[Federal Register Volume 60, Number 175 (Monday, September 11, 1995)]
[Rules and Regulations]
[Pages 47099-47100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22364]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1803, 1815, and 1852
Addition of Coverage to NASA FAR Supplement Coverage on NASA
Ombudsman Program
agency: Office of Procurement, National Aeronautics and Space
Administration (NASA).
action: Final rule.
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summary: This rule amends the regulations by adding coverage concerning
NASA's Ombudsman Program. The Ombudsman Program will improve
communications with interested parties. This rule sets forth a clause
for identification of the NASA and installation ombudsmen to be
included in solicitations and contracts. The clause also serves 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.
effective date: October 1, 1995.
for further information contact: Mr. Joseph Le Cren, (202) 358-0444.
SUPPLEMENTARY INFORMATION:
Background
On May 25, 1995, a proposed rule to amend the NFS to add coverage
on NASA's Ombudsman Program was published in the Federal Register (60
FR 27710) for comment. All comments were reviewed. A change was made as
a result of the comments to substitute the word ``adjudication'' for
``arbitration'' in the clause at 1852.7002. That change was made as the
term ``arbitration'' could be read as being too restrictive in its
meaning. In addition, the word ``Selection,'' appearing in the clause
at 1852.215-84 was replaced with ``Evaluation.'' That change is due to
``Selection'' being incorrect when the intention was to refer to NASA
``Source Evaluation Board.''
Impact
NASA certifies that this regulation will not have a significant
economic impact on a substantial number of small entities under
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rule does not
impose any reporting or record keeping requirements subject to the
Paperwork Reduction Act.
List of Subjects in 48 CFR Parts 1803, 1815, and 1852
Government procurement.
Tom Luedtke,
Deputy Associate Administrator for Procurement.
Accordingly, 48 CFR parts 1803, 1815, and 1852 are amended as
follows:
1. The authority citation for 48 CFR parts 1803, 1815, and 1852
continues to read as follows:
Authority: 42 U.S.C. 2473(c)(1).
PART 1803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
2. In section 1803.104-5, the introductory text of paragraph (c) is
revised and (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:
* * * * *
[[Page 47100]]
(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.
1815.7001 NASA Ombudsman Program.
NASA's implementation of an ombudsman program is in NMI 1210.3,
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.
4. Section 1852.215-84 is added to read as follows:
1852.215-84 Ombudsman.
As prescribed in 1815.7002, insert the following clause:
Ombudsman
(October 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 Evaluation 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 adjudication 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. 95-22364 Filed 9-8-95; 8:45 am]
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