[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Proposed Rules]
[Pages 25656-25657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10919]



48 CFR Part 1809

RIN 2700-AD54

Responsibility; Suspension and Debarment

AGENCY: National Aeronautics and Space Administration.

ACTION: Proposed rule with request for comments.


SUMMARY: NASA is revising the NASA FAR Supplement (NFS) to update 
internal processing procedures related to suspension and debarment. 
Although the procedures do not impact the public and will not be 
codified in the Code of Federal Regulations, one related change does 
impact the public and that is a new requirement for contracting 
officers to notify prospective contractors if they are found to be non-
responsible. Notification provides the prospective contractor with the 
opportunity to take corrective action prior to future solicitations.

DATES: Interested parties should submit comments to NASA at the address 
below on or before July 5, 2011 to be considered in formulation of the 
final rule.

ADDRESSES: Interested parties may submit comments, identified by RIN 
number 2700-AD54, using either of the following methods: (1) 
Regulations.gov: http://www.regulations.gov. Submit comments via the 
Federal eRulemaking

[[Page 25657]]

portal by inputting RIN 2007-AD64 under the heading ``Enter keyword or 
ID'' and selecting ``Search.'' Select the link ``Submit a Comment'' 
that corresponds with ``RIN 2007-AD54.'' Follow the instructions 
provided at the ``Submit a Comment'' screen. Please include your name, 
company name (if any), and ``RIN 2700-AD54'' on your attached document. 
(2) E-mail: [email protected]. Include RIN 2007-AD54 in the 
subject line of the message.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To 
confirm receipt of your comment(s), please check http://www.regulations.gov approximately two to three days after submission to 
verify posting.

Procurement, (202) 358-0592; e-mail: [email protected].


A. Background

    NASA is proposing to amend the NASA FAR Supplement to include a 
requirement for contracting officers to notify prospective contractors 
if they are found non-responsible for award. Such notification permits 
potential contractors to improve their opportunities for future awards 
by addressing the non-responsibility issues. This proposed rule is 
consistent with FAR 9.104-6, Federal Awardee Performance and Integrity 
Information System (FAPIIS). Because contracting officers use FAPIIS to 
obtain pre-award information, and to enter determinations of non-
responsibility for public display, it is a good practice to personally 
notify contractors of non-responsibility findings and the basis of the 
finding in an effort to afford potential contractors an opportunity to 
improve the underlying causes for a non-responsibility determination 
and to promote maximum competition for future awards.

B. Executive Order 12866 and Executive Order 13563

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This proposed rule has NOT been designated a ``significant 
regulatory action'' under section 3(f) of Executive Order 12866. This 
is not a major rule under 5 U.S.C. 804.

C. Regulatory Flexibility Act

    This final 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 it does 
not impose any new requirements on small entities. This rule only 
imposes requirements on Government personnel; the impact on the public, 
including small entities, is the receipt of additional information.

D. Paperwork Reduction Act

    The Paperwork Reduction Act (Pub. L. 104-13) is not applicable 
because the NFS changes do not impose information collection 
requirements that require the approval of the Office of Management and 
Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 1809

    Government procurement.

William P. McNally,
Assistant Administrator for Procurement.
    Accordingly, 48 CFR Part 1809 is amended as follows:
    1. The authority citation for 48 CFR Part 1809 continues to read as 

    Authority:  42 U.S.C. 2455(a), 2473(c)(1)


    2. Section 1809.105-2 is added to Subpart 1809.1 to read as 

1809.105-2  Determinations and documentation.

    (a) The contracting officer shall provide written notification to a 
prospective contractor determined not responsible, which includes the 
basis for the determination. Notification provides the prospective 
contractor with the opportunity to take corrective action prior to 
future solicitations.

[FR Doc. 2011-10919 Filed 5-4-11; 8:45 am]