PART 1813
SIMPLIFIED
ACQUISITION PROCEDURES
1813.000 Scope of part.
1813.003 Policy.
SUBPART 1813.1 PROCEDURES
1813.106 Soliciting
competition, evaluation of quotations or offers, and documentation.
1813.106-3 Award and
documentation.
1813.301-70 Purchase card
program participants and roles.
1813.301-71 Training
requirements.
1813.301-72 Requesting an
approving official or cardholder account.
1813.301-73 Delegation
of authority.
1813.301-74 Safeguarding the purchase card
and convenience checks.
1813.301-75 Required file
documentation.
1813.301-76 Prohibited
transactions.
1813.301-77 Strategic sourcing and
consolidating requirements.
1813.301-78 Priorities for use of
Government supply sources.
1813.301-79 Supporting Federal
policies, regulations, and NASA procedural requirements.
1813.301- 80 Verification of
receipt and equipment tracking.
1813.301-82 Convenience
checks.
1813.301-83 Purchase card
internal controls.
1813.302 Purchase
orders.
1813.302-1 General.
1813.302-570 NASA solicitation
provisions.
1813.302-70 Purchase orders
under section 8(a) of the Small Business Act.
1813.303 Blanket Purchase
Agreements (BPAs).
1813.303-3 Preparation of
BPAs.
1813.307 Forms.
PART 1813
SIMPLIFIED ACQUISITION PROCEDURES
FAR Part 13 and 1813 do not apply to NASA Research Announcements (NRA) and Announcements of Opportunity (AO). These acquisitions shall be conducted in accordance with the procedures in 1835.016-71 and 1872, respectively. However, awards resulting from NRAs or AOs that are to be made as procurement instruments, can be made as either a contract or a purchase order. When a purchase order is used, it must not exceed the simplified acquisition threshold and must include the appropriate clauses pertaining to data rights, key personnel requirements, and any other requirements determined necessary by the contracting officer. Contracting officers must determine whether obtaining the contractor's acceptance of the order is necessary (see FAR 13.302-3(a)).
(g) Acquisitions under these simplified acquisition procedures shall be fixed-price, except as provided under the unpriced purchase order method in FAR 13.302-2.
1813.106 Soliciting competition, evaluation of quotations or offers, award and documentation.
1813.106-3 Award and documentation.
(b)(3)(ii) For purchases up to $50,000, documentation shall be limited to a brief notation in the file indicating the rationale for selecting other than the lowest priced offer.
1813.301 Governmentwide commercial
purchase card.
(a) The Governmentwide commercial purchase card is the preferred
method of ordering and paying for micro-purchases. Purchase cards shall be used for
micro-purchases, for eligible purchases, to the maximum extent
practicable. (See FAR Part 2 for the
current micro-purchase threshold.)
(b) (1) For purchases above the
micro-purchase threshold, purchase cards may be used by cardholders, with the
appropriate delegation of procurement authority, to make payments against
contracts, purchase orders, or orders under blanket purchasing agreements
(BPA). (See 1813.303-3(a)(4) for guidance on
the use of purchase card for placing individual orders under blanket purchase
agreements.) Purchase cards may be used
as a payment mechanism up to the simplified acquisition threshold on
established orders or contracts.
(2) Use of the
purchase card on orders above the micro-purchase threshold does not relieve the
cardholder from complying with all
applicable statutory and regulatory requirements, including, but not limited
to, soliciting competitive quotations,
verifying price reasonableness, reserving for small businesses, and reporting to the Federal
Procurement Data System (FPDS).
(3) This policy establishes the
minimum requirements for issuing, using, and internal controls on the use of
purchase card and convenience checks.
Center procurement officers may supplement these requirements when necessary to meet center-specific
requirements.
1813.301-70
Purchase card program participants and roles.
(a)
NPD 9070.2, Government Charge Cards, establishes internal controls for the
management, use, and continuous evaluation of all charge cards, including air,
fleet, travel, and purchase card. The
NPD identifies the responsibilities of NASA organizations and staff involved in
charge card use and management. The key
officials and offices responsible for purchase card management are addressed
below.
(b)
The HQ Office of Procurement establishes policy for the use of purchase
cards and the internal controls for the purchase card program.
(c)
Agency Program Coordinator (APC).
The APC is a Government employee, located at the NASA Shared Service
Center (NSSC), who manages the purchase card program, oversees and provides
operational support to the Center/Agency Program Coordinators (CAPC) as well as
interfaces with the GSA Office of Charge Card Management and the contractor
bank.
(d)
Center/Agency Program Coordinators (CAPC). Each center shall have a CAPC who is a
Government employee appointed by the center procurement officer. The CAPC is responsible for overall
management of the center’s purchase card program. The CAPC is the liaison
between the NASA Center, the bank contractor, and the APC. CAPCs are responsible for:
(1)
Managing and overseeing their center’s purchase card program;
(2)
Providing operational support to cardholders and approving officials;
(3)
Conducting and documenting reviews of cardholder and approving official
activity as required by NASA's Purchase Card Internal Review Guide for CAPCs;
(4)
Managing cardholder and approving official accounts and authorization
controls;
(5)
Ensuring that cardholders and approving officials are fully trained and
refresher requirements are met;
(6) Issuing, suspending or canceling cards;
and
(7) Maintaining a central record
of all purchase card delegations/accounts and their status: active, suspended,
or terminated. For terminated
delegations, the central record shall specify the reason for termination, e.g.,
for cause, employee left NASA, transfer to another center, etc.
(e) The
approving official. The approving
official shall be a Government employee.
Approving officials are responsible for:
(1) Ensuring that cardholders
safeguard their cards and account numbers;
(2) Conducting independent reviews of cardholder records and
transactions to ensure purchases are appropriate, authorized, for Government
use only, and within the cardholder’s delegated authority;
(3) Reviewing their cardholders’ monthly
transactions and approving them for payment;
(4) Ensuring cardholder records are
well-documented and properly maintained;
(5) Taking disciplinary action against
cardholders in accordance with the NASA Desk Guide for Table of Disciplinary
Offenses, when appropriate;
(6) Ensuring all cardholder charges are either
reconciled and approved in P-Card Web Solutions or disputed within 90 days;
(7) Reporting suspected misuse, fraudulent or
potentially fraudulent activity, to the CAPC and center Acquisition Integrity
Program official;
(8)
Notifying the CAPC when the approving official, personally, or a
cardholder, will be on extended leave, has transferred to another organization,
is leaving NASA, or will no longer be an approving official or cardholder.
(f) Every purchase cardholder shall have an
approving official. The approving
official shall be the cardholder’s supervisor. In no instances may a cardholder
be the approving official on his or her own card transactions. Approving officials
shall not have more than six cardholders reporting to them, unless a waiver has
been approved by the center procurement officer. Approving officials must have
direct knowledge of their cardholder’s transactions and the ability to verify
receipt of the purchases made by his or her cardholders
(g) Alternate approving officials shall be
appointed to approve purchases when the primary approving official is
unavailable, such as when on leave or travel.
The CAPC may approve cardholders’ transactions on behalf of an approving
official, in order to meet reconciliation deadlines, so that prompt payment may
be made. In these cases, the CAPC shall
document the reason for
approving on behalf of the approving official. The CAPC shall document the transactions approved
and provide a copy of this documentation to the approving official. CAPC approval of transactions shall only be
used as a last resort, on a temporary basis.
The cardholder/approving official’s management is
responsible for ensuring approving officials are available to review and approve
cardholder transactions within their organizations.
(h) Cardholders.
Cardholders must be Government employees. Cardholders are responsible for using their
cards ethically and in accordance with Federal and NASA policy and regulation
for purchases in support of NASA mission requirements or institutional
operations. Cardholders shall:
(1) Safeguard the card and card number;
(2) Create an order log
within P-Card Web Solution prior to ordering;
(3) Comply with all dollar limits on purchases,
both single and monthly;
(4) Use the card only to make informed buys of
approved supplies and services;
(5) Maintain all
necessary documentation to support their purchase decision;
(6) Reconcile or dispute transactions promptly;
(7) Promptly notify the CAPC when they will be
leaving their organization, leaving NASA, on extended leave, or no longer using the card;
(8) Promptly report lost or stolen cards to the
contractor bank and CAPC; and
(9) Report suspected misuse or fraudulent
activity to the CAPC and center Acquisition Integrity Program official;
1813.301-71 Training requirements.
(a) To obtain an approving official or cardholder
account, employees,
including warranted contracting officers, shall complete the on-line NASA
Purchase Card Training Course and the NEACC1035 Bankcard Purchases and Desktop
Receiving Course, available in SATERN.
To maintain their accounts, cardholders and approving officials shall
complete the NASA Purchase Card Training Course every three years after
completing the initial course.
(b)
Employees applying for approving official or cardholder accounts must
have completed the required purchase card training within the previous twelve
months, if they have not been an approving official or cardholder within that
time period.
(c)
Failure to complete the required refresher training in a timely manner
will result in suspension of cardholder or approving official accounts. When an approving official account is
suspended, any cardholder accounts under that approving official will also be
suspended, unless there is an alternate approving official is available.
(d)
Except as provided in the NASA Procurement Career Development and Training
Policy, cardholders with procurement authority over the micro-purchase
threshold must be warranted contracting officers. See the Policy for exceptions concerning BPA
call ordering officers and cardholders with authority limited to procuring emergency
goods and services. This policy may be
viewed or downloaded from the NASA Procurement Library at http://prod.nais.nasa.gov/portals/pl/index.html.
(e) For
the latest information on the NASA purchase card program, CAPCs, cardholders,
and approving officials are encouraged to visit the NASA Purchase Card web site
at https://www.nssc.nasa.gov/portal/site/customerservice/menuitem.32979cf15b1a4060e736da100788576c/
1813.301-72.
Requesting an approving official or cardholder account.
(a) Requests for new
cardholders or approving official accounts shall be submitted to the CAPC from
the proposed cardholder or approving official’s supervisor. The CAPC will review the account request and,
if the required documentation is complete, the CAPC will recommend to the
center procurement officer or deputy procurement officer that a delegation of
authority be issued.
(b) The following information/documentation is
required before an account may be opened:
(1) Nominee(s)’ name(s) and organization;
(2)
Certification that the nominee has completed the required training, understands
the regulations and procedures, and knows the consequences of inappropriate
actions;
(3)
The requested single purchase limit and monthly spending limit;
(4)
A justification for waiver of the required ratio, if proposing to exceed the
6:1 ratio of cardholders to approving officials; and
(5)
Identification of whether the cardholder will have continuity of operation
(COOP) or emergency response responsibilities.
(c)
Individuals shall not be delegated single purchase authority over the
micro-purchase threshold unless they are warranted contracting officers,
blanket purchase agreement (BPA) call ordering officers, or responsible for
continuity of operation (COOP) or emergency response activities.
(d) The total number of cardholders within
an organization shall be limited to ensure that appropriate oversight is
maintained to avoid card misuse. The
ratio of cardholders to approving officials within an organization shall be no
more than 6:1 unless waived by the procurement officer. A request to waive the 6:1 ratio must be
submitted in writing and include: the
name of approving official, list cardholders proposed to be assigned to that
approving official, and a rationale for why the waiver should be granted. The number of cardholders assigned to an
approving official should be reasonable, considering the volume of cardholder
activity and the organizational structure.
The request will be considered in light of the following: proposed cardholder to approving official
ratio; volume of usage of all cards assigned to that approving official; review
of the approving official and cardholders’ record of reconciliation timeliness,
CAPC audit records, and physical location(s) of cardholders and approving official.
1813.301-73 Delegation of authority.
The procurement officer or deputy procurement officer shall delegate cardholder or
approving official authority only to qualified Government employees. The delegation shall be in writing, specifying
the duties and responsibilities of the cardholder or approving official. For
cardholders, the delegation shall specify the single purchase limit, monthly
spending limit, and the name of the cardholder’s approving official. Cardholders and approving officials within
the procurement organization, even those who already have contracting officer
warrants, shall be issued a separate delegation for their cardholder or
approving official authority.
1813.301-74 Safeguarding the purchase
card
The purchase card
is issued to specific individuals for their official use. The employee, whose name is embossed on the
card, is the custodian and sole authorized user. Cardholders shall not allow anyone else to
use their cards, or account number. It
is the cardholder’s responsibility to safeguard the purchase card and account
number at all times. When not in use,
the card shall be kept in a safe, locked drawer, or other adequate facility for
securing the card.
1813.301-75 Required file documentation.
(a)
Cardholders shall create an order log in the NASA on-line P-Card Web
Solution system to record their orders and ensure that adequate funds are
available before ordering. The system
order log records the funding information so that funding necessary for
completion of the purchase can be committed. Cardholders shall use the
order log to record information regarding the items ordered, such as a
description, quantity, unit price and total value.
(b) In
addition to the information entered in the order log, other supporting
documentation, such as receipts, order confirmations, vendor invoices (if
provided), necessary expense justifications, or documentation of any problems,
disputes, or unusual circumstances surrounding an order shall be kept in the purchase
card files. Purchase card files must be
kept current and be readily available for examination. Purchase card files belong to the
cardholder’s organization and must be maintained by that organization after the
cardholder or approving official leaves.
The order log and supporting documentation is subject to audit by the
NASA officials designated in NPR 9070.2 as well as the Government
Accountability Office and other external organizations.
(c) Purchase card files are official Agency
records and shall comply with Agency and Federal record keeping
requirements. (See NPR 1441.1 National
Records Management Program and FAR 4.805(b) for applicable guidance.)
1813.301-76 Prohibited
transactions. All Agency
cardholders are prohibited from using the card for:
(a)
Cash advances;
(b)
Prepaid gift or cash cards;
(c)
Individual travel-related expenses, such as per diem, lodging, and
transportation; or
(d)
Gasoline, oil, or similar items for Government-owned fleet vehicles.
1813.301-77 Planning to avoid splitting
orders and strategic sourcing.
(a) To the maximum extent possible,
cardholders shall plan their orders to combine requirements in order to qualify
for volume discounts and to realize administrative savings. Cardholders shall not split known
requirements to circumvent single purchase limits or to avoid procurement
regulations, such as the Davis-Bacon Act, the Service Contract Act, or
competition thresholds. It is improper
for cardholders or approving officials to take large requirements that are
clearly known in advance and break them into smaller requirements to be
acquired over time through a series of purchase card orders either by a single
cardholder or a number of cardholders.
(b)
Office of Management and Budget Circular A-123, Appendix B requires each
agency to use strategic sourcing to the maximum extent. Cardholders shall support Agency and center
strategic sourcing initiatives when placing purchases.
1813.301-78 Priorities for use
of mandatory Government sources. FAR Part 8.002 lists priorities for use of
Government supply sources. Cardholders
shall satisfy requirements for supplies and services from the following sources, listed below in
descending order of priority, before ordering from a commercial vendor:
(a) In accordance with NPR 4200.1, Equipment
Management, cardholders are responsible for determining, with assistance from
the local Personal Property Disposal Officer, whether equipment is available
from Agency inventory or excess from other agencies before purchasing new
items.
(b) Federal Prison Industries, Inc., also referred to as UNICOR, is not mandatory
for orders of $3,000 or less. See FAR Subpart 8.6 concerning orders over
$3,000.
(c) Products available from Ability One and National
Industries for the Blind (NIB) found on the Internet at www.abilityone.com.
1813.301-79 Supporting Federal
policies, regulations, and NASA procedural requirements. Cardholders are responsible for compliance
with Federal policies, regulations, and NASA procedural requirements when
placing orders, by following the procedures listed below.
(a) Obtain Special Approvals. There are a variety of Federal regulations and
NASA Procedural Requirements (see PIC 10-14) that require the cardholder to
obtain special approvals before placing an order for certain items. These
approvals shall be documented in the cardholder’s files. Acceptable documentation includes purchase
requests, e-mails, or blanket authorizations from cognizant
officials, such as the Office of General Counsel.
(b) Place Orders with Responsible
Businesses. Contractors debarred, suspended, or proposed for debarment are excluded
from receiving orders. Cardholders shall review the Excluded Parties List System at http://epls.arnet.gov to ensure that no award is made to a listed contractor. While use of
electronic commerce is strongly encouraged, cardholders shall ensure all
on-line purchases are made only through secure web sites of responsible
businesses.
(c) Distribute Purchases Equitably. FAR 13.202(a)(1)
states, to the extent practicable, cardholders shall distribute purchases
equitably among qualified sources. This
does not apply to orders placed with required sources, e.g., AbilityOne.
(d)
Use Small Businesses. Cardholders
are encouraged to order from small businesses whenever possible.
(e) Comply with Section 508 of
the Rehabilitation Act. Section 508 of the Rehabilitation Act (29 U.S.C. 749d) was
enacted to ensure that Federal employees and members of the public with
disabilities have access to the Federal Government's Electronic &
Information Technology. Purchase card orders for electronic and
information technology items must comply with the requirements of Section
508. For more information about Section 508 requirements, see Procurement
Information Circular 05-01.
(f) Purchase sustainable
products. As required by FAR Part
23 and NPR 8530.1, cardholders shall purchase environmentally preferable products which are energy-efficient, biobased, or
contain recovered materials unless the product cannot be acquired—
(i) Within a
reasonable time frame;
(ii) Meeting reasonable performance standards;
or
If the cost of the
item is above the micro-purchase threshold, the cardholder must have a waiver
from the facility environmental manager before placing the order. See NPR 8530.1 concerning the waiver process. If the cost of the item is below the
micro-purchase threshold, the cardholder shall note in the order log the reason
an environmentally preferable product was not purchased. The Environmental Protection Agency’s Comprehensive
Procurement Guideline (CPG) lists products containing recovered materials
at http://www.epa.gov/wastes/conserve/tools/cpg/products/index.htm A searchable database of United Stated Department
of Agriculture-designated biobased products is
available at http://www.catalog.biopreferred.gov/bioPreferredCatalog/faces/jsp/catalogLanding.jsp
. For a list of ENERGY
STAR® qualified products, see http://www.energystar.gov/products.
(g)
Enforce tax exempt status.
Cardholders shall remind vendors that orders are for the U.S. Government
and are tax exempt. If a vendor insists on charging tax, the cardholder should
not place the order unless there is no alternative. If taxes are paid, the cardholder shall enter
this as a separate line item within the purchase order log and explain why
taxes were paid in the “comments” section.
1813.301- 80
Verification of receipt and equipment tracking.
(a)
For all items over $500, cardholders shall obtain 3rd party (other than
the cardholder or the approving official) independent verification that the
item ordered has been received. This may
be accomplished in a variety of ways, including, but not limited to, having the
recipient of the item verify receipt with a signature or initials on the sales
invoice, packing slip, bill of lading, or any other shipping or receiving
document, or an e-mail from the receipt verifying delivery; having the property
official tag the item, etc. Verification
of receipt shall be documented in the cardholder’s records.
(b) Cardholders are
responsible for coordinating with their organization’s property official to
ensure that any accountable, sensitive personal, or hazardous property the
cardholder orders is correctly received, tagged, recorded, and brought under
control. All cardholders and approving
officials shall ensure purchases made with the card comply with NPR 4200.1,
Equipment Management, and any local property requirements.
1813.301-81 The
Reconciliation and dispute process.
(a)
NPR 9631.1, Appendix B, lists the responsibilities of the cardholder and
the approving official in the reconciliation of purchase card
transactions. These steps shall be
followed to ensure proper payment is made for appropriate transactions. Cardholders are responsible for disputing any
improper charges.
(b)
Typically, disputes occur because the order was not received or only
partially received, is unacceptable, or the charge is unauthorized or
duplicative. Before initiating a dispute
through the contractor bank, cardholders shall contact the vendor in question
and attempt to resolve the issue either by obtaining a replacement item or
credit where appropriate. If an item
bought with the card is returned, the supplier must credit the card account. It
is the cardholder's responsibility to follow up with the suppliers to ensure
credits are received. If the cardholder
cannot resolve the issue with the vendor, then the cardholder shall dispute the
transaction with the bank contractor via the bank’s electronic access system or
by faxing the dispute form to the bank.
Cardholders must dispute a transaction within 90 days from the
transaction date. Promptly disputing
items is a protection against fraud and misuse of the card. Cardholders, approving officials, or both may
be required to reimburse the Government for any unauthorized or erroneous
purchase card transactions that were not disputed.
(c)
Sales tax, convenience check charges, and purchases processed through
third party payment systems, such as PayPal, cannot be disputed through the
contractor bank. The cardholder is
responsible for resolving problems with the vendor involving these
charges.
1813.301-82
Convenience checks.
(a) The Debt Collection Improvement Act of 1996,
as implemented by 31 CFR Part 208, requires that all Federal payments must be
made by electronic funds transfer (EFT).
The Department of the Treasury has ruled that convenience checks are not
electronic funds transfer (EFT) compliant and therefore cannot be used unless
they meet the waiver conditions detailed in the Act. Convenience checks are a procurement tool
which must only be used as a last resort, in limited circumstances, and in
compliance with the Act.
(b) Convenience checks may be used only where--
(1) Payment is to a recipient within an area designated
by the President or an authorized agency administrator as a disaster area. This
use is limited to payments made within 120 days after the disaster is
declared. (See FAR Part 18, Emergency
Acquisitions, for additional information.)
(2) The need for goods and services is of such
unusual and compelling urgency that the Government would be seriously injured
unless payment is made by a method other than electronic funds transfer; or
where there is only one source for goods or services and the Government would
be seriously injured unless payment is made by a method other than electronic
funds transfer.
(3) The Agency
does not expect to make more than one payment to the same recipient within a
one-year period, i.e., the payment is non-recurring, and the cost of making the
payment via electronic funds transfer exceeds the cost of making the payment by
check.
(c) In addition to the limitations above,
convenience checks shall not be used for –
(1) Transactions where the vendor will accept the
purchase card;
(2) Transactions where another method of
acquisition, e.g., purchase orders, contracts, etc., could be used;
(3) Employee reimbursements;
(4) Cash advances;
(5) Salary payments, cash awards, or any transaction
processed through the payroll system; or
(6) Travel-related transportation tickets, meals
or lodging related to employee travel.
Check writers must document the specific circumstances
justifying the use of the check. Any use
of the checks which does not fall in one of the exceptions listed in (b) above
is prohibited.
(d) Not all cardholders are eligible for
convenience check writing authority.
This authority must be requested in writing from the cardholder’s
approving official to the Procurement Officer.
The request must document the items or types of items which warrant use
of the check in accordance with the limitations set forth in paragraph
(b). If the need is established, the
Procurement Officer will issue a written delegation of authority to maintain
and use convenience checks to the cardholder.
(e) Delegations for check writing authority shall
be issued separately from cardholder delegations. The delegation letter shall specify the
single purchase limit per check, the monthly spend limit, the internal controls
required over the checks, e.g., tracking checks numbers, safeguarding checks,
etc. The single purchase limit for
checks shall not exceed the micro-purchase threshold. A copy of the delegation letter shall be
sent to the approving official.
(f) Once the delegation is approved, the CAPC
will order checks for the cardholder.
Convenience checks will be printed with the check writer’s name and
shall only be used by that person. The
CAPC shall keep a record of all check numbers issued to each authorized
user. Each individual authorized to use
convenience checks must comply with
internal controls, which include tracking each check by number,
safeguarding the checks, and closely overseeing that the checks are used properly. The destruction of any checks, e.g., because
they were voided or the cardholder left the organization, must be documented by
the approving official. Cardholders
shall keep a register of all the checks issued to them, by number, and their
disposition. The approving official
shall conduct a quarterly physical inventory of the checks. The cardholder shall store convenience checks
in a locked container, such as a safe or locking filing cabinet.
(g) Checks must be used in sequential
order. Each convenience check must be
entered in a check register and P-Card Web Solution system order log for
tracking purposes. To document that a check was used, the check writer shall
type “CC,”(for convenience check) and the check number
in the “supplier field” of the P-Card Solution Order Log. The check fee shall be entered as a separate
line item in the log. At a minimum, the
following information must be entered on each check:
(1) A date, spelled out (e.g., October 30,
2008). Checks shall not be pre- or postdated;
(2) The name of the payee. Under no circumstances
may convenience checks be issued to “cash” nor can the payee line be left
blank. Checks shall not be issued to “self,” the check writer or the approving
official;
(3) The amount of the convenience check shall be
written in the spaces provided in numbers and words; e.g., one hundred
twenty-six dollars and 39/100 in the applicable space; and
(4)
An original signature.
(h) Convenience checks shall be written only for
the exact amount of the purchase.
Cardholders shall not split purchases into smaller units to circumvent
their single purchase limit. The
cardholder shall note in the log the date the check was issued and how it was
issued, i.e., handed to the recipient or mailed.
(i) The cardholder
may stop payment on a convenience checks by calling the contractor bank’s
customer service representative. The
customer service representative will review the account to see if the
convenience check has already posted.
The bank must stop payment on a convenience check within 24 hours of
notification. Additionally, the APC or
CAPC can stop payments on checks in the PaymentNet
system. If a convenience check has been
cleared through the banking process, payment cannot be stopped.
(j) Cardholders shall reorder checks in writing
through their CAPC with a copy to their approving official. CAPCs, cardholders, and their approving
officials are responsible for tracking each check number the cardholder is
issued and how it is used. When the
cardholder is leaving the organization or will not be using the checks, the
cardholder shall return any unused checks to the CAPC. The approving official shall ensure that
return of the checks to the CAPC is documented.
(k) Cardholders are required to contact the
contractor bank’s customer service department, their approving official, and
their CAPC within 24 hours to report incidents of lost or stolen convenience
checks. Because the account information may have been
compromised, the account will be closed.
A new account number will be assigned and new convenience checks will be
issued.
(l) Copies of posted convenience checks are
retained on file with the contractor bank for three years. The contractor bank’s electronic access
system has electronic images of processed checks available for viewing at any
time. The bank will provide hard copies
of processed convenience checks upon request.
Original convenience checks are not returned.
(m) The Internal Revenue Service (IRS) requires
that information be collected for reporting income to the IRS when a
convenience check is used for certain purchases. When checks are written to individuals for
services, the cardholder must collect certain tax information. For IRS Form 1099 reporting, cardholders
shall collect and record the following information:
(1) Full, legal
name;
(2) Complete
business address (street, city, zip); and
(3) Tax
identification number for a business or social security number for an
individual.
The cardholder shall provide this information to the CAPC
upon request. Failure to file a correct
IRS Form 1099 by the due date may result in the IRS imposing a penalty on
NASA. Consequently, cardholders must
assure that the necessary information is recorded and provided to the CAPC in a
timely manner.
(n) The convenience check transactions will
appear on the cardholder’s monthly statement and the monthly transaction file
within P-Card Web Solution. Transactions
shall be reconciled within five working days of receipt of the statement. No dispute process is available through the
contractor bank with the convenience check.
Any concerns over a purchase made with a convenience check must be
resolved directly by the cardholder with the merchant. The Agency will be responsible for paying
convenience checks that are signed by the cardholder and posted to their
account. The approving official shall
ensure that the cardholder promptly resolves any billing discrepancy with the
merchant. The reconciled transactions
shall be reviewed and approved by the approving official within the P-Card Web
Solution system.
(o) If fraud is suspected, the cardholder shall
contact the contractor bank to initiate an investigation and immediately notify
their CAPC. See 1813.301-83(h).
1813. 301-83
Purchase card internal controls.
(a)
Oversight of the Purchase Card Program is accomplished on two levels:
individual and organizational. Oversight of individual transactions ensures the
card is used appropriately and items acquired are authorized in accordance with
NASA and Federal policy. Organizational
oversight helps analyze spending data, identify systemic problems and
vulnerabilities, and combat fraud, waste, or mismanagement. Consistent and vigilant oversight is the
responsibility of everyone involved in the program.
(b)
Cardholder Oversight. Cardholders
play a vital role in ensuring the card is properly used. Before placing orders, cardholders must
evaluate each request to ensure that the requirement complies with Federal and
Agency acquisition and appropriation rules.
Cardholders should discuss any inappropriate or questionable requests
with the originator. If concerns or
doubts still remain,
cardholders must promptly raise the issue with their approving
official, CAPC, or other official, as appropriate. Cardholders must diligently review their
monthly statements, reconcile their transactions within five working days and
dispute any erroneous charges within 90 days.
(c)
Approving Official Oversight.
Approving officials are responsible for conducting personal and detailed
reviews of their cardholders' transactions to ensure compliance with all
applicable regulations, policy, special approvals, and purchase card procedures. This includes, but is not limited to: ensuring special approvals are documented as
well as reviewing purchase card logs and transaction reports.
(1)
Every six months, the approving official shall conduct a transaction
volume analysis of their cardholders to ascertain whether:
- all cards
under their account are needed,
- more
cardholders are needed, based on order volume, and
-
current cardholders’ monthly limits should be
adjusted to handle the volume and complexity of transactions.
(d) CAPC
Oversight. CAPCs shall perform oversight
as specified in the Purchase Card Internal Review Guide for CAPCs. The Guide is posted on the Purchase Card web
site at https://www.nssc.nasa.gov/portal/site/customerservice/menuitem.32979cf15b1a4060e736da100788576c/. Completion of the reviews and any findings
shall be reported to the APC with CAPC’s input to the NASA Purchase Card
Quarterly Report which is submitted by the APC to the Office of Management and Budget.
(e)
Center Self-Assessment and Procurement Management Reviews. Each Center must address their plans for
oversight of their purchase card program in the Center Self-Assessment
Plan. The plan must address the areas
required in OMB Circular A-123, Appendix B.
(f)
Office of Procurement. The Office
of Procurement conducts purchase card reviews as a part of each center’s
scheduled Procurement Management Reviews.
(g)
Oversight from Other Organizations.
(1)
The Office of the Chief Financial Officer (OCFO) will review purchase
card transactions and any supporting documentation as deemed necessary for
compliance with fiscal policy.
Additionally, other NASA organizations may review purchase card
transactions for compliance with NASA procedural requirements. OCFO reviews must be coordinated with the APC
and the cognizant analyst from the HQ Office of Procurement, Analysis
Division
(2)
Other organizations, such as the Office of Inspector General (OIG),
Government Accountability Office (GAO), or Office of Management and Budget
(OMB) may be involved in purchase card reviews.
These reviews shall be coordinated with cognizant
HQ Office of Procurement analyst and the APC.
The APC will cooperate with these organizations to ensure that
information is shared, irregularities are identified and investigated, fraud
and abuse are eliminated or prosecuted, and suggested program enhancements in the
oversight area are considered for
development and implementation.
(h) Reporting suspected fraud. Complaints of fraud, waste, and abuse,
including mismanagement or violations of law, rules, or regulations in NASA
programs and operations by NASA employees or program participants may be
reported to the Acquisition Integrity Program within the Office of General
Counsel. Confidential reports may also
be made by contacting the OIG. See http://www.hq.nasa.gov/office/oig/hq/hotline.html for OIG
hotline information.
(g) Cardholders who misuse the card, or
approving officials who advise or order a cardholder to misuse the card, may be
subject to immediate cancellation of their account, pecuniary liability, and
disciplinary action. Potential
disciplinary actions, notwithstanding the outcome of any applicable criminal
proceedings, range from written reprimand, to suspension or removal as set
forth in the NASA Desk Guide for Table of Disciplinary Offenses issued by the
Office of Human Capital Management.
(h) CAPCs, in
coordination with their Procurement Officers, may suspend or cancel cardholder
or approving official accounts in the following instances:
(1) Failure to timely reconcile or
approve monthly statements;
(2) Failure to
maintain required training;
(3) Misuse of the
purchase card (e.g., acquiring prohibited items/services, splitting
acquisitions, allowing others to use the purchase card); or
(4) Failure to
follow file documentation requirements--see 1813.301-75.
(i) If any employee knowingly uses the card for
unapproved or unofficial purposes such action may be considered as an attempt
to commit fraud against the Government.
The cardholder is held personally liable to the Government for the
amount of any unapproved purchases and may be subject to a fine of not more
than $10,000 or imprisonment for not more than five (5) years or both under 18
U.S.C. 287, False Claims, and related fraud criminal codes.
1813.302 Purchase orders.
(a) See 1813.003(g).
1813.302-570 NASA solicitation
provisions.
(a)(1)
The contracting officer may use the provision at 1852.213-70, Offeror Representations
and Certifications—Other Than Commercial Items, in simplified acquisitions
exceeding the micro-purchase threshold that are for other than commercial
items. This provision shall not be used
for acquisition of commercial items as defined in FAR 2.101.
(2)
This provision provides a single, consolidated list of certifications and
representations for the acquisition of other than commercial items using
simplified acquisition procedures and is attached to the solicitation for
offerors to complete and return with their offer.
(i)
Use the provision with its Alternate I in solicitations for acquisitions that
are for, or
specify the use of recovered materials (see FAR 23.4).
(ii)
Use the provision with its Alternate II in solicitations for the acquisition of
research, studies, supplies, or services of the type normally acquired from
higher education institutions (see FAR 26.3).
(iii)
Use the provision with its Alternate III in solicitation which include the
clause at FAR 52.227-14, Rights in Data—General (see FAR 27.404(d)(2) and 1827.404(d)).
(b) The contracting officer may insert a provision substantially the same as the provision at 1852.213-71, Evaluation—Other than Commercial Items, in solicitations using simplified acquisition procedures for other than commercial items when a trade-off source selection process will be used, that is, factors in addition to technical acceptability and price will be considered. (See FAR 13.106.)
1813.302-70 Purchase orders under section 8(a) of the Small Business Act.
Purchase orders made using simplified acquisition procedures are authorized for 8(a) acquisitions under the simplified acquisition threshold.
1813.303 Blanket Purchase Agreements (BPAs)
1813.303-3
Preparation of BPAs.
(a) (4) Non-GS-1102 or -1105 personnel shall not be authorized to place individual orders under a BPA in an amount greater than $5,000. For sole source orders above $2,500, a contracting officer's determination is required in accordance with FAR 13.106-1(b)(1).
(b)
Installations may use locally prescribed forms.
(c) Installations may use locally prescribed forms.
(d) The SF 44 may be used for purchases of aviation fuel and
oil of $10,000 or less.