[Federal Register Volume 59, Number 143 (Wednesday, July 27, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17489]
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[Federal Register: July 27, 1994]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1819
Revision to NASA FAR Supplement Coverage on Set-Asides for Small
Business
AGENCY: Office of Procurement, Procurement Policy Division, National
Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comments.
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SUMMARY: NASA has revised the NASA FAR Supplement to address the action
NASA centers must take when the Small Business Administration (SBA)
appeals a decision not to set aside a procurement for small businesses.
DATES: Effective Date: This interim rule is effective July 27, 1994.
Comments: Comments are due no later than September 26, 1994.
ADDRESSES: Submit comments to Ms. Deborah O'Neill, Procurement Policy
Division (Code HP), Office of Procurement, NASA Headquarters,
Washington, DC 20546.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah O'Neill, (202) 358-0440.
SUPPLEMENTARY INFORMATION:
Background
Current policy contained in NASA FAR Supplement Sec. 1819.505 (c),
(d), and (e) addresses situations in which a small business set-aside
is not initiated or pursued. In NFS Sec. 1819.505(c), if the
contracting officer disapproves the Small Business Specialist's set-
aside recommendation, the contracting officer shall promptly refer the
case to the SBA representative (if one is assigned and available) for
review. In NFS Sec. 1819.505(d), cases involving the non-initiation of
a set-aside require referral to the SBA representative (if one is
assigned and available) for review. NFS Sec. 1819.505(e) addresses the
situation when an SBA representative is not assigned or available, and
the contracting officer disagrees with the Small Business Specialist's
recommendation on a small business set-aside, or withdrawal or
modification of a set-aside determination. The Small Business
Specialist may make a written appeal to the center procurement officer
whose decision may overrule the Small Business Specialist's
recommendation. Upon later review of this action, SBA may disagree with
the procurement officer's decision not to set aside a procurement for
small business and may appeal the decision. If SBA does pursue an
appeal in the situations described in NFS Sec. 1819.505 (c), (d), or
(e), the Office of Procurement at NASA Headquarters wants the NASA
center to notify them in writing as soon as SBA appeals the procurement
officer's decision.
Availability of NASA FAR Supplement
The NASA FAR Supplement, of which this proposed coverage will
become a part, is codified in 48 CFR chapter 18, and is available in
its entirety on a subscription basis from the Superintendent of
Documents, Government Printing Office, Washington, DC 20402. Cite GPO
Subscription Stock Number 933-033-00000-1. It is not distributed to the
public, whether in whole or in part, directly by NASA.
Regulatory Flexibility Act
NASA certifies that this interim rule 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.).
Paperwork Reduction Act
This rule does not impose any information collection subject ot 44
U.S.C. chapter 35.
List of Subjects in 48 CFR Part 1819
Government procurement.
Thomas S. Leudtke,
Deputy Associate Administrator for Procurement.
Accordingly, 48 CFR part 1819 is amended as follows:
1. The authority citation for 48 CFR part 1819 continues to read as
follows:
Authority: 42 U.S.C. 2473(c)(1).
PART 1819--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
2. Section 1819.505-70 is added to read as follows:
1819.505-70 Notification of SBA appeals.
The SBA representatives may appeal the contracting officer's
decision as described in 1819.505 (c) or (d) to the procurement
officer, who may support the contracting officer's decision. Upon later
review of the procurement officer's decision approving the contracting
officer's determination described in 1819.505(e), SBA may disagree with
the procurement officer's decision not to set aside a procurement for
small business. If the SBA appeals the procurement officer's decision,
Code H should be notified in writing as soon as SBA appeals this
decision. This notification should include a history of the center and
SBA discussions on the procurement as well as any actions the center
has taken.
[FR Doc. 94-17489 Filed 7-26-94; 8:45 am]
BILLING CODE 7510-01-M
