
04-53
Procurement Notice
October 13, 2010
COMMERCIAL PURCHASE CARD PROGRAM
PURPOSE: This PN revises the NASA FAR Supplement (NFS) to update and expand upon policies and procedures for using the Governmentwide commercial purchase card and convenience checks.
BACKGROUND: The Governmentwide commercial purchase card
program has been in effect for over a decade.
During that time, both the use of the card and Federal guidance
affecting card use has expanded significantly.
Likewise, use of convenience checks has increased, and internal reviews
have revealed uses inconsistent with underlying authorities. As the purchase card program expands, it is
important to maintain effective internal controls to ensure proper use of
purchase cards, while maximizing benefits from the card. Internal controls are in place to prevent improper
use and waste, and are delineated in the NFS.
GUIDANCE: Contracting officers should follow this policy when requesting and issuing purchase cards or convenience checks, using the card or checks, and establishing and exercising proper internal controls over the use of the card or checks.
ACQUISITIONS
AFFECTED BY CHANGES: This policy
affects all procurements ordered or paid for with purchase cards or convenience
checks.
ACTION REQUIRED BY CONTRACTING OFFICERS: Follow this policy when using purchase
card or convenience checks.
CLAUSE CHANGES: None.
PARTS AFFECTED: Part 1813.
REPLACEMENT PAGES: You may use the enclosed pages to replace Part 1813 of the NFS.
TYPE OF RULE AND PUBLICATION DATE: These changes do not have a significant affect beyond the internal operating procedures of NASA and do not have a significant cost or administrative impact on contractors or offerors. Therefore they do not require codification in the Code of Federal Regulations (CFR) or publication for public comment.
HEADQUARTERS CONTACT: Marilyn E. Chambers, Contract Management Division; (202) 358-5154, email: marilyn.chambers@nasa.gov.
/s/
William P. McNally
Assistant Administrator for Procurement
Enclosures
DISTRIBUTION LIST:
PN List
PART 1813
SIMPLIFIED ACQUISITION PROCEDURES
TABLE OF CONTENTS
1813.000 Scope of part.
1813.003 Policy.
SUBPART 1813.1 PROCEDURES
1813.106 Soliciting competition, evaluation of quotations or offers, and
documentation.
1813.106-3 Award and documentation.
SUBPART 1813.3 SIMPLIFIED ACQUISITION METHODS
1813.301 Governmentwide commercial purchase card.
1813.301-70 Purchase card program participants and roles.
1813.301-71 Training
requirements.
1813.301-72 Requesting an
approving official or cardholder account.
1813.301-73 Delegation
of authority.
1813.301-74 Safeguarding the purchase card
and convenience checks.
1813.301-75 Required
file documentation.
1813.301-76 Prohibited
transactions.
1813.301-77 Strategic sourcing and
consolidating requirements.
1813.301-78 Priorities for use of
Government supply sources.
1813.301-79 Supporting Federal
policies, regulations, and NASA procedural
requirements.
1813.301- 80 Verification of
receipt and equipment tracking.
1813.301-82 Convenience
checks.
1813.301-83 Purchase card
internal controls.
1813.302 Purchase orders.
1813.302-1 General.
1813.302-570 NASA solicitation provisions.
1813.302-70 Purchase orders under section 8(a) of the Small Business Act.
1813.303 Blanket Purchase Agreements (BPAs).
1813.303-3 Preparation of BPAs.
1813.307 Forms.
PART 1813
SIMPLIFIED ACQUISITION PROCEDURES
1813.000 Scope of part.
FAR
Part 13 and 1813 do not apply to NASA
Research Announcements (NRA) and Announcements of Opportunity (AO). These acquisitions shall be conducted in
accordance with the procedures in 1835.016-71 and 1872, respectively. However, awards resulting from NRAs or AOs
that are to be made as procurement instruments can be made as either a contract
or a purchase order. When a purchase
order is used, it must not exceed the simplified acquisition threshold and must
include the appropriate clauses pertaining to data rights, key personnel
requirements, and any other requirements determined necessary by the
contracting officer. Contracting
officers must determine whether obtaining the contractor's acceptance of the
order is necessary (see FAR 13.302-3(a)).
1813.003 Policy.
(g) Acquisitions under these simplified acquisition procedures shall be fixed-price, except as provided under the unpriced purchase order method in FAR 13.302-2.
1813.106 Soliciting competition, evaluation of quotations or offers,
award and documentation.
(b) (3) (ii) For purchases up to $50,000, documentation shall be limited to a brief notation in the file indicating the rationale for selecting other than the lowest priced offer.
1813.301 Governmentwide commercial purchase card.
(a) The Governmentwide commercial purchase card
is the preferred method of ordering and paying for micro-purchases. Purchase cards shall be used for
micro-purchases, for eligible purchases, to the maximum extent
practicable. (See FAR Part 2 for the
current micro-purchase threshold.)
(b) (1) For
purchases above the micro-purchase threshold, purchase cards may be used by
cardholders, with the appropriate delegation of procurement authority, to make
payments against contracts, purchase orders, or orders under blanket purchasing
agreements (BPA). (See 1813.303-3(a)(4) for guidance on the use of purchase card
for placing individual orders under blanket purchase agreements.) Purchase cards may be used as a payment
mechanism up to the simplified acquisition threshold on established orders or
contracts.
(2) Use of the purchase card on orders above
the micro-purchase threshold does not relieve the cardholder from complying with all applicable statutory and regulatory
requirements, including, but not limited to, soliciting
competitive quotations, verifying price reasonableness, reserving for small
businesses, and reporting to the
Federal Procurement Data System (FPDS).
(3) This policy establishes the
minimum requirements for issuing, using, and internal controls on the use of
purchase card and convenience checks.
Center procurement officers may supplement these requirements when necessary to meet center-specific
requirements.
1813.301-70
Purchase card program participants and roles.
(a)
NPD 9070.2, Government Charge Cards, establishes internal controls for
the management, use, and continuous evaluation of all charge cards, including
air, fleet, travel, and purchase card.
The NPD identifies the responsibilities of NASA organizations and staff
involved in charge card use and management.
The key officials and offices responsible for purchase card management
are addressed below.
(b)
The HQ Office of Procurement establishes policy for the use of purchase
cards and the internal controls for the purchase card program.
(c) Agency
Program Coordinator (APC). The APC is a Government employee, located at
the NASA Shared Service Center (NSSC), who manages the purchase card program,
oversees and provides operational support to the Center/Agency Program
Coordinators (CAPC) as well as interfaces with the GSA Office of Charge Card
Management and the contractor bank.
(d)
Center/Agency Program Coordinators (CAPC). Each center shall have a CAPC who is a Government
employee appointed by the center procurement officer. The CAPC is responsible for overall management
of the center’s purchase card program. The CAPC is the liaison between the NASA
Center, the bank contractor, and the APC.
CAPCs are responsible for:
(1) Managing and overseeing their center’s
purchase card program;
(2) Providing operational support to cardholders
and approving officials;
(3) Conducting and documenting reviews of
cardholder and approving official activity as required by NASA's Purchase Card
Internal Review Guide for CAPCs;
(4) Managing cardholder and approving official
accounts and authorization controls;
(5) Ensuring that cardholders and approving
officials are fully trained and refresher requirements are met;
(6)
Issuing, suspending or canceling cards; and
(7) Maintaining a central record of all purchase
card delegations/accounts and their status: active, suspended, or
terminated. For terminated delegations,
the central record shall specify the reason for termination, e.g., for cause,
employee left NASA, transfer to another center, etc.
(e) The
approving official. The approving
official shall be a Government employee.
Approving officials are responsible for:
(1) Ensuring that cardholders safeguard their
cards and account numbers;
(2) Conducting
independent reviews of cardholder records and transactions to ensure
purchases are appropriate, authorized, for Government use only, and within the
cardholder’s delegated authority;
(3)
Reviewing their cardholders’ monthly transactions and approving them for
payment;
(4) Ensuring cardholder records are
well-documented and properly maintained;
(5) Taking disciplinary action against
cardholders in accordance with the NASA Desk Guide for Table of Disciplinary
Offenses, when appropriate;
(6) Ensuring all cardholder charges are either reconciled
and approved in P-Card Web Solutions or
disputed within 90 days;
(7) Reporting suspected misuse, fraudulent or
potentially fraudulent activity, to the CAPC and center Acquisition Integrity
Program official;
(8) Notifying the CAPC when the approving
official, personally, or a cardholder, will be on extended leave, has transferred
to another organization, is leaving NASA, or will no longer be an approving
official or cardholder.
(f) Every purchase cardholder shall have an
approving official. The approving
official shall be the cardholder’s supervisor. In no instances may a cardholder
be the approving official on his or her own card transactions. Approving
officials shall not have more than six cardholders reporting to them, unless a
waiver has been approved by the center procurement officer. Approving officials
must have direct knowledge of their cardholder’s transactions and the ability
to verify receipt of the purchases made by his or her cardholders
(g) Alternate approving officials shall be
appointed to approve purchases when the primary approving official is
unavailable, such as when on leave or travel.
The CAPC may approve cardholders’ transactions on behalf of an approving
official, in order to meet reconciliation deadlines, so that prompt payment may
be made. In these cases, the CAPC shall
document the reason for approving on
behalf of the approving official. The
CAPC shall document the transactions
approved and provide a copy of this documentation to the approving
official. CAPC approval of transactions
shall only be used as a last resort, on a temporary basis. The cardholder/approving official’s management
is responsible for ensuring approving officials are available to review and
approve cardholder transactions within their organizations.
(h) Cardholders.
Cardholders must be Government employees. Cardholders are responsible for using their
cards ethically and in accordance with Federal and NASA policy and regulation
for purchases in support of NASA mission requirements or institutional
operations. Cardholders shall:
(1) Safeguard the card and card number;
(2) Create an order log within P-Card Web
Solution prior to ordering;
(3) Comply with all dollar limits on purchases,
both single and monthly;
(4) Use the card only to make informed buys of
approved supplies and services;
(5) Maintain all necessary documentation to
support their purchase decision;
(6) Reconcile or dispute transactions promptly;
(7) Promptly notify the CAPC when they will be
leaving their organization, leaving NASA,
on extended leave, or no longer
using the card;
(8) Promptly report lost or stolen cards to the
contractor bank and CAPC; and
(9)
Report suspected misuse or fraudulent activity to the CAPC and center
Acquisition Integrity Program official;
1813.301-71 Training requirements.
(a) To obtain an approving official or cardholder
account, employees, including warranted
contracting officers, shall complete the on-line NASA Purchase Card Training
Course and the NEACC1035 Bankcard Purchases and Desktop Receiving Course,
available in SATERN. To maintain their
accounts, cardholders and approving officials shall complete the NASA Purchase
Card Training Course every three years after completing the initial course.
(b)
Employees applying for approving official or cardholder accounts must
have completed the required purchase card training within the previous twelve
months, if they have not been an approving official or cardholder within that
time period.
(c)
Failure to complete the required refresher training in a timely manner
will result in suspension of cardholder or approving official accounts. When an approving official account is
suspended, any cardholder accounts under that approving official will also be
suspended, unless there is an alternate approving official is available.
(d)
Except as provided in the NASA Procurement Career Development and
Training Policy, cardholders with procurement authority over the micro-purchase
threshold must be warranted contracting officers. See the Policy for exceptions concerning BPA
call ordering officers and cardholders with authority limited to procuring
emergency goods and services. This
policy may be viewed or downloaded from the NASA Procurement Library at http://prod.nais.nasa.gov/portals/pl/index.html.
(e)
For the latest information on the NASA purchase card program, CAPCs,
cardholders, and approving officials are encouraged to visit the NASA Purchase
Card web site at https://www.nssc.nasa.gov/portal/site/customerservice/menuitem.32979cf15b1a4060e736da100788576c/
1813.301-72.
Requesting an approving official or cardholder account.
(a) Requests for new
cardholders or approving official accounts shall be submitted to the CAPC from
the proposed cardholder or approving official’s supervisor. The CAPC will review the account request and,
if the required documentation is complete, the CAPC will recommend to the
center procurement officer or deputy procurement officer that a delegation of
authority be issued.
(b) The following information/documentation is
required before an account may be opened:
(1) Nominee(s)’ name(s) and organization;
(2) Certification that the nominee has
completed the required training, understands the regulations and procedures,
and knows the consequences of inappropriate actions;
(3)
The requested single purchase limit and monthly spending limit;
(4)
A justification for waiver of the required ratio, if proposing to exceed the
6:1 ratio of cardholders to approving officials; and
(5)
Identification of whether the cardholder will have continuity of operation
(COOP) or emergency response responsibilities.
(c) Individuals
shall not be delegated single purchase authority over the micro-purchase
threshold unless they are warranted contracting officers, blanket purchase
agreement (BPA) call ordering officers, or responsible for continuity of
operation (COOP) or emergency response activities.
(d) The total number of cardholders within
an organization shall be limited to ensure that appropriate oversight is
maintained to avoid card misuse. The
ratio of cardholders to approving officials within an organization shall be no
more than 6:1 unless waived by the procurement officer. A request to waive the 6:1 ratio must be
submitted in writing and include: the name
of approving official, list cardholders proposed to be assigned to that
approving official, and a rationale for why the waiver should be granted. The number of cardholders assigned to an approving
official should be reasonable, considering the volume of cardholder activity
and the organizational structure. The
request will be considered in light of the following: proposed cardholder to approving official
ratio; volume of usage of all cards assigned to that approving official; review
of the approving official and cardholders’ record of reconciliation timeliness,
CAPC audit records, and physical location(s) of cardholders and approving
official.
1813.301-73 Delegation of authority.
The procurement officer or deputy procurement officer shall delegate cardholder or
approving official authority only to qualified Government employees. The delegation shall be in writing,
specifying the duties and responsibilities of the cardholder or approving
official. For cardholders, the delegation shall specify the single purchase
limit, monthly spending limit, and the name of the cardholder’s approving
official. Cardholders and approving
officials within the procurement organization, even those who already have
contracting officer warrants, shall be issued a separate delegation for their
cardholder or approving official authority.
1813.301-74 Safeguarding the purchase card
The purchase card is
issued to specific individuals for their official use. The employee, whose name is embossed on the
card, is the custodian and sole authorized user. Cardholders shall not allow anyone else to
use their cards, or account number. It
is the cardholder’s responsibility to safeguard the purchase card and account
number at all times. When not in use,
the card shall be kept in a safe, locked drawer, or other adequate facility for
securing the card.
1813.301-75 Required file documentation.
(a) Cardholders shall create an order log in the
NASA on-line P-Card Web Solution system to record their orders and ensure that
adequate funds are available before ordering.
The system order log records the funding information so that funding
necessary for completion of the purchase can be committed. Cardholders
shall use the order log to record information regarding the items ordered, such
as a description, quantity, unit price and total value.
(b) In addition to the information entered in the order log,
other supporting documentation, such as receipts, order confirmations, vendor
invoices (if provided), necessary expense justifications, or documentation of
any problems, disputes, or unusual circumstances surrounding an order shall be
kept in the purchase card files.
Purchase card files must be kept current and be readily available for
examination. Purchase card files belong
to the cardholder’s organization and must be maintained by that organization
after the cardholder or approving official leaves. The order log and supporting documentation is
subject to audit by the NASA officials designated in NPR 9070.2 as well as the
Government Accountability Office and other external organizations.
(c) Purchase card
files are official Agency records and shall comply with Agency and Federal
record keeping requirements. (See NPR
1441.1 National Records Management Program and FAR 4.805(b) for applicable
guidance.)
1813.301-76 Prohibited transactions.
All Agency cardholders are prohibited from using the card for:
(a)
Cash advances;
(b)
Prepaid gift or cash cards;
(c)
Individual travel-related expenses, such as per diem, lodging, and
transportation; or
(d)
Gasoline, oil, or similar items for Government-owned fleet vehicles.
1813.301-77 Planning to avoid
splitting orders and strategic sourcing.
(a) To the maximum extent possible,
cardholders shall plan their orders to combine requirements in order to qualify
for volume discounts and to realize administrative savings. Cardholders shall not split known
requirements to circumvent single purchase limits or to avoid procurement
regulations, such as the Davis-Bacon Act, the Service Contract Act, or
competition thresholds. It is improper
for cardholders or approving officials to take large requirements that are
clearly known in advance and break them into smaller requirements to be
acquired over time through a series of purchase card orders either by a single
cardholder or a number of cardholders.
(b)
Office of Management and Budget Circular A-123, Appendix B requires each
agency to use strategic sourcing to the maximum extent. Cardholders shall support Agency and center
strategic sourcing initiatives when placing purchases.
1813.301-78 Priorities for use of mandatory Government sources.
FAR Part 8.002 lists priorities for use of
Government supply sources. Cardholders
shall satisfy requirements for supplies and services from the following
sources, listed below in descending
order of priority, before ordering from a commercial vendor:
(a) In accordance with NPR 4200.1, Equipment
Management, cardholders are responsible for determining, with assistance from
the local Personal Property Disposal Officer, whether equipment is available
from Agency inventory or excess from other agencies before purchasing new
items.
(b) Federal Prison Industries, Inc., also referred to as UNICOR, is not mandatory
for orders of $3,000 or less. See FAR Subpart 8.6 concerning orders over
$3,000.
(c) Products available from Ability One and
National Industries for the Blind (NIB) found on the Internet at www.abilityone.com.
1813.301-79 Supporting Federal policies, regulations, and
NASA procedural requirements.
Cardholders are responsible for compliance with Federal policies,
regulations, and NASA procedural requirements when placing orders, by following
the procedures listed below.
(a) Obtain Special Approvals. There are a variety of Federal regulations
and NASA Procedural Requirements (see PIC 10-14) that require the cardholder to
obtain special approvals before placing an order for certain items. These
approvals shall be documented in the cardholder’s files. Acceptable documentation includes purchase
requests, e-mails, or blanket authorizations from cognizant officials, such as
the Office of General Counsel.
(b)
Place Orders with Responsible Businesses.
Contractors debarred, suspended, or
proposed for debarment are excluded from receiving orders. Cardholders shall review the Excluded Parties List
System at http://epls.arnet.gov to ensure that no award is made to a listed contractor. While use of
electronic commerce is strongly encouraged, cardholders shall ensure all
on-line purchases are made only through secure web sites of responsible
businesses.
(c) Distribute Purchases Equitably. FAR 13.202(a)(1) states, to the extent
practicable, cardholders shall distribute purchases equitably among qualified
sources. This does not apply to orders
placed with required sources, e.g., AbilityOne.
(d)
Use Small Businesses. Cardholders
are encouraged to order from small businesses whenever possible.
(e) Comply with Section 508 of
the Rehabilitation Act. Section 508 of the Rehabilitation Act (29 U.S.C. 749d) was
enacted to ensure that Federal employees and members of the public with
disabilities have access to the Federal Government's Electronic &
Information Technology. Purchase card orders for electronic and
information technology items must comply with the requirements of Section
508. For more information about Section 508 requirements, see Procurement
Information Circular 05-01.
(f) Purchase sustainable products. As required by FAR Part 23 and NPR 8530.1,
cardholders shall purchase environmentally preferable products
which are energy-efficient, biobased, or contain recovered materials unless the
product cannot be acquired—
(i) Within
a reasonable time frame;
(ii)
Meeting reasonable performance standards; or
If the
cost of the item is above the micro-purchase threshold, the cardholder must
have a waiver from the facility environmental manager before placing the
order. See NPR 8530.1 concerning the
waiver process. If the cost of the item
is below the micro-purchase threshold, the cardholder shall note in the order
log the reason an environmentally preferable product was not purchased. The Environmental Protection Agency’s
Comprehensive Procurement Guideline (CPG) lists products containing recovered
materials at http://www.epa.gov/wastes/conserve/tools/cpg/products/index.htm A searchable database of United Stated
Department of Agriculture-designated biobased products is available at http://www.catalog.biopreferred.gov/bioPreferredCatalog/faces/jsp/catalogLanding.jsp
. For a list of ENERGY STAR® qualified products,
see http://www.energystar.gov/products.
(g)
Enforce tax exempt status.
Cardholders shall remind vendors that orders are for the U.S. Government
and are tax exempt. If a vendor insists on charging tax, the cardholder should
not place the order unless there is no alternative. If taxes are paid, the cardholder shall enter
this as a separate line item within the purchase order log and explain why
taxes were paid in the “comments” section.
1813.301- 80
Verification of receipt and equipment tracking.
(a) For
all items over $500, cardholders shall obtain 3rd party (other than the
cardholder or the approving official) independent verification that the item
ordered has been received. This may be
accomplished in a variety of ways, including, but not limited to, having the
recipient of the item verify receipt with a signature or initials on the sales
invoice, packing slip, bill of lading, or any other shipping or receiving
document, or an e-mail from the receipt verifying delivery; having the property
official tag the item, etc. Verification
of receipt shall be documented in the cardholder’s records.
(b) Cardholders are
responsible for coordinating with their organization’s property official to
ensure that any accountable, sensitive personal, or hazardous property the
cardholder orders is correctly received, tagged, recorded, and brought under
control. All cardholders and approving
officials shall ensure purchases made with the card comply with NPR 4200.1,
Equipment Management, and any local property requirements.
1813.301-81 The Reconciliation
and dispute process.
(a)
NPR 9631.1, Appendix B, lists the responsibilities of the cardholder and
the approving official in the reconciliation of purchase card
transactions. These steps shall be followed
to ensure proper payment is made for appropriate transactions. Cardholders are responsible for disputing any
improper charges.
(b)
Typically, disputes occur because the order was not received or only
partially received, is unacceptable, or the charge is unauthorized or
duplicative. Before initiating a dispute
through the contractor bank, cardholders shall contact the vendor in question
and attempt to resolve the issue either by obtaining a replacement item or
credit where appropriate. If an item
bought with the card is returned, the supplier must credit the card account. It
is the cardholder's responsibility to follow up with the suppliers to ensure
credits are received. If the cardholder
cannot resolve the issue with the vendor, then the cardholder shall dispute the
transaction with the bank contractor via the bank’s electronic access system or
by faxing the dispute form to the bank.
Cardholders must dispute a transaction within 90 days from the
transaction date. Promptly disputing
items is a protection against fraud and misuse of the card. Cardholders, approving officials, or both may
be required to reimburse the Government for any unauthorized or erroneous
purchase card transactions that were not disputed.
(c)
Sales tax, convenience check charges, and purchases processed through
third party payment systems, such as PayPal, cannot be disputed through the
contractor bank. The cardholder is
responsible for resolving problems with the vendor involving these charges.
1813.301-82
Convenience checks.
(a) The Debt
Collection Improvement Act of 1996, as implemented by 31 CFR Part 208, requires
that all Federal payments must be made by electronic funds transfer (EFT). The Department of the Treasury has ruled that
convenience checks are not electronic funds transfer (EFT) compliant and
therefore cannot be used unless they meet the waiver conditions detailed in the
Act. Convenience checks are a
procurement tool which must only be used as a last resort, in limited
circumstances, and in compliance with the Act.
(b) Convenience checks may be used only where--
(1) Payment is to a recipient within an area
designated by the President or an authorized agency administrator as a disaster
area. This use is limited to payments made within 120 days after the disaster
is declared. (See FAR Part 18, Emergency
Acquisitions, for additional information.)
(2) The need for goods and services is of such
unusual and compelling urgency that the Government would be seriously injured
unless payment is made by a method other than electronic funds transfer; or
where there is only one source for goods or services and the Government would
be seriously injured unless payment is made by a method other than electronic
funds transfer.
(3) The Agency
does not expect to make more than one payment to the same recipient within a
one-year period, i.e., the payment is non-recurring, and the cost of making the
payment via electronic funds transfer exceeds the cost of making the payment by
check.
(c) In addition to the limitations above,
convenience checks shall not be used for –
(1) Transactions where the vendor will accept the
purchase card;
(2) Transactions where another method of
acquisition, e.g., purchase orders, contracts, etc., could be used;
(3) Employee reimbursements;
(4) Cash advances;
(5) Salary payments, cash awards, or any
transaction processed through the payroll system; or
(6) Travel-related transportation tickets, meals
or lodging related to employee travel.
Check writers must document the specific circumstances
justifying the use of the check. Any use
of the checks which does not fall in one of the exceptions listed in (b) above
is prohibited.
(d) Not all
cardholders are eligible for convenience check writing authority. This authority must be requested in writing
from the cardholder’s approving official to the Procurement Officer. The request must document the items or types
of items which warrant use of the check in accordance with the limitations set
forth in paragraph (b). If the need is
established, the Procurement Officer will issue a written delegation of
authority to maintain and use convenience checks to the cardholder.
(e) Delegations for
check writing authority shall be issued separately from cardholder
delegations. The delegation letter shall
specify the single purchase limit per check, the monthly spend limit, the
internal controls required over the checks, e.g., tracking checks numbers,
safeguarding checks, etc. The single
purchase limit for checks shall not exceed the micro-purchase threshold. A copy of the delegation letter shall be
sent to the approving official.
(f) Once the
delegation is approved, the CAPC will order checks for the cardholder. Convenience checks will be printed with the
check writer’s name and shall only be used by that person. The CAPC shall keep a record of all check
numbers issued to each authorized user.
Each individual authorized to use
convenience checks must comply with internal controls, which include tracking each
check by number, safeguarding the checks, and closely overseeing that the
checks are used properly. The
destruction of any checks, e.g., because they were voided or the cardholder
left the organization, must be documented by the approving official. Cardholders shall keep a register of all the
checks issued to them, by number, and their disposition. The approving official shall conduct a
quarterly physical inventory of the checks.
The cardholder shall store convenience checks in a locked container,
such as a safe or locking filing cabinet.
(g) Checks must be
used in sequential order. Each
convenience check must be entered in a check register and P-Card Web Solution
system order log for tracking purposes. To document that a check was used, the
check writer shall type “CC,”(for convenience check) and the check number in
the “supplier field” of the P-Card Solution Order Log. The check fee shall be entered as a separate
line item in the log. At a minimum, the
following information must be entered on each check:
(1) A date, spelled out (e.g., October 30, 2008).
Checks shall not be pre- or postdated;
(2) The name of the payee. Under no circumstances
may convenience checks be issued to “cash” nor can the payee line be left
blank. Checks shall not be issued to “self,” the check writer or the approving
official;
(3) The amount of the convenience check shall be
written in the spaces provided in numbers and words; e.g., one hundred
twenty-six dollars and 39/100 in the applicable space; and
(4)
An original signature.
(h) Convenience checks
shall be written only for the exact amount of the purchase. Cardholders shall not split purchases into
smaller units to circumvent their single purchase limit. The cardholder shall note in the log the date
the check was issued and how it was issued, i.e., handed to the recipient or
mailed.
(i) The cardholder may
stop payment on a convenience checks by calling the contractor bank’s customer
service representative. The customer
service representative will review the account to see if the convenience check
has already posted. The bank must stop
payment on a convenience check within 24 hours of notification. Additionally, the APC or CAPC can stop
payments on checks in the PaymentNet system.
If a convenience check has been cleared through the banking process,
payment cannot be stopped.
(j) Cardholders shall
reorder checks in writing through their CAPC with a copy to their approving
official. CAPCs, cardholders, and their
approving officials are responsible for tracking each check number the
cardholder is issued and how it is used.
When the cardholder is leaving the organization or will not be using the
checks, the cardholder shall return any unused checks to the CAPC. The approving official shall ensure that return
of the checks to the CAPC is documented.
(k) Cardholders are
required to contact the contractor bank’s customer service department, their
approving official, and their CAPC within 24 hours to report incidents of lost
or stolen convenience checks. Because the account information may have been
compromised, the account will be closed.
A new account number will be assigned and new convenience checks will be
issued.
(l) Copies of posted
convenience checks are retained on file with the contractor bank for three
years. The contractor bank’s electronic
access system has electronic images of processed checks available for viewing
at any time. The bank will provide hard
copies of processed convenience checks upon request. Original convenience checks are not returned.
(m) The Internal
Revenue Service (IRS) requires that information be collected for reporting
income to the IRS when a convenience check is used for certain purchases. When checks are written to individuals for
services, the cardholder must collect certain tax information. For IRS Form 1099 reporting, cardholders
shall collect and record the following information:
(1) Full, legal
name;
(2) Complete
business address (street, city, zip); and
(3) Tax identification
number for a business or social security number for an individual.
The cardholder shall provide this information to the CAPC
upon request. Failure to file a correct
IRS Form 1099 by the due date may result in the IRS imposing a penalty on NASA. Consequently, cardholders must assure that
the necessary information is recorded and provided to the CAPC in a timely
manner.
(n) The convenience
check transactions will appear on the cardholder’s monthly statement and the
monthly transaction file within P-Card Web Solution. Transactions shall be reconciled within five
working days of receipt of the statement.
No dispute process is available through the contractor bank with the
convenience check. Any concerns over a
purchase made with a convenience check must be resolved directly by the
cardholder with the merchant. The Agency
will be responsible for paying convenience checks that are signed by the
cardholder and posted to their account.
The approving official shall ensure that the cardholder promptly
resolves any billing discrepancy with the merchant. The reconciled transactions shall be
reviewed and approved by the approving official within the P-Card Web Solution
system.
(o) If fraud is
suspected, the cardholder shall contact the contractor bank to initiate an
investigation and immediately notify their CAPC. See 1813.301-83(h).
1813. 301-83
Purchase card internal controls.
(a)
Oversight of the Purchase Card Program is accomplished on two levels:
individual and organizational. Oversight of individual transactions ensures the
card is used appropriately and items acquired are authorized in accordance with
NASA and Federal policy. Organizational
oversight helps analyze spending data, identify systemic problems and
vulnerabilities, and combat fraud, waste, or mismanagement. Consistent and vigilant oversight is the
responsibility of everyone involved in the program.
(b)
Cardholder Oversight. Cardholders
play a vital role in ensuring the card is properly used. Before placing orders, cardholders must
evaluate each request to ensure that the requirement complies with Federal and
Agency acquisition and appropriation rules.
Cardholders should discuss any inappropriate or questionable requests with
the originator. If concerns or doubts
still remain, cardholders must promptly
raise the issue with their approving official, CAPC, or other official, as
appropriate. Cardholders must diligently
review their monthly statements, reconcile their transactions within five
working days and dispute any erroneous charges within 90 days.
(c)
Approving Official Oversight. Approving
officials are responsible for conducting personal and detailed reviews of their
cardholders' transactions to ensure compliance with all applicable regulations,
policy, special approvals, and purchase card procedures. This includes, but is not limited to: ensuring special approvals are documented as
well as reviewing purchase card logs and transaction reports.
(1)
Every six months, the approving official shall conduct a transaction
volume analysis of their cardholders to ascertain whether:
- all cards under their account are
needed,
- more cardholders are needed, based
on order volume, and
- current cardholders’ monthly limits should be
adjusted to handle the volume and complexity of transactions.
(d) CAPC
Oversight. CAPCs shall perform oversight
as specified in the Purchase Card Internal Review Guide for CAPCs. The Guide is posted on the Purchase Card web
site at https://www.nssc.nasa.gov/portal/site/customerservice/menuitem.32979cf15b1a4060e736da100788576c/. Completion of the reviews and any findings
shall be reported to the APC with CAPC’s input to the NASA Purchase Card
Quarterly Report which is submitted by the APC to the Office of Management and
Budget.
(e)
Center Self-Assessment and Procurement Management Reviews. Each Center must address their plans for
oversight of their purchase card program in the Center Self-Assessment
Plan. The plan must address the areas
required in OMB Circular A-123, Appendix B.
(f)
Office of Procurement. The Office
of Procurement conducts purchase card reviews as a part of each center’s
scheduled Procurement Management Reviews.
(g)
Oversight from Other Organizations.
(1)
The Office of the Chief Financial Officer (OCFO) will review purchase
card transactions and any supporting documentation as deemed necessary for
compliance with fiscal policy.
Additionally, other NASA organizations may review purchase card
transactions for compliance with NASA procedural requirements. OCFO reviews must be coordinated with the APC
and the cognizant analyst from the HQ Office of Procurement, Analysis Division
(2)
Other organizations, such as the Office of Inspector General (OIG),
Government Accountability Office (GAO), or Office of Management and Budget
(OMB) may be involved in purchase card reviews.
These reviews shall be coordinated with cognizant HQ Office of
Procurement analyst and the APC. The APC
will cooperate with these organizations to ensure that information is shared,
irregularities are identified and investigated, fraud and abuse are eliminated
or prosecuted, and suggested program
enhancements in the oversight area are considered for development and implementation.
(h) Reporting suspected fraud. Complaints of fraud, waste, and abuse,
including mismanagement or violations of law, rules, or regulations in NASA
programs and operations by NASA employees or program participants may be
reported to the Acquisition Integrity Program within the Office of General
Counsel. Confidential reports may also
be made by contacting the OIG. See http://www.hq.nasa.gov/office/oig/hq/hotline.html for OIG
hotline information.
(g) Cardholders who misuse the card, or
approving officials who advise or order a cardholder to misuse the card, may be
subject to immediate cancellation of their account, pecuniary liability, and
disciplinary action. Potential
disciplinary actions, notwithstanding the outcome of any applicable criminal
proceedings, range from written reprimand, to suspension or removal as set
forth in the NASA Desk Guide for Table of Disciplinary Offenses issued by the
Office of Human Capital Management.
(h) CAPCs, in
coordination with their Procurement Officers, may suspend or cancel cardholder
or approving official accounts in the following instances:
(1) Failure to
timely reconcile or approve monthly
statements;
(2) Failure to
maintain required training;
(3) Misuse of the
purchase card (e.g., acquiring prohibited items/services, splitting
acquisitions, allowing others to use the purchase card); or
(4) Failure to
follow file documentation requirements--see 1813.301-75.
(i) If any employee knowingly uses the card for
unapproved or unofficial purposes such action may be considered as an attempt
to commit fraud against the Government. The
cardholder is held personally liable to the Government for the amount of any
unapproved purchases and may be subject to a fine of not more than $10,000 or
imprisonment for not more than five (5) years or both under 18 U.S.C. 287,
False Claims, and related fraud criminal codes.
1813.302 Purchase orders.
1813.302-1 General.
(a) See 1813.003(g).
1813.302-570 NASA solicitation provisions.
(a)(1) The contracting officer may use the provision at 1852.213-70, Offeror Representations and Certifications—Other Than Commercial Items, in simplified acquisitions exceeding the mircro-purchase threshold that are for other than commercial items. This provision shall not be used for acquisition of commercial items as defined in FAR 2.101.
(2) This provision provides a single, consolidated list of certifications and representations for the acquisition of other than commercial items using simplified acquisition procedures and is attached to the solicitation for offerors to complete and return with their offer.
(i) Use the provision with its Alternate I in solicitations for acquisitions that are for, or specify the use of recovered materials (see FAR 23.4).
(ii) Use the provision with its Alternate II in solicitations for the acquisition of research, studies, supplies, or services of the type normally acquired from higher education institutions (see FAR 26.3).
(iii) Use the provision with its Alternate III in solicitation which include the clause at FAR 52.227-14, Rights in Data—General (see FAR 27.404(d)(2) and 1827.404(d)).
(b) The contracting officer may insert a provision substantially the same as the provision at 1852.213-71, Evaluation—Other than Commercial Items, in solicitations using simplified acquisition procedures for other than commercial items when a trade-off source selection process will be used, that is, factors in addition to technical acceptability and price will be considered. (See FAR 13.106.)
1813.302-70 Purchase orders under section 8(a) of the Small Business Act.
Purchase orders made using simplified acquisition procedures are authorized for 8(a) acquisitions under the simplified acquisition threshold.
1813.303 Blanket Purchase Agreements (BPAs)
1813.303-3 Preparation of BPAs.
(a)(4) Non-GS-1102 or -1105 personnel shall
not be authorized to place individual orders under a BPA in an amount greater
than $5,000. For sole source orders
above $2,500, a contracting officer’s determination is required in accordance
with FAR 13.106-1(b)(1).
1813.307 Forms.
(b) Installations may use locally prescribed forms.
(c) Installations may use locally prescribed forms.
(d) The SF 44 may be used for purchases of aviation fuel and oil of $10,000 or less.