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97-73

Procurement Notice

June 6, 2002                                                                                          

REPRESENTATIONS AND CERTIFICATIONS AND EVALUATION PROVISIONS FOR NON-COMMERCIAL SIMPLIFIED ACQUISITIONS

 

BACKGROUND:  Currently for commercial acquisitions, FAR provision 52.212-3, Offeror Representations and Certifications—Commercial Items, provides a consolidated set of representations and certifications.  No equivalent provision exists for non-commercial items.  This PN provides an equivalent provision, 1852.213-70 – Offeror Representations and Certifications—Other Than Commercial Items, for use with NASA’s non-commercial acquisitions within the simplified acquisition threshold (SAT).  This PN also incorporates a new provision 1852.213-71, Evaluation—Other Than Commercial Items, and a new section 1813.302-570, NASA solicitation provisions, which prescribes the use of the new provisions.  Additionally, this PN restores language in section 1816.405-276 which was inadvertently omitted in PN 97-71.    

 

ACQUISITIONS AFFECTED BY CHANGES:  All non-commercial solicitations within the simplified acquisition threshold.

 

ACTION REQUIRED BY CONTRACTING OFFICERS:  Solicitations for non-commercial acquisitions within the simplified acquisition threshold, issued after June 6, 2002, may include the new provision 1852.213-70 to obtain required representations and certifications; and the new provision 1852.213-71 to advise potential contractors how evaluation will be conducted when selection is based on other than technically acceptable low offer.

 

CLAUSE CHANGES:  This PN adds the following new provisions:

  (a) 1852.213-70, Offeror Representations and Certifications—Other Than Commercial Items, basic and Alternates I, II, and III;

  (b) 1852.213-71, Evaluation—Other Than Commercial Items.

 

PARTS AFFECTED:  Changes are made in Parts 1813, 1816, and 1852.

 

REPLACEMENT PAGES:  You may use the enclosed pages to replace Part 13, 16:11, 16:12, 16:13, 52:1, 52:2, 52:3, 52:4, 52:4.1, 52:9, 52:10 (added) 52:10.1 (added), 52:10.2 (added), 52:10.3 (added), 52:10.4 (added), 52:10.5 (added), 52:10.6 (added), 52:10.7 (added), 52:10.8 (added), 52-91, 52-92, 52-93, 52-94, 52-95, 52-96, 52-97, and 52-98.

 

TYPE OF RULE AND PUBLICATION DATE:  This PN was published as a final rule in the Federal Register (67 FR 38904 - 38908) on June 6, 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 1813

SIMPLIFIED ACQUISITION PROCEDURES

 

TABLE OF CONTENTS

 

1813.000                                 Scope of part.

1813.003                                 Policy.

 

SUBPART     1813.1              PROCEDURES

1813.106                                                              Soliciting competition, evaluation of quotations or offers, and

                                                  documentation.

1813.106-3                              Award and documentation.

 

SUBPART     1813.3             SIMPLIFIED ACQUISITION METHODS

1813.301                                 Governmentwide commercial purchase card.

1813.301-70                            Purchase card documentation.

1813.301-71                            Training.

1813.301-72                            Approving official.

1813.301-73                            Program officials.

1813.302                                 Purchase orders.

1813.302-1                              General.

1813.302-570                          NASA solicitation provisions.

1813.302-70                            Purchase orders under section 8(a) of the Small Business Act.

1813.303                                 Blanket Purchase Agreements (BPAs).

1813.303-3                              Preparation of BPAs.

1813.307                                 Forms.

 

 

PART 1813

SIMPLIFIED ACQUISITION PROCEDURES

 

1813.000 Scope of part.

   FAR Part 13 and 1813 do not apply to NASA Research Announcements (NRA) and Announcements of Opportunity (AO).  These acquisitions shall be conducted in accordance with the procedures in 1835.016-71 and 1872, respectively.  However, awards resulting from NRAs or AOs that are to be made as procurement instruments, can be made as either a contract or a purchase order.  When a purchase order is used, it must not exceed the simplified acquisition threshold and must include the appropriate clauses pertaining to data rights, key personnel requirements, and any other requirements determined necessary by the contracting officer.  Contracting officers must determine whether obtaining the contractor's acceptance of the order is necessary (see FAR 13.302-3(a)).

 

1813.003 Policy.

   (g)  Acquisitions under these simplified acquisition procedures shall be fixed-price, except as provided under the unpriced purchase order method in FAR 13.302-2.

 

Subpart 1813.1--Procedures

 

1813.106 Soliciting competition, evaluation of quotations or offers, award and documentation.

 

1813.106-3 Award and documentation.

   (b) (3) (ii)  For purchases up to $50,000, documentation shall be limited to a brief notation in the file indicating the rationale for selecting other than the lowest priced offer.

 

Subpart 1813.3--Simplified Acquisition Methods

 

1813.301 Governmentwide commercial purchase card.

   (a) The procurement officer or deputy procurement officer shall designate individual cardholders in accordance with center procedures, subject to the following limitations:      

       (i)    Personnel other than contracting officers may be designated as cardholders for micro-purchases and for individual orders under BPAs up to $5,000 (see 1813.303-3(a)(4)), provided they complete training adequate to ensure appropriate use of the purchase card.

        (ii)   The procurement officer's designation shall be in writing and shall specify the scope of the cardholder's authority.

       (iii)  The center shall establish and maintain administrative procedures and management controls required by the General Services Administration (GSA).  Purchases made with the Governmentwide commercial purchase card shall comply with the instructions and procedures issued by GSA as well as applicable parts of the FAR and NFS.

   (b)        The Governmentwide commercial purchase card may be used to order and pay for purchases under contracts established under FAR Part 8 procedures, up to the simplified acquisition threshold (except see paragraph  (a)(i) of this section for dollar limitations for personnel other than contracting officers).

   (c) The Governmentwide commercial purchase card may be used to order and pay for purchases in the circumstances described in FAR 13.301(c) up to the simplified acquisition threshold (except see  paragraph (a)(i) of this section for limitations for personnel other than contracting officers).  Except as authorized in paragraphs (b) and (c) of this section, the Governmentwide commercial purchase card may not be used for purchases in excess of $25,000. Purchases above the micro-purchase threshold shall comply with all applicable statutory and regulatory requirements, including the following:      

       (i)    Small business set-aside (see FAR 13.003(b)).

       (ii)   Representations and certifications. The applicable items from the provision at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, shall be obtained for commercial or noncommercial purchases. This information may be obtained orally from vendors.

       (iii)  Maximum practicable competition (see FAR 13.106-1).

       (iv)  Implementation of the applicable contract clauses. This requirement may be satisfied by forwarding a completed SF 1449, appropriately modified to reflect purchase card terms, to the awardee after placing the order via the card, provided that the awardee must be notified of, and agree to, the applicability of the SF 1449 clauses when the order is placed.

 

1813.301-70 Purchase card documentation.

   Documentation of purchases shall be minimized.  For transactions below the micro-purchase threshold, the card holder shall maintain a brief log of purchases and a file of monthly purchase card statements indicating whether item receipt has occurred. For purchases above the micro-purchase threshold, see 1813.106-3(b)(3)(ii).

 

1813.301-71 Training.

   All cardholders and approving officials must complete training prior to receiving a purchase card.  Training will address the responsibilities of the cardholder and approving official, prohibited purchases, purchase limitations, and sources of supply.

 

1813.301-72 Approving official.

   The approving official is the individual who reviews and approves a cardholder's monthly statement of purchases. The approving official shall be the cardholder's immediate or higher level supervisor; in no case shall cardholders approve their own statement of purchases. Unless center procedures otherwise provide for their designation, the procurement officer shall designate approving officials.

 

1813.301-73 Program officials.

   (a) The Langley Research Center, Office of Procurement (Code AG), is the agency program coordinator.

   (b) The procurement officer shall identify the center program coordinator and the center billing office point of contact, and provide their names to the agency program coordinator.

 

1813.302 Purchase orders.

 

1813.302-1 General.

   (a) See 1813.003(h).

 

1813.302-570  NASA solicitation provisions.

   (a)(1) The contracting officer may use the provision at 1852.213-70, Offeror Representations and Certifications—Other Than Commercial Items, in simplified acquisitions exceeding the mircro-purchase threshold that are for other than commercial items.  This provision shall not be used for acquisitions conducted under FAR 13.5.

       (2) This provision provides a single, consolidated list of certifications and representations for the acquisition of other than commercial items using simplified acquisition procedures and is attached to the solicitation for offerors to complete and return with their offer.

            (i) Use the provision with its Alternate I in solicitations for acquisitions that are for, or specify the use of recovered materials (see FAR 23.4). 

            (ii) Use the provision with its Alternate II in solicitations for the acquisition of research, studies, supplies, or services of the type normally acquired from higher education institutions (see FAR 26.3). 

            (iii) Use the provision with its Alternate III in solicitation which include the clause at FAR 52.227-14, Rights in Data—General (see FAR 27.404(d)(2) and 1827.404(d)).

   (b)     The contracting officer may insert a provision substantially the same as the provision at 1852.213-71, Evaluation—Other than Commercial Items, in solicitations using simplified acquisition procedures for other than commercial items when evaluation factors are to be included for evaluation and the selection will be based upon best value, rather than technically acceptable, low price.  (See FAR 13.106.)

 

1813.302-70 Purchase orders under section 8(a) of the Small Business Act.

   Purchase orders made using simplified acquisition procedures are authorized for 8(a) acquisitions under the simplified acquisition threshold.

 

1813.303 Blanket Purchase Agreements (BPAs)

 

1813.303-3 Preparation of BPAs.

   (a)(4)   Non-GS-1102 or -1105 personnel shall not be authorized to place individual orders under a BPA in an amount greater than $5,000.  For sole source orders above $2,500, a contracting officer’s determination is required in accordance with FAR 13.106-1(b)(1).

 

1813.307 Forms.

   (b) Installations may use locally prescribed forms.

   (c) Installations may use locally prescribed forms.

   (d) The SF 44 may be used for purchases of aviation fuel and oil of $10,000 or less.

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 1852

SOLICITATION PROVISIONS AND CONTRACT CLAUSES

 

TABLE OF CONTENTS

 

1852.000                                           Scope of part.

 

SUBPART               1852.1             INSTRUCTIONS FOR USING PROVISIONS AND

                                                            CLAUSES

1852.101                                           Using Part 52.

1852.103                                           Identification of provisions and clauses.

1852.103-70                                     Identification of modified provisions and clauses.

1852.104                                           Procedures for modifying and completing provisions and   clauses.

 

SUBPART               1852.2             TEXTS OF PROVISIONS AND CLAUSES

1852.203-70                                     Display of Inspector General Hotline Posters.

1852.204-74                                     Central Contractor Registration.

1852.204-75                                     Security Classification Requirements.

1852.204-76                                     Security Requirements for Unclassified  Information

                                                             Technology Resources.

1852.208-81                                     Restrictions on Printing and Duplicating.

1852.209-70                                     Product Removal from Qualified Products List.

1852.209-71                                     Limitation of Future Contracting.

1852.209-72                                     Composition of the Contractor.

1852.211-70                                     Packaging, Handling, and Transportation.

1852.213-70                                     Offeror Representations and Certifications–Other Than

                                                           Commercial Items.

1852.213-71                                     Evaluation–-Other Than Commercial Items.

1852.214-70                                     Caution to Offerors Furnishing Descriptive Literature.

1852.214-71                                     Grouping for Aggregate Award.

1852.214-72                                     Full Quantities.

1852.215-77                                     Preproposal/Pre-bid Conference.

1852.215-78                                     Make or Buy Program Requirements.

1852.215-79                                     Price Adjustment for "Make-or-Buy" Changes.

1852.215-81                                     Proposal Page Limitations.

1852.215-84                                     Ombudsman.

1852.216-73                                     Estimated Cost and Cost Sharing.

1852.216-74                                     Estimated Cost and Fixed Fee.

1852.216-75                                     Payment of Fixed Fee.

1852.216-76                                     Award Fee for Service Contracts.

1852.216-77                                     Award Fee for End Item Contracts.

1852.216-78                                     Firm Fixed Price.

1852.216-80                                     Task Ordering Procedure.

1852.216-81                                     Estimated Cost.

1852.216-83                                     Fixed Price Incentive.

1852.216-84                                     Estimated Cost and Incentive Fee.

1852.216-85                                     Estimated Cost and Award Fee.

1852.216-87                                     Submission of Vouchers for Payment.

1852.216-88                                     Performance Incentive.

1852.216-89                                     Assignment and Release Forms.

1852.217-70                                     Property Administration and Reporting.

1852.217-71                                      Phased Procurement Using Down-Selection Procedures.

1852.217-72                                      Phased Procurement Using Progressive Competition Down-

                                                            Selection Procedures.

1852.219-73                                     Small Business Subcontracting Plan.

1852.219-74                                     Use of Rural Area Small Businesses.

1852.219-75                                     Small Business Subcontracting Reporting.

1852.219-76                                     NASA 8 Percent Goal.

1852.219-77                                     NASA Mentor-Protégé Program.

1852.219-79                                     Mentor Requirements and Evaluation.

1852.223-70                                     Safety and Health.

1852.223-71                                     Frequency Authorization.

1852.223-72                                     Safety and Health (Short Form).

1852.223-73                                     Safety and Health Plan.

1852.223-74                                     Drug- and Alcohol-Free Workforce.

1852.223-75                                     Major Breach of Safety or Security.

1852.225-8                                       Duty-Free Entry of Space Articles.

1852.225-70                                     Export Licenses.

1852.227-11                                     Patent Rights--Retention by the Contractor (Short Form).

1852.227-14                                     Rights in Data--General.

1852.227-17                                     Rights in Data--Special Works.

1852.227-19                                     Commercial Computer Software--Restricted Rights.

1852.227-70                                     New Technology.

1852.227-71                                     Requests for Waiver of Rights to Inventions.

1852.227-72                                     Designation of New Technology Representative and Patent

  Representative.

1852.227-84                                     Patent Rights Clauses.

1852.227-85                                     Invention Reporting and Rights--Foreign.

1852.227-86                                     Commercial Computer Software--Licensing.

1852.227-87                                     Transfer of Technical Data Under Space Station

                                                            International Agreements.

1852.228-70                                     Aircraft Ground and Flight Risk.

1852.228-71                                     Aircraft Flight Risks.

1852.228-72                                     Cross-Waiver of Liability for Space Shuttle Services.

1852.228-73                                     Bid Bond.

1852.228-75                                     Minimum Insurance Coverage.

1852.228-76                                     Cross-Waiver of Liability for Space Station Activities.

1852.228-78                                     Cross-Waiver of Liability for NASA Expendable Launch                                                           Vehicle Launches.

1852.228-80                                     Insurance — Immunity From Tort Liability.

1852.228-81                                     Insurance — Partial Immunity From Tort Liability.

1852.228-82                                     Insurance — Total Immunity From Tort Liability.

1852.231-70                                     Precontract Costs.

1852.231-71                                     Determination of Compensation Reasonableness.

1852.232-70                                     NASA Modification of FAR 52.232-12.

1852.232-77                                     Limitation of Funds (Fixed-Price Contract).

1852.232-79                                     Payment for On-Site Preparatory Costs.

1852.232-81                                     Contract Funding.

1852.232-82                                     Submission of Requests for Progress Payments.

1852.233-70                                     Protests to NASA.

1852.235-70                                     Center for AeroSpace Information - Final Scientific and

                                                            Technical Reports.

1852.235-71                                     Key Personnel and Facilities.

1852.235-72                                     Instructions for Responding to NASA Research

                                                            Announcements.

1852.236-71                                     Additive or Deductive Items.

1852.236-72                                     Bids with Unit Prices.

1852.236-73                                     Hurricane Plan.

1852.236-74                                     Magnitude of Requirement.

1852.236-75                                     Partnering for Construction Contracts.

1852.237-70                                     Emergency Evacuation Procedures.

1852.237-71                                     Pension Portability.

1852.239-70                                     Alternate Delivery Points.

1852.241-70                                     Renewal of Contract.

1852.242-70                                     Technical Direction.

1852.242-71                                     Travel Outside of the United States.

1852.242-72                                     Observance of Legal Holidays.

1852.242-73                                     NASA Contractor Financial Management Reporting.

1852.242-74                                     Notice of Earned Value Management System.

1852.242-75                                     Earned Value Management System.

1852.242-76                                     Modified Cost Performance Report.

1852.242-77                                     Modified Cost Performance Report Plans.

1852.242-78                                     Emergency Medical Services and Evacuation.

1852.243-70                                     Engineering Change Proposals.

1852.243-71                                     Shared Savings.

1852.243-72                                     Equitable Adjustments.

1852.244-70                                     Geographic Participation in the Aerospace Program.

1852.245-70                                     Contractor Requests for Government-Owned Equipment.

1852.245-71                                     Installation-Accountable Government Property.

1852.245-72                                     Liability for Government Property Furnished for Repair or

  Other Services.

1852.245-73                                     Financial Reporting of NASA Property in the Custody of                                                                       Contractors.

1852.245-74                                     Contractor Accountable On-Site Government Property.

1852.245-75                                     Title to Equipment.

1852.245-76                                     List of Government-Furnished Property.

1852.245-77                                     List of Installation-Accountable Property and Services.

1852.245-79                                     Use of Government-Owned Property.

1852.245-80                                     Use of Government Production and Research Property on a

                                                            No-Charge Basis.

1852.246-70                                     Mission Critical Space System Personnel Reliability