Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 48 - Federal Acquisition Regulations System |
Chapter 18 - National Aeronautics and Space Administration |
SubChapter F - Special Categories of Contracting |
Part 1839 - Acquisition of Information Technology |
Subpart 1839.70 - NASA Procedures |
§ 1839.7003-2 - FIRMR applicability and procurement authority certification.
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The contracting officer shall:
(a) Review the requirements and determine how the requirements will be satisfied, if FIP resources will be involved, and the categories and values of the FIP resources to be acquired or used. Each category of FIP resources (FIP equipment, FIP software, FIP services, FIP support services, and FIP related supplies) must be individually identified as accurately as possible (see FIRMR 201-4.001). FIP maintenance is considered a subset of FIP support services.
(b) Determine if the agency has authority to acquire the FIP resources by virtue of a specific agency or regulatory delegation, or if a specific acquisition delegation must be obtained. This requires comparing the total estimated dollar value of all the FIP resources to be acquired to the criteria and thresholds specified in FIRMR 41 CFR 201-20.305. NASA may contract for FIP resources without obtaining a specific acquisition delegation when the total dollar value of FIP resources, including all optional quantities and periods over the life of the contract, does not exceed the authority delegated from GSA; except that the dollar value for a specific make and model specification or for requirements available from only one responsible source may not exceed the authority delegated from GSA.
(1) Assessments and determinations for acquisitions greater than $50,000 will be documented in the contract file with the following certification format:
The acquisition requirements have been reviewed and an assessment of the resources to be delivered or used in satisfying these requirements has been made. These resources have been characterized as either FIP or non-FIP resources. Based on FIRMR 201-1.002, including FIRMR bulletin A-1 and NHB 2410.1, I determine that the subject procurement is
___ /is not___ subject to the FIRMR.[Note: If the contract will involve information technologies determined to be not subject to the FIRMR (see FIRMR 201-1.002-2), explain the rationale in a separate attachment.]
If the acquisition is subject to the FIRMR, I certify that the thresholds in NFS 1839.7003-2(b) have been reviewed and that this procurement does
___ /does not___ require a specific acquisition Delegation of Procurement Authority.FIP Resources:
(2) The contracting officer shall provide an information copy of the FIRMR Applicability and Procurement Authority Certification through the cognizant IPO to Code JT for acquisitions $25 million or more.
(3) Assessments and determinations for acquisitions $50,000 or less will be documented in the contract file in accordance with local procedures.
(c) Although the contracting officer has authority to make decisions concerning the applicability of the FIRMR to NASA solicitations and contracts or modifications, in the event of a disagreement within the Installation as to the applicability of the FIRMR to a NASA solicitation or contract or modification, the SIIO has the authority to make final decisions.