[Federal Register Volume 64, Number 69 (Monday, April 12, 1999)]
[Proposed Rules]
[Page 17603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9047]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1833
NASA FAR Supplement; Protests to the Agency
AGENCY: Office of Procurement, Contract Management Division, National
Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: NASA has a mandatory solicitation provision required to be
inserted in all solicitations which informs potential bidders or
offerors to whom Agency protests may be submitted. The provision
provides that potential bidders or offerors may submit a protest
directly to the Contracting Officer or alternatively to the Deputy
Associate Administrator for Procurement, who will serve as or designate
the official responsible for conducting an independent review of the
protest. Based on our experience with protests submitted to the Agency,
we are amending NASA regulations to address whether or not there is any
appeal from or reconsideration of Agency protest decisions within NASA
and whether or not NASA will continue to consider an Agency protest
that is related to pending judicial proceedings or where the protester
has filed a protest on the same procurement with the United States
General Accounting Office prior to receipt of an Agency protest
decision. The effect of this additional information is to give
potential bidders or offerors a better understanding of NASA's process
for considering protests to the Agency.
DATES: NASA will accept written comments until June 11, 1999.
ADDRESSES: Comments regarding this rule should be addressed as follows:
National Aeronautics and Space Administration, Contract Management
Division (Code HK/Beck), Washington, DC 20546.
FOR FURTHER INFORMATION CONTACT: Dave Beck, (202) 358-0482.
SUPPLEMENTARY INFORMATION:
Regulatory Flexibility Act
The proposed rule is not expected 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 there
are few protests of NASA procurements. An Initial Regulatory
Flexibility Analysis has, therefore, not been performed. Comments from
small entities concerning the affected NASA FAR Supplement subparts
will be considered in accordance with 5 U.S.C. 601. Such comments must
be submitted separately and cite 5 U.S.C 601, et seq.
Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the NASA FAR Supplement do not impose any new recordkeeping
or information collection requirements, or new collections of
information from offerors, contractors, or members of the public which
require the approval of the Office of Management and Budget (OMB) under
44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 1833
Government procurement.
Tom Luedtke,
Acting Associate Administrator for Procurement.
Accordingly, it is proposed that 48 CFR part 1833 be amended as
follows.
PART 1833--PROTESTS, DISPUTES, AND APPEALS
1. The authority citation for 48 CFR part 1833 continues to read as
follows:
Authority: 42 U.S.C. 2473(c)(1).
Subpart 1833.1--Protests
2. Section 1833.103 is amended by revising the section heading,
redesignating paragraph (b) as paragraph (f) and adding paragraph (c),
paragraph (d) introductory text, and paragraph (d)(4) to read as
follows:
1833.103 Protests to the agency. (NASA supplements paragraphs (c), (d)
and (f))
(c) An independent review under the provision at 1852.233-70 is
available as an alternative to a protest to the contracting officer,
but not as an appeal of a protest decision. All independent reviews
shall be conducted by the Deputy Associate Administrator for
Procurement or designee. Such reviews are different from the Ombudsman
Program described at 1815.7001.
(d) NASA shall summarily dismiss and take no further action upon
any protest to the Agency if the substance of the protest is pending in
judicial proceedings or the protester has filed a protest on the same
acquisition with the United States General Accounting Office prior to
receipt of an Agency protest decision.
(4) When a potential bidder or offeror submits an Agency protest to
NASA to the Contracting Officer or alternatively requests an
independent review, the decision of the Contracting Officer or the
independent review official shall be final and is not subject to any
appeal or reconsideration within NASA.
(f) Protests received at NASA offices or locations other than that
of the cognizant contracting officer shall be immediately referred to
the contracting officer for disposition (see 1833.106(a)). The
contracting officer shall advise the Headquarters Office of the General
Counsel (Code GK) of the receipt of the protest and the planned and
actual disposition. This paragraph does not apply when the protester
has requested an independent review under the provision at 1852.233-70.
[FR Doc. 99-9047 Filed 4-9-99; 8:45 am]
BILLING CODE 7510-01-P
