![](media/image1.wmf){width="0.8243055555555555in"
height="0.6888888888888889in"} Procurement Notice

National Aeronautics and

Space Administration

Washington, DC 20546

##  PN 97-73

> **June 6, 2002**

REPRESENTATIONS AND CERTIFICATIONS AND EVALUATION PROVISIONS FOR
NON-COMMERCIAL SIMPLIFIED ACQUISITIONS

***BACKGROUND:*** Currently for commercial acquisitions, FAR provision
52.212-3, Offeror Representations and Certifications---Commercial Items,
provides a consolidated set of representations and certifications. No
equivalent provision exists for non-commercial items. This PN provides
an equivalent provision, 1852.213-70 -- Offeror Representations and
Certifications---Other Than Commercial Items, for use with NASA's
non-commercial acquisitions within the simplified acquisition threshold
(SAT). This PN also incorporates a new provision 1852.213-71,
Evaluation---Other Than Commercial Items, and a new section
1813.302-570, NASA solicitation provisions, which prescribes the use of
the new provisions. Additionally, this PN restores language in section
1816.405-276 which was inadvertently omitted in PN 97-71.

***ACQUISITIONS AFFECTED BY CHANGES:*** All non-commercial solicitations
within the simplified acquisition threshold.

# 

***ACTION REQUIRED BY CONTRACTING OFFICERS:*** Solicitations for
non-commercial acquisitions within the simplified acquisition threshold,
issued after June 6, 2002, may include the new provision 1852.213-70 to
obtain required representations and certifications; and the new
provision 1852.213-71 to advise potential contractors how evaluation
will be conducted when selection is based on other than technically
acceptable low offer.

***CLAUSE CHANGES:*** This PN adds the following new provisions:

\(a\) 1852.213-70, Offeror Representations and Certifications---Other
Than Commercial Items, basic and Alternates I, II, and III;

\(b\) 1852.213-71, Evaluation---Other Than Commercial Items.

***PARTS AFFECTED:*** Changes are made in Parts 1813, 1816, and 1852.

***REPLACEMENT PAGES:*** You may use the enclosed pages to replace Part
13, 16:11, 16:12, 16:13, 52:1, 52:2, 52:3, 52:4, 52:4.1, 52:9, 52:10
(added) 52:10.1 (added), 52:10.2 (added), 52:10.3 (added), 52:10.4
(added), 52:10.5 (added), 52:10.6 (added), 52:10.7 (added), 52:10.8
(added), 52-91, 52-92, 52-93, 52-94, 52-95, 52-96, 52-97, and 52-98.

***TYPE OF RULE AND PUBLICATION DATE:*** This PN was published as a
final rule in the Federal Register (67 FR 38904 - 38908) on June 6,
2002.

***HEADQUARTERS CONTACT:*** Celeste Dalton, Code HK, (202) 358-1645,
e-mail: <cdalton@hq.nasa.gov>.

R. Scott Thompson

Director, Contract Management Division

Enclosures

**DISTRIBUTION:**

**PN List**

PART 1813

**SIMPLIFIED ACQUISITION PROCEDURES**

**TABLE** **OF CONTENTS**

1813.000 Scope of part.

1813.003 Policy.

**SUBPART 1813.1 PROCEDURES**

106. Soliciting competition, evaluation of quotations or offers, and

documentation.

1813.106-3 Award and documentation.

##### SUBPART 1813.3 SIMPLIFIED ACQUISITION METHODS

1813.301 Governmentwide commercial purchase card.

1813.301-70 Purchase card documentation.

1813.301-71 Training.

1813.301-72 Approving official.

1813.301-73 Program officials.

1813.302 Purchase orders.

1813.302-1 General.

1813.302-570 NASA solicitation provisions.

1813.302-70 Purchase orders under section 8(a) of the Small Business
Act.

1813.303 Blanket Purchase Agreements (BPAs).

1813.303-3 Preparation of BPAs.

1813.307 Forms.

**PART 1813**

**SIMPLIFIED ACQUISITION PROCEDURES**

**1813.000 Scope of part.**

FAR Part 13 and 1813 do not apply to NASA Research Announcements (NRA)
and Announcements of Opportunity (AO). These acquisitions shall be
conducted in accordance with the procedures in 1835.016-71 and 1872,
respectively. However, awards resulting from NRAs or AOs that are to be
made as procurement instruments, can be made as either a contract or a
purchase order. When a purchase order is used, it must not exceed the
simplified acquisition threshold and must include the appropriate
clauses pertaining to data rights, key personnel requirements, and any
other requirements determined necessary by the contracting officer.
Contracting officers must determine whether obtaining the contractor\'s
acceptance of the order is necessary (see FAR 13.302-3(a)).

**1813.003 Policy.**

\(g\) Acquisitions under these simplified acquisition procedures shall
be fixed-price, except as provided under the unpriced purchase order
method in FAR 13.302-2.

# Subpart 1813.1\--Procedures

**1813.106 Soliciting competition, evaluation of quotations or offers,
award and documentation.**

#### 

#### 1813.106-3 Award and documentation.

\(b\) (3) (ii) For purchases up to \$50,000, documentation shall be
limited to a brief notation in the file indicating the rationale for
selecting other than the lowest priced offer.

### 

### Subpart 1813.3\--Simplified Acquisition Methods

### 

### 1813.301 Governmentwide commercial purchase card.

\(a\) The procurement officer or deputy procurement officer shall
designate individual cardholders in accordance with center procedures,
subject to the following limitations:

**(i)** Personnel other than contracting officers may be designated as
cardholders for micro-purchases and for individual orders under BPAs up
to \$5,000 (see 1813.303-3(a)(4)), provided they complete training
adequate to ensure appropriate use of the purchase card.

**(ii)** The procurement officer\'s designation shall be in writing and
shall specify the scope of the cardholder\'s authority.

**(iii)** The center shall establish and maintain administrative
procedures and management controls required by the General Services
Administration (GSA). Purchases made with the Governmentwide commercial
purchase card shall comply with the instructions and procedures issued
by GSA as well as applicable parts of the FAR and NFS.

\(b\) The Governmentwide commercial purchase card may be used to order
and pay for purchases under contracts established under FAR Part 8
procedures, up to the simplified acquisition threshold (except see
paragraph (a)**(i)** of this section for dollar limitations for
personnel other than contracting officers).

\(c\) The Governmentwide commercial purchase card may be used to order
and pay for purchases in the circumstances described in FAR 13.301(c) up
to the simplified acquisition threshold (except see paragraph (a)**(i)**
of this section for limitations for personnel other than contracting
officers). Except as authorized in paragraphs (b) and (c) of this
section, the Governmentwide commercial purchase card may not be used for
purchases in excess of \$25,000. Purchases above the micro-purchase
threshold shall comply with all applicable statutory and regulatory
requirements, including the following:

**(i)** Small business set-aside (see FAR 13.003(b)).

**(ii)** Representations and certifications. The applicable items from
the provision at FAR 52.212-3, Offeror Representations and
Certifications\--Commercial Items, shall be obtained for commercial or
noncommercial purchases. This information may be obtained orally from
vendors.

**(iii)** Maximum practicable competition (see FAR 13.106-1).

**(iv)** Implementation of the applicable contract clauses. This
requirement may be satisfied by forwarding a completed SF 1449,
appropriately modified to reflect purchase card terms, to the awardee
after placing the order via the card, provided that the awardee must be
notified of, and agree to, the applicability of the SF 1449 clauses when
the order is placed.

**1813.301-70 Purchase card documentation.**

Documentation of purchases shall be minimized. For transactions below
the micro-purchase threshold, the card holder shall maintain a brief log
of purchases and a file of monthly purchase card statements indicating
whether item receipt has occurred. For purchases above the
micro-purchase threshold, see 1813.106-3(b)(3)(ii).

**1813.301-71 Training.**

All cardholders and approving officials must complete training prior to
receiving a purchase card. Training will address the responsibilities of
the cardholder and approving official, prohibited purchases, purchase
limitations, and sources of supply.

**1813.301-72 Approving official.**

The approving official is the individual who reviews and approves a
cardholder\'s monthly statement of purchases. The approving official
shall be the cardholder\'s immediate or higher level supervisor; in no
case shall cardholders approve their own statement of purchases. Unless
center procedures otherwise provide for their designation, the
procurement officer shall designate approving officials.

**1813.301-73 Program officials.**

\(a\) The Langley Research Center, Office of Procurement (Code AG), is
the agency program coordinator.

\(b\) The procurement officer shall identify the center program
coordinator and the center billing office point of contact, and provide
their names to the agency program coordinator.

**1813.302 Purchase orders.**

**1813.302-1 General.**

\(a\) See 1813.003(h).

**1813.302-570 NASA solicitation provisions.**

(a)(1) The contracting officer may use the provision at 1852.213-70,
Offeror Representations and Certifications---Other Than Commercial
Items, in simplified acquisitions exceeding the mircro-purchase
threshold that are for other than commercial items. This provision shall
not be used for acquisitions conducted under FAR 13.5.

\(2\) This provision provides a single, consolidated list of
certifications and representations for the acquisition of other than
commercial items using simplified acquisition procedures and is attached
to the solicitation for offerors to complete and return with their
offer.

\(i\) Use the provision with its Alternate I in solicitations for
acquisitions that are for, or specify the use of recovered materials
(see FAR 23.4).

\(ii\) Use the provision with its Alternate II in solicitations for the
acquisition of research, studies, supplies, or services of the type
normally acquired from higher education institutions (see FAR 26.3).

\(iii\) Use the provision with its Alternate III in solicitation which
include the clause at FAR 52.227-14, Rights in Data---General (see FAR
27.404(d)(2) and 1827.404(d)).

\(b\) The contracting officer may insert a provision substantially the
same as the provision at 1852.213-71, Evaluation---Other than Commercial
Items, in solicitations using simplified acquisition procedures for
other than commercial items when evaluation factors are to be included
for evaluation and the selection will be based upon best value, rather
than technically acceptable, low price. (See FAR 13.106.)

**1813.302-70 Purchase orders under section 8(a) of the Small Business
Act.**

Purchase orders made using simplified acquisition procedures are
authorized for 8(a) acquisitions under the simplified acquisition
threshold.

**1813.303 Blanket Purchase Agreements (BPAs)**

**1813.303-3 Preparation of BPAs.**

(a)(4) Non-GS-1102 or -1105 personnel shall not be authorized to place
individual orders under a BPA in an amount greater than \$5,000. For
sole source orders above \$2,500, a contracting officer's determination
is required in accordance with FAR 13.106-1(b)(1).

**1813.307 Forms.**

\(b\) Installations may use locally prescribed forms.

\(c\) Installations may use locally prescribed forms.

\(d\) The SF 44 may be used for purchases of aviation fuel and oil of
\$10,000 or less.

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**

1852.203-70 Display of Inspector General Hotline Posters.

1852.204-74 Central Contractor Registration.

1852.204-75 Security Classification Requirements.

1852.204-76 Security Requirements for Unclassified Information

Technology 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 Packaging, Handling, and Transportation.

1852.213-70 Offeror Representations and Certifications--Other Than

Commercial Items.

1852.213-71 Evaluation---Other Than Commercial Items.

1852.214-70 Caution to Offerors Furnishing Descriptive Literature.

1852.214-71 Grouping for Aggregate Award.

1852.214-72 Full Quantities.

1852.215-77 Preproposal/Pre-bid Conference.

1852.215-78 Make or Buy Program Requirements.

1852.215-79 Price Adjustment for \"Make-or-Buy\" Changes.

1852.215-81 Proposal Page Limitations.

1852.215-84 Ombudsman.

1852.216-73 Estimated Cost and Cost Sharing.

1852.216-74 Estimated Cost and Fixed Fee.

1852.216-75 Payment of Fixed Fee.

1852.216-76 Award Fee for Service Contracts.

1852.216-77 Award Fee for End Item Contracts.

1852.216-78 Firm Fixed Price.

1852.216-80 Task Ordering Procedure.

1852.216-81 Estimated Cost.

1852.216-83 Fixed Price Incentive.

1852.216-84 Estimated Cost and Incentive Fee.

1852.216-85 Estimated Cost and Award Fee.

1852.216-87 Submission of Vouchers for Payment.

1852.216-88 Performance Incentive.

1852.216-89 Assignment and Release Forms.

1852.217-70 Property Administration and Reporting.

1852.217-71 Phased Procurement Using Down-Selection Procedures.

1852.217-72 Phased Procurement Using Progressive Competition Down-

Selection Procedures.

1852.219-73 Small Business Subcontracting Plan.

1852.219-74 Use of Rural Area Small Businesses.

1852.219-75 Small Business Subcontracting Reporting.

1852.219-76 NASA 8 Percent Goal.

1852.219-77 NASA Mentor-Protégé Program.

1852.219-79 Mentor Requirements and Evaluation.

1852.223-70 Safety and Health.

1852.223-71 Frequency Authorization.

1852.223-72 Safety and Health (Short Form).

1852.223-73 Safety and Health Plan.

1852.223-74 Drug- and Alcohol-Free Workforce.

1852.223-75 Major Breach of Safety or Security.

1852.225-8 Duty-Free Entry of Space Articles.

1852.225-70 Export Licenses.

1852.227-11 Patent Rights\--Retention by the Contractor (Short Form).

1852.227-14 Rights in Data\--General.

1852.227-17 Rights in Data\--Special Works.

1852.227-19 Commercial Computer Software\--Restricted Rights.

1852.227-70 New Technology.

1852.227-71 Requests for Waiver of Rights to Inventions.

1852.227-72 Designation of New Technology Representative and Patent

>   Representative.

1852.227-84 Patent Rights Clauses.

1852.227-85 Invention Reporting and Rights\--Foreign.

1852.227-86 Commercial Computer Software\--Licensing.

1852.227-87 Transfer of Technical Data Under Space Station

  International Agreements.

1852.228-70 Aircraft Ground and Flight Risk.

1852.228-71 Aircraft Flight Risks.

1852.228-72 Cross-Waiver of Liability for Space Shuttle Services.

1852.228-73 Bid Bond.

1852.228-75 Minimum Insurance Coverage.

1852.228-76 Cross-Waiver of Liability for Space Station Activities.

1852.228-78 Cross-Waiver of Liability for NASA Expendable Launch Vehicle
Launches.

1852.228-80 Insurance --- Immunity From Tort Liability.

1852.228-81 Insurance --- Partial Immunity From Tort Liability.

1852.228-82 Insurance --- Total Immunity From Tort Liability.

1852.231-70 Precontract Costs.

1852.231-71 Determination of Compensation Reasonableness.

1852.232-70 NASA Modification of FAR 52.232-12.

1852.232-77 Limitation of Funds (Fixed-Price Contract).

1852.232-79 Payment for On-Site Preparatory Costs.

1852.232-81 Contract Funding.

1852.232-82 Submission of Requests for Progress Payments.

1852.233-70 Protests to NASA.

1852.235-70 Center for AeroSpace Information - Final Scientific and

Technical Reports.

1852.235-71 Key Personnel and Facilities.

1852.235-72 Instructions for Responding to NASA Research Announcements.

1852.236-71 Additive or Deductive Items.

1852.236-72 Bids with Unit Prices.

1852.236-73 Hurricane Plan.

1852.236-74 Magnitude of Requirement.

1852.236-75 Partnering for Construction Contracts.

1852.237-70 Emergency Evacuation Procedures.

1852.237-71 Pension Portability.

1852.239-70 Alternate Delivery Points.

1852.241-70 Renewal of Contract.

1852.242-70 Technical Direction.

1852.242-71 Travel Outside of the United States.

1852.242-72 Observance of Legal Holidays.

1852.242-73 NASA Contractor Financial Management Reporting.

1852.242-74 Notice of Earned Value Management System.

1852.242-75 Earned Value Management System.

1852.242-76 Modified Cost Performance Report.

1852.242-77 Modified Cost Performance Report Plans.

1852.242-78 Emergency Medical Services and Evacuation.

1852.243-70 Engineering Change Proposals.

1852.243-71 Shared Savings.

1852.243-72 Equitable Adjustments.

1852.244-70 Geographic Participation in the Aerospace Program.

1852.245-70 Contractor Requests for Government-Owned Equipment.

1852.245-71 Installation-Accountable Government Property.

1852.245-72 Liability for Government Property Furnished for Repair or

>   Other Services.

1852.245-73 Financial Reporting of NASA Property in the Custody of
Contractors.

1852.245-74 Contractor Accountable On-Site Government Property.

1852.245-75 Title to Equipment.

1852.245-76 List of Government-Furnished Property.

1852.245-77 List of Installation-Accountable Property and Services.

1852.245-79 Use of Government-Owned Property.

1852.245-80 Use of Government Production and Research Property on a
No-Charge Basis.

1852.246-70 Mission Critical Space System Personnel Reliability  

Program.

1852.246-71 Government Contract Quality Assurance.

1852.246-72 Material Inspection and Receiving Report.

1852.246-73 Human Space Flight Item.

1852.247-71 Protection of the Florida Manatee.

1852.247-72 Advance Notice of Shipment.

1852.247-73 Bills of Lading.

1852.249-72 Termination (Utilities).

**SUBPART 1852.3 PROVISION AND CLAUSE MATRIX**

1852.300 Scope of Subpart.

1852.301 Solicitation Provisions and Contract Clauses (Matrix).

**PART 1852**

## SOLICITATION PROVISIONS AND CONTRACT CLAUSES

**1852.000 Scope of part.**

This part, in conjunction with FAR Part 52, (a) sets forth the
provisions and clauses prescribed in the NFS, (b) gives instructions for
their use, and (c) presents a matrix listing the provisions and clauses
applicable to each principal contract type and/or purpose (e.g.,
fixed-price supply, cost-reimbursement research and development).

**Subpart 1852.1\--Instructions for Using Provisions and Clauses**

**1852.101 Using Part 52.**

(b)(2)(i)(B) NASA contracting offices prescribing or developing clauses
shall ensure that the requirements of Subpart 1801.3 are met.

(e)(1) The NFS matrix in Subpart 1852.3 is formatted similarly to that
in the FAR. The first page of the NFS matrix contains a key to column
headings, a dollar threshold chart, and requirement symbols. To fully
determine the applicability of a provision or clause in the
\"required-when-applicable\" and \"optional\" categories, Contracting
Officers shall refer to the NFS text (cited in the matrix) that
prescribes its use.

\(4\) The NFS matrix may be reproduced by field installations for the
purpose of supplementing it with installation-developed provisions and
clauses.

**1852.103 Identification of provisions and clauses.**

\(b\) Provisions and clauses prescribed by a field installation to
satisfy its needs shall be identified as stated in paragraphs (b)(i) and
(ii) of this section. Articles, formats, and similar language shall be
treated as provisions and clauses for purposes of this section 1852.103.

**(i)** A provision or clause shall be numbered using a prefix, a base,
and a suffix. The prefix shall be an alphabetical abbreviation of the
installation name (e.g., ARC, DFRC, GRC, GSFC, JSC, KSC, LARC, MSFC,
SSC, or SSPO). The base shall be a numeric value beginning with

\"52.2,\" with the next two digits corresponding to the number of the
FAR or NFS subject part to which the provision or clause relates. The
suffix shall be a hyphen and sequential number assigned within each
part. NASA installations shall use suffix numbers from -90 to -199. For
example, the first Johnson Space Center (JSC) provision or clause
relating to Part 36 of the FAR or NFS shall be JSC 52.236-90, the second
JSC 52.236-91, and so forth. Provisions and clauses shall be dated in
accordance with FAR 52.101(f).

**(ii)** Contracting officers shall identify provisions and clauses as
in the following examples:

**1852.213-70 Offeror Representations and Certifications--Other Than
Commercial Items.**

As prescribed in 1813.302-570, insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS---OTHER THAN COMMERCIAL ITEMS

(JUNE 2002)

\(a\) *Definitions.* As used in this provision\--

*\"Emerging small business\"* means a small business concern whose size
is no greater than 50 percent of the numerical size standard for the
NAICS code designated.

*\"Forced or indentured child labor\"* means all work or service\--

\(1\) Exacted from any person under the age of 18 under the menace of
any penalty for its nonperformance and for which the worker does not
offer himself voluntarily; or

\(2\) Performed by any person under the age of 18 pursuant to a contract
the enforcement of which can be accomplished by process or penalties.

*\"Service-disabled veteran\"* means a veteran, as defined in 38 U.S.C.
101(2), with a disability that is service-connected, as defined in 38
U.S.C. 101(16).

*\"Service-disabled veteran-owned small business concern\"* means a
small business concern\--

\(1\) Not less than 51 percent of which is owned by one or more
service-disabled veterans or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one
or more service-disabled veterans; and

\(2\) The management and daily business operations of which are
controlled by one or more service-disabled veterans or, in the case of a
veteran with permanent and severe disability, the spouse or permanent
caregiver of such veteran.

*\"Small business concern\"* means a concern, including its affiliates,
that is independently owned and operated, not dominant in the field of
operation in which it is bidding on Government contracts, and qualified
as a small business under the criteria in 13 CFR Part 121 and size
standards in this solicitation.

*\"Veteran-owned small business concern\"* means a small business
concern\--

\(1\) Not less than 51 percent of which is owned by one or more veterans
(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one
or more veterans; and

\(2\) The management and daily business operations of which are
controlled by one or more veterans.

*\"Women-owned small business concern\"* means a small business
concern\--

\(1\) That is at least 51 percent owned by one or more women; or, in the
case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more women; and

\(2\) Whose management and daily business operations are controlled by
one or more women.

\(b\) *Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C.
7701).*

\(1\) All offerors must submit the information required in paragraphs
(b)(3) through (b)(5) of this provision to comply with debt collection
requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of
26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by
the Internal Revenue Service (IRS).

\(2\) The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror\'s relationships with the
Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject
to the payment reporting requirements described in FAR 4.904, the TIN
provided hereunder may be matched with IRS records to verify the
accuracy of the offeror\'s TIN.

\(3\) *Taxpayer Identification Number (TIN).*

\[ \] TIN: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\[ \] TIN has been applied for.

\[ \] TIN is not required because:

\[ \] Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the United States and does not have an
office or place of business or a fiscal paying agent in the United
States;

\[ \] Offeror is an agency or instrumentality of a foreign government;

\[ \] Offeror is an agency or instrumentality of the Federal Government.

\(4\) *Type of organization.*

\[ \] Sole proprietorship;

\[ \] Partnership;

\[ \] Corporate entity (not tax-exempt);

\[ \] Corporate entity (tax-exempt);

\[ \] Government entity (Federal, State, or local);

\[ \] Foreign government;

\[ \] International organization per 26 CFR 1.6049-4;

\[ \] Other \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\(5\) *Common parent.*

\[ \] Offeror is not owned or controlled by a common parent;

\[ \] Name and TIN of common parent:

Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

TIN \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\(c\) Offerors must complete the following representations when the
resulting contract is to be performed inside the United States, its
territories or possessions, Puerto Rico, the Trust Territory of the
Pacific Islands, or the District of Columbia. Check all that apply.

\(1\) *Small business concern.* The offeror represents as part of its
offer that it \[ \] is, \[ \] is not a small business concern.

\(2\) *Veteran-owned small business concern.* \[Complete only if the
offeror represented itself as a small business concern in paragraph
(c)(1) of this provision.\] The offeror represents as part of its offer
that it \[ \] is, \[ \] is not a veteran-owned small business concern.

\(3\) *Service-disabled veteran-owned small business concern.*
\[Complete only if the offeror represented itself as a veteran-owned
small business concern in paragraph (c)(2) of this provision.\] The
offeror represents as part of its offer that it \[ \] is, \[ \] is not a
service-disabled veteran-owned small business concern.

\(4\) *Small disadvantaged business concern.* \[Complete only if the
offeror represented itself as a small business concern in paragraph
(c)(1) of this provision.\] The offeror represents, for general
statistical purposes, that it \[ \] is, \[ \] is not a small
disadvantaged business concern as defined in 13 CFR 124.1002.

\(5\) *Women-owned small business concern.* \[Complete only if the
offeror represented itself as a small business concern in paragraph
(c)(1) of this provision.\] The offeror represents that it \[ \] is, \[
\] is not a women-owned small business concern.

\(6\) *Small Business Size for the Small Business Competitiveness
Demonstration Program and for the Targeted Industry Categories under the
Small Business Competitiveness Demonstration Program.* \[Complete only
if the offeror has represented itself to be a small business concern
under the size standards for this solicitation.\]

\(i\) \[Complete only for solicitations indicated as being set-aside for
emerging small

businesses in one of the four designated industry groups (DIGs).\] The
offeror represents as part of its offer that it \[ \] is, \[ \] is not
an emerging small business.

\(ii\) \[Complete only for solicitations indicated as being for one of
the targeted industry

categories (TICs) or four designated industry groups (DIGs).\] Offeror
represents as follows:

\(A\) Offeror\'s number of employees for the past 12 months (check the
Employees

column if size standard stated in the solicitation is expressed in terms
of number of employees); or

\(B\) Offeror\'s average annual gross revenue for the last 3 fiscal
years (check the Average Annual Gross Number of Revenues column if size
standard stated in the solicitation is expressed in terms of annual
receipts).

(Check one of the following):

  ------------------------------- ---------------------------------------
                                  AVERAGE ANNUAL GROSS

  NUMBER OF EMPLOYEES             REVENUES

  \_\_\_ 50 or fewer              \_\_\_ \$1 million or less

  \_\_\_ 51-100                   \_\_\_ \$1,000,001\--\$2 million

  \_\_\_ 101-250                  \_\_\_ \$2,000,001\--\$3.5 million

  \_\_\_ 251-500                  \_\_\_ \$3,500,001\--\$5 million

  \_\_\_ 501-750                  \_\_\_ \$5,000,001\--\$10 million

  \_\_\_ 751-1000                 \_\_\_ \$10,000,001\--\$17 million

  \_\_\_ Over 1000                \_\_\_ Over \$17 million
  ------------------------------- ---------------------------------------

\(7\) *HUBZone small business concern.* \[Complete only if the offeror
represented itself as a small business concern in paragraph (c)(1) of
this provision.\] The offeror represents as part of its offer that\--

\(i\) It \[ \] is, \[ \] is not a HUBZone small business concern listed,
on the date of this

representation, on the List of Qualified HUBZone Small Business Concerns
maintained by the Small Business Administration, and no material change
in ownership and control, principal office, or HUBZone employee
percentage has occurred since it was certified by the Small Business
Administration in accordance with 13 CFR Part 126; and

\(ii\) It \[ \] is, \[ \] is not a joint venture that complies with the
requirements of 13

CFR Part 126, and the representation in paragraph (c)(11)(i) of this
provision is accurate for the HUBZone small business concern or concerns
that are participating in the joint venture. \[The offeror shall enter
the name or names of the HUBZone small business concern or concerns that
are participating in the joint venture:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.\] Each HUBZone
small business concern participating in the joint venture shall submit a
separate signed copy of the HUBZone representation.

\(8\) \[Complete if dollar value of the resultant contract is expected
to exceed \$25,000 and the offeror has represented itself as
disadvantaged in paragraph (c)(4) of this provision.\] *\[The offeror
shall check the category in which its ownership falls\]:*

\_\_\_\_ Black American.

\_\_\_\_ Hispanic American.

\_\_\_\_ Native American (American Indians, Eskimos, Aleuts, or Native
Hawaiians).

\_\_\_\_ Asian-Pacific American (persons with origins from Burma,
Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan,
Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust
Territory of the Pacific Islands (Republic of Palau), Republic of the
Marshall Islands, Federated States of Micronesia, the Commonwealth of
the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji,
Tonga, Kiribati, Tuvalu, or Nauru).

\_\_\_\_ Subcontinent Asian (Asian-Indian) American (persons with
origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the
Maldives Islands, or Nepal).

\_\_\_\_ Individual/concern, other than one of the preceding.

\(d\) *Representations required to implement provisions of Executive
Order 11246---*

\(1\) *Previous contracts and compliance.* The offeror represents
that\--

\(i\) It \[ \] has, \[ \] has not participated in a previous contract or
subcontract subject

to the Equal Opportunity clause of this solicitation; and

\(ii\) It \[ \] has, \[ \] has not filed all required compliance
reports.

\(2\) *Affirmative Action Compliance.* The offeror represents that\--

\(i\) It \[ \] has developed and has on file, \[ \] has not developed
and does not have on file, at each establishment, affirmative action
programs required by rules and regulations of the Secretary of Labor (41
CFR Parts 60-1 and 60-2), or

\(ii\) It \[ \] has not previously had contracts subject to the written
affirmative action programs requirement of the rules and regulations of
the Secretary of Labor.

\(e\) *Buy American Act\--Balance of Payments Program Certificate.*
(Applies only if the clause at Federal Acquisition Regulation (FAR)
52.225-1, Buy American Act\--Balance of Payments Program\--Supplies, is
included in this solicitation.)

\(1\) The offeror certifies that each end product, except those listed
in paragraph (e)(2) of this provision, is a domestic end product as
defined in the clause of this solicitation entitled \"Buy American
Act\--Balance of Payments Program\--Supplies\" and that the offeror has
considered components of unknown origin to have been mined, produced, or
manufactured outside the United States. The offeror shall list as
foreign end products those end products manufactured in the United
States that do not qualify as domestic end products.

\(2\) Foreign End Products:

  ---------------------------------------- --------------------------------------------
  LINE ITEM NO.                            COUNTRY OF ORIGIN

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
  ---------------------------------------- --------------------------------------------

\[List as necessary\]

\(3\) The Government will evaluate offers in accordance with the
policies and procedures of FAR Part 25.

(f)(1) *Buy American Act\--North American Free Trade Agreement\--Israeli
Trade Act\--Balance of Payments Program Certificate.* (Applies only if
the clause at FAR 52.225-3, Buy American Act\--North American Free Trade
Agreement\--Israeli Trade Act\--Balance of Payments Program, is included
in this solicitation.)

\(i\) The offeror certifies that each end product, except those listed
in paragraph (f)(1)(ii) or (f)(1)(iii) of this provision, is a domestic
end product as defined in the clause of this solicitation entitled \"Buy
American Act\--North American Free Trade Agreement\--Israeli Trade
Act\--Balance of Payments Program\" and that the offeror has considered
components of unknown origin to have been mined, produced, or
manufactured outside the United States.

\(ii\) The offeror certifies that the following supplies are NAFTA
country end products or Israeli end products as defined in the clause of
this solicitation entitled \"Buy American Act\--North American Free
Trade Agreement\--Israeli Trade Act\--Balance of Payments Program\":

NAFTA Country or Israeli End Products:

  ---------------------------------------- --------------------------------------------
  LINE ITEM NO.                            COUNTRY OF ORIGIN

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
  ---------------------------------------- --------------------------------------------

\[List as necessary\]

\(iii\) The offeror shall list those supplies that are foreign end
products (other than those listed in paragraph (f)(1)(ii) of this
provision) as defined in the clause of this solicitation entitled \"Buy
American Act\--North American Free Trade Agreement\--Israeli Trade
Act\--Balance of Payments Program.\" The offeror shall list as other
foreign end products those end products manufactured in the United
States that do not qualify as domestic end products.

Other Foreign End Products:

  ---------------------------------------- --------------------------------------------
  LINE ITEM NO.                            COUNTRY OF ORIGIN

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
  ---------------------------------------- --------------------------------------------

\[List as necessary\]

\(iv\) The Government will evaluate offers in accordance with the
policies and procedures of FAR Part 25.

\(2\) *Buy American Act\--North American Free Trade Agreements\--Israeli
Trade Act\--Balance of Payments Program Certificate, Alternate I.* If
Alternate I to the clause at FAR 52.225-3 is included in this
solicitation, substitute the following paragraph (f)(1)(ii) for
paragraph (f)(1)(ii) of the basic provision:

(f)(1)(ii) The offeror certifies that the following supplies are
Canadian end products as defined in the clause of this solicitation
entitled \"Buy American Act\--North American Free Trade
Agreement\--Israeli Trade Act\--Balance of Payments Program\":

Canadian End Products:

Line Item No.

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(List as necessary)

\(3\) *Buy American Act\--North American Free Trade Agreements\--Israeli
Trade Act\--Balance of Payments Program Certificate, Alternate II.* If
Alternate II to the clause at FAR 52.225-3 is included in this
solicitation, substitute the following paragraph (f)(1)(ii) for
paragraph (f)(1)(ii) of the basic provision:

(f)(1)(ii) The offeror certifies that the following supplies are
Canadian end products or Israeli end products as defined in the clause
of this solicitation entitled \"Buy American Act\--North American Free
Trade Agreement\--Israeli Trade Act\--Balance of Payments Program\":

Canadian or Israeli End Products:

  ---------------------------------------- --------------------------------------------
  LINE ITEM NO.                            COUNTRY OF ORIGIN

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
  ---------------------------------------- --------------------------------------------

\[List as necessary\]

\(4\) *Trade Agreements Certificate.* (Applies only if the clause at FAR
52.225-5, Trade Agreements, is included in this solicitation.)

\(i\) The offeror certifies that each end product, except those listed
in paragraph (f)(4)(ii) of this provision, is a U.S.-made, designated
country, Caribbean Basin country, or NAFTA country end product, as
defined in the clause of this solicitation entitled \"Trade
Agreements.\"

\(ii\) The offeror shall list as other end products those end products
that are not U.S.-made, designated country, Caribbean Basin country, or
NAFTA country end products.

Other End Products:

  ---------------------------------------- --------------------------------------------
  LINE ITEM NO.                            COUNTRY OF ORIGIN

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
  ---------------------------------------- --------------------------------------------

\[List as necessary\]

\(iii\) The Government will evaluate offers in accordance with the
policies and procedures of FAR Part 25. For line items subject to the
Trade Agreements Act, the Government will evaluate offers of U.S.-made,
designated country, Caribbean Basin country, or NAFTA country end
products without regard to the restrictions of the Buy American Act or
the Balance of Payments Program. The Government will consider for award
only offers of U.S.-made, designated country, Caribbean Basin country,
or NAFTA country end products unless the Contracting Officer determines
that there are no offers for such products or that the offers for such
products are insufficient to fulfill the requirements of the
solicitation.

\(g\) *Certification Regarding Knowledge of Child Labor for Listed End
Products (Executive Order 13126).* \[The Contracting Officer must list
in paragraph (g)(1) any end products being acquired under this
solicitation that are included in the List of Products Requiring
Contractor Certification as to Forced or Indentured Child Labor, unless
excluded at FAR 22.1503(b).\]

\(1\) *Listed end products.*

  ---------------------------------------- --------------------------------------------
  Listed End Product                       Listed Countries of Origin

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
  ---------------------------------------- --------------------------------------------

\(2\) *Certification.* \[If the Contracting Officer has identified end
products and countries of origin in paragraph (g)(1) of this provision,
then the offeror must certify to either (g)(2)(i) or (g)(2)(ii) by
checking the appropriate block.\]

\[ \] (i) The offeror will not supply any end product listed in
paragraph (g)(1) of this provision that was mined, produced, or
manufactured in the corresponding country as listed for that product.

\[ \] (ii) The offeror may supply an end product listed in paragraph
(g)(1) of this provision that was mined, produced, or manufactured in
the corresponding country as listed for that product. The offeror
certifies that it has made a good faith effort to determine whether
forced or indentured child labor was used to mine, produce, or
manufacture any such end product furnished under this contract. On the
basis of those efforts, the offeror certifies that it is not aware of
any such use of child labor.

(End of provision)

**ALTERNATE I**

(JUNE 2002)

As prescribed in 1813.302-570(a)(2), add the following paragraph to the
end of the basic provision and identify appropriately:

( ) *Recovered Material Certification .* As required by the Resource
Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the
offeror certifies, that the percentage of recovered materials to be used
in the performance of the contract will be at least the amount required
by the applicable contract specifications.

## ALTERNATE II

(JUNE 2002)

As prescribed in 1813.302-570(a)(2), add the following paragraph to the
end of the basic provision and identify appropriately:

( ) *Historically Black College Or University And Minority Institution
Representation.*

\(1\) *Definitions.* As used in this provision\--

*\"Historically black college or university\"* means an institution
determined by the Secretary of Education to meet the requirements of 34
CFR 608.2. For the Department of Defense, the National Aeronautics and
Space Administration, and the Coast Guard, the term also includes any
nonprofit research institution that was an integral part of such a
college or university before November 14, 1986.

*\"Minority institution\"* means an institution of higher education
meeting the requirements of Section 1046(3) of the Higher Education Act
of 1965 (20 U.S.C. 1067k, including a Hispanic-serving institution of
higher education, as defined in Section 316(b)(1) of the Act (20 U.S.C.
1101a)).

\(2\) *Representation.* The offeror represents that it\--

\[ \] is \[ \] is not a historically black college or university;

\[ \] is \[ \] is not a minority institution.

**ALTERNATE III**

(JUNE 2002)

As prescribed in 1813.302-570(a)(2), add the following paragraph to the
end of the basic provision and identify appropriately:

( ) *Representation Of Limited Rights Data And Restricted Computer
Software.*

\(1\) This solicitation sets forth the work to be performed if a
contract award results, and the Government\'s known delivery
requirements for data (as defined in FAR 27.401). Any resulting contract
may also provide the Government the option to order additional data
under the Additional Data Requirements clause at FAR 52.227-16, if
included in the contract. Any data delivered under the resulting
contract will be subject to the Rights in Data-General clause at FAR
52.227-14 that is to be included in this contract. Under the latter
clause, a Contractor may withhold from delivery data that qualify as
limited rights data or restricted computer software, and deliver form,
fit, and function data in lieu thereof. The latter clause also may be
used with its Alternates II and/or III to obtain delivery of limited
rights data or restricted computer software, marked with limited rights
or restricted rights notices, as appropriate. In addition, use of
Alternate V with this latter clause provides the Government the right to
inspect such data at the Contractor\'s facility.

\(2\) As an aid in determining the Government\'s need to include
Alternate II or Alternate III in the clause at FAR 52.227-14, Rights in
Data-General, the offeror shall complete paragraph (3) of this provision
to either state that none of the data qualify as limited rights data or
restricted computer software, or identify, to the extent feasible, which
of the data qualifies as limited rights data or restricted computer
software. Any identification of limited rights data or restricted
computer software in the offeror\'s response is not determinative of the
status of such data should a contract be awarded to the offeror.

\(3\) The offeror has reviewed the requirements for the delivery of data
or software and states \[offeror check appropriate block\]\--

\[ \] None of the data proposed for fulfilling such requirements
qualifies as limited rights data or restricted computer software.

\[ \] Data proposed for fulfilling such requirements qualify as limited
rights data or restricted computer software and are identified as
follows:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

*Note:* \"Limited rights data\" and \"Restricted computer software\" are
defined in the contract clause entitled \"Rights in Data-General.\"

**1852.213-71 Evaluation---Other Than Commercial Items.**

As prescribed in 1813.302-570(b) insert the following provision:

**Evaluation---OTHER THAN Commercial Items**

(JUNE 2002)

\(a\) The Government will award a contract resulting from this
solicitation to the responsible offeror whose offer conforming to the
solicitation will be most advantageous to the Government, price and
other factors considered. The following factors shall be used to
evaluate offers:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[Contracting Officer shall insert the evaluation factors, such as (i)
technical capability of the item offered to meet the Government
requirement; (ii) price; (iii) past performance (see FAR 15.304).\]

\(b\) Options. The Government will evaluate offers for award purposes by
adding the total price for all options to the total price for the basic
requirement. The Government may determine that an offer is unacceptable
if the option prices are significantly unbalanced. Evaluation of options
shall not obligate the Government to exercise the option(s).

(End of provision)

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

> [\[Insert the item numbers and/or descriptions\]]{.underline}.

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)**

provisionally paid is the lesser of a percentage stipulated in the
contract (but not exceeding 80 percent) or the prior period\'s
evaluation score. For an end item contract, the total amount of
provisional payments in a period is limited to a percentage not to
exceed 80 percent of the prior interim period's evaluation score.

\(c\) *Fee Payment*. The Fee Determination Official\'s rating for both
interim and final evaluations will be provided to the contractor within
45 calendar days of the end of the period being evaluated. Any fee,
interim or final, due the contractor will be paid no later than 60
calendar days after the end of the period being evaluated.

**1816.406 Contract clauses.**

**1816.406-70 NASA contract clauses.**

\(a\) As authorized by FAR 16.406(e), the contracting officer shall
insert the clause at 1852.216-76, Award Fee for Service Contracts, in
solicitations and contracts when an award-fee contract is contemplated
and the contract deliverable is the performance of a service.

\(b\) As authorized by FAR 16.406(e), the contracting officer shall
insert the clause at 1852.216-77, Award Fee for End Item Contracts, in
solicitations and contracts when an award fee contract is contemplated
and the contract deliverables are hardware or other end items for which
total contractor performance cannot be measured until the end of the
contract. When the clause is used in a fixed-price award-fee contract,
it shall be modified by deleting references to base fee in paragraphs
(a), and by deleting paragraph (c)(1), the last sentence of (c)(4), and
the first sentence of (c)(5).

\(c\) The contracting officer may insert a clause substantially as
stated at 1852.216-83, Fixed Price Incentive, in fixed-price-incentive
solicitations and contracts utilizing firm or successive targets. For
items subject to incentive price revision, identify the target cost,
target profit, target price, and ceiling price for each item.

\(d\) The contracting officer shall insert the clause at 1852.216-84,
Estimated Cost and Incentive Fee, in cost-plus-incentive-fee
solicitations and contracts.

\(e\) The contracting officer may insert the clause at 1852.216-85,
Estimated Cost and Award Fee, in award-fee solicitations and contracts.
When the contract includes performance incentives, use Alternate I. When
the clause is used in a fixed-price award fee contract, it shall be
modified to delete references to base fee and to reflect the contract
type.

\(f\) As provided at 1816.402-270, the contracting officer shall insert
a clause substantially as stated at 1852.216-88, Performance Incentive,
when the primary deliverable(s) is (are) hardware and total estimated
cost and fee is greater than \$25 million. A clause substantially as
stated at 1852.216-88 may be included in lower dollar value hardware
contracts with the approval of the procurement officer.

**Subpart 1816.5\--Indefinite-Delivery Contracts**

**1816.504 Indefinite quantity contracts.**

(a)(4)(ii) ID/IQ service contract values and task order values shall be
expressed only in dollars.

(a)(4)(v) See 1815.7003.

**1816.505 Ordering.**

(a)(2) Task and delivery orders shall be issued by the contracting
officer.

(b)(5) The Agency and installation ombudsmen designated in accordance
with 1815.7001 shall review complaints from contractors on task order
contracts and delivery order contracts.

**1816.505-70 Task ordering.**

\(a\) The contracting officer shall, to the maximum extent possible,
state task order requirements in terms of functions and the related
performance and quality standards such that the standards may be
objectively measured.

\(b\) To the maximum extent possible, contracting officers shall solicit
contractor task plans to use as the basis for finalizing task order
requirements and enable evaluation and pricing of the contractor\'s
proposed work on a performance based approach as described in
1816.104-70(a).

\(c\) Task order contract type shall be individually determined, based
on the nature of each task order\'s requirements.

\(1\) Task orders may be grouped by contract type for administrative
convenience (e.g., all CPIF orders, all FFP orders, etc.) for contractor
progress and cost reporting.

\(2\) Under multiple awards, solicitations for individual task plans
shall request the same pricing structure from all offerors.

\(d\) Any undefinitized task order issued under paragraph (f) of the
clause at 1852.216-80, Task Ordering Procedure, shall be treated and
reported as an undefinitized contract action in accordance with 1843.70.

**1816.506-70 NASA contract clause.**

Insert the clause at 1852.216-80, Task Ordering Procedure, in
solicitations and contracts when an indefinite-delivery, task order
contract is contemplated. The clause is applicable to both fixed-price
and cost-reimbursement type contracts. If the contract does not require
533M reporting (see NPG 9501.2, NASA Contractor Financial Management
Reporting System), use the clause with its Alternate I.

**Subpart 1816.6\--Time-and-Materials, Labor-Hour, and Letter
Contracts**

**1816.603 Letter contracts.**

1816.603-2 Application.

\(a\) Centers must ensure that NASA liabilities and commitments are
minimized under letter contracts. When a letter contract is justified
and program requirements can be severed into smaller, discreet efforts,
the work authorized by the letter contract must be limited to the
minimum severable effort required to satisfy the urgent program
requirements. The remaining requirements may not be initially included
in the letter contract and must be acquired through a separate fully
priced and definitized contract action.

**1816.603-370 Approvals.**

(a)(1) The approval authority to issue a letter contract is \--

\(i\) The Assistant Administrator for Procurement when the estimated
value of the definitized contract is equal to or greater than the Master
Buy Plan (MBP) submission threshold of 1807.7101;

\(ii\) The procurement officer when the estimated value of the
definitized contract is below the MBP submission threshold; and

\(iii\) The Assistant Administrator for Procurement for any modification
of an undefinitized letter contract approved by the procurement officer
that increases the estimated value of the definitized contract to an
amount equal to or above the MBP submission threshold. This approval
must be obtained prior to issuing the modification.

\(2\) The procurement officer must sign all requests for approval by the
Assistant Administrator for Procurement and submit them to Code HS.

\(b\) All requests for authority to issue a letter contract must include
the following:

\(1\) Contractor name and address.

\(2\) Place of performance.

\(3\) Contract number, including modification number, if applicable.

\(4\) Brief description of the work or services to be performed.

\(5\) Performance period or delivery schedule for both the letter
contract and definitized contract.

\(6\) Estimated value of the work authorized by the letter contract.

\(7\) Estimated value of the definitized contract.

\(8\) Contract type of the definitized contract.

\(9\) A statement that the definitized contract will contain all
required clauses or identification of approved specific clause
deviations.

\(10\) Complete justification of the necessity for the letter contract,
including the advantages to the Government and a description of the
efforts to avoid its issuance or to minimize its scope.

\(11\) The definitization schedule described in FAR 16.603-2(c) expected
to be negotiated with the contractor.