Procurement Notice

National Aeronautics and

Space Administration

Washington, DC 20546

#  PN 04-35

> **June 19, 2008**
>
> **LEASING OR CHARTERING OF AIRCRAFT**

***PURPOSE:*** This PN revises subpart 1847.2 with regards to
contracting officers' responsibilities when leasing or chartering
aircraft. Specifically,

\- Section 1847.200-70 has been revised to delete current content and
replace with definitions relative to this subpart;

\- Section 1847.200-71 has been added to address contracting officers'
responsibilities when leasing and chartering aircraft; and

\- Section 1847.207-10 remains unchanged.

***BACKGROUND*:**  This PN revises the NASA FAR Supplement (NFS) to
reflect changes to subpart 1847.2 with regards to contracting officers'
responsibilities when leasing or chartering aircraft. The current NFS
language in section 1847.200-70 only deals with chartering aircraft and
simply points the contracting officer to the very voluminous and complex
NPR 7900.3, Aircraft Operations Management to obtain their
responsibilities when leasing or chartering aircraft. Thus, many times,
contracting officers do not realize that they must obtain Center Flight
Operations office concurrence even for Unmanned Aerial Systems (UASs).
This change will correct this issue by:

1\. Including leasing of aircraft along with chartering of aircraft in
NFS.

2\. Referencing NPD 7900.4, Aircraft Operations Management along with
the associated NPR.

3\. Detailing the contracting officer's responsibility to obtain Center
Flight Operations office concurrence before awarding a contract for the
lease or charter of aircraft.

4\. Including a definition of Unmanned Aerial Systems (UAS) to ensure
contracting officers know that UASs are aircraft and that they must
obtain Center Flight Operations office concurrence prior to award of
contracts for UASs as well.

***ACTION REQUIRED BY CONTRACTING OFFICERS:*** Contracting officers
shall secure the approval of the Center Flight Operations Office before
releasing any solicitation or awarding any contract for leasing or
chartering of aircraft. It is not necessary to cancel or amend
solicitations in process, if approval was not obtained prior to
solicitation issuance, provided approval is secured prior to award.

***CLAUSE CHANGES:*** Not Applicable.

***PARTS AFFECTED:*** Part 1847.

***REPLACEMENT PAGES*:** You may use the enclosed pages to replace Part
1847 of the NFS.

***TYPE OF RULE AND PUBLICATION DATE***:  These changes do not have a
significant effect beyond the internal operating procedures of NASA and
do not have a significant cost or administrative impact on contractors
or offerors, and therefore do not require codification in the Code of
Federal Regulations (CFR) or publication for public comment.

***HEADQUARTERS CONTACT***:  Bill Roets, Office of Procurement, Contract
Management Division, (202) 358-4483, email: william.roets-1@nasa.gov.

William P. McNally

Assistant Administrator for Procurement

Enclosures

 

**DISTRIBUTION LIST:**

**  PN List** 

PART 1847

**TRANSPORTATION**

**TABLE OF CONTENTS**

**SUBPART 1847.2 CONTRACTS FOR TRANSPORTATION OR FOR**

**TRANSPORTATION-RELATED SERVICES**

1847.200 Scope of subpart.

1847.200-70 Definitions.

1847.200-71 Charter or lease of aircraft.

1847.207-10 Discrepancies incident to shipments.

**SUBPART 1847.3 TRANSPORTATION IN SUPPLY CONTRACTS**

1847.304 Determination of delivery terms.

1847.304-3 Shipments from CONUS for overseas delivery.

1847.304-370 NASA export privilege.

1847.305 Solicitation provisions, contract clauses, and transportation
factors.

1847.305-10 Packing, marking, and consignment instructions.

1847.305-13 Transit arrangements.

1847.305-70 NASA contract clauses.

**SUBPART 1847.5 OCEAN TRANSPORTATION BY U.S.-FLAG VESSELS**

1847.506 Procedures.

**SUBPART 1847.70 PROTECTION OF THE FLORIDA MANATEE**

1847.7001 Contract clause.

**PART 1847**

# TRANSPORTATION

**Subpart** **1847.2 \--Contracts for Transportation or for**

**Transportation-Related Services**

**1847.200 Scope of subpart.**

**1847.200-70 Definitions.**

**"Chartered Aircraft"**, as defined by 41 C.F.R. 102-33, are aircraft
that an executive agency hires commercially under a contractual
agreement specifying performance and one-time exclusive use. The
commercial source operates and maintains charter aircraft.

**"Leased Aircraft"**, as defined by 41 C.F.R. 102-33, are aircraft
hired under a commercial contractual agreement in which an executive
agency has exclusive use of the aircraft for an agreed-upon period of
time. The acquiring executive agency operates and maintains the
aircraft. Maintenance responsibility is defined in the contractual
agreement.

**"Unmanned Aerial Systems (UAS)"** means a powered aerial vehicle that
does not carry a human operator, uses aerodynamic forces to provide
vehicle lift, and can fly autonomously or be piloted remotely. UASs
range from micro vehicles measuring inches in size and ounces in weight
to large aircraft weighing more than 30,000 pounds.

**1847.200-71 Charter or Lease of Aircraft**

Before releasing any solicitation or awarding any contract for the lease
or charter of aircraft, manned aerial system or unmanned aerial system
(UAS), contracting officers shall obtain concurrence from the Center
Flight Operations office that the contemplated award complies with NASA
aviation safety program requirements particularly NPD 7900.4, NASA
Aircraft Operations Management, and NPR 7900.3, Aircraft Operations
Management. If the Center does not have a Flight Operations office,
concurrence from another Center's Flight Operations office is required
and shall be coordinated by the Aircraft Management Division under the
Assistant Administrator for the Office of Infrastructure and
Administration in NASA Headquarters.

**1847.207-10**   **Discrepancies incident** **to** **shipments.**

NASA personnel shall also report discrepancies and adjust claims for
loss of and damage to Government property in transit in accordance
with NPR 6200.1, NASA Transportation and General Traffic Management.

**Subpart** **1847.3\--Transportation in Supply Contracts**

**1847.304** **Determination** **of** **delivery** **terms.**

**1847.304-3** **Shipments** **from** **CONUS** **for** **overseas**
**delivery.**

**1847.304-370 NASA export privilege.**

NASA has export licensing privileges for moving commodities to foreign
destinations. Contracting officers shall request the advice of the
Center Export Administrator to ensure full and appropriate use is made
of these privileges.

**1847.305** **Solicitation** **provisions,** **contract** **clauses,**
**and** **transportation** **factors.**

**1847.305-10 Packing,** **marking,** **and** **consignment**
**instructions.**

In contracts providing for delivery f.o.b. origin and shipment under
Government bills of lading, consignment instructions may be limited to
the mail address of the consignee (receiving activity), provided the
contract instructions state: \"Shipment other than mail shall be
consigned as indicated on the Government bill of lading furnished to the
contractor.\"

**1847.305-13 Transit** **arrangements.**

(a)(3)(ii) When the provision at FAR 52.247-56 is used, the solicitation
shall state that offers will be evaluated on the basis of the lowest
overall cost to the Government, including transportation costs to NASA
from point of origin to final destination, taking into account any
applicable transit privileges.

**1847.305-70**  **NASA** **contract** **clauses.**

\(a\) The contracting officer may insert a clause substantially as
stated at 1852.247-72, Advance Notice of Shipment, in solicitations and
contracts when the f.o.b. point is destination and special Government
assistance is required in the delivery or receipt of the items.

\(b\) The contracting officer shall insert a clause substantially as
stated at 1852.247-73, Bills of Lading, in f.o.b. origin solicitations
and contracts.

**Subpart** **1847.5\--Ocean Transportation by U.S.-Flag Vessels**

**1847.506  Procedures.**

(d)**(i)** The transportation officer in each installation shall
establish and maintain a register to reflect adherence to the Cargo
Preference Act. The register shall contain data related to shipments
made by the installation and by NASA contractors. Where no
transportation officer is available, it shall be maintained by the
contracting office. The register shall contain pertinent details of
ocean shipments including, but not limited to, the ports of origin and
destination of shipments, commodity descriptions, gross weight, freight
revenue, name of vessel, operator of vessel, and date of loading. The
register shall be maintained current and organized so that adherence to
the Cargo Preference Act can be ascertained at all times. To the maximum
practicable extent, compliance with the 50-percent minimum requirements
of the Cargo Preference Act shall be maintained on a quarter-year basis;
any deficiencies in maintaining compliance shall be corrected by the end
of the calendar year.

**(ii)** On the basis of the registers maintained under paragraph (d)(i)
of this section, the official maintaining the register shall submit
quarterly reports reflecting ocean shipments to the Division of

National Cargo, Office of Market Development, Maritime Administration,
Department of Transportation, Washington, DC, 20590. Negative reports
are required when applicable.

**Subpart** **1847.70\--Protection of the Florida Manatee**

**1847.7001 Contract clause.**

The contracting officer shall insert the clause at 1852.247-71,
Protection of the Florida Manatee, in solicitations and contracts when
deliveries or vessel operations, dockside work, or disassembly functions
under the contract will involve use of waterways inhabited by manatees.
The clause shall also be included in applicable subcontracts (including
vendor deliveries).