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

National Aeronautics and

Space Administration

Washington, DC 20546

##  PN 97-98

###  May 14, 2004

## CLAUSES AUTHORIZED FOR USE IN COMMERCIAL ACQUISITIONS

***Background:*** This PN revises the NASA FAR Supplement (NFS) by
removing the NASA specific clause regarding Central Contractor
Registration (CCR) from the list of clauses authorized for use in
acquisitions of commercial items.

*ACQUISITIONS AFFECTED BY CHANGES*: None

*ACTION REQUIRED BY CONTRACTING OFFICERS:* None

***CLAUSE CHANGES:*** None

***PARTS AFFECTED:*** Changes are made in Part 1812.

*REPLACEMENT PAGES:* You may use the enclosed pages to replace Part
1812.

***TYPE OF RULE AND PUBLICATION DATE:*** This PN was published as a
final rule in the Federal Register (69 FR 26775 - 26776) on May 14,
2004.

**HEADQUARTERS CONTACT:** Celeste Dalton, Code HK, (202) 358-1645,
email: Celeste.M.Dalton@nasa.gov.

James A. Balinskas

Director, Contract Management Division

Enclosures

**DISTRIBUTION**

**PN List**

# 

PART 1812

## ACQUISITION OF COMMERCIAL ITEMS

# TABLE OF CONTENTS

**SUBPART 1812.1 ACQUISITION OF COMMERCIAL ITEMS \-- GENERAL**

1812.102 Applicability.

**SUBPART 1812.3 SOLICITATION PROVISIONS AND CONTRACT CLAUSES**

#  FOR THE ACQUISITION OF COMMERCIAL ITEMS 

1812.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.

1812.302 Tailoring of provisions and clauses for the acquisition of
commercial items.

**SUBPART 1812.4 UNIQUE REQUIREMENTS REGARDING TERMS AND CONDITIONS FOR
COMMERCIAL ITEMS**

1812.404 Warranties.

**SUBPART 1812.70 COMMERCIAL SPACE HARDWARE OR SERVICES**

1812.7000 Prohibition on guaranteed customer bases for new commercial
space hardware or services.

**PART 1812**

## ACQUISITION OF COMMERCIAL ITEMS

## Subpart 1812.1\--Acquisition of Commercial Items\--General

**1812.102 Applicability.**

\(c\) For the acquisition of commercial items of any value, the MidRange
procedures described in NFS Part 1871 may be used to the extent they are
consistent and compliant with FAR Part 12 and NFS Part 1812. Unless
specifically stated, in any conflict between these parts the descending
order of precedence is FAR Part 12, Part 1812, and Part 1871.

**Subpart** **1812.3\--Solicitation Provisions and Contract Clauses**

**for the Acquisition of Commercial Items**

**1812.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.**

(f)**(i)** The following clauses are authorized for use in acquisitions
of commercial items when required by the clause prescription:

**(A)** 1852.214-71, Grouping for Aggregate Award.

**(B)** 1852.214-72, Full Quantities.

**(C)** 1852.215-84, Ombudsman.

**(D)** 1852.219-75, Small Business Subcontracting Reporting.

**(E)** 1852.219-76, NASA 8 Percent Goal.

**(F)** 1852.223-70, Safety and Health.

**(G)** 1852.223-71, Frequency Authorization.

**(H)** 1852.223-72, Safety and Health (Short Form).

> **(I)** 1852.223-73, Safety and Health Plan.
>
> **(J)** 1852.223-75, Major Breach of Safety and Security.
>
> **(K)** 1852.228-72, Cross-Waiver of Liability for Space Shuttle
> Services.
>
> **(L)** 1852.228-76, Cross-Waiver of Liability for Space Station
> Activities.
>
> **(M)** 1852.228-78, Cross-Waiver of Liability for NASA Expendable
> Launch Vehicles.
>
> **(N)** 1852.246-72, Material Inspection and Receiving Report.

**(ii)** No other provisions and clauses prescribed in the NFS or center
documents shall be used in acquisitions of commercial items, except as
permitted by FAR 12.302.

**1812.302 Tailoring of provisions and clauses for the acquisition of
commercial items.**

\(c\) The Assistant Administrator for Procurement (Code HS) is the
approval authority for waivers. Requests shall be prepared and submitted
in accordance with 1801.471.

**Subpart** **1812.4\--Unique Requirements Regarding Terms and**

**Conditions for Commercial Items**

**1812.404 Warranties.**

\(b\) In acquisitions under the Simplified Acquisition Threshold
specified in FAR Part 13, no express warranty should be required other
than the offeror\'s commercial warranty.

**Subpart** **1812.70\--Commercial Space Hardware or Services**

**1812.7000 Prohibition on guaranteed customer bases for new commercial
space**

**hardware or services.**

Public Law 102-139, title III, Section 2459d, prohibits NASA from
awarding a contract with an expected duration of more than one year if
the primary effect of the contract is to provide a guaranteed customer
base for, or establish an anchor tenancy in, new commercial space
hardware or services. Exception to this prohibition may be authorized
only by an appropriations Act specifically providing otherwise.