[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Rules and Regulations]
[Pages 19925-19928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10126]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1802, 1804, 1812, 1852, 1853, and 1871
Administrative Revisions to the NASA FAR Supplement
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: This is a final rule to conform NASA FAR Supplement MidRange
Administrative Procedures with FAR 19.11, 19.12, 19.13, and make
editorial corrections and miscellaneous changes dealing with NASA
internal and administrative matters.
[[Page 19926]]
DATES: This rule is effective April 23, 1999.
ADDRESSES: Celeste Dalton, NASA Headquarters Office of Procurement,
Contract Management Division (Code HK), Washington, DC 20546.
FOR FURTHER INFORMATION CONTACT: Celeste Dalton, (202) 358-1645, e-
mail: celeste.dalton@hq.nasa.gov.
SUPPLEMENTARY INFORMATION:
Background
Recent changes to FAR Subpart 19.11, Price Evaluation Adjustment
for Small Disadvantaged Business Concerns, and FAR Subpart 19.12, Small
Disadvantaged Business Participation Program, established mechanisms to
benefit small disadvantaged business (SDB) firms at the prime and
subcontract levels. This rule incorporates these changes into MidRange
Procedures and provides guidance on the evaluation of the extent of SDB
participation, as required by FAR 19.12, under MidRange Best Value
Selection (BVS) procedures. NASA MidRange Procurement Procedures
require that all acquisitions be reserved for small business concerns.
Changes at FAR 19.13, implementing the SBA Historically Underutilized
Business Zone (HUBZone) Program, change the order of priority for small
business set-asides. This rule incorporates this change into the
MidRange Procedures. Additional administrative changes are made to the
MidRange Procedures to: reflect the expiration of the pilot test period
and synopsis waiver for these procedures; modify the dollar threshold
for MidRange acquisitions; correct a FAR citation noted in section
1871.401-1(b)(3); delete redundant coverage of NASA Acquisition
Internet Service (NAIS) usage at section 1871.405; and add prescribed
NASA Forms 1667 and 1668 to Part 1853. Other editorial changes
unrelated to MidRange are made to: revise the language at
1812.301(f)(i) to clarify that use of the clauses listed is authorized
without obtaining a waiver; add clause 1852.223-71, Frequency
Authorization, to the list of clauses authorized for use in commercial
acquisitions in accordance with the authority at FAR 12.301(f); and
revise several references to Lewis Research Center (LeRC) to the Glenn
Research Center at Lewis Field (GRC).
Impact
Regulatory Flexibility Act
This final rule does not constitute a significant revision within
the meaning of FAR 1.501 and Pub. L. 98-577, and publication for public
comments is not required. However, comments from small entities
concerning the affected NFS subpart will be considered in accordance
with 5 U.S.C. 610. Such comments must be submitted separately and
should cite 5. U.S.C. 601, et seq.
Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the NFS do not impose recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public which require the approval of the Office of
Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 1802, 1804, 1812, 1852, 1853, and
1871
Government procurement.
Tom Luedtke,
Acting Associate Administrator for Procurement.
Accordingly, 48 CFR Parts 1802, 1804, 1812, 1852, 1853, and 1871
are amended as follows:
PART 1802--DEFINITIONS OF WORDS AND TERMS
1. The authority citation for 48 CFR Parts 1802, 1804, 1812, 1852,
1853, and 1871 continues to read as follows:
Authority: 42 U.S.C. 2473(c)(1).
2. In the definition ``Contracting activity'' in section 1802.101,
``Lewis Research Center'' is removed and ``Glenn Research Center at
Lewis Field'' is added in alphabetical order after ``Dryden Flight
Research Center''.
PART 1804--ADMINISTRATIVE MATTERS
3. In paragraph (a) to section 1804.7102, under the heading
``Installation'', ``Lewis Research Center'' is removed and ``Glenn
Research Center at Lewis Field'' is added in its place and the entry is
placed in alphabetical order after ``Dryden Flight Research Center''.
PART 1812--ACQUISITION OF COMMERCIAL ITEMS
4. Section 1812.301, is revised to read as follows:
1812.301 Solicitation provisions and contract clauses for the
acquisition of commercial items. (NASA Supplements paragraph (f))
(f)(i) The following clauses are authorized for use in acquisitions
of commercial items when required by the clause prescription:
(A) 1852.214-71, Grouping for Aggregate Award.
(B) 1852.214-72, Full Quantities.
(C) 1852.215-84, Ombudsman.
(D) 1852.219-75, Small Business Subcontracting Reporting.
(E) 1852.219-76, NASA Small Disadvantaged Business Goal.
(F) 1852.223-71, Frequency Authorization.
(G) 1852.228-72, Cross-Waiver of Liability for Space Shuttle
Services.
(H) 1852.228-76, Cross-Waiver of Liability for Space Station
Activities.
(I) 1852.228-78, Cross-Waiver of Liability for NASA Expendable
Launch Vehicles.
(J) 1852.232-70, NASA Progress Payment Rates.
(K) 1852.246-72, Material Inspection and Receiving Report.
PART 1852--SOLICITATION PROVISIONS AND CONRACT CLAUSES
5. In paragraph (b)(i) to section 1852.103, ``CW'' and ``LERC'' are
removed, and ``GRC'' is added in alphabetical order after ``DFRC''.
PART 1853--FORMS
6. Section 1853.271 is added to read as follows:
1853.271 MidRange procurement procedures (NASA Forms 1667 and 1668).
The following forms are prescribed in 1871.105(f):
(a) NASA Form 1667, Request for Offer.
(b) NASA Form 1668, Contract.
PART 1871--MIDRANGE PROCUREMENT PROCEDURES
7. Subpart 1871.1 is revised to read as follows:
Subpart 1871.1--General
Sec.
1871.101 Purpose.
1871.102 Applicability.
1871.103 Definitions.
1871.104 Policy.
Subpart 1871.1--General
1871.101 Purpose.
The purpose of this part is to establish policies and procedures
that implement the MidRange procurement process.
1871.102 Applicability.
(a) This part applies to all acquisitions at NASA, except as
provided in 1871.401-4(a)(3), the aggregate amount of which is not more
than $10,000,000 including options, and for commercial items (FAR Part
12) not more than $25,000,000 including options. This part may be used
for commercial item contracts above $25,000,000 at the installation's
discretion.
[[Page 19927]]
(b) For other than commercial items, if the Government estimate
exceeds the limits of paragraph (a) of this section, the acquisition
will be processed under FAR and NFS procedures applicable to large
acquisitions (see FAR Parts 14 and 15). When the estimate is within the
threshold of paragraph (a) of this section and the acquisition was
started using these procedures but the offered prices/costs exceed the
MidRange ceiling, the acquisition 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 acquisitions; and
(3) The acquisition does not exceed $15,000,000 for the total
requirement.
1871.103 Definitions.
The following terms are used throughout part 1871 as defined in
this subpart.
(a) MidRange procurement procedure means a set of procedures
contained in this part and within the applicability of 1871.102.
(b) Request for Offer (RFO) means the solicitation used to request
offers for all authorized MidRange procurements.
(c) Clarification and Discussion are used as defined in FAR 15.306.
(d) Commercial item is used as defined in FAR 2.101.
1871.104 Policy.
(a) Unless stated otherwise, acquisitions conducted using MidRange
procedures shall comply with all applicable parts of the FAR and NFS
(e.g. FAR 15.4 and 1815.4--Contract Pricing, and FAR 19.7 and 1819.7--
The Small Business Subcontracting Program).
(b) Acquisitions conducted under Part 1871, unless otherwise
properly restricted under the provisions of FAR Part 6, are considered
to be full and open competition after exclusion of sources when set
aside for competitions among small business concerns (FAR 6.203), 8(a)
concerns (FAR 6.204), or HUBZone small businesses (FAR 6.205).
(c) Options may be included in the acquisition provided they
conform to 1871.102(a).
(d) 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) acquisitions within the applicability of
1871.102(a).
(e) The NASA Acquisition Internet Service (NAIS) will be used to
the maximum extent practicable to disseminate advance acquisition
information and conduct part 1871 acquisitions.
(f) Use of locally generated forms is encouraged where their use
will contribute to the efficiency and economy of the process. NASA
Forms 1667, Request for Offer, and 1668, Contract, or computer
generated versions of these forms, may be used as the solicitation and
contract cover sheets, respectively, except that the SF1442,
Solicitation, Offer, and Award (Construction, Alteration, or Repair),
shall be used for construction acquisitions and the SF1449,
Solicitation/Contract/Order for Commercial Items, shall be used for
commercial item acquisitions. Contractor generated forms or formats for
solicitation response should be allowed whenever possible. There is no
requirement for uniform formats (see FAR 15.204).
8. In section 1871.204, paragraphs (a), (d), and (f) are revised
and paragraph (h) is added to read as follows:
1871.204 Small business set-asides.
(a) Except as provided in paragraphs (b) through (f) of this
section, each MidRange acquisition shall be reserved exclusively for
small business concerns. (See FAR subparts 19.5 and 19.13. See FAR
19.1305(a) regarding priority considerations).
* * * * *
(d) If the buying team procurement member determines that the
conditions for a HUBZone set-aside, HUBZone sole source, or small
business set-aside cannot be satisfied, the buying team may purchase on
an unrestricted basis utilizing MidRange procedures. The buying team
procurement member shall document the contract file with the reason for
the unrestricted acquisition.
* * * * *
(f) If the buying team proceeds with a small business MidRange set-
aside and receives an offer from only one responsible small business
concern at a reasonable price, the contracting officer will normally
make an award to that concern. However, if the buying team does not
receive a reasonable offer from a responsible small business concern,
the buying team procurement member may cancel the small business set-
aside and complete the acquisition on an unrestricted basis utilizing
MidRange procedures. If the acquisition is a HUBZone set-aside and only
one acceptable offer is received, the buying team should proceed with
the award in accordance with FAR 19.1305(d). The buying team
procurement members shall document in the file the reason for the
unrestricted purchase.
* * * * *
(h) Each model contract under a HUBZone MidRange set-aside shall
contain the clause at FAR 52.219-3, Notice of Total HUBZone Set-Aside.
9. In section 1871.401-1, paragraph (b)(3) is revised and paragraph
(b)(5) is added to read as follows:
1871.401-1 Sealed offers.
* * * * *
(b) * * *
(3) All offers shall be examined for mistakes in accordance with
FAR 14.407-1 and 14.407-2. The buying team shall determine that a
prospective contractor is responsible and that the prices offered are
reasonable (see FAR 14.408-2).
* * * * *
(5) When proceeding with an unrestricted acquisition see--
(i) FAR Subpart 19.11 regarding use of the price evaluation
adjustment for small disadvantaged business (SDB) concerns; and
(ii) FAR Subpart 19.13 regarding use of the price evaluation
preference for HUBZone small business concerns.
10. In section 1871.401-2, the section heading is revised and
paragraph (b)(5) is added to read as follows:
1871.401-2 Two-step competitive acquisition.
* * * * *
(b) * * *
(5) When proceeding with an unrestricted acquisition see--
(i) FAR Subpart 19.11 regarding use of the price evaluation
adjustment for SDB concerns; and
(ii) FAR Subpart 19.13 regarding use of the price evaluation
preference for HUBZone small business concerns.
11. In section 1871.401-3, the section heading is revised and
paragraph (a)(4) is added to read as follows:
1871.401-3 Competitive negotiated acquisition not using qualitative
criteria.
(a) * * *
(4) When proceeding with an unrestricted acquisition see--
(i) FAR Subpart 19.11 regarding use of the price evaluation
adjustment for SDB concerns; and
(ii) FAR Subpart 19.13 regarding use of the price evaluation
preference for HUBZone small business concerns.
* * * * *
12. In section 1871.401-4 paragraph (a)(5) is added to read as
follows:
[[Page 19928]]
1871.401-4 Competitive negotiations using qualitative criteria (Best
Value Selection).
(a) * * *
(5) When proceeding with an unrestricted acquisition see--
(i) FAR Subpart 19.11 regarding use of the price evaluation
adjustment for SDB concerns. SDB concerns that choose the FAR 19.11
price evaluation adjustment shall receive no consideration under a
MidRange BVS value characteristic that addresses the FAR 19.1202 SDB
participation evaluation;
(ii) FAR 19.1202 regarding the evaluation of the participation of
SDB concerns in performance of the contract. For BVS MidRange
acquisitions, SDB participation shall be evaluated as a BVS value
characteristic (see 1871.603(b)); and
(iii) FAR Subpart 19.13 regarding use of the price evaluation
preference for HUBZone small business concerns.
* * * * *
13. In section 1871.401-5, paragraph (b) is revised to read as
follows:
1871.401-5 Noncompetitive negotiations.
* * * * *
(b) Procedures.
(1) The buying team shall request pricing information in accordance
with FAR 15.402 and 15.403.
(2) The technical member of the buying team shall provide technical
assistance to the procurement member during evaluation and negotiation
of the contractor's offer.
14. Section 1871.405 is removed.
15. 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. In addition,
contracting officers shall comply with the preaward notices for small
business programs in FAR 15.503(a)(2).
16. In section 1871.602, the second sentence is revised to read as
follows:
1871.602 Specifications for MidRange procurements.
* * * The offeror will be guided in meeting the Government's needs
by a separate set of value characteristics which establish what the
Government considers to be valuable in an offer beyond the baseline
requirement. * * *
17. In section 1871.603, paragraphs (b) and (c) are redesignated as
paragraphs (d) and (e), and new paragraphs (b) and (c) are added to
read as follows:
1871.603 Establishment of evaluation criteria.
* * * * *
(b) For unrestricted acquisitions, small disadvantaged business
(SDB) participation shall be evaluated as a BVS value characteristic
(see FAR 19.1202-3). In order to receive consideration under the value
characteristic, the offeror must propose a target for SDB participation
greater than the baseline requirement. The baseline requirement for SDB
participation is zero or no SDB participation. SDB concerns that choose
the price evaluation adjustment under FAR 19.11 shall receive no
consideration under this MidRange BVS value characteristic. Like other
value characteristics, offerors meeting the baseline, but proposing no
value above the baseline, and which are otherwise acceptable, are to be
considered for award if they are finalists.
(c) Past performance may be included as a value characteristic or
considered as a separate evaluation criteria. If considered as a
separate criterion, the relative importance of past performance in
relation to cost and technical must be defined in the solicitation.
* * * * *
[FR Doc. 99-10126 Filed 4-22-99; 8:45 am]
BILLING CODE 7510-01-P
