83 FR 29040 - NASA Federal Acquisition Regulation Supplement: Removal of Reference to the Shared Savings Policy and Associated Clause (NFS Case 2018-N008)

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 83, Issue 121 (June 22, 2018)

Page Range		29040-29041
FR Document		2018-13463

NASA is issuing a final rule to amend the NASA Federal Acquisition Regulation (FAR) Supplement (NFS) to remove reference to the Shared Savings policy and associated clause.

Federal Register, Volume 83 Issue 121 (Friday, June 22, 2018)

[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 29040-29041]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13463]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1843 and 1852

RIN 2700-AE44


NASA Federal Acquisition Regulation Supplement: Removal of 
Reference to the Shared Savings Policy and Associated Clause (NFS Case 
2018-N008)

AGENCY: National Aeronautics and Space Administration.

ACTION: Direct final rule.

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SUMMARY: NASA is issuing a final rule to amend the NASA Federal 
Acquisition Regulation (FAR) Supplement (NFS) to remove reference to 
the Shared Savings policy and associated clause.

DATES: This final rule is effective August 21, 2018. Comments due on or 
before July 23, 2018. If adverse comments are received, NASA will 
publish a timely withdrawal of the rule in the Federal Register.

ADDRESSES: Submit comments identified by NFS Case 2018-N008, using any 
of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Submit comments via the Federal eRulemaking portal by searching for 
``NFS Case 2018-N008''. Select the link ``Comment Now'' that 
corresponds with ``NFS Case 2018-N008''. Follow the instructions 
provided on the screen. Please include your name, company name (if 
any), and ``NFS Case 2018-N008'' on any uploaded files.''
    [cir] Email: [email protected]. Include ``NFS Case 2018-
N008'' in the subject line of the message.

FOR FURTHER INFORMATION CONTACT: Marilyn J. Seppi, NASA Headquarters, 
Office of Procurement, Contract and Grant Policy Division, Suite 5H35, 
300 E. Street SW, Washington, DC 20456-0001. Telephone 202-358-0447.

SUPPLEMENTARY INFORMATION:

I. Background

    NFS subpart 1843.71, Shared Savings, and associated clause 
1852.243-71, Shared Savings, were added to the NFS in 1997. The intent 
of the clause was to provide an incentive for contractors to identify 
and implement significant cost reduction programs. In return, they 
would be eligible for a share of the realized savings which resulted 
from those cost-cutting projects once they were approved by the 
contracting officer. Pursuant to Executive Order 13563, Improving 
Regulation and Regulatory Review, and Executive Order 13777, Enforcing 
the Regulatory Reform Agenda, NASA is continually reviewing existing 
regulations with the objective of reducing or removing any unnecessary, 
outdated and burdensome requirements that have outlived their intended 
purpose, NFS 1843.71, Shared Savings, and associated clause 1852.243-
71, Shared Savings were reviewed and recommended for removal from the 
NFS since they are duplicative of the FAR part 48, Value Engineering 
Change Proposal (VECP) program and associated clauses implemented under 
OMB Circular A-131, Value Engineering. The FAR VECP clauses provide the 
same

[[Page 29041]]

incentive to contactors as the NFS Shared Savings clause.
    NASA does not anticipate opposition to the changes or significant 
adverse comments. However, if the Agency receives significant adverse 
comment, it will withdraw this final rule by publishing a document in 
the Federal Register. A significant adverse comment is one that 
explains: (1) Why the final rule is inappropriate, including challenges 
to the rule's underlying premise or approach; or (2) why the final rule 
will be ineffective or unacceptable without change. In determining 
whether a comment necessitates withdrawal of this final rule, NASA will 
consider whether it warrants a substantive response in a notice and 
comment process.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    Publication of proposed regulations, 41 U.S.C. 1707, is the statute 
which applies to the publication of the Federal Acquisition Regulation 
(FAR). Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation, procedure or form (including an amendment or 
modification thereof) must be published for public comment if it 
relates to the expenditure of appropriated funds, and has either a 
significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment 
because it makes nonsubstantive changes to Agency regulations that has 
minimal impact on contractors or offerors as there are value 
engineering proposal clauses prescribed in FAR part 48 that may be 
utilized in lieu of the NFS clause. The rule merely removes from the 
NFS policy and an associated clause that is outdated and redundant to 
policy that is already provided for in the FAR.

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 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. Executive Order 13371

    This rule is not subject to Executive Order (E.O.) 13771, Reducing 
Regulation and Controlling Regulatory Costs, because this rule is not a 
significant regulatory action under E.O. 12866.

V. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant NFS revision within 
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 and therefore does not 
require publication for public comment.

VI. 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 Parts 1843 and 1852

    Government procurement.

Geoffrey Sage,
NASA FAR Supplement Manager.

    Accordingly, 48 CFR parts 1843 and 1852 are amended as follows:

0
1. The authority citation for parts 1843 and 1852 continues to read as 
follows:

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

PART 1843--CONTRACT MODIFICATIONS

Subpart 1843.71 [Removed]

0
2. Remove subpart 1843.71, consisting of sections 1843.7101 and 
1843.7102.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


1852.243-71   [Removed and Reserved]

0
3. Remove and reserve 1852.243-71.

[FR Doc. 2018-13463 Filed 6-21-18; 8:45 am]
BILLING CODE 7510-13-P

Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 29041

incentive to contactors as the NFS regulatory action and, therefore, was not DEPARTMENT OF COMMERCE
Shared Savings clause. subject to review under section 6(b) of
NASA does not anticipate opposition E.O. 12866, Regulatory Planning and National Oceanic and Atmospheric
to the changes or significant adverse Review, dated September 30, 1993. This Administration
comments. However, if the Agency rule is not a major rule under 5 U.S.C.
receives significant adverse comment, it 804. 50 CFR Part 622
will withdraw this final rule by
publishing a document in the Federal IV. Executive Order 13371 [Docket No. 170627600–8521–02]
Register. A significant adverse comment RIN 0648–BG99
is one that explains: (1) Why the final This rule is not subject to Executive
rule is inappropriate, including Order (E.O.) 13771, Reducing Fisheries of the Caribbean, Gulf of
challenges to the rule’s underlying Regulation and Controlling Regulatory Mexico, and South Atlantic; Reef Fish
premise or approach; or (2) why the Costs, because this rule is not a Fishery of the Gulf of Mexico; Mutton
final rule will be ineffective or significant regulatory action under E.O. Snapper and Gag Management
unacceptable without change. In 12866. Measures
determining whether a comment
V. Regulatory Flexibility Act AGENCY: National Marine Fisheries
necessitates withdrawal of this final
rule, NASA will consider whether it Service (NMFS), National Oceanic and
The Regulatory Flexibility Act does
warrants a substantive response in a Atmospheric Administration (NOAA),
not apply to this rule because this final Commerce.
notice and comment process. rule does not constitute a significant
ACTION: Final rule.
II. Publication of This Final Rule for NFS revision within the meaning of
Public Comment Is Not Required by FAR 1.501–1 and 41 U.S.C. 1707 and SUMMARY: NMFS issues regulations to
Statute therefore does not require publication implement management measures
Publication of proposed regulations, for public comment. described in a framework action to the
41 U.S.C. 1707, is the statute which VI. Paperwork Reduction Act Fishery Management Plan for the Reef
applies to the publication of the Federal Fish Resources of the Gulf of Mexico
Acquisition Regulation (FAR). The rule does not contain any (FMP), as prepared by the Gulf of
Paragraph (a)(1) of the statute requires information collection requirements that Mexico (Gulf) Fishery Management
that a procurement policy, regulation, require the approval of the Office of Council (Council). This final rule
procedure or form (including an Management and Budget under the revises the mutton snapper commercial
amendment or modification thereof) Paperwork Reduction Act (44 U.S.C. and recreational minimum size limits,
must be published for public comment chapter 35). the recreational bag limit, and the stock
if it relates to the expenditure of annual catch limit (ACL). In addition,
appropriated funds, and has either a List of Subjects in 48 CFR Parts 1843 this final rule revises the gag
significant effect beyond the internal and 1852 commercial minimum size limit. The
operating procedures of the agency purposes of this final rule are to reduce
issuing the policy, regulation, procedure Government procurement. harvest of mutton snapper to prevent
or form, or has a significant cost or Geoffrey Sage, overfishing while also achieving
administrative impact on contractors or NASA FAR Supplement Manager.
optimum yield (OY), and streamline
offerors. This final rule is not required management measures to help increase
to be published for public comment Accordingly, 48 CFR parts 1843 and compliance with the fishing regulations
because it makes nonsubstantive 1852 are amended as follows: for mutton snapper and gag in the
changes to Agency regulations that has exclusive economic zone (EEZ) of the
minimal impact on contractors or ■ 1. The authority citation for parts Gulf off Florida.
offerors as there are value engineering 1843 and 1852 continues to read as DATES: This final rule is effective July
proposal clauses prescribed in FAR part follows: 23, 2018.
48 that may be utilized in lieu of the Authority: 51 U.S.C. 20113(a) and 48 CFR ADDRESSES: Electronic copies of the
NFS clause. The rule merely removes chapter 1. framework action, which includes an
from the NFS policy and an associated environmental assessment, a regulatory
clause that is outdated and redundant to PART 1843—CONTRACT impact review, and a Regulatory
policy that is already provided for in the MODIFICATIONS Flexibility Act (RFA) analysis may be
FAR. obtained from the Southeast Regional
Subpart 1843.71 [Removed] Office website at http://
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and sero.nmfs.noaa.gov/sustainable_
■ 2. Remove subpart 1843.71, consisting fisheries/gulf_fisheries/reef_fish/2017/
13563 direct agencies to assess all costs of sections 1843.7101 and 1843.7102.
and benefits of available regulatory mutton_gag/mutton_gag_index.html.
alternatives and, if regulation is FOR FURTHER INFORMATION CONTACT: Rich
PART 1852—SOLICITATION
necessary, to select regulatory PROVISIONS AND CONTRACT Malinowski, NMFS SERO, telephone:
approaches that maximize net benefits 727–824–5305, email:
CLAUSES
(including potential economic, Rich.Malinowski@noaa.gov.
environmental, public health and safety SUPPLEMENTARY INFORMATION: The Gulf
daltland on DSKBBV9HB2PROD with RULES

1852.243–71 [Removed and Reserved]
effects, distributive impacts, and reef fish fishery includes mutton
equity). E.O. 13563 emphasizes the ■ 3. Remove and reserve 1852.243–71. snapper and gag and is managed under
importance of quantifying both costs [FR Doc. 2018–13463 Filed 6–21–18; 8:45 am] the FMP. The FMP was prepared by the
and benefits, of reducing costs, of BILLING CODE 7510–13–P Council and is implemented by NMFS
harmonizing rules, and of promoting through regulations at 50 CFR part 622
flexibility. This is not a significant under the authority of the Magnuson-

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Document Created: 2018-11-06 09:51:08
Document Modified: 2018-11-06 09:51:08

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule.
Dates		This final rule is effective August 21, 2018. Comments due on or before July 23, 2018. If adverse comments are received, NASA will publish a timely withdrawal of the rule in the Federal Register.
Contact		Marilyn J. Seppi, NASA Headquarters, Office of Procurement, Contract and Grant Policy Division, Suite 5H35, 300 E. Street SW, Washington, DC 20456-0001. Telephone 202-358-0447.
FR Citation		83 FR 29040
RIN Number		2700-AE44
CFR Citation		48 CFR 1843 48 CFR 1852