97-90
Procurement Notice
October
31, 2003
CONFORMANCE WITH FEDERAL ACQUISITION CIRCULARS
2001-15
AND 2001-14
PURPOSE:
This PN revises the NASA FAR
Supplement (NFS) to conform to changes made to the Federal Acquisition
Regulation (FAR) by Federal Acquisition Circular (FAC) 2001-15 by providing
guidance to contracting officers for use of clause alternates to implement
environmental management system (EMS) requirements on NASA facilities and
removing the requirement for submission of SF 129, Solicitation Mailing List
Application. Additional changes are made to conform to the revised definition
of “United States” contained in FAC 2001-14 and to update the designated NASA
ombudsman.
BACKGROUND: Item I of FAC 2001-15 eliminated the SF 129,
Solicitation Mailing List Application and the need to maintain paper-based
sources of contractor information. As a result, a change to NFS Part 1805 is
required. FAC 2001-15, item number V,
Leadership in Environmental Management (E.O. 13148), requires insertion of
Alternates I or II to FAR clause 52.223-5, Pollution Prevention and
Right-to-Know Information, in certain contracts that provide for performance on
a Federal facility if an Environmental Management System (EMS) is being
implemented. NASA is implementing an
EMS. This PN implements FAC 2001-15
item number V by providing guidance on when to use the alternates. FAC 2001-14,
clarified the use of the term “United States.”
NFS section 1825.7001 is amended to remove the phrase “ its possessions,
and Puerto Rico” since it is no longer necessary based on the definition of
“United States” contained in FAR Part 25.
Lastly, this PN updates the designated NASA ombudsman.
ACQUISITIONS
AFFECTED BY CHANGES: New
solicitations and contracts.
ACTION
REQUIRED BY CONTRACTING OFFICERS:
52.223-5 Pollution Protection and
Rights-to-Know Information -- Use appropriate Alternate for facility operations
after consultation with center facility environmental office, if necessary.
1852.215-84 Ombudsman -- Use the revised
clause in all solicitations and contracts issued on or after October 21, 2003.
CLAUSE
CHANGES: Clause 1852.215-84 is
revised to update the designated NASA ombudsman.
PARTS AFFECTED: Changes are made in Parts 1805, 1823, 1825,
and 1852.
REPLACEMENT
PAGES: You may use the enclosed
pages to replace Part 1805, Part 1823, 25:3, 25:4, 52:11 through 52:14, 52-91,
and 52-92 of the NASA FAR Supplement.
TYPE OF RULE AND
PUBLICATION DATE: The PN was
published as a final rule in the Federal Register (68 FR 62022 - 62023) on
October 31, 2003.
HEADQUARTERS CONTACT: Celeste Dalton, Code HK, (202) 358-1645,
email: Celeste.M.Dalton@nasa.gov.
James A. Balinskas
PART 1805
PUBLICIZING CONTRACT ACTIONS
TABLE OF CONTENTS
SUBPART
1805.1 DISSEMINATION OF INFORMATION
1805.101 Methods of disseminating information.
SUBPART
1805.2 SYNOPSES OF PROPOSED CONTRACTS
1805.207 Preparation and transmittal of synopses.
1805.207-70 Synopses of Architect-Engineer Services and Federal
Information
Processing Resources.
SUBPART
1805.3 SYNOPSES OF CONTRACT AWARDS
1805.303 Announcement of contract awards.
1805.303-70 NASA Headquarters public announcement.
1805.303-71 Administrator’s notice of significant contract actions
(ANOSCAs).
SUBPART 1805.4
RELEASE OF INFORMATION
1805.402 General public.
1805.403 Requests from Members of Congress.
SUBPART 1805.5 PAID
ADVERTISEMENTS
1805.502 Authority.
PART 1805
PUBLICIZING CONTRACT ACTIONS
Subpart
1805.1--Dissemination of Information
1805.101
Methods of disseminating information.
(b)(4) For
NASA policy regarding paid advertisements, see 1805.502.
Subpart
1805.2--Synopses of Proposed Contracts
1805.207
Preparation and transmittal of synopses.
(a) Synopses
shall be transmitted in accordance with 1804.570.
1805.207-70 Synopses of Architect-Engineer Services and Federal Information Processing
Resources.
(a) Architect-Engineer Services.
(1) Each
notice publicizing the acquisition of architect-engineer services shall be
headed "C. Architect-Engineer Services."
(2) In
addition to meeting the requirements of FAR 5.207(c), the
project description shall--
(i) State the relative importance the Government
attaches to the significant evaluation criteria and the date by which responses
to the notice must be received, including submission of Standard Form 255,
Architect-Engineer and Related Services Questionnaire for Specific Project, if
required;
(ii) Describe any specialized qualifications, security classifications,
and limitations on eligibility for consideration;
(iii) Describe qualifications or
performance data required from architect-engineer firms; and
(iv) If the acquisition is to be set aside for small business, state
this fact, indicating the specific size standard to be used and requiring that
eligible responding firms submit a small business representation.
(3) Contracting
officers shall add at the end of the synopsis:
See Note 24. Provisions of Note 24 apply to this notice
except that (a) in the sentence beginning "Selection of firms for
negotiations," the fourth additional consideration listed is changed to
read: "(4) past experience, if any, of the firm with respect to
performance on contracts with NASA, other Government agencies, and private
industry;" and (b) in the last sentence, "National Aeronautics and
Space Administration" is substituted for "Department of
Defense."
(b) Federal Information Processing (FIP)
Resources.
(1) When
total requirement quantities are expected to satisfy the needs of only a single
field installation, each notice publicizing the acquisition of FIP resources
under an indefinite delivery/indefinite quantity contract or under a contract
that includes options for additional quantities of such resources shall include
the following:
The _____ (identify contracting activity) is the primary
delivery point for the items described in this synopsis. However, NASA may order delivery to the
following alternate locations:
____________________________________ (List other NASA installations and
their locations).
(2) When
the contemplated contract will authorize orders from locations other than the
awarding installation, the notice shall fully describe the ordering scope.
Subpart
1805.3--Synopses of Contract Awards
1805.303
Announcement of contract awards.
(a)(i) In lieu of the $3 million threshold cited
in FAR 5.303(a), NASA Headquarters public announcement is
required for award of contract actions that have a total anticipated value,
excluding
unexercised options, of $25 million or greater. This threshold applies to new awards, contract modifications, and
option exercises, but not to incremental funding or cost overrun modifications.
(A) For undefinitized contract actions, the
not-to-exceed (NTE) or ceiling price value is the face value.
(B) For indefinite delivery, time and
material, labor hour, and similar contracts, the estimated amount of the basic
contract is the face value. Individual
orders up to the face value shall not be announced regardless of value. However, after the face value is reached,
any subsequent modifications or orders of $25 million or greater must be
announced.
(ii) NASA Headquarters public announcement is
also required for award of a contract action with a value of less than $25
million if the contracting officer believes it to have Agency public
information implications.
(iii) Contractual instruments requiring
Headquarters public announcement shall not be distributed nor shall any source
outside NASA be notified of their status until the public announcement
procedures in 1805.303-70 have been completed.
1805.303-70 NASA Headquarters public announcement.
(a) For
those contract actions requiring Headquarters public announcement in accordance
with 1805.303, the contracting officer shall furnish a draft news release
including the following information, through the installation Public Affairs
Office, via facsimile transmission to the Headquarters Office of Public
Affairs, News and Imaging Branch (Code PM):
(1) A
brief description of the work, including identification of the program and
project;
(2) Identification of the contract
action as either a new contract or additional work or services under an
existing contract;
(3) Contract
type. For undefinitized contract
actions, identify the planned contract type of the definitized instrument;
(4) The
dollar amount authorized for the instant action and the estimated total cost of
the contract if this is different. For
undefinitized contract actions, indicate the NTE or ceiling price amount;
(5) Name
and address (including zip code) of the contractor;
(6) Principal
work performance locations;
(7) Names
and addresses of any unsuccessful offerors.
(b) The
information in paragraph (a) of this section shall be provided to Code PM
before transmitting a letter contract to a contractor for signature. For actions other than letter contracts, the
information should be transmitted to Code PM after contractor signature, if
applicable, no later than 48 hours before the planned award.
(c) For
contract actions requiring Headquarters approval in accordance with 1804.72, the
draft news release required by paragraph (a) of this section shall be provided
to the Headquarters Office of Procurement (Code HS) with the request for
approval. Code HS will forward the
information to Code PM after approval.
(d) Code
PM will advise the installation Public Affairs Office of the date public
announcement of the contract action will be made. Installations may proceed with award and local release of the
information no earlier than 4:00 P.M. ET of the date Code PM makes public
announcement. If earlier award is
considered appropriate, installations must request authorization from the
Assistant Administrator for Procurement (Code HS).
1805.303-71 Administrator’s notice of significant contract actions (ANOSCAs).
(a) In
addition to the public announcement requirements described in 1805.303-70,
contracting officers shall notify the Administrator of the following
significant actions at least five (5) workdays prior to planned public
announcement of the actions:
(1) Planned
contract award for competitive acquisitions of $25 million or more, including
all priced options.
(2) Planned
contract award of non-competitive awards and new work modifications of $100
million or more, including all priced options.
(3) Planned
award of other actions, to include cooperative agreements resulting from a
Cooperative Agreement Notice (CAN), at any dollar value thought to be of
significant interest to Headquarters.
(b) To
provide notification to the Administrator, the contracting officer shall send
the information listed in paragraphs (b)(1)-(10) of this section to the
Headquarters Office of Procurement (Code HS) via facsimile transmission
(202-358-4065). Immediately prior to
transmission, the contracting officer shall notify Code HS by telephone of the
impending transmission. In accordance
with FAR
3.104-5(c), the contracting officer shall
mark all pages that include source selection information with the legend
"SOURCE SELECTION INFORMATION - SEE FAR 3.104." The following information shall be sent:
(1) Title
and a brief nontechnical description of the work, including identification of
the program or project;
(2) Identification
of the contract action as either a new contract or additional supplies or
services under an existing contract;
(3) Contract
type (including whether a cost contract is completion or level-of-effort). For undefinitized contract actions, identify
the planned contract type of the definitized instrument;
(4) The
total contract value for the instant action including all priced options. Also include the Government's most probable
cost. For undefinitized contract
actions, indicate the NTE or ceiling price amount;
(5) The
name, address, and business size status of the prime contractor and each major
(over $1M) subcontractor;
(6) Small
business and small disadvantaged business subcontracting goals both in dollars
and percentage of the value of the action including all options;
(7) Principal
work performance locations;
(8) Brief
description of any unusual circumstances;
(9) The
names and telephone numbers of the contracting officer and project manager; and
(10) For competitive selections only,
provide on a separate attachment the names and addresses of all unsuccessful
offerors and a brief explanation of the general basis for the selection.
(c) The
field installation shall not proceed with any awards or announcements until
Code HS has advised that the Administrator has been notified of the proposed
action and the supporting information.
Once this advice is received from Code HS, the field installation shall
proceed with the public announcement procedures described in 1805.303-70.
Subpart
1805.4--Release of Information
1805.402
General public.
(1) Unless the head of the contracting
activity determines that disclosure would be prejudicial to the interests of
NASA, the following information on NASA acquisitions may be released:
(i) The names of firms invited to submit
offers, and
(ii)
The names of firms that attended any pre-bid or pre-proposal conferences.
(2) Other requests for information under the
Freedom of Information Act shall be processed in accordance with FAR 24.2 and 1824.2.
1805.403
Requests from Members of Congress.
(a) All
proposed replies to congressional inquiries shall be prepared and forwarded,
with full documentation, to the Headquarters Office of Legislative Affairs
(Code L) for approval and release.
Subpart
1805.5--Paid Advertisements
1805.502
Authority.
Use of paid advertisements for procurement purposes
(except CBD announcements) is not authorized in NASA.
TABLE OF
CONTENTS
SUBPART 1823.2 ENERGY AND WATER EFFICIENT AND
RENEWABLE ENERGY
1823.203 Energy-efficient
products.
1823.270 Federal
fleet and transportation efficiency.
1823.271 NASA
Solicitation provision and contract clause.
SUBPART
1823.3 HAZARDOUS
MATERIAL IDENTIFICATION AND
MATERIAL SAFETY DATA
1823.370
Acquisition of
potentially hazardous items from or through
another Government agency.
SUBPART 1823.4 USE OF RECOVERED MATERIALS
1823.404 Agency
affirmative procurement programs.
SUBPART
1823.5 DRUG-FREE WORKPLACE
1823.570 Drug-and
alcohol-free workforce.
1823.570-1
Scope.
1823.570-2
Definitions.
1823.570-3
Contract clause.
1823.570-4
Suspension of
payments, termination of contract, and
debarment and suspension actions.
SUBPART 1823.7 CONTRACTING
FOR ENVIRONMENTALLY
PREFERABLE PRODUCTS AND SERVICES
1823.703 Policy.
SUBPART 1823.10 FEDERAL
COMPLIANCE WITH RIGHT-TO-KNOW
LAWS AND POLLUTION PREVENTION
REQUIREMENTS
1823.1005 1823.1005 Contract clause.
SUBPART
1823.70 SAFETY AND
HEALTH
1823.7001 NASA
solicitation provisions and contract clauses.
SUBPART
1823.71 FREQUENCY
AUTHORIZATION
1823.7101
Contract clause.
1823.7102 Procedures.
PART 1823
ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES,
OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
Subpart 1823.2--Energy and Water Efficiency and Renewable Energy
1823.203
Energy-efficient products.
Responsibility, policy and procedures for NASA’s implementation of FAR
23.203, including cost-effectiveness, are described in NPG 8570.1, “Energy
Efficiency and Water Conservation Technologies and Practices.”
1823.270 Federal
fleet and transportation efficiency.
Responsibility, policy and procedures for
NASA’s implementation of Executive Order 13149, “Greening the Government
through Federal Fleet and Transportation Efficiency”, including
cost-effectiveness, are described in NPG 6200.1, “NASA Transportation and
General Traffic Management.”
1823.271 NASA
Solicitation provision and contract clause.
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.
Subpart 1823.3--Hazardous Material Identification
and Material Safety Data
1823.370 Acquisition
of potentially hazardous items from or through
another Government agency.
When acquiring supplies or services
from or through another Government agency (e.g., see FAR Part 8
and FAR Subpart 17.5), NASA shall request that agency to furnish NASA the
data required by FAR Subpart 23.3.
Subpart 1823.4--Use of Recovered Materials
1823.404
Agency affirmative procurement programs.
NASA’s affirmative procurement program is
described in the Affirmative Procurement Plan for Environmentally Preferable
Products (NPG 8830.1).
Subpart 1823.5--Drug-Free
Workplace
1823.570 Drug-and
alcohol-free workforce.
1823.570-1 Scope.
Sections 1823.570 to 1823.570-4 set
forth NASA requirements for mandatory drug and alcohol testing of certain
contractor personnel under section 203, National Aeronautics and Space Act of
1958, as amended, 42 U.S.C. 2473, 72 Stat. 429; and Civil Space Employee
Testing Act of 1991, Public Law 102-195, sec. 21, 105 Stat. 1616 to 1619.
1823.570-2 Definitions.
As used in this subpart employee
and controlled substance are as defined in FAR 23.503.
The use of a controlled substance in accordance with the terms of a valid prescription,
or other uses authorized by law shall not be subject to the requirements of
1823.570 to 1823.570-4 and the clause at 1852.223-74.
"Employee in a sensitive
position" means a contractor or subcontractor employee who has been
granted access to classified information; a contractor or subcontractor
employee in other positions that the contractor or subcontractor determines
could reasonably be expected to affect safety, security, National security, or
functions other than the foregoing requiring a high degree of trust and
confidence; and includes any employee performing in a position designated
"mission critical" pursuant to the clause at 1852.246-70. The
term also includes any applicant who is interviewed for a position described in
this paragraph.
"Use, in violation of
applicable law or Federal regulation, of alcohol" includes having,
while on duty or during a preemployment interview, an alcohol concentration of
0.04 percent by weight or more in the blood, as measured by chemical test of
the individual's breath or blood. An individual's refusal to submit to such
test is presumptive evidence of use, in violation of applicable law or Federal
regulation, of alcohol.
1823.570-3 Contract
clause.
The contracting officer shall
insert the clause at 1852.223-74, "Drug- and Alcohol-Free Workforce,"
in all solicitations and contracts containing the clause at 1852.246-70,
"Mission Critical Space Systems Personnel Reliability Program," and
in other solicitations and contracts exceeding $5 million in which work is
performed by an employee in a sensitive position. However, the contracting
officer shall not insert the clause at 1852.223-74 in solicitations and
contracts for commercial items (see FAR Parts 2 and 12).
1823.570-4 Suspension
of payments, termination of contract, and debarment and suspension
actions.
The contracting officer shall comply
with the procedures of FAR 23.506 regarding the suspension of contract
payments, the termination of the contract for default, and debarment and
suspension of a contractor relative to failure to comply with the clause
at 1852.223-74. Causes for suspension of contract payments, termination of
the contract for default, and debarment and suspension of the contractor are
the following:
(a) The contractor fails to comply with
paragraph (b), (c), or (d) of the clause at 1852.223-74; or
(b) Such a number of contractor employees in sensitive positions
having been convicted of violations of criminal drug statutes or substantial
evidence of drug or alcohol abuse or misuse occurring in the workplace, as to
indicate that the contractor has failed to make a good faith effort to provide
a drug- and alcohol-free workforce.
Subpart 1823.7--Contracting for Environmentally Preferable Products and
Services
1823.703
Policy.
Responsibility, policy and procedures for
NASA’s implementation of FAR 23.703 is described in NPG 8570.1, “Energy
Efficiency and Water Conservation Technologies and Practices”.
Subpart
1823.10--Federal Compliance with Right-to-Know Laws and Pollution
Prevention
Requirements
1823.1005 Contract clause.
(b) Use the clause with its Alternate I if
the contract provides for contractor –
(1) Operation or maintenance of a NASA
facility at which NASA has implemented or plans to implement an EMS, including,
but not limited to the Jet Propulsion Laboratory and Michoud Assembly Facility;
or
(2) Activities and operations –
(ii) The contracting officer and the
procurement request initiator shall determine whether the contractor’s
activities or operations are covered within the EMS, in cooperation with the
facility’s environmental office, and in accordance with NPG 8553.1, “NASA
Environmental Management System (EMS)” paragraph 1.2.c, and the local EMS
documented procedures.
(c) Use the clause with its Alternate II
whenever Alternate I is used.
Subpart 1823.70--Safety and Health
1823.7001 NASA solicitation provisions and
contract clauses.
(a) The clause at 1852.223-70,
Safety and Health, shall be included in all solicitations and contracts when
one or more of the following conditions exist:
(1) The work will
be conducted completely or partly on premises owned or controlled by the
Government.
(2) The work
includes construction, alteration, or repair of facilities in excess of the
simplified acquisition threshold.
(3) The work,
regardless of place of performance, involves hazards that could endanger the
public, astronauts and pilots, the NASA workforce (including contractor
employees working on NASA contracts), or high value equipment or property, and
the hazards are not adequately addressed by Occupational Safety and Health
Administration (OSHA) or Department of Transportation (DOT) regulations (if
applicable).
(4) When the
assessed risk and consequences of a failure to properly manage and control the
hazard(s) warrants use of the clause.
(b) The clause prescribed in paragraph (a) of
this section may be excluded, regardless of place of performance, when the
contracting officer, with the approval of the installation official(s)
responsible for matters of safety and occupational health, determines that the
application of OSHA and DOT regulations constitutes adequate safety and
occupational health protection.
(c) The
contracting officer shall insert the provision at 1852.223-73,
Safety and Health Plan, in solicitations containing the clause at 1852.223-70.
This provision may be modified to identify specific information that is to be
included in the plan. After receiving the concurrence of the center safety and
occupational health official(s), the contracting officer shall include the plan
in any resulting contract. Insert the
provision with its Alternate I, in Invitations for Bid containing the clause at
1852.223-70.
(d) The
contracting officer shall insert the clause at 1852.223-75,
Major Breach of Safety or Security, in all solicitations and contracts with
estimated values of $500,000 or more, unless
waived
at a level above the contracting officer with the concurrence of the project
manager and the installation official(s) responsible for matters of security,
export control, safety, and occupational health. For other contracts, use
of the clause is optional.
(e) For all solicitations and contracts
exceeding the micro-purchase threshold that do not include the clause at
1852.223-70, Safety and Health, the contracting officer shall insert the clause
at 1852.223-72, Safety and Health (Short Form).
Subpart 1823.71--Frequency
Authorization
1823.7101 Contract
clause.
The contracting officer shall
insert the clause at 1852.223-71, Frequency Authorization, in solicitations and
contracts calling for developing, producing, constructing, testing, or
operating a device for which a radio frequency authorization is required.
1823.7102 Procedures.
The contracting officer shall obtain the necessary frequency authorization
and other procedural details from the installation's spectrum manager.
coordinated with the center Chief Counsel. Procurement officers must maintain a record of each certification
and make this record available for periodic review by NASA Headquarters and the
U.S. Customs Service.
Subpart 1825.10--Additional Foreign Acquisition Regulations
1825.1001 Wavier of right to examination of records.
(b) The Administrator is the approval authority
for waivers. The contracting officer
must submit the waiver request, consisting of the determination and findings
prescribed in FAR 25.1001(b) and any relevant supporting information, to the
Headquarters Office of Procurement (Code HS).
1825.1002 Use of foreign currency.
The NASA
Headquarters Comptroller (Code B) is the designated official for making the
determination of the feasibility of using excess or near-excess currency.
Subpart 1825.11--Solicitation
Provisions and Contract Clause
1825.1101 Acquisition of supplies.
(c)(1) NASA has determined that the restrictions of
the Buy American Act are not applicable to U.S.-made end products.
(e) The contracting officer must add paragraph (k)
as set forth in 1852.225-8, Duty-Free Entry of Space Articles, in
solicitations and contracts when the supplies that will be accorded duty-free
entry are identifiable before award.
Insert the supplies determined in accordance with FAR Subpart 25.9 and
1825.903.
1825.1103 Other provisions and clauses.
1825.1103-70
Export control.
(a) Background.
(1) NASA contractors and
subcontractors are subject to U.S. export control laws and regulations,
including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts
120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts
730 through 799. The contractor is
responsible for obtaining the appropriate licenses or other approvals from the
Department of State or the Department of Commerce when it exports hardware,
technical data, or software, or provides technical assistance to a foreign
destination or "foreign person", as defined in 22 CFR 120.16, and
there are no applicable or available exemptions/exceptions to the ITAR/ EAR,
respectively. A person who is lawfully
admitted for permanent residence in the United States is not a "foreign person".
(See 22 CFR 120.16 and 15 CFR 734.2(b)(2)(ii).)
(2) The exemption at 22 CFR 125.4(b)(3) of the
ITAR provides that a contractor may export technical data without a license if
the contract between the agency and the exporter provides for the export of the
data. The clause at 1852.225-70, Alternate I, provides contractual authority for
the exemption, but the exemption is available only after the contracting
officer, or designated representative, provides written authorization or
direction enabling its use. It is NASA
policy that the exemption at 22 CFR 125.4(b)(3) may only be used when technical
data (including software) is exchanged with a NASA foreign partner pursuant to
the terms of an international agreement in furtherance of an international
collaborative effort. The contracting
officer must obtain the approval of the Center Export Administrator before
granting the contractor the authority to use this
exemption.
(b) Contract clause. Insert the clause at
1852.225-70, Export Licenses, in all solicitations and contracts, except in
contracts with foreign entities. Insert
the clause with its Alternate I when the NASA project office indicates that
technical data (including software) is to be exchanged by the contractor with a
NASA foreign partner pursuant to an international agreement.
Subpart 1825.70--Foreign
Contract and International Agreement Clearances
1825.7000 Scope of subpart.
This
subpart prescribes policy and procedures for pre-award clearance of foreign contracts, and for coordination of international
agreements that contemplate award of contracts using appropriated funds.
1825.7001 Definition.
"Foreign contract acquisition”, as used in this subpart, means the acquisition by
negotiation of supplies or services, including construction work and research
and development when the work is to be performed outside the United States by a
foreign government or instrumentality thereof or by a foreign private
contractor. The term does not include
--
(a) Negotiation of contracts with domestic
concerns involving work to be performed outside the United States; or
(b) Contracts with the Canadian Commercial
Corporation.
1825.7002 Foreign
Contracts.
(a) Policy. Following the procedure in paragraph (b) of this section, the
Acquisition Team must coordinate with Headquarters before initiating any
foreign contract acquisition if the acquisition is valued above $100,000 or
involves export control issues. An
acquisition involves export control issues if it entails --
(1) Importing or exporting goods or technical data
from or to a country listed in 22 CFR 126.1(a) or (d) (Subchapter M, the
International Traffic in Arms Regulations)
(http://www.pmdtc.org/reference.htm#ITAR):
(2) Importing or exporting Defense Articles or
Defense Services on the United States Munitions List at 22 CFR Part 121 which
would require NASA to obtain a license from the State Department's Office of
Defense Trade Controls;
(3) Exporting goods or technical data on the
Commerce Control List at 15 CFR Part 744 and that require NASA to obtain either
a Special or an Individual Validated License;
(4) Importing and/or exporting goods or technical
data from or to an entity listed in 15 CFR Part 740, Supplements 1, Country
Group D; or
(5) Exporting and/or importing of goods,
technology, or services to or from any entity subject to transaction control,
embargo, or sanctions pursuant to 31 CFR Chapter V.
(b) Procedure.
1852.215-77 Preproposal/Pre-bid Conference.
As prescribed in 1815.209-70(a), insert the
following provision:
PREPROPOSAL/PRE-BID
CONFERENCE
(DECEMBER 1988)
(a) A preproposal/pre-bid conference will be
held as indicated below:
Date:
Time:
Location:
Other Information, as applicable:
[Insert the applicable conference
information.]
(b) Attendance at the preproposal/pre-bid
conference is recommended; however, attendance is neither required nor a
prerequisite for proposal/bid submission and will not be considered in the
evaluation.
(End of provision)
1852.215-78 Make or Buy Program
Requirements.
As prescribed in 1815.408-70(a), insert the
following provision:
MAKE OR BUY
PROGRAM REQUIREMENTS
(FEBRUARY 1998)
The offeror shall submit a Make-or-Buy
Program in accordance with the requirements of Federal Acquisition Regulation
(FAR) 15.407-2. The offeror shall
include the following supporting documentation with its proposal:
(a) A description of each major item or work
effort.
(b) Categorization of each major item or work
effort as "must make," "must buy," or "can either make
or buy."
(c) For each item or work effort categorized
as "can either make or buy," a proposal either to "make" or
"buy."
(d) Reasons for (i) categorizing items and
work effort as "must make" or "must buy" and (ii) proposing
to "make" or "buy" those categorized as "can either
make or buy." The reasons must
include the consideration given to the applicable evaluation factors described
in the solicitation and be in sufficient detail to permit the Contracting
Officer to evaluate the categorization and proposal.
(e) Designation of the offeror's plant or
division proposed to make each item or perform each work effort and a statement
as to whether the existing or proposed new facility is in or near a labor
surplus area.
(f) Identification of proposed
subcontractors, if known, and their location and size status.
(g) Any recommendations to defer make-or-buy
decisions when categorization of some items or work efforts is impracticable at
the time of submission.
(End of
provision)
1852.215-79 Price Adjustment for
"Make-or-Buy" Changes.
As prescribed in 1815.408-70(b), insert the
following clause:
PRICE
ADJUSTMENT FOR "MAKE-OR-BUY" CHANGES
(DECEMBER 1988)
The following make-or-buy items are subject
to the provisions of paragraph (d) of the clause at FAR 52.215-21, Change or
Additions to Make-or-Buy Program, of this contract:
|
ITEM
DESCRIPTION
|
MAKE-OR-BUY
DETERMINATION
|
|
|
|
|
|
|
(End of clause)
1852.215-81 Proposal Page Limitations.
As prescribed in 1815.209-70(d), insert the
following provision:
PROPOSAL PAGE
LIMITATIONS
(FEBRUARY 1998)
(a) The following page limitations are
established for each portion of the proposal submitted in response to this
solicitation.
Proposal Section
(List each volume or section)
|
Page Limit
(Specify limit)
|
|
|
|
|
|
|
|
|
|
|
|
|
(b) A page is defined as one side of a sheet,
8 1/2" x 11", with at least one inch margins on all sides, using not
smaller than 12 point type. Foldouts
count as an equivalent number of 8 1/2" x 11" pages. The metric standard format most closely
approximating the described standard 8 1/2" x 11" size may also be
used.
(c) Title pages and tables of contents are
excluded from the page counts specified in paragraph (a) of this
provision. In addition, the Cost
section of your proposal is not page limited.
However, this section is to be strictly limited to cost and price
information. Information that can be
construed as belonging in one of the other sections of the proposal will be so
construed and counted against that section's page limitation.
(d) If final revisions are requested,
separate page limitations will be specified in the Government's request for
that submission.
(e) Pages submitted in excess of the
limitations specified in this provision will not be evaluated by the Government
and will be returned to the offeror.
(End of
provision)
1852.215-84 Ombudsman.
As prescribed in 1815.7003, insert the
following clause:
OMBUDSMAN
(OCTOBER 2003)
(a) An ombudsman has been appointed to hear and
facilitate the resolution of concerns from offerors, potential offerors, and
contractors during the preaward and postaward phases of this acquisition. When
requested, the ombudsman will maintain strict confidentiality as to the source
of the concern. The existence of the
ombudsman is not to diminish the authority of the contracting officer, the
Source Evaluation Board, or the selection official. Further, the ombudsman does not participate in the evaluation of
proposals, the source selection process, or the adjudication of formal contract
disputes. Therefore, before consulting
with an ombudsman, interested parties must first address their concerns,
issues, disagreements, and/or recommendations to the contracting officer for
resolution.
(b) If resolution cannot be made by the
contracting officer, interested parties may contact the installation ombudsman,
[Insert name, address, telephone number,
facsimile number, and e-mail address]. Concerns, issues, disagreements, and
recommendations which cannot be resolved at the installation may be referred to
the NASA ombudsman, the Director of the Contract Management Division, at
202-358-0445, facsimile 202-358-3083,
e-mail james.a.balinskas@nasa.gov.
Please do not contact the ombudsman to request copies of the
solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the
Contracting Officer or as specified elsewhere in this document.
(End of clause)
ALTERNATE I
(JUNE 2000)
As prescribed in 1815.7003, insert the following paragraph
(c):
(c) If this is a task or delivery order
contract, the ombudsman shall review complaints from contractors and ensure
they are afforded a fair opportunity to be considered, consistent with the
procedures of the contract.
(End of clause)
1852.216-73 Estimated Cost and Cost Sharing.
As prescribed in 1816.307-70(a), insert the
following clause:
ESTIMATED COST AND COST SHARING
(DECEMBER 1991)
(a) It
is estimated that the total cost
of performing the work under this contract will be
$
.
(b)
For performance of the work under this contract, the Contractor shall be
reimbursed for not more than percent of the costs of
performance determined to be allowable under the Allowable Cost and Payment
clause. The remaining percent or more of the costs of
performance so determined shall constitute the Contractor's share, for which it
will not be reimbursed by the Government.
(c)
For purposes of the [insert "Limitation of Cost" or "Limitation of
Funds"] clause, the total estimated cost to the Government is hereby
established as $ (insert
estimated Government share); this amount is the maximum Government liability.
(d) The Contractor shall maintain records of
all contract costs claimed by the Contractor as constituting part of its
share. Those records shall be subject
to audit by the Government. Costs contributed by the Contractor shall not be
charged to the Government under any other grant, contract, or agreement
(including allocation to other grants, contracts, or agreements as part of an
independent research and development program).
(End of clause)
1852.216-74 Estimated Cost and Fixed Fee.
As prescribed in 1816.307-70(b), insert the
following clause:
ESTIMATED COST AND FIXED FEE
(DECEMBER 1991)
The
estimated cost of this contract is
exclusive of the fixed fee of .
The total estimated cost and fixed fee is .
(End of clause)
1852.216-75 Payment of Fixed
Fee.
As prescribed in 1816.307-70(c), insert the
following clause:
PAYMENT OF FIXED FEE
(DECEMBER 1988)
The fixed fee shall be paid in monthly
installments based upon the percentage of completion of work as determined by
the Contracting Officer.
(End of clause)
1852.216-76 Award Fee for Service Contracts.
As prescribed in 1816.406-70(a), insert the
following clause:
AWARD FEE FOR SERVICE CONTRACTS
(JUNE 2000)
(a) The contractor can earn award fee from a
minimum of zero dollars to the maximum stated in NASA FAR Supplement clause
1852.216-85, "Estimated Cost and
Award Fee" in this contract.
(b) Beginning 6* months after the effective date
of this contract, the Government shall evaluate the Contractor's performance
every 6* months to determine the amount of award fee earned by the contractor
during the period. The Contractor may
submit a self-evaluation of performance for each evaluation period under
consideration. These self-evaluations
will be considered by the Government in its evaluation. The Government's Fee Determination Official
(FDO) will determine the award fee amounts based on the Contractor's
performance in accordance with [identify performance evaluation plan].
The plan may be revised unilaterally by the Government prior to the
beginning of any rating period to redirect emphasis.
(c) The Government will advise the Contractor in
writing of the evaluation results. The [insert payment office] will make payment based on [Insert
method of authorizing award fee payment, e.g., issuance of unilateral
modification by contracting officer].
(d)
After 85 percent of the potential award fee has been paid, the Contracting
Officer may direct the withholding of further payment of award fee until a
reserve is set aside in an amount that the Contracting Officer considers
necessary to protect the Government's interest. This reserve shall not exceed 15 percent of the total potential
award fee.
(e) The amount of award fee which can be awarded
in each evaluation period is limited to the amounts set forth at [identify
location of award fee amounts]. Award fee which is not earned in an
evaluation period cannot be reallocated to future evaluation periods.
(f)(1)Provisional award fee payments [insert “will” or "will
not", as applicable]
be made under this contract pending the determination of the amount of fee
earned for an evaluation period. If
applicable, provisional award fee payments will be made to the Contractor on a [insert
the frequency of provisional payments (not more often than monthly)] basis. The total amount of award
fee available in an evaluation period that will be provisionally paid is the
lesser of [Insert a percent not to exceed 80 percent] or the prior
period's evaluation score.