[Federal Register Volume 64, Number 69 (Monday, April 12, 1999)]
[Proposed Rules]
[Page 17603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9047]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1833


NASA FAR Supplement; Protests to the Agency

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

ACTION: Proposed rule.

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SUMMARY: NASA has a mandatory solicitation provision required to be 
inserted in all solicitations which informs potential bidders or 
offerors to whom Agency protests may be submitted. The provision 
provides that potential bidders or offerors may submit a protest 
directly to the Contracting Officer or alternatively to the Deputy 
Associate Administrator for Procurement, who will serve as or designate 
the official responsible for conducting an independent review of the 
protest. Based on our experience with protests submitted to the Agency, 
we are amending NASA regulations to address whether or not there is any 
appeal from or reconsideration of Agency protest decisions within NASA 
and whether or not NASA will continue to consider an Agency protest 
that is related to pending judicial proceedings or where the protester 
has filed a protest on the same procurement with the United States 
General Accounting Office prior to receipt of an Agency protest 
decision. The effect of this additional information is to give 
potential bidders or offerors a better understanding of NASA's process 
for considering protests to the Agency.

DATES: NASA will accept written comments until June 11, 1999.

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:

Regulatory Flexibility Act

    The proposed 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 there 
are few protests of NASA procurements. An Initial Regulatory 
Flexibility Analysis has, therefore, not been performed. Comments from 
small 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 do 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 Part 1833

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

    Accordingly, it is proposed that 48 CFR part 1833 be amended as 
follows.

PART 1833--PROTESTS, DISPUTES, AND APPEALS

    1. The authority citation for 48 CFR part 1833 continues to read as 
follows:

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

Subpart 1833.1--Protests

    2. Section 1833.103 is amended by revising the section heading, 
redesignating paragraph (b) as paragraph (f) and adding paragraph (c), 
paragraph (d) introductory text, and paragraph (d)(4) to read as 
follows:


1833.103  Protests to the agency. (NASA supplements paragraphs (c), (d) 
and (f))

    (c) An independent review under the provision at 1852.233-70 is 
available as an alternative to a protest to the contracting officer, 
but not as an appeal of a protest decision. All independent reviews 
shall be conducted by the Deputy Associate Administrator for 
Procurement or designee. Such reviews are different from the Ombudsman 
Program described at 1815.7001.
    (d) NASA shall summarily dismiss and take no further action upon 
any protest to the Agency if the substance of the protest is pending in 
judicial proceedings or the protester has filed a protest on the same 
acquisition with the United States General Accounting Office prior to 
receipt of an Agency protest decision.
    (4) When a potential bidder or offeror submits an Agency protest to 
NASA to the Contracting Officer or alternatively requests an 
independent review, the decision of the Contracting Officer or the 
independent review official shall be final and is not subject to any 
appeal or reconsideration within NASA.
    (f) 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.

[FR Doc. 99-9047 Filed 4-9-99; 8:45 am]
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