On October 9, NASA released a final rule removing a section entitled “Use of Government property for commercial work’” from NASA’s Federal Acquisition Regulations Supplement (NFS). NASA is doing so without providing an opportunity for comment because it views the change as an internal administrative procedure. Whether that’s correct is not clear.
If anyone affected by this change disagrees, NASA will withdraw the rule if it receives significant adverse comment.
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.
NASA describes the change as affecting no one but NASA:
NFS Part 1845.301–71 Use of Government property for commercial work, contains procedures and criteria related to the approval of non- government use of NASA equipment on commercial contracts that affect only the internal Agency administrative procedures and have no cost or administrative impact on contractors or prospective contractors.
Although NASA characterizes these procedures as internal, they are currently publicly available. One question that arises is whether their removal will make the process more difficult for NASA’s contractors to understand? Another questions that crops up is how the duration of approvals do not affect contractors? Could approvals now last different periods of time than currently contemplated?
Comments due: November 9, 2020
Effective date of change: December 8, 2020