Notice2022-25055
Requirement for NASA Recipients of Financial Assistance Awards To Obtain a Quotation From Small and/or Minority Businesses, Women's Business Enterprises and Labor Surplus Area Firms
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 17, 2022
Issuing agencies
National Aeronautics and Space Administration
Abstract
NASA has published, in final form in its Grant and Cooperative Agreement Manual (GCAM), a new term and condition regarding requirements for NASA recipients of financial assistance awards to obtain quotation from a small and/or minority business, women's business enterprise, or labor surplus area firm.
Full Text
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<title>Federal Register, Volume 87 Issue 221 (Thursday, November 17, 2022)</title>
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[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Notices]
[Pages 69050-69051]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25055]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[Notice 22-092]
Requirement for NASA Recipients of Financial Assistance Awards To
Obtain a Quotation From Small and/or Minority Businesses, Women's
Business Enterprises and Labor Surplus Area Firms
AGENCY: National Aeronautics and Space Administration.
ACTION: Final notice of a new NASA term and condition.
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SUMMARY: NASA has published, in final form in its Grant and Cooperative
Agreement Manual (GCAM), a new term and condition regarding
requirements for NASA recipients of financial assistance awards to
obtain quotation from a small and/or minority business, women's
business enterprise, or labor surplus area firm.
FOR FURTHER INFORMATION CONTACT: For any questions, comments, or
concerns regarding this term and condition, please contact Christiane
S. Diallo, email: <a href="/cdn-cgi/l/email-protection#db98b3a9b2a8afb2bab5bef5bfb2bab7b7b49bb5baa8baf5bcb4ad"><span class="__cf_email__" data-cfemail="3b78534952484f525a555e155f525a5757547b555a485a155c544d">[email protected]</span></a>, telephone (202) 358-5179.
SUPPLEMENTARY INFORMATION:
Background
On January 25, 2021, President Biden issued Executive Order (E.O.)
13985, Advancing Racial Equity and Support for Underserved Communities
Through the Federal Government, outlining a comprehensive approach to
advancing equity for all, including people of color and others who have
been historically underserved, marginalized, and adversely affected by
persistent poverty and inequality. Given that advancing equity requires
a systematic approach to embedding fairness in the decision-making
process, the E.O. instructs agencies to recognize and work to redress
inequities in their policies and programs that serve as barriers to
equal opportunity.
In response to E.O. 13985, NASA has taken a few actions, including
implementing a new term and condition, that ensure entities funded by
NASA are compliant with the procurement standards in the uniform
guidance 2 CFR 200.321, Contracting with small and minority businesses,
women's business enterprises, and labor surplus area firms.
Public Comments Discussion
NASA published a request for public comment in the Federal Register
at 87 FR 10257 on February 23, 2022, on proposed implementation of a
new term and condition that requires recipients of NASA financial
assistance to obtain a quotation from a small and/or minority business,
women's business enterprise, or labor surplus area firm when the
acquisition of goods or services exceeds the simplified acquisition
threshold. NASA received 36 comments from individual citizens, large
and small businesses, colleges and universities, and other non-profit
organizations. All comments were carefully reviewed and considered
prior to finalizing the term and condition.
NASA received five comments in support of the term and condition
where commenters commended NASA for their effort to diversify, promote
equality and social responsibility associated with NASA, while
inspiring future generations to pursue their passions in Science,
Technology, Engineering and Math research. Response: NASA recognizes
and supports the importance of diversity in its policies and programs
and continues to work to identify and overcome barriers that hinder
equitable, inclusive access by individuals or communities to the
resources and opportunities that make all of NASA's work possible.
NASA received six comments/questions, including one duplicate,
regarding applicability and waivers for businesses who may not be able
to meet this new requirement. Response: The new term and condition
applies to ALL NASA grant and cooperative agreement award recipients,
regardless of the business types. Furthermore, NASA will not extend
waivers for this requirement. Recipients are required to maintain
documentation on file indicating why it is impossible to obtain a quote
from a small/minority owned business, women's business enterprise, or
labor surplus area firm. NASA received two comments/questions regarding
partnership and contracting with NASA. Response: The NASA Office of
Small Business programs (<a href="https://www.nasa.gov/osbp">https://www.nasa.gov/osbp</a>) provides resource
information on how to do business with NASA. Also, NASA's notice of
funding opportunities are accessible on the NASA Solicitation and
Proposal Integrated Review and Evaluation System (NSPIRES) (<a href="https://nspires.nasaprs.com/external/">https://nspires.nasaprs.com/external/</a>) and <a href="http://www.grants.gov">www.grants.gov</a>. NASA received 15
comments from commenters who are opposed to the implementation of the
term and condition, citing that this new requirement would place an
administrative burden on NASA grant recipients and an unfair advantage
to certain business owners. Response: NASA's proposed term and
condition aligns with 2 CFR 200.321, Contracting with small and
minority businesses, women's business enterprises, and labor surplus
area firms, which requires non-federal entities to take all necessary
steps to ensure the use of minority businesses, women's business
enterprises, and labor surplus area firms. Furthermore, 2 CFR
200.318(i), General procurement standards, requires non-Federal
entities ``to maintain records sufficient to detail the history of
their procurements. The records include but are not limited to the
rationale for the method of procurement, selection of contract type,
contractor selection or rejection, and the basis for the contract
price''. NASA received four comments with proposed recommendations for
ensuring that the new term and condition is effectively implemented.
Response: NASA will consider the proposed recommendations as it
develops its advanced monitoring plan, which is intended to provide an
oversight of NASA grants as well as ensure recipients' compliance with
NASA grant policy requirements. NASA received four comments from
commenters expressing views outside of the proposed term and condition.
Response: These comments are outside the scope of the Federal Register
Notice and do not relate to the proposed term and condition.
The full text of the new term and condition is provided below:
Requirement To Obtain a Quotation From Small and/or Minority
Businesses, Women's Business Enterprises or Labor Surplus Area Firms
Pursuant to the requirements in 2 CFR 200.321, Contracting with
small and minority businesses, women's business enterprises, and labor
surplus area firms, grant and cooperative agreement recipients shall,
to the extent practicable, obtain at least one quotation in response to
a recipient-issued Request for Quotation (RFQ) from a small and/or
minority business, women's business enterprise or labor surplus area
firms when the acquisition of goods or services exceeds the simplified
acquisition threshold (SAT) as defined in the Federal Acquisition
Regulation (FAR) part 2.101, Definitions (currently the SAT is
$250,000). In the
[[Page 69051]]
event that recipients are unable to obtain at least one quote from a
small and/or minority business women's business enterprise or labor
surplus area firm, a written justification indicating why this was not
possible must be maintained in the recipient's records.
End of Term and Condition Implementation
NASA has implemented the new term and condition through revision of
the NASA GCAM, which became effective on October 31, 2022, and is
accessible at <a href="https://www.nasa.gov/centers/nssc/grants">https://www.nasa.gov/centers/nssc/grants</a>. The new term
and condition will be applied to all new NASA awards and funding
amendments to existing awards made on or after the effective date.
Cheryl Parker,
Federal Register Liaison Officer.
[FR Doc. 2022-25055 Filed 11-16-22; 8:45 am]
BILLING CODE 7510-13-P
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