Procurement Notice 89-77 NASA logo

89-77
Procurement Notice


(March 13, 1996)

MISCELLANEOUS CHANGES TO THE NASA FAR SUPPLEMENT

PURPOSE:

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

BACKGROUND:

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.

REGULATION:

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

REPLACEMENT PAGES:

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.

REGULATORY COMPLIANCE:

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

EFFECTIVE DATE:

This PN is effective as dated, and shall remain in effect until cancelled or superseded.

HEADQUARTERS CONTACT:

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

Anne Guenther Director, Contract Management Division

Enclosures (hard copy of PN only)

DISTRIBUTION: NFSD List