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.