04-15
Procurement Notice
June 7, 2006
ELIMINATION OF
DOD DELEGATION ASSESSMENT REPORT
BACKGROUND: This PN revises the NASA FAR
Supplement to eliminate the requirement in 1842.102-70(b) for the semiannual
report on the center assessment of DOD contract administration
delegations. Please note that while the
standing report is eliminated, the semiannual assessment of DOD delegations is
still required by 1842.102-70, but centers need only advise the Office of
Procurement when significant changes are expected.
ACQUISITIONS AFFECTED BY CHANGES: None.
ACTION REQUIRED BY CONTRACTING OFFICERS: Discontinue
submission of the report previously required by 1842.102-70(b).
CLAUSE CHANGES: None.
PARTS AFFECTED: Part 1842.
REPLACEMENT PAGES: You may use the enclosed pages to
replace 42:3 and 42:4 of
the NFS.
TYPE OF RULE AND PUBLICATION DATE: This
change does not have a significant impact beyond the internal operating
procedures of NASA and does not have a significant cost or administrative
impact on contractors or offerors, and therefore does not require codification
in the Code of Federal Regulations (CFR) or publication for public comment.
HEADQUARTERS CONTACT: Lou Becker, Office of
Procurement, Contract Management Division, (202) 358-04593, email: lou.becker@nasa.gov.
Tom
Luedtke
Assistant
Administrator for Procurement
Enclosures
DISTRIBUTION:
PN List
PART 1842
CONTRACT ADMINISTRATION AND AUDIT SERVICES
TABLE OF CONTENTS
SUBPART 1842.1 CONTRACT AUDIT SERVICES
1842.101 Contract audit
responsibilities.
1842.102 Assignment of contract
audit services.
1842.102-70 Review of
administration and audit services.
1842.170 Assignment of
NASA personnel at contractor plants.
SUBPART 1842.2 CONTRACT ADMINISTRATION SERVICES
1842.202 Assignment of
contract administration.
1842.202-70 Retention of
contract administration.
1842.270 Contracting
officer technical representative (COTR) delegations.
1842.271 NASA clause.
SUBPART
1842.3 CONTRACT ADMINISTRATION OFFICE
FUNCTIONS
1842.302 Contract
administration functions.
SUBPART 1842.5 POSTAWARD
ORIENTATION
1842.503 Postaward
conferences.
SUBPART 1842.7 INDIRECT COST RATES
1842.705 Final indirect
cost rates.
1842.705-1 Contracting
officer determination procedure.
1842.708 Quick-closeout
procedure.
1842.708-70 NASA Quick-closeout
procedure.
SUBPART 1842.8 DISALLOWANCE OF COSTS
1842.803 Disallowing
costs after incurrence.
SUBPART 1842.12 NOVATION AND CHANGE-OF-NAME
AGREEMENTS
1842.1203 Processing
agreements.
1842.1203-70 DOD processing of
novation and change-of-name agreements on
behalf of NASA.
SUBPART 1842.13 SUSPENSION OF WORK, STOP-WORK ORDERS,
AND
GOVERNMENT DELAY OF WORK
1842.1305 Contract clauses.
SUBPART 1842.15 CONTRACTOR PERFORMANCE INFORMATION
1842.1501 General.
1842.1502 Policy.
1842.1503 Procedures.
SUBPART 1842.70 ADDITIONAL NASA CONTRACT CLAUSES
1842.7001 Observance of
legal holidays.
1842.7002 Travel outside of
the
1842.7003 Emergency
medical services and evacuation.
SUBPART 1842.71 SUBMISSION OF VOUCHERS
1842.7101 Submission of
vouchers.
SUBPART 1842.72 NASA CONTRACTOR FINANCIAL MANAGEMENT
REPORTING
1842.7201 General.
1842.7202 Contract clause.
SUBPART 1842.73 AUDIT TRACKING AND RESOLUTION
1842.7301 NASA external
audit follow-up system.
SUBPART
1842.74 EARNED VALUE MANAGEMENT
1842.7401 Earned Value Management Systems (EVMS).
1842.7402 Solicitation
provisions and contract clauses.
PART 1842
CONTRACT ADMINISTRATION AND AUDIT SERVICES
Subpart
1842.1--Contract Audit Services
1842.101 Contract audit responsibilities.
(a)(i) The Defense Contract Audit Agency (DCAA) has been
designated as the DOD agency responsible for the performance of audit functions
for NASA contracts, except those awarded to educational institutions for which
other agencies have audit cognizance under OMB Circular No.
A-133, those
with Canadian contractors, and those for which NASA will perform audits.
(ii) Cross-servicing
arrangements are the responsibility of the Headquarters Office of External
Relations (Code ID). Contracting
officers should direct questions to the Headquarters Office of Procurement
(Code HK).
1842.102
Assignment of contract audit services.
1842.102-70 Review
of administration and audit services.
NASA contracting activities shall assess
their delegations to DOD semiannually to determine changes in delegation
patterns that could result in significant changes in DOD manpower requirements
or have other important impacts on DOD contract administration activities. Events such as major program cutbacks or
expansions, changes in locations of major programs, and sizable new
acquisitions should be considered in the assessment. Contracting activities shall advise the Headquarters Office of Procurement
Contract Management Division when an assessment indicates a significant change
in required DOD support.
1842.170
Assignment of NASA personnel at contractor plants.
(a)(1)
NASA personnel normally shall not be assigned at or near a contractor's
facility to perform any contract administration functions listed in FAR 42.302(a). Before such an assignment
is made, a written request shall be forwarded to the cognizant program director
for approval with the concurrence of the Assistant Administrator for
Procurement (Code HS). The following supporting information shall be forwarded
with the request to make the assignment:
(i) A
statement of the special circumstances that necessitate the assignment.
(ii) The
contract administration services to be performed.
(iii) A summary of any discussions held with the cognizant contract
administration organization.
(iv) A
staffing plan covering three years or such shorter period as may be
appropriate.
(2) The provisions of this paragraph do
not apply to NASA audit personnel assigned to the field installations, to NASA
technical personnel covered by 1842.101 and paragraph (b) of this section,
unless they are performing any contract administration functions listed in FAR 42.302(a), or to personnel assigned to contractors' plants on NASA or other
Federal installations.
(b) NASA may assign technical personnel (such
as quality assurance, reliability, or engineering representatives) to
contractors' plants or laboratories to provide direct liaison with NASA and
technical assistance and guidance to the contractor and DOD. The duties and responsibilities of these
technical representatives shall be clearly defined and shall not conflict with,
duplicate, or overlap with functions delegated to DOD personnel. NASA shall
advise appropriate DOD and contractor organizations of the duties and
responsibilities of NASA technical personnel.
(c) When a NASA resident office, including
any assigned technical personnel, and a DOD contract administration office are
performing contract administration functions for NASA contracts at the same
contractor's facility, the two offices shall execute a written agreement
clearly establishing the relationship between the two organizations and the
contractor. The agreement should
eliminate duplication in the performance of contract administration functions
and minimize procedural misunderstandings between the two organizations. Such agreements shall be consistent with
existing delegations to the contract administration offices concerned and shall
specify the relationship of NASA nonprocurement resident personnel to their DOD
and contractor counterparts if such personnel will be involved in any aspect of
contract administration.
Subpart 1842.2--Contract
Administration Services
1842.202
Assignment of contract administration.
(b) Withholding
normal functions.
(i) The following functions are normally retained by the
contracting office.
(A) Approval of the final voucher (FAR 42.302(a)(7)).
(B) Countersigning NASA Form 456, Notice of Contract Costs
Suspended and/or Disapproved (FAR 42.302(a)(8)).
(C) Issuance of decisions under the disputes clause (FAR
42.302(a)(10)).
(D) Contract payment (FAR 42.302(a)(13)).
(E) Execution of supplemental agreements involving spare
parts or other items selected through provisioning procedures. However, delegation of the negotiation of
supplemental agreements for spare parts and other items and forwarding for
approval and signature of the NASA contracting officer is permitted (FAR
42.302(a)(22)).
(F) Execution of supplemental agreements definitizing change
orders (see FAR 42.302(b)(1)).
(G) Issuing termination notices and executing supplemental
agreements for settlement of termination for default or for convenience of the
Government. However, delegation of the
negotiation of termination settlements and forwarding for approval and
signature of the NASA contracting officer is permitted using NASA Form 1432
(FAR 42.302(a)(23)).
(H) Consent to placement of subcontracts under FAR
42.302(a)(51). (See 1844.202-1(a)).
(d) Transmittal and documentation. In addition to the instructions at FAR 42.202(d)(1) through (4), contracting officers shall --
(i) Send delegations to DOD contract administration offices
in accordance with the instructions in the DOD Directory of Contract
Administration Services Components (DLAH 4105.4).
(ii) At time of contract
award, prepare and forward NASA Form 1430, Letter of Contract Administration
Delegation, General, to the contract administration office. NASA Form 1430A, Letter of Contract
Administration, Special Instructions, will supplement the NASA Form 1430, to
modify previously delegated functions and provide additional or particular
information considered necessary to ensure clear understanding of all delegated
functions.
(iii) Forward NASA Form
1431, Letter of Acceptance of Contract Administration, with each NASA Form 1430
or 1430A. Contracting officers shall use
the returned NASA Form 1431 as contract file documentation that the delegation
has been accepted, modified or rejected by the contract administration office
and as a reference for points of contact for each of the functional areas
delegated.
(iv) Use NASA Form 1433,
Letter of Audit Delegation, to delegate the audit function and to amend
previous delegations. Distribute copies
of the contract and NASA Form 1433 as follows:
(A) Audit office: One copy of the contract and three NASA Forms
1433. When the Department of Health and Human Services is designated as the
audit office, item 12 on NASA Form 1433 shall be marked "Not
applicable."
(B) Contractor: One NASA Form 1433.
(C) Cognizant NASA
fiscal or financial management office: One NASA Form 1433.
(v) For contracts with
the Canadian Commercial Corporation (CCC), audits are automatically arranged by
the Department of Defense Production (