[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Proposed Rules]
[Pages 27710-27711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12776]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1803, 1815, and 1852
Addition of Coverage to NASA FAR Supplement on NASA Ombudsman
Program
AGENCY: Office of Procurement, National Aeronautics and Space
Administration (NASA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: To improve communications with interested parties, NASA plans
to establish an Ombudsman Program. This rule sets forth a clause for
identification of the NASA and installation ombudsmen to be included in
solicitations and contracts. The clause is also to serve as the basis
for a statement to be included in ``Commerce Business Daily''
announcements. In addition, the rule amends NASA's coverage on
procurement integrity to include the NASA and installation ombudsmen as
individuals authorized access to proprietary and source selection
information.
DATES: Comments must be received on or before July 24, 1995.
ADDRESSES: Submit comments to Mr. Joseph Le Cren, Analysis Division
(Code HC), Office of Procurement, NASA Headquarters, Washington, DC
20546.
FOR FURTHER INFORMATION CONTACT:
Mr. Joseph Le Cren, (202) 358-0444.
SUPPLEMENTARY INFORMATION:
Background
In order to improve communications with interested parties
(offerors, potential offerors, contractors), and to facilitate the
resolution of concerns in an informal manner, NASA plans to establish
an Ombudsman Program. In addition, section 1004(a) of the Federal
Acquisition Streamlining Act of 1994, Public Law 103-355, enacted
October 13, 1994, requires NASA, under 10 U.S.C. 2304c(e), to appoint a
task and delivery order ombudsman where multiple task or delivery order
contracts are made. In order to accomplish these things, a NASA
Management Instruction has been developed to establish the NASA
Ombudsman Program. It is also necessary to amend the NASA FAR
Supplement to include a clause to notify offerors, potential offerors,
contractors, and industry representatives of the purpose of the NASA
Ombudsman Program and to provide the names and telephone numbers of the
agency and applicable installation ombudsmen. The rule also proposes to
amend the current NASA FAR Supplement coverage on procurement integrity
to include the NASA and installation ombudsmen as individuals
authorized access to proprietary and source selection information, as
needed, to carry out their duties.
Impact
NASA certifies that this regulation will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) This rule does not
impose any reporting or [[Page 27711]] recordkeeping requirements
subject to the Paperwork Reduction Act.
List of Subjects in 48 CFR Parts 1803, 1815 and 1852
Government procurement.
Deidre A. Lee,
Associate Administrator for Procurement.
Accordingly, 48 CFR Parts 1803, 1815 and 1852 are proposed to be
amended as follows:
PART 1803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
1. The authority citation for 48 CFR Parts 1803, 1815 and 1852
continue to read as follows:
Authority: 42 U.S.C. 2473(c)(1).
2. In section 1803.104-5, the introductory text of paragraph (c) is
revised and paragraph (c)(11) is added to read as follows:
1803.104-5 Disclosure, protection, and marking of proprietary and
source selection information.
* * * * *
(c) Government employees serving in the following positions are
authorized access to proprietary or source selection information, but
only to the extent necessary to perform their official duties:
* * * * *
(11) Duly designated ombudsman.
* * * * *
PART 1815--CONTRACTING BY NEGOTIATION
3. Subpart 1815.70 is added to read as follows:
Subpart 1815.70--Ombudsman
1815.7001 NASA Ombudsman Program.
1815.7002 Commerce Business Daily announcements, solicitations and
contracts.
* * * * *
Subpart 1815.70--Ombudsman
1815.7001 NASA Ombudsman Program.
NASA's implementation of an ombudsman program is in NMI 1210.XX,
NASA Ombudsman Program.
1815.7002 Commerce Business Daily announcements, solicitations and
contracts.
The contracting officer shall include a statement similar to that
contained in the clause at 1852.215-84, Ombudsman, in Commerce Business
Daily announcements of competitive procurements. Also, a clause
substantially the same as the one at 1852.215-84 shall be included in
Section L of solicitations, including draft solicitations, and in all
contracts.
3. Section 1852.215-84 is added to read as follows:
1852.215-84 Ombudsman.
As prescribed in 1815.7002, insert the following clause:
Ombudsman
(XXX 1995)
An ombudsman has been appointed to hear concerns from offerors,
potential offerors, and contractors during the preaward and
postaward phases of this acquisition. The purpose of the ombudsman
is not to diminish the authority of the contracting officer, the
Source Selection Board, or the selection official, but to
communicate concerns, issues, disagreements, and recommendations of
interested parties to the appropriate Government personnel and to
work to resolve them. When requested, the ombudsman will maintain
strict confidentiality as to the source of the concern. The
ombudsman does not participate in the evaluation of proposals, the
source selection process, or the arbitration of formal contract
disputes. Interested parties are invited to call the installation
ombudsman ________________ [Insert name] at ________________ [Insert
telephone number]. Concerns, issues, disagreements, and
recommendations which cannot be resolved at the installation may be
referred to the NASA ombudsman ________________ [Insert name] at
________________ [Insert telephone number].
(End of Clause)
[FR Doc. 95-12776 Filed 5-24-95; 8:45 am]
BILLING CODE 7510-01-M
