Rule2023-25581
NASA Federal Acquisition Regulation Supplement: NASA FAR Supplement-NASA Ombudsman Program (NFS Case 2023-N022)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 20, 2023
Effective
December 20, 2023
Issuing agencies
National Aeronautics and Space Administration
Abstract
National Aeronautics and Space Administration (NASA) is issuing a final rule amending the NASA Federal Acquisition Regulation Supplement (NFS) to update the policy concerning the NASA Ombudsman Program.
Full Text
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<title>Federal Register, Volume 88 Issue 222 (Monday, November 20, 2023)</title>
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[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Rules and Regulations]
[Pages 80638-80639]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25581]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1815 and 1852
[Notice (23-118)]
RIN 2700-AE75
NASA Federal Acquisition Regulation Supplement: NASA FAR
Supplement--NASA Ombudsman Program (NFS Case 2023-N022)
AGENCY: National Aeronautics and Space Administration.
ACTION: Final rule.
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SUMMARY: National Aeronautics and Space Administration (NASA) is
issuing a final rule amending the NASA Federal Acquisition Regulation
Supplement (NFS) to update the policy concerning the NASA Ombudsman
Program.
DATES: Effective December 20, 2023.
FOR FURTHER INFORMATION CONTACT: James Becker, telephone 301-286-1296;
facsimile 202-358-3082.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule amends the NASA FAR Supplement(NFS) to update the
policy concerning the NASA Ombudsman Program.
When awarding a multiple award indefinite-quantity contracts, 41
U.S.C. 4106(g) requires agencies to have a task- and delivery-order
ombudsman who will be responsible for reviewing complaints from
contractors and ensuring that they are afforded a fair opportunity to
be considered for the award of an order, consistent with the procedures
in the contract. This requirement is implemented at Federal Acquisition
Regulation (FAR) 16.505(b)(8). FAR 16.504(a)(4)(v) requires the
solicitation and contract for an indefinite-quantity to include the
name, address, telephone number, facsimile number, and email address of
the agency's task and delivery order ombudsman, if multiple awards may
be made.
To implement the requirement at FAR 16.504(a)(4)(v), several
agencies created a contract clause that provides contractors with the
agency ombudsman's responsibilities and contact information. NFS clause
1852.215-84 Ombudsman, Alternate I, provides this information for task
and delivery order contracts. As several agencies use a clause to
provide this information to contractors, the Department of Defense
(DOD), General Services Administration (GSA), and NASA processed a FAR
case to implement a clause at the FAR level that would be available for
all agencies to use.
DOD, GSA, and NASA have undertaken rulemaking to formally
incorporate this change. These rulemaking changes were published in the
Federal Register (84 FR 38836) on August 7, 2019, FAC 2019-04, and FAR
Case 2017-020, Ombudsman for Indefinite Delivery Contracts, effective
September 6, 2019.
This rule does not add any new solicitation provisions or contract
clauses. This rule merely revises the policy concerning the NASA
Ombudsman Program by deleting Alternate I and references to the use of
Alternate I of NFS clause 1852.215-84 Ombudsman. It does not add any
new burdens because the case does not add or change any requirements
with which vendors must comply.
[[Page 80639]]
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations'', 41 U.S.C. 1707, is the
statute which applies to the publication of the Federal Acquisition
Regulation. Paragraph (a)(1) of the statute requires that a procurement
policy, regulation, procedure or form (including an amendment or
modification thereof) must be published for public comment if it
relates to the expenditure of appropriated funds, and has either a
significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment,
because NASA is not issuing a new regulation; rather, this rule is
merely deleting Alternate I to NFS clause 1852.215-84 Ombudsman since
the alternate to the clause is no longer needed.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804. requirements with which vendors must comply.
IV. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a ``major rule'' may take effect, the
agency promulgating the rule must submit a rule report, which includes
a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. A major rule cannot take
effect until 60 days after it is published in the Federal Register.
This rule has been reviewed and determined by OMB not to be a ``major
rule'' under 5 U.S.C. 804(2).
V. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not
apply to this rule, because an opportunity for public comment is not
required to be given for this rule under 41 U.S.C. 1707(a)(1) (see
Section II. of this preamble). Accordingly, no regulatory flexibility
analysis is required, and none has been prepared.
VI. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 1815 and 1852
Government procurement.
Erica D. Jones,
NASA FAR Supplement Manager.
Accordingly, NASA amends 48 CFR parts 1815 and 1852 as follows:
0
1. The authority citation for parts 1815 and 1852 continue to read as
follows:
Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1.
PART 1815--CONTRACTING BY NEGOTIATION
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2. Revise section 1815.7003 to read as follows:
1815.7003 Contract clause.
The contracting officer shall insert a clause substantially the
same as the one at 1852.215-84, Ombudsman, in all solicitations
(including draft solicitations) and contracts.
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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3. Amend section 1852.215-84 by:
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a. Revising the date of the clause and paragraph (b); and
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b. Removing ALTERNATE I.
The revisions read as follows:
1852.215-84 Ombudsman.
* * * * *
Ombudsman (NOV 2023)
* * * * *
(b) If resolution cannot be made by the contracting officer,
interested parties may contact the installation ombudsman, whose name,
address, telephone number, facsimile number, and email address may be
found at <a href="https://www.hq.nasa.gov/office/procurement/regs/Procurement-Ombuds-Comp-Advocate-Listing.pdf">https://www.hq.nasa.gov/office/procurement/regs/Procurement-Ombuds-Comp-Advocate-Listing.pdf</a>. Concerns, issues, disagreements, and
recommendations which cannot be resolved at the installation may be
referred to the Agency ombudsman identified at the above URL. Please do
not contact the ombudsman to request copies of the solicitation, verify
offer due date, or clarify technical requirements. Such inquiries shall
be directed to the Contracting Officer or as specified elsewhere in
this document.
(End Clause)
[FR Doc. 2023-25581 Filed 11-17-23; 8:45 am]
BILLING CODE 7510-13-P
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