[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Rules and Regulations]
[Pages 51368-51370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24430]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1871
RIN 2700-AC18
Modification of Test of MidRange Procurement Procedures
AGENCY: Office of Procurement, National Aeronautics and Space
Administration (NASA).
ACTION: Temporary rule.
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SUMMARY: The Office of Federal Procurement Policy approved a test of
NASA's MidRange Procurement Procedures in 1993. This rule changes the
procedures to reflect the Federal Acquisition Streamlining Act and
minor changes as a result of an additional year of testing the
procedures.
EFFECTIVE DATE: This regulation is effective October 1, 1995, and
expires June 30, 1997.
FOR FURTHER INFORMATION CONTACT:
Mr. T. Deback, (202) 358-0431.
SUPPLEMENTARY INFORMATION: The MidRange Procurement Procedures were
published in 59 FR 59378, November 17, 1994. The following substantive
changes are being made to the MidRange Procurement Procedures: (1) The
thresholds for all MidRange procedures, with the exception of the
synopsis waiver, are increased to $1M for an individual contract and
$5M for a contract plus options, and (2) all procurements of commercial
items are considered MidRange procurement regardless of dollar value.
In addition, all procedures other than the NASA Acquisition Internet
Service and Best Value Selection have proven to be successful. NASA
will continue to use these successful procedures. They are no longer
considered to be undergoing testing. The NASA Acquisition Internet
Service and Best Value Selection are still undergoing testing as part
of the MidRange Procedure.
List of Subjects in 48 CFR 1871
Government Procurement.
Tom Luedtke,
Deputy Associate Administrator for Procurement.
Accordingly, 48 CFR part 1871 is amended as follows.
1. The authority citation for 48 CFR part 1871 continues to read as
follows:
Authority: 42 U.S.C. 2473(c)(1).
PART 1871--MIDRANGE PROCUREMENT PROCEDURES
2. Section 1871.000 is revised to read as follows:
1871.000 Scope of part.
This part prescribes policies and procedures for the acquisition of
supplies, including commercial items, and services.
Subpart 1871.1--General
1871.101 [Amended]
3. Section 1871.101 is amended by removing the second sentence.
4. Section 1871.103 is revised to read as follows:
1871.103 Applicability.
(a) This part applies to all acquisitions, as described in
1871.103(b), conducted at NASA installations.
(b) This part applies to all contract actions the aggregate amount
of which is greater than the simplified acquisition threshold (SAT)
(FAR part 13) and not more than $1,000,000 in basic value and for
commercial items (FAR part 12) regardless of dollar value. For service
contracts, up to four annual options of not more than $1,000,000 each
are permitted where the option requirements are substantially the same
as the basic requirement. For R&D
[[Page 51369]]
contracts, options are permitted not to exceed $1,000,000 in total
value (basic contract plus options). For supply contracts, four options
of not more than $1,000,000 each are permitted when not more than
$1,000,000 in funding is to be required in any fiscal year. The total
amount of the basic award plus options may not exceed $5,000,000 in
either the case of supplies or services except as provided in paragraph
(c) of this section. For commercial item contracts, options are
permitted regardless of dollar value.
(c) For other than commercial items, if the Government estimate for
the basic award amount or any option amount, if any, exceeds the limits
of 1871.103(b), the procurement will be processed under FAR and NFS
procurement procedures applicable to large procurements (see FAR parts
14 and 15). When the estimate is within the range of 1871.103(b) and
the procurement was started using these procedures but the offered
prices/costs exceed the MidRange ceiling, the procurement may continue
under MidRange procedures, provided that:
(1) The price/cost can be determined to be fair and reasonable,
(2) The successful offeror accepts incorporation of required FAR
and NFS clauses applicable to large procurements, and
(3) The procurement does not exceed $1,500,000 for the basic
requirement (and each option, if any) or $7,500,000 for the total
requirement.
5. Section 1871.104 is amended by revising paragraph (a) and adding
paragraphs (g) and (h) to read as follows:
1871.104 Definitions.
* * * * *
(a) NASA Acquisition Internet Services or NAIS means a computer
system through which users may access documents available in electronic
format.
* * * * *
(g) Commercial item is used as defined in FAR 2.101.
(h) Presolicitation notice is used interchangeably with the term
synopsis.
6. Section 1871.105 is amended by revising paragraphs (d), (e) and
(f) to read as follows:
1871.105 Policy.
* * * *
(d) Options may be included in the acquisition provided they
conform to 1871.103(b) or do not exceed $5,000,000 for the total
requirement, options included.
(e) The appropriate part 1871 post-selection processes
(negotiation, award, and publication of award) may be used to the
extent applicable for Small Business Innovation Research (SBIR), broad
agency announcements, unsolicited proposals, and Small Business
Administration 8(a) procurement actions within the applicability of
1871.103(b).
(f) The NAIS will be used to the maximum extent practicable to
disseminate advance procurement information and conduct part 1871
procurements.
* * * * *
Subpart 1871.3--Publicizing of Solicitation
7. Section 1871.301 is amended by revising the last sentence to
read as follows:
1871.301 Publicizing policy.
* * * As soon as practicable after a requirement has been finalized
and before the RFO is ready for release, a presolicitation notice of
the procurement action shall be published on the NAIS.
8. Section 1871.302 is revised to read as follows:
1871.302 Publicizing procedure.
(a) Synopses are not to be sent to or published in the Commerce
Business Daily except where the basic award is expected to exceed
$500,000, the total amount of the basic award plus options is expected
to exceed $2,500,000, or annual obligations are expected to exceed
$500,000 in any one year.
(b) A separate pre-solicitation notice for each requirement shall
be published on the NAIS. The pre-solicitation notice shall be
published prior to the actual release of the solicitation, except as
set forth in paragraph (d) of this section.
(c) The presolicitation notice will comply with the requirements
set forth in FAR 5.207(b).
(1) Include a statement that the solicitation will be released via
the NAIS, that potential offerors will be responsible for downloading
their own copy of the solicitation, and that hard copies of the
solicitation shall be made available on request, but the closing date
will be the same as that required for the NAIS released solicitation;
and
(2) State the projected solicitation release date, provide notice
that it is the offeror's responsibility to monitor the NAIS for
solicitation release as the solicitation will be released as soon as
practicable whether prior or subsequent to the projected date, and
identify the name, telephone number, and e-mail address of a point of
contact. The presolicitation notice shall be updated to reflect
significant changes to the original notice.
(d) For commercial item purchases, the streamlined solicitation
(combined presolicitation notice and solicitation described in FAR part
12) may be used.
Subpart 1871.4--Request for offer (RFO)
9. Section 1871.401 is amended by revising the fourth sentence to
read as follows:
1871.401 Types of RFO's.
* * * If the conditions FAR 6.401(a) are met, the RFO's described
in 1871.401-1 and 1871.401-2 shall be used; otherwise, RFO's described
in 1871.401-3, 1871.401-4, 1871.401-5, or 1871.401-6 may be used. * * *
10. Section 1871.401-1 is amended by revising the fourth sentence
in paragraph (b)(2) to read as follows:
1871.401-1 Sealed Offers.
* * * * *
(b) * * *
(2) * * * For unclassified acquisitions, a summary abstract,
containing offerors, prices and any essential information specific to
that procurement shall be posted on the NAIS. * * *
* * * * *
11. Section 1871.401-5 is amended by revising paragraph (b)(1) to
read as follows:
1871.401-5 Noncompetitive negotiations.
* * * * *
(b) * * * (1) Within the dollar thresholds specified in
1871.302(a), posting a presolicitation notice on the NAIS meets the
requirement of FAR 5.201 and complies with the notice required by the
Competition in Contracting Act. A presolicitation notice is not
required if one of the exceptions of FAR 5.202 is met.
* * * * *
12. Section 1871.401-6 is added to read as follows:
1871.401-6 Commercial items.
(a) Policy. (1) The RFO may be used as the solicitation method for
commercial items.
(2) MidRange Procedures may be used for commercial item
procurements to the extent they are applicable.
(b) Procedures. (1) Offerors shall be requested to provide both a
technical and a price offer by the closing date specified.
(2) The offers will be evaluated in accordance with applicable
procedures.
13. Section 1871.406 is amended by revising the section heading to
read as follows:
[[Page 51370]]
1871.406 RFO by NAIS.
14. Section 1871.406-1 is revised to read as follows:
1871.406-1 Methods of disseminating information (applicable to
procurements meeting the thresholds in 1871.302(a)).
(a) In accordance with 1871.302, presolicitation notices of
solicitations for MidRange procurements shall be posted on the NAIS.
The presolicitation notice shall include the information required by
1871.302(c).
(b) Solicitations for MidRange Procurements shall be made available
on the NAIS. Paper copies shall be mailed within 5 working days from
the date the RFO is posted on the NAIS or receipt of the request,
whichever is later.
(c) Solicitations available on the NAIS are exempt from the
requirement in FAR 14.203-1 that delivery of the solicitations be made
pursuant to FAR 14.205.
(d) For the purposes of FAR 15.402(a), a solicitation posted on the
NAIS is a written solicitation.
(e) Solicitations posted on the NAIS in accordance with these
regulations are exempt from the requirement in FAR 15.408(a) to issue
solicitations using the procedures in FAR part 5.
15. Section 1871.406-3 is revised to read as follows:
1871.406-3 Publicizing and response time.
In accordance with 18.403, contracting activities shall allow at
least 15 calendar days response time for receipt of offers from the
date of posting of the solicitation on the NAIS. Contracting activities
shall check the NAIS immediately after uploading a solicitation to
assure that the solicitation is properly posted.
16. Section 1871.406-4 is revised to read as follows:
1817.406-4 Method of soliciting offers.
(a) Solicitations and solicitation amendments for MidRange
procurements shall be generated in, or converted to, electronic files
and uploaded to the NAIS.
(b) Amendments to a solicitation posted on the NAIS shall be
uploaded to the NAIS, and the solicitation and amendment number shall
be added to the index of amended solicitations.
Subpart 1871.5--Award
17. Section 1871.505 is revised to read as follows:
1871.505 Notifications to unsuccessful offerors.
For solicitations that were posted on the NAIS, a preaward notice
shall be electronically transmitted to the offerors. This notice meets
the requirements of FAR 15.1001. However, the preaward notice in a
small business set-aside must allow unsuccessful offerors 5 working
days to challenge the small business status of the successful offeror.
The procedures of FAR 15.1001(c)(2) shall be followed for procurements
subject to the Trade Agreements Act.
18. Section 1871.506 is revised to read as follows:
1871.506 Publication of award.
An award notice shall be posted on the NAIS for seven (7) calendar
days after posting, if the contract offers subcontracting opportunities
or if it is subject to the Trade Agreements Act. The information
required by FAR 5.207 shall be included in the award notice in
abbreviated form.
19. Section 1871.605 is amended by revising the first sentence in
paragraph (a)(1) to read as follows:
1871.605 Negotiation methods and procedures.
(a) * * *
(1) The buying team may choose to conduct parallel negotiations of
complete contracts with those offerors determined to be finalists or
with all acceptable offerors.* * *
* * * * *
[FR Doc. 95-24430 Filed 9-29-95; 8:45 am]
BILLING CODE 7510-01-M
