[Federal Register Volume 64, Number 129 (Wednesday, July 7, 1999)]
[Rules and Regulations]
[Pages 36606-36607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17039]


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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: Final 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

[[Page 36607]]

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. This final rule also addresses 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.

EFFECTIVE DATE: July 7, 1999.

FOR FURTHER INFORMATION CONTACT: Dave Beck, NASA Headquarters, Code HK, 
Washington, DC 20546-0001, email: [email protected], telephone: (202) 
358-0482.

SUPPLEMENTARY INFORMATION:

Background

    A proposed rule was published in the Federal Register on April 12, 
1999 (64 FR 17603). No comments were received. The final rule adopts 
the proposed rule without change.

Regulatory Flexibility Act

    NASA certifies that this final rule will not 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.

Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the 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,
Associate Administrator for Procurement.

    Accordingly, 48 CFR part 1833 is 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 AssociateAdministrator 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 GeneralAccounting 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. 99-17039 Filed 7-6-99; 8:45 am]
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