[Federal Register Volume 60, Number 52 (Friday, March 17, 1995)]
[Rules and Regulations]
[Pages 14378-14379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6440]



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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1805


Revision to NASA Supplement Coverage on Advance Notification of 
Significant Procurement Actions

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

ACTION: Final rule.

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SUMMARY: NASA is adding a requirement regarding the notification to the 
NASA Administrator of significant procurement actions. These actions 
include contractor selections for competitive procurements valued at 
$25 million or more and noncompetitive contract awards valued at $100 
million or more. The purpose of this notification process is to ensure 
that the Administrator has knowledge of these actions in case of 
congressional or public inquiries.

EFFECTIVE DATE: March 17, 1995.

ADDRESSES: Office of Procurement, Contract Management Division (Code 
HK), NASA Headquarters, 300 E Street SW, Washington, DC 20546.

FOR FURTHER INFORMATION CONTACT:
Ms. Deborah O'Neill, (202) 358-0440.

SUPPLEMENTARY INFORMATION:

Background

    Advance notification to the NASA Administrator of large and 
potentially sensitive contract actions is necessary to ensure that the 
Administrator has knowledge of these actions in case of Congressional 
or public inquiries either before or immediately after public 
announcement of the actions. Notification must be provided to NASA 
Headquarters (Code HS), by facsimile transmission, at least five (5) 
work days prior to the intended public announcements of contractor 
selection and contract award actions. This allows sufficient time for 
the information to be provided to the Administrator within the 
Administrator's normal work flow system. Field installations are not to 
proceed with any announcements until Code HS has advised that the 
Administrator has been notified of the proposed action and the 
supporting information.

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, whether in whole or in part, directly by NASA.

Regulatory Flexibility Act

    NASA certifies that this final 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 to 44 
U.S.C. chapter 35.

List of Subjects in 48 CFR Part 1805

    Government procurement.
Deidre A. Lee,
Associate Administrator for Procurement.

    Accordingly, 48 CFR part 1805 is amended as follows:
    1. The authority citation for 48 CFR part 1805 continues to read as 
follows:

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

PART 1805--PUBLICIZING CONTRACT ACTIONS


1805.303-70  [Added]

    2. Sections 1805-303.70 and 1805-303.71 are redesignated as 
sections 1805.303-71 and 1805-303.72, and a new section 1805.303-70 is 
added to read as follows:


1805.303-70  Notification of significant procurement actions.

    (a) NASA Headquarters (Code HS) shall be notified of the following 
procurement actions at least five (5) workdays prior to planned public 
announcement of the actions:
    (1) Planned announcement of contractor selection and planned 
contract award for competitive procurements of $25 million or more.
    (2) Planned contract award of noncompetitive awards and new work 
modifications of $100 million or more.
    (3) Planned award of other procurement actions at any dollar value 
thought to be of significant interest to Headquarters.
    (b) Field installation procurement officers shall send the 
information listed in paragraphs (b) (1) through (10) of this section 
to NASA Headquarters (Code HS) via facsimile transmission (202-358-
4065). Immediately prior to transmission, Code HS shall be notified by 
telephone (202-358-2080) of the impending transmission so that a person 
may immediately receive the transmission. Code HS will hand-carry the 
notification to the Office of the Administrator (Code A) and provide a 
copy to the Associated Administrator for Procurement (Code H) to limit 
access to the information to those persons authorized to receive such 
information as described in 48 CFR (FAR) 1803.104-5(c). In accordance 
with 48 CFR (FAR) 3.104-5(c), all pages that include source selection 
information shall be marked with the legend ``SOURCE SELECTION 
INFORMATION--SEE FAR 3.104.'' The information to be sent is as follows:
    (1) Title and a brief nontechnical description of the work, 
including identification of the program or project.
    (2) Type of action (whether the action will result in a new 
contract or is for additional work under an existing contract).
    (3) Type of contract (e.g., Firm-Fixed-Price or Cost type, 
including whether the cost contract is completion or level-of-effort).
    (4) The total contract value for the instant action including all 
priced options (for selection notifications, this would be the 
successful offeror's best and final offer (BAFO) amount and, for award 
notifications, the negotiated value of the contract). Also include the 
Government's most probable cost.
    (5) The name, address, and business size status of the prime 
contractor and each major (over $1M) subcontractor.
    (6) Small business and small disadvantaged business subcontracting 
goals both in dollars and percentage of the value of the action 
including all options.
    (7) Work performance location.
    (8) Unusual circumstances (briefly describe any facts or events 
that bear upon this procurement and make it unusual).
    (9) Contacts (names and telephone numbers of a prime and alternate 
center points of contact).
    (10) Provide the following information on a separate piece of paper 
attached to the data for paragraphs (b) (1) through (9) of this 
section: For competitive selections only, furnish the names and 
addresses of all unsuccessful offerors and a brief explanation of the 
general basis for the selection, noting that any detailed questions or 
requests for more specific information should be referred to the source 
selection official.
    (c) Field installations are not to proceed with any announcements 
until Code HS has advised that the [[Page 14379]] Administrator has 
been notified of the proposed action and the supporting information. 
Once this advice is received from Code HS, field installations should 
proceed with established notification to offerors and press release 
procedures (See 1805.303-71 and 1805.303-72).


1805.303-71  [Amended]

    3. In the redesignated section 1805.303-71, paragraph (a)(1)(iv) is 
amended by deleting the phrase ``and section 1805.303-70''.

[FR Doc. 95-6440 Filed 3-16-95; 8:45 am]
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