Subpart 1804.5--Electronic Commerce in
Contracting
1804.570 NASA Acquisition Internet Service
(NAIS).
1804.570-1 General.
The NASA Acquisition Internet Service (NAIS)
provides an electronic means for posting procurement synopses, solicitations,
and associated information on the NAIS
Internet site which in turn, automatically posts relevant information onto the
Governmentwide point of entry (GPE).
1804.570-2 Electronic Posting System.
(a) The NAIS Electronic Posting System (EPS)
enables the NASA procurement staff to --
(1)
Electronically create and post synopses on the NAIS Internet site and
the GPE; and
(2) Post solicitation documents, including
solicitation amendments or cancellations, and other procurement information on
the NAIS Internet site with linked references on the GPE.
(b) The EPS maintains an on-line index
linking the posted synopses and solicitations for viewing and downloading.
(c) The EPS shall be used to --
(1)
Create and post all synopses in accordance with FAR
Part 5 and NFS 1805; and
(2)
Post all competitive solicitation files, excluding large construction
and other drawings, for acquisitions exceeding $25,000.
(d) The NAIS is the official site for
solicitation postings which in turn, automatically posts relevant information
onto the Government-wide point of entry (GPE).
In the event supporting materials, such as program libraries, cannot be
reasonably accommodated by the NAIS, Internet sites external to NAIS may be
established after coordination with the contracting officer. Such sites must be linked from the NAIS
business opportunities index where the solicitation resides. External sites should not duplicate any of
the files residing on the NAIS.
Subpart 1804.6--Contract Reporting
1804.601 Record requirements.
The Headquarters Office of Procurement,
Analysis Division, is responsible for meeting the requirements of FAR 4.601, based on installation validation and approval of
data entered into the Federal Procurement Data System.
(d)(1) Centers
shall ensure that only actions awarded to SBA certified HUBZone small
businesses are counted towards HUBZone goal achievement when reporting
information in the Federal Procurement Data System (FPDS). Such businesses must be determined by SBA as
eligible to receive HUBZone contracts prior to the time of proposal submission.
1804.604
Responsibilities.
(c) Centers must perform a
statistically-valid verification and validation of FPDS-NG data twice per year
on a minimum of 25 percent of center actions.
The procurement officer must certify data accuracy and
completeness. Specific process
requirements are as follows:
(i)
A cross-section of contract actions (delivery orders, purchase orders,
funding actions, new contract awards, grants, cooperative agreements, etc.)
shall be reviewed to provide visibility into the various types of actions that
the center executes. The Office of
Federal Procurement Policy (OFPP) requires a statistically-valid data
verification and validation process, and each center is responsible for
developing a statistically-valid method of contract action selection. If the
center reviews greater than 25 percent of its actions per center guidance, the
reviews should continue at the level required by the center.
(ii) Validation and verification must be
conducted by an organization or person that did not award the contracts being
reviewed. The reviews may be performed
by contractor personnel as long as the individual was not involved in the award
of the contract action under review and the review function is within the scope
of the contract with NASA.
(iii)
The review shall include the following fields in FPDS-NG:
(A) Extent Competed – was competition recorded
correctly?
(B)
Type of Set-Aside – was the correct type of set-aside chosen?
(C)
Contracting Officer’s Business Size Selection – was the correct business
size selected?
(D)
Type of Small Business Award (SWOB, SVOB, HUBZONE, etc.).
(E)
Dollar Amount of the Action.
(F)
Place of Manufacture.
(G)
Advisory and Assistance Services – was the field checked if the contract
action was for advisory and assistance services?
(H)
Description of Requirement – is there a meaningful description
provided? A meaningful description is
one that includes something other than the effort title and/or the type of
effort (e.g., “Phase II SBIR” or “Space Shuttle Engine Modification”).
(I)
Performance-Based Acquisition – was the field checked if the contract
action was performance-based? (This
field must be checked in the basic and in each modification).
(J)
Procurement Placement Code (PPC) – was the correct PPC used?
(K)
Vendor Data in the Central Contractor Registration (CCR) – does data
displayed in FPDS-NG match data in CCR?
(L)
Product/Service Code – when multiple codes apply, does the code selected
adequately describe the preponderance of work being performed under the
contract?
(iv)
Errors or discrepancies identified during the review must be documented
and corrected in FPDS-NG and PRISM/CMM.
Current year awards must be reviewed, but if an error is identified that
has been carried forward from the basic award, the basic award must be
corrected. (v)
Errors identified in CCR data and the basic contract award information
input by another agency (when placing orders) cannot be corrected by NASA, but
must still be reported.
(vi) The procurement officer shall submit the
review results and the certification to the Office of Procurement Analysis
Division on or before the 30th of May and November of each year. The May review covers the period from October
1 through March 31, and the November review covers the period from April 1
through September 30. The reviews may be
included as a part of center self-assessment activities or as stand alone
activities. Centers may elect to conduct
reviews on a more frequent basis (e.g., quarterly or monthly) and include this
data in the report accompanying the twice-yearly certifications.
(vii)
The procurement officer must sign the certification letter. The letter must state that the verification
and validation review has been accomplished and must certify data accuracy and
completeness. The certification letter
must be accompanied by an Excel spreadsheet which identifies the contract
actions reviewed, the findings for each field identified in 1804.604(c)(iii),
the changes (if any) required, and the date that the changes were accomplished
in FPDS-NG and/or CMM/PRISM.
(viii)
Each center must identify a primary focal point and one alternate for
FPDS-NG data verification and validation responsibility. The focal point is responsible for
establishing and coordinating the center’s review process and ensuring that
reviews comply with the requirements of this section and the OFPP mandate for
independent review of contract actions.
The focal point must also ensure that certifications (with required
Excel spreadsheet data) are provided to the Office of Procurement Analysis
Division by the established due dates.
Focal point and/or alternate changes must be promptly provided to the
Analysis Division.
(ix)
Each center shall develop and maintain an FPDS-NG Data Validation and
Verification Implementation Plan. The
implementation plan must describe the method to be used in arriving at a
statistically-valid sample representing a cross-section of center contract
actions, the percentage of actions to be reviewed by the center twice yearly,
the Excel spreadsheet template to be provided with the certification, the
frequency of planned reviews, and the center plan for ensuring that the reviews
are conducted by an organization or person that did not award the contracts
being reviewed. The procurement officer
must provide a copy the center’s implementation plan, and any changes or
updates, to the Office of Procurement Analysis Division.
Subpart 1804.8--Government Contract Files
1804.802-70 Handling of classified
material.
When a contract is unclassified, classified material
relating to that contract shall be maintained in a separate file folder and
container, and the unclassified folder shall be marked to indicate the location
of the classified material. The front
and back of each folder containing classified material shall be marked with the
highest classification assigned to any document in the folder.
1804.803 Contents of contract files.
1804.803-70 Checklist.
NASA Form 1098, Checklist for Contract Award
File Content, shall be used as the "top page" in contract files.
1804.804 Closeout of contract files.
1804.804-2 Closeout of the contracting
office files if another office administers the contract.
(b)
Upon receiving the NASA Form 1611
or DD Form 1594, Contract Completion Statement, from the contract
administration office and complying with FAR 4.804-2(b), the contracting officer shall complete the form.
1804.804-5 Procedures for closing out
contract files.
(a)
When the contracting office retains contract administration (excluding
acquisitions under the simplified acquisition threshold), the contracting
officer must comply with FAR 4.804-5(a) by completing NASA Form 1612, Contract Closeout Checklist, and DD
Form 1593, Contract Administration Completion Record.
(b) To
comply with FAR 4.804-5(b), the contracting officer must complete NASA Form
1611 or DD Form 1594, Contract Completion Statement, except for acquisitions
under the simplified acquisition threshold.
1804.805 Storage, handling, and
disposal of contract files.
(a)
See NPR 1441.1, NASA
Records Retention Schedules.
1804.805-70 Review, separation, and
retirement of contract files.
(a)
Upon determination of contract completion under the procedures outlined
in 1804.804, each office shall remove the official contract files from the active
file series, mark each file folder with "Completed (Date)", and place
the folder in a completed (inactive) contract file series. Separate series should be established for
contracts of $25,000 or less and for contracts of more than $25,000, to facilitate
later disposal. Any original or official
file copies of documents contained in duplicate or "working" contract
files shall be removed and placed in the appropriate official file; any
remaining material in the duplicate or "working" file shall be destroyed
immediately or segregated and marked for early disposal.
(b)
Each office shall review contractor "general" files (i.e., a
file containing documents relating generally to a contractor rather than a
specific contract) at least once annually and remove documents that --
(1)
Are obsolete or superseded documents relating generally to the
contractor (e.g., documents no longer pertinent to any aspect of a contractor's
current or future capability, performance, or programs, and documents relating
to a contractor that is no longer a possible source of supplies, services, or
technical assistance) and dispose of the
documents as authorized in 1804.805; or
(2)
Pertain only to completed contracts.
Place those files that are not routine in nature in inactive files for
later disposal, and immediately dispose of routine documents as authorized in
NPR 1441.1, NASA Records Retention Schedules.
Subpart 1804.9--Taxpayer
Identification Number Information
1804.904 Reporting payment information to
the IRS.
Each NASA installation, that has its own
employer identification number, may elect to report to the IRS payments under
purchase orders and contracts for merchandise and other exempt bills.
Subpart 1804.70--Transfer of Contracting
Office Responsibility
1804.7000 Scope of subpart.
This subpart contains policies and procedures
applicable to the transfer of contracts between NASA installations.
1804.7001 Definition.
1815.300-70 Applicability of subpart.
(a)(1) Except as indicated in paragraph (b)
of this section, NASA competitive negotiated acquisitions shall be conducted as
follows:
(i) Acquisitions of $50 million or
more -- in accordance with FAR 15.3 and this
subpart.
(ii) Other acquisitions -- in
accordance with FAR 15.3 and this subpart except section 1815.370 and use of a
mission suitability factor and numerical scoring is optional.
(2) Estimated dollar values of
acquisitions shall include the values of multiple awards, options, and later
phases of the same project.
(b) FAR 15. 3 and this subpart are not
applicable to acquisitions conducted under the following procedures:
(1) Announcements of Opportunity
(see Part 1872).
(2) NASA Research Announcements (see 1835.016-71).
(3) The Small Business Innovative
Research (SBIR) program and the Small Business Technology Transfer (STTR) pilot
program under the authority of the Small Business Act (15 U.S.C. 638).
(4) Architect and Engineering (A&E)
services (see FAR 36.6
and 1836.6).
1815.303 Responsibilities.
(a) The SSA shall be established at the
lowest reasonable level for each acquisition. Notwithstanding the FAR
designation of the contracting officer as SSA, the SSA for center acquisitions
shall be established in accordance with center procedures. For acquisitions designated
as
Headquarters selections, the SSA will be identified as part of the Master Buy
Plan process (see 1807.71).
(b)(i)
The source selection authority (SSA) is the Agency official responsible for
proper and efficient conduct of the source selection process and for making the
final source selection decision. The SSA has the following responsibilities in
addition to those listed in the FAR:
(A)
Approve the source selection approach, rating method, evaluation factors,
subfactors, the weight of the evaluation factors and subfactors when used, and
any special standards of responsibility (see FAR
9.104-2) before release of the RFP, or delegate this authority to appropriate
management personnel;
(B)
Appoint the source selection team.
However, when the Administrator will serve as the SSA, the
Official-in-Charge of the cognizant Headquarters Program Office will appoint
the team; and
(C)
Provide the source selection team with appropriate guidance and special
instructions to conduct the evaluation and selection procedures.
(b)(ii)
See 1803.104-70 for restrictions on participating in evaluation or
selection of proposals.
(b)(2) Approval authorities for Acquisition
Plans and Procurement Strategy Meetings are in accordance with 1807.103.
1815.304 Evaluation factors and significant
subfactors.
(c)(4)(A) Small Business Utilization shall be
evaluated as a subfactor under the Mission Suitability factor. The Small Business Utilization subfactor
shall provide for a separate and distinct evaluation of Small Business plans
and SDB participation. If a Mission Suitability factor is not used,
Small Business Utilization, including a separate and distinct evaluation of SDB
concerns, shall be evaluated as a separate factor or subfactor, as appropriate.
(B) NASA estimated goals should be specified for each small
business category in solicitations that require the submission of a
subcontracting plan under 52.219-9. When
estimated goals are evaluated in competitive negotiated acquisitions, the
suggested SDB subcontracting goal shall not be discretely evaluated, but should
be included in the evaluation of the cumulative goal for all the small business
categories identified in the plan.
(C) In solicitations that include the FAR
19.12 evaluation of participation of SDBs in the designated North American
Industry Classification System (NAICS)
codes, NASA estimated targets should not be specified for the expected
participation. Proposed SDB
participation levels shall be evaluated based on a standard of reasonableness
relative to the offeror’s proposed effort.
SDB concerns that choose the FAR 19.11 price evaluation adjustment shall receive the
lowest possible score/rating under the FAR 15.304(c)(4) evaluation.
1815.304-70 NASA evaluation factors.
(a) Typically, NASA establishes three
evaluation factors: Mission Suitability,
Cost/Price, and Past Performance.
Evaluation factors may be further defined by subfactors. Evaluation subfactors should be structured to
identify significant discriminators, or "key swingers" - the
essential information required to support a source selection decision. Too many subfactors undermine effective
proposal evaluation. All evaluation
subfactors should be clearly defined to avoid overlap and redundancy.
(b) Mission
Suitability factor.
(1) This factor indicates the merit or
excellence of the work to be performed or product to be delivered. It includes, as appropriate, both technical
and management subfactors. Mission
Suitability shall be numerically weighted and scored on a 1000-point scale.
(See 1815.300-70(a)(1)(ii).)
(2) The Mission Suitability factor may
identify evaluation subfactors to further define the content of the
factor. Each Mission Suitability
subfactor shall be weighted and scored.
The adjectival rating percentages in 1815.305(a)(3)(A) shall be applied
to the subfactor weight to determine the point score. The number of Mission Suitability subfactors
is limited to five. The Mission
Suitability evaluation subfactors and their weights shall be identified in the
RFP.
(3) For cost reimbursement acquisitions,
the Mission Suitability evaluation shall also include the results of any cost
realism analysis. The RFP shall notify
offerors that the realism of proposed costs may significantly affect their
Mission Suitability scores.
(4)
If the solicitation requires the submission of a Safety and Health Plan (see 1823.7001(c) and NPR 8715.3, NASA Safety Manual,
Appendix H), safety and health must be a consideration in the evaluation. The Mission Suitability factor, if used,
shall include a subfactor for safety and health.
(c) Cost/Price
factor. This factor evaluates the
reasonableness and, if necessary, the cost realism, of proposed
costs/prices. The Cost/Price factor is
not numerically weighted or scored.
(d) Past
Performance factor.
(1) This factor indicates the relevant
quantitative and qualitative aspects of each offeror's record of performing
services or delivering products similar in size, content, and complexity to the
requirements of the instant acquisition.
(2) The RFP shall instruct offerors to
submit data (including data from relevant Federal, State, and local governments
and private contracts) that can be used to evaluate their past
performance. Typically, the RFP will
require:
(i) A list of contracts similar in
size, content, and complexity to the instant acquisition, showing each contract
number, the type of contract, a brief description of the work, and a point of
contact from the organization placing the contract. Normally, the requested contracts are limited
to those received in the last three years.
However, in acquisitions that require longer periods to demonstrate
performance quality, such as hardware development, the time period should be
tailored accordingly.
(ii) The identification and
explanation of any cost overruns or underruns, completion delays, performance
problems, and terminations.
(3) The contracting officer may
start collecting past performance data before proposal receipt. One method for early evaluation of past
performance is to request offerors to submit their past performance information
in advance of the proposal due date. The
RFP could also include a past performance questionnaire for offerors to send
their previous customers with instructions to return the completed
questionnaire to the Government. Failure
of the offeror
PART 1819
SMALL BUSINESS PROGRAMS
TABLE OF CONTENTS
1819.001 Definitions.
SUBPART 1819.2 POLICIES
1819.201 General policy.
SUBPART 1819.3
DETERMINATION OF SMALL BUSINESS STATUS
FOR SMALL BUSINESS PROGRAMS
1819.302 Protesting a small business
representation.
SUBPART 1819.5
SET-ASIDES FOR SMALL BUSINESS
1819.502 Setting aside acquisitions.
1819.502-70 Non-initiation of set-asides.
1819.502-3 Partial set-asides.
1819.502-370 NASA
reporting requirements.
1819.505 Rejecting Small Business
Administration recommendations.
SUBPART 1819.6
CERTIFICATES OF COMPETENCY AND
DETERMINATIONS OF RESPONSIBILITY
1819.602 Procedures.
1819.602-1 Referral.
1819.602-3 Resolving differences between the
agency and the Small Business
Administration.
1819.602-370 NASA
procedures.
SUBPART 1819.7 THE SMALL BUSINESS SUBCONTRACTING
PROGRAM
1819.705-2 Determining
the need for a subcontracting plan.
1819.705-4 Reviewing the subcontracting
plan.
1819.705-470 Acquisition-specific
subcontracting goals.
1819.708 Contract clauses.
1819.708-70 NASA solicitation provision and
contract clause.
SUBPART 1819.8
CONTRACTING WITH THE SMALL BUSINESS
ADMINISTRATION
(THE 8(a) PROGRAM)
1819.800 General.
1819.804 Evaluation, offering, and
acceptance.
1819.804-1 Agency evaluation.
1819.812 Contract Administration.
SUBPART 1819.10
SMALL BUSINESS COMPETITIVENESS
DEMONSTRATION PROGRAM
1819.1005 Applicability.
SUBPART 1819.70
NASA 8 PERCENT GOAL
1819.7000 General.
1819.7002 Contracting officer
responsibility.
1819.7003 Contract clause.
SUBPART 1819.71
NASA RURAL AREA SMALL BUSINESS PLAN
1819.7101 Definition.
1819.7102 General.
1819.7103 Solicitation provision and
contract clause.
SUBPART 1819.72 NASA MENTOR-PROTÉGÉ
PROGRAM
1819.7201 Scope of subpart.
1819.7202 Definitions.
1819.7203 Non-affiliation.
1819.7204 Transportability of features
from the Department of Defense
(DOD) Mentor-Protégé program
to NASA contractors.
1819.7205 General policy.
1819.7206 Incentives for prime contractor
participation.
1819.7207 Measurement of Program success.
1819.7208 Mentor firms.
1819.7209 Protégé firms.
1819.7210 Selection of protégé firms.
1819.7211 Application process for mentor
firms to participate in the Program.
1819.7212 OSDBU review and approval
process of agreement.
1819.7213 Agreement contents.
1819.7214 Developmental assistance.
1819.7215 Obligation.
1819.7216 Internal controls.
1819.7217 Reports.
1819.7218 Program review.
1819.7219 Solicitation provision and contract
clauses.
SUBPART 1819.73 SMALL
BUSINESS INNOVATION RESEARCH (SBIR) AND
SMALL BUSINESS TECHNOLOGY TRANSFER (STTR)
PROGRAMS
1819.7301 Scope
of subpart.
1819.7302 NASA
contract clauses.
PART 1819
SMALL BUSINESS PROGRAMS
1819.001
Definitions.
“High-Tech” as used in this part means research and/or development efforts that are
within or advance the state-of-the-art in a technology discipline and are
performed primarily by professional engineers, scientists, and highly skilled
and trained technicians or specialists.
Subpart 1819.2--Policies
1819.201
General policy.
(a)(i) NASA is committed to providing to
small, veteran-owned small business, service-disabled veteran-owned small
business, HUBZone, small disadvantaged, and women-owned small business
concerns, maximum practicable opportunities to participate in Agency
acquisitions at the prime contract level.
The participation of NASA prime contractors in providing subcontracting
opportunities to such entities is also an essential part of the Agency's
commitment. The participation of these
entities is particularly emphasized in high-technology areas where they have
not traditionally dominated.
(ii) NASA annually negotiates Agency
small, service-disabled veteran-owned small business, HUBZone, small
disadvantaged, and women-owned small business prime and subcontracting goals
with the Small Business Administration pursuant to section 15(g) of the Small
Business Act (15 U.S.C. 644). In
addition, NASA has the following statutory goals based on the total value of
prime and subcontract awards:
(A) Under Public
Laws 101-144, 101-507, and 102-389, an annual goal of at least 8 percent for
prime and subcontract awards to small disadvantaged business (SDB) concerns,
Historically Black Colleges and Universities (HBCUs), minority institutions
(MIs), and women-owned small businesses (WOSBs) (see 1819.7000); and
(B) Under 10
U.S.C. 2323, an annual goal of 5 percent for prime and subcontract awards to
SDBs, HBCUs, and WOSBs.
(d) The Assistant Administrator for Small and
Disadvantaged Business Utilization is the Agency official responsible for
carrying out the duties in FAR 19.201(d).
(e)(i) The
center director shall designate a qualified individual in the contracting
office as a small business specialist to provide a central point of contact to
which small business concerns may direct inquiries concerning small business
matters and participation in NASA acquisitions.
The small business specialist shall also perform other functions
specifically set forth in this section 1819.201 or that the procurement officer
may prescribe, with the concurrence of the Assistant Administrator for Small
and Disadvantaged Business Utilization, for implementing the Small Business
Program. When the center director
considers that the volume of acquisitions or the functions relating to
acquisitions at the center do not warrant a full-time small business
specialist, these duties may be assigned to procurement personnel on a
part-time basis. However, whether
full-time or part-time, that assigned individual, when performing the duties of
a small business specialist, shall report directly to the Procurement Officer.
(ii)
Small business specialists
appointed under paragraph (d)(i) of this section shall perform the following
duties, as the procurement officer determines appropriate to the installation:
(A) Maintain a
program designed to locate capable small business sources, including those
located in labor surplus areas, for current and future acquisitions.
(B) Coordinate inquiries and requests for advice
from small business concerns on acquisition matters.
(C) Before issuance of solicitations or contract
modifications for additional supplies or services, determine that small
business concerns will receive adequate consideration, including making
recommendations for initiation of set-asides (see FAR 19.5 and 19.8) and for taking action in accordance with FAR 19.506(b) and 1819.502-70. Participate and
provide input early in the acquisition planning phase of proposed acquisitions,
including procurement strategy meetings.
(D) If small
business concerns cannot be given an opportunity to compete because adequate
specifications or drawings are not available, work with appropriate technical
and contracting personnel to ensure that necessary specifications or drawings
for current or future acquisitions will be available.
(E) Review acquisitions for possible breakout
of items suitable for acquisition from small business concerns.
(F) Advise small business concerns regarding
financial assistance available under laws and regulations, assist such concerns
in applying for such assistance, and ensure that small business concerns'
requests for financial assistance are not treated as a handicap in securing the
award of contracts.
(G) Participate in responsibility determinations
(see FAR 9.103) when small business concerns are involved.
(H) Participate in the evaluation of prime
contractors' small business subcontracting programs (see FAR 19.705-4).
(I)
Review and make
appropriate recommendations to the contracting officer on any proposal to
furnish Government-owned facilities to a contractor if such action may hurt the
Small Business Program.
(J)
Ensure that
participation of small business concerns is accurately reported.
(K) Make
available to SBA copies of solicitations when requested.
(L) Act as
liaison between contracting officers and SBA area offices and representatives
in connection with set-asides, certificates of competency, and any other
matters in which the Small Business Program may be involved.
(M) In
cooperation with contracting officers and technical personnel, seek and develop
information on the technical competence of small business concerns for research
and development contracts. Regularly
bring to the attention of contracting officers and technical personnel
descriptive data, brochures, and other information regarding small business
concerns that are apparently competent to perform research and development work
in fields in which NASA is interested.
(N) When a small business concern's offer has
been rejected for nonresponsiveness or nonresponsibility, assist that concern,
upon its request, in understanding such requirements for future awards.
(O)
Advise center personnel,
as necessary, on new Governmentwide and Agency-approved small business programs
and initiatives.
(f)
(1) The NASA Ombudsman, the Director of the Contract Management Division, is the
designated official for determining whether the use of the SDB mechanism in FAR
Subpart 19.11 has resulted in an undue burden on non-SDB
firms in the Department of Commerce designated NAICS Major Groups, or is otherwise inappropriate.
Subpart 1819.3--Determination
of Small Business Status for Small Business Programs
1819.302 Protesting
a small business representation.
(d)
(1) The contracting officer shall not
make awards of small business set-aside acquisitions before the expiration of
the period for receipt of a size standard protest.
Subpart 1819.5--Set-Asides for Small
Business
1819.502 Setting aside acquisitions.
1819.502-70
Non-initiation of set-asides.
(a) All cases involving the non-initiation of a
set-aside, whether resulting from a joint decision of the small business specialist
and the contracting officer or a decision by the contracting officer alone,
require referral to the SBA representative (if one is assigned and available)
for review.
(b) If the small business specialist recommends
that an individual acquisition or a class of acquisitions, or a portion
thereof, be set aside, the contracting officer shall promptly either concur in
or disapprove the recommendation, stating in writing the reasons for
disapproval.
(c) When an SBA representative is assigned and
available and the contracting officer disapproves the small business
specialist's recommendation, the contracting officer shall promptly refer the
case to the SBA representative for review.
The small business specialist shall take no further appeal action. The SBA representative must either concur
with the decision or appeal the case to the procurement officer under FAR
19.505. If the
procurement officer approves the contracting officer’s decision and the SBA
appeals under FAR 19.505(c), the procurement officer shall forward the required
written justification, including a history of discussions between the center
and the SBA and rationale for the decision, to the Headquarters Office of
Procurement, Program Operations Division.
(d) The contracting officer shall prepare, sign,
and retain in the contract file a memorandum of nonconcurrence in a recommended
set-aside action.
1819.502-3
Partial set-asides.
1819.502-370
NASA Reporting Requirements.
The
contracting officer shall separately report, in accordance with Subpart 1804.6, awards of the non-set-aside portions of small
business set-aside acquisitions.
1819.505
Rejecting Small Business Administration recommendations.
See
1819.502-70.
Subpart 1819.6--Certificates of Competency and Determinations
of Responsibility
1819.602
Procedures.
1819.602-1
Referral.
(a) On proposed awards exceeding the simplified
acquisition threshold, the contracting officer should consider requesting a
preaward survey (see FAR 9.106) before
determining that a responsive small business firm is not responsible. The scope of the preaward survey request
should be limited to those elements of responsibility that are questioned.
(2) The contracting officer shall forward a copy
of the referral to SBA through the procurement officer to the Headquarters
Office of Small and Disadvantaged Business Utilization (Code K).
1819.602-3
Resolving differences between the agency and the Small Business Administration.
1819.602-370
NASA Procedures.
(a) When agreement cannot be reached between the
contracting officer and the SBA Area Office, the contracting officer shall
forward to the Headquarters Office of Procurement (Code HS) on an expedited
basis, a complete case file with a request that the case be considered for
appeal to SBA Headquarters. The
contracting officer shall include the data already furnished to SBA, SBA's
rationale for proposing to issue a COC, and the contracting officer's comments. The contracting officer shall suspend
acquisition action until informed by Code HS of the final decision in the case.
(b) If the Office of Procurement concludes that
the referral to SBA should be withdrawn and a contract awarded without benefit
of a COC, Code HS shall inform the contracting officer.
(c) If the Office of Procurement agrees with the
contracting officer's recommended appeal action, the Assistant Administrator
for Procurement shall forward the appeal through the Office of Small and
Disadvantaged Business Utilization (Code K) to SBA Headquarters.
Subpart 1819.7--The Small Business Subcontracting Program
1819.705-2
Determining the need for a subcontracting plan.
(d) Solicitations for competitive negotiated
acquisitions shall require proposed subcontracting plans with initial proposals
(see 1819.708(b)(1)). For sole source
negotiated acquisitions, the contractor shall be required to submit a proposed
subcontracting plan with the proposal.
1819.705-4
Reviewing the subcontracting plan.
1819.705-470
Acquisition-specific subcontracting goals.
Section
1819.201 addresses Agencywide goals at the combined prime and subcontract
levels. Appropriate subcontracting goals
for an individual acquisition, however, are to be independently determined on
the basis of the specific circumstances of the acquisition, consistent with FAR
19.705-4 and 1819.7002(b), and not on the basis of an
Agencywide or center goal.
Acquisition-specific subcontracting goals should reflect maximum
practicable opportunities for all categories of small business concerns to participate
in NASA programs, consistent with efficient performance. The methods outlined in NASA Policy Directive
(NPD) 5000.2, Uniform Methodology for Determination of Small
Disadvantaged Subcontracting Goals, may also be useful in establishing
reasonable subcontracting goals for small, veteran-owned small business,
service-disabled veteran-owned small business,
HUBZone, and women-owned small business concerns.
1819.708
Contract clauses.
(b)
(1) The contracting officer shall use
the clause at FAR 52.219-9 with its Alternate II when contracting by negotiation.
1819.708-70 NASA
solicitation provision and contract
clause.
(a)
The contracting officer shall insert the provision at 1852.219-73, Small Business Subcontracting Plan, in invitations
for bids containing the clause at FAR 52.219-9 with its Alternate I. Insert in
the last sentence the number of calendar days after request that the offeror
must submit a complete plan.
(b)
The contracting officer shall insert the clause at 1852.219-75, Small Business
Subcontracting Reporting, in solicitations and contracts containing the clause
at FAR 52.219-9, except for contracts covered by an approved commercial plan.
Subpart 1819.8--Contracting with the Small
Business Administration
(The 8(a) Program)
1819.800
General.
(f) NASA and the Small Business
Administration maintain a Partnership Agreement (PA) to allow direct
contracting with 8(a) firms by NASA.
Specific guidance on the implementation of the PA through a class
deviation to certain requirements set forth in Subpart 19.8 is set forth in
Procurement Information (PIC) 08-06.
Centers are to refer to the PIC to determine if direct contracting is
currently authorized.
1819.804 Evaluation,
offering, and acceptance.
1819.804-1
Agency evaluation.
The small
business specialist shall review and evaluate all acquisition requirements to
determine their suitability for offering to SBA for 8(a) acceptance and make a
recommendation to the contracting officer concerning award to SBA.
1819.812 Contract Administration.
(d) The Small
Business Act, at 15 USC 637(a)(21)(A), requires a contract awarded under the
8(a) Program to be performed by the concern that initially received the
contract. If the owner(s) upon whom eligibility was based subsequently
relinquishes ownership or control, or enters into any agreement to relinquish
ownership or control, the contract shall be terminated for convenience unless a
request for waiver is submitted by the contractor, or by NASA. Only the Small Business Administration (SBA)
may waive this requirement. Contracting
Officers must coordinate any planned requests for waiver of an 8(a) contract
termination with the Headquarters Office of Procurement (Program Operations Division). The Headquarters Office of Procurement will
review and coordinate the package with Headquarters offices, as appropriate,
and will either forward the request to the Administrator for signature or will
advise the Contracting Officer of the decision not to submit the request to the
SBA.
Subpart 1819.10--Small
Business Competitiveness Demonstration Program
1819.1005
Applicability.
(b) The targeted industry categories for
NASA and their North American Industry Classification System (NAICS) codes are:
|
NAICS
Code
|
Industry Category
|
|
334111
|
Electronic Computer
Manufacturing
|
|
334418
|
Printed Circuit
Assembly (Electronic Assembly) Manufacturing
|
|
334613
|
Magnetic and Optical
Recording Media Manufacturing
|
|
334119
|
Other Computer Peripheral
Equipment Manufacturing
|
|
33422
|
Radio and Television
Broadcasting and Wireless Communication Equipment Manufacturing
|
|
336415
|
Guided Missile and
Space Vehicle Propulsion Unit and Propulsion Unit Parts Manufacturing
|
|
336419
|
Other Guided Missile
and Space Vehicle Parts and Auxiliary Equipment Manufacturing
|
|
334511
|
Search, Detection,
Navigation, Guidance, Aeronautical, and Nautical Systems and Instrument
Manufacturing
|
|
333314
|
Optical Instrument and
Lens Manufacturing
|
|
541511
|
Custom Computer
Programming Services
|
|
541512
|
Computer Systems
Design Services
|
|
51421
|
Data Processing
Services
|
|
541519
|
Other Computer Related
Services
|
Subpart 1819.70--NASA 8 Percent Goal
1819.7000
General.
Public
Laws 101-144, 101-507, and 102-389 require the NASA Administrator to ensure, to
the fullest extent possible, that at least 8 percent of Federal funding for
prime and subcontracts awarded in support of authorized programs, including the
space station by the time operational status is obtained, be made available to
small disadvantaged business concerns, Historically Black Colleges and
Universities, minority institutions, and women-owned small business concerns.
1819.7002
Contracting officer responsibility.
(a) Contracting officers must seek out as
potential sources small disadvantaged business concerns, women-owned small
business concerns, historically black colleges or universities and minority
institutions, and give full consideration to these entities to satisfy NASA
requirements. The participation of NASA
prime contractors is also essential to meeting the Agency’s 8 percent goal.
(b) NASA Policy Directive (NPD) 5000.2, Uniform Methodology for Determination of Small
Disadvantaged Subcontracting Goals, contains guidance on developing realistic
goals. It is applicable to acquisitions
expected to exceed $50 million, including options. The methodology may be used for lesser value
acquisitions.
1819.7003
Contract clause.
The
contracting officer shall insert the clause at 1852.219-76, NASA 8 Percent Goal, in all solicitations and
contracts other than those below the simplified acquisition threshold or when
the contract, together with all its subcontracts, is to be performed entirely outside
of any State, territory, or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and the Trust Territory of the
Pacific Islands.
Subpart 1819.71--NASA
Rural Area Small Business Plan
1819.7101
Definition.
"Rural area" means a county with a population of fewer than
twenty thousand individuals.
1819.7102
General.
Pursuant
to Public Law 100-590, NASA established a Rural Area Business Enterprise
Development Plan, including methods for encouraging prime and subcontractors to
use small business concerns located in rural areas as subcontractors and
suppliers. One method is to encourage
the contractor to use its best efforts to comply with the intent of the
statute.
1819.7103
Solicitation provision and contract clause.
The
contracting officer shall insert the clause at 1852.219-74, Use of
Rural Area Small Businesses, in solicitations and contracts that offer
subcontracting possibilities or that are expected to exceed $550,000
($1,000,000 for construction of public facility) unless the contract, together
with all its subcontracts, is to be performed entirely outside of any State,
territory, or possession of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and the Trust Territory of the Pacific Islands.
Subpart 1819.72--NASA
Mentor-Protégé Program
1819.7201
Scope of subpart.
The NASA
Mentor-Protégé Program is designed to incentivize NASA prime contractors to
assist small disadvantaged business (SDB) concerns, Historically Black Colleges
and Universities (HBCUs), minority institutions (MIs), and women-owned small
business (WOSB) concerns, in enhancing their capabilities to perform NASA
contracts and subcontracts, foster the establishment of long-term business
relationships between these entities and NASA prime contractors, and increase
the overall number of these entities that receive NASA contract and subcontract
awards.
1819.7202
Definition.
“High-Tech” is defined in 1819.001.
1819.7203
Non-affiliation.
For
purposes of the Small Business Act, a protégé firm may not be considered an
affiliate of a mentor firm solely on the basis that the protégé firm is
receiving developmental assistance referred to in 1819.7214 from such mentor
firm under the Program. In addition,
NASA shall not consider partial ownership, up to 10 percent, of a Department of
Defense (DOD)-sanctioned protégé firm by its DOD mentor to constitute
affiliation.
1819.7204
Transportability of features from the Department of Defense (DOD) Mentor- Protégé Program to NASA contractors.
(a) In accordance with the benefits authorized by
the DOD Mentor-Protégé Program (Public Law 101-510, Section 831, as amended by
Public Law 102-190, Section 814), a NASA contractor who is also an approved DOD
mentor can transfer credit features to their NASA contracts.
(b) NASA prime contractors, who are approved DOD
mentors, can award subcontracts noncompetitively under their NASA contracts to
the protégés which they are assisting under the DOD Program (Public Law
101-510, Section 831(f)(2)).
(c) NASA prime contractors may count the costs of
developmental assistance provided to protégés being assisted under the DOD
Program toward meeting the goals in their subcontracting plans under their NASA
prime contracts (Public Law 102-190, Section 814). Limitations which may reduce the value of
this benefit include:
(1) Credit toward attaining subcontracting goals
is available only to the extent that the developmental assistance costs have
not been reimbursed to the contractor by DOD as direct or indirect costs;
or
(2) The credit is available to meet the goals of
a NASA subcontracting plan only to the extent that it has not been applied to a
DOD subcontracting plan. The same
unreimbursed developmental assistance costs cannot be counted toward meeting
the subcontracting goals of more than one prime contract. These costs would accrue from credit for the
multiples attributed to assistance provided by Small Business Development
Centers, Historically Black Colleges and Universities and minority
institutions.
(d) The features identified in paragraphs (a),
(b) and (c) of this section point out the portability of features from the DOD
Mentor-Protégé Program to NASA prime contractors. NASA mentors will be held to show "good
faith" by providing actual developmental assistance beyond transferring
credit from activity in the DOD Program to NASA subcontracting plans.
1819.7205
General policy.
(a) Eligible large business prime contractors,
not included on the "List of Parties Excluded from Federal Procurement and Nonprocurement
Programs", who have at least one active
subcontracting plan, and who are approved as mentor firms may enter into
agreements with eligible entities (as defined in 1819.7209) as protégés to
provide appropriate developmental assistance to enhance the capabilities of
protégés to perform as subcontractors and suppliers. Eligible small business prime contractors,
not included on the "List of Parties Excluded from Federal Procurement and
Nonprocurement Programs", and that are capable of providing developmental
assistance to protégés, may also be approved as mentors. An active mentor-protégé arrangement requires
the protégé to be a subcontractor under the mentor's prime contract with
NASA.
(b) The Mentor-Protégé program may be used in
cost reimbursement type contracts and contracts that include an award fee
incentive. Costs incurred by a mentor to provide the developmental assistance
described in 1819.7214 are allowable.
Except for cost-plus-award-fee contracts, such proposed costs shall not
be included in the cost base used to develop a fee objective or to negotiate
fee. On contracts with an award fee
incentive, a contractor’s Mentor-Protégé efforts shall be evaluated under the
award fee evaluations.
1819.7206
Incentives for prime contractor participation.
(a) Proposed
mentor-protégé efforts, except for the extent of participation of protégés as
subcontractors, shall be evaluated under the Mission Suitability factor . The participation of SDB protégés as
subcontractors shall be evaluated separately as a Mission Suitability subfactor
(see FAR 15.304(c)(4) and 19.1202). The participation of other
categories of protégés as subcontractors may be evaluated separately as part of
the evaluation of proposed subcontracted efforts.
(b) Under contracts with award fee incentives,
approved mentor firms shall be eligible to earn award fee associated with their
performance as a mentor by performance evaluation period. For purposes of earning award fee, the mentor
firm's performance shall be evaluated against the criteria described in the
clause at 1852.219-79, Mentor Requirements and Evaluation. This award fee evaluation shall not include
assessment of the contractor’s achievement of FAR
52.219-9 subcontracting plan SDB goals or proposed
monetary targets for SDB subcontracting (see FAR 19.1203).
1819.7207
Measurement of Program success.
The
overall success of the NASA Mentor-Protégé Program encompassing all
participating mentors and protégés will be measured by the extent to which it
results in:
(a) An increase in the number, dollar value and
percentage of subcontracts awarded to protégés by mentor firms under NASA contracts
since the date of entry into the Program;
(b) An increase in the number and dollar value of
contract and subcontract awards to protégé firms since the time of their entry
into the Program (under NASA contracts, contracts awarded by other Federal agencies
and under commercial contracts);
(c) An increase in the number and dollar value of
subcontracts awarded to a protégé firm by its mentor firm; and
(d) An increase in subcontracting with protégé
firms in industry categories where they have not traditionally participated
within the mentor firm's activity.
1819.7208
Mentor firms.
(a) Eligibility:
(1) Contractors eligible for receipt of
government contracts;
(2) Large prime contractors performing under contracts
with at least one negotiated subcontracting plan as required by FAR 19.7; and
(3) Small business prime contractors that can
provide developmental assistance to enhance the capabilities of protégés to
perform as subcontractors and suppliers.
(b) Mentors will be encouraged to identify and
select as protégés:
(1) A broad base of firms including those defined
as emerging firms (e.g., a protégé whose size is no greater than 50 percent of
the size standard applicable to the NAICS
code assigned to a contracting opportunity);
(2) Firms in addition to those with whom they
have established business relationships; and
(3) High-tech firms.
1819.7209
Protégé firms.
(a) For selection as a protégé, a firm must
be:
(1) An SDB in the NAICS Major Groups as determined by the Department of Commerce (see
FAR 19.201(b)),
HBCU, MI, or WOSB;
(2) Certified as small in the NAICS code for the services or
supplies to be provided by the protégé under its subcontract to the mentor; and
(3) Eligible for receipt of government
contracts.
(b) Except for SDBs, a protégé firm may
self-certify to a mentor firm that it meets the requirements set forth in
paragraph (a) of this section. Mentors
may rely in good faith on written representations by potential protégés that
they meet the specified eligibility requirements. SDB status eligibility and
documentation requirements are determined according to FAR 19.304.
(c) Protégés may have multiple mentors. Protégés participating in mentor-protégé
programs in addition to the NASA Program should maintain a system for preparing
separate reports of mentoring activity for each agency's program.
1819.7210
Selection of protégé firms.
(a) Mentor
firms will be solely responsible for selecting protégé firms. The mentor is encouraged to identify and
select the types of protégé firms listed in 1819.7208(b).
(b) Mentor
firms may have more than one protégé.
(c) The selection of protégé firms by mentor
firms may not be protested, except for a protest regarding the size or
eligibility status of an entity selected by a mentor to be a protégé. Such protests shall be handled in accordance
with FAR 19.703(b). The contracting
officer shall notify the Headquarters Office of Small and Disadvantaged
Business Utilization (OSDBU) (Code K) of the protest.
1819.7211
Application process for mentor firms to participate in the Program.
(a) Prime contractors interested in becoming a
mentor firm must submit a request to the NASA OSDBU to be approved under the
Program. The application will be
evaluated on the extent to which the company plans to provide developmental assistance. The information required in paragraph (b) of
this section must be submitted to be considered for approval as a mentor firm.
(b) A proposed mentor must submit the following
information to the NASA OSDBU:
(1) A statement that the mentor firm is currently
performing under at least one active approved subcontracting plan (small
business exempted) and that they are eligible, as of the date of application,
for the award of Federal contracts;
(2) The cognizant NASA contract number(s), type
of contract, period of performance (including options), title of technical
program effort, name of NASA Program Manager (including contact information)
and name of the NASA field center where support is provided;
(3) The number of proposed mentor-protégé
arrangements;
(4) Data on all current NASA contracts and
subcontracts to include the contract/subcontract number(s), period of
performance, awarding NASA installation or contractor and contract/subcontract
value(s) including options;
(5) Data on total number and dollar value of
subcontracts awarded under NASA
prime contracts within the past 2 years and the number and dollar value of such
subcontracts awarded to entities defined as protégés.
(6) Information on the proposed types of
developmental assistance. For each
proposed mentor-protégé relationship include information on the company's
ability to provide developmental assistance to the identified protégé firm and
how that assistance will potentially increase subcontracting opportunities for
the protégé firm, including subcontracting opportunities in industry categories
where these entities are not dominant in the company's current subcontractor
base; and
(7) A Letter of Intent signed by both
parties. At a minimum, the Letter of
Intent must include the stated commitment that the parties intend to enter into
a mentor-protégé agreement under the NASA Program, that they intend to
cooperate in the establishment of a suitable developmental assistance program
to meet their respective needs, and that they agree to comply with the
obligations in 1819.7215 and all other provisions governing the Program.
1819.7212
OSDBU review and approval process of agreement.
(a) The information specified in 1819.7211(b) is
reviewed by the NASA OSDBU. This review
will be completed no later than 30 days after receipt by the OSDBU. The OSDBU will provide a copy of the submitted
information to the cognizant NASA technical program manager and contracting
officer for a parallel review and concurrence.
(b) If OSDBU approves the application, then the
mentor --
(1) Negotiates an agreement with the protégé; and
(2) Submits an original and two (2) copies of the
agreement to the OSDBU for approval by the NASA Mentor-Protégé program manager,
the NASA technical program manager, and the contracting officer.
(c) Upon agreement approval, the mentor may
implement a developmental assistance program.
(d) An approved agreement will be incorporated
into the mentor's contract with NASA. It
should be added to the subcontracting plan in contracts which contain such a
plan.
(e) If OSDBU disapproves the application, then
the mentor may provide additional information for reconsideration. The review of any supplemental material will
be completed within 30 days after receipt by the OSDBU. Upon finding deficiencies that NASA considers
correctable, the OSDBU will notify the mentor and request information to be
provided within 30 days that may correct the deficiencies.
1819.7213
Agreement contents.
The contents of the agreement must contain:
(a) Names
and addresses of mentor and protégé firms and a point of contact within both
firms who will oversee the agreement;
(b) Procedures for the mentor firm to notify the
protégé firm, OSDBU, and the contracting officer, in writing, at least 30 days
in advance of the mentor firm's intent to voluntarily withdraw from the
Program;
(c) Procedures for a protégé firm to notify the
mentor firm in writing at least 30 days in advance of the protégé firm's intent
to voluntarily terminate the mentor-protégé agreement. The mentor shall notify the OSDBU and the
contracting officer immediately upon receipt of such notice from the protégé;
(d) A description of the type of developmental
program that will be provided by the mentor firm to the protégé firm, to
include a description of the subcontract work, and a schedule for providing
assistance and criteria for evaluation of the protégé’s developmental success;
(e) A listing of the number and types of
subcontracts to be awarded to the protégé firm;
(f) Program participation term;
(g) Termination procedures;
(h) Plan for accomplishing work should the
agreement be terminated; and
(i) Other terms and conditions, as appropriate.
1819.7214
Developmental assistance.
The forms
of developmental assistance a mentor can provide to a protégé include:
(a)
Management guidance relating to --
(1) Financial management,
(2) Organizational management,
(3) Overall business management/planning, and
(4) Business development;
(b) Engineering and other technical assistance;
(c) Noncompetitive award of subcontracts under
NASA contracts;
(d) Progress payments based on costs. The customary progress payment rate for all
NASA contracts with small disadvantaged businesses is 95 percent. This customary progress payment rate for
small disadvantaged businesses may be used by prime contractors;
(e) Advance payments. While a mentor can make advance payments to
its protégés who are performing as subcontractors, the mentor will only be reimbursed
by NASA for these costs if advance payments have been authorized in accordance
with 1832.409-170;
(f) Loans;
(g) Rent-free use of facilities and/or equipment;
and
(h) Temporary assignment of personnel to the
protégé for purpose of training.
1819.7215
Obligation.
(a) The mentor or protégé may voluntarily
withdraw from the Program as mutually agreed by both mentor and protégé.
(b) Mentor
and protégé firms will submit a "lessons learned" evaluation to the
NASA OSDBU at the conclusion of each NASA contract subject to the approved
Mentor-Protégé agreement.
1819.7216
Internal controls.
(a) The NASA OSDBU will manage the Program. Internal controls will be established by the
OSDBU to achieve the stated program objectives (by serving as checks and
balances against undesired actions or consequences) such as:
(1) Reviewing and evaluating mentor applications
for realism, validity and accuracy of provided information;
(2) Reviewing any semi-annual progress reports
submitted by mentors and protégés on protégé development to measure protégé
progress against the master plan contained in the approved agreement.
(3) Site visits to NASA installation where
mentor-protégé activity is occurring.
(b) NASA may terminate mentor-protégé agreements
for good cause and exclude mentor or protégé firms from participating in the
NASA program. These actions shall be
approved by the NASA OSDBU. NASA shall terminate an agreement by delivering to
the contractor a Notice specifying the reason for termination and the effective
date. Termination of an agreement does
not constitute a termination of the subcontract between the mentor and the
protégé. A plan for accomplishing the subcontract effort should the agreement be
terminated shall be submitted with the agreement as required in NFS
1819.7213(h).
1819.7217
Reports.
(a) Semi-annual reports shall be submitted by the
mentor to the NASA Mentor-Protégé program manager, the NASA OSDBU, to include
information as outlined in 1852.219-79(b).
(b) Protégés are encouraged to submit semi-annual
reports to the OSDBU on Program progress pertaining to their mentor-protégé
agreement. However, costs associated
with the preparation of these reports are unallowable costs under Government
contracts and will not be reimbursed by the Government.
(c) The NASA technical program manager shall
include an assessment of the prime
contractor's (mentor's) performance in the Mentor-Protégé Program in a
quarterly 'Strengths and Weaknesses' evaluation report. A copy of this assessment will be provided to
the OSDBU and the contracting officer.
(d) The NASA Mentor-Protégé program manager will
submit semi-annual reports to the cognizant contracting officer regarding the
participating prime contractor's performance in the Program for use in the
award fee determination process.
1819.7218
Program review.
At the
conclusion of each year in the Mentor-Protégé Program, the prime contractor and
protégé, as appropriate, will formally brief the NASA OSDBU, the technical
program manager, and the contracting officer regarding Program accomplishments
pertaining to the approved agreement.
This review will be incorporated into the normal program review, where
applicable. A separate review will be
scheduled for other contracts to be held at the NASA work site location.
1819.7219
Solicitation provision and contract clauses.
(a) The contracting officer shall insert the
clause at 1852.219-77, NASA
Mentor-Protégé Program, in:
(1) Cost reimbursement solicitations and
contracts, or solicitations and contracts with award fee incentives, that
include the clause at FAR 52.219-9, Small
Business Subcontracting Plan;
(2) Small business set-asides of the contract
types in (a)(1) of this section with values exceeding $550,000 ($1,000,000 for
construction) that offer subcontracting opportunities.
(b) The contracting officer shall insert the
clause at 1852.219-79, Mentor Requirements and Evaluation, in contracts where
the prime contractor is a participant in the NASA Mentor-Protégé Program.
Subpart
1819.73--Small Business Innovation Research (SBIR) and Small Business
Technology Transfer (STTR) Programs
1819.7301 Scope of subpart.
The Small Business Innovation
Research (SBIR) and Small Business Technology Transfer (STTR) Programs were
established and issued under the authority of the Small Business Act codified
at 15 U.S.C. 631, as amended, and the Small Business Innovation Development Act
of 1982 (Pub.L. 97-219), codified with amendments at 15 USC 638. The Small Business Act requires that the
Small Business Administration (SBA) issue SBIR and STTR Program Policy
Directives for the general conduct of the SBIR/STTR Programs within the Federal
Government. The statutory purpose
of the SBIR Program is to strengthen the role of innovative small business
concerns (SBCs) in federally-funded research or research and development
(R/R&D). Specific program purposes are to: stimulate technological
innovation; use small business to meet Federal R/R&D needs; foster and
encourage participation by socially and economically disadvantaged SBCs, and by
SBCs that are 51 percent owned and controlled by women, in technological
innovation; and increase private sector commercialization of innovations
derived from Federal R/R&D, thereby increasing competition, productivity
and economic growth. Federal agencies participating in the SBIR/STTR Programs
(SBIR/STTR agencies) are obligated to follow the guidance provided by the SBA
Policy Directive. NASA is required to
ensure its policies, regulations, and guidance on the SBIR/STTR Programs are
consistent with SBA’s Policy Directive.
Contracting officers are required to insert the applicable clauses
identified in 1819.7302 in all SBIR and STTR contracts.
1819.7302 NASA contract clauses.
(a) Contracting officers shall
insert the clause at 1852.219-80, Limitation on Subcontracting – SBIR Phase I
Program, in all Phase I contracts awarded under the Small Business Innovation
Research (SBIR) Program established pursuant to Pub.L. 97-219 (the Small
Business Innovation Development Act of 1982).
(b) Contracting officers shall
insert the clause at 1852.219-81, Limitation on Subcontracting – SBIR Phase II
Program, in all Phase II contracts awarded under the Small Business Innovation
Research (SBIR) Program established pursuant to Pub.L. 97-219 (the Small
Business Innovation Development Act of 1982).
(c) Contracting officers shall
insert the clause at 1852.219-82, Limitation on Subcontracting – STTR Program,
in all contracts awarded under the Small Business Technology Transfer (STTR)
Program established pursuant to Pub.L. 97-219 (the Small Business Innovation
Development Act of 1982).
(d) Contracting officers shall
insert the clause at 1852.219-83, Limitation of the Principal Investigator –
SBIR Program, in all contracts awarded under the Small Business Innovation
Research (SBIR) Program established pursuant to Pub.L. 97-219 (the Small
Business Innovation Development Act of 1982).
(e) Contracting officers shall
insert the clause at 1852.219-84, Limitation of the Principal Investigator –
STTR Program, in all contracts awarded under the Small Business Technology
Transfer (STTR) Program established pursuant to Pub.L. 97-219 (the Small
Business Innovation Development Act of 1982).
(f) Contracting officers shall
insert the clause at 1852.219-85, Conditions for Final Payment - SBIR and STTR
Contracts, in all contracts awarded under the Small Business Technology
Transfer (STTR) Program and in all Phase I and Phase II contracts awarded under
the Small Business Technology Transfer (STTR) Small Business Innovation
Research (SBIR) Program established pursuant to Pub.L. 97-219 (the Small
Business Innovation Development Act of 1982).
