[Federal Register Volume 67, Number 190 (Tuesday, October 1, 2002)]
[Rules and Regulations]
[Page 61519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24773]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1833 and 1852

RIN 2700-AC33


Approval Authority for Contract Actions Pending Resolution of an 
Agency Protest

AGENCY: National Aeronautics And Space Administration.

ACTION: Final rule.

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SUMMARY: This final rule revises the NASA FAR Supplement (NFS) to 
specify the approval authority to award a contract or continue contract 
performance when a protest is filed directly with the agency. It also 
makes administrative changes to specify internal NASA distribution 
requirements for protest notifications and to correct a position title.

EFFECTIVE DATE: October 1, 2002.

FOR FURTHER INFORMATION CONTACT: Tom O'Toole, NASA, Office of 
Procurement, Contract Management Division (Code HK); (202) 358-0478; e-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    FAR 33.103 and 33.104 address protests to the agency and the 
General Accounting Office (GAO), respectively. Both FAR sections allow 
an agency to establish an approval authority for awarding a contract 
when a protest is received prior to contract award and for continuing 
contract performance when a protest is received after award. NFS 
1833.104(b)(1) and (c)(2) already specify that the Assistant 
Administrator for Procurement is the approval authority for those 
actions when a protest is filed with GAO, but no authority is specified 
relative to agency protests. To ensure the same degree of review and 
approval regardless of the forum where the protest is filed, this 
change to the NFS establishes the Assistant Administrator for 
Procurement as the approval authority for contract award and continuing 
contract performance for agency protests.

B. Regulatory Flexibility Act

    This final rule does not constitute a significant revision within 
the meaning of FAR 1.501 and Public Law 98-577, and publication for 
public comment is not required. However, NASA will consider comments 
from small entities concerning the affected NFS Parts 1833 and 1852 in 
accordance with 5 U.S.C. 610.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes do 
not impose recordkeeping or information collection requirements which 
require the approval of the Office of Management and Budget under 44 
U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 1833 and 1852

    Government Procurement.

Tom Luedtke,
Assistant Administrator for Procurement.

    Accordingly, 48 CFR parts 1833 and 1852 are amended as follows:
    1. The authority citation for 48 CFR parts 1833 and 1852 continues 
to read as follows:

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

PART 1833--PROTEST, DISPUTES, AND APPEALS

    2. Amend section 1833.103 by deleting the word ``Deputy'' in 
paragraph (c), and by revising paragraph (f) to read as follows:


1833.103  Protests to the agency.

* * * * *
    (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 Offices of 
Procurement (Code HS) and 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.
    (1) The Assistant Administrator for Procurement (Code HS) is the 
approval authority for contract award.
    (3) The Assistant Administrator for Procurement (Code HS) is the 
approval authority for authorizing continued contract performance.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


1852.233-70  [Amended]

    3. Amend section 1852.233-70 by revising the date of the provision 
to read ``Oct. 2002'' and by deleting the word ``Deputy'' each time it 
appears.
[FR Doc. 02-24773 Filed 9-30-02; 8:45 am]
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