[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40533-40549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19422]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1801, 1802, 1803, 1804, 1805, 1806, 1852
Rewrite of the NASA FAR Supplement (NFS)
AGENCY: Office of Procurement, National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
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SUMMARY: Parts 1801 through 1806, and clauses affected by these parts,
are revised in their entirety. The numbering of NFS sections has been
changed to indicate the exact section of the FAR being implemented or
supplemented.
The FAR numbering system is by part, subpart, section, and
subsection, for example 1.105-2. Subdivisions below these numbers are
designated by
[[Page 40534]]
parenthetical alpha numerics in the following sequence: (a)(1)(i)(A).
The NFS ``implements'' and ``supplements'' the FAR. Implementing
coverage is that which directly carries out the FAR policies and
procedures. Supplementing coverage is that additional information not
required by the FAR but necessary to satisfy the specific needs of
NASA.
Numbering of NFS text implementing the FAR will be the same as that
of the related FAR text when the NFS coverage is one paragraph.
Implementing NFS coverage exceeding one paragraph is numbered by
first identifying the corresponding FAR test to the lowest appropriate
FAR number and then adding the NFS coverage. To indicate where the FAR
subdivision ends and the NFS begins, the NFS coverage is identified by
skipping a sequence in the (a)(1)(i)(A) alpha numeric subdivision
scheme. For example, four paragraphs implementing FAR 1.602-3(c)(7) are
numbered 1801.602-3(c)(7)(A), (B), (C), and (D) (instead of the
1801.602-3(b)(1) through (4) in the current NFS). In this case, the
next available alpha numeric subdivision identifier (i) is skipped and
the NFS coverage starts with the subsequent identifier (A).
NFS text that supplements the FAR will be 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
prescribed alpha numeric sequence without skipping a unit.
Parts 1801 through 1806 use the new numbering system. Other NFS
parts will be transitioned as the NFS rewrite progresses. The new
numbering system will require a short orientation period. However, it
will prove to be a significant value to the user of the NFS in that it
will clearly and precisely identify the associated FAR coverage, as
well as clearly distinguish implementing from supplementing coverage.
EFFECTIVE DATE: August 5, 1996.
FOR FURTHER INFORMATION CONTACT:
Mr. Thomas O'Toole, (202) 358-0478; Mr. Bruce King, (202) 358-0461.
SUPPLEMENTARY INFORMATION:
Background
The National Performance Review urged agencies to streamline and
clarify their regulations. The NFS rewrite initiative was established
to pursue these goals by conducting a section by section review of the
NFS to verify its accuracy, relevancy, and validity. The NFS will be
rewritten in blocks of parts and issued through Procurement Notices
(PNs). Upon completion of all parts, the NFS will be reissued in a new
edition.
Impact
NASA certifies that this regulation will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rules does not
impose any reporting or record keeping requirements subject to the
Paperwork Reduction Act.
List of Subjects in 48 CFR Parts 1801, 1802, 1803, 1804, 1805,
1806, and 1852 Government procurement.
Tom Luedtke,
Deputy Associated Administrator for Procurement.
Accordingly, 48 CFR Parts 1801, 1802, 1803, 1804, 1805, 1806, and
1852 are amended as follows:
1.-2. Part 1801 is revised to read as follows:
PART 1801--FEDERAL ACQUISITION REGULATIONS SYSTEM
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.
1801.105-3 Copies.
1801.105-370 Internal dissemination.
1801.106 OMB approval under the Paperwork Reduction Act.
Subpart 1801.2 Administration
1801.270 Amendment of Regulation.
1801.270-1 Revisions.
1801.270-2 Procurement Notices.
1801.270-3 Effective date.
1801.270-4 Numbering.
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.
Authority: 42 U.S.C. 2473(c)(1)
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
Regulations (FAR) Supplement, also referred to as the NFS.
Subpart 1801.1--Purpose, Authority, Issuance
1801.103 Authority. (NASA supplements paragraph (a))
(a) Under the following authorities, the Administrator has
delegated to the Associate Administrator for Procurement authority to
prepare, issue, and maintain the NFS:
(i) The National Aeronautics and Space Act of 1958 (Public Law 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 chapter.
1801.105 Issuance.
1801.105-1 Publication and code arrangement. (NASA supplements
paragraphs (a) and (b))
(a)(i) The NFS is published in the same publications and formats as
the FAR.
(ii) The NFS is published in ``editions'' and ``versions.'' An
``edition'' is a loose-leaf publication of the entire regulation and is
denoted by the calendar year of publication. A ``version'' is the basic
loose-leaf edition NFS with all NFS Directive (NFSD) change pages filed
up to and including the NFSD number that corresponds to the ``version''
number. For example, for the 1989 edition of the NFS, Version 89.3
consists of pages from NFSD 89-0 (basic NFS), with change pages filed
from NFSDs 89-1, 89-2, and 89-3.
(b) The NFS is issued as chapter 18 of title 48, Code of Federal
Regulations (CFR).
[[Page 40535]]
1801.105-2 Arrangement of regulations. (NASA supplements paragraph
(b))
(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 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.
1801.105-3 Copies (NASA paragraphs (1), (2) and (3))
(1) Subscriptions to the NFS may be obtained by writing to
Superintendent of Documents, U.S. Government Printing Office (GPO),
Washington, DC 20402, or by calling (202) 512-1800. All requests should
cite the NFS GPO Subscription Stock No. 933-003-00000-1. A subscription
consists of the basic edition, plus all changes issued for an
indefinite period. The prices and periods of subscriptions are set by
GPO.
(2) The NFS is also available on the Internet (address: http://
www.hq.nasa.gov/office/procurement/regs/nfstoc.htm).
(3) Copies of NASA Handbooks (NHBs), NASA Management Instructions
(NMIs), NASA Policy Directives (NPDs), and NASA Procedures and
Guidelines (NPGs) may be obtained from NASA Headquarters, Office of
Management Systems and Facilities (Code JM).
1801.105-370 Internal dissemination.
The Headquarters Office of Procurement (Code HK), (202-358-1248),
distributes the FAR, Federal Acquisition Circulars (FACs), the NFS,
NFSDs, Procurement Notices (PNs), and Procurement Information Circulars
(PICs) directly to NASA Headquarters offices and installation
distribution points. NASA center personnel may be placed on the
distribution list or may obtain extra copies by contacting the
designated distribution point for their installation.
1801.106 OMB approval under the Paperwork Reduction Act. (NASA
paragraphs (1) and (2))
(1) NFS requirements. The following OMB control numbers apply:
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OMB control
NFS segment No.
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1815.406-70(b)(5)(iii)..................................... 2700-0082
1815.608-72................................................ 2700-0080
1819....................................................... 2700-0073
1819.72.................................................... 2700-0078
1827....................................................... 2700-0052
1843....................................................... 2700-0054
NF 533..................................................... 2700-0003
NF 667..................................................... 2700-0004
NF 1018.................................................... 2700-0017
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(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--Aministration
1801.270 Amendment of regulation.
1801.270-1 Revisions.
The NFS is amended by publishing amendments in the Federal Register
and issuing NFSDs containing loose-leaf replacement pages revising
various segments of it (also see 1801.270-2). Each replacement page
bears the NFSD number and page number at the top. A vertical bar at the
side of a line indicates that a change has been made within that line.
1801.270-2 Procurement Notices.
(a) The NFS is amended by publishing amendments in the Federal
Register and issuing Procurement Notices (PNs) when it is necessary or
advisable to change the NFS in advance of an NFSD.
(b) Unless otherwise indicated, each PN remains in effect until the
effective date of the subsequent NFSD incorporating the PN or until
specifically canceled.
1801.270-3 Effective date.
(a) Compliance with a revision to the NFS shall be in accordance
with the NFSD or PN containing the revision.
(b) 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.
1801.270-4 Numbering.
NFSDs and PNs are numbered consecutively, prefixed by the last two
digits of the calendar year of issuance of the current edition of the
NFS.
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.
[[Page 40536]]
Subpart 1801.3--Agency Acquisition Regulations
1801.301 Policy. (NASA supplements paragraphs (a) and (b))
(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 a 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. (NASA supplements paragraph
(a))
(a) Part, subpart, and section numbers 70 through 89 are reserved
for NFS supplementary material for which there is no FAR counterpart.
Subpart 1801.4--Deviations From the FAR
1801.400 Scope of subpart.
This subpart prescribes the policies and procedures for authorizing
deviations from the FAR and the NFS.
1801.471 Procedure for requesting deviations.
(a) Requests for authority to deviate from the FAR or the NFS shall
be submitted by the Procurement Officer to the Headquarters Office of
Procurement (Code HS).
(b) Each request for a deviation shall contain, as a minimum--
(1) Identification of the FAR or the NFS requirement from which a
deviation is sought;
(2) A full description of the deviation, the circumstances in which
it will be used, and the specific contract action(s) to which it
applies;
(3) A description of its intended effect;
(4) A statement as to whether the deviation has been requested
previously and, if so, the circumstances of the previous request;
(5) Identification of the contractor(s) and the contract(s)
affected, including dollar value(s);
(6) Detailed reasons supporting the request, including any
pertinent background information; and
(7) A copy of counsel's concurrence or comments.
(c) In addition to the information required by 1801.471(b),
requests for individual deviations from FAR cost principles under FAR
31.101 should include a copy of the contractor's request for cost
allowance.
Subpart 1801.6--Career Development, Contracting Authority, and
Responsibilities
1801.601 General.
The authority to contract for authorized supplies and services is
delegated to the Associate Administrator for Procurement and
installation officials by NPD 5101.32.
1801.602-3 Ratification of unauthorized commitments. (NASA supplements
paragraphs (b) and (c))
(b) Policy. Individuals making unauthorized commitments may be
subject to disciplinary action, and the issue may be referred to the
Office of Inspector General.
(c)(7) The authority in FAR 1.602-3 may be exercised only when--
(A) The Government employee who made the unauthorized commitment,
or his/her supervisor, if appropriate, initiates a procurement request
in accordance with 1804.7301.
(B) The procurement request and/or accompanying documentation
identifies the individual who made the unauthorized commitment, and
includes a statement signed by the individual that explains why normal
acquisition procedures were not followed, explains why the firm was
selected, lists other sources considered, describes the work, and
estimates or states the agreed price. If the Government representative
who made the unauthorized commitment is no longer available,
appropriate program personnel shall provide the information described
in this paragraph.
(C) The procurement request is submitted through the director of
the cognizant program office at the contracting activity, or comparable
official. In the procurement request, the director shall describe
measures taken to prevent the recurrence of the unauthorized
commitment.
1801.603 Selection, appointment, and termination of appointment.
1801.603-2 Selection.
Normally, only GS-1102 and -1105 personnel with the proper training
and experience may be appointed contracting officers and only when a
valid organizational need can be demonstrated.
1801.670 Delegations to contracting officer's technical
representatives (COTRs).
A COTR delegation may be made only by the contracting officer
cognizant of that contract at the time the delegation is made. If the
cognizant contracting officer is absent, the delegation letter may be
signed by a warranted contracting officer at any level above the
cognizant contracting officer. An individual COTR may have only the
duties specifically identified in a written delegation to him or her by
name (i.e., COTR duties may not be delegated to a position) and has no
authority to exceed them. COTRs should be informed that they may be
personally liable for unauthorized commitments. Contracting officer
authority to sign or
[[Page 40537]]
authorize contractual instruments shall not be delegated through a COTR
designation or by any means other than a contracting officer warrant.
Subpart 1801.7--Determinations and Findings
1801.707 Signatory authority.
Signatory authority for determinations and findings (D&Fs) is
specified in the FAR or the NFS text for the associated subject matter.
The Administrator may make any of the D&Fs that may be made by the
Associate Administrator for Procurement or by a contracting officer.
1801.770 Legal review.
Each D&F, including class D&Fs, shall be reviewed by counsel for
form and legality before signature by the approving authority.
3. Part 1802 is revised to read as follows:
PART 1802--DEFINITIONS OF WORDS AND TERMS
1802.000 Scope of part.
Subpart 1802.1--Definitions
1802.101 Definitions.
Authority: 42 U.S.C. 2473(c)(1)
PART 1802--DEFINITIONS OF WORDS AND TERMS
1802.000 Scope of part.
Commonly used words and terms are defined in FAR subpart 2.1. This
part 1802 gives NASA-specific meanings for some of these words and
terms and defines other words and terms commonly used in the NASA
acquisition process.
Subpart 1802.1--Definitions
1802.101 Definitions.
Administrator means the Administrator or Deputy Administrator of
NASA.
Contracting activity in NASA includes the NASA Headquarters
installation and the following field installations: Ames Research
Center, Dryden Flight Research Center, Goddard Space Flight Center,
Johnson Space Center, Kennedy Space Center, Langley Research Center,
Lewis Research Center, Marshall Space Flight Center, Space Station
Program Office and Stennis Space Center.
Head of the agency or agency head means the Administrator or Deputy
Administrator of NASA.
Head of the contracting activity means, for field installations,
the Director or other head and, for NASA Headquarters, the Associate
Administrator for Headquarters Operations.
Procurement officer means the chief of the contracting office, as
defined in FAR 2.101.
Senior Procurement Executive means the Associate Administrator or
Deputy Associate Administrator for Procurement, Office of Procurement,
NASA Headquarters (Code H).
4. Part 1803 is revised to read as follows:
PART 1803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
Subpart 1803.1--Safeguards
1803.101 Standards of conduct.
1803.101-1 General.
1803.101-2 Solicitation and acceptance of gratuities by Government
personnel.
1803.104 Procurement integrity.
1803.104-4 Definitions.
1803.104-5 Disclosure, protection, and marking of proprietary and
source selection information.
1803.104-7 Postemployment restrictions applicable to Government
officers and employees serving as procurement officials and
certifications required from procurement officials leaving
Government service.
1803.104-8 Knowing violations, duty to inquire, and ethics advisory
opinions.
1803.104-11 Processing violations or possible violations.
1803.104-12 Ethics program training requirements.
Subpart 1803.2--Contract or Gratuities to Government Personnel
1803.203 Reporting suspected violations of the Gratuities clause.
Subpart 1803.3--Reports of Suspected Antitrust Violations
1803.303 Reporting suspected antitrust violations.
Subpart 1803.5--Other Improper Business Practices
1803.502 Subcontractor kickbacks.
Subpart 1803.6--Contracts With Government Employees or Organizations
Owned or Controlled by Them
1803.602 Exceptions.
Subpart 1803.7--Voiding and Rescinding Contracts
1803.704 Policy.
1803.705 Procedures.
Subpart 1803.8--Limitation on the Payment of Funds to Influence Federal
Transactions
1803.804 Policy.
1803.806 Processing suspected violations.
Authority: 42 U.S.C. 2473(c)(1)
PART 1803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
Subpart 1803.1--Safeguards
1803.101 Standards of conduct.
1803.101-1 General.
The statutory prohibitions and their application to NASA personnel
are discussed in NHB 1900.1, Standards of Conduct for NASA Employees,
and NHB 1900.2, Standards of Conduct for NASA Special Government
Employees. All NASA personnel involved in acquisitions shall become
familiar with these statutory prohibitions. Any questions concerning
them shall be referred to legal counsel. In addition to criminal
penalties, the statutes provide that transactions entered into in
violation of these prohibitions are voidable (18 U.S.C. 218).
1803.101-2 Solicitation and acceptance of gratuities by Government
personnel.
Any suspected violations shall be reported promptly to the
installation's Office of Inspector General. (See Standards of Conduct
for NASA Employees, NHB 1900.1.)
1803.104 Procurement integrity.
1803.104-4 Definitions.
Designated agency ethics official means for Headquarters, the
General Counsel, and the Associate General Counsel for General Law, and
for each center, the Chief Counsel.
1803.104-5 Disclosure, protection, and marking of proprietary and
source selection information. (NASA supplements paragraphs (c) and (d))
(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
material described in FAR 3.104-4(k)(2)(i) through (ix) shall assure
that the material is marked with the legend in FAR 3.104-5(c) at the
time the material is prepared.
(ii) Unless marked with the legend ``SOURCE SELECTION INFORMATION--
SEE FAR 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
[[Page 40538]]
available to the public until the conclusion of the acquisition.
(d)(1) Government employees serving in the following positions are
authorized access to proprietary or source selection information, but
only to the extent necessary to perform their official duties:
(A) Personnel participating in source evaluation board (SEB)
procedures under 1870.303, App. I, or personnel evaluating an offeror's
or bidder's technical or cost proposal under other competitive
procedures, and personnel evaluating protests.
(B) Personnel assigned to the contracting office.
(C) The initiator of the procurement request (to include the
official having principal technical cognizance over the requirement).
(D) Small business specialists.
(E) Personnel assigned to counsel's office.
(F) Personnel assigned to the Defense Contract Audit Agency and
contract administration offices of the Department of Defense.
(G) Personnel responsible for the review and approval of documents
in accordance with the Master Buy Plan Procedure in subpart 1807.71.
(H) Other government employees authorized by the contracting
officer.
(I) Supervisors, at any level, of the personnel listed in
paragraphs 1803.104-5(d)(1) (A) through (H).
(J) Duly designated ombudsman.
(3) For contracts and contract modifications over $100,000, release
of proprietary or source selection information to another Government
activity shall be made by a letter citing the obligation under FAR
3.104-5(d) to maintain a list of persons or classes of persons
authorized access to proprietary or source selection information and to
provide the list to the contracting officer for the contract file.
1803.104-7 Postemployment restrictions applicable to Government
officers and employees serving as procurement officials and
certifications required from procurement officials leaving Government
service. (NASA supplements paragraph (a))
(a) The contracting officer shall obtain the following
certification from any procurement official leaving the Government or
transferring to another Government agency or any contractor employee
serving as a procurement official who ceases performance of those
duties during the conduct of an acquisition expected to result in a
contract or modification in excess of $100,000.
(Certification)
PROCUREMENT OFFICIAL CERTIFICATION UPON TERMINATION OF GOVERNMENT
SERVICE
I, [Name of procurement official], hereby certify that I
understand the continuing obligation under Section 27 of the Office
of Federal Procurement Policy Act (41 U.S.C. 423) not to disclose
proprietary or source selection information relating to any ongoing
acquisition for which I have served as a procurement official.
Signature of procurement official and date ______________
Identify applicable acquisitions (ones for which awards have not
been made at the time of the procurement official's departure):
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF
AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE,
FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT
TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001.
(End of certification)
1803.104-B Knowing violations, duty to inquire, and ethics advisory
opinions.
When a contracting officer has not been appointed, questions
regarding whether information is proprietary or source selection
information shall be referred to the procurement officer.
1803.104-11 Processing violations or possible violations. (NASA
supplements paragraphs (a), (b) and (f))
(a)(1) The Procurement Officer is the individual designated to
receive the contracting officer's report of violations in accordance
with FAR 3.104-11.
(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 Associate
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 Associate Administrator for Procurement (Attn:
Code HS) simultaneous with transmittal to the Administrator.
1803.104-12 Ethics program training requirements. (NASA supplements
paragraph (a))
(a)(3) Individuals who will serve as procurement officials shall
complete either Optional Form 333 or the following certification. The
Privacy Act Notice is intended for use when either the executed
Optional Form 333 or the executed certification will be filed in the
employee's official personnel file and a social security number is
needed. When an individual's social security number is being requested,
Centers may use the attached Privacy Act Notice or an appropriate
alternative Privacy Act Notice. The Privacy Act Notice may be omitted
if a social security number is not being requested.
(Certification)
PROCUREMENT INTEGRITY CERTIFICATION FOR PROCUREMENT OFFICIALS
As a condition of serving as a procurement official, I, [Name],
hereby certify that I am familiar with the provisions of subsections
27(b), (c), and (e) of the Office of Federal Procurement Policy Act
(41 U.S.C. 423) as amended by section 814 of Public Law 101-189. I
further certify that I will not engage in any conduct prohibited by
such subsections and will report immediately to the contracting
officer any information concerning a violation or possible violation
of subsections 27 (a), (b), (d), or (f) of the Act and applicable
implementing regulations. A written explanation of subsections 27(a)
through (f) has been made available to me. I understood that, should
I leave the Government during the conduct of an acquisition for
which I have served as a procurement official, I have a continuing
obligation under section 27 not to disclose proprietary or source
selection information relating to the acquisition and a requirement
to so certify.
I understand that my execution of this certification does not
make me a procurement official, nor will it be utilized to establish
that I am a procurement official.
Signature and date
(End of certification)
(Notice)
Name
Social Security Number
PRIVACY ACT NOTICE TO EMPLOYEES AND OFFICIALS
In accordance with the Privacy Act of 1974, as amended (5 U.S.C.
552a), the following notice is provided: AUTHORITY FOR COLLECTION OF
INFORMATION: 41 U.S.C. 423 and Executive Order 9397. Your signature
on the Procurement Integrity Certification for Procurement Officials
and disclosure of your Social Security Number are voluntary, but
possible effects upon you if the certification is not signed and the
Social Security Number is not provided include the following:
Disqualification from particular work or duty assignments, or
from the position for which you have applied or which you currently
hold, or other appropriate action, or administrative delay in
processing your certification.
Principal purpose for collection of this information:
To obtain and maintain a completed certification from any person
designated as a ``Procurement Official,'' as defined by 41 U.S.C.
423 and applicable acquisition regulations.
Routine uses which may be made of the collected information:
Transfers to Federal, state, local, or foreign agencies when
relevant to civil, criminal,
[[Page 40539]]
administrative, or regulatory investigations or proceedings,
including transfer to the Office of Government Ethics in connection
with its program oversight responsibilities, or pursuant to a
request by any appropriate Federal agency in connection with hiring,
retention, or grievance of an employee or applicant, the issuance of
a security clearance, the award or administration of a contract, the
issuance of a license, grant, or other benefit, to committees of the
Congress, or any other use specified by the Office of Personnel
Management (OPM) in the system of records entitled ``PM/GOT-1.
General Personnel Records,'' as published in the Federal Register
periodically by OPM.
(End of Notice)
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. (NASA supplements
paragraphs (b) and (d))
(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 he 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 Associate Administrator for Procurement has been delegated the
authority to authorize an exception to the policy in FAR 3.601. The
Associate 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
Associate Administrator for Procurement (Code HS) for approval.
Subpart 1803.7--Voiding and Rescinding Contracts
1803.704 Policy. (NASA supplements paragraph (a))
(a) The Associate 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.
Procurement officers shall make reports to the Associate
Administrator for Procurement (Code HS). The Associate 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
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 Associate Administrator for Procurement (Code HS) is the
designated official to whom suspected violations of the Act shall be
referred.
5. Part 1804 is revised as set forth below:
PART 1804--ADMINISTRATIVE MATTERS
Subpart 1804.1 Contract Executive
1804.103 Contract clause.
1804.170 Contract effective date.
Subpart 1804.2 Contract Distribution
1804.202 Agency distribution requirements.
Subpart 1804.4 Safeguarding Classified Information Within Industry
1804.402 General.
1804.404-70 Contract clause.
1804.470 Security requirements for unclassified automated
information resources.
1804.470-1 Scope.
1804.470-2 Policy.
1804.470-3 Contract clauses.
Subpart 1804.6 Contract Reporting
1804.601 Record requirements.
1804.602 Federal Procurement Data System.
1804.670 Individual Procurement Action Report (NASA Form 507
series).
1804.670-1 Applicability and coverage.
1804.670-2 Submission due date.
1804.670-3 Preparing Individual Procurement Action Reports (NASA
Forms 507, 507A, 507B, 507G, and 507M).
1804.671 Committee on Academic Science and Engineering (C.A.S.E.)
Report.
Subpart 1804.8 Government Contract Files
1804.802-70 Handling of classified material.
1804.803 Contents of contract files.
1804.803-70 Checklist.
1804.804 Closeout of contract files.
1804.804-2 Closeout of the contracting office files if another
office administers the contract.
1804.804-5 Detailed procedures for closing out contract files.
1804.805 Storage, handling, and disposal of contract files.
1804.805-70 Review, separation, and retirement of contract files.
Subpart 1804.70 Transfer of Contracting Office Responsibility
1804.7000 Scope of subpart.
1804.7001 Definition.
1804.7002 Approval of transfer requests.
[[Page 40540]]
1804.7003 Responsibilities of the contracting officer of the
transferring installation.
1804.7003-1 Coordinations.
1804.7003-2 File inventory.
1804.7003-3 Notifications.
1804.7003-4 Transfer.
1804.7003-5 Retention documentation.
1804.7004 Responsibilities of the contracting officer of the
receiving installation.
1804.7004-1 Pre-transfer file review.
1804.7004-2 Post-transfer actions.
Subpart 1804.71--Uniform Acquisition Instrument Identification
1804.7100 Scope of subpart.
1804.7101 Policy.
1804.7102 Prefixes.
1804.7103 Serial numbers.
1804.7104 Modifications of contracts or agreements.
Subpart 1804.72--Review and Approval of Contractual Instruments
1804.7200 Contract review by Headquarters.
Subpart 1804.73--Procurement Requests
1804.7301 General.
Authority: 42 U.S.C. 2473(c)(1)
PART 1804--ADMINISTRATIVE MATTERS
Subpart 1804.1--Contract Execution
1804.103 Contract clause.
The contracting officer shall include the clause at FAR 52.204-
1, Approval of Contract, in solicitations, contracts, and
supplemental agreements that require higher level approval. For
actions requiring Headquarters approval, insert ``NASA Associate
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: Document Processing Section, 800 Elkridge Landing Road,
Linthicum Heights, MD 21090-2934.
Subpart 1804.4--Safeguarding Classified Information Within Industry
1804.402 General. (NASA supplements paragraph (b))
(b) NASA industrial security policies and procedures are prescribed
in NMI 1600.2, NASA Security Program. (See also 1842.202-72).
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 is 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 automated information
resources.
1804.470-1 Scope.
This section implements the acquisition-related aspects of Federal
policies for assuring the security of unclassified automated
information resources.
1804.470-2 Policy.
NASA policies and procedures on automated information security are
prescribed in NMI 2410.7, Assuring the Security and Integrity of NASA
Automated Information Resources, and in NHB 2410.9, NASA Automated
Information Security Handbook, Chapters 3 and 4. Security requirements
for safeguarding sensitive information in unclassified Federal computer
systems are required in:
(a) Contracts for automatic data processing equipment, software,
the management or operation of Data Processing Installations (DPIs) or
related services; and
(b) Contracts under which contractor personnel must have physical
or electronic access to sensitive automated information, or automated
information that supports mission-critical functions.
1804.470-3 Contract clauses.
The contracting officer shall insert the clause substantially as
stated at 1852.204-76, Security Requirements for Unclassified Automated
Information Resources, in solicitations and contracts involving
unclassified automated information resources. Paragraph (a) of the
clause shall be completed with information supplied by the cognizant
requiring activity.
Subpart 1804.6--Contract Reporting
1804.601 Record requirements.
The Headquarters Office of Procurement (Code HC) is responsible for
meeting the requirements of FAR 4.601, based on installation submission
of Individual Procurement Action Reports (NASA Form 507 series) data.
1804.602 Federal Procurement Data System. (NASA supplements paragraph
(d))
(d) Code HC is responsible for requesting, obtaining, and reporting
Contractor Establishment Codes to the FPDS.
1804.670 Individual Procurement Action Report (NASA Form 507 series).
The Individual Procurement Action Report and Supplements (NASA Form
507 series) provide essential procurement records and statistics
through a single uniform reporting program as a basis for required
recurring and special reports to Congress, Federal Procurement Data
Center, and other Federal agencies. The preparation and utilization of
the NASA Form 507 series are integral parts of the agencywide Financial
and Contractual Status (FACS) system.
Sec. 1804.670-1 Applicability and coverage.
The following procurement actions are individually reportable and
require the completion of one or more of the forms in the 507 series.
(a) Initial basic procurements. (1) All contracts, regardless of
dollar obligation amount.
(2) All grants, cooperative agreements, and funded Space Act
agreements.
(3) Intragovernmental procurements and purchase orders when the
initial value is more than $25,000.
(4) All purchase orders for advisory and assistance services.
(5) Purchase orders of $25,000 or less for services within the four
designated industry groups identified at FAR 19.1005(a) under the Small
Business Competitiveness Demonstration Program. (These actions are not
FACS reportable, but are required for FPDS reports.)
(b) Modifications. Modifications that
(1) Obligate or deobligate funds, regardless of dollar amount,
(2) Change the estimated cost and/or fee,
(3) Extend the completion date, or
(4) Add or change procurement statistics previously reported.
1804.670-2 Submission due date.
The FACS report shall have information as of the last day of the
month and shall arrive in NASA Headquarters not later than the close of
[[Page 40541]]
business on the fifth work day following each month being reported. The
installation procurement officer should establish an agreement with the
installation financial officer on a cut-off date for processing
contractual documents to ensure that the FACS procurement submission
and the FACS financial submission for the month include the same
contracts.
1804.670-3 Preparing Individual Procurement Action Reports (NASA Forms
507, 507A, 507B, 507G, and 507M).
(a) The information required by the following forms shall be
provided when submitting individual Procurement Action Reports:
(1) New contract awards--NASA Forms 507, 507A, and 507B.
(2) New grants, cooperative agreements, funded Space Act
agreements, intragovernmental agreements, and orders against federal
supply schedules--NASA Forms 507G and 507B.
(3) Modifications to any procurement action--NASA Forms 507M and,
if necessary, 507B.
(b) The NASA Forms 507 series shall be prepared in accordance with
instructions issued by Code HC. These instructions will be issued and
updated through Procurement Information Circulars (PICs).
1804.671 Committee on Academic Science and Engineering (C.A.S.E.)
Report.
NASA Form 1356, C.A.S.E. Report on College and University Projects,
shall be prepared for awards to nonprofit institutions of higher
education or to nonprofit institutions that are operationally
affiliated or integrated with an educational institution. Information
on this form is used to produce reports required by the National
Science Foundation and to respond to inquiries. Submission is required
regardless of instrument type (contract, grant, cooperative agreement,
or funded Space Act agreement) and type of proposal (solicited or
unsolicited). Instructions appear on the form itself and constitute the
detailed guidance for preparation and submission. The form, which is
either included with the acquisition package or initiated by the
contracting office, shall be completed, reviewed, and promptly
forwarded upon award to the Headquarters Office of Human Resources and
Education (Code FET).
Subpart 1804.8--Government Contract Files
1804.802-70 Handling of classified material.
When a contract is unclassified, classified material relating to
that contract shall be maintained in a separate file folder and
container, and the unclassified folder shall be marked to indicate the
location of the classified material. The front and back of each folder
containing classified material shall be marked with the highest
classification assigned to any document in the folder.
1804.803 Contents of contract files.
1804.803-70 Checklist.
NASA Form 1098, Checklist for Contract Award File Content, shall be
used as the ``top page'' in contract files.
1804.804 Closeout of contract files.
1804.804-2 Closeout of the contracting office files if another office
administers the contract. (NASA supplements paragraph (b))
(b) Upon receiving the NASA Form 1611 or DD Form 1594, Contract
Completion Statement, from the contract administration office and
complying with FAR 4.804-2(b), the contracting officer shall complete
the form.
1804.804-5 Detailed procedures for closing out contract files. (NASA
supplements paragraphs (a) and (b))
(a) When the contracting office retains contract administration
(excluding acquisitions under the simplified acquisition threshold),
the contracting officer shall 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 shall
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. (NASA
supplements paragraph (a))
(a) See NHB 1441.1, NASA Records Disposition Handbook.
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 NHB 1441.1,
NASA Records Disposition Handbook.
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
[[Page 40542]]
constitutes approval to transfer program-related contracts.
1804.7003 Responsibilities of the contracting officer of the
transferring installation.
1804.7003-1 Coordinations.
The contracting officer of the transferring installation shall take
the following steps before transferring the contract:
(a) Agree on a plan and schedule with the contracting officer of
the receiving installation for transferring contract responsibility and
contract files.
(b) Coordinate with the following offices:
(1) Financial Management Office, to determine the contract
financial records to be transferred and the method, timing, and dollar
amount of such transfers.
(2) Technical (Engineering and Project) Office, to determine the
status of any outstanding engineering changes.
(3) Reliability and Quality Assurance Office, to determine status
and method of transferring the reliability and quality assurance
functions.
(4) Industrial Property and Facilities Office, to determine the
method of transferring the Government property records.
(5) Transportation Office, to determine the status of bills of
lading furnished the contractor.
(6) Security Office, to determine whether any classified material
is outstanding and whether special precautions are necessary during the
transfer process.
(7) Other organizational elements, to determine the status of any
other actions such as new technology, materials reports, PERT, and
safety.
1804.7003-2 File inventory.
The contracting officer of the transferring installation shall
prepare an inventory of the contract file. This inventory shall also
include a separate listing of all outstanding requests for contract
administration assistance issued to other Government agencies,
indicating the name and address of the agency office, functions
requested to be performed, estimated cost of the services, and
estimated reimbursement due the administration agency for the services
yet to be performed for each requested function. Copies of this
inventory shall be provided to the contracting officer of the receiving
installation.
1804.7003-3 Notifications.
The contracting officer of the transferring installation shall
provide written notification of the planned transfer to the contractor
and all agencies performing or requested to perform administration
services.
1804.7003-4 Transfer.
(a) Upon completion of the actions described in 1804.7003-1 through
1804.7003-3, the contracting officer of the transferring installation
shall issue a letter to the contractor, agencies performing contract
administration functions, contracting officer representatives, and the
contracting officer of the receiving installation. This letter shall
provide notification of the transfer date, termination of appointment
of the contracting officer's representatives, and the name, mailing
address, and telephone number of the contracting officer of the
receiving installation.
(b) After issuing the letters described in 1804.7003-4(a), the
contracting officer of the transferring installation shall send the
contract file to the contracting officer of the receiving installation
with a letter transferring contract responsibility. This letter shall
contain a provision for acceptance of the responsibility for the
contract and its related files by the contracting officer of the
receiving installation.
1804.7003-5 Retention documentation.
The contracting officer of the transferring installation shall
retain for permanent file a copy of the approvals and concurrences
required by 1804.7002, the transfer acceptance letter of the
contracting officer of the receiving installation, and any additional
documents necessary for a complete summary of the transfer action.
1804.7004 Responsibilities of the contracting officer of the receiving
installation.
1804.7004-1 Pre-transfer file review.
The contracting officer of the receiving installation shall review
the contract, letters of request, actions in process, and other related
files and to request corrective action, if necessary, before the
official transfer of the contract. This review may be waived by written
notification to the contracting officer of the transferring
installation.
1804.7004-2 Post-transfer actions.
The contracting officer of the receiving installation shall--
(a) Provide the contracting officer of the transferring
installation written acceptance of contract responsibility and receipt
of the contract files;
(b) Inform all offices affected within the installation of the
receipt of the contract;
(c) Appoint new contracting officer's technical representatives, as
necessary;
(d) Issue a contract modification to provide for the administrative
changes resulting from the transfer action (e.g., identifying offices
responsible for performing contract administration and making payment
and the office to which vouchers, reports, and data are to be
submitted);
(e) Provide copies of the contract documents to affected
installation offices; and
(f) If appropriate, supplement the letter of request to the
Government agency providing contract administration services to reflect
the changes resulting from the transfer action. The supplement may
terminate or amend an existing contract administration support
arrangement or may request support in additional areas.
Subpart 1804.71--Uniform Acquisition Instrument Identification
1804.7100 Scope of subpart.
This subpart contains the procedures for uniform numbering of NASA
solicitations, contracts (including letter contracts), purchase orders
(including requests to other Government agencies), basic ordering
agreements, other agreements between the parties involving the payment
of appropriated funds or collection of funds for credit to the Treasury
of the United States, and modifications or supplements to these
instruments.
1804.7101 Policy.
(a) Contractual documents shall be numbered with approved prefixes
and serial numbers as prescribed in this subpart. If other
identification is required for center purposes, it shall be placed on
the document in such a location as to clearly separate it from the
identification number.
(b) The identification number shall consist of not more than 11
alpha-numeric characters positioned as prescribed in this subpart and
shall be retained unchanged for the life of the particular instrument.
1804.7102 Prefixes.
(a) Approved prefixes are as follows:
------------------------------------------------------------------------
Purchase order
Installation Contract prefix prefix
------------------------------------------------------------------------
Ames Research Center............... NAS 2............ A
Dryden Flight Research Center...... NAS 4............ E
Goddard Space Flight Center........ NAS 5............ S
Headquarters....................... NASW............. W
[[Page 40543]]
Lyndon B. Johnson Space Center..... NAS 9............ T
John F. Kennedy Space Center....... NAS10............ CC
Langley Research Center............ NAS 1............ L
Lewis Research Center.............. NAS 3............ C
George C. Marshall Space Flight NAS 8............ H
Center.
NASA Management Office-JPL......... NAS 7............ WO
John C. Stennis Space Center....... NAS13............ NS
Space Station Program Office....... NAS15............ K
------------------------------------------------------------------------
(b) The contract prefix shall be used for the following documents:
(1) Contracts, including letter contracts, indefinite-delivery
contracts, utilities, leases of real property and renewals.
(2) Easements.
(3) Basic ordering agreements.
(4) Other written agreements involving payment or receipt of funds
not covered by 1804.7102(e).
(c) Contracts totally funded under reimbursable arrangements with
the department of Energy shall use a DEN prefix instead of the NAS
prefix (e.g., DEN 8 for Marshall).
(d) Space Act agreements awarded under the authority of Section
203(c)(5) or 203(c)(6) of the Space Act shall use an NCA prefix instead
of the NAS prefix (e.g., NCA 8 for Marshall).
(e) The purchase order prefix shall be used for purchase orders
(including blanket purchase agreements) and requests to other
Government agencies to furnish supplies or services.
(f) Solicitations shall be numbered in accordance with installation
procedures, except that in all cases the identifying number shall begin
with the portion of the installation's contract prefix following
``NAS.''
(g) If a prefix is required for an installation or office not
listed in this section, a request for a prefix assignment shall be
submitted to the Headquarters Office of Procurement (Code HC).
1804.7103 Serial numbers.
(a) Installations shall number contracts and agreements identified
in 1804.7102(b) serially by fiscal year. The serial number shall be
five digits beginning with a two-digit fiscal year identifier followed
by a three digits commencing with ``001'' and continuing in succession.
For example, the first contracts awarded by Ames Research Center in
fiscal year 1997 shall be numbered NAS 2 97001 and NAS 2 97002. Fiscal
year identification is optional for Space Act agreements.
(b) Serial number for purchase orders shall be assigned serially
without fiscal year identification. When the series of numbers exceeds
five digits (over 99,999), a new series shall be used, beginning the
series with number ``1'' and followed by the capital letter ``A.''
Should additional series become necessary, they will be distinguished
by the capital letters ``B,'' ``C,'' and so forth, as may be required,
except that the letters ``I'' and ``O'' shall not be used.
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 section.
Subpart 1804.72--Review and Approval of Contractual Instruments
1804.7200 Contact review by Headquarters.
(a) Requests for approval of contracts and supplemental agreements
by the Associate 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 Associate Administrator for Procurement on the
contract/supplemental agreement.
Subpart 1804.73--Procurement Requests
1804.7301 General.
Except in unusual circumstances, the contracting office shall not
issue solicitations until an approved procurement request, 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 approved procurement request
certifying that funds are available when--
(a) Such action is necessary to meet critical program schedules;
(b) Program authority has been issued and funds to cover the
procurement will be available prior to the date set for contract award
or contract modification; and
(c) The procurement officer authorizes such action in writing
before solicitation issuance.
(d) The solicitation includes the clause at FAR 52.232-18,
Availability of Funds. The clause shall be deleted from the resultant
contract.
6. Part 1805 is revised as set forth below:
PART 1805--PUBLICIZING CONTRACT ACTIONS
Subpart 1805.1--Dissemination of Information
1805.101 Methods of disseminating information.
Subpart 1805.2--Synopses of Proposed Contracts
1805.201 General.
1805.205 Special situations.
1805.207 Preparation and transmittal of synopses.
1805.207-70 Synopses of Architect-Engineer Services and Federal
Information Processing Resources.
Subpart 1805.3--Synopses of Contract Awards
1805.303 Announcement of contract awards.
1805.303-70 NASA Headquarters public announcement.
1805.303-71 Notification to the Administrator of significant
procurement actions.
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.
[[Page 40544]]
Authority: 42 U.S.C. 2473(c)(1).
PART 1805--PUBLICIZING CONTRACT ACTIONS
Subpart 1805.1--Dissemination of Information
1805.101 Methods of disseminating information. (NASA supplements
paragraph (b))
(b)(4) For NASA policy regarding paid advertisements, see 1805.502.
Subpart 1805.2--Synopses of Proposed Contracts
1805.201 General. (NASA supplements paragraph (a))
(a)(i) Except for acquisitions described in (a)(ii) of this
section, a copy of each synopsis shall be made available on the
Internet as well as published in the CBD.
(ii) Midrange acquisitions (see part 1871) with annual values of up
to $500,000 shall be made available only on the Internet.
1805.205 Special situations. (NASA supplements paragraph (a))
(a) Potential sources responding to R&D advance notices shall be
added to the appropriate solicitation mailing list for the subsequent
solicitation and, if they do not appear on the solicitation mailing
lists established in accordance with FAR 14.205-1, shall be requested
to submit Standard Form 129, Solicitation Mailing List Application.
Responding sources on established lists may be requested to submit
amended applications in order to reflect their current capabilities.
1805.207 Preparation and transmittal of synopses.
1805.207-70 Synopses of Architect-Engineer Services and Federal
Information Processing Resources.
(a) Architect-engineering services. (1) Each notice publicizing the
acquisition of architect-engineer services shall be headed ``C.
Architect-Engineer Services.''
(2) In addition to meeting the requirements of FAR 5.207(c), the
project description shall--
(i) State the relative importance the Government attaches to the
significant evaluation criteria and the date by which responses to the
notice must be received, including submission of Standard Form 255,
Architect-Engineer and Related Services Questionnaire for Specific
Project, if required;
(ii) Describe any specialized qualifications, security
classifications, and limitations on eligibility for consideration;
(iii) Describe qualifications or performance data required from
architect-engineer firms; and
(iv) If the acquisition is to be set aside for small business,
state this fact, indicating the specific size standard to be used and
requiring that eligible responding firms submit a small business
representation.
(3) Contracting officers shall add at the end of the synopsis:
See Note 24. Provisions of Note 24 apply to this notice except
that (a) in the sentence beginning ``Selection of firms for
negotiations,'' the fourth additional consideration listed is
changed to read: ``(4) past experience, if any, of the firm with
respect to performance on contracts with NASA, other Government
agencies, and private industry;'' and (b) in the last sentence,
``National Aeronautics and Space Administration'' is substituted for
``Department of Defense.''
(b) Federal Information Processing (FIP) Resources. (1) When total
requirement quantities are expected to satisfy the needs of only a
single field installation, each notice publicizing the acquisition of
FIP resources under an indefinite delivery/idenfinite quantity contract
or under a contract that includes options for additional quantities of
such resources shall include the following:
The ____ (identify contracting activity) is the primary delivery
point for the items described in this synopsis. However, NASA may
order delivery to the following alternate locations: ____ (List
other NASA installations and their locations).
(2) When the contemplated contract will authorize orders from
locations other than the awarding installation, the notice shall fully
describe the ordering scope.
Subpart 1805.3--Synopses of Contract Awards
1805.303 Announcement of contract awards. (NASA supplements paragraph
(a))
(a)(i) In lieu of the $3 million threshold cited in FAR 5.303(a),
NASA Headquarters public announcement is required for award of contract
actions that have a total anticipated value, excluding unexercised
options, of $25 million or greater. This threshold applies to new
awards, contract modifications, and option exercises, but not to
incremental funding or cost overrun modifications.
(A) For undefinitized contract actions, the not-to-exceed (NTE) or
ceiling price value is the face value.
(B) For indefinite delivery, time and material, labor hour, and
similar contracts, the estimated amount of the basic contract is the
face value. Individual orders up to the face value shall not be
announced regardless of value. However, after the face value is
reached, any subsequent modifications or orders of $25 million or
greater must be announced.
(ii) NASA Headquarters public announcement is also required for
award of a contract action with a value of less than $25 million if the
contracting officer believes it to have Agency public information
implications.
(iii) Contractual instruments requiring Headquarters public
announcement shall not be distributed nor shall any source outside NASA
be notified of their status until the public announcement procedures in
1805.303-70 have been completed.
1805.303-70 NASA Headquarters public announcement.
(a) For those contract actions requiring Headquarters public
announcement in accordance with 1805.303, the contracting officer shall
furnish a draft news release including the following information,
through the installation Public Affairs Office, via facsimile
transmission to the Headquarters Office of Public Affairs, News and
Imaging Branch (Code PM):
(1) A brief description of the work, including identification of
the program and project;
(2) Identification of the contract action as either a new contract
or additional work of services under an existing contract;
(3) Contract type. For undefinitized contract actions, identify the
planned contract type of the definitized instrument;
(4) The dollar amount authorized for the instant action and the
estimated total cost of the contract if this is different. For
undefinitized contract actions, indicate the NTE or ceiling price
amount;
(5) Name and address (including zip code) of the contractor;
(6) Principal work performance locations;
(7) Names and addresses of any unsuccessful offerors.
(b) The information in paragraph (a) of this section shall be
provided to Code PM before transmitting a letter contract to a
contractor for signature. For actions other than letter contracts, the
information should be transmitted to Code PM after contractor
signature, if applicable, no later than 48 hours before the planned
award.
(c) For contract actions requiring Headquarters approval in
accordance with 1804.72, the draft news release required by paragraph
(a) of this section
[[Page 40545]]
shall be provided to the Headquarters Office of Procurement (Code HS)
with the request for approval. Code HS will forward the information to
Code PM after approval.
(d) Code PM will advise the installation Public Affairs Office of
the date public announcement of the contract action will be made.
Installations may proceed with award and local release of the
information no earlier than 4:00 p.m. ET of the date Code PM makes
public announcement. If earlier award is considered appropriate,
installations must request authorization from the Associate
Administrator for Procurement (Code HS).
1805.303-71 Notification to the Administrator of significant
procurement actions.
(a) In addition to the public announcement requirements described
in 1805.303-70, contracting officers shall notify the Administrator of
the following procurement actions at least five (5) workdays prior to
planned public announcement of the actions:
(1) Planned contract award for competitive acquisitions of $25
million or more, including all priced options.
(2) Planned contract award of non-competitive awards and new work
modifications of $100 million or more, including all priced options.
(3) Planned award of other procurement actions at any dollar value
thought to be of significant interest to Headquarters.
(b) To provide notification to the Administrator, the contracting
officer shall send the information listed in paragraphs (b) (1) through
(10) of this subsection to the Headquarters Office of Procurement (Code
HS) via facsimile transmission (202-358-4065). Immediately prior to
transmission, the contracting officer shall notify Code HS by telephone
(202-358-2080) of the impending transmission. In accordance with FAR
3.104-5(c), the contracting officer shall mark all pages that include
source selection information with the legend ``SOURCE SELECTION
INFORMATION--SEE FAR 3.104.'' The following information shall be sent:
(1) Title and a brief nontechnical description of the work,
including identification of the program or project;
(2) Identification of the contract action as either a new contract
or additional supplies or services under an existing contract;
(3) Contract type (including whether a cost contract is completion
or level-of-effort). For undefinitized contract actions, identify the
planned contract type of the definitized instrument;
(4) The total contract value for the instant action including all
priced options. Also include the Government's most probable cost. For
undefinitized contract actions, indicate the NTE or ceiling price
amount;
(5) The name, address, and business size status of the prime
contractor and each major (over $1M) subcontractor;
(6) Small business and small disadvantaged business subcontracting
goals both in dollars and percentage of the value of the action
including all options;
(7) Principal work performance locations;
(8) Brief description of any unusual circumstances;
(9) The names and telephone numbers of the contracting officer and
project manager; and
(10) For competitive selections only, provide on a separate
attachment the names and addresses of all unsuccessful offerors and a
brief explanation of the general basis for the selection.
(c) The field installation shall not proceed with any awards or
announcements until Code HS has advised that the Administrator has been
notified of the proposed action and the supporting information. Once
this advice is received from Code HS, the field installation shall
proceed with the public announcement procedures described in 1805.303-
70.
Subpart 1805.4--Release of Information
1805.402 General public. (NASA paragraphs (1) and (2))
(1) Unless the head of the contracting activity determines that
disclosure would be prejudicial to the interests of NASA, installation
Public Affairs Offices may make public the following information on
NASA acquisitions:
(i) The names of firms invited to submit offers;
(ii) The names of firms that attended any pre-bid or pre-proposal
conference; and
(iii) The names of firms that submitted offers.
(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. (NASA supplements
paragraph (a))
(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.
7. Part 1806 is revised as set forth below:
PART 1806--COMPETITION REQUIREMENTS
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.
Authority: 42 U.S.C. 2473(c)(1)
PART 1806--COMPETITION REQUIREMENTS
Subpart 1806.2--Full and Open Competition After Exclusion of
Sources
1806.202 Establishing or maintaining alternative sources. (NASA
supplements paragraphs (a) and (b))
(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.
[[Page 40546]]
(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.
Sec. 1806.202-70 Formats.
A sample format for D&Fs citing the authority of FAR 6.202(a)
follows:
Natonal 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
Sec. 1806.302 Circumstances permitting other than full and open
competition.
Sec. 1806.302-4 International agreement.
Sec. 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;
(b) Is reviewed and approved by the appropriate competition
advocate in accordance with NFS 1806.304-70; and
(c) 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. (NASA supplements paragraph (c))
(c)(2) The notice to Congress shall be made by NASA Headquarters,
Office of Legislative Affairs (Code LC). 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. (NASA supplements paragraphs (b) and (d))
(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 that authority of FAR 6.302-1 (a)(2)(i)
or FAR 6.302-7 to NASA Headquarters, International Relations Division
(Code IR), unless one of the exceptions at FAR 25.403 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 this 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. Where ``brand name or
equal'' purchase descriptions list the salient physical, functional, or
other characteristics of the item being procured and are properly used
under
[[Page 40547]]
1811.104, the justification requirements of FAR part 6 and this part
1806 do not apply.
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.
1806.304-70 Approval of NASA justifications.
Concurrences and approvals for justifications of contract actions
conducted in accordance with FAR subparts 6.2 and 6.3 shall be obtained
as follows:
(a) For proposed contracts over $500,000 but not exceeding
$10,000,000--
(1) Concurring official: Procurement Officer
(2) Approving official: Center or Headquarters Competition
Advocate.
(b) For proposed contracts over $10,000,000 but not exceeding
$50,000,000--
(1) Concurring officials:
(i) Procurement Officer
(ii) Center or Headquarters Competition Advocate
(2) Approving official: Center Director or Associate Administrator
for Headquarters Operations.
(c) For proposed contracts over $50,000,000--
(1) Concurring officials:
(i) Procurement Officer
(ii) Center or Headquarters Competition Advocate
(iii) Center Director or Associate Administrator for Headquarters
Operations
(iv) Agency Competition Advocate
(2) Approving Official: Associate Administrator for Procurement
(d) The approval authority of FAR 6.304(a)(3) may not be delegated
to other than the installation's Deputy Director.
(e) For proposed contract actions requiring approval by the
Associate Administrator for Procurement, the original justification
shall be forwarded to the Associate Administrator for Procurement (Code
HS).
(f) Regardless of dollar value, class justifications shall be
approved by the Associate Administrator for Procurement.
Subpart 1806.5--Competition Advocates
1806.501 Requirement. (NASA paragraphs (1), (2), (3) and (4))
(1) The Deputy Associate Administrator for Procurement is the
agency competition advocate, reporting to the Associate Deputy
Administrator on issues related to competition of NASA acquisitions.
(2) The Center Deputy Directors or Associate Directors are the
competition advocates for their contracting activities.
(3) The Director, Program Operations Division, Code HS, is the
competition advocate for the Headquarters contracting activity.
(4) The Deputy Manager is the contracting activity competition
advocate for the Space Station Program Office.
1806.502 Duties and responsibilities. (NASA supplements paragraph (b))
(b)(i) Center competition advocates shall submit annual reports to
the agency competition advocate (Code HS) on or before November 30.
(ii) The agency competition advocate shall submit an annual agency
report on or before January 31.
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
7a. The authority citation for part 1852 continues to read as
follows:
Authority: 42 U.S.C. 2473 (c)(1).
8. Part 1852 is amended as follows:
1852.000 [Amended]
a. Section 1852.000 is revised to read as follows:
1852.000 Scope of part.
This part, in conjunction with FAR Part 52--
(a) Sets forth the provisions and clauses prescribed in the NFS,
(b) Gives instructions for their use, and
(c) Presents a matrix listing the provisions and clauses applicable
to each principal contract type and/or purpose (e.g., fixed-price
supply, cost-reimbursement research and development).
Subpart 1852.1--[Revised]
b. Subpart 1852.1 is revised to read as follows:
Subpart 1852.1--Instructions for Using Provisions and Contracts.
1852.101 Using Part 52.
1852.103 Identification of provisions and clauses.
1852.103-70 Identification of modified provisions and clauses.
1852.104 Procedures for modifying and completing provisions and
clauses.
1852.101 Using FAR part 52. (NASA supplements paragraphs (b) and (e))
(b)(2)(i)(B) NASA contracting offices prescribing or developing
clauses shall ensure that the requirements of subpart 1801.3 are met.
(e)(1) The NFS matrix in subpart 1852.3 is formatted similarly to
that in the FAR. The first page of the NFS matrix contains a key to
column headings, a dollar threshold chart, and requirement symbols. To
fully determine the applicability of a provision or clause in the
``required-when-applicable'' and ``optional'' categories, Contracting
Officers shall refer to the NFS text (cited in the matrix) that
prescribes its use.
(4) The NFS matrix may be reproduced by field installations for the
purpose of supplementing it with installation-developed provisions and
clauses.
1852.103 Identification of provisions and clauses. (NASA supplements
paragraphs (b) and (c))
(b) Provisions and clauses prescribed by a field installation to
satisfy its needs shall be identified as stated in paragraphs (b) (i)
and (ii) of this section. Articles, formats, and similar language shall
be treated as provisions and clauses for purposes of this section
1852.103.
(i) A provision or clause shall be numbered using a prefix, a base,
and a suffix. The prefix shall be an alphabetical abbreviation of the
installation name (e.g., ARC, DFRC, GSFC, CW, JSC, KSC, LARC, LERC,
MSFC, SSC, or SSPO). The base shall be a numeric value beginning with
``52.2,'' with the next two digits corresponding to the number of the
FAR or NFS subject part to which the provision or clause relates. The
suffix shall be a hyphen and sequential number assigned within each
part. NASA installations shall use suffix numbers from -90 to -199. For
example, the first Johnson Space Center (JSC) provision or clause
relating to part 36 of the FAR or NFS shall be JSC 52.236-90, the
second JSC 52.236-91, and so forth. Provisions and clauses shall be
dated in accordance with FAR 52.101(f).
[[Page 40548]]
(ii) Contracting officers shall identify provisions and clauses as
in the following examples:
(A) I.2 BID ENVELOPES (GSFC 52.214-90) (AUGUST 1987) This example
is applicable when identifying the title of provisions and clauses in
solicitations and contracts using the uniform contract format (UCF).
The first number (``I.2'') designates the UCF section and the
sequential clause within that section ``GSFC 52.214-90'' specifies the
clause number.
(B) GSFC 52.214-90--Bid Envelopes (AUGUST 1987) This example is
applicable in all instances in which the provision or clause citation
is not associated with the UCF number.
(C) Contracting officers shall not number provisions and clauses
developed for individual acquisitions only. For example, ``F.3 Delivery
Procedures for Special Hardware'' cites the third clause in Section F
of a contract using the UCF, but has no clause number or date
identified with it, indicating that the clause was developed for the
particular contract it appears in.
1852.103-70 Identification of modified provisions and clauses.
When a FAR clause or provision is included in a solicitation or
contract and the NFS prescribes a modification, the title line shall
identify the modification as shown in this subsection. This format
shall be used both for incorporation by reference and when using full
text.
``52.232-28 Electronic Funds Transfer Payment Methods (APR
1989)--as modified by NASA FAR Supplement 1832.908(a)''
1852.104 Procedures for modifying and completing provisions and
clauses.
NFS provisions and clauses shall not be modified unless authorized
by the NFS. When authorized, contracting officers must comply with the
procedures in FAR 52.104.
Subpart 1852.2--Text of Provisions and Clauses.
1852.203-70, 1852.204-77, 1852.204-78, 1852.207-70 [Removed]
c. Sections 1852.203-70, 1852.204-77, 1852.204-78, and 1852.207-70
are removed.
1852.204-75, 1852.204-76, 1852.208-81, 1852.209-70, 1852.209-71,
1852.209-72 [Revised]
d. Sections 1852.204-75, 1852.204-76, 1852.208-81, 1852.209-70,
1852.209-71, and 1852.209-72 are revised to read as follows:
1852.204-75 Security classification requirements.
As prescribed in 1804.404-70, insert the following clause:
SECURITY CLASSIFICATION REQUIREMENTS (SEPTEMBER 1989)
Performance under this contract will involve access to and/or
generation of classified information, work in a security area, or
both, up to the level of ________________________ [insert the
applicable security clearance level]. See Federal Acquisition
Regulation clause 52.204-2 in this contract and DD Form 254,
Contract Security Classification Specification, Attachment ________
[Insert the attachment number of the DD Form 254].
(End of clause)
1852.204-76 Security requirements for unclassified automated
information resources.
As prescribed in 1804.470-3, insert the following clause:
SECURITY REQUIREMENTS FOR UNCLASSIFIED AUTOMATED INFORMATION RESOURCES
(SEPTEMBER 1993)
(a) In addition to complying with any functional and technical
security requirements set forth in the schedule and the clauses of
this contract, the Contractor shall initiate personnel screening
checks and obtain user responsibility agreements, as required by
this clause, for each contractor employee requiring unescorted or
unsupervised physical access or electronic access to the following
limited or controlled areas, systems, programs and data: [List
areas, systems, programs and data].
(1) The Contractor shall submit a personnel security
questionnaire (NASA Form 531, Name Check Request, for National
Agency Check (NAC) investigations and Standard Form 85P,
Questionnaire for Public Trust Positions, for specified sensitive
positions) and a Fingerprint Card (FD-258 with NASA overprint in
Origin Block) to the installation Security Officer for each
Contractor employee who requires access. The required forms may be
obtained from the installation security office. Employees may have
fingerprints taken at the [Insert office name and location], or at
any police department.
(i) Several months may be required for completion of complex
personnel screening investigations. Background screening may not be
required for employees with recent or current Federal Government
investigations.
(ii) When employee access is necessary prior to completion of
personnel screening, each contractor employee requiring access may
be considered for escorted access. The installation Security Officer
will establish the eligibility of proposed escorts.
(2) The Contractor shall ensure that each contractor employee
requiring access executes any user responsibility agreements
required by the Government prior to access. The Contractor shall
provide signed copies of the agreements to the installation Security
Officer for inclusion in the employee's security file. Unauthorized
access is a violation of law and punishable under the provisions of
18 U.S.C. 1029, 18 U.S.C. 1030 and other applicable statutes.
(3) The Contractor shall notify the installation AIS Manager no
later than the end of the day of the termination for cause of an
authorized employee's access. The Contractor shall notify the COTR
no later than ten days after an authorized employee no longer
requires access for any other type of termination. Verbal
notifications shall be confirmed in writing within thirty days.
(b) The Contractor shall incorporate this clause in all
subcontracts where the requirements identified in paragraph (a) are
applicable to performance of the subcontract.
(End of clause)
1852.208-81 Restrictions on Printing and Duplicating.
As prescribed in 1801.870, insert the following clause:
RESTRICTIONS ON PRINTING AND DUPLICATING (AUGUST 1993)
(a) The Contractor shall reproduce any documentation required by
this contract in accordance with the provisions of the Government
Printing and Binding Regulations, No. 26, S. Pub 101-9, U.S.
Government Printing Office, Washington, DC, 20402, published by the
Joint Committee on Printing, U.S. Congress.
(b) The Contractor shall not perform, or procure from any
commercial source, any printing in connection with the performance
of work under this contract. The term ``printing'' includes the
processes of composition, platemaking, presswork, silk screen
processes, binding, microform, and the end items of such processes
and equipment.
(c) ``Duplicating/copying'' is not considered to be printing. It
is material produced by duplicating equipment employing the
lithographic process and automatic copy-processing or copier-
duplicating machines employing electrostatic, thermal, or other
copying processes not requiring the use of negatives or metal
plates. The Contractor is authorized to duplicate production unites
provided the requirement does not exceed 5,000 production units of
any one page or 25,000 units in the aggregate of multiple pages.
Such plates may not exceed a maximum image size of 10\3/4\ by 14\1/
4\ inches. A ``production unit'' is one sheet, size 8\1/2\ x 11
inches (215 x 280 mm), one side only, and one color ink.
(d) This clause does not preclude writing, editing, preparation
of manuscript copy, or preparation of related illustrative material
as a part of this contract, or administrative duplicating/copying
(for example, necessary forms and instructional materials used by
the Contractor to respond to the terms of the contract).
(e) Costs associated with printing or duplicating/copying in
excess of the limits set forth above are unallowable without prior
written approval of the Contracting Officer. If the contractor has
reason to believe that any activity required in fulfillment of the
contract will necessitate any printing or substantial duplicating/
copying, it immediately shall provide written notice to the
Contracting Officer and request approval prior to
[[Page 40549]]
proceeding with the activity. Requests will be processed by the
Contracting Officer in accordance with the provisions of the
Government Printing and Binding Regulations and NFS 1808.802.
(f) The Contractor shall include in each subcontract which may
involve a requirement for any printing and/or any duplicating/
copying in excess of the limits specified in paragraph (c) of this
clause, a provision substantially the same as this clause, including
this paragraph (f).
(End of clause)
1852.209-70 Product removal from Qualified Products List.
As prescribed in 1809.206-71, insert the following clause:
PRODUCT REMOVAL FROM QUALIFIED PRODUCTS LIST (DECEMBER 1988)
If, during the performance of this contract, the product being
furnished is removed from the Qualified Products List for any
reason, the Government may terminate the contract for Default
pursuant to the default clause of the contract.
(End of clause)
1852.209-71 Limitation of Future Contracting.
As prescribed in 1809.507-2, the contracting officer may insert a
clause substantially as follows in solicitations and contracts, in
compliance with FAR 9.507-2:
LIMITATION OF FUTURE CONTRACTING (DECEMBER 1988)
(a) The Contracting Officer has determined that this acquisition
may give rise to a potential organizational conflict of interest.
Accordingly, the attention of prospective offerors is invited to FAR
Subpart 9.5--Organizational Conflicts of Interest.
(b) The nature of this conflict is [describe the conflict].
(c) The restrictions upon future contracting are as follows:
(1) If the Contractor, under the terms of this contract, or
through the performance of tasks pursuant to this contract, is
required to develop specifications or statements or work that are to
be incorporated into a solicitation, the Contractor shall be
ineligible to perform the work described in that solicitation as a
prime of first-tier subcontractor under an ensuing NASA contract.
This restriction shall remain in effect for a reasonable time, as
agreed to by the Contracting Officer and the Contractor, sufficient
to avoid unfair competitive advantage or potential bias (this time
shall in no case be less than the duration of the initial production
contract). NASA shall not unilaterally require the Contractor to
prepare such specifications or statements of work under this
contract.
(2) To the extent that the work under this contract requires
access to proprietary, business confidential, or financial data of
other companies, and as long as these data remain proprietary or
confidential, the Contractor shall protect these data from
unauthorized use and disclosure and agrees not to use them to
complete with those other companies.
(End of clause)
1852.209-72 Composition of the Contractor.
As prescribed in 1809.670, insert the following clause:
COMPOSITION OF THE CONTRACTOR (DECEMBER 1988)
If the Contractor is comprised of more than one legal entity,
each entity shall be jointly and severally liable under this
contract.
(End of clause)
[FR Doc. 96-19422 Filed 8-2-96; 8:45 am]
BILLING CODE 7510-01-M
