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

National Aeronautics and

Space Administration

Washington, DC 20546

##  PN 97-85

###  July 22, 2003

# GOVERNMENT-OWNED CONTRACTOR-OPERATED VEHICLE FLEET MANAGEMENT AND REPORTING

***BACKGROUND:*** In Executive Order 13149, "Greening the Government
through Federal Fleet and Transportation Efficiency", section 505
requires Federal agencies to ensure that all Government-owned
contractor-operated vehicles comply with all applicable goals and other
requirements of the order. Section 302(c) requires agencies to collect
data and report on performance in meeting the goals of the order, in
accordance with requirements and guidance from the Department of Energy.
In July 2000, the Department of Energy prepared the Guidance Document
for Federal Agencies, as required by Executive Order 13149. Section 2-3
requires agencies to report data on Government owned motor vehicle
usage, using DOE's Federal Automotive Statistical Tool (FAST). FAST is
accessed through http://fastweb.inel.gov/. Information required for FAST
reporting must be obtained from contractors who have been authorized to
obtain vehicles and related services pursuant to FAR paragraph
11.101(b)(1) and the new NFS 1811.101(b)(1) added under this interim
rule.

***ACQUISITIONS AFFECTED BY CHANGES:*** Contracts entailing operation of
Government-owned vehicles.

***ACTION REQUIRED BY CONTRACTING OFFICERS:*** Insert the clause at
1852.223-76, Federal Automotive Statistical Tool Reporting, in
solicitations and contracts requiring contractor operation of
Government-owned or --leased motor vehicles, including, but not limited
to, interagency fleet management system (IFMS) vehicles authorized in
accordance with FAR 51.2.

***CLAUSE CHANGES:*** Clause 1852.223-76, Federal Automotive Statistical
Tool Reporting, is added.

***PARTS AFFECTED:*** Changes are made in Parts 1801, 1811, 1823, 1851,
and 1852.

***REPLACEMENT PAGES:*** You may use the enclosed pages to replace 1:3,
1:4, 1:5, 1:6, Part 1811, Part 1823, Part 1851, 52:1, 52:2, 52:3, 52:4,
52:30.3, 52:30.4, 52:30.5, 52-93, and 52-94 of the NFS.

***TYPE OF RULE AND PUBLICATION DATE:*** The PN was published as an
interim rule in the Federal Register (68 FR 43333 - 43334) on July 22,
2003.

***HEADQUARTERS CONTACT:*** Patrick Flynn, Code HK, (202) 358-0460,
email: Patrick.Flynn@nasa.gov.

James A. Balinskas

Director, Contract Management Division

Enclosures

  ---------------------------------- ------------------------------------
  **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** **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 (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 information and 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** **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 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
should include a copy of the contractor\'s request for cost allowance.

**Subpart** **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.

**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 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.

**(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** **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.

PART 1811

# DESCRIBING AGENCY NEEDS

# TABLE OF CONTENTS

1811.002 Policy.

SUBPART 1811.1 SELECTING AND DEVELOPING REQUIREMENT

**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**

1811.602 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 8010­.2B, 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 NPG 6200.1, "NASA Transportation and
General Traffic Management".

(b)(2) Requirements for the use of environmentally preferable products
will be established in accordance with NPG 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 NPG
8570.1, "Energy 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.**

\(a\) NPG 6000.1E, \"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 NPG.

**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**

**1811.602  General.**

\(c\) The Department of Defense is the \"Dele­gate Agency\" for NASA. The
Headquarters Office of Procurement (Code HK) must coordi­nate with DOD,
as necessary, to ensure that any DOD require­ments are met.

1811.603 Procedures.

(e)**(i)** Rated orders may be used by NASA only as provided in Section
700.17 of the DPAS (15 CFR 700.17) and subject to the limitations
provided in Section 700.18 of the DPAS (15 CFR 700.18). Priority ratings
are assigned on individual contracts and purchase orders by the
contracting officer.

**(ii)** NASA rated orders may only be assigned a DO rating, unless NASA
has obtained a DX rating from the Department of Defense.

**(iii)** The following program identification symbols may be used on
NASA rated con­tracts and purchase orders for equipment and services that
support authorized programs (see Schedule I of the DPAS):

A1 - Aircraft

A2 - Missiles

A3 - Ships

A5 - Weapons

A6 - Ammunition

A7 - Electronic and Communi­cations Equipment

B1 - Military Building Sup­plies

B8 - Production Equipment (For Contractor\'s Account)

B9 - Production Equipment (Government-Owned)

C2 - Construction

C3 - Maintenance, Repair, and Operating Supplies for Facili­ties

C9 - Miscellaneous/Other

\(g\) Installation requests for as­sistance shall be directed to the
Headquarters Office of Procurement (Code HK).

PART 1823\
ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES,
OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

**TABLE OF CONTENTS**

## 

## SUBPART 1823.2 ENERGY AND WATER EFFICIENT AND

##  RENEWABLE ENERGY

1823.203 Energy-efficient products.

1823.270 Federal fleet and transportation efficiency.

1823.271 NASA Solicitation provision and contract clause.

**SUBPART 1823.3** **HAZARDOUS MATERIAL IDENTIFICATION AND**\
**                                          MATERIAL SAFETY DATA**\
1823.370                Acquisition of potentially hazardous items from
or through\
                                          another Government agency.

## SUBPART 1823.4 USE OF RECOVERED MATERIALS

1823.404 Agency affirmative procurement programs.

**SUBPART 1823.5  DRUG-FREE WORKPLACE**\
1823.570 Drug-and alcohol-free workforce.\
1823.570-1             Scope.\
1823.570-2             Definitions.\
1823.570-3             Contract clause.\
1823.570-4             Suspension of payments, termination of contract,
and\
                                          debarment and suspension
actions.

## SUBPART 1823.7 CONTRACTING FOR ENVIRONMENTALLY

##  PREFERABLE PRODUCTS AND SERVICES 

1823.703 Policy.

**SUBPART 1823.70   SAFETY AND HEALTH**\
1823.7001 NASA solicitation provisions and contract clauses.

**SUBPART 1823.71  FREQUENCY AUTHORIZATION**\
1823.7101              Contract clause.\
1823.7102              Procedures.

PART 1823\
ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES,
OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

## Subpart 1823.2\--Energy and Water Efficiency and Renewable Energy

1823.203 Energy-efficient products.

Responsibility, policy and procedures for NASA's implementation of FAR
23.203, including cost-effectiveness, are described in NPG 8570.1,
"Energy Efficiency and Water Conservation Technologies and Practices."

1823.270 Federal fleet and transportation efficiency.

Responsibility, policy and procedures for NASA's implementation of
Executive Order 13149, "Greening the Government through Federal Fleet
and Transportation Efficiency", including cost-effectiveness, are
described in NPG 6200.1, "NASA Transportation and General Traffic
Management."

1823.271 NASA Solicitation provision and contract clause.

Insert the clause at 1852.223-76, Federal Automotive Statistical Tool
Reporting, in solicitations and contracts requiring contractor operation
of Government-owned or --leased motor vehicles, including, but not
limited to, interagency fleet management system (IFMS) vehicles
authorized in accordance with FAR 51.2.

Subpart 1823.3\--Hazardous Material Identification\
and Material Safety Data

**1823.370**  **Acquisition of** **potentially** **hazardous** **items**
**from or through another** **Government** **agency.**\
When acquiring supplies or services from or through another Government
agency (e.g., see FAR Part 8 and FAR Subpart 17.5), NASA shall request
that agency to furnish NASA the data required by FAR Subpart 23.3.

## Subpart 1823.4\--Use of Recovered Materials

1823.404 Agency affirmative procurement programs.

NASA's affirmative procurement program is described in the Affirmative
Procurement Plan for Environmentally Preferable Products (NPG 8830.1).

**Subpart ****1823.5\--Drug-Free Workplace**

**1823.570  Drug-and alcohol-free workforce.**

**1823.570-1  Scope.**\
Sections 1823.570 to 1823.570-4 set forth NASA requirements for
mandatory drug and alcohol testing of certain contractor personnel under
section 203, National Aeronautics and Space Act of 1958, as amended, 42
U.S.C. 2473, 72 Stat. 429; and Civil Space Employee Testing Act of 1991,
Public Law 102-195, sec. 21, 105 Stat. 1616 to 1619.

**1823.570-2  Definitions.**\
As used in this subpart **employee** and **controlled substance** are as
defined in FAR 23.503. The use of a controlled substance in accordance
with the terms of a valid prescription, or other uses authorized by law
shall not be subject to the requirements of 1823.570 to 1823.570-4 and
the clause at 1852.223-74.\
**  \"Employee in a sensitive position\"** means a contractor or
subcontractor employee who has been granted access to classified
information; a contractor or subcontractor employee in other positions
that the contractor or subcontractor determines could reasonably be
expected to affect safety, security, National security, or functions
other than the foregoing requiring a high degree of trust and
confidence; and includes any employee performing in a position
designated \"mission critical\" pursuant to the clause at 1852.246-70.
The term also includes any applicant who is interviewed for a position
described in this paragraph.\
**  \"Use, in violation of applicable law or Federal regulation, of
alcohol\"** includes having, while on duty or during a preemployment
interview, an alcohol concentration of 0.04 percent by weight or more in
the blood, as measured by chemical test of the individual\'s breath or
blood. An individual\'s refusal to submit to such test is presumptive
evidence of use, in violation of applicable law or Federal regulation,
of alcohol.

**1823.570-3  Contract clause.**\
  The contracting officer shall insert the clause at 1852.223-74,
\"Drug- and Alcohol-Free Workforce,\" in all solicitations and contracts
containing the clause at 1852.246-70, \"Mission Critical Space Systems
Personnel Reliability Program,\" and in other solicitations and
contracts exceeding \$5 million in which work is performed by an
employee in a sensitive position. However, the contracting officer shall
not insert the clause at 1852.223-74 in solicitations and contracts for
commercial items (see FAR Parts 2 and 12).

**1823.570-4  Suspension of payments, termination of contract, and
debarment** **and suspension actions.**\
The contracting officer shall comply with the procedures of FAR 23.506
regarding the suspension of contract payments, the termination of the
contract for default, and debarment and suspension of a contractor
relative to failure to comply with the clause at 1852.223-74. Causes for
suspension of contract payments, termination of the contract for
default, and debarment and suspension of the contractor are the
following:

(a) The contractor fails to comply with paragraph (b), (c), or (d) of
the clause at 1852.223-74; or\
  (b) Such a number of contractor employees in sensitive positions
having been convicted of violations of criminal drug statutes or
substantial evidence of drug or alcohol abuse or misuse occurring in the
workplace, as to indicate that the contractor has failed to make a good
faith effort to provide a drug- and alcohol-free workforce.

## Subpart 1823.7\--Contracting for Environmentally Preferable Products and Services

1823.703 Policy.

Responsibility, policy and procedures for NASA's implementation of FAR
23.703 is described in NPG 8570.1, "Energy Efficiency and Water
Conservation Technologies and Practices".

**Subpart ****1823.70\--Safety and Health**

**1823.7001  NASA solicitation provisions and contract clauses.**\
(a) The clause at 1852.223-70, Safety and Health, shall be included in
all solicitations and contracts when one or more of the following
conditions exist:

\(1\) The work will be conducted completely or partly on premises owned
or controlled by the Government.

\(2\) The work includes construction, alteration, or repair of
facilities in excess of the simplified acquisition threshold.

\(3\) The work, regardless of place of performance, involves hazards
that could endanger the public, astronauts and pilots, the NASA
workforce (including contractor employees working on NASA contracts), or
high value equipment or property, and the hazards are not adequately
addressed by Occupational Safety and Health Administration (OSHA) or
Department of Transportation (DOT) regulations (if applicable).

\(4\) When the assessed risk and consequences of a failure to properly
manage and control the hazard(s) warrants use of the clause.

\(b\) The clause prescribed in paragraph (a) of this section may be
excluded, regardless of place of performance, when the contracting
officer, with the approval of the installation official(s) responsible
for matters of safety and occupational health, determines that the
application of OSHA and DOT regulations constitutes adequate safety and
occupational health protection.

\(c\) The contracting officer shall insert the provision at 1852.223-73,
Safety and Health Plan, in solicitations containing the clause at
1852.223-70. This provision may be modified to identify specific
information that is to be included in the plan. After receiving the
concurrence of the center safety and occupational health official(s),
the contracting officer shall include the plan in any resulting
contract. Insert the provision with its Alternate I, in Invitations for
Bid containing the clause at 1852.223-70.

\(d\) The contracting officer shall insert the clause at 1852.223-75,
Major Breach of Safety or Security, in all solicitations and contracts
with estimated values of \$500,000 or more, unless waived at a level
above the contracting officer with the concurrence of the project
manager and the installation official(s) responsible for matters of
security, export control, safety, and occupational health.  For other
contracts, use of the clause is optional.

\(e\) For all solicitations and contracts exceeding the micro-purchase
threshold that do not include the clause at 1852.223-70, Safety and
Health, the contracting officer shall insert the clause at 1852.223-72,
Safety and Health (Short Form).

**Subpart ****1823.71\--Frequency Authorization**

**1823.7101**  **Contract clause.**\
  The contracting officer shall insert the clause at 1852.223-71,
Frequency Authorization, in solicitations and contracts calling for
developing, producing, constructing, testing, or operating a device for
which a radio frequency authorization is required.

**1823.7102  Procedures.**\
  The contracting officer shall obtain the necessary frequency
authorization and other procedural details from the installation\'s
spectrum manager.

PART 1851

USE OF GOVERNMENT SOURCES BY CONTRACTORS

**TABLE OF CONTENTS**

**SUBPART 1851.1 CONTRACTOR USE OF GOVERNMENT SUPPLY**

**SOURCES**

1851.102 Authorization to use Government supply sources.

1851.102-70 Contractor acquisition of filing cabinets.

**SUBPART 1851.2 CONTRACTOR USE OF INTERAGENCY FLEET**

**MANAGEMENT SYSTEM (IFMS) VEHICLES**

1851.202 Authorization.

1851.205 Contract clause.

**PART 1851**

**USE OF GOVERNMENT SOURCES BY CONTRACTORS**

**Subpart** **1851.1\--Contractor Use of Government Supply Sources**

**1851.102 Authorization** **to** **use** **Government supply**
**sources.**

\(e\) The contracting officer shall use substantially the following
format for letters authorizing contractor use of Government supply
sources:

**SUBJECT:** Authorization to Lease, Rent, or Purchase from General
Services Administration (GSA) Supply Sources

(Contractor\'s name) [              ]{.underline}

(Address) [                        ]{.underline}

\(1\) You are hereby authorized to act for the Government in the
following matters:

\(i\) The acquisition of supplies and/or services under Contract
No. [        ]{.underline} available for purchase by Government agencies
either directly from GSA stock or under Federal Supply Schedules,
including GSA nonmandatory ADTS/ADP schedule contracts and GSA ADP
requirements contracts, subject to the limitations set forth in this
authorization.

\(ii\) The leasing or rental of equipment for use on Contract
No. [        ]{.underline}  available for lease or rental by Government
agencies under Federal Supply Schedules, including GSA nonmandatory
ADTS/ADP schedule contracts and GSA ADP requirements contracts, subject
to the limitations set forth in this authorization.

\(iii\) The issuance of tax exemption certificates in lieu of the
payment of State or other taxes for which the Government is not liable
on supplies or services purchased under this authorization.

(2)(i) Purchase orders under GSA schedules and contracts shall be placed
in accordance with the terms and conditions of the GSA schedule or
contract and this authorization. A copy of this authorization shall be
attached to the order (unless a copy was previously furnished to the GSA
contractor) and shall contain the following statement:

> "This order is placed on behalf of the National Aeronautics and Space
> Administration in furtherance of United States Government Contract
> No. [              ]{.underline} , pursuant to written authorization
> dated [        ]{.underline} , a copy of which (is attached) (you have
> on file). In the event of any inconsistency between the terms and
> conditions of this order and those of the applicable GSA
> schedule/contract, the latter will govern."

\(ii\) Orders for items in the GSA Supply Catalog shall be placed in
accordance with the Catalog and this authorization and shall include the
address to which billings are to be sent. Bills are not issued by GSA
until after shipment has been made and should therefore be paid
promptly. Any necessary adjustments will be made by GSA subsequent to
payment. All orders shall contain the following statement:

> "This order is placed on behalf of the National Aeronautics and Space
> Administration in furtherance of United States Government Contract No.
> [   \_\_\_\_\_\_        ]{.underline} , pursuant to written
> authorization dated [       ]{.underline} , a copy of which (is
> attached) (you have on file)."

\(3\) (Insert any other provisions and restrictions.)

\(4\) The authority hereby granted is not transferable or assignable.

[                ]{.underline}

(Contracting Officer)

(e)(3) Contracting officers shall use NHB 4100.1, NASA Materials
Inventory Management Manual, to obtain activity address codes to enable
use of FEDSTRIP and MILSTRIP.

**1851.102-70 Contractor acquisition of** **filing cabinets.**

\(a\) The Contractor officer must approve any planned contractor
acquisition of filing cabinets whose title will vest in the Government.
The contracting officer shall ensure that the contractor takes the
following actions before submitting a request for approval:

\(1\) Transfer inactive records to contractor storage areas;

\(2\) Dispose of unnecessary records in accordance with corporate
procedures;

\(3\) Use less expensive shelf filing methods; and

\(4\) Take other actions to reduce the need for filing cabinets.

\(b\) If after taking the actions in paragraphs (a)(1) through (4) of
this section, the contractor requires additional filing capacity, it
shall submit for contracting officer approval a request to order filing
cabinets. This request shall include a discussion of why sufficient
additional filing capacity is necessary and shall address the results of
the actions in paragraphs (a)(1) through (4) of this section. The
contracting officer shall review the request in consultation with the
Records Management Officer, the Property and Supply Officer, and the
project officer, if appropriate.

\(c\) If the need for filing cabinets is approved, the contracting
officer shall attempt to fill the need by providing any available excess
items of the type required through appropriate property accountability
channels. Approved requests that cannot be filled from excess shall be
returned to the contractor with an authorization to obtain file
cabinets, preferably through GSA.

**Subpart 1851.2\--Contractor Use of Interagency Fleet Management System
(IFMS)**

**Vehicles**

**1851.202 Authorization.**

\(a\) In accordance with NPG 6200.1, "NASA Transportation and General
Traffic Management", the contracting officer shall obtain concurrence
from the Transportation Officer before authorizing a contractor to
obtain Government-owned or -leased vehicles and related services.

1851.205 Contract clause.

When the clause at FAR 52.251-2 is included in a solicitation or
contract, also include the clause set forth at 1852.223-76.

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.

1852.223-76 Federal Automotive Statistical Tool Reporting.

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 Technical Reports.

1852.235-71 Key Personnel and Facilities.

1852.235-72 Instructions for Responding to NASA Research Announcements.

1852.235-73 Final Scientific and Technical Reports.

1852.235-74 Additional Reports of Work \-- Research and Development.

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,

\(2\) The Contractor\'s program shall further prohibit any such
individual from working in a sensitive position on a NASA contract,
unless such individual has completed a program of rehabilitation
described in paragraph (d) of this clause.

\(3\) The Contractor\'s program shall further prohibit any such
individual from working in any sensitive position on a NASA contract if
the individual is determined under the Contractor\'s program to have
used, in violation of applicable law or Federal regulation, alcohol or a
controlled substance and the individual meets any of the following
criteria:

\(i\) The individual had undertaken or completed a rehabilitation
program described in paragraph (d) of this clause prior to such use;

\(ii\) Following such determination, the individual refuses to undertake
such a rehabilitation program;

\(iii\) Following such determination, the individual fails to complete
such a rehabilitation program; or

\(iv\) The individual used a controlled substance or alcohol while on
duty.

\(d\) The Contractor shall institute and maintain an appropriate
rehabilitation program which shall, as a minimum, provide for the
identification and opportunity for treatment of employees whose duties
include responsibility for safety-sensitive, security, or National
security functions who are in need of assistance in resolving problems
with the use of alcohol or controlled substances.

\(e\) The requirements of this clause shall take precedence over any
state or local Government laws, rules, regulations, ordinances,
standards, or orders that are inconsistent with the requirements of this
clause.

\(f\) For any collective bargaining agreement, the Contractor will
negotiate the terms of its program with employee representatives, as
appropriate, under labor relations laws or negotiated agreements. Such
negotiation, however, cannot change the requirements of this clause.
Employees covered under collective bargaining agreements will not be
subject to the requirements of this clause until those agreements have
been modified, as necessary; provided, however, that if one year after
commencement of negotiation the parties have failed to reach agreement,
an impasse will be determined to have been reached and the Contractor
will unilaterally implement the requirements of this clause.

\(g\) The Contractor shall insert a clause containing all the terms of
this clause, including this paragraph (g), in all subcontracts in which
work is performed by an employee in a sensitive position, except
subcontracts for commercial items (see FAR Parts 2 and 12).

**(End of clause)**

**1852.223-75 Major Breach of Safety or Security.**

As prescribed in 1823.7001(d), insert the following clause:

**MAJOR BREACH OF SAFETY OR SECURITY**

**(FEBRUARY 2002)**

(a) Safety is the freedom from those conditions that can cause death,
    injury, occupational

> illness, damage to or loss of equipment or property, or damage to the
> environment. Safety is essential to NASA and is a material part of
> this contract. NASA's safety priority is to protect: (1) the public;
> (2) astronauts and pilots; (3) the NASA workforce (including
> contractor employees working on NASA contracts); and (4) high-value
> equipment and property. A major breach of safety may constitute a
> breach of contract that entitles the Government to exercise any of its
> rights and remedies applicable to material parts of this contract,
> including termination for default. A major breach of safety must be
> related directly to the work on the contract. A major breach of safety
> is an act or omission of the Contractor that consists of an accident,
> incident, or exposure resulting in a fatality or mission failure; or
> in damage to equipment or property equal to or greater than \$1
> million; or in any \"willful\" or \"repeat\" violation cited by the
> Occupational Safety and Health Administration (OSHA) or by a state
> agency operating under an OSHA approved plan.

\(b\) Security is the condition of safeguarding against espionage,
sabotage, crime (including computer crime), or attack. A major breach of
security may constitute a breach of contract that entitles the
Government to exercise any of its rights and remedies applicable to
material parts of this contract, including termination for default. A
major breach of security may occur on or off Government installations,
but must be related directly to the work on the contract. A major breach
of security is an act or omission by the Contractor that results in
compromise of classified information, illegal technology transfer,
workplace violence resulting in criminal conviction, sabotage,
compromise or denial of information technology services, equipment or
property damage from vandalism greater than \$250,000, or theft greater
than \$250,000.

\(c\) In the event of a major breach of safety or security, the
Contractor shall report the breach to the Contracting Officer. If
directed by the Contracting Officer, the Contractor shall conduct its
own investigation and report the results to the Government. The
Contractor shall cooperate with the Government investigation, if
conducted.

**(End of clause)**

**1852.223-76 Federal Automotive Statistical Tool Reporting.**

As prescribed at 1823.271 and 1851.205, insert the following clause:

### FEDERAL AUTOMOTIVE STATISTICAL TOOL REPORTING

**(JULY 2003)**

If authorized to operate Government-owned or --leased vehicles,
including interagency fleet management system (IFMS) vehicles or related
services in performance of this contract, the Contractor shall report
the data describing vehicle usage required by the Federal Automotive
Statistical Tool (FAST) by October 15 of each year. FAST is accessed
through http://fastweb.inel.gov/.

**(End of clause)**

**1852.225-8** **Duty-Free Entry of Space Articles.**

As prescribed in 1825.1101(e), add the following paragraph (k) to the
basic clause at FAR 52.225-8:

\(k\) The following supplies will be given duty-free entry:

\[Insert the supplies that are to be accorded duty-free entry.\]

**(End of addition)**

**1852.225-70 Export Licenses.**

As prescribed in 1825.1103-70(b), insert the following clause:

**EXPORT LICENSES**

**(FEBRUARY 2000)**

\(a\) The Contractor shall comply with all U.S. export control laws and
regulations, including the International Traffic in Arms Regulations
(ITAR), 22 CFR Parts 120 through 130, and the Export Administration
Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of
this contract. In the absence of available license
exemptions/exceptions, the Contractor shall be

responsible for obtaining the appropriate licenses or other approvals,
if required, for exports of hardware, technical data, and software, or
for the provision of technical assistance.

\(b\) The Contractor shall be responsible for obtaining export licenses,
if required, before utilizing foreign persons in the performance of this
contract, including instances where the work is to be performed on-site
at \[*insert name of NASA installation*\], where the foreign person will
have access to export-controlled technical data or software.

\(c\) The Contractor shall be responsible for all regulatory record
keeping requirements associated with the use of licenses and license
exemptions/exceptions.

\(d\) The Contractor shall be responsible for ensuring that the
provisions of this clause apply to its subcontractors.

**(End of clause)**

**ALTERNATE I**

**(FEBRUARY 2000)**

As prescribed in 1825.1103-70(b), add the following paragraph (e) as
Alternate I to the clause:

\(e\) The Contractor may request, in writing, that the Contracting
Officer authorize it to export ITAR-controlled technical data (including
software) pursuant to the exemption at 22 CFR 125.4(b)(3). The
Contracting Officer or designated representative may authorize or direct
the use of the exemption where the data does not disclose details of the
design, development, production, or manufacture of any defense article.