, 

RENEWABLE ENERGY 

TECHNOLOGIES, OCCUPATIONAL 

SAFETY, AND DRUG-FREE 

WORKPLACE 

■ 16. The authority citation for part 

1823 is revised to read as follows: 

Authority: 51 U.S.C. 20113(a). 

■ 17. In section 1823.7001: 

■ a. Paragraph (c) is revised; 

■ b. Paragraphs (d) and (e) are 

redesignated as paragraphs (e) and (f), 

respectively, and newly redesignated 

paragraph (f) is revised; and 

■ c. Paragraph (d) is added. 

The revisions and addition read as 

follows: 

1823.7001 NASA solicitation provisions 

and contract clauses. 

* * * * * 

(c) The contracting officer shall insert 

the clause at 1852.223–73, Safety and 

Health Plan, in solicitations above the 

simplified acquisition threshold when 

the work will be conducted completely 

or partly on a Federally-controlled 

facility and the safety and health plan 

will be evaluated in source selection as 

approved by the source selection 

authority. This clause may be modified 

to identify specific information that is to 

be included in the plan. After receiving 

the concurrence of the center safety and 

occupational health official(s), the 

contracting officer shall incorporate the 

plan as an attachment into any resulting 

contract. The contracting officer shall 

insert the clause, with its Alternate I, in 

Invitations for Bid. 

(d) The contracting officer shall insert 

FAR clause at 52.236–13 with its 

Alternate I in solicitations and contracts 

when the work will be conducted 

completely or partly on a Federallycontrolled facility and a Safety and 

Health Plan will be reviewed after 

award as a contract deliverable. The 

contracting officer may modify the 

wording in paragraph (f) of Alternate I 

to specify: 

(1) When the proposed plan is due; 

and 

(2) Whether the contractor may 

commence work prior to approval of the 

plan; or 

(3) To what extent the contractor may 

commence work before the plan is 

approved. 

The requiring activity, in consultation 

with the cognizant health and safety 

official(s), will identify the data 

deliverable requirements for the safety 

and health plan. After receiving the 

concurrence of the center safety and 

occupational health official(s), the 


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contracting officer shall incorporate the 

plan as an attachment into the contract. 

* * * * * 

(f) The contracting officer shall insert 

the clause at 1852.223–72, Safety and 

Health (Short Form) in solicitations and 

contracts above the simplified 

acquisition threshold when work will be 

conducted completely or partly on 

Federally-controlled facilities and that 

do not contain the clause at 1852.223– 

73 or the FAR clause at 52.236–13 with 

its Alternate I. 

PART 1833—PROTESTS, DISPUTES, 

AND APPEALS 

■ 18. The authority citation for part 

1833 is revised to read as follows: 

Authority: 51 U.S.C. 20113(a). 

■ 19. Section 1833.103 is revised to read 

as follows: 

1833.103 Protests to the agency. 

(d)(4) The provision at 1852.233–70 

provides for an alternative to a protest 

to the United States Government 

Accountability Office (GAO). This 

alternative gives bidders or offerors the 

ability to protest directly to the 

contracting officer (CO) or to request an 

independent review by the Assistant 

Administrator for Procurement (or 

designee). The Agency review shall be 

deemed to be at the CO level when the 

request is silent as to the level of review 

desired. The Agency review shall be 

deemed to be at the level of the 

Assistant Administrator for 

Procurement (or designee) when the 

request specifies a level above the CO, 

even if the request doesn’t specifically 

request an independent review by the 

Assistant Administrator for 

Procurement. Such reviews are separate 

and distinct from the Ombudsman 

Program described at 1815.7001. 

(e) NASA shall summarily dismiss 

and take no further action upon any 

protest to the Agency if the substance of 

the protest is pending in judicial 

proceedings or the protester has filed a 

protest on the same acquisition with the 

GAO prior to receipt of an Agency 

protest decision. 

(4) When a bidder or offeror submits 

an Agency protest to the CO or 

alternatively requests an independent 

review by the Assistant Administrator 

for Procurement, the decision of the CO 

or the Assistant Administrator for 

Procurement shall be final and is not 

subject to any appeal or reconsideration 

within NASA. 

1833.106–70 [Amended] 

■ 20. In section 1833.106–70, remove 

the words ‘‘Contracting officers’’ and 

add in their place the words ‘‘The 

contracting officer’’. 

1833.215 [Amended] 

■ 21. In section 1833.215, remove the 

word ‘‘agency’’ and add in its place the 

word ‘‘Agency’’. 

PART 1836—CONSTRUCTION AND 

ARCHITECT–ENGINEER CONTRACTS 

■ 22. The authority citation for part 

1836 is revised to read as follows: 

Authority: 51 U.S.C. 20113(a). 

■ 23. Section 1836.513 is revised to read 

as follows: 

1836.513 Accident prevention. 

For additional guidance on the use of 

FAR clause 52.236–13, Accident 

Prevention, and its Alternate I in NASA 

contracts, see 1823.7001(d). 

PART 1850—EXTRAORDINARY 

CONTRACTUAL ACTIONS AND THE 

SAFETY ACT 

■ 24. The authority citation for part 

1850 is added to read as follows: 

Authority: 51 U.S.C. 20113(a). 

1850.103–570 [Amended] 

■ 25. In section 1850.103–570, 

paragraph (a), remove the words 

‘‘Associate General Counsel for General 

Law’’ and add in their place the words 

‘‘Associate General Counsel for 

Contracts and Procurement Law’’. 

1850.103–670 [Amended] 

■ 26. In section 1850.103–670, 

paragraph (b), remove the words 

‘‘Associate General Counsel for General 

Law’’ and add in their place the words 

‘‘Associate General Counsel for 

Contracts and Procurement Law’’. 

■ 27. Section 1850.104–2 is added to 

read as follows: 

1850.104–2 General. 

(a) Requests for the exercise of 

residual powers shall be sent to the 

Headquarters Office of Procurement, 

Program Operations Division for review 

and processing. The NASA 

Administrator is the approval authority 

for the Memorandum of Decision. 

■ 28. Section 1850.104–3 is revised to 

read as follows: 

1850.104–3 Special procedures for 

unusually hazardous or nuclear risks. 

(a) Indemnification requests. (1) 

Contractor indemnification requests 

must be submitted to the cognizant 

contracting officer for the contract for 

which the indemnification clause is 

requested. The request shall be 

submitted six (6) months in advance of 

the desired effective date of the 

requested indemnification in order to 

allow sufficient time for the request to 

be reviewed, analyzed, and approved by 

the Agency. Contractors shall submit a 

single request and shall ensure that 

duplicate requests are not submitted by 

associated divisions, subsidiaries, or 

central offices of the contractor. 

(ii) The Contractor’s request for 

indemnification must identify a 

sufficient factual basis for 

indemnification by explaining 

specifically what work activities under 

the contract create the unusually 

hazardous or nuclear risk and 

identifying the timeframes in which the 

risk would be incurred. 

(iii) The contractor shall also provide 

evidence, such as a certificate of 

insurance or other customary proof of 

insurance, that such insurance is either 

in force or is available and will be in 

force during the indemnified period. 

(b) Action on indemnification 

requests. (1) If recommending approval, 

the contracting officer shall forward the 

required information to the NASA 

Headquarters Office of Procurement, 

Program Operations Division, along 

with the following: 

(i) For contracts of five years duration 

or longer, a determination, with 

supporting rationale, whether the 

indemnification approval and insurance 

coverage and premiums should be 

reviewed for adequacy and continued 

validity at points in time within the 

extended contract period. 

(ii) The specific definition of the 

unusually hazardous risk to which the 

contractor is exposed in the 

performance of the contract(s), 

including specificity about which 

activities present such risk and the 

anticipated timeframes in which the risk 

will be incurred; 

(iv) A complete discussion of the 

contractor’s financial protection 

program; and 

(vi) The extent to, and conditions 

under, which indemnification is being 

approved for subcontracts. 

(2) The NASA Administrator is the 

approval authority for using the 

indemnification clause in a contract by 

a Memorandum of Decision. 

(4)(ii) If approving subcontractor 

indemnification, the contracting officer 

shall document the file with a 

memorandum for record addressing the 

items set forth in FAR 50.104–3(b) and 

include an analysis of the 

subcontractor’s financial protection 

program. In performing this analysis, 

the contracting officer shall take into 

consideration the availability, cost, 

terms and conditions of insurance in 

relation to the unusually hazardous risk. 


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■ 29. Section 1850.104–4 is added to 

read as follows: 

1850.104–4 Contract clause. 

The contracting officer shall obtain 

the NASA Administrator’s approval 

prior to including clause 52.250–1 in a 

contract. 

1850.104–70 [Removed] 

■ 30. Section 1850.104–70 is removed. 

PART 1852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 31. The authority citation for part 

1852 is revised to read as follows: 

Authority: 51 U.S.C. 20113(a). 

■ 32. Sections 1852.223–72 and 

1852.223–73 are revised to read as 

follows: 

1852.223–72 Safety and Health (Short 

Form). 

As prescribed in 1823.7001(f), insert 

the following clause: 

SAFETY AND HEALTH (SHORT FORM) 

(XX/XX) 

(a) Safety is the freedom from those 

conditions that can cause death, injury, 

occupational illness; damage to or loss of 

equipment or property, or damage to the 

environment. NASA is committed to 

protecting the safety and health of the public, 

our team members, and those assets that the 

Nation entrusts to the Agency. 

(b) The Contractor shall have a 

documented, comprehensive and effective 

health and safety program with a proactive 

process to identify, assess, and control 

hazards and take all reasonable safety and 

occupational health measures consistent with 

standard industry practice in performing this 

contract 

(c) The Contractor shall insert the 

substance of this clause, including this 

paragraph (c) in subcontracts that exceed the 

simplified acquisition threshold where work 

will be conducted completely or partly on 

Federally-controlled facilities. 

(End of clause) 

1852.223–73 Safety and Health Plan. 

As prescribed in 1823.7001(c), insert 

the following clause: 

SAFETY AND HEALTH PLAN (XX/XX) 

(a) The offeror shall submit a detailed 

safety and occupational health plan as part 

of its proposal. The plan shall include a 

detailed discussion of the policies, 

procedures, and techniques that will be used 

to ensure the safety and occupational health 

of Contractor employees and to ensure the 

safety of all working conditions throughout 

the performance of the contract. 

(b) The plan shall similarly address 

subcontractor employee safety and 

occupational health for those proposed 

subcontracts or subcontract effort where the 

work will be conducted completely or partly 

on a Federally-controlled facility 

(d) This plan, as approved by the 

Contracting Officer, will be incorporated into 

any resulting contract. 

(End of clause) 

ALTERNATE I (XX/XX) 

As prescribed in 1823.7001(c)(1), delete the 

first sentence in paragraph (a) of the basic 

provision and substitute the following: 

The apparent low bidder, upon request by 

the Contracting Officer, shall submit a 

detailed safety and occupational health plan. 

The plan shall be submitted within the time 

specified by the Contracting Officer. Failure 

to submit an acceptable plan shall make the 

bidder ineligible for the award of a contract. 

■ 33. Section 1852.233–70 is revised to 

read as follows: 

1852.233–70 Protests to NASA. 

As prescribed in 1833.106–70, insert 

the following provision: 

PROTESTS TO NASA (XX/XX) 

(a) In lieu of a protest to the United States 

Government Accountability Office (GAO), 

bidders or offerors may submit a protest 

under 48 CFR part 33 (FAR part 33) directly 

to the Contracting Officer for consideration 

by the Agency. Alternatively, bidders or 

offerors may request an independent review 

by the Assistant Administrator for 

Procurement, who will serve as or designate 

the official responsible for conducting an 

independent review. Such reviews are 

separate and distinct from the Ombudsman 

Program described at 1815.7001. 

(b) Bidders or offerors shall specify 

whether they are submitting a protest to the 

Contracting Officer or requesting an 

independent review by the Assistant 

Administrator for Procurement. 

(c) Protests to the Contracting Officer shall 

be submitted to the address or email 

specified in the solicitation (email is an 

acceptable means for submitting a protest to 

the Contracting Officer). Alternatively, 

requests for independent review by the 

Assistant Administrator for Procurement 

shall be addressed to the Assistant 

Administrator for Procurement, NASA 

Headquarters, Washington, DC 20456–0001. 

(End of provision) 

■ 34. Section 1852.247–71 is revised to 

read as follows: 

1852.247–71 Protection of the Florida 

Manatee. 

As prescribed in 1847.7001, insert the 

following clause: 

PROTECTION OF THE FLORIDA MANATEE 

(XX/XX) 

(a) Pursuant to the Endangered Species Act 

of 1973 (Pub. L. 93–205), as amended, and 

the Marine Mammals Protection Act of 1972 

(Pub. L. 92–522), the Florida Manatee 

(Trichechus Manatus) has been designated an 

endangered species, and the Indian River 

Lagoon system within and adjacent to 

National Aeronautics and Space 

Administration’s (NASA’s) Kennedy Space 

Center (KSC) has been designated as a critical 

habitat of the Florida Manatee. The KSC 

Environmental Management Branch will 

advise all personnel associated with the 

project of the potential presence of manatees 

in the work area, and the need to avoid 

collisions and/or harassment of the manatees. 

Contractors shall ensure that all employees, 

subcontractors, and other individuals 

associated with this contract and who are 

involved in vessel operations, dockside work, 

and selected disassembly functions are aware 

of the civil and criminal penalties for 

harming, harassing, or killing manatees. 

(b) All contractor personnel shall be 

responsible for complying with all applicable 

Federal and/or state permits (e.g., Florida 

Department of Environmental Protection, St. 

Johns River Water Management District, Fish 

& Wildlife Service) in performing waterrelated activities within the contract. Where 

no Federal and/or state permits are required 

for said contract, and the contract scope 

requires activities within waters at KSC, the 

Contractor shall obtain a KSC Manatee 

Protection Permit from the Environmental 

Management Branch. All conditions of 

Federal, state, and/or KSC regulations and 

permits for manatee protection shall be 

binding to the contract. Notification and 

coordination of all water related activities at 

KSC will be done through the Environmental 

Management Branch. 

(c) The Contractor shall incorporate the 

provisions of this clause in applicable 

subcontracts. 

(End of clause) 

[FR Doc. 2015–07737 Filed 4–6–15; 8:45 am] 

BILLING CODE 7510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 150122067–5229–01] 

RIN 0648–BE83 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Atlantic Large Whale Take Reduction 

Plan Regulations; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments; correction. 

SUMMARY: NMFS published a proposed 

rule in the Federal Register on March 

19, 2015, to amend the regulations 

implementing the Atlantic Large Whale 

Take Reduction Plan. This action 

proposed to change the minimum 

number of traps per trawl to allow 

fishing with a single trap in certain 

Massachusetts and Rhode Island state 

waters; and proposed to modify the 


rljohnson on DSK3VPTVN1PROD with PROPOSALS