National Aeronautics and Space Administration (NASA).
NASA has adopted as final, without change, a proposed rule amending the NASA FAR Supplement (NFS) to require contracting officers to notify prospective contractors if they are found to be nonresponsible.
Effective Date: November 23, 2011.
Start Further Info
FOR FURTHER INFORMATION CONTACT:
Leigh Pomponio, Procurement Analyst, at (202) 358-0592 or leigh.pomponio@NASA.gov.
End Further Info
Start Supplemental Information
NASA published a proposed rule in the Federal Register at 76 FR 25656 on May 5, 2011, to implement a requirement for contracting officers to notify prospective contractors if they are found to be nonresponsible under FAR Subpart 9.1. Public comments were due on or before July 5, 2011. No comments were received.
II. 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.
III. 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 it does not impose any new requirements on small entities. This rule only imposes requirements on Government personnel; the impact on the public, including small entities, is the receipt of additional information.
IV. Paperwork Reduction Act
This final 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).
Start List of Subjects
End List of Subjects
Director, Program Operations Division.
Accordingly, 48 CFR part 1809 is amended as follows:
PART 1809—CONTRACTOR QUALIFICATIONS
Start Amendment Part
1. The authority citation forEnd Amendment Part
Start Printed Page 72328
Subpart 1809.1—Responsible Prospective Contractors
Start Amendment Part
2. Section 1809.105-2 is added to subpart 1809.1 to read follows:End Amendment Part
End Supplemental Information
Determinations and documentation.
(a) The contracting officer shall provide written notification to a prospective contractor determined not responsible, which includes the basis for the determination. Notification provides the prospective contractor with the opportunity to take corrective action prior to future solicitations.
[FR Doc. 2011-30148 Filed 11-22-11; 8:45 am]
BILLING CODE 7510-01-P