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

National Aeronautics and

Space Administration

Washington, DC 20546

##  PN 97-91

###  February 3, 2004

# CONFORMANCE WITH FEDERAL ACQUISITION CIRCULAR 2001-16

***BACKGROUND:*** Item I of FAC 2001-16 revised the FAR to require
registration of contractors in the Central Contractor Registration (CCR)
database prior to award of any contract, basic agreement, basic ordering
agreement, or blanket purchase agreement. As a result, NASA's specific
coverage of CCR is no longer required. This PN removes Subpart 1804.74
-- Central Contractor Registration and its associated clause at
1852.204-74.

***ACQUISITIONS AFFECTED BY CHANGES:*** New solicitations and contracts.

***ACTION REQUIRED BY CONTRACTING OFFICERS:*** Use FAR clause 52.204-7,
Central Contractor Registration, in all solicitations and contracts
issued after February 3, 2004.

***CLAUSE CHANGES:*** Clause 1852.204-74 is removed.

***PARTS AFFECTED:*** Changes are made in Parts 1804 and 1852.

***REPLACEMENT PAGES:*** You may use the enclosed pages to replace Part
1804, 52:1 through 52:6, 52-91, and 52-92 of the NASA FAR Supplement.

***TYPE OF RULE AND PUBLICATION DATE:*** The PN was published as a final
rule in the Federal Register (68 FR 5087) on February 3, 2004.

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

James A. Balinskas

Director, Contract Management Division

Enclosures

# PART 1804

# ADMINISTRATIVE MATTERS

**TABLE OF CONTENTS**

**SUBPART 1804.1 CONTRACT EXECUTION**

1804.103 Contract clause.

1804.170 Contract effective date.

**SUBPART 1804.2 CONTRACT DISTRIBUTION**

1804.202 Agency distribution requirements.

1804.203 Taxpayer identification information.

SUBPART 1804.4 SAFEGUARDING CLASSIFIED INFORMATION WITHIN INDUSTRY

1804.402 General.

1804.404-70 Contract clause.

1804.470 Security requirements for unclassified information technology

resources

1804.470-1 Scope.

1804.470-2 Policy.

1804.470-3 Security plan for unclassified Federal Information Technology

systems.

1804.470-4 Contract clauses.

#### SUBPART 1804.5 ELECTRONIC COMMERCE IN CONTRACTING

1804.570 NASA Acquisition Internet Service (NAIS).

1804.570-1 General.

1804.570-2 Electronic Posting System.

#### SUBPART 1804.6 CONTRACT REPORTING

1804.601 Record requirements.

1804.602 Federal Procurement Data System.

1804.670 Individual Procurement Action Report (NASA Form 507 series).

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

#### SUBPART 1804.8 GOVERNMENT CONTRACT FILES

1804.802-70 Handling of classified material.

1804.803 Contents of contract files.

1804.803-70 Checklist.

1804.804 Closeout of contract files.

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

the contract.

1804.804-5 Procedures for closing out contract files.

1804.805 Storage, handling, and disposal of contract files.

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

#### SUBPART 1804.9 TAXPAYER IDENTIFICATION NUMBER 

1804.904 Reporting payment information to the IRS.

#### SUBPART 1804.70 TRANSFER OF CONTRACTING OFFICE 

**RESPONSIBILITY**

1804.7000 Scope of subpart.

1804.7001 Definition.

1804.7002 Approval of Transfer Requests.

1804.7003 Responsibilities of the contracting officer of the
transferring

installation.

1804.7003-1 Coordinations.

1804.7003-2 File inventory.

1804.7003-3 Notifications.

1804.7003-4 Transfer.

1804.7003-5 Retention documentation.

1804.7004 Responsibilities of the contracting officer of the receiving

installation.

1804.7004-1 Pre-transfer file review.

1804.7004-2 Post-transfer actions.

#### SUBPART 1804.71 UNIFORM ACQUISITION INSTRUMENT

**IDENTIFICATION**

1804.7100 Scope of subpart.

1804.7101 Policy.

1804.7102 Numbering scheme.

1804.7103 Modifications of contracts or agreements.

#### SUBPART 1804.72 REVIEW AND APPROVAL OF CONTRACTUAL

**INSTRUMENTS**

1804.7200 Contract review by Headquarters.

#### SUBPART 1804.73 PROCUREMENT REQUESTS

1804.7301 General.

# PART 1804

# ADMINISTRATIVE MATTERS

## Subpart 1804.1\--Contract Execution

**1804.****103 Contract clause.**

The contracting officer shall include the clause at FAR 52.204-1**,**
Approval of Contract, in solicitations, contracts, and supplemental
agreements that require higher level approval. For actions requiring
Headquarters approval, insert \"NASA Assistant Administrator for
Procurement\" in the clause\'s blank space.

**1804.170 Contract effective date.**

\(a\) **\"Contract effective date\"** means the date agreed upon by the
parties for beginning the period of performance under the contract. In
no case shall the effective date precede the date on which the
contracting officer or designated higher approval authority signs the
document.

\(b\) Costs incurred before the contract effective date are unallowable
unless they qualify as precontract costs (see FAR 31.205-32) and the
clause prescribed at 1831.205-70 is used.

### Subpart 1804.2\--Contract Distribution

**1804.202 Agency distribution requirements.**

In addition to the requirements in FAR 4.201, the contracting officer
shall distribute one copy of each R&D contract, including the Statement
of Work, to the NASA Center for AeroSpace Information (CASI), Attention:
Acquisitions Collections Development Specialist, 7121 Standard Drive,
Hanover, MD 21076-1320.

**1804.203 Taxpayer identification information.**

Instead of using the last page of the contract to provide the
information listed in FAR 4.203, NASA installations may allow
contracting officers to use a different distribution method, such as
annotating the cover page of the payment office copy of the contract.

### Subpart 1804.4\--Safeguarding Classified Information Within Industry

**1804.402 General.**

\(b\) NASA security policies and procedures are prescribed in NPD
1600.2A, NASA Security Policy; NPG 1600.6A, Communications Security
Procedures and Guidelines; NPG 1620.1, Security Procedures and
Guidelines; NPG 2810.1 and NPD 2810.1 Security of Information
Technology.

**1804.404-70  Contract clause.**

The contracting officer shall insert the clause at 1852.204-75, Security
Classification Requirements, in solicitations and contracts if work to
be performed will require security clearances. This clause may be
modified to add instructions for obtaining security clearances and
access to security areas that are applicable to the particular
acquisition and installation.

**1804.470 Security requirements for unclassified information technology
resources.**

**1804.470-1 Scope.**

This section implements NASA\'s acquisition‑related aspects of Federal
policies for assuring the security of unclassified automated information
resources. Federal policies include, but are not limited to, the
Computer Security Act of 1987 (40 U.S.C. 1441 et seq.), the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.), Public Law 106-398,
section 1061, Government Information Security Reform, OMB Circular
A-130, Management of Federal Information Resources, and the National
Institute of Standards and Technology security guidance and standards.

**1804.470-2 Policy.**

\(a\) NASA policies and procedures on security for automated information
technology are prescribed in [NPD
2810.1](http://nodis.hq.nasa.gov/Library/Directives/NASA-WIDE/Policies/Legal_Policies/N_PD_2810_1.html),
Security of Information Technology, and in NPG 2810.1, Security of
Information Technology. The provision of information technology (IT)
security in accordance with these policies and procedures, is required
in all contracts that include IT resources or services in which a
contractor must have physical or electronic access to NASA\'s sensitive
information contained in unclassified systems that directly support the
mission of the Agency. This includes information technology, hardware,
software, and the management, operation, maintenance, programming, and
system administration of computer systems, networks, and
telecommunications systems. Examples of tasks that require security
provisions include:

\(1\) Computer control of spacecraft, satellites, or aircraft or their
payloads;

\(2\) Acquisition, transmission or analysis of data owned by NASA with
significant replacement costs should the contractor's copy be corrupted;
and

\(3\) Access to NASA networks or computers at a level beyond that
granted the general public, e.g. bypassing a firewall.

\(b\) The contractor must not use or redistribute any NASA information
processed, stored, or transmitted by the contractor except as specified
in the contract.

**1804.470-3 Security plan for unclassified Federal Information
Technology systems.**

\(a\) The requiring activity with the concurrence of the Center Chief
Information Officer (CIO), and the Center Information Technology (IT)
Security Manager, must determine whether an IT Security Plan for
unclassified information is required.

\(b\) IT security plans must demonstrate a thorough understanding of NPG
2810.1 and NPD 2810.1 and must include, as a minimum, the security
measures and program safeguards planned to ensure that the information
technology resources acquired and used by contractor and subcontractor
personnel \--

\(1\) Are protected from unauthorized access, alteration, disclosure, or
misuse of information processed, stored, or transmitted;

\(2\) Can maintain the continuity of automated information support for
NASA missions, programs, and functions;

\(3\) Incorporate management, general, and application controls
sufficient to provide cost-effective assurance of the systems\'
integrity and accuracy;

\(4\) Have appropriate technical, personnel, administrative,
environmental, and access safeguards;

\(5\) Document and follow a virus protection program for all IT
resources under its control; and

\(6\) Document and follow a network intrusion detection and prevention
program for all IT resources under its control.

\(c\) The contractor must be required to develop and maintain an IT
System Security Plan, in accordance with NPG 2810.1, for systems for
which the contractor has primary operational responsibility on behalf of
NASA.

\(d\) The contracting officer must obtain the concurrence of the Center
Chief of Security before granting any contractor requests for waiver of
the screening requirement contained in the clause at 1852.204‑76.

**1804.470-4 Contract clauses.**

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.

**1804.602** Federal Procurement Data System**.**

\(d\) Code HC is responsible for requesting, obtaining, and reporting
Contractor Establishment Codes to the FPDS.

**1804.670 Individual Procurement Action Report (NASA Form 507
series).**

The Individual Procurement Action Report and Supplements (NASA Form 507
series) provide essential procurement records and statistics through a
single uniform reporting program as a basis for required recurring and
special reports to Congress, Federal Procurement Data Center, and other
Federal agencies. The preparation and utilization of the NASA Form 507
series are integral parts of the agencywide Financial and Contractual
Status (FACS) system. The Headquarters Office of Procurement issues
Procurement Information Circulars (PICs) to \--

\(a\) Identify the procurement actions subject to reporting; and

\(b\) Provide instructions on preparation of the NASA Forms 507.

**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 Human Resources and Education (Code FE).

### 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 NPG 1441.1C, 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 official file; any remaining
material in the duplicate or \"working\" file shall be destroyed
immediately or segregated and marked for early disposal.

\(b\) Each office shall review contractor \"general\" files (i.e., a
file containing documents relating generally to a contractor rather than
a specific contract) at least once annually and remove documents that
\--

\(1\) Are obsolete or superseded documents relating generally to the
contractor (e.g., documents no longer pertinent to any aspect of a
contractor\'s current or future capability, performance, or programs,
and documents relating to a contractor that is no longer a possible
source of supplies, services, or technical assistance) and dispose of
the documents as authorized in 1804.805; or

\(2\) Pertain only to completed contracts. Place those files that are
not routine in nature in inactive files for later disposal, and
immediately dispose of routine documents as authorized in NPG 1441.1C,
Records Retention Schedules.

**Subpart** **1804.9\--Taxpayer Identification Number Information**

**1804.904 Reporting payment information to the IRS.**

Each NASA installation, that has its own employer identification number,
may elect to report to the IRS payments under purchase orders and
contracts for merchandise and other exempt bills.

**Subpart** **1804.70\--Transfer of Contracting Office Responsibility**

**1804.7000 Scope of subpart.**

This subpart contains policies and procedures applicable to the transfer
of contracts between NASA installations.

**1804.7001 Definition.**

**\"Transfer of a contract,\"** as used in this subpart, means that
process whereby a contract and all future responsibility for a contract
held by one installation are transferred or reassigned in writing to
another installation.

**1804.7002 Approval of Transfer Requests.**

\(a\) The approval authority for requests to transfer a contract is the
official in charge of the cognizant Headquarters program office or
designee. Requests for approval shall be submitted by the director of
the transferring installation after receiving the concurrence of the
director of the receiving installation. Concurrence of the Associate
Deputy Administrator (Code AI) is also required for a transfer where an
installation\'s roles and missions may be affected.

\(b\) Approval of a program transfer by the cognizant Headquarters
official constitutes approval to transfer program-related contracts.

**1804.7003 Responsibilities of the contracting officer of the
transferring installation.**

**1804.7003-1 Coordinations.**

The contracting officer of the transferring installation shall take the
following steps before transferring the contract:

\(a\) Agree on a plan and schedule with the contracting officer of the
receiving installation for transferring contract responsibility and
contract files.

\(b\) Coordinate with the following offices:

\(1\) Financial Management Office, to determine the contract financial
records to be transferred and the method, timing, and dollar amount of
such transfers.

\(2\) Technical (Engineering and Project) Office, to determine the
status of any outstanding engineering changes.

\(3\) Reliability and Quality Assurance Office, to determine status and
method of transferring the reliability and quality assurance functions.

\(4\) Industrial Property and Facilities Office, to determine the method
of transferring the Government property records.

\(5\) Transportation Office, to determine the status of bills of lading
furnished the contractor.

\(6\) Security Office, to determine whether any classified material is
outstanding and whether special precautions are necessary during the
transfer process.

\(7\) Other organizational elements, to determine the status of any
other actions such as new technology, materials reports, PERT, and
safety.

**1804.7003-2 File inventory.**

The contracting officer of the transferring installation shall prepare
an inventory of the contract file. This inventory shall also include a
separate listing of all outstanding requests for contract administration
assistance issued to other Government agencies, indicating the name and
address of the agency office, functions requested to be performed,
estimated cost of the services, and

estimated reimbursement due the administration agency for the services
yet to be performed for each requested function. Copies of this
inventory shall be provided to the contracting officer of the receiving
installation.

**1804.7003-3 Notifications.**

The contracting officer of the transferring installation shall provide
written notification of the planned transfer to the contractor and all
agencies performing or requested to perform administration services.

**1804.7003-4 Transfer.**

\(a\) Upon completion of the actions described in 1804.7003-1 through
1804.7003-3, the contracting officer of the transferring installation
shall issue a letter to the contractor, agencies performing contract
administration functions, contracting officer representatives, and the
contracting officer of the receiving installation. This letter shall
provide notification of the transfer date, termination of appointment of
the contracting officer\'s representatives, and the name, mailing
address, and telephone number of the contracting officer of the
receiving installation.

\(b\) After issuing the letters described in 1804.7003-4(a), the
contracting officer of the transferring installation shall send the
contract file to the contracting officer of the receiving installation
with a letter transferring contract responsibility. This letter shall
contain a provision for acceptance of the responsibility for the
contract and its related files by the contracting officer of the
receiving installation.

**1804.7003-5 Retention documentation.**

The contracting officer of the transferring installation shall retain
for permanent file a copy of the approvals and concurrences required by
1804.7002, the transfer acceptance letter of the contracting officer of
the receiving installation, and any additional documents necessary for a
complete summary of the transfer action.

**1804.7004 Responsibilities of the contracting officer of the receiving
installation.**

**1804.7004-1 Pre-transfer file review.**

The contracting officer of the receiving installation shall review the
contract, letters of request, actions in process, and other related
files and to request corrective action, if necessary, before the
official transfer of the contract. This review may be waived by written
notification to the contracting officer of the transferring
installation.

**1804.7004-2 Post-transfer actions.**

The contracting officer of the receiving installation shall \--

\(a\) Provide the contracting officer of the transferring installation
written acceptance of contract responsibility and receipt of the
contract files;

\(b\) Inform all offices affected within the installation of the receipt
of the contract;

\(c\) Appoint new contracting officer\'s technical representatives, as
necessary;

\(d\) Issue a contract modification to provide for the administrative
changes resulting from the transfer action (e.g., identifying offices
responsible for performing contract administration and making payment
and the office to which vouchers, reports, and data are to be
submitted);

\(e\) Provide copies of the contract documents to affected installation
offices; and

\(f\) If appropriate, supplement the letter of request to the Government
agency providing contract administration services to reflect the changes
resulting from the transfer action. The supplement may terminate or
amend an existing contract administration support arrangement or may
request support in additional areas.

**Subpart** **1804.71\--Uniform Acquisition Instrument Identification**

**1804.7100 Scope of subpart.**

This subpart contains the procedures for uniform numbering of NASA
solicitations, contracts (including letter contracts), purchase orders
(including requests to other Government agencies), basic ordering
agreements, other agreements between the parties involving the payment
of appropriated funds or collection of funds for credit to the Treasury
of the United States, and modifications or supplements to these
instruments.

**1804.7101  Policy.**

\(a\) Contractual documents shall be numbered with approved prefixes,
suffixes, and serial numbers as prescribed in this subpart. If other
identification is required for center purposes, it shall be placed on
the document in such a location as to clearly separate it from the
identification number.

\(b\) The identification number shall consist of exactly 10
alpha-numeric characters positioned as prescribed in this subpart and
shall be retained unchanged for the life of the particular instrument.

\(c\) Identification numbers shall be serially assigned to the extent
feasible. Installations may designate blocks of numbers to offices for
future use.

\(d\) Solicitations shall be numbered in accordance with installation
procedures, except that in all cases the identifying number shall begin
with the three characters specified in 1804.7102(a)(1) and (2).

**1804.7102 Numbering scheme.**

\(a\) General.

\(1\) The first two characters shall be NN.

\(2\) The third character shall be the same letter as used in the
Integrated Financial Management Program (IFMP), i.e., the first letter
of the Center acronym, except for GRC which uses \"C\".

\(3\) The fourth and fifth characters shall be 2 numeric characters for
the FY in which the award is expected to be signed by the Government.

\(4\) The sixth through ninth characters shall be 4 digits for action
number; 2 alphas, 2 numbers (AA01, AA02 \... AA99, AB01, AB02, ... AZ99,
BA01, BA02, etc. through ZZ99)

\(5\) The tenth character shall be 1 alpha character for type of action.

\(b\) Codes for type of action.

A - Cooperative agreement.

B - BOA, GWAC, or other indefinite delivery type contract.

C - Contract (except Facilities or indefinite delivery type).

D - Delivery order or call against a supply contract (BOA, FSS, or other
indefinite delivery contract or BPA).

F - Facilities contract.

G - Grant (other than training).

H - Training grant.

I - Intragovernmental transaction, i.e., request to another Government
agency to furnish supplies or services. It does not include an award by
NASA to fulfill a request from another agency.

P - Purchase order. (This does not include a call or task or delivery
order, regardless of whether it is issued on a purchase order form. It
also does not include other types of actions listed in this paragraph,
notwithstanding that they are referred to as purchase orders in IFMP.)

S - Space Act agreement.

T - Task order against a service (including R&D) contract (BOA, FSS, or
other indefinite delivery contract or BPA).

Z - BPA.

\(c\) Sample.

NNG04AA01C would be a GSFC action issued in FY04. It would be the first
one issued at the Center (or the first of its type), and the action type
would be a contract:

NN G 04 AA01 C

NASA GSFC FY04 Serial No. 1 Contract

**1804.7103 Modifications of contracts or agreements.**

\(a\) Modifications of definitive or letter contracts or agreements
shall (1) bear the same identification as the contract or agreement
being modified and (2) be numbered consecutively for each contract or
agreement, beginning with Modification Number 1, regardless of whether
the modification is accomplished by unilateral or bilateral action.
Except for termination notices, modifications shall be effected by the
use of Standard Form 30, Amendment of Solicitation/Modification of
Contract.

\(b\) Definitive contracts superseding letter contracts shall retain the
same contract number as that originally assigned to the letter contract.
Actions definitizing letter contracts are considered modifications and
shall be assigned modification numbers in accordance with paragraph (a)
of this subsection.

**Subpart** **1804.72\--Review and Approval of Contractual Instruments**

**1804.7200 Contract review by Headquarters.**

\(a\) Requests for approval of contracts and supplemental agreements by
the Assistant Administrator for Procurement shall be submitted to the
Headquarters Office of Procurement (Code HS) in sufficient time to allow
a minimum of 15 days for review.

\(b\) Each request for approval shall be accompanied by (1) five copies
of the contractual document, one of which has been executed by the
contractor and contracting officer, and (2) the official contract file
containing the appropriate documentation as set forth in FAR 4.803(a).
However, for the items specified in FAR 4.803(a)10, (11), and (12), the
contracting officer shall provide documentation pertaining only to the
successful offeror; and, in lieu of the items specified in FAR
4.803(a)(26)(ii) and (iii), the contracting officer shall provide an
index briefly describing the content of all previous modifications.

\(c\) The approval required under this section shall be made by
signature of the Assistant Administrator for Procurement on the
contract/supplemental agreement.

### Subpart 1804.73\--Procurement Requests

**1804.7301 General.**

\(a\) Except in unusual circumstances, the contracting office shall not
issue solicitations until an approved procurement request (PR),
containing a certification that funds are available, has been received.
However, the contracting office may take all necessary actions up to the
point of contract obligation before receipt of the PR certifying that
funds are available when -

\(1\) Such action is necessary to meet critical program schedules;

\(2\) Program authority has been issued and funds to cover the
acquisition will be available prior to the date set for contract award
or contract modification;

\(3\) The procurement officer authorizes such action in writing before
solicitation issuance; and

\(4\) The solicitation includes the clause at FAR 52.232-18,
Availability of Funds. The clause shall be deleted from the resultant
contract.

\(b\) The contracting office shall not issue either a draft or final
solicitation until a PR, either planning or final, has been received
that contains an NPG 7120.5 certification. That certification must be
made by the project or program office that initiated the PR, or the PR
approval authority when there is no project or program office. The
certification must state that either -

\(1\) The requested action is not in support of programs and projects
subject to the requirements of NPG 7120.5, or

\(2\) The requested action is in support of programs and projects
subject to the requirements of NPG 7120.5, and -

\(i\) All NPG 7120.5 required documentation is current and has been
approved; or

\(ii\) Authority to proceed without the required documentation has been
granted by the Chair of the Governing Program Management Council or
designee.

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.

1852.204-75 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, JSC, KSC, LARC, MSFC,
SSC, or SSPO). The base shall be a numeric value beginning with
\"52.2,\" with the next two digits corresponding to the number of the
FAR or NFS subject part to which the provision or clause relates. The
suffix shall be a hyphen and sequential number assigned within each
part. NASA installations shall use suffix numbers from -90 to -199. For
example, the first Johnson Space Center (JSC) provision or clause
relating to Part 36 of the FAR or NFS shall be JSC 52.236-90, the second
JSC 52.236-91, and so forth. Provisions and clauses shall be dated in
accordance with FAR 52.101(f).

**(ii)** Contracting officers shall identify provisions and clauses as
in the following examples:

**(A)** *I.2 **BID ENVELOPES (GSFC 52.214-90) (AUGUST 1987)*** This
example is applicable when identifying the title of provisions and
clauses in solicitations and contracts using the uniform contract format
(UCF). The first number (\"I.2\") designates the UCF section and the
sequential clause within that section. \"GSFC 52.214-90\" specifies the
clause number.

**(B)** ***GSFC 52.214-90\--Bid Envelopes (AUGUST 1987)*** This example
is applicable in all instances in which the provision or clause citation
is not associated with the UCF number.

\(c\) Contracting officers shall not number provisions and clauses
developed for individual acquisitions only. For example, \"F.3 Delivery
Procedures for Special Hardware\" cites the third clause in Section F of
a contract using the UCF, but has no clause number or date identified
with it, indicating that the clause was developed for the particular
contract it appears in.

**1852.103-70 Identification of modified provisions and clauses.**

When a FAR clause or provision is included in a solicitation or contract
and the NFS prescribes a modification, the title line shall identify the
modification as shown below. This format shall be used both for
incorporation by reference and when using full text.

\"52.232-28 Electronic Funds Transfer Payment Methods (APR 1989)\--as
modified by NASA FAR Supplement 1832.908(a)\"

**1852.104 Procedures for modifying and completing provisions and
clauses.**

NFS provisions and clauses shall not be modified unless authorized by
the NFS. When authorized, contracting officers must comply with the
procedures in FAR 52.104.

**Subpart 1852.2\--Text of Provisions and Clauses**

**1852.203-70 Display of Inspector General Hotline Posters.**

As prescribed in 1803.7001, insert the following clause:

**DISPLAY OF INSPECTOR GENERAL HOTLINE POSTERS**

**(JUNE 2001)**

\(a\) The Contractor shall display prominently in common work areas
within business segments performing work under this contract, Inspector
General Hotline Posters available under paragraph (b) of this clause.

\(b\) Inspector General Hotline Posters may be obtained from NASA Office
of Inspector General, Code W, Washington, DC, 20546-0001, (202)
358-1220.

**(End of clause)**

**1852.204-75 Security Classification Requirements.**

As prescribed in 1804.404-70, insert the following clause:

**SECURITY** **CLASSIFICATION REQUIREMENTS**

**(SEPTEMBER 1989)**

Performance under this contract will involve access to and/or generation
of classified information, work in a security area, or both, up to the
level of [                           ]{.underline} \[insert the
applicable security clearance level\]. See Federal Acquisition
Regulation clause 52.204-2 in this contract and DD Form 254, Contract
Security Classification Specification, Attachment [     ]{.underline}
\[Insert the attachment number of the DD Form 254\].

**(End of clause)**