[Federal Register Volume 59, Number 42 (Thursday, March 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4769]


[[Page Unknown]]

[Federal Register: March 3, 1994]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1815

 

Applicability of NASA Formal Source Evaluation Board (SEB) 
Procedures

AGENCY: Office of Procurement, Procurement Policy Division, National 
Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: NASA has amended the NASA FAR Supplement part 1815 to make 
editorial corrections and administrative changes to clarify when formal 
SEB procedures are to be used.

EFFECTIVE DATE: March 31, 1994.

FOR FURTHER INFORMATION CONTACT: Tom O'Toole, NASA Headquarters, Office 
of Procurement, Procurement Policy Division (Code HP), Washington, DC 
20546. Telephone: (202) 358-0478.

SUPPLEMENTARY INFORMATION: 

Background

    NASA formal SEB procedures apply to all competitive negotiated 
procurements of $25 million or more, except for specific categories of 
procurements (e.g., NASA Research Announcements) that require their own 
unique procedures. For actions under $25 million, the formal procedures 
are optional. Existing agency regulations on this issue are not clear, 
and the NASA FAR Supplement is revised to clarify the applicability of 
formal SEB procedures. These revisions affect internal procedures only 
and have no direct impact on external entities. The revisions are 
issued as a final rule to ensure immediate implementation.

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 933-003-00000-1. It is not distributed to the 
public, either in whole or in part, directly by NASA.

Impact

    NASA certifies that this regulation will not have a significant 
economic effect on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. et seq.). This rule does not 
impose any reporting or recordkeeping requirements subject to the 
Paperwork Reduction Act.

List of Subjects in 48 CFR Part 1815

    Government procurement.
Tom Luedtke,
Acting Deputy Associate Administrator for Procurement.

    Accordingly, 48 CFR part 1815 is amended as follows:
    1. The authority citation for 48 CFR part 1815 continues to read as 
follows:

    Authority: 42 U.S.C. 2473(c)(1).

PART 1815--CONTRACTING BY NEGOTIATION

    2. Section 1815.610 is revised to read as follows:


1815.610   Written or oral discussion.

    (FAR) 48 CFR 15.610(c)(2) is not applicable to NASA competitive 
negotiated procurements. The limited discussion procedures described in 
(FAR) 48 CFR 15.613 and 48 CFR 1815.613 shall be used instead.
    3. Section 1815.613-70 is revised to read as follows:


1815.613-70   General.

    The source selection procedures in (FAR) 48 CFR 15.610, as modified 
by (FAR) 48 CFR 15.613 and 48 CFR 1815.613 to limit discussions with 
offerors, apply to all NASA competitive negotiated procurements except 
those conducted under the following procedures:
    (a) Announcements of Opportunity (see 1870.103, App. I).
    (b) NASA Research Announcements (see 1835.016-70 and 1870.203, App. 
I).
    (c) The Small Business Innovative Research (SBIR) program and the 
Small Business Technology Transfer (STTR) pilot program under the 
authority of the Small Business Act (15 U.S.C. 638).
    (d) Architect and Engineering (A&E) services (see (FAR) 48 CFR 36.6 
and 48 CFR 1836.6).
    4. In section 1815.613-71, paragraph (a) is revised to read as 
follows:


1815.613-71   Evaluation and negotiation of procurements conducted in 
accordance with source evaluation board (SEB) procedures.

    (a) Applicability. Unless one of the exceptions in 1815.613-70 (a) 
through (d) applies, the formal SEB procedures of 1870.303, App. I, 
shall be followed in all competitive negotiated procurements of $25 
million or more (including the value of multiple awards, options, and 
later phases of the same project). The formal SEB procedures may be 
used in lesser valued procurements at the discretion of the Procurement 
Officer.
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[FR Doc. 94-4769 Filed 3-2-94; 8:45 am]
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