Proposed Rule2023-21313
NASA Federal Acquisition Regulation Supplement (NFS): Removal of Total Compensation Plan Language (NFS Case 2023-N002)
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
October 2, 2023
Issuing agencies
National Aeronautics and Space Administration
Abstract
NASA is proposing to amend the NASA Federal Acquisition Regulation Supplement (NFS) as well as corresponding sections of the CFR at 48 CFR part 1831 and 1852 to remove NFS 1831.205-671, Solicitation provision, and NFS Clause 1852.231-71, Determination of Compensation Reasonableness.
Full Text
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<title>Federal Register, Volume 88 Issue 189 (Monday, October 2, 2023)</title>
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[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Proposed Rules]
[Page 67720]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21313]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1831 and 1852
[Notice: (23-099)]
RIN 2700-AE72
NASA Federal Acquisition Regulation Supplement (NFS): Removal of
Total Compensation Plan Language (NFS Case 2023-N002)
AGENCY: National Aeronautics and Space Administration.
ACTION: Proposed rule.
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SUMMARY: NASA is proposing to amend the NASA Federal Acquisition
Regulation Supplement (NFS) as well as corresponding sections of the
CFR at 48 CFR part 1831 and 1852 to remove NFS 1831.205-671,
Solicitation provision, and NFS Clause 1852.231-71, Determination of
Compensation Reasonableness.
DATES: Comments are due December 1, 2023.
FOR FURTHER INFORMATION CONTACT: Edgar Lee, NASA HQs, Office of
Procurement Management and Policy Division, LP-011, 300 E. Street SW,
Washington, DC 20456-001. Telephone 202-420-1384; facsimile 202-358-
3082.
SUPPLEMENTARY INFORMATION:
I. Background
NASA is proposing to amend the NFS by removing NFS 1831.205-671,
Solicitation provision, and NFS 1852.231-71, Determination of
Compensation Reasonableness, from the NFS. NASA has determined that
these provisions are unnecessary as the as they exceed the scope
requirements adequately covered in FAR provision 52.222-46, Evaluation
of Compensation for Professional Employees. Currently, NFS requires an
evaluation for all labor categories and periodic review of total
compensation plans after contract award for cost reimbursement
contracts (at least every 3 years) to evaluate the reasonableness of
compensation for all proposed labor categories in service contracts.
NASA has made a determination to rely on FAR provision 52.222-46,
agencywide templates, and instructions, to ensure consistency in the
data provided to NASA and subsequent evaluations as well as ensuring
NASA continues to pay fair and reasonable wages.
III. 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 is not a significant regulatory action and, therefore, was not
subject to review by OMB under E.O. 12866, Regulatory Planning and
Review. This rule is not a major rule under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
NASA does not expect this rule, when enacted, 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 the rule is removing the NFS unique requirements for submission
of total compensation plan. Therefore, an Initial Regulatory
Flexibility Analysis has not been performed. NASA invites comments from
small business concerns and other interested parties on the expected
impact of this rulemaking on small entities.
NASA will also consider comments from small entities concerning the
existing regulations in subparts affected by the rulemaking consistent
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 and NFS Case 2023-N002 in
correspondence.
V. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply. The
changes proposed in this rulemaking will make an existing information
collection currently approved under Office of Management and Budget
(OMB) control number 2700-0077, Contractor and Subcontractor
Compensation Plans, unnecessary. Subject to public comment to the
contrary as part of this proposed rule, NASA plans to discontinue this
collection with the publication of the final rule.
List of Subjects
48 CFR Part 1831
Accounting, Government procurement.
48 CFR Part 1852
Accounting, Government procurement, Reporting and recordkeeping
requirements.
Erica Jones,
NASA FAR Supplement Manager.
For the reasons stated in the preamble, NASA proposes to amend 48
CFR parts 1831 and 1852 as follows:
PART 1831--CONTRACT COST PRINCIPLES AND PROCEDURES
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1. The authority citation for part 1831 continues to read as follows:
Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1.
Sec. 1831.205-671 [Removed and Reserved]
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2. Remove and reserve Sec. 1831.205-671.
PART 1852--SOLICITATION PROCEDURES AND CONTRACT CLAUSES
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3. The authority citation for part 1852 continues to read as follows:
Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1.
Sec. 1852.231-71 [Removed and Reserved]
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4. Remove and reserve Sec. 1852.231-71.
[FR Doc. 2023-21313 Filed 9-29-23; 8:45 am]
BILLING CODE 7510-13-P
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