Federal Register / Vol. 63, No. 144 /Tuesday, July 28, 1998 /Rules and Regulations 40189

miles) northwest, at coordinates 33–25–

03 North Latitude and 97–31–34 West

Longitude. Channel 264C2 can be

allotted to Overton with a site

restriction of 22.8 kilometers (14.2

miles) northwest, at coordinates 32–27–

26 North Latitude and 95–05–14 West

Longitude, to avoid a short-spacing to

the pending application (BPH–

970708IB) of Station KDVE for Channel

262A at Tatum, Texas. Channel 263C

can be allotted to Abilene with a site

restriction of 33.5 kilometers (20.8

miles) southwest, at coordinates 32–21–

57 North Latitude and 100–02–58 West

Longitude, to accommodate the

licensee’s desired transmitter site.

Channel 291A can be allotted to

Sulphur in compliance with the

Commission’s minimum distance

separation requirements with a site

restriction of 12.7 kilometers (7.9 miles)

north, at coordinates 34–37–22 North

Latitude and 96–58–37 West Longitude,

to accommodate Station KFXT–FM’s

desired transmitter site. Mexican

concurrence in the allotment of Channel

263C at Abilene has been received since

the community is located within 320

kilometers (199 miles) of the U.S.-

Mexican border.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Oklahoma, is

amended by removing Channel 265C3

and adding Channel 291A at Sulphur.

3. Section 73.202(b), the Table of FM

Allotments under Texas, is amended by

removing Channel 264C and adding

Channel 263C at Abilene, removing

Bowie, Channel 264C3, adding

Highland Village, Channel 264C,

removing Mount Pleasant, Channel

264C, adding Overton, Channel 264C2.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–20035 Filed 7–27–98; 8:45 am]

BILLING CODE 6712–01–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1801, 1812, 1813

Simplified Acquisition Procedures

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Final rule.

SUMMARY: This is a final rule amending

the NASA FAR Supplement (NFS) on

simplified acquisition procedures to

align the NASA FAR Supplement with

the rewritten Part 13 of the FAR.

EFFECTIVE DATE: July 28, 1998.

FOR FURTHER INFORMATION CONTACT: Tom

Deback, NASA Office of Procurement,

Analysis Division (Code HC), (202) 358–

0431.

SUPPLEMENTARY INFORMATION:

Background

FAC 97–03 promulgated a

reorganization of FAR Part 13,

Simplified Acquisition Procedures. The

NFS is in substantive compliance with

the revised FAR, but extensive

administrative redesignation of NFS

1813 is required for structural

conformance. In addition to the Part

1813 changes, this final rule also makes

an administrative revision to indicate

the Internet address for the official

Agency version for the NFS and adds a

new subpart to reflect a statutory

prohibition on underwriting commercial

space ventures.

Impact

This final rule does not constitute a

significant revision within the meaning

of FAR 1.501 and Pub.L. 98–577, and

publication for public comment is not

required. This final rule does not

impose any reporting requirements or

recordkeeping requirements subject to

the Paperwork Reduction Act.

List of Subjects in 48 CFR Parts 1801,

1812, 1813

Government procurement.

Tom Luedtke,

Deputy Associate Administrator for

Procurement.

Accordingly, 48 CFR Parts 1801, 1812,

and 1813 are amended as follows:

1. The authority citation for 48 CFR

Parts 1801, 1812, and 1813 continues to

read as follows:

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

PART 1801—FEDERAL ACQUISITION

REGULATION SYSTEM

2. In section 1801.105–3, paragraph

(2) is revised to read as follows:

1801.105–3 Copies.

* * * * *

(2) The single official NASAmaintained version of the NFS is on the

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

procurement/regs/nfstoc.htm).

* * * * *

PART 1812—ACQUISITION OF

COMMERCIAL ITEMS

3. Subpart 1812.70 is added to read as

follows:

Subpart 1812.70—Commercial Space

Hardware or Services

1812.7000 Prohibition on guaranteed

customer bases for new commercial space

hardware or services.

Public Law 102–139, title III, Section

2459d, prohibits NASA from awarding a

contract with an expected duration of

more than one year if the primary effect

of the contract is to provide a

guaranteed customer base for, or

establish an anchor tenancy in, new

commercial space hardware or services.

Exception to this prohibition may be

authorized only by an appropriations

Act specifically providing otherwise.

4. Part 1813 is revised to read as

follows:

PART 1813—SIMPLIFIED ACQUISITION

PROCEDURES

Sec.

1813.000 Scope of part.

1813.003 Policy.

Subpart 1813.1 Procedures

1813.106 Soliciting competition, evaluation

of quotations or offers, award and

documentation.

1813.106–3 Award and documentation.

Subpart 1813.3 Simplified Acquisition

Methods

1813.301 Governmentwide commercial

purchase card.

1813.301–70 Purchase card documentation.

1813.301–72 Approving official.

1813.301–73 Program officials.

1813.302 Purchase orders.

1813.302–1 General.

1813.302–70 Purchase orders under section

8(a) of the Small Business Act.

1813.303 Blanket Purchase Agreements

(BPAs).

1813.303–3 Preparation of BPAs.

1813.307 Forms.

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

1813.000 Scope of part.

FAR Part 13 and 1813 do not apply

to NASA Research Announcements and

Announcements of Opportunity. These

acquisitions shall be conducted in

accordance with the procedures in

1835.016–70 and 1872, respectively,

and, if awards are to be made as

procurement instruments, they shall be
40190 Federal Register / Vol. 63, No. 144 /Tuesday, July 28, 1998 /Rules and Regulations

made as bilateral contracts rather than

purchase orders.

1813.003 Policy. (NASA supplements

paragraph (h))

(h) Acquisitions under these

simplified acquisition procedures shall

be fixed-price, except as provided under

the unpriced purchase order method in

FAR 13.302–2.

Subpart 1813.1—Procedures

1813.106 Soliciting competition,

evaluation of quotations or offers, award

and documentation.

1813.106–3 Award and documentation.

(NASA supplements paragraph (b))

(b)(3)(ii) For purchases up to $50,000,

documentation shall be limited to a

brief notation in the file indicating the

rationale for selecting other than the

lowest priced offer.

Subpart 1813.3—Simplified Acquisition

Methods

1813.301 Governmentwide commercial

purchase card. (NASA supplements

paragraphs (a), (b), and (c))

(a) The procurement officer shall

designate individual cardholders in

accordance with center procedures,

subject to the following limitations:

(i) Personnel other than contracting

officers may be designated as

cardholders for micro-purchases and for

individual orders under BPAs up to

$5,000 (see 1813.303–3(a)(4)), provided

they complete training adequate to

ensure appropriate use of the purchase

card. Training materials are available

from the NASA Procurement Library on

the Internet at http://ec.msfc.nasa.gov/

hq/library/library.html.

(ii) The procurement officer’s

designation shall be in writing and shall

specify the scope of the cardholder’s

authority.

(iii) The center shall establish and

maintain administrative procedures and

management controls required by the

General Services Administration (GSA).

Purchases made with the

Governmentwide commercial purchase

card shall comply with the instructions

and procedures issued by GSA as well

as applicable parts of the FAR and NFS.

(b) The Governmentwide commercial

purchase card may be used to order and

pay for purchases under contracts

established under FAR Part 8

procedures, up to the simplified

acquisition threshold (except see

paragraph (a)(i) of this section for dollar

limitations for personnel other than

contracting officers).

(c) The Governmentwide commercial

purchase card may be used to order and

pay for purchases in the circumstances

described in FAR 13.301(c) up to the

simplified acquisition threshold (except

see paragraph (a)(i) of this section for

limitations for personnel other than

contracting officers). Except as

authorized in paragraphs (b) and (c) of

this section, the Governmentwide

commercial purchase card may not be

used for purchases in excess of $25,000.

Purchases above the micro-purchase

threshold shall comply with all

applicable statutory and regulatory

requirements, including the following:

(i) Small business set-aside (see FAR

13.003(b)).

(ii) Representations and certifications.

The applicable items from the provision

at FAR 52.212–3, Offeror

Representations and Certifications—

Commercial Items, shall be obtained for

commercial or noncommercial

purchases. This information may be

obtained orally from vendors.

(iii) Maximum practicable

competition (see FAR 13.106–1).

(iv) Implementation of the applicable

contract clauses. This requirement may

be satisfied by forwarding a completed

SF 1449, appropriately modified to

reflect purchase card terms, to the

awardee after placing the order via the

card, provided that the awardee must be

notified of, and agree to, the

applicability of the SF 1449 clauses

when the order is placed.

1813.301–70 Purchase card

documentation.

Documentation of purchases shall be

minimized. For transactions below the

micro-purchase threshold, the card

holder shall maintain a brief log of

purchases and a file of monthly

purchase card statements indicating

whether item receipt has occurred. For

purchases above the micro-purchase

threshold, see 1813.106–3(b)(3)(ii).

1813.301–72 Approving official.

The approving official is the

individual who reviews and approves a

cardholder’s monthly statement of

purchases. The approving official shall

be the cardholder’s immediate or higher

level supervisor; in no case shall

cardholders approve their own

statement of purchases. Unless center

procedures otherwise provide for their

designation, the procurement officer

shall designate approving officials.

1813.301–73 Program officials.

(a) The Headquarters Office of

Procurement (Code HK) is the agency

program coordinator.

(b) The procurement officer shall

identify the center program coordinator

and the center billing office point of

contact, and provide their names to the

agency program coordinator.

1813.302 Purchase orders.

1813.302–1 General. (NASA supplements

paragraph (a))

(a) See 1813.003(h).

1813.302–70 Purchase orders under

section 8(a) of the Small Business Act.

Purchase orders made using

simplified acquisition procedures are

authorized for 8(a) acquisitions under

the simplified acquisition threshold.

1813.303 Blanket Purchase Agreements

(BPAs)

1813.303–3 Preparation of BPAs. (NASA

supplements paragraph (a))

(a)(4) Non-GS–1102 or –1105

personnel shall not be authorized to

place individual orders under a BPA in

an amount greater than $5,000. For sole

source orders above $2,500, a

contracting officer’s determination is

required in accordance with FAR

13.106–1(b)(1).

1813.307 Forms. (NASA supplements

paragraphs (b), (c), and (d))

(b) Installations may use locally

prescribed forms.

(c) Installations may use locally

prescribed forms.

(d) The SF 44 may be used for

purchases of aviation fuel and oil of

$10,000 or less.

[FR Doc. 98–20104 Filed 7–27–98; 8:45 am]

BILLING CODE 7510–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 980414096–8173–02; I.D.

032698A]

RIN 0648-AJ99

Fisheries of the Exclusive Economic

Zone Off Alaska; Gear Allocation of

Shortraker and Rougheye Rockfish in

the Aleutian Islands Subarea

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues regulations to

implement Amendment 53 to the

Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area (FMP). This

rule allocates shortraker rockfish and

rougheye rockfish (SR/RE) in the

Aleutian Islands subarea (AI) between

vessels using trawl gear and vessels