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04-71

Procurement Notice


May 10, 2012

REVISION TO NFS CLAUSE MATRIX

 

PURPOSE:  To update and add new data elements to the NFS clause matrix at 1852.301.

 

BACKGROUND:  Generally, the NFS Clause matrix follows the format used at FAR 52.301, Solicitation provision and contract clauses (matrix).  The NFS matrix also includes additional information on whether the clause may be modified or used “substantially the same as” (as defined in FAR Part 2), whether the clause requires text to be filled-in by the contracting officer, and (a new feature) whether there is an approved deviation to the clause.  The contract types listed in the NFS Matrix were revised to match the clause templates in NASA’s contract writing tool, the Contract Management Module (CMM).  A column was added for commercial item (see FAR Part 12) contract actions.  The columns for utilities, dismantling, demolition, or removal of improvements, and facilities contracts were removed as these contract types are not included in the CMM clause templates.

 

Three issues should be noted.  First, the clauses checked under the commercial item column reflect the current list of approved NFS clauses listed at 1812.301(f)(1).  The CO may add other clauses to commercial item actions if the procedures at 1812.302, Tailoring of provisions and clauses for the acquisition of commercial items, are followed.

 

Second, most NFS clauses may be incorporated by reference (IBR).  FAR 52.102, Incorporating provisions and clauses, explains when clauses must be used in full text.  FAR 52.104(d) states, when completing blanks in provisions or clauses incorporated by reference, insert the fill-in information directly below the title of the provision or clause identifying to the lowest level necessary to clearly indicate the blanks being filled in.  Nonetheless, COs may choose to have an IBR clause used in full text at their discretion.

 

Third, this matrix is a guide and does not provide sufficient information to determine the applicability of a provision or clause in the “applicable” and “optional” categories.  The use of many clauses is not based on contract type alone, but also varies depending on commodity or service, dollar amount, and conditions of the contract.   Refer to the NFS text (cited in the matrix) that prescribes its use. 

 

This revised NFS Matrix reflects how the clauses are loaded in CMM, e.g., the UCF sections, the contract type, and so forth.  Questions concerning whether a clause is appropriately listed in the NFS Matrix should be referred to the HQ analyst assigned the corresponding Part of the NFS.  If changes to the NFS matrix are necessary, the analyst will arrange for the revision.  Any changes needed in CMM will be made after the NFS matrix has been updated.

 

ACQUISITIONS AFFECTED BY CHANGES:   None.

 

ACTION REQUIRED BY CONTRACTING OFFICERS:  None.

 

CLAUSE CHANGES:  No clauses or clause prescriptions were affected by this change.

 

PART AFFECTED:  Subpart 1852.301 Clause Matrix.

 

TYPE OF RULE AND PUBLICATION DATE:   This change does not have a significant impact beyond the internal operating procedures of NASA and does not have a significant cost or administrative impact on contractors or offerors, and therefore does not require codification in the Code of Federal Regulations (CFR) or publication for public comment.

 

HEADQUARTERS CONTACT:  Leigh Pomponio, Contract Management Division,  202-358-0592, leigh.pomponio@nasa.gov.

 

            /s/

William P. McNally

Assistant Administrator for Procurement

 

Enclosure

 

DISTRIBUTION LIST:

  PN List