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

National Aeronautics and

Space Administration

Washington, DC 20546

##  PN 04-07

###  September 6, 2005

**PACKAGING, HANDLING, AND TRANSPORTATION**

***BACKGROUND***: This PN revises the NASA FAR Supplement (NFS) to amend
the NASA FAR Supplement to delete the "alpha" and "date" associated with
NASA's Procedural Requirements (NPR) 6000.1 referenced in clause NFS
1852.211-70 entitled Packaging, Handling, and Transportation (November
2004) and in section 1811.403-70 entitled Packaging, handling, and
transportation. This change will ensure the NFS provisions will not need
to be revised every time the NPR is revised. In addition, this PN
removes the term "Elements" in the title under section 1815.370(i)(3)
which was previously deleted in PN 97-43 dated May 10, 2000, but
inadvertently added back into the NFS by PN 97-84 dated May 2, 2003, in
error.

***ACQUISITIONS AFFECTED BY CHANGES*:** All solicitations for contracts
for deliverable items, including software, designated as Class I
(mission essential), Class II (delicate or sensitive), or Class III
(requires special handling or monitoring).

***ACTION REQUIRED BY CONTRACTING OFFICERS*:** Insert the revised clause
in applicable solicitations.

***CLAUSE CHANGES*:** Clause 1852.211-70 is revised.

***PARTS AFFECTED*:** Changes are made in Parts 1811 and 1852.

***REPLACEMENT PAGES*:** You may use the enclosed pages to replace 11:1,
11:2, 15:15, 15:16, 52:9, 52:10, 52-115, and 52-116 of the NFS.

***TYPE OF RULE AND PUBLICATION DATE*:** The PN was published as a final
rule in the Federal Register (70 FR 52941) on September 6, 2005.

***HEADQUARTERS CONTACT*:** Marilyn J. Seppi, Contract Management
Division; 703-553-2551, email: marilyn.j.seppi@nasa.gov.

Jim Balinskas

Director, Contract Management Division

Enclosures

**DISTRIBUTION:**

**PN List**

PART 1811

# DESCRIBING AGENCY NEEDS

# TABLE OF CONTENTS

1811.002 Policy.

**SUBPART 1811.1 SELECTING AND DEVELOPING REQUIREMENTS**

#  DOCUMENTS

# 1811.101 Order of precedence for requirements documents. 

1811.107 Solicitation provisions.

**SUBPART 1811.4 DELIVERY OR PERFORMANCE SCHEDULES**

1811.403 Supplies or services.

1811.403-70 Packaging, handling, and transportation

1811.404 Contract clauses.

1811.404-70 NASA contract clauses.

**SUBPART 1811.5 LIQUIDATED DAMAGES**

1811.501 Policy.

**SUBPART 1811.6 PRIORITIES AND ALLOCATIONS**

1811.600 Scope of subpart.

1811.602 General.

1811.603 Procedures.

**PART 1811**

DESCRIBING AGENCY NEEDS

**1811.002 Policy.**

\(b\) Implementation of the Metric Conversion Act of 1975, as amended,
must be in accordance with NPD 8010­.2, Use of the Metric System of
Measurements in NASA Programs.

**Subpart** **1811.1\--Selecting and Developing Requirements Documents**

1811.101 Order of precedence for requirements documents.

\(a\) Safeguards to ensure safety, security, and environmental
protection must be included, as applicable, in requirements documents.

(b)(1) Requirements for the use of energy efficient motor vehicles will
be established in accordance with NPR 6200.1, "NASA Transportation and
General Traffic Management".

(b)(2) Requirements for the use of environmentally preferable products
will be established in accordance with NPR 8830.1, "Affirmative
Procurement Plan for Environmentally Preferable Products." Requirements
for the use of energy and water efficient products and the use of
renewable energy technology will be established in accordance with NPR
8570.1, "Energy Efficiency and Water Conservation Technologies and
Practices."

**1811.107 Solicitation provisions.**

\(b\) NASA uses the categorical method to report its use of voluntary
consensus standards. Therefore, use of the provisions at 52.211-7 is not
required. However, contracting officers must include in draft RFPs
(DRFPs) the information required by 1815.201(c)(6)(A).

**Subpart** **1811.4\--Delivery or Performance Schedules**

**1811.403 Supplies or services.**

(a)(3) Contract delivery or perfor­mance schedules must 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.

**1811.403-70 Packaging, handling, and transportation.**

\(a\) NPR 6000.1, \"Requirements for Packaging, Handling, and
Transportation for Aeronautical and Space Systems, Equipment, and
Associated Components\" provides guidance for shipment of certain NASA
items.

\(b\) Contracting officers, with the advice of the requiring activity
and the Center Transportation Officer, must include a designation of
each deliverable item, or groupings of deliverable items, as Class I,
II, III, or IV for the purposes of contractor compliance with the NPR.

**1811.404 Contract clauses.**

(a)(2) FAR 52.211-8, Time of Deliv­ery, Alter­nates II and III, must not
be used in NASA contracts.

\(3\) FAR 52.211-9, Desired and Re­quired Time of Delivery, Alternates II
and III, must not be used in NASA contracts.

**1811.404-70 NASA contract clauses.**

The clause at 1852.211-70, Packaging, Handling, and Transportation, must
be included in solicitations for contracts for deliverable items,
including software, designated as Class I (mission essential), Class II
(delicate or sensitive), or Class III (requires special handling or
monitoring).

## Subpart 1811.5\--Liquidated Damages

**1811.501 Policy.**

\(d\) The procurement officer must forward recom­menda­tions concerning
remission of liquidated damages to the Headquarters Office of
Procure­ment (Code HS).

**Subpart** **1811.6\--Priorities and Allocations**

1811.600 Scope of subpart.

\(iv\) The Chief Counsel and/or designee of the installation.

\(v\) The installation small business specialist.

\(vi\) The SEB recorder.

\(g\) Evaluation.

\(1\) If committees are used, the SEB Chairperson shall send them the
proposals or portions thereof to be evaluated, along with instructions
regarding the expected function of each committee, and all data
considered necessary or helpful.

\(2\) While oral reports may be given to the SEB, each committee shall
submit a written report which should include the following:

\(i\) Copies of individual worksheets and supporting comments to the
lowest level evaluated;

\(ii\) An evaluation sheet summarized for the committee as a whole; and

\(iii\) A statement for each proposal describing any strengths,
deficiencies, or significant weaknesses which significantly affected the
evaluation and stating any reservations or concerns, together with
supporting rationale, which the committee or any of its members want to
bring to the attention of the SEB.

\(3\) The SEB process must be adequately documented. Clear traceability
must exist at all levels of the SEB process. All reports submitted by
committees or panels will be retained as part of the SEB records.

\(4\) Each voting SEB member shall thoroughly review each proposal and
any committee reports and findings. The SEB shall rate or score the
proposals for each evaluation factor and subfactor according to its own
collective judgment. SEB minutes shall reflect this evaluation process.

\(h\) SEB presentation.

\(1\) The SEB Chairperson shall brief the SSA on the results of the SEB
deliberations to permit an informed and objective selection of the best
source(s) for the particular acquisition.

\(2\) The presentation shall focus on the significant strengths,
deficiencies, and significant weaknesses found in the proposals, the
probable cost of each proposal, and any significant issues and problems
identified by the SEB. This presentation must explain any applicable
special standards of responsibility; evaluation factors and subfactors;
the significant strengths and significant weaknesses of the offerors;
the Government cost estimate, if applicable; the offerors\' proposed
cost/price; the probable cost; the proposed fee arrangements; and the
final adjectival ratings and scores to the subfactor level.

\(3\) Attendance at the presentation is restricted to people involved in
the selection process or who have a valid need to know. The designated
individuals attending the SEB presentation(s) shall:

\(i\) Ensure that the solicitation and evaluation processes complied
with all applicable agency policies and that the presentation accurately
conveys the SEB's activities and findings;

\(ii\) Not change the established evaluation factors, subfactors,
weights, or scoring systems; or the substance of the SEB\'s findings.
They may, however, advise the SEB to rectify procedural omissions,
irregularities or inconsistencies, substantiate its findings, or revise
the presentation.

\(4\) The SEB recorder will coordinate the formal presentation including
arranging the time and place of the presentation, assuring proper
attendance, and distributing presentation material.

\(5\) For Headquarters selections, the Headquarters Office of
Procurement (Code HS) will coordinate the presentation, including
approval of attendees. When the Administrator is the SSA, a preliminary
presentation should be made to the head of the contracting activity and
to the Official-in-Charge of the cognizant Headquarters Program Office.

\(i\) Recommended SEB presentation format.

\(1\) [Identification of the Acquisition]{.underline}. Identifies the
installation, the nature of the services or hardware to be acquired,
some quantitative measure including the Government cost estimate for the
acquisition, and the planned contractual arrangement. Avoids detailed
objectives of the acquisition.

\(2\) [Background.]{.underline} Identifies any earlier phases of a
phased acquisition or, as in the case of continuing support services,
identifies the incumbent and any consolidations or proposed changes from
the existing structure.

\(3\) [Evaluation Factors and Subfactors.]{.underline} Explains the
evaluation factors, subfactor, and any special standards of
responsibility. Lists the relative order of importance of the evaluation
factors and the numerical weights of the Mission Suitability subfactors.
Presents the adjectival scoring system used in the Mission Suitability
and Past Performance evaluations.

\(4\) [Sources.]{.underline} Indicates the number of offerors solicited
and the number of offerors expressing interest (e.g., attendance at a
preproposal conference). Identifies the offerors submitting proposals,
indicating any small businesses, small disadvantaged businesses, and
women-owned businesses.

\(5\) [Summary of Findings]{.underline}. Lists the initial and final
Mission Suitability ratings and scores, the offerors\' proposed
costs/prices, and any assessment of the probable costs. Introduces any
clear discriminator, problem, or issue which could affect the selection.
Addresses any competitive range determination.

\(6\) [Significant Strengths, Deficiencies, and Significant Weaknesses
of Offerors]{.underline}*.* Summarizes the SEB\'s findings, using the
following guidelines:

\(i\) Present only the significant strengths, deficiencies, and
significant weaknesses of individual offerors.

\(ii\) Directly relate the significant strengths, deficiencies, and
significant weaknesses to the evaluation factors, and subfactors.

\(iii\) Indicate the results and impact, if any, of discussions and FPRs
on ratings and scores.

\(7\) [Final Mission Suitability Ratings and Scores]{.underline}.
Summarizes the evaluation subfactors, the maximum points achievable, and
the scores of the offerors in the competitive range.

\(8\) [Final Cost/Price Evaluation.]{.underline} Summarizes proposed
costs/prices and any probable costs associated with each offeror
including proposed fee arrangements. Presents the data as accurately as
possible, showing SEB adjustments to achieve comparability. Identifies
the SEB\'s confidence in the probable costs of the individual offerors,
noting the reasons for low or high confidence.

\(9\) [Past Performance]{.underline}. Reflects the summary conclusions,
supported by specific case data.

\(10\) [Special Interest.]{.underline} Includes only information of
special interest to the SSA that has not been discussed elsewhere, e.g.,
procedural errors or other matters that could affect the selection
decision.

\(j\) A source selection statement shall be prepared in accordance with
1815.308. For installation selections, the installation Chief Counsel or
designee will prepare the source selection statement. For Headquarters
selections, the Office of General Counsel or designee will prepare the
statement.

\(e\) Costs associated with printing, duplicating, or copying in excess
of the limits in paragraph (c) of this clause are unallowable without
prior written approval of the Contracting Officer. If the Contractor has
reason to believe that any activity required in fulfillment of the
contract will necessitate any printing or substantial duplicating or
copying, it immediately shall provide written notice to the Contracting
Officer and request approval prior to proceeding with the activity.
Requests will be processed by the Contracting Officer in accordance with
the provisions of the Government Printing and Binding Regulations, NFS
1808.802, and NPR 1490.5, NASA Procedural Requirements for Printing,
Duplicating, and Copying Management.

\(f\) The Contractor shall include in each subcontract which may involve
a requirement for any printing, duplicating, and copying in excess of
the limits specified in paragraph (c) of this clause, a provision
substantially the same as this clause, including this paragraph (f).

**(End of clause)**

**1852.209-70 Product Removal from Qualified Products List.**

As prescribed in 1809.206-71, insert the following clause:

**PRODUCT REMOVAL FROM QUALIFIED PRODUCTS LIST**

**(DECEMBER 1988)**

If, during the performance of this contract, the product being furnished
is removed from the Qualified Products List for any reason, the
Government may terminate the contract for Default pursuant to the
default clause of the contract.

**(End of clause)**

**1852.209-71 Limitation of Future Contracting.**

As prescribed in 1809.507-2, the contracting officer may insert a clause
substantially as follows in solicitations and contracts, in compliance
with FAR 9.507-2:

**LIMITATION OF FUTURE CONTRACTING**

**(DECEMBER 1988)**

\(a\) The Contracting Officer has determined that this acquisition may
give rise to a potential organizational conflict of interest.
Accordingly, the attention of prospective offerors is invited to FAR
Subpart 9.5\--Organizational Conflicts of Interest.

\(b\) The nature of this conflict is \[describe the conflict\].

\(c\) The restrictions upon future contracting are as follows:

\(1\) If the Contractor, under the terms of this contract, or through
the performance of tasks pursuant to this contract, is required to
develop specifications or statements of work that are to be incorporated
into a solicitation, the Contractor shall be ineligible to perform the
work described in that solicitation as a prime or first-tier
subcontractor under an ensuing NASA contract. This restriction shall
remain in effect for a reasonable time, as agreed to by the Contracting
Officer and the Contractor, sufficient to avoid unfair competitive
advantage or potential bias (this time shall in no case be less than the
duration of the initial production contract). NASA shall not
unilaterally require the Contractor to prepare such specifications or
statements of work under this contract.

\(2\) To the extent that the work under this contract requires access to
proprietary, business confidential, or financial data of other
companies, and as long as these data remain proprietary or confidential,
the Contractor shall protect these data from unauthorized use and
disclosure and agrees not to use them to compete with those other
companies.

**(End of clause)**

**1852.209-72 Composition of the Contractor.**

As prescribed in 1809.670, insert the following clause:

**COMPOSITION OF THE CONTRACTOR**

**(DECEMBER 1988)**

If the Contractor is comprised of more than one legal entity, each
entity shall be jointly and severally liable under this contract.

**(End of clause)**

**1852.211-70 Packaging, Handling, and Transportation**

As prescribed in 1811.404-70, insert the following clause:

**PACKAGING, HANDLING, AND TRANSPORTATION**

**(SEPTEMBER 2005)**

\(a\) The Contractor shall comply with NASA Procedural Requirements
(NPR) 6000.1, \"Requirements for Packaging, Handling, and Transportation
for Aeronautical and Space Systems, Equipment, and Associated
Components\", as may be supplemented by the statement of work or
specifications of this contract, for all items designated as Class I,
II, or III.

\(b\) The Contractor\'s packaging, handling, and transportation
procedures may be used, in whole or in part, subject to the written
approval of the Contracting Officer, provided (1) the Contractor\'s
procedures are not in conflict with any requirements of this contract,
and (2) the requirements of this contract shall take precedence in the
event of any conflict with the Contractor\'s procedures.

\(c\) The Contractor must place the requirements of this clause in all
subcontracts for items that will become components of deliverable Class
I, II, or III items.

**(End of clause)**