[Federal Register Volume 59, Number 143 (Wednesday, July 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17489]


[[Page Unknown]]

[Federal Register: July 27, 1994]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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