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The National Aeronautics and Space Administration (NASA) finalized amendments to the NASA FAR Supplement (NFS) that updated 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 by Federal Acquisition Regulation (FAR) 16.505(b)(8). FAR 16.504(a)(4)(v) requires solicitations and contracts for indefinite-quantity to include the name, address, telephone number, facsimile number, and e-mail 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 these 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.

PUBLIC OUTREACH AND ENGAGEMENT ACTIVITIES:

NASA engages with the public on procurement-related regulations in several ways. The Agency meets with industry associations on a quarterly basis both for its own regulations and as a signatory to the Federal Acquisition Regulation (FAR). Industry associations that regularly participate in these discussions include members of the Council of Defense and Space Industry Associations (CODSIA). During these meetings, NASA often provides information on open FAR rules which are publicly accessible in the FAR Case Status Report at https://www.acq.osd.mil/dpap/dars/far_case_status.html, and may provide an update on companion NASA FAR Supplement (NFS) acquisition rules. Occasionally, while NFS or FAR rules are out for public comment, NASA will hold a public meeting to allow the public to provide feedback in an open forum. Information regarding a public meeting is typically provided within the rule document upon publication for comment.

NASA’s Acquisition also conveys policy changes through publications on the following websites:

Procurement Class Deviations at https://www.hq.nasa.gov/office/procurement/regs/pcd.pdf.

Procurement Notices at https://www.hq.nasa.gov/office/procurement/regs/pn.pdf.

Procurement Information Circulars at https://www.hq.nasa.gov/office/procurement/regs/pic.pdf.