[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Rules and Regulations]
[Pages 72327-72328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30148]



48 CFR Part 1809

RIN 2700-AD54

NASA Federal Acquisition Regulation Supplement; Responsibility, 
Suspension and Debarment

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Final rule.


SUMMARY: NASA has adopted as final, without change, a proposed rule 
amending the NASA FAR Supplement (NFS) to require contracting officers 
to notify prospective contractors if they are found to be 

DATES: Effective Date: November 23, 2011.

FOR FURTHER INFORMATION CONTACT: Leigh Pomponio, Procurement Analyst, 
at (202) 358-0592 or [email protected].


I. Background

    NASA published a proposed rule in the Federal Register at 76 FR 
25656 on May 5, 2011, to implement a requirement for contracting 
officers to notify prospective contractors if they are found to be 
nonresponsible under FAR Subpart 9.1. Public comments were due on or 
before July 5, 2011. No comments were received.

II. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 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). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

III. 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 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 

IV. Paperwork Reduction Act

    This final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 1809

    Government procurement.

Sheryl Goddard,
Director, Program Operations Division.

    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).

[[Page 72328]]

Subpart 1809.1--Responsible Prospective Contractors

2. Section 1809.105-2 is added to subpart 1809.1 to read follows:

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. 2011-30148 Filed 11-22-11; 8:45 am]