Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Rules and Regulations 14035

positions that are mission critical. Some of

the positions as identified may now or in the

future be held by employees of the

Contractor. Upon notification by the

Contracting Officer that a mission-critical

position is being or will be filled by one or

more of the Contractor’s employees, the

Contractor shall (1) provide the affected

employees with a clear understanding of the

investigative and medical requirements and,

(2) to the extent permitted by applicable law,

assist the Government by furnishing personal

data and medical records.

(b) The standard that will be used in

certifying individuals for a mission-critical

position is that they must be determined to

be suitable, competent, and reliable in the

performance of their assigned duties in

accordance with the screening requirements

14 CFR 1214.5. If the Government determines

that a Contractor employee occupying or

nominated to occupy a mission-critical

position will not be certified for such duty,

the Contracting Officer shall (1) furnish to the

employee the specific reasons for its action;

(2) advise the employee that he/she may avail

himself/herself of the review procedures that

are a part of the certification system; and (3)

furnish him/her a copy of those procedures

upon request.

(c) If a Contractor employee who has been

nominated for (but has not yet filled) a

mission-critical position is not certified, the

Contractor agrees to defer the appointment to

the position until the employee has had an

opportunity to pursue the referenced

procedures. If the employee is an incumbent

to the position, the Contractor agrees, upon

the request of the Government, to remove

him/her from the position temporarily

pending an appeal of the action under the

review procedures. If any employee not

certified elects not to take action under the

procedures, or, if having taken action, is not

successful in obtaining a reversal of the

determination, the Contractor agrees not to

appoint the employee to the position, or if

already appointed, to promptly remove the

employee.

(End of clause)

1852.246–71 [Amended]

27. In the introductory text to section

1852.246–71, the citation ‘‘1846.470–

2(a)’’ is revised to read ‘‘1846.470’’.

1852.246–73 [Amended]

28. Section 1852.246–73 is revised to

read as follows:

1652.246–73 Human Space Flight Item.

As prescribed in 1845.370(b), insert

the following clause:

HUMAN SPACE FLIGHT ITEM (MAR 1997)

The Contractor shall include the following

statement in all subcontracts and purchase

orders placed by it in support of this

contract, without exception as to amount or

subcontract level:

‘‘FOR USE IN HUMAN SPACE FLIGHT;

MATERIALS, MANUFACTURING, AND

WORKMANSHIP OF HIGHEST QUALITY

STANDARDS ARE ESSENTIAL TO

ASTRONAUT SAFETY.

IF YOU ARE ABLE TO SUPPLY THE

DESIRED ITEM WITH A HIGHER QUALITY

THAN THAT OF THE ITEMS SPECIFIED OR

PROPOSED, YOU ARE REQUESTED TO

BRING THIS FACT TO THE IMMEDIATE

ATTENTION OF THE PURCHASER.’’

(End of clause)

1852.246–74, 1852.246–75 [Removed]

29. Section 1852.246–74 and

1852.246–75 are removed.

1852.247–70 [Removed]

30. Section 1852.247–70 is removed.

1852.247–72 [Amended]

31. In the introductory text to section

1852.247–72, the citation ‘‘1847.305–

70(b)’’ is revised to read ‘‘1847.305–

70(a)’’.

1852.247–73 [Amended]

32. In the introductory text to section

1852.247–73, the citation ‘‘1847.305–

70(c)’’ is revised to read ‘‘1847.305–

70(b)’’.

33. In the clause to section 1852.247–

73, the date ‘‘(MARCH 1989)’’ is revised

to read ‘‘(MAR 1997)’’, and in paragraph

(b), the word ‘‘certificate’’ is revised to

read ‘‘statement’’.

[FR Doc. 97–7075 Filed 3–24–97; 8:45 am]

BILLING CODE 7510–01–M

48 CFR Parts 1819 and 1845

Revision to the NASA FAR Supplement

to Eliminate Non-Statutory

Certification Requirements

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Final rule.

SUMMARY: This is a final rule amending

the NASA FAR Supplement to eliminate

offeror and contractor certification

requirements not mandated by statute.

EFFECTIVE DATE: March 25, 1997.

FOR FURTHER INFORMATION CONTACT: Tom

O’Toole, (202) 358–0478.

SUPPLEMENTARY INFORMATION:

Background

NASA published a proposed rule in

the December 18, 1996 Federal Register

(61 FR 66643–66646) of its intent to

delete a number of offeror and

contractor certification requirements in

the NASA FAR Supplement (NFS). Only

editorial comments were received, and

these are considered in the final rule.

The proposed changes to sections

1819.7211 and 1845.302–73 are

incorporated as a final rule without

revision.

The changes to the following NFS

sections listed in the proposed rule have

already been accomplished via the

ongoing NFS rewrite:

1. 1816.303 Cost Sharing Contracts.

Certification requirement deleted from

renumbered section 1816.303–70 in the

October 7, 1996 interim rule (61 FR

52325–52347) and subsequent January

23, 1997 final rule (62 FR 3464–3487).

2. 1823.7002 Responsibility. Section

deleted in the October 29, 1996 final

rule (61 FR 55753–55764).

3. 1832.7004(b) Contractual

Implementation (Milestone Billing).

Section deleted in the October 29, 1996

final rule (61 FR 55765–55774).

4. 1834.005–1 Competition.

Certification requirement deleted from

renumbered Subpart 1834.70 in the

January 30, 1997 final rule (62 FR 4466–

4492).

5. 1870.102–703, VI, Proposed

Submission Information (Investigation

Acquisition System). Certification

requirement deleted in renumbered Part

1872 in the January 30, 1997 final rule

(62 FR 4466–4492).

The changes to the following sections

listed in the proposed rule will be

accomplished as part of the NFS rewrite

in a separate final rule:

1. 1852.223–70, Safety and Health.

2. 1852.247–73, Shipment by

Government Bills of Lading.

Impact

NASA certifies that this regulation

will not have a significant economic

impact on a substantial number of small

entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). This final rule

does not impose any reporting or record

keeping requirements subject to the

Paperwork Reduction Act.

List of Subjects in 48 CFR Parts 1819

and 1845

Government procurement.

Tom Luedtke,

Deputy Associate Administrator for

Procurement.

Accordingly, 48 CFR Parts 1819 and

1845 are amended as follows:

1. The authority citation for 48 CFR

Parts 1819 and 1845 continues to read

as follows:

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

PART 1819—SMALL BUSINESS AND

SMALL DISADVANTAGED BUSINESS

CONCERNS

1819.7211 [Amended]

2. In section 1819.7211, paragraph

(b)(1) is revised to read as follows:

1819.7211 Application process for mentor

firms to participate in the program.

(a) * * *

(b) * * *
14036 Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Rules and Regulations

(1) A statement that the mentor firm

is currently performing under at least

one active approved subcontracting plan

(small business exempted) and that they

are eligible, as of the date of application,

for the award of Federal contracts.

* * * * *

PART 1845—GOVERNMENT

PROPERTY

1845.302–73 [Amended]

3. In section 1845.302–73(b), the first

two sentences of paragraph 3 under

FINDINGS are revised to read as

follows:

1845.302–73 Determination and findings.

(a) * * *

(b) * * *

Findings

* * * * *

3. (If the contract effort cannot be fulfilled

by any other means, indicate why the

contractor cannot provide the facilities. For

example, due to financial constraints, the

contractor has demonstrated inability to

acquire the facilities; or, even though the

contractor is willing and financially able to

acquire these facilities for its own account,

the contractor has stated that time will not

permit making arrangements to obtain timely

delivery to meet NASA requirements. * * *

* * * * *

[FR Doc. 97–7074 Filed 3–24–97; 8:45 am]

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