COGR Submits Comments to NASA on T&C's Affecting Procurement

COGR submitted formal comments in response to NASA's proposed requirement for recipients of financial assistance awards to obtain quotations from small and/or minority businesses, women's business enterprises, or labor surplus area firms for acquisitions exceeding the simplified acquisition threshold. While COGR expresses strong support for President Biden’s Executive Order 13985 on advancing racial equity and inclusion, it opposes NASA’s proposed term on the grounds that it would introduce an additional, unique federal procurement step inconsistent with existing uniform regulations (2 CFR 200.321). COGR argues that this requirement would generate significant new administrative burdens for all institutions, particularly harming smaller and emerging research institutions, including HBCUs and MSIs, which lack the resources to readily absorb increased compliance obligations. COGR further contends that the proposed NASA condition would undermine both existing institutional efforts to support small and minority businesses and established state procurement policies, unnecessarily layering federal requirements atop current practices. The association warns that setting such a precedent could lead to fragmented and conflicting requirements across federal agencies, eroding the goal of regulatory uniformity. Ultimately, COGR requests that NASA reconsider and withdraw the proposed new term, asserting that it would not effectively advance the engagement of underserved business communities and would instead impede institutional efficiency and compliance.