Rewrite of the NASA FAR Supplement (NFS)

Federal RegisterSep 6, 1996

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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,

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;

(D) Utility services available from only one source;

(E) From or through other Government agencies;

(F) Industrial facilities required in support of related contracts;

(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).

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.

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.

(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.

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.

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.

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

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.

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.

(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.

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,

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).

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)).

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)).

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.

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.

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))

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.

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))

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.

(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))

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)).

(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.

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)).

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

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.

(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.

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.