81_FR_23745 81 FR 23667 - NASA Federal Acquisition Regulation Supplement: Clarification of Award Fee Evaluations and Payments (NFS Case 2016-N008)

81 FR 23667 - NASA Federal Acquisition Regulation Supplement: Clarification of Award Fee Evaluations and Payments (NFS Case 2016-N008)

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 78 (April 22, 2016)

Page Range23667-23669
FR Document2016-09356

NASA is proposing to amend the NASA Federal Acquisition Regulation Supplement (NFS) to clarify NASA's award fee process by incorporating terms used in award fee contracting; guidance relative to final award fee evaluations; release of source selection information; and the calculation of the provisional award fee payment percentage in NASA end-item award fee contracts.

Federal Register, Volume 81 Issue 78 (Friday, April 22, 2016) 
[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Proposed Rules]
[Pages 23667-23669]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09356]


=======================================================================
-----------------------------------------------------------------------

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1816 and 1852

RIN 2700-AE31


NASA Federal Acquisition Regulation Supplement: Clarification of 
Award Fee Evaluations and Payments (NFS Case 2016-N008)

AGENCY: National Aeronautics and Space Administration.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: NASA is proposing to amend the NASA Federal Acquisition 
Regulation Supplement (NFS) to clarify NASA's award fee process by 
incorporating terms used in award fee contracting; guidance relative to 
final award fee evaluations; release of source selection information; 
and the calculation of the provisional award fee payment percentage in 
NASA end-item award fee contracts.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before June 21, 2016, to be considered in 
the formation of a final rule.

ADDRESSES: Submit comments identified by NFS Case 2016-N008, using any 
of the following methods:
    [cir] Regulations.gov: http://www.regulations.gov. Submit comments 
via the Federal eRulemaking portal by entering ``NFS Case 2016-N008'' 
under the heading ``Enter keyword or ID'' and selecting ``Search.'' 
Select the link ``Submit a Comment'' that corresponds with ``NFS Case 
2016-N008.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``NFS Case 2016-N008'' on your attached document.
    [cir] Email: [email protected]. Include NFS Case 2016-N008 
in the subject line of the message.
    [cir] Fax: (202) 358-3082.
    [cir] Mail: NASA Headquarters (HQ), Office of Procurement, Contract 
and Grant Policy Division, Attn: Mr. William Roets, Suite 5M18, 300 E 
Street SW., Washington, DC 20546-0001.

FOR FURTHER INFORMATION CONTACT: Mr. William Roets, NASA HQ, Office of 
Procurement, Contract and Grant Policy Division, Suite 5M18, 300 E 
Street SW., Washington, DC 20456-0001. Telephone 202-358-4483; 
facsimile 202-358-3082.

SUPPLEMENTARY INFORMATION:

I. Background

    NASA is proposing to revise the NFS to clarify NASA's award fee 
process. As part of the NASA Office of Procurement internal reviews and 
the NASA Office of the Inspector General (OIG) audit entitled ``NASA's 
Use of Award Fee Contracts,'' Report Number IG-14-003, NASA is 
implementing revisions to NFS 1816.4 and 1852.216-77 to clarify NASA's 
award fee evaluation and payment processes.

II. Discussion

    NASA is proposing the following revisions to clarify NASA's award 
fee process:
     Add new definitions section at NFS 1816.001. Definitions 
for Earned Award Fee and Unearned Award Fee are being added to provide 
clarity and consistency in how these terms are utilized in NASA's award 
fee evaluation process.
     Revise NFS 1816.405-273(b) to provide further management 
review for final award fee determinations that meet certain criteria as 
outlined in this rule's revised NFS text.
     Revise NFS 1816.405-273(c) to provide clarification 
regarding the release of source selection information that is included 
in the Contractor Performance Assessment Reporting System (CPARS).
     Revise NFS 1816.405-276(b) and 1852.216-77(c)(3) to 
clarify how provisional award fee payments are calculated in NASA end-
item award fee contracts. The current NFS text describes this 
calculation as ``limited to a percentage not to exceed 80 percent of 
the prior interim period's evaluation score'' and yet does not address 
how the first award fee evaluation period should be handled. To address 
this issue, NFS is being revised to read: ``limited to a percentage not 
to exceed 80 percent of the prior interim period's evaluation score, 
except for the first evaluation period, which is limited to 80 percent 
of the available award fee for that evaluation period.''
     In addition, since the FAR removed clause 52.216-13 in 
Federal Acquisition Circular (FAC) 2005-17, NASA is removing references 
to this clause contained in NFS 1816.307, 1816.307-70, and 1852.216-89.

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

[[Page 23668]]

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 under section 6(b) of E.O. 12866, 
Regulatory Planning and Review, dated September 30, 1993. 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 
guidance largely clarifies NASA's award fee evaluation and payment 
process, which should result in a more consistent use and 
administration of award fees within NASA. These revisions should 
provide all entities, both large and small, with a positive benefit. 
However, an initial regulatory flexibility analysis (IRFA) has been 
performed and is summarized as follows:
    An analysis of data in the Federal Procurement Data System (FPDS) 
revealed that award fee contracts are primarily awarded to large 
businesses with large dollar contracts. An analysis of FPDS data over 
the past three years (Fiscal Year (FY)2013 through FY2015) showed that 
an average of 157 award fee contracts were awarded at NASA per year, of 
which 33 (approximately 20%) were awarded to small businesses. Thus, 
the application of the award fee revisions contained in this rule do 
not apply to a substantial number of small entities.
    The rule imposes no reporting, recordkeeping, or other information 
collection requirements. The rule does not duplicate, overlap, or 
conflict with any other Federal rules, and there are no known 
significant alternatives to the rule.
    NASA invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    NASA will also consider comments from small entities concerning the 
existing regulations in subparts affected by this rule in accordance 
with 5 U.S.C. 610. Interested parties shall submit such comments 
separately and should cite 5 U.S.C. 610 (NFS Case 2016-N008), in 
correspondence.

V. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 1816 and 1852

    Government procurement.

Manuel Quinones,
NASA FAR Supplement Manager.

    Accordingly, 48 CFR parts 1816 and 1852 are proposed to be amended 
as follows:

0
1. The authority citation for parts 1816 and 1852 continues to read as 
follows:

    Authority:  51 U.S.C. 20113(a) and 48 CFR chapter 1.

PART 1816--TYPES OF CONTRACTS

0
2. Add section 1816.001 to read as follows:


1816.001  Definitions.

    As used in this part--
    ``Earned Award Fee'' means the payment of the full amount of an 
award fee evaluation period's score/rating.
    ``Unearned Award Fee'' means the difference between the available 
award fee pool amount for a given award fee evaluation period less the 
contractor's earned award fee amount for that same evaluation period.
* * * * *


1816.307  [Amended]

0
3. Amend section 1816.307 by removing paragraph (g)(1) in its entirety.
0
4. Revise section 1816.307-70, in paragraph (f), to read as follows:


1816.307-70  NASA contract clauses.

* * * * *
    (f) When FAR clause 52.216-7, Allowable Cost and Payment, is 
included in the contract, as prescribed at FAR 16.307(a), the 
contracting officer should include the clause at 1852.216-89, 
Assignment and Release Forms.
* * * * *
0
5. Amend section 1816.405-273 by revising paragraphs (b) and (c) to 
read as follows:


1816.405-273  Award fee evaluations.

* * * * *
    (b) End Item Contracts. On contracts, such as those for end item 
deliverables, where the true quality of contractor performance cannot 
be measured until the end of the contract, only the last evaluation is 
final. At that point, the total contract award fee pool is available, 
and the contractor's total performance is evaluated against the award 
fee plan to determine total earned award fee. In addition to the final 
evaluation, interim evaluations are done to monitor performance prior 
to contract completion, provide feedback to the contractor on the 
Government's assessment of the quality of its performance, and 
establish the basis for making interim award fee payments (see 
1816.405-276(a)). These interim evaluations and associated interim 
award fee payments are superseded by the fee determination made in the 
final evaluation at contract completion. However, if the final award 
fee adjectival rating is higher or lower than the average adjectival 
rating of all the interim award fee periods, or if the final award fee 
score is eight base percentage points higher or lower than the average 
award fee score of all interim award fee periods (e.g. 80% to 88%), 
then the Head of the Contracting Activity (HCA) or the Deputy Chief 
Acquisition Officer (if the HCA is the Fee Determination Official) 
shall review and concur in the final award fee determination. The 
Government will then pay the contractor, or the contractor will refund 
to the Government, the difference between the final award fee 
determination and the cumulative interim fee payments.
    (c) Control of evaluations. Interim and final evaluations may be 
used to provide past performance information during the source 
selection process in future acquisitions and should be marked and 
controlled as ``Source Selection Information--see FAR 3.104''. See FAR 
42.1503(h) regarding the requirements for releasing Source Selection 
Information included in the Contractor Performance Assessment Reporting 
System (CPARS).
* * * * *
0
6. Amend section 1816.405-276 by revising the last sentence of 
paragraph (b) to read as follows:


1816.405-276  Award fee payments and limitations.

* * * * *
    (b) * * * For an end item contract, the total amount of provisional 
payments in a period is limited to a percentage not to exceed 80 
percent of the prior interim period's evaluation score, except for the 
first evaluation period which is limited to 80 percent of the available 
award fee for that evaluation period.
* * * * *

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
7. Amend section 1852.216-77 by revising the date of the clause and 
paragraph (c)(3). The revised text reads as follows:


1852.216-77  Award Fee for End Item Contracts.

* * * * *

[[Page 23669]]

    Award Fee for End Item Contracts (Date)
* * * * *
    (c)(1) * * *
    (3) Provisional award fee payments will [insert ``not'' if 
applicable] be made under this contract pending each interim 
evaluation. If applicable, provisional award fee payments will be made 
to the Contractor on a [insert the frequency of provisional payments 
(not more often than monthly) basis. The amount of award fee which will 
be provisionally paid in each evaluation period is limited to [Insert a 
percent not to exceed 80 percent] of the prior interim evaluation score 
(see [insert applicable cite]), except for the first evaluation period 
which is limited to [insert a percent not to exceed 80 percent] of the 
available award fee for that evaluation period. Provisional award fee 
payments made each evaluation period will be superseded by the interim 
award fee evaluation for that period. If provisional payments made 
exceed the interim evaluation score, the Contractor will either credit 
the next payment voucher for the amount of such overpayment or refund 
the difference to the Government, as directed by the Contracting 
Officer. If the Government determines that (i) the total amount of 
provisional fee payments will apparently substantially exceed the 
anticipated final evaluation score, or (ii) the prior interim 
evaluation is ``poor/unsatisfactory,'' the Contracting Officer will 
direct the suspension or reduction of the future payments and/or 
request a prompt refund of excess payments as appropriate. Written 
notification of the determination will be provided to the Contractor 
with a copy to the Deputy Chief Financial Officer (Finance).
* * * * *
0
8. Amend section 1852.216-89 by revising the date of the clause, and 
the first sentence of the paragraph to read as follows:


1852.216-89  Assignment and Release Forms.

* * * * *
Assignment and Release Forms ([Date])
    The Contractor shall use the following forms to fulfill the 
assignment and release requirements of FAR clause 52.216-7, Allowable 
Cost and Payment:
* * * * *
[FR Doc. 2016-09356 Filed 4-21-16; 8:45 am]
 BILLING CODE 7510-13-P

Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Proposed Rules 23667 SUPPLEMENTARY INFORMATION: NATIONAL AERONAUTICS AND part of the NASA Office of Procurement SPACE ADMINISTRATION internal reviews and the NASA Office of Public Comment Procedures the Inspector General (OIG) audit If you wish to comment, you may 48 CFR Parts 1816 and 1852 entitled ‘‘NASA’s Use of Award Fee submit your comments by any one of RIN 2700–AE31 Contracts,’’ Report Number IG–14–003, several methods listed in the ADDRESSES NASA is implementing revisions to NFS section above. Please make your NASA Federal Acquisition Regulation 1816.4 and 1852.216–77 to clarify comments as specific as possible by Supplement: Clarification of Award Fee NASA’s award fee evaluation and confining them to issues directly related Evaluations and Payments (NFS Case payment processes. to the content of the proposed rule, and 2016–N008) II. Discussion explain the basis for your comments. The comments and recommendations AGENCY: National Aeronautics and NASA is proposing the following that will be most useful and likely to Space Administration. revisions to clarify NASA’s award fee influence agency decisions are: ACTION: Proposed rule. process: • Add new definitions section at NFS 1. Those supported by quantitative SUMMARY: NASA is proposing to amend 1816.001. Definitions for Earned Award information or studies; and the NASA Federal Acquisition Fee and Unearned Award Fee are being 2. Those that include citations to, and Regulation Supplement (NFS) to clarify added to provide clarity and analyses of, the applicable laws and NASA’s award fee process by consistency in how these terms are regulations. incorporating terms used in award fee utilized in NASA’s award fee evaluation The BLM is not obligated to consider contracting; guidance relative to final process. or include in the Administrative Record award fee evaluations; release of source • Revise NFS 1816.405–273(b) to for the rule comments received after the selection information; and the provide further management review for close of the comment period (see DATES) calculation of the provisional award fee final award fee determinations that meet or comments delivered to an address payment percentage in NASA end-item certain criteria as outlined in this rule’s other than those listed above (see award fee contracts. revised NFS text. ADDRESSES). DATES: Comments on the proposed rule • Revise NFS 1816.405–273(c) to should be submitted in writing to the provide clarification regarding the Comments, including names and release of source selection information street addresses of respondents, will be address shown below on or before June 21, 2016, to be considered in the that is included in the Contractor available for public review at the Performance Assessment Reporting address listed under ADDRESSES during formation of a final rule. ADDRESSES: Submit comments System (CPARS). regular hours (7:45 a.m. to 4:15 p.m.), • Revise NFS 1816.405–276(b) and Monday through Friday, except identified by NFS Case 2016–N008, 1852.216–77(c)(3) to clarify how holidays. using any of the following methods: provisional award fee payments are Before including your address, Æ Regulations.gov: http:// calculated in NASA end-item award fee telephone number, email address, or www.regulations.gov. Submit comments contracts. The current NFS text other personal identifying information via the Federal eRulemaking portal by describes this calculation as ‘‘limited to in your comment, be advised that your entering ‘‘NFS Case 2016–N008’’ under a percentage not to exceed 80 percent of entire comment—including your the heading ‘‘Enter keyword or ID’’ and the prior interim period’s evaluation personal identifying information—may selecting ‘‘Search.’’ Select the link score’’ and yet does not address how the be made publicly available at any time. ‘‘Submit a Comment’’ that corresponds first award fee evaluation period should While you can ask in your comment to with ‘‘NFS Case 2016–N008.’’ Follow be handled. To address this issue, NFS withhold from public review your the instructions provided at the ‘‘Submit is being revised to read: ‘‘limited to a personal identifying information, we a Comment’’ screen. Please include your percentage not to exceed 80 percent of cannot guarantee that we will be able to name, company name (if any), and the prior interim period’s evaluation do so. ‘‘NFS Case 2016–N008’’ on your score, except for the first evaluation attached document. Background period, which is limited to 80 percent Æ Email: william.roets-1@nasa.gov. of the available award fee for that Include NFS Case 2016–N008 in the The proposed rule was published on evaluation period.’’ subject line of the message. • In addition, since the FAR removed February 25, 2016 (81 FR 9674), with a Æ Fax: (202) 358–3082. 60-day comment period closing on April clause 52.216–13 in Federal Acquisition Æ Mail: NASA Headquarters (HQ), 25, 2016. Since publication, the BLM Circular (FAC) 2005–17, NASA is Office of Procurement, Contract and has received requests to extend the removing references to this clause Grant Policy Division, Attn: Mr. William comment period on the proposed rule. contained in NFS 1816.307, 1816.307– Roets, Suite 5M18, 300 E Street SW., After considering these requests, the 70, and 1852.216–89. Washington, DC 20546–0001. BLM determined that it is appropriate to III. Executive Orders 12866 and 13563 FOR FURTHER INFORMATION CONTACT: Mr. grant the requests to extend the comment period, and the BLM is hereby William Roets, NASA HQ, Office of Executive Orders (E.O.s) 12866 and extending the comment period on the Procurement, Contract and Grant Policy 13563 direct agencies to assess all costs Division, Suite 5M18, 300 E Street SW., and benefits of available regulatory mstockstill on DSK4VPTVN1PROD with PROPOSALS rule for 30 days. The closing date of the extended comment period is May 25, Washington, DC 20456–0001. alternatives and, if regulation is 2016. Telephone 202–358–4483; facsimile necessary, to select regulatory 202–358–3082. approaches that maximize net benefits Janice M. Schneider, SUPPLEMENTARY INFORMATION: (including potential economic, Assistant Secretary, Land and Minerals environmental, public health and safety Management. I. Background effects, distributive impacts, and [FR Doc. 2016–09439 Filed 4–21–16; 8:45 am] NASA is proposing to revise the NFS equity). E.O. 13563 emphasizes the BILLING CODE 4310–84–P to clarify NASA’s award fee process. As importance of quantifying both costs VerDate Sep<11>2014 17:53 Apr 21, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\22APP1.SGM 22APP1

23668 Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Proposed Rules and benefits, of reducing costs, of List of Subjects in 48 CFR Part 1816 and assessment of the quality of its harmonizing rules, and of promoting 1852 performance, and establish the basis for flexibility. This is not a significant Government procurement. making interim award fee payments (see regulatory action and, therefore, was not 1816.405–276(a)). These interim subject to review under section 6(b) of Manuel Quinones, evaluations and associated interim E.O. 12866, Regulatory Planning and NASA FAR Supplement Manager. award fee payments are superseded by Review, dated September 30, 1993. This Accordingly, 48 CFR parts 1816 and the fee determination made in the final rule is not a major rule under 5 U.S.C. 1852 are proposed to be amended as evaluation at contract completion. 804. follows: However, if the final award fee adjectival rating is higher or lower than IV. Regulatory Flexibility Act ■ 1. The authority citation for parts the average adjectival rating of all the NASA does not expect this rule to 1816 and 1852 continues to read as interim award fee periods, or if the final have a significant economic impact on follows: award fee score is eight base percentage a substantial number of small entities Authority: 51 U.S.C. 20113(a) and 48 CFR points higher or lower than the average within the meaning of the Regulatory chapter 1. award fee score of all interim award fee Flexibility Act, 5 U.S.C. 601, et seq., periods (e.g. 80% to 88%), then the because the guidance largely clarifies PART 1816—TYPES OF CONTRACTS Head of the Contracting Activity (HCA) NASA’s award fee evaluation and ■ 2. Add section 1816.001 to read as or the Deputy Chief Acquisition Officer payment process, which should result follows: (if the HCA is the Fee Determination in a more consistent use and Official) shall review and concur in the administration of award fees within 1816.001 Definitions. final award fee determination. The NASA. These revisions should provide As used in this part— Government will then pay the all entities, both large and small, with ‘‘Earned Award Fee’’ means the contractor, or the contractor will refund a positive benefit. However, an initial payment of the full amount of an award to the Government, the difference regulatory flexibility analysis (IRFA) has fee evaluation period’s score/rating. between the final award fee been performed and is summarized as ‘‘Unearned Award Fee’’ means the determination and the cumulative follows: difference between the available award interim fee payments. An analysis of data in the Federal fee pool amount for a given award fee (c) Control of evaluations. Interim and Procurement Data System (FPDS) evaluation period less the contractor’s final evaluations may be used to provide revealed that award fee contracts are earned award fee amount for that same past performance information during primarily awarded to large businesses evaluation period. the source selection process in future with large dollar contracts. An analysis * * * * * acquisitions and should be marked and of FPDS data over the past three years controlled as ‘‘Source Selection (Fiscal Year (FY)2013 through FY2015) 1816.307 [Amended] Information—see FAR 3.104’’. See FAR showed that an average of 157 award fee ■ 3. Amend section 1816.307 by 42.1503(h) regarding the requirements contracts were awarded at NASA per removing paragraph (g)(1) in its entirety. for releasing Source Selection year, of which 33 (approximately 20%) ■ 4. Revise section 1816.307–70, in Information included in the Contractor were awarded to small businesses. paragraph (f), to read as follows: Performance Assessment Reporting Thus, the application of the award fee System (CPARS). 1816.307–70 NASA contract clauses. revisions contained in this rule do not * * * * * apply to a substantial number of small * * * * * ■ 6. Amend section 1816.405–276 by entities. (f) When FAR clause 52.216–7, revising the last sentence of paragraph The rule imposes no reporting, Allowable Cost and Payment, is (b) to read as follows: recordkeeping, or other information included in the contract, as prescribed collection requirements. The rule does at FAR 16.307(a), the contracting officer 1816.405–276 Award fee payments and should include the clause at 1852.216– limitations. not duplicate, overlap, or conflict with any other Federal rules, and there are no 89, Assignment and Release Forms. * * * * * known significant alternatives to the * * * * * (b) * * * For an end item contract, rule. ■ 5. Amend section 1816.405–273 by the total amount of provisional NASA invites comments from small revising paragraphs (b) and (c) to read payments in a period is limited to a business concerns and other interested as follows: percentage not to exceed 80 percent of parties on the expected impact of this the prior interim period’s evaluation 1816.405–273 Award fee evaluations. score, except for the first evaluation rule on small entities. NASA will also consider comments * * * * * period which is limited to 80 percent of from small entities concerning the (b) End Item Contracts. On contracts, the available award fee for that existing regulations in subparts affected such as those for end item deliverables, evaluation period. by this rule in accordance with 5 U.S.C. where the true quality of contractor * * * * * 610. Interested parties shall submit such performance cannot be measured until comments separately and should cite 5 the end of the contract, only the last PART 1852—SOLICITATION U.S.C. 610 (NFS Case 2016–N008), in evaluation is final. At that point, the PROVISIONS AND CONTRACT total contract award fee pool is CLAUSES mstockstill on DSK4VPTVN1PROD with PROPOSALS correspondence. available, and the contractor’s total ■ 7. Amend section 1852.216–77 by V. Paperwork Reduction Act performance is evaluated against the revising the date of the clause and The rule does not contain any award fee plan to determine total earned paragraph (c)(3). The revised text reads information collection requirements that award fee. In addition to the final as follows: require the approval of the Office of evaluation, interim evaluations are done Management and Budget under the to monitor performance prior to contract 1852.216–77 Award Fee for End Item Paperwork Reduction Act (44 U.S.C. completion, provide feedback to the Contracts. chapter 35). contractor on the Government’s * * * * * VerDate Sep<11>2014 17:53 Apr 21, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\22APP1.SGM 22APP1

Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Proposed Rules 23669 Award Fee for End Item Contracts DEPARTMENT OF COMMERCE ‘‘NOAA–NMFS–2016–0035’’ in the (Date) comments. * * * * * National Oceanic and Atmospheric Instructions: Comments must be Administration submitted by one of the above methods (c)(1) * * * to ensure they are received, (3) Provisional award fee payments 50 CFR Part 300 documented, and considered by NMFS. will [insert ‘‘not’’ if applicable] be made Comments sent by any other method, to under this contract pending each [Docket No. 160104009–6314–01] any other address or individual, or interim evaluation. If applicable, received after the end of the comment RIN 0648–BF65 provisional award fee payments will be period, may not be considered. All made to the Contractor on a [insert the International Fisheries; Tuna and comments received are a part of the frequency of provisional payments (not Tuna-Like Species in the Eastern public record and will generally be more often than monthly) basis. The Pacific Ocean; Fishing Restrictions posted for public viewing on amount of award fee which will be Regarding Mobulid Rays www.regulations.gov without change. provisionally paid in each evaluation All personal identifying information AGENCY: National Marine Fisheries (e.g., name, address, etc.) submitted period is limited to [Insert a percent not Service (NMFS), National Oceanic and voluntarily by the sender will be to exceed 80 percent] of the prior Atmospheric Administration (NOAA), publicly accessible. Do not submit interim evaluation score (see [insert Commerce. confidential business information, or applicable cite]), except for the first ACTION: Proposed rule; request for otherwise sensitive or protected evaluation period which is limited to information. NMFS will accept comments. [insert a percent not to exceed 80 anonymous comments (enter ‘‘N/A’’ in percent] of the available award fee for SUMMARY: NMFS proposes regulations the required fields if you wish to remain that evaluation period. Provisional under the Tuna Conventions Act to anonymous). award fee payments made each implement Resolution C–15–04 Copies of the draft Regulatory Impact evaluation period will be superseded by (Resolution on the Conservation of Review and other supporting documents the interim award fee evaluation for that Mobulid Rays Caught in Association are available via the Federal period. If provisional payments made with Fisheries in the IATTC Convention eRulemaking Portal: http:// exceed the interim evaluation score, the Area) of the Inter-American Tropical www.regulations.gov, docket NOAA– Contractor will either credit the next Tuna Commission (IATTC). Per the NMFS–2016–0035 or by contacting the payment voucher for the amount of such Resolution, this rule would prohibit any Regional Administrator, William W. overpayment or refund the difference to part or whole carcass of mobulid rays Stelle, Jr., NMFS West Coast Region, the Government, as directed by the (i.e., the family Mobulidae, which 7600 Sand Point Way NE., Bldg 1, Contracting Officer. If the Government includes manta rays (Manta spp.) and Seattle, WA 98115–0070, or determines that (i) the total amount of devil rays (Mobula spp.)) caught in the RegionalAdministrator.WCRHMS@ provisional fee payments will IATTC Convention Area from being noaa.gov. apparently substantially exceed the retained on board, transshipped, landed, FOR FURTHER INFORMATION CONTACT: anticipated final evaluation score, or (ii) stored, sold, or offered for sale. In Rachael Wadsworth, NMFS, West Coast accordance with the Resolution, the the prior interim evaluation is ‘‘poor/ Region, 562–980–4036. proposed rule also includes unsatisfactory,’’ the Contracting Officer SUPPLEMENTARY INFORMATION: requirements for release of mobulid will direct the suspension or reduction rays. This proposed rule would also Background on the IATTC of the future payments and/or request a revise related codified text for prompt refund of excess payments as The United States is a member of the consistency with the recent appropriate. Written notification of the IATTC, which was established under amendments to the Tuna Conventions determination will be provided to the the 1949 Convention for the Act. This action is necessary for the Contractor with a copy to the Deputy Establishment of an Inter-American United States to satisfy its obligations as Chief Financial Officer (Finance). Tropical Tuna Commission. In 2003, the a member of the IATTC. IATTC adopted the Convention for the * * * * * DATES: Comments on the proposed rule Strengthening of the IATTC Established ■ 8. Amend section 1852.216–89 by and supporting documents must be by the 1949 Convention between the revising the date of the clause, and the submitted in writing by May 23, 2016. United States of America and the first sentence of the paragraph to read as ADDRESSES: You may submit comments Republic of Costa Rica (Antigua follows: on this document, identified by NOAA– Convention). The Antigua Convention NMFS–2016–0035, by any of the entered into force in 2010. The United 1852.216–89 Assignment and Release following methods: States acceded to the Antigua Forms. • Electronic Submission: Submit all Convention on February 24, 2016. The * * * * * electronic public comments via the full text of the Antigua Convention is Federal e-Rulemaking Portal. Go to available at: https://www.iattc.org/ Assignment and Release Forms ([Date]) http://www.regulations.gov/ PDFFiles2/Antigua_Convention_Jun_ #!docketDetail;D=NOAA-NMFS-2016- 2003.pdf. mstockstill on DSK4VPTVN1PROD with PROPOSALS The Contractor shall use the following forms to fulfill the assignment and 0035, click the ‘‘Comment Now!’’ icon, The IATTC consists of 21 member release requirements of FAR clause complete the required fields, and enter nations and four cooperating non- 52.216–7, Allowable Cost and Payment: or attach your comments. member nations and facilitates scientific • Mail: Submit written comments to research into, as well as the * * * * * Rachael Wadsworth, NMFS West Coast conservation and management of, tuna [FR Doc. 2016–09356 Filed 4–21–16; 8:45 am] Region Long Beach Office, 501 W. and tuna-like species in the IATTC BILLING CODE 7510–13–P Ocean Blvd., Suite 4200, Long Beach, Convention Area. The IATTC CA 90802. Include the identifier Convention Area is defined as waters of VerDate Sep<11>2014 17:53 Apr 21, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\22APP1.SGM 22APP1


Document Created: 2017-08-22 23:36:44
Document Modified: 2017-08-22 23:36:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments on the proposed rule should be submitted in writing to
ContactMr. William Roets, NASA HQ, Office of Procurement, Contract and Grant Policy Division, Suite 5M18, 300 E Street SW., Washington, DC 20456-0001. Telephone 202-358-4483; facsimile 202-358-3082.
FR Citation81 FR 23667 
RIN Number2700-AE31
CFR Citation48 CFR 1816
48 CFR 1852
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR