Effective Date: April 22, 2019
Expiration Date: April 22, 2024
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5.1.1 MDAAs, the OSI Assistant Administrator, and CP managers shall ensure Dissenting Opinions are elevated through the Dissenting Opinion process described in this section in accordance with the following principles:
a. All participants within a CP will have full and open discussions with all facts made available to understand and assess issues.
b. Diverse views are fostered and respected in an environment of integrity and trust with no suppression or retribution.
5.1.2 Unresolved issues of any nature within a CP should be quickly elevated to achieve resolution at the appropriate level. In the teaming environment in which the CP operates, CP participants often have to determine where they stand on a decision. In assessing a decision or action, a CP participant has three choices: agree, disagree but be willing to fully support the decision, or disagree and raise a Dissenting Opinion. At the discretion of the dissenting person(s), a decision may be appealed to the next higher level of management for resolution.
5.1.3 When time permits, the disagreeing parties jointly document the issue, including agreed-upon facts, discussion of the differing positions with rationale and impacts and the parties’ recommendations. The joint documentation is approved by the representative of each view, concurred with by affected parties, and provided to the next-higher level of management with notification to the second-higher level of management. In cases of urgency, the disagreeing parties may jointly present the information stated above orally with all affected organizations represented, advance notification to the second-higher level of management, and documentation follow up.
5.1.4 Management’s decision/action on the dissent memorandum (or oral presentation) is documented and provided to the dissenter and to the notified managers and becomes part of retrievable MSC documentation. If the dissenter is not satisfied with the process or outcome, the dissenter may appeal to the next-higher level of management. The dissenter has the right to take the issue upward in the organization, even to the NASA Administrator if necessary.
5.2.1 NPR 1400.1 provides a process for tailoring requirements. The requirements in this NPR are minimized to allow flexibility for different CPs. However, if the need arises to tailor a requirement, a waiver is required from the requirements holder, OSI.
5.2.2 The person requesting a waiver from a requirement of this NPR shall:
a. Document the request including the rationale, a risk evaluation, and reference to all materials that provide the justification for acceptance.
b. Obtain concurrence from the CP manager and the sponsoring MDAA, and the CIO (if the CP is inherently information technology or if the waiver is for requirements covered in Section 220.127.116.11).
c. Submit the request to the OSI Assistant Administrator for approval and distribution in accordance with Table 5-1.
5.2.3 Appendix E provides a template for a waiver request.
5.2.4 The concurring and approving authorities shown in Table 5-1 shall adjudicate waivers from the requirements of this NPR.
Table 5-1 Waiver Approval for Capability Portfolios
|OSI Assistant Administrator||Approves|
|Center Directors and the JPL Lab Director||Concurs**|
|NASA Chief Engineer||Informed|
* The CIO concurs if the MSC has determined that the CP is inherently information technology or if the waiver is for requirements covered in Section 18.104.22.168.
** If the CP Manager and the OSI AA determine that the party is affected by the waiver.
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