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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: October 1, 2002

SUBJECT: National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Approval Authority for Contract Actions Pending Resolution of an Agency Protest

SOURCE: Federal Register, October 1, 2002, Vol. 67, No. 190, page 61519

AGENCIES: National Aeronautics and Space Administration (NASA)

ACTION: Final Rule

SYNOPSIS: This final rule revises NFS 1833.103, Protests to the Agency, to specify the approval authority to award a contract or continue contract performance when a protest is filed directly with the agency.

EFFECTIVE DATE: October 1, 2002.

FOR FURTHER INFORMATION CONTACT: Tom O'Toole, NASA, Office of Procurement, Contract Management Division (Code HK); 202-358-0478; e-mail: thomas.otoole@hq.nasa.gov.

SUPPLEMENTAL INFORMATION: Both FAR 33.103, Protests to the Agency, and FAR 33.104, Protests to GAO [General Accounting Office], allow an agency to establish an approval authority for awarding a contract when a protest is received prior to contract award and for continuing contract performance when a protest is received after award. NFS 1833.104 specifies that the Assistant Administrator for Procurement is the approval authority for those actions when a protest is filed with GAO, but NFS 1833.103 does not specify the approval authority for agency protests. This final rule amends NFS 1833.103(f) to establish the Assistant Administrator for Procurement as the approval authority for contract award and continuing contract performance when an agency protest is received.

In addition, in NFS 1833.103(c) and NFS 1852.233-70, Protests to NASA, the position title "Deputy Assistant Administrator for Procurement" is changed to "Assistant Administrator for Procurement."

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2002 by Panoptic Enterprises. All Rights Reserved.

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