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97-71

Procurement Notice


May 22, 2002

CONFORMANCE WITH FACS 01-01, 01-02 AND 01-06; AND

MISCELLANEOUS ADMINISTRATIVE AND TECHNICAL REVISIONS

 

BACKGROUND:  This PN revises the NASA FAR Supplement to conform with FAR changes made by FAC’s 01-01, 01-02, and 01-06; and to make editorial and miscellaneous changes dealing with NASA internal and administrative matters.

 

Item IV of FAC 01-01 amended various FAR subparts and clauses to implement recent statutory and regulatory changes relating to veterans’ employment opportunities and reporting.  Item II of FAC 01-02 amended various FAR subparts to implement Executive Order 13123 of June 3, 1999, Greening the Government through Efficient Energy Management.  Item III of FAC 01-02 amended various FAR subparts and clauses to reflect changes to the Office of Management and Budget (OMB) prompt payment requirements and clarify existing FAR prompt payment coverage.  Item V of FAC 01-06 amended various FAR subparts to rewrite procurement integrity coverage in plan language.  This final rule makes changes to the NFS Parts 1803, 1811, 1822, 1823, and 1832 necessary to conform to the changes in FACs 01-01,01-02, and 01-06.   Additional changes dealing with NASA internal and administrative matters included in this rule clarify the approval authority for letter contracts; that  “instrument” means the award document when referring to contracts, grants, cooperative agreements, or other agreements; and that term/level-of-effort, time-and-materials and labor hour contracts are not considered performance based contracts (PBC).  Changes are made to Subparts 1806.3 and 1819.70 to delete text duplicative of the FAR. Changes are made to clauses in Part 1852 to identify optional (though preferable) forms for submission of information about technology innovations under NASA contracts and to identify the web site where these forms are available.  Editorial changes are made throughout the NFS to reflect title changes.  Lastly, technical amendments are made to Subpart 1804.74 and Part 1852 to update url listings.

 

ACTION REQUIRED BY CONTRACTING OFFICERS:  All solicitations issued after May 22, 2002, must include the revised clauses if applicable.  Solicitations issued before May 22, 2002, may be amended to include the revised clauses if including it would not unduly delay the acquisition.

 

Clause/PROVISION Changes:  This PN makes the following clause changes:

   (a) 1852.204-74, Central Contractor Registration, in paragraph (d) the url has been updated;

   (b) 1852.227-11, Patent Rights--Retention by the Contractor (Short Form), the text has been revised for clarity and to indicate NASA’s preference for contractor use of either the electronic or paper version of NASA Form 1679, Disclosure of Invention and New Technology (Including Software) to disclose subject inventions;

   (c) 1852.227-70, New Technology, paragraphs (e)(3) through (e)(5) are redesignated as 

(e)(4) through (e)(6) respectively; and a new paragraph (e)(3) is added to indicate NASA’s preference for contractor use of either the electronic or paper version of NASA Form 1679, Disclosure of Invention and New Technology (Including Software) to disclose reportable items;

   (c) 1852.235-72, Instructions for Responding to NASA Research Announcements, in the second sentence of paragraph (a)(4), the word “award” is added immediately after the word “appropriate”; and

   (d) The title “Associate Administrator” has been changed to “Assistant Administrator” in 1852.233-70, Protests to NASA.

 

PARTS AFFECTED:  Changes are made in Parts 1801 through 1809, 1811, 1812, 1815 through 1817, 1819, 1822, 1823, 1825, 1828 through 1830, 1832, 1833, 1835, 1837, 1842, 1845, 1848 through 1850, and 1852.

 

REPLACEMENT PAGES:  You may use the enclosed pages to replace Part 1801, Part 1802, Part 1803, 4:3, 4:4, 4:11, 4:12, 4:13, 4:14, 5:3, 5:4, 6:3, 6:4, 6:5 (page 6:6 is removed), 7:5, 7:6, 8:5, 8:6, 9:3, 9:4, 9:5, 9:6, Part 1811, Part 1812, 15:3, 15:4, 15:11, 15:12, 15:29, 15:30, 16:1, 16:2, 16:11, 16:12, 16:13, 17:1, 17:2, 17:3, 17:4, 19:1, 19:2, 19:3, 19:4, 19:5, 19:6, 19:7, 19:8, Part 1822, Part 1823, 25:1, 25:2, 28:3, 28:4, 28:5, Part 1829, 30:1, 30:2, Part 1832, 33:1, 33:2, 35:1, 35:2, 35:3, 35:4, Part 1837, 42:3, 42:4, 45:5, 45:6, 45:7, 45:8, 45:9, 45:10, Part 1948, 49:3, 49:4, Part 1850, 52:5, 52:6, 52:31, 52:32, 52:33, 52:34, 52:35, 52:36, 52:37, 52:38, 52:39, 52:40, 52:41, 52:42, 52:57, 52:58, 52:61, 52:62, 52-91, 52-92, 52-93, 52-94, 52-95, and 52-96.

 

TYPE OF RULE AND PUBLICATION DATE:  This PN was published as a final rule in the Federal Register (67 FR 30602 - 30604) on May 7, 2002.

 

HEADQUARTERS CONTACT:  Celeste Dalton, Code HK, (202) 358-1645, e-mail: cdalton@hq.nasa.gov.

 

 

R. Scott Thompson

Director, Contract Management Division

 

Enclosures

 



PART 1801

FEDERAL ACQUISITION REGULATIONS SYSTEM

 

TABLE OF CONTENTS

 

1801.000                                 Scope of part.

 

SUBPART      1801.1             PURPOSE, AUTHORITY, ISSUANCE

1801.103                                 Authority.

1801.104                                 Applicability.

1801.105                                 Issuance.

1801.105-1                              Publication and code arrangement.

1801.105-2                              Arrangement of regulations.

1801.106                                 OMB approval under the Paperwork Reduction Act.

 

SUBPART      1801.2             ADMINISTRATION

1801.270                                 Amendment of the NFS.

1801.271                                 NASA procedures for FAR and NFS changes.

1801.272                                 Procurement Information Circulars.

 

SUBPART      1801.3             AGENCY ACQUISITION REGULATIONS

1801.301                                 Policy.

1801.303                                 Publication and codification.

 

SUBPART      1801.4             DEVIATIONS FROM THE FAR

1801.400                                 Scope of subpart.

1801.471                                 Procedure for requesting deviations.

 

SUBPART      1801.6             CAREER DEVELOPMENT, CONTRACTING                                                                                                    AUTHORITY,  AND RESPONSIBILITIES

1801.601                                 General.

1801.602-3                              Ratification of unauthorized commitments.

1801.603                                 Selection, appointment, and termination of appointment.

1801.603-2                              Selection.

1801.670                                 Delegations to contracting officer's technical representatives

                                                   (COTRs).

 

SUBPART      1801.7             DETERMINATIONS AND FINDINGS

1801.707                                 Signatory authority.

1801.770                                 Legal review.

 

 

PART 1801

FEDERAL ACQUISITION REGULATIONS SYSTEM

 

1801.000    Scope of part.

This part sets forth general informa­tion about the National Aeronautics and Space Administration (NASA) Federal Acquisition Regulation (FAR) Supplement, also referred to as the NFS.

 

Subpart 1801.1--Purpose, Authority, Issu­ance

 

1801.103 Authority.

(a)  Under the following authorities, the Ad­minis­tra­tor has delegated to the Assistant Administrator for Procurement authori­ty to prepare, issue, and main­tain the NFS:

(i)  The National Aeronautics and Space Act of 1958 (Pub. L. 85-568; 42 U.S.C. 2451 et seq.).

(ii) 10 U.S.C. chapter 137.

     (iii) Other statutory authority.

     (iv)  FAR Subpart 1.3.

 

1801.104 Applicability.

   The NFS ap­plies to all acquisitions as defined in FAR Part 2 ex­cept those express­ly excluded by the FAR or this regulation.

 

1801.105 Issuance.

 

1801.105-1 Publication and code arrange­ment.

   (a)  The single official NASA-maintained version of the NFS is on the Internet  (http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm).

   (b)  The NFS is issued as chapter 18 of title 48, CFR.

 

1801.105-2 Arrangement of regulations.

   (b)(1)(A)  Numbering of NFS text imple­menting the FAR shall be the same as that of the related FAR text, except when the NFS coverage exceeds one para­graph.  In such case the NFS text is num­bered by skipping a unit in the FAR 1.105-2(b)(2) pre­scribed numbering sequence.  For exam­ple, two paragraphs implementing FAR 1.105-2(b)(1) are numbered 1801.105-2(b)(1)(A) and (B), rather than (1)(i) and (ii).  Further subdivision of the NFS imple­menting paragraphs would follow the pre­scribed sequence in FAR 1.105(b)(2).

            (B)  NFS text that supplements the FAR part is num­bered the same as its FAR counterpart with the addi­tion of a number 70 and up.  For example, NFS supple­ment of FAR subsection 1.105-3 is numbered 1801.105-370.  Sup­plemental text ex­ceeding one para­graph is numbered using the FAR 1.105-2(b)(2) prescribed numbering sequence with­out skipping a unit.

         (2)  Subdivision numbering below the fourth level repeats the numbering sequence using itali­cized letters and numbers.

 

1801.106 OMB approval under the Paper­work Reduction Act.

   (1)  NFS requirements.  The following OMB control numbers apply:

NFS  Segment

OMB Control Number

1804.470

2700-0098

1804.74

2700-0097

1819

2700-0073

1819.72

2700-0078

1827

2700-0052

1831

2700-0080

1843

2700-0054

1843.71

2700-0094

NF 533

2700-0003

NF 1018

2700-0017

 

   (2)  Solicitations and contracts.  Various require­ments in a solicitation or contract, generally in the statement of work, are not tied to specific para­graphs cleared in para­graph (1) of this section, yet require infor­mation collection or recordkeeping.  The following OMB control numbers ap­ply to these requirements:  2700-0086 (acquisitions up to $25,000), 2700-0087 (solicitations that may result in bids or proposals not exceed­ing $500,000), 2700-0085 (solicita­tions that may result in bids or propos­als exceeding $500,000), 2700-0088 (con­tracts not exceed­ing $500,000), and 2700-0089 (contracts exceed­ing $500,00­0).

 

Subpart 1801.2--Administration

 

1801.270 Amendment of the NFS.

   (a)  The NFS is amended by publishing changes in the Federal Register.  These changes are then incorporated into the NASA-maintained Internet version of the NFS through

Procure­ment Notices  (PNs).  PNs are numbered consecu­tively, prefixed by the last two digits of the calendar year of issuance of the current edition of the NFS.

   (b)  Compliance with a revision to the NFS shall be in accor­dance with the PN containing the revision. Unless otherwise stated, solicita­tions that have been issued, and bilateral agree­ments for which negotiations have been completed, before the receipt of new or revised contract clauses need not be amend­ed to include the new or revised clauses if including them would unduly delay the acquisition.

 

1801.271 NASA procedures for FAR and NFS changes.

   (a)  Informal suggestions for improving the NFS, includ­ing correction of errors, should be directed to the Headquarters Office of Procurement (Code HK).

   (b)(1)  Formal requests for changes to the FAR or the NFS should be written and contain (i) a descrip­tion of the problem the suggested revision is de­signed to cure,  (ii) the revision in the form of a marked-up copy of the current FAR or NFS lan­guage or the text of any additional language,  (iii) the consequences of making no change and the benefits to be expected from a change, and  (iv) any other information necessary for understanding the situa­tion, such as relationship between FAR and NFS cover­age, legal opinions, coordination with other offices, and existing agreements.      

     (2)  Formal requests for FAR and NFS changes should be sent to Code HK.  Re­quests from Headquar­ters offices should originate at the division level or higher, while installation requests should be signed at the procurement officer or higher level.

1801.272 Procurement Information Circulars.

   (a)  The Procurement Information Cir­cu­lar (PIC) is used for internal dissemina­tion of procure­ment-related information and direc­tives not suitable for inclusion in the NFS.  Code HK is responsible for issuing PICs.

   (b)  PICs are numbered on a calendar year basis, beginning with number 1, pre­fixed by the last two digits of the year.

 

Subpart 1801.3--Agency Acquisi­tion Regu­lations

 

1801.301    Policy.

   (a)(2)  Heads of NASA field installations may pre­scribe policies and procedures that do not have a signifi­cant effect beyond the internal operating proce­dures of their installations.  All other poli­cies, proce­dures, and solicitation and contract provi­sions and clauses must be for­warded to the Head­quar­ters Office of Procurement (Code HK) for approval in accor­dance with 1801.271(b).

   (b) (i)   41 U.S.C. 418b requires publica­tion of NFS changes for public comment where there will be a significant effect beyond the internal oper­ating procedures of the agency or a signifi­cant cost or adminis­trative impact on con­tractors or offerors.  Howev­er, it does not define "sig­nifi­cant effect beyond the internal operat­ing proce­dures" or "signifi­cant cost or ad­minis­trative im­pact."  Exam­ples of policies or procedures that fall in either of these cate­gories are:

          (A)  A contract clause requiring con­trac­tors to take precautions to avoid injury to Flori­da mana­tees, which have been desig­nated as an endangered species, has a sig­nificant cost impact for contractors who must obtain protective devices for boat propel­lers and take other safety actions.

          (B)  A contract clause requiring con­trac­tors to follow the Government's holiday sched­ule, thereby disallowing premium pay for work on contractor-designated holidays, will have an effect outside the internal operating procedures of the agency.

          (C)  A contract clause requiring con­trac­tors to segregate costs by appropriations will affect the contractor's internal accounting system and have a significant impact.

          (D)  Requiring contractor compliance with NASA's Space Transportation System Per­sonnel Reliability Program will have an effect outside the internal operating proce­dures of the agency.

     (ii)  In contrast, the following would not have to be publicized for public comment:

          (A)  Security procedures for identify­ing and badging contractor personnel to obtain access at a NASA installation.

          (B)  A one-time requirement in a con­struc­tion contract for the contractor to develop a place­ment plan and for inspection prior to any concrete being placed.  (This is part of the specification or state­ment of work.)

          (C)  A policy that requires the NASA instal­lation to maintain copies of unsuccess­ful offers.

 

1801.303 Publication and codification.

   (a)  Part, subpart, and section numbers 70 through 89 are reserved for NFS supplemen­tary material for which there is no FAR counterpart.

 

Subpart 1801.4--Deviations from the FAR

 

1801.400 Scope of subpart.

   This subpart prescribes the policies and procedures for authorizing deviations from the FAR and the NFS.

 

1801.471 Procedure for requesting devia­tions.

   (a)  Requests for authority to deviate from the FAR or the NFS shall be sub­mitted by the Procurement Officer to the Headquar­ters Office of Procurement (Code HS).

   (b)  Each request for a deviation shall contain, as a minimum --

     (1)  Identification of the FAR or the NFS re­quirement from which a devia­tion is sought;

     (2)  A full description of the deviation, the cir­cum­stances in which it will be used, and the specific contract action(s) to which it applies;

     (3)  A description of its intended effect;

     (4)  A statement as to whether the devia­tion has been requested previously and, if so, the circum­stances of the previous re­quest;

     (5)  Identification of the contrac­tor(s) and the con­tract(s) affected, includ­ing dollar    val­ue(s);

     (6)  Detailed reasons supporting the re­quest, including any pertinent back­ground information; and

     (7)  A copy of counsel's concurrence or com­ments.

   (c)  In addition to the information required by 1801.471(b), requests for individual devi­a­tions from FAR cost prin­ciples under FAR 31.101 should include a copy of the contractor's request for cost allowance.

 

Subpart 1801.6--Career Development, Contracting Authority, and Responsibili­ties

 

1801.601 General.

   The authority to contract for authorized supplies and services is delegat­ed to the Assistant Administrator for Procurement and installation officials by NPD 5101.32.

 

1801.602-3 Ratification of unauthorized commit­ments.

   (b)  Policy.  Individuals making unautho­rized commitments may be subject to disci­plinary action, and the issue may be re­ferred to the Office of Inspector General.

   (c) (7)  The authority in FAR 1.602-3 may be exercised only when ‑‑

               (A)  The Government employee who made the unauthorized commitment, or his/her supervisor, if  appropriate, initiates a pro­curement request in accordance with 1804.7301.

               (B)  The procurement request and/or ac­compa­nying documentation iden­tifies the individual who made the unautho­rized commitment, and includes a statement signed by the individual that explains why normal acquisition procedures were not fol­lowed, explains why the firm was select­ed, lists other sources considered, describes the work, and esti­mates or states the agreed price.  If the Govern­ment representative who made the unautho­rized commit­ment is no longer available, appropriate program personnel shall provide the information described in this paragraph.

               (C)  The procurement request is submit­ted through the director of the cogni­zant program office at the contracting activity, or compara­ble official.  In the procurement request, the director shall describe measures taken to prevent the recur­rence of the unauthorized commitment.

 

1801.603 Selection, appointment, and termi­nation of appointment.

 

1801.603-2 Selection.

   Normally, only GS-1102 and -1105 personnel with the proper training and experi­ence may be appointed contracting officers and only when a valid organizational need can be demonstrated.

 

1801.670 Delegations to contracting officer's techni­cal representatives (COTRs).

   A COTR delegation may be made only by the con­tracting officer cognizant of that con­tract at the time the delegation is made.  If the cognizant contracting officer is absent, the delegation letter may be signed by a war­ranted contracting officer at any level above the cognizant contracting offi­cer.  An individual COTR may have only the duties specifically identi­fied in a writ­ten delegation to him or her by name (i.e., COTR duties may not be delegated to a posi­tion) and has no authority to exceed them.  COTRs should be informed that they may be personally liable for unauthorized commit­ments.  Contracting officer authori­ty to sign or authorize contractual instru­ments shall not be dele­gated through a COTR designation or by any means other than a contracting officer warrant.

  

Sub­part 1801.7--Determinations and Find­ings

 

1801.707 Signatory authority.

   Signatory authority for determinations and findings (D&Fs) is specified in the FAR or the NFS text for the associat­ed subject matter.  The Administrator may make any of the D&Fs that may be made by the Assistant Administrator for Procurement or by a contracting officer.

 

1801.770 Legal review.

   Each D&F, including class D&Fs, shall be reviewed by counsel for form and legality before signa­ture by the approving authority.



PART 1802

DEFINITIONS OF WORDS AND TERMS

 

TABLE OF CONTENTS

 

1802.000                                 Scope of part.

 

SUBPART     1802.1            DEFINITIONS

1802.101                                 Definitions.

 

 

PART 1802

DEFINITIONS OF WORDS AND TERMS

 

1802.000    Scope of part.

   Commonly used words and terms are defined in FAR Subpart 2.1.  This Part 1802 gives NASA-specific meanings for some of these words and terms and defines other words and terms commonly used in the NASA acquisition process.

 

Subpart 1802.1--Definitions

 

1802.101 Definitions.

   “Administrator” means the Administrator or Deputy Administrator of NASA.

   “Senior Procurement Executive” means the Assistant Administrator or Deputy Assistant Administrator for Procurement, Office of Procurement, NASA Headquarters (Code H).

   “Contracting activity” in NASA includes the NASA Headquarters installation and the following field installations:  Ames Research Center, Dryden Flight Research Center, Glenn Research Center at Lewis Field, Goddard Space Flight Center, Johnson Space Center, Kennedy Space Center, Langley Research Center, Marshall Space Flight Center and Stennis Space Center.

   “Head of the agency” or “agency head” means the Administrator or Deputy Administrator of NASA.

   “Head of the contracting activity” means, for field installations, the Director or other head and, for NASA Headquarters, the Director for Headquarters Operations.

   “Procurement officer” means the chief of the contracting office, as defined in FAR 2.101.

   “NASA Acquisition Internet Service (NAIS)” means the Internet service  (URL: http://procurement.nasa.gov) NASA uses to broadcast its business opportunities, procurement regulations, and associated information.


PART 1803
IMPROPER BUSINESS PRACTICES
AND PERSONAL CONFLICTS OF INTEREST

TABLE OF CONTENTS

SUBPART         1803.1          SAFEGUARDS
1803.101                                 Standards of conduct.
1803.101-1                              General.
1803.101-2                              Solicitation and acceptance of gratuities by Government
                                                   personnel.
1803.104                                 Procurement integrity.
1803.104-1                              Definitions.
1803.104-4                              Disclosure, protection, and marking of contractor bid or proposal

                                                  information and source selection information.
1803.104-7                              Violations or possible violations.

SUBPART         1803.2          CONTRACTOR GRATUITIES TO GOVERNMENT
                                                  PERSONNEL
1803.203                                 Reporting suspected violations of the Gratuities clause.

SUBPART         1803.3          REPORTS OF SUSPECTED ANTITRUST
                                                  VIOLATIONS
1803.303                                 Reporting suspected antitrust violations.

SUBPART         1803.5          OTHER IMPROPER BUSINESS PRACTICES
1803.502                                 Subcontractor kickbacks.

SUBPART         1803.6          CONTRACTS WITH GOVERNMENT EMPLOYEES
                                                  OR ORGANIZATIONS OWNED OR
                                                  CONTROLLED BY THEM
1803.602                                 Exceptions.

SUBPART         1803.7         VOIDING AND RESCINDING CONTRACTS
1803.704                                 Policy.
1803.705                                 Procedures.

SUBPART         1803.8          LIMITATION ON THE PAYMENT OF FUNDS TO                                                                                                                                                  INFLUENCE  FEDERAL TRANSACTIONS
1803.804                                 Policy.
1803.806                                 Processing suspected violations.

SUBPART       1803.70          IG HOTLINE POSTERS
1803.7000                               Policy.
1803.7001                               Contract clause.

PART 1803
IMPROPER BUSINESS PRACTICES
AND PERSONAL CONFLICTS OF INTEREST

Subpart 1803.1--Safeguards

1803.101   Standards of conduct.

1803.101-1   General.
  The statutory prohibitions and their application to NASA personnel are discussed in the Standards of Ethical Conduct for Employees of the Executive Branch, 5 CFR Part 2635, and the Supplemental Standards of Ethical Conduct for Employees of the National Aeronautics and Space Administration, 5 CFR Part 6901.  All NASA personnel involved in acquisitions shall become familiar with these statutory prohibitions. Any questions concerning them shall be referred to legal counsel.  In addition to criminal penalties, the statutes provide that transactions entered into in violation of these prohibitions are voidable (18 U.S.C. 218).

1803.101-2   Solicitation and acceptance of gratuities by Government personnel.
  Any suspected violations shall be reported promptly to the installation's Office of Inspector General.

1803.104   Procurement integrity.

1803.104-1   Definitions.
   "Agency ethics official" means for Headquarters, the General Counsel and the Associate General Counsel for General Law, and for each center, the Chief Counsel.

1803.104-4   Disclosure, protection, and marking of contractor bid or proposal information and source selection information.
   (a)  Government employees serving in the following positions are authorized access to proprietary or source selection information, but only to the extent necessary to perform their official duties.
            (i)   Personnel participating in source evaluation board (SEB) procedures (see 1815.370) or personnel evaluating an offeror's or bidder's technical or cost proposal under other competitive procedures, and personnel evaluating protests.
            (ii)  Personnel assigned to the contracting office.
            (iii) The initiator of the procurement request (to include the official having principal technical cognizance over the requirement).
            (iv) Small business specialists.
            (v)  Personnel assigned to counsel's office.
            (vi) Personnel assigned to the Defense Contract Audit Agency and contract administration offices of the Department of Defense.
            (vii) Personnel responsible for the review and approval of documents in accordance with the Master Buy Plan Procedure in Subpart 1807.71.
            (viii) Other Government employees authorized by the contracting officer.
            (ix)  Supervisors, at any level, of the personnel listed in paragraphs 1803.104-4(a)(i) through (viii).
            (x)   Duly designated ombudsman.

(c)(i)   The originator of information that may be source selection information shall consult with the contracting officer or the procurement officer, who shall determine whether the information is source selection information. NASA personnel responsible for preparing source selection information as defined in FAR 2.101 shall assure that the material is marked with the legend in FAR 3.104-4(c) at the time the material is prepared.
    (ii)  Unless marked with the legend "SOURCE SELECTION INFORMATION -- SEE FAR 2.101 and 3.104," draft specifications, purchase descriptions, and statements of work are not considered source selection information and may be released during a market survey in order to determine the capabilities of potential competitive sources (see FAR Subpart 7.1). All documents, once released, must remain available to the public until the conclusion of the acquisition.

1803.104-7  Violations or possible violations.
   (a)(1)  The Procurement Officer is the individual designated to receive the contracting officer's report of violations.
   (b)  The head of the contracting activity (HCA) or designee shall refer all information describing an actual or possible violation to the installation's counsel and inspector general staff and to the Assistant Administrator for Procurement (Code HS).
   (f)  When the HCA or designee determines that award is justified by urgent and compelling circumstances or is otherwise in the interest of the Government, then that official shall submit a copy of the determination to the Assistant Administrator for Procurement (Code HS) simultaneous with transmittal to the Administrator.

Subpart 1803.2--Contract or Gratuities to Government Personnel

1803.203   Reporting suspected violations of the Gratuities clause.
  Any suspected violations of the clause at FAR 52.203-3, Gratuities, shall be reported to the installation's Office of Inspector General.

Subpart 1803.3--Reports of Suspected Antitrust Violations

1803.303   Reporting suspected antitrust violations.
  (b)(i)  When offers are received that, in the opinion of the contracting officer, indicate possible antitrust violations, the contracting officer shall report the circumstances to the General Counsel, NASA Headquarters, through the Office of Procurement (Code HS). Reports should not be submitted automatically but only when there is reason to believe the offers may not have been arrived at independently. These reports shall be submitted with conformed copies of bids or proposals, contract documents, and other supporting data, and shall set forth --
                 (A)  The noncompetitive pattern or situation under consideration;
                 (B)  Purchase experience in the same product or service for a reasonable period (one or more years) preceding receipt of the offers under consideration, including unit and total contract prices and abstracts of bids;
                 (C)  Community of financial interest among offerors, insofar as it is known;
                 (D)  The extent, if any, to which specification requirements or patents restrict competition;
                 (E)  Any information available about the pricing system employed in offers believed to reflect noncompetitive practices; and
                 (F)  Any other pertinent information.
           (ii)  Evidence of practices that, in the opinion of the General Counsel, NASA Headquarters, may violate the antitrust laws shall be forwarded to the Attorney General of the United States (see FAR 3.303).
   (d)  The contracting officer shall submit the identical bid report required by FAR 3.303(d) to NASA Headquarters, Office of Procurement (Code HS). The report shall include the reasons for suspecting collusion. Code HS shall forward a copy to the NASA Office of the Inspector General.

Subpart 1803.5--Other Improper Business Practices

1803.502   Subcontractor kickbacks.
   Contracting officers shall report suspected violations of the Anti-Kickback Act in accordance with 1809.470.

Subpart 1803.6--Contracts with Government Employees or
Organizations Owned or Controlled by Them

1803.602   Exceptions.
   The Assistant Administrator for Procurement has been delegated the authority to authorize an exception to the policy in FAR 3.601. The Assistant Administrator for Procurement has redelegated this authority to the heads of contracting activities (HCAs) for individual actions in the aggregate of $100,000 and below, inclusive of follow-on acquisitions, with concurrence by the HCA's Office of Chief Counsel.  All requests above the HCA's authority shall be forwarded to the Assistant Administrator for Procurement (Code HS) for approval.

Subpart 1803.7--Voiding and Rescinding Contracts

1803.704   Policy.
   (a)  The Assistant Administrator for Procurement has been delegated authority to void or rescind contracts when there is a final conviction for violation of 18 U.S.C. 201-224 (Bribery, Graft and Conflicts of Interest) relating to them.

1803.705   Procedures.
  Procurement officers shall make reports to the Assistant Administrator for Procurement (Code HS). The Assistant Administrator for Procurement is responsible for the actions, notices, and decisions required by FAR 3.705(c), (d), and (e).

Subpart 1803.8--Limitation on the Payment of Funds
to Influence Federal Transactions

1803.804   Policy.
  Procurement officers shall forward one copy of each Disclosure of Lobbying Activities (SF-LLL) furnished pursuant to FAR 3.803 to the Office of Procurement (Code HS). The original shall be retained in the contract file. Forms shall be submitted semi-annually by April 15th for


the six-month period ending March 31st, and by October 15th for the period ending September 30th.

1803.806   Processing suspected violations.
  The Assistant Administrator for Procurement (Code HS) is the designated official to whom suspected violations of the Act shall be referred.

Subpart 1803.70--IG Hotline Posters

1803.7000 Policy.

  NASA requires contractors to display NASA hotline posters prepared by the NASA Office of Inspector General on those contracts specified in 1803.7001, so that employees of the contractor having knowledge of waste, fraud, or abuse, can readily identify a means to contact NASA's IG.

 

1803.7001 Contract clause.

  Contracting officers must insert the clause at 1852.203-70, Display of Inspector General Hotline Posters, in solicitations and contracts expected to exceed $5,000,000 and performed at contractor facilities in the United States.



1804.7401                           Definitions.             

1804.7402                            Policy

1804.7403                            Procedures.

1804.7404                            Solicitation provisions and contract clauses.         

 

 

PART 1804

ADMINISTRATIVE MATTERS

 

Subpart 1804.1--Contract Execution

 

1804.103  Contract clause.

   The contracting officer shall include the clause at FAR 52.204-1, Approval of Contract, in solicitations, contracts, and supplemental agreements that require higher level approval.  For actions requiring Headquarters approval, insert "NASA Assistant Administrator for Procurement" in the clause's blank space.

 

1804.170  Contract effective date.

   (a)  "Contract effective date" means the date agreed upon by the parties for beginning the period of performance under the contract.  In no case shall the effective date precede the date on which the contracting officer or designated higher approval authority signs the document.

   (b)  Costs incurred before the contract effective date are unallowable unless they qualify as precontract costs (see FAR 31.205-32) and the clause prescribed at 1831.205-70 is used.

 

Subpart 1804.2--Contract Distribution

 

1804.202  Agency distribution requirements.

   In addition to the requirements in FAR 4.201, the contracting officer shall distribute one copy of each R&D contract, including the Statement of Work, to the NASA Center for AeroSpace Information (CASI), Attention:  Document Processing Section, 7121 Standard Drive, Hanover, MD  21076-1320.

 

1804.203  Taxpayer identification information.

   Instead of using the last page of the contract to provide the information listed in FAR 4.203, NASA installations may allow contracting officers to use a different distribution method, such as annotating the cover page of the payment office copy of the contract.

 

Subpart 1804.4--Safeguarding Classified Information Within Industry

 

1804.402 General.

   (b)  NASA security policies and procedures are prescribed in NPD 1600.2A, NASA Security Policy; NPG 1600.6A, Communications Security Procedures and Guidelines; NPG 1620.1, Security Procedures and Guidelines; NPG 2810.1 and NPD 2810.1 Security of Information Technology.

 

1804.404-70  Contract clause.

   The contracting officer shall insert the clause at 1852.204-75, Security Classification Requirements, in solicitations and contracts if work to be performed will require security clearances.  This clause may be modified to add instructions for obtaining security clearances and access to security areas that are applicable to the particular acquisition and installation.

 

1804.470  Security requirements for unclassified information technology resources.

 

1804.470-1  Scope.

   This section implements NASA's acquisition‑related aspects of Federal policies for assuring the security of unclassified automated information resources

 

1804.470-2  Policy.

   (a) NASA policies and procedures on security for automated information technology are prescribed in NPD 2810.1, Security of Information Technology, and in NPG 2810.1, Security of Information Technology.  The provision of information technology (IT) security in accordance with these policies and procedures, is required in all contracts that include IT resources or services in which a contractor must have physical or electronic access to NASA's sensitive information contained in unclassified systems that directly support the mission of the Agency. This includes information technology, hardware, software, and the management, operation, maintenance, programming, and system administration of computer systems, networks, and telecommunications systems. Examples of tasks that require security provisions include:

          (1)  Computer control of spacecraft, satellites, or aircraft or their payloads;

          (2)  Acquisition, transmission or analysis of data owned by NASA with significant replacement costs should the contractor’s copy be corrupted; and

          (3)  Access to NASA networks or computers at a level beyond that granted the general public, e.g. bypassing a firewall.

   (b) The contractor must not use or redistribute any NASA information processed, stored, or transmitted by the contractor except as specified in the contract. 

 

1804.470-3  Security plan for unclassified Federal Information Technology systems.

   (a) The requiring activity with the concurrence of the Center Chief Information Officer (CIO), and the Center Information Technology (IT) Security Manager, must determine whether an IT Security Plan for unclassified information is required.

   (b)  IT security plans  must demonstrate a thorough understanding of NPG 2810.1 and NPD 2810.1 and must include, as a minimum, the security measures and program safeguards planned to ensure that the information technology resources acquired and used by contractor and subcontractor personnel --

          (1)  Are protected from unauthorized access, alteration, disclosure, or misuse of information processed, stored, or transmitted;

          (2)  Can maintain the continuity of automated information support for NASA missions, programs, and functions;

           (3)  Incorporate management, general, and application controls sufficient to provide cost-effective assurance of the systems' integrity and accuracy;

          (4)  Have appropriate technical, personnel, administrative, environmental, and access safeguards;



1804.7101  Policy.

   (a)  Contractual documents shall be numbered with approved prefixes and serial numbers as prescribed in this subpart. If other identification is required for center purposes, it shall be placed on the document in such a location as to clearly separate it from the identification number.

   (b)  The identification number shall consist of not more than 11 alpha-numeric characters positioned as prescribed in this subpart and shall be retained unchanged for the life of the particular instrument.

 

1804.7102  Prefixes.

   (a)  Approved prefixes are as follows:

 

INSTALLATION     

CONTRACT PREFIX

PURCHASE ORDER

PREFIX

Ames Research Center                      

NAS 2

A

Dryden Flight Research Center

NAS 4

E

Glenn Research Center at Lewis Field

NAS 3

C

Goddard Space Flight Center             

NAS 5

S

Headquarters                                   

NASW

W

Lyndon B. Johnson Space Center

NAS 9

T

John F. Kennedy Space Center           

NAS10

CC

Langley Research Center                   

NAS 1

L

George C. Marshall Space Flight Center

NAS 8

H

NASA Management Office-JPL      

NAS 7

WO

John C. Stennis Space Center             

NAS 13

NS

 

   (b)  The contract prefix shall be used for the following documents:

         (1)  Contracts, including letter contracts, indefinite-delivery contracts, utilities contracts, leases of real property and renewals.

         (2)  Easements.

         (3)  Basic ordering agreements.

         (4)  Other written agreements involving payment or receipt of funds not covered by 1804.7102(e).

   (c)  Contracts totally funded under reimbursable arrangements with the Department of Energy shall use a DEN prefix instead of the NAS prefix (e.g., DEN 8 for Marshall).

   (d)  Space Act agreements awarded under the authority of Section 203(c)(5) or 203(c)(6) of the Space Act shall use an NCA prefix instead of the NAS prefix (e.g., NCA 8 for Marshall).

   (e)  The purchase order prefix shall be used for purchase orders (including blanket purchase agreements) and requests to other Government agencies to furnish supplies or services.

   (f)  Solicitations shall be numbered in accordance with installation procedures, except that in all cases the identifying number shall begin with the portion of the installation's contract prefix following “NAS.”

   (g)  If a prefix is required for an installation or office not listed in this subsection, a request for a prefix assignment shall be submitted to the Headquarters Office of Procurement (Code HS).

 

 

1804.7103  Serial numbers.

   (a)  Installations shall number contracts and agreements identified in 1804.7102(b) serially by fiscal year.  The serial number shall be five digits beginning with a two-digit fiscal year identifier followed by a three digits commencing with "001" and continuing in succession.  For example, the first contracts awarded by Ames Research Center in fiscal year 1997 shall be numbered NAS 2 97001 and NAS 2 97002.  Fiscal year identification is optional for Space Act agreements.

   (b)  Serial numbers for purchase orders shall be assigned serially without fiscal year identification. When the series of numbers exceeds five digits (over 99,999), a new series shall be used, beginning the series with number "1" and followed by the capital letter "A."  Should additional series become necessary, they will be distinguished by the capital letters "B," "C," and so forth, as may be required, except that the letters "I" and "O" shall not be used.

 

1804.7104  Modifications of contracts or agreements.

   (a)  Modifications of definitive or letter contracts or agreements shall (1) bear the same identification as the contract or agreement being modified and (2) be numbered consecutively for each contract or agreement, beginning with Modification Number 1, regardless of whether the modification is accomplished by unilateral or bilateral action. Except for termination notices, modifications shall be effected by the use of Standard Form 30, Amendment of Solicitation/Modification of Contract.

   (b)  Definitive contracts superseding letter contracts shall retain the same contract number as that originally assigned to the letter contract.  Actions definitizing letter contracts are considered modifications and shall be assigned modification numbers in accordance with paragraph (a) of this subsection.

  

Subpart 1804.72--Review and Approval of Contractual Instruments

 

1804.7200    Contract review by Headquarters.

   (a)  Requests for approval of contracts and supplemental agreements by the Assistant Administrator for Procurement shall be submitted to the Headquarters Office of Procurement (Code HS) in sufficient time to allow a minimum of 15 days for review.

   (b)  Each request for approval shall be accompanied by (1) five copies of the contractual document, one of which has been executed by the contractor and contracting officer, and (2) the official contract file containing the appropriate documentation as set forth in FAR 4.803(a). However, for the items specified in FAR 4.803(a)10, (11), and (12), the contracting officer shall provide documentation pertaining only to the successful offeror; and, in lieu of the items specified in FAR 4.803(a)(26)(ii) and (iii), the contracting officer shall provide an index briefly describing the content of all previous modifications.

   (c)  The approval required under this section shall be made by signature of the Assistant Administrator for Procurement on the contract/supplemental agreement.

 

Subpart 1804.73--Procurement Requests

 

1804.7301  General.

   (a)  Except in unusual circumstances, the contracting office shall not issue solicitations until an approved procurement request (PR), containing a certification that funds are available, has been received. However, the contracting office may take all necessary actions up to the point of contract obligation before receipt of the PR certifying that funds are available when -

          (1)  Such action is necessary to meet critical program schedules;

          (2)  Program authority has been issued and funds to cover the acquisition will be available prior to the date set for contract award or contract modification;

          (3)  The procurement officer authorizes such action in writing before solicitation issuance; and

          (4)  The solicitation includes the clause at FAR 52.232-18, Availability of Funds. The clause shall be deleted from the resultant contract.

   (b)  The contracting office shall not issue either a draft or final solicitation until a PR, either planning or final, has been received that contains an NPG 7120.5 certification.  That certification must be made by the project or program office that initiated the PR, or the PR approval authority when there is no project or program office.  The certification must state that either -

          (1)  The requested action is not in support of programs and projects subject to the requirements of NPG 7120.5, or

          (2)  The requested action is in support of programs and projects subject to the requirements of NPG 7120.5, and -

               (i)    All NPG 7120.5 required documentation is current and has been approved; or

               (ii)   Authority to proceed without the required documentation has been granted by the Chair of the Governing Program Management Council or designee.

 

Subpart 1804.74--Central Contractor Registration

 

1804.7400  Scope.

   This subpart prescribes policies and procedures for requiring contractor registration in the DoD Central Contractor Registration (CCR) database.

 

1804.7401  Definitions.

   “Central Contractor Registration (CCR) database,” “Data Universal Numbering System (DUNS) number,” “Data Universal Numbering System+4 (DUNS+4) number,” “Commercial and Government Entity (CAGE) Code,” and “Registered in the CCR database” are defined in the clause at 1852.204-74, Central Contractor Registration.

 

1804.7402  Policy.

   Prospective contractors must be registered in the CCR database, prior to any award of a contract, purchase order, basic agreement, basic ordering agreement, or blanket purchase agreement after March 31, 2001. This policy applies to all types of awards except the

following:

   (a)  Purchases made with a Government-wide commercial purchase card.

   (b)  Awards made to foreign vendors for work performed outside of the United States.

   (c)  Purchases under FAR 6.302-2, Unusual and Compelling Urgency.

 

1804.7403  Procedures.

   (a) (1)  The contracting officer must verify that the prospective awardee is registered in the CCR database using either the Cage Code, DUNS number or, if applicable, the DUNS+4 number, via the Internet at http://www.ccr.gov or by calling toll free: 888-CCR-2423 (888-227-2423), commercial: 616-961-5757.

          (2)  Verification of registration is not required for orders or calls placed under contracts, basic agreements, basic ordering agreements, or blanket purchase agreements in which vendor registration was verified at the time of award of the contract or agreement.

   (b)  If the contracting officer determines that a prospective awardee is not registered in the CCR database after March 31, 2001, the contracting officer must --

          (1)  If delaying the acquisition would not be to the detriment of the Government, proceed to award after the contractor is registered;

          (2)  If delaying the acquisition would be to the detriment of the Government, proceed to award to the next otherwise successful registered offeror, with the written approval of the Procurement Officer; or

          (3)  If the offer results from an invitation for bids, determine the offer to be non-responsive and proceed to award to the next otherwise successful registered offeror.

   (c)  The contracting officer must protect against improper disclosure of contractor CCR information.

 

1804.7404  Solicitation provisions and contract clauses.

   Except as provided in 1804.7402, the contracting officer must use the clause at 1852.204-74, Central Contractor Registration, in all solicitations and contracts, including those for commercial items.



excluding unexercised options, of $25 million or greater.  This threshold applies to new awards, contract modifications, and option exercises, but not to incremental funding or cost overrun modifications.

               (A)  For undefinitized contract actions, the not-to-exceed (NTE) or ceiling price value is the face value.

               (B)    For indefinite delivery, time and material, labor hour, and similar contracts, the estimated amount of the basic contract is the face value.  Individual orders up to the face value shall not be announced regardless of value.  However, after the face value is reached, any subsequent modifications or orders of $25 million or greater must be announced.

        (ii)  NASA Headquarters public announcement is also required for award of a contract action with a value of less than $25 million if the contracting officer believes it to have Agency public information implications.

        (iii) Contractual instruments requiring Headquarters public announcement shall not be distributed nor shall any source outside NASA be notified of their status until the public announcement procedures in 1805.303-70 have been completed.

 

1805.303-70  NASA Headquarters public announcement.

   (a) For those contract actions requiring Headquarters public announcement in accordance with 1805.303, the contracting officer shall furnish a draft news release including the following information, through the installation Public Affairs Office, via facsimile transmission to the Headquarters Office of Public Affairs, News and Imaging Branch (Code PM): 

        (1)  A brief description of the work, including identification of the program and project;

        (2) Identification of the contract action as either a new contract or additional work or services under an existing contract;

        (3)  Contract type.  For undefinitized contract actions, identify the planned contract type of the definitized instrument;

        (4)  The dollar amount authorized for the instant action and the estimated total cost of the contract if this is different.  For undefinitized contract actions, indicate the NTE or ceiling price amount;

        (5)  Name and address (including zip code) of the contractor;

        (6)  Principal work performance locations;

         (7)  Names and addresses of any unsuccessful offerors.

   (b)  The information in paragraph (a) of this section shall be provided to Code PM before transmitting a letter contract to a contractor for signature.  For actions other than letter contracts, the information should be transmitted to Code PM after contractor signature, if applicable, no later than 48 hours before the planned award.

   (c) For contract actions requiring Headquarters approval in accordance with 1804.72, the draft news release required by paragraph (a) of this section shall be provided to the Headquarters Office of Procurement (Code HS) with the request for approval.  Code HS will forward the information to Code PM after approval.

   (d) Code PM will advise the installation Public Affairs Office of the date public announcement of the contract action will be made.  Installations may proceed with award and local release of the information no earlier than 4:00 P.M. ET of the date Code PM makes public announcement.  If earlier award is considered appropriate, installations must request authorization from the Assistant Administrator for Procurement (Code HS).

 

1805.303-71  Administrator’s notice of significant contract actions (ANOSCAs).

   (a) In addition to the public announcement requirements described in 1805.303-70, contracting officers shall notify the Administrator of the following significant actions at least five (5) workdays prior to planned public announcement of the actions:      

        (1)  Planned contract award for competitive acquisitions of $25 million or more, including all priced options.

        (2)  Planned contract award of non-competitive awards and new work modifications of $100 million or more, including all priced options.

        (3)  Planned award of other actions, to include cooperative agreements resulting from a Cooperative Agreement Notice (CAN), at any dollar value thought to be of significant interest to Headquarters.    

   (b) To provide notification to the Administrator, the contracting officer shall send the information listed in paragraphs (b)(1)-(10) of this section to the Headquarters Office of Procurement (Code HS) via facsimile transmission (202-358-4065).  Immediately prior to transmission, the contracting officer shall notify Code HS by telephone of the impending transmission.  In accordance with FAR 3.104-5(c), the contracting officer shall mark all pages that include source selection information with the legend "SOURCE SELECTION INFORMATION - SEE FAR 3.104."  The following information shall be sent:

        (1)  Title and a brief nontechnical description of the work, including identification of the program or project;

        (2)  Identification of the contract action as either a new contract or additional supplies or services under an existing contract;

        (3)  Contract type (including whether a cost contract is completion or level-of-effort).  For undefinitized contract actions, identify the planned contract type of the definitized instrument;

        (4)  The total contract value for the instant action including all priced options.  Also include the Government's most probable cost.  For undefinitized contract actions, indicate the NTE or ceiling price amount;  

        (5)  The name, address, and business size status of the prime contractor and each major (over $1M) subcontractor;

        (6)  Small business and small disadvantaged business subcontracting goals both in dollars and percentage of the value of the action including all options;

        (7)  Principal work performance locations;

        (8)  Brief description of any unusual circumstances;

        (9)  The names and telephone numbers of the contracting officer and project manager; and

        (10) For competitive selections only, provide on a separate attachment the names and addresses of all unsuccessful offerors and a brief explanation of the general basis for the selection.

   (c) The field installation shall not proceed with any awards or announcements until Code HS has advised that the Administrator has been notified of the proposed action and the supporting information.  Once this advice is received from Code HS, the field installation shall proceed with the public announcement procedures described in 1805.303-70.

 

Subpart 1805.4--Release of Information

 



4.  The exclusion of this source will increase or maintain competition and is likely to result in reduction of     (2)     in overall costs for any anticipated acquisition of the supplies or services being acquired.  This estimate is based on     (3)   .

 

(See Note 4 for the use of Alternates I and II below.)

 

Alternate I:  The exclusion of this source will serve the national defense interest by having an alternative supplier available for furnishing the supplies or services being acquired, in case of a national emergency or industrial mobilization, because     (5)   .

 

Alternate II:  The exclusion of this source will serve the national defense interest by establishing or maintaining an essential engineering, research, or development capability of an educational or other nonprofit institution or a federally funded research and development center, because     (5)     .

 

Determination

 

The exclusion of the source identified above will increase or maintain competition and is likely to result in reduced overall costs for any anticipated acquisition of the supplies or services being acquired.

 

(See Note 4 for the use of Alternates I and II below.)

 

Alternate I:  It is in the interest of the national defense to exclude the source identified above in order to have an alternative supplier available for furnishing the supplies or services being acquired, in case of a national emergency or industrial mobilization.

 

Alternate II:  It is in the interest of national defense to exclude the source identified above in order to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center.

 

Date___________

 

NOTES:

1.  Name of source to be excluded.

2.  Description of estimated reduction in overall costs.

3.  Description of how estimate was derived.

4.  In paragraph 4 and in the Determination, the basic wording is appropriate when FAR 6.202(a)(1) applies; Alternate I is appropriate when FAR 6.202(a)(2) applies; and Alternate II is appropriate when FAR 6.202(a)(3) applies.

5. Description of circumstances necessitating the exclusion of the identified source.

 

Subpart 1806.3--Other Than Full and Open Competition

 

1806.302  Circumstances permitting other than full and open competition.

 

1806.302-4  International agreement.

 

1806.302-470    Documentation.

   Pursuant to 10 U.S.C. 2304(f)(2)(E), an individual justification for other than full and open competition under the authority of FAR 6.302-4 is not required when the procurement officer signs a Memorandum for the Record that:

   (a) describes the specific terms of the international agreement or treaty that limit acquisitions in support of, or as a result of, the agreement or treaty to less than full and open competition; and

   (b) is included in each official contract file in the place for filing a Justification for Other than Full and Open Competition (see NASA Form 1098).

 

1806.302-7  Public interest.

   (c)(2) The notice to Congress shall be made by NASA Headquarters, Office of Legislative Affairs (Code L).  Code HS shall request the notice to be made immediately upon approval of a D&F and shall advise the contracting activity of the date upon which the notification period ends.

       (3) The contracting officer shall prepare the D&F required by FAR 6.302-7(c)(1) in any  format that clearly documents the determination and the supporting findings.

 

1806.303  Justifications.

 

1806.303-1  Requirements.

   (b)     Justifications for using less than full and open competition may be prepared by the technical office initiating the contract action when it is recommending the use of the justification authority, or by the contracting officer if the technical office does not make such a recommendation.

   (d) The contracting officer shall send a copy of each approved justification or D&F that cites the authority of FAR 6.302-3(a)(2)(i) or FAR 6.302-7 to NASA Headquarters, Office of Procurement  (Code HK), unless one of the exceptions at FAR 25.401 applies to the acquisition. The transmittal shall indicate that the justification is being furnished under FAR 6.303-1(d).

 

1806.303-170  Sole-source purchases by contractors.

   The requirements of FAR Part 6 and NFS Part 1806 apply if NASA directs a prime contractor (by specifications, drawings, parts lists, or otherwise) to purchase items on a sole-source basis.  Accordingly, procurement officers shall take necessary actions to ensure that such sole-source acquisitions are properly justified.

 

1806.303-2  Content.

 

1806.303-270  Use of unusual and compelling urgency authority.

   If the authority at FAR 6.302-2 is used for extending the performance period of an existing services contract, the justification shall contain the information required by FAR 6.303-2 and;

   (a) Documentation that the acquisition process for the successor contract was started early enough to allow for adequately planning and conducting a full and open competition, together with a description of the circumstances that prevented award in a timely manner; and

   (b) Documentation of the reasons why no other source could practicably compete for the interim requirement.


1806.304-70  Approval of NASA justifications.

   Concurrences and approvals for justifications of contract actions conducted in accordance with FAR Subparts 6.2 and 6.3 shall be obtained as follows:

   (a) For proposed contracts over $500,000 but not exceeding $10,000,000 -

       (1) Concurring official: Procurement Officer

       (2) Approving official: Center or Headquarters Competition Advocate.

   (b)  For proposed contracts over $10,000,000 but not exceeding $50,000,000 -

       (1) Concurring officials:

            (i)  Procurement Officer

            (ii) Center or Headquarters Competition Advocate

       (2) Approving official: Center Director or Director for Headquarters Operations.

   (c) For proposed contracts over $50,000,000 -

       (1) Concurring officials:

            (i)  Procurement Officer

            (ii) Center or Headquarters Competition Advocate

            (iii) Center Director or Director for Headquarters Operations

            (iv) Agency Competition Advocate

       (2) Approving Official: Assistant Administrator for Procurement

   (d) The approval authority of FAR 6.304(a)(3) may not be delegated to other than the installation's Deputy Director.

   (e) For proposed contract actions requiring approval by the Assistant Administrator for Procurement, the original justification shall be forwarded to the Assistant Administrator for Procurement (Code HS).

   (f) Regardless of dollar value, class justifications shall be approved by the Assistant Administrator for Procurement.

 

Subpart 1806.5--Competition Advocates

 

1806.501  Requirement.

   (1)     The Deputy Assistant Administrator for Procurement is the agency competition advocate, reporting to the Associate Deputy Administrator on issues related to competition of NASA acquisitions.

   (2) The Center Deputy Directors or Associate Directors are the competition advocates for their contracting activities.

   (3) The Headquarters Chief Financial Officer, Code CF, is the competition advocate for the Headquarters contracting activity.

 

1806.502  Duties and Responsibilities.

   (b)(i)  Center competition advocates shall submit annual reports to the agency competition advocate (Code HS) on or before November 30.

       (ii) The agency competition advocate shall submit an annual agency report on or before January 31.



charts, shall be included in the contract file to document completion of the acquisition plan required by 1807.103.

   (b)  The ASM is not a requirements definition meeting.  It is a meeting to seek approval for the proposed acquisition approach for requirements that were previously defined and agreed to by the cognizant offices.

   (c)  Headquarters ASMs will be chaired by the Assistant Administrator for Procurement or designee.  The Headquarters Office of Procurement (Code HS) will prepare the minutes of  Headquarters ASMs and distribute them to all attendees for review prior to approval by the ASM chairperson.

   (d)  For field installation ASMs, the minutes shall be approved in accordance with installation procedures.

 

Subpart 1807.2--Planning for the Purchase of Supplies in Economic Quantities

  

1807.204  Responsibilities of contracting officers.

   (a)  The contracting officer shall transmit in writing to the cognizant inventory management/requirements office either the actual offeror responses or a summary of their salient points.  The transmittal should be made within five working days after the closing date for receipt of offers; however, if a response indicates the potential for a significant savings, it should be transmitted immediately.

 

Subpart 1807.3--Contractor Versus Government Performance

  

1807.307  Appeals.

   (a)  Installations shall establish appeals procedures in accordance with NMI 7410.3, Delegation of Authority for Acquisition of Commercial Activities for NASA's Use.

 

Subpart 1807.5--Inherently Governmental Functions

 

1807.503  Policy.

   (e)  The field installation requirements office shall provide the contracting officer the written determination that none of the statement of work tasks are inherently governmental.  Disagreements regarding the determination shall be resolved in accordance with installation procedures.  

 

Subpart 1807.70--Consolidated Contracting

 

1807.7000  General.

   The Consolidated Contracting Initiative (CCI) is NASA’s commitment to the cooperative creation and utilization of contracts, whenever practicable, to meet common Agency needs.        CCI aims at improving acquisition efficiency by identifying and logically combining similar requirements.  Complete information on the initiative, with its implementation guidance, is available in the internet (http://prod.nais.nasa.gov/cgi-bin/cci/first.cgi).

 

Subpart 1807.71--Master Buy Plan

 

1807.7100  General.

   The Master Buy Plan provides information on planned acquisitions to enable management to focus its attention on a representative selection of high-dollar-value and otherwise sensitive acquisitions.

 

1807.7101  Applicability.

   (a)  The Master Buy Plan applies to each negotiated acquisition, including supplemental agreements, and acquisitions through or from other Government agencies, where the dollar value, including the aggregate amount of options, follow-on acquisitions, or later phases of multi-phase acquisitions, is expected to equal or exceed $50,000,000.

   (b)  For initial annual Master Buy Plan submission only, each installation shall submit its three largest acquisitions regardless of dollar value and all acquisitions over $50,000,000.

   (c)  The procedure also applies to:

         (1)  Any supplemental agreement that contains either new work, a debit change order, or a credit change order (or any combination/ consolidation thereof), if the absolute value of the actions equals or exceeds $50,000,000 (e.g., the absolute value of a supplemental agreement adding $30,000,000 of new work and deleting $30,000,000 of work is $60,000,000, and is therefore subject to the Master Buy Plan).

         (2)  Any supplement agreement that contains one or more elements (new work and/or individual change orders) of a sensitive nature that, in the judgment of the installation or Headquarters, warrants Headquarters consideration under the Master Buy Plan, even though the value does not equal or exceed $50,000,000.

         (3)  Any cooperative agreement notice where the total value (the Government's contribution plus the contribution of the recipient) of any resulting cooperative agreement is expected to equal or exceed $50,000,000.

         (4)  Any acquisition designated by NASA Headquarters regardless of its value.

   (d)  The Master Buy Plan does not apply to incremental funding actions or termination settlement agreements.

 

1807.7102  Submission, selection, and notification procedures.

 

1807.7102-1  Submission of Master Buy Plan.

   (a)  Prior to July 15th of every year, each installation shall submit to the Headquarters Office of Procurement (Code HS) a Master Buy Plan (electronically or original and eight copies) for the next fiscal year, listing every known acquisition that (1) meets the criteria in 1807.7101, (2) is expected to be initiated in that fiscal year, and (3) has not been included in a previous Master Buy Plan or amendment to a Master Buy Plan.

   (b)  The fiscal year Master Buy Plan shall list all uncompleted acquisitions selected for Headquarters review and approval from prior Master Buy Plans and amendments to Master Buy Plans.  These acquisitions should be listed by the appropriate fiscal year Master Buy Plan and individual item numbers, and should indicate the current status of the individual acquisition documents previously selected for Headquarters review and approval.



   Propellant, Hydrogen, Liquid, Type II, Spec MIL-P-27201

   Propellant, Hydrogen Peroxide, Spec MIL-P-16005

   Propellant, Hydrogen Peroxide, Electrolytic Process, Spec MIL-P-16005

   Propellant, Jet Fuel, Grade RJ-1, Spec MIL-F-25558

   Propellant, JPX, 50 percent UDMH-50 percent JP-4, Spec MIL-P-26694

   Propellant, JPX, 17 percent UDMH-83 percent JP-4, Spec MIL-P-26694

   Propellant, Kerosene, Grade RP-1, Spec MIL-P-25576

   Propellant, Monomethyl Hydrazine, Spec MIL-P-27404

   Propellant, Neon, Liquid, AFPID 9135-16

   Propellant, Nitric Acid, Type IIIB, Spec MIL-P-7254

   Propellant, Nitric Acid, Type III LS, Spec MIL-P-7254

   Propellant, Nitric Acid, Type IV (High Density Acid), Spec MIL-P-7254

   Propellant, Nitrogen Tetroxide (NTO)  (MON-1) (MON-3), Spec MIL-P-26539

   Propellant, Nitrogen Tetroxide (NTO), MIL-P-26539

   Propellant, Nitrogen Tetroxide (MON-1), Spec MIL-P-26539

   Propellant, Nitrogen Tetroxide (MON-3), Spec MIL-P-26539

   Propellant, Oxygen, Grade B, Spec MIL-P-25508

   Propellant, Oxygen, Grade A, Spec MIL-P-25508

   Propellant, Oxygen, Grade F, Spec MIL-P-25508

   Propellant Pressurizing Agent, Helium, Spec MIL-P-27407, 99.995 pct min assay

   Propellant Pressurizing Agent, Nitrogen, Type II, Liquid Grade C, Spec MIL-P-27401

   Propellant Pressurizing Agent, Nitrogen, Type I, Gaseous Grade A, Spec MIL-P-27401

   Propellant Pressurizing Agent, Nitrogen, Type I, Grade B, Spec MIL-P-27401

   Propellant Pressurizing Agent, Nitrogen, Type II, Grade A, Spec MIL-P-27401

   Propellant Pressurizing Agent, Nitrogen, Type II, Grade B, Spec MIL-P-27401

   Propellant, Unsymmetrical Dimethyl-hydrazine, Spec MIL-P-25604

   Propellant, Nitrogen Trifluoride Spec MIL-P-87896

   Propellant Pressurizing Agent, Argon, Liquid, AFPID 9135-19

 

1808.002-75  Acquisition of mercury.

   (a)  Requests for mercury by NASA installations for their use or for use by their cost-reimbursement type contractors shall be made to the Mercury Contract Specialist, Directorate of Stockpile Contracts, DLA, Defense National Stockpile Center, 8725 John J. Kingman Rd., #3339, Ft. Belvoir, VA 22060-6223.  DLA will furnish the current fair market value to NASA.  The unit of issue is a 76-pound flask.

   (b)  Requests for clearance to purchase quantities of 76 pounds or more from sources other than DLA shall be submitted to the office in paragraph (a) of this section and must be accompanied by a statement of reasons why the available excess mercury is unsuitable for use by the requesting field installation.

 

Subpart 1808.1--Excess Personal Property

 

1808.103  Information on available excess personal property.


   In addition to the sources identified in FAR 8.103, information on availability of NASA excess property is maintained by the Installation Property Disposal Officer and the NASA Equipment Management System (NEMS) Coordinator.          

 

Subpart 1808.4--Federal Supply Schedules

 

1808.404  Using schedules.

 

1808.404-3  Requests for waivers.

   (a)  The head of the NASA office initiating the procurement request or a designated representative shall furnish the NASA contracting office a signed statement identifying the supplies or services to be purchased and explaining why similar items listed in the applicable schedule will not meet the requirement.

   (b)  If a waiver is not granted, the case shall be referred to the Assistant Administrator for Procurement (Code HS) for a final decision as to whether the non-schedule item will be purchased. The Assistant Administrator for Procurement shall promptly notify the Commissioner, Federal Supply Service, GSA, and the contracting office of the decision.

 

Subpart 1808.6--Acquisition from Federal Prison Industries, Inc.

 

1808.605  Clearances.

   (a)  NASA purchase orders or contracts written pursuant to a general or blanket clearance need not be supported by a copy of the clearance, but the clearance number must be cited on the purchase order or contract as well as on the initial voucher.  A copy of the clearance certificate must be attached to the initial voucher.

   (c)  When disputes occur, the contracting officer shall refer the matter to the Assistant Administrator for Procurement (Code HS) for review and any further action. Such referrals shall include a complete statement of the attempts made to resolve the matter.

 

Subpart 1808.7--Acquisition from Nonprofit Agencies Employing

People Who are Blind or Severely Disabled

 

1808.705  Procedures.

 

1808.705-1  General.

   The Federal Standard Requisitioning and Issue Procedure (Federal Property Management Regulation, Subpart 101-26.2) shall be used to obtain nonprofit agency-produced supplies from GSA supply distribution facilities.

 

Subpart 1808.8--Acquisition of Printing and Related Supplies

 

1808.802  Policy.



   If the survey will be performed for NASA by a DOD agency, the SF 1403 request is to be sent to the appropriate office shown in the DOD Directory of Contract Administration Services Components, DLAH 4105.4, Attn:  Preaward Survey Monitor.  DOD normally allows seven working days in which to conduct a full survey and submit the report to the requesting agency.

 

1809.106-70  Preaward surveys performed by NASA installations.

   In discussions with representatives of the company being surveyed, NASA preaward survey team members shall not refer to or comment on the possibility of award to the prospective contractor. This does not preclude discussion with a prospective contractor of questionable areas that require clarification. Information obtained during the survey will be treated in strict confidence and divulged only to those Government representatives having a need to know.

 

Subpart 1809.2--Qualifications Requirements

 

1809.200  Scope of subpart.

   This subpart prescribes policies and procedures to be followed in the use of qualified products lists for acquisition of parts consistent with the policies of NASA Policy Directive 8730.2, NASA Parts Policy.

 

1809.202  Policy.

   (a)  Authority regarding agency head actions under FAR 9.202(a) is delegated to the cognizant technical activity, with approval by the installation's competition advocate.

   (e)  The approval authority of FAR 9.202(e) is delegated to the installation's competition advocate.  Requests shall be prepared by the cognizant requirements office and submitted via the procurement officer.

 

1809.203  QPL's, QML's and QBL's.

 

1809.203-70  General.

   (a)  The Deputy Associate Administrator for the Office of Safety and Mission Assurance (Code Q), is responsible for justifying, determining, and approving NASA's need for inclusion and continued use of qualification requirements in specifications under the NASA EEE Parts and Advanced Interconnect Program.

 

1809.203-71  Waiver of qualification requirements.

   When acquiring a product under a specification that includes qualification requirements either for the end item or for components of the end item, the NASA installation conducting the acquisition can waive the qualification requirements.  Directing a waiver of the end item qualification requirement constitutes adequate authorization for waiver of product qualification requirements.  When a waiver has been granted, the solicitation shall specifically indicate that the qualification requirement is inapplicable.  Such information shall also be included in any synopsis of the acquisition (see FAR Subpart 5.2).

 

1809.206  Acquisitions subject to qualification requirements.

 

 

 

1809.206-1  General.

   (b)(i) The authority to determine that an emergency exists is delegated to the installation's competition advocate.  Requests for determination shall be prepared by the cognizant requirements office and submitted through the procurement officer.

         (ii) Requests not to enforce a qualification requirement in a nonemergency situation shall be prepared by the cognizant requirements office and approved by the Headquarters Office of Safety and Mission Assurance (Code Q). 

   (c)  If an offeror seeks to demonstrate its capability, both the product and the producer must meet the established standards.

 

1809.206-70  Small businesses.

   If a small business otherwise eligible for award has been placed in a special status on a Qualified Products List (Mil-Bul-103) or the Qualified Manufacturers List (QML-38510) established as a part of the NASA Microelectronics Reliability Program and the contracting officer determines that the small business does not appear to have the capacity to perform, the certificate of competency procedures in FAR Subpart 19.6 are applicable.

 

1809.206-71  Contract clause.

   When qualified products (end items or components of end items) are being procured, the contracting officer shall insert the clause at 1852.209-70, Product Removal from Qualified Products List, in the solicitation and in the resulting contract.

 

Subpart 1809.4--Debarment, Suspension, and Ineligibility

 

1809.403   Definitions.

   For purposes of FAR Subpart 9.4 and this subpart, the Assistant Administrator for Procurement is the "debarring official," the "suspending official," and the agency head's "designee."

 

1809.404  List of Parties Excluded from Federal Procurement and Nonprocurement   Programs.

(c)  The Office of Procurement (Code HK)  is responsible for taking the actions listed in FAR 9.404(c).

   (d)(1) Installation procurement offices shall notify Code HK of how many copies of the List they want and provide a single mailing address at the installation.  Code HK will place the order for the copies which will be mailed directly to the installation.  Electronic access is also available as described in the List.

 

1809.405  Effect of listing.

   If it is believed that a new contract or subcontract must be awarded to a firm on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, the procurement officer shall prepare a request for a determination with all necessary supporting information and forward it to the Assistant Administrator for Procurement (Code HK) for approval.

 

1809.405-1  Continuation of current contracts.

   (c)  Approval of contract renewals or extensions shall be requested in accordance with 1809.405.

 

1809.405-2  Restrictions on subcontracting.

   (a)  Approval of consent to subcontract shall be requested in accordance with 1809.405. 

 

1809.406  Debarment.

 

1809.406-3  Procedures.

   (a)  The report required by FAR 9.406-3(a) shall be prepared in accordance with 1809.470.

 

1809.407  Suspension.

 

1809.407-3  Procedures.

   (a)  Reports shall be prepared in accordance with 1809.470.

 

1809.408  Certification regarding debarment, suspension, proposed debarment, and other    responsibility matters.

   (a)(2)(A) If the offeror indicates that it has been indicted, charged, convicted, or had a civil judgment rendered against it, the contracting officer shall immediately notify the Assistant Administrator for Procurement (Code HK), providing details as known, and shall await a response before awarding the contract.

             (B) If the offeror discloses information that indicates a need for a debarment or suspension determination, the contracting officer shall report the facts to the Assistant Administrator for Procurement (Code HK) in accordance with 1809.470.

 

1809.470  Reporting of suspected evasive actions and causes for debarment or suspension.

 

1809.470-1  Situations requiring reports.

   A report incorporating the information required by 1809.470-2 of this subpart shall be forwarded by the procurement officer to the Assistant Administrator for Procurement (Code HK) when a contractor:

   (a)  Has committed, or is suspected of having committed, any of the acts described in FAR 9.406-2 and 9.407-2; or

   (b)  Is suspected of attempting to evade the prohibitions of a debarment or suspension imposed under the FAR by changes of address, multiple addresses, formation of new companies, or other devices.

 

1809.470-2  Contents of reports.

   Each report shall be coordinated with local counsel and shall include substantially the following information, if available:

   (a)  Name and address of the contractor.

   (b)  Names of the principal officers, partners, owners, or managers.

   (c)  All known affiliates, subsidiaries, or parent firms, and the nature of the affiliation.

   (d)  A description of the contract or contracts concerned, including the contract number and office identifying numbers or symbols, the amount of each contract, the amounts paid the contractor and still due, and the percentage of work completed and to be completed.

   (e)  The status of vouchers.

   (f)   Whether the contract has been assigned pursuant to the Assignment of Claims Act, and, if so, the name and address of the assignee and a copy of the assignment.

   (g)  Whether any other contracts are outstanding with the contractor or any affiliates, and, if so, their amount, whether they are assigned pursuant to the Assignment of Claims Act, and the amounts paid or due on them.

   (h)  A complete summary of all pertinent evidence.  If a request for debarment or suspension is based on an indictment or a conviction, provide the evidence upon which the indictment or conviction is based.

   (i)   An estimate of any damages, sustained by the Government as a result of the contractor's action, including an explanation of the method used in making the estimate.

   (j)   Recommendation as to (1) whether the contractor should be suspended or debarred, (2) whether any limitations should be applied to such action, (3) whether current contracts should be terminated, and (4) the period of any debarment.

   (k)  As an enclosure, a copy of the contract(s) or pertinent excerpts, appropriate exhibits, testimony or statements of witnesses, copies of assignments, and other relevant documentation.

 

1809.470-3  Addresses and copies of reports.

   Reports, including enclosures, shall be submitted to the Office of  Procurement (Code HK), with an additional copy to the Headquarters Office of General Counsel (Code G).

 

Subpart 1809.5--Organizational and Consultant Conflicts of Interest

 

1809.500  Scope of subpart.

   The Assistant Administrator for Procurement has authorized the procurement officer to take those actions reserved in FAR Subpart 9.5 for the head of the contracting activity.  However, see 1809.503 regarding waivers.

 

1809.503  Waiver.

   The Administrator has designated the Assistant Administrator for Procurement as the approval authority for waivers under FAR 9.503.  The procurement officer shall forward requests for waivers under FAR 9.503 to the Assistant Administrator for Procurement (Code HS) for action.

 

1809.506  Procedures.

   (b)  The approving official is the procurement officer when the installation has source selection authority and the Assistant Administrator for Procurement (Code HS) when NASA Headquarters has that authority.

 

1809.507  Solicitation provisions and contract clause.

 

1809.507-2  Contract clause.

   The contracting officer may insert a clause substantially the same as the clause at 1852.209-71, Limitation of Future Contracting, in solicitations and contracts.

 

Subpart 1809.6--Contractor Team Arrangements


PART 1811

DESCRIBING AGENCY NEEDS

 

TABLE OF CONTENTS

1811.002                                 Policy.

 

SUBPART      1811.1            SELECTING AND DEVELOPING REQUIREMENTS

                                                    DOCUMENTS

1811.101                                 Order of precedence for requirements documents.  

1811.107                                 Solicitation provisions.

 

SUBPART      1811.4            DELIVERY OR PERFORMANCE SCHEDULES

1811.403                                 Supplies or services.

1811.403-70                            Packaging, handling, and transportation

1811.404                                 Contract clauses.

1811.404-70                            NASA contract clauses

 

SUBPART      1811.5            LIQUIDATED DAMAGES

1811.501                                 Policy.

 

SUBPART      1811.6             PRIORITIES AND ALLOCATIONS

1811.602                                  General.

1811.603                                  Procedures.

 

 

 

PART 1811

DESCRIBING AGENCY NEEDS

 

 

1811.002  Policy.

   (b)  Implementation of the Metric Conversion Act of 1975, as amended, must be in accordance with NPD 8010­.2B, Use of the Metric System of Measurements in NASA Programs.

 

Subpart 1811.1--Selecting and Developing Requirements Documents

 

1811.101  Order of precedence for requirements documents.

   (a) Safeguards to ensure safety, security, and environmental protection must be included, as applicable, in requirements documents.

   (b)(2) Requirements for the use of environmentally preferable products will be established in accordance with NPG 8830.1, “Affirmative Procurement Plan for Environmentally Preferable Products.”  Requirements for the use of energy and water efficient products and the use of renewable energy technology will be established in accordance with NPG 8570.1, “Energy Conservation Technologies and Practices.”

 

1811.107  Solicitation provisions.

   (b)  NASA uses the categorical method to report its use of voluntary consensus standards.  Therefore, use of the provisions at 52.211-7 is not required.  However, contracting officers must include in draft RFPs (DRFPs) the information required by 1815.201(c)(6)(A).

 

Subpart 1811.4--Delivery or Performance Schedules

 

1811.403  Supplies or services.

   (a)(3) Contract delivery or perfor­mance schedules must not be express­ed in terms of a notice of award.  A notice of award as a specific docu­ment, separate from the award docu­ment itself, is not a contractual document and shall not be used as a reference point for contract perfor­mance.  See 1814.­408 for additional information on notices of award.

 

1811.403-70  Packaging, handling, and transportation.

   (a)  NPG 600.1E, "Requirements for Packaging, Handling, and Transportation for Aeronautical and Space Systems, Equipment, and Associated Components" provides guidance for shipment of certain NASA items.

   (b)  Contracting officers, with the advice of the requiring activity and the Center Transportation Officer, must include a designation of each deliverable item, or groupings of deliverable items, as Class I, II, III, or IV for the purposes of contractor compliance with the NPG.

 

1811.404  Contract clauses.

   (a)(2)  FAR 52.211-8, Time of Deliv­ery, Alter­nates II and III, must not be used in NASA contracts.

       (3)  FAR 52.211-9, Desired and Re­quired Time of Delivery, Alternates II and III, must not be used in NASA contracts.

 

1811.404-70  NASA contract clauses.

   The clause at 1852.211-70, Packaging, Handling, and Transportation, must be included in solicitations for contracts for deliverable items, including software, designated as Class I (mission essential), Class II (delicate or sensitive), or Class III (requires special handling or monitoring).

 

Subpart 1811.5--Liquidated Damages

 

1811.501  Policy.

   (d)  The procurement officer must forward recom­menda­tions concerning remission of liquidated damages to the Headquarters Office of Procure­ment (Code HS).

 

Subpart 1811.6--Priorities and Allocations

 

1811.602  General.

   (c)  The Department of Defense is the "Dele­gate Agency" for NASA.  The Headquarters Office of Procurement (Code HK) must coordi­nate with DOD, as necessary, to ensure that any DOD require­ments are met.

 

1811.603  Procedures.


   (e)(i)   Rated orders may be used by NASA only as provided in Section 700.17 of the DPAS (15 CFR 700.17) and subject to the limitations provided in Section 700.18 of the DPAS (15 CFR 700.18).  Priority ratings are assigned on individual contracts and purchase orders by the contracting officer.

      (ii) NASA rated orders may only be assigned a DO rating, unless NASA has obtained a DX rating from the Department of Defense.

      (iii) The following program identification symbols may be used on NASA rated con­tracts and purchase orders for equipment and services that support authorized programs (see Schedule I of the DPAS):

         A1 -  Aircraft

         A2 -  Missiles

         A3 -  Ships

         A5 -  Weapons

         A6 -  Ammunition

         A7 -  Electronic and Communi­cations Equipment

         B1 -  Military Building Sup­plies

         B8 -  Production Equipment (For Contractor's Account)

         B9 -  Production Equipment (Government-Owned)

         C2 -  Construction

         C3 -  Maintenance, Repair, and Operating Supplies for Facili­ties

         C9 -  Miscellaneous/Other

   (g)  Installation requests for as­sistance shall be directed to the Headquarters Office of Procure­ment (Code HK).



PART 1812

ACQUISITION OF COMMERCIAL ITEMS

 

TABLE OF CONTENTS

 

SUBPART     1812.1              ACQUISITION OF COMMERCIAL ITEMS--GENERAL

1812.102                                 Applicability.

 

SUBPART     1812.3              SOLICITATION PROVISIONS AND CONTRACT CLAUSES

                                                    FOR THE ACQUISITION OF COMMERCIAL ITEMS         

1812.301                                 Solicitation provisions and contract clauses for the acquisition of commercial items.

1812.302                                 Tailoring of provisions and clauses for the acquisition of commercial items.

 

SUBPART      1812.4             UNIQUE REQUIREMENTS REGARDING TERMS AND                                                 CONDITIONS FOR COMMERCIAL ITEMS

1812.404                                 Warranties.

 

SUBPART     1812.70            COMMERCIAL SPACE HARDWARE OR SERVICES

1812.7000                               Prohibition on guaranteed customer bases for new commercial space                                  hardware or services.

 

 

PART 1812

ACQUISITION OF COMMERCIAL ITEMS

 

Subpart 1812.1--Acquisition of Commercial Items--General

 

1812.102  Applicability.

   (c) For the acquisition of commercial items of any value, the MidRange procedures described in NFS Part 1871 may be used to the extent they are consistent and compliant with FAR Part 12 and NFS Part 1812.  Unless specifically stated, in any conflict between these parts the descending order of precedence is FAR Part 12, Part 1812, and Part 1871.

 

Subpart 1812.3--Solicitation Provisions and Contract Clauses

 for the Acquisition of Commercial Items

 

1812.301  Solicitation provisions and contract clauses for the acquisition of commercial  items.

   (f)(i)   The following clauses are authorized for use in acquisitions of commercial items when required by the clause prescription:

            (A)  1852.204-74,  Central Contractor Registration. 

            (B)  1852.214-71,  Grouping for Aggregate Award.

            (C)  1852.214-72,  Full Quantities.

            (D)  1852.215-84,  Ombudsman.

            (E)  1852.219-75,  Small Business Subcontracting  Reporting.

            (F)  1852.219-76,  NASA 8 Percent Goal.

            (G)  1852.223-70,  Safety and Health.

            (H)  1852.223-71,  Frequency Authorization.

            (I)   1852.223-72, Safety and Health (Short Form).

(J) 1852.223-73, Safety and Health Plan.

(K) 1852.223-75, Major Breach of Safety and Security.

(L) 1852.228-72, Cross-Waiver of Liability for Space Shuttle Services.

(M) 1852.228-76, Cross-Waiver of Liability for Space Station Activities.

(N) 1852.228-78, Cross-Waiver of Liability for NASA Expendable Launch Vehicles.

(O) 1852.246-72, Material Inspection and Receiving Report.

       (ii)  No other provisions and clauses prescribed in the NFS or center documents shall be used in acquisitions of commercial items, except as permitted by FAR 12.302.

 

1812.302  Tailoring of provisions and clauses for the acquisition of commercial items.

  (c)  The Assistant Administrator for Procurement (Code HS) is the approval authority for waivers.  Requests shall be prepared and submitted in accordance with 1801.471.

 

Subpart 1812.4--Unique Requirements Regarding Terms and

 Conditions for Commercial Items

 

1812.404  Warranties.

   (b)     In acquisitions under the Simplified Acquisition Threshold specified in FAR Part 13, no express warranty should be required other than the offeror's commercial warranty.

 

Subpart 1812.70--Commercial Space Hardware or Services

 

1812.7000  Prohibition on guaranteed customer bases for new commercial space

hardware or services.

   Public Law 102-139, title III, Section 2459d, prohibits NASA from awarding a contract with an expected duration of more than one year if the primary effect of the contract is to provide a guaranteed customer base for, or establish an anchor tenancy in, new commercial space hardware or services.  Exception to this prohibition may be authorized only by an appropriations Act specifically providing otherwise.



CONTRACTING BY NEGOTIATION

 

Subpart 1815. 2--Solicitation and Receipt of Proposals and Information

 

1815.201 Exchanges with industry before receipt of proposals.

   (c) (6) (A)  Except for acquisitions described in 1815.300-70(b) contracting officers shall issue draft requests for proposals (DRFPs) for all competitive negotiated acquisitions expected to exceed $1,000,000 (including all options or later phases of the same project).  DRFPs shall invite comments from potential offerors on all aspects of the draft solicitation, including the requirements, schedules, proposal instructions, and evaluation approaches.  Potential offerors should be specifically requested to identify unnecessary or inefficient requirements.  If the DRFP contains Government-unique standards, potential offerors should be invited to identify voluntary consensus standards that meet the Government's requirements as alternatives to Government-unique standards cited as requirements, in accordance with FAR 11.101 and OMB Circular A-119.  Comments should also be requested on any perceived safety, occupational health, security (including information technology security), environmental, export control, and/or other programmatic risk issues associated with performance of the work.  When considered appropriate, the statement of work or the specifications may be issued in advance of other solicitation sections.

                 (B) Contracting officers shall plan the acquisition schedule to include adequate time for issuance of the DRFP, potential offeror review and comment, and NASA evaluation and disposition of the comments.

                 (C) When issuing DRFPs, potential offerors should be advised that the DRFP is not a solicitation and NASA is not requesting proposals.

                 (D) Whenever feasible, contracting officers should include a summary of the disposition of significant DRFP comments with the final RFP.

                 (E) If performance-based payments are planned to be used in a competitive negotiated acquisition, the DRFP shall request potential offerors to suggest terms, including performance events or payment criteria.  Contracting officers shall use that information to establish a common set of performance-based payments parameters in the formal RFP when practicable.

                 (F) The procurement officer may waive the requirement for a DRFP upon written determination that the expected benefits will not be realized given the nature of the supply or service being acquired.  The DRFP shall not be waived because of poor or inadequate planning.

   (f)(i) Upon release of the formal RFP, the contracting officer shall direct all personnel associated with the acquisition to refrain from communicating with prospective offerors and to refer all inquiries to the contracting officer or other authorized representative.  This procedure is commonly known as a "blackout notice" and shall not be imposed before release of the RFP.  The notice may be issued in any format (e.g., letter or electronic) appropriate to the complexity of the acquisition.

       (ii) Blackout notices are not intended to terminate all communication with offerors.  Contracting officers should continue to provide information as long as it does not create an unfair competitive advantage or reveal proprietary data. 

 

1815.203 Requests for proposals.

 

1815.203-70 Installation reviews.

   (a) Installations shall establish procedures to review all RFPs before release.  When appropriate given the complexity of the acquisition or the number of offices involved in solicitation review, centers should consider use of a single review meeting called a Solicitation Review Board (SRB) as a streamlined alternative to the serial or sequential coordination of the solicitation with reviewing offices.  The SRB is a meeting in which all offices having review and approval responsibilities discuss the solicitation and their concerns.  Actions assigned and changes required by the SRB shall be documented.

   (b) When source evaluation board (SEB) procedures are used in accordance with 1815.370, the SEB shall review and approve the RFP prior to issuance.

 

1815.203-71 Headquarters reviews.

   For RFPs requiring Headquarters review and approval, the procurement officer shall submit ten copies of the RFP to the Assistant Administrator for Procurement (Code HS).  Any significant information relating to the RFP or the planned evaluation methodology omitted from the RFP itself should also be provided.

 

1815.203-72 Risk management.

   In all RFPs and RFOs for supplies or services for which a technical proposal is required, proposal instructions shall require offerors to identify and discuss risk factors and issues throughout the proposal where they are relevant, and describe their approach to managing these risks.

 

1815.204 Contract format.

 

1815.204-2 Part I - The Schedule.

   (c) To the maximum extent practicable, requirements should be defined as performance based specifications/statements of work that focus on required outcomes or results, not methods of performance or processes.

 

1815.204-5 Part IV - Representations and instructions.

   (b) The information required in proposals should be kept to the minimum necessary for the source selection decision.

 

1815.204-70 Page limitations.

   (a) Technical and contracting personnel will agree on page limitations for their respective portions of an RFP.  Unless approved in writing by the procurement officer, the page limitation for the contracting portion of an RFP (all sections except Section C, Description/ specifications/work statement) shall not exceed 150 pages, and the page limitation for the technical portion (Section C) shall not exceed 200 pages.  Attachments to the RFP count as part of the section to which they relate.  In determining page counts, a page is defined as one side of a sheet, 8 1/2" x 11", with at least one inch margins on all sides, using not smaller than 12-point type.  Foldouts count as an equivalent number of 8 1/2" x 11" pages.  The metric standard format most closely approximating the described standard 8 1/2" x 11" size may also be used.

            (b) Page limitations shall also be established for proposals submitted in competitive acquisitions.  Accordingly, technical and contracting personnel will agree on page limitations for



                 (b) Use a graduated scale that proportionally adjusts a proposal's Mission Suitability score for its assessed cost realism;

                 (c) Affect a significant number of points to induce realistic pricing.

                 (d) Calculate a Mission Suitability point adjustment based on the percentage difference between proposed and probable cost as follows:

 

Services

Hardware Development

Point Adjustment

 +/- 5 percent

 +/- 30 percent

0

 +/- 6 to 10 percent

 +/- 31 to 40 percent

-50

 +/- 11 to 15 percent

 +/- 41 to 50 percent

-100

 +/- 16 to 20 percent

 +/- 51 to 60 percent

-150

 +/- 21 to 30 percent

 +/- 61 to 70 percent

-200

 +/- more than 30 percent

 +/- more than 70 percent

-300

 

   (a)(4) The cost or price evaluation, specifically the cost realism analysis, often requires a technical evaluation of proposed costs.  Contracting officers may provide technical evaluators a copy of the cost volume or relevant information from it to use in the analysis.

   (b) The contracting officer is authorized to make the determination to reject all proposals received in response to a solicitation.

 

1815.305-70 Identification of unacceptable proposals.

   (a) The contracting officer shall not complete the initial evaluation of any proposal when it is determined that the proposal is unacceptable because:

       (1) It does not represent a reasonable initial effort to address the essential requirements of the RFP or clearly demonstrates that the offeror does not understand the requirements;

       (2) In research and development acquisitions, a substantial design drawback is evident in the proposal, and sufficient correction or improvement to consider the proposal acceptable would require virtually an entirely new technical proposal; or

       (3) It contains major deficiencies or omissions or out-of-line costs which discussions with the offeror could not reasonably be expected to cure.

   (b) The contracting officer shall document the rationale for discontinuing the initial evaluation of a proposal in accordance with this section.

 

1815.305-71 Evaluation of a single proposal.

   (a) If only one proposal is received in response to the solicitation, the contracting officer shall determine if the solicitation was flawed or unduly restrictive and determine if  the single proposal is an acceptable proposal.  Based on these findings, the SSA shall direct the contracting officer to:

       (1) Award without discussions provided the contracting officer determines that adequate price competition exists (see FAR 15.403-1(c)(1)(ii));

       (2) Award after negotiating an acceptable contract.  (The requirement for submission of cost or pricing data shall be determined in accordance with FAR 15.403-1); or

       (3) Reject the proposal and cancel the solicitation.

   (b) The procedure in 1815.305-71(a) also applies when the number of proposals equals the number of awards contemplated or when only one acceptable proposal is received.

 

1815.306 Exchanges with offerors after receipt of proposals.

   (c)(2) A total of no more than three proposals shall be a working goal in establishing the competitive range.  Field installations may establish procedures for approval of competitive range determinations commensurate with the complexity or dollar value of an acquisition.

   (d)(3)(A) The contracting officer shall identify any cost/price elements that do not appear to be justified and encourage offerors to submit their most favorable and realistic cost/price proposals, but shall not discuss, disclose, or compare cost/price elements of any other offeror.  The contracting officer should question inadequate, conflicting, unrealistic, or unsupported cost information; differences between the offeror's proposal and most probable cost assessments; cost realism concerns; differences between audit findings and proposed costs; proposed rates that are too high/low; and labor mixes that do not appear responsive to the requirements.  No agreement on cost/price elements or a "bottom line " is necessary.

            (B) The contracting officer shall discuss contract terms and conditions so that a "model" contract can be sent to each offeror with the request for final proposal revisions.  If the solicitation allows, any proposed technical performance capabilities above those specified in the RFP that have value to the Government and are considered proposal strengths should be discussed with the offeror and proposed for inclusion in that offeror’s "model" contract. If the offeror declines to include these strengths in its "model" contract, the Government evaluators should reconsider their characterization as strengths. 

   (e)(1) In no case shall the contracting officer relax or amend RFP requirements for any offeror without amending the RFP and permitting the other offerors an opportunity to propose against the relaxed requirements.

 

1815.307 Proposal revisions.

   (b)(i) The request for final proposal revisions (FPRs) shall also:

            (A) Instruct offerors to incorporate all changes to their offers resulting from discussions, and require clear traceability from initial proposals;

            (B) Require offerors to complete and execute the "model" contract, which includes any special provisions or performance capabilities the offeror proposed above those specified in the RFP;

            (C) Caution offerors against unsubstantiated changes to their proposals; and

            (D) Establish a page limit for FPRs.

       (ii) Approval of the Assistant Administrator for Procurement (Code HS) is required to reopen discussions for acquisitions of $50 million or more. Approval of the procurement officer is required for all other acquisitions.

       (iii) Proposals are rescored based on FPR evaluations.  Scoring changes between initial and FPRs shall be clearly traceable.

 

1815.308 Source selection decision.

      (1) All significant evaluation findings shall be fully documented and considered in the source selection decision.  A clear and logical audit trail shall be maintained for the rationale for ratings



1815.504  Award to successful offeror.

   The reference to notice of award in FAR 15.504 on negotiated acquisitions is a generic one.  It relates only to the formal establishment of a contractual document obligating both the Government and the offeror.  The notice is effected by the transmittal of a fully approved and executed definitive contract document, such as the award portion of SF 33, SF 26, SF 1449, or SF 1447, or a letter contract when a definitized contract instrument is not available but the urgency of the requirement necessitates immediate performance.  In this latter instance, the procedures in 1816.603 for approval and issuance of letter contracts shall be followed.

 

1815.506  Postaward debriefing of offerors.

 

1815.506-70  Debriefing of offerors - Major System acquisitions.  

   (a)  When an acquisition is conducted in accordance with the Major System acquisition procedures in Part 1834 and multiple offerors are selected, the debriefing will be limited in such a manner that it does not prematurely disclose innovative concepts, designs, and approaches of the successful offerors that would result in a transfusion of ideas.

   (b)  When Phase B awards are made for alternative system design concepts, the source selection statements shall not be released to competing offerors or the general public until the release of the source selection statement for Phase C/D without the approval of the Assistant Administrator for Procurement (Code HS).

 

Subpart 1815.6--Unsolicited Proposals

 

1815.602  Policy.

   (1)  An unsolicited proposal may result in the award of a contract, grant, cooperative agreement, or other agreement.  If a grant or cooperative agreement is used, the NASA Grant and Cooperative Agreement Handbook (NPG 5800.1) applies.

   (2)  Renewal proposals, (i.e., those for the extension or augmentation of current contracts)  are subject to the same FAR and NFS regulations, including the requirements of the Competition in Contracting Act, as are proposals for new contracts.

 

1815.604  Agency points of contact.  

  (a) Information titled "Guidance for the Preparation and Submission of Unsolicited Proposals" is available on the Internet at http://ec.msfc.nasa.gov/hq/library/unSol-Prop.html. A deviation is required for use of any modified or summarized version of the Internet information or for alternate means of general dissemination of unsolicited proposal information.

 

1815.606  Agency procedures.  

   (a)  NASA will not accept for formal evaluation unsolicited proposals initially submitted to another agency or to the Jet Propulsion Laboratory (JPL) without the offeror's express consent.

  (b)(i)   NASA Headquarters and each NASA field installation shall designate a point of contact for receiving and coordinating the handling and evaluation of unsolicited proposals.

       (ii)  Each installation shall establish procedures for handling proposals initially received by other offices within the installation.  Misdirected proposals shall be forwarded by the point of contact to the proper installation.  Points of contact are also responsible for providing guidance to potential offerors regarding the appropriate NASA officials to contact for general mission-related inquiries or other preproposal discussions.

       (iii) Points of contact shall keep records of unsolicited proposals received and shall provide prompt status information to requesters.  These records shall include, at a minimum, the number of unsolicited proposals received, funded, and rejected during the fiscal year; the identity of the offerors; and the office to which each was referred.  The numbers shall be broken out by source (large business, small business, university, or nonprofit institution).

 

1815.606-70  Relationship of unsolicited proposals to NRAs.

   An unsolicited proposal for a new effort or a renewal, identified by an evaluating office as being within the scope of an open NRA, shall be evaluated as a response to that NRA (see 1835.016-71), provided that the evaluating office can either:

   (a)  State that the proposal is not at a competitive disadvantage, or

   (b)  Give the offeror an opportunity to amend the unsolicited proposal to ensure compliance with the applicable NRA proposal preparation instructions.  If these conditions cannot be met, the proposal must be evaluated separately.

 

1815.609  Limited use of data.

 

1815.609-70  Limited use of proposals.

   Unsolicited proposals shall be evaluated outside the Government only to the extent authorized by, and in accordance with, the procedures prescribed in, 1815.207-70.

 

1815.670  Foreign proposals.

   Unsolicited proposals from foreign sources are subject to NPD 1360.2, Initiation and Development of International Cooperation in Space and Aeronautics Programs.

 

Subpart 1815.70--Ombudsman

 

1815.7001  NASA Ombudsman Program.

   NASA's implementation of an ombudsman program is in NPG 5101.33, Procurement Advocacy Programs.

 

1815.7002  Synopses of solicitations and contracts.

   In all synopses announcing competitive acquisitions, the contracting officer shall indicate that the clause at 1852.215-84, Ombudsman, is applicable.  This may be accomplished by referencing the clause number and identifying the installation Ombudsman.

1815.7003  Contract clause. 

   The contracting officer shall insert a clause substantially the same as the one at 1852.215-84, Ombudsman, in all solicitations (including draft solicitations) and contracts.  Use the clause with its Alternate I when a task or delivery order contract is contemplated.



PART 1816

TYPES OF CONTRACTS

 

TABLE OF CONTENTS

 

SUBPART     1816.1               SELECTING CONTRACT TYPES

1816.104                                  Factors in selecting contract types.

1816.104-70                            Contract type of performance-based contracting (PBC).

 

SUBPART     1816.2              FIXED-PRICE CONTRACTS

1816.202                                  Firm-fixed-price contracts.

1816.202-70                            NASA contract clause.

1816.203                                  Fixed-price contracts with economic price adjustment.

1816.203-4                              Contract clauses.

 

SUBPART     1816.3              COST-REIMBURSEMENT CONTRACTS

1816.303-70                            Cost-sharing contracts.

1816.306                                  Cost-plus-fixed-fee contracts.

1816.307                                  Contract clauses.

1816.307-70                            NASA contract clauses.

 

SUBPART     1816.4              INCENTIVE CONTRACTS

1816.402                                 Application of pre-determined, formula-type incentives.

1816.402-2                              Performance incentives.

1816.402-270                         NASA technical performance incentives.

1816.404                                  Fixed-price contracts with award fees.

1816.405                                 Cost-reimbursement incentive contracts.

1816.405-2                              Cost-plus-award-fee  (CPAF) contracts.

1816.405-270                         CPAF contracts.

1816.405-271                         Base fee.

1816.405-272                         Award fee evaluation periods.

1816.405-273                         Award fee evaluations.

1816.405-274                         Award fee evaluation factors.

1816.405-275                         Award fee evaluation scoring.

1816.405-276                        Award fee payments and limitations.

1816.406                                 Contract clauses.

1816.406-70                            NASA contract clauses.

 

SUBPART     1816.5              INDEFINITE-DELIVERY CONTRACTS

1816.504                                  Indefinite quantity contracts.

1816.505                                  Ordering.

1816.505-70                            Task Ordering.

1816.506-70                            NASA contract clause.

 

SUBPART     1816.6             TIME-AND-MATERIALS, LABOR-HOUR, AND LETTER                                                                    CONTRACTS

 

1816.603                                 Letter contracts.

1816.603-2                             Application.

1816.603-370                          Approvals.

 

 

PART 1816

TYPES OF CONTRACTS

 

Subpart 1816.1--Selecting Contract Types

 

1816.104 Factors in selecting contract types.

 

1816.104-70 Contract type for performance-based contracting (PBC). 

   (a) PBC is defined in FAR 2.101 and discussed in FAR 37.6.  Although FAR Part 37 primarily addresses services contracts, PBC is not limited to these contracts.  PBC is the preferred way of contracting for all supplies and services at NASA.  Generally, when contract performance risk under a PBC specification can be fairly shifted to the contractor to allow for the operation of objective incentives, a contract type with objectively measurable incentives (e.g., FFP, FPIF, or CPIF) is appropriate.  However, when contractor performance (e.g., cost control, schedule, or quality/technical) is best evaluated subjectively using quantitative measures, a CPAF contract may be used.

   (b)     A PBC is a completion form of contract (something is accomplished).  Term/level-of-effort, time-and-materials and labor hour contracts are not PBC.

 

Subpart 1816.2--Fixed-Price Contracts

 

1816.202 Firm-fixed-price contracts.

 

1816.202-70 NASA contract clause.

   The contracting officer shall insert the clause at 1852.216-78, Firm-Fixed-Price, in firm-fixed-price solicitations and contracts.  Insert the appropriate amount in the resulting contract.

 

1816.203 Fixed-price contracts with economic price adjustment.

 

1816.203-4 Contract clauses.

   (a) In addition to the approval requirements in the prescriptions at FAR 52.216-2 through 52.216-4, the contracting officer shall coordinate with the installation's Deputy Chief Financial Officer (Finance) before exceeding the ten-percent limit in paragraph (c)(1) of the clauses at FAR 52.216-2 and 52.216-3 and paragraph (c)(4) of the clause at 52.216-4.

   (d)(2) Contracting officers shall contact the Office of Procurement, Code HK, for specific guidance on preparing clauses using cost indexes.  Such clauses require advance approval by the Assistant Administrator for Procurement.  Requests for approval shall be submitted to the Headquarters Office of Procurement (Code HS).

 

Subpart 1816.3--Cost-Reimbursement Contracts



provisionally paid is the lesser of a percentage stipulated in the contract (but not exceeding 80 percent) or the prior period's evaluation score.  For an end item contract, the total amount of provisional payments in a period is limited to a percentage not to exceed  80 percent of the prior interim period’s evaluation score.

   (c) Fee Payment.  The Fee Determination Official's rating for both interim and final evaluations will be provided to the contractor within 45 calendar days of the end of the period being evaluated.  Any fee, interim or final, due the contractor will be paid no later than 60 calendar days after the end of the period being evaluated.

 

1816.406 Contract clauses.

 

1816.406-70 NASA contract clauses.          

   (a) As authorized by FAR 16.406(e), the contracting officer shall insert the clause at 1852.216-76, Award Fee for Service Contracts, in solicitations and contracts when an award-fee contract is contemplated and the contract deliverable is the performance of a service. 

   (b) As authorized by FAR 16.406(e), the contracting officer shall insert the clause at 1852.216-77, Award Fee for End Item Contracts, in solicitations and contracts when an award fee contract is contemplated and the contract deliverables are hardware or other end items for which total contractor performance cannot be measured until the end of the contract. When the clause is used in a fixed-price award-fee contract, it shall be modified by deleting references to base fee in paragraphs (a), and by deleting paragraph  (c)(1), the last sentence of (c)(4), and the first sentence of (c)(5).

   (c) The contracting officer may insert a clause substantially as stated at 1852.216-83, Fixed Price Incentive, in fixed-price-incentive solicitations and contracts utilizing firm or successive targets.  For items subject to incentive price revision, identify the target cost, target profit, target price, and ceiling price for each item.

   (d) The contracting officer shall insert the clause at 1852.216-84, Estimated Cost and Incentive Fee, in cost-plus-incentive-fee solicitations and contracts.

   (e) The contracting officer may insert the clause at 1852.216-85, Estimated Cost and Award Fee, in award-fee solicitations and contracts.  When the contract includes performance incentives, use Alternate I. When the clause is used in a fixed-price award fee contract, it shall be modified to delete references to base fee and to reflect the contract type.

   (f) As provided at 1816.402-270, the contracting officer shall insert a clause substantially as stated at 1852.216-88, Performance Incentive, when the primary deliverable(s) is (are) hardware and total estimated cost and fee is greater than $25 million.  A clause substantially as stated at 1852.216-88 may be included in lower dollar value hardware contracts with the approval of the procurement officer.

 

Subpart 1816.5--Indefinite-Delivery Contracts

 

1816.504 Indefinite quantity contracts.       

   (a)(4)(ii) ID/IQ service contract values and task order values shall be expressed only in dollars.

   (a)(4)(v) See 1815.7003.

 

1816.505 Ordering.  

   (a)(2) Task and delivery orders shall be issued by the contracting officer.

   (b)(5) The Agency and installation ombudsmen designated in accordance with 1815.7001 shall review complaints from contractors on task order contracts and delivery order contracts.

 

1816.505-70 Task ordering. 

   (a) The contracting officer shall, to the maximum extent possible, state task order requirements in terms of functions and the related performance and quality standards such that the standards may be objectively measured.

   (b) To the maximum extent possible, contracting officers shall solicit contractor task plans to use as the basis for finalizing task order requirements and enable evaluation and pricing of the contractor's proposed work on a performance based approach as described in 1816.104-70(a).

   (c) Task order contract type shall be individually determined, based on the nature of each task order's requirements.    

       (1) Task orders may be grouped by contract type for administrative convenience (e.g., all CPIF orders, all FFP orders, etc.) for contractor progress and cost reporting.

       (2) Under multiple awards, solicitations for individual task plans shall request the same pricing structure from all offerors.

   (d) Any undefinitized task order issued under paragraph (f) of the clause at 1852.216-80, Task Ordering Procedure, shall be treated and reported as an undefinitized contract action in accordance with 1843.70.

 

1816.506-70 NASA contract clause.

   Insert the clause at 1852.216-80, Task Ordering Procedure, in solicitations and contracts when an indefinite-delivery, task order contract is contemplated.  The clause is applicable to both fixed-price and cost-reimbursement type contracts.  If the contract does not require 533M reporting (see NPG 9501.2, NASA Contractor Financial Management Reporting System), use the clause with its Alternate I.

 

Subpart 1816.6--Time-and-Materials, Labor-Hour, and Letter Contracts

 

1816.603 Letter contracts.

 

1816.603-2 Application.

   (a) Centers must ensure that NASA liabilities and commitments are minimized under letter contracts.  When a letter contract is justified and program requirements can be severed into smaller, discreet efforts, the work authorized by the letter contract must be limited to the minimum severable effort required to satisfy the urgent program requirements.  The remaining requirements may not be initially included in the letter contract and must be acquired through a separate fully priced and definitized contract action.

 

1816.603-370 Approvals.

   (a)(1) The approval authority to issue a letter contract is --

            (i)    The Assistant Administrator for Procurement when the estimated value of the definitized contract is equal to or greater than the Master Buy Plan (MBP) submission threshold of 1807.7101;

            (ii)   The procurement officer when the estimated value of the definitized contract is below the MBP submission threshold; and

            (iii)   The Assistant Administrator for Procurement for any modification of an undefinitized letter contract approved by the procurement officer that increases the estimated value of the definitized contract to an amount equal to or above the MBP submission threshold.  This approval must be obtained prior to issuing the modification.


        (2) The procurement officer must sign all requests for approval by the Assistant Administrator for Procurement and submit them to Code HS.

   (b)     All requests for authority to issue a letter contract must include the following:

       (1)        Contractor name and address.

       (2)        Place of performance.

       (3)        Contract number, including modification number, if applicable.

       (4)        Brief description of the work or services to be performed.

       (5) Performance period or delivery schedule for both the letter contract and definitized contract.

       (6)        Estimated value of the work authorized by the letter contract.

       (7)        Estimated value of the definitized contract.

       (8)        Contract type of the definitized contract.

       (9)        A statement that the definitized contract will contain all required clauses or identification of approved specific clause deviations.

       (10) Complete justification of the necessity for the letter contract, including the advantages to the Government and a description of the efforts to avoid its issuance or to minimize its scope.

       (11) The definitization schedule described in FAR 16.603-2(c) expected to be negotiated with the contractor.



PART 1817

SPECIAL CONTRACTING METHODS

 

TABLE OF CONTENTS

 

SUBPART     1817.1             MULTIYEAR CONTRACTING

1817.105                                 Policy.

1817.105-1                             Uses.

 

SUBPART     1817.2              OPTIONS

1817.200                                  Scope of subpart.

1817.203                                  Solicitations.

1817.204                                  Contracts.

1817.206                                  Evaluation.

1817.207                                  Exercise of options.

1817.208                                  Solicitation provisions and contract clauses.

 

SUBPART     1817.4              LEADER COMPANY CONTRACTING

1817.401                                 General.

 

SUBPART     1817.5              INTERAGENCY ACQUISITIONS UNDER THE ECONOMY  ACT

1817.503                                  Determinations and findings requirements.

1817.504                                  Ordering procedures.

 

SUBPART     1817.70            ACQUISITIONS WITH MILITARY DEPARTMENTS

1817.7000                               Scope of subpart.

1817.7001                               Authorization and policy.

1817.7002                               NASA-Defense Purchase Request and acceptance.

1817.7002-1                           Acceptance by Military Department.

1817.7002-2                           Changes in estimated total prices.

1817.7002-3                           Payments.

1817.7002-4                           Contract clause.

 

SUBPART     1817.71           EXCHANGE OR SALE OF PERSONAL PROPERTY

1817.7101                               Policy.

           

SUBPART     1817.72           INTERAGENCY TRANSACTIONS

1817.7201                               Policy.

 

SUBPART     1817.73            PHASED ACQUISITION

1817.7300                                Definitions.

1817.7301                                Down-selections in phased acquisitions.

1817.7301-1                            Pre-solicitation planning.

1817.7301-2                            Evaluation factors.

1817.7301-3                            Down-selection milestones.

1817.7301-4                            Synopsis.

1817.7301-5                            Progressive competition.

1817.7302                             Contract clauses.

 

 

PART 1817

SPECIAL CONTRACTING METHODS

                                   

Subpart 1817.1--Multiyear Contracting

 

1817.105  Policy.

 

1817.105-1  Uses. 

   (b) The Assistant Administrator for Procurement (Code HS) is the approval authority for the use of the multiyear contracting technique.  Requests for approval shall be signed by the procurement officer and shall include a description of the acquisition, identification of anticipated contract costs and funding, and a determination, with supporting rationale, that each of the criteria in FAR 17.105-1(b) is met by the proposed use of multiyear contracting.

 

Subpart 1817.2--Options

 

1817.200  Scope of subpart.

   FAR Subpart 17.2 applies to all NASA contracts.

 

1817.203  Solicitations. 

   (g)(2)  The procurement officer is authorized to approve option quantities greater than 50 percent.

 

1817.204  Contracts. 

   (e) (i)   The 5-year limitation (basic plus option periods) applies to all NASA contracts regardless of type, except when the time needed to complete system development or hardware production is greater than five years.

        (ii)   Requests for deviations from the 5-year limitation policy shall be sent to the Assistant Administrator for Procurement (Code HS) and shall include justification for exceeding five years and evidence that the extended years can be reasonably priced.

 

1817.206  Evaluation. 

   (b)(i)   The procurement officer is the approval authority for determinations by the contracting officer not to evaluate offers for any option quantities or periods.

         (ii)  Unless a determination has been approved under 1817.206(b)(i), the selection statement for each acquisition involving an option shall address the source selection authority's consideration of the option as part of the initial competition.

 

1817.207  Exercise of options. 

   (f)  Options under cost type contracts shall contain an estimated cost for the option period(s).

   (f)(2)  Use of the provision (or formula)  for determining the price of a fixed price option requires advance approval by the Assistant Administrator for Procurement (Code HS).

   (f (3) (ii)  Use of a formula to determine the fee of an option in a cost-type contract requires advance approval of the Assistant Administrator for Procurement (Code HS).  The formula shall preclude the contractor from increasing costs for the purpose of earning additional fee.

      

1817.208  Solicitation provisions and contract clauses. 

   (c)(3)  The contracting officer shall insert a provision substantially the same as FAR 52.217-5 in cost reimbursement contracts when the other conditions of FAR 17.208(c) are met.

 

Subpart 1817.4--Leader Company Contracting

 

1817.401  General.

   It is NASA policy not to use the leader company contracting technique.

 

Subpart 1817.5--Interagency Acquisitions Under the Economy Act

 

1817.503  Determinations and findings requirements. 

   (a)  See 1817.72 for additional information on interagency transaction requirements.

   (a)(2)  Current market prices, recent acquisition prices, or prices obtained by informational submissions as provided in FAR 15.201 may be used to ascertain whether the acquisition can be accomplished more economically from commercial sources.

   (c) The Assistant Administrator for Procurement as the agency senior procurement executive will approve all D&F’s for a servicing agency not covered by the Federal Acquisition Regulations.  This approval may not be delegated below the senior procurement executive level.

 

1817.504  Ordering procedures. 

   (b)(4)  All payment provisions shall require the servicing agency or department to submit a final voucher, invoice, or other appropriate payment document within six months after the completion date of the order.  A different period may be specified by mutual agreement if six months is not sufficient.

 

Subpart 1817.70 --Acquisitions with Military Departments

 

1817.7000  Scope of subpart.

   This subpart contains policies and procedures, developed jointly by NASA and DOD, for acquisition of supplies or services by NASA from or through the Military Departments.

 

1817.7001  Authorization and policy. 

   (a)  NASA is authorized by the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.) to use the acquisition services, personnel, equipment, and facilities of the Military Departments, with their consent and with or without reimbursement, and, on a similar basis, to cooperate with the Military Departments in the use of acquisition services, equipment, and facilities.

   (b) The Military Departments have agreed to cooperate fully with NASA in making their acquisition services, equipment, personnel, and facilities available on the basis of mutual agreement.

   (c)  The Military Departments have agreed not to claim reimbursement for administrative costs incident to acquisitions for NASA, except as may be otherwise agreed before the services are performed.

   (d)  When procuring supplies or services for NASA or performing field service functions in support of NASA contracts, the Military Departments have agreed to use their own methods, except when otherwise required by the terms of the agreement involved.

   (e)  The Military Departments normally will use their own funds when procuring supplies or services or performing services for NASA, and will not cite NASA funds on any Defense obligation or payment document.

 

1817.7002  NASA-Defense Purchase Request and acceptance. 

   (a)  The NASA-Defense Purchase Request (NASA Form 523) shall be used by NASA contracting offices for requesting acquisition of supplies or services from all activities of the Military Departments.  Individual NASA-Defense Purchase Requests shall be prepared in accordance with the instructions on the reverse of NASA Form 523 and shall be numbered in accordance with Subpart 1804.71. The form shall not be used for requesting --     

         (1)  Block transfers of excess property between NASA and the Military Departments;

         (2)  Performance by the Military Departments of field service functions related to NASA contracts; or

         (3)  Items that the Military Departments normally purchase and stock for military use or in-house services, except when a DOD activity is willing to accept the form for these purposes.  Supplies and services of this nature may be requisitioned using appropriate DOD forms when they are provided by and are acceptable to or preferred by the Military Department supplying activity or as otherwise mutually agreed upon by the parties. 

   (b)  Include a provision in accordance with 1817.504(b)(4).

   (c)  To obtain materials from the Air Force Missile Procurement Fund, the contracting officer shall follow the procedures of 1808.002-72.

 

1817.7002-1  Acceptance by Military Department. 

   (a)  Except as provided in paragraph (c) of this section, the Military Department concerned will, within 30 days after receipt of a NASA-Defense Purchase Request, forward to the initiator of the request an Acceptance of MIPR, DD Form 448-2.  Each DD Form 448-2 will show the action being taken to fill the requirement and the name and complete address of the DOD contracting activity.

   (b)  To the extent feasible, all documents (including acceptances, contracts, correspondence, shipping documents, work or project orders, and Standard Form 1080 (Voucher for Transfer between Appropriations and/or Funds) billings) will reference the NASA-Defense Purchase Request number and the item number.

   (c)  Acceptance by the Military Department is not required for NASA-Defense Purchase Requests covering deliveries of common-use standard-stock items that the supplying agency has on hand or on order for prompt delivery at published prices.

 

1817.7002-2  Changes in estimated total prices.



PART 1819

SMALL BUSINESS PROGRAMS

 

TABLE OF CONTENTS

 

1819.001                                 Definitions.

 

SUBPART     1819.2              POLICIES

1819.201                                 General policy.

       

SUBPART     1819.3             DETERMINATION OF SMALL BUSINESS STATUS

                                                            FOR SMALL BUSINESS PROGRAMS

1819.302                                 Protesting a small business representation. 

 

SUBPART     1819.5             SET-ASIDES FOR SMALL BUSINESS

1819.502                                 Setting aside acquisitions.

1819.502-70                           Non-initiation of set-asides.

1819.502-3                             Partial set-asides.

1819.502-370                         NASA reporting requirements.

1819.505                                 Rejecting Small Business Administration recommendations.

1819.506                                 Withdrawing or modifying small business set-asides.

 

SUBPART     1819.6             CERTIFICATES OF COMPETENCY AND          

                                                    DETERMINATIONS OF RESPONSIBILITY

1819.602                                 Procedures.

1819.602-1                             Referral.

1819.602-3                             Resolving differences between the agency and the Small Business

                                                   Administration.

1819.602-370                         NASA procedures.

 

SUBPART     1819.7              THE SMALL BUSINESS SUBCONTRACTING PROGRAM

1819.705-2                              Determining the need for a subcontracting plan.

1819.705-4                              Reviewing the subcontracting plan.

1819.705-470                          Acquisition-specific subcontracting goals.

1819.708                                  Contract clauses.

1819.708-70                            NASA solicitation provision and contract clause.

 

SUBPART     1819.8              CONTRACTING WITH THE SMALL BUSINESS

                                                    ADMINISTRATION (THE 8(a) PROGRAM)

1819.804                                  Evaluation, offering, and acceptance.

1819.804-1                              Agency evaluation.

 

SUBPART     1819.10           SMALL BUSINESS COMPETITIVENESS

                                                   DEMONSTRATION PROGRAM

1819.1005                                Applicability.

SUBPART     1819.70            NASA  8  PERCENT GOAL

1819.7000                                General.

1819.7002                                Contracting officer responsibility.

1819.7003                                Contract clause.

 

SUBPART     1819.71            NASA RURAL AREA SMALL BUSINESS PLAN

1819.7101                                Definition.

1819.7102                                General.

1819.7103                                Solicitation provision and contract clause.

 

SUBPART     1819.72            NASA MENTOR-PROTÉGÉ PROGRAM

1819.7201                                Scope of subpart.           

1819.7202                                Definitions.

1819.7203                                Non-affiliation.

1819.7204                                Transportability of features from the Department of Defense

                                                    (DOD) Mentor-Protégé program to NASA contractors.

1819.7205                                General policy.

1819.7206                                Incentives for prime contractor participation.

1819.7207                                Measurement of Program success.

1819.7208                                Mentor firms.

1819.7209                                Protégé firms.

1819.7210                                Selection of protégé firms.

1819.7211                                Application process for mentor firms to participate in the Program.

1819.7212                                OSDBU review and approval process of agreement.

1819.7213                                Agreement contents.

1819.7214                                Developmental assistance.

1819.7215                                Obligation.

1819.7216                                Internal controls.

1819.7217                                Reports.

1819.7218                                Program review.

1819.7219                                Solicitation provision and contract clauses.

 

 

PART 1819

SMALL BUSINESS PROGRAMS

 

1819.001  Definitions.

   “High-Tech” as used in this part means research and/or development efforts that are within or advance the state-of-the-art in a technology discipline and are performed primarily by professional engineers, scientists, and highly skilled and trained technicians or specialists.

 

Subpart 1819.2--Policies

 

1819.201  General policy.

   (a)(i) NASA is committed to providing to small, veteran-owned small business, service-disabled veteran-owned small business, HUBZone, small disadvantaged, and women-owned small business concerns, maximum practicable opportunities to participate in Agency acquisitions at the prime contract level.  The participation of NASA prime contractors in providing subcontracting opportunities to such entities is also an essential part of the Agency's commitment.  The participation of these entities is particularly emphasized in high-technology areas where they have not traditionally dominated.

      (ii) NASA annually negotiates Agency small, service-disabled veteran-owned small business, HUBZone, small disadvantaged, and women-owned small business prime and subcontracting goals with the Small Business Administration pursuant to section 15(g) of the Small Business Act (15 U.S.C. 644).  In addition, NASA has the following statutory goals based on the total value of prime and subcontract awards:

            (A)  Under Public Laws 101-144, 101-507, and 102-389, an annual goal of at least 8 percent for prime and subcontract awards to small disadvantaged business (SDB) concerns, Historically Black Colleges and Universities (HBCUs), minority institutions (MIs), and women-owned small businesses (WOSBs) (see 1819.7000); and

            (B)  Under 10 U.S.C. 2323, an annual goal of 5 percent for prime and subcontract awards to SDBs, HBCUs, and WOSBs.  

   (c)  The Assistant Administrator for Small and Disadvantaged Business Utilization (Code K) is the Agency official responsible for carrying out the duties in FAR 19.201(c). 

   (d)(i)  The center director shall designate a qualified individual in the contracting office as a small business specialist to provide a central point of contact to which small business concerns may direct inquiries concerning small business matters and participation in NASA acquisitions.  The small business specialist shall also perform other functions specifically set forth in this section 1819.201 or that the procurement officer may prescribe, with the concurrence of the Assistant Administrator for Small and Disadvantaged Business Utilization, for implementing the Small Business Program.  When the center director considers that the volume of acquisitions or the functions relating to acquisitions at the center do not warrant a full-time small business specialist, these duties may be assigned to procurement personnel on a part-time basis.

         (ii)  Small business specialists appointed under paragraph (d)(i) of this section shall perform the following duties, as the procurement officer determines appropriate to the installation:

             (A)  Maintain a program designed to locate capable small business sources, including those located in labor surplus areas, for current and future acquisitions.

             (B)  Coordinate inquiries and requests for advice from small business concerns on acquisition matters.

             (C)  Before issuance of solicitations or contract modifications for additional supplies or services, determine that small business concerns will receive adequate consideration, including making recommendations for initiation of set-asides (see FAR 19.5 and 19.8) and for taking action in accordance with FAR 19.506(b) and 1819.502-70.  Participate and provide input early in the acquisition planning phase of proposed acquisitions, including acquisition strategy meetings.

             (D)  If small business concerns cannot be given an opportunity to compete because adequate specifications or drawings are not available, work with appropriate technical and contracting personnel to ensure that necessary specifications or drawings for current or future acquisitions will be available.

             (E)  Review acquisitions for possible breakout of items suitable for acquisition from small business concerns.

             (F)  Advise small business concerns regarding financial assistance available under laws and regulations, assist such concerns in applying for such assistance, and ensure that small business concerns' requests for financial assistance are not treated as a handicap in securing the award of contracts.

             (G)  Participate in responsibility determinations (see FAR 9.103) when small business concerns are involved.

             (H)  Participate in the evaluation of prime contractors' small business subcontracting programs (see FAR 19.705-4).

             (I)   Review and make appropriate recommendations to the contracting officer on any proposal to furnish Government-owned facilities to a contractor if such action may hurt the Small Business Program.

             (J)   Ensure that participation of small business concerns is accurately reported.

             (K)  Make available to SBA copies of solicitations when requested.

             (L)  Act as liaison between contracting officers and SBA area offices and representatives in connection with set-asides, certificates of competency, and any other matters in which the Small Business Program may be involved.

             (M)  In cooperation with contracting officers and technical personnel, seek and develop information on the technical competence of small business concerns for research and development contracts.  Regularly bring to the attention of contracting officers and technical personnel descriptive data, brochures, and other information regarding small business concerns that are apparently competent to perform research and development work in fields in which NASA is interested.

             (N)  When a small business concern's offer has been rejected for nonresponsiveness or nonresponsibility, assist that concern, upon its request, in understanding such requirements for future awards.

             (O)  Advise center personnel, as necessary, on new Governmentwide and Agency-approved small business programs and initiatives.

   (f)(1)  The NASA Ombudsman, the Director of the Contract Management Division (Code HK), is the designated official for determining whether the use of the SDB mechanism in FAR Subpart 19.11 has resulted in an undue burden on non-SDB firms in the Department of Commerce designated NAICS Major Groups, or is otherwise inappropriate.

 

Subpart 1819.3--Determination of Small Business Status for Small Business Programs

 

1819.302  Protesting a small business representation. 

   (d)(1)  The contracting officer shall not make awards of small business set-aside acquisitions before the expiration of the period for receipt of a size standard protest.

 

Subpart 1819.5--Set-Asides for Small Business

 

1819.502  Setting aside acquisitions.

 

1819.502-70  Non-initiation of set-asides.  

   (a)  All cases involving the non-initiation of a set-aside, whether resulting from a joint decision of the small business specialist and the contracting officer or a decision by the contracting officer alone, require referral to the SBA representative (if one is assigned and available) for review.

   (b)  If the small business specialist recommends that an individual acquisition or a class of acquisitions, or a portion thereof, be set aside, the contracting officer shall promptly either concur in or disapprove the recommendation, stating in writing the reasons for disapproval.

   (c)  When an SBA representative is assigned and available and the contracting officer disapproves the small business specialist's recommendation, the contracting officer shall promptly refer the case to the SBA representative for review.  The small business specialist shall take no further appeal action.  The SBA representative must either concur with the decision or appeal the case to the procurement officer under FAR 19.505.  If the procurement officer approves the contracting officer’s decision and the SBA appeals under FAR 19.505(c), the procurement officer shall forward the required written justification, including a history of discussions between the center and the SBA and rationale for the decision, to the Headquarters Office of Procurement (HS).

   (d)  When an SBA representative is not assigned or available and the contracting officer disapproves the small business specialist's recommendation, the small business specialist may appeal in writing to the procurement officer. The procurement officer’s decision shall be final.  The contracting officer shall place a memorandum of the procurement officer's decision in the contract file.  If the procurement officer’s decision approves the contracting officer's action, the small business specialist shall forward complete documentation of the case to the Headquarters Office of Small and Disadvantaged Business Utilization (Code K).

   (e)  The contracting officer shall prepare, sign, and retain in the contract file a memorandum of nonconcurrence in a recommended set-aside action.

 

1819.502-3  Partial set-asides.

 

1819.502-370  NASA Reporting Requirements.

The contracting officer shall separately report, in accordance with Subpart 1804.6, awards of the non-set-aside portions of small business set-aside acquisitions.

 

1819.505  Rejecting Small Business Administration recommendations.

   See 1819.502-70.

 

1819.506  Withdrawing or modifying small business set-asides. 

   (b)  If an SBA representative is not assigned or available, and the small business specialist disagrees with the contracting officer’s written decision of withdrawal or modification of a set-aside determination, the small business specialist may appeal to the procurement officer in accordance with the procedures in 1819.502-70(d).  

 

Subpart 1819.6--Certificates of Competency and Determinations of Responsibility

 

1819.602  Procedures.

 

1819.602-1  Referral.   

   (a)  On proposed awards exceeding the simplified acquisition threshold, the contracting officer should consider requesting a preaward survey (see FAR 9.106) before determining that a responsive small business firm is not responsible.  The scope of the preaward survey request should be limited to those elements of responsibility that are questioned.     

      (2)  The contracting officer shall forward a copy of the referral to SBA through the procurement officer to the Headquarters Office of Small and Disadvantaged Business Utilization  (Code K).

 

1819.602-3  Resolving differences between the agency and the Small Business Administration.

 

1819.602-370  NASA Procedures. 

   (a)  When agreement cannot be reached between the contracting officer and the SBA Area Office, the contracting officer shall forward to the Headquarters Office of Procurement (Code HS) on an expedited basis, a complete case file with a request that the case be considered for appeal to SBA Headquarters.  The contracting officer shall include the data already furnished to SBA, SBA's rationale for proposing to issue a COC, and the contracting officer's comments.  The contracting officer shall suspend acquisition action until informed by Code HS of the final decision in the case.

   (b)  If the Office of Procurement concludes that the referral to SBA should be withdrawn and a contract awarded without benefit of a COC, Code HS shall inform the contracting officer.

   (c)  If the Office of Procurement agrees with the contracting officer's recommended appeal action, the Assistant Administrator for Procurement shall forward the appeal through the Office of Small and Disadvantaged Business Utilization (Code K) to SBA Headquarters.

 

Subpart 1819.7--The Small Business Subcontracting Program

 

1819.705-2  Determining the need for a subcontracting plan.   

   (d)  Solicitations for competitive negotiated acquisitions shall require proposed subcontracting plans with initial proposals (see 1819.708(b)(1)).  For sole source negotiated acquisitions, the contractor shall be required to submit a proposed subcontracting plan with the proposal. 

 

1819.705-4  Reviewing the subcontracting plan.

 

1819.705-470  Acquisition-specific subcontracting goals.

   Section 1819.201 addresses Agencywide goals at the combined prime and subcontract levels.  Appropriate subcontracting goals for an individual acquisition, however, are to be independently determined on the basis of the specific circumstances of the acquisition, consistent with FAR 19.705-4 and 1819.7002(b), and not on the basis of an Agencywide or center goal.  Acquisition-specific subcontracting goals should reflect maximum practicable opportunities for all categories of small business concerns to participate in NASA programs, consistent with efficient performance.  The methods outlined in NASA Policy Directive (NPD) 5000.2, Uniform Methodology for Determination of Small Disadvantaged Subcontracting Goals, may also be useful in establishing reasonable subcontracting goals for small, veteran-owned small business, service-disabled veteran-owned small business, HUBZone, and women-owned small business concerns.

 

1819.708  Contract clauses. 

   (b)(1)  The contracting officer shall use the clause at FAR 52.219-9 with its Alternate II when contracting by negotiation.

 

1819.708-70  NASA solicitation provision and contract clause. 

   (a)  The contracting officer shall insert the provision at 1852.219-73, Small Business Subcontracting Plan, in invitations for bids containing the clause at FAR 52.219-9 with its Alternate I. Insert in the last sentence the number of calendar days after request that the offeror must submit a complete plan.

   (b)  The contracting officer shall insert the clause at 1852.219-75, Small Business Subcontracting Reporting, in solicitations and contracts containing the clause at FAR 52.219-9, except for contracts covered by an approved commercial plan.

 

Subpart 1819.8--Contracting with the Small Business Administration

(The 8(a) Program)

 

1819.804  Evaluation, offering, and acceptance.

 

1819.804-1  Agency evaluation.

   The small business specialist shall review and evaluate all acquisition requirements to determine their suitability for offering to SBA for 8(a) acceptance and make a recommendation to the contracting officer concerning award to SBA.

 

Subpart 1819.10--Small Business Competitiveness Demonstration Program

 

1819.1005 Applicability.

   (b) The targeted industry categories for NASA and their North American Industry Classification System (NAICS) codes are:

 

NAICS Code

Industry Category

334111

Electronic Computer Manufacturing

334418

Printed Circuit Assembly (Electronic Assembly) Manufacturing

334613

Magnetic and Optical Recording Media Manufacturing

334119

Other Computer Peripheral Equipment Manufacturing

33422

Radio and Television Broadcasting and Wireless Communication Equipment Manufacturing

336415

Guided Missile and Space Vehicle Propulsion Unit and Propulsion Unit Parts Manufacturing

54171

Research and Development in the Physical Engineering and Life Sciences

336419

Other Guided Missile and Space Vehicle Parts and Auxiliary Equipment Manufacturing

334511

Search, Detection, Navigation, Guidance, Aeronautical, and Nautical Systems and Instrument Manufacturing

333314

Optical Instrument and Lens Manufacturing

541511

Custom Computer Programming Services        

541512

Computer Systems Design Services

51421

Data Processing Services

541519

Other Computer Related Services

 

Subpart 1819.70--NASA  8 Percent Goal

 

1819.7000  General.

   Public Laws 101-144, 101-507, and 102-389 require the NASA Administrator to ensure, to the fullest extent possible, that at least 8 percent of Federal funding for prime and subcontracts awarded in support of authorized programs, including the space station by the time operational status is obtained, be made available to small disadvantaged business concerns, Historically Black Colleges and Universities, minority institutions, and women-owned small business concerns.

 

1819.7002    Contracting officer responsibility. 

   (a)  Contracting officers must seek out as potential sources entities identified in 1819.7001 and give full consideration to these entities to satisfy NASA requirements.  The participation of NASA prime contractors is also essential to meeting the Agency’s 8 percent goal.

   (b)  NASA Policy Directive (NPD) 5000.2, Uniform Methodology for Determination of Small Disadvantaged Subcontracting Goals, contains guidance on developing realistic goals.  It is applicable to acquisitions expected to exceed $50 million, including options.  The methodology may be used for lesser value acquisitions.

 

1819.7003  Contract clause.

   The contracting officer shall insert the clause at 1852.219-76, NASA 8 Percent Goal, in all solicitations and contracts other than those below the simplified acquisition threshold or when the contract, together with all its subcontracts, is to be performed entirely outside of any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the Trust Territory of the Pacific Islands.

 

Subpart 1819.71--NASA Rural Area Small Business Plan

 

1819.7101  Definition.

   "Rural area" means a county with a population of fewer than twenty thousand individuals.

 

1819.7102  General.

   Pursuant to Public Law 100-590, NASA established a Rural Area Business Enterprise Development Plan, including methods for encouraging prime and subcontractors to use small business concerns located in rural areas as subcontractors and suppliers.  One method is to encourage the contractor to use its best efforts to comply with the intent of the statute. 

 

1819.7103  Solicitation provision and contract clause.

   The contracting officer shall insert the clause at 1852.219-74, Use of Rural Area Small Businesses, in solicitations and contracts that offer subcontracting possibilities or that are expected to exceed $500,000 ($1,000,000 for construction of public facility) unless the contract, together with all its subcontracts, is to be performed entirely outside of any State, territory, or possession of



PART 1822

               APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

 

TABLE OF CONTENTS

 

1822.000-70                            Scope of part.

 

SUBPART     1822.1              BASIC LABOR POLICIES

1822.101                                  Labor relations.

1822.101-1                              General.

1822.101-3                              Reporting labor disputes.

1822.101-4                              Removal of items from contractors' facilities affected by work

                                                  stoppages.

1822.101-70                            Admission of labor representatives to contract sites.

1822.103                                  Overtime.

1822.103-4                              Approvals.

1822.103-5                              Contract clauses.

 

SUBPART     1822.3              CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

1822.302                                  Liquidated damages and overtime pay.

 

SUBPART     1822.4              LABOR STANDARDS FOR CONTRACTS INVOLVING                                    CONSTRUCTION

1822.400-70                            Contacts with the Department of Labor.

1822.404-3                              Procedures for requesting wage determinations.

1822.406-8                              Investigations.

1822.406-9                              Withholding from or suspension of contract payments.

1822.406-13                            Semiannual enforcement reports.

 

SUBPART     1822.6             WALSH-HEALEY PUBLIC CONTRACTS ACT

1822.604                                 Exemptions.

1822.604-2                             Regulatory exemptions.

 

SUBPART     1822.8             EQUAL EMPLOYMENT OPPORTUNITY

1822.804                                 Affirmative action programs.

1822.804-2                             Construction.

1822.807                                 Exemptions.

1822.810                                 Solicitation provisions and contract clauses.

 

SUBPART     1822.10           SERVICE CONTRACT ACT OF 1965

1822.1001                               Definitions.

1822.1008                               Procedures for preparing and submitting Notice (SF 98/98a).

1822.1008-270                       Additional information for the preparation of SF 98/98a.

1822.1008-7                           Required time of submission of Notice.

 

SUBPART     1822.13           SPECIAL DISABLED VETERANS, VETERANS OF THE                                   VIETNAM ERA, AND OTHER ELIGIBLE VETERANS  

1822.1305                               Waivers.

1822.1308                               Complaint procedures.

 

SUBPART     1822.14           EMPLOYMENT OF WORKERS WITH DISABILITIES

1822.1403                               Waivers.

1822.1406                               Complaint procedures.

 

SUBPART   1822.15             PROHIBITION OF ACQUISITION OF PRODUCTS

                                                  PRODUCED BY FORCED OR INDENTURED CHILD

                                                  LABOR

1822.1503                               Procedures for acquiring end products on the List of Products

                                                  Requiring Contractor Certification as to Forced or Indentured

                                                  Child Labor.

 

 

PART 1822

               APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

 

1822.000-70  Scope of part. 

   (a)  Contracting officers shall consult with the installation labor relations advisor or designee when taking any of the actions prescribed or authorized in FAR Part 22 or NFS Part 1822.

   (b)  Proposed actions having a substantial impact on the activities of NASA or other Government agencies shall be approved by the Headquarters Contractor Industrial Relations Office (Code JR).

 

Subpart 1822.1--Basic Labor Policies

 

1822.101  Labor relations.

 

1822.101-1  General.

   (d)  When a strike that may have an adverse effect on NASA programs is imminent or in progress at a prime contractor's or subcontractor's plant, contracting officers shall:       

        (i)  Advise both the prime contractor and the head of the union local in writing of the expected impact of the strike on NASA programs and of the actions NASA is considering to protect the Government's interest and prevent delay in the accomplishment of NASA's mission.  If the strike is in a subcontractor's plant, the subcontractor may be approached only through the prime contractor;

        (ii) Explore the possibility of locating other sources for the supplies or services to have been provided by the strike-threatened plant; and

        (iii) Consider taking the actions described in FAR 22.101-4. 

   (e)  Programs or requirements that result in contracts in excess of the simplified acquisition threshold shall require contractors to notify NASA of actual or potential labor disputes that are delaying or threaten to delay timely contract performance.

 

1822.101-3  Reporting labor disputes.

   Reports of potential or actual labor disputes affecting NASA acquisitions, operations, or services shall be submitted to the Headquarters Contractor Industrial Relations Office (Code JR).  These reports shall be made as early as possible and shall include immediately available information. Supplemental reports shall be made to provide appropriate additional information.  Reports shall describe at a minimum:  

        (1) The nature of the potential or actual dispute, including whether a strike, lockout, slow-down, shut-down, or picketing is involved and the degree of emergency presented;

        (2) The character, quantity, and importance of the supplies, operations, or services involved, including scheduled performance and delivery dates and their relationship to the total acquisition program;

        (3) The identity and location of the parties to the dispute and their representatives, including the approximate number of employees involved;

        (4) The need for and availability of alternative resources to furnish the items involved within the time required;

        (5) Any critical items that should be removed from the plant or work site or should continue to be processed there with the consent of the parties to the dispute; and

        (6) Recommended action to be taken by NASA.

 

1822.101-4  Removal of items from contractors' facilities affected by work stoppages. 

   (a)(3) The contracting officer shall obtain approval from Code JR for any contemplated action.

 

1822.101-70  Admission of labor representatives to contract sites.

   NASA activities may not prevent the access of labor union representatives to contract sites for the conduct of union business if their activities are compatible with safety and security regulations and performance of the contract work involved.

 

1822.103  Overtime.

 

1822.103-4  Approvals. 

   (a)  The contracting officer is authorized to approve overtime premiums at Government expense. If two or more contracting offices have current contracts at a single facility and approval of overtime by one will affect the performance or cost of contracts of another, the approving official shall obtain the concurrence of other appropriate approving officials and seek agreement as to the contracts under which premiums will be approved.  In the absence of evidence to the contrary, a contracting officer may rely on the contractor's statement that approval will not affect performance or payments under any contract of another contracting office. 

 

1822.103-5  Contract clauses.   

(a)    See 1822.101-1(e).

 

Subpart 1822.3--Contract Work Hours and Safety Standards Act

 

1822.302  Liquidated damages and overtime pay. 

   (c)  The Director of the Headquarters Contractor Industrial Relations Office (Code JR) is the agency head designee.

   (d)  Disposal of funds withheld or collected for liquidated damages shall be in accordance with direction of the Director of Code JR.

 

Subpart  1822.4--Labor Standards for Contracts Involving Construction

 

1822.400-70  Contacts with the Department of Labor.

   All contacts with the Department of Labor required by FAR Subpart 22.4, except for wage determinations, shall be conducted through the Headquarters Contractor Industrial Relations Office (Code JR).  Contracting officers shall submit all pertinent information to Code JR in support of Code JR for contacts.  For wage determinations, contracting officers shall submit all requests directly to Goddard Space Flight Center, Contractor Industrial Relations Office - GSFC, Code 201, Greenbelt, Maryland 20771 (GSFC).

 

1822.404-3  Procedures for requesting wage determinations.

   Contracting officers shall submit requests for project wage determinations to GSFC at least 55 days (70 days if possible) before issuing the solicitation.

 

1822.406-8  Investigations. 

   (a)  The contracting officer is responsible for conducting investigations of labor violations relative to contracts under their cognizance.

   (d)  Reports of violations shall be sent to Code JR.  

 

1822.406-9  Withholding from or suspension of contract payments. 

   (c)(4)  Code JR shall determine the disposal of funds.

 

1822.406-13  Semiannual enforcement reports.

   Procurement officers shall submit semiannual enforcement data within 20 days after the end of the specified reporting periods to the Headquarters Office of Procurement (Code HK).  Negative statements are required. 

 

Subpart 1822.6--Walsh-Healey Public Contracts Act

 

1822.604  Exemptions.

 

1822.604-2  Regulatory exemptions. 

   (b)  Requests for exemptions shall be submitted in writing through the contracting officer to the Headquarters Contractor Industrial Relations Office (Code JR).

 

Subpart 1822.8--Equal Employment Opportunity

 

1822.804  Affirmative action programs.

 

1822.804-2  Construction. 

   (b)  The Headquarters Office of Procurement (Code HK) will furnish each procurement officer the listing.

 

1822.807  Exemptions.

   Requests for exemption pursuant to FAR 22.807(a)(1), (a)(2), or (b)(5) shall be sent to the Headquarters Office of Procurement (Code HS).

 

1822.810  Solicitation provisions and contract clauses. 

   (e)  If an offeror completes a negative representation under FAR 52.222-22, the contracting officer shall obtain the information required by FAR 52.222-26(b)(7) within 30 days of contract award.  This information shall be held in confidence as privileged information in accordance with 32 CFR 286.6(b)(4).

 

Subpart 1822.10--Service Contract Act of 1965

 

1822.1001  Definitions.

   "Agency labor advisor" is the Director of the Headquarters Contractor Industrial Relations Office (Code JR).  All contacts with other agencies required by FAR Subpart 22.10 shall be conducted through Code JR.  Contracting officers shall submit all pertinent information to Code JR in support of the required contacts.

 

1822.1008  Procedures for preparing and submitting Notice (SF 98/98a).

 

1822.1008-270  Additional information for the preparation of SF 98/98a.

   The information listed below by item number shall be furnished, in addition to that required by the SF 98/98a: 

   (a)  Item 6.  Insert on the far left side of the block the code identifying the type of proposed action:

  

Code   

Proposed Action

I 

New contract (use only when services are not presently being performed).

II

Recompetition of services.

III

Contract modifications affecting the scope of the work.

IV    

Extension of contract performance through exercise of an option or otherwise.

 

V        

Other.  When a multiple year contract (funding is not subject to annual appropriation) is to be entered into, specify "multiple year R&D funded" on the SF 98.

 

   (b)  Item 8.     

         (1)  If the proposed contract will be awarded under Section 8(a) of the Small Business Act, insert both the Small Business Administration and the name of the subcontractor.

         (2)  If no wage determination is available for the particular contract, insert "None" in Item 8.b. 

   (c)  Item 10.  Add the solicitation number.

   (d)  Item 12.     

         (1)  When entering into a new service contract, list all classes of work expected to be performed under the contract under this item, regardless of whether the class of employees is considered professional, executive, administrative, or hourly.  However, if submission of the SF 98/98a is in connection with any action other than a new contract (Code I in paragraph (a) of this subsection), list only the classes of work that the incumbent indicates are "nonexempt."

         (2)  When classifications include both categories of employees covered by a collective bargaining agreement and those not represented by a union, mark the classifications that are unionized with an asterisk.

         (3)  If the classification of work is not known, use the most descriptive job title available for the work to be performed under the contract. 

   (e)  Item 13.  If the number of employees is not known, the estimated hours required to perform the tasks should be indicated so that staffing estimates can be determined and listed.

   (f) Item 14.  Include in this item the wage rates that would be paid if the employees were subject to 5 U.S.C. 5332 (GS grades).

 

1822.1008-7  Required time of submission of notice. 

   (a)  Contracting officers shall submit the notices to Goddard Space Flight Center, Contract Industrial Relations Office - GSFC, Code 201, Greenbelt, Maryland 20771 (GSFC) at least 70 days before initiating the associated contract actions.

   (b)  When the circumstances in FAR 22.1008-7(b) apply, contracting officers shall submit the required notices to GSFC at least 40 days before initiating the associated contract actions.

   (c)  Contracting officers shall contact GSFC before initiating any action when the circumstances in FAR 22.1008-7(c) and (d) apply.

 

 Subpart 1822.13--Special Disabled Veterans, Veterans of the Vietnam ERA,

and Other Eligible Veterans

 

1822.1305  Waivers. 

   (c) Requests for waivers shall be submitted to the Assistant Administrator for Equal Opportunity Programs (Code E).

 

1822.1308  Complaint procedures.

   Contracting officers shall submit all complaints to the Assistant Administrator for Equal Opportunity Programs (Code E).

 

Subpart 1822.14--Employment of Workers with Disabilities

 

1822.1403  Waivers. 

   (c)  Requests for waivers shall be submitted to the Assistant Administrator for Equal Opportunity Programs (Code E).

 

1822.1406  Complaint procedures.

   Contracting officers shall submit all complaints to the Assistant Administrator for Equal Opportunity Programs (Code E).

 


Subpart 1822.15--Prohibition of Acquisition of Products Produced by Forced or

 Indentured Child Labor

 

1822.1503  Procedures for acquiring end products on the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor.

   (e)  All investigations under FAR Subpart 22.15 shall be referred to NASA’s Office of Inspector General.



PART 1823
 ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE


TABLE OF CONTENTS

 

SUBPART            1823.2            ENERGY AND WATER EFFICIENT AND

                                                        RENEWABLE ENERGY

1823.203                                       Energy-efficient products.

SUBPART            1823.3            HAZARDOUS MATERIAL IDENTIFICATION AND
                                                         MATERIAL SAFETY DATA
1823.370                                       Acquisition of potentially hazardous items from or through
                                                         another Government agency.

 SUBPART           1823.4             USE OF RECOVERED MATERIALS

1823.404                                       Agency affirmative procurement programs.

SUBPART            1823.5            DRUG-FREE WORKPLACE
1823.570                                       Drug-and alcohol-free workforce.
1823.570-1                                    Scope.
1823.570-2                                    Definitions.
1823.570-3                                    Contract clause.
1823.570-4                                    Suspension of payments, termination of contract, and
                                                         debarment and suspension actions.

SUBPART            1823.7             CONTRACTING FOR ENVIRONMENTALLY

                                                        PREFERABLE PRODUCTS AND SERVICES

1823.703                                       Policy.

SUBPART            1823.70          SAFETY AND HEALTH
1823.7001                                     NASA solicitation provisions and contract clauses.

SUBPART            1823.71          FREQUENCY AUTHORIZATION
1823.7101                                     Contract clause.
1823.7102                                     Procedures.

 

PART 1823
ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

 

Subpart 1823.2--Energy and Water Efficiency and Renewable Energy

 

1823.203  Energy-efficient products.

   Responsibility, policy and procedures for NASA’s implementation of FAR 23.203, including cost-effectiveness, are described in NPG 8570.1, “Energy Efficiency and Water Conservation Technologies and Practices.”

 

Subpart 1823.3--Hazardous Material Identification and Material Safety Data

1823.370  Acquisition of potentially hazardous items from or through another Government agency.
  When acquiring supplies or services from or through another Government agency (e.g., see FAR Part 8 and FAR Subpart 17.5), NASA shall request that agency to furnish NASA the data required by FAR Subpart 23.3.

 Subpart 1823.4--Use of Recovered Materials

 

1823.404  Agency affirmative procurement programs.

   NASA’s affirmative procurement program is described in the Affirmative Procurement Plan for Environmentally Preferable Products (NPG 8830.1).

Subpart 1823.5--Drug-Free Workplace

1823.570  Drug-and alcohol-free workforce.

1823.570-1  Scope.
  Sections 1823.570 to 1823.570-4 set forth NASA requirements for mandatory drug and alcohol testing of certain contractor personnel under section 203, National Aeronautics and Space Act of 1958, as amended, 42 U.S.C. 2473, 72 Stat. 429; and Civil Space Employee Testing Act of 1991, Public Law 102-195, sec. 21, 105 Stat. 1616 to 1619.

1823.570-2  Definitions.
  As used in this subpart employee and controlled substance are as defined in FAR 23.503. The use of a controlled substance in accordance with the terms of a valid prescription, or other uses authorized by law shall not be subject to the requirements of 1823.570 to 1823.570-4 and the clause at 1852.223-74.
   "Employee in a sensitive position" means a contractor or subcontractor employee who has been granted access to classified information; a contractor or subcontractor employee in other positions that the contractor or subcontractor determines could reasonably be expected to affect safety, security, National security, or functions other than the foregoing requiring a high degree of trust and confidence; and includes any employee performing in a position designated "mission critical" pursuant to the clause at 1852.246-70. The term also includes any applicant who is interviewed for a position described in this paragraph.
   "Use, in violation of applicable law or Federal regulation, of alcohol" includes having, while on duty or during a preemployment interview, an alcohol concentration of 0.04 percent by weight or more in the blood, as measured by chemical test of the individual's breath or blood. An individual's refusal to submit to such test is presumptive evidence of use, in violation of applicable law or Federal regulation, of alcohol.

1823.570-3  Contract clause.
   The contracting officer shall insert the clause at 1852.223-74, "Drug- and Alcohol-Free Workforce," in all solicitations and contracts containing the clause at 1852.246-70, "Mission Critical Space Systems Personnel Reliability Program," and in other solicitations and contracts exceeding $5 million in which work is performed by an employee in a sensitive position. However, the contracting officer shall not insert the clause at 1852.223-74 in solicitations and contracts for commercial items (see FAR Parts 2 and 12).

1823.570-4  Suspension of payments, termination of contract, and debarment and suspension actions.
  The contracting officer shall comply with the procedures of FAR 23.506 regarding the suspension of contract payments, the termination of the contract for default, and debarment and suspension of a contractor relative to failure to comply with the clause at 1852.223-74. Causes for suspension of contract payments, termination of the contract for default, and debarment and suspension of the contractor are the following:

   (a) The contractor fails to comply with paragraph (b), (c), or (d) of the clause at 1852.223-74; or
   (b)     Such a number of contractor employees in sensitive positions having been convicted of violations of criminal drug statutes or substantial evidence of drug or alcohol abuse or misuse occurring in the workplace, as to indicate that the contractor has failed to make a good faith effort to provide a drug- and alcohol-free workforce.

 

Subpart 1823.7--Contracting for Environmentally Preferable Products and Services

 

1823.703  Policy.

   Responsibility, policy and procedures for NASA’s implementation of FAR 23.703 is described in NPG 8570.1, “Energy Efficiency and Water Conservation Technologies and Practices”.

 

Subpart 1823.70--Safety and Health

 

1823.7001  NASA solicitation provisions and contract clauses.
    (a) The clause at 1852.223-70, Safety and Health, shall be included in all solicitations and contracts when one or more of the following conditions exist:

   (1) The work will be conducted completely or partly on premises owned or controlled by the Government.

   (2) The work includes construction, alteration, or repair of facilities in excess of the simplified acquisition threshold.

   (3) The work, regardless of place of performance, involves hazards that could endanger the public, astronauts and pilots, the NASA workforce (including contractor employees working on NASA contracts), or high value equipment or property, and the hazards are not adequately addressed by Occupational Safety and Health Administration (OSHA) or Department of Transportation (DOT) regulations (if applicable).

   (4) When the assessed risk and consequences of a failure to properly manage and control the hazard(s) warrants use of the clause.

   (b) The clause prescribed in paragraph (a) of this section may be excluded, regardless of place of performance, when the contracting officer, with the approval of the installation official(s) responsible for matters of safety and occupational health, determines that the application of OSHA and DOT regulations constitutes adequate safety and occupational health protection.

   (c) The contracting officer shall insert the provision at 1852.223-73, Safety and Health Plan, in solicitations containing the clause at 1852.223-70. This provision may be modified to identify specific information that is to be included in the plan. After receiving the concurrence of the center safety and occupational health official(s), the contracting officer shall include the plan in any resulting contract.  Insert the provision with its Alternate I, in Invitations for Bid containing the clause at 1852.223-70.

   (d)     The contracting officer shall insert the clause at 1852.223-75, Major Breach of Safety or Security, in all solicitations and contracts with estimated values of $500,000 or more, unless waived at a level above the contracting officer with the concurrence of the project manager and the installation official(s) responsible for matters of security, export control, safety, and occupational health.  For other contracts, use of the clause is optional.

   (e) For all solicitations and contracts exceeding the micro-purchase threshold that do not include the clause at 1852.223-70, Safety and Health, the contracting officer shall insert the clause at 1852.223-72, Safety and Health (Short Form).

Subpart 1823.71--Frequency Authorization

1823.7101  Contract clause.
   The contracting officer shall insert the clause at 1852.223-71, Frequency Authorization, in solicitations and contracts calling for developing, producing, constructing, testing, or operating a device for which a radio frequency authorization is required.

1823.7102  Procedures.
  The contracting officer shall obtain the necessary frequency authorization and other procedural details from the installation's spectrum manager.



PART 1825

FOREIGN ACQUISITION

 

TABLE OF CONTENTS

 

1825.000                                           Definitions.

1825.003-70                                     NASA definitions.

 

SUBPART               1825.1              BUY AMERICAN ACT--SUPPLIES

1825.103                                            Exceptions

   

SUBPART                1825.4             TRADE AGREEMENTS

1825.400                                            Scope of subpart.

 

SUBPART               1825.9             CUSTOMS AND DUTIES

1825.901                                           Policy.

1825.903                                           Exempted supplies.

   

SUBPART                1825.10          ADDITIONAL FOREIGN ACQUISITION

                                                             REGULATIONS

1825.1001                                        Waiver of right to examination of records.

1825.1002                                        Use of foreign currency.

 

SUBPART                1825.11          SOLICITATION PROVISIONS AND CONTRACT

                                                           CLAUSES

1825.1101                                         Acquisition of Supplies.

1825.1103                                         Other provisions and clauses.

1825.1103-70                                   Export control.

 

SUBPART               1825.70            FOREIGN CONTRACTS  AND INTERNATIONAL

                                                                        AGREEMENT CLEARANCES   

1825.7000                                         Scope of subpart.

1825.7001                                          Definition.

1825.7002                                          Foreign Contracts.

1825.7003                                           International Agreements.

 

 

PART 1825

FOREIGN ACQUISITION

 

1825.003  Definitions.

 

1825.003-70  NASA  definitions.

   "Canadian  end product”, for an item with an estimated value of $25,000 or less, means an unmanufactured end product mined or produced in Canada or an end product manufactured in Canada, if the cost of its components mined, produced, or manufactured in Canada or the United States exceeds 50 percent of the cost of all its components.  The cost of components includes transportation costs to the place of incorporation into the end product.  For an end product with an estimated value in excess of $25,000, the definition at FAR 25.401 applies.

 

Subpart 1825.1--Buy American Act--Supplies

 

1825.103  Exceptions.

   (a)(i)  The procurement officer shall send proposed public interest determinations to the Assistant Administrator for Procurement (Code HS) for approval.          

        (ii) The Assistant Administrator for Procurement has determined that it is inconsistent with the public interest to apply restrictions of the Buy American Act to Canadian end products with estimated values of $25,000 or less as defined in 1825.003-70.  Accordingly, contracting officers must evaluate all offers for such Canadian end products on a parity with offers for domestic end products, except that applicable duty (whether or not a duty free entry certificate may be issued) must be included in evaluating offers for Canadian end products.

 

Subpart 1825.4--Trade Agreements

 

1825.400  Scope of subpart. 

   (b)  The Buy American Act and the Balance of Payments Program apply to all acquisitions of Japanese end products or services in excess of $2,500.

 

Subpart 1825.9--Customs and Duties

 

1825.901  Policy.

   NASA has statutory authority to exempt certain articles from import duties, including articles that will be launched into space, spare parts for such articles, ground support equipment, and unique equipment used in connection with an international program or launch service agreement.  This authority is fully described in 14 CFR 1217.

 

1825.903  Exempted supplies.

   (a)        Through delegation from the Assistant Administrator for Procurement, Procurement Officers are authorized to certify duty free entry for articles imported into the United States, if those articles are procured by NASA or by other U.S. Government agencies, or by U.S. Government contractors or subcontractors when title to the articles is or will be vested in the U.S. Government in accordance with the terms of the contract or subcontract.  Procurement officers shall complete the certification set forth in 14 CFR 1217.104(a) or 1217.104(c) 

 (http://www.access.gpo.gov/nara/cfr/cfr-retrieve.html - page1).  Upon arrival of foreign supplies at a port of entry, the consignee, generally the commercial carrier or its agent (import broker), will file Customs Form 7501, Entry Summary.  This form is available from Service Ports (http://www.customs.ustreas.gov/location/ports/index.htm) or from NASA Headquarters' forms library (https://extranet.hq.nasa.gov/nef/user/form_search.cfm).  All duty-free certificates must be coordinated with the center Chief Counsel.  Procurement officers must maintain a record of each certification and make this record available for periodic review by NASA Headquarters and the U.S. Customs Service.



Subpart 1828.3--Insurance

 

1828.307  Insurance under cost-reimbursement contracts.

 

1828.307-1  Group insurance plans. 

   (a) The procurement officer is the approval authority.

 

1828.307-2  Liability. 

   (b)(2)(A) The procurement officer may approve a requirement for property damage liability insurance when:                  

                  (a)  A commingling of operations permits property damage coverage at a nominal cost to NASA under insurance carried by the contractor in the course of its commercial operations; or          

                  (b)  The contractor is  engaged in the handling of high explosives or in extra hazardous research and development activities undertaken in populated areas.            

               (B) In all other circumstances, the Assistant Administrator for Procurement (Code HS) is the approval authority.

 

1828.307-70  Insurance of industrial facilities.

   When industrial facilities are provided by the Government under a facilities contract or a lease, the contract or lease shall require that during the period of construction, installation, alteration, repair, or use, and at any other time as directed by the contracting officer, the contractor or lessee shall insure or otherwise provide approved security for liabilities to third persons (including employees of the contractor or lessee) in the manner and to the same extent as required in FAR 28.307-2.

 

1828.311  Solicitation provision and contract clause on liability insurance under cost-reimbursement contracts.

 

1828.311-1  Contract clause.

   The contracting officer must insert the clause at FAR 52.228-7, Insurance-Liability to Third Persons, as prescribed in FAR 28.311-1 unless --

   (a) Waived by the procurement officer:  or

   (b) The successful offeror represents in its offer that it is totally immune from tort liability as a State agency or as a charitable institution.

 

1828.311-2  Agency solicitation provisions and contract clauses.

 

1828.311-270  NASA solicitation provisions and contract clauses.

   (a)  The contracting officer must insert the clause at 1852.228-71, Aircraft Flight Risks, in all cost-reimbursement contracts for the development, production, modification, maintenance, or overhaul of aircraft, or otherwise involving the furnishing of aircraft to the  contractor, except when the aircraft are covered by a separate bailment.

   (b)  The contracting officer must insert the provision at 1852.228-80, Insurance--Immunity from Tort Liability, in solicitations for research and development when a cost-reimbursement contract is contemplated.

   (c) The contracting officer must insert FAR clause 52.228-7 and the associated clause at 1852.228-81, Insurance -- Partial Immunity From Tort Liability, when the successful offeror represents in its offer that the offeror is partially immune from tort liability as a State agency or as a charitable institution.

   (d)  The contracting officer must insert the clause at 1852.228-82, Insurance--Total Immunity From Tort Liability, when the successful offeror represents in its offer that the offeror is totally immune from tort liability as a State agency or as a charitable institution.

 

1828.370  Fixed-price contract clauses.       

   (a) The contracting officer shall insert the clause at 1852.228-70, Aircraft Ground and Flight Risk, in all negotiated fixed-price contracts for the development, production, modification, maintenance, or overhaul of aircraft, or otherwise involving the furnishing of aircraft to the contractor, except as provided in paragraph (b) of this section, unless the aircraft are covered by a separate bailment.  See the clause preface for directions for modifying the clause to accommodate various circumstances.

   (b)  The Government need not assume the risk of aircraft damage, loss, or destruction as provided by the clause at 1852.228-70 if the best estimate of premium costs that  would be included in the contract price for insurance coverage for such damage, loss, or destruction at any plant or facility is less than $500.  If it is determined not to assume this risk, the clause at 1852.228-70 shall not be made a part of the contract, and the cost of necessary insurance to be obtained by the contractor to cover this risk shall be considered in establishing the contract price. In such cases, however, if performance of the contract is expected to involve the flight of Government-furnished aircraft, the substance of the clause at 1852.228-71, Aircraft Flight Risks, suitably adapted for use in a fixed-price contract, shall be used.

   (c) When the clause at 1852.228-70 is used, the term "Contractor's premises" shall be expressly defined in the contract Schedule and shall be limited to places where aircraft may be located during the performance of the contract.  Contractor's premises may include, but are not limited to, those owned or leased by the contractor or those for which the contractor has a permit, license, or other right of use either exclusively or jointly with others, including Government airfields.

 

1828.371  Clauses for cross-waivers of liability for Space Shuttle services, Expendable Launch Vehicle (ELV) launches, and Space Station activities.        

   (a) In agreements covering Space Shuttle services, certain ELV launches, and Space Station activities, NASA and other signatories (the parties) agree not to bring claims against each other for any damage to property or for injury or death of employees that occurs during the time such a cross-waiver is in effect.  These agreements involving NASA and other parties include, but are not limited to, Memoranda of Understanding with foreign Governments, Launch Services Agreements, and other agreements for the use of NASA facilities.  These agreements require the parties to flow down the cross-waiver provisions to their related entities so that contractors, subcontractors, customers, and other users of each party also waive their right to bring claims against other parties and their similarly related entities for damages arising out of activities conducted under the agreements.  The purpose of the clauses prescribed in this section is to flow down the cross-waivers to NASA contractors and subcontractors.

   (b)  The contracting officer shall insert the clause 1852.228-72, Cross-waiver of Liability for Space Shuttle Services, in solicitations and contracts of $100,000 or more when the work to be performed involves "Protected Space Operations" (applicable to the Space Shuttle) as that term is


defined in the clause.  If Space Shuttle services under the contract are being conducted in support of the Space Station program, the contracting officer shall insert the clause prescribed by paragraph (d) of this section and designate application of that clause to those particular activities.

   (c) The contracting officer shall insert the clause at 1852.228-78, Cross-Waiver of Liability for NASA Expendable Launch Vehicle (ELV) Launches, in solicitations and contracts of $100,000 or more for the acquisition of ELV launch services when the service is being acquired by NASA pursuant to an agreement described in paragraph (a) of this section.  If, under a contract that covers multiple launches, only some of the launches are for payloads provided pursuant to such  agreements, an additional clause shall be inserted in the contract to designate the particular launches to which this clause applies.  If a payload is being launched by use of an ELV in support of the Space Station program, the contracting officer shall insert the clause prescribed by paragraph (d) of this section and designate its application to that particular launch.

   (d)  The contracting officer shall insert the clause at 1852.228-76, Cross-Waiver of Liability for Space Station Activities, in solicitations and contracts of $100,000 or more when the work is to be performed involves "Protected Space Operations" (relating to the Space Station) as that term is defined in the clause.

   (e) At the contracting officer's discretion, the clauses prescribed by paragraphs (b), (c), and (d) of this section may be used in solicitations, contracts, new work modifications, or extensions, to existing contracts under $100,000 involving Space Shuttle activities, ELV launch services, or Space Station activities, respectively, in appropriate circumstances.  Examples of such circumstances are when the value of contractor property on a Government installation used in performance of the contract is significant, or when it is likely that the contractor or subcontractor will have its valuable property exposed to risk or damage caused by other participants in the Space Shuttle services, ELV launches, or Space Station activities.     

 

1828.372  Clause for minimum insurance coverage.

   In accordance with FAR 28.306(b) and 28.307, the contracting officer may insert a clause substantially as stated at 1852.228-75, Minimum Insurance Coverage, in fixed-price solicitations and contracts requiring performance on a government installation and in cost-reimbursement contracts.  The contracting officer may modify the clause to require additional coverage, such as vessel liability, and higher limits if appropriate for a particular acquisition.


PART 1829

TAXES

 

TABLE OF CONTENTS

 

SUBPART     1829.1             GENERAL

1829.101                                 Resolving tax problems.

 

SUBPART     1829.2             FEDERAL EXCISE TAXES

1829.203                                 Other Federal tax exemptions.

1829.203-70                            NASA Federal tax exemptions.

 

 

PART 1829

TAXES

 

Subpart 1829.1--General

 

1829.101  Resolving tax problems. 

   (a)(i)  The Headquarters Office of the General Counsel (Code G) is the designated legal counsel for all external contacts on FAR Part 29 tax issues, including communications with the Department of Justice, other Federal agencies, and any taxing authority.     

        (ii) Tax problems that cannot be solved readily by reference to FAR Part 29 shall be forwarded to Code G through the installation's Office of Chief Counsel. The following material, as applicable, shall be forwarded to Code G with a copy to the Assistant Administrator for Procurement (Code HS):                 

         (A)  A comprehensive statement of pertinent facts, including documents and correspondence.

         (B)  A copy of the contract.

         (C)  A thorough review of the legal issues involved and recommended action.

         (D)  If appropriate, a statement of the problem's effects on procurement policies and procedures, with recommendations.

 

Subpart 1829.2--Federal Excise Taxes

 

1829.203  Other Federal tax exemptions.

 

1829.203-70  NASA Federal tax exemptions. 

   (a)  The Assistant Administrator for Procurement has obtained a permit from the Bureau of Alcohol, Tobacco, and Firearms (Treasury Department) enabling NASA and its contractors to purchase spirits (e.g., specially denatured spirits) tax-free for nonbeverage Government use.  Installations can obtain copies of the permit from the Headquarters Office of Procurement (Code HS).

   (b)  When purchasing spirits for use by NASA personnel, the contracting officer shall attach a copy of the permit to the contract. Upon receipt of the spirits, the permit shall be returned to the contracting officer unless future orders are anticipated.

   (c)  When a NASA contractor requires spirits to perform a NASA contract, the contracting officer shall furnish the contractor a copy of the permit to provide its vendor. Upon receipt of the spirits, the contractor shall return the permit to the contracting officer unless future orders are anticipated.  In any event, the permit shall be returned upon completion of the contract.

   (d)  The contracting officer shall post a copy of the permit for inspection.



PART 1830

COST ACCOUNTING STANDARDS ADMINISTRATION

 

TABLE OF CONTENTS

 

SUBPART     1830.2             CAS  PROGRAM REQUIREMENTS

1830.201-5                              Waiver.

 

SUBPART     1830.70           FACILITIES CAPITAL EMPLOYED FOR FACILITIES                                                             IN USE OR FOR FACILITIES UNDER CONSTRUCTION       

1830.7001                                Facilities capital employed for facilities in use.

1830.7001-1                            Contract facilities capital estimates.

1830.7001-2                            DD Form 1861 completion instructions.

1830.7001-3                            Preaward FCCOM applications.

1830.7001-4                            Postaward FCCOM applications.

1830.7002                                Facilities capital employed for facilities under construction.

1830.7002-1                            Definitions.

1830.7002-2                            Cost of money calculations.

1830.7002-3                            Representative investment calculations.

1830.7002-4                            Determining imputed cost of money.

 

 

PART 1830

COST ACCOUNTING STANDARDS ADMINISTRATION

 

Subpart 1830.2--CAS Program Requirements

  

1830.201-5  Waiver.

   (a)(2)  The Assistant Administrator for Procurement is the only individual authorized to approve CAS waivers.  Requests for waivers that meet the conditions in FAR 30.201-5(b) must be submitted to the Headquarters Office of Procurement (Code HK) at least 30 days before the anticipated contract award date.

   (e) The Assistant Administrator for Procurement will submit NASA's report to the CAS Board.

 

Subpart 1830.70--Facilities Capital Employed for

Facilities in Use and for Facilities Under Construction

 

1830.7001  Facilities capital  employed for facilities in use.

 

1830.7001-1  Contract facilities capital  estimates.

   To estimate facilities capital cost of money (FCCOM), the contracting officer shall use DD Form 1861, Contract Facilities Capital Cost of Money, after evaluating the contractor’s cost proposal, establishing cost of money factors, and developing a prenegotiation cost objective.

 

1830.7001-2  DD Form 1861 completion instructions. 

   (a) List overhead pools and direct-charging services centers (if used) in the same structure as they appear on the contractor’s cost proposal and Form CASB-CMF.  The structure and allocation base units-of-measure must be compatible on all three displays.

   (b)  Extract appropriate contract overhead allocation base data, by year, from the evaluated cost breakdown or prenegotiation cost objective, and list them against each overhead pool and direct-charging service center.

   (c) Multiply each allocation base by its corresponding cost of money factor to compute the FCCOM estimated to be incurred each year.  The sum of these products represents the estimated contract FCCOM for that year’s effort.

   (d) Add the yearly estimates to calculate the total contract FCCOM.

 

1830.7001-3  Preaward FCCOM applications.

   Apply FCCOM in establishing cost and price objectives as follows: 

   (a) Cost objective.  Use the FCCOM with normal, booked costs in establishing a cost objective or the target cost of an incentive type contract.  Do not subsequently adjust these target costs when actual cost of money rates become available during the contract performance period.

   (b)  Profit/fee objective.  Do not include FCCOM in the cost base when establishing a prenegotiation profit/fee objective.  Use only normal, booked costs in this cost base.

 

1830.7001-4  Postaward FCCOM applications. 

   (a) Interim billings based on costs incurred.      

       (1)   The contractor may include FCCOM in cost reimbursement and progress payment invoices.  To determine the amount that qualifies as cost incurred, multiply the incurred portions of the overhead pool allocation bases by the latest available cost of money factors.  These FCCOM calculations are interim estimates subject to adjustment.

       (2)   As actual cost of money factors are finalized, use the new factors to calculate FCCOM for the next accounting period. 

   (b)  Final settlements.      

       (1)   Contract FCCOM for final cost determination or repricing is based on each year’s final cost of money factors determined under CAS 414 and supported by separate Forms CASB-CMF.

       (2)   Separately compute contract FCCOM in a manner similar to yearly final overhead rates.  As in overhead rates, include in the final settlement an adjustment from interim to final contract FCCOM.  Do not adjust the contract estimated or target cost.

 

1830.7002  Facilities capital  employed for facilities under construction.

 

1830.7002-1  Definitions. 

   (a) “Cost of money rate” is either --      

       (1)   The interest rate determined by the Secretary of the Treasury under Public Law   92-41 (85 Stat 97); or

       (2)   The time-weighted average of such rates for each cost accounting period during which the capital asset is being constructed, fabricated, or developed. 

   (b)  “Representative investment” is the calculated amount considered invested by the contractor during the cost accounting period to construct, fabricate, or develop the capital asset.



PART 1832

CONTRACT FINANCING

      

TABLE OF CONTENTS

 

1832.006-2                            Definition.

1832.007                                Contract financing payments.

 

SUBPART     1832.1             NON-COMMERICAL ITEM PURCHASE FINANCING

1832.111                               Contractor clauses for non-commercial purchases.

1832.111-70                          NASA contract clause.

 

SUBPART     1832.2            COMMERCIAL ITEM PURCHASE FINANCING

1832.202-1                            Policy.

1832.206                               Solicitation provisions and contract clauses.

 

SUBPART     1832.4           ADVANCE PAYMENTS FOR NON-COMMERCIAL ITEMS   

1832.402                               General.

1832.406                               Letters of credit.

1832.407                               Interest.

1832.409                               Contracting officer action.

1832.409-1                            Recommendation for approval.

1832.409-170                        NASA procedure for approval.

1832.410                               Findings, determination, and authorization.

1832.412                               Contract clause.

1832.412-70                          NASA contract clauses.

 

SUBPART     1832.5            PROGRESS PAYMENTS BASED ON COSTS

1832.501                               General.

1832.501-1                            Customary progress payment rates.

1832.501-2                            Unusual progress payments.

1832.502                               Preaward matters.

1832.502-2                            Contract finance office clearance.

1832.502-4                            Contract clauses.

1832.502-470                        NASA contract clause.

1832.503                                Postaward matters.                             

1832.503-5                            Administration of progress payments.

1832.504                               Subcontracts.

 

SUBPART     1832.7            CONTRACT FUNDING

1832.702                               Policy.

1832.702-70                          NASA policy.

1832.704                               Limitation of cost or funds.

1832.704-70                          Incrementally funded fixed-price contracts.

1832.705                                 Contract clauses.

1832.705-2                              Clauses for limitation of cost or funds.

1832.705-270                         NASA clauses for limitation of cost or funds.

 

SUBPART     1832.9              PROMPT PAYMENT

1832.908                                 Contract clauses.

 

SUBPART     1832.10            PERFORMANCE-BASED PAYMENTS

1832.1001                               Policy.

1832.1004                               Procedure.

1832.1005                               Contract clauses.

1832.1009                               Title.

 

SUBPART     1832.11           ELECTRONIC FUNDS TRANSFER

1832.1110                               Solicitation provision and contract clauses.

 

 

PART 1832

CONTRACT FINANCING

 

1832.006-2  Definition.

   The Assistant Administrator for Procurement is the Agency remedy coordination official.

 

1832.007  Contract financing payments.

   (a)(1) Except as authorized in 1832.908, it is NASA’s policy to make contract financing payments on the 30th day after the designated billing office has received a proper request.  However, the due date for making contract financing payments for a specific contract may be earlier than the 30th day, but not earlier than 7 days, after the designated billing office has received a proper request, provided that:     

            (i)    The contractor provides consideration whose value is determined to be greater than the cost to the United States Treasury of interest on funds paid prior to the 30th day, calculated using the Current Value of Funds Rate published annually in the Federal Register (subject to quarterly revision);

            (ii)   The contracting officer approves the payment date change, with the concurrence of the installation Financial Management Officer; and

            (iii)  The contract file includes documentation regarding the value of the consideration and the analysis determining that value.

  

Subpart 1832.1--Non-Commercial Item Purchase Financing

 

1832.111  Contract clauses for non-commercial purchases.

 

1832.111-70  NASA contract clause.

   The contracting officer shall insert the clause at 1852.232-79, Payment for On-Site Preparatory Costs, in solicitations and contracts for construction on a fixed-price basis when progress payments are contemplated and pro rata payment of on-site preparatory costs to the contractor is appropriate.

 

Subpart 1832.2--Commercial Item Purchase Financing

 

1832.202-1  Policy.

   (b)(6) Advance payment limitations do not apply to expendable launch vehicle (ELV) service contracts (see 1832.402).

 

1832.206  Solicitation provisions and contract clauses. 

   (g)(2)  The installment payment rate shall be that which is common in the commercial marketplace for the purchased item.  If there is no commonly used rate, the contracting officer shall determine the appropriate rate.  In no case shall the rate exceed that established in the clause at FAR 52.232-30.

 

Subpart 1832.4--Advance Payments for Non-Commercial Items

 

1832.402  General.  

   (e)(1) The Director of the Headquarters Office of Procurement Contract Management Division (Code HK) is the approval authority for all advance payments except the following:          

            (A)  The procurement officer is the approval authority for non-fee bearing contracts with domestic entities when the cumulative contract value is $25,000,000 or less, and for all increases to such contracts over $25,000,000 previously approved by the Headquarters Office of Procurement as long as the advance payment amount outstanding at any time is not increased.   

            (B)  The contracting officer is the approval authority for the following actions. In these cases, a findings and determination (see FAR 32.410) is not required.                  

                   (a) Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Phase I contracts.  A class deviation has been signed authorizing use of advance payments on these contracts.  The contracting officer shall annotate the contract file that the deviation is on file at the NASA Headquarters Office of Procurement (Code HK).

                   (b) Expendable launch vehicle (ELV) service contracts. 42 U.S.C. 2459c authorizes advance payments for these contracts. The contracting officer shall document the contract file with the rationale for approving the use of advance payments.

   (e)(2) All advance payment authorization requests, except those authorized by 1832.402(e)(1)(B), shall be coordinated with the installation Deputy Chief Financial Officer.

 

1832.406  Letters of credit. 

   (b)(1) Each installation is considered a contracting agency for the purposes of this requirement.

 

1832.407  Interest. 

   (d)(1) Advance payments without interest are authorized.

 

1832.409  Contracting officer action.

 

1832.409-1  Recommendation for approval.

 

1832.409-170  NASA procedure for approval.

   In addition to the items listed in FAR 32.409-1, requests for Headquarters approval of advance payments (see 1832.402(e)(1)) shall include the following information:  

   (a)  Name of the cognizant NASA Headquarters program or staff office;

   (b) Name and phone number of the contracting officer or negotiator;

   (c)  A copy of the proposed advance payments clause;

   (d) If a profit/fee is contemplated, the factors considered in determining the profit/fee (see 1815.404-470);

   (e) Information justifying the adequacy of security to cover the maximum advance payment amount at any time outstanding.

 

1832.410  Findings, determination, and authorization. 

   (b)  Generally, the format in FAR 32.410 should be used, tailored as follows:     

       (i) In format subparagraph (a)(2), use the phrase "Advance payments (in an amount not to exceed $.….... at any time outstanding)" in all determinations and findings.  The phrase means the maximum unliquidated dollar amount a contractor would need in advance payments at any point in time for the particular contract.  The amount would not usually be the full contract value.  The amount inserted should be based on an analysis of the contractor's financing needs (monthly or other appropriate period) for the specific contract involved.

       (ii) In the second sentence of format subparagraph (a)(4), delete the reference to a special financial institution account if no special financial institution account is required.

       (iii) Use format subparagraph (a)(6),  not  (a)(7) or  (a)(8).

       (iv)  At the end of format paragraph (b), use "is in the public interest."

       (v)    In format paragraph (c), use the phrase  “(the amount at any time outstanding)" in all determinations and findings.

 

1832.412  Contract clause. 

   (e) The contracting officer shall use Alternates IV and V when advance payments are provided on Phase I contracts of the Small Business Innovation Research (SBIR) or Small Business Technology Transfer (STTR) programs.

   (f) See 1832.412(e).

 

1832.412-70    NASA contract clauses.

   When the clause at FAR 52.232-12 or its Alternates II or V are used, insert the clause at 1852.232-70, NASA Modification of FAR 52.232-12.

 

Subpart 1832.5--Progress Payments Based on Costs

 

1832.501  General.

 

1832.501-1  Customary progress payment rates. 

   (a) The customary progress payment rate for all NASA contracts is 85 percent for large business, 90 percent for small business, 95 percent for small disadvantaged business, and 100 percent for Phase II contracts in the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs.  The contracting officer shall insert the applicable percentage in paragraphs (a) and (b) of the clause at FAR 52.232-16.

 

1832.501-2  Unusual progress payments.

   The Director of the Headquarters Office of Procurement, Contract Management Division (Code HK) is the approval authority for the use of unusual progress payments.  

 

1832.502  Preaward matters.

 

1832.502-2  Contract finance office clearance.

   The Director of the Headquarters Office of Procurement Contract Management Division (Code HK) is the approval authority for the actions at FAR 32.502-2, except the Assistant Administrator for Procurement (Code HK) is the approval authority for any deviations addressed in FAR 32.502-2(b).

 

1832.502-4  Contract clauses.

 

1832.502-470  NASA contract clause.

   The contracting officer may insert a clause substantially as stated at 1852.232-82, Submission of Requests for Progress Payments, in fixed-price solicitations and contracts that provide for progress payments.  The recipient of the requests and number of copies may be changed as required.

 

1832.503  Postaward matters.

 

1832.503-5  Administration of progress payments.

   (c)(i)  If the contractor requests it and the contracting officer approving individual progress payments agrees, the administration of progress payments may be based on the overall contract agreement.  Under this method, the contractor must include a supporting schedule with each request for a progress payment.  The schedule should identify the costs applicable to each order.

       (ii) The contracting officer may treat a group of orders as a single unit for administration of progress payments if each order in the group is subject to a uniform liquidation rate and under the jurisdiction of the same payment office.

 

1832.504  Subcontracts. 

   (c) Unusual progress payments to subcontractors shall be approved in accordance with 1832.501-2.

 

Subpart 1832.7--Contract Funding

 

1832.702  Policy.

 

1832.702-70  NASA policy.

   (a) Cost-reimbursement contracts may be incrementally funded only if all the following conditions are met:

       (1)  The total value of the contract (including options as defined in FAR Subpart 17.2) is--

            (i)    $500,000 or more for R&D contracts under which no supplies are deliverable; or

            (ii)   $1,000,000 or more for all other contracts.

       (2) The period of performance exceeds one year.

       (3) The funds are not available to fund the total contract value fully at award.

       (4) Initial funding of the contract is $100,000 or more.

   (b) Fixed-price contracts, other than those for research and development, shall not be incrementally funded.

   (c)(1) Fixed-price contracts for research and development may be incrementally funded if the conditions of 1832.702-70(a)(1) through (4) are met and the initial funding of the contract is at least 50 percent of the total fixed price.

       (2) Incrementally funded fixed-price contracts shall be fully funded as soon as adequate funding becomes available.

   (d)  Except for a modification issued to fully fund a contract, incremental funding modifications shall not be issued for amounts totaling less than $25,000.

   (e) Except for a modification issued to close out a contract, modifications deobligating funds shall not be issued for amounts totaling less than $25,000.

   (f) The procurement officer, with the concurrence of the installation Comptroller, may waive any of the conditions set forth in paragraphs 1832.702-70(a) through (e).  The procurement officer shall maintain a record of all such approvals during the fiscal year.

   (g) A class deviation from the conditions set forth in paragraphs 1832.702-70(a) through (e) exists to permit incremental funding of contracts under Phase II of the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs.  This deviation exists with the understanding that the contracts will be fully funded when funds become available.

 

1832.704  Limitation of cost or funds.

 

1832.704-70  Incrementally funded fixed-price contracts. 

   (a)   Upon receipt of the contractor's notice under paragraph (c)(1) of the clause at 1852.232-77, Limitation of Funds (Fixed-Price Contract), the contracting officer shall promptly provide written notice to the contractor that the Government is --     

       (1) Allotting additional funds in a specified amount for continued performance;

       (2) Terminating the contract; or

       (3) Considering whether to allot additional funds; and          

            (i)  The contractor is entitled to stop work in accordance with paragraph (b) of the clause at 1852.232-77, Limitation of Funds; and

            (ii) Any costs expended beyond the amount specified in paragraph (a) of the clause at 1852.232-77, Limitation of Funds, are incurred at the contractor's risk. 

   (b)  Upon determining that the contract will receive no further funds, the contracting officer shall promptly give notice of the Government's decision and terminate for the convenience of the Government.

 

1832.705  Contract clauses.

 

1832.705-2  Clauses for limitation of cost or funds.

 

1832.705-270  NASA clauses for limitation of cost or funds. 

   (a) The contracting officer shall insert the clause at 1852.232-77, Limitation of Funds (Fixed-Price Contract), in solicitations and contracts for fixed-price incrementally funded research and development.

   (b)  The contracting officer shall insert a clause substantially as stated at 1852.232-81, Contract Funding, in Section B of solicitations and contracts containing the clause at FAR 52.232-22, Limitation of Funds.  Insert the amounts of funds available for payment, the items covered, and the applicable period of performance.  The amount obligated for fee in paragraph (b) of the clause should always be sufficient to pay fee anticipated to be earned for the work funded by the amount in paragraph (a) of the clause. 

 

Subpart 1832.9--Prompt Payment

 

1832.908  Contract clauses. 

   (c)(2) When the clause at FAR 52.232-25, Prompt Payment, is used in such contracts with the Canadian Commercial Corporation (CCC), insert "17th" in lieu of "30th" in paragraphs (a)(1)(i)(A),  (a)(1)(i)(B), and  (a)(1)(ii).

 

Subpart 1832.10--Performance-Based Payments

 

1832.1001  Policy.

   (a)(i)  In determining whether performance-based payments are practical in competitive negotiated acquisitions, the contracting officer should consider the procedural impacts  (e.g., proposal evaluation complications, longer evaluations, elimination of the potential for award without discussions, increased proposal information requirements) and the impact on small business competitiveness.

       (ii) The contracting officer must obtain approval from the Director of the Headquarters Office of Procurement Contract Management Division (Code HK) to use performance-based payments in competitive negotiated solicitations under $50M.  The request for approval must include an assessment of the practicality of using performance-based payments, as well as the proposed performance-based payments evaluation approach  (see 1832.1004(e)(1)(ii)).

 

1832.1004  Procedures. 

   (a) See 1815.201(c)(6)(E) for establishing performance bases and payment terms in competitive negotiated acquisitions.

   (e)(1)(ii)   Use of the price adjustment evaluation technique may require obtaining and analyzing proposal information that is normally not required in NASA firm-fixed-price competitions (see 1815.403-3).  When using performance-based payments in competitive negotiated acquisitions under $50 million, contracting officers should consider the use of alternative evaluation methods, e.g., qualitative evaluation under Mission Suitability or another appropriate factor.

 

1832.1005  Contract clauses.   

   (a) If the contract is for launch services, the contracting officer shall delete paragraph (f) of the clause at FAR 52.232-32 in accordance with 1832.1009.

   (b)(2) Contracting officers shall not use Alternate I in competitive negotiated acquisitions under $50 million, unless approval has been obtained to use performance-based payments (see 1832.1001(a)(ii)).      

 

1832.1009  Title.

   In accordance with 42 U.S.C. 2465d, NASA shall not take title to launch vehicles under contracts for launch services unless one of the exceptions in the law applies.  However, the law does not eliminate NASA's right to take title to other property acquired or produced by the contractor under a contract containing a title provision.

 

Subpart 1832.11--Electronic Funds Transfer

 

1832.1110  Solicitation provision and contract clauses.   

   (a)(1) NASA does not use the Central Contractor Registration.  Use the clause at FAR 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration.

   (b)       In accordance with FAR 32.1106(b), the use of a nondomestic EFT mechanism is authorized.  When a nondomestic EFT mechanism is used, the contracting officer shall replace the paragraph at FAR 52.232-34(c) with a description of the EFT mechanism that will be used for the contract.

   (c) The payment office shall be the designated office for receipt of contractor EFT information for all NASA contracts.



PART 1833

PROTESTS, DISPUTES, AND APPEALS

      

TABLE OF CONTENTS

 

SUBPART      1833.1             PROTESTS

1833.103                                 Protests to the agency.

1833.104                                 Protests to GAO.

1833.106                                 Solicitation provision and contract clause.

1833.106-70                           Solicitation provision.

 

SUBPART     1833.2              DISPUTES AND APPEALS

1833.209                                 Suspected fraudulent claims.

1833.210                                Contracting officer’s authority.

1833.211                                 Contracting officer’s decision.

1833.215                                 Contract clause.

 

  

PART 1833

PROTESTS, DISPUTES, AND APPEALS

 

Subpart 1833.1--Protests

 

1833.103  Protests to the agency. 

   (c) An independent review under the provision at 1852.233-70 is available as an alternative to a protest to the contracting officer, but not as an appeal of a protest decision.  All independent reviews shall be conducted by the Deputy Assistant Administrator for Procurement or designee. Such reviews are different from the Ombudsman Program described at 1815.7001.

   (d)  NASA shall summarily dismiss and take no further action upon any protest to the Agency if the substance of the protest is pending in judicial proceedings or the protester has filed a protest on the same acquisition with the United States General Accounting Office prior to receipt of an Agency protest decision.     

       (4)  When a potential bidder or offeror submits an Agency protest to NASA to the contracting officer or alternatively requests an independent review, the decision of the contracting officer or the independent review official shall be final and is not subject to any appeal or reconsideration within NASA. 

   (f) Protests received at NASA offices or locations other than that of the cognizant contracting officer shall be immediately referred to the contracting officer for disposition (see 1833.106(a)).  The contracting officer shall advise the Headquarters Office of the General Counsel (Code GK) of the receipt of the protest and the planned and actual disposition.  This paragraph does not apply when the protester has requested an independent review under the provision at 1852.233-70.

 

1833.104  Protests to GAO.

   The Assistant Administrator for Procurement is the sole authority for deciding whether to defend a protest to GAO or to direct remedial action.  NASA per­son­nel shall take no action to respond to or resolve any protest filed with GAO other than in accordance with this part and other guidance provided by NASA Headquarters.

   (a)(2) The Headquarters Office of Pro­curement (Code HS) shall notify the con­tracting officer of protest receipt, and the contracting officer shall immediately give notice of the protest to all interested parties.  Oral contracting officer notices shall be subsequently confirmed in writing, and the contracting officer shall also send a copy of the written confir­mation to Code HS, the Head­quar­ters Office of the General Coun­sel (Code GK), and the instal­lation Chief Counsel.

   (3)(i)  The contracting officer shall send four copies of the protest report, consisting of the protest file, the contracting officer’s state­ment of facts, and a draft memoran­dum of law to Code GK within 20 days after GAO notifi­cation of protest receipt.  Also include a copy of the file index in electronic format.  The contracting officer shall retain a minimum of two copies of the protest file.         

       (ii) When an actual or prospective offeror requests access to a protest file, the contracting officer shall take the following actions, except (a) and (b) are not required if already accomplished:

            (a) Send a copy of the protest file index to Code GK within 10 days of receipt of the request.

            (b) Send a copy of the protest file to Code GK within 15 days of receipt of the request.

            (c)  With Code GK concurrence, send the protest file and index to the requesting party to ensure delivery within 20 days after receipt of the request.         

       (iv) Code GK shall submit the protest file to GAO.

   (4)(i)  Code GK shall provide copies of the report to the protestor(s), any intervenors, and the installation Chief Counsel.

   (b)(1) The Assistant Administrator for Procurement (Code HS) is the approval authority for contract award.

   (c)(1) The contracting officer shall consult Code HS before terminating a protested contract.

       (2)  The Assistant Administrator for Procurement (Code HS) is the approval authority for authorizing contract performance. 

   (f) The Agency may request GAO reconsi­deration of its decision within 10 days of issuance. If reconsideration is appropriate, the installation Chief Counsel shall forward a draft request for reconsideration, with any additional supporting documentation, to Code GK within 6 days of issuance of the GAO decision.

 

1833.106  Solicitation provision and contract clause. 

   (a) The contracting officer shall be the designated recipient of Agency protests in paragraph (a) of the provision at FAR 52.233-2.

 

1833.106-70  Solicitation provision.

   Contracting officers shall insert the provision at 1852.233-70 in all solicitations.

 

Subpart 1833.2--Disputes and Appeals

 

1833.209  Suspected fraudulent claims.



PART 1835

                               RESEARCH AND DEVELOPMENT CONTRACTING

 

TABLE OF CONTENTS

 

1835.003                   Policy.

1835.015                   Contracts for research with educational institutions and nonprofit

                                    organizations.

1835.016                   Broad agency announcements.

1835.016-70             Foreign participation under broad agency announcements  (BAAs).

1835.016-71             NASA Research Announcements.

1835.016-72             Foreign participation in NRA proposals.

1835.070                   NASA contract clauses and solicitation provision.

 

PART 1835

                               RESEARCH AND DEVELOPMENT CONTRACTING

 

1835.003  Policy.

   See NPG 5800.1, Grant and Cooperative Agreement Handbook, for policy regarding the use of grants and cooperative agreements.

 

1835.015  Contracts for research with educational institutions and nonprofit organizations.       

   (a)(1)(iv) The research contract shall include a requirement that the contractor obtain the contracting officer's approval when it plans to continue the research work during a continuous period in excess of 3 months without the participation of an approved principal investigator or project leader.

 

1835.016  Broad agency announcements.   

   (a)(i) The following forms of broad agen­cy announcements (BAAs) are authorized for use:

            (A) Announcements of Opportunity (see 1872).

            (B) NASA Research Announcements (see 1835.016-71).

            (C)  Other forms of announcements ap­proved by the Assistant Administrator for Procurement (Code HS).      

       (ii) Other program announcements, notic­es, and letters not authorized by para­graph (a)(i) of this section shall not be used to solicit propos­als that may result in contracts.

       (iii) Draft or final versions of any form of BAA that directly or substantially supports a program subject to NASA Procedures and Guidelines (NPG) 7120.5 shall not be released    unless --           

            (A) All applicable NPG 7120.5 required documentation (see 1804.7301(b)(2)(i)) is current and has been approved (e.g., Formulation Authorization Document, Program Commitment Agreement, Program Plan, or Project Plan); or

            (B) Authority to proceed without the required documentation has been granted by the Chair of the Governing Program Management Council or designee. 

   (c)  BAAs may not preclude the participation of any offer­or capable of satisfying the Government's needs unless a justification for other than full and open competition is approved under FAR 6.304.

 

1835.016-70  Foreign participation under broad agency announcements (BAAs).

   (a)  Policy.     

      (1) NASA seeks the broadest participation in response to broad agency announcements, including foreign proposals or proposals including foreign participation.  NASA’s policy is to conduct research with foreign entities on a cooperative, no-exchange-of-funds basis (see NPD 1360.2, Initiation and Development of International Cooperation in Space and Aeronautics Programs).  NASA does not normally fund foreign research proposals or foreign research efforts that are part of U.S. research proposals.  Rather, cooperative research efforts are implemented via international agreements between NASA and the spon­soring foreign agency or funding/sponsoring institution under which the parties agree to each bear the cost of discharging their respective responsibilities.

       (2) In accordance with the National Space Transportation Policy, use of a non-U.S. manufactured launch vehicle is permitted only on a no-exchange-of-funds basis.

       (3) NASA funding may not be used for subcontracted foreign research efforts.  The direct purchase of supplies and/or services, which do not constitute research, from non-U.S. sources by U.S. award recipients is permitted.

   (b)  Procedure.  When a foreign proposal or a U.S. proposal with foreign participation is received in response to a BAA, the NASA sponsoring office shall determine whether the proposal conforms to the no-exchange-of-funds policy in 1835.016-70(a).

       (1)  If the proposal conforms to the policy in 1835.016-70(a), the NASA sponsoring office shall evaluate the proposal and make selection in accordance with 1835.016-71(d).  In conjunction with the notification of successful foreign proposers, the NASA sponsoring office shall notify the Headquarters Office of External Relations, Code I.  Code I will negotiate the agreement with the sponsoring foreign agency or funding institution for the proposed participation.

       (2)  If the proposal does not conform to the policy in 1835.016-70(a), the NASA sponsoring office shall:

            (i)   Determine whether the proposal merits further consideration;

            (ii)  If further consideration is warranted, refer the proposal to Code I; and

            (iii) Complete the evaluation of the proposal.  However no notification of selection, whether tentative or final, shall be made without Code I approval.     

       (3) Notification to Code I required by paragraphs (b)(1) and (b)(2)(ii) of this section, shall address the items contained in 1872.504(c), and shall be coordinated through the Office of Procurement, Code HS.

 

1835.016-71  NASA Research Announcements.     

   (a)  Scope.  An NRA is used to announce research interests in support of NASA’s programs, and, after peer or scientific review using factors in the NRA, select proposals for funding.  Unlike an RFP containing a statement of work or specification to which offerors are to respond, an NRA provides for the sub­mission of competitive project ideas, con­ceived by the offerors, in one or more program areas of interest.  An NRA shall not be used when the requirement is sufficiently defined to specify an end product or service.

   (b)  Issuance.      

       (1) Before issuance, each field-generat­ed NRA shall be approved by the installa­tion director or designee, with the concurrence of the procure­­ment officer, and each Headquarters-generated NRA shall be approved by the cognizant Program Associate Administrator or designee, with the concurrence of the Headquarters Offices of General Counsel (Code GK) and Procurement (Code HS).  In addition, the issuing office shall obtain input from the cognizant offices responsible for matters of safety and mission assurance, occupational health, environmental protection, information technology, export control, and security.  Input shall also be obtained from the appropriate systems safety organization for NRA's that may involve potentially hazardous operations such as those related to flight and/or mission critical ground systems. The NRA approval authority shall designate the selection official.

       (2) The selection official shall assure that the NRA is synopsized prior to issuance in accordance with FAR 5.201.  The synopsis shall be brief, and the technical section describing the area of interest should not exceed 50 words.

       (3)  If a Headquarters-generated NRA may result in awards by a NASA field installation, the issuing office shall notify the installation procurement officer and provide a copy of the NRA.

       (4) The selecting official is responsible for the preparation and distribution of the NRA.

       (5)  NRAs normally shall remain open for at least 90 days. 

   (c)  Content.   The NRA shall consist of the following sections and items.  The entire package shall be provided in response to requests.     

       (1)  Cover.  The cover shall display:         

            (i)   "OMB Approval Number 2700-0087" in the upper right corner.

            (ii)  Title.

            (iii) "NASA Research Announcement Soliciting Research Proposals for the Peri­od Ending _            ".

            (iv) NRA number.

            (v)  Official address for the office issuing the NRA.

       (2) Summary and Supplemental Infor­mation.          

            (i)   The Summary and Supplemental Information should not exceed two pages and shall include:             

                  (A) Title and NRA number.

                  (B) The following statement concerning safety:

                  " Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment.  NASA's safety priority is to protect:  (1) the public, (2) astronauts and pilots, (3) the NASA workforce (including employees working under NASA award instruments), and (4) high-value equipment and property. 

                  (C) Introductory paragraphs describ­ing the purpose of the NRA and the period for receipt of proposals.

                  (D) Address for submitting proposals.

                  (E) Number of copies required.

                  (F) Selecting official's title.

                  (G) Names, addresses, and tele­phone num­bers for the technical and contracting points of contact.

                  (H) The following statement when the NRA is to be issued before funds are available:

                  "Funds are not currently available for awards under this NRA.  The Government's obligation to make award(s) is contingent upon the avail­ability of appropriated funds from which payment can be made and the receipt of pro­posals that NASA de­ter­mines are accept­able for award un­der this NRA."

            (ii) he Summary and Supplemental Information may include estimates of the amount of funds that will be avail­able and the number of anticipated awards.  A breakdown of the estimates by research area may also be shown.     

       (3) Technical Description.  The first page shall contain the NRA number and title at the top.  A brief description not exceeding two pages is preferable, but it should be detailed enough to enable ready comprehen­sion of the research areas of interest.  Speci­fications containing detailed state­ments of work should be avoid­ed.  Any program manage­ment information included must be limited to matters that are essential for proposal preparation.

       (4)  Instructions for Responding to NASA Research Announcements. The NRA shall contain instructions as stated in 1852.235-72 (see 1835.070(c)). 

   (d)  Receipt of proposals, evaluation, and selection.     

       (1) Proposals shall be protected as pro­vided in FAR 15.608, FAR 15.609, and 1815.609-70.

(2) Late propos­als and modifications shall be treated in accordance with 1815.208.

       (3) The selection decision shall be made following peer or scientific review of a proposal.  Peer or scientific review shall involve evaluation by an in-house special­ist, a specialist outside NASA, or both.  Evaluation by specialists outside NASA shall be conducted subject to the conditions in 1815.207.  After receipt of a proposal and before selection, scientific or engineering personnel shall communicate with an offeror only for the purpose of clarifica­tion (as defined in FAR 15.306), or to understand the meaning of some aspect of the proposal that is not clear, or to obtain confirmation or substantiation of a proposed approach, solution, or cost esti­mate.

       (4) Competitive range determinations shall not be made, and final proposal revisions shall not be requested.

       (5)  Part of a proposal may be selected unless the offeror requests other­wise.  In addition, changes to a selected proposal may be sought if  (i) the ideas or other aspects of the proposal on which selection is based are contained in the proposal as originally submitted, and are not intro­duced by the changes; and  (ii) the changes sought would not involve a material alter­ation to the requirements stated in the NRA.  Changes that would affect a proposal's selection shall not be sought.  When changes are desired, the selecting official may request revi­sions from the offeror or request the contracting officer to implement them during negotiations with the successful offeror(s). The changes shall not transfer information from one offeror's proposal to another offeror (see FAR 15.306(e).  When collaboration between offerors would improve proposed research programs, collaboration may be suggested to the offerors.

       (6) The basis for selection of a proposal shall be documented in a selection state­ment applying the evaluation factors in the NRA.  The selection statement represents the conclusions of the selecting official and must be self-contained.  It shall not incorpo­rate by reference the evaluations of the reviewers.



PART 1837

SERVICE CONTRACTING

 

TABLE OF CONTENTS

 

SUBPART      1837.1             SERVICE CONTRACTS  -- GENERAL

1837.101                                 Definitions.

1837.104                                 Personal services contracts.

1837.110                                 Solicitation provisions and contract clauses.

1837.110-70                            NASA solicitation provision and contract clauses.

1837.170                                 Pension portability.

 

SUBPART     1837.2              ADVISORY AND ASSISTANCE SERVICES

1837.203                                 Policy.

1837.204                                 Guidelines for determining availability of personnel.

 

 

PART 1837

SERVICE CONTRACTING

 

   Subpart 1837.1--Service Contracts--General

 

1837.101  Definitions.

   “Pension portability" means the recognition and continuation in a successor service contract of the predecessor service contract employees' pension rights and benefits.

 

1837.104  Personal services contracts. 

   (b) Section 203(c)(9) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473(c)(9)) authorizes NASA "to obtain services as authorized by Section 3109 of Title 5, United States Code." It is NASA policy to obtain the personal services of experts and consultants by appointment rather than by contract.  The policies, responsibilities, and procedures pertaining to the appointment of experts and consultants are in NPG 3300.1, Appointment of Personnel To/From NASA, Chapter 4, Employment of Experts and Consultants.

 

1837.110  Solicitation provisions and contract clauses.

 

1837.110-70  NASA solicitation provision and contract clauses. 

   (a) The contracting officer shall insert the clause at 1852.237-70, Emergency Evacuation Procedures, in solicitations and contracts for on-site support services where emergency evacuations of the NASA installation may occur, e.g., snow, hurricanes, tornadoes, earthquakes, or other emergencies.

   (b)  The contracting officer shall insert the clause at 1852.237-71, Pension Portability, in solicitations, contracts or negotiated contract modifications for additional work when the procurement officer makes the determination in 1837.170(a)(2).

   (c) The contracting officer shall insert the provision 1852.237-72, Identification of Uncompensated Overtime, in cost reimbursement contracts expected to exceed $1, 000,000.

 

1837.170  Pension portability. 

   (a) It is NASA's policy not to require pension portability in service contracts.  However, pension portability requirements may be included in solicitations, contracts, or contract modifications for additional work under the following conditions:

       (1)(i) There is a continuing need for the same or similar services for a minimum of five years (inclusive of options), and, if the contractor changes, a high percentage of the predecessor contractor's employees are expected to remain with the program; or

            (ii) The employees under a predecessor contract were covered by a portable pension plan, a follow-on contract or a contract consolidating existing services is awarded, and the total contract period covered by the plan covers a minimum of five years (including both the predecessor and successor contracts); and     

       (2)  The procurement officer determines in writing, with full supporting rationale, that such a requirement is in the Government's best interest.  The procurement officer shall maintain a record of all such determinations.  

   (b) When pension portability is required, the plan shall comply with the requirements of the clause at 1852.237-71, Pension Portability, (see 1837.110-70(b)), and the contract shall also include a clear description of the plan, including service, pay, liabilities, vesting, termination, and benefits from prior contracts.

 

Subpart 1837.2--Advisory and Assistance Services

 

1837.203  Policy.

   (c) Advisory and assistance services of individual experts and consultants shall normally be obtained by appointment rather than by contract (see NPG 3300.1, Appointment of Personnel To/From NASA, Chapter 4, Employment of Experts and Consultants).

 

1837.204  Guidelines for determining availability of personnel.

   (a)(i)  Outside peer review evaluators may be used to evaluate SBIR, STTR, NRA, AO, and unsolicited proposals without making the determination of non-availability.

       (ii) For all other actions, the NASA official one level above the NASA program official responsible for the evaluation shall make the determination, with the concurrence of the legal office.  The contracting officer shall ensure that a copy of the determination is in the contract file prior to issuance of a solicitation. 

   (b) The official designated in paragraph (a)(ii) of this section is responsible for the actions required in FAR 37.204(b).

   (c) The agreement shall be made by the program official responsible for the evaluation and the contracting officer.

   (e) The Assistant Administrator for Procurement (Code HS) is the approval authority for class determinations.  The class determination request shall include the assessment required by FAR 37.204(b).



major program cutbacks or expansions, changes in locations of major programs, and sizable new  acquisitions should be considered in the assessment.

   (b) A summary, including a negative summary, of the Center’s assessment shall be submitted by the procurement officer to the Headquarters Office of Procurement (Code HK) by not later than January 15 and June 15 of the fiscal year.  The summary shall include--

       (1)  A description of the change in work requirements or delegation pattern;

       (2)  The estimated duration of the impact;

       (3)  The results of discussions with affected DOD contract administration offices including agreement and disagreements on the predicted impact on DOD in terms of changes in manpower requirements or other costs; and

       (4)  Any other significant impact on DOD or NASA resources or contract performance risk.

 

1842.170  Assignment of NASA personnel at contractor plants. 

   (a)(1) NASA personnel normally shall not be assigned at or near a contractor's facility to perform any contract administration functions listed in FAR 42.302(a). Before such an assignment is made, a written request shall be forwarded to the cognizant program director for approval with the concurrence of the Assistant Administrator for Procurement (Code HS). The following supporting information shall be forwarded with the request to make the assignment:                   

            (i)    A statement of the special circumstances that necessitate the assignment.

            (ii)   The contract administration services to be performed.

            (iii)   A summary of any discussions held with the cognizant contract administration organization.

            (iv)  A staffing plan covering three years or such shorter period as may be appropriate.

       (2)  The provisions of this paragraph do not apply to NASA audit personnel assigned to the field installations, to NASA technical personnel covered by 1842.101 and paragraph (b) of this section, unless they are performing any contract administration functions listed in FAR 42.302(a), or to personnel assigned to contractors' plants on NASA or other Federal installations.

   (b)  NASA may assign technical personnel (such as quality assurance, reliability, or engineering representatives) to contractors' plants or laboratories to provide direct liaison with NASA and technical assistance and guidance to the contractor and DOD.  The duties and responsibilities of these  technical representatives shall be clearly defined and shall not conflict with, duplicate, or overlap with functions delegated to DOD personnel. NASA shall advise appropriate DOD and contractor organizations of the duties and responsibilities of NASA technical personnel.

   (c) When a NASA resident office, including any assigned technical personnel, and a DOD contract administration office are performing contract administration functions for NASA contracts at the same contractor's facility, the two offices shall execute a written agreement clearly establishing the relationship between the two organizations and the contractor.  The agreement should eliminate duplication in the performance of contract administration functions and minimize procedural misunderstandings between the two organizations.  Such agreements shall be consistent with existing delegations to the contract administration offices concerned and shall specify the relationship of NASA nonprocurement resident personnel to their DOD and contractor counterparts if such personnel will be involved in any aspect of contract administration.

 

Subpart 1842.2--Contract Administration Services

 

1842.202  Assignment of contract administration. 

   (b) Withholding normal functions.

       (i) The following functions are normally retained by the contracting office.

            (A)  Approval of the final voucher (FAR 42.302(a)(7)).

            (B)  Countersigning NASA Form 456, Notice of Contract Costs Suspended and/or Disapproved (FAR 42.302(a)(8)).

            (C)  Issuance of decisions under the disputes clause (FAR 42.302(a)(10)).

            (D)  Contract payment (FAR 42.302(a)(13)).

            (E)  Execution of supplemental agreements involving spare parts or other items selected through provisioning procedures.  However, delegation of the negotiation of supplemental agreements for spare parts and other items and forwarding for approval and signature of the NASA contracting officer is permitted (FAR 42.302(a)(22)). 

             (F)   Execution of supplemental agreements definitizing change orders (see FAR 42.302(b)(1)).        

            (G)  Issuing termination notices and executing supplemental agreements for settlement of termination for default or for convenience of the Government.  However, delegation of the negotiation of termination settlements and forwarding for approval and signature of the NASA contracting officer is permitted using NASA Form 1432 (FAR 42.302(a)(23)).

            (H)  Consent to placement of subcontracts under FAR 42.302(a)(51).  (See 1844.202-1(a)).

(d) Transmittal and documentation.  In addition to the instructions at FAR 42.202(d)(1) through (4), contracting officers shall --

       (i) Send delegations to DOD contract administration offices in accordance with the instructions in the DOD Directory of Contract Administration Services Components (DLAH 4105.4).

       (ii) At time of contract award, prepare and forward NASA Form 1430, Letter of Contract Administration Delegation, General, to the contract administration office.  NASA Form 1430A, Letter of Contract Administration, Special Instructions, will supplement the NASA Form 1430, to modify previously delegated functions and provide additional or particular information considered necessary to ensure clear understanding of all delegated functions.

       (iii) Forward NASA Form 1431, Letter of Acceptance of Contract Administration, with each NASA Form 1430 or 1430A.  Contracting officers shall use the returned NASA Form 1431 as contract file documentation that the delegation has been accepted, modified or rejected by the contract administration office and as a reference for points of contact for each of the functional areas delegated.

       (iv)  Use NASA Form 1433, Letter of Audit Delegation, to delegate the audit function and to amend previous delegations.  Distribute copies of the contract and NASA Form 1433 as follows:

            (A)  Audit office:  One copy of the contract and three NASA Forms 1433. When the Department of Health and Human Services is designated as the audit office, item 12 on NASA Form 1433 shall be marked "Not applicable."

            (B)  Contractor:  One NASA Form 1433.

            (C)  Cognizant NASA fiscal or financial management office:  One NASA Form 1433.

       (v) For contracts with the Canadian Commercial Corporation (CCC), audits are automatically arranged by the Department of Defense Production (Canada) (DDP) in accordance with agreements between NASA and DDP.  Audit reports are furnished to DDP.  Upon advice from DDP, CCC will certify the invoice and forward it with Standard Form 1034, Public Voucher, to the contracting officer for further processing and transmittal to the fiscal or financial management officer.


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 Office of the Headquarters Office of Management Systems and Facilities (Code JLG), 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.

   (a) Procedure.  Determination and findings (D&F) required under FAR 45.302-1(a)(4) and 1845.302-1(a)(4) shall be prepared by the contracting officer and approved by the procurement officer.  Prior to approval, concurrence must be obtained from the SEMO to ensure agreement on the use of the Government facilities by the contractor.  D&Fs shall address individual types of facilities to be provided to the contractor.  Reference to specific variations in quantities of items to be provided should be included in the D&F if additional requirements are anticipated.  A separate D&F is required before adding new types of items or significant changes in quantity or before adding any new work to the contract that requires additional Government facilities.

   (b)     Format.  A sample format follows:

(Format) 

National Aeronautics and Space

Administration

Washington, DC 20546

 

Determination and Findings

 

Decision to Provide Government Facilities

 

On the basis of the following findings and determinations, Government-owned facilities may be provided to    [insert the name of the contractor]    pursuant to the authority of FAR 45.302-1(a)(4).

 

Findings

 

1.  The    [insert the name of the contracting activity]    and the contractor (have entered)/(proposed to enter) into Contract No.    [insert the contract number]   . (Include the following information: Type of contract, contract value, and a brief description of the scope of work performed under the contract.)

 

2.  (Justify that Government facilities are needed for performance under the contract.  The justification shall demonstrate either (i) that the contract cannot be fulfilled by any other means, or (ii) that it is in the public interest to provide the facilities.  It is imperative that the justification be fully substantiated by evidence.)

 

3.  (If the contract effort cannot be fulfilled by any other means, indicate why the contractor cannot provide the facilities.  For example, due to financial constraints, the contractor has demonstrated inability to acquire the facilities; or, even though the contractor is willing and financially able to acquire these facilities for its own account, the contractor has stated that time will not permit making arrangements to obtain timely delivery to meet NASA requirements.  If timely delivery is the problem, state when the contractor will replace the Government facilities with contractor-owned facilities.  Address leadtime, validate the contractor's claims, and state that private financing was sought and either not available or not advantageous to the Government.  If private financing was not advantageous to the Government, provide justification.  Indicate other alternatives considered and reasons for rejection.)

 

4.  (Describe the types of facilities to be provided and any variation in quantities of items based on functional requirements.  Explain how these facilities pertain to the scope of work to be completed.  State that the contract cannot be accomplished without the specified facility items being provided.  Include an estimate of the value of the facilities and a statement that no facilities items under $10,000 unit cost will be provided unless the contractor is a nonprofit, on-site, or the facilities are only available from the Government.)

 

5.  (Indicate whether the property will be accountable under this contract or a separate facilities contract.)                      

 

Determination

 

For the reasons set forth above, it is hereby determined that the Government-owned facilities identified herein will be provided to the contractor.

                                                  

 

Procurement Officer                 Date

(End of format)

 

Subpart 1845.4--Contractor Use and Rental of Government Property

 

1845.402  Authorizing use of Government production and research property.

   (a)(i)  A NASA contracting officer desiring to authorize use of Government property under the cognizance of another contracting officer shall obtain that contracting officer's concurrence.

       (ii)  NASA contracting officers having cognizance over NASA property may authorize its use on contracts of other agencies if such use will not interfere with NASA's primary purpose for the property and will not extend beyond the expected expiration or completion date of the NASA contract.

 

1845.403  Rental--Use and Charges clause.

   (a) The Center Director is designated as the authority to make the determinations on modified rental rates.

 

1845.405  Contracts with foreign governments or international organizations.

 

1845.405-70  NASA procedures.

   (a) NASA policy is to recover a fair share of the cost of Government production and research property if such property is used in performing services or manufacturing articles for foreign countries or for international organizations.

   (b) The prior written approval of the Assistant Administrator for Procurement (Code H) is required for the use of Government production and research property on work for foreign countries or for international organizations.  The Logistics Management Office of the Headquarters Office of Management Systems (Code JG), the Office of General Counsel (Code G), and the Headquarters Office of External Relations (Code I) are required concurrences.

   (c) Contracting officers shall forward requests for approval to Code HS, along with a summary of the circumstances involved, including as a minimum --

       (1) The name of the requesting contractor;

       (2) The number of the contract under which the equipment is controlled;

       (3) A description of the equipment;

       (4) The name of the foreign contractor and the relationship of the foreign contractor to its government or to any international organization;

       (5) A description of the articles to be manufactured or services to be performed;

       (6) A statement that the intended use will not interfere with the current or foreseeable requirements of the United States or require use of the equipment beyond the expected expiration or completion date of the NASA contract;

       (7) A statement that the use of Government property is consistent with the best interests of the United States;

       (8) A statement that such use is legally authorized; and

       (9) Any evidence of endorsement by another agency of the U.S. Government based on national security or foreign policy of the United States  (e.g., an approved license or agreement from the Department of State or Department of Commerce).

   (d) Use, if approved, shall be subject to rent in accordance with FAR 45.403.

 

1845.406  Use of Government production and research property on independent research      and development programs.

 

1845.406-70  NASA policy.

   The contracting officer should not authorize contractor use of Government property for independent research and development on a rent-free basis except in unusual circumstances when it has been determined by the contracting officer that --

   (a) Such use is clearly in the best interests of the Government (for example, the project can reasonably be expected to be of value in specific Government programs); and

   (b)  No competitive advantage will accrue to the contractor through such use (see FAR 45.201).

 

1845.407  Non-Government use of plant equipment.

   For NASA, the coverage in FAR 45.407, applies to all equipment, not just plant equipment. 

   (a)(i)  The Assistant Administrator for Procurement (Code HS) is the approval authority for non-Government use of equipment exceeding 25 percent.

       (ii)  The percentage of Government and non-Government use shall be computed on the basis of time available for use.  For this purpose, the contractor's normal work schedule, as represented by scheduled production shift hours, shall be used.  All equipment having a unit acquisition cost of less than $25,000 at any single location may be averaged over a quarterly period.  Equipment having a unit acquisition cost of $25,000 or more shall be considered on an item-by-item basis.

       (iii) Approval for non-Government use of less than 25 percent shall be for a period not exceeding 1 year.  Approval for non-Government use in excess of 25 percent shall not be for less than 3 months.

       (iv) Requests for the approval shall be submitted to Code HS at least 6 weeks in advance of the projected use and shall include--

            (A)  The number of equipment items involved and their total acquisition cost; and

            (B)  An itemized listing of equipment having an acquisition cost of $25,000 or more, showing for each item the nomenclature, year of manufacture, and acquisition cost.

 

Subpart 1845.5--Management of Government Property in the Possession of Contractors

 

1845.502  Contractor responsibility.

 

1845.502-1  Receipts for Government property.

   Receipts for Government property shall comply with the instructions for preparing NASA Form 1018, NASA Property in the Custody of Contractors (see 1845.7101).

 

1845.502-70  Contractor-acquired property.

   All contractor-acquired property must be authorized by the contract and is subject to a determination by the contracting officer that it is allocable to the contract and reasonably necessary.  The acquisition (and fabrication) of Government property is further subject to the following conditions, depending on category of property:

   (a) Facilities.

       (1)  Prior contracting officer approval, if the facilities are not already specifically described in the contract as contractor-acquired.

       (2)  Submission of DD Form 1419, DOD Industrial Plant Requisition, or equivalent format, and return of Certificate of Nonavailability.

       (3) Submission of the written statement prescribed by FAR 45.302-1(a)(4).

   (b)  Special test equipment.

       (1)  Contracting officer approval 30 days in advance if the equipment is not identified in the solicitation or contract.

       (2)  Submission of DD Form 1419, or equivalent format, and return of Certificate of Nonavailability.

   (c) Special tooling.

       (1)  If the contract contains a Subcontracts clause, advance notification to the contracting officer and contracting officer consent if required by that clause.

       (2)  If the contract is a fixed-price contract, submission of the list to the contracting officer within 60 days after delivery of the first production end items (or later as prescribed by the contracting officer), unless the tooling is already identified in the solicitation.

       (3)  Submission of DD Form 1419 or equivalent format and return of Certificate of Nonavailability.

   (d) Material.  If the contract contains a Subcontracts clause, advance notification to the contracting officer and contracting officer consent if required by that clause.

   (e) Agency-peculiar property.

       (1)  If the contract contains a Subcontracts clause, advance notification to the contracting officer and contracting officer consent if required by that clause.