57240 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 

is located in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register. 

Information Repositories: 

Comprehensive information on the 

Jacobs Smelter Superfund Site, as well 

as information specific to this proposed 

partial deletion, is available for review 

at the following addresses: 

U.S. Environmental Protection 

Agency Region 8 Records Center, 999 

18th St., Suite 300, Denver, CO 80202–

2466 (303) 312–6473. Hours: M–F, 8:30 

a.m. to 4:30 p.m. 

Tooele City Public Library, 128 West 

Vine Street, Tooele, UT 84074, (435) 

882–2182. Hours: Tu–F, 11 a.m. to 7:30 

p.m.; Sat, 10:30 a.m. to 6 p.m. 

Utah Department of Environmental 

Quality, 168 North 1950 West, 1st Floor, 

Salt Lake City, UT 84116 (801) 536–

4400. Hours: M–F, 8 a.m. to 5 p.m. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Water pollution control, 

Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: September 21, 2005. 

Robert E. Roberts, 

Regional Administrator, Region 8. 

[FR Doc. 05–19625 Filed 9–29–05; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1819, 1832, and 1852 

RIN 2700–AD17 

Small Business Innovation Research 

(SBIR) and Small Business Technology 

Transfer (STTR) Contractor ReCertification of Program Compliance 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule is to 

amend the NASA FAR Supplement 

(NFS) to include a requirement for 

NASA’s Small Business Innovation 

Research (SBIR) and the Small Business 

Technology Transfer (STTR) contractors 

to complete a re-certification of program 

compliance prior to final payment. This 

requirement is being established to 

facilitate the Government’s ability to 

hold contractors accountable for 

compliance with Federal statute, 

regulation, and program requirements as 

outlined in the Office of Inspector 

General’s Management Alert 

Memorandum dated April 28, 2004. As 

part of its continuing effort to reduce the 

paperwork and respondent burden, 

NASA invites the general public and 

other Federal agencies to comment on 

this proposed rule and/or continuing 

information collections, as required by 

the Paperwork Reduction Act of 1995 

(Pub. L. 104–13, 44 U.S.C. 

3506(c)(2)(A)). 

DATES: Comments should be submitted 

on or before November 29, 2005 to be 

considered in formulation of the final 

rule. 

ADDRESSES: Interested parties may 

submit comments, identified by RIN 

number 2700–AD17 via the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments may also be submitted to 

Marilyn J. Seppi, NASA, Office of 

Procurement, Contract Management 

Division, Washington, DC 20546. 

Comments can also be submitted by email to: Marilyn.Seppi-1@nasa.gov. 

Comments on the information 

collection should be directed to Ms. 

Kathy Shaeffer, Acting NASA Reports 

Officer, NASA Headquarters, 300 E 

Street, SW., Mail Suite 6M70, 

Washington, DC 20546, (202) 358–1230, 

e-mail: Kathleen.shaeffer-1@nasa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn J. Seppi, NASA, Office of 

Procurement, Contract Management 

Division, (703) 553–2551, e-mail: 

Marilyn.Seppi-1@nasa.gov. 

Requests for additional information 

regarding the information collection 

should be directed to Ms. Kathy 

Shaeffer, Acting NASA Reports Officer, 

NASA Headquarters, 300 E Street, SW., 

Mail Suite 6M70, Washington, DC 

20546, (202) 358–1230, 

Kathleen.shaeffer-1@nasa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Section 1832.12 of the NFS requires 

that all research and development 

contracts under the SBIR and STTR 

Programs include the clause 1852.232–

83, Conditions for Final Payment. This 

clause provides direction to the 

contractor regarding completion and 

submission of a re-certification 

requirement prior to and as a condition 

of final payment. Currently, under the 

SBIR/STTR Programs the contractor is 

only required to certify at the time of 

proposal submission that the proposing 

entity has or has not received Federal 

funding for essentially equivalent work. 

This proposed new clause will require 

a post-award certification by the small 

business concern (SBC) for program 

compliance as a condition and prior to 

final payment. This change proposes a 

new clause 1852.232–83 for use in all 

SBIR Phase I, SBIR Phase II, and STTR 

contracts. 

In addition, section 1819.73 requires 

the clauses 1852.219–80 Limitation on 

Subcontracting—SBIR Phase I, 

1852.219–81 Limitation on 

Subcontracting—SBIR Phase II, and 

1852.219–82 Limitation on 

Subcontracting—STTR in the respective 

SBIR and STTR contracts to delineate 

the subcontracting limitations necessary 

for contract performance. Also, section 

1819.73 of the NFS requires the clauses 

1852.219–83 Limitation of the Principal 

Investigator—SBIR Program and 

1852.219–84 Limitation of the Principal 

Investigator—STTR Program, 

respectively, to delineate the 

employment of the principal 

investigator which is necessary for 

monitoring contract performance. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

proposed rule is not a major rule under 

5 U.S.C. 804. 

B. Regulatory Flexibility Act 

This proposed rule is not expected to 

have a significant economic impact on 

a substantial number of small entities 

with the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601. et seq., 

because the proposed re-certification 

prior to final payment to awardees is 

merely an update of the representations 

and certifications submitted at the time 

of proposal submission in accordance 

with Small Business Administrations 

(SBA’s) SBIR Program Directive. 

C. Paperwork Reduction Act 

1. Abstract 

NASA is requesting OMB approval for 

the new collection that will be created 

by the proposed amendment to the NFS 

requiring SBIR/STTR contractors to 

recertify program compliance prior to 

final payment. 

2. Method of Collection 

The NASA contract clause will 

require inclusion of the information as 

part of contractors’ final payment 

invoice requests. 

3. Data 

Title: Small Business Innovation 

Research (SBIR) and Small Business 

Technology Transfer (STTR) Contractor 

Re-Certification of Program Compliance. 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 57241 

Collection of Information: The 

Certification Required Prior to Final 

Payment. 

The public burden for obtaining recertification from the SBIR/STTR 

contracts is estimated annually to be 

242 hours with an average annual cost 

of $12,100 for each SBIR/STTR Program 

year. The estimated burden has been 

calculated as follows: 

Certification (1 required per contract)—

484 

Hours per certification— × 0.50 (30 

minutes) 

Certification Burden—242 hours 

Average Hourly Rate—$50 

Average Annual Cost—$12,100 

The estimated number of 

certifications shown above is based 

upon the average total number of 

NASA’s SBIR and STTR-related 

contracts awards for FY–2004, FY–2003, 

and FY–2002. However, no real cost is 

associated with SBIR/STTR contractors 

because the costs associated with this 

type of administrative work is part of 

the cost of doing business and usually 

found in the companies’ direct or 

indirect expense rates and therefore 

included in their contract price. This 

estimate reflects the combined 

paperwork clearance request the Agency 

is submitting to OMB. 

List of Subjects in 48 CFR 1819, 1832, 

and 1852 

Government Procurement. 

Tom Luedtke, 

Assistant Administrator for Procurement. 

Accordingly, 48 CFR Parts 1819, 1832, 

and 1852 are proposed to be amended 

as follows: 

1. The authority citation for 48 CFR 

Parts 1819, 1832, and 1852 continues to 

read as follows: 

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

PART 1819—SMALL BUSINESS 

PROGRAMS 

2. Subpart 1819.73 is added to read as 

follows: 

1819.73—Small Business Innovation 

Research (SBIR) and Small Business 

Technology Transfer (STTR) Programs 

1819.7301 Scope of Subpart. 

The Small Business Innovation 

Research (SBIR) and Small Business 

Technology Transfer (STTR) Programs 

were established and issued under the 

authority of The Small Business Act 

codified at 15 U.S.C. 631 as amended 

and the Small Business Innovation 

Development Act of 1982 (Pub. L. 97–

219), codified with amendments, at 15 

U.S.C. 638. The Small Business Act 

requires that the Small Business 

Administration issue SBIR and STTR 

Program Policy Directives for the 

general conduct of the SBIR/STTR 

Programs within the Federal 

Government. The statutory purpose of 

the SBIR Program is to strengthen the 

role of innovative small business 

concerns (SBCs) in federally-funded 

research or research and development 

(R/R&D). Specific program purposes are 

to: Stimulate technological innovation; 

use small business to meet Federal R/ 

R&D needs; foster and encourage 

participation by socially and 

economically disadvantaged SBCs, and 

by SBCs that are 51 percent owned and 

controlled by women, in technological 

innovation; and increase private sector 

commercialization of innovations 

derived from Federal R/R&D, thereby 

increasing competition, productivity 

and economic growth. Federal agencies 

participating in the SBIR/STTR 

Programs (SBIR/STTR agencies) are 

obligated to follow the guidance 

provided by this Policy Directive. NASA 

is required to ensure its policies, 

regulations, and guidance on the SBIR/ 

STTR Programs are consistent with 

SBA’s Policy Directive. Contracting 

Officers are required to insert the 

applicable clauses identified in 

1819.7302 in all SBIR and STTR 

contracts. 

1819.7302 NASA contract clauses and 

solicitation provisions. 

(a) Contracting officers shall insert 

clause 1852.219–80 Limitation on 

Subcontracting SBIR Phase I Program in 

all Phase I contracts awarded under the 

Small Business Innovation Research 

(SBIR) Program established pursuant to 

Public Law 97–219 (the Small Business 

Innovation Development Act of 1982). 

(b) Contracting officers shall insert 

clause at 1852.219–81 Limitation on 

Subcontracting—SBIR Phase II Program 

in all Phase II contracts awarded under 

the Small Business Innovation Research 

(SBIR) Program established pursuant to 

Public Law 97–219 (the Small Business 

Innovation Development Act of 1982). 

(c) Contracting officers shall insert 

clause 1852.219–82 Limitation on 

Subcontracting—STTR Program in all 

contracts awarded under the Small 

Business Technology Transfer (STTR) 

Program established pursuant to Public 

Law 97–219 (the Small Business 

Innovation Development Act of 1982). 

(d) Contracting officers shall insert 

clause 1852.219–83 Limitation of the 

Principal Investigator—SBIR Program in 

all contracts awarded under the Small 

Business Innovation Research (SBIR) 

Program established pursuant to Public 

Law 97–219 (the Small Business 

Innovation Development Act of 1982). 

(e) Contracting officers shall insert 

clause 1852.219–84 Limitation on 

Subcontracting—STTR Program in all 

contracts awarded under the Small 

Business Technology Transfer (STTR) 

Program established pursuant to Public 

Law 97–219 (the Small Business 

Innovation Development Act of 1982). 

PART 1832—CONTRACT FINANCING 

3. Subpart 1832.12 is added to read as 

follows: 

1832.12—Final Payment Under SBIR and 

STTR Contracts 

1832.1210 Contract clause. 

Contracting officers shall insert clause 

1852.232–83 Conditions for Final 

Payment SBIR and STTR Contracts in 

all Phase I and Phase II contracts 

awarded under the Small Business 

Innovation Research (SBIR) and Small 

Business Technology Transfer (STTR) 

Programs established pursuant to Public 

Law 97–219 (the Small Business 

Innovation Development Act of 1982). 

The clause is limited to use solely in 

contracts awarded under the SBIR/STTR 

Programs. 

PART 1852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

4. Clauses 1852.219–80, 1852.219–81, 

1852.219–82, 1852.219–83, and 

1852.219–84 are added to read as 

follows: 

* * * * * 

1852.219–80 Limitation on 

Subcontracting—SBIR Phase I. 

As prescribed in 1819.7302(a), insert 

the following clause in all SBIR Phase 

I contracts: 

Limitation on Subcontracting—SBIR 

Phase I (XX/XX) 

The Contractor shall perform a 

minimum of two-thirds of the research 

and/or analytical effort (total contract 

price less profit) conducted under this 

contract. Any deviation from this 

requirement must be approved in 

advance and in writing by the 

Contracting Officer. 

(End of clause) 

1852.219–81 Limitation on 

Subcontracting—SBIR Phase II. 

As prescribed in 1819.7302(b), insert 

the following clause in all SBIR 

contracts: 

Limitation on Subcontracting—SBIR 

Phase II (XX/XX) 

The Contractor shall perform a 

minimum of one-half of the research 

and/or analytical effort (total contract 

57242 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 

price less profit) conducted under this 

contract. Any deviation from this 

requirement must be approved in 

advance and in writing by the 

Contracting Officer. Since the selection 

of R&D contractors is substantially 

based on the best scientific and 

technological sources, it is important 

that the Contractor not subcontract 

technical or scientific work without the 

Contracting Officer’s advance approval. 

(End of clause) 

1852.219–82 Limitation on 

Subcontracting—STTR Program. 

As prescribed in 1819.7302(c), insert 

the following clause in all SBIR and 

STTR solicitations and contracts: 

Limitation on Subcontracting—STTR 

Program (XX/XX) 

The Contractor (small business 

concern (SBC)) shall perform a 

minimum of 40 percent of the work 

under this contract (total contract price 

including cost sharing, if any, less profit 

if any). A minimum of 30 percent of the 

work under this contract shall be 

performed by the research institution 

(RI). Since the selection of R&D 

contractors is substantially based on the 

best scientific and technological 

sources, it is important that the 

contractor not subcontract technical or 

scientific work without the Contracting 

Officer’s advance approval. 

(End of clause) 

1852.219–83 Limitation of the Principal 

Investigator—SBIR Program OR Principal 

Investigator—Primary Employment—SBIR 

Program. 

As prescribed in 1819.7302(d), insert 

the following clause in all SBIR 

solicitations and contracts: 

Limitation of the Principal 

Investigator—SBIR Program OR 

Principal Investigator—Primary 

Employment—SBIR Program (XX/XX) 

The primary employment of the 

principal investigator shall be with the 

small business concern (SBC)/ 

Contractor during the conduct of this 

contract. Primary employment means 

that more than one-half of the principal 

investigator’s time is spent in the 

employ of the Contractor/SBC. This 

precludes full-time employment with 

another organization. Deviations from 

these requirements must be approved in 

advance and in writing by the 

Contracting Officer and are not subject 

to a change in the firm-fixed price of the 

contract. The PI for this contract is 

(insert name). 

(End of Clause) 

1852.219–84 Limitation of the Principal 

Investigator—STTR Program. 

As prescribed in 1819.7302(e), insert 

the following clause in all STTR 

solicitations and contracts: 

Limitation of the Principal 

Investigator—STTR Program (XX/XX) 

(a) The primary employment of the 

principal investigator (PI) identified in 

this STTR contract is with the small 

business concern (SBC)/Contractor or 

the research institution (RI). Primary 

employment means that more than onehalf of the principal investigator’s time 

is spent in the employ of the contractor/ 

SBC or RI. 

(b) The principal investigator (PI) is 

considered to be key personnel in the 

performance of this contract and may 

not have been employed by the 

contractor/SBC. The Contractor/SBC 

whether or not the employer of the PI 

shall exercise primary management 

direction and control over the PI and be 

overall responsible for the PI’s 

performance under this contract. 

Deviations from these requirements 

must be approved in advance and in 

writing by the Contracting Officer and 

are not subject to a change in the firmfixed price of the contract. The PI for 

this contract is (insert name). 

(End of Clause) 

5. Section 1852.232–83 is added to 

read as follows: 

1852.232–83 Conditions for Final 

Payment—SBIR and STTR Contracts. 

As prescribed in 1832.1210, insert the 

following clause in all SBIR and STTR 

solicitations and contracts: 

Conditions for Final Payment—SBIR 

and STTR Contracts (XX/XX) 

As a condition for final payment 

under this contract, the Contractor shall 

provide the following certifications as 

part of its final payment invoice request: 

During performance of this contract—

1. Essentially equivalent work 

performed under this contract has not 

been proposed for funding to another 

Federal agency; 

2. No other Federal funding award has 

been received for essentially equivalent 

work performed under this contract; 

3. Deliverable items submitted under 

this contract have not been submitted as 

deliverable items under another Federal 

funding award; 

4. For SBIR contracts: The 

subcontracting limitation set forth in 

this contract was not exceeded except as 

approved in writing by the Contracting 

Officer on (insert date of approval or 

modification number.); 

5. For STTR contracts: The 

subcontracting limitation set forth in 

this contract was not exceeded; 

6. For SBIR contracts: The primary 

employment of the principal 

investigator (PI) identified in this SBIR 

contract was with the Contractor, except 

as approved in writing by the 

Contracting Officer on (insert date of 

approval or modification number.); and 

7. For STTR contracts: The primary 

employment of the principal 

investigator (PI) identified in this STTR 

contract was the SBC/Contractor or the 

research institution (RI). The PI 

identified in the STTR contract was 

considered key in the performance of 

this contract and may not have been 

employed by the Contractor/SBC. 

However, the Contractor/SBC did 

exercise primary management direction 

and control over the PI and was overall 

responsible for the PI’s performance 

under this contract. Any substitutions of 

this individual were approved in 

writing by the Contracting Officer on 

(insert date of approval or modification 

number.). 

I understand that the willful provision 

of false information or concealing a 

material fact in this representation is a 

criminal offense under Title 18 U.S.C., 

Section 1001, False Statements, as well 

as Title 18 U.S.C., Section 287, False 

Claims. 

(End of Clause) 

[FR Doc. 05–19399 Filed 9–29–05; 8:45 am] 

BILLING CODE 7510–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 36 

RIN 1018–AU08 

Refuge-Specific Public Use 

Regulations for Kodiak National 

Wildlife Refuge 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: The Fish and Wildlife Service 

(Service) proposes to open private lands 

within the boundaries of Kodiak 

National Wildlife Refuge in Alaska to 

public use, with a permit, complying 

with our commitments made under a 

Conservation Easement among the 

United States, the State of Alaska, and 

Koniag, Inc. The Conservation Easement 

furthers the missions of the Service and 

the National Wildlife Refuge System 

and the purposes of Kodiak National 

Wildlife Refuge. The easement lands