97-76

Procurement Notice


         Procurement Notice

National Aeronautics and

Space Administration

Washington, DC 20546

   PN 97-76

 

August 6, 2002                                                                                         

 

SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM

AND

CONFORMANCE WITH FAC 01-07 AND MISCELLANEOUS ADMINISTRATIVE AND TECHNICAL CHANGES

 

BACKGROUND:

   ITEM I - This PN removes Research and Development in the Physical Engineering and Life Sciences (NAICS 54171), from the list of targeted industry categories (TICs) in Subpart 1819.10. The conversion from SIC to NAICS combined several stand-alone classification categories together.  The NAICS 54171 contains not only categories previously listed as TICs but also other categories, some of which are used in conjunction with the Small Business Innovative Research (SBIR) Program.  The deletion of this category will avoid any potential conflicts between the goals of the Competitiveness Demonstration Program and the SBIR Program.

  ITEM II - Item II of Federal Acquisition Circular (FAC) 01-07 removed Subpart 25.3, Balance of Payments Programs. This PN makes conforming changes to NFS Parts 1825 and 1852 as a result of FAC 01-07.  Additionally, this PN makes administrative changes in section 1804.670, Individual Procurement Action Report (NASA 507 series); removes redundant language in section 1804.7403, Procedures, regarding offeror registration in the Central Contractor Registration (CCR) database and contract award; and clarifies the prescription language for NFS provisions in 1813.302-570 and 1815.209-70, NASA solicitation provisions.   Finally, this rule makes technical corrections to organizational addresses and reference citations.

 

ACQUISITIONS AFFECTED BY CHANGES:

  ITEM I - Any new acquisitions subject to the requirements of FAR 19.10 and 1819.10.

  ITEM II - Non-commercial acquisitions within the Simplified Acquisition Threshold using the consolidated representations and certification provision at 1852.213-70, Offeror Representations and Certifications-Other Than Commercial Items.

 

ACTION REQUIRED BY CONTRACTING OFFICERS:

   ITEM I - None.

  ITEM II - (1) Contracting Officers shall follow the Individual Procurement Action Reporting (NASA Form 507 series) requirements and instructions contained in PIC 02-12 and any superceding PICs.

  (2) Solicitations issued after August 6, 2002, for non-commercial acquisitions within the Simplified Acquisition Threshold utilizing the consolidated representations and certification contained in the provision at 1852.213-70, Offeror Representations and Certifications-Other Than Commercial Items, must use the provision dated July 2002.

 

 

Clause/PROVISION Changes: 

  ITEM I - There are no clause or provision changes as a result of this PN.

  ITEM II - This PN revises the provision at 1852.213-70, Offeror Representations and Certifications-Other Than Commercial Items, by deleting the “Balance of Payments Program” throughout.

 

PARTS AFFECTED:  Changes are made in Parts 1804, 1813, 1815, 1819, 1825, and 1852.

 

REPLACEMENT PAGES:  You may use the enclosed pages to replace Part 1804, 13:3, 13:4, 15:5, 15:6, 19:7, 19:8, 25:1, 25:2, 52:9, 52:10, 52:10.1, 52:10.2, 52:10.3, 52:10.4, 52-91, and 52-92.

 

TYPE OF RULE AND PUBLICATION DATE:  This PN was published as a final rule in the Federal Register (67 FR 50823 - 50824) on August 6, 2002.

 

HEADQUARTERS CONTACTS:  ITEM I-Yolande Harden, Code HK, (202) 358-1279, e-mail: yharden@hq.nasa.gov; ITEM II-Celeste Dalton, Code HK, (202) 358-1645, email: cdalton@hq.nasa.gov.

 

 

 

R. Scott Thompson

Director, Contract Management Division

 

Enclosures


DISTRIBUTION:

  PN List

 

 

 

HK/cbo/x1248/8-16-02

DocName: a:/pn97-76.doc

 

 


PART 1804

ADMINISTRATIVE MATTERS

 

TABLE OF CONTENTS

 

SUBPART     1804.1           CONTRACT EXECUTION

1804.103                              Contract clause.

1804.170                              Contract effective date. 

 

SUBPART     1804.2          CONTRACT DISTRIBUTION

1804.202                              Agency distribution requirements.

1804.203                              Taxpayer identification information.

 

SUBPART     1804.4          SAFEGUARDING CLASSIFIED INFORMATION                     WITHIN  INDUSTRY

1804.402                              General.

1804.404-70                         Contract clause.

1804.470                               Security requirements for unclassified information technology

                                                 resources

1804.470-1                           Scope.

1804.470-2                           Policy.

1804.470-3                           Security plan for unclassified Federal Information Technology

                                                systems.

1804.470-4                           Contract clauses.

 

SUBPART     1804.5         ELECTRONIC COMMERCE IN CONTRACTING

1804.570                              NASA Acquisition Internet Service (NAIS).

1804.570-1                           General.

1804.570-2                           Electronic Posting System.

 

SUBPART     1804.6         CONTRACT REPORTING

1804.601                              Record requirements.

1804.602                              Federal Procurement Data System.

1804.670                              Individual Procurement Action Report  (NASA Form 507 series).

1804.671                              Committee on Academic Science and Engineering (C.A.S.E.)               Report.     

                                                              

SUBPART     1804.8         GOVERNMENT CONTRACT FILES

1804.802-70                         Handling of classified material.

1804.803                              Contents of contract files.

1804.803-70                         Checklist.

1804.804                               Closeout of contract files.

1804.804-2                            Closeout of the contracting office files if another office administers

                                                 the contract.

1804.804-5                           Procedures for closing out contract files.

1804.805                              Storage, handling, and disposal of contract files.

1804.805-70                         Review, separation, and retirement of contract files.

 

SUBPART      1804.9         TAXPAYER IDENTIFICATION  NUMBER

1804.904                              Reporting payment information to the IRS.

 

SUBPART     1804.70         TRANSFER OF CONTRACTING OFFICE

                                                RESPONSIBILITY

1804.7000                            Scope of subpart.

1804.7001                            Definition.

1804.7002                            Approval of Transfer Requests.

1804.7003                            Responsibilities of the contracting officer of the transferring

                                               installation.

1804.7003-1                         Coordinations.

1804.7003-2                         File inventory.

1804.7003-3                         Notifications.

1804.7003-4                         Transfer.

1804.7003-5                         Retention documentation.

1804.7004                            Responsibilities of the contracting officer of the receiving

                                               installation.

1804.7004-1                         Pre-transfer file review.

1804.7004-2                         Post-transfer actions.

 

SUBPART     1804.71         UNIFORM ACQUISITION INSTRUMENT

                                                IDENTIFICATION

1804.7100                            Scope of subpart.

1804.7101                            Policy.

1804.7102                             Prefixes.

1804.7103                            Serial numbers.

1804.7104                            Modifications of contracts or agreements.

 

SUBPART     1804.72          REVIEW AND APPROVAL OF CONTRACTUAL

                                                  INSTRUMENTS

1804.7200                            Contract review by Headquarters.

 

SUBPART     1804.73          PROCUREMENT REQUESTS

1804.7301                            General.

 

SUBPART     1804.74         CENTRAL CONTRACTOR REGISTRATION

1804.7400                           Scope.

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.  Federal policies include, but are not limited to, the Computer Security Act of 1987 (40 U.S.C. 1441 et seq.), the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.), Public Law 106-398, section 1061, Government Information Security Reform, OMB Circular A-130, Management of Federal Information Resources, and the National Institute of Standards and Technology security guidance and standards.

 

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;

          (5)  Document and follow a virus protection program for all IT resources under its control; and

          (6)  Document and follow a network intrusion detection and prevention program for all IT resources under its control.

   (c) The contractor must be required to develop and maintain an IT System Security Plan, in accordance with NPG 2810.1, for systems for which the contractor has primary operational responsibility on behalf of NASA.

   (d) The contracting officer must obtain the concurrence of the Center Chief of Security before granting any contractor requests for waiver of the screening requirement contained in the clause at 1852.204‑76.

 

1804.470-4  Contract clauses.

   The contracting officer must insert a clause substantially the same as the clause at 1852.204‑76, Security Requirements for Unclassified Information Technology Resources, in solicitations and contracts which require submission of an IT Security Plan.

 

Subpart 1804.5--Electronic Commerce in Contracting

 

1804.570  NASA Acquisition Internet Service  (NAIS).

 

1804.570-1  General.

   The NASA Acquisition Internet Service (NAIS) provides an electronic means for posting procurement synopses, solicitations, and associated  information on the NAIS Internet site which in turn, automatically posts relevant information onto the Governmentwide point of entry (GPE).

 

1804.570-2  Electronic Posting System.

  (a) The NAIS Electronic Posting System (EPS) enables the NASA procurement staff to --

          (1)  Electronically create and post synopses on the NAIS Internet site and the GPE; and

          (2)  Post solicitation documents, including solicitation amendments or cancellations, and other procurement information on the NAIS Internet site with linked references on the GPE.

   (b) The EPS maintains an on-line index linking the posted synopses and solicitations for viewing and downloading.

   (c) The EPS shall be used to --

          (1)  Create and post all synopses in accordance with FAR Part 5 and NFS 1805; and

          (2)  Post all competitive solicitation files, excluding large construction and other drawings, for acquisitions exceeding $25,000.

   (d) The NAIS is the official site for solicitation postings which in turn, automatically posts relevant information onto the Government-wide point of entry (GPE).  In the event supporting materials, such as program libraries, cannot be reasonably accommodated by the NAIS, Internet sites external to NAIS may be established after coordination with the contracting officer.  Such sites must be linked from the NAIS business opportunities index where the solicitation resides.  External sites should not duplicate any of the files residing on the NAIS.

 

Subpart 1804.6--Contract Reporting

 

1804.601  Record requirements.

   The Headquarters Office of Procurement (Code HC) is responsible for meeting the requirements of FAR 4.601, based on installation submission of Individual Procurement Action Reports (NASA Form 507 series) data.

 

1804.602  Federal Procurement Data System.

   (d)  Code HC is responsible for requesting, obtaining, and reporting Contractor Establishment Codes to the FPDS.

 

1804.670  Individual Procurement Action Report (NASA Form 507 series).

    The Individual Procurement Action Report and Supplements (NASA Form 507 series) provide essential procurement records and statistics through a single uniform reporting program as a basis for required recurring and special reports to Congress, Federal Procurement Data Center, and other Federal agencies. The preparation and utilization of the NASA Form 507 series are integral parts of the agencywide Financial and Contractual Status (FACS) system.  The Headquarters Office of Procurement issues Procurement Information Circulars (PICs) to --

   (a) Identify the procurement actions subject to reporting; and

   (b) Provide instructions on preparation of the NASA Forms 507.

 

1804.671  Committee on Academic Science and Engineering (C.A.S.E.) Report.

   NASA Form 1356, C.A.S.E. Report on College and University Projects, shall be prepared for awards to nonprofit institutions of higher education or to nonprofit institutions that are operationally affiliated or integrated with an educational institution.  Information on this form is used to produce reports required by the National Science Foundation and to respond to inquiries. Submission is required regardless of instrument type (contract, grant, cooperative agreement, or funded Space Act agreement) and type of proposal (solicited or unsolicited).  Instructions appear on the form itself and constitute the detailed guidance for preparation and submission.  The form, which is either included with the acquisition package or initiated by the contracting office, shall be completed, reviewed, and promptly forwarded upon award to the Headquarters Office of Human Resources and Education (Code FE).

 

Subpart 1804.8--Government Contract Files

 

1804.802-70  Handling of classified material.

   When a contract is unclassified, classified material relating to that contract shall be maintained in a separate file folder and container, and the unclassified folder shall be marked to indicate the location of the classified material.  The front and back of each folder containing classified material shall be marked with the highest classification assigned to any document in the folder.

 

1804.803  Contents of contract files.

 

1804.803-70  Checklist.

   NASA Form 1098, Checklist for Contract Award File Content, shall be used as the "top page" in contract files.

 

1804.804  Closeout of contract files.

 

1804.804-2  Closeout of the contracting office files if another office administers the           contract.

   (b)  Upon receiving  the NASA Form 1611 or DD Form 1594, Contract Completion Statement, from the contract administration office and complying with FAR 4.804-2(b), the contracting officer shall complete the form.

 

1804.804-5  Procedures for closing out contract files.

   (a)  When the contracting office retains contract administration (excluding acquisitions under the simplified acquisition threshold), the contracting officer must comply with FAR 4.804-5(a) by completing NASA Form 1612, Contract Closeout Checklist, and DD Form 1593, Contract Administration Completion Record.

   (b)  To comply with FAR 4.804-5(b), the contracting officer must complete NASA Form 1611 or DD Form 1594, Contract Completion Statement, except for acquisitions under the simplified acquisition threshold.

 

1804.805  Storage, handling, and disposal of contract files.

   (a)  See NPG 1441.1C, Records Retention Schedules.

 

1804.805-70  Review, separation, and retirement of contract files.

   (a)  Upon determination of contract completion under the procedures outlined in 1804.804, each office shall remove the official contract files from the active file series, mark each file folder with "Completed (Date)", and place the folder in a completed (inactive) contract file series.  Separate series should be established for contracts of $25,000 or less and for contracts of more than $25,000, to facilitate later disposal.  Any original or official file copies of documents contained in duplicate or "working" contract files shall be removed and placed in the appropriate official file; any remaining material in the duplicate or "working" file shall be destroyed immediately or segregated and marked for early disposal.

   (b)  Each office shall review contractor "general" files (i.e., a file containing documents relating generally to a contractor rather than a specific contract) at least once annually and remove documents that --

         (1)  Are obsolete or superseded documents relating generally to the contractor (e.g., documents no longer pertinent to any aspect of a contractor's current or future capability, performance, or programs, and documents relating to a contractor that is no longer a possible source of supplies, services, or technical assistance)  and dispose of the documents as authorized in 1804.805; or

         (2)  Pertain only to completed contracts.  Place those files that are not routine in nature in inactive files for later disposal, and immediately dispose of routine documents as authorized in NPG 1441.1C, Records Retention Schedules.

 

Subpart 1804.9--Taxpayer Identification Number Information

 

1804.904  Reporting payment information to the IRS.

   Each NASA installation, that has its own employer identification number, may elect to report to the IRS payments under purchase orders and contracts for merchandise and other exempt bills.

  

Subpart 1804.70--Transfer of Contracting Office Responsibility

1804.7000  Scope of subpart.

   This subpart contains policies and procedures applicable to the transfer of contracts between NASA installations.

 

1804.7001  Definition.

   "Transfer of a contract," as used in this subpart, means that process whereby a contract and all future responsibility for a contract held by one installation are transferred or reassigned in writing to another installation.

 

1804.7002  Approval of Transfer Requests.

   (a)  The approval authority for requests to transfer a contract is the official in charge of the cognizant Headquarters program office or designee.  Requests for approval shall be submitted by the director of the transferring installation after receiving the concurrence of the director of the receiving installation.  Concurrence of the Associate Deputy Administrator (Code AI) is also required for a transfer where an installation's roles and missions may be affected.

   (b)  Approval of a program transfer by the cognizant Headquarters official constitutes approval to transfer program-related contracts.

 

1804.7003  Responsibilities of the contracting officer of the transferring installation.

 

1804.7003-1  Coordinations.

   The contracting officer of the transferring installation shall take the following steps before transferring the contract:

   (a)  Agree on a plan and schedule with the contracting officer of the receiving installation for transferring contract responsibility and contract files.

   (b)  Coordinate with the following offices:

         (1)  Financial Management Office, to determine the contract financial records to be transferred and the method, timing, and dollar amount of such transfers.

         (2)  Technical (Engineering and Project) Office, to determine the status of any outstanding engineering changes.

         (3)  Reliability and Quality Assurance Office, to determine status and  method of transferring the reliability and quality assurance functions.

         (4)  Industrial Property and Facilities Office, to determine the method of transferring the Government property records.

         (5)  Transportation Office, to determine the status of bills of lading furnished the contractor.

         (6)  Security Office, to determine whether any classified material is outstanding and whether special precautions are necessary during the transfer process.

         (7)  Other organizational elements, to determine the status of any other actions such as new technology, materials reports, PERT, and safety.

 

1804.7003-2  File inventory.

   The contracting officer of the transferring installation shall prepare an inventory of the contract file.  This inventory shall also include a separate listing of all outstanding requests for contract administration assistance issued to other Government agencies, indicating the name and address of the agency office, functions requested to be performed, estimated cost of the services, and estimated reimbursement due the administration agency for the services yet to be performed for each requested function. Copies of this inventory shall be provided to the contracting officer of the receiving installation.

 

1804.7003-3  Notifications.

   The contracting officer of the transferring installation shall provide written notification of the planned transfer to the contractor and all agencies performing or requested to perform administration services.

 

1804.7003-4  Transfer.

   (a)  Upon completion of the actions described in 1804.7003-1 through 1804.7003-3, the contracting officer of the transferring installation shall issue a letter to the contractor, agencies performing contract administration functions, contracting officer representatives, and the contracting officer of the receiving installation.  This letter shall provide notification of the transfer date, termination of appointment of the contracting officer's representatives, and the name, mailing address, and telephone number of the contracting officer of the receiving installation.

   (b)  After issuing the letters described in 1804.7003-4(a), the contracting officer of the transferring installation shall send the contract file to the contracting officer of the receiving installation with a letter transferring contract responsibility.  This letter shall contain a provision for acceptance of the responsibility for the contract and its related files by the contracting officer of the receiving installation.

 

1804.7003-5  Retention documentation.

   The contracting officer of the transferring installation shall retain for permanent file a copy of the approvals and concurrences required by 1804.7002, the transfer acceptance letter of the contracting officer of the receiving installation, and any additional documents necessary for a complete summary of the transfer action.

 

1804.7004  Responsibilities of the contracting officer of the receiving installation.

 

1804.7004-1  Pre-transfer file review.

   The contracting officer of the receiving installation shall review the contract, letters of request, actions in process, and other related files and to request corrective action, if necessary, before the official transfer of the contract.  This review may be waived by written notification to the contracting officer of the transferring installation.

 

1804.7004-2  Post-transfer actions.

   The contracting officer of the receiving installation shall --

   (a)  Provide the contracting officer of the transferring installation written acceptance of contract responsibility and receipt of the contract files;

   (b)  Inform all offices affected within the installation of the receipt of the contract;

   (c)  Appoint new contracting officer's technical representatives, as necessary;

   (d)  Issue a contract modification to provide for the administrative changes resulting from the transfer action (e.g., identifying offices responsible for performing contract administration and making payment and the office to which vouchers, reports, and data are to be submitted);

   (e)  Provide copies of the contract documents to affected installation offices; and

   (f)  If appropriate, supplement the letter of request to the Government agency providing contract administration services to reflect the changes resulting from the transfer action.  The supplement may terminate or amend an existing contract administration support arrangement or may request support in additional areas.

 

Subpart 1804.71--Uniform Acquisition Instrument Identification

 

1804.7100  Scope of subpart.

   This subpart contains the procedures for uniform numbering of NASA solicitations, contracts (including letter contracts), purchase orders (including requests to other Government agencies), basic ordering agreements, other agreements between the parties involving the payment of appropriated funds or collection of funds for credit to the Treasury of the United States, and modifications or supplements to these instruments.

 

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. 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 shall 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, the contracting officer shall --

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

     (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.

   (c)  The contracting officer shall 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.


 

 


 

 

 


   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(g).

 

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 acquisition of commercial items as defined in FAR 2.101.           

       (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 a trade-off source selection process will be used, that is, factors in addition to technical acceptability and price will be considered.  (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.



each portion of the proposal.  Unless a different limitation is approved in writing by the procurement officer, the total initial proposal, excluding title pages, tables of content, and cost/price information, shall not exceed 500 pages using the page definition of 1815.204-70(a).  Firm page limitations shall also be established for final proposal revisions, if requested.  The appropriate page limitations for final proposal revisions should be determined by considering the complexity of the acquisition and the extent of any discussions.  The same page limitations shall apply to all offerors.  Pages submitted in excess of specified limitations will not be evaluated by the Government and will be returned to the offeror.

 

1815.207 Handling proposals and information.

 

1815.207-70 Release of proposal information.

   (a) NASA personnel participating in any way in the evaluation may not reveal any information concerning the evaluation to anyone not also participating, and then only to the extent that the information is required in connection with the evaluation.  When non-NASA personnel participate, they shall be instructed to observe these restrictions. 

   (b)(1) Except as provided in paragraph (b)(2) of this section, the procurement officer is the approval authority to disclose proposal information outside the Government.  If outside evaluators are involved, this authorization may be granted only after compliance with FAR 37.2 and 1837.204, except that the determination of unavailability of Government personnel required by FAR 37.2 is not required for disclosure of proposal information to JPL employees.

       (2) Proposal information in the following classes of proposals may be disclosed with the prior written approval of a NASA official one level above the NASA program official responsible for the overall conduct of the evaluation.  If outside evaluators are involved, the determination of unavailability of Government personnel required by FAR 37.2 is not required for disclosure in these instances.

            (i) Proposals submitted in response to broad agency announcements such as Announcements of Opportunity and NASA Research Announcements;

            (ii) Unsolicited proposals; and

            (iii) SBIR and STTR proposals.

       (3) If JPL personnel, in evaluating proposal information released to them by NASA, require assistance from non-JPL, non-Government evaluators, JPL must obtain written approval to release the information in accordance with paragraphs (b)(1) and (b)(2) of this section.

 

1815.207-71 Appointing non-Government evaluators as special Government employees.

   (a) Except as provided in paragraph (c) of this section, non-Government evaluators, except employees of JPL, shall be appointed as special Government employees.

   (b) Appointment as a special Government employee is a separate action from the approval required by paragraph 1815.207-70(b) and may be processed concurrently.  Appointment as a special Government employee shall be made by:

       (1) the NASA Headquarters personnel office when the release of proposal information is to be made by a NASA Headquarters office; or

       (2) the installation personnel office when the release of proposal information is to be made by the installation.

   (c) Non-Government evaluators need not be appointed as special Government employees when they evaluate:

       (1) Proposals submitted in response to broad agency announcements such as Announcements of Opportunity and NASA Research Announcements;

       (2) Unsolicited proposals; and

       (3) SBIR and STTR proposals.

 

1815.208 Submission, modification, revision, and withdrawal of proposals.

   (b) The FAR late proposal criteria do not apply to Announcements of Opportunity (see 1872.705-1 paragraph VII), NASA Research Announcements (see 1852.235-72), and Small Business Innovative Research (SBIR) Phase I and Phase II solicitations, and Small Business Technology Transfer (STTR) solicitations.  For these solicitations, proposals or proposal modifications received from qualified firms after the latest date specified for receipt may be considered if a significant reduction in cost to the Government is probable or if there are significant technical advantages, as compared with proposals previously received.  In such cases, the project office shall investigate the circumstances surrounding the late submission, evaluate its content, and submit written recommendations and findings to the selection official or a designee as to whether there is an advantage to the Government in considering it.  The selection official or a designee shall determine whether to consider the late submission.

 

1815.209 Solicitation provisions and contract clauses.

   (a) The contracting officer shall insert FAR 52.215-1 in all competitive negotiated solicitations.

 

1815.209-70 NASA solicitation provisions.

   (a) The contracting officer shall insert the provision at 1852.215-77, Preproposal/Pre-bid Conference, in competitive requests for proposals and invitations for bids where the Government intends to conduct a preproposal or pre-bid conference.  Insert the appropriate specific information relating to the conference.

  (b) When it is not in the Government’s best interest to make award for less than the specified quantities solicited for certain items or groupings of items, the contracting officer shall insert the provision at 1852.214-71, Grouping for Aggregate Award.  See 1814.201-670(b).

  (c) When award will be made only on the full quantities solicited, the contracting officer

shall insert the provision at 1852.214-72, Full Quantities.  See 1814.201-670(c).

   (d) The contracting officer shall insert the provision at 1852.215-81, Proposal Page Limitations, in all competitive requests for proposals.

 

Subpart 1815. 3--Source Selection

 

1815.300 Scope of subpart.

 

1815.300-70 Applicability of subpart.

   (a)(1) Except as indicated in paragraph (b) of this section, NASA competitive negotiated acquisitions shall be conducted as follows:

            (i) Acquisitions of $50 million or more -- in accordance with FAR 15. 3 and this subpart.

 



   (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

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 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 applies 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.



1852.213-70  Offeror Representations and Certifications–Other Than Commercial Items.

   As prescribed in 1813.302-570, insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—OTHER THAN COMMERCIAL ITEMS

(JULY 2002)

(a) Definitions.  As used in this provision--

  "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

   "Forced or indentured child labor" means all work or service--

       (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

       (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

   "Service-disabled veteran" means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

   "Service-disabled veteran-owned small business concern" means a small business concern--

       (1)  Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

       (2) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

   "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

   "Veteran-owned small business concern" means a small business concern--

       (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

       (2) The management and daily business operations of which are controlled by one or more veterans.

   "Women-owned small business concern" means a small business concern--

       (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

       (2) Whose management and daily business operations are controlled by one or more women.

   (b) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701).

       (1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

       (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationships with the Government (31 U.S.C. 7701(c)(3)).  If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

       (3) Taxpayer Identification Number (TIN).

            [   ] TIN: _____________________.

            [   ]  TIN has been applied for.

            [   ]  TIN is not required because:

                   [   ]  Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

                   [   ]  Offeror is an agency or instrumentality of a foreign government;

                   [   ] Offeror is an agency or instrumentality of the Federal Government.

       (4) Type of organization.

            [   ] Sole proprietorship;

            [   ] Partnership;

            [   ] Corporate entity (not tax-exempt);

            [   ] Corporate entity (tax-exempt);

            [   ] Government entity (Federal, State, or local);

            [   ] Foreign government;

            [   ] International organization per 26 CFR 1.6049-4;

            [   ] Other _________________________.

       (5) Common parent.

            [   ] Offeror is not owned or controlled by a common parent;

            [   ] Name and TIN of common parent:

                   Name ___________________.

                   TIN _____________________.

 

  (c) Offerors must complete the following representations when the resulting contract is to be performed inside the United States, its territories or possessions, Puerto Rico, the Trust Territory of the Pacific Islands, or the District of Columbia. Check all that apply.

       (1) Small business concern. The offeror represents as part of its offer that it [   ] is, [   ] is not a small business concern.

       (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [   ] is, [   ] is not a veteran-owned small business concern.

       (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [   ] is, [   ] is not a service-disabled veteran-owned small business concern.

       (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [   ] is, [   ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [   ] is, [   ] is not a women-owned small business concern.


       (6) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

            (i) [Complete only for solicitations indicated as being set-aside for emerging small

businesses in one of the four designated industry groups (DIGs).] The offeror represents as part of its offer that it [   ] is, [   ] is not an emerging small business.

            (ii) [Complete only for solicitations indicated as being for one of the targeted industry

categories (TICs) or four designated industry groups (DIGs).] Offeror represents as follows:

                   (A) Offeror's number of employees for the past 12 months (check the Employees

column if size standard stated in the solicitation is expressed in terms of number of employees); or

                   (B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

 

NUMBER OF EMPLOYEES

AVERAGE ANNUAL GROSS                 REVENUES

___ 50 or fewer

___ $1 million or less

___ 51-100

___ $1,000,001--$2 million

___ 101-250

___ $2,000,001--$3.5 million

___ 251-500

___ $3,500,001--$5 million

___ 501-750

___ $5,000,001--$10 million

___ 751-1000

___ $10,000,001--$17 million

___ Over 1000

___ Over $17 million

 

       (7)  HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that--

            (i) It [   ] is, [   ] is not a HUBZone small business concern listed, on the date of this

representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and

            (ii) It [   ] is, [   ] is not a joint venture that complies with the requirements of 13

CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________________________.]  Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

       (8) (Complete if dollar value of the resultant contract is expected to exceed $25,000 and the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) [The offeror shall check the category in which its ownership falls]:

____  Black American.

____  Hispanic American.

____  Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.

 

   (d) Representations required to implement provisions of Executive Order 11246—

       (1) Previous contracts and compliance. The offeror represents that--

            (i) It [   ] has, [   ] has not participated in a previous contract or subcontract subject

to the Equal Opportunity clause of this solicitation; and

             (ii) It [   ] has, [   ] has not filed all required compliance reports.

       (2) Affirmative Action Compliance.  The offeror represents that--

            (i) It [   ] has developed and has on file, [   ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Parts 60-1 and 60-2), or

            (ii) It [   ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

 

   (e) Buy American Act--Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Supplies, is included in this solicitation.)

       (1) The offeror certifies that each end product, except those listed in paragraph (e)(2) of this provision, is a domestic end product as defined in the clause of this solicitation entitled "Buy American Act--Supplies" and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

 

        (2) Foreign End Products:

 

LINE ITEM NO.

COUNTRY OF ORIGIN

___________________

_____________________

___________________

_____________________

___________________

_____________________

                                                [List as necessary]

 

       (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

   (f)(1) Buy American Act--North American Free Trade Agreement--Israeli Trade Act--Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act--North American Free Trade Agreement--Israeli Trade, is included in this solicitation.)

            (i)  The offeror certifies that each end product, except those listed in paragraph (f)(1)(ii) or (f)(1)(iii) of this provision, is a domestic end product as defined in the clause of this solicitation entitled "Buy American Act--North American Free Trade Agreement--Israeli Trade Act" and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

            (ii) The offeror certifies that the following supplies are NAFTA country end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act--North American Free Trade Agreement--Israeli Trade Act":

 

   NAFTA Country or Israeli End Products:

 

LINE ITEM NO.

COUNTRY OF ORIGIN

___________________

_____________________

___________________

_____________________

___________________

_____________________

                                                [List as necessary]

 

            (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (f)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act--North American Free Trade Agreement--Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

 

Other Foreign End Products:

 

LINE ITEM NO.

COUNTRY OF ORIGIN

___________________

_____________________

___________________

_____________________

___________________

_____________________

                                                [List as necessary]

  

       (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

       (2) Buy American Act--North American Free Trade Agreements--Israeli Trade Act--Certificate, Alternate I.  If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (f)(1)(ii) for paragraph (f)(1)(ii) of the basic provision:

            (f)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act--North American Free Trade Agreement--Israeli Trade Act":

 

Canadian End Products:

 

                                      Line Item No.

__________________________________________

__________________________________________

                                    (List as necessary)

  

       (3) Buy American Act--North American Free Trade Agreements--Israeli Trade Act--Certificate, Alternate II.  If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (f)(1)(ii) for paragraph (f)(1)(ii) of the basic provision:

            (f)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act--North American Free Trade Agreement--Israeli Trade Act":

 

Canadian or Israeli End Products:

 

LINE ITEM NO.

COUNTRY OF ORIGIN

___________________

_____________________

___________________

_____________________

___________________

_____________________

                                                               [List as necessary]

  

   (4)  Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

            (i)  The offeror certifies that each end product, except those listed in paragraph (f)(4)(ii) of this provision, is a U.S.-made, designated country, Caribbean Basin country, or NAFTA country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

            (ii) The offeror shall list as other end products those end products that are not U.S.-made, designated country, Caribbean Basin country, or NAFTA country end products.

 

Other End Products:

 

LINE ITEM NO.

COUNTRY OF ORIGIN

___________________

_____________________

___________________

_____________________

___________________

_____________________

                                           [List as necessary]

  

       (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items subject to the    Trade Agreements Act, the Government will evaluate offers of U.S.-made, designated country, Caribbean Basin country, or NAFTA country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made, designated country, Caribbean Basin country, or NAFTA country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

 

   (g) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (g)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at FAR 22.1503(b).]