
97-86
Procurement Notice
CONFORMANCE WITH FEDERAL ACQUISITION
CIRCULAR (FAC) 2001-14 AND MISCELLANEOUS ADMINISTRATIVE AND EDITORIAL CHANGES
BACKGROUND: This PN revises the NASA FAR Supplement (NFS) to conform to changes made to the Federal Acquisition Regulation (FAR) by Federal Acquisition Circular 2001-14 and to make administrative and editorial changes needed to update the designated agency competition advocate, update and remove outdated references, add url citations, and clarify the term “NASA workforce” as used in the instruction for drafting an announcement of opportunity.
ACTION
REQUIRED BY CONTRACTING OFFICERS:
Use the revised clause 1852.246-72, Material Inspection and Receiving
Report, in all solicitations and contracts issued after August 1, 2003.
CLAUSE
CHANGES: Clause 1852.246-72,
Material Inspection and Receiving Report, is revised by updating a NFS
citation.
PARTS AFFECTED: Changes are made in Parts 1806, 1811, 1814, 1815, 1817, 1819, 1825, 1827, 1844, and 1852.
REPLACEMENT
PAGES: You may use the enclosed
pages to replace Structure page 5, Structure page 6, Structure page 7,
Structure page 8, 6:5, Part 1811, 14:1, 14:2, 15:25, 15:26, 17:3, 17:4, 19:7,
19:8, Part 1825, 27:9, 27:10, Part 1837, 44:3, 52:87, 52:88, 52-97, and 52-98
of the NFS.
TYPE OF RULE AND PUBLICATION DATE: The PN was published as a final in the Federal Register (68 FR 45168 - 45169) on August 1, 2003.
HEADQUARTERS CONTACT: Celeste Dalton, Code HK, (202) 358-1645, email: Celeste.M.Dalton@nasa.gov.
James A. Balinskas
Director, Contract Management Division
1825.3 Balance
of Payments Program
1825.4 Trade
Agreements
1825.6 Customs
and Duties
1825.9 Additional
Foreign Acquisition Clauses
1825.70 Foreign
Contracts
PART
1826 RESERVED
SUBCHAPTER E--GENERAL
CONTRACTING REQUIREMENTS
PART
1827 PATENTS,
DATA, AND COPYRIGHTS
1827.3 Patent
Rights Under Government Contracts
1827.4 Rights
in Data and Copyrights
1827.6 Foreign
License and Technical Assistance Agreements
PART
1828 BONDS AND
INSURANCE
1828.1 Bonds
1828.2 Sureties
1828.3 Insurance
PART
1829 TAXES
1829.1 General
1829.2 Federal
Excise Taxes
PART
1830 COST
ACCOUNTING STANDARDS
1830.2 CAS
Program Requirements
1830.70 Facilities
Capital Employed for Facilities in Use or for
Facilities Under Construction
PART
1831 CONTRACT
COST PRINCIPLES AND PROCEDURES
1831.2 Contracts
with Commercial Organizations
PART
1832 CONTRACT
FINANCING
1832.1 Non-Commercial
Item Purchase Financing
1832.2 Commercial
Item Purchase Financing
1832.4 Advance
Payments for Non-Commercial Items
1832.5 Progress
Payments Based on Costs
1832.7 Contract
Funding
1832.9 Prompt
Payment
1832.10
Performance-Based Payments
1832.11 Electronic
Funds Transfer
PART
1833 PROTESTS,
DISPUTES, AND APPEALS
1833.1 Protests
1833.2 Disputes
and Appeals
PART
1834 MAJOR SYSTEM
ACQUISITION
1834.0 General
PART
1835 RESEARCH AND
DEVELOPMENT CONTRACTING
PART
1836 CONSTRUCTION
AND ARCHITECT-ENGINEER CONTRACTS
1836.2 Special
Aspects of Contracting for Construction
1836.5 Contract
Clauses
1836.6 Architect-Engineer
Services
1836.7 Standard and
Optional Forms for Contracting for Construction,
Architect-Engineer
Services, and Dismantling, Demolition, or
Removal
of Improvements
PART
1837 SERVICE
CONTRACTING
1837.1 Service
Contracts--General
1837.2 Advisory
and Assistance Services
PART
1838 RESERVED
PART
1839 ACQUISITION
OF INFORMATION TECHNOLOGY
1839.1 General
PART
1840 RESERVED
PART
1841 ACQUISITION
OF UTILITY SERVICES
1841.2 Acquiring
Utility Services
1841.3 Requests
for Assistance
1841.4 Administration
1841.5 Solicitation
Provision and Contract Clauses
SUBCHAPTER
G--CONTRACT MANAGEMENT
PART
1842 CONTRACT
ADMINISTRATION
1842.1 Interagency
Contract Administration and Audit Services
1842.2 Assignment
of Contract Administration
1842.3 Contract
Administration Office Functions
1842.5 Postaward
Orientation
1842.7 Indirect
Cost Rates
1842.8 Disallowance
of Costs
1842.12 Novation
and Change-of-Name Agreements
1842.13 Suspension
of Work, Stop-Work Orders, and Government Delay of Work
1842.14 Traffic
and Transportation Management
1842.15 Contractor
Performance Information
1842.70 Additional
NASA Contract Clauses
1842.71 Submission
of Vouchers
1842.72 NASA
Contractor Financial Management Reporting
1842.73 Audit
Tracking and Resolution
1842.74 Earned
Value Management
PART
1843 CONTRACT
MODIFICATIONS
1843.2 Change
Orders
1843.70 Undefinitized
Contract Actions
1843.71 Shared
Savings
PART
1844 SUBCONTRACTING
POLICIES AND PROCEDURES
1844.2 Consent
to Subcontracts
1844.3 Contractors'
Purchasing Systems Reviews
PART
1845 GOVERNMENT
PROPERTY
1845.1 General
1845.3 Providing
Government Property to Contractors
1845.4 Contractor
Use and Rental of Government Property
1845.5 Management of
Government Property in the Possession of Contractors
1845.6 Reporting,
Redistribution, and Disposal of Contractor Inventory
1845.70 Reserved
1845.71 Forms
Preparation
1845.72 Contract
Property Management
PART
1846 QUALITY
ASSURANCE
1846.3 Contract
Clauses
1846.4 Government
Contract Quality Assurance
1846.6 Material
Inspection and Receiving Reports
1846.7 Warranties
PART
1847 TRANSPORTATION
1847.2 Contracts for
Transportation or for Transportation-Related Services
1847.3 Transportation
in Supply Contracts
1847.5 Ocean
Transportation by U.S.-Flag Vessels
1847.70 Protection
of the Florida Manatee
PART
1848 VALUE
ENGINEERING
1848.1 Policies
and Procedures
1848.2 Contract
Clauses
PART
1849 TERMINATION
OF CONTRACTS
1849.1 General
Principles
1849.5 Contract
Termination Clauses
PART 1850 EXTRAORDINARY CONTRACTUAL ACTIONS
1850.2 Delegation
of and Limitations on Exercise of Authority
1850.3 Contract
Adjustments
1850.4 Residual
Powers
PART
1851 USE OF
GOVERNMENT SOURCES BY CONTRACTORS
1851.1 Contractor
Use of Government Supply Sources
SUBCHAPTER
H--CLAUSES AND FORMS
PART
1852 SOLICITATION
PROVISIONS AND CONTRACT CLAUSES
1852.1 Instructions
for Using Provisions and Clauses
1852.2 Texts
of Provisions and Clauses
1852.3 Provision
and Clause Matrix
PART
1853 FORMS
1853.1 General
1853.2 Prescription
of Forms
1853.3 Illustrations
of Forms
SUBCHAPTER I--AGENCY
SUPPLEMENTARY REGULATIONS
PART
1870 RESERVED
PART
1871 MIDRANGE
PROCUREMENT PROCEDURES
1871.1 General
1871.2 Planning
and Requirements Process
1871.4 Request
for Offer (RFO)
1871.5 Award
1871.6 "Best
Value Selection"
PART 1872 ACQUISITIONS OF
INVESTIGATIONS
1872.1 The Investigation Acquisition System
1872.2 Applicability of the Process
1872.3 The Announcement of Opportunity
1872.4 Evaluation of Proposals
1872.5 The Selection Process
1872.6 Payload Formulation
1872.7 Acquisition and Other Considerations
1806.304-70 Approval of NASA justifications.
Concurrences and approvals for justifications of contract actions conducted in accordance with FAR Subparts 6.2 and 6.3 shall be obtained as follows:
(a) For proposed contracts over $500,000 but not exceeding $10,000,000 -
(1) Concurring official: Procurement Officer
(2) Approving official: Center or Headquarters Competition Advocate.
(b) For proposed contracts over $10,000,000 but not exceeding $50,000,000 -
(1) Concurring officials:
(i) Procurement Officer
(ii) Center or Headquarters Competition Advocate
(2) Approving official: Head of the contracting activity.
(c) For proposed contracts over $50,000,000 -
(1) Concurring officials:
(i) Procurement Officer
(ii) Center or Headquarters Competition Advocate
(iii) Head of the contracting activity.
(iv) Agency Competition Advocate
(2) Approving Official: Assistant Administrator for Procurement
(d) The approval authority of FAR 6.304(a)(3) may not be delegated to other than the installation's Deputy Director.
(e) For proposed contract actions requiring approval by the Assistant Administrator for Procurement, the original justification shall be forwarded to the Assistant Administrator for Procurement (Code HS).
(f) Regardless of dollar value, class justifications shall be approved by the Assistant Administrator for Procurement.
1806.501
Requirement.
(1) The Director,
Program Operations Division, Code HS, is the agency competition advocate,
reporting to the Assistant Administrator for Procurement on issues related to
competition of NASA acquisitions.
(2) The Center Deputy Directors or Associate Directors are the competition advocates for their contracting activities.
(3) The Headquarters Chief Financial Officer, Code CF, is the competition advocate for the Headquarters contracting activity.
1806.502
Duties and Responsibilities.
(b)(i) Center competition advocates shall submit annual reports to the agency competition advocate (Code HS) on or before November 30.
(ii) The agency competition advocate shall submit an annual agency report on or before January 31.
PART 1811
DESCRIBING AGENCY NEEDS
1811.002 Policy.
SUBPART 1811.1 SELECTING AND DEVELOPING
REQUIREMENTS
DOCUMENTS
1811.101 Order of
precedence for requirements documents.
1811.107 Solicitation provisions.
SUBPART 1811.4 DELIVERY OR PERFORMANCE SCHEDULES
1811.403 Supplies or services.
1811.403-70 Packaging, handling, and transportation
1811.404
Contract
clauses.
1811.404-70 NASA contract clauses
SUBPART 1811.5 LIQUIDATED
DAMAGES
1811.501 Policy.
SUBPART 1811.6 PRIORITIES
AND ALLOCATIONS
1811.600 Scope
of subpart.
1811.602 General.
1811.603 Procedures.
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).
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
1811.600
Scope of subpart.
The Defense Priorities and Allocations System
(15 CFR Part 700) may be viewed at http://www.doc-bxa.bmpcoe.org/dpas-docs/dpasreg.pdf.
1811.602
General.
(c) The Department of Defense is the "Delegate
Agency" for NASA. The Headquarters
Office of Procurement (Code HK) must coordinate with DOD, as necessary, to
ensure that any DOD requirements are met.
1811.603 Procedures.
(e)(i) Rated
orders may be used by NASA only as provided in Section 700.17 of the DPAS (15
CFR 700.17) and subject to the limitations provided in Section 700.18 of the
DPAS (15 CFR 700.18). Priority ratings
are assigned on individual contracts and purchase orders by the contracting
officer.
(ii) NASA rated orders may only be
assigned a DO rating, unless NASA has obtained a DX rating from the Department
of Defense.
(iii) The following program identification symbols may be used on NASA rated
contracts and purchase orders for equipment and services that support
authorized programs (see Schedule I
of the DPAS):
A1
- Aircraft
A2 -
Missiles
A3
- Ships
A5
- Weapons
A6
- Ammunition
A7
- Electronic and Communications
Equipment
B1
- Military Building Supplies
B8
- Production Equipment (For
Contractor's Account)
B9
- Production Equipment
(Government-Owned)
C2
- Construction
C3
- Maintenance, Repair, and Operating
Supplies for Facilities
C9
- Miscellaneous/Other
(g) Installation requests for assistance shall be directed to the Headquarters Office of Procurement (Code HK).
SEALED BIDDING
TABLE OF CONTENTS
SUBPART 1814.2 SOLICITATION
OF BIDS
1814.201 Preparation of invitations for bids.
1814.201-5
Part
IV--Representations and instructions.
1814.201-6 Solicitation
provisions.
1814.201-670 NASA
solicitation provisions.