97-91

Procurement Notice


February 3, 2004

CONFORMANCE WITH FEDERAL ACQUISITION CIRCULAR 2001-16

 

BACKGROUND:  Item I of FAC 2001-16 revised the FAR to require registration of contractors in the Central Contractor Registration (CCR) database prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement.  As a result, NASA’s specific coverage of CCR is no longer required.  This PN removes Subpart 1804.74 – Central Contractor Registration and its associated clause at 1852.204-74.

 

ACQUISITIONS AFFECTED BY CHANGES:  New solicitations and contracts.

 

ACTION REQUIRED BY CONTRACTING OFFICERS:  Use FAR clause 52.204-7, Central Contractor Registration, in all solicitations and contracts issued after February 3, 2004.

 

CLAUSE CHANGES:  Clause 1852.204-74 is removed.

 

PARTS AFFECTED:  Changes are made in Parts 1804 and 1852.

 

REPLACEMENT PAGES:  You may use the enclosed pages to replace Part 1804, 52:1 through 52:6, 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 5087) on February 3, 2004.

 

HEADQUARTERS CONTACT:  Celeste Dalton, Code HK, (202) 358-1645, email: Celeste.M.Dalton@nasa.gov.

 

 

James A. Balinskas

Director, Contract Management Division

 

Enclosures


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                            Numbering scheme.

1804.7103                            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: Acquisitions Collections Development Specialist, 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, suffixes, 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 exactly 10 alpha-numeric characters positioned as prescribed in this subpart and shall be retained unchanged for the life of the particular instrument.

  (c)  Identification numbers shall be serially assigned to the extent feasible.  Installations may designate blocks of numbers to offices for future use.

 (d)  Solicitations shall be numbered in accordance with installation procedures, except that in all cases the identifying number shall begin with the three characters specified in 1804.7102(a)(1) and (2).

 

1804.7102  Numbering scheme.

 (a) General.

    (1)  The first two characters shall be NN.

    (2)  The third character shall be the same letter as used in the Integrated Financial Management Program (IFMP), i.e., the first letter of the Center acronym, except for GRC which uses "C".

   (3)  The fourth and fifth characters shall be 2 numeric characters for the FY in which the award is expected to be signed by the Government.

   (4)  The sixth through ninth characters shall be 4 digits for action number; 2 alphas, 2 numbers (AA01, AA02 ... AA99, AB01, AB02, … AZ99, BA01, BA02, etc. through ZZ99)

   (5)  The tenth character shall be 1 alpha character for type of action. 

 (b) Codes for type of action.

      A - Cooperative agreement.

      B - BOA, GWAC, or other indefinite delivery type contract.

      C - Contract (except Facilities or indefinite delivery type).

      D - Delivery order or call against a supply contract (BOA, FSS, or other indefinite delivery contract or BPA).

      F - Facilities contract.

      G - Grant (other than training).

      H - Training grant.

       I - Intragovernmental transaction, i.e., request to another Government agency to furnish supplies or services.  It does not include an award by NASA to fulfill a request from another agency. 

     P - Purchase order. (This does not include a call or task or delivery order, regardless of whether it is issued on a purchase order form.  It also does not include other types of actions listed in this paragraph, notwithstanding that they are referred to as purchase orders in IFMP.)

     S - Space Act agreement.

     T - Task order against a service (including R&D) contract (BOA, FSS, or other indefinite delivery contract or BPA).

    Z - BPA.

(c)  Sample.

NNG04AA01C would be a GSFC action issued in FY04.  It would be the first one issued at the Center (or the first of its type), and the action type would be a contract:

     NN        G             04          AA01             C

  NASA   GSFC      FY04    Serial No. 1    Contract

 

1804.7103  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.

 

PART 1852

SOLICITATION PROVISIONS AND CONTRACT CLAUSES

 

TABLE OF CONTENTS

 

1852.000                                           Scope of part.

 

SUBPART               1852.1             INSTRUCTIONS FOR USING PROVISIONS AND

                                                            CLAUSES

1852.101                                           Using Part 52.

1852.103                                           Identification of provisions and clauses.

1852.103-70                                     Identification of modified provisions and clauses.

1852.104                                           Procedures for modifying and completing provisions and   clauses.

 

SUBPART               1852.2             TEXTS OF PROVISIONS AND CLAUSES

1852.203-70                                     Display of Inspector General Hotline Posters.

1852.204-74    Central Contractor Registration.

1852.204-75                                     Security Classification Requirements.

1852.204-76                                     Security Requirements for Unclassified Information

                                                             Technology Resources.

1852.208-81                                     Restrictions on Printing and Duplicating.

1852.209-70                                     Product Removal from Qualified Products List.

1852.209-71                                     Limitation of Future Contracting.

1852.209-72                                     Composition of the Contractor.

1852.211-70                                     Packaging, Handling, and Transportation.

1852.213-70                                     Offeror Representations and Certifications–Other Than

                                                           Commercial Items.

1852.213-71                                     Evaluation–-Other Than Commercial Items.

1852.214-70                                     Caution to Offerors Furnishing Descriptive Literature.

1852.214-71                                     Grouping for Aggregate Award.

1852.214-72                                     Full Quantities.

1852.215-77                                     Preproposal/Pre-bid Conference.

1852.215-78                                     Make or Buy Program Requirements.

1852.215-79                                     Price Adjustment for "Make-or-Buy" Changes.

1852.215-81                                     Proposal Page Limitations.

1852.215-84                                     Ombudsman.

1852.216-73                                     Estimated Cost and Cost Sharing.

1852.216-74                                     Estimated Cost and Fixed Fee.

1852.216-75                                     Payment of Fixed Fee.

1852.216-76                                     Award Fee for Service Contracts.

1852.216-77                                     Award Fee for End Item Contracts.

1852.216-78                                     Firm Fixed Price.

1852.216-80                                     Task Ordering Procedure.

1852.216-81                                     Estimated Cost.

1852.216-83                                     Fixed Price Incentive.

1852.216-84                                     Estimated Cost and Incentive Fee.

1852.216-85                                     Estimated Cost and Award Fee.

1852.216-87                                     Submission of Vouchers for Payment.

1852.216-88                                     Performance Incentive.

1852.216-89                                     Assignment and Release Forms.

1852.217-70                                     Property Administration and Reporting.

1852.217-71                                     Phased Procurement Using Down-Selection Procedures.

1852.217-72                                 Phased Procurement Using Progressive Competition Down-

                                                          Selection Procedures.

1852.219-73                                     Small Business Subcontracting Plan.

1852.219-74                                     Use of Rural Area Small Businesses.

1852.219-75                                     Small Business Subcontracting Reporting.

1852.219-76                                     NASA 8 Percent Goal.

1852.219-77                                     NASA Mentor-Protégé Program.

1852.219-79                                     Mentor Requirements and Evaluation.

1852.223-70                                     Safety and Health.

1852.223-71                                     Frequency Authorization.

1852.223-72                                     Safety and Health (Short Form).

1852.223-73                                     Safety and Health Plan.

1852.223-74                                     Drug- and Alcohol-Free Workforce.

1852.223-75                                     Major Breach of Safety or Security.

1852.223-76                                     Federal Automotive Statistical Tool Reporting.

1852.225-8                                       Duty-Free Entry of Space Articles.

1852.225-70                                     Export Licenses.

1852.227-11                                     Patent Rights--Retention by the Contractor (Short Form).

1852.227-14                                     Rights in Data--General.

1852.227-17                                     Rights in Data--Special Works.

1852.227-19                                     Commercial Computer Software--Restricted Rights.

1852.227-70                                     New Technology.

1852.227-71                                     Requests for Waiver of Rights to Inventions.

1852.227-72                                     Designation of New Technology Representative and Patent

  Representative.

1852.227-84                                     Patent Rights Clauses.

1852.227-85                                     Invention Reporting and Rights--Foreign.

1852.227-86                                     Commercial Computer Software--Licensing.

1852.227-87                                     Transfer of Technical Data Under Space Station

                                                            International Agreements.

1852.228-70                                     Aircraft Ground and Flight Risk.

1852.228-71                                     Aircraft Flight Risks.

1852.228-72                                     Cross-Waiver of Liability for Space Shuttle Services.

1852.228-73                                     Bid Bond.

1852.228-75                                     Minimum Insurance Coverage.

1852.228-76                                     Cross-Waiver of Liability for Space Station Activities.

1852.228-78                                     Cross-Waiver of Liability for NASA Expendable Launch Vehicle Launches.

1852.228-80                                     Insurance — Immunity From Tort Liability.

1852.228-81                                     Insurance — Partial Immunity From Tort Liability.

1852.228-82                                     Insurance — Total Immunity From Tort Liability.

1852.231-70                                     Precontract Costs.

1852.231-71                                     Determination of Compensation Reasonableness.

1852.232-70                                     NASA Modification of FAR 52.232-12.

1852.232-77                                     Limitation of Funds (Fixed-Price Contract).

1852.232-79                                     Payment for On-Site Preparatory Costs.

1852.232-81                                     Contract Funding.

1852.232-82                                     Submission of Requests for Progress Payments.

1852.233-70                                     Protests to NASA.

1852.235-70                                     Center for AeroSpace Information Technical Reports.

1852.235-71                                     Key Personnel and Facilities.

1852.235-72                                     Instructions for Responding to NASA Research Announcements.

1852.235-73                                 Final Scientific and Technical Reports.

1852.235-74                                 Additional Reports of Work -- Research and Development.

1852.236-71                                     Additive or Deductive Items.

1852.236-72                                     Bids with Unit Prices.

1852.236-73                                     Hurricane Plan.

1852.236-74                                     Magnitude of Requirement.

1852.236-75                                     Partnering for Construction Contracts.

1852.237-70                                     Emergency Evacuation Procedures.

1852.237-71                                     Pension Portability.

1852.239-70                                     Alternate Delivery Points.

1852.241-70                                     Renewal of Contract.

1852.242-70                                     Technical Direction.

1852.242-71                                     Travel Outside of the United States.

1852.242-72                                     Observance of Legal Holidays.

1852.242-73                                     NASA Contractor Financial Management Reporting.

1852.242-74                                     Notice of Earned Value Management System.

1852.242-75                                     Earned Value Management System.

1852.242-76                                     Modified Cost Performance Report.

1852.242-77                                     Modified Cost Performance Report Plans.

1852.242-78                                     Emergency Medical Services and Evacuation.

1852.243-70                                     Engineering Change Proposals.

1852.243-71                                     Shared Savings.

1852.243-72                                     Equitable Adjustments.

1852.244-70                                     Geographic Participation in the Aerospace Program.

1852.245-70                                     Contractor Requests for Government-Owned Equipment.

1852.245-71                                     Installation-Accountable Government Property.

1852.245-72                                     Liability for Government Property Furnished for Repair or

  Other Services.

1852.245-73                                     Financial Reporting of NASA Property in the Custody of Contractors.

1852.245-74                                     Contractor Accountable On-Site Government Property.

1852.245-75                                     Title to Equipment.

1852.245-76                                     List of Government-Furnished Property.

1852.245-77                                     List of Installation-Accountable Property and Services.

1852.245-79                                     Use of Government-Owned Property.

1852.245-80                                     Use of Government Production and Research Property on a No-Charge Basis.

1852.246-70                                     Mission Critical Space System Personnel Reliability Program.

1852.246-71                                     Government Contract Quality Assurance.

1852.246-72                                     Material Inspection and Receiving Report.

1852.246-73                                     Human Space Flight Item.

1852.247-71                                     Protection of the Florida Manatee.

1852.247-72                                     Advance Notice of Shipment.

1852.247-73                                     Bills of Lading.

1852.249-72                                     Termination (Utilities).

 

SUBPART               1852.3             PROVISION AND CLAUSE MATRIX

1852.300                                           Scope of Subpart.

1852.301                                           Solicitation Provisions and Contract Clauses (Matrix).

 

 

PART 1852

SOLICITATION PROVISIONS AND CONTRACT CLAUSES

 

1852.000 Scope of part.

  This part, in conjunction with FAR Part 52, (a) sets forth the provisions and clauses prescribed in the NFS, (b) gives instructions for their use, and (c) presents a matrix listing the provisions and clauses applicable to each principal contract type and/or purpose (e.g., fixed-price supply, cost-reimbursement research and development).

 

Subpart 1852.1--Instructions for Using Provisions and Clauses

 

1852.101 Using Part 52.

  (b)(2)(i)(B) NASA contracting offices prescribing or developing clauses shall ensure that the requirements of Subpart 1801.3 are met.

  (e)(1) The NFS matrix in Subpart 1852.3 is formatted similarly to that in the FAR.  The first page of the NFS matrix contains a key to column headings, a dollar threshold chart, and requirement symbols.  To fully determine the applicability of a provision or clause in the "required-when-applicable" and "optional" categories, Contracting Officers shall refer to the NFS text (cited in the matrix) that prescribes its use.

       (4) The NFS matrix may be reproduced by field installations for the purpose of supplementing it with installation-developed provisions and clauses.

 

1852.103 Identification of provisions and clauses.

  (b) Provisions and clauses prescribed by a field installation to satisfy its needs shall be identified as stated in paragraphs (b)(i) and (ii) of this section.  Articles, formats, and similar language shall be treated as provisions and clauses for purposes of this section 1852.103.

      (i) A provision or clause shall be numbered using a prefix, a base, and a suffix.  The prefix shall be an alphabetical abbreviation of the installation name (e.g., ARC, DFRC, GRC, GSFC, JSC, KSC, LARC, MSFC, SSC, or SSPO).  The base shall be a numeric value beginning with "52.2," with the next two digits corresponding to the number of the FAR or NFS subject part to which the provision or clause relates.  The suffix shall be a hyphen and sequential number assigned within each part.  NASA installations shall use suffix numbers from -90 to -199.  For example, the first Johnson Space Center (JSC) provision or clause relating to Part 36 of the FAR or NFS shall be JSC 52.236-90, the second JSC 52.236-91, and so forth.  Provisions and clauses shall be dated in accordance with FAR 52.101(f).

      (ii) Contracting officers shall identify provisions and clauses as in the following examples:

        (A) I.2  BID ENVELOPES (GSFC 52.214-90) (AUGUST 1987)  This example is applicable when identifying the title of provisions and clauses in solicitations and contracts using the uniform contract format (UCF).  The first number ("I.2") designates the UCF section and the sequential clause within that section.  "GSFC 52.214-90" specifies the clause number.

         (B) GSFC 52.214-90--Bid Envelopes (AUGUST 1987) This example is applicable in all instances in which the provision or clause citation is not associated with the UCF number.

  (c) Contracting officers shall not number provisions and clauses developed for individual acquisitions only.  For example, "F.3 Delivery Procedures for Special Hardware" cites the third clause in Section F of a contract using the UCF, but has no clause number or date identified with it, indicating that the clause was developed for the particular contract it appears in.

 

1852.103-70 Identification of modified provisions and clauses.

  When a FAR clause or provision is included in a solicitation or contract and the NFS prescribes a modification, the title line shall identify the modification as shown below. This format shall be used both for incorporation by reference and when using full text.

 

    "52.232-28  Electronic Funds Transfer Payment Methods (APR 1989)--as modified by NASA FAR Supplement 1832.908(a)"

 

1852.104 Procedures for modifying and completing provisions and clauses.

  NFS provisions and clauses shall not be modified unless authorized by the NFS.  When authorized, contracting officers must comply with the procedures in FAR 52.104.

 

Subpart 1852.2--Text of Provisions and Clauses

 

1852.203-70  Display of Inspector General Hotline Posters.

  As prescribed in 1803.7001, insert the following clause:

DISPLAY OF INSPECTOR GENERAL HOTLINE POSTERS

(JUNE 2001)

  (a)  The Contractor shall display prominently in common work areas within business segments performing work under this contract, Inspector General Hotline Posters available under paragraph (b) of this clause.

   (b) Inspector General Hotline Posters may be obtained from NASA Office of Inspector General, Code W, Washington, DC, 20546-0001, (202) 358-1220.

(End of clause)

1852.204-74  Central Contractor Registration.

As prescribed in 1804.7404, insert the following clause:

CENTRAL CONTRACTOR REGISTRATION

(MAY 2002)

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

     (1)  “Central Contractor Registration (CCR) database” means the primary DoD repository for contractor information required for the conduct of business with NASA.

      (2)  “Data Universal Number System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet Information Services to identify unique business entities.

      (3)  “Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by Dun and Bradstreet plus a 4-digit suffix that may be assigned by a parent (controlling) business concern.  This 4-digit suffix may be assigned at the discretion of the parent business concern for such purposes as identifying sub-units or affiliates of the parent business concern.

      (4)  “Commercial and Government Entity Code (CAGE Code)” means –

(i)  A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

   (ii) A code assigned by a member of the North Atlantic Treaty Organization (NATO) that is recorded and maintained by DLIS in the CAGE master file.

      (5)  “Registered in the CCR database” means that all mandatory information, including the DUNS number or the DUNS+4 number, if applicable, and the corresponding CAGE code, is in the CCR database; the DUNS number and the CAGE code have been validated; and all edits have been successfully completed.

  (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee must be registered in the CCR database prior to award, during performance, and through final payment of any contract resulting from this solicitation, except for awards to foreign vendors performing work outside of the United States.

      (2)  The Contracting Officer will verify that the offeror is registered in the CCR database.

      (3)  Lack of registration in the CCR database will make an offeror ineligible for award after March 31, 2001.

      (4)  DoD has established a goal of registering an applicant in the CCR database within 48

hours after receipt of a complete and accurate application via the Internet.  However, registration of an applicant submitting an application through a method other than the Internet may take up to 30 days.  Therefore, offerors that are not registered should consider applying for registration immediately upon receipt of this solicitation.

  (c)  The Contractor is responsible for the accuracy and completeness of the data within the CCR, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data.  To remain registered in the CCR database after the initial registration, the Contractor is required to confirm on an annual basis that its information in the CCR database is accurate and complete.

   (d)  Offerors and contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 888-CCR-2423 (888-227-2423).

(End of clause)

 

 

1852.204-75 Security Classification Requirements.

  As prescribed in 1804.404-70, insert the following clause:

SECURITY CLASSIFICATION REQUIREMENTS

(SEPTEMBER 1989)

  Performance under this contract will involve access to and/or generation of classified information, work in a security area, or both, up to the level of                             [insert the applicable security clearance level].  See Federal Acquisition Regulation clause 52.204-2 in this contract and DD Form 254, Contract Security Classification Specification, Attachment       [Insert the attachment number of the DD Form 254].

                                                                  (End of clause)