Federal Acquisition Regulation: Ombudsman for Indefinite Delivery Contracts, 54901-54903 [2018-23889]

Download as PDF Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Proposed Rules by maintaining, for three years, bills of lading, invoices, or comparable documents that include a written statement from the supplier that the composite wood products, component parts, or finished goods are TSCA Title VI compliant or were produced before June 1, 2018 and by ensuring the following records are made available to EPA within 30 calendar days of request: * * * * * (c) Fabricators, distributors, and retailers must demonstrate that they have taken reasonable precautions by obtaining bills of lading, invoices, or comparable documents that include a written statement from the supplier that the composite wood products, component parts, or finished goods are TSCA Title VI compliant or that the composite wood products were produced before June 1, 2018. * * * * * ■ 13. In § 770.45, revise paragraph (a) introductory text and add paragraph (f) to read as follows: amozie on DSK3GDR082PROD with PROPOSALS1 § 770.45 Labeling. (a) Panels or bundles of panels that are imported, sold, supplied, or offered for sale in the United States must be labeled with the panel producer’s name, the lot number, the number of the EPA TSCA Title VI TPC, and a statement that the products are TSCA Title VI certified (or, for products exempt from certain testing and certification pursuant to §§ 770.17 or 770.18, a statement that the products are TSCA Title VI compliant). If a composite wood panel is not individually labeled, the panel producer, importer, distributor, fabricator, or retailer must have a method (e.g., color-coded edge marking) sufficient to identify the supplier of the panel and linking the information on the label to the products. This information must be made available to potential customers upon request. The label may be applied as a stamp, tag, or sticker. * * * * * (f) All panels (or bundles of panels) and finished goods (or boxes or bundles containing finished goods) must be properly labeled pursuant to paragraphs (a), (b), and (c) of this section before being imported into the United States, except as provided in paragraph (e) of this section. ■ 14. In § 770.99, revise paragraphs (e)(1) and (3) to read as follows: § 770.99 Incorporation by reference. * * * * * (e) * * * (1) ISO/IEC 17011:2017(E) Conformity assessments—requirements for VerDate Sep<11>2014 20:21 Oct 31, 2018 Jkt 247001 accreditation bodies accrediting conformity assessments bodies (Second Edition), November 2017. * * * * * (3) ISO/IEC 17025:2017(E) General requirements for the competence of testing and calibration laboratories (Third Edition), November 2017. * * * * * [FR Doc. 2018–23592 Filed 10–31–18; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 16 and 52 [FAR Case 2017–020; Docket No. 2017– 0020, Sequence No. 1] RIN 9000–AN58 Federal Acquisition Regulation: Ombudsman for Indefinite Delivery Contracts Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. AGENCY: DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement a new clause for use in multiple-award indefinite-delivery, indefinite–quantity contracts that provides information on the task- and delivery-order ombudsman. DATES: Interested parties should submit comments to the Regulatory Secretariat Division at one of the addresses shown below on or before December 31, 2018 to be considered in the formulation of a final rule. ADDRESSES: Submit comments in response to FAR Case 2017–020 by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering ‘‘FAR Case 2017–020’’ under the heading ‘‘Enter Keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Comment Now’’ that corresponds with ‘‘FAR Case 2017–020.’’ Follow the instructions provided on the screen. Please include your name, company name (if any), and ‘‘FAR Case 2017–020’’ on your attached document. • Mail: General Services Administration, Regulatory-Secretariat SUMMARY: PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 54901 Division (MVCB), ATTN: Lois Mandell, 1800 F Street NW, 2nd floor, Washington, DC 20405. Instructions: Please submit comments only and cite ‘‘FAR case 2017–020’’ in all correspondence related to this case. All comments received will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Mr. Michael O. Jackson, Procurement Analyst, at 202–208–4949. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202– 501–4755. Please cite ‘‘FAR Case 2017– 020.’’ SUPPLEMENTARY INFORMATION: I. Background DoD, GSA, and NASA are proposing to revise the FAR to implement a new clause that provides the agency taskand delivery-order ombudsman’s responsibilities and contact information for use in multiple-award indefinitedelivery, indefinite-quantity (IDIQ) contracts. 10 U.S.C. 2304c and 41 U.S.C. 4106 require agencies to appoint or designate a task- and delivery-order ombudsman who is responsible for reviewing complaints from contractors and ensuring that all of the contractors are afforded a fair opportunity to be considered for the award of an order, consistent with the procedures in the contract. To help implement the statutory requirement, FAR 16.504(a)(4)(v) requires the name, address, telephone number, facsimile number, and email address of the agency’s task- and delivery-order ombudsman be included in IDIQ solicitations, if multiple awards may result from the solicitation, and multiple-award IDIQ contracts. As a result of the requirement at FAR 16.504, several agencies created an agency-level contract clause that provides this information to contractors. This rule provides a standardized way to provide the necessary information to contractors with a single contract clause for use by all agencies. II. Discussion and Analysis This rule proposes to amend the FAR, as follows: • FAR part 16 is revised to add a prescription that requires the use of the E:\FR\FM\01NOP1.SGM 01NOP1 54902 Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Proposed Rules amozie on DSK3GDR082PROD with PROPOSALS1 new clause in solicitations and contracts when a multiple-award, IDIQ contract is contemplated. • FAR part 52 is revised to add a new clause at FAR 52.216–XX, Task-Order and Delivery-Order Ombudsman, that provides contractors with contact information (as a fill-in) for the agency ombudsman, explains the responsibilities of the ombudsman, and explains that contacting the ombudsman does not alter the timelines for other processes in the FAR. • An Alternate I clause is added to the main clause for contracts used by multiple agencies. The Alternate I clause explains that for contracts used by multiple agencies, complaints from contractors concerning orders placed under multi-agency contracts are primarily reviewed by the task- and delivery-order ombudsman for the ordering agency and provides the offeror with the contact information for the ordering agency’s ombudsman. III. Applicability to Contracts at or Below the Simplified Acquisition Threshold (SAT) and for Commercial Items, Including Commercially Available Off-the-Shelf (COTS) Items This rule proposes to create a new FAR clause 52.216–XX, Task-Order and Delivery-Order Ombudsman. The objective of the rule is to implement a single clause available for use by all agencies when awarding multiple-award IDIQ contracts that provides contractors with the requisite information for the agency task- and delivery-order ombudsman. DoD, GSA, and NASA plan to apply this clause to solicitations and contracts for the acquisition of commercial items, including COTS items, as defined at FAR 2.101. This rule does not impose any burden on contractors. Rather, this rule provides contractors with information on the responsibilities of and how to contact the ombudsman. Not applying this guidance to contracts for the acquisition of commercial items, including COTS items, could prevent some contractors from receiving the requisite information needed to address an issue with an agency’s task- and delivery-order ombudsman. Consequently, DoD, GSA, and NASA plan to apply the rule to contracts for the acquisition of commercial items, including COTS items. The rule is not likely to apply to contracts at or below the SAT, since the value of multiple-award IDIQ contracts are usually above the SAT. IV. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs VerDate Sep<11>2014 20:21 Oct 31, 2018 Jkt 247001 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. V. Executive Order 13771 This rule is not subject to E.O. 13771, because this rule is not a significant regulatory action under E.O. 12866. VI. Regulatory Flexibility Act DoD, GSA, and NASA do not expect this rule 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. However, an Initial Regulatory Flexibility Analysis (IRFA) has been performed and is summarized as follows: The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) are proposing to revise the Federal Acquisition Regulation (FAR) to implement a new clause that provides the agency taskand delivery-order ombudsman’s responsibilities and contact information for use in multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contracts. 10 U.S.C. 2304c and 41 U.S.C. 4106 require agencies to appoint or designate a task- and delivery-order ombudsman who is responsible for reviewing complaints from contractors and ensuring that all of the contractors are afforded a fair opportunity to be considered for the award of an order, consistent with the procedures in the contract. To help implement the statutory requirement, FAR 16.504(a)(4)(v) requires the name, address, telephone number, facsimile number, and email address of the agency’s task- and delivery-order ombudsman be included in IDIQ solicitations and contracts, if multiple awards may result from the solicitation. As a result of the requirement at FAR 16.504, several agencies created an agency-level contract clause that provides this information to contractors. This rule provides a standardized way to provide the necessary information to contractors with a single contract clause for use by all agencies. The objective of this proposed rule is to implement a single clause that provides contractors with the requisite information for the agency task- and delivery-order ombudsman and is available for use by all PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 agencies when awarding a multiple-award IDIQ contract. DoD, GSA, and NASA do not expect this rule 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. According to data from the Federal Procurement Data System, there were 6,207 new multiple-award contracts awarded in fiscal year 2017. Of the 6,207 new awards, 4,477 (72 percent) of these actions were awarded to 3,873 unique small business entities. The proposed rule applies to all entities who do business with the Federal Government and is not expected to have a significant impact on these entities, regardless of business size. This proposed rule does not include any new reporting, recordkeeping, or other compliance requirements. The proposed rule does not duplicate, overlap, or conflict with any other Federal rules. There are no known significant alternative approaches to the proposed rule that would meet the proposed objectives. The Regulatory Secretariat Division has submitted a copy of the IRFA to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the IRFA may be obtained from the Regulatory Secretariat Division. DoD, GSA and NASA invite comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD, GSA, and NASA will also consider comments from small entities concerning the existing regulations in subparts affected by this rule consistent with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (FAR Case 2017–020) in correspondence. VII. Paperwork Reduction Act The 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 Parts 16 and 52 Government procurement. Dated: October 29, 2018. William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Therefore, DoD, GSA, and NASA are proposing to amend 48 CFR parts 16 and 52 as set forth below: 1. The authority citation for 48 CFR parts 16 and 52 continues to read as follows: ■ Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. E:\FR\FM\01NOP1.SGM 01NOP1 Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Proposed Rules Comments must be received by December 3, 2018. 16.504 [Amended] ADDRESSES: You may submit comments ■ 2. Amend section 16.504 by removing on this document, identified by NOAA– paragraph (a)(4)(v) and redesignating NMFS–2018–0118, by either of the (d) Contracts used by multiple agencies. paragraphs (a)(4)(vi) and (a)(4)(vii) as following methods: (1) This is a contract that is used by paragraphs (a)(4)(v) and (a)(4)(vi), • Electronic Submission: Submit all multiple agencies. Complaints from respectively. electronic public comments via the Contractors concerning orders placed under ■ 3. Amend section 16.506 by adding contracts used by multiple agencies are Federal e-Rulemaking Portal. Go to paragraph (j) to read as follows. primarily reviewed by the task-order and www.regulations.gov/#!docketDetail;D= delivery-order Ombudsman for the ordering NOAA-NMFS-2018-0118, click the 16.506 Solicitation provisions and agency. ‘‘Comment Now!’’ icon, complete the contract clauses. (2) The ordering agency has designated the required fields, and enter or attach your * * * * * following task-order and delivery-order comments. Ombudsman for this order: (j) Insert the clause at 52.216–XX, • Mail: Regional Administrator, lllllllllllllllllllll Task-Order and Delivery-Order NMFS, Greater Atlantic Regional (The ordering agency’s contracting officer to Ombudsman, in solicitations and Fisheries Office, 55 Great Republic insert the name, address, telephone number, contracts when a multiple-award, Drive, Gloucester, MA 01930. Mark the and email address for the ordering agency’s indefinite-delivery, indefinite-quantity outside of the envelope, ‘‘Comments on Ombudsman or provide the URL address contract is contemplated. Use the clause Scallop Dredge Exemption’’. where this information may be found.) with its Alternate I when the contract Instructions: Comments sent by any will be available for use by multiple (End of clause) other method, to any other address or agencies (e.g., Governmentwide [FR Doc. 2018–23889 Filed 10–31–18; 8:45 am] individual, or received after the end of acquisition contracts or multi-agency BILLING CODE 6820–EP–P the comment period, may not be contracts). When placing orders under a considered by NMFS. All comments contract available for use by multiple received are a part of the public record agencies, the ordering agency’s and will generally be posted for public DEPARTMENT OF COMMERCE contracting officer shall complete viewing on www.regulations.gov paragraph (d)(2) and include Alternate I without change. All personal identifying National Oceanic and Atmospheric in the solicitation and any resulting information (e.g., name, address, etc.), Administration order. confidential business information, or otherwise sensitive information 50 CFR Part 648 PART 52—SOLICITATION PROVISIONS submitted voluntarily by the sender will AND CONTRACT CLAUSES be publicly accessible. NMFS will [Docket No.: 180205127–8896–01] ■ 4. Add section 52.216–XX to read as accept anonymous comments (enter RIN 0648–BH68 follows: ‘‘N/A’’ in the required fields if you wish to remain anonymous). 52.216–XX Task-Order and Delivery-Order Fisheries of the Northeastern United Copies of the proposed rule to expand Ombudsman. States; Proposed Rule To Expand the the scallop dredge exemption areas, and Scallop Dredge Exemption Areas As prescribed in 16.506(j), use the of the draft Environmental Assessment Under the Northeast Multispecies following clause: (EA) and preliminary Regulatory Impact Fishery Management Plan Review (EA/RIR), are available from the Task-Order and Delivery-Order Ombudsman (Date) Greater Atlantic Regional Fisheries AGENCY: National Marine Fisheries Office, 55 Great Republic Drive, (a) In accordance with 41 U.S.C. 4106(g), Service (NMFS), National Oceanic and Gloucester, MA 01930. The EA/RIR is the Agency has designated the following Atmospheric Administration (NOAA), task-order and delivery-order Ombudsman also accessible via the internet at: Commerce. for this contract. The Ombudsman must www.greateratlantic.fisheries.noaa.gov. ACTION : Proposed rule; request for review complaints from the Contractor Written comments regarding the comments. concerning all task- and delivery-order burden-hour estimates or other aspects actions for this contract and ensure the SUMMARY: NMFS proposes to implement of the collection-of-information Contractor is afforded a fair opportunity for requirements contained in this proposed modifications to the regulations consideration in the award of task- or rule may be submitted to the Greater implementing the Northeast delivery-orders, consistent with the Atlantic Regional Fisheries Office and Multispecies Fishery Management Plan procedures in the contract. by email to OIRA_Submission@ lllllllllllllllllllll to allow vessels issued a limited access omb.eop.gov or fax to (202) 395–5806. general category individual fishing (Contracting Officer to insert name, address, FOR FURTHER INFORMATION CONTACT: telephone number, and email address for the quota sea scallop permit to fish for Shannah Jaburek, Fishery Management scallops with small dredges in an Agency Ombudsman or provide the URL address where this information may be Specialist, 978–282–8456. expanded area. In addition, NMFS also found.) proposes to modify open area days-atSUPPLEMENTARY INFORMATION: (b) Before consulting with the sea trip reporting procedures for limited Background Ombudsman, the Contractor is encouraged to access scallop vessels. This action is first address complaints with the Contracting intended to provide consistency, Regulations implementing the Officer for resolution. When requested, the flexibility, and potential economic Northeast (NE) Multispecies Fishery Ombudsman may keep the identity of the benefit to the scallop fleet. This rule Management Plan (FMP) include a concerned party or entity confidential, unless notifies the public of these proposed bycatch control measure for the Gulf of prohibited by law or agency procedure. measures and solicits comments on the Maine (GOM), Georges Bank (GB), and (c) Consulting an ombudsman does not potential scallop fishery management Southern New England (SNE) Regulated alter or postpone the timeline for any other changes. Mesh Areas (RMA). A vessel may not process (e.g., protests). amozie on DSK3GDR082PROD with PROPOSALS1 PART 16—TYPES OF CONTRACTS VerDate Sep<11>2014 20:21 Oct 31, 2018 Jkt 247001 (End of clause) Alternate I. As prescribed in 16.506(j), add the following paragraph (d) to the basic clause. 54903 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 DATES: E:\FR\FM\01NOP1.SGM 01NOP1

Agencies

[Federal Register Volume 83, Number 212 (Thursday, November 1, 2018)]
[Proposed Rules]
[Pages 54901-54903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23889]


=======================================================================
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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 16 and 52

[FAR Case 2017-020; Docket No. 2017-0020, Sequence No. 1]
RIN 9000-AN58


Federal Acquisition Regulation: Ombudsman for Indefinite Delivery 
Contracts

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal 
Acquisition Regulation (FAR) to implement a new clause for use in 
multiple-award indefinite-delivery, indefinite-quantity contracts that 
provides information on the task- and delivery-order ombudsman.

DATES: Interested parties should submit comments to the Regulatory 
Secretariat Division at one of the addresses shown below on or before 
December 31, 2018 to be considered in the formulation of a final rule.

ADDRESSES: Submit comments in response to FAR Case 2017-020 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov.
    Submit comments via the Federal eRulemaking portal by entering 
``FAR Case 2017-020'' under the heading ``Enter Keyword or ID'' and 
selecting ``Search.'' Select the link ``Comment Now'' that corresponds 
with ``FAR Case 2017-020.'' Follow the instructions provided on the 
screen. Please include your name, company name (if any), and ``FAR Case 
2017-020'' on your attached document.
     Mail: General Services Administration, Regulatory-
Secretariat Division (MVCB), ATTN: Lois Mandell, 1800 F Street NW, 2nd 
floor, Washington, DC 20405.
    Instructions: Please submit comments only and cite ``FAR case 2017-
020'' in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided. To 
confirm receipt of your comment(s), please check www.regulations.gov, 
approximately two to three days after submission to verify posting 
(except allow 30 days for posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Michael O. Jackson, Procurement Analyst, at 202-208-4949. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat Division at 202-501-4755. Please cite ``FAR Case 
2017-020.''

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA are proposing to revise the FAR to implement a 
new clause that provides the agency task- and delivery-order 
ombudsman's responsibilities and contact information for use in 
multiple-award indefinite-delivery, indefinite-quantity (IDIQ) 
contracts. 10 U.S.C. 2304c and 41 U.S.C. 4106 require agencies to 
appoint or designate a task- and delivery-order ombudsman who is 
responsible for reviewing complaints from contractors and ensuring that 
all of the contractors are afforded a fair opportunity to be considered 
for the award of an order, consistent with the procedures in the 
contract.
    To help implement the statutory requirement, FAR 16.504(a)(4)(v) 
requires the name, address, telephone number, facsimile number, and 
email address of the agency's task- and delivery-order ombudsman be 
included in IDIQ solicitations, if multiple awards may result from the 
solicitation, and multiple-award IDIQ contracts. As a result of the 
requirement at FAR 16.504, several agencies created an agency-level 
contract clause that provides this information to contractors. This 
rule provides a standardized way to provide the necessary information 
to contractors with a single contract clause for use by all agencies.

II. Discussion and Analysis

    This rule proposes to amend the FAR, as follows:
     FAR part 16 is revised to add a prescription that requires 
the use of the

[[Page 54902]]

new clause in solicitations and contracts when a multiple-award, IDIQ 
contract is contemplated.
     FAR part 52 is revised to add a new clause at FAR 52.216-
XX, Task-Order and Delivery-Order Ombudsman, that provides contractors 
with contact information (as a fill-in) for the agency ombudsman, 
explains the responsibilities of the ombudsman, and explains that 
contacting the ombudsman does not alter the timelines for other 
processes in the FAR.
     An Alternate I clause is added to the main clause for 
contracts used by multiple agencies. The Alternate I clause explains 
that for contracts used by multiple agencies, complaints from 
contractors concerning orders placed under multi-agency contracts are 
primarily reviewed by the task- and delivery-order ombudsman for the 
ordering agency and provides the offeror with the contact information 
for the ordering agency's ombudsman.

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold (SAT) and for Commercial Items, Including Commercially 
Available Off-the-Shelf (COTS) Items

    This rule proposes to create a new FAR clause 52.216-XX, Task-Order 
and Delivery-Order Ombudsman. The objective of the rule is to implement 
a single clause available for use by all agencies when awarding 
multiple-award IDIQ contracts that provides contractors with the 
requisite information for the agency task- and delivery-order 
ombudsman.
    DoD, GSA, and NASA plan to apply this clause to solicitations and 
contracts for the acquisition of commercial items, including COTS 
items, as defined at FAR 2.101. This rule does not impose any burden on 
contractors. Rather, this rule provides contractors with information on 
the responsibilities of and how to contact the ombudsman. Not applying 
this guidance to contracts for the acquisition of commercial items, 
including COTS items, could prevent some contractors from receiving the 
requisite information needed to address an issue with an agency's task- 
and delivery-order ombudsman. Consequently, DoD, GSA, and NASA plan to 
apply the rule to contracts for the acquisition of commercial items, 
including COTS items.
    The rule is not likely to apply to contracts at or below the SAT, 
since the value of multiple-award IDIQ contracts are usually above the 
SAT.

IV. 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.

V. Executive Order 13771

    This rule is not subject to E.O. 13771, because this rule is not a 
significant regulatory action under E.O. 12866.

VI. Regulatory Flexibility Act

    DoD, GSA, and NASA do not expect this rule 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. However, 
an Initial Regulatory Flexibility Analysis (IRFA) has been performed 
and is summarized as follows:

    The Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA) are 
proposing to revise the Federal Acquisition Regulation (FAR) to 
implement a new clause that provides the agency task- and delivery-
order ombudsman's responsibilities and contact information for use 
in multiple-award indefinite-delivery, indefinite-quantity (IDIQ) 
contracts. 10 U.S.C. 2304c and 41 U.S.C. 4106 require agencies to 
appoint or designate a task- and delivery-order ombudsman who is 
responsible for reviewing complaints from contractors and ensuring 
that all of the contractors are afforded a fair opportunity to be 
considered for the award of an order, consistent with the procedures 
in the contract.
    To help implement the statutory requirement, FAR 16.504(a)(4)(v) 
requires the name, address, telephone number, facsimile number, and 
email address of the agency's task- and delivery-order ombudsman be 
included in IDIQ solicitations and contracts, if multiple awards may 
result from the solicitation. As a result of the requirement at FAR 
16.504, several agencies created an agency-level contract clause 
that provides this information to contractors. This rule provides a 
standardized way to provide the necessary information to contractors 
with a single contract clause for use by all agencies.
    The objective of this proposed rule is to implement a single 
clause that provides contractors with the requisite information for 
the agency task- and delivery-order ombudsman and is available for 
use by all agencies when awarding a multiple-award IDIQ contract.
    DoD, GSA, and NASA do not expect this rule 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. 
According to data from the Federal Procurement Data System, there 
were 6,207 new multiple-award contracts awarded in fiscal year 2017. 
Of the 6,207 new awards, 4,477 (72 percent) of these actions were 
awarded to 3,873 unique small business entities. The proposed rule 
applies to all entities who do business with the Federal Government 
and is not expected to have a significant impact on these entities, 
regardless of business size.
    This proposed rule does not include any new reporting, 
recordkeeping, or other compliance requirements.
    The proposed rule does not duplicate, overlap, or conflict with 
any other Federal rules. There are no known significant alternative 
approaches to the proposed rule that would meet the proposed 
objectives.

    The Regulatory Secretariat Division has submitted a copy of the 
IRFA to the Chief Counsel for Advocacy of the Small Business 
Administration. A copy of the IRFA may be obtained from the Regulatory 
Secretariat Division. DoD, GSA and NASA invite comments from small 
business concerns and other interested parties on the expected impact 
of this rule on small entities.
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by this rule 
consistent with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 610 (FAR Case 2017-020) in 
correspondence.

VII. Paperwork Reduction Act

    The 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 Parts 16 and 52

    Government procurement.

    Dated: October 29, 2018.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA are proposing to amend 48 CFR parts 
16 and 52 as set forth below:

0
1. The authority citation for 48 CFR parts 16 and 52 continues to read 
as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

[[Page 54903]]

PART 16--TYPES OF CONTRACTS


16.504  [Amended]

0
2. Amend section 16.504 by removing paragraph (a)(4)(v) and 
redesignating paragraphs (a)(4)(vi) and (a)(4)(vii) as paragraphs 
(a)(4)(v) and (a)(4)(vi), respectively.
0
3. Amend section 16.506 by adding paragraph (j) to read as follows.


16.506  Solicitation provisions and contract clauses.

* * * * *
    (j) Insert the clause at 52.216-XX, Task-Order and Delivery-Order 
Ombudsman, in solicitations and contracts when a multiple-award, 
indefinite-delivery, indefinite-quantity contract is contemplated. Use 
the clause with its Alternate I when the contract will be available for 
use by multiple agencies (e.g., Governmentwide acquisition contracts or 
multi-agency contracts). When placing orders under a contract available 
for use by multiple agencies, the ordering agency's contracting officer 
shall complete paragraph (d)(2) and include Alternate I in the 
solicitation and any resulting order.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
4. Add section 52.216-XX to read as follows:


52.216-XX  Task-Order and Delivery-Order Ombudsman.

    As prescribed in 16.506(j), use the following clause:

Task-Order and Delivery-Order Ombudsman (Date)

    (a) In accordance with 41 U.S.C. 4106(g), the Agency has 
designated the following task-order and delivery-order Ombudsman for 
this contract. The Ombudsman must review complaints from the 
Contractor concerning all task- and delivery-order actions for this 
contract and ensure the Contractor is afforded a fair opportunity 
for consideration in the award of task- or delivery-orders, 
consistent with the procedures in the contract.

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(Contracting Officer to insert name, address, telephone number, and 
email address for the Agency Ombudsman or provide the URL address 
where this information may be found.)

    (b) Before consulting with the Ombudsman, the Contractor is 
encouraged to first address complaints with the Contracting Officer 
for resolution. When requested, the Ombudsman may keep the identity 
of the concerned party or entity confidential, unless prohibited by 
law or agency procedure.
    (c) Consulting an ombudsman does not alter or postpone the 
timeline for any other process (e.g., protests).


(End of clause)

    Alternate I. As prescribed in 16.506(j), add the following 
paragraph (d) to the basic clause.

    (d) Contracts used by multiple agencies.
    (1) This is a contract that is used by multiple agencies. 
Complaints from Contractors concerning orders placed under contracts 
used by multiple agencies are primarily reviewed by the task-order 
and delivery-order Ombudsman for the ordering agency.
    (2) The ordering agency has designated the following task-order 
and delivery-order Ombudsman for this order:
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(The ordering agency's contracting officer to insert the name, 
address, telephone number, and email address for the ordering 
agency's Ombudsman or provide the URL address where this information 
may be found.)


(End of clause)

[FR Doc. 2018-23889 Filed 10-31-18; 8:45 am]
 BILLING CODE 6820-EP-P