[Federal Register Volume 62, Number 47 (Tuesday, March 11, 1997)]
[Rules and Regulations]
[Pages 11107-11108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5692]


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

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1833 and 1852


NASA FAR Supplement; Protests to the agency

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

ACTION: Interim rule; request for comments.

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

SUMMARY: The Federal Acquisition Regulation (FAR) was amended to revise 
procedures for submission of protests to Federal agencies. In order to 
implement the changes made to the FAR, this rule provides for a 
solicitation provision that informs offerors to whom protests may be 
submitted as an alternative to submission to the NASA contracting 
officer. The effect of the changes is to give prospective NASA 
contractors an additional means for submitting protests in order to 
resolve their concerns about a contract or solicitation.

DATES: This interim rule is effective March 11, 1997. NASA will accept 
written comments until May 12, 1997.

ADDRESSES: Comments regarding this rule should be addressed as follows: 
National Aeronautics and Space Administration, Contract Management 
Division (Code HK/Beck), Washington, DC 20546.

FOR FURTHER INFORMATION CONTACT:
Dave Beck, (202) 358-0482.

SUPPLEMENTARY INFORMATION: .

Availability of NASA FAR Supplement

    The NASA FAR Supplement, of which this rule is a part, is available 
in its entirety on a subscription basis from the Superintendent of 
Documents, Government Printing Office, Washington, DC 20402, telephone 
number (202) 512-1800. 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.

Background

    Section 33.103 of the Federal Acquisition Regulation (FAR), 48 CFR 
33.103, was amended to revise procedures for submission of protests to 
Federal agencies (62 FR 270, January 2, 1997). In order to implement 
the changes made to the FAR, this rule provides for a solicitation 
provision that informs offerors to whom protests may be submitted as an 
alternative to submission to the contracting officer.

Regulatory Flexibility Act

    The interim rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because this 
rule implements previously adopted Federal-wide regulations by simply 
providing for a solicitation provision that informs offerors to whom 
protests may be submitted as an alternative to submission to the 
contracting officer. An Initial Regulatory Flexibility Analysis has, 
therefore, not been performed. Comments from small

[[Page 11108]]

entities concerning the affected NASA FAR Supplement subparts will be 
considered in accordance with 5 U.S.C. 601. Such comments must be 
submitted separately and cite 5 U.S.C. 601, et seq.

Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the NASA FAR Supplement does not impose any new 
recordkeeping or information collection requirements, or new 
collections of information from offerors contractors, or members of the 
public which require the approval of the Office of Management and 
Budget (OMB) under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 1833 and 1852

    Government procurement.
Tom Luedtke
Deputy Associate Administrator for Procurement.

    Accordingly, 48 CFR parts 1833 and 1852 are amended as follows:
    1. The authority citation for 48 CFR parts 1833 and 1852 continues 
to read as follows:

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

PART 1833--PROTESTS, DISPUTES, AND APPEALS

Subpart 1833.1--Protests

    2. Section 1833.103 is revised to read as follows:


1833.103  Protests to the agency. (NASA supplements paragraph (b))

    (b) Protests received at NASA offices or locations other than that 
of the cognizant contracting officer shall be immediately referred to 
the contracting officer for disposition (see 1833.106(a)). The 
contracting officer shall advise the Headquarters Office of the General 
Counsel (Code GK) of the receipt of the protest and the planned and 
actual disposition. This paragraph does not apply when the protester 
has requested an independent review under the provision at 1852.233-70.
    3. Section 1833.106-70 is added to read as follows:


1833.106-70  Solicitation provision.

    Contracting officers shall insert the provision at 1852.233-70 in 
all solicitations.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    4. Section 1852.233-70 is added to read as follows:


1852.233-70  Protests to NASA.

    As prescribed in 1833.106-70, insert the following provision:

Protests to NASA (March 1997)

    Potential bidders or offerors may submit a protest under 48 CFR 
part 33 (FAR Part 33) directly to the Contracting Officer. As an 
alternative to the Contracting Officer's consideration of a protest, 
a potential bidder or offeror may submit the protest to the Deputy 
Associate Administrator for Procurement, who will serve as or 
designate the official responsible for conducting an independent 
review. Protests requesting an independent review shall be addressed 
to Deputy Associate Administrator for Procurement, NASA Code H, 
Washington, DC 20546-0001.

[FR Doc. 97-5692 Filed 3-10-97; 8:45 am]
BILLING CODE 7510-01-M