Procurement Notice 89-77 NASA logo

Procurement Notice

(March 13, 1996)



To revise NASA policies on promotion of compliance with current Federal-wide policies on Government property, revision of headings, and delegation of authority.


Section 1837.204 is added to delegate authority to make the determinations of nonavailability of personnel under FAR 37.204 (FAC 90-33, Item II, 60 FR 49720 and 49723, 9-26-95). In addition, section 1815.413-2 is revised, in the context of FAR 37.203 and 37.204, to refer to the determinations to be made under the new section 1837.204.

To promote compliance with Federal-wide policy, a reference is added in 1815.970(b) to the policy under FAR 45.3023(c) on excluding the cost of facilities when contracting officers calculate a profit or fee objective prior to contract negotiation.

The prescription is revised in 1815.7002 for the ombudsman clause in order to remove the reference to Section L of the solicitation. The clause matrix has been revised to instruct contracting officers to place the clause in Section I which is more appropriate for information that may be useful before and after contract award.

Section 1816.505 is added (per FAC 9033, Item III, 60 FR 49723, 9-26-95) on task and delivery order contracts in order to enable persons to identify the appropriate NASA ombudsman.

In order to conform to changes in the FAR made by FAC 90-32, Item V (60 FR 48206, 9-18-95), headings are changed in part 1819.

This rule increases from $25,000 to the "simplified acquisition threshold" the dollar amount at which the Safety and Health clause of 1852.223-70 is automatically included in construction contracts and subcontracts. Regardless of dollar amount, the clause is included when there are known hazards.

This rule removes paragraph (b) of 1835.003 which refers to a NASA Management Instruction entitled Recoupment Policy for the Sale, Use, Lease, or Other Transfer of NASA-Developed Technologies. The NASA Management Instruction has being canceled because we know of no occasion where the policy has been used by NASA to recoup R&D or other nonrecurring costs.

Section 1852.227-15 is redesignated as 1852.227-17 because the section provides a paragraph to be added to the basic clause at FAR 52.227-17.


Parts 1815, 1816, 1819, 1823, 1827, 1835, 1837 and 1852 are amended as set forth in the enclosed replacement pages to the NFS.


You may use the enclosed pages to replace 15:5, 15:6, 15:7, 15:8, 15:17, 15:18, 15:23, TOC 16:1, 16-5:1 (Added), TOC 19:1, TOC 19:2, 19-5:1, 19-5:2, 19-7:1, 23-70:1, 23-70:2, 23-70:3, 27:13, 27:14, 35:1, 35:2, TOC 37:1, 37:3, 37:4, 35:5 (Added),TOC 52:1, TOC 52:2, 52-45, 52-46, 52-50.1, 52-50.2,52-109, 52-110, 52-113, 52-114, 52-115, 52-116, 52-117, and 52-118 of the NFS.


This PN has been published as final rule in the Federal Register (61 FR 5312-5315, February 12, 1996).


This PN is effective as dated, and shall remain in effect until cancelled or superseded.


David K. Beck, Code HK, (202) 358-0482.

Anne Guenther Director, Contract Management Division

Enclosures (hard copy of PN only)