PART 1801

**FEDERAL ACQUISITION REGULATIONS SYSTEM**

**TABLE OF CONTENTS**

[**1801.000**](#ole_link1) Scope of part.

**SUBPART [1801.1](#OLE_LINK2) PURPOSE, AUTHORITY, ISSUANCE**

1801.103 Authority.

1801.104 Applicability.

1801.105 Issuance.

1801.105-1 Publication and code arrangement.

1801.105-2 Arrangement of regulations.

1801.106 OMB approval under the Paperwork Reduction Act.

**SUBPART [1801.2](#OLE_LINK3) ADMINISTRATION**

1801.270 Amendment of the NFS.

1801.271 NASA procedures for FAR and NFS changes.

1801.272 Procurement Information Circulars.

**SUBPART [1801.3](#OLE_LINK4) AGENCY ACQUISITION REGULATIONS**

1801.301 Policy.

1801.303 Publication and codification.

**SUBPART [1801.4](#OLE_LINK5) DEVIATIONS FROM THE FAR**

1801.400 Scope of subpart.

1801.471 Procedure for requesting deviations.

**SUBPART [1801.6](#OLE_LINK6) CAREER DEVELOPMENT, CONTRACTING
AUTHORITY, AND RESPONSIBILITIES**

1801.601 General.

1801.602-3 Ratification of unauthorized commitments.

1801.603 Selection, appointment, and termination of appointment.

1801.603-2 Selection.

1801.670 Delegations to contracting officer\'s technical representatives

(COTRs).

**SUBPART [1801.7](#OLE_LINK7) DETERMINATIONS AND FINDINGS**

1801.707 Signatory authority.

1801.770 Legal review.

**PART 1801**

**FEDERAL ACQUISITION REGULATIONS SYSTEM**

[]{#ole_link1 .anchor}**1801.000 Scope of part.**

This part sets forth general informa­tion about the National Aeronautics
and Space Administration (NASA) Federal Acquisition Regulation (FAR)
Supplement, also referred to as the NFS.

**Subpart** []{#OLE_LINK2 .anchor}**1801.1\--Purpose, Authority,
Issu­ance**

**1801.103 Authority.**

\(a\) Under the following authorities, the Ad­minis­tra­tor has delegated
to the Assistant Administrator for Procurement authori­ty to prepare,
issue, and main­tain the NFS:

**(i)** The [**National Aeronautics and Space Act of
1958**](http://www.hq.nasa.gov/office/pao/History/amendact.html) (Pub.
L. 85-568;

42 U.S.C. 2451 et seq.).

**(ii)** 10 U.S.C. chapter 137.

**(iii)** Other statutory authority.

**(iv)** **[FAR subpart
1.3](http://acquisition.gov/far/current/html/Subpart 1_3.html#wp1050292).**

**1801.104 Applicability.**

The NFS ap­plies to all acquisitions as defined in [**FAR Part
2**](http://acquisition.gov/far/current/html/Subpart 2_1.html#wp1145501)
ex­cept those express­ly excluded by the FAR or this regulation.

**1801.105 Issuance.**

**1801.105-1 Publication and code arrange­ment.**

(b)(i) The NFS is an integrated document that contains both acquisition
regulations that require public comment and internal Agency guidance and
procedures that do not require public comment. NASA personnel must
comply with all regulatory and internal guidance and procedures
contained in the NFS.

\(ii\) NFS regulations that require public comment are issued as Chapter
18 of Title 48, CFR.

\(iii\) The single official NASA-maintained version of the NFS is on the
Internet (http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm).

**1801.105-2** **Arrangement of regulations.**

(b)(1)**(A)** Numbering of NFS text imple­menting the FAR shall be the
same as that of the related FAR text, except when the NFS coverage
exceeds one para­graph. In such case the NFS text is num­bered by skipping
a unit in the [**FAR
1.105-2(b)(2**](http://acquisition.gov/far/current/html/Subpart 1_1.html#wp1130857))
pre­scribed numbering sequence. For exam­ple, two paragraphs implementing
FAR 1.105-2(b)(1) are numbered 1801.105-2(b)(1)(A) and (B), rather than
(1)(i) and (ii). Further subdivision of the NFS imple­menting paragraphs
would follow the pre­scribed sequence in FAR 1.105(b)(2).

**(B)** NFS text that supplements the FAR part is num­bered the same as
its FAR counterpart with the addi­tion of a number 70 and up. For
example, NFS supple­ment of FAR subsection 1.105-3 is numbered
1801.105-370. Sup­plemental text ex­ceeding one para­graph is numbered
using the FAR 1.105-2(b)(2) prescribed numbering sequence with­out
skipping a unit.

\(2\) Subdivision numbering below the fourth level repeats the numbering
sequence using itali­cized letters and numbers.

**1801.106 OMB approval under the Paper­work Reduction Act.**

**(1)** *NFS requirements.* The following OMB control numbers apply:

  ---------------------------------- ------------------------------------
  **NFS Segment**                    **OMB Control Number**

  1804.470                           2700-0098

  1804.74                            2700-0097

  1819                               2700-0073

  1819.72                            2700-0078

  1823.271                           2700-0106

  1827                               2700-0052

  1831                               2700-0080

  1843                               2700-0054

  1843.71                            2700-0094

  NF 533                             2700-0003

  NF 1018                            2700-0017
  ---------------------------------- ------------------------------------

**(2)** *Solicitations and contracts.* Various require­ments in a
solicitation or contract, generally in the statement of work, are not
tied to specific para­graphs cleared in para­graph (1) of this section,
yet require infor­mation collection or recordkeeping. The following OMB
control numbers ap­ply to these requirements: 2700-0086 (acquisitions up
to \$25,000), 2700-0087 (solicitations that may result in bids or
proposals not exceed­ing \$500,000), 2700-0085 (solicita­tions that may
result in bids or propos­als exceeding \$500,000), 2700-0088 (con­tracts
not exceed­ing \$500,000), and 2700-0089 (contracts exceed­ing \$500,00­0).

**Subpart** []{#OLE_LINK3 .anchor}**1801.2\--Administration**

**1801.270 Amendment of the NFS.**

\(a\) The NFS is amended by publishing changes in the Federal Register.
These changes are then incorporated into the NASA-maintained Internet
version of the NFS through

[**Procure­ment
Notices**](http://www.hq.nasa.gov/office/procurement/regs/pn.html)
(PNs). PNs are numbered consecu­tively, prefixed by the last two digits
of the calendar year of issuance of the current edition of the NFS.

\(b\) Compliance with a revision to the NFS shall be in accor­dance with
the PN containing the revision. Unless otherwise stated, solicita­tions
that have been issued, and bilateral agree­ments for which negotiations
have been completed, before the receipt of new or revised contract
clauses need not be amend­ed to include the new or revised clauses if
including them would unduly delay the acquisition.

**1801.271 NASA procedures for FAR and NFS changes.**

\(a\) Informal suggestions for improving the NFS, includ­ing correction
of errors, should be directed to the Headquarters Office of Procurement
(Code HK).

(b)(1) Formal requests for changes to the FAR or the NFS should be
written and contain (i) a descrip­tion of the problem the suggested
revision is de­signed to cure, (ii) the revision in the form of a
marked-up copy of the current FAR or NFS lan­guage or the text of any
additional language, (iii) the consequences of making no change and the
benefits to be expected from a change, and (iv) any other information
necessary for understanding the situa­tion, such as relationship between
FAR and NFS cover­age, legal opinions, coordination with other offices,
and existing agreements.

\(2\) Formal requests for FAR and NFS changes should be sent to Code HK.
Re­quests from Headquar­ters offices should originate at the division
level or higher, while installation requests should be signed at the
procurement officer or higher level.

**1801.272 Procurement Information Circulars.**

\(a\) The Procurement Information Cir­cu­lar (PIC) is used for internal
dissemina­tion of procurement-related direc­tives not suitable for
inclusion in the NFS. Code HK is responsible for issuing PICs.

\(b\) PICs are numbered on a calendar year basis, beginning with number
1, pre­fixed by the last two digits of the year.

**Subpart** []{#OLE_LINK4 .anchor}**1801.3\--Agency Acquisi­tion
Regu­lations**

1801.301 Policy.

(a)(2) Heads of NASA field installations may pre­scribe policies and
procedures that do not have a signifi­cant effect beyond the internal
operating proce­dures of their installations. All other poli­cies,
proce­dures, and solicitation and contract provi­sions and clauses must be
for­warded to the Head­quar­ters Office of Procurement (Code HK) for
approval in accor­dance with 1801.271(b).

(b)**(i)** 41 U.S.C. 418b requires publica­tion of NFS changes for public
comment where there will be a significant effect beyond the internal
oper­ating procedures of the agency or a signifi­cant cost or
adminis­trative impact on con­tractors or offerors. Howev­er, it does not
define \"sig­nifi­cant effect beyond the internal operat­ing proce­dures\"
or \"signifi­cant cost or ad­minis­trative im­pact.\" Exam­ples of policies
or procedures that fall in either of these cate­gories are:

**(A)** A contract clause requiring con­trac­tors to take precautions to
avoid injury to Flori­da mana­tees, which have been desig­nated as an
endangered species, has a sig­nificant cost impact for contractors who
must obtain protective devices for boat propel­lers and take other safety
actions.

**(B)** A contract clause requiring con­trac­tors to follow the
Government\'s holiday sched­ule, thereby disallowing premium pay for work
on contractor-designated holidays, will have an effect outside the
internal operating procedures of the agency.

**(C)** A contract clause requiring con­trac­tors to segregate costs by
appropriations will affect the contractor\'s internal accounting system
and have a significant impact.

**(D)** Requiring contractor compliance with NASA\'s Space
Transportation System Per­sonnel Reliability Program will have an effect
outside the internal operating proce­dures of the agency.

**(ii)** In contrast, the following would not have to be publicized for
public comment:

**(A)** Security procedures for identify­ing and badging contractor
personnel to obtain access at a NASA installation.

**(B)** A one-time requirement in a con­struc­tion contract for the
contractor to develop a place­ment plan and for inspection prior to any
concrete being placed. (This is part of the specification or state­ment
of work.)

**(C)** A policy that requires the NASA instal­lation to maintain copies
of unsuccess­ful offers.

**1801.303 Publication and codification.**

\(a\) Part, subpart, and section numbers 70 through 89 are reserved for
NFS supplemen­tary material for which there is no FAR counterpart.

**Subpart** []{#OLE_LINK5 .anchor}**1801.4\--Deviations from the FAR**

**1801.400 Scope of subpart.**

This subpart prescribes the policies and procedures for authorizing
deviations from the FAR and the NFS.

**1801.471 Procedure for requesting devia­tions.**

\(a\) Requests for authority to deviate from the FAR or the NFS shall be
sub­mitted by the Procurement Officer to the Headquar­ters Office of
Procurement (Code HS).

\(b\) Each request for a deviation shall contain, as a minimum \--

\(1\) Identification of the FAR or the NFS re­quirement from which a
devia­tion is sought;

\(2\) A full description of the deviation, the cir­cum­stances in which it
will be used, and the specific contract action(s) to which it applies;

\(3\) A description of its intended effect;

\(4\) A statement as to whether the devia­tion has been requested
previously and, if so, the circum­stances of the previous re­quest;

\(5\) Identification of the contrac­tor(s) and the con­tract(s) affected,
includ­ing dollar val­ue(s);

\(6\) Detailed reasons supporting the re­quest, including any pertinent
back­ground information; and

\(7\) A copy of counsel\'s concurrence or com­ments.

\(c\) In addition to the information required by 1801.471(b), requests
for individual devi­a­tions from FAR cost prin­ciples under [**FAR
31.101**](#wp1089550) should include a copy of the contractor\'s request
for cost allowance.

**Subpart** []{#OLE_LINK6 .anchor}**1801.6\--Career Development,
Contracting Authority, and Responsibili­ties**

**1801.601 General.**

The authority to contract for authorized supplies and services is
delegat­ed to the Assistant Administrator for Procurement and
installation officials by **[NPD
5101.32](http://nodis.hq.nasa.gov/Library/Directives/NASA-WIDE/Policies/Procurement_Small_Bus_Ind_Rels/N_PD_5101_32A.html).**

**1801.602-3 Ratification of unauthorized commit­ments.**

\(b\) *Policy*. Individuals making unautho­rized commitments may be
subject to disci­plinary action, and the issue may be re­ferred to the
Office of Inspector General.

\(c\) (7) The authority in [**FAR
1.602-3**](http://acquisition.gov/far/current/html/Subpart 1_6.html#wp1050942)
may be exercised only when ‑‑

**(A)** The Government employee who made the unauthorized commitment, or
his/her supervisor, if appropriate, initiates a pro­curement request in
accordance with
[**1804.7301**](http://www.hq.nasa.gov/office/procurement/regs/1804.htm#P477_36073).

**(B)** The procurement request and/or ac­compa­nying documentation
iden­tifies the individual who made the unautho­rized commitment, and
includes a statement signed by the individual that explains why normal
acquisition procedures were not fol­lowed, explains why the firm was
select­ed, lists other sources considered, describes the work, and
esti­mates or states the

agreed price. If the Govern­ment representative who made the unautho­rized
commit­ment is no longer available, appropriate program personnel shall
provide the information described in this paragraph.

**(C)** The procurement request is submit­ted through the director of the
cogni­zant pro­gram office at the contracting activity, or compara­ble
official. In the procurement request, the director shall describe
measures taken to prevent the recur­rence of the unauthorized commit­ment.

**1801.603 Selection, appointment, and termi­nation of appointment.**

**1801.603-2 Selection.**

Normally, only GS-1102 and -1105 personnel with the proper training and
experi­ence may be appointed contracting officers and only when a valid
organizational need can be demonstrated.

**1801.670 Delegations to contracting officer\'s techni­cal
representatives (COTRs).**

A COTR delegation may be made only by the con­tracting officer cognizant
of that con­tract at the time the delegation is made. If the cognizant
contracting officer is absent, the delegation letter may be signed by a
war­ranted contracting officer at any level above the cognizant
contracting offi­cer. An individual COTR may have only the duties
specifically identi­fied in a writ­ten delegation to him or her by name
(i.e., COTR duties may not be delegated to a posi­tion) and has no
authority to exceed them. COTRs should be informed that they may be
personally liable for unauthorized commit­ments. Contracting officer
authori­ty to sign or authorize contractual instru­ments shall not be
dele­gated through a COTR designation or by any means other than a
contracting officer warrant.

**Sub­part** []{#OLE_LINK7 .anchor}**1801.7\--Determinations and
Find­ings**

**1801.707 Signatory authority.**

Signatory authority for determinations and findings (D&Fs) is specified
in the FAR or the NFS text for the associat­ed subject matter. The
Administrator may make any of the D&Fs that may be made by the Assistant
Administrator for Procurement or by a contracting officer.

**1801.770 Legal review.**

Each D&F, including class D&Fs, shall be reviewed by counsel for form
and legality before signa­ture by the approving authority.