Federal Acquisition Regulations: FAR Case 2017-014, Use of Acquisition 360 To Encourage Vendor Feedback, 57177-57180 [2020-18375]
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Federal Register / Vol. 85, No. 179 / Tuesday, September 15, 2020 / Proposed Rules
Coast Guard will not retaliate against
small entities that question or complain
about this proposed rule or any policy
or action of the Coast Guard.
C. Collection of Information
This proposed rule will not call for a
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under E.O. 13132, Federalism, if it has
a substantial direct effect on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in E.O. 13132.
Also, this proposed rule does not have
tribal implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does not have a substantial direct effect
on one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule will not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
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significant effect on the human
environment. This rule involves a safety
zone encompassing an area near Ship
Rock, Catalina Island for the Ocean Cup
Pacific Rum Run. Such actions are
categorically excluded from further
review under paragraph 60(a) of
Appendix A, Table 1 of the Department
of Homeland Security Directive 023–01–
001–01, Rev. 01. An environmental
analysis and checklist supporting this
determination and Record of
Environmental Consideration (REC) are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), reporting and record keeping
requirements, security measures,
waterways management.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
57177
Guard vessel and a Federal, State, and
local officer designated by or assisting
the Captain of the Port Los AngelesLong Beach (COTP) in the enforcement
of the safety zone.
(c) Regulations. (1) During the
enforcement period, vessels and persons
are prohibited from entering into,
transiting through, or remaining within
the safety zone described in paragraph
(a) of this section unless authorized by
the Captain of the Port or their
designated representative.
(2) To seek permission to enter, hail
Coast Guard Sector Los Angeles—Long
Beach on VHF–FM Channel 16 or call
at (310) 521–3801. Those in the safety
zone must comply with all lawful orders
or directions given to them by the COTP
or the COTP’s designated representative.
(d) Notification. Coast Guard Sector
Los Angeles—Long Beach will use all
appropriate means to notify the public
in advance of an event of the
enforcement of this safety zone to
include publishing a Notice of
Enforcement in the Federal Register and
through the Local Notice to Mariners
and Broadcast Notice to Mariners.
(e) Enforcement period. This safety
zone will be enforced on October 10,
2020. The exact times will be
announced via publication of a Notice
of Enforcement and Local Mariners and
Broadcast Notice to Mariners.
Dated: September 9, 2020.
K.L. Bernstein,
Captain, U.S. Coast Guard, Acting Captain
of the Port, Los Angeles Long Beach.
[FR Doc. 2020–20282 Filed 9–14–20; 8:45 am]
BILLING CODE 9110–04–P
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T11–0501 to read as
follows:
■
§ 165.T11–0501 Safety Zone; Ocean Cup,
The Pacific Rum Run, Catalina, California.
(a) Location. The following area is a
safety zone: All navigable waters from
the surface to the sea floor consisting of
a line connecting the following
coordinates: 33°27′38″ N, 118°30′09″ W,
33°27′51″ N, 118°29′53″ W 33°27′34″ N,
118°28′54″, 33°27′12″ N, 118°29′17″ W.
All coordinates displayed are referenced
by North American Datum of 1983,
World Geodetic System, 1984.
(b) Definitions. For the purposes of
this section:
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1 and 52
[FAR Case 2017–014, Docket No. FAR–
2017–0014, Sequence No. 1]
RIN 9000–AN43
Federal Acquisition Regulations: FAR
Case 2017–014, Use of Acquisition 360
To Encourage Vendor Feedback
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
SUMMARY:
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Acquisition Regulation (FAR) to
encourage use of voluntary feedback
mechanisms, where appropriate, to
support continual improvement of the
acquisition process.
DATES: Interested parties should submit
written comments at the address shown
below on or before November 16, 2020
to be considered in the formulation of
a final rule.
ADDRESSES: Submit comments in
response to FAR Case 2017–014 to
https://www.regulations.gov. Submit
comments via the Federal eRulemaking
portal by searching for ‘‘FAR Case 2017–
014’’. Select the link ‘‘Comment Now’’
that corresponds with ‘‘FAR Case 2017–
014’’. Follow the instructions provided
at the ‘‘Comment Now’’ screen. Please
include your name, company name (if
any), and ‘‘FAR Case 2017–014’’ on your
attached document. If your comment
cannot be submitted using https://
www.regulations.gov, call or email the
points of contact in the FOR FURTHER
INFORMATION CONTACT section of this
document for alternate instructions.
Instructions: Please submit comments
only and cite ‘‘FAR case 2017–014’’ in
all correspondence related to this case.
Comments received generally 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.
FOR FURTHER INFORMATION CONTACT: Mr.
Curtis E. Glover, Sr., Procurement
Analyst, at 202–501–1448, or by email
at Curtis.glover@gsa.gov, for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755 or
GSARegSec@gsa.gov. Please cite FAR
Case 2017–014.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA and NASA are proposing to
revise the FAR to encourage use of
voluntary feedback mechanisms, where
appropriate, to support continual
improvement of the acquisition process.
These mechanisms were largely
developed through pilot efforts
conducted in accordance with the Office
of Federal Procurement Policy (OFPP)
memorandum ‘‘Acquisition 360—
Improving the Acquisition Process
through Timely Feedback from External
and Internal Stakeholders.’’ The
memorandum established the
Acquisition 360 Survey tool, a voluntary
online survey to elicit industry feedback
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on the pre-award and debriefing
processes in a consistent and
standardized manner.
An advanced notice of proposed
rulemaking (ANPR) was published at 83
FR 34820 on July 23, 2018, to obtain
public input regarding matters related to
contractor feedback, the overall cost of
compliance and any specific regulatory
requirements that are particularly
burdensome. The proposed Acquisition
360 survey questions were also posted
as part of the rulemaking.
II. Discussion and Analysis
This proposed rule seeks to amend
FAR part 1, adding a new section at
FAR 1.102–3, Evaluating agency
acquisition processes, which encourages
agencies to develop internal procedures
to seek voluntary feedback from
interested parties in the acquisition
process. Contracting officers are
encouraged to use a new provision at
52.201–XX, Acquisition 360: Voluntary
Survey, to solicit feedback from actual
and potential offerors, in accordance
with agency procedures.
The proposed revisions are intended
to implement a standard process for
obtaining voluntary feedback on various
aspects of the acquisition process. While
use of feedback is encouraged, DoD,
GSA, and NASA appreciate that tailored
solicitation of feedback may be more
manageable and useful than blanket
application and, for this reason, have
crafted the proposed rule to provide
agencies the flexibility to target specific
types of requirements or aspects of the
acquisition lifecycle where feedback
may be most helpful to the agency and
its efforts to drive continual process
improvements. The feedback will be
anonymous, unless the participant selfidentifies in the survey.
The proposed text is moved to FAR
part 1 from parts 5 and 42 because the
survey tool may be applied to
procurements in general, as determined
by agency procedure.
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 proposed rule seeks to add a
provision for a voluntary survey. The
provision is not prescribed for any
particular kind of procurement; agencies
may include it in solicitations below the
SAT and in solicitations for commercial
items, including COTS. However,
because it is voluntary, impact on
offerors or contractors is expected to be
minimal.
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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 impact, 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 proposed rule
is not a major rule under 5 U.S.C. 804.
V. Executive Order 13771
This proposed rule is not expected to
be subject to E.O. 13771, Reducing
Regulation and controlling Regulatory
Costs, 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 proposed 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. Nevertheless,
an Initial Regulatory Flexibility
Analysis (IRFA) has been prepared and
is summarized as follows:
The reason for this proposed rule is to
encourage use of voluntary feedback
mechanisms, where appropriate, to support
continual improvement of the acquisition
process. The use of the voluntary Acquisition
360 survey is one mechanism to elicit
feedback on the pre-award and debriefing
processes in a consistent and standardized
manner.
The objective of the rule is to encourage
agency use of the Acquisition 360 survey tool
in accordance with agency procedures, to
obtain feedback from offerors which may be
used to improve their acquisition processes.
The Office of Management and Budget is
providing and hosting the centralized survey
portal which will facilitate data access and
analysis across the Government. The legal
basis for the proposed rule is 40 U.S.C.
121(c), 10 U.S.C. chapter 137, and 51 U.S.C.
20113.
Data generated from the Federal
Procurement Data System (FPDS) and the
System for Award Management (SAM) have
been used as the basis for estimating the
number of small entities affected by this rule.
Currently, there are approximately 327,000
small entities registered in SAM that were
small in at least one North American
Industry Classification Systems (NAICS)
code. The rule, therefore, will potentially
impact all 327,000 small entities.
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In order to estimate the likely number of
small entities impacted by the rule, we used
the average of FPDS data for fiscal years (FY)
2017, 2018, and 2019. Examination of the
data reveals that the number of unique small
entities that received contract awards was
60,912. DoD, GSA, and NASA estimate that
each unique small entity would respond to
approximately 3 solicitations, equating to
182,736 potential offers. It is anticipated that
33 percent of these potential offerors will
submit a response to the survey based upon
the outcome of a previous OFPP-conducted
pilot. Based upon this data, it is anticipated
that 60,302 small entities will likely be
affected by the rule.
The proposed rule encourages potential
offerors to provide feedback at https://
www.acquisition.gov/360 on agency
acquisition processes.
The rule does not duplicate, overlap, or
conflict with any other Federal rules.
There were other alternatives considered,
to include the status quo, for Government
acquisition officials to elicit feedback from
their contractors, such as vendor outreach
with industry days on the agency’s
performance of its contract administration
responsibilities; however, these would not
accomplish the stated objective of the rule
nor would they minimize the economic
impact of the rule on small entities.
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 proposed rule on small
entities.
DoD, GSA, and NASA will also
consider comments from small entities
concerning the existing regulations in
subparts affected by this proposed 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 2017–014) in
correspondence.
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VII. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. Chapter 35) applies as this
proposed rule contains information
collection requirements. Accordingly,
the Regulatory Secretariat Division has
submitted a request for approval of a
new information collection requirement
concerning the Voluntary Pre-award
Survey.
A. The public reporting burden for
this collection of information is
estimated at 10 minutes per response to
the voluntary online survey. This
estimate includes entering the online
portal and providing input to as few as
one or as many as 18 questions, as
determined by the respondent.
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This new information collection uses
the common form method to calculate
the public burden hours. GSA data is
provided to estimate the initial burden
information for the collection. In the
future, each executive branch agency
will provide information on the agency
use and contractor participation in the
voluntary survey. This information will
be included in the renewal of the
collection at that time.
The annual reporting burden is
estimated as follows:
*Respondents: 4,573.
*Responses per respondent: 1.
*Total annual responses: 4,573.
*Preparation hours per response:
.1667.
*Total response burden hours: 762.
B. Request for Comments Regarding
Paperwork Burden.
As part of this proposed rulemaking,
the FAR Council is soliciting comments
from the public in order to:
Evaluate whether this collection of
information is necessary for the proper
performance of functions of the FAR,
including whether the information will
have practical utility;
Evaluate the accuracy of the FAR
Council’s estimate of the burden of the
collection of information, including the
validity of the methodology and
assumptions used;
Enhance the quality, utility, and
clarity of the information to be
collected; and
Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate collection techniques or
other forms of information technology.
Organizations and individuals
desiring to submit comments on the
information collection requirements
associated with this rulemaking should
submit comments, including
suggestions for reducing this burden,
not later than November 16, 2020 to:
FAR Desk Officer, OMB, Room 10102,
NEOB, Washington, DC 20503, and a
copy to the General Services
Administration, Regulatory Secretariat
Division (MVCB), ATTN: Lois Mandell,
1800 F Street NW, 2nd Floor,
Washington, DC 20405–0001.
Requesters may obtain a copy of the
supporting statement from the General
Services Administration, Regulatory
Secretariat Division (MVCB), ATTN:
Lois Mandell, 1800 F Street NW, 2nd
Floor, Washington, DC 20405–0001.
Please cite OMB Control Number 9000–
XXXX.
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57179
List of Subjects in 48 CFR Parts 1 and
52.
Government procurement.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA
propose amending 48 CFR parts 1 and
52 as set forth below:
1. The authority citation for 48 CFR
parts 1 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.
PART 1—FEDERAL ACQUISITION
REGULATIONS SYSTEM
1.102–3 and 1.102–4
[Redesignated]
2. Redesignate sections 1.102–3 and
1.102–4 as sections 1.102–4 and 1.102–
5.
■ 3. Add new section 1.102–3 to read as
follows:
■
1.102–3 Evaluating agency acquisition
processes.
(a) Agencies are encouraged to
develop internal procedures seeking
voluntary feedback from interested
parties in an acquisition to assess
process strengths and weaknesses and
improve effectiveness and efficiency of
the acquisition process. Agencies may—
(1) Utilize a variety of feedback
mechanisms available to the public (e.g.,
surveys, in-person, and/or group
exchanges);
(2) Utilize the core pre-award and
debriefing survey questions at https://
www.acquisition.gov/360; and
(3) Seek additional feedback on
targeted aspects of an acquisition
throughout its lifecycle (e.g.,
performance standards at 1.102(b) or
post-award contract administration
responsibilities at 42.302).
(b) Contracting officers are
encouraged to insert the provision
52.201–XX, Acquisition 360: Voluntary
Survey, in accordance with agency
procedures.
(c) Contracting officers shall not
review information until after contract
award and shall not consider it in the
award decision.
■ 4. In section 1.106, amend the table by
adding an entry for ‘‘52.201–XX’’ in
numerical order to read as follows:
1.106 OMB approval under the Paperwork
Reduction Act.
*
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OMB control
No.
FAR segment
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
6. Add section 52.201–XX to read as
follows:
■
*
*
*
*
52.201–XX ............................
*
1.108
*
*
*
*
9000–XXXX
*
[Amended]
5. Amend section 1.108 by removing
from paragraph (b) ‘‘1.102–4(b)’’ and
adding ‘‘1.102–5(b)’’ in its place.
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■
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52.201–XX
Survey.
Acquisition 360: Voluntary
As prescribed in 1.102–3(b), insert the
following provision:
Acquisition 360: Voluntary Survey (DATE)
(a) All actual and potential offerors are
encouraged to provide feedback on the
preaward and debriefing process. Feedback
may be provided to agencies up to 45 days
after award. The feedback is anonymous,
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unless the participant self-identifies in the
survey. Actual and potential offerors can
participate in the survey by selecting the
following link: https://www.acquisition.gov/
360.
(b) The Contracting Officer will not review
the information provided until after contract
award and will not consider it in the award
decision. The survey is voluntary and does
not convey any protections, rights, or
grounds for protest. It creates a way for actual
and potential offerors to provide the
Government constructive feedback about the
pre-award and debriefing process on a
specific acquisition.
[FR Doc. 2020–18375 Filed 9–14–20; 8:45 am]
BILLING CODE 6820–EP–P
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]]>Agencies
[Federal Register Volume 85, Number 179 (Tuesday, September 15, 2020)]
[Proposed Rules]
[Pages 57177-57180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18375]
=======================================================================
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1 and 52
[FAR Case 2017-014, Docket No. FAR-2017-0014, Sequence No. 1]
RIN 9000-AN43
Federal Acquisition Regulations: FAR Case 2017-014, Use of
Acquisition 360 To Encourage Vendor Feedback
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
[[Page 57178]]
Acquisition Regulation (FAR) to encourage use of voluntary feedback
mechanisms, where appropriate, to support continual improvement of the
acquisition process.
DATES: Interested parties should submit written comments at the address
shown below on or before November 16, 2020 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments in response to FAR Case 2017-014 to https://www.regulations.gov. Submit comments via the Federal eRulemaking portal
by searching for ``FAR Case 2017-014''. Select the link ``Comment Now''
that corresponds with ``FAR Case 2017-014''. Follow the instructions
provided at the ``Comment Now'' screen. Please include your name,
company name (if any), and ``FAR Case 2017-014'' on your attached
document. If your comment cannot be submitted using https://www.regulations.gov, call or email the points of contact in the FOR
FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
Instructions: Please submit comments only and cite ``FAR case 2017-
014'' in all correspondence related to this case. Comments received
generally 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.
FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement
Analyst, at 202-501-1448, or by email at [email protected], for
clarification of content. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755 or [email protected]. Please cite FAR Case 2017-014.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA and NASA are proposing to revise the FAR to encourage use
of voluntary feedback mechanisms, where appropriate, to support
continual improvement of the acquisition process. These mechanisms were
largely developed through pilot efforts conducted in accordance with
the Office of Federal Procurement Policy (OFPP) memorandum
``Acquisition 360--Improving the Acquisition Process through Timely
Feedback from External and Internal Stakeholders.'' The memorandum
established the Acquisition 360 Survey tool, a voluntary online survey
to elicit industry feedback on the pre-award and debriefing processes
in a consistent and standardized manner.
An advanced notice of proposed rulemaking (ANPR) was published at
83 FR 34820 on July 23, 2018, to obtain public input regarding matters
related to contractor feedback, the overall cost of compliance and any
specific regulatory requirements that are particularly burdensome. The
proposed Acquisition 360 survey questions were also posted as part of
the rulemaking.
II. Discussion and Analysis
This proposed rule seeks to amend FAR part 1, adding a new section
at FAR 1.102-3, Evaluating agency acquisition processes, which
encourages agencies to develop internal procedures to seek voluntary
feedback from interested parties in the acquisition process.
Contracting officers are encouraged to use a new provision at 52.201-
XX, Acquisition 360: Voluntary Survey, to solicit feedback from actual
and potential offerors, in accordance with agency procedures.
The proposed revisions are intended to implement a standard process
for obtaining voluntary feedback on various aspects of the acquisition
process. While use of feedback is encouraged, DoD, GSA, and NASA
appreciate that tailored solicitation of feedback may be more
manageable and useful than blanket application and, for this reason,
have crafted the proposed rule to provide agencies the flexibility to
target specific types of requirements or aspects of the acquisition
lifecycle where feedback may be most helpful to the agency and its
efforts to drive continual process improvements. The feedback will be
anonymous, unless the participant self-identifies in the survey.
The proposed text is moved to FAR part 1 from parts 5 and 42
because the survey tool may be applied to procurements in general, as
determined by agency procedure.
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 proposed rule seeks to add a provision for a voluntary survey.
The provision is not prescribed for any particular kind of procurement;
agencies may include it in solicitations below the SAT and in
solicitations for commercial items, including COTS. However, because it
is voluntary, impact on offerors or contractors is expected to be
minimal.
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 impact, 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 proposed rule is not a major
rule under 5 U.S.C. 804.
V. Executive Order 13771
This proposed rule is not expected to be subject to E.O. 13771,
Reducing Regulation and controlling Regulatory Costs, 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 proposed 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. Nevertheless, an Initial Regulatory Flexibility Analysis (IRFA)
has been prepared and is summarized as follows:
The reason for this proposed rule is to encourage use of
voluntary feedback mechanisms, where appropriate, to support
continual improvement of the acquisition process. The use of the
voluntary Acquisition 360 survey is one mechanism to elicit feedback
on the pre-award and debriefing processes in a consistent and
standardized manner.
The objective of the rule is to encourage agency use of the
Acquisition 360 survey tool in accordance with agency procedures, to
obtain feedback from offerors which may be used to improve their
acquisition processes. The Office of Management and Budget is
providing and hosting the centralized survey portal which will
facilitate data access and analysis across the Government. The legal
basis for the proposed rule is 40 U.S.C. 121(c), 10 U.S.C. chapter
137, and 51 U.S.C. 20113.
Data generated from the Federal Procurement Data System (FPDS)
and the System for Award Management (SAM) have been used as the
basis for estimating the number of small entities affected by this
rule. Currently, there are approximately 327,000 small entities
registered in SAM that were small in at least one North American
Industry Classification Systems (NAICS) code. The rule, therefore,
will potentially impact all 327,000 small entities.
[[Page 57179]]
In order to estimate the likely number of small entities
impacted by the rule, we used the average of FPDS data for fiscal
years (FY) 2017, 2018, and 2019. Examination of the data reveals
that the number of unique small entities that received contract
awards was 60,912. DoD, GSA, and NASA estimate that each unique
small entity would respond to approximately 3 solicitations,
equating to 182,736 potential offers. It is anticipated that 33
percent of these potential offerors will submit a response to the
survey based upon the outcome of a previous OFPP-conducted pilot.
Based upon this data, it is anticipated that 60,302 small entities
will likely be affected by the rule.
The proposed rule encourages potential offerors to provide
feedback at https://www.acquisition.gov/360 on agency acquisition
processes.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
There were other alternatives considered, to include the status
quo, for Government acquisition officials to elicit feedback from
their contractors, such as vendor outreach with industry days on the
agency's performance of its contract administration
responsibilities; however, these would not accomplish the stated
objective of the rule nor would they minimize the economic impact of
the rule on small entities.
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 proposed rule on small entities.
DoD, GSA, and NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by this
proposed 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
2017-014) in correspondence.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. Chapter 35) applies as this
proposed rule contains information collection requirements.
Accordingly, the Regulatory Secretariat Division has submitted a
request for approval of a new information collection requirement
concerning the Voluntary Pre-award Survey.
A. The public reporting burden for this collection of information
is estimated at 10 minutes per response to the voluntary online survey.
This estimate includes entering the online portal and providing input
to as few as one or as many as 18 questions, as determined by the
respondent.
This new information collection uses the common form method to
calculate the public burden hours. GSA data is provided to estimate the
initial burden information for the collection. In the future, each
executive branch agency will provide information on the agency use and
contractor participation in the voluntary survey. This information will
be included in the renewal of the collection at that time.
The annual reporting burden is estimated as follows:
*Respondents: 4,573.
*Responses per respondent: 1.
*Total annual responses: 4,573.
*Preparation hours per response: .1667.
*Total response burden hours: 762.
B. Request for Comments Regarding Paperwork Burden.
As part of this proposed rulemaking, the FAR Council is soliciting
comments from the public in order to:
Evaluate whether this collection of information is necessary for
the proper performance of functions of the FAR, including whether the
information will have practical utility;
Evaluate the accuracy of the FAR Council's estimate of the burden
of the collection of information, including the validity of the
methodology and assumptions used;
Enhance the quality, utility, and clarity of the information to be
collected; and
Minimize the burden of the collection of information on those who
are to respond, including through the use of appropriate collection
techniques or other forms of information technology.
Organizations and individuals desiring to submit comments on the
information collection requirements associated with this rulemaking
should submit comments, including suggestions for reducing this burden,
not later than November 16, 2020 to: FAR Desk Officer, OMB, Room 10102,
NEOB, Washington, DC 20503, and a copy to the General Services
Administration, Regulatory Secretariat Division (MVCB), ATTN: Lois
Mandell, 1800 F Street NW, 2nd Floor, Washington, DC 20405-0001.
Requesters may obtain a copy of the supporting statement from the
General Services Administration, Regulatory Secretariat Division
(MVCB), ATTN: Lois Mandell, 1800 F Street NW, 2nd Floor, Washington, DC
20405-0001. Please cite OMB Control Number 9000-XXXX.
List of Subjects in 48 CFR Parts 1 and 52.
Government procurement.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 1 and
52 as set forth below:
0
1. The authority citation for 48 CFR parts 1 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.
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
1.102-3 and 1.102-4 [Redesignated]
0
2. Redesignate sections 1.102-3 and 1.102-4 as sections 1.102-4 and
1.102-5.
0
3. Add new section 1.102-3 to read as follows:
1.102-3 Evaluating agency acquisition processes.
(a) Agencies are encouraged to develop internal procedures seeking
voluntary feedback from interested parties in an acquisition to assess
process strengths and weaknesses and improve effectiveness and
efficiency of the acquisition process. Agencies may--
(1) Utilize a variety of feedback mechanisms available to the
public (e.g., surveys, in-person, and/or group exchanges);
(2) Utilize the core pre-award and debriefing survey questions at
https://www.acquisition.gov/360; and
(3) Seek additional feedback on targeted aspects of an acquisition
throughout its lifecycle (e.g., performance standards at 1.102(b) or
post-award contract administration responsibilities at 42.302).
(b) Contracting officers are encouraged to insert the provision
52.201-XX, Acquisition 360: Voluntary Survey, in accordance with agency
procedures.
(c) Contracting officers shall not review information until after
contract award and shall not consider it in the award decision.
0
4. In section 1.106, amend the table by adding an entry for ``52.201-
XX'' in numerical order to read as follows:
1.106 OMB approval under the Paperwork Reduction Act.
* * * * *
[[Page 57180]]
------------------------------------------------------------------------
OMB control
FAR segment No.
------------------------------------------------------------------------
* * * * *
52.201-XX............................................... 9000-XXXX
* * * * *
------------------------------------------------------------------------
1.108 [Amended]
0
5. Amend section 1.108 by removing from paragraph (b) ``1.102-4(b)''
and adding ``1.102-5(b)'' in its place.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
6. Add section 52.201-XX to read as follows:
52.201-XX Acquisition 360: Voluntary Survey.
As prescribed in 1.102-3(b), insert the following provision:
Acquisition 360: Voluntary Survey (DATE)
(a) All actual and potential offerors are encouraged to provide
feedback on the preaward and debriefing process. Feedback may be
provided to agencies up to 45 days after award. The feedback is
anonymous, unless the participant self-identifies in the survey.
Actual and potential offerors can participate in the survey by
selecting the following link: https://www.acquisition.gov/360.
(b) The Contracting Officer will not review the information
provided until after contract award and will not consider it in the
award decision. The survey is voluntary and does not convey any
protections, rights, or grounds for protest. It creates a way for
actual and potential offerors to provide the Government constructive
feedback about the pre-award and debriefing process on a specific
acquisition.
[FR Doc. 2020-18375 Filed 9-14-20; 8:45 am]
BILLING CODE 6820-EP-P
