[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Proposed Rules]
[Pages 27710-27711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12776]



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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1803, 1815, and 1852


Addition of Coverage to NASA FAR Supplement on NASA Ombudsman 
Program

AGENCY: Office of Procurement, National Aeronautics and Space 
Administration (NASA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: To improve communications with interested parties, NASA plans 
to establish an Ombudsman Program. This rule sets forth a clause for 
identification of the NASA and installation ombudsmen to be included in 
solicitations and contracts. The clause is also to serve as the basis 
for a statement to be included in ``Commerce Business Daily'' 
announcements. In addition, the rule amends NASA's coverage on 
procurement integrity to include the NASA and installation ombudsmen as 
individuals authorized access to proprietary and source selection 
information.

DATES: Comments must be received on or before July 24, 1995.

ADDRESSES: Submit comments to Mr. Joseph Le Cren, Analysis Division 
(Code HC), Office of Procurement, NASA Headquarters, Washington, DC 
20546.

FOR FURTHER INFORMATION CONTACT:
Mr. Joseph Le Cren, (202) 358-0444.

SUPPLEMENTARY INFORMATION:

Background

    In order to improve communications with interested parties 
(offerors, potential offerors, contractors), and to facilitate the 
resolution of concerns in an informal manner, NASA plans to establish 
an Ombudsman Program. In addition, section 1004(a) of the Federal 
Acquisition Streamlining Act of 1994, Public Law 103-355, enacted 
October 13, 1994, requires NASA, under 10 U.S.C. 2304c(e), to appoint a 
task and delivery order ombudsman where multiple task or delivery order 
contracts are made. In order to accomplish these things, a NASA 
Management Instruction has been developed to establish the NASA 
Ombudsman Program. It is also necessary to amend the NASA FAR 
Supplement to include a clause to notify offerors, potential offerors, 
contractors, and industry representatives of the purpose of the NASA 
Ombudsman Program and to provide the names and telephone numbers of the 
agency and applicable installation ombudsmen. The rule also proposes to 
amend the current NASA FAR Supplement coverage on procurement integrity 
to include the NASA and installation ombudsmen as individuals 
authorized access to proprietary and source selection information, as 
needed, to carry out their duties.

Impact

    NASA certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) This rule does not 
impose any reporting or [[Page 27711]] recordkeeping requirements 
subject to the Paperwork Reduction Act.

List of Subjects in 48 CFR Parts 1803, 1815 and 1852

    Government procurement.
Deidre A. Lee,
Associate Administrator for Procurement.

    Accordingly, 48 CFR Parts 1803, 1815 and 1852 are proposed to be 
amended as follows:

PART 1803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

    1. The authority citation for 48 CFR Parts 1803, 1815 and 1852 
continue to read as follows:

    Authority: 42 U.S.C. 2473(c)(1).

    2. In section 1803.104-5, the introductory text of paragraph (c) is 
revised and paragraph (c)(11) is added to read as follows:


1803.104-5  Disclosure, protection, and marking of proprietary and 
source selection information.

* * * * *
    (c) Government employees serving in the following positions are 
authorized access to proprietary or source selection information, but 
only to the extent necessary to perform their official duties:
* * * * *
    (11) Duly designated ombudsman.
* * * * *

PART 1815--CONTRACTING BY NEGOTIATION

    3. Subpart 1815.70 is added to read as follows:

Subpart 1815.70--Ombudsman
1815.7001  NASA Ombudsman Program.
1815.7002  Commerce Business Daily announcements, solicitations and 
contracts.

* * * * *

Subpart 1815.70--Ombudsman


1815.7001  NASA Ombudsman Program.

    NASA's implementation of an ombudsman program is in NMI 1210.XX, 
NASA Ombudsman Program.


1815.7002  Commerce Business Daily announcements, solicitations and 
contracts.

    The contracting officer shall include a statement similar to that 
contained in the clause at 1852.215-84, Ombudsman, in Commerce Business 
Daily announcements of competitive procurements. Also, a clause 
substantially the same as the one at 1852.215-84 shall be included in 
Section L of solicitations, including draft solicitations, and in all 
contracts.
    3. Section 1852.215-84 is added to read as follows:
1852.215-84  Ombudsman.
    As prescribed in 1815.7002, insert the following clause:
Ombudsman
(XXX 1995)

    An ombudsman has been appointed to hear concerns from offerors, 
potential offerors, and contractors during the preaward and 
postaward phases of this acquisition. The purpose of the ombudsman 
is not to diminish the authority of the contracting officer, the 
Source Selection Board, or the selection official, but to 
communicate concerns, issues, disagreements, and recommendations of 
interested parties to the appropriate Government personnel and to 
work to resolve them. When requested, the ombudsman will maintain 
strict confidentiality as to the source of the concern. The 
ombudsman does not participate in the evaluation of proposals, the 
source selection process, or the arbitration of formal contract 
disputes. Interested parties are invited to call the installation 
ombudsman ________________ [Insert name] at ________________ [Insert 
telephone number]. Concerns, issues, disagreements, and 
recommendations which cannot be resolved at the installation may be 
referred to the NASA ombudsman ________________ [Insert name] at 
________________ [Insert telephone number].

(End of Clause)

[FR Doc. 95-12776 Filed 5-24-95; 8:45 am]
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