[Federal Register Volume 59, Number 80 (Tuesday, April 26, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9965]
[[Page Unknown]]
[Federal Register: April 26, 1994]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1801, 1814, 1815, 1842, and 1852
[NASA FAR Supplement Directive 89-14]
Acquisition Regulation; Additional Miscellaneous Amendments to
NASA FAR Supplement
AGENCY: Office of Procurement, Procurement Policy Division, National
Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: This document amends the NASA Federal Acquisition Regulation
Supplement (NFS) to reflect a number of additional miscellaneous
changes: Points of contact; solicitation cover pages; contracting
officer technical representatives; Technical Direction clause; and
editorial corrections.
EFFECTIVE DATE: This regulation will be effective April 26, 1994.
FOR FURTHER INFORMATION CONTACT: Mr. David K. Beck, (202) 358-0482.
SUPPLEMENTARY INFORMATION:
Availability of NASA FAR Supplement
The NASA FAR Supplement, of which this rule is a part, is available
in its entirety on a subscription basis from the Superintendent of
Documents, Government Printing Office, Washington, DC 20402, telephone
number (202) 783-3238. Cite GPO Subscription Stock Number 933-003-
00000-1. It is not distributed to the public, either in whole or in
part, directly by NASA.
Points of Contact
This rule revises the list of contacts in section 1801.370.
Solicitation Cover Pages
Sections 1814.201-70 and 1815.406-71 are added to standardize the
content of solicitation cover pages.
Contracting Officer Technical Representatives (COTR)
Section 1801.670(b) is revised to increase from $2,500 to $25,000
the threshold below which delegations may be made for COTRs to sign
emergency change orders under construction contracts. The procedures in
section 1842.270 for appointing COTRs are revised.
Technical Direction Clause
The clause in section 1852.242-70 uses the term ``requirements'' in
paragraph (a) and the term ``scope'' in paragraphs (d)(2) and (e).
There is a concern that the term ``scope'' could be interpreted to mean
something more than the term ``requirements.'' Therefore, the word
``requirements'' is being substituted for ``scope'' in both places.
Editorial Corrections
A typographical correction is made in section 1815.613-70(c).
Section 1852.216-77 is amended to add a note that was inadvertently
omitted. The note explains to NASA contracting officers that, as with
the clause at section 1852.216-76, where the number ``6'' is marked by
an asterisk, that a period of time greater or lesser than 6 months may
be substituted.
Impact
NASA certifies that this regulation will not have a significant
economic effect on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
List of Subjects in 48 CFR Parts 1801, 1814, 1815, 1842, and 1852
Government procurement.
Tom Luedtke,
Deputy Associate Administrator for Procurement.
Accordingly, 48 CFR parts 1801, 1814, 1815, 1842, and 1852 are
amended as follows:
1. The authority citation for 48 CFR parts 1801, 1814, 1815, 1842,
and 1852 continues to read as follows:
Authority: 42 U.S.C. 2473(c)(1).
PART 1801--PURPOSE, AUTHORITY, ISSUANCE
2. Section 1801.370 is amended in paragraphs (a)(1)(i) and
(a)(1)(ii) by revising ``Eichenlaub'' to read ``Jedrey'' in the entries
for parts 1, 15, 30, 31 and 42; in paragraph (a)(1)(ii) by adding entry
``70.5'' in numerical order to the table; and in paragraph (b) by
removing ``Eichenlaub, Carl E. (HP) 358-0483'' from the table and
adding the following entry in alphabetical order to the table to read
as follows:
1801.370 Points of contact.
* * * * *
(a) * * *
(1) * * *
(i) FAR Council--Jedrey
(ii) FAR and NFS Substantive areas--
------------------------------------------------------------------------
Area Analyst(s)
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Part 1:
*****
All Other Subparts........................... Jedrey
*****
Part 15:
15.8....................................... Walker/Jedrey
15.9....................................... Walker/Jedrey
*****
Part 30...................................... Guenther/Jedrey
Part 31...................................... LeCren/Jedrey
*****
Part 42:
42.7....................................... Balinskas/Jedrey
42.8....................................... Balinskas/Jedrey
42.10...................................... Guenther/Jedrey
*****
70.5....................................... Whelan
*****
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(b) Consolidated Contact List.
------------------------------------------------------------------------
Name (code) (202)
------------------------------------------------------------------------
*****
Jedrey, Christopher T. (HP)................................. 358-0483
*****
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1801.670 [Amended]
3. Paragraph (b) of section 1801.670 is amended by revising the
last sentence to read as follows:
1801.670 Delegation of procurement responsibilities.
* * * * *
(b) * * * However, delegations may be made to construction contract
COTRs to sign emergency change orders with an estimated value not to
exceed $25,000 on-site at construction sites.
PART 1814--SEALED BIDDING
4. Section 1814.201-70 is added to read as follows:
1814.201-70 Solicitation cover page.
The contracting officer may include a cover page on solicitations
if it conforms to the policies stated in section 1815.406-71.
PART 1815--CONTRACTING BY NEGOTIATION
5. Section 1815.406-71 is added to read as follows:
1815.406-71 Solicitation cover page.
The contracting officer may include a cover page on solicitations
if it conforms to the following policies:
(a) The cover should not unnecessarily repeat or paraphrase any
part of the solicitation; rather, it should only describe subject
material, except as otherwise provided in this section.
(b) The cover may draw the offeror's attention to specific
limitations on who may submit offers, such as the Small Business Set-
Aside provision.
(c) The cover may include a general reminder that representations
and certifications must be carefully read and completed, but should not
include specific listings of individual provisions from Section K,
Representations and Certifications.
(d) The cover may include specific listings of clauses that are not
located in Section K, but which contain boxes or fill-ins that must be
completed as part of the offer.
(e) The cover must contain a statement that in the event of a
conflict between the cover and the solicitation, the solicitation takes
precedence.
(f) The cover may include a very brief description or ``executive
summary'' of the requirement. This summary should be no longer than the
CBD synopsis, and preferably shorter; if the project title makes clear
what is being procured, that should be sufficient. Generally, only
major procurements should utilize a summary.
1815.613-70 [Amended]
6. Paragraph (c) of section 1815.613-70 is amended by revising
``Innovative'' to read ``Innovation''.
PART 1842--CONTRACT ADMINISTRATION
7. Section 1842.270 is revised to read as follows:
1842.270 Contracting officer technical representative (COTR)
delegations.
(a) A contracting officer may appoint another Government employee
to act as the contracting officer's authorized technical representative
in managing the technical aspects of a particular contract. If
necessary, the contracting officer may appoint an alternate COTR to act
during short absences of the COTR; the policies and procedures for
COTRs also shall apply to alternate COTRs. Technical organizations are
responsible for ensuring that the individual they recommend to the
contracting officer possesses training, qualifications and experience
commensurate with the duties and responsibilities to be delegated and
the nature of the contract. The contracting officer shall ensure that
the duties and responsibilities delegated do not exceed the limitations
at 1801.670(b).
(b) COTRs shall be designated by name and position title (see the
1801.670(b) prohibition against delegating COTR duties solely to a
position rather than to a named individual). Each COTR appointment
shall be in writing and shall clearly define the purpose and
limitations of the COTR's authorities, duties and responsibilities.
NASA Form 1634, Contracting Officer Technical Representative (COTR)
Delegation, shall be used to appoint COTRs. The COTR delegation shall
be signed by the cognizant contracting officer, or at any level above
that contracting officer (see 1801.670(b)), and shall state that the
duties and responsibilities may not be redelegated by the COTR and that
the COTR may be held personally liable for unauthorized acts. (However,
this does not prohibit the COTR from receiving assistance for the
purpose of monitoring contractor progress and gathering information.)
When an individual is appointed as a COTR on more than one contract,
separate delegations shall be issued for each contract. A separate NASA
Form 1634 will be used to appoint an alternate COTR; alternates may act
only during official absences of the COTR, such as leave, TDY or other
special assignments. The delegated duties and responsibilities of the
alternate may not exceed those of the COTR.
(c) A COTR delegation remains in effect throughout the life of the
contract unless cancelled in writing by the cognizant contracting
officer or at any level above that contracting officer. The contracting
officer may modify the delegation only by issuance of a new delegation
cancelling and superseding the existing delegation.
(d) A COTR shall not be authorized to initiate procurement actions
by use of purchase orders, or to place calls or delivery orders under
indefinite-delivery contracts or basic ordering agreements, or in any
way cause a change to the contract or increase the Government's
financial obligations. A COTR shall not be authorized to award, agree
to, or sign any contract or modification or in any way obligate the
payment of money by the Government. The COTR is not authorized to issue
technical direction unless the clause at 1852.242-70, Technical
Direction, prescribed in 1842.7001, is included in the contract and the
authorization is specifically listed in paragraph 3(m) of the COTR
delegation letter (NASA Form 1634). However, delegations may be made to
construction contract COTRs to sign emergency change orders with an
estimated value not to exceed the value specified in writing by the
contracting officer in the NASA Form 1634 but in no event to exceed
$25,000, on-site at construction sites, if sufficient funds have been
previously certified to cover the emergency change. After issuing an
emergency change order, the COTR shall notify the contracting officer
as soon as possible, in person or telephonically, and subsequently
provide a written determination supporting the need for the action.
(e) The contracting officer shall send the original and one copy of
the COTR delegation letter to each COTR, who shall acknowledge receipt
and accept the delegation by signing the original and returning it to
the contracting officer. The original of the COTR delegation letter
shall be filed in the applicable contract file. Copies of the signed
COTR delegation letter shall be distributed to the contractor and to
each cognizant contract administration office. Acknowledgement and
distribution for terminations of COTR delegations and COTR delegations
which revise authority, duties and responsibilities shall follow the
same rules.
(f) The proposed COTR (and alternates) shall be trained in the
duties, responsibilities, and authority of the role of the COTR. That
mandatory training shall include, at a minimum, the following core
topic areas: contracting authority; procurement integrity; contract
modifications; surveillance plans; contracting for inherently
governmental functions, personal services, and NASA policy on the
acquisition of services; the Service Contract Act; the Anti-Deficiency
Act; contract financial management; the ``Changes'' clause; the
``Disputes'' clause; the ``Inspection'' clause; Government property and
policy procedures; and the ``Limitation of Funds'' and ``Limitation of
Cost'' clauses. Procurement Officers are responsible for assuring that
the course(s) utilized by their installation address the mandatory core
topics in sufficient detail for the purpose of COTR training.
(g) The contracting officer shall verify that the COTR has received
the mandatory training before signing the NASA Form 1634. Contracting
officers shall terminate COTR delegations of COTRs who have not met the
above training requirements by April 1, 1995. If, however, an urgent
need arises for the appointment of a COTR and no trained and otherwise
qualified individual is available, then the Procurement Officer may
make a temporary COTR appointment not to exceed six months, which may
not be extended by more than six months. Temporary appointments must be
so identified and clearly reflect the appointment expiration date. No
technical direction may be issued by a COTR serving under a temporary
appointment. If a COTR serving under a temporary appointment believes
that technical direction should be issued to the contractor, the COTR
shall so advise the contracting officer and provide such assistance
regarding the proposed direction as the contracting officer may
require.
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
8. Section 1852.216-77 is amended by adding the following paragraph
after paragraph (d):
1852.216-77 Award fee for non-service contracts.
* * * * *
*A period of time greater or lesser than 6 months may be
substituted in accordance with 1816.404-272(a).
9. Section 1852.242-70 is amended by revising the heading, month
and year of the clause and paragraphs (d)(2) and (e) to read as
follows:
1852.242-70 Technical direction.
* * * * *
Technical Direction (September 1993)
* * * * *
(d) * * *
(1) * * *
(2) Within the requirements of the contract and does not
constitute a change under the Changes clause of the contract, and
that the Contractor should proceed promptly with its performance.
(e) A failure of the Contractor and the Contracting Officer to
agree that the instruction or direction is both within the
requirements of the contract and does not constitute a change under
the Changes clause, or a failure to agree upon the contract action
to be taken with respect to the instruction or direction, shall be
subject to the Disputes clause of this contract.
* * * * *
[FR Doc. 94-9965 Filed 4-25-94; 8:45 am]
BILLING CODE 7510-01-P
