Rule2023-25761
Federal Acquisition Regulation Supplement: Revision of the Definition of “Commercial Item” (NFS Case 2022-N003); Corrections
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 24, 2023
Effective
November 24, 2023
Issuing agencies
National Aeronautics and Space Administration
Abstract
On September 19, 2023, the National Aeronautics and Space Administration (NASA) revised its rule concerning the definition of a commercial item for consistency with the FAR. However, that document inadvertently failed to update the dates associated with the NASA FAR Supplement provisions and clauses that were revised as a result of the changes to the commercial item definition and some references were erroneously unchanged. This document corrects the final regulations.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 225 (Friday, November 24, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Rules and Regulations]
[Pages 82275-82276]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25761]
[[Page 82275]]
=======================================================================
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1832 and 1852
[Notice: 23-119]
RIN 2700-AE71
Federal Acquisition Regulation Supplement: Revision of the
Definition of ``Commercial Item'' (NFS Case 2022-N003); Corrections
AGENCY: National Aeronautics and Space Administration.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: On September 19, 2023, the National Aeronautics and Space
Administration (NASA) revised its rule concerning the definition of a
commercial item for consistency with the FAR. However, that document
inadvertently failed to update the dates associated with the NASA FAR
Supplement provisions and clauses that were revised as a result of the
changes to the commercial item definition and some references were
erroneously unchanged. This document corrects the final regulations.
DATES: Effective November 24, 2023.
FOR FURTHER INFORMATION CONTACT: James Becker, NASA HQs, Office of
Procurement Management and Policy Division, LP-011, 300 E Street SW,
Washington, DC 20456-0001. Telephone 202-358-1286; facsimile 301 286-
1296; facsimile 202 358-3082.
SUPPLEMENTARY INFORMATION: The rule was published in the Federal
Register on September 19, 2023 (88 FR 64385). This document makes
corrections to the rule which became effective on October 19, 2023 (88
FR 64835).
List of Subjects in 48 CFR Parts 1832 and 1852
Government procurement.
Accordingly, 48 CFR parts 1832 and 1852 are corrected by making the
following correcting amendments:
0
1. The authority citation for parts 1832 and 1852 continues to read as
follows:
Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1.
PART 1832--CONTRACT FINANCING
0
2. Revise the heading for subpart 1832.1 to read as follows:
Subpart 1832.1--Financing for Other Than a Commercial Purchase
0
3. Revise the heading for subpart 1832.2 to read as follows:
Subpart 1832.2--Commercial Product and Commercial Service Purchase
Financing
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Amend section 1852.213-70 by the revising the date of the provision
to read as follows:
1852.213-70 Offeror Representations and Certifications--Other Than
Commercial Products and Commercial Services.
* * * * *
Offeror Representations and Certifications--Other Than Commercial
Products and Commercial Services (OCT 2023)
* * * * *
0
5. Amend section 1852.213-71 by revising the date of the provision to
read as follows:
1852.213-71 Evaluation--Other Than Commercial Products and Commercial
Services.
* * * * *
Evaluation--Other Than Commercial Products and Commercial Services (OCT
2023)
* * * * *
0
6. Amend section 1852.215-85 by revising the section heading, date of
the provision, and entry 17 of the checklist to read as follows:
1852.215-85 Proposal Adequacy Checklist.
* * * * *
Proposal Adequacy Checklist (OCT 2023)
* * * * *
Proposal Adequacy Checklist
----------------------------------------------------------------------------------------------------------------
If not provided
explain (may use
References Submission item Proposal page No. continuation pages
traceable to this
checklist)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
17. FAR 52.215-20, FAR 2.101, Has the offeror submitted an
``commercial product and exception to the submission of
commercial service''. certified cost or pricing data for
Commercial Products and Commercial
Services proposed either at the
prime or subcontractor level, in
accordance with provision 52.215-20?
a. Has the offeror specifically
identified the type of commercial
product and commercial service (FAR
2.101 commercial product and
commercial service definition) and
the basis on which it meets the
definition?
b. For modified commercial products
and commercial services (FAR 2.101
commercial product and commercial
service); did the offeror classify
the modification(s) as either--
i. A modification of a type
customarily available in the
commercial marketplace (paragraph
(3)(i)); or
ii. A minor modification (paragraph
(3)(ii)) of a type not customarily
available in the commercial
marketplace made to meet Federal
Government requirements not
exceeding the thresholds in FAR
15.403-1(c)(3)(iii)(B)?
[[Page 82276]]
c. For proposed commercial products
and commercial services ``of a
type'', or ``evolved'' or modified
(FAR 2.101 commercial product and
commercial service definition) did
the contractor provide a technical
description of the differences
between the proposed item and the
comparison item(s)?
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
7. Amend section 1852.223-74 by revising the section heading and date
of the clause to read as follows:
1852.223-74 Drug- and Alcohol-Free Workforce.
* * * * *
Drug- and Alcohol-Free Workforce (OCT 2023)
* * * * *
0
8. Amend section 1852.246-74 by revising the clause heading and date to
read as follows:
1852.246-74 Contractor Counterfeit Electronic Part Detection and
Avoidance.
* * * * *
Contractor Counterfeit Electronic Part Detection and Avoidance (OCT
2023)
* * * * *
Dated: November 15, 2023.
Erica Jones,
NASA FAR Supplement Manager.
[FR Doc. 2023-25761 Filed 11-22-23; 8:45 am]
BILLING CODE 7510-13-P
</pre></body>
</html>Indexed from Federal Register on November 24, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.