97-101
Procurement Notice
July 27, 2004
REPRESENTATIONS AND CERTIFICATIONS – OTHER THAN COMMERCIAL
ITEMS AND MISCELLANEOUS ADMINISTRATIVE REVISIONS
BACKGROUND:
NASA has modified its current practice for issuance and maintenance of
the NASA FAR Supplement (NFS) by only publishing in the Federal Register those
regulations which may have a significant effect beyond the internal operating
procedures of the Agency or have a significant cost or administrative impact on
contractors or offerors and are subject to public comment. The NFS will continue to integrate into a
single document both regulations subject to public comment and internal Agency
guidance and procedures that do not require public comment. The single official NASA-maintained version
of the NFS is available on the Internet.
NASA personnel must comply with all regulatory and internal guidance and
procedures contained in the NFS.
The periodic review of the NFS conducted in concert with the
above new practice identified various administrative and editorial
changes. In addition to the changes
required for completeness and understanding of regulatory text, editorial and
administrative changes are made to internal guidance and procedures to update
document references and titles and organizational designations.
Finally, FAC 2001-23 corrected an ambiguity in the
definition of service-disabled veteran-owned small business (SDVOSB)
concern. Consistent with the FAR
clarification 1852.213-70 is revised to reflect the change in definition of
SDVOSB.
ACQUISITIONS AFFECTED BY CHANGES: The change to 1852.213-70 affects all
non-commercial acquisitions between $2,500 and $100,000.
ACTION REQUIRED BY CONTRACTING OFFICERS: Use the revised provision 1852.213-70,
Offeror Representations and Certifications—Other Than Commercial Items, in all
non-commercial solicitations between $2,500 and $100,000 issued after July 27,
2004.
CLAUSE CHANGES: 1852.213-70, Offeror Representations and Certifications – Other
Than Commercial Items, is amended by revising the date to JULY 2004 and in
paragraph (a), revising paragraph (1)(ii) of the definition of
“Service-disabled veteran-owned small business concern.’
PARTS AFFECTED: Parts 1842, 1845, 1846, 1847, 1850, 1851, and 1852.
REPLACEMENT PAGES: You may use the enclosed pages to replace 42:9, 42:10, 42:11,
42:12, 45:5, 45:6, 45:11, 45:12, 46:1, 46:2, 46:9, 46:10, 47:1, 47:2, Part
1850, 51:3, 52:9, and 52:10 of the NFS.
TYPE OF RULE AND PUBLICATION DATES: These changes were published as final rules
in the Federal Register (69 FR 44609 - 44611) on July 27, 2004.
HEADQUARTERS CONTACT: Celeste Dalton, Code HK, (202) 358-1645,
email: Celeste.M.Dalton@nasa.gov.
James A. Balinskas
Director, Contract Management Division
Enclosures
(b) If
deductions are in excess of contractor claims, recovery may be made through a
direct refund from the contractor, in the form of a check payable to NASA, or
by a set-off deduction from the voucher(s) submitted by the contractor under
any other contract, unless those contracts contain a "no set-off"
provision. If a set-off is affected,
the voucher(s) from which the deduction is made should be annotated to identify
the contract and appropriation affected and the applicable NASA Form 456.
Subpart 1842.12--Novation
and Change-of-Name Agreements
1842.1203 Processing agreements.
(b) The
installation shall immediately notify the Headquarters Office of Procurement
(Code HS) of the request to execute a novation (successor-in-interest) or
change-of-name agreement.
(h) The
contracting officer shall forward one copy of the agreement to Code HS.
1842.1203-70 DOD
processing of novation and change-of-name agreements on behalf
of NASA.
(a) Copies
of novation and change-of-name agreements executed by DOD on behalf of NASA are
maintained by the Headquarters Office of Procurement (Code HS).
(b) Code
HS is the Agency point of contact for issues related to proposed novation
agreements. With the concurrence of
Code HS, an installation may execute a separate agreement with the contractor.
Subpart 1842.13--Suspension
of Work, Stop-Work Orders, and Government Delay
of Work
1842.1305 Contract clauses.
(b) FAR 52.242-15,
Stop-Work Order, shall not be used in solicitations or contracts for research
performed by educational or other nonprofit institutions.
Subpart 1842.14--Traffic
and Transportation Management
1842.1405 Discrepancies incident to shipment of supplies.
(a) NASA
personnel shall also report discrepancies and adjust claims for loss of and
damage to Government property in transit in accordance with NPGNPR 6200.1, NASA Transportation and General Traffic
Management.
Subpart 1842.15--Contractor Performance Information
1842.1501
General.
Communications with contractors are vital to
improved performance and this is NASA’s primary objective in evaluating past
performance. Other objectives include providing data for future source
selections. While the evaluations must reflect both shortcomings and
achievements during performance, they should also elicit from the contractors
their views on impediments to improved performance emanating from the
Government or other sources.
1842.1502
Policy.
(a) Within 60 days of every anniversary of the award of a contract
having a term exceeding one year, contracting officers must conduct interim
evaluations of performance on contracts subject to FAR Subpart 42.15 and this subpart. Interim evaluations are not required on contracts whose award
anniversary is within 3 months of the end of the contract period of
performance. The final evaluation will
include an evaluation of the period between the last interim evaluation and the
end of the contract period of performance.
Interim performance evaluations are optional for SBIR/STTR Phase II
contracts. A final evaluation
summarizing all performance must be conducted on all contracts.
1842.1503
Procedures.
(a) The contracting officer shall determine
who (e.g., the technical office or end users of the products or services)
evaluates appropriate portions of the contractor’s performance. The evaluations are subjective in
nature. Nonetheless, the contracting
officer, who has responsibility
for the
evaluations, shall ensure that they are reasonable.
(b) NASA Form 1680, entitled,
"Evaluation of Performance," shall be used to document
evaluations. This provides for a
five-tiered rating (using the definitions for award fee evaluation scoring
found in 1816.405-275) covering the following attributes:
quality, timeliness, price or control of costs (not required for
firm-fixed-price contracts or firm-fixed-price contracts with economic price
adjustment), and other considerations.
Evaluations used in determining award fee payments satisfy the
requirements of this subpart and do not require completion of NASA Form 1680. In addition, hybrid contracts containing
both award fee and non-award fee portions do not require completion of NASA
Form 1680. Contracting Officers shall
ensure that the Government discusses all evaluations with contractors and shall
record the date and the participants on the evaluation form. Contracting officers shall sign and date the
evaluation after considering any comments received from the contractor within
30 days of the contractor’s receipt of the evaluation. If a contractor in its timely comments
disagrees with an evaluation and requests a review at a level above the
contracting officer, it shall be provided within 30 days. While the FAR forbids use of the evaluations
for source selections more than three years after contract completion, they
shall nevertheless be retained in the contract file as provided in FAR 4.8,
Government Contract Files.
Subpart 1842.70--Additional NASA
Contract Clauses
1842.7001
Observance of legal holidays.
(a) The
contracting officer shall insert the clause at 1852.242-72,
Observance of Legal Holidays, in contracts when work will be performed at a
NASA installation.
(b) The
clause shall be used with its Alternate I in cost-reimbursement contracts when
it is desired that contractor employees not have access to the installation
during Government holidays. This
alternate may be appropriately modified for fixed-price contracts.
(c) The
clause may be used with its Alternate II in cost-reimbursement contracts when
it is desired that administrative leave be granted contractor personnel in special
circumstances, such as inclement weather or potentially hazardous
conditions. This
alternate may be appropriately modified for fixed-price contracts.
1842.7002
Travel outside of the United States.
The
contracting officer shall insert the clause at 1852.242-71, Travel Outside of the United States, in cost-reimbursement
solicitations and contracts where a contractor may travel outside of the United
States and it is appropriate to require Government approval of the travel.
1842.7003
Emergency medical services and evacuation.
The contracting officer must insert the
clause at 1852.242-78, Emergency Medical
Services and Evacuation, in all solicitations and contracts when employees of
the contractor are required to travel outside the United States or to remote
locations in the United States.
Subpart 1842.71--Submission
of Vouchers
1842.7101 Submission of vouchers.
(a)
Vouchers shall be submitted in accordance with the clause at 1852.216-87, Submission of Vouchers for Payment.
(b) The
auditor shall retain an unpaid copy of the voucher.
(c) When a
voucher submitted in accordance with the clause at 1852.216-87 contains one or
more individual direct freight charges of $100 or more, an additional copy of
Standard Form 1034A and Standard Form 1035A shall be submitted and marked for
return to the contractor after payment.
This copy shall be transmitted quarterly by the contractor with the
freight bills to the General Services Administration. When a voucher is identified
as the "Completion Voucher," an additional copy shall be submitted
for transmittal to the NASA contracting officer.
Subpart 1842.72--NASA
Contractor Financial Management Reporting
1842.7201 General.
(a) Contracting
officer responsibilities.
(1)
Contracting officers must ensure contracts require cost reporting consistent
with both policy requirements and project needs. Contracting Officers shall monitor contractor cost reports on a
regular basis to ensure cost data reported is accurate and timely. Adverse trends or discrepancies discovered
in cost reports should be pursued through discussions with financial and
project team members.
(2)
Whenever cost performance threatens contract performance, contracting officers
shall require corrective action plans from the contractors.
(b) Reporting requirements.
(1)
Use of the NASA Contractor Financial Management Reports, the NASA Form 533
series, is required on cost-type, price redetermination, and fixed-price
incentive contracts when the following dollar, period of performance, and scope
criteria are met:
|
Contract
value/scope
|
Period
of Performance
|
533M
|
533Q
|
|
$500K to $999K
|
1 year or more
|
Required
|
Optional
|
|
$1,000,000 and over
|
Less than 1 year
|
Required
|
Optional
|
|
$1,000,000 and over
|
1 year or more
|
Required
|
Required
|
(2)
When it is probable that a contract will ultimately meet the criteria in
paragraph (b)(1) of this section through change orders, supplemental agreements,
etc., the reporting requirement must be implemented in the contract based on
the estimated final contract value at the time of award.
(3) NF
533Q reporting may be waived by the contracting officer, with the concurrence
of the center chief financial officer and cognizant project manager, for
support service or task order contracts, when NF 533M reports and other data
are sufficient to ensure accurate monthly cost accruals, evaluation of the
contractor’s cost performance, and forecasting of resource requirements.
(4)
Where a specific contractual requirement differs from the standard system set
forth in NPGNPR 9501.2, NASA Contractor Financial Management Reporting,
but is determined to be in the best interests of the Government and does not
eliminate any of the data elements required by the standard NF 533 formats, it
may be approved by the contracting officer with the concurrence of the center
chief financial officer and the project manager. Such approval shall be documented and retained, with the
supporting rationale, in the contract file.
(5)
The contractor's internal automated printout reports may be substituted for the
533 reporting formats only if the substitute reports contain all the data
elements that would be provided by the corresponding 533's. The contracting officer shall coordinate any
proposed substitute with the installation financial management office.
(c) Contract requirements.
(1)
Reporting requirements, including a description of reporting categories, shall
be detailed in the procurement request, and reports shall be required by
inclusion of the clause prescribed in 1842.7202. The
contract schedule shall include report addressees and numbers of copies. Reporting categories shall be coordinated
with the center financial management office to ensure that data required for
agency cost accounting will be provided by the reports. Reporting dates shall be in accordance with NPGNPR 9501.2,
except that earlier submission is encouraged whenever feasible. No due date
shall be permitted which is later than the date by which the center financial
management office needs the data to enter an accurate monthly cost accrual in
the accounting system.
(2)
The contractor shall be required to submit an initial report in the NF 533Q
format, time phased for the expected life of the contract, within 30 days after
authorization to proceed has been granted.
NF 533M reporting will begin no later than 30 days after incurrence of
cost. NF 533Q reporting begins with the
initial report.
1842.7202
Contract clause.
The contracting officer shall insert the
clause at 1852.242-73,
NASA Contractor Financial Management Reporting, in solicitations and contracts
when any of the NASA Form 533 series of reports is required from the
contractor.
Subpart 1842.73--Audit Tracking and Resolution
1842.7301
NASA external audit follow-up system.
(a) This section implements OMB Circular No.
A-50 and NASA Policy Directive (NPD) 1200.10 “Internal Management Controls and Audit
Liaison and Followup”, which provide more detailed guidance. Recommendations from external audits (OMB
Circular No. A-133, Audits of States, Local Governments, and Non-Profit
Institutions) shall be resolved by formal review and approval procedures
analogous to those at 1815.406-171.
profit is contemplated) for repair, modification,
rehabilitation, or other servicing of Government property, if such property is
to be furnished to a contractor for that purpose and no other Government
property is to be furnished. The
contracting officer shall not require additional insurance under the clause
unless the circumstances clearly indicate advantages to the Government.
(d) The
contracting officer shall insert the clause at 1852.245-73, Financial
Reporting of NASA Property in the Custody of Contractors, in cost reimbursement
contracts unless all property to be provided is subject to the clause at
1852.245-71, Installation-Accountable Government Property. The clause shall also be included in other
types of contracts when it is known at award that property will be provided to
the contractor or that the contractor will acquire property title to which will
vest in the Government prior to delivery.
(e) When
approved by the Logistics Management Division
of the Headquarters Office of Infrastructure and Management (Code OJG), the contracting officer shall
insert the clause at 1852.245-74, Contractor Accountable On-Site Government
Property, in lieu of the clause at 1852.245-71, in solicitations and contracts
when accountability rests with an on-site contractor. The contracting officer’s
written request
for approval shall include a determination of costs that will be (1) avoided
(e.g., additional costs to the installation's property management systems and
staffing) and (2) incurred (e.g., reimbursable costs of the contractor to
implement, staff, and
operate separate property management systems on-site, and resources needed for
performance of, or reimbursement for, property administration) under contractor
accountability.
(f) The contracting officer shall insert the clause
at 1852.245-75, Title to Equipment, in solicitations and
contracts where the clause at FAR 52.245-2 with its Alternate II or 52.245-5 with its Alternate I is used.
(g) The
contracting officer shall insert the clause at 1852.245-76, List of
Government-Furnished Property, in solicitations and contracts if the contractor
is to be accountable under the contract for Government property.
(h) The
contracting officer shall insert the clause at 1852.245-77, List of
Installation-Accountable Property and Services, in solicitations and contracts
that require performance at the center and authorize contractor use of property
within the physical borders of the center.
(i) The contracting officer shall insert the
provision at 1852.245-79, Use of Government-Owned Property, in all
solicitations when Government property may be used by the contractor.
(j) The contracting officer shall insert the clause
at 1852.245-80, Use of Government Production and Research
Property on a No-Charge Basis, in solicitations and contracts when Government
property (real property, commercially available equipment, special test
equipment, or special tooling) accountable under another contract(s) is
authorized for use.
1845.106-71 Plant reconversion and plant clearance.
The
Assistant Administrator for Procurement (Code HS) is the approval authority for
any solicitation provision or contract clause that would defer negotiation of
costs for plant reconversion or plant clearance until after award.
Subpart
1845.3--Providing Government Property to Contractors
1845.301
Definitions.
"Facilities”, as defined in the FAR, also include real
property and commercially available equipment, whether owned or leased by NASA
or reimbursed as a cost under the contract.
"Provide", as used in this subpart in such phrases as
"Government property provided to the contractor" and
"Government-provided property," means either to furnish, as in
"Government-furnished property," or to permit to be acquired, as in "contractor-acquired
property." See FAR 45.101 for definitions of "contractor-acquired
property" and "Government-furnished property."
1845.302
Providing facilities.
1845.302-1
Policy.
(a) In
addition to the exceptions listed in FAR 45.302-1(a), existing NASA-owned facilities (whether contractor acquired or
Government furnished) being used by a contractor may be retained for the
remainder of the contract period and furnished under any follow-on contract for
the same effort if the contracting officer determines that to do so would be in
the best interest of the Government, provided that:
(i) The facilities are required to accomplish the
purpose of the contract;
(ii) The contract contains a provision requiring the contractor to replace
any of the facilities that reach the end of their useful life during the
contract period, or which are beyond economical repair, if the facilities are
still needed for contract performance.
Such replacements shall be made with contractor-owned facilities. The
contract provision shall also expressly prohibit contractor acquisitions of
facility items for the Government, unless specifically authorized by the
contract or consent has been obtained in writing from the contracting officer
pursuant to FAR 45.302-1(a);
(iii) Consideration has been given to any alternative uses by Government
personnel within the agency, in consultation with the center industrial
property officer; and
(iv) The contracting officer documents the file with a detailed explanation
of why continued furnishing of the facilities is in the best interest of the
Government.
(a)(4)(A) The
procurement officer is designated to make the determinations and findings
(D&F) authorizing the use of Government facilities. See 1845.302-71 for D&F format.
(B) The requirements for a D&F and a prospective
contractor’s written statement asserting inability to obtain facilities are not
applicable in the circumstances listed under FAR 45.302-1(d). In these cases, the contracting officer
shall document the contract file with the rationale for providing the
facilities, including the reason for not requiring the contractor to provide
them.
1845.302-2
Facilities contracts.
Unless
termination would be detrimental to the Government's interests, contracting
officers shall terminate facilities contracts when the Government property is
no longer required for the performance of Government contracts or
subcontracts. Contracting officers
shall not grant the contractor the unilateral right to extend the time during
which it is entitled to use the property provided under the facilities
contract.
1845.302-70 Securing approval of facilities projects.
(a)
Pursuant to NMI 7330.1, Delegation of Authority - Approval Authorities
for Facility Projects, the contracting officer must approve facilities projects
involving leasing, construction, expansion, modification, rehabilitation,
repair, or replacement of real property.
(b) The
contracting officer's written authorization is required before any change is
made in the scope or estimated cost of any facilities project.
1845.302-71 Determination and findings.
1845.505-14 Reports of Government property.
(b) When the clause at 1852.245-73, Financial Reporting of NASA Property in the
Custody of Contractors, is included in the contract, the contractor shall
submit NASA Form 1018, NASA Property in the Custody of Contractors, in
accordance with the instructions on the form and 1845.71. Contractor property control systems shall distinguish
between Government furnished and contractor acquired property for purposes of
reporting the acquisition cost in the property classifications shown in FAR 45.505-14(a)(1) through (5).
1845.508
Physical inventories.
NASA
contractors shall reconcile inventories with the official property records and
submit reports to the property administrator within 30 days after inventory
completion. The contractor shall
investigate all losses of property and discoveries of unrecorded property to
determine the causes of the discrepancy and actions needed to prevent its
recurrence.
Subpart
1845.6--Reporting, Redistribution, and Disposal of
Contractor Inventory
1845.604 Restrictions on purchase or retention of
contractor inventory.
(1) No contractor may sell contractor inventory to persons known by it to
be NASA or DOD personnel who have been engaged in administering or terminating
NASA contracts.
(2)(i) The contractor's or subcontractor's authority to
approve the sale, purchase, or retention of Government property on a contract
which is excess to needs after Government reutilization screening at less than
cost by a subcontractor, and the subcontractor's authority to sell, purchase,
or retain such property at less than cost with the approval of the contractor
or next higher-tier subcontractor does not include authority to approve --
(A) A sale by a subcontractor to the contractor, the
next higher-tier subcontractor, or their affiliates; or
(B) A sale, purchase, or retention by a subcontractor
affiliated with the contractor or next higher-tier subcontractor.
(ii) Each excluded sale, purchase, or retention requires the written
approval of the plant clearance officer.
1845.606
Inventory schedules.
1845.606-1 Submission.
See
1845.608 for intra-agency screening of excess contractor-held property.
1845.607 Scrap.
1845.607-1 General.
1845.607-170 Contractor's approved scrap procedure.
(a) When
a contractor has an approved scrap procedure, certain property may be routinely
disposed of in accordance with that procedure and not processed under this
section.
(b) The
center property administrator is authorized to approve the contractor’s scrap
procedure. Before approval, the plant
clearance officer shall review the procedure, particularly regarding
sales. The plant clearance officer
shall ensure that the procedure contains adequate requirements for inspecting
and examining items to be disposed of as scrap. When the contractor's procedure does not require physical
segregation of Government-owned scrap from contractor-owned scrap and separate
disposal, care shall be exercised to ensure that a contract change that
generates a large quantity of property does not result in an inequitable return
to the Government. In such a case, the
property administrator shall make a determination as to whether separate
disposition of Government scrap would be appropriate.
(c) A
plant clearance case shall not be established for property disposed of through
the contractor's approved scrap procedure.
(d) Property
in scrap condition, other than that disposed of through the contractor's
approved scrap procedure, shall be reported on appropriate inventory schedules
for disposition in accordance with the provisions of FAR Part 45 and 1845.
1845.607-2 Recovering precious metals.
(b)
Silver, gold, platinum, palladium, rhodium, iridium, osmium, and ruthenium;
scrap bearing such metals; and items containing recoverable quantities of them
shall be reported to the Defense Reutilization and Marketing Service, DRMS-R,
Federal Center, Battle Creek, MI 49017-3092, for instructions regarding
disposition.
1845.608
Screening of contractor inventory.
1845.608-1
General.
(a) Property Disposal Officers (PDOs) are the
center focal points for intra-agency reutilization screening. PDOs shall acknowledge receipt of inventory
schedules within 30 days and simultaneously provide the plant clearance officer
a NASA screening completion/release date.
Screening shall be accomplished in accordance with NPGNPR 4300.1.
1845.608-6
Waiver of screening
requirements.
The Director of the Logistics Management
Office of the Headquarters Office of Management Systems and Facilities (Code
JLG) is designated to authorize exceptions to intra-agency screening
requirements.
1845.610
Sale of surplus contractor inventory.
1845.610-3 Proceeds of sale.
The plant clearance officer shall maintain an
open suspense record until verifying that credit has been applied, unless
another Government representative has specifically assumed this responsibility.
1845.610-4
Contractor inventory in foreign countries.
NASA procedures for disposal are in NPGNPR 4300.1, NASA
Personal Property Disposal Procedures and Guidelines.
1845.613
Property disposal determinations.
The center property disposal officer (PDO)
shall review the determinations in accordance with NPGNPR 4300.1.
PART 1846
QUALITY
ASSURANCE
TABLE OF
CONTENTS
1846.000 Scope
of part.
SUBPART 1846.3
CONTRACT CLAUSES
1846.370 NASA
contract clauses.
SUBPART 1846.4 GOVERNMENT CONTRACT QUALITY ASSURANCE
1846.401 General.
1846.470 Contract
clause.
SUBPART 1846.6 MATERIAL INSPECTION AND RECEIVING
REPORTS
1846.670 Introduction.
1846.670-1 General.
1846.670-2 Applicability.
1846.670-3 Use.
1846.670-4 Multiple
shipments.
1846.670-5 Forms.
1846.671 Contract
quality assurance on shipments between contractors.
1846.672 Preparing
DD Forms 250 and 250c.
1846.672-1 Preparation
instructions.
1846.672-2 Consolidated
shipments.
1846.672-3 Multiple
consignee instructions.
1846.672-4 Correction
instructions.
1846.672-5 Invoice
instructions.
1846.672-6 Packing
list instructions.
1846.672-7 Receiving
instructions.
1846.673 Distribution
of DD Forms 250 and 250c.
1846.674 Contract
clause.
SUBPART 1846.7 WARRANTIES
1846.703 Criteria
for use of warranties.
1846.703-70 Additional
criteria.
1846.704 Authority
for use of warranties.
1846.770 Administration.
PART 1846
QUALITY
ASSURANCE
1846.000
Scope of part.
The
Government has a duty to assure that appropriated funds are spent wisely. That duty is fulfilled in part through
surveillance. Surveillance may be
conducted through "insight" (i.e., monitoring of selected metrics
and/or milestones) or "oversight" (i.e., Government review and
concurrence with contractor decisions).
The decision to use insight or oversight is based on an assessment of
the risk inherent in the activity being surveilled. Surveillance must be conducted whether or not the contract effort
has been structured as performance-based.
Subpart 1846.3--Contract Clauses
1846.370 NASA contract clauses.
(a) The
contracting officer shall insert the clause at 1852.246-70, Mission Critical Space System Personnel
Reliability Program, in solicitations and contracts involving critical
positions designated in accordance with 14 CFR 1214.5, Mission Critical Space
System Personnel Reliability Program.
(b) The
contracting officer shall insert the clause at 1852.246-73, Human Space Flight Item, in solicitations and contracts for human
space flight hardware and flight-related equipment if the highest available
quality standards are necessary to ensure astronaut safety.
Subpart 1846.4--Government
Contract Quality Assurance
1846.401
General.
(a) The
quality assurance surveillance plan (QASP) which the project office prepares in
conjunction with the statement of work is preliminary. It reflects the Government's surveillance
approach relative to the perceived programmatic risk, and is written at a
general rather than specific level because the risks will not be completely
identified at that time. After contract
award, contracting officers shall ensure that the QASP is revised to reflect
the risks associated with the successful proposal. This final QASP shall not be included in the contract, but should
be periodically reviewed to ensure its currency.
1846.470 Contract clause.
The
contracting officer may insert a clause substantially as stated at 1852.246-71, Government Contract Quality Assurance Functions, in solicitations and
contracts to specify the location(s) of quality assurance functions.
Subpart 1846.6--Material Inspection and Receiving
Reports
1846.670
Introduction.
1846.670-1 General.
(a) This subpart contains procedures and instructions
for use of the Material Inspection and Receiving Report (MIRR) (DD Form 250
series)..
(5) If
applicable, bill of lading number and mode of shipment code.
1846.672-4
Correction instructions.
When,
because or of errors or omissions, it is necessary to
correct the MIRR after distribution, it shall be revised by correcting the
original master and distributing the corrected form. The corrections shall be
made as follows:
(a) Circle the error and place the corrected
information in the same block. If
space is limited, enter the corrected information in Block 16, referencing
the error page and block.
(b) When
corrections are made to Blocks 15 or 17, enter the words "CORRECTIONS HAVE
BEEN VERIFIED" on page
1. The authorized Government representative
shall date and sign immediately below the statement. This verification statement and signature are not required for
other corrections.
(c) MIRRs
shall not be corrected for Block 19 and 20 entries.
(d)
Clearly mark pages of the MIRR requiring correction with the words “CORRECTED
COPY”, avoiding obliteration of any other entries. Even though corrections are made on
continuation sheets only, also mark page 1 "CORRECTED COPY".
(e) Page 1
and only those continuation pages marked "CORRECTED COPY" shall be
distributed to the initial distribution.
A complete MIRR with corrections shall be distributed to new
addressee(s) created by error corrections.
1846.672-5 Invoice instructions.
The
Government encourages, but does not require, contractors to use copies of the
MIRR as an invoice in lieu of a commercial form. If the MIRR is used as an invoice, four copies shall be prepared
and forwarded to the payment office as follows:
(a)
Complete Blocks 5, 6, 19, and 20.
(b) Mark,
in letters approximately one inch high, the first copy "ORIGINAL INVOICE"
and the remaining three copies "INVOICE COPY".
(c)
Forward the four copies to the payment office (Block 12 address).
1846.672-6 Packing list instructions.
Copies of
the MIRR may be used as a packing list. The packing list copies shall be in
addition to the copies of the MIRR required for distribution (see 1846.673)
and shall be marked "PACKING LIST".
1846.672-7 Receiving instructions.
When the
MIRR is used for receiving purposes, procedures shall be as prescribed by local
directives. If acceptance or CQA and
acceptance of supplies are required upon arrival at destination, see Block 21B
for instructions.
1846.673 Distribution of DD Forms 250 and 250c.
(a) DD Forms 250 and 250c shall be distributed in
accordance with installation procedures.
(b) The contractor is responsible for
distributing DD Forms 250 and 250c in accordance with the provisions of the
contract or instructions of the contracting officer.
1846.674
Contract clause.
The
contracting officer shall insert the clause at 1852.246-72,
Material Inspection and Receiving Report, in solicitations and contracts,
except those using simplified acquisition procedures or where the only deliverable
items are technical or scientific reports.
Insert the number of copies to be prepared. Paragraph (a) may be changed to specify advance copies or
separate distribution of the DD Form 250.
Subpart 1846.7--Warranties
1846.703 Criteria for use of warranties.
1846.703-70 Additional criteria.
In
deciding whether to use a warranty clause, at least the following factors shall
be considered in addition to those at FAR 46.703:
(a) Cost
of correction or replacement, either by the contractor or by another source, in
the absence of a warranty;
(b) The
warranty as a deterrent against the furnishing of defective or nonconforming
supplies;
(c)
Whether the contractor's quality program is reliable enough to provide adequate
protection without a warranty, or, if not, whether a warranty would cause the
contractor to institute an effective quality program;
(d)
Reliance on "brand-name" integrity; and
(e)
Whether a warranty is regularly given for a commercial component of a more
complex end item.
1846.704 Authority for use of warranties.
(1) A warranty clause may be used when
it is found to be in the best interests of the Government, after an analysis of
the factors listed in 1846.703-70 and FAR 46.703.
(2) Except for the warranty of commercial
items (see FAR 12.404 and 46.709), and warranties contained in Federal, military,
or construction specifications, the decision to use a warranty clause or to
include a warranty provision in a specification other than a Federal, military,
or construction specification shall be made only upon the written authorization
of the procurement officer or a designee.
This decision may be made either for individual acquisitions or classes
of acquisitions.
(3) Warranties required by applicable
architect-engineer specifications shall be included in construction contracts.
1846.770 Administration.
When
notified of a defect in warranted items, the contracting officer should
ascertain whether the warranty is currently in effect and ensure that the
contractor is given proper and timely notice of the defect.
PART 1847
TRANSPORTATION
TABLE OF
CONTENTS
SUBPART 1847.2 CONTRACTS FOR TRANSPORTATION OR FOR
TRANSPORTATION-RELATED SERVICES
1847.200 Scope
of subpart.
1847.200-70 Charter
of aircraft.
SUBPART 1847.3 TRANSPORTATION
IN SUPPLY CONTRACTS
1847.304 Determination
of delivery terms.
1847.304-3 Shipments
from CONUS for overseas delivery.
1847.304-370 NASA
export privilege.
1847.305 Solicitation
provisions, contract clauses, and transportation factors.
1847.305-10 Packing,
marking, and consignment instructions.
1847.305-13 Transit
arrangements.
1847.305-70 NASA
contract clauses.
SUBPART 1847.5 OCEAN TRANSPORTATION BY U.S.-FLAG
VESSELS
1847.506 Procedures.
SUBPART 1847.70 PROTECTION
OF THE FLORIDA MANATEE
1847.7001 Contract
clause.
PART 1847
TRANSPORTATION
Subpart 1847.2 --Contracts
for Transportation or for
Transportation-Related Services
1847.200 Scope of subpart.
1847.200-70 Charter of aircraft.
When
acquiring aircraft by charter, contracting officers shall comply with NPRR 7900.3,
Aircraft Operations Management.
Subpart 1847.3--Transportation in Supply
Contracts
1847.304 Determination of delivery terms.
1847.304-3 Shipments from CONUS for overseas delivery.
1847.304-370 NASA export privilege.
NASA has
export licensing privileges for moving commodities to foreign
destinations. Contracting officers
shall request the advice of the Center Export Administrator to ensure full and
appropriate use is made of these privileges.
1847.305 Solicitation provisions,
contract clauses, and transportation factors.
1847.305-10 Packing, marking, and consignment instructions.
In contracts
providing for delivery f.o.b. origin and shipment under Government bills of
lading, consignment instructions may be limited to the mail address of the
consignee (receiving activity), provided the contract instructions state: "Shipment other than mail shall be
consigned as indicated on the Government bill of lading furnished to the
contractor."
1847.305-13 Transit arrangements.
(a)(3)(ii) When the provision at FAR 52.247-56 is
used, the solicitation shall state that offers will be evaluated on the basis
of the lowest overall cost to the Government, including transportation costs to
NASA from point of origin to final destination, taking into account any
applicable transit privileges.
1847.305-70 NASA contract clauses.
(a) The
contracting officer may insert a clause substantially as stated at 1852.247-72,
Advance Notice of Shipment, in solicitations and contracts when the f.o.b.
point is destination and special Government assistance is required in the
delivery or receipt of the items.
(b) The contracting officer shall
insert a clause substantially as stated at 1852.247-73, Bills of Lading, in f.o.b. origin solicitations and
contracts.
Subpart 1847.5--Ocean
Transportation by U.S.-Flag Vessels
1847.506
Procedures.
(d)(i) The
transportation officer in each installation shall establish and maintain a
register to reflect adherence to the Cargo Preference Act. The register shall contain data related to
shipments made by the installation and by NASA contractors. Where no transportation officer is
available, it shall be maintained by the contracting office. The register shall contain pertinent details
of ocean shipments including, but not limited to, the ports of origin and
destination of shipments, commodity descriptions, gross weight, freight
revenue, name of vessel, operator of vessel, and date of loading. The register shall be maintained current and
organized so that adherence to the Cargo Preference Act can be ascertained at
all times. To the maximum practicable extent, compliance with the 50-percent
minimum requirements of the Cargo Preference Act shall be maintained on a
quarter-year basis; any deficiencies in maintaining compliance shall be
corrected by the end of the calendar year.
(ii) On the basis of the registers
maintained under paragraph (d)(i) of this section, the official maintaining the
register shall submit quarterly reports reflecting ocean shipments to the
Division of
PART 1850
EXTRAORDINARY CONTRACTUAL ACTIONS
TABLE OF
CONTENTS
SUBPART 1850.2 DELEGATION
OF AND LIMITATIONS ON EXERCISE OF
AUTHORITY
1850.202 Contract
adjustment boards.
SUBPART 1850.3 CONTRACT
ADJUSTMENTS
1850.305 Processing
cases.
1850.305-70 Submission
of request to the Contract Adjustment Board.
1850.306 Disposition.
1850.306-70 Implementation
of the Contract Adjustment Board's decision.
SUBPART 1850.4 RESIDUAL POWERS
1850.403 Special
procedures for unusually hazardous or nuclear risks.
1850.403-1 Indemnification
requests.
1850.403-170 Subcontractor
indemnification requests.
1850.403-2 Action
on indemnification requests.
1850.470 Lead
NASA installation.
PART 1850
EXTRAORDINARY CONTRACTUAL ACTIONS
Subpart 1850.2--Delegation of and
Limitations on Exercise of Authority
1850.202 Contract adjustment boards.
14 CFR
Part 1209, Subpart 3, Contract Adjustment Board, establishes the Contract
Adjustment Board (CAB) as the approving authority to consider and dispose of
requests from NASA contractors for extraordinary contractual actions.
Subpart 1850.3--Contract Adjustments
1850.305 Processing cases.
1850.305-70 Submission of request to the Contract Adjustment Board.
(a) After
investigating the facts and issues relevant to the contractor's request, the
contracting officer shall forward the request to the Associate General Counsel
for General Law (Code GG), including in the forwarding letter --
(1) The nature of the case;
(2)
The recommended disposition; and,
(3) If contractual action is recommended, the
contracting officer's opinion that the action will facilitate the national
defense.
(b) The
forwarding letter shall enclose the contractor's request, all supporting
material submitted by the contractor, and any material the contracting officer
has obtained while investigating the facts and issues relevant to the request.
Any classified information in the material forwarded shall be so identified.
(c)
Electronic submittal is preferred for unclassified material.
1850.306
Disposition.
1850.306-70 Implementation of the Contract Adjustment Board's decision.
(a) The
contracting officer shall take action authorized in the CAB’s decision.
(b)
Immediately upon execution, including any required Headquarters approval, of a
contract or contract modification or amendment implementing the CAB decision,
the contracting officer shall forward a copy of the contractual document to the
Associate General Counsel for General Law (Code GG).
Subpart 1850.4--Residual Powers
1850.403 Special procedures for unusually hazardous or nuclear risks.
1850.403-1 Indemnification requests.
(a) Contractor indemnification requests must be
submitted to the cognizant contracting officer for the contract for which the
indemnification clause is requested.
Contractors shall submit a single request and shall ensure that
duplicate requests are not submitted by associate divisions, subsidiaries, or
central offices of the contractor. (a) Contractor
indemnification requests must be submitted to the cognizant contracting officer
for the contract for which the indemnification clause is requested. Contractors shall submit a single request
and shall ensure that duplicate requests are not submitted by associate
divisions, subsidiaries, or central offices of the contractor.
(b) The contractor
shall also provide evidence, such as a certificate of insurance or other
customary proof of insurance, that such insurance is either in force or is
available and will be in force during the indemnified period.
1850.403-170 Subcontractor indemnification requests.
Subcontractors
shall submit requests for indemnification to the prime contractor and through
higher tier subcontractor(s), as applicable.
If the prime contractor agrees an indemnity clause should be flowed down
to the subcontractor, the prime contractor shall forward its written request
for subcontractor indemnification to the cognizant contracting officer for
approval in accordance with FAR 50.403-1. The prime contractor's request shall provide
information responsive to 1850.403-1, FAR 50.403-1, and FAR 50.403-2(a)(1),
(2), (4), (5) and (7). The agreed upon definition of the unusually
hazardous risk to be incorporated into the subcontract shall be the same as
that incorporated in the prime contract.
1850.403-2 Action on indemnification requests.
(a) If
recommending approval, the contracting officer shall forward the required
information to the Assistant Administrator for Procurement (Code HS), along
with the following:
(i)
For contracts of five years
duration or longer, a determination, with supporting rationale, whether the
indemnification approval and insurance coverage and premiums should be
reviewed for adequacy and continued validity at points in time within the
extended contract period.
(ii) A recommended Memorandum of Decision. In addition to the applicable
requirements of FAR 50.306, the
Memorandum of Decision shall contain the following:
(A) The specific definition of the unusually
hazardous risk to which the contractor is exposed in the performance of the contract(s);
(B) A complete discussion of the contractor's
financial protection program; and
(C) The extent to, and conditions under, which
indemnification is being approved for subcontracts.
(d) If
approving subcontractor indemnification, the contracting officer shall document
the file with a memorandum for record addressing the items set forth in FAR 50.403-2(a) and include an analysis of the subcontractor's
financial protection program. In
performing this analysis, the contracting officer shall take into consideration
the availability, cost, terms and conditions of insurance in relation to the
unusually hazardous risk.
1850.470 Lead NASA installation.
(a) Contractors
applying for indemnification shall determine which NASA installation has the
highest dollar amount of contracts for which indemnification is requested. The indemnification request should be
submitted to the procurement officer for that installation, who will then
designate a cognizant contracting officer. Contractors shall submit a single
request and ensure duplicate requests are not submitted by associate divisions,
subsidiaries, or central offices of the contractor.
(b) The
receiving installation will become the lead installation and will remain so
indefinitely. Lead installation
designation may change to another installation if the affected procurement
officers agree to the change. Should a change occur in the lead installation,
all records related to indemnification of that contractor shall be transferred
to the gaining installation.
Subpart
1851.2--Contractor Use of Interagency Fleet Management System (IFMS)
Vehicles
1851.202
Authorization.
(a) In accordance with NPR NPR 6200.1,
“NASA Transportation and General Traffic Management”, the contracting officer
shall obtain concurrence from the Transportation Officer before authorizing a
contractor to obtain Government-owned or -leased vehicles and related services.
1851.205 Contract clause.
1852.213-70 Offeror Representations and Certifications–Other Than Commercial
Items.
As
prescribed in 1813.302-570, insert the following provision:
OFFEROR REPRESENTATIONS AND
CERTIFICATIONS—OTHER THAN COMMERCIAL ITEMS
(JULY 20042004)
(a) Definitions. As used in this provision--
"Emerging small business" means
a small business concern whose size is no greater than 50 percent of the
numerical size standard for the NAICS code designated.
"Forced or indentured child
labor" means all work or service--
(1) Exacted from any person under the age
of 18 under the menace of any penalty for its nonperformance and for which the
worker does not offer himself voluntarily; or
(2) Performed by any person under the age
of 18 pursuant to a contract the enforcement of which can be accomplished by
process or penalties.
"Service-disabled veteran-owned small
business concern" --
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more
service-disabled veterans or, in the case of any publicly owned business, not
less than 51 percent of the stock of which is owned by one or more
service-disabled veterans; and
(ii)
The management and daily business operations of which are controlled by one or more
service-disabled veterans or, in the case of a service- disabled veteran with
permanent and severe disability, the spouse or permanent caregiver of such
veteran.
(2) Service-disabled veteran means
a veteran, as defined in 38 U.S.C. 101(2), with a disability that is
service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern"
means a concern, including its affiliates, that is independently owned and
operated, not dominant in the field of operation in which it is bidding on
Government contracts, and qualified as a small business under the criteria in
13 CFR Part 121 and size standards in this solicitation.
"Veteran-owned small business
concern" means a small business concern--
(1) Not less than 51 percent of which is
owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case
of any publicly owned business, not less than 51 percent of the stock of which
is owned by one or more veterans; and
(2) The management and daily business
operations of which are controlled by one or more veterans.
"Women-owned small business
concern" means a small business concern--
(1) That is at least 51 percent owned by
one or more women; or, in the case of any publicly owned business, at least 51
percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business
operations are controlled by one or more women.
(b) Taxpayer Identification Number (TIN) (26
U.S.C. 6109, 31 U.S.C. 7701).
(1) All offerors must submit the
information required in paragraphs (b)(3) through (b)(5) of this provision to
comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d),
reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing
regulations issued by the Internal Revenue Service (IRS).
(2) The TIN may be used by the Government
to collect and report on any delinquent amounts arising out of the offeror's
relationships with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the
payment reporting requirements described in FAR 4.904, the TIN provided
hereunder may be matched with IRS records to verify the accuracy of the
offeror's TIN.
(3) Taxpayer Identification Number
(TIN).
[
] TIN: _____________________.
[
] TIN has been applied for.
[ ]
TIN is not required because:
[ ] Offeror is a
nonresident alien, foreign corporation, or foreign partnership that does not
have income effectively connected with the conduct of a trade or business in the
United States and does not have an office or place of business or a fiscal
paying agent in the United States;
[ ] Offeror is an agency
or instrumentality of a foreign government;
[ ] Offeror is an agency or instrumentality of the Federal
Government.
(4) Type of organization.
[
] Sole proprietorship;
[
] Partnership;
[
] Corporate entity (not tax-exempt);
[
] Corporate entity (tax-exempt);
[
] Government entity (Federal, State, or local);
[
] Foreign government;
[
] International organization per 26 CFR 1.6049-4;
[
] Other _________________________.
(5) Common parent.
[
] Offeror is not owned or controlled by a common parent;
[
] Name and TIN of common parent:
Name ___________________.
TIN _____________________.
(c) Offerors
must complete the following representations when the resulting contract will be
performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The
offeror represents as part of its offer that it [ ] is, [ ] is not a
small business concern.
(2) Veteran-owned small business
concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents
as part of its offer that it [ ] is,
[ ] is not a veteran-owned small
business concern.
(3) Service-disabled veteran-owned
small business concern. [Complete only if the offeror represented itself as
a veteran-owned small business concern in paragraph (c)(2) of this provision.] The
offeror represents as part of its offer that it [ ] is, [ ] is not a
service-disabled veteran-owned small business concern.
(4) Small disadvantaged business
concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror
represents, for general statistical purposes, that it [ ] is, [
] is not a small disadvantaged business concern as defined in 13 CFR
124.1002.