83_FR_34961 83 FR 34820 - Federal Acquisition Regulations: Use of Acquisition 360 To Encourage Vendor Feedback

83 FR 34820 - Federal Acquisition Regulations: Use of Acquisition 360 To Encourage Vendor Feedback

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 83, Issue 141 (July 23, 2018)

Page Range34820-34822
FR Document2018-15355

DoD, GSA, and NASA are considering an amendment to the Federal Acquisition Regulation (FAR) to establish a standard survey for obtaining voluntary feedback from actual and potential offerors on Government contracts and solicitations. DoD, GSA, and NASA are seeking public input, particularly from Government contractors on the potential benefits and burdens of voluntary feedback surveys.

Federal Register, Volume 83 Issue 141 (Monday, July 23, 2018) 
[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)]
[Proposed Rules]
[Pages 34820-34822]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15355]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 5, 42, and 52

[FAR Case 2017-014; Docket No. 2017-0014; Sequence No. 1]
RIN 9000-AN43


Federal Acquisition Regulations: Use of Acquisition 360 To 
Encourage Vendor Feedback

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: DoD, GSA, and NASA are considering an amendment to the Federal 
Acquisition Regulation (FAR) to establish a standard survey for 
obtaining voluntary feedback from actual and potential offerors on 
Government contracts and solicitations. DoD, GSA, and NASA are seeking 
public input, particularly from Government contractors on the potential 
benefits and burdens of voluntary feedback surveys.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat Division at one of the addresses shown below on 
or before September 21, 2018 to be considered in the formulation of a 
proposed rule.

ADDRESSES: Submit comments identified by FAR Case 2017-014 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by entering ``FAR Case 
2017-014'' under the heading ``Enter Keyword or ID'' and selecting 
``Search''. Select the link ``Comment Now'' that corresponds with ``FAR 
Case 2017-014''. Follow the instructions provided on the screen. Please 
include your name, company name (if any), and ``FAR Case 2017-014'' on 
your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW, Second floor, ATTN: Lois 
Mandell, Washington, DC 20405.
    Instructions: Please submit comments only and cite ``FAR case 2017-
014'' in all correspondence related to this case. All comments received 
will be posted, without change, to http://www.regulations.gov, 
including any personal and/or business confidential information 
provided. To confirm receipt of your comment(s), please check http://www.regulations.gov, approximately two to three days after submission 
to verify posting (except allow 30 days for posting of comments 
submitted by mail).

FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement 
Analyst, at 202-501-1448 for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755. Please cite ``FAR case 2017-
014''.

SUPPLEMENTARY INFORMATION:

I. Background

    In 2015, the Office of Federal Procurement Policy (OFPP) issued 
guidance to test use of a standard survey that allowed offerors, 
whether or not they received award, to rate the agency's pre-award and 
debriefing processes for specific solicitations. See ``Acquisition 
360--Improving the Acquisition Process through Timely Feedback from 
External and Internal Stakeholders'' (March 2015) (available at: 
https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/procurement/memo/acquisition-360-improving-acquisition-process-timely-feedback-external-internal-stakeholders.pdf). Under the guidance, interested 
offerors were invited, at their discretion, to rate and provide 
comments regarding the issuance of solicitations covering a wide range 
of requirements, including information technology, medical equipment, 
and management support services. Survey questions asked for input 
regarding satisfaction with the pre-solicitation activities, 
solicitation documents, evaluation criteria, and the debriefing 
process. To view the online survey tool with the survey questions, go 
to https://www.acquisition.gov/360.
    Even though the data was limited in scope some trends did emerge. 
For example, contractors rated the robustness of agency debriefings 
with the lowest satisfaction scores in both iterations. This informed 
OFPP's education and outreach efforts and a memorandum, `` `Myth-
busting 3' Further Improving Industry Communication with Effective

[[Page 34821]]

Debriefings'', was ultimately issued in 2017.
    OFPP, DoD, GSA, and NASA believe that establishing a standard 
process in the FAR for obtaining voluntary feedback following a 
contract award will provide more meaningful insight on ways to 
strengthen the contracting process than can be derived by relying on ad 
hoc or periodic agency satisfaction surveys. Accordingly, language is 
being considered to encourage contracting officers, in accordance with 
agency policy, to invite interested sources--actual and potential 
offerors--to provide feedback on various aspects of the pre-award 
acquisition process and debriefings, with a particular emphasis on how 
information is communicated. Submissions are intended to be anonymous 
and for internal Government improvements only. Voluntary participation 
would not bestow respondents any direct benefits or protections in the 
acquisition process or any subsequent protests. In addition, OFPP, DoD, 
GSA, and NASA are considering language that would encourage Government 
acquisition officials to elicit feedback from their contractors on the 
agency's performance of its contract administration responsibilities.

II. Request for Public Comments

    The FAR Council welcomes input on any matters related to vendor 
feedback, including specific examples of industry standards, 
alternative regulatory approaches, and legal definitions that work well 
in other areas. The Council also invites comment on the overall cost of 
complying with the Council's existing regulations and any specific 
regulatory requirements that are particularly burdensome. The specific 
survey questions to be used in conjunction with a rulemaking are posted 
on https://www.acquisition.gov/360.
    Respondents are encouraged to offer their feedback on the above 
language--as well as the underlying survey questions--in addition to 
the following additional questions:
    (1) What are the benefits to industry in providing actual and 
potential offerors with increased opportunity to submit feedback on how 
well the Government is performing its pre- and post-award activities? 
What are the benefits to the Government?
    (2) Is the approach discussed in this advance notice of proposed 
rulemaking the most effective way to elicit feedback about the 
Government's pre-award activities? If not, how might effectiveness be 
improved? What is the best way the Government can obtain honest and 
open feedback on the contract administration process?
    (3) Approximately, how long would you estimate it will take to 
complete the survey at https://www.acquisition.gov/360? What is a 
reasonable estimate of an organization's costs to complete the survey 
and what are the elements of this cost (e.g., personnel involved and 
time to complete)?
    (4) How would you quantify or otherwise describe the benefits or 
burdens of this type of feedback mechanism to actual and potential 
offerors?
    (5) Should any of the information provided by industry be available 
for industry review? How should the FAR Council work proactively with 
industry to consider changes based on any data submitted?
    (6) Is there different information which should be collected on the 
survey based on the type of company or the type of acquisition?
    (7) Would you view the voluntary opportunity to provide input as 
burden? If so, are there modifications which would decrease the burden 
associated with the Government collecting this information?
    (8) Would you be more likely to complete the survey if it were 
available as a hyperlinked button within each solicitation page of 
https://www.fedbizopps.gov?
    (9) What measures would help assure you that answers would remain 
anonymous? For example: Should the solicitation number itself and/or 
the specific Product Service Code (PSC) be stripped from the data 
agencies review? Should there be a time delay in agencies receiving 
survey responses? Should the Government discard survey submissions when 
two or fewer responses are received for a solicitation or would you 
prefer that the Government reviews data from all responses?
    (10) What recommendations would you advise to ensure data quality? 
Similar to the example above, should the Government discard survey 
submissions when a minimal number are received for a particular 
solicitation or contracting office or would you view this effort more 
as a forum to provide comments?
    This advance notice of proposed rulemaking was determined to be 
significant for the purposes of E.O. 12866.

List of Subjects in 48 CFR Parts 5, 42, and 52

    Government procurement.

    Dated: July 13, 2018.
Cecelia Davis,
Acting Director, Office of Government-wide Acquisition Policy, Office 
of Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA are proposing to amend 48 CFR parts 
5, 42, and 52 to read as follows:

0
1. The authority citation for 48 CFR parts 5, 42, and 52 continues to 
read as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

PART 5--PUBLICIZING CONTRACT ACTIONS

0
2. Add section 5.407 to read as follows:


5.407  Feedback on the Pre-Award Process and Debriefings

    (a) Agencies are encouraged to seek regular voluntary feedback from 
interested sources that participate in an agency's acquisitions to 
understand strengths and weaknesses in how information is communicated, 
how acquisition techniques and methodologies were executed, and 
consider this feedback, as appropriate, to improve the effectiveness 
and efficiency of the acquisition process.
    (b) The contracting officer should insert the provision 52.XXX-XX, 
Acquisition 360: Voluntary Survey, in accordance with agency 
procedures.

PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES

0
3. Add section 42.1401 to read as follows:


42.1401  Policy.

    (a) Agencies are encouraged to seek regular and voluntary feedback 
from their contractors on the agency's performance of its contract 
administration responsibilities.
    (b) Feedback might be sought on matters such as the contractor's 
evaluation of the agency in terms of--
    (1) Adherence to contract terms, including the administrative 
aspects of performance;
    (2) Reasonable and cooperative behavior in responding to contractor 
communications and addressing contractor requests; and
    (3) Business-like concern for the interest of the contractor.
    (c) Agencies should consider this feedback, as appropriate, to 
better understand strengths and weaknesses and improve the 
effectiveness and efficiency of their contract administration 
activities.

[[Page 34822]]

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
4. Add section 52.XXX-XX to read as follows:


52.XXX-XX  Acquisition 360: Voluntary Survey

    As prescribed in 5.407(b), insert the following provision:

Acquisition 360: Voluntary Survey (DATE)

    (a) All actual or prospective offerors are encouraged to provide 
feedback on the pre-award process, including debriefings. Feedback 
may be made anonymously by going to https://www.acquisition.gov/360.
    (b) None of the information provided will be reviewed until 
after contract award and will not be considered in nor impact source 
selection in any way.


(End of provision)

[FR Doc. 2018-15355 Filed 7-20-18; 8:45 am]
BILLING CODE 6820-14-P

34820 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules B. What should I consider as I prepare Dated: July 9, 2018. Second floor, ATTN: Lois Mandell, my comments for EPA? Jeffery T. Morris, Washington, DC 20405. Director, Office of Pollution Prevention and Instructions: Please submit comments 1. Submitting CBI. Do not submit this Toxics. only and cite ‘‘FAR case 2017–014’’ in information to EPA through [FR Doc. 2018–15714 Filed 7–20–18; 8:45 am] all correspondence related to this case. regulations.gov or email. Clearly mark BILLING CODE 6560–50–P All comments received will be posted, the part or all of the information that without change, to http:// you claim to be CBI. For CBI www.regulations.gov, including any information in a disk or CD–ROM that personal and/or business confidential DEPARTMENT OF DEFENSE you mail to EPA, mark the outside of the information provided. To confirm disk or CD–ROM as CBI and then GENERAL SERVICES receipt of your comment(s), please identify electronically within the disk or ADMINISTRATION check http://www.regulations.gov, CD–ROM the specific information that approximately two to three days after is claimed as CBI. In addition to one NATIONAL AERONAUTICS AND submission to verify posting (except complete version of the comment that SPACE ADMINISTRATION allow 30 days for posting of comments includes information claimed as CBI, a submitted by mail). copy of the comment that does not 48 CFR Parts 5, 42, and 52 FOR FURTHER INFORMATION CONTACT: Mr. contain the information claimed as CBI Curtis E. Glover, Sr., Procurement [FAR Case 2017–014; Docket No. 2017– must be submitted for inclusion in the Analyst, at 202–501–1448 for 0014; Sequence No. 1] public docket. Information so marked clarification of content. For information will not be disclosed except in RIN 9000–AN43 pertaining to status or publication accordance with procedures set forth in schedules, contact the Regulatory 40 CFR part 2. Federal Acquisition Regulations: Use Secretariat Division at 202–501–4755. of Acquisition 360 To Encourage Please cite ‘‘FAR case 2017–014’’. 2. Tips for preparing your comments. Vendor Feedback When preparing and submitting your SUPPLEMENTARY INFORMATION: comments, see the commenting tips at AGENCY: Department of Defense (DoD), General Services Administration (GSA), I. Background http://www.epa.gov/dockets/ comments.html. and National Aeronautics and Space In 2015, the Office of Federal Administration (NASA). Procurement Policy (OFPP) issued II. What action is the agency taking? guidance to test use of a standard survey ACTION: Advance notice of proposed On February 8, 2018 (83 FR 5598) rulemaking. that allowed offerors, whether or not (FRL–9973–02), document, EPA they received award, to rate the agency’s SUMMARY: DoD, GSA, and NASA are pre-award and debriefing processes for proposed to amend the SNUR under considering an amendment to the section 5(a)(2) of TSCA) for oxazolidine, specific solicitations. See ‘‘Acquisition Federal Acquisition Regulation (FAR) to 360—Improving the Acquisition Process 3,3′-methylenebis [5-methyl- (40 CFR establish a standard survey for obtaining through Timely Feedback from External 721.10461), which was the subject of a voluntary feedback from actual and and Internal Stakeholders’’ (March premanufacture notice (PMN) and a potential offerors on Government 2015) (available at: https:// significant new use notice (SNUN). The contracts and solicitations. DoD, GSA, www.whitehouse.gov/sites/ proposal would amend the SNUR to and NASA are seeking public input, whitehouse.gov/files/omb/procurement/ allow certain new uses reported in the particularly from Government memo/acquisition-360-improving- SNUN without requiring additional contractors on the potential benefits and acquisition-process-timely-feedback- SNUNs and make the lack of certain burdens of voluntary feedback surveys. external-internal-stakeholders.pdf). worker protections a new use. DATES: Interested parties should submit Under the guidance, interested offerors In response to public comments on written comments to the Regulatory were invited, at their discretion, to rate the proposed SNUR, EPA has added Secretariat Division at one of the and provide comments regarding the additional information to the docket addresses shown below on or before issuance of solicitations covering a wide that further explains EPA’s risk September 21, 2018 to be considered in range of requirements, including assessment and includes additional data the formulation of a proposed rule. information technology, medical used in the assessment. EPA is hereby ADDRESSES: Submit comments equipment, and management support reopening the comment period for 30 identified by FAR Case 2017–014 by any services. Survey questions asked for days to allow interested parties to of the following methods: input regarding satisfaction with the consider the data and submit any • Regulations.gov: http:// pre-solicitation activities, solicitation additional comments. www.regulations.gov. Submit comments documents, evaluation criteria, and the via the Federal eRulemaking portal by debriefing process. To view the online To submit comments, or access the entering ‘‘FAR Case 2017–014’’ under survey tool with the survey questions, docket, please follow the detailed the heading ‘‘Enter Keyword or ID’’ and go to https://www.acquisition.gov/360. instructions provided under ADDRESSES. selecting ‘‘Search’’. Select the link Even though the data was limited in If you have questions, consult the ‘‘Comment Now’’ that corresponds with scope some trends did emerge. For amozie on DSK3GDR082PROD with PROPOSALS1 technical person listed under FOR ‘‘FAR Case 2017–014’’. Follow the example, contractors rated the FURTHER INFORMATION CONTACT. instructions provided on the screen. robustness of agency debriefings with List of Subjects in 40 CFR Part 721 Please include your name, company the lowest satisfaction scores in both name (if any), and ‘‘FAR Case 2017– iterations. This informed OFPP’s Environmental protection, Chemicals, 014’’ on your attached document. education and outreach efforts and a Hazardous substances, Reporting and • Mail: General Services memorandum, ‘‘ ‘Myth-busting 3’ recordkeeping requirements. Administration, Regulatory Secretariat Further Improving Industry Division (MVCB), 1800 F Street NW, Communication with Effective VerDate Sep<11>2014 16:31 Jul 20, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\23JYP1.SGM 23JYP1

Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules 34821 Debriefings’’, was ultimately issued in honest and open feedback on the Dated: July 13, 2018. 2017. contract administration process? Cecelia Davis, OFPP, DoD, GSA, and NASA believe (3) Approximately, how long would Acting Director, Office of Government-wide that establishing a standard process in you estimate it will take to complete the Acquisition Policy, Office of Acquisition the FAR for obtaining voluntary survey at https://www.acquisition.gov/ Policy, Office of Government-wide Policy. feedback following a contract award 360? What is a reasonable estimate of an Therefore, DoD, GSA, and NASA are will provide more meaningful insight on organization’s costs to complete the proposing to amend 48 CFR parts 5, 42, ways to strengthen the contracting survey and what are the elements of this and 52 to read as follows: process than can be derived by relying cost (e.g., personnel involved and time ■ 1. The authority citation for 48 CFR on ad hoc or periodic agency to complete)? parts 5, 42, and 52 continues to read as satisfaction surveys. Accordingly, (4) How would you quantify or follows: language is being considered to otherwise describe the benefits or encourage contracting officers, in Authority: 40 U.S.C. 121(c); 10 U.S.C. burdens of this type of feedback chapter 137; and 51 U.S.C. 20113. accordance with agency policy, to invite mechanism to actual and potential interested sources—actual and potential offerors? PART 5—PUBLICIZING CONTRACT offerors—to provide feedback on various (5) Should any of the information ACTIONS aspects of the pre-award acquisition process and debriefings, with a provided by industry be available for ■ 2. Add section 5.407 to read as particular emphasis on how information industry review? How should the FAR follows: is communicated. Submissions are Council work proactively with industry intended to be anonymous and for to consider changes based on any data 5.407 Feedback on the Pre-Award Process internal Government improvements submitted? and Debriefings only. Voluntary participation would not (6) Is there different information (a) Agencies are encouraged to seek bestow respondents any direct benefits which should be collected on the survey regular voluntary feedback from or protections in the acquisition process based on the type of company or the interested sources that participate in an or any subsequent protests. In addition, type of acquisition? agency’s acquisitions to understand OFPP, DoD, GSA, and NASA are (7) Would you view the voluntary strengths and weaknesses in how considering language that would opportunity to provide input as burden? information is communicated, how encourage Government acquisition If so, are there modifications which acquisition techniques and officials to elicit feedback from their would decrease the burden associated methodologies were executed, and contractors on the agency’s performance with the Government collecting this consider this feedback, as appropriate, of its contract administration information? to improve the effectiveness and responsibilities. efficiency of the acquisition process. (8) Would you be more likely to (b) The contracting officer should II. Request for Public Comments complete the survey if it were available insert the provision 52.XXX–XX, as a hyperlinked button within each The FAR Council welcomes input on Acquisition 360: Voluntary Survey, in solicitation page of https:// any matters related to vendor feedback, accordance with agency procedures. www.fedbizopps.gov? including specific examples of industry standards, alternative regulatory (9) What measures would help assure PART 42—CONTRACT approaches, and legal definitions that you that answers would remain ADMINISTRATION AND AUDIT work well in other areas. The Council anonymous? For example: Should the SERVICES also invites comment on the overall cost solicitation number itself and/or the specific Product Service Code (PSC) be ■ 3. Add section 42.1401 to read as of complying with the Council’s existing follows: regulations and any specific regulatory stripped from the data agencies review? requirements that are particularly Should there be a time delay in agencies 42.1401 Policy. burdensome. The specific survey receiving survey responses? Should the (a) Agencies are encouraged to seek questions to be used in conjunction Government discard survey submissions regular and voluntary feedback from with a rulemaking are posted on https:// when two or fewer responses are their contractors on the agency’s www.acquisition.gov/360. received for a solicitation or would you performance of its contract prefer that the Government reviews data Respondents are encouraged to offer administration responsibilities. from all responses? their feedback on the above language— (b) Feedback might be sought on as well as the underlying survey (10) What recommendations would matters such as the contractor’s questions—in addition to the following you advise to ensure data quality? evaluation of the agency in terms of— additional questions: Similar to the example above, should (1) Adherence to contract terms, (1) What are the benefits to industry the Government discard survey including the administrative aspects of in providing actual and potential submissions when a minimal number performance; offerors with increased opportunity to are received for a particular solicitation (2) Reasonable and cooperative submit feedback on how well the or contracting office or would you view behavior in responding to contractor Government is performing its pre- and this effort more as a forum to provide communications and addressing post-award activities? What are the comments? contractor requests; and amozie on DSK3GDR082PROD with PROPOSALS1 benefits to the Government? This advance notice of proposed (3) Business-like concern for the (2) Is the approach discussed in this rulemaking was determined to be interest of the contractor. advance notice of proposed rulemaking significant for the purposes of E.O. (c) Agencies should consider this the most effective way to elicit feedback 12866. feedback, as appropriate, to better about the Government’s pre-award List of Subjects in 48 CFR Parts 5, 42, understand strengths and weaknesses activities? If not, how might and 52 and improve the effectiveness and effectiveness be improved? What is the efficiency of their contract best way the Government can obtain Government procurement. administration activities. VerDate Sep<11>2014 16:31 Jul 20, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\23JYP1.SGM 23JYP1

34822 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules PART 52—SOLICITATION PROVISIONS Acquisition 360: Voluntary Survey (DATE) (End of provision) AND CONTRACT CLAUSES (a) All actual or prospective offerors are [FR Doc. 2018–15355 Filed 7–20–18; 8:45 am] encouraged to provide feedback on the pre- BILLING CODE 6820–14–P ■ 4. Add section 52.XXX–XX to read as award process, including debriefings. follows: Feedback may be made anonymously by going to https://www.acquisition.gov/360. 52.XXX–XX Acquisition 360: Voluntary (b) None of the information provided will Survey be reviewed until after contract award and As prescribed in 5.407(b), insert the will not be considered in nor impact source following provision: selection in any way. amozie on DSK3GDR082PROD with PROPOSALS1 VerDate Sep<11>2014 16:31 Jul 20, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4702 Sfmt 9990 E:\FR\FM\23JYP1.SGM 23JYP1


Document Created: 2018-07-21 00:49:21
Document Modified: 2018-07-21 00:49:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAdvance notice of proposed rulemaking.
DatesInterested parties should submit written comments to the
ContactMr. Curtis E. Glover, Sr., Procurement Analyst, at 202-501-1448 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite ``FAR case 2017- 014''.
FR Citation83 FR 34820 
RIN Number9000-AN43
CFR Citation48 CFR 42
48 CFR 52
48 CFR 5
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