NASA Federal Acquisition Regulation Supplement: NASA FAR Supplement-NASA Ombudsman Program (NFS Case 2023-N022), 80638-80639 [2023-25581]

Agencies

• National Aeronautics and Space Administration

[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Rules and Regulations]
[Pages 80638-80639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25581]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1815 and 1852

[Notice (23-118)]
RIN 2700-AE75


NASA Federal Acquisition Regulation Supplement: NASA FAR 
Supplement--NASA Ombudsman Program (NFS Case 2023-N022)

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

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SUMMARY: National Aeronautics and Space Administration (NASA) is 
issuing a final rule amending the NASA Federal Acquisition Regulation 
Supplement (NFS) to update the policy concerning the NASA Ombudsman 
Program.

DATES: Effective December 20, 2023.

FOR FURTHER INFORMATION CONTACT: James Becker, telephone 301-286-1296; 
facsimile 202-358-3082.

SUPPLEMENTARY INFORMATION: 

I. Background

    This final rule amends the NASA FAR Supplement(NFS) to update the 
policy concerning the NASA Ombudsman Program.
    When awarding a multiple award indefinite-quantity contracts, 41 
U.S.C. 4106(g) requires agencies to have a task- and delivery-order 
ombudsman who will be responsible for reviewing complaints from 
contractors and ensuring that they are afforded a fair opportunity to 
be considered for the award of an order, consistent with the procedures 
in the contract. This requirement is implemented at Federal Acquisition 
Regulation (FAR) 16.505(b)(8). FAR 16.504(a)(4)(v) requires the 
solicitation and contract for an indefinite-quantity to include the 
name, address, telephone number, facsimile number, and email address of 
the agency's task and delivery order ombudsman, if multiple awards may 
be made.
    To implement the requirement at FAR 16.504(a)(4)(v), several 
agencies created a contract clause that provides contractors with the 
agency ombudsman's responsibilities and contact information. NFS clause 
1852.215-84 Ombudsman, Alternate I, provides this information for task 
and delivery order contracts. As several agencies use a clause to 
provide this information to contractors, the Department of Defense 
(DOD), General Services Administration (GSA), and NASA processed a FAR 
case to implement a clause at the FAR level that would be available for 
all agencies to use.
    DOD, GSA, and NASA have undertaken rulemaking to formally 
incorporate this change. These rulemaking changes were published in the 
Federal Register (84 FR 38836) on August 7, 2019, FAC 2019-04, and FAR 
Case 2017-020, Ombudsman for Indefinite Delivery Contracts, effective 
September 6, 2019.
    This rule does not add any new solicitation provisions or contract 
clauses. This rule merely revises the policy concerning the NASA 
Ombudsman Program by deleting Alternate I and references to the use of 
Alternate I of NFS clause 1852.215-84 Ombudsman. It does not add any 
new burdens because the case does not add or change any requirements 
with which vendors must comply.

[[Page 80639]]

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    ``Publication of proposed regulations'', 41 U.S.C. 1707, is the 
statute which applies to the publication of the Federal Acquisition 
Regulation. Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation, procedure or form (including an amendment or 
modification thereof) must be published for public comment if it 
relates to the expenditure of appropriated funds, and has either a 
significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment, 
because NASA is not issuing a new regulation; rather, this rule is 
merely deleting Alternate I to NFS clause 1852.215-84 Ombudsman since 
the alternate to the clause is no longer needed.

III. 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. requirements with which vendors must comply.

IV. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a ``major rule'' may take effect, the 
agency promulgating the rule must submit a rule report, which includes 
a copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States. A major rule cannot take 
effect until 60 days after it is published in the Federal Register. 
This rule has been reviewed and determined by OMB not to be a ``major 
rule'' under 5 U.S.C. 804(2).

V. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not 
apply to this rule, because an opportunity for public comment is not 
required to be given for this rule under 41 U.S.C. 1707(a)(1) (see 
Section II. of this preamble). Accordingly, no regulatory flexibility 
analysis is required, and none has been prepared.

VI. 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 1815 and 1852

    Government procurement.

Erica D. Jones,
NASA FAR Supplement Manager.

    Accordingly, NASA amends 48 CFR parts 1815 and 1852 as follows:

0
1. The authority citation for parts 1815 and 1852 continue to read as 
follows:

    Authority:  51 U.S.C. 20113(a) and 48 CFR chapter 1.

PART 1815--CONTRACTING BY NEGOTIATION

0
2. Revise section 1815.7003 to read as follows:


1815.7003  Contract clause.

    The contracting officer shall insert a clause substantially the 
same as the one at 1852.215-84, Ombudsman, in all solicitations 
(including draft solicitations) and contracts.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend section 1852.215-84 by:
0
a. Revising the date of the clause and paragraph (b); and
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b. Removing ALTERNATE I.
    The revisions read as follows:


1852.215-84  Ombudsman.

* * * * *
Ombudsman (NOV 2023)
* * * * *
    (b) If resolution cannot be made by the contracting officer, 
interested parties may contact the installation ombudsman, whose name, 
address, telephone number, facsimile number, and email address may be 
found at https://www.hq.nasa.gov/office/procurement/regs/Procurement-Ombuds-Comp-Advocate-Listing.pdf. Concerns, issues, disagreements, and 
recommendations which cannot be resolved at the installation may be 
referred to the Agency ombudsman identified at the above URL. Please do 
not contact the ombudsman to request copies of the solicitation, verify 
offer due date, or clarify technical requirements. Such inquiries shall 
be directed to the Contracting Officer or as specified elsewhere in 
this document.
(End Clause)
[FR Doc. 2023-25581 Filed 11-17-23; 8:45 am]
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