[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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