PART 1812
ACQUISITION OF COMMERCIAL ITEMS
TABLE OF CONTENTS
SUBPART 1812.3 SOLICITATION PROVISIONS AND CONTRACT CLAUSES FOR
THE ACQUISITION OF COMMERCIAL ITEMS
1812.301 Solicitation
provisions and contract clauses for the acquisition of commercial items.
1812.302 Tailoring
of provisions and clauses for the acquisition of commercial items.
SUBPART 1812.4 UNIQUE REQUIREMENTS REGARDING TERMS AND
CONDITIONS FOR COMMERCIAL ITEMS
1812.404 Warranties.
SUBPART 1812.70 COMMERCIAL SPACE HARDWARE OR SERVICES
1812.7000 Prohibition
on guaranteed customer bases for new commercial space hardware or services.
PART 1812
ACQUISITION OF COMMERCIAL ITEMS
1812.301
Solicitation provisions and contract clauses for the acquisition of commercial
items.
(f)(i) The following clauses are authorized for use in
acquisitions of commercial items when required by the clause prescription:
(A) 1852.214-71, Grouping
for Aggregate Award.
(B) 1852.214-72, Full
Quantities.
(C) 1852.215-84, Ombudsman.
(D) 1852.219-75, Small
Business Subcontracting Reporting.
(E) 1852.219-76, NASA
8 Percent Goal.
(F) 1852.223-70,
Safety and Health.
(G) 1852.223-71,
Frequency Authorization.
(H) 1852.223-72,
Safety and Health (Short Form).
(I) 1852.223-73,
Safety and Health Plan.
(J) 1852.223-75,
Major Breach of Safety and Security.
(K) 1852.228-72,
Cross-Waiver of Liability for Space Shuttle Services.
(L) 1852.228-76,
Cross-Waiver of Liability for Space Station Activities.
(M) 1852.228-78,
Cross-Waiver of Liability for NASA Expendable Launch Vehicles.
(N) 1852.246-72,
Material Inspection and Receiving Report.
(ii) No other provisions and clauses prescribed in the NFS or center documents shall be used in acquisitions of commercial items, except as permitted by FAR 12.302.
1812.302
Tailoring of provisions and clauses for the acquisition of commercial items.
(c)
The Assistant Administrator for Procurement (Code HS) is the approval authority
for waivers. Requests shall be prepared and submitted in accordance with 1801.471.
Subpart 1812.4--Unique
Requirements Regarding Terms and
Conditions for Commercial Items
1812.404
Warranties.
(b)
In acquisitions under the Simplified Acquisition Threshold specified in FAR Part 13, no express warranty
should be required other than the offeror's commercial warranty.
1812.7000
Prohibition on guaranteed customer bases for new commercial space
hardware or services.
Public
Law 102-139, title III, Section 2459d, prohibits NASA from awarding a contract
with an expected duration of more than one year if the primary effect of the
contract is to provide a guaranteed customer base for, or establish an anchor
tenancy in, new commercial space hardware or services. Exception to this
prohibition may be authorized only by an appropriations Act specifically
providing otherwise.