(PARTS 1807 THROUGH 1812, 1814, 1828, 1835, 1842, 1852, and 1871)
PURPOSE: To rewrite the NFS to: (1) delete unnecessary policy; (2) clarify valid policy; (3) revise obsolete policy; (4) delegate authority to the appropriate level; and (5) conform text numbering to that of the FAR.
BACKGROUND: The National Performance Review urged agencies to streamline and clarify their regulations. The NFS rewrite initiative was established to pursue these goals by conducting a section by section review of the NFS to verify its accuracy, relevancy, and validity. The NFS will be rewritten in blocks of parts and issued through PNs. Upon completion of all parts, the NFS will be reissued in a new edition.
REGULATION: Parts 1807 through 1812 are revised in their entirety as set forth in the enclosed replacement pages. Part 1810 is removed in its entirety, and a new Part 1811 is added. Parts 1828, 1835, and 1871 are revised as a result of the rewritten parts.
REPLACEMENT PAGES: You may use the enclosed pages to replace General Structure (page 1), General Structure (page 2), Structure (pages 1 through 8), Parts 1807 through 1814 (except 1813), TOC 28:1, TOC 35:1, 35:1, 35:2, 35:3, 35:4, 35:5, 35:6, TOC 52:1, TOC 52:2, TOC 52:3, TOC 52:4, 52-5, 52-6, 52-7, 52-107, 52-108, and Part 1871. Use the enclosed pages to add TOC 11:1, 11:1, 11:2, 11:3, 11:4, 28-2:1, and 45-13:1 to the NFS. Pages TOC 10:1, 10:1, 10:2, 10:3, 52-15, 52-16, 52-17, 52-18, 52-19, 52-20, 52-109, and 52-110 are removed, with no replacement pages to the NFS.
REGULATORY COMPLIANCE: This PN has been published as a final rule in the Federal Register (61 FR 47068-47082, September 6, 1996).
EFFECTIVE DATE: This PN is effective as dated and shall remain in effect until canceled or superseded.
HEADQUARTERS CONTACTS: Bruce King, Code HC, 202-358-0461, and Tom O'Toole, Code HC, 202-358-0478.
Deidre A. Lee
Associate Administrator for Procurement
Enclosures
DISTRIBUTION:
NFSD List
HK/CO'Bryant/5-21-96/X1248; DocName: a:\pn2intro.doc
CONCURRENCES: HK/King________________HK/O'Toole__________________
PART 1807
ACQUISITION PLANNING
TABLE OF CONTENTS
SUBPART 1807.1 ACQUISITION PLANS
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.
PART 1807
ACQUISITION PLANNING
Subpart 1807.1 - Acquisition Plans
1807.103 Agency-head responsibilities.
(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 1871). However, acquisition plans are required for commercial item acquisitions that exceed the MidRange dollar thresholds for noncommercial items.
(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.
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.
(a)(3) Identify the estimated cost and describe the estimating methodology.
(a)(5) Specify the delivery or performance period requirements separately by the basic contract, each option, and the total.
(a)(8) Streamlining applies to all NASA acquisitions. Describe all planned streamlining procedures.
(b)(3) Address how cost realism will be evaluated.
(b)(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).
(b)(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).
(b)(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.
(b)(10) Address contract management issues, including planned delegations of administrative functions.
(b)(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 decisions, 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.
(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.
(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.
(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) 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 proceduresin 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 acquisition -- 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 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).
Table 1807-1.
PART 1808
REQUIRED SOURCES OF SUPPLIES AND SERVICES
TABLE OF CONTENTS
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.
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.
Requests 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 Acquisition 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 weighing 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 throughout 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 weighing ticket shall be forwarded to Headquarters, SA-ALC, Kelly Air Force Base, TX 78241, Attention: ACFOM, identifying the discrepancy.
(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 (Disburse- ment)), 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 Equipment Management System (NEMS) Coordinator.
Subpart 1808.4--Federal Supply Schedules
1808.404 Using schedules.
1808.404-3 Requests for waivers.
(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.
(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.
(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.
PART 1809
CONTRACTOR QUALIFICATIONS
TABLE OF CONTENTS
SUBPART 1809.1 RESPONSIBLE PROSPECTIVE CONTRACTORS
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.
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.
(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 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.
(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.
(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.
(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.
(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.
(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.
(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.
1809.405-1 Continuation of current contracts.
(c) Approval of contract renewals or extensions shall be requested in accordance with 1809.405.
1809.405-2 Restrictions on subcontracting.
(a) Approval of consent to subcontract shall be requested in accordance with 1809.405.
1809.406 Debarment.
1809.406-3 Procedures.
(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.
(a) Reports shall be prepared in accordance with 1809.470.
1809.408 Certification regarding debarment, suspension, proposed debarment, and other responsibility matters.
(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.
(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 1811
DESCRIBING AGENCY NEEDS
TABLE OF CONTENTS
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.
PART 1811
DESCRIBING AGENCY NEEDS
1811.002 Policy.
(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.
(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.
(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.
(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.
(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.
(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 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).
PART 1812
ACQUISITION OF COMMERCIAL ITEMS
TABLE OF CONTENTS
SUBPART 1812.1 ACQUISITION OF COMMERCIAL ITEMS-- GENERAL
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 COMMERCIAL ITEMS
1812.404 Warranties.
PART 1812
ACQUISITION OF COMMERCIAL ITEMS
Subpart 1812.1--Acquisition of Commercial Items--General
1812.102 Applicability.
(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.
(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 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.
(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.
PART 1814
SEALED BIDDING
TABLE OF CONTENTS
SUBPART 1814.2 SOLICITATION OF BIDS
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-none basis) or by specified groups of items.
(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 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 or 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.
PART 1828--BONDS AND INSURANCE
1828.202 [Added]
9. Section 1828.202(a) is added 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.
(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
12. Part 1852 is revised as set forth below:
PART 1852
SOLICITATION PROVISIONS AND CONTRACT CLAUSES
TABLE OF CONTENTS
1852.000 Scope of part.
SUBPART 1852.1 INSTRUCTIONS FOR USING PROVISIONS AND
CLAUSES
1852.101 Using Part 52.
1852.103 Identification of provisions and clauses.
1852.103-70 Identification of modified provisions and clauses.
1852.104 Procedures for modifying and completing provisions and clauses.
SUBPART 1852.2 TEXTS OF PROVISIONS AND CLAUSES
1852.204-75 Security Classification Requirements.
1852.204-76 Security Requirements for Unclassified Automated Information Resources.
1852.208-81 Restrictions on Printing and Duplicating.
1852.209-70 Product Removal from Qualified Products List.
1852.209-71 Limitation of Future Contracting.
1852.209-72 Composition of the Contractor.
1852.211-70 Brand Name or Equal.
1852.211-72 Period of Performance.
1852.211-74 Notice of Delay.
1852.214-70 Caution to Offerors Furnishing
Descriptive Literature.
1852.214-71 Grouping for Aggregate Award.
1852.214-72 Full Quantities.
* * * * *
1852.207-70 [Removed]
13. Section 1852.207-70 is removed.
1852.210-70 1852.210-71, 1852.210-72, 1852.210-75 [Removed]
14 - 15. Sections 1852.210-70, 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]
17. Section 1852.212-70 is redesignated as a new section 1852.211-74.
1852.212-72, 1852.212-73 [Removed]
18. Sections 1852.212-72 and 1852.212-73 are removed.
1852.212-74 [Redesignated]
19. Section 1852.212-72 is redesignated as a new section 1852.211-72.
1852.214-70, 1852-214-71, 1852.214-72 [Amended]
20. Sections 1852.214-70, 1852.214-71, and 1852-214.72 are revised to read as follows:
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 rejectas 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)).
* * * * *