Procurement Notice

September 6, 2005



BACKGROUND:  This PN revises the NASA FAR Supplement (NFS) to amend the NASA FAR Supplement to delete the “alpha” and “date” associated with NASA’s Procedural Requirements (NPR) 6000.1 referenced in clause NFS 1852.211-70 entitled Packaging, Handling, and Transportation (November 2004) and in section 1811.403-70 entitled Packaging, handling, and transportation.  This change will ensure the NFS provisions will not need to be revised every time the NPR is revised.  In addition, this PN removes the term “Elements” in the title under section 1815.370(i)(3) which was previously deleted in PN 97-43 dated May 10, 2000, but inadvertently added back into the NFS by PN 97-84 dated May 2, 2003, in error.


ACQUISITIONS AFFECTED BY CHANGESAll solicitations for contracts for deliverable items, including software, designated as Class I (mission essential), Class II (delicate or sensitive), or Class III (requires special handling or monitoring).


ACTION REQUIRED BY CONTRACTING OFFICERSInsert the revised clause in applicable solicitations. 


CLAUSE CHANGESClause 1852.211-70 is revised.


PARTS AFFECTEDChanges are made in Parts 1811 and 1852.


REPLACEMENT PAGESYou may use the enclosed pages to replace 11:1, 11:2, 15:15, 15:16, 52:9, 52:10, 52-115, and 52-116 of the NFS.


TYPE OF RULE AND PUBLICATION DATEThe PN was published as a final rule in the Federal Register (70 FR 52941) on September 6, 2005.


HEADQUARTERS CONTACTMarilyn J. Seppi, Contract Management Division; 703-553-2551, email: marilyn.j.seppi@nasa.gov.



Jim Balinskas

Director, Contract Management Division



PART 1811




1811.002                                 Policy.




1811.101                                          Order of precedence for requirements documents.  

1811.107                                 Solicitation provisions.



1811.403                                 Supplies or services.

1811.403-70                            Packaging, handling, and transportation

1811.404                                 Contract clauses.

1811.404-70                            NASA contract clauses.


SUBPART      1811.5             LIQUIDATED DAMAGES

1811.501                                  Policy.



1811.600                                           Scope of subpart.

1811.602                                  General.

1811.603                                  Procedures.



PART 1811



1811.002  Policy.

   (b)  Implementation of the Metric Conversion Act of 1975, as amended, must be in accordance with NPD 8010­.2, Use of the Metric System of Measurements in NASA Programs.


Subpart 1811.1--Selecting and Developing Requirements Documents


1811.101  Order of precedence for requirements documents.

   (a)  Safeguards to ensure safety, security, and environmental protection must be included, as applicable, in requirements documents.

  (b)(1) Requirements for the use of energy efficient motor vehicles will be established in accordance with NPR 6200.1, “NASA Transportation and General Traffic Management”.

   (b)(2) Requirements for the use of environmentally preferable products will be established in accordance with NPR 8830.1, “Affirmative Procurement Plan for Environmentally Preferable Products.”  Requirements for the use of energy and water efficient products and the use of renewable energy technology will be established in accordance with NPR 8570.1, “Energy Efficiency and Water Conservation Technologies and Practices.”


1811.107  Solicitation provisions.

   (b)  NASA uses the categorical method to report its use of voluntary consensus standards.  Therefore, use of the provisions at 52.211-7 is not required.  However, contracting officers must include in draft RFPs (DRFPs) the information required by 1815.201(c)(6)(A).


Subpart 1811.4--Delivery or Performance Schedules


1811.403  Supplies or services.

   (a)(3) Contract delivery or perfor­mance schedules must not be express­ed in terms of a notice of award.  A notice of award as a specific docu­ment, separate from the award docu­ment itself, is not a contractual document and shall not be used as a reference point for contract perfor­mance.  See 1814.­408 for additional information on notices of award.


1811.403-70  Packaging, handling, and transportation.

   (a)  NPR 6000.1, "Requirements for Packaging, Handling, and Transportation for Aeronautical and Space Systems, Equipment, and Associated Components" provides guidance for shipment of certain NASA items.

   (b)  Contracting officers, with the advice of the requiring activity and the Center Transportation Officer, must include a designation of each deliverable item, or groupings of deliverable items, as Class I, II, III, or IV for the purposes of contractor compliance with the NPR.


1811.404  Contract clauses.

   (a)(2)  FAR 52.211-8, Time of Deliv­ery, Alter­nates II and III, must not be used in NASA contracts.

       (3)  FAR 52.211-9, Desired and Re­quired Time of Delivery, Alternates II and III, must not be used in NASA contracts.


1811.404-70  NASA contract clauses.

   The clause at 1852.211-70, Packaging, Handling, and Transportation, must be included in solicitations for contracts for deliverable items, including software, designated as Class I (mission essential), Class II (delicate or sensitive), or Class III (requires special handling or monitoring).


Subpart 1811.5--Liquidated Damages


1811.501  Policy.

   (d)  The procurement officer must forward recom­menda­tions concerning remission of liquidated damages to the Headquarters Office of Procure­ment (Code HS).


Subpart 1811.6--Priorities and Allocations


1811.600 Scope of subpart.

             (iv) The Chief Counsel and/or designee of the installation.

            (v) The installation small business specialist.

            (vi) The SEB recorder.

   (g) Evaluation.

       (1) If committees are used, the SEB Chairperson shall send them the proposals or portions thereof to be evaluated, along with instructions regarding the expected function of each committee, and all data considered necessary or helpful.

       (2)  While oral reports may be given to the SEB, each committee shall submit a written report which should include the following:

            (i)  Copies of individual worksheets and supporting comments to the lowest level evaluated;

            (ii) An evaluation sheet summarized for the committee as a whole; and

            (iii) A statement for each proposal describing any strengths, deficiencies, or significant weaknesses which significantly affected the evaluation and stating any reservations or concerns, together with supporting rationale, which the committee or any of its members want to bring to the attention of the SEB.

       (3) The SEB process must be adequately documented.  Clear traceability must exist at all levels of the SEB process.  All reports submitted by committees or panels will be retained as part of the SEB records.

       (4)  Each voting SEB member shall thoroughly review each proposal and any committee reports and findings.  The SEB shall rate or score the proposals for each evaluation factor and subfactor according to its own collective judgment.  SEB minutes shall reflect this evaluation process.

   (h)  SEB presentation. 

       (1) The SEB Chairperson shall brief the SSA on the results of the SEB deliberations to permit an informed and objective selection of the best source(s) for the particular acquisition.

       (2) The presentation shall focus on the significant strengths, deficiencies, and significant weaknesses found in the proposals, the probable cost of each proposal, and any significant issues and problems identified by the SEB.  This presentation must explain any applicable special standards of responsibility; evaluation factors and subfactors;  the significant strengths and significant weaknesses of the offerors; the Government cost estimate, if applicable; the offerors' proposed cost/price; the probable cost; the proposed fee arrangements;  and the final adjectival ratings and scores to the subfactor level.

       (3) Attendance at the presentation is restricted to people involved in the selection process or who have a valid need to know.  The designated individuals attending the SEB presentation(s) shall:

            (i) Ensure that the solicitation and evaluation processes complied with all applicable agency policies and that the presentation accurately conveys the SEB’s activities and findings;

            (ii) Not change the established evaluation factors, subfactors, weights, or scoring systems; or the substance of the SEB's findings.  They may, however, advise the SEB to rectify procedural omissions, irregularities or inconsistencies, substantiate its findings, or revise the presentation.

       (4) The SEB recorder will coordinate the formal presentation including arranging the time and place of the presentation, assuring proper attendance, and distributing presentation material.

       (5) For Headquarters selections, the Headquarters Office of Procurement (Code HS) will coordinate the presentation, including approval of attendees.  When the Administrator is the SSA, a preliminary presentation should be made to the head of the contracting activity and to the Official-in-Charge of the cognizant Headquarters Program Office.

   (i)  Recommended SEB presentation format.

       (1) Identification of the Acquisition.  Identifies the installation, the nature of the services or hardware to be acquired, some quantitative measure including the Government cost  estimate for the acquisition, and the planned contractual arrangement.  Avoids detailed objectives of the acquisition.

       (2) Background.  Identifies any earlier phases of a phased acquisition or, as in the case of continuing support services, identifies the incumbent and any consolidations or proposed changes from the existing structure.

       (3) Evaluation Factors and Subfactors.  Explains the evaluation factors, subfactor, and any special standards of responsibility.  Lists the relative order of importance of the evaluation factors and the numerical weights of the Mission Suitability subfactors.  Presents the adjectival scoring system used in the Mission Suitability and Past Performance evaluations.

       (4) Sources.  Indicates the number of offerors solicited and the number of offerors expressing interest (e.g., attendance at a preproposal conference).  Identifies the offerors submitting proposals, indicating any small businesses, small disadvantaged businesses, and women-owned businesses. 

       (5) Summary of Findings.  Lists the initial and final Mission Suitability ratings and scores, the offerors' proposed costs/prices, and any assessment of the probable costs.  Introduces any clear discriminator, problem, or issue which could affect the selection.  Addresses any competitive range determination.   

       (6) Significant Strengths, Deficiencies, and Significant Weaknesses of Offerors.  Summarizes the SEB's findings, using the following guidelines:

            (i) Present only the significant strengths, deficiencies, and significant weaknesses of individual offerors. 

            (ii) Directly relate the significant strengths, deficiencies, and significant weaknesses to the evaluation factors, and subfactors.

            (iii) Indicate the results and impact, if any, of discussions and FPRs on ratings and scores.

       (7) Final Mission Suitability Ratings and Scores.  Summarizes the evaluation subfactors, the maximum points achievable, and the scores of the offerors in the competitive range.

       (8) Final Cost/Price Evaluation.  Summarizes proposed costs/prices and any probable costs associated with each offeror including proposed fee arrangements.  Presents the data as accurately as possible, showing SEB adjustments to achieve comparability.  Identifies the SEB's confidence in the probable costs of the individual offerors, noting the reasons for low or high confidence.

       (9) Past Performance.  Reflects the summary conclusions, supported by specific case data.

       (10) Special Interest.  Includes only information of special interest to the SSA that has not been discussed elsewhere, e.g., procedural errors or other matters that could affect the selection decision.

   (j) A source selection statement shall be prepared in accordance with 1815.308.  For installation selections, the installation Chief Counsel or designee will prepare the source selection statement.  For Headquarters selections, the Office of General Counsel or designee will prepare the statement.

  (e) Costs associated with printing, duplicating, or copying in excess of the limits in paragraph (c) of this clause are unallowable without prior written approval of the Contracting Officer.  If the Contractor has reason to believe that any activity required in fulfillment of the contract will necessitate any printing or substantial duplicating or copying, it immediately shall provide written notice to the Contracting Officer and request approval prior to proceeding with the activity.  Requests will be processed by the Contracting Officer in accordance with the provisions of the Government Printing and Binding Regulations, NFS 1808.802, and NPR 1490.5, NASA Procedural Requirements for Printing, Duplicating, and Copying Management.

  (f) The Contractor shall include in each subcontract which may involve a requirement for any printing, duplicating, and copying in excess of the limits specified in paragraph (c) of this clause, a provision substantially the same as this clause, including this paragraph (f).

(End of clause)


1852.209-70 Product Removal from Qualified Products List.

  As prescribed in 1809.206-71, insert the following clause:



  If, during the performance of this contract, the product being furnished is removed from the Qualified Products List for any reason, the Government may terminate the contract for Default pursuant to the default clause of the contract.

(End of clause)


1852.209-71 Limitation of Future Contracting.

  As prescribed in 1809.507-2, the contracting officer may insert a clause substantially as follows in solicitations and contracts, in compliance with FAR 9.507-2:



  (a) The Contracting Officer has determined that this acquisition may give rise to a potential organizational conflict of interest.  Accordingly, the attention of prospective offerors is invited to FAR Subpart 9.5--Organizational Conflicts of Interest.

  (b) The nature of this conflict is [describe the conflict].

  (c) The restrictions upon future contracting are as follows:

      (1) If the Contractor, under the terms of this contract, or through the performance of tasks pursuant to this contract, is required to develop specifications or statements of work that are to be incorporated into a solicitation, the Contractor shall be ineligible to perform the work described in that solicitation as a prime or first-tier subcontractor under an ensuing NASA contract.  This  restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Officer and the Contractor, sufficient to avoid unfair competitive advantage or potential bias (this time shall in no case be less than the duration of the initial production contract).  NASA shall not unilaterally require the Contractor to prepare such specifications or statements of work under this contract.

       (2) To the extent that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and as long as these data remain proprietary or confidential, the Contractor shall protect these data from unauthorized use and disclosure and agrees not to use them to compete with those other companies.

(End of clause)


1852.209-72 Composition of the Contractor.

  As prescribed in 1809.670, insert the following clause:



If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable under this contract.

(End of clause)


1852.211-70  Packaging, Handling, and Transportation

  As prescribed in 1811.404-70, insert the following clause:



  (a) The Contractor shall comply with NASA Procedural Requirements (NPR) 6000.1, "Requirements for Packaging, Handling, and Transportation for Aeronautical and Space Systems, Equipment, and Associated Components", as may be supplemented by the statement of work or specifications of this contract, for all items designated as Class I, II, or III.

   (b)  The Contractor's packaging, handling, and transportation procedures may be used, in whole or in part, subject to the written approval of the Contracting Officer, provided (1) the Contractor's procedures are not in conflict with any requirements of this contract, and (2) the requirements of this contract shall take precedence in the event of any conflict with the Contractor's procedures.

(c)  The Contractor must place the requirements of this clause in all subcontracts for items that will become components of deliverable Class I, II, or III items.

(End of clause)