Federal Acquisition Regulation: Ombudsman for Indefinite Delivery Contracts, 54901-54903 [2018-23889]
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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:
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§ 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
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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: https://
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
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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 https://
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
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Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Proposed Rules
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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
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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
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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.
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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).
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PART 16—TYPES OF CONTRACTS
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(End of clause)
Alternate I. As prescribed in 16.506(j),
add the following paragraph (d) to the
basic clause.
54903
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DATES:
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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: https://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 https://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.
-----------------------------------------------------------------------
(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:
-----------------------------------------------------------------------
(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
