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Procurement Notice

National Aeronautics and

Space Administration

Washington, DC 20546

**PN 04-17**

**October 6, 2006**

**MISCELLANEOUS CHANGES**

 

***BACKGROUND*:**  This PN revises the NASA FAR Supplement to make the
following administrative and editorial changes:

   1. 1804.671: revises the office to which C.A.S.E. reports are to be
sent. 

2\. 1806.304-70: revises the JOFOC approval thresholds consistent with
the threshold changes made in FAC 2005-13.

3\. 1806.501: revises the identity of the Headquarters competition
advocate.

   4.  1813.301-73: revises the office responsible for agency purchase
card program coordinator. 

5\. 1819.5:  deletes 1819.502-70(d), redesignates 1819.502-70(e) as
1819.502-70(d), and deletes 1819.506, consistent with the changes in FAC
2005-10 that establish procedures for when a Small Business
Administration procurement center representative is not assigned.

6\. 1823.404: revises the document number of the referenced Affirmative
Procurement Program for Environmentally Preferable Products to NPR
8530.1.

***ACQUISITIONS AFFECTED BY CHANGES*:**  None.

***ACTION REQUIRED BY CONTRACTING OFFICERS*:**  None.

***CLAUSE CHANGES*:**  None.

***PARTS AFFECTED*:**  Parts 1804, 1806, 1813, 1819, and 1823.

***REPLACEMENT PAGES*:**  You may use the enclosed pages to replace
4:5**,** 4:6, 6:5, 13:3, 13:4, 19:1, 19:2, 19:5, 19:6, 23:1, and 23:2 of
the NFS.

***TYPE OF RULE AND PUBLICATION DATE*:**  These changes do not have a
significant impact beyond the internal operating procedures of NASA and
do not have a significant cost or administrative impact on contractors
or offerors, and therefore do not require codification in the Code of
Federal Regulations (CFR) or publication for public comment.

***HEADQUARTERS CONTACT*:**  Tom O'Toole, Office of Procurement,
Contract Management Division, (202) 358-0478, email:
thomas.otoole@nasa.gov.

 

 

 /s/ James Balinskas f*or*

Tom Luedtke

Assistant Administrator for Procurement

Enclosures

 

**DISTRIBUTION LIST:**

**  PN List** 

The contracting officer must insert a clause substantially the same as
the clause at 1852.204‑76, Security Requirements for Unclassified
Information Technology Resources, in solicitations and contracts which
require submission of an IT Security Plan.

**Subpart 1804.5\--Electronic Commerce in Contracting**

**1804.570 NASA Acquisition Internet Service (NAIS).**

**1804.570-1 General.**

The NASA Acquisition Internet Service (NAIS) provides an electronic
means for posting procurement synopses, solicitations, and associated
information on the NAIS Internet site which in turn, automatically posts
relevant information onto the Governmentwide point of entry (GPE).

**1804.570-2 Electronic Posting System.**

\(a\) The NAIS Electronic Posting System (EPS) enables the NASA
procurement staff to \--

\(1\) Electronically create and post synopses on the NAIS Internet site
and the GPE; and

\(2\) Post solicitation documents, including solicitation amendments or
cancellations, and other procurement information on the NAIS Internet
site with linked references on the GPE.

\(b\) The EPS maintains an on-line index linking the posted synopses and
solicitations for viewing and downloading.

\(c\) The EPS shall be used to \--

\(1\) Create and post all synopses in accordance with FAR Part 5 and NFS
1805; and

\(2\) Post all competitive solicitation files, excluding large
construction and other drawings, for acquisitions exceeding \$25,000.

\(d\) The NAIS is the official site for solicitation postings which in
turn, automatically posts relevant information onto the Government-wide
point of entry (GPE). In the event supporting materials, such as program
libraries, cannot be reasonably accommodated by the NAIS, Internet sites
external to NAIS may be established after coordination with the
contracting officer. Such sites must be linked from the NAIS business
opportunities index where the solicitation resides. External sites
should not duplicate any of the files residing on the NAIS.

### Subpart 1804.6\--Contract Reporting

**1804.601 Record requirements.**

The Headquarters Office of Procurement (Code HC) is responsible for
meeting the requirements of FAR 4.601, based on installation submission
of Individual Procurement Action Reports (NASA Form 507 series) data.

**1804.671 Committee on Academic Science and Engineering (C.A.S.E.)
Report.**

NASA Form 1356, C.A.S.E. Report on College and University Projects,
shall be prepared for awards to nonprofit institutions of higher
education or to nonprofit institutions that are operationally affiliated
or integrated with an educational institution. Information on this form
is used to produce reports required by the National Science Foundation
and to respond to inquiries. Submission is required regardless of
instrument type (contract, grant, cooperative agreement, or funded Space
Act agreement) and type of proposal (solicited or unsolicited).
Instructions appear on the form itself and constitute the detailed
guidance for preparation and submission. The form, which is either
included with the acquisition package or initiated by the contracting
office, shall be completed, reviewed, and promptly forwarded upon award
to the Headquarters Office of Education, Director, Performance
Measurement.

**Subpart** **1804.8\--Government Contract Files**

**1804.802-70 Handling of classified material.**

When a contract is unclassified, classified material relating to that
contract shall be maintained in a separate file folder and container,
and the unclassified folder shall be marked to indicate the location of
the classified material. The front and back of each folder containing
classified material shall be marked with the highest classification
assigned to any document in the folder.

**1804.803 Contents of contract files.**

**1804.803-70 Checklist.**

NASA Form 1098, Checklist for Contract Award File Content, shall be used
as the \"top page\" in contract files.

**1804.804 Closeout of contract files.**

**1804.804-2 Closeout of the contracting office files if another office
administers the contract.**

\(b\) Upon receiving the NASA Form 1611 or DD Form 1594, Contract
Completion Statement, from the contract administration office and
complying with FAR 4.804-2(b), the contracting officer shall complete
the form.

**1804.804-5 Procedures for closing out contract files.**

\(a\) When the contracting office retains contract administration
(excluding acquisitions under the simplified acquisition threshold), the
contracting officer must comply with FAR 4.804-5(a) by completing NASA
Form 1612, Contract Closeout Checklist, and DD Form 1593, Contract
Administration Completion Record.

\(b\) To comply with FAR 4.804-5(b), the contracting officer must
complete NASA Form 1611 or DD Form 1594, Contract Completion Statement,
except for acquisitions under the simplified acquisition threshold.

**1804.805 Storage, handling, and disposal of contract files.**

\(a\) See NPR 1441.1, NASA Records Retention Schedules.

**1804.805-70 Review, separation, and retirement of contract files.**

\(a\) Upon determination of contract completion under the procedures
outlined in 1804.804, each office shall remove the official contract
files from the active file series, mark each file folder with
\"Completed (Date)\", and place the folder in a completed (inactive)
contract file series. Separate series should be established for
contracts of \$25,000 or less and for contracts of more than \$25,000,
to facilitate later disposal. Any original or official file copies of
documents contained in duplicate or \"working\" contract files shall be
removed and placed in the appropriate

**1806.304-70 Approval of NASA justifications.**

Concurrences and approvals for justifications of contract actions
conducted in accordance with FAR Subparts 6.2 and 6.3 shall be obtained
as follows:

\(a\) For proposed contracts over \$550,000 but not exceeding
\$11,500,000 -

\(1\) Concurring official: Procurement Officer

\(2\) Approving official: Center or Headquarters Competition Advocate.

\(b\) For proposed contracts over \$11,500,000 but not exceeding
\$78,500,000 -

\(1\) Concurring officials:

\(i\) Procurement Officer

\(ii\) Center or Headquarters Competition Advocate

\(2\) Approving official: Head of the contracting activity.

\(c\) For proposed contracts over \$78,500,000 -

\(1\) Concurring officials:

\(i\) Procurement Officer

\(ii\) Center or Headquarters Competition Advocate

\(iii\) Head of the contracting activity.

\(iv\) Agency Competition Advocate

\(2\) Approving Official: Assistant Administrator for Procurement

\(d\) The approval authority of FAR 6.304(a)(3) may not be delegated to
other than the installation\'s Deputy Director.

\(e\) For proposed contract actions requiring approval by the Assistant
Administrator for Procurement, the original justification shall be
forwarded to the Assistant Administrator for Procurement (Code HS).

\(f\) Regardless of dollar value, class justifications shall be approved
by the Assistant Administrator for Procurement.

## Subpart 1806.5\--Competition Advocates

**1806.501 Requirement.**

#  (1) The Director, Program Operations Division, Code HS, is the agency competition advocate, reporting to the Assistant Administrator for Procurement on issues related to competition of NASA acquisitions.

**(2)** The Center Deputy Directors or Associate Directors are the
competition advocates for their contracting activities.

**(3)** The executive officer for the Director of Headquarters
Operations is the competition advocate for the Headquarters contracting
activity.

**1806.502 Duties and Responsibilities.**

(b)**(i)** Center competition advocates shall submit annual reports to
the agency competition advocate (Code HS) on or before November 30.

**(ii)** The agency competition advocate shall submit an annual agency
report on or before January 31.

**(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 NASA Shared Service Center, Procurement Division, 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(g).

**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 acquisition of commercial items as defined in FAR 2.101.

\(2\) 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 a trade-off source selection process
will be used, that is, factors in addition to technical acceptability
and price will be considered. (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 1819

**SMALL BUSINESS PROGRAMS**

# TABLE OF CONTENTS

1819.001 Definitions.

**SUBPART 1819.2 POLICIES**

1819.201 General policy.

**SUBPART 1819.3 DETERMINATION OF SMALL BUSINESS STATUS**

**FOR SMALL BUSINESS PROGRAMS**

1819.302 Protesting a small business representation.

**SUBPART 1819.5 SET-ASIDES FOR SMALL** **BUSINESS**

1819.502 Setting aside acquisitions.

1819.502-70 Non-initiation of set-asides.

1819.502-3 Partial set-asides.

1819.502-370 NASA reporting requirements.

1819.505 Rejecting Small Business Administration recommendations.

**SUBPART 1819.6 CERTIFICATES OF** **COMPETENCY AND**

**DETERMINATIONS OF RESPONSIBILITY**

1819.602 Procedures.

1819.602-1 Referral.

1819.602-3 Resolving differences between the agency and the Small
Business

Administration.

1819.602-370 NASA procedures.

**SUBPART 1819.7 THE SMALL BUSINESS SUBCONTRACTING PROGRAM**

1819.705-2 Determining the need for a subcontracting plan.

1819.705-4 Reviewing the subcontracting plan.

1819.705-470 Acquisition-specific subcontracting goals.

1819.708 Contract clauses.

1819.708-70 NASA solicitation provision and contract clause.

**SUBPART 1819.8 CONTRACTING WITH THE** **SMALL BUSINESS**

**ADMINISTRATION** **(THE** **8(a) PROGRAM)**

1819.804 Evaluation, offering, and acceptance.

1819.804-1 Agency evaluation.

**SUBPART   1819.10 SMALL BUSINESS COMPETITIVENESS**

**DEMONSTRATION PROGRAM**

1819.1005 Applicability.

**SUBPART 1819.70 NASA 8 PERCENT GOAL**

1819.7000 General.

1819.7002 Contracting officer responsibility.

1819.7003 Contract clause.

**SUBPART 1819.71 NASA RURAL AREA SMALL BUSINESS PLAN**

1819.7101 Definition.

1819.7102 General.

1819.7103 Solicitation provision and contract clause.

**SUBPART 1819.72 NASA MENTOR-PROTÉGÉ PROGRAM**

1819.7201 Scope of subpart.

1819.7202 Definitions.

1819.7203 Non-affiliation.

1819.7204 Transportability of features from the Department of Defense

(DOD) Mentor-Protégé program to NASA contractors.

1819.7205 General policy.

1819.7206 Incentives for prime contractor participation.

1819.7207 Measurement of Program success.

1819.7208 Mentor firms.

1819.7209 Protégé firms.

1819.7210 Selection of protégé firms.

1819.7211 Application process for mentor firms to participate in the
Program.

1819.7212 OSDBU review and approval process of agreement.

1819.7213 Agreement contents.

1819.7214 Developmental assistance.

1819.7215 Obligation.

1819.7216 Internal controls.

1819.7217 Reports.

1819.7218 Program review.

1819.7219 Solicitation provision and contract clauses.

**PART 1819**

**SMALL BUSINESS PROGRAMS**

**1819.001 Definitions.**

**"High-Tech"** as used in this part means research and/or development
efforts that are within or advance the state-of-the-art in a technology
discipline and are performed primarily by professional engineers,
scientists, and highly skilled and trained technicians or specialists.

**Subpart** **1819.2\--Policies**

**1819.502** **Setting** **aside** **acquisitions.**

**1819.502-70 Non-initiation of set-asides.**

\(a\) All cases involving the non-initiation of a set-aside, whether
resulting from a joint decision of the small business specialist and the
contracting officer or a decision by the contracting officer alone,
require referral to the SBA representative (if one is assigned and
available) for review.

\(b\) If the small business specialist recommends that an individual
acquisition or a class of acquisitions, or a portion thereof, be set
aside, the contracting officer shall promptly either concur in or
disapprove the recommendation, stating in writing the reasons for
disapproval.

\(c\) When an SBA representative is assigned and available and the
contracting officer disapproves the small business specialist\'s
recommendation, the contracting officer shall promptly refer the case to
the SBA representative for review. The small business specialist shall
take no further appeal action. The SBA representative must either concur
with the decision or appeal the case to the procurement officer under
FAR 19.505. If the procurement officer approves the contracting
officer's decision and the SBA appeals under FAR 19.505(c), the
procurement officer shall forward the required written justification,
including a history of discussions between the center and the SBA and
rationale for the decision, to the Headquarters Office of Procurement,
Program Operations Division.

\(d\) The contracting officer shall prepare, sign, and retain in the
contract file a memorandum of nonconcurrence in a recommended set-aside
action.

**1819.502-3 Partial set-asides.**

**1819.502-370 NASA Reporting Requirements.**

The contracting officer shall separately report, in accordance with
Subpart 1804.6, awards of the non-set-aside portions of small business
set-aside acquisitions.

**1819.505 Rejecting Small Business Administration recommendations**.

See 1819.502-70.

**Subpart 1819.6\--Certificates of Competency and Determinations of
Responsibility**

**1819.602 Procedures.**

**1819.602-1 Referral.**

\(a\) On proposed awards exceeding the simplified acquisition threshold,
the contracting officer should consider requesting a preaward survey
(see FAR 9.106) before determining that a responsive small business firm
is not responsible. The scope of the preaward survey request should be
limited to those elements of responsibility that are questioned.

\(2\) The contracting officer shall forward a copy of the referral to
SBA through the procurement officer to the Headquarters Office of Small
and Disadvantaged Business Utilization (Code K).

**1819.602-3 Resolving** **differences** **between** **the** **agency**
**and** **the Small Business** **Administration.**

**1819.602-370 NASA Procedures.**

\(a\) When agreement cannot be reached between the contracting officer
and the SBA Area Office, the contracting officer shall forward to the
Headquarters Office of Procurement (Code HS) on an expedited basis, a
complete case file with a request that the case be considered for appeal
to SBA Headquarters. The contracting officer shall include the data
already furnished to SBA, SBA\'s rationale for proposing to issue a COC,
and the contracting officer\'s comments. The contracting officer shall
suspend acquisition action until informed by Code HS of the final
decision in the case.

\(b\) If the Office of Procurement concludes that the referral to SBA
should be withdrawn and a contract awarded without benefit of a COC,
Code HS shall inform the contracting officer.

\(c\) If the Office of Procurement agrees with the contracting
officer\'s recommended appeal action, the Assistant Administrator for
Procurement shall forward the appeal through the Office of Small and
Disadvantaged Business Utilization (Code K) to SBA Headquarters.

**Subpart** **1819.7\--The Small Business Subcontracting Program**

**1819.705-2 Determining the need for a subcontracting plan.**

\(d\) Solicitations for competitive negotiated acquisitions shall
require proposed subcontracting plans with initial proposals (see
1819.708(b)(1)). For sole source negotiated acquisitions, the contractor
shall be required to submit a proposed subcontracting plan with the
proposal.

**1819.705-4 Reviewing the subcontracting plan.**

**1819.705-470 Acquisition-specific subcontracting goals.**

Section 1819.201 addresses Agencywide goals at the combined prime and
subcontract levels. Appropriate subcontracting goals for an individual
acquisition, however, are to be independently determined on the basis of
the specific circumstances of the acquisition, consistent with FAR
19.705-4 and 1819.7002(b), and not on the basis of an Agencywide or
center goal. Acquisition-specific subcontracting goals should reflect
maximum practicable opportunities for all categories of small business
concerns to participate in NASA programs, consistent with efficient
performance. The methods outlined in NASA Policy Directive (NPD) 5000.2,
Uniform Methodology for Determination of Small Disadvantaged
Subcontracting Goals, may also be useful in establishing

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             Definitions.\
1823.570-2             Contract clause.\
1823.570-3             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 1823.10 FEDERAL COMPLIANCE WITH RIGHT-TO-KNOW

LAWS AND POLLUTION PREVENTION

REQUIREMENTS

1823.1005 Contract clause.

**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 NPR 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 NPR 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 (NPR 8530.1).

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

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

This section sets 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.

**1823.570-1  Definitions.**\
As used in this subpart **employee** and **controlled substance** are as
defined in FAR 23.503. The