[Federal Register: July 7, 1999 (Volume 64, Number 129)] [Rules and Regulations] [Page 36606-36607] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr07jy99-22] ----------------------------------------------------------------------- NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 1833 NASA FAR Supplement; Protests to the Agency AGENCY: Office of Procurement, Contract Management Division, National Aeronautics and Space Administration (NASA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: NASA has a mandatory solicitation provision required to be inserted in all solicitations which informs potential bidders or offerors to whom Agency protests may be submitted. The provision provides that potential bidders or offerors may submit a protest directly to the Contracting Officer or alternatively to the Deputy Associate Administrator for Procurement, who will serve as or [[Page 36607]] designate the official responsible for conducting an independent review of the protest. Based on our experience with protests submitted to the Agency, we are amending NASA regulations to address whether or not there is any appeal from or reconsideration of Agency protest decisions within NASA. This final rule also addresses whether or not NASA will continue to consider an Agency protest that is related to pending judicial proceedings or where the protester has filed a protest on the same procurement with the United States General Accounting Office prior to receipt of an Agency protest decision. The effect of this additional information is to give potential bidders or offerors a better understanding of NASA's process for considering protests to the Agency. EFFECTIVE DATE: July 7, 1999. FOR FURTHER INFORMATION CONTACT: Dave Beck, NASA Headquarters, Code HK, Washington, DC 20546-0001, email: dbeck@hq.nasa.gov, telephone: (202) 358-0482. SUPPLEMENTARY INFORMATION: Background A proposed rule was published in the Federal Register on April 12, 1999 (64 FR 17603). No comments were received. The final rule adopts the proposed rule without change. Regulatory Flexibility Act NASA certifies that this final rule will not 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., because there are few protests of NASA procurements. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the changes to the NASA FAR Supplement do not impose any new recordkeeping or information collection requirements, or new collections of information from offerors, contractors, or members of the public which require the approval of the Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Part 1833 Government procurement. Tom Luedtke, Associate Administrator for Procurement. Accordingly, 48 CFR part 1833 is amended as follows. PART 1833--PROTESTS, DISPUTES, AND APPEALS 1. The authority citation for 48 CFR part 1833 continues to read as follows: Authority: 42 U.S.C. 2473(c)(1). Subpart 1833.1--Protests 2. Section 1833.103 is amended by revising the section heading, redesignating paragraph (b) as paragraph (f) and adding paragraph(c), paragraph (d) introductory text, and paragraph (d)(4) to read as follows: 1833.103 Protests to the agency. (NASA supplements paragraphs(c), (d) and (f).) (c) An independent review under the provision at 1852.233-70 is available as an alternative to a protest to the contracting officer, but not as an appeal of a protest decision. All independent reviews shall be conducted by the Deputy AssociateAdministrator for Procurement or designee. Such reviews are different from the Ombudsman Program described at 1815.7001. (d) NASA shall summarily dismiss and take no further action upon any protest to the Agency if the substance of the protest is pending in judicial proceedings or the protester has filed a protest on the same acquisition with the United States GeneralAccounting Office prior to receipt of an Agency protest decision. (4) When a potential bidder or offeror submits an Agency protest to NASA to the contracting officer or alternatively requests an independent review, the decision of the contracting officer or the independent review official shall be final and is not subject to any appeal or reconsideration within NASA. (f) Protests received at NASA offices or locations other than that of the cognizant contracting officer shall be immediately referred to the contracting officer for disposition (see 1833.106(a)). The contracting officer shall advise the Headquarters Office of the General Counsel (Code GK) of the receipt of the protest and the planned and actual disposition. This paragraph does not apply when the protester has requested an independent review under the provision at 1852.233-70. [FR Doc. 99-17039 Filed 7-6-99; 8:45 am] BILLING CODE 7510-01-P