Rule2024-01124
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
January 24, 2024
Effective
February 23, 2024
Issuing agencies
National Aeronautics and Space Administration
Abstract
NASA is finalizing amendments to the NASA Federal Acquisition Regulation Supplement (NFS) as well as corresponding sections of the CFR to a solicitation provision and clause.
Full Text
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<title>Federal Register, Volume 89 Issue 16 (Wednesday, January 24, 2024)</title>
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[Federal Register Volume 89, Number 16 (Wednesday, January 24, 2024)]
[Rules and Regulations]
[Pages 4563-4564]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01124]
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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 (NASA).
ACTION: Final rule.
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SUMMARY: NASA is finalizing amendments to the NASA Federal Acquisition
Regulation Supplement (NFS) as well as corresponding sections of the
CFR to a solicitation provision and clause.
DATES: Effective February 23, 2024.
FOR FURTHER INFORMATION CONTACT: Edgar Lee, NASA HQ, Office of
Procurement Grants 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 proposed a rule in the Federal Register at 88 FR 67720 on
October 2, 2023, 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 these
provisions are unnecessary as they exceed the scope requirements
adequately covered in Federal Acquisition Regulation (FAR) provision
52.222-46, Evaluation of Compensation for Professional Employees (48
CFR 52.222-46). 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 to ensure NASA
continues to pay fair and reasonable wages.
II. Discussion
As no public comments were submitted on the proposed rule, NASA is
finalizing this rule with no changes.
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
[[Page 4564]]
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 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 was not performed.
V. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply. With
the publication of this final rule, an existing information collection
currently approved under Office of Management and Budget (OMB) control
number 2700-0077, Contractor and Subcontractor Compensation Plans, is
no longer needed. Once the final rule is effective, NASA will
discontinue this collection and rely on OMB control number 9000-0066,
Certain Federal Acquisition Regulation Part 22 Labor Requirements--FAR
Sections Affected: 52.222-2, 52.222-6, 52.222-11, 52.222-18, 52.222-33,
52.222-34, 52.222-46, and SF 1413 and 1444.
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 amends 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.
1831.205-671 [Removed and Reserved]
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2. Remove and reserve section 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.
1852.231-71 [Removed and Reserved]
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4. Remove and reserve section 1852.231-71.
[FR Doc. 2024-01124 Filed 1-23-24; 8:45 am]
BILLING CODE 7510-13-P
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</html>Indexed from Federal Register on January 24, 2024.
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