[Federal Register Volume 61, Number 174 (Friday, September 6, 1996)]
[Rules and Regulations]
[Pages 47068-47082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22234]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1807, 1808, 1809, 1810, 1811, 1812, 1814, 1828, 1835,
1842, 1852, 1871
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 1807 through 1814 (except 1813), and clauses affected by
these parts, are revised in their entirety. Part 1810 is removed in its
entirety; a new Part 1811 is added; and Parts 1828, 1835, 1842, and
1871 are revised as a result of the rewritten parts. The numbering of
NFS sections has been changed to indicate the exact section of the FAR
being implemented or supplemented.
EFFECTIVE DATE: September 6, 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.
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 rule does not
impose any reporting or record keeping requirements subject to the
Paperwork Reduction Act.
List of Subjects in 48 CFR Parts 1807, 1808, 1809, 1810, 1811, 1812,
1814, 1828, 1835, 1842, 1852, and 1871
Government procurement.
Tom Luedtke,
Deputy Associate Administrator for Procurement.
Accordingly, 48 CFR Parts 1807, 1808, 1809, 1810, 1811, 1812, 1814,
1828, 1835, 1842, 1852, and 1871 are amended as follows:
2. Part 1807 is revised to read as follows:
PART 1807--ACQUISITION PLANNING
Subpart 1807.1--Acquisition Plans
Sec.
1807.103 Agency-head responsibilities.
1807.105 Contents of written acquisition plans.
1807.170 Acquisition Strategy Meeting (ASM)
Subpart 1807.2--Planning for the Purchase of Supplies in Economic
Quantities
1807.204 Responsibilities of contracting officers.
Subpart 1807.3--Contractor Versus Government Performance
1807.307 Appeals.
Subpart 1807.5--Inherently Governmental Functions
1807.503 Policy.
Subpart 1807.70--Reserved
Subpart 1807.71--Master Buy Plan
1807.7100 General.
1807.7101 Applicability.
1807.7102 Submission, selection, and notification procedures.
1807.7102-1 Submission of Master Buy Plan.
1807.7102-2 Submission of amendments to the Master Buy Plan.
1807.7102-3 Selection and notification procedures.
1807.7103 Format of Master Buy Plan.
Subpart 1807.72--Acquisition Forecasting
1807.7200 Scope of subpart.
1807.7201 Definitions.
1807.7202 Policy.
1807.7203 Responsibilities.
1807.7204 Forecast data.
1807.7205 Public availability.
Authority: 42 U.S.C. 2473(c)(1)
PART 1807--ACQUISITION PLANNING
Subpart 1807.1--Acquisition Plans
1807.103 Agency-head responsibilities.
(NASA supplements paragraphs (d) and (e))
(d)(i) Except as provided in paragraph (d)(iii) of this section,
acquisition plans shall be prepared according to the following:
(A) For acquisitions requiring Headquarters approval, by an
Acquisition Strategy Meeting (ASM) (see 1807.170);
(B) For acquisitions not requiring Headquarters approval and
expected to exceed $5 million, by installation-approved ASMs or written
acquisition plans; and,
(C) For acquisitions not expected to exceed $5 million, in
accordance with installation procedures.
(ii) The estimated dollar amounts shall include all options and
later phases of the same program or project.
(iii) Acquisition plans are not required for the following
acquisitions:
(A) Architect-engineering services;
(B) Broad agency announcements (see 1835.016) or unsolicited
proposals;
(C) Basic research from nonprofit organizations;
(D) Utility services available from only one source;
(E) From or through other Government agencies;
(F) Industrial facilities required in support of related contracts;
or
(G) MidRange procedure awards (see part 1871). However, acquisition
plans are required for commercial item acquisitions that exceed the
MidRange dollar thresholds for noncommercial items.
[[Page 47069]]
(iv) Acquisition plans shall be approved before soliciting
proposals.
(v) Approval of an acquisition plan does not constitute approval of
any special conditions, or special clauses that may be required unless
the plan so specifies, and the individual having approval authority is
a signatory of the plan. All required deviations shall be approved
through the procedures described in FAR 1.4 and 1801.4.
(vi) A single acquisition plan may be used for all phases of a
phased acquisition provided the plan fully addresses each phase, and no
significant changes occur after plan approval to invalidate the
description of the phases. If such significant changes do occur, the
plan shall be amended and approved at the same level as the original
plan.
(e) Acquisition plans should be prepared on a program or system
basis when practical. In such cases, the plan should fully address all
component acquisitions of the program or system.
1807.105 Contents of written acquisition plans.
(NASA supplements paragraphs (a) and (b))
Acquisition plans shall address each applicable topic listed in FAR
7.105, as supplemented by this section. Plans shall be structured by
subject heading using each italicized topic heading in the same
sequence as presented in the FAR. Subheadings should be used when
appropriate (e.g., the separate items under contracting considerations
at 7.105(b)(4)). Topics not applicable to a given acquisition (e.g.,
design-to-cost and should-cost are not compatible with service
acquisitions), should be marked N/A.
(a)(1) Describe in nontechnical terms the supplies or services to
be acquired. Include quantities.
(3) Identify the estimated cost and describe the estimating
methodology.
(5) Specify the delivery or performance period requirements
separately by the basic contract, each option, and the total.
(8) Streamlining applies to all NASA acquisitions. Describe all
planned streamlining procedures.
(b)(3) Address how cost realism will be evaluated.
(4)(A) If an incentive contract is planned, describe the planned
incentive(s) and the anticipated effects.
(B) Describe subcontracting issues, including all applicable
subcontracting goals. (See FAR part 19 and part 1819).
(5)(A) Identify the estimated cost separately by the basic
contract, each option and total amount.
(B) Identify the funding by fiscal year and unique project number
(UPN).
(C) Discuss planned approaches to eliminate funding shortfalls (vs.
the estimated cost).
(6) Identify the type of work statement/specification planned.
Specifically address the applicability of performance-based requirement
descriptions and the availability of commercial sources for the
supplies/services.
(10) Address contract management issues, including planned
delegations of administrative functions.
(19) If the period between release of solicitation to contract
award is more than 120 calendar days (180 days for formal SEB
competitions), explain why that goal cannot be met.
1807.170 Acquisition Strategy Meeting (ASM).
(a) The ASM is an acquisition plan conducted through a meeting
attended by all interested NASA offices. At the meeting, the
acquisition plan topics and structure specified in 1807.105 are
presented in briefing format, and formal written minutes prepared to
summarize the decision, actions, and conclusions of the ASM members.
The approved minutes, along with the briefing charts, shall be included
in the contract file to document completion of the acquisition plan
required by 1807.103.
(b) The ASM is not a requirements definition meeting. It is a
meeting to seek approval for the proposed acquisition approach for
requirements that were previously defined and agreed to by the
cognizant offices.
(c) Headquarters ASMs will be chaired by the Associate
Administrator for Procurement or designee. The Headquarters Office of
Procurement (Code HS) will prepare the minutes of Headquarters ASMs and
distribute them to all attendees for review prior to approval by the
ASM chairperson.
(d) For field installation ASMs, the minutes shall be approved in
accordance with installation procedures.
Subpart 1807.2--Planning for the Purchase of Supplies in Economic
Quantities
1807.204 Responsibilities of contracting officers.
(NASA supplements paragraph (a))
(a) The contracting officer shall transmit in writing to the
cognizant inventory management/requirements office either the actual
offeror responses or a summary of their salient points. The transmittal
should be made within five working days after the closing date for
receipt of offers; however, if a response indicates the potential for a
significant savings, it should be transmitted immediately.
Subpart 1807.3--Contractor Versus Government Performance
1807.307 Appeals.
(NASA supplements paragraph (a))
(a) Installations shall establish appeals procedures in accordance
with NMI 7410.3, Delegation of Authority for Acquisition of Commercial
Activities for NASA's Use.
Subpart 1807.5--Inherently Governmental Functions
1807.503 Policy.
(NASA supplements paragraph (e))
(e) The field installation requirements office shall provide the
contracting officer the written determination that none of the
statement of work tasks are inherently governmental. Disagreements
regarding the determination shall be resolved in accordance with
installation procedures.
Subpart 1807.70--[Reserved]
Subpart 1807.71--Master Buy Plan
1807.7100 General.
The Master Buy Plan provides information on planned acquisitions to
enable management to focus its attention on a representative selection
of high-dollar-value and otherwise sensitive acquisitions.
1807.7101 Applicability.
(a) The Master Buy Plan applies to each negotiated acquisition,
including supplemental agreements, where the dollar value, including
the aggregate amount of options, follow-on acquisitions, or later
phases of multi-phase acquisitions, is expected to equal or exceed
$50,000,000.
(b) For initial annual Master Buy Plan submission only, each
installation shall submit its three largest acquisitions regardless of
dollar value and all acquisitions over $50,000,000.
(c) The procedure also applies to:
(1) Any supplemental agreement that contains either new work, a
debit change order, or a credit change order (or any combination/
consolidation thereof), if the absolute value of the actions equals or
exceeds $50,000,000 (e.g., the absolute value of a supplemental
agreement adding $30,000,000 of new work and deleting $30,000,000 of
work is $60,000,000, and is therefore subject to the Master Buy Plan).
(2) Any supplement agreement that contains one or more elements
(new work and/or individual change orders)
[[Page 47070]]
of a sensitive nature that, in the judgment of the installation or
Headquarters, warrants Headquarters consideration under the Master Buy
Plan, even though the value does not equal or exceed $50,000,000.
(d) The Master Buy Plan does not apply to incremental funding
actions or termination settlement agreements.
1807.7102 Submission, selection, and notification procedures.
1807.7102-1 Submission of Master Buy Plan.
(a) Prior to July 15th of every year, each installation shall
submit to the Headquarters Office of Procurement (Code HS) a Master Buy
Plan (electronically or original and eight copies) for the next fiscal
year, listing every known acquisition that
(1) Meets the criteria in 1807.7101,
(2) Is expected to be initiated in that fiscal year, and
(3) Has not been included in a previous Master Buy Plan or
amendment to a Master Buy Plan.
(b) The fiscal year Master Buy Plan shall list all uncompleted
acquisitions selected for Headquarters review and approval from prior
Master Buy Plans and amendments to Master Buy Plans. These acquisitions
should be listed by the appropriate fiscal year Master Buy Plan and
individual item numbers, and should indicate the current status of the
individual acquisition documents previously selected for Headquarters
review and approval.
(c) Plans shall be prepared in accordance with 1807.7103 and shall
identify the individual acquisition documents involved for every
acquisition listed. Acquisition documents that may require Headquarters
approval will be held in abeyance until receipt of the notification
required by 1807.7102-3. This is not to preclude the planning for or
initiation of such documents up to that point where Headquarters
approval may be required.
1807.7102-2 Submission of amendments to the Master Buy Plan.
(a) Acquisitions identified by installations after submission of
their Master Buy Plan and meeting the criteria in 1807.7102-1(a) shall
be submitted to Headquarters in accordance with 1807.7103 and
identified as an amendment to the fiscal year Master Buy Plan
submission.
(b) Master Buy Plan submissions should not be accomplished after
the fact. Amendments shall be submitted sufficiently in advance of
contract award date to allow Headquarters to select those acquisition
documents that will be subject to Headquarters review and approval
without creating an unacceptable delay in contract placement.
(c) When timely submittal is not possible, the installation shall
provide with the amendment a narrative explaining the circumstances
leading to the late submittal. A Master Buy Plan submission for a
contract change order expected to meet the criteria in 1807.7101 shall
be submitted to Headquarters immediately upon issuance of the change
order.
1807.7102-3 Selection and notification procedures.
(a) The Headquarters Office of Procurement (Code HS) shall select
acquisition documents from the Master Buy Plan and amendments to Master
Buy Plans to receive Headquarters review and approval and shall
designate source selection officials.
(b) When, subsequent to document selection or delegation, an
acquisition is changed (for example, increase or decrease in dollar
amount, change in requirement), canceled, superseded, deferred, or
becomes no longer subject to the Master Buy Plan procedures in
accordance with the criteria in 1807.7101, the installation shall
immediately notify Code HS, giving the reasons. Code HS shall notify
the installation's procurement office in writing of any further action
that may be required.
(c) Acquisition documents not selected for Headquarters review will
be subject to after-the-fact reviews by Headquarters during normal
procurement management surveys or other special reviews. Acquisition
delegations may subsequently be rescinded if a Headquarters review is
deemed appropriate.
1807.7103 Format of Master Buy Plan.
In accordance with the requirements of 1807.7102-1 and 1807.7102-2,
Master Buy Plans and amendments to Master Buy Plans shall be prepared
in accordance with the format illustrated in Table 1807-1.
Subpart 1807.72--Acquisition Forecasting
1807.7200 Scope of subpart.
This subpart prescribes the acquisition forecasting procedure
required to comply with the Business Opportunity Development Reform Act
of 1988.
1807.7201 Definitions.
Class of contracts means a grouping of acquisitions, either by
dollar value or by the nature of supplies and services to be acquired.
Contract opportunity means planned new contract awards exceeding
$25,000.
1807.7202 Policy.
As required by statute, it is NASA policy to
(a) Prepare an annual forecast and semiannual update of expected
contract opportunities or classes of contract opportunities for each
fiscal year;
(b) Include in the forecast contract opportunities that small
business concerns, including those owned and controlled by socially and
economically disadvantaged individuals, may be capable of performing;
and
(c) Make available such forecasts to the public.
1807.7203 Responsibilities.
(a) NASA procurement officers shall furnish the Headquarters Office
of Procurement (Code HS) with the data required in 1807.7204 on
September 1 for the annual forecast and March 15 for the semiannual
update.
(b) Code HS will prepare and distribute the consolidated annual
forecast and the semiannual update.
1807.7204 Forecast data.
(a) The annual forecast shall contain--
(1) Summary historical data (based on information provided by the
Headquarters Office of Procurement (Codes HC and HS)) on the class of
contract opportunities below the simplified acquisition threshold;
(2) Identification of all known contract opportunities in excess of
the simplified acquisition threshold. Each such action should be
identified as one of the three broad categories of acqusition--Research
and Development, Services, or Supplies and Equipment and shall include
the following information:
(i) A brief description not to exceed ten typed lines;
(ii) Approximate dollar value within the following dollar ranges:
$100,000 to $1,000,000; $1,000,000 to $5,000,000; and over $5,000,000;
(iii) Anticipated time (by fiscal year quarter) for the issuance of
the solicitation;
(iv) Identification if it is reserved for performance by small
business concerns including those owned and controlled by socially and
economically disadvantaged individuals;
(v) Identification as competitive or noncompetitive; and
(vi) Identification and telephone number of a center point of
contact.
(b) The semiannual report shall be an update of the data provided
by the annual forecast. This update should
[[Page 47071]]
provide information on new requirements not previously reported and on
changes in data related to actions previously identified.
1807.7205 Public availability.
(a) The annual forecast and semiannual update are available via the
NASA Acquisition Internet Service (NAIS) (http://
procurement.nasa.gov.).
(b) The forecasts may also be obtained from the Headquarters Office
of Procurement (Code HS) and the Office of Small and Disadvantaged
Business Utilization (Code K).
BILLING CODE 7510-01-M
[[Page 47072]]
TABLE 1807-1
[GRAPHIC] [TIFF OMITTED] TR06SE96.000
BILLING CODE 7510-01-M
[[Page 47073]]
3. Part 1808 is revised to read as follows:
PART 1808--REQUIRED SOURCES OF SUPPLIES AND SERVICES
Sec.
1808.002 Use of other Government supply sources.
1808.002-70 Acquisition of radioisotopes.
1808.002-71 Acquisition of liquid hydrogen.
1808.002-72 Acquisition of propellants.
1808.002-75 Acquisition of mercury.
Subpart 1808.1--Excess Personal Property
1808.103 Information on available excess personal property.
Subpart 1808.4--Federal Supply Schedules
1808.404 Using schedules.
1808.404-3 Requests for waivers.
Subpart 1808.6--Acquisition From Federal Prison Industries, Inc.
1808.605 Clearances.
Subpart 1808.7--Acquisition From Nonprofit Agencies Employing People
Who Are Blind or Severely Disabled
1808.705 Procedures.
1808.705-1 General.
Subpart 1808.8--Acquisition of Printing and Related Supplies
1808.802 Policy.
1808.870 Contract clause.
Subpart 1808.11--Leasing of Motor Vehicles
1808.1100 Scope of subpart.
Authority: 42 U.S.C. 2473(c)(1)
PART 1808--REQUIRED SOURCES OF SUPPLIES AND SERVICES
1808.002 Use of other Government supply sources.
1808.002-70 Acquisition of radioisotopes.
(a) DOE Form 5400.3, U.S. Department of Energy Isotope Order Blank,
and NRC Form 313, U.S. Nuclear Regulatory Commission Application for
Material License, shall be used to acquire radioisotopes, as stated on
the back of DOE Form 5400.3. No other type of order blank, purchase
order, or contract may be used in lieu of these forms.
(b) NRC Form 313 shall be filed with the Chief, Radioisotopes
Licensing Branch, Division of Fuel Cycle and Material Safety, United
States Nuclear Regulatory Commission, Washington, DC 20555. If the
application meets all regulatory requirements and applicable standards,
the Radioisotopes Licensing Branch, Nuclear Regulatory Commission, will
issue a license to the applicant. After receipt of the license, a
completed DOE Form 5400.3 (in duplicate, if the contracting office
wants an accepted copy of the form back from the supplier), the
license, and a Government bill of lading shall be sent to the
appropriate DOE laboratory. If a bill of lading is not furnished,
shipment shall be made collect on a commercial bill of lading, to be
converted at destination.
(c) NRC Form 313 and DOE Form 5400.3 shall be requisitioned
directly from United States Nuclear Regulatory Commission, Attn:
Radioisotopes Licensing Branch, Division of Fuel Cycle and Material
Safety, Washington, DC 20555.
1808.002-71 Acquisition of liquid hydrogen.
Rquests for liquid hydrogen shall be submitted to the John F.
Kennedy Space Center, National Aeronautics and Space Administration,
Kennedy Space Center, FL 32899, Attn: Director of Logistics Operations.
1808.002-72 Acqusition of propellants.
(a) General. NASA (and its contractors when authorized in
accordance with 1851.1) may acquire the items listed in paragraph (j)
of this section (except for liquid hydrogen; see 1808.002-71) on a
reimbursable basis from the San Antonio Air Logistics Center (SA-ALC),
Kelly Air Force Base, Texas, under the Air Force Missile Procurement
Fund (MPF). The Air Force MPF shall be used as a supply source for
propellants whenever there are economic or other advantages to the
Government. Field installations and offices obtaining supplies from the
MPF shall comply with the reporting requirements of paragraph (f) of
this section.
(b) Requests for acquisition. To obtain the materials listed in
paragraph (j) of this section from the Air Force MPF, NASA contracting
offices will execute a NASA-Defense Purchase Request (NASA Form 523)
(see 1853.303-523) and forward it to Headquarters, SA-ALC, Kelly Air
Force Base, TX 78241, Attention: SFS. The following additional
information should be provided on the form:
(1) Contract number (when material is required for use by a NASA
contractor).
(2) Delivery address.
(3) Mode of transportation (rail, trailer, barge, etc.). When the
procurement request covers requirements for materials not previously
forecasted or covers significant changes to previously reported
requirements, SA-ALC should be notified immediately of such
requirements.
(c) Delivery requests.
(1) A delivery request is a call on the Air Force, made against a
NASA-Defense Purchase Request (NASA Form 523), specifying the time and
place of delivery. On the basis of the estimated requirements, the Air
Force will notify NASA field installations and contractors of the name
and address of the Air Force office or producing contractor's plant to
which requests for delivery of materials shall be made. Delivery
requests may be placed by any means of communication that time
justifies; however, all verbal requests for delivery must be confirmed
in writing within 24 hours. The delivery request, whether oral or
written, must cite the NASA-Defense Purchase Request number under which
the material is being ordered and contain the following information:
(i) Nomenclature and National Stock Number.
(ii) Quantity.
(iii) Program, project, and task.
(iv) Contract number (when material is required for use by a NASA
contractor).
(v) Delivery address.
(vi) Dates of delivery.
(vii) Mode of transportation.
(viii) Location of weighting stations and scales (if weighing of
the products before delivery is required).
(2) Each delivery request shall be numbered as follows to simplify
identification and control: the last two digits of the calendar year; a
dash; and a consecutive number beginning with 1 to run through the year
(e.g., 89-5, for the fifth request made in 1989). Changes to a request
are identified by adding an alphabetical designator beginning with (A)
to the number.
(d) Receiving procedures.
(1) Receiving documents. Receipt of materials shall be evidenced on
the receiving document received with the shipment by the signature of
an individual authorized by NASA to receive materials from the Air
Force. Every effort should be made to ensure that the NASA-Defense
Purchase Request number is recorded on the receiving document before
signing.
(2) Weighing facilities. Local weighing facilities (NASA-owned,
contractor-owned, commercial, or State-operated) may be used to
determine quantities of product received. If a discrepancy exists
between the quantities shown on receiving documents and the quantities
actually received--
(i) A certified weighing ticket evidencing actual weight at
destination shall be obtained; and
(ii) A copy of the receiving document (AF Form 857 or DD Form 250)
and the original weighting ticket shall be forwarded to Headquarters,
SA-ALC, Kelly Air Force Base, TX 78241, Attention: ACFOM, identifying
the discrepancy.
[[Page 47074]]
(3) Distribution of receipts. Copies of all receiving documents
except the AF Form 857 shall be transmitted to the Headquarters, SA-
ALC, Kelly Air Force Base, TX 78241, Attention: SACAOM. Receiving
documents may be accumulated and submitted on the 10th, 20th, and last
day of each month.
(e) Billing. The costs of materials obtained through the MPF are
reimbursable. After delivery, a Standard Form 1080 (Voucher for
Transfers Between Appropriations and/or Funds (Disbursement)),
supported by documentary evidence of delivery, will be submitted by
Headquarters, SA-ALC to the NASA installation designated in the NASA
Form 523.
(f) Reporting requirements.
(1) Field installations shall submit periodic estimates of
requirements for materials listed in paragraph (j) of this section for
all programs under their cognizance, including in-house contractor
requirements. Reports shall be submitted in duplicate on AF Form 858,
Forecast of Propellant Requirements.
(2) The reports shall be forwarded no later than June 1 and
December 1 to reach Headquarters, SA-ALC, Kelly AFB, TX 78241, Attn:
SFS. Supplemental reports advising of additions to or significant
changes in previous reports may be submitted at any time. The reports,
covering all materials listed in paragraph (j) of this section, due in
June and December, shall begin with requirements as of the following
July 1 and January 1, respectively, and shall cover a 3-year period.
Requirements shall be shown by month for the first 6 months, and by
quarters for the remaining 2\1/2\-year period.
(3) Estimated requirements and other pertinent data required from
contractors shall be obtained on Air Force Form 858.
(g) Report content. Reports shall be made using a separate report
form for each material and shall provide, for each item of material,
the--
(1) Contract number;
(2) Program and/or project;
(3) Specific task within the project;
(4) End use when not associated with the named program or project;
(5) Contractor's name;
(6) Specific location of use (shipping destination); and
(7) Planned source of supply.
(h) Basis for developing materials requirements. In computing
requirements, consideration shall be given to such elements as lead
time, waste factors, transfer, and storage losses so that phased
requirements reflect the total gross quantities required to be
delivered to the use or storage site. Since the requirements estimates
are being used by other Government agencies acting as supply sources to
contract for materials, estimates must be as accurate as possible.
(i) NASA coordination. The Kennedy Space Center shall coordinate
the review of all data and establish NASA policy and procedures. The
data shall be used as the basis for NASA requirements reports to
various Government agencies for planning and supply support.
(j) Table of reportable materials.
Ammonia, Technical (Anhydrous) (Low Oil Content) 99.97 percent purity,
Spec 0-A-445
Argon Gas, 6000 PSI, AFPID 6830-5
Propellant, Ammonia, Liquid, Anhydrous 99.5 percent purity, Spec MIL-P-
27406
Propellant, Chlorine Trifluoride, Spec MIL-P-81399
Propellant, Deuterium, Gaseous, AFPID 9135-20
Propellant, Fluorine, Gaseous, Spec MIL-P-27405
Propellant, Fluorine, Liquid, Spec MIL-P-27405
Helium, Technical Grade A, Spec BB-H-1168
Propellant, Isopropyl Alcohol, AFPID 9135-18
Propellant, Hydrazine, Standard Grade, Spec MIL-P-26536
Propellant, Hydrazine, Monopropellant Grade, Spec MIL-P-26536
Propellant, Hydrazine/Unsymmetrical Dimethylhydrazine, Spec MIL-P-27402
Propellant, Hydrogen, Gaseous, Type I, Spec MIL-P-27201
Propellant, Hydrogen, Liquid, Type II, Spec MIL-P-27201
Propellant, Hydrogen Peroxide, Spec MIL-P-16005
Propellant, Hydrogen Peroxide, Electrolytic Process, Spec MIL-P-16005
Propellant, Jet Fuel, Grade RJ-1, Spec MIL-F-25558
Propellant, JPX, 50% UDMH-50% JP-4, Spec MIL-P-26694
Propellant, JPX, 17% UDMH-83% JP-4, Spec MIL-P-26694
Propellant, Kerosene, Grade RP-1, Spec MIL-P-25576
Propellant, Monomethyl Hydrazine, Spec MIL-P-27404
Propellant, Neon, Liquid, AFPID 9135-16
Propellant, Nitric Acid, Type IIIB, Spec MIL-P-7254
Propellant, Nitric Acid, Type III LS, Spec MIL-P-7254
Propellant, Nitric Acid, Type IV (High Density Acid), Spec MIL-P-7254
Propellant, Nitrogen Tetroxide (NTO) (MON-1) (MON-3), Spec MIL-P-26539
Propellant, Nitrogen Tetroxide (NTO), MIL-P-26539
Propellant, Nitrogen Tetroxide (MON-1), Spec MIL-P-26539
Propellant, Nitrogen Tetroxide (MON-3), Spec MIL-P-26539
Propellant, Oxygen, Grade B, Spec MIL-P-25508
Propellant, Oxygen, Grade A, Spec MIL-P-25508
Propellant, Oxygen, Grade F, Spec MIL-P-25508
Propellant Pressurizing Agent, Helium, Spec MIL-P-27407, 99.995 pct min
assay
Propellant Pressurizing Agent, Nitrogen, Type II, Liquid Grade C, Spec
MIL-P-27401
Propellant Pressurizing Agent, Nitrogen, Type I, Gaseous Grade A, Spec
MIL-P-27401
Propellant Pressurizing Agent, Nitrogen, Type I, Grade B, Spec MIL-P-
27401
Propellant Pressurizing Agent, Nitrogen, Type II, Grade A, Spec MIL-P-
27401
Propellant Pressurizing Agent, Nitrogen, Type II, Grade B, Spec MIL-P-
27401
Propellant, Unsymmetrical Dimethyl-hydrazine, Spec MIL-P-25604
Propellant, Nitrogen Trifluoride Spec MIL-P-87896
Propellant, Pressurizing Agent, Argon, Liquid, AFPID 9135-19
1808.002-75 Acquisition of mercury.
(a) Requests for mercury by NASA installations for their use or for
use by their cost-reimbursement type contractors shall be made to the
Mercury Contract Specialist, Directorate of Stockpile Contracts, DLA,
Defense National Stockpile Center, 8725 John J. Kingman Rd., #3339, Ft.
Belvoir, VA 22060-6223. DLA will furnish the current fair market value
to NASA. The unit of issue is a 76-pound flask.
(b) Requests for clearance to purchase quantities of 76 pounds or
more from sources other than DLA shall be submitted to the office in
paragraph (a) of this section and must be accompanied by a statement of
reasons why the available excess mercury is unsuitable for use by the
requesting field installation.
Subpart 1808.1--Excess Personal Property
1808.103 Information on available excess personal property.
In addition to the sources identified in FAR 8.103, information on
availability of NASA excess property is maintained by the Installation
Property Disposal Officer and the NASA
[[Page 47075]]
Equipment Management System (NEMS) Coordinator.
Subpart 1808.4--Federal Supply Schedules
1808.404 Using schedules.
1808.404-3 Requests for waivers.
(NASA supplements paragraphs (a) and (b)).
(a) The head of the NASA office initiating the procurement request
or a designated representative shall furnish the NASA contracting
office a signed statement identifying the supplies or services to be
purchased and explaining why similar items listed in the applicable
schedule will not meet the requirement.
(b) If a waiver is not granted, the case shall be referred to the
Associate Administrator for Procurement (Code HS) for a final decision
as to whether the non-schedule item will be purchased. The Associate
Administrator for Procurement shall promptly notify the Commissioner,
Federal Supply Service, GSA, and the contracting office of the
decision.
Subpart 1808.6--Acquisition From Federal Prison Industries, Inc.
1808.605 Clearances.
(NASA supplements paragraphs (a) and (c)).
(a) NASA purchase orders or contracts written pursuant to a general
or blanket clearance need not be supported by a copy of the clearance,
but the clearance number must be cited on the purchase order or
contract as well as on the initial voucher. A copy of the clearance
certificate must be attached to the initial voucher.
(c) When disputes occur, the contracting officer shall refer the
matter to the Associate Administrator for Procurement (Code HS) for
review and any further action. Such referrals shall include a complete
statement of the attempts made to resolve the matter.
Subpart 1808.7--Acquisition From Nonprofit Agencies Employing
People Who are Blind or Severely Disabled
1808.705 Procedures.
1808.705-1 General.
The Federal Standard Requisitioning and Issue Procedure (Federal
Property Management Regulation, Subpart 101-26.2) shall be used to
obtain nonprofit agency-produced supplies from GSA supply distribution
facilities.
Subpart 1808.8--Acquisition of Printing and Related Supplies
1808.802 Policy.
(NASA supplements (paragraph (b)).
(b) (i) The Headquarters Information Resources Management Division
(Code JT) is the NASA central printing authority.
(ii) Requests for approval to contract for printing supplies or
services shall be addressed to Code JT. Approval to contract for such
supplies or services is restricted to those requirements meeting the
following conditions:
(A) An individual order is under $1,000;
(B) The order is not of a continuing or repetitive nature; and,
(C) The Public Printer certifies it cannot be provided more
economically through the GPO.
1808.870 Contract clause.
The contracting officer shall insert the clause at 1852.208-81,
Restrictions on Printing and Duplicating, in solicitations and
contracts where there is a requirement for any printing, and/or any
duplicating/copying in excess of that described in paragraph (c) of the
clause.
Subpart 1808.11--Leasing of Motor Vehicles
1808.1100 Scope of subpart.
NASA procedures for leasing motor vehicles from GSA or commercial
sources are contained in NMI 6000.5, Transportation Management.
4. Part 1809 is revised to read as follows:
PART 1809--CONTRACTOR QUALIFICATIONS
Subpart 1809.1--Responsible Prospective Contractors
Sec.
1809.104-4 Subcontract responsibility.
1809.106 Preaward surveys.
1809.106-1 Conditions for preaward surveys.
1809.106-2 Requests for preaward surveys.
1809.106-3 Interagency preaward surveys.
1809.106-70 Preaward surveys performed by NASA installations.
Subpart 1809.2--Qualifications Requirements
1809.200 Scope of subpart.
1809.202 Policy.
1809.203 QPL's, QML's, and QBL's.
1809.203-70 General.
1809.203-71 Waiver of qualification requirements.
1809.206 Acquisitions subject to qualification requirements.
1809.206-1 General.
1809.206-70 Small businesses.
1809.206-71 Contract clause.
Subpart 1809.4--Debarment, Suspension, and Ineligibility
1809.403 Definitions.
1809.404 List of Parties Excluded from Federal Procurement and
Nonprocurement programs.
1809.405 Effect of listing.
1809.405-1 Continuation of current contracts.
1809.405-2 Restrictions on subcontracting.
1809.406 Debarment.
1809.406-3 Procedures.
1809.407 Suspension.
1809.407-3 Procedures.
1809.408 Certification regarding debarment, suspension, proposed
debarment, and other responsibility matters.
1809.470 Reporting of suspected evasive actions and causes for
debarment or suspension.
1809.470-1 Situations requiring reports.
1809.470-2 Contents of reports.
1809.470-3 Addresses and copies of reports.
Subpart 1809.5--Organizational and Consultant Conflicts of Interest
1809.500 Scope of subpart.
1809.503 Waiver.
1809.506 Procedures.
1809.507 Solicitation provisions and contract clause.
1809.507-2 Contract clause.
Subpart 1809.6--Contractor Team Arrangements
1809.670 Contract clause.
Authority: 42 U.S.C. 2473(c)(1)
PART 1809--CONTRACTOR QUALIFICATIONS
Subpart 1809.1--Responsible Prospective Contractors
1809.104-4 Subcontractor responsibility.
Generally, the Canadian Commercial Corporation's (CCC) proposal of
a firm as its subcontractor is sufficient basis for an affirmative
determination of responsibility. However, when the CCC determination of
responsibility is not consistent with other information available to
the contracting office, the contracting officer shall request from the
CCC and any other sources whatever information is necessary to make the
responsibility determination.
Upon request, CCC shall be furnished the rationale for any
subsequent determination of nonresponsibility.
1809.106 Preaward surveys.
1809.106-1 Conditions for preaward surveys.
(NASA supplements paragraph (a)).
(a) (i) Preaward surveys are used only to assist the contracting
officer to make determinations of responsibility under FAR 9.104. They
are not to be used to obtain information useful to proposal evaluation
that does not directly relate
[[Page 47076]]
to the responsibility determination. Accordingly, preaward surveys
shall not be used except in rare circumstances when determination of
responsibility cannot be made without the specific information that can
be provided only in a preaward survey report and only after all other
means of obtaining the required information have been explored.
(ii) Surveys shall not be performed for companies of any size
performing study or research contracts.
(iii) The procurement officer shall approve all preaward survey
requests.
1809.106-2 Requests for preaward surveys.
(NASA supplements paragraph (a)).
(a) The ``Walsh-Healey Public Contracts Act'' block of Section I is
for information purposes only. If information is needed for a
determination on the offeror's eligibility under the Walsh-Healey Act,
it must be specifically requested in block 20.H. of Section III.
1809.106-3 Interagency preaward surveys.
(NASA supplements paragraph (a)).
(a) If the survey will be performed for NASA by a DOD agency, the
SF 1403 request is to be sent to the appropriate office shown in the
DOD Directory of Contract Administration Services Components, DLAH
4105.4, Attn: Preaward Survey Monitor. DOD normally allows seven
working days in which to conduct a full survey and submit the report to
the requesting agency.
1809.106-70 Preaward surveys performed by NASA installations.
In discussions with representatives of the company being surveyed,
NASA preaward survey team members shall not refer to or comment on the
possibility of award to the prospective contractor. This does not
preclude discussion with a prospective contractor of questionable areas
that require clarification. Information obtained during the survey will
be treated in strict confidence and divulged only to those Government
representatives having a need to know.
Subpart 1809.2--Qualifications Requirements
1809.200 Scope of subpart.
This subpart prescribes policies and procedures to be followed in
the use of qualified products lists for acquisition of parts as
authorized by NMI 5320.5, Basic Policy for NASA Space Flight Program
Electrical, Electronic, and Electromechanical (EEE) Parts.
1809.202 Policy.
(NASA supplements paragraphs (a) and (e)).
(a) Authority regarding agency head actions under FAR 9.202(a) is
delegated to the cognizant technical activity, with approval by the
installation's competition advocate.
(e) The approval authority of FAR 9.202(e) is delegated to the
installation's competition advocate. Requests shall be prepared by the
cognizant requirements office and submitted via the procurement
officer.
1809.203 QPL's, QML's and QBL's.
1809.203-70 General.
(NASA supplements paragraph (a)).
(a) The Deputy Associate Administrator for the Office of Safety and
Mission Assurance (Code Q), is responsible for justifying, determining,
and approving NASA's need for inclusion and continued use of
qualification requirements in specifications under the NASA EEE Parts
and Advanced Interconnect Program.
1809.203-71 Waiver of qualification requirements.
When acquiring a product under a specification that includes
qualification requirements either for the end item or for components of
the end item, the NASA installation conducting the acquisition can
waive the qualification requirements. Directing a waiver of the end
item qualification requirement constitutes adequate authorization for
waiver of product qualification requirements. When a waiver has been
granted, the solicitation shall specifically indicate that the
qualification requirement is inapplicable. Such information shall also
be included in any synopsis of the acquisition (see FAR subpart 5.2).
1809.206 Acquisitions subject to qualification requirements.
1809.206-1 General.
(NASA supplements paragraph (b) and (c)).
(b)(i) The authority to determine that an emergency exists is
delegated to the installation's competition advocate. Requests for
determination shall be prepared by the cognizant requirements office
and submitted through the procurement officer.
(ii) Requests not to enforce a qualification requirement in a
nonemergency situation shall be prepared by the cognizant requirements
office and approved by the Headquarters Office of Safety and Mission
Assurance (Code Q).
(c) If an offeror seeks to demonstrate its capability, both the
product and the producer must meet the established standards.
1809.206-70 Small businesses.
If a small business otherwise eligible for award has been placed in
a special status on a Qualified Products List (Mil-Bul-103) or the
Qualified Manufacturers List (QML-38510) established as a part of the
NASA Microelectronics Reliability Program and the contracting officer
determines that the small business does not appear to have the capacity
to perform, the certificate of competency procedures in FAR subpart
19.6 are applicable.
1809.206-71 Contract clause.
When qualified products (end items or components of end items) are
being procured, the contracting officer shall insert the clause at
1852.209-70, Product Removal from Qualified Products List, in the
solicitation and in the resulting contract.
Subpart 1809.4--Debarment, Suspension, and Ineligibility
1809.403 Definitions.
For purposes of FAR subpart 9.4 and this subpart, the Associate
Administrator for Procurement is the ``debarring official,'' the
``suspending official,'' and the agency head's ``designee.''
1809.404 List of parties excluded from federal procurement and
nonprocurement programs.
(NASA supplements paragraphs (c) and (d)).
(c) The Office of Procurement (Code HS) is responsible for taking
the actions listed in FAR 9.404(c).
(d)(1) Installation procurement offices shall notify Code HS of how
many copies of the List they want and provide a single mailing address
at the installation. Code HS will place the order for the copies which
will be mailed directly to the installation. Electronic access is also
available as described in the List.
1809.405 Effect of listing
If it is believed that a new contract or subcontract must be
awarded to a firm on the List of Parties Excluded from Federal
Procurement and Nonprocurement Programs, the procurement officer shall
prepare a request for a determination with all necessary supporting
information and forward it to the Associate Administrator for
Procurement (Code HS) for approval.
[[Page 47077]]
1809.405-1 Continuation of current contracts. (NASA supplements
paragraph (c)).
(c) Approval of contract renewals or extensions shall be requested
in accordance with 1809.405.
1809.405-2 Restrictions on subcontracting. NASA supplements paragraph
(a)).
(a) Approval of consent to subcontract shall be requested in
accordance with 1809.405.
1809.406 Debarment.
1809.406-3 Procedures.
(NASA supplements paragraph (a)).
(a) The report required by FAR 9.406-3(a) shall be prepared in
accordance with 1809.470.
1809.407 Suspension.
1809.407-3 Procedures.
(NASA supplements paragraph (a)).
(a) Reports shall be prepared in accordance with 1809.470.
1809.408 Certification regarding debarment, suspension, proposed
debarment, and other responsibility matters.
(NASA supplements paragraph (a)).
(a)(2) (A) If the offeror indicates that it has been indicted,
charged, convicted, or had a civil judgment rendered against it, the
contracting officer shall immediately notify the Associate
Administrator for Procurement (Code HS), providing details as known,
and shall await a response before awarding the contract.
(B) If the offeror discloses information that indicates a need for
a debarment or suspension determination, the contracting officer shall
report the facts to the Associate Administrator for Procurement (Code
HS) in accordance with 1809.470.
1809.470 Reporting of suspected evasive actions and causes for
debarment or suspension.
1809.470-1 Situations requiring reports.
A report incorporating the information required by 1809.470-2 of
this subpart shall be forwarded by the procurement officer to the
Associate Administrator for Procurement (Code HS) when a contractor:
(a) Has committed, or is suspected of having committed, any of the
acts described in FAR 9.406-2 and 9.407-2; or
(b) Is suspected of attempting to evade the prohibitions of a
debarment or suspension imposed under the FAR by changes of address,
multiple addresses, formation of new companies, or other devices.
1809.470-2 Contents of reports.
Each report shall be coordinated with local counsel and shall
include substantially the following information, if available:
(a) Name and address of the contractor.
(b) Names of the principal officers, partners, owners, or managers.
(c) All known affiliates, subsidiaries, or parent firms, and the
nature of the affiliation.
(d) A description of the contract or contracts concerned, including
the contract number and office identifying numbers or symbols, the
amount of each contract, the amounts paid the contractor and still due,
and the percentage of work completed and to be completed.
(e) The status of vouchers.
(f) Whether the contract has been assigned pursuant to the
Assignment of Claims Act, and, if so, the name and address of the
assignee and a copy of the assignment.
(g) Whether any other contracts are outstanding with the contractor
or any affiliates, and, if so, their amount, whether they are assigned
pursuant to the Assignment of Claims Act, and the amounts paid or due
on them.
(h) A complete summary of all pertinent evidence. If a request for
debarment or suspension is based on an indictment or a conviction,
provide the evidence upon which the indictment or conviction is based.
(i) An estimate of any damages, sustained by the Government as a
result of the contractor's action, including an explanation of the
method used in making the estimate.
(j) Recommendation as to
(1) Whether the contractor should be suspended or debarred,
(2) Whether any limitations should be applied to such action,
(3) Whether current contracts should be terminated, and
(4) The period of any debarment.
(k) As an enclosure, a copy of the contract(s) or pertinent
excerpts, appropriate exhibits, testimony or statements of witnesses,
copies of assignments, and other relevant documentation.
1809.470-3 Addresses and copies of reports.
Reports, including enclosures, shall be submitted to the Office of
Procurement (Code HS), with an additional copy to the Headquarters
Office of General Counsel (Code G).
Subpart 1809.5--Organizational and Consultant Conflicts of Interest
1809.500 Scope of subpart.
The Associate Administrator for Procurement has authorized the
procurement officer to take those actions reserved in FAR subpart 9.5
for the head of the contracting activity. However, see 1809.503
regarding waivers.
1809.503 Waiver.
The Administrator has designated the Associate Administrator for
Procurement as the approval authority for waivers under FAR 9.503. The
procurement officer shall forward requests for waivers under FAR 9.503
to the Associate Administrator for Procurement (Code HS) for action.
1809.506 Procedures.
(NASA supplements paragraph (b)).
(b) The approving official is the procurement officer when the
installation has source selection authority and the Associate
Administrator for Procurement (Code HS) when NASA Headquarters has that
authority.
1809.507 Solicitation provisions and contract clause.
1809.507-2 Contract clause.
The contracting officer may insert a clause substantially the same
as the clause at 1852.209-71, Limitation of Future Contracting, in
solicitations and contracts.
Subpart 1809.6--Contractor Team Arrangements
1809.670 Contract clause.
The contracting officer shall insert the clause at 1852.209-72,
Composition of the Contractor, in all construction invitations for bids
and resulting contracts. The clause may be used in other solicitations
and contracts to clarify a contractor team arrangement where the prime
contractor consists of more than one legal entity, such as a joint
venture.
PART 1810--SPECIFICATIONS, STANDARDS, AND OTHER PURCHASE
DESCRIPTIONS
PART 1810--[REMOVED]
(5) Under the authority of 10 U.S.C. chapter 137, Part 1810 is
removed.
(6) Part 1811 is added to read as follows:
[[Page 47078]]
PART 1811--DESCRIBING AGENCY NEEDS
Sec.
1811.002 Policy.
Subpart 1811.1--Selecting and Developing Requirements Documents
1811.104 Items peculiar to one manufacturer.
1811.104-70 Brand name or equal purchase descriptions.
1811.104-71 NASA solicitation provision.
Subpart 1811.4--Delivery or Performance Schedules
1811.403 Supplies or services.
1811.404 Contract clauses.
Subpart 1811.5--Liquidated Damages
1811.502 Policy.
Subpart 1811.6 Priorities and Allocations
1811.602 General.
1811.603 Procedures.
Authority: 42 U.S.C. 2473(c)(1)
PART 1811--DESCRIBING AGENCY NEEDS
1811.002 Policy.
(NASA supplements paragraph (b))
(b) Implementation of the Metric Conversion Act of 1975, as
amended, shall be in accordance with NPD 8010.2B, Use of the Metric
System of Measurements in NASA Programs.
Subpart 1811.1--Selecting and Developing Requirements Documents
1811.104 Items peculiar to one manufacturer.
1811.104-70 Brand name or equal purchase descriptions.
(a) Use of brand-name purchase descriptions is the least preferred
method for describing Agency requirements. Purchase descriptions
containing references to one or more brand-name products, or components
of a product, followed by ``or equal'' may be used only in accordance
with this part 1811.
(b) The term ``or equal'' should not be added if it is determined
under FAR 11.104 that only a particular product meets the essential
requirements of the Government.
(c) To the extent feasible, all acceptable brand-name products
should be referenced. If ``brand-name-or-equal'' is used, offerors must
be given the opportunity to offer products other than those referenced
by brand-name if those products will meet the needs of the Government
in essentially the same manner.
(d) ``Brand-name-or-equal'' purchase descriptions should set forth
the salient physical, functional, or other characteristics essential to
the needs of the Government. Purchase descriptions should include the
following items and any other information necessary to describe the
item:
(1) Complete common generic identification of the item.
(2) Model, make, or catalog number for each brand name product, and
identity of the commercial catalog in which it appears.
(3) Name of manufacturer, producer, or distributor of each brand
name product referenced (and address if company is not well known).
(e) When it is needed to describe the item required, a commercial
catalog description, or pertinent extracts, may be used if the
description is identified in the solicitation as being that of the
manufacturer, producer, or distributor. The contracting officer shall
ensure that a copy of any catalog referenced (except parts catalogs) is
available on request for review by offerors at the contracting office.
(f) Offerors offering brand-name products shall not be required to
furnish samples; however, solicitations may require the submission of
samples from offerors proposing ``or equal'' products.
(g) Proposals offering products differing from brand-name products
referenced in a ``brand-name-or-equal'' purchase description shall be
considered for award if the contracting officer determines that the
offered products meet the salient characteristics required by the
solicitation. Offers shall not be rejected because of minor differences
in design, construction, or features that do not affect the suitability
of the products for their intended use.
(h) Except as provided in paragraph (i)(1) of this section, when a
``brand-name-or-equal'' purchase description is included in a
solicitation, the following shall be inserted after each item so
described in the solicitation for completion by the offeror:
Offering:
Manufacturer's Name----------------------------------------------------
Brand------------------------------------------------------------------
No.--------------------------------------------------------------------
(i) If the contracting officer determines that the provision at
1852.211-70 should apply only to certain components, the requirements
of paragraph (h) of this section shall apply to them, and a statement
substantially as follows shall be included:
The provision entitled Brand Name or Equal applies to the
following components:
(List the components to which the provision applies.)
(j) Award documents for brand-name-or-equal acquisitions shall
identify the specific products or components the contractor is to
furnish. This identification shall include any brand name and make or
model number, descriptive material, and any modifications of brand name
products specified in the solicitation.
1811.104-71 NASA solicitation provision.
When a ``brand-name-or-equal'' purchase description is used, the
contracting officer shall insert in the solicitation the provision at
1852.211-70, Brand Name or Equal.
Subpart 1811.4--Delivery or Performance Schedules
1811.403 Supplies or services.
(NASA supplements paragraph (a))
(a)(3) Contract delivery or performance schedules shall not be
expressed in terms of a notice of award. A notice of award as a
specific document, separate from the award document itself, is not a
contractual document and shall not be used as a reference point for
contract performance. See 1814.408 for additional information on
notices of award.
1811.404 Contract clauses.
(NASA supplements paragraph (a))
(a)(2) FAR 52.211-8, Time of Delivery, Alternates II and III, shall
not be used in NASA contracts.
(3) FAR 52.211-9, Desired and Required Time of Delivery, Alternates
II and III, shall not be used in NASA contracts.
Subpart 1811.5--Liquidated Damages
1811.502 Policy.
(NASA supplements paragraph (d))
(d) The procurement officer shall forward recommendations
concerning remission of liquidated damages to the Headquarters Office
of Procurement (Code HS).
Subpart 1811.6--Priorities and Allocations
1811.602 General.
(NASA supplements paragraph (c))
(c) The Department of Defense is the ``Delegate Agency'' for NASA.
The Headquarters Office of Procurement (Code HS) shall coordinate with
DOD, as necessary, to ensure that any DOD requirements are met.
1811.603 Procedures.
(NASA supplements paragraphs (e) and (g))
(e)(i) The use of priority ratings on NASA contracts and purchase
orders is mandatory except as noted in paragraph (e)(ii) of this
section. Priority ratings are
[[Page 47079]]
assigned on individual contracts and purchase orders by the contracting
officer.
(ii) Priority ratings will not be issued for the following:
(A) Items ordered or requisitioned from the GSA Federal Supply
Service.
(B) Items for plant improvement, expansion, or construction, unless
they will be physically incorporated into a construction project
covered by a rated order, or unless NASA has obtained specific priority
rating authority.
(C) Production or construction equipment or items to be used for
the manufacture of production equipment, unless NASA has obtained
specific priority rating authority.
(D) Items falling under the jurisdiction of agencies other than
NASA's Delegate Agency. These are: petroleum, gas, solid fuel, electric
power, and all other forms of energy; food; civil transportation and
the movement of persons and property by all modes; minerals; water;
housing facilities; health facilities; radio-isotopes, stable isotopes,
source material and special nuclear material produced in Government-
owned plants or facilities operated by or for the Department of Energy;
communication services; copper raw materials; crushed stone; gravel;
sand; scrap; slag; central steam heat; and waste paper.
(iii) All other NASA orders shall be assigned a DO rating, unless
NASA has obtained a DX rating from the Delegate Agency.
(iv) The program identification numbers (DPAS, 15 CFR part 700, SCH
L.) to be used by NASA are as follows:
A1 Aircraft
A2 Missiles
A3 Ships
A5 Weapons
A6 Ammunition
A7 Electronic and Communications Equipment
B1 Military Building Supplies
B8 Production Equipment (for Contractor's Account)
B9 Production Equipment (Government-Owned)
C2 Construction
C3 Maintenance, Repair, and Operating Supplies for Facilities
C9 Miscellaneous/Other
(g) Installation requests for assistance shall be directed to the
Headquarters Office of Procurement (Code HS).
7. Part 1812 is revised to read as follows:
PART 1812--ACQUISITION OF COMMERCIAL ITEMS
Subpart 1812.1--Acquisition of Commercial Items--General
Sec.
1812.102 Applicability.
Subpart 1812.3--Solicitation Provisions and Contract Clauses for the
Acquisition of Commercial Items
1812.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
1812.302 Tailoring of provisions and clauses for the acquisition of
commercial items.
Subpart 1812.4--Unique Requirements Regarding Terms and Conditions for
Commerical Items
1812.404 Warranties.
Authority: 42 U.S.C. 2473(c)(1).
PART 1812--ACQUISITION OF COMMERCIAL ITEMS
Subpart 1812.1--Acquisition of Commercial Items--General
1812.102 Applicability.
(NASA supplements paragraph (c))
(c) For the acquisition of commercial items of any value, the
MidRange procedures described in part 1871 may be used to the extent
they are consistent and compliant with FAR part 12 and part 1812.
Unless specifically stated, in any conflict between these parts the
descending order of precedence is FAR part 12, part 1812, and part
1871.
Subpart 1812.3--Solicitation Provisions and Contract Clauses for
the Acquisition of Commercial Items
1812.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(NASA supplements paragraph (f))
(f)(i) The following clauses may be used in acquisitions of
commercial items:
(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 and Small Disadvantaged Business
Subcontracting Reporting.
(E) 1852.219-76, NASA Small Disadvantaged Business Goal.
(F) 1852.228-72, Cross-Waiver of Liability for Space Shuttle
Services.
(G) 1852.228-76, Cross-Waiver of Liability for Space Station
Activities.
(H) 1852.228-78, Cross-Waiver of Liability for NASA Expendable
Launch Vehicles.
(I) 1852.232-70, NASA Progress Payment Rates.
(ii) No other provisions and clauses prescribed in the NFS or
center documents shall be used in acquisitions of commercial items,
except as permitted by FAR 12.302.
1812.302 Tailoring of provisions and clauses for the acquisition of
commercial items.
(NASA supplements paragraph (c))
(c) The Associate Administrator for Procurement (Code HS) is the
approval authority for waivers. Requests shall be prepared and
submitted in accordance with 1801.471.
Subpart 1812.4--Unique Requirements Regarding Terms and Conditions
for Commercial Items
1812.404 Warranties.
(b) In acquisitions under the Simplified Acquisition Threshold
specified in FAR part 13, no express warranty should be required other
than the offeror's commercial warranty.
8. Part 1814 is revised to read as follows:
PART 1814--SEALED BIDDING
Subpart 1814.2--Solicitation of Bids
Sec.
1814.201-- Preparation of invitations for bids.
1814.201-5-- Part IV--Representations and instructions.
1814.201-6-- Solicitation provisions.
1814.201-670-- NASA solicitation provisions.
Subpart 1814.3--Submission of Bids
1814.302-- Bid submission
Subpart 1814.4--Opening of Bids and Award of Contract
1814.404-- Rejection of bids.
1814.404-1 Cancellation of invitations after opening.
1814.407-- Mistakes in bids.
1814.407-3-- Other mistakes disclosed before award.
1814.407-4-- Mistakes after award.
1814.408-- Award.
1814.408-1-- General.
Authority: 42 U.S.C. 2473(c)(1)
PART 1814--SEALED BIDDING
Subpart 1814.2--Solicitation of Bids
1814.201 Preparation of invitations for bids.
1814.201-5 Part IV--Representations and instructions.
(NASA supplements paragraph (c)).
(c) Section M, Evaluation factors for award.
(i) The contracting officer shall state if award is to be made in
the aggregate (all-or-non basis) or by specified groups of items.
[[Page 47080]]
(ii) if bidders are required to have special technical
qualifications because of the complexity of the equipment being
purchased or for some other reason, the contracting officer shall state
those qualifications.
1814.201-6 Solicitation provisions.
1814.201-670 NASA solicitation provisions.
(a) The contracting officer shall insert the provision at 1852.214-
70, Caution to Offerors Furnishing Descriptive Literature, in
invitations for bids. See FAR 52.214-21, Descriptive Literature.
(b) The contracting officer shall insert the provision at 1852.214-
71, Grouping for Aggregate Award, in invitations for bids, except for
construction, when it is in the Government's best interest not to make
award for less than specified quantities solicited for certain items or
groupings of certain items. Insert the item numbers and/or descriptions
applicable for the particular procurement.
(c) The contracting officer shall insert the provision at 1852.214-
72, Full Quantities, in invitations for bids, except for construction,
when it is in the Government's best interest not to make award for less
than the full quantities solicited.
(d) If a pre-bid conference is planned, the contracting officer
shall insert the provision at 1852.215-77, Preproposal/Pre-bid
Conference. See 1815.407-70(d).
Subpart 1814.3--Submission of Bids
1814.302 Bid submission.
(NASA supplements paragraph (b))
(b) NASA contracting officers shall not consider telegraphic bids
communicated by the telephone.
Subpart 1814.4--Opening of Bids and Award of Contract
1814.404 Rejection of bids.
1814.404-1 Cancellation of invitations after opening.
(NASA supplements paragraphs (c) and (e)).
(c) The authority to make the determination at FAR 14.404-1(c) is
delegated to the contracting officer, except as provided in paragraph
(e)(1) of this subsection.
(e)(1) A determination that includes an authorization to complete
the acquisition through negotiation shall be made by the procurement
officer, in consultation with the chief counsel.
1814.407 Mistakes in bids.
1814.407-3 Other mistakes disclosed before award.
(NASA supplements paragraph (e))
(e) Procurement officers are authorized to make the determinations
under 14.407-3 (a), (b), (c) and (d).
1814.407-4 Mistakes after award.
(NASA supplements paragraph (d))
(d) Determinations shall be made by the procurement officer.
1814.408 Award.
1814.408-1 General.
(1) A notice of award as a specific document is used when the
contracting officer needs to inform a responsible bidder that its offer
was determined to be the most advantageous to the Government
(considering only price and price-related factors) and that the formal
award will be made upon satisfaction of specified pre-performance
conditions.
(2) The notice of award is not a contractual instrument. It does
not authorize the successful bidder to perform and, in itself, does not
obligate the Government to award a contractual document. Its limited
purpose is to provide: evidence of the Government's selection of the
successful bidder; instruction to that bidder to satisfy specified pre-
performance conditions; and a statement that the Government intends to
award the contract to the successful bidder upon satisfaction of these
conditions if a contract is awarded as a result of the invitation for
bids.
(3) Use of a notice of award is optional. The contracting officer
may issue the award document itself without first issuing a notice of
award. However, there are instances when a notice of award should be
considered, for example, in construction contracts where performance or
payment bonds are required. In such cases, the most cost effective
technique is to require only the successful bidder to provide the
necessary bonds. The notice of award advises the successful bidder to
provide the bonds, and it also serves as formal evidence from the
Government of the impending award if such evidence is required to
secure the bonds.
(4) The notice of award shall not be issued unless bids have been
evaluated and a selection made, and a definitive contract document is
ready for execution upon satisfaction of the conditions specified in
the notice. Upon satisfaction of these conditions, the approved and
executed contract instrument shall be provided to the successful
bidder.
(5) Since the notice of award is not a contractual document
authorizing performance, the period of performance of the resultant
contract shall not be based on the date of issuance or receipt of the
notice of award. The period of performance specified in the contract
shall be based on some other reference point, such as the date the
contract is provided to the successful bidder, a mutually agreeable
effective date of a later authorization to proceed date.
(6) The notice of award can be issued by any formal written means
such as a letter, telegram or electronic means. The notice should be
substantially the same as the following format.
Format
Subject: Notice of Award--Invitation for Bids (IFB) (a). This
notice is to advise you that your bid (b) in response to the subject
IFB has been determined to be the most advantageous to the
Government (considering only price and price-related factors). It is
the Government's intention to award you a contract in the amount of
(c) for this effort pending satisfaction of the following pre-
performance conditions: (d)
Evidence (e) of satisfaction of these conditions must be
provided to the contracting officer by (f). In the event these
conditions are not satisfied by this date, the Government reserves
the right to award the contract to the bidder who submitted the next
most advantageous bid.
Please note that this notice of award is not a contractual
document. It does not obligate the Government to award you, or any
other bidder, a contract relative to the subject IFB, and it does
not authorize you to proceed with contract performance or incur
costs pursuant to such performance. Any costs incurred for contract
performance prior to your receipt of a fully executed contract
document are at your own risk and are not recoverable under any
Government contract should the Government fail, for whatever reason,
to award you a contract in response to the subject IFB.
If a contract is awarded after evidence of satisfaction of the
pre-performance conditions listed above is provided to the
contracting officer by the specified due date, the date of
commencement of work will be provided with the formal award. This
date will be based on (g).
Notes.--The contracting officer shall insert, where shown, the
following information:
(a) Identification of the IFB by number and title.
(b) Identification of the contractor's bid.
(c) The award price.
(d) The preperformance conditions (e.g., any required payment
and performance bonds).
(e) The evidence required to satisfy the pre-performance
conditions (e.g., the actual payment and performance bonds).
(f) The date by which the evidence must be provided to the
contracting officer.
(g) Identification of the date for commencement of performance.
The period of performance of the contract shall not be based on the
date of issuance or receipt of the notice of award. It shall be
based on the date the contract is provided to the successful bidder,
a mutually agreeable effective date, or a later authorization to
proceed date.
[[Page 47081]]
PART 1828--BONDS AND INSURANCE
1828.202 [Added]
9. Section 1828.202 is revised to read as follows:
1828.202 Acceptability of corporate sureties.
(NASA supplements paragraph (a)).
(a) Contracting officers may obtain access to the Department of
Treasury Circular 570 through the Circular 570 Bulletin Board,
telephone (202) 874-7214. Use the following communications software
specifications:
Baud rate..........................................................2400
Parity.............................................................None
No. of Data Bits......................................................8
No. of Stop Bits......................................................1
Duplex.............................................................Full
PART 1835--RESEARCH AND DEVELOPMENT CONTRACTING
1835.004 [Added]
10. Section 1835.004 is added to read as follows:
1835.004 Publicizing requirements and expanding research and
development sources.
(NASA supplements paragraph (a))
(a) In R&D acquisitions over $100,000, when only three or fewer
sources are known, the contracting officer shall have the requirements
office query the Defense Technical Information Center (DTIC) IR&D
Database to identify additional sources conducting IR&D in the area of
the acquisition, in addition to using other market survey techniques.
If needed, specific information on access to and use of the DTIC IR&D
Database by a particular NASA installation may be obtained from that
installation's designated IR&D focal point.
PART 1842--CONTRACT ADMINISTRATION
Subpart 1842.13--[Added]
11. Subpart 1842.13 is added to read as follows:
1842.13--Suspension of work, stop-work orders, and Government delay of
work
1842.1305 Contract clauses.
(NASA supplements paragraph (b))
(b) FAR 52.242-15, Stop-Work Order, shall not be used in
solicitations or contracts for research performed by educational or
other nonprofit institutions.
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES.
1852.207-70 [Removed]
12.-13. Section 1852.207-70 is removed.
1852.210-70 [Redesignated]
1852.210-71, 1852.210-72, 1852.210-75 [Removed]
14.-15. Sections 1852.210-40, 1852.210-71, 1852.210-72 and
1852.210-75 are removed.
1852.211-70, 1852.211-72, 1852.211-74 [Added]
16. Sections 1852.211-70, 1852.211-72 and 1852.211-74 are added to
read as follows:
1852.211-70 Brand name or equal.
As prescribed in 1811.104-71, insert the following provision:
Brand Name or Equal
(DECEMBER 1988)
(a) As used in this provision, ``brand name'' means
identification of products by make and model. The term ``bid'' means
``offer'' if this is a negotiated acquisition.
(b) If items called for by this solicitation are identified in
the Schedule by a ``brand name or equal'' description, that
identification is intended to be descriptive, not restrictive, and
is to indicate the quality and characteristics of products that will
be satisfactory. Bids offering ``equal'' products, including
products of the brand name manufacturer other than the one described
by model designation, will be considered for award if the products
are clearly identified in the bids and are determined by the
Government to meet fully the salient characteristics requirements
referenced in the solicitation.
(c) Unless the offeror clearly indicates in the bid that it is
offering an ``equal'' product, the bid shall be considered as
offering a brand-name product referenced in the solicitation.
(d) (1) If the offeror proposes to furnish an ``equal'' product,
the brand name, if any, of the product to be furnished shall be
inserted in the space provided in the solicitation, or that product
shall be otherwise clearly identified in the bid. The evaluation of
bids and the determination as to equality of the product offered
shall be the responsibility of the Government and will be based on
information furnished by the offeror or identified in its bid, as
well as on other information reasonably available to the contracting
activity.
(2) CAUTION TO OFFERORS: The contracting office is not
responsible for locating or securing any information not identified
in the bid and reasonably available to the contracting office.
Accordingly, to ensure that sufficient information is available, the
offeror must furnish as a part of its bid all descriptive material
(such as cuts, illustrations, drawings, or other information)
necessary for the contracting office to (i) determine whether the
product offered meets the salient characteristics requirements of
the solicitation and (ii) establish exactly what the offeror
proposes to furnish and what the Government would be binding itself
to purchase by making an award. The information furnished may
include specific references to information previously furnished or
to information otherwise available to the contracting office.
(3) If the offeror proposes to modify a product so as to make it
conform to the requirements of the solicitation, it shall (i)
include in the bid a clear description of the proposed modifications
and (ii) clearly mark any descriptive material to show them.
(4) If this is a sealed bid acquisition, modifications proposed
after bid opening to make a product conform to a brand name product
referenced in the solicitation will not be considered.
(End of provision)
1852.211-72 Period of Performance.
As prescribed in 1811.403(a)(3), insert the following clause:
Period of Performance
(DECEMBER 1988)
The period of performance of this contract shall be [Insert
period of performance dates].
(End of clause)
1852.211-74 Notice of Delay.
As prescribed at 1811.404-70(a), insert the following clause:
Notice of Delay
(DECEMBER 1988)
If, because of technical difficulties, the Contractor becomes
unable to complete the contract work at the time specified,
notwithstanding the exercise of good faith and diligent efforts in
performing the work called for under this contract, the Contractor
shall give the Contracting Officer written notice of the anticipated
delay and the reasons for it. The notice and reasons shall be
delivered promptly after the condition creating the anticipated
delay becomes known to the Contractor but in no event less than 45
days before the completion date specified in this contract, unless
otherwise permitted by the Contracting Officer. When notice is
given, the Contracting Officer may extend the time specified in the
Schedule for such period as is deemed advisable.
(End of clause)
1852.212-70 [Redesignated]
1852.212-72, 1852.212-73 [Removed]
17.-18. Sections 1852.212-72 and 1852.212-73 are removed.
1852.212-74 [Redesignated]
1852.214-70, 1852-214-71, 1852.214-72 [Amended]
19.-20. Sections 1852.214-70, 1852.214-71, and 1852-214.72 are
revised to read as follows:
[[Page 47082]]
1852.214-70 Caution to Offerors Furnishing Descriptive Literature.
As prescribed in 1814.201-670(a), insert the following provision:
Caution to Offerors Furnishing
Descriptive Literature
(DECEMBER 1988)
Bidders are cautioned against furnishing as a part of their bids
descriptive literature that includes language reserving to the
bidder the right to deviate from the requirements of the invitation
for bids. Statements that ``Data are subject to change without
notice,'' ``Prices subject to change without notice,'' or words
having a similar effect are examples of such reservation. The
Government will reject as nonresponsive any bid that incorporates
literature containing such language or any bid that must be
evaluated by using literature containing such language. Bidders
should clearly label any submissions of descriptive literature not
intended to form a part of a bid as such in order to preclude any
need for the Government to interpret the bidder's intent in
submitting descriptive literature. [See FAR 14.202-5.]
(End of provision)
1852.214-71 Grouping for Aggregate Award.
As prescribed in 1814.201-670(c), insert the following provision:
Grouping for Aggregate Award
(MARCH 1989)
(a) The Government will evaluate offers and make award on a
basis of the aggregate offers for items
Insert the item numbers and/or descriptions].
The Government will not consider an offer for quantities less
than those specified for these items.
(b) If this is an invitation for bids, the Government will
reject as nonresponsive a bid that is not made on the total
quantities for all of the items specified in paragraph (a) of this
section.
(End of provision)
1852.214-72 Full Quantities.
As prescribed in 1814.201-670(b), insert the following provision:
FULL QUANTITIES
(DECEMBER 1988)
The Government will not consider an offer for quantities of
items less than those specified. If this is an invitation for bids,
the Government will reject as nonresponsive a bid that is not made
on full quantities.
(End of provision)
PART 1871--MIDRANGE PROCUREMENT PROCEDURES
1871.103 [Amended]
21. Paragraph (b) to section 1871.103 is revised to read as
follows:
1871.103 Applicability.
(a) * * *
(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 regardless of dollar value to the extent consistent
and compliant with FAR part 12 and part 1812 (see 1812.102(c)). 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 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.
* * * * *
1871.401-6 [Amended]
22. In section 1871.401-6, paragraph (a)(2) is revised to read as
follows:
1871.206-1 Commercial Items.
(a) Policy.
(1) * * *
(2) MidRange Procedures may be used for commercial item
procurements to the extent consistent and compliant with FAR part 12
and part 1812 (see 1812.102(c)).
* * * * *
[FR Doc. 96-22234 Filed 9-5-96; 8:45 a.m]
BILLING CODE 7510-01-M
