July 17, 2000
CENTER UNIQUE CLAUSES AND PROVISIONS
PURPOSE: To provide guidance regarding the incorporation of Center unique clauses and provisions into solicitations and contracts.
BACKGROUND: NFS 1801.301(a)(2) authorizes the heads of NASA field installations to prescribe policies and procedures that do not have a significant effect beyond the internal operating procedures of the installations. These are commonly referred to as Center unique clauses and provisions. By memo dated August 28, 1995, the Associate Administrator for Procurement, authorized incorporation of Center unique clauses by reference if they were readily available via the NASA Internet service unless they established critical rights or obligations on the part of either party. This policy has been re-evaluated in terms of our ability to provide the text of these Center unique clauses at some future date (e.g. 5 years after award) during contract administration. While the text of archived NFS clauses can be obtained, previous versions of Center unique clauses are not consistently maintained at all Centers. As a result, the previous authority to incorporate Center unique provisions and clauses is rescinded, and the following guidance is provided.
GUIDANCE: Contracting officers shall incorporate in full text Center unique provisions and clauses in solicitations and contracts.
CANCELLATION: Memo dated August 28, 1995, Associate Administrator for Procurement to Procurement Officers, Subject: Incorporation of Clauses by Reference on the Internet.
EFFECTIVE DATE: This PIC is effective as dated and shall remain in effect until canceled or superceded.
HEADQUARTERS CONTACT: Celeste Dalton, Code HK, (202) 358-1645, e-mail: firstname.lastname@example.org.
R. Scott Thompson
Director, Contract Management Division