97-85
Procurement Notice
July
22, 2003
GOVERNMENT-OWNED
CONTRACTOR-OPERATED VEHICLE FLEET MANAGEMENT AND REPORTING
BACKGROUND:
In Executive Order 13149,
“Greening the Government through Federal Fleet and Transportation Efficiency”,
section 505 requires Federal agencies to ensure that all Government-owned
contractor-operated vehicles comply with all applicable goals and other requirements
of the order. Section 302(c) requires
agencies to collect data and report on performance in meeting the goals of the
order, in accordance with requirements and guidance from the Department of
Energy. In July 2000, the Department of
Energy prepared the Guidance Document for Federal Agencies, as required by
Executive Order 13149. Section 2-3
requires agencies to report data on Government owned motor vehicle usage, using
DOE’s Federal Automotive Statistical Tool (FAST). FAST is accessed through http://fastweb.inel.gov/. Information required for FAST reporting must
be obtained from contractors who have been authorized to obtain vehicles and
related services pursuant to FAR paragraph 11.101(b)(1) and the new NFS
1811.101(b)(1) added under this interim rule.
ACQUISITIONS AFFECTED BY CHANGES: Contracts entailing operation of Government-owned vehicles.
ACTION REQUIRED BY CONTRACTING OFFICERS: Insert the clause at 1852.223-76, Federal Automotive Statistical Tool Reporting, in solicitations and contracts requiring contractor operation of Government-owned or –leased motor vehicles, including, but not limited to, interagency fleet management system (IFMS) vehicles authorized in accordance with FAR 51.2.
CLAUSE CHANGES: Clause 1852.223-76, Federal Automotive Statistical Tool Reporting, is added.
PARTS AFFECTED: Changes are made in Parts 1801, 1811, 1823, 1851, and 1852.
REPLACEMENT
PAGES: You may use the enclosed
pages to replace 1:3, 1:4, 1:5, 1:6, Part 1811, Part 1823, Part 1851, 52:1,
52:2, 52:3, 52:4, 52:30.3, 52:30.4, 52:30.5, 52-93, and 52-94 of the NFS.
TYPE OF RULE AND PUBLICATION DATE: The PN was published as an interim rule in the Federal Register (68 FR 43333 - 43334) on July 22, 2003.
HEADQUARTERS CONTACT: Patrick Flynn, Code HK, (202) 358-0460, email: Patrick.Flynn@nasa.gov.
James A. Balinskas
Director, Contract Management Division
|
NFS Segment |
OMB Control Number |
|
1804.470 |
2700-0098 |
|
1804.74 |
2700-0097 |
|
1819 |
2700-0073 |
|
1819.72 |
2700-0078 |
|
1823.271 |
2700-0106 |
|
1827 |
2700-0052 |
|
1831 |
2700-0080 |
|
1843 |
2700-0054 |
|
1843.71 |
2700-0094 |
|
NF 533 |
2700-0003 |
|
NF 1018 |
2700-0017 |
(2) Solicitations and contracts. Various requirements in a solicitation or contract, generally in the statement of work, are not tied to specific paragraphs cleared in paragraph (1) of this section, yet require information collection or recordkeeping. The following OMB control numbers apply to these requirements: 2700-0086 (acquisitions up to $25,000), 2700-0087 (solicitations that may result in bids or proposals not exceeding $500,000), 2700-0085 (solicitations that may result in bids or proposals exceeding $500,000), 2700-0088 (contracts not exceeding $500,000), and 2700-0089 (contracts exceeding $500,000).
Subpart 1801.2--Administration
1801.270
Amendment of the NFS.
(a) The NFS is amended by publishing changes in the Federal Register. These changes are then incorporated into the NASA-maintained Internet version of the NFS through
Procurement Notices (PNs). PNs are numbered consecutively, prefixed by the last two digits of the calendar year of issuance of the current edition of the NFS.
(b) Compliance with a revision to the NFS shall be in accordance with the PN containing the revision. Unless otherwise stated, solicitations that have been issued, and bilateral agreements for which negotiations have been completed, before the receipt of new or revised contract clauses need not be amended to include the new or revised clauses if including them would unduly delay the acquisition.
1801.271 NASA procedures for FAR and NFS changes.
(a) Informal suggestions for improving the NFS, including correction of errors, should be directed to the Headquarters Office of Procurement (Code HK).
(b)(1) Formal requests for changes to the FAR or the NFS should be written and contain (i) a description of the problem the suggested revision is designed to cure, (ii) the revision in the form of a marked-up copy of the current FAR or NFS language or the text of any additional language, (iii) the consequences of making no change and the benefits to be expected from a change, and (iv) any other information necessary for understanding the situation, such as relationship between FAR and NFS coverage, legal opinions, coordination with other offices, and existing agreements.
(2) Formal requests for FAR and NFS changes should be sent to Code HK. Requests from Headquarters offices should originate at the division level or higher, while installation requests should be signed at the procurement officer or higher level.
1801.272 Procurement Information Circulars.
(a) The Procurement Information Circular (PIC) is used for internal dissemination of procurement-related information and directives not suitable for inclusion in the NFS. Code HK is responsible for issuing PICs.
(b) PICs are numbered on a calendar year basis, beginning with number 1, prefixed by the last two digits of the year.
Subpart 1801.3--Agency Acquisition Regulations
1801.301 Policy.
(a)(2) Heads of NASA field installations may prescribe policies and procedures that do not have a significant effect beyond the internal operating procedures of their installations. All other policies, procedures, and solicitation and contract provisions and clauses must be forwarded to the Headquarters Office of Procurement (Code HK) for approval in accordance with 1801.271(b).
(b)(i) 41 U.S.C. 418b requires publication of NFS changes for public comment where there will be a significant effect beyond the internal operating procedures of the agency or a significant cost or administrative impact on contractors or offerors. However, it does not define "significant effect beyond the internal operating procedures" or "significant cost or administrative impact." Examples of policies or procedures that fall in either of these categories are:
(A) A contract clause requiring contractors to take precautions to avoid injury to Florida manatees, which have been designated as an endangered species, has a significant cost impact for contractors who must obtain protective devices for boat propellers and take other safety actions.
(B) A contract clause requiring contractors to follow the Government's holiday schedule, thereby disallowing premium pay for work on contractor-designated holidays, will have an effect outside the internal operating procedures of the agency.
(C) A contract clause requiring contractors to segregate costs by appropriations will affect the contractor's internal accounting system and have a significant impact.
(D) Requiring contractor compliance with NASA's Space Transportation System Personnel Reliability Program will have an effect outside the internal operating procedures of the agency.
(ii) In contrast, the following would not have to be publicized for public comment:
(A) Security procedures for identifying and badging contractor personnel to obtain access at a NASA installation.
(B) A one-time requirement in a construction contract for the contractor to develop a placement plan and for inspection prior to any concrete being placed. (This is part of the specification or statement of work.)
(C) A policy that requires the NASA installation to maintain copies of unsuccessful offers.
1801.303 Publication and codification.
(a) Part, subpart, and section numbers 70 through 89 are reserved for NFS supplementary material for which there is no FAR counterpart.
Subpart
1801.4--Deviations from the FAR
1801.400 Scope of subpart.
This subpart prescribes the policies and procedures for authorizing deviations from the FAR and the NFS.
1801.471
Procedure for requesting deviations.
(a) Requests for authority to deviate from the FAR or the NFS shall be submitted by the Procurement Officer to the Headquarters Office of Procurement (Code HS).
(b) Each request for a deviation shall contain, as a minimum --
(1) Identification of the FAR or the NFS requirement from which a deviation is sought;
(2) A full description of the deviation, the circumstances in which it will be used, and the specific contract action(s) to which it applies;
(3) A description of its intended effect;
(4) A statement as to whether the deviation has been requested previously and, if so, the circumstances of the previous request;
(5) Identification of the contractor(s) and the contract(s) affected, including dollar value(s);
(6) Detailed reasons supporting the request, including any pertinent background information; and
(7) A copy of counsel's concurrence or comments.
(c) In addition to the information required by 1801.471(b), requests for individual deviations from FAR cost principles under FAR 31.101 should include a copy of the contractor's request for cost allowance.
Subpart 1801.6--Career Development, Contracting Authority, and
Responsibilities
1801.601 General.
The authority to contract for authorized supplies and services is delegated to the Assistant Administrator for Procurement and installation officials by NPD 5101.32.
1801.602-3 Ratification of unauthorized
commitments.
(b) Policy. Individuals making unauthorized commitments may be subject to disciplinary action, and the issue may be referred to the Office of Inspector General.
(c)(7) The authority in FAR 1.602-3 may be exercised only when ‑‑
(A) The Government employee who made the unauthorized commitment, or his/her supervisor, if appropriate, initiates a procurement request in accordance with 1804.7301.
(B) The procurement request and/or accompanying documentation identifies the individual who made the unauthorized commitment, and includes a statement signed by the individual that explains why normal acquisition procedures were not followed, explains why the firm was selected, lists other sources considered, describes the work, and estimates or states the
agreed price. If the Government representative who made the unauthorized commitment is no longer available, appropriate program personnel shall provide the information described in this paragraph.
(C) The procurement request is submitted through the director of the cognizant program office at the contracting activity, or comparable official. In the procurement request, the director shall describe measures taken to prevent the recurrence of the unauthorized commitment.
1801.603 Selection, appointment, and termination
of appointment.
1801.603-2 Selection.
Normally, only GS-1102 and -1105 personnel with the proper training and experience may be appointed contracting officers and only when a valid organizational need can be demonstrated.
1801.670 Delegations to contracting officer's technical representatives (COTRs).
A COTR delegation may be made only by the contracting officer cognizant of that contract at the time the delegation is made. If the cognizant contracting officer is absent, the delegation letter may be signed by a warranted contracting officer at any level above the cognizant contracting officer. An individual COTR may have only the duties specifically identified in a written delegation to him or her by name (i.e., COTR duties may not be delegated to a position) and has no authority to exceed them. COTRs should be informed that they may be personally liable for unauthorized commitments. Contracting officer authority to sign or authorize contractual instruments shall not be delegated through a COTR designation or by any means other than a contracting officer warrant.
Subpart 1801.7--Determinations
and Findings
1801.707 Signatory authority.
Signatory authority for determinations and findings (D&Fs) is specified in the FAR or the NFS text for the associated subject matter. The Administrator may make any of the D&Fs that may be made by the Assistant Administrator for Procurement or by a contracting officer.
1801.770 Legal review.
Each D&F, including class D&Fs, shall be reviewed by counsel for form and legality before signature by the approving authority.
PART 1811
DESCRIBING AGENCY NEEDS
TABLE OF CONTENTS
1811.002 Policy.
SUBPART 1811.1 SELECTING AND DEVELOPING
REQUIREMENT
DOCUMENTS
1811.101 Order of
precedence for requirements documents.
1811.107 Solicitation
provisions.
SUBPART 1811.4
DELIVERY OR PERFORMANCE SCHEDULES
1811.403 Supplies
or services.
1811.403-70 Packaging,
handling, and transportation
1811.404 Contract
clauses.
1811.404-70 NASA
contract clauses
SUBPART 1811.5
LIQUIDATED DAMAGES
1811.501 Policy.
SUBPART 1811.6
PRIORITIES AND ALLOCATIONS
1811.602 General.
1811.603 Procedures.
PART 1811
DESCRIBING AGENCY
NEEDS
1811.002 Policy.
(b) Implementation of the Metric Conversion Act of
1975, as amended, must be in accordance with NPD 8010.2B, Use of the Metric System of Measurements in NASA
Programs.
Subpart 1811.1--Selecting and Developing Requirements Documents
1811.101 Order of precedence for requirements documents.
(a) Safeguards to ensure safety, security, and environmental protection must be included, as applicable, in requirements documents.
(b)(1)
Requirements for the use of energy efficient motor vehicles will be established
in accordance with NPG 6200.1, “NASA Transportation and General Traffic
Management”.
(b)(2)
Requirements for the use of environmentally preferable products will be
established in accordance with NPG 8830.1, “Affirmative Procurement Plan for
Environmentally Preferable Products.”
Requirements for the use of energy and water efficient products and the
use of renewable energy technology will be established in accordance with NPG
8570.1, “Energy Conservation Technologies and Practices.”
1811.107 Solicitation provisions.
(b) NASA
uses the categorical method to report its use of voluntary consensus
standards. Therefore, use of the
provisions at 52.211-7 is not required.
However, contracting officers must include in draft RFPs (DRFPs) the
information required by 1815.201(c)(6)(A).
Subpart 1811.4--Delivery
or Performance Schedules
1811.403 Supplies or services.
(a)(3)
Contract delivery or performance schedules must not be expressed in terms of
a notice of award. A notice of award as
a specific document, separate from the award document itself, is not a
contractual document and shall not be used as a reference point for contract
performance. See 1814.408 for additional information on notices of award.
1811.403-70 Packaging, handling, and transportation.
(a) NPG 6000.1E,
"Requirements for Packaging, Handling, and Transportation for Aeronautical
and Space Systems, Equipment, and Associated Components" provides guidance
for shipment of certain NASA items.
(b) Contracting officers, with the advice of the
requiring activity and the Center Transportation Officer, must include a
designation of each deliverable item, or groupings of deliverable items, as
Class I, II, III, or IV for the purposes of contractor compliance with the NPG.
1811.404 Contract clauses.
(a)(2) FAR 52.211-8, Time of Delivery, Alternates II and III, must
not be used in NASA contracts.
(3) FAR 52.211-9, Desired and Required Time of Delivery,
Alternates II and III, must not be used in NASA contracts.
1811.404-70 NASA contract clauses.
The clause
at 1852.211-70, Packaging, Handling, and Transportation, must be
included in solicitations for contracts for deliverable items, including
software, designated as Class I (mission essential), Class II (delicate or
sensitive), or Class III (requires special handling or monitoring).
Subpart 1811.5--Liquidated Damages
1811.501 Policy.
(d) The procurement officer must forward recommendations concerning remission of liquidated damages to the Headquarters Office of Procurement (Code HS).
Subpart
1811.6--Priorities
and Allocations
1811.602 General.
(c) The
Department of Defense is the "Delegate Agency" for NASA. The Headquarters Office of Procurement (Code
HK) must coordinate with DOD, as necessary, to ensure that any DOD requirements
are met.