
97-97
Procurement Notice
BACKGROUND: NASA has modified its current practice for issuance and maintenance of the NASA FAR Supplement (NFS) by only publishing in the Federal Register those regulations which may have a significant effect beyond the internal operating procedures of the Agency or have a significant cost or administrative impact on contractors or offerors and are subject to public comment. The NFS will continue to integrate into a single document both regulations subject to public comment and internal Agency guidance and procedures that do not require public comment. The single official NASA-maintained version of the NFS is available on the Internet. NASA personnel must comply with all regulatory and internal guidance and procedures contained in the NFS.
The periodic review of the NFS conducted in concert with the
above new practice identified various administrative and editorial
changes. In addition to the changes
required for completeness and understanding of regulatory text, editorial and
administrative changes are made to internal guidance and procedures to correct
section numbering, update document references, amend the solicitation numbering
methodology, and to remove guidance already addressed in the FAR.
ACQUISITION AFFECTED BY CHANGES: All new solicitations.
ACTION REQUIRED BY CONTRACTING OFFICERS: Use the new solicitation numbering scheme contained in 1804.7102.
CLAUSE CHANGES: This PN makes no changes to clauses or provisions.
PARTS AFFECTED: Parts 1801, 1803 through 1807, 1809, 1811, 1814, 1822 and
1825.
REPLACEMENT PAGES: You may used the enclosed pages to replace 1:1, 1:2, 1:3, 1:4, 3:3, 3:4, 3:5, 4:3, 4:4, 4:7, 4:8, 4:9, 4:10, 4:11, 4:12, Part 1805, 6:1, 6:2, 6:3, 6:4, Part 1807, 9:3, 9:4, 11:1, 11:2, Part 1814, 15:5, 15:6, 15:7, 15:8, 15:29, 15:30, 16:3, 16:4, 16:5, 16:6, 16:11, 16:12, 17:5, 17:6, 17:9, 17:10, 22:1, 22:2, 22:3, 22:4, Part 1823, 1825:1, and 1825:2 of the NFS.
TYPE OF RULE AND PUBLICATION DATES: These changes were published as final rules in the Federal Register on April 22, 2004 (69 FR 21761 - 21765).
HEADQUARTERS CONTACT: Celeste Dalton, Code HK, (202) 358-1645, email: Celeste.M.Dalton@nasa.gov.
James Balinskas
Director, Contract Management Division
Enclosures
PART 1801
FEDERAL ACQUISITION REGULATIONS SYSTEM
TABLE OF CONTENTS
SUBPART 1801.1 PURPOSE,
AUTHORITY, ISSUANCE
1801.103 Authority.
1801.104 Applicability.
1801.105 Issuance.
1801.105-1 Publication and code arrangement.
1801.105-2 Arrangement of regulations.
1801.106 OMB approval under the Paperwork Reduction Act.
1801.270 Amendment of the NFS.
1801.271 NASA procedures for FAR and NFS changes.
1801.272 Procurement Information Circulars.
SUBPART 1801.3 AGENCY ACQUISITION REGULATIONS
1801.301 Policy.
1801.303 Publication and codification.
SUBPART 1801.4 DEVIATIONS FROM THE FAR
1801.400 Scope of subpart.
1801.471 Procedure for requesting deviations.
SUBPART 1801.6 CAREER
DEVELOPMENT, CONTRACTING AUTHORITY, AND
RESPONSIBILITIES
1801.601 General.
1801.602-3 Ratification of unauthorized commitments.
1801.603 Selection, appointment, and termination of appointment.
1801.603-2 Selection.
1801.670 Delegations to contracting officer's technical representatives
(COTRs).
SUBPART 1801.7 DETERMINATIONS
AND FINDINGS
1801.707 Signatory authority.
1801.770 Legal review.
FEDERAL
ACQUISITION REGULATIONS SYSTEM
1801.000 Scope of part.
This part sets forth general information about the National Aeronautics and Space Administration (NASA) Federal Acquisition Regulation (FAR) Supplement, also referred to as the NFS.
Subpart 1801.1--Purpose, Authority, Issuance
1801.103 Authority.
(a) Under the following authorities, the Administrator has delegated to the Assistant Administrator for Procurement authority to prepare, issue, and maintain the NFS:
(i) The National Aeronautics and Space Act of 1958 (Pub. L. 85-568; 42 U.S.C. 2451 et seq.).
(ii) 10 U.S.C. chapter 137.
(iii) Other statutory authority.
(iv) FAR Subpart 1.3.
1801.104 Applicability.
The NFS applies to all acquisitions as defined in FAR Part 2 except those expressly excluded by the FAR or this regulation.
1801.105 Issuance.
1801.105-1 Publication and code arrangement.
(b)(i) The NFS is an integrated document that
contains both acquisition regulations that require public comment and internal
Agency guidance and procedures that do not require public comment. NASA personnel must comply with all
regulatory and internal guidance and procedures contained in the NFS.
(ii) NFS regulations that require public comment are issued as Chapter
18 of Title 48, CFR.
(iii) The single official NASA-maintained
version of the NFS is on the Internet
(http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm).
(a)
The single official NASA-maintained version of the NFS is on the
Internet (http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm)
.
(b)
The NFS is issued as chapter 18 of title 48, CFR.
1801.105-2 Arrangement of regulations.
(b)(1)(A) Numbering of NFS text implementing the FAR shall be the same as that of the related FAR text, except when the NFS coverage exceeds one paragraph. In such case the NFS text is numbered by skipping a unit in the FAR 1.105-2(b)(2) prescribed numbering sequence. For example, two paragraphs implementing FAR 1.105-2(b)(1) are numbered 1801.105-2(b)(1)(A) and (B), rather than (1)(i) and (ii). Further subdivision of the NFS implementing paragraphs would follow the prescribed sequence in FAR 1.105(b)(2).
(B) NFS text that supplements the FAR part is numbered the same as its FAR counterpart with the addition of a number 70 and up. For example, NFS supplement of FAR subsection 1.105-3 is numbered 1801.105-370. Supplemental text exceeding one paragraph is numbered using the FAR 1.105-2(b)(2) prescribed numbering sequence without skipping a unit.
(2) Subdivision numbering below the fourth level repeats the numbering sequence using italicized letters and numbers.
1801.106 OMB approval under the Paperwork
Reduction Act.
(1) NFS requirements. The following OMB control numbers apply:
|
NFS Segment |
OMB Control Number |
|
1804.470 |
2700-0098 |
|
1804.74 |
2700-0097 |
|
1819 |
2700-0073 |
|
1819.72 |
2700-0078 |
|
1823.271 |
2700-0106 |
|
1827 |
2700-0052 |
|
1831 |
2700-0080 |
|
1843 |
2700-0054 |
|
1843.71 |
2700-0094 |
|
NF 533 |
2700-0003 |
|
NF 1018 |
2700-0017 |
(2) Solicitations and contracts. Various requirements in a solicitation or contract, generally in the statement of work, are not tied to specific paragraphs cleared in paragraph (1) of this section, yet require information collection or recordkeeping. The following OMB control numbers apply to these requirements: 2700-0086 (acquisitions up to $25,000), 2700-0087 (solicitations that may result in bids or proposals not exceeding $500,000), 2700-0085 (solicitations that may result in bids or proposals exceeding $500,000), 2700-0088 (contracts not exceeding $500,000), and 2700-0089 (contracts exceeding $500,000).
Subpart 1801.2--Administration
1801.270
Amendment of the NFS.
(a) The NFS is amended by publishing changes in the Federal Register. These changes are then incorporated into the NASA-maintained Internet version of the NFS through
Procurement Notices (PNs). PNs are numbered consecutively, prefixed by the last two digits of the calendar year of issuance of the current edition of the NFS.
(b) Compliance with a revision to the NFS shall be in accordance with the PN containing the revision. Unless otherwise stated, solicitations that have been issued, and bilateral agreements for which negotiations have been completed, before the receipt of new or revised contract clauses need not be amended to include the new or revised clauses if including them would unduly delay the acquisition.
1801.271 NASA procedures for FAR and NFS changes.
(a) Informal suggestions for improving the NFS, including correction of errors, should be directed to the Headquarters Office of Procurement (Code HK).
(b)(1) Formal requests for changes to the FAR or the NFS should be written and contain (i) a description of the problem the suggested revision is designed to cure, (ii) the revision in the form of a marked-up copy of the current FAR or NFS language or the text of any additional language, (iii) the consequences of making no change and the benefits to be expected from a change, and (iv) any other information necessary for understanding the situation, such as relationship between FAR and NFS coverage, legal opinions, coordination with other offices, and existing agreements.
(2) Formal requests for FAR and NFS changes should be sent to Code HK. Requests from Headquarters offices should originate at the division level or higher, while installation requests should be signed at the procurement officer or higher level.
1801.272 Procurement Information Circulars.
(a)
The Procurement Information Circular (PIC) is used for internal
dissemination of procurement-related information and
directives not suitable for inclusion in the NFS. Code HK is responsible for issuing PICs.
(b) PICs are numbered on a calendar year basis, beginning with number 1, prefixed by the last two digits of the year.
Subpart 1801.3--Agency Acquisition Regulations
1801.301
Policy.
(a)(2) Heads of NASA field installations may prescribe policies and procedures that do not have a significant effect beyond the internal operating procedures of their installations. All other policies, procedures, and solicitation and contract provisions and clauses must be forwarded to the Headquarters Office of Procurement (Code HK) for approval in accordance with 1801.271(b).
(b)(i) 41 U.S.C. 418b requires publication of NFS changes for public comment where there will be a significant effect beyond the internal operating procedures of the agency or a significant cost or administrative impact on contractors or offerors. However, it does not define "significant effect beyond the internal operating procedures" or "significant cost or administrative impact." Examples of policies or procedures that fall in either of these categories are:
(A) A contract clause requiring contractors to take precautions to avoid injury to Florida manatees, which have been designated as an endangered species, has a significant cost impact for contractors who must obtain protective devices for boat propellers and take other safety actions.
(B) A contract clause requiring contractors to follow the Government's holiday schedule, thereby disallowing premium pay for work on contractor-designated holidays, will have an effect outside the internal operating procedures of the agency.
(C) A contract clause requiring contractors to segregate costs by appropriations will affect the contractor's internal accounting system and have a significant impact.
(D) Requiring contractor compliance with NASA's Space Transportation System Personnel Reliability Program will have an effect outside the internal operating procedures of the agency.
(ii) In contrast, the following would not have to be publicized for public comment:
(A) Security procedures for identifying and badging contractor personnel to obtain access at a NASA installation.
(B) A one-time requirement in a construction contract for the contractor to develop a placement plan and for inspection prior to any concrete being placed. (This is part of the specification or statement of work.)
(C) A policy that requires the NASA installation to maintain copies of unsuccessful offers.
1801.303 Publication and codification.
(a) Part, subpart, and section numbers 70 through 89 are reserved for NFS supplementary material for which there is no FAR counterpart.
through
(viii).
(x) Duly
designated ombudsman.
(c)(i) The originator of
information that may be source selection information shall consult with the
contracting officer or the procurement officer, who shall determine whether the
information is source selection information. NASA personnel responsible for
preparing source selection information as defined in FAR 2.101 shall
assure that the material is marked with the legend in FAR 3.104-4(c) at
the time the material is prepared.
(ii) Unless marked with
the legend "SOURCE SELECTION INFORMATION -- SEE FAR 2.101 and 3.104,"
draft specifications, purchase descriptions, and statements of work are not
considered source selection information and may be released during a market
survey in order to determine the capabilities of potential competitive sources
(see FAR Subpart 7.1). All documents, once released, must remain available
to the public until the conclusion of the acquisition.
1803.104-7 Violations or possible
violations.
(a)(1) The Procurement Officer is the individual designated
to receive the contracting officer's report of violations.
(b) The head of the contracting activity (HCA) or designee
shall refer all information describing an actual or possible violation to the
installation's counsel and inspector general staff and to the Assistant
Administrator for Procurement (Code HS).
(f) When the HCA or designee determines that award is
justified by urgent and compelling circumstances or is otherwise in the
interest of the Government, then that official shall submit a copy of the
determination to the Assistant Administrator for Procurement (Code HS)
simultaneous with transmittal to the Administrator.
Subpart 1803.2--Contract
or Gratuities to Government Personnel
1803.203
Reporting suspected violations of the Gratuities clause.
Any suspected violations of the clause at FAR 52.203-3, Gratuities, shall be reported to the installation's Office of Inspector General.
Subpart 1803.3--Reports
of Suspected Antitrust Violations
1803.303
Reporting suspected antitrust violations.
(b)(i) When offers are
received that, in the opinion of the contracting officer, indicate possible
antitrust violations, the contracting officer shall report the circumstances to
the General Counsel, NASA Headquarters, through the Office of Procurement (Code
HS). Reports should not be submitted automatically but only when there is
reason to believe the offers may not have been arrived at independently. These
reports shall be submitted with conformed copies of bids or proposals, contract
documents, and other supporting data, and shall set forth --
(A)
The noncompetitive pattern or situation under consideration;
(B) Purchase experience in the same
product or service for a reasonable period (one or more years) preceding
receipt of the offers under consideration, including unit and total contract
prices and abstracts of bids;
(C)
Community of financial interest among offerors, insofar as it is known;
(D)
The extent, if any, to which specification requirements or patents restrict
competition;
(E)
Any information available about the pricing system employed in offers believed
to reflect noncompetitive practices; and
(F) Any
other pertinent information.
(ii) Evidence of
practices that, in the opinion of the General Counsel, NASA Headquarters, may
violate the antitrust laws shall be forwarded to the Attorney General of the
United States (see FAR 3.303).
(d)
The contracting officer shall submit the identical bid report required by FAR
3.303(d) to NASA Headquarters, Office of Procurement (Code HS). The report
shall include the reasons for suspecting collusion. Code HS shall forward a
copy to the NASA Office of the Inspector General.
Subpart 1803.5--Other Improper Business
Practices
1803.502
Subcontractor kickbacks.
Contracting officers shall report
suspected violations of the Anti-Kickback Act in accordance with 1809.470.
Subpart 1803.6--Contracts
with Government Employees or
Organizations Owned or Controlled by
Them
1803.602
Exceptions.
The Assistant Administrator for
Procurement has been delegated the authority to authorize an exception to the
policy in FAR 3.601. The Assistant Administrator for Procurement has
redelegated this authority to the heads of contracting activities (HCAs) for
individual actions in the aggregate of $100,000 and below, inclusive of
follow-on acquisitions, with concurrence by the HCA's Office of Chief
Counsel. All requests above the HCA's authority shall be forwarded to the
Assistant Administrator for Procurement (Code HS) for approval.
Subpart 1803.7--Voiding
and Rescinding Contracts
1803.704 Policy.
(a) The Assistant Administrator for Procurement has been
delegated authority to void or rescind contracts when there is a final
conviction for violation of 18 U.S.C. 201-224 (Bribery, Graft and Conflicts of
Interest) relating to them.
1803.705
Procedures.
(a)
Procurement officers shall make reports to the Assistant Administrator for
Procurement (Code HS). The Assistant Administrator for Procurement is
responsible for the actions, notices, and decisions required by FAR
3.705(c), (d), and (e).
Subpart 1803.8--Limitation on the Payment
of Funds
to Influence Federal Transactions
1803.804 Policy.
(b)
Procurement officers shall forward one copy of each Disclosure of Lobbying
Activities (SF-LLL) furnished pursuant to FAR 3.803 to the Office of
Procurement (Code HS). The original shall be retained in the contract file.
Forms shall be submitted semi-annually by April
15th for the six-month period ending March 31st, and by October 15th for the period ending September 30th.
1803.806
Processing suspected violations.
The
Assistant Administrator for Procurement (Code HS) is the designated official to
whom suspected violations of the Act shall be referred.
Subpart 1803.70--IG Hotline Posters
1803.7000 Policy.
NASA requires contractors to display NASA hotline posters prepared by the NASA Office of Inspector General on those contracts specified in 1803.7001, so that employees of the contractor having knowledge of waste, fraud, or abuse, can readily identify a means to contact NASA's IG.
1803.7001 Contract clause.
Contracting officers must insert the clause at 1852.203-70, Display of Inspector General Hotline Posters, in solicitations and contracts expected to exceed $5,000,000 and performed at contractor facilities in the United States.
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.
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.