97-97

Procurement Notice


April 22, 2004

MISCELLANEOUS ADMINISTRATIVE REVISIONS

 

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

 

1801.000                                 Scope of part.

 

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.

 

SUBPART      1801.2             ADMINISTRATION

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.

 

PART 1801

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.

 

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; NPRG 1620.1, Security Procedurales Requirements and Guidelines; NPG NPR 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 NPRG 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 NPR 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 NPR 2810.1, for systems for which the contractor has primary operational responsibility on behalf of NASA.



   (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 NPRG 1441.1C, NASA 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 NPR 1441.1C, NASA 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.

   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.

 

1804.7102 Numbering scheme for solicitations.

 (a)  Solicitations shall use the following twelve character alpha-numeric numbering scheme:

    (1)  The first two characters shall be NN.

    (2)  The third character shall designate the Center/Installationn issuing the solicitation as follows: A=ARC, C=GRC, D=DFRC, G=GSFC, H=HQ, J=JSC, K=KSC, L=LaRC, M=MSFC, N=NMO, and S=SSC, T=Office of Exploration Systems, and X=NSSC.

    (3)  The fourth and fifth characters shall be two numeric characters for the FY in which the solicitation is expected to be issued.

   (4)  The sixth through eleventh characters shall be the last six digits of the purchase request (PR) number, except for cases where the solicitation is to be issued without an assigned PR number, for example NASA Research Announcements (NRAs) and Announcements of Opportunity (AOs).  In those cases: the sixth character shall be the letter Z; the seventh and eighth characters shall represent the issuing organization’s code; and the ninth through eleventh characters shall be an action number (001-999), assigned sequentially by the issuing organization.

   (5)  The twelfth character shall be one alpha character for type of solicitation, as follows:

      C= CAN

      E = IFB

      J = Draft RFP

      K = BAA (other than AOs or NRAs) or other grant announcements

      L = RFI

      N = NRA

      O = AO

      Q = RFQ

      R= RFP

(b) The solicitation number is also referred to as the “collective” number within the Integrated Financial Management (IFM) system.  Since the “collective” field in IFM is limited to ten characters, omit the first two characters (NN) when the solicitation number is entered into the “collective” field.

 

1804.7103  Numbering scheme for awards.

 (a) The identification number for awards shall consist of exactly ten alpha-numeric characters.  Identification numbers shall be serially assigned to the extent feasible.  Installations may designate blocks of numbers to offices for future use.

 (b)  The identification number shall consist of the following:

    (1)  The first two characters shall be NN.

    (2)  The third character shall be as set forth in 1804.7102(a)(2) .

   (3)  The fourth and fifth characters shall be two 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 four digits for action number; two alphas, two numbers (AA01, AA02 ... AA99, AB01, AB02, … AZ99, BA01, BA02, etc. through ZZ99)

(5)    The tenth character shall be an alpha character for type of action, as follows:

      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 or call against a service (including R&D) contract (BOA, FSS, or other indefinite delivery contract or BPA).

     Z - BPA.

(b)  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

 

1804.7104  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 NPRG 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 NPR 7120.5, or

          (2)  The requested action is in support of programs and projects subject to the requirements of NPG NPR 7120.5, and -

               (i)    All NPG NPR 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.



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                            Definitions.

1805.303-71                            Actions requiring Administrator notification  and NASA Headquarters public announcement.

1805.303-72                            Administrator notification and NASA Headquarters public   announcement procedures.

                                       

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.

  (c)(14) Notices for non-competitive solicitations, including non-competitive follow-on actions to contracts initially awarded utilizing full and open competition, shall provide sufficient information regarding the proposed requirement to allow potential sources to determine whether they possess the requisite capabilities and to make an informed business decision regarding whether to respond.

 

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."

 

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,

including unexercised options, of $25 million or greater.

 

1805.303-70 Definitions.

   “Anticipated values,” as used in this subpart, means:

   (a) The estimated value of the contract (including unexercised options),

   (b) The expected definitized value of a letter contract or undefinitized contract action; or

   (c) The maximum value of the basic contract for indefinite delivery contracts, time and material, labor hour, and similar contracts.

   "Contract actions," as used in this subpart, means new awards (including letter contracts), new work contract modifications, or orders placed under multiple award contracts.

 

1805.303-71  Actions requiring Administrator notification and NASA Headquarters public announcements.

   (a)(1) All contract actions with anticipated values of $25 million or greater (including unexercised options) or an option exercise of $25 million or greater require NASA Headquarters public announcements.     

     (2) Competitive contract actions with anticipated values of $25 million or greater (including unexercised options) require Administrator notification.

     (3) Non-competitive contract actions with anticipated values greater than $100 million (including unexercised options) require Administrator notification.

     (4) If the contracting officer considers that a contract action or other action at any dollar amount is of significant interest to Headquarters or has agency public information implications, the NASA Headquarters Office of Procurement (Code HS) should be contacted to discuss possible Administrator notification and/or NASA Headquarters public announcement.  Examples of other actions include --

(i)     Terminations,

(ii)   Contract modifications,

          (iii) Exercise of options,

          (iv) Cost overrun modifications, or

          (v) Orders placed under single or multiple award contracts (including GSA).

   (b) Administrator notification and NASA Headquarters public announcement is not required for individual orders placed under single or multiple award contracts.  However, once the anticipated value is reached on these contracts, any subsequent modifications or orders of $25 million or greater must be announced.

 (c) Contract actions requiring Administrator notification and/or Headquarters public announcement shall not be distributed nor shall any source outside NASA be notified of their status until the procedures in 1805.303-72 are completed.

 

1805.303-72  Administrator notification and NASA Headquarters public announcement procedures.

   (a) Administrator notification procedures. 

    (1) The contracting officer shall send the information listed in items (c)(1) through (10) of this section to the Headquarters Office of Procurement (Code HS) via NASA Public Key Infrastructure (PKI) or facsimile at least five (5) workdays prior to planned public announcement.  After October 1, 2004, facsimile will no longer be acceptable.  The electronic transmittal must include the desired date for announcing the award and the cognizant HQ Enterprise or funding organization.  The contracting officer shall contact Code HS by telephone immediately prior to the impending electronic transmission.  The contact must be “live”; leaving a voicemail is not sufficient, as there is no guarantee that a person so notified will be available to properly receive and handle the Administrator notification.

    (2) 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 2.101 AND 3.104.”

    (3) The contracting officer shall not proceed with any awards, contract modifications, orders or announcements until Code HS confirms that the Administrator has been notified of the proposed action and coordination identified in (b)(3) has occurred with the Headquarters Office of Legislative Affairs regarding any required public announcement.         

   (b) NASA HQ Public Announcement Procedures.

    (1) After confirmation is received that the Administrator has been notified of the proposed action, the contracting officer shall develop a draft news release that includes the information listed in (c)(1) through (8) of this section for those actions that require NASA Headquarters public announcement.  The news release must be annotated with the legend “SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104”. 

    (2) The draft news release shall be provided to the installation Public Affairs Office no later than 72 hours before the desired public announcement, which will then coordinate with the Headquarters Office of Public Affairs no later than 48 hours before the public announcement.  

    (3) The Headquarters Office of Legislative Affairs (Code L) will coordinate the date of public announcement with the Headquarters Office of Public Affairs (Code PM).  The Headquarters Office of Public Affairs will then coordinate with the installation Public Affairs Office. 

        (i)   Code L will coordinate the timing for notifying offerors with the contracting officer such that the offerors are notified prior to Congress, and Congress is notified prior to public announcement.

        (ii)   Offerors should not be notified until the coordination identified in 3(i) has occurred.

        (iii)  Installations may proceed with award and local release of the information after Code PM makes the public announcement, which occurs at 4:00 PM ET on the agreed upon date.

    (4) Installations must request authorization from the Assistant Administrator for Procurement (Code HS), who will then coordinate an earlier release with the Headquarters Office of Public Affairs and the Office of Legislative Affairs, if a public announcement and award earlier than 4:00 PM ET on the agreed upon date is considered appropriate (e.g., letter contracts).

    (5) The draft news release required by paragraph (b)(1) of this section shall be provided to the Headquarters Office of Procurement (Code HS) with the request for approval, for contract actions requiring Headquarters approval in accordance with 1804.72. 

   (c) Administrator notification and NASA Headquarters public announcement documentation requirements.  The Administrator notification and NASA Headquarters public announcement documents shall include the following information –

    (1) Title and brief nontechnical description of the work, including identification of the program, project and period of performance;

    (2) Identification of the action (e.g. new contract, contract modification, termination, exercise of an option, etc.);

    (3) Contract type.  For undefinitized contract actions, identify the planned contract type of the definitized instrument;

    (4) Name and address (including 9-digit zip code) and business size status of the prime contractor and each major subcontractor greater than $1 million;

    (5) The dollar amount authorized for the instant action and the estimated total cost of the contract including all priced options.  For undefinitized contract actions, indicate the NTE or ceiling price amount;

    (6) Principal work performance locations;

    (7) A brief description of any unusual circumstances, if applicable;

    (8) The names and telephone numbers of the contracting officer and the manager responsible for the technical requirements;

    (9)  Small business and small disadvantaged business subcontracting goals both in dollars and percentage of the value of the action (including all options);

    (10)  For competitive selections only, provide the names and addresses of all unsuccessful offerors and a brief explanation of the general basis for the selection.

 

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.



PART 1806

COMPETITION  REQUIREMENTS

 

TABLE OF CONTENTS

 

SUBPART     1806.2             FULL AND OPEN COMPETITION AFTER EXCLUSION

                                                          OF SOURCES

1806.202                                 Establishing or maintaining alternative sources.

1806.202-70                           Formats.

 

SUBPART     1806.3            OTHER THAN FULL AND OPEN COMPETITION

1806.302                                 Circumstances permitting other than full and open competition.   

1806.302-4                             International agreement.

1806.302-470                Documentation.

1806.302-7                             Public interest.

1806.303                                 Justifications.

1806.303-1                             Requirements.

1806.303-170                         Sole-source purchases by contractors.

1806.303-2                             Content.

1806.303-270                         Use of unusual and compelling urgency authority.

1806.304-70                           Approval of NASA justifications.

 

SUBPART     1806.5            COMPETITION ADVOCATES

1806.501                                 Requirement.

1806.502                                 Duties and Responsibilities.

 

PART 1806

COMPETITION  REQUIREMENTS

 

                   Subpart 1806.2--Full and Open Competition After  Exclusion of Sources

 

1806.202  Establishing or maintaining alternative sources.

   (a) The authority of FAR 6.202 is to be used to totally or partially exclude a particular source.

   (b)     The supporting data and the D&F must name the source to be excluded and shall include the following information as applicable and any other relevant information:

       (i) The specific purpose to be served in excluding the source as enumerated in FAR 6.202(a).

       (ii) The acquisition history of the supplies or services, including sources, prices, quantities, and dates of award.

       (iii) The circumstances making it necessary to exclude a particular source from the contract action:

            (A) Reasons for lack of sources; e.g., the technical complexity and criticality of the item.

            (B) Current annual requirement and prospective needs for the supplies and services.

            (C) Projected future requirements.

       (iv) Whether the existing source must be totally excluded from the action or whether a partial exclusion is sufficient.

       (v)     The potential effect of exclusion on the excluded source in terms of any loss of capability to furnish the supplies or services in subsequent contract actions.

       (vi) When the authority of FAR 6.202(a)(1) is cited, the basis for --

            (A) Assumptions regarding future competition; and

            (B) The determination that exclusion of a particular source will likely result in reduced overall costs for anticipated future acquisitions, including (as a minimum) discussion of start-up costs, costs associated with facilities, duplicative administration costs (such as for additional inspection or testing), economic order quantities, and life-cycle-cost considerations.

       (vii) When an additional source or additional sources must be established to provide production capacity to meet current and mobilization requirements--

            (A) The current annual and the mobilization requirements for the item, citing the source of, or the basis for, the planning data;

            (B) A comparison of current production capacity with current and mobilization requirements; and

            (C) The hazards of relying on the present source and the time required for new sources to acquire the necessary facilities and skills and achieve the production capacity necessary to meet requirements.

 

1806.202-70  Formats.

   A sample format for D&Fs citing the authority of FAR 6.202(a) follows:

 

National Aeronautics and Space Administration

Washington, DC 20546

 

Determination and Findings

 

Authority to Exclude a Source

 

On the basis of following findings and determination, which I make under the authority of 10 U.S.C. 2304(b)(1) as implemented by FAR 6.202, the proposed contract action described below may be awarded using full and open competition after exclusion of     (1)   .

 

Findings

 

1.  It is proposed that the following requirement be acquired using full and open competition after exclusion of the source identified above.

2.  The source identified above can be expected to receive an award for this requirement unless excluded.

3.  It is necessary to establish or maintain an alternative source or sources.

4.  The exclusion of  this source will increase or maintain competition and is likely to result in reduction of     (2)     in overall costs for any anticipated acquisition of the supplies or services being acquired.  This estimate is based on     (3)   .

 

(See Note 4 for the use of Alternates I and II below.)

 

Alternate I:  The exclusion of this source will serve the national defense interest by having an alternative supplier available for furnishing the supplies or services being acquired, in case of a national emergency or industrial mobilization, because     (5)   .

Alternate II:  The exclusion of this source will serve the national defense interest by establishing or maintaining an essential engineering, research, or development capability of an educational or other nonprofit institution or a federally funded research and development center, because     (5)     .

 

Determination

 

The exclusion of the source identified above will increase or maintain competition and is likely to result in reduced overall costs for any anticipated acquisition of the supplies or services being acquired.

 

(See Note 4 for the use of Alternates I and II below.)

 

Alternate I:  It is in the interest of the national defense to exclude the source identified above in order to have an alternative supplier available for furnishing the supplies or services being acquired, in case of a national emergency or industrial mobilization.

 

Alternate II:  It is in the interest of national defense to exclude the source identified above in order to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center.

 

Date___________

 

NOTES:

1.  Name of source to be excluded.

2.  Description of estimated reduction in overall costs.

3.  Description of how estimate was derived.

4.  In paragraph 4 and in the Determination, the basic wording is appropriate when FAR 6.202(a)(1) applies; Alternate I is appropriate when FAR 6.202(a)(2) applies; and Alternate II is appropriate when FAR 6.202(a)(3) applies.

5. Description of circumstances necessitating the exclusion of the identified source.

 

Subpart 1806.3--Other Than Full and Open Competition

 

1806.302  Circumstances permitting other than full and open competition.

 

1806.302-4  International agreement.

   (c)

1806.302-470    Documentation.

  Pursuant to 10 U.S.C. 2304(f)(2)(E), an individual justification for other than full and open competition under the authority of FAR 6.302-4 is not required when the procurement officer signs a Memorandum for the Record that:

(a)  describes the specific terms of the international agreement or treaty that limit acquisitions in support of, or as a result of, the agreement or treaty to less than full and open competition; .and

  (b) is included in each official contract file in the place for filing a Justification for Other than Full and Open Competition (see NASA Form 1098).

 

1806.302-7  Public interest.

   (c)(2) The notice to Congress shall be made by NASA Headquarters, Office of Legislative Affairs (Code L).  Code HS shall request the notice to be made immediately upon approval of a D&F and shall advise the contracting activity of the date upon which the notification period ends.

       (3) The contracting officer shall prepare the D&F required by FAR 6.302-7(c)(1) in any  format that clearly documents the determination and the supporting findings.

 

1806.303  Justifications.

 

1806.303-1  Requirements.

   (b)     Justifications for using less than full and open competition may be prepared by the technical office initiating the contract action when it is recommending the use of the justification authority, or by the contracting officer if the technical office does not make such a recommendation.

   (d) The contracting officer shall send a copy of each approved justification or D&F that cites the authority of FAR 6.302-3(a)(2)(i) or FAR 6.302-7 to NASA Headquarters, Office of Procurement  (Code HK), unless one of the exceptions at FAR 25.401 applies to the acquisition. The transmittal shall indicate that the justification is being furnished under FAR 6.303-1(d).

 

1806.303-170  Sole-source purchases by contractors.

   The requirements of FAR Part 6 and NFS Part 1806 apply if NASA directs a prime contractor (by specifications, drawings, parts lists, or otherwise) to purchase items on a sole-source basis.  Accordingly, procurement officers shall take necessary actions to ensure that such sole-source acquisitions are properly justified.

 

1806.303-2  Content.

 

1806.303-270  Use of unusual and compelling urgency authority.

   If the authority at FAR 6.302-2 is used for extending the performance period of an existing services contract, the justification shall contain the information required by FAR 6.303-2 and;

   (a) Documentation that the acquisition process for the successor contract was started early enough to allow for adequately planning and conducting a full and open competition, together with a description of the circumstances that prevented award in a timely manner; and

   (b) Documentation of the reasons why no other source could practicably compete for the interim requirement.


PART 1807

ACQUISITION PLANNING

                                                                             

TABLE OF CONTENTS

 

SUBPART     1807.1              ACQUISITION PLANS

1807.103                                  Agency-head responsibilities.

1807.104                                  General procedures.

1807.105                                  Contents of written acquisition plans.

1807.107                                  Additional requirements for acquisitions involving bundling.

1807.107-70                            1807.107-70                             Orders against Federal Supply Schedule contracts or other

                                                   indefinite-delivery contracts awarded by another agency.Orders against Federal Supply Schedule contracts,

                                                    Governmentwide acquisition contracts (GWACs), or other

                                                    existing indefinite-delivery contracts.

1807.170                                  Acquisition Strategy Meeting (ASM).

 

SUBPART     1807.2              PLANNING FOR THE PURCHASE OF SUPPLIES IN

                                                  ECONOMIC QUANTITIES

1807.204                                  Responsibilities of contracting officers.

 

SUBPART     1807.3              CONTRACTOR VERSUS GOVERNMENT                                      PERFORMANCE

1807.307                 Appeals.

 

SUBPART     1807.5              INHERENTLY GOVERNMENTAL FUNCTIONS

1807.503                                  Policy.

 

SUBPART     1807.70            CONSOLIDATED CONTRACTING

1807.7000                                General.

 

SUBPART     1807.71            MASTER BUY PLAN

1807.7100                               General.

1807.7101                               Applicability.

1807.7102                               Submission, selection, and notification procedures.

1807.7102-1                           Submission of Master Buy Plan.

1807.7102-2                           Submission of amendments to the Master Buy Plan.

1807.7102-3                           Selection and notification procedures.

1807.7103                               Format of Master Buy Plan.

 

SUBPART     1807.72           ACQUISITION FORECASTING

1807.7200                               Policy..

1807.7201                               Definitions.

1807.7202                Policy.

1807.72037202                               Responsibilities.

1807.72047203                               Forecast data.

1807.7205                Public availability.

 

PART 1807

            ACQUISITION PLANNING

 

Subpart 1807.1--Acquisition Plans

 

1807.103    Agency-head responsibilities.

   (d)(i)   Except as provided in paragraph (d)(iii) of this section, acquisition plans shall be prepared according to the following: 

               (A)  For acquisitions requiring Headquarters approval, by an Acquisition Strategy Meeting (ASM) (see 1807.170);

               (B)  For acquisitions not requiring Headquarters approval and expected to exceed $5 million, by installation-approved ASMs or written acquisition plans; and,

               (C)  For acquisitions not expected to exceed $5 million, in accordance with installation procedures.

         (ii)  The estimated dollar amounts shall include all options and later phases of the same program or project.

         (iii) Acquisition plans are not required for the following acquisitions:

               (A)  Architect-engineering services;

               (B)  Broad agency announcements (see 1835.016) or unsolicited proposals;

               (C)  Basic research from nonprofit organizations;

               (D)  Utility services available from only one source;

               (E)  From or through other Government agencies except when the value of the acquisition meets the Master Buy Plan threshold (see 1807.710(a);

               (F)  Industrial facilities required in support of related contracts; or

               (G)  MidRange procedure awards (see 1871).  However, acquisition plans are required for commercial item acquisitions that exceed the MidRange dollar thresholds for noncommercial items.

         (iv) Acquisition plans shall be approved before soliciting proposals.

         (v)  Approval of an acquisition plan does not constitute approval of any special conditions, or special clauses that may be required unless the plan so specifies, and the individual having approval authority is a signatory of the plan.  All required deviations shall be approved through the procedures described in FAR 1.4 and 1801.4.

         (vi) A single acquisition plan may be used for all phases of a phased acquisition provided the plan fully addresses each phase, and no significant changes occur after plan approval to invalidate the description of the phases.  If such significant changes do occur, the plan shall be amended and approved at the same level as the original plan. 

   (e)  Acquisition plans should be prepared on a program or system basis when practical.  In such cases, the plan should fully address all component acquisitions of the program or system.

 

1807.104  General procedures.

   (a)  The acquisition planning team shall obtain input from the center offices responsible for matters of safety and mission assurance, occupational health, environmental protection, information technology, export control, and security.  Their presence on the team shall help to ensure that all NASA acquisitions are structured in accordance with NASA safety, occupational health, environmental, export control, and security policy.  As part of this process, the team shall recommend any appropriate solicitation or contract requirements for implementation of safety, occupational health, environmental, information technology, export control, and security concerns.  (See NPG NPR 8715.3, NASA Safety Manual; NPG NPR 7120.5, NASA Program and Project Management Processes and Requirements; NPG NPR 2810.1, Security of Information Technology, and NPG NPR 1620.1, Security Procedural Requirementses and Guidelines, all available at www.nodis.hq.nasa.gov).

 

1807.105  Contents of written acquisition plans.

   Acquisition plans shall address each applicable topic listed in FAR 7.105, as supplemented by this section.  Plans shall be structured by subject heading using each italicized topic heading in the same sequence as presented in the FAR.  Subheadings should be used when appropriate (e.g., the separate items under contracting considerations at 7.105(b)(4)).  Topics not applicable to a given acquisition (e.g., design-to-cost and should-cost are not compatible with service acquisitions), should be marked N/A.  The requirements in FAR 7.105 regarding performance-based contracting methods shall not be limited to acquisition plans for service contracts.

   (a)(1) Describe in nontechnical terms the supplies or services to be acquired.  Include quantities.

   (a)(2) NPGNPR 7120.5 shall be an integral part of acquisition planning for programs and projects subject to its requirements.  If the NPGNPR does not apply, the acquisition plan shall clearly state that fact.  If the NPGNPR does apply, specify whether all required NPGNPR 7120.5 documentation is current and approved (see 1804.7301(b)(2)(i)).  If not, describe the approach for obtaining approval or the authority to proceed without approval before release of draft or final solicitations. For programs and projects under the NPGNPR, all draft or final solicitations subject to, or directly or substantially in support of, those programs or projects shall clearly identify the program or project of which they are part.

   (a)(3) Identify the estimated cost and describe the estimating methodology.

   (a)(5) Specify the delivery or performance period requirements separately by the basic contract, each option, and the total.  Provide supporting rationale, which describes the relationship between the technical requirements and the proposed period of performance, including the basis for the decision regarding duration and the appropriateness of the inclusion of options. 

   (a)(7) Discuss project/program risks (see NPGNPR 7120.5, NASA Program and Project Management Processes and Requirements).  In addition to technical, schedule, and cost risks, the discussion shall include such considerations as: safety and security  (including personnel, information technology, and facilities/property); the need to involve foreign sources (contractor and/or governmental), and risks of unauthorized technology transfer (see NPD 2110.1D and Export Control Program (http://www.hq.nasa.gov/office/codei/nasaecp/ecpolicy.html)); and resource risk, including the necessary level and expertise of NASA personnel resources available to manage the project/program.  For each area of risk identified, the discussion shall include a quantification of the relative magnitude (e.g., high, medium, low) together with the specific actions taken to structure the acquisition approach to manage the risks throughout the acquisition process.   For example, this discussion would identify those areas that have safety risk, discuss how safety is addressed in contract requirements and evaluated in the source selection, and how it will be managed and incentivized during contract performance.  Decisions to accept, mitigate, track, and/or research risk factors shall be identified and documented as part of acquisition planning.

   (a)(8) Streamlining applies to all NASA acquisitions.  Describe all planned streamlining procedures.

   (b)(3) Address how cost realism will be evaluated.

   (b)(4)(A) If an incentive contract is planned, describe the planned incentive(s) and the anticipated effects.

            (B) Describe subcontracting issues, including all applicable subcontracting goals.  (See FAR Part 19 and Part 1819).

   (b)(5)(A) Identify the estimated cost separately by the basic contract, each option and total amount.

            (B) Identify the funding by fiscal year and unique project number (UPN).

            (C) Discuss planned approaches to eliminate funding shortfalls (vs. the estimated cost).

   (b)(6) Identify the type of work statement/specification planned.  Specifically address the applicability of performance-based requirement descriptions and the availability of commercial sources for the supplies/services.

   (b)(10) Address contract management issues, including --

            (A) Planned delegations of administrative functions; and

            (B) When contract changes are anticipated, the plan to manage such changes and the specific measures that will be taken to minimize the issuance of undefinitized contract actions.

(b) (20)  If the period between release of solicitation to contract award is more than 120 calendar days (180 days for formal SEB competitions), explain why that goal cannot be met.

 

1807.107  Additional requirements for acquisitions involving bundling.

   (c)  Requests for approval of proposed bundlings that do not meet the thresholds in FAR 7.107(b) must be sent to the Headquarters Office of Procurement (Code HS).

   (e)  The substantial bundling documentation requirements applies to each proposed NASA bundling expected to exceed $5 million or more.  The contracting officer must forward the documentation along with the measurable benefits analysis required by FAR 7.107(b) to the Headquarters Office of Procurement (Code HS) in sufficient time to allow a minimum of 10 days for review.

 

1807.107-70  Orders against Federal Supply Schedule contracts or other indefinite-delivery contracts awarded by another agency.

   The FAR and NFS requirements for justification, review, and approval of bundling of contract requirements also apply to an order from a Federal Supply Schedule contract or other indefinite-delivery contract awarded by another agency if the requirements consolidated under the order meet the definition of "bundling" at FAR 2.101.1807.107-70  Orders against Federal Supply Schedule contracts, Governmentwide  acquisition contracts (GWACs), or other existing indefinite-delivery contracts.

The FAR and NFS requirements for justification, review, and approval of bundling of contract requirements also apply to an order from a Federal Supply Schedule contract, Governmentwide acquisition contract, or other indefinite-delivery contract if the requirements consolidated under the order meet the definition of "bundling" at FAR 2.101.

 

1807.170  Acquisition Strategy Meeting (ASM).

   (a)  The ASM is an acquisition plan conducted through a meeting attended by all interested NASA offices.  The online Guide for Successful Headquarters Acquisition Strategy Meetings (ASMs) can be found at the following URL: http://ec.msfc.nasa.gov/hq/library/ASMs.html.  At the meeting, the acquisition plan topics and structure specified in 1807.105 are presented in briefing format, and formal written minutes prepared to summarize the decisions, actions, and conclusions of the ASM members.  The approved minutes, along with the briefing charts, shall be included in the contract file to document completion of the acquisition plan required by 1807.103.

   (b)  The ASM is not a requirements definition meeting.  It is a meeting to seek approval for the proposed acquisition approach for requirements that were previously defined and agreed to by the cognizant offices.

   (c)  Headquarters ASMs will be chaired by the Assistant Administrator for Procurement or designee.  The Headquarters Office of Procurement (Code HS) will prepare the minutes of  Headquarters ASMs and distribute them to all attendees for review prior to approval by the ASM chairperson.

   (d)  For field installation ASMs, the minutes shall be approved in accordance with installation procedures.

 

Subpart 1807.2--Planning for the Purchase of Supplies in Economic Quantities

  

1807.204  Responsibilities of contracting officers.

   (a)  The contracting officer shall transmit in writing to the cognizant inventory management/requirements office either the actual offeror responses or a summary of their salient points.  The transmittal should be made within five working days after the closing date for receipt of offers; however, if a response indicates the potential for a significant savings, it should be transmitted immediately.

Subpart 1807.3--Contractor Versus Government Performance

 

1807.307  Appeals.

  (a)  Installations shall establish appeals procedures in accordance with NMI 7410.3, Delegation of Authority for Acquisition of Commercial Activities for NASA's Use.

 

Subpart 1807.5--Inherently Governmental Functions

 

1807.503  Policy.

   (e)  The field installation requirements office shall provide the contracting officer the written determination that none of the statement of work tasks are inherently governmental.  Disagreements regarding the determination shall be resolved in accordance with installation procedures.  

 

Subpart 1807.70--Consolidated Contracting

 

1807.7000  General.

   The Consolidated Contracting Initiative (CCI) is NASA’s commitment to the cooperative creation and utilization of contracts, whenever practicable, to meet common Agency needs.        CCI aims at improving acquisition efficiency by identifying and logically combining similar requirements.  Complete information on the initiative, with its implementation guidance, is available in the internet (http://prod.nais.nasa.gov/cgi-bin/cci/first.cgi).

 

Subpart 1807.71--Master Buy Plan

 

1807.7100  General.

   The Master Buy Plan provides information on planned acquisitions to enable management to focus its attention on a representative selection of high-dollar-value and otherwise sensitive acquisitions.

 

1807.7101  Applicability.

   (a)  The Master Buy Plan applies to each negotiated acquisition, including supplemental agreements, and acquisitions through or from other Government agencies, where the dollar value, including the aggregate amount of options, follow-on acquisitions, or later phases of multi-phase acquisitions, is expected to equal or exceed $50,000,000.

   (b)  For initial annual Master Buy Plan submission only, each installation shall submit its three largest acquisitions regardless of dollar value and all acquisitions over $50,000,000.

   (c)  The procedure also applies to:

         (1)  Any supplemental agreement that contains either new work, a debit change order, or a credit change order (or any combination/ consolidation thereof), if the absolute value of the actions equals or exceeds $50,000,000 (e.g., the absolute value of a supplemental agreement adding $30,000,000 of new work and deleting $30,000,000 of work is $60,000,000, and is therefore subject to the Master Buy Plan).

         (2)  Any supplement agreement that contains one or more elements (new work and/or individual change orders) of a sensitive nature that, in the judgment of the installation or Headquarters, warrants Headquarters consideration under the Master Buy Plan, even though the value does not equal or exceed $50,000,000.

         (3)  Any cooperative agreement notice where the total value (the Government's contribution plus the contribution of the recipient) of any resulting cooperative agreement is expected to equal or exceed $50,000,000.

         (4)  Any acquisition designated by NASA Headquarters regardless of its value.

   (d)  The Master Buy Plan does not apply to incremental funding actions or termination settlement agreements.

 

1807.7102  Submission, selection, and notification procedures.

 

1807.7102-1  Submission of Master Buy Plan.

   (a)  Prior to July 15th of every year, each installation shall submit to the Headquarters Office of Procurement (Code HS) a Master Buy Plan (electronically or original and eight copies) for the next fiscal year, listing every known acquisition that (1) meets the criteria in 1807.7101, (2) is expected to be initiated in that fiscal year, and (3) has not been included in a previous Master Buy Plan or amendment to a Master Buy Plan.

   (b)  The fiscal year Master Buy Plan shall list all uncompleted acquisitions selected for Headquarters review and approval from prior Master Buy Plans and amendments to Master Buy Plans.  These acquisitions should be listed by the appropriate fiscal year Master Buy Plan and individual item numbers, and should indicate the current status of the individual acquisition documents previously selected for Headquarters review and approval.

   (c)  Plans shall be prepared in accordance with 1807.7103 and shall identify the individual acquisition documents involved for every acquisition listed.  Acquisition documents that may require Headquarters approval will be held in abeyance until receipt of the notification required by 1807.7102-3.  This is not to preclude the planning for or initiation of such documents up to that point where Headquarters approval may be required.

 

1807.7102-2  Submission of amendments to the Master Buy Plan.

   (a)  Acquisitions identified by installations after submission of their Master Buy Plan and meeting the criteria in 1807.7102-1(a) shall be submitted to Headquarters in accordance with 1807.7103 and identified as an amendment to the fiscal year Master Buy Plan submission. 

   (b)  Master Buy Plan submissions should not be accomplished after the fact.  Amendments shall be submitted sufficiently in advance of contract award date to allow Headquarters to select those acquisition documents that will be subject to Headquarters review and approval without creating an unacceptable delay in contract placement.

   (c)  When timely submittal is not possible, the installation shall provide with the amendment a narrative explaining the circumstances leading to the late submittal.  A Master Buy Plan submission for a contract change order expected to meet the criteria in 1807.7101 shall be submitted to Headquarters immediately upon issuance of the change order.

 

1807.7102-3  Selection and notification procedures.

   (a)  The Headquarters Office of Procurement (Code HS) shall select acquisition documents from the Master Buy Plan and amendments to Master Buy Plans to receive Headquarters review and approval and shall designate source selection officials.

   (b)  When, subsequent to document selection or delegation, an acquisition is changed (for example, increase or decrease in dollar amount, change in requirement), canceled, superseded, deferred, or becomes no longer subject to the Master Buy Plan procedures in accordance with the criteria in 1807.7101, the installation shall immediately notify Code HS, giving the reasons.  Code HS shall notify the installation's procurement office in writing of any further action that may be required.

   (c)  Acquisition documents not selected for Headquarters review will be subject to after-the-fact reviews by Headquarters during normal procurement management surveys or other special reviews. Acquisition delegations may subsequently be rescinded if a Headquarters review is deemed appropriate.

 

1807.7103  Format of Master Buy Plan.

   In accordance with the requirements of 1807.7102-1 and 1807.7102-2, installations must prepare Master Buy Plans and amendments to Master Buy Plans in accordance with the Master Buy Plan  Database (MBPD) instructions at http://www.hq.nasa.gov/office/procurement/regs/Table1807.doc and submit them in accordance with the MBPD User Manual Instructions listed at http://ec.msfc.nasa.gov/hq/library/masterbuyplan.pdf.

 

Subpart 1807.72--Acquisition Forecasting

 

1807.7200  Policy.

   (a) As required by the Business Opportunity Development Reform Act of 1988, it is NASA

policy to –

         (1) Prepare an annual forecast and semiannual update of expected contract opportunities or classes of contract opportunities for each fiscal year;

         (2) Include in the forecast contract opportunities that small business concerns, including those owned and controlled by socially and economically disadvantaged individuals, may be capable of performing; and

         (3) Make available such forecasts to the public.

   (b) The annual forecast and semiannual update are available on the NASA Acquisition Internet

Service (http://www.hq.nasa.gov/office/procurement/).

1807.7200  Scope of subpart.

  This subpart prescribes the acquisition forecasting procedure required to comply with the Business Opportunity Development Reform Act of 1988.

 

1807.7201  Definitions.

   "Class of contracts" means a grouping of acquisitions, either by dollar value or by the nature of supplies and services to be acquired.

   "Contract opportunity" means planned new contract awards exceeding $25,000.

 

1807.7202  Policy.

  As required by statute, it is NASA policy to (a) prepare an annual forecast and semiannual update of expected contract opportunities or classes of contract opportunities for each fiscal year; (b) include in the forecast contract opportunities that small business concerns, including those owned and controlled by socially and economically disadvantaged individuals, may be capable of performing; and (c) make available such forecasts to the public.

 

 

1807.7203  7202  Responsibilities.

   (a)  NASA Procurement Officers shall post the data required by 1807.7204 7203 directly to the NASA Acquisition Internet Service not later than October 1 for the annual forecast and April 15 for the semiannual update.

   (b)  Code HS will manage policy and monitor compliance with the NASA Acquisition Forecast process.

1807.7204  7203  Forecast data.

   (a)  The annual forecast shall contain --

         (1)  Summary historical data (based on information provided by the Headquarters Office of Procurement (Codes HC and HS)) on the class of contract opportunities below the simplified acquisition threshold;

         (2)  Identification of all known contract opportunities in excess of the simplified acquisition threshold.  Each such action should be identified as one of the three broad categories of acquisition -- Research and Development, Services, or Supplies and Equipment and shall include the following information:

               (i)  A brief description not to exceed ten typed lines;

               (ii) Approximate dollar value within the following dollar ranges:  $100,000 to $1,000,000; $1,000,000 to $5,000,000; and over $5,000,000;

               (iii) Anticipated time (by fiscal year quarter) for the issuance of the solicitation;

               (iv)  Identification if it is reserved for performance by small business concerns including those owned and controlled by socially and economically disadvantaged individuals;

               (v)  Identification as competitive or noncompetitive; and

               (vi) Identification and telephone number of a center point of contact.

   (b)  The semiannual report shall be an update of the data provided by the annual forecast.  This update should provide information on new requirements not previously reported and on changes in data related to actions previously identified.


1807.7205  Public availability.

   The annual forecast and semiannual update are available on the NASA Acquisition Internet Service   (http://www.hq.nasa.gov/office/procurement/).

 


   If the survey will be performed for NASA by a DOD agency, the SF 1403 request is to be sent to the appropriate office shown in the DOD Directory of Contract Administration Services Components, DLAH 4105.4, Attn:  Preaward Survey Monitor.  DOD normally allows seven working days in which to conduct a full survey and submit the report to the requesting agency.

 

1809.106-70  Preaward surveys performed by NASA installations.

   In discussions with representatives of the company being surveyed, NASA preaward survey team members shall not refer to or comment on the possibility of award to the prospective contractor. This does not preclude discussion with a prospective contractor of questionable areas that require clarification. Information obtained during the survey will be treated in strict confidence and divulged only to those Government representatives having a need to know.

 

Subpart 1809.2--Qualifications Requirements

 

1809.200  Scope of subpart.

   This subpart prescribes policies and procedures to be followed in the use of qualified products lists for acquisition of parts consistent with the policies of NASA Policy Directive 8730.2, NASA Parts Policy.

 

1809.202  Policy.

   (a)  Authority regarding agency head actions under FAR 9.202(a) is delegated to the cognizant technical activity, with approval by the installation's competition advocate.

   (e)  The approval authority of FAR 9.202(e) is delegated to the installation's competition advocate.  Requests shall be prepared by the cognizant requirements office and submitted via the procurement officer.

 

1809.203  QPL's, QML's and QBL's.

 

1809.203-70  General.

   (a)  The Deputy Associate Administrator for the Office of Safety and Mission Assurance (Code Q), is responsible for justifying, determining, and approving NASA's need for inclusion and continued use of qualification requirements in specifications under the NASA EEE Parts and Advanced Interconnect Program.

 

1809.203-71  Waiver of qualification requirements.

   When acquiring a product under a specification that includes qualification requirements either for the end item or for components of the end item, the NASA installation conducting the acquisition can waive the qualification requirements.  Directing a waiver of the end item qualification requirement constitutes adequate authorization for waiver of product qualification requirements.  When a waiver has been granted, the solicitation shall specifically indicate that the qualification requirement is inapplicable.  Such information shall also be included in any synopsis of the acquisition (see FAR Subpart 5.2).

 

1809.206  Acquisitions subject to qualification requirements.

 

1809.206-1  General.

   (b)(i) The authority to determine that an emergency exists is delegated to the installation's competition advocate.  Requests for determination shall be prepared by the cognizant requirements office and submitted through the procurement officer.

         (ii) Requests not to enforce a qualification requirement in a nonemergency situation shall be prepared by the cognizant requirements office and approved by the Headquarters Office of Safety and Mission Assurance (Code Q). 

   (c)  If an offeror seeks to demonstrate its capability, both the product and the producer must meet the established standards.

 

1809.206-70  Small businesses.

   If a small business otherwise eligible for award has been placed in a special status on a Qualified Products List (Mil-Bul-103) or the Qualified Manufacturers List (QML-38510) established as a part of the NASA Microelectronics Reliability Program and the contracting officer determines that the small business does not appear to have the capacity to perform, the certificate of competency procedures in FAR Subpart 19.6 are applicable.

 

1809.206-71  Contract clause.

   When qualified products (end items or components of end items) are being procured, the contracting officer shall insert the clause at 1852.209-70, Product Removal from Qualified Products List, in the solicitation and in the resulting contract.

 

Subpart 1809.4--Debarment, Suspension, and Ineligibility

 

1809.403   Definitions.

   For purposes of FAR Subpart 9.4 and this subpart, the Assistant Administrator for Procurement is the "debarring official," the "suspending official," and the agency head's "designee."

 

1809.404  List of Parties Excluded from Federal Procurement and Nonprocurement   Programs.

(c)  The Office of Procurement (Code HK)  is responsible for taking the actions listed in FAR 9.404(c).

   (d)(1) Installation procurement offices shall notify Code HK of how many copies of the List they want and provide a single mailing address at the installation.  Code HK will place the order for the copies which will be mailed directly to the installation.  Electronic access is also available as described in the List.

 

1809.405  Effect of listing.

   ((a) If it is believed that a new contract or subcontract must be awarded to a firm on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, the procurement officer shall prepare a request for a determination with all necessary supporting information and forward it to the Assistant Administrator for Procurement (Code HK) for approval.

 

1809.405-1  Continuation of current contracts.

(c)    Approval of contract renewals or extensions shall be requested in accordance with 1809.405.

(c)

PART 1811

DESCRIBING AGENCY NEEDS

 

TABLE OF CONTENTS

1811.002                                 Policy.

 

SUBPART      1811.1            SELECTING AND DEVELOPING REQUIREMENTS

                                                 DOCUMENTS

1811.101                                 Order of precedence for requirements documents.  

1811.107                             Solicitation provisions.

 

SUBPART      1811.4           DELIVERY OR PERFORMANCE SCHEDULES

1811.403                             Supplies or services.

1811.403-70                        Packaging, handling, and transportation

1811.404                             Contract clauses.

1811.404-70                        NASA contract clauses

 

SUBPART      1811.5           LIQUIDATED DAMAGES

1811.501                                Policy.

 

SUBPART      1811.6           PRIORITIES AND ALLOCATIONS

1811.600                                 Scope of subpart.

1811.602                                General.

1811.603                                Procedures.

 

PART 1811

DESCRIBING AGENCY NEEDS

 

1811.002  Policy.

   (b)  Implementation of the Metric Conversion Act of 1975, as amended, must be in accordance with NPD 8010.2B, Use of the Metric System of Measurements in NASA Programs.

 

Subpart 1811.1--Selecting and Developing Requirements Documents

 

1811.101  Order of precedence for requirements documents.

   (a) Safeguards to ensure safety, security, and environmental protection must be included, as applicable, in requirements documents.

  (b)(1) Requirements for the use of energy efficient motor vehicles will be established in accordance with NPG NPR 6200.1, “NASA Transportation and General Traffic Management”.

   (b)(2) Requirements for the use of environmentally preferable products will be established in accordance with NPG NPR 8830.1, “Affirmative Procurement Plan for Environmentally Preferable Products.”  Requirements for the use of energy and water efficient products and the use of renewable energy technology will be established in accordance with NPG NPR 8570.1, “Energy Efficiency and Water Conservation Technologies and Practices.”

 

1811.107  Solicitation provisions.

   (b)  NASA uses the categorical method to report its use of voluntary consensus standards.  Therefore, use of the provisions at 52.211-7 is not required.  However, contracting officers must include in draft RFPs (DRFPs) the information required by 1815.201(c)(6)(A).

 

Subpart 1811.4--Delivery or Performance Schedules

 

1811.403  Supplies or services.

   (a)(3) Contract delivery or perfor­mance schedules must not be express­ed in terms of a notice of award.  A notice of award as a specific docu­ment, separate from the award docu­ment itself, is not a contractual document and shall not be used as a reference point for contract perfor­mance.  See 1814.­408 for additional information on notices of award.

 

1811.403-70  Packaging, handling, and transportation.

   (a)  NPRG 6000.1E, "Requirements for Packaging, Handling, and Transportation for Aeronautical and Space Systems, Equipment, and Associated Components" provides guidance for shipment of certain NASA items.

   (b)  Contracting officers, with the advice of the requiring activity and the Center Transportation Officer, must include a designation of each deliverable item, or groupings of deliverable items, as Class I, II, III, or IV for the purposes of contractor compliance with the NPGNPR.

 

1811.404  Contract clauses.

   (a)(2)  FAR 52.211-8, Time of Deliv­ery, Alter­nates II and III, must not be used in NASA contracts.

       (3)  FAR 52.211-9, Desired and Re­quired Time of Delivery, Alternates II and III, must not be used in NASA contracts.

 

1811.404-70  NASA contract clauses.

   The clause at 1852.211-70, Packaging, Handling, and Transportation, must be included in solicitations for contracts for deliverable items, including software, designated as Class I (mission essential), Class II (delicate or sensitive), or Class III (requires special handling or monitoring).

 

Subpart 1811.5--Liquidated Damages

 

1811.501  Policy.

   (d)  The procurement officer must forward recom­menda­tions concerning remission of liquidated damages to the Headquarters Office of Procure­ment (Code HS).

 

Subpart 1811.6--Priorities and Allocations

 

1811.600 Scope of subpart.

 The Defense Priorities and Allocations System (15 CFR Part 700) may be viewed at http://www.doc-bxa.bmpcoe.org/dpas-docs/dpasreg.pdf.

 

1811.602  General.



PART 1814

SEALED BIDDING

 

TABLE OF CONTENTS

 

SUBPART     1814.2             SOLICITATION OF BIDS

    1814.201                             Preparation of invitations for bids.

    1814.201-5                        Part IV--Representations and instructions.

    1814.201-6                        Solicitation provisions.

    1814.201-670                    NASA solicitation provisions.

 

SUBPART     1814.3            SUBMISSION OF BIDS

    1814.302                             Bid submission.

 

SUBPART     1814.4            OPENING OF BIDS AND AWARD OF CONTRACT

    1814.404                            Rejection of bids.

    1814.404-1                        Cancellation of invitations after opening.

    1814.407                            Mistakes in bids.

    1814.407-3                        Other mistakes disclosed before award.

    1814.407-4                        Mistakes after award.

    1814.408                            Award.

    1814.408-170                    General.

 

PART 1814

SEALED BIDDING

 

Subpart 1814.2--Solicitation of Bids

 

1814.201 Preparation of invitations for bids.

 

1814.201-5 Part IV -- Representations and instructions.

   (c) Section M, Evaluation factors for award.

      (i) The contracting officer shall state if award is to be made in the aggre­gate (all-or-none basis) or by specified groups of items.

      (ii)  If bidders are required to have spe­cial technical qualifications because of the complexity of the equipment being pur­chased or for some other reason, the con­tracting officer shall state those qualifica­tions.

 

1814.201-6 Solicitation provisions.

 

1814.201-670 NASA solicitation provisions.

   (a)The contracting officer shall insert the provi­sion at 1852.214-70,  Caution to Offerors Furnishing Descriptive Literature, in invitations for bids.  See  FAR 52.214-21, Descriptive Literature.

   (b) The contracting officer shall insert the provi­sion at 1852.214-71, Grouping for Aggregate Award, in invitations for bids, except for construc­tion, when it is in the Govern­ment's best interest not to make award for less than specified quantities solicited for certain items or groupings of certain items.   Insert the item numbers and/or descriptions applica­ble for the particular procure­ment.

   (c)The contracting officer shall insert the provi­sion at 1852.214-72, Full Quanti­ties, in invita­tions for bids, except for construction, when it is in the Govern­ment's best interest not to make award for less than the full quantities solicited.

   (d) If a pre-bid conference is planned, the contract­ing officer shall insert the provision at 1852.215-77, Preproposal/Pre-bid Conference.  See 1815.209-70(a).

 

Subpart 1814.3--Submission of Bids

 

1814.302 Bid submission.

   (b) NASA contracting officers shall not consider telegraph­ic bids commu­nicat­ed by tele­phone.

 

Subpart 1814.4--Opening of Bids and Award of Contract

 

1814.404 Rejection of bids.

 

1814.404-1 Cancellation of invitations after opening.

   (c) The authority to make the determi­na­tion at FAR 14.404-1(c) is delegated to the contracting officer, except as provided in paragraph (e)(1) of this subsection.

   (e)(1)  A determination that includes an autho­ri­zation to complete the acquisition through negotia­tion shall be m­ade by the procurement officer, in consulta­tion with the chief counsel.

 

1814.407 Mistakes in bids.

 

1814.407-3 Other mistakes disclosed be­fore award. 

   (e) Procurement officers are authorized to make the determinations under FAR 14.407-3(a), (b), (c) and (d).

 

1814.407-4 Mistakes after award.

   (d) Determinations shall be made by the procure­ment officer.

 

1814.408 Award.

 

1814.408-170 General.

   (a1) A notice of award as a specific document is used when the contracting officer needs to inform a responsible bidder that its offer was determined to be the most advantageous to the Government

(con­sidering only price and price-related factors) and that the formal award will be made upon satisfaction of specified pre-performance conditions.

   (b2) The notice of award is not a contractual instru­ment.  It does not authorize the successful bidder to perform and, in itself, does not obligate the Govern­ment to award a contractual document.  Its limited purpose is to provide:  evidence of the Governme­nt's selection of the successful bidder; instruction to that bidder to satisfy specified pre-performance conditions; and a statement that the Government intends to award the contract to the successful bidder upon satisfaction of these conditions if a contract is awarded as a result of the invitation for bids.

   (c3) Use of a notice of award is optional.  The contracting officer may issue the award document itself without first issuing a notice of award.  How­ever, there are instances when a notice of award should be considered, for example, in construction contracts where performance or payment bonds are required.  In such cases, the most cost effective technique is to require only the successful bidder to provide the necessary bonds.  The notice of award advises the successful bidder to provide the bonds, and it also serves as formal evidence from the Government of the impending award if such evi­dence is required to secure the bonds.

   (d4) The notice of award shall not be issued unless bids have been evaluated and a selection made, and a definitive contract document is ready for execution upon satisfaction of the conditions specified in the notice.  Upon satisfaction of these conditions, the approved and executed contract instrument shall be provided to the successful bidder.

   (e5) Since the notice of award is not a contractual document authorizing performance, the period of performance of the resultant contract shall not be based on the date of issuance or receipt of the notice of award.  The period of performance specified in the contract shall be based on some other reference point, such as the date the contract is provided to the successful bidder, a mutually agreeable effective date or a later authorization to proceed date.

   (6f) The notice of award can be issued by any formal written means such as a letter, telegram or electronic means.  The notice should be substantially the same as the following format.

Format

   Subject: Notice of Award--Invitation for Bids (IFB)(    a    1    ).  This notice is to advise you that your bid (    b    2    ) in response to the subject IFB has been determined to be the most advantageous to the Government (considering only price and price-related factors).  It is the Government's intention to award  you  a  contract  in  the  amount of (    c    3    ) for this effort pending satisfaction of the following pre-performance conditions:

(    d    4   )

   Evidence (    e    5   ) of satisfaction of these conditions must be provided to the contracting officer by (    f    6   ).  In the event these conditions are not satisfied by this date, the Government reserves the right to award the contract to the bidder who submitted the next most advantageous bid.

   Please note that this notice of award is not a contractual document.  It does not obligate the Government to award you, or any other bidder, a contract relative to the subject IFB, and it does not authorize you to proceed with contract performance or incur costs pursuant to such performance.  Any costs incurred for contract performance prior to your receipt of a fully executed contract document are at your own risk and are not recoverable under any Government contract should the Government fail, for whatever reason, to award you a contract in response to the subject IFB.

   If a contract is awarded after evidence of satis­faction of the pre-performance conditions listed above is provided to the contracting officer by the specified due date, the date of commencement of work will be provided with the formal award.  This date will be based on (    g    7    ).

   Notes -- The contracting officer shall insert, where shown, the following information:

   (a1)  Identification of the IFB by number and title.

   (2b)  Identification of the contractor's bid.

   (3c)  The award price.

   (4d)  The preperformance conditions (e.g., any required payment and performance bonds).

   (5e)  The evidence required to satisfy the pre-performance conditions (e.g., the actual payment and perfor­mance bonds).

   (6f)  The date by which the evidence must be provided to the contracting officer.

   (7g)  Identification of the date for commencement of performance.  The period of performance of the contract shall not be based on the date of issuance or receipt of the notice of award.  It shall be based on the date the contract is provided to the successful bidder, a mutually agreeable effective date, or a later authorization to proceed date.



each portion of the proposal.  Unless a different limitation is approved in writing by the procurement officer, the total initial proposal, excluding title pages, tables of content, and cost/price information, shall not exceed 500 pages using the page definition of 1815.204-70(a).  Firm page limitations shall also be established for final proposal revisions, if requested.  The appropriate page limitations for final proposal revisions should be determined by considering the complexity of the acquisition and the extent of any discussions.  The same page limitations shall apply to all offerors.  Pages submitted in excess of specified limitations will not be evaluated by the Government and will be returned to the offeror.

 

1815.207 Handling proposals and information.

 

1815.207-70 Release of proposal information.

   (a) NASA personnel participating in any way in the evaluation may not reveal any information concerning the evaluation to anyone not also participating, and then only to the extent that the information is required in connection with the evaluation.  When non-NASA personnel participate, they shall be instructed to observe these restrictions. 

   (b)(1) Except as provided in paragraph (b)(2) of this section, the procurement officer is the approval authority to disclose proposal information outside the Government.  If outside evaluators are involved, this authorization may be granted only after compliance with FAR 37.2 and 1837.204, except that the determination of unavailability of Government personnel required by FAR 37.2 is not required for disclosure of proposal information to JPL employees.

       (2) Proposal information in the following classes of proposals may be disclosed with the prior written approval of a NASA official one level above the NASA program official responsible for the overall conduct of the evaluation.  If outside evaluators are involved, the determination of unavailability of Government personnel required by FAR 37.2 is not required for disclosure in these instances.

            (i) Proposals submitted in response to broad agency announcements such as Announcements of Opportunity and NASA Research Announcements;

            (ii) Unsolicited proposals; and

            (iii) SBIR and STTR proposals.

       (3) If JPL personnel, in evaluating proposal information released to them by NASA, require assistance from non-JPL, non-Government evaluators, JPL must obtain written approval to release the information in accordance with paragraphs (b)(1) and (b)(2) of this section.

 

1815.207-71 Appointing non-Government evaluators as special Government employees.

   (a) Except as provided in paragraph (c) of this section, non-Government evaluators, except employees of JPL, shall be appointed as special Government employees.

   (b) Appointment as a special Government employee is a separate action from the approval required by paragraph 1815.207-70(b) and may be processed concurrently.  Appointment as a special Government employee shall be made by:

       (1) the NASA Headquarters personnel office when the release of proposal information is to be made by a NASA Headquarters office; or

       (2) the installation personnel office when the release of proposal information is to be made by the installation.

   (c) Non-Government evaluators need not be appointed as special Government employees when they evaluate:

       (1) Proposals submitted in response to broad agency announcements such as Announcements of Opportunity and NASA Research Announcements;

       (2) Unsolicited proposals; and

       (3) SBIR and STTR proposals.

 

1815.208 Submission, modification, revision, and withdrawal of proposals.

   (b) The FAR late proposal criteria do not apply to Announcements of Opportunity,  (see 1872.705-1 paragraph VII), NASA Research Announcements (see 1852.235-72), and Small Business Innovative Research (SBIR) Phase I and Phase II solicitations, and Small Business Technology Transfer (STTR) solicitations.  For these solicitations, proposals or proposal modifications received from qualified firms after the latest date specified for receipt may be considered if a significant reduction in cost to the Government is probable or if there are significant technical advantages, as compared with proposals previously received.  In such cases, the project office shall investigate the circumstances surrounding the late submission, evaluate its content, and submit written recommendations and findings to the selection official or a designee as to whether there is an advantage to the Government in considering it.  The selection official or a designee shall determine whether to consider the late submission.

 

1815.209 Solicitation provisions and contract clauses.

   (a) The contracting officer shall insert FAR 52.215-1 in all competitive negotiated solicitations.

 

1815.209-70 NASA solicitation provisions.

   (a) The contracting officer shall insert the provision at 1852.215-77, Preproposal/Pre-bid Conference, in competitive requests for proposals and invitations for bids where the Government intends to conduct a preproposal or pre-bid conference.  Insert the appropriate specific information relating to the conference.

  (b) When it is not in the Government’s best interest to make award for less than the specified quantities solicited for certain items or groupings of items, the contracting officer shall insert the provision at 1852.214-71, Grouping for Aggregate Award.  See 1814.201-670(b).

  (c) When award will be made only on the full quantities solicited, the contracting officer

shall insert the provision at 1852.214-72, Full Quantities.  See 1814.201-670(c).

   (d) The contracting officer shall insert the provision at 1852.215-81, Proposal Page Limitations, in all competitive requests for proposals.

 

Subpart 1815. 3--Source Selection

 

1815.300 Scope of subpart.

 

1815.300-70 Applicability of subpart.

   (a)(1) Except as indicated in paragraph (b) of this section, NASA competitive negotiated acquisitions shall be conducted as follows:

            (i) Acquisitions of $50 million or more -- in accordance with FAR 15.3 and this subpart.

            (ii) Other acquisitions -- in accordance with FAR 15.3 and this subpart except section 1815.370.

       (2) Estimated dollar values of acquisitions shall include the values of multiple awards, options, and later phases of the same project.

   (b) FAR 15. 3 and this subpart are not applicable to acquisitions conducted under the following procedures:

       (1) MidRange (see Part 1871).

       (2) Announcements of Opportunity (see Part 1872).

       (3) NASA Research Announcements (see 1835.016-71).

       (4) The Small Business Innovative Research (SBIR) program and the Small Business Technology Transfer (STTR) pilot program under the authority of the Small Business Act (15 U.S.C. 638).

       (5) Architect and Engineering (A&E) services (see FAR 36.6 and 1836.6).

 

1815.303 Responsibilities.

   (a) The SSA shall be established at the lowest reasonable level for each acquisition. Notwithstanding the FAR designation of the contracting officer as SSA, the SSA for center acquisitions shall be established  in accordance with center procedures.  For acquisitions designated

as Headquarters selections, the SSA will be identified as part of the Master Buy Plan process (see 1807.71).

   (b)(i) The source selection authority (SSA) is the Agency official responsible for proper and efficient conduct of the source selection process and for making the final source selection decision. The SSA has the following responsibilities in addition to those listed in the FAR:

            (A) Approve the evaluation factors, subfactors, the weight of the evaluation factors and subfactors, and any special standards of responsibility (see FAR 9.104-2) before release of the RFP, or delegate this authority to appropriate management personnel;

            (B) Appoint the source selection team.  However, when the Administrator will serve as the SSA, the Official-in-Charge of the cognizant Headquarters Program Office will appoint the team; and

            (C) Provide the source selection team with appropriate guidance and special instructions to conduct the evaluation and selection procedures.

   (b)(2) Approval authorities for Acquisition Plans and Acquisition Strategy Meetings are in accordance with 1807.103.

 

1815.304 Evaluation factors and significant subfactors.

   (c)(4)(A) The extent of participation of small disadvantaged business (SDB) concerns shall be evaluated as a subfactor under the Mission Suitability factor.  If a Mission Suitability factor is not used, the SDB participation shall be evaluated as a separate factor or subfactor, as appropriate.

            (B) SDB concerns that choose the FAR 19.11 price evaluation adjustment shall receive the lowest possible score/rating under the FAR 15.304(c)(4) evaluation.

 

  1815.304-70 NASA evaluation factors.

   (a) Typically, NASA establishes three evaluation factors:  Mission Suitability, Cost/Price, and Past Performance.  Evaluation factors may be further defined by subfactors.  Evaluation subfactors should be structured to identify significant discriminators, or "key swingers" - the essential information required to support a source selection decision.  Too many subfactors undermine effective proposal evaluation.  All evaluation subfactors should be clearly defined to avoid overlap and redundancy.

   (b) Mission Suitability factor.

       (1) This factor indicates the merit or excellence of the work to be performed or product to be delivered.  It includes, as appropriate, both technical and management subfactors.  Mission Suitability shall be numerically weighted and scored on a 1000-point scale. 

       (2) The Mission Suitability factor may identify evaluation subfactors to further define the content of the factor.  Each Mission Suitability subfactor shall be weighted and scored.  The adjectival rating percentages in 1815.305(a)(3)(A) shall be applied to the subfactor weight to determine the point score.  The number of Mission Suitability subfactors is limited to five.  The Mission Suitability evaluation subfactors and their weights shall be identified in the RFP.

       (3) For cost reimbursement acquisitions, the Mission Suitability evaluation shall also include the results of any cost realism analysis.  The RFP shall notify offerors that the realism of proposed costs may significantly affect their Mission Suitability scores.

       (4) If the solicitation requires the submission of a Safety and Health Plan (see 1823.7001(c) and NPGNPR 8715.3, NASA Safety Manual, Appendix H), safety and health must be a consideration in the evaluation.  For acquisitions valued at $10 million or more, or  $25 million or more for commercial items, then the Mission Suitability factor, if used, shall include a subfactor for safety and health.  Otherwise, use of that subfactor is optional.

   (c) Cost/Price factor.  This factor evaluates the reasonableness and, if necessary, the cost realism, of proposed costs/prices.  The Cost/Price factor is not numerically weighted or scored.

   (d) Past Performance factor.

       (1) This factor indicates the relevant quantitative and qualitative aspects of each offeror's record of performing services or delivering products similar in size, content, and complexity to the requirements of the instant acquisition.

       (2) The RFP shall instruct offerors to submit data (including data from relevant Federal, State, and local governments and private contracts) that can be used to evaluate their past performance.  Typically, the RFP will require:

            (i) A list of contracts similar in size, content, and complexity to the instant acquisition, showing each contract number, the type of contract, a brief description of the work, and a point of contact from the organization placing the contract.  Normally, the requested contracts are limited to those received in the last three years.  However, in acquisitions that require longer periods to demonstrate performance quality, such as hardware development, the time period should be tailored accordingly.

            (ii) The identification and explanation of any cost overruns or underruns, completion delays, performance problems, and terminations. 

  (3) The contracting officer may start collecting past performance data before proposal receipt.  One method for early evaluation of past performance is to request offerors to submit their past performance information in advance of the proposal due date.  The RFP could also include a past performance questionnaire for offerors to send their previous customers with instructions to return the completed questionnaire to the Government.  Failure of the offeror to submit its past performance information early or of the customers to submit the completed questionnaires shall not be a cause for rejection of the proposal nor shall it be reflected in the Government's evaluation of the offeror's past performance.



1815.504  Award to successful offeror.

   The reference to notice of award in FAR 15.504 on negotiated acquisitions is a generic one.  It relates only to the formal establishment of a contractual document obligating both the Government and the offeror.  The notice is effected by the transmittal of a fully approved and executed definitive contract document, such as the award portion of SF 33, SF 26, SF 1449, or SF 1447, or a letter contract when a definitized contract instrument is not available but the urgency of the requirement necessitates immediate performance.  In this latter instance, the procedures for approval and issuance of letter contracts shall be followed.

 

1815.506  Postaward debriefing of offerors.

 

1815.506-70  Debriefing of offerors - Major System acquisitions.  

   (a)  When an acquisition is conducted in accordance with the Major System acquisition procedures in Part 1834 and multiple offerors are selected, the debriefing will be limited in such a manner that it does not prematurely disclose innovative concepts, designs, and approaches of the successful offerors that would result in a transfusion of ideas.

   (b)  When Phase B awards are made for alternative system design concepts, the source selection statements shall not be released to competing offerors or the general public until the release of the source selection statement for Phase C/D without the approval of the Assistant Administrator for Procurement (Code HS).

 

Subpart 1815.6--Unsolicited Proposals

 

1815.602  Policy.

   (1)  An unsolicited proposal may result in the award of a contract, grant, cooperative agreement, or other agreement.  If a grant or cooperative agreement is used, the NASA Grant and Cooperative Agreement Handbook (NPR 5800.1) applies.

   (2)  Renewal proposals, (i.e., those for the extension or augmentation of current contracts)  are subject to the same FAR and NFS regulations, including the requirements of the Competition in Contracting Act, as are proposals for new contracts.

 

1815.604  Agency points of contact.  

  (a)(6) Information titled "Guidance for the Preparation and Submission of Unsolicited Proposals" is available on the Internet at http://ec.msfc.nasa.gov/hq/library/unSol-Prop.html. A deviation is required for use of any modified or summarized version of the Internet information or for alternate means of general dissemination of unsolicited proposal information.

 

1815.606  Agency procedures.  

   (a)  NASA will not accept for formal evaluation unsolicited proposals initially submitted to another agency or to the Jet Propulsion Laboratory (JPL) without the offeror's express consent.

  (b)(i)   NASA Headquarters and each NASA field installation shall designate a point of contact for receiving and coordinating the handling and evaluation of unsolicited proposals.

       (ii)  Each installation shall establish procedures for handling proposals initially received by other offices within the installation.  Misdirected proposals shall be forwarded by the point of contact to the proper installation.  Points of contact are also responsible for providing guidance to potential offerors regarding the appropriate NASA officials to contact for general mission-related inquiries or other preproposal discussions.

       (iii) Points of contact shall keep records of unsolicited proposals received and shall provide prompt status information to requesters.  These records shall include, at a minimum, the number of unsolicited proposals received, funded, and rejected during the fiscal year; the identity of the offerors; and the office to which each was referred.  The numbers shall be broken out by source (large business, small business, university, or nonprofit institution).

 

1815.606-70  Relationship of unsolicited proposals to NRAs.

   An unsolicited proposal for a new effort or a renewal, identified by an evaluating office as being within the scope of an open NRA, shall be evaluated as a response to that NRA (see 1835.016-71), provided that the evaluating office can either:

   (a)  State that the proposal is not at a competitive disadvantage, or

   (b)  Give the offeror an opportunity to amend the unsolicited proposal to ensure compliance with the applicable NRA proposal preparation instructions.  If these conditions cannot be met, the proposal must be evaluated separately.

 

1815.609  Limited use of data.

 

1815.609-70  Limited use of proposals.

   Unsolicited proposals shall be evaluated outside the Government only to the extent authorized by, and in accordance with, the procedures prescribed in, 1815.207-70.

 

1815.670  Foreign proposals.

   Unsolicited proposals from foreign sources are subject to NPD 1360.2, Initiation and Development of International Cooperation in Space and Aeronautics Programs.

 

Subpart 1815.70--Ombudsman

 

1815.7001  NASA Ombudsman Program.

   NASA's implementation of an ombudsman program is in NPR 5101.33, Procurement Advocacy Programs.

 

1815.7002  Synopses of solicitations and contracts.

   In all synopses announcing competitive acquisitions, the contracting officer shall indicate that the clause at 1852.215-84, Ombudsman, is applicable.  This may be accomplished by referencing the clause number and identifying the installation Ombudsman.

1815.7003  Contract clause. 

   The contracting officer shall insert a clause substantially the same as the one at 1852.215-84, Ombudsman, in all solicitations (including draft solicitations) and contracts.  Use the clause with its Alternate I when a task or delivery order contract is contemplated.



1816.303-70 Cost-sharing contracts. 

   (a) Cost-sharing with for-profit organizations.    

       (1) Cost sharing by for-profit  organizations is mandatory in any contract for basic or applied research resulting from an unsolicited proposal, and may be accepted in any other contract when offered by the proposing  organization.  The requirement for cost-sharing may be waived when the contracting officer determines in writing that the contractor has no commercial, production, education, or service activities that would benefit from the results of the research, and the contractor has no means of recovering its shared costs on such projects.

       (2) The contractor's cost-sharing may be any percentage of the project cost.  In determining the amount of cost-sharing, the contracting officer shall consider the relative benefits to the contractor and the Government.  Factors that should be considered include --       

               (i) the potential for the contractor to recover its contribution from non-Federal sources;

               (ii) the extent to which the particular area of research requires special stimulus in the national interest; and

               (iii) the extent to which the research effort or result is likely to enhance the contractor's capability, expertise, or competitive advantage. 

   (b) Cost-sharing with not-for-profit organizations. 

       (1) Costs to perform research stemming from an unsolicited proposal by universities and other educational or not-for-profit institutions are usually fully reimbursed.  When the contracting officer determines that there is a potential for significant benefit to the institution cost-sharing will be considered. 

       (2) The contracting officer will normally limit the institution's share to no more than 10 percent of the project's cost.    

   (c) Implementation.

   Cost-sharing shall be stated as a minimum percentage of the total allowable costs of the project.  The contractor's contributed costs may not be charged to the Government under any other contract or grant, including allocation to other contracts and grants as part of an independent research and development program.

 

1816.306 Cost-plus-fixed-fee contracts.

   (d) Completion and term forms.    

       (4) Term form contracts are incompatible with performance base contracting (PBC) and should not be used with PBC requirements.

 

1816.307 Contract clauses. 

   (a)(11) In paragraph (h)(2)(ii)(B) of the Allowable Cost and Payment clause at FAR 52.216-7, the period of years may be increased to correspond with any statutory period of limitation applicable to claims of third parties against the contractor; provided, that a corresponding increase is made in the period for retention of records required in paragraph (f) of the clause at FAR 52.215-2, Audit and Records - Negotiation.

   (b) In solicitations and contracts containing the clause at FAR 52.216-8, Fixed Fee, the Schedule shall include appropriate terms, if any, for provisional billing against fee.

   (d) In solicitations and contracts containing the clause at FAR 52.216-10, Incentive Fee, the Schedule shall include appropriate terms, if any, for provisional billing against fee.

   (g)(11) In paragraph (g)(2)(ii) of the Allowable Cost and Payment--Facilities clause at FAR 52.216-13, the period of years may be increased to correspond with any statutory period of limitation applicable to claims of third parties against the contractor; provided, that a corresponding increase is made in the period for retention of records required in paragraph (f) of the clause at FAR 52.215-2, Audit and Records - Negotiation.

 

1816.307-70 NASA contract clauses.          

   (a) The contracting officer shall insert the clause at 1852.216-73, Estimated Cost and Cost Sharing, in each contract in which costs are shared by the contractor pursuant to 1816.303-70.

   (b) The contracting officer shall insert the clause substantially as stated  at 1852.216-74, Estimated Cost and Fixed Fee, in cost-plus-fixed-fee contracts. 

   (c) The contracting officer may insert the clause at 1852.216-75, Payment of Fixed Fee, in cost-plus-fixed-fee contracts.  Modifications to the clause are authorized.

   (d) The contracting officer shall insert the clause at 1852.216-81, Estimated Cost, in cost-no-fee contracts that are not cost sharing or facilities contracts. 

   (e) The contracting officer may insert a clause substantially as stated at 1852.216-87, Submission of Vouchers for Payment, in cost-reimbursement solicitations and contracts.

   (f) When either FAR clause 52.216-7, Allowable Cost and Payment, or FAR clause 52.216-13, Allowable Cost and Payment---Facilities, is included in the contract, as prescribed at FAR 16.307(a) and (g), the contracting officer should include the clause at 1852.216-89, Assignment and Release Forms.

 

Subpart 1816.4--Incentive Contracts

 

1816.402 Application of predetermined, formula-type incentives.

   When considering the use of a quality, performance, or schedule incentive, the following guidance applies::

   (1) A positive incentive is generally not appropriate unless —      

       (i) Performance above the target (or minimum, if there are no negative incentives) level is of significant value to the Government;

       (ii) The value of the higher level of performance is worth the additional cost/fee;

       (iii) The attainment of the higher level of performance is clearly within the control of the contractor; and

       (iv) An upper limit is identified, beyond which no further incentive is earned. 

   (2) A negative incentive is generally not appropriate unless —      

       (i) A target level of performance can be established, which the contractor can reasonably be expected to reach with a diligent effort, but a lower level of performance is also minimally acceptable;

       (ii) The value of the negative incentive is commensurate with the lower level of performance and any additional administrative costs; and

       (iii) Factors likely to prevent attainment of the target level of performance are clearly within the control of the contractor. 

   (3) When a negative incentive is used, the contract must indicate a level below which performance is not acceptable.

 

1816.402-2 Performance incentives.

 

1816.402-270 NASA technical performance incentives.  

   (a) Pursuant to the guidelines in 1816.402, NASA has determined that a performance incentive shall be included in all contracts based on performance-oriented documents (see FAR 11.101(a)), except those awarded under the commercial item procedures of FAR Part 12, where the primary deliverable(s) is (are) hardware with a total value (including options) greater than $25 million.  Any exception to this requirement shall be approved in writing by the head of contracting activity.  Performance incentives may be included in hardware contracts valued under $25 million acquired under procedures other than Part 12 at the discretion of the procurement officer upon consideration of the guidelines in 1816.402.  Performance incentives, which are objective and measure hardware performance after delivery and acceptance, are separate from other incentives, such as cost or delivery incentives.

   (b) When a performance incentive is used, it shall be structured to be both positive and negative based on hardware performance after delivery and acceptance, unless the contract type requires complete contractor liability for product performance (e.g., fixed price).  In this latter case, a negative incentive is not required.  In structuring the incentives, the contract shall establish a standard level of performance based on the salient hardware performance requirement.  This standard performance level is normally the contract's minimum performance requirement.  No incentive amount is earned at this standard performance level.  Discrete units of measurement based on the same performance parameter shall be identified for performance above and, when a negative incentive is used, below the standard.  Specific incentive amounts shall be associated with each performance level from maximum beneficial performance (maximum positive incentive) to, when a negative incentive is included, minimal beneficial performance or total failure (maximum negative incentive).  The relationship between any given incentive, either positive and negative, and its associated unit of measurement should reflect the value to the Government of that level of hardware performance.  The contractor should not be rewarded for above-standard performance levels that are of no benefit to the Government.

   (c) The final calculation of the performance incentive shall be done when hardware performance, as defined in the contract, ceases or when the maximum positive incentive is reached.  When hardware performance ceases below the standard established in the contract and a negative incentive is included, the Government shall calculate the amount due and the contractor shall pay the Government that amount.  Once hardware performance exceeds the standard, the contractor may request payment of the incentive amount associated with a given level of performance, provided that such payments shall not be more frequent than monthly.  When hardware performance ceases above the standard level of performance, or when the maximum positive incentive is reached, the Government shall calculate the final performance incentive earned and unpaid and promptly remit it to the contractor.

   (d) When the deliverable hardware lends itself to multiple, meaningful measures of performance, multiple performance incentives may be established.  When the contract requires the sequential delivery of several hardware items (e.g., multiple spacecraft), separate performance incentive structures may be established to parallel the sequential delivery and use of the deliverables. 

   (e) In determining the value of the maximum performance incentives available, the contracting officer shall follow the following rules.:  

       (1) For a CPFF contract, the sum of the maximum positive performance incentive and fixed fee shall not exceed the limitations in FAR 15.404-4(c)(4)(i).

       (2) For an award fee contract.         

               (i) The individual values of the maximum positive performance incentive and the total potential award fee (including any base fee) shall each be at least one-third of the total potential contract fee.  The remaining one-third of the total potential contract fee may be divided between award fee and the maximum performance incentive at the discretion of the contracting officer.

               (ii) The maximum negative performance incentive for research and development hardware (e.g., the first and second units) shall be equal in amount to the total earned award fee (including any base fee).  The maximum negative performance incentives for production hardware (e.g., the third and all subsequent units of any hardware items) shall be equal in amount to the total potential award fee (including any base fee).  Where one contract contains both cases described above, any base fee shall be allocated reasonably among the items.       

       (3) For cost reimbursement contracts other than award fee contracts, the maximum negative performance incentives shall not exceed the total earned fee under the contract.

 

1816.404 Fixed-price contracts with award fees.

   Section 1816.405-2 applies to the use of FPAF contracts as if they were CPAF contracts.  However, neither base fee (see 1816.405-271) nor evaluation of cost control (see 1816.405-274) apply to FPAF contracts.

 

1816.405 Cost-reimbursement incentive contracts.

 

1816.405-2 Cost-plus-award-fee (CPAF) contracts.

 

1816.405-270 CPAF contracts.         

   (a) Use of an award fee incentive shall be approved in writing by the procurement officer.  The procurement officer's approval shall include a discussion of the other types of contracts considered and shall indicate why an award fee incentive is the appropriate choice.  Award fee incentives should not be used on contracts with a total estimated cost and fee less than $2 million per year.  The procurement officer may authorize use of award fee for lower-valued acquisitions, but should do so only in exceptional situations, such as contract requirements having direct health or safety impacts, where the judgmental assessment of the quality of contractor performance is critical.

   (b) Except as provided in paragraph (c) of this section, an award fee incentive may be used in conjunction with other contract types for aspects of performance that cannot be objectively assessed.  In such cases, the cost incentive is based on objective formulas inherent in the other contract types (e.g., FPI, CPIF), and the award fee provision should not separately incentivize cost performance.

   (c) Award fee incentives shall not be used with a cost-plus-fixed-fee (CPFF) contract.

  

1816.405-271 Base fee.        

   (a) A base fee shall not be used on CPAF contracts for which the periodic award fee evaluations are final (1816.405-273(a)).  In these circumstances, contractor performance during any award fee period is independent of and has no effect on subsequent performance periods or the final results at contract completion.  For other contracts, such as those for hardware or software



provisionally paid is the lesser of a percentage stipulated in the contract (but not exceeding 80 percent) or the prior period's evaluation score.  For an end item contract, the total amount of provisional payments in a period is limited to a percentage not to exceed  80 percent of the prior interim period’s evaluation score.

   (c) Fee Payment.  The Fee Determination Official's rating for both interim and final evaluations will be provided to the contractor within 45 calendar days of the end of the period being evaluated.  Any fee, interim or final, due the contractor will be paid no later than 60 calendar days after the end of the period being evaluated.

 

1816.406 Contract clauses.

 

1816.406-70 NASA contract clauses.          

   (a) As authorized by FAR 16.406(e), the contracting officer shall insert the clause at 1852.216-76, Award Fee for Service Contracts, in solicitations and contracts when an award-fee contract is contemplated and the contract deliverable is the performance of a service. 

   (b) As authorized by FAR 16.406(e), the contracting officer shall insert the clause at 1852.216-77, Award Fee for End Item Contracts, in solicitations and contracts when an award fee contract is contemplated and the contract deliverables are  hardware or other end items for which total contractor performance cannot be measured until the end of the contract. When the clause is used in a fixed-price award-fee contract, it shall be modified by deleting references to base fee in paragraphs (a), and by deleting paragraph  (c)(1), the last sentence of (c)(4), and the first sentence of (c)(5).

   (c) The contracting officer may insert a clause substantially as stated at 1852.216-83, Fixed Price Incentive, in fixed-price-incentive solicitations and contracts utilizing firm or successive targets.  For items subject to incentive price revision, identify the target cost, target profit, target price, and ceiling price for each item.

   (d) The contracting officer shall insert the clause at 1852.216-84, Estimated Cost and Incentive Fee, in cost-plus-incentive-fee solicitations and contracts.

   (e) The contracting officer may insert the clause at 1852.216-85, Estimated Cost and Award Fee, in award-fee solicitations and contracts.  When the contract includes performance incentives, use Alternate I. When the clause is used in a fixed-price award fee contract, it shall be modified to delete references to base fee and to reflect the contract type.

   (f) As provided at 1816.402-270, the contracting officer shall insert a clause substantially as stated at 1852.216-88,  Performance Incentive, when the primary deliverable(s) is (are) hardware and total estimated cost and fee is greater than $25 million.  A clause substantially as stated at 1852.216-88 may be included in lower dollar value hardware contracts with the approval of the procurement officer.

 

Subpart 1816.5--Indefinite-Delivery Contracts

 

1816.504 Indefinite quantity contracts.       

   (a)(4)(ii) ID/IQ service contract values and task order values shall be expressed only in dollars.

   (a)(4)(v) See 1815.7003.

 

1816.505 Ordering.  

   (a) (2) Task and delivery orders shall be issued by the contracting officer.

   (b)(5) The Agency and installation ombudsmen designated in accordance with 1815.7001 shall review complaints from contractors on task order contracts and delivery order contracts.

 

1816.505-70 Task ordering. 

   (a) The contracting officer shall, to the maximum extent possible, state task order requirements in terms of functions and the related performance and quality standards such that the standards may be objectively measured.

   (b) To the maximum extent possible, contracting officers shall solicit contractor task plans to use as the basis for finalizing task order requirements and enable evaluation and pricing of the contractor's proposed work on a performance based approach as described in 1816.104-70(a).

   (c) Task order contract type shall be individually determined, based on the nature of each task order's requirements.    

       (1) Task orders may be grouped by contract type for administrative convenience (e.g., all CPIF orders, all FFP orders, etc.) for contractor progress and cost reporting.

       (2) Under multiple awards, solicitations for individual task plans shall request the same pricing structure from all offerors.

   (d) Any undefinitized task order issued under paragraph (f) of the clause at 1852.216-80, Task Ordering Procedure, shall be treated and reported as an undefinitized contract action in accordance with 1843.70.

 

1816.506-70 NASA contract clause.

   Insert the clause at 1852.216-80, Task Ordering Procedure, in solicitations and contracts when an indefinite-delivery, task order contract is contemplated.  The clause is applicable to both fixed-price and cost-reimbursement type contracts.  If the contract does not require 533M reporting (see NPR 9501.2, NASA Contractor Financial Management Reporting System), use the clause with its Alternate I.

 

Subpart 1816.6--Time-and-Materials, Labor-Hour, and Letter Contracts

1816.603 Letter contracts.

 

1816.603-2 Application.

   (a) Centers must ensure that NASA liabilities and commitments are minimized under letter contracts.  When a letter contract is justified and program requirements can be severed into smaller, discreet efforts, the work authorized by the letter contract must be limited to the minimum severable effort required to satisfy the urgent program requirements.  The remaining requirements may not be initially included in the letter contract and must be acquired through a separate fully priced and definitized contract action.

 

1816.603-370 Approvals.

   (a)(1) The approval authority to issue a letter contract is --

            (i) The Assistant Administrator for Procurement when the estimated value of the definitized contract is equal to or greater than the Master Buy Plan (MBP) submission threshold of 1807.7101;

     (ii) The procurement officer when the estimated value of the definitized contract is below the MBP submission threshold; and



are provided by and are acceptable to or preferred by the Military Department supplying activity or as otherwise mutually agreed upon by the parties. 

   (b)  Include a provision in accordance with 1817.7203.

   (c)  To obtain materials from the Air Force Missile Procurement Fund, the contracting officer shall follow the procedures of 1808.002-72.

 

1817.7002-1 Acceptance by Military Department. 

   (a) Except as provided in paragraph (c) of this section, the Military Department concerned will, within 30 days after receipt of a NASA-Defense Purchase Request, forward to the initiator of the request an Acceptance of MIPR, DD Form 448-2.  Each DD Form 448-2 will show the action being taken to fill the requirement and the name and complete address of the DOD contracting activity.

   (b) To the extent feasible, all documents (including acceptances, contracts, correspondence, shipping documents, work or project orders, and Standard Form 1080 (Voucher for Transfer between Appropriations and/or Funds) billings) will reference the NASA-Defense Purchase Request number and the item number.

   (c) Acceptance by the Military Department is not required for NASA-Defense Purchase Requests covering deliveries of common-use standard-stock items that the supplying agency has on hand or on order for prompt delivery at published prices.

 

1817.7002-2 Changes in estimated total prices.

   When a Military Department determines that the estimated total price (Block 7, NASA Form 523) of the items to be acquired for NASA is not sufficient to cover the required reimbursement or is in excess of the amount required, a request for an amendment will be forwarded to the NASA originating office.  The request will indicate a specific dollar amount, rather than a percentage, and will include justification for any upward adjustment requested. Upon approval of the request, the cognizant NASA contracting office shall forward to the DOD contracting activity an amendment to the NASA Defense Purchase Request.

 

1817.7002-3 Payments.

   Except when agreements provide that reimbursement is not required, payments to the Military Departments shall be made by NASA office designated in block 9 of the NASA-Defense Purchase Request upon receipt of Standard Form 1080.  Billings will be supported in the same manner as billings between Military Departments.

 

1817.7002-4 Contract clause.

   The contracting officer shall insert the clause at 1852.217-70, Property Administration and Reporting, in any NASA-Defense Purchase Request when property will be involved.

 

Subpart 1817.71--Exchange or Sale of Personal Property

 

1817.7101 Policy. 

   (a) Section 201(c) of the Federal Property and Administrative Services Act of 1949, 63 Stat. 384, as amended (40 U.S.C. 481(c)), authorizes the exchange or sale of Government personal property and the application of the exchange allowance or proceeds from sale to the acquisition of similar property for replacement purposes.  The transaction must be evidenced in writing.

   (b) NASA installations and contractors are authorized to conduct exchange/sale transactions as long as the requirements and restrictions of NPR 4NPR 4300.1 and the Federal Property Management Regulations, Subchapter H, part 101-46, are followed. In conducting such exchanges/sales, NASA contractors must obtain the contracting officer's prior written approval and must report the transactions to the cognizant NASA installation Property Disposal Officer (PDO).

 

Subpart 1817.72--Interagency Transactions

 

1817.7201 Policy.

   (a)  The Space Act (42 U.S.C. 2473) applies to NASA interagency acquisitions except those for the NASA Office of Inspector General acquired under the authority of the Inspector General Act of 1978 (5 US.C. Appendix III).  NASA has elected to conform its implementation of the Space Act and the Inspector General Act to the requirements of the Economy Act (see FAR 17.5).

   (b) Individual orders or successive non-competitive interagency orders for the same requirement with the same servicing agency shall not exceed five years. 

   (c) Requests for deviation from the five year limitation in paragraph (b) of this section shall require the approval of the Center Director if the estimated value of the order is $5 million or less, or the Assistant Administrator for Procurement (Code HS) if the estimated value of the order exceeds $5 million.  Requests for deviation shall address:

   (1) Why more than five years is required;

   (2) Why the work must be performed by the same servicing agency; and

   (3) How long beyond the current order the requirement is expected to continue.

 

1817.7202 Determinations and findings requirements.

   (a) Interagency acquisitions shall be supported by a Determination and Finding (D&F) equivalent to that required for Economy Act transactions (see FAR 17.503).  This requirement applies to all purchases of goods or services under contracts entered into or administered by agencies other than NASA including the Military Departments.  The Space Act shall be cited as authority for all NASA interagency acquisitions except that the Inspector General Act shall be cited as the authority for interagency acquisitions for the NASA Office of Inspector General.

   (b) To satisfy the D&F requirement identified in FAR 17.503(a)(2), current market prices, recent acquisition prices, or prices obtained by informational submissions as provided in FAR 15.201 may be used to ascertain whether the acquisition can be accomplished more economically from commercial sources.

  (c) In addition to the requirements in FAR 17.503, the D&F must identify the period of performance and whether the acquisition is a non-competitive follow-on for the same services from the same servicing agency.  (See 1817.7201(b).)

 (d) The determination described in paragraph (a) of this section is not required for contracts awarded under the Space Act to Government agencies pursuant to a Broad Agency Announcement when a review of the acquisition records would make it obvious that the award is not being used as a method of circumventing regulatory or statutory requirements, particularly FAR Part 6, Competition Requirements (e.g., when a significant number and value of awards made under the BAA are made to entities other than Government agencies).

   (e) All D&F’s for a servicing agency not covered by the FAR shall be approved by the Assistant Administrator for Procurement.



 (b)  In addition to the information in paragraph (a) of this section, the synopsis for the subsequent phase(s) must identify the current phase contractors.

 

1817.7301-5 Progressive competition. 

   (a) To streamline the acquisition process, the preferred approach for NASA phased acquisitions is the "progressive competition" down-selection technique in which new, formal solicitations are not issued for phases subsequent to the initial phase.  Subsequent phase proposals are requested by less formal means, normally by a letter accompanied by the appropriate proposal preparation and evaluation information.

   (b) When using the progressive competition technique, if a prospective offeror other than one of the preceding phase contractors responds to the synopsis for a subsequent phase and indicates an intention to submit a proposal, the contracting officer shall provide to that offeror all the material furnished to the preceding phase contractors necessary to submit a proposal.  This information includes the preceding phase solicitation, contracts, and system performance and design requirements, as well as all proposal preparation instructions and evaluation factors.  In addition, the prospective offeror must be advised of all requirements necessary for demonstration of a design maturity equivalent to that of the preceding phase contractors. 

   (c) A key feature of the progressive competition technique is that a formal solicitation is normally not required.  However, when the Government requirements or evaluation procedures change so significantly after release of the initial phase solicitation that a substantial portion of the information provided in the initial phase synopsis, solicitation, or contracts is no longer valid, a new solicitation shall be issued for the next phase.

   (d) Subsequent phase proposals should be requested by a letter including the following:    

        (1) A specified due date for the proposals along with a statement that the late proposal information in paragraph (c)(3) of FAR 52.215-1, Instructions to Offerors -- Competitive Acquisition, applies to the due date.

        (2) Complete instructions for proposal preparation, including page limitations, if any.

        (3) Final evaluation factors.

        (4) Any statement of work, specifications, or other contract requirements that have changed since the initial solicitation.

        (5) All required clause changes applicable to new work effective since the preceding phase award.

        (6) Any representations or certifications, if required.

        (7) Any other required contract updates (e.g., small and small disadvantaged business goals). 

   (e)  Certain factors may clearly dictate that the progressive competition technique should not be used.  For example, if it is likely that NASA may introduce a design concept independent of those explored by the preceding phase contractors, it is also likely that a new, formal solicitation is necessary for the subsequent phase and all potential offerors should be solicited.  In this circumstance, progressive competition is inappropriate.

 

1817.7302 Contract clauses. 

   (a)  The contracting officer shall insert the clause at 1852.217-71, Phased Acquisition Using Down-Selection Procedures, in solicitations and contracts for phased acquisitions using down-selection procedures other than the progressive competition technique.  .  The clause may be modified as appropriate if the acquisition has more than two phases.  The clause shall be included in the solicitation for each phase and in all contracts except that for the final phase.

   (b)  The contracting officer shall insert the clause at 1852.217-72, Phased Acquisition Using Progressive Competition Down-Selection Procedures, in solicitations and contracts for phased acquisitions using the progressive competition technique..  The clause may be modified as appropriate if the acquisition has more than two phases. The clause shall be included in the initial phase solicitation and all contracts except that for the final phase.



PART 1822

APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

 

TABLE OF CONTENTS

1822.000-70                            Scope of part.

 

SUBPART     1822.1              BASIC LABOR POLICIES

1822.101                                  Labor relations.

1822.101-1                              General.

1822.101-3                              Reporting labor disputes.

1822.101-4                              Removal of items from contractors' facilities affected by work

                                                          stoppages.

1822.101-70                            Admission of labor representatives to contract sites.

1822.103                                  Overtime.

1822.103-4                              Approvals.

1822.103-5                              Contract clauses.

 

SUBPART     1822.3              CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

1822.302                                  Liquidated damages and overtime pay.

 

SUBPART     1822.4              LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION

1822.400-70                           Contacts with the Department of Labor.

1822.404-3                              Procedures for requesting wage determinations.

1822.406-8                             Investigations.

1822.406-9                             Withholding from or suspension of contract payments.

1822.406-13                           Semiannual enforcement reports.

 

SUBPART     1822.6             WALSH-HEALEY PUBLIC CONTRACTS ACT

1822.604                                 Exemptions.

1822.604-2                             Regulatory exemptions.

 

SUBPART     1822.8             EQUAL EMPLOYMENT OPPORTUNITY

1822.804                                 Affirmative action programs.

1822.804-2                             Construction.

1822.807                                 Exemptions.

1822.810                                 Solicitation provisions and contract clauses.

 

SUBPART     1822.10           SERVICE CONTRACT ACT OF 1965

1822.1001                               Definitions.

1822.1008                               Procedures for preparing and submitting Notice (SF 98/98a).

1822.1008-270                       Additional information for the preparation of SF 98/98a.

1822.1008-7                           Required time of submission of Notice.

 

 SUBPART     1822.13           SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER

                                                    ELIGIBLE VETERANS  

1822.1305                               Waivers.

1822.1308                               Complaint procedures.

 

SUBPART     1822.14           EMPLOYMENT OF WORKERS WITH DISABILITIES

1822.1403                               Waivers.

1822.1406                               Complaint procedures.

 

SUBPART   1822.15             PROHIBITION OF ACQUISITION OF PRODUCTS

                                                  PRODUCED BY FORCED OR INDENTURED CHILD

                                                  LABOR

1822.1503                               Procedures for acquiring end products on the List of Products

                                                  Requiring Contractor Certification as to Forced or Indentured

                                                  Child Labor.

 

PART 1822

               APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

 

1822.000-70  Scope of part. 

   (a)  Contracting officers shall consult with the installation labor relations advisor or designee when taking any of the actions prescribed or authorized in FAR Part 22 or NFS Part 1822.

   (b)  Proposed actions having a substantial impact on the activities of NASA or other Government agencies shall be approved by the Headquarters Contractor Industrial Relations Office (Code JR).

 

Subpart 1822.1--Basic Labor Policies

 

1822.101  Labor relations.

 

1822.101-1  General.

   (d)  When a strike that may have an adverse effect on NASA programs is imminent or in progress at a prime contractor's or subcontractor's plant, contracting officers shall:       

        (i)  Advise both the prime contractor and the head of the union local in writing of the expected impact of the strike on NASA programs and of the actions NASA is considering to protect the Government's interest and prevent delay in the accomplishment of NASA's mission.  If the strike is in a subcontractor's plant, the subcontractor may be approached only through the prime contractor;

        (ii) Explore the possibility of locating other sources for the supplies or services to have been provided by the strike-threatened plant; and

        (iii) Consider taking the actions described in FAR 22.101-4.

 

  (e)  Programs or requirements that result in contracts in excess of the simplified acquisition threshold shall require contractors to notify NASA of actual or potential labor disputes that are delaying or threaten to delay timely contract performance.

1822.101-3  Reporting labor disputes.

   Reports of potential or actual labor disputes affecting NASA acquisitions, operations, or services shall be submitted to the Headquarters Contractor Industrial Relations Office (Code JR).  These reports shall be made as early as possible and shall include immediately available information. Supplemental reports shall be made to provide appropriate additional information.  Reports shall describe at a minimum:  

        (1) The nature of the potential or actual dispute, including whether a strike, lockout, slow-down, shut-down, or picketing is involved and the degree of emergency presented;

        (2) The character, quantity, and importance of the supplies, operations, or services involved, including scheduled performance and delivery dates and their relationship to the total acquisition program;

        (3) The identity and location of the parties to the dispute and their representatives, including the approximate number of employees involved;

        (4) The need for and availability of alternative resources to furnish the items involved within the time required;

        (5) Any critical items that should be removed from the plant or work site or should continue to be processed there with the consent of the parties to the dispute; and

        (6) Recommended action to be taken by NASA.

 

1822.101-4  Removal of items from contractors' facilities affected by work stoppages. 

   (a)(3) The contracting officer shall obtain approval from Code JR for any contemplated action.

 

1822.101-70  Admission of labor representatives to contract sites.

   NASA activities may not prevent the access of labor union representatives to contract sites for the conduct of union business if their activities are compatible with safety and security regulations and performance of the contract work involved.

 

1822.103  Overtime.

 

1822.103-4  Approvals. 

   (a)  The contracting officer is authorized to approve overtime premiums at Government expense. If two or more contracting offices have current contracts at a single facility and approval of overtime by one will affect the performance or cost of contracts of another, the approving official shall obtain the concurrence of other appropriate approving officials and seek agreement as to the contracts under which premiums will be approved.  In the absence of evidence to the contrary, a contracting officer may rely on the contractor's statement that approval will not affect performance or payments under any contract of another contracting office. 

 

1822.103-5 Contract clause.

   Insert the clause at 52.222-1, Notice to the Government of Labor Disputes, in all solicitations and contracts that exceed the simplified acquisition threshold. 1822.103-5  Contract clauses.   

(a)    See 1822.101-1(e).

 

Subpart 1822.3--Contract Work Hours and Safety Standards Act

 

1822.302  Liquidated damages and overtime pay. 

   (c)  The Director of the Headquarters Contractor Industrial Relations Office (Code JR) is the agency head designee.

(d)   Disposal of funds withheld or collected for liquidated damages shall be in accordance with direction of the Director of Code JR.

 

Subpart  1822.4--Labor Standards for Contracts Involving Construction

 

1822.400-70  Contacts with the Department of Labor.

   All contacts with the Department of Labor required by FAR Subpart 22.4, except for wage determinations, shall be conducted through the Headquarters Contractor Industrial Relations Office (Code JR).  Contracting officers shall submit all pertinent information to Code JR in support of Code JR for contacts.  For wage determinations, contracting officers shall submit all requests directly to Goddard Space Flight Center, Contractor Industrial Relations Office - GSFC, Code 201, Greenbelt, Maryland 20771 (GSFC).

 

1822.404-3  Procedures for requesting wage determinations.

   Contracting officers shall submit requests for project wage determinations to GSFC at least 55 days (70 days if possible) before issuing the solicitation.

 

1822.406-8  Investigations. 

   (a)  The contracting officer is responsible for conducting investigations of labor violations relative to contracts under their cognizance.

   (d)  Reports of violations shall be sent to Code JR.  

 

1822.406-9  Withholding from or suspension of contract payments. 

   (c)(4)  Code JR shall determine the disposal of funds.

 

1822.406-13  Semiannual enforcement reports.

   Procurement officers shall submit semiannual enforcement data within 20 days after the end of the specified reporting periods to the Headquarters Office of Procurement (Code HK).  Negative statements are required. 

 

Subpart 1822.6--Walsh-Healey Public Contracts Act

 

1822.604  Exemptions.

 

1822.604-2  Regulatory exemptions. 

   (b)  Requests for exemptions shall be submitted in writing through the contracting officer to the Headquarters Contractor Industrial Relations Office (Code JR).

 

Subpart 1822.8--Equal Employment Opportunity

 

1822.804  Affirmative action programs.



PART 1823
ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

 

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             1                                    Definitions.
1823.570-3             2                                    Contract clause.
1823.570-4             3                                    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                                     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 NPGNPR 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 NPGNPR 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 (NPGNPR 8830.1).

Subpart 1823.5--Drug-Free Workplace

1823.570  Drug-and alcohol-free workforce.

1823.570-1  Scope.
  This sSections 1823.570 to 1823.570-4 sets 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  1  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 3 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  2  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  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 NPGNPR 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 NPGNPR 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.



PART 1825

FOREIGN ACQUISITION

TABLE OF CONTENTS

1825.003                                           Definitions.

1825.003-70                                     NASA definitions.

 

SUBPART               1825.1              BUY AMERICAN ACT--SUPPLIES

1825.103                                            Exceptions

   

SUBPART                1825.4             TRADE AGREEMENTS

1825.400                                            Scope of subpart.

 

SUBPART               1825.9             CUSTOMS AND DUTIES

1825.901                                           Policy.

1825.903                                           Exempted supplies.

   

SUBPART                1825.10          ADDITIONAL FOREIGN ACQUISITION

                                                             REGULATIONS

1825.1001                                        Waiver of right to examination of records.

1825.1002                                        Use of foreign currency.

 

SUBPART                1825.11          SOLICITATION PROVISIONS AND CONTRACT

                                                           CLAUSES

1825.1101                                         Acquisition of Supplies.

1825.1103                                         Other provisions and clauses.

1825.1103-70                                   Export control.

 

SUBPART               1825.70           FOREIGN CONTRACTS AND INTERNATIONAL

                                                       AGREEMENT CLEARANCES    

1825.7000                                         Scope of subpart.

1825.7001                                          Definition.

1825.7002                                          Foreign Contracts.

1825.7003                                           International Agreements.

 

 

PART 1825

FOREIGN ACQUISITION

 

1825.003  Definitions.

 

1825.003-70  NASA  definitions.

   "Canadian  end product”, for an item with an estimated value of $25,000 or less, means an unmanufactured end product mined or produced in Canada or an end product manufactured in Canada, if the cost of its components mined, produced, or manufactured in Canada or the United States exceeds 50 percent of the cost of all its components.  The cost of components includes transportation costs to the place of incorporation into the end product.  For an end product with an estimated value in excess of $25,000, the definition at FAR 25.003 applies.

Subpart 1825.1--Buy American Act--Supplies

 

1825.103  Exceptions.

   (a) )(i) The procurement officer shall send proposed public interest determinations to the Assistant Administrator for Procurement (Code HS) for approval.          

   (ii)    The Assistant Administrator for Procurement has determined that it is inconsistent with the public interest to apply restrictions of the Buy American Act to Canadian end products with estimated values of $25,000 or less as defined in 1825.003-70.  Accordingly, contracting officers must evaluate all offers for such Canadian end products on a parity with offers for domestic end products, except that applicable duty (whether or not a duty free entry certificate may be issued) must be included in evaluating offers for Canadian end products.

         (iii) The Assistant Administrator for Procurement has determined that for procurements subject to the Trade Agreements Act, it would be inconsistent with the public interest to apply the Buy American Act to U.S.-made end products that are substantially transformed in the United States.

         (iii) The procurement officer shall send proposed public interest determinations to the Assistant Administrator for Procurement (Code HS) for approval.          

 

Subpart 1825.4--Trade Agreements

 

1825.400  Scope of subpart. 

   (b)  The Buy American Act applies to all acquisitions of Japanese end products or services in excess of $2,500.

 

Subpart 1825.9--Customs and Duties

 

1825.901  Policy.

   NASA has statutory authority to exempt certain articles from import duties, including articles that will be launched into space, spare parts for such articles, ground support equipment, and unique equipment used in connection with an international program or launch service agreement.  This authority is fully described in 14 CFR 1217.

 

1825.903  Exempted supplies.

   (a)  Through delegation from the Assistant Administrator for Procurement, Procurement Officers are authorized to certify duty free entry for articles imported into the United States, if those articles are procured by NASA or by other U.S. Government agencies, or by U.S. Government contractors or subcontractors when title to the articles is or will be vested in the U.S. Government in accordance with the terms of the contract or subcontract.  Procurement officers shall complete the certification set forth in 14 CFR 1217.104(a) or 1217.104(c) (http://www.access.gpo.gov/nara/cfr/cfr-retrieve.html - page1).  Upon arrival of foreign supplies at a port of entry, the consignee, generally the commercial carrier or its agent (import broker), will file Customs Form 7501, Entry Summary.  This form is available from Service Ports (http://www.customs.ustreas.gov/location/ports/index.htm) or from NASA Headquarters' forms library (https://extranet.hq.nasa.gov/nef/user/form_search.cfm).  All duty-free certificates must be