[Federal Register: June 22, 2000 (Volume 65, Number 121)]
[Rules and Regulations]               
[Page 38776-38778]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn00-18]                         

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1815, 1816, 1819, 1831, and 1852

 
Miscellaneous Administrative Revisions to the NASA FAR Supplement

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: This final rule amends the NASA FAR Supplement (NFS) to revise 
numbering and ombudsman information as a result of FAC 97-17; revises 
regulations to indicate that award fee determinations are no longer 
exempt from the Disputes clause as a result of FAC 97-15; revises 
regulations to indicate that precontract costs are applicable to awards 
resulting from broad agency announcements; and makes an editorial 
correction to other regulations.

EFFECTIVE DATE: June 22, 2000.

FOR FURTHER INFORMATION CONTACT:  Celeste Dalton, NASA Headquarters 
Office of Procurement, Contract Management Division (Code HK), 
Washington, DC 20546, (202) 358-1645, e-mail: 
celeste.dalton@hq.nasa.gov.

SUPPLEMENTARY INFORMATION:   

A. Background

    FAC 97-17, dated April 25, 2000, revised FAR 16.504 and 16.505, 
including the requirement to identify the facsimile and e-mail address 
of agency task and delivery ombudsman.

[[Page 38777]]

This final rule revises numbering within NFS 1815, 1816, 1819, and 1852 
to reflect the FAC 97-17 changes and update the agency ombudsman 
information. This final rule also revises sections 1852.216-76 and 
1852.216-77 to indicate that award fee determinations are no longer 
exempt from the Disputes clause as a result of FAC 97-15. Changes 
unrelated to FAC 97-15 and 97-17 are made to allow precontract costs 
for awards resulting from broad agency announcements (BAA). The use of 
precontract costs is currently allowed for sole source contracts, 
except those resulting in firm fixed-price or fixed-price contracts. 
Contracts awarded under BAAs are considered competitive based on FAR 
6.102(d). However, the award process for BAAs is similar to that for 
sole source awards since negotiations with the contractor occurs after 
source selection, rather than prior to selection in the normal 
competitive contract award process. Because of the selection process 
under BAAs, it is reasonable to allow the approval of precontract 
costs. Additionally, an editorial change is made to correct the title 
of paragraph (i)(3) to section 1815.370.

B. Regulatory Flexibility Act

    NASA certifies that this rule will not have a significant economic 
impact on a substantial number of small business entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because it does not 
impose any new requirements.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the NFS do not impose any recordkeeping or 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 Parts 1815, 1816, 1819, 1831, and 1852

    Government procurement.

Tom Luedtke,
Associate Administrator for Procurement.

    Accordingly, 48 CFR Parts 1815, 1816, 1819, 1831, and 1852 are 
amended as follows:
    1. The authority citation for 48 CFR Parts 1815, 1816, 1819, 1831, 
and 1852 continues to read as follows:

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

PART 1815--CONTRACTING BY NEGOTIATION

    2. In section 1815.370, revise the title of paragraph (i)(3) to 
read as follows:


1815.370  NASA source evaluation boards.

* * * * *
    (i) * * *
    (3) Evaluation factors and subfactors. * * *
* * * * *

    3. Revise section 1815.7003 to read as follows:


1815.7003  Contract clause.

    The contracting officer shall insert a clause substantially the 
same as the one at 1852.215-84, Ombudsman, in all solicitations 
(including draft solicitations) and contracts. Use the clause with its 
Alternate I when a task or delivery order contract is contemplated.

PART 1816--TYPES OF CONTRACTS

    4. Amend section 1816.504 by adding paragraph (a)(4)(v) to read as 
follows:


1816.504  Indefinite quantity contracts.

* * * * *
    (a)(4)(v) See 1815.7003.

    5. Amend section 1816.505 by redesignating paragraph (b)(6) as 
(b)(5).

PART 1819--SMALL BUSINESS PROGRAMS

    6. Amend paragraph (f)(1) in section 1819.201 by removing the words 
``Deputy Associate Administrator for Procurement (Code H)'' and 
inserting the words ``Director of the Contract Management Division 
(Code HK)'' in its place.

PART 1831--CONTRACT COST PRINCIPLES AND PROCEDURES

    7. In section 1831.205-32, revise paragraph (1) to read as follows:


1831.205-32  Precontract costs.

    (1) Precontract costs are applicable only to--
    (i) Sole source awards, except those resulting in firm-fixed price 
or fixed-price with economic price adjustment contracts; or
    (ii) Awards resulting from broad agency announcements.
* * * * *

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    8. In section 1852.215-84, revise the clause and add Alternate I to 
read as follows:


1852.215-84  Ombudsman.

* * * * *

Ombudsman

June 2000

    (a) An ombudsman has been appointed to hear and facilitate the 
resolution of concerns from offerors, potential offerors, and 
contractors during the preaward and postaward phases of this 
acquisition. When requested, the ombudsman will maintain strict 
confidentiality as to the source of the concern. The existence of 
the ombudsman is not to diminish the authority of the contracting 
officer, the Source Evaluation Board, or the selection official. 
Further, the ombudsman does not participate in the evaluation of 
proposals, the source selection process, or the adjudication of 
formal contract disputes. Therefore, before consulting with an 
ombudsman, interested parties must first address their concerns, 
issues, disagreements, and/or recommendations to the contracting 
officer for resolution.
    (b) If resolution cannot be made by the contracting officer, 
interested parties may contact the installation ombudsman, 
____________ [Insert name, address, telephone number, facsimile 
number, and e-mail address]. Concerns, issues, disagreements, and 
recommendations which cannot be resolved at the installation may be 
referred to the NASA ombudsman, the Director of the Contract 
Management Division, at 202-358-0422, facsimile 202-358-3083, e-mail 
sthomps1@hq.nasa.gov. Please do not contact the ombudsman to request 
copies of the solicitation, verify offer due date, or clarify 
technical requirements. Such inquiries shall be directed to the 
Contracting Officer or as specified elsewhere in this document.

(End of clause)

Alternate I

June 2000

    As prescribed in 1815.7003, insert the following paragraph (c):
    (c) If this is a task or delivery order contract, the ombudsman 
shall review complaints from contractors and ensure they are 
afforded a fair opportunity to be considered, consistent with the 
procedures of the contract.


    9. In section 1852.216-76, revise the date of the clause; remove 
the last sentence of paragraph (f)(3); and revise paragraph (g) to read 
as follows:


1852.216-76  Award Fee for service contracts.

* * * * *

Award Fee for Service Contracts

June 2000

* * * * *
    (g) Award fee determinations are unilateral decisions made solely 
at the discretion of the Government.
* * * * *

    10. In section 1852.216-77 revise the date of the clause; delete 
the last sentence of paragraph (c)(3); and revise paragraph (d) to read 
as follows:

[[Page 38778]]

1852.216-77  Award Fee for end item contracts.

* * * * *

Award Fee for End Item Contracts

June 2000

* * * * *
    (d) Award fee determinations are unilateral decisions made solely 
at the discretion of the Government.
* * * * *

[FR Doc. 00-15349 Filed 6-21-00; 8:45 am]
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