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

National Aeronautics and

Space Administration

Washington, DC 20546

##  PN 97-97

###  April 22, 2004

# MISCELLANEOUS ADMINISTRATIVE REVISIONS

***BACKGROUND:*** NASA has modified its current practice for issuance
and maintenance of the NASA FAR Supplement (NFS) by only publishing in
the Federal Register those regulations which may have a significant
effect beyond the internal operating procedures of the Agency or have a
significant cost or administrative impact on contractors or offerors and
are subject to public comment. The NFS will continue to integrate into a
single document both regulations subject to public comment and internal
Agency guidance and procedures that do not require public comment. The
single official NASA-maintained version of the NFS is available on the
Internet. NASA personnel must comply with all regulatory and internal
guidance and procedures contained in the NFS.

The periodic review of the NFS conducted in concert with the above new
practice identified various administrative and editorial changes. In
addition to the changes required for completeness and understanding of
regulatory text, editorial and administrative changes are made to
internal guidance and procedures to correct section numbering, update
document references, amend the solicitation numbering methodology, and
to remove guidance already addressed in the FAR.

***ACQUISITION AFFECTED BY CHANGES:*** All new solicitations.

***ACTION REQUIRED BY CONTRACTING OFFICERS:*** Use the new solicitation
numbering scheme contained in 1804.7102.

***CLAUSE CHANGES:*** This PN makes no changes to clauses or provisions.

***PARTS AFFECTED:*** Parts 1801, 1803 through 1807, 1809, 1811, 1814,
1822 and 1825.

***REPLACEMENT PAGES:*** You may used the enclosed pages to replace 1:1,
1:2, 1:3, 1:4, 3:3, 3:4, 3:5, 4:3, 4:4, 4:7, 4:8, 4:9, 4:10, 4:11, 4:12,
Part 1805, 6:1, 6:2, 6:3, 6:4, Part 1807, 9:3, 9:4, 11:1, 11:2, Part
1814, 15:5, 15:6, 15:7, 15:8, 15:29, 15:30, 16:3, 16:4, 16:5, 16:6,
16:11, 16:12, 17:5, 17:6, 17:9, 17:10, 22:1, 22:2, 22:3, 22:4, Part
1823, 1825:1, and 1825:2 of the NFS.

***TYPE OF RULE AND PUBLICATION DATES:*** These changes were published
as final rules in the Federal Register on April 22, 2004 (69 FR 21761 -
21765).

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

James Balinskas

Director, Contract Management Division

Enclosures

**DISTRIBUTION:**

**PN List**

PART 1801

**FEDERAL ACQUISITION REGULATIONS SYSTEM**

**TABLE OF CONTENTS**

1801.000 Scope of part.

SUBPART 1801.1 PURPOSE, AUTHORITY, ISSUANCE

1801.103 Authority.

1801.104 Applicability.

1801.105 Issuance.

1801.105-1 Publication and code arrangement.

1801.105-2 Arrangement of regulations.

1801.106 OMB approval under the Paperwork Reduction Act.

SUBPART 1801.2 ADMINISTRATION

1801.270 Amendment of the NFS.

1801.271 NASA procedures for FAR and NFS changes.

1801.272 Procurement Information Circulars.

SUBPART 1801.3 AGENCY ACQUISITION REGULATIONS

1801.301 Policy.

1801.303 Publication and codification.

SUBPART 1801.4 DEVIATIONS FROM THE FAR

1801.400 Scope of subpart.

1801.471 Procedure for requesting deviations.

SUBPART 1801.6 CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND
RESPONSIBILITIES

1801.601 General.

1801.602-3 Ratification of unauthorized commitments.

1801.603 Selection, appointment, and termination of appointment.

1801.603-2 Selection.

1801.670 Delegations to contracting officer\'s technical representatives

(COTRs).

SUBPART 1801.7 DETERMINATIONS AND FINDINGS

1801.707 Signatory authority.

1801.770 Legal review.

**PART 1801**

**FEDERAL ACQUISITION REGULATIONS SYSTEM**

**1801.000 Scope of part.**

This part sets forth general informa­tion about the National Aeronautics
and Space Administration (NASA) Federal Acquisition Regulation (FAR)
Supplement, also referred to as the NFS.

**Subpart** **1801.1\--Purpose, Authority, Issu­ance**

**1801.103 Authority.**

\(a\) Under the following authorities, the Ad­minis­tra­tor has delegated
to the Assistant Administrator for Procurement authori­ty to prepare,
issue, and main­tain the NFS:

**(i)** The National Aeronautics and Space Act of 1958 (Pub. L. 85-568;
42 U.S.C. 2451 et seq.).

**(ii)** 10 U.S.C. chapter 137.

**(iii)** Other statutory authority.

**(iv)** FAR Subpart 1.3.

**1801.104 Applicability.**

The NFS ap­plies to all acquisitions as defined in FAR Part 2 ex­cept
those express­ly excluded by the FAR or this regulation.

**1801.105 Issuance.**

**1801.105-1 Publication and code arrange­ment.**

(b)(i) The NFS is an integrated document that contains both acquisition
regulations that require public comment and internal Agency guidance and
procedures that do not require public comment. NASA personnel must
comply with all regulatory and internal guidance and procedures
contained in the NFS.

\(ii\) NFS regulations that require public comment are issued as Chapter
18 of Title 48, CFR.

\(iii\) The single official NASA-maintained version of the NFS is on the
Internet (http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm).

**1801.105-2** **Arrangement of regulations.**

(b)(1)**(A)** Numbering of NFS text imple­menting the FAR shall be the
same as that of the related FAR text, except when the NFS coverage
exceeds one para­graph. In such case the NFS text is num­bered by skipping
a unit in the FAR 1.105-2(b)(2) pre­scribed numbering sequence. For
exam­ple, two paragraphs implementing FAR 1.105-2(b)(1) are numbered
1801.105-2(b)(1)(A) and (B), rather than (1)(i) and (ii). Further
subdivision of the NFS imple­menting paragraphs would follow the
pre­scribed sequence in FAR 1.105(b)(2).

**(B)** NFS text that supplements the FAR part is num­bered the same as
its FAR counterpart with the addi­tion of a number 70 and up. For
example, NFS supple­ment of FAR subsection 1.105-3 is numbered
1801.105-370. Sup­plemental text ex­ceeding one para­graph is numbered
using the FAR 1.105-2(b)(2) prescribed numbering sequence with­out
skipping a unit.

\(2\) Subdivision numbering below the fourth level repeats the numbering
sequence using itali­cized letters and numbers.

**1801.106 OMB approval under the Paper­work Reduction Act.**

**(1)** *NFS requirements.* The following OMB control numbers apply:

  ---------------------------------- ------------------------------------
  **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 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.

through (viii).\
**        (x)  ** Duly designated ombudsman.

(c)**(i) **The originator of information that may be source selection
information shall consult with the contracting officer or the
procurement officer, who shall determine whether the information is
source selection information. NASA personnel responsible for preparing
source selection information as defined in FAR 2.101 shall assure that
the material is marked with the legend in FAR 3.104-4(c) at the time the
material is prepared.\
**       (ii) ** Unless marked with the legend \"SOURCE SELECTION
INFORMATION \-- SEE FAR 2.101 and 3.104,\" draft specifications,
purchase descriptions, and statements of work are not considered source
selection information and may be released during a market survey in
order to determine the capabilities of potential competitive sources
(see FAR Subpart 7.1). All documents, once released, must remain
available to the public until the conclusion of the acquisition.

**1803.104-7  Violations or possible violations.**\
  (a)(1)  The Procurement Officer is the individual designated to
receive the contracting officer\'s report of violations.\
  (b)  The head of the contracting activity (HCA) or designee shall
refer all information describing an actual or possible violation to the
installation\'s counsel and inspector general staff and to the Assistant
Administrator for Procurement (Code HS).\
  (f)  When the HCA or designee determines that award is justified by
urgent and compelling circumstances or is otherwise in the interest of
the Government, then that official shall submit a copy of the
determination to the Assistant Administrator for Procurement (Code HS)
simultaneous with transmittal to the Administrator.

> **Subpart ****1803.2\--Contract or Gratuities to Government
> Personnel**

**1803.203 Reporting suspected violations of the Gratuities clause.**

Any suspected violations of the clause at FAR 52.203-3, Gratuities,
shall be reported to the installation\'s Office of Inspector General.

> **Subpart ****1803.3\--Reports of Suspected Antitrust Violations**

**1803.303   Reporting suspected antitrust violations.**\
(b)**(i) ** When offers are received that, in the opinion of the
contracting officer, indicate possible antitrust violations, the
contracting officer shall report the circumstances to the General
Counsel, NASA Headquarters, through the Office of Procurement (Code HS).
Reports should not be submitted automatically but only when there is
reason to believe the offers may not have been arrived at independently.
These reports shall be submitted with conformed copies of bids or
proposals, contract documents, and other supporting data, and shall set
forth \--\
**(A) ** The noncompetitive pattern or situation under consideration;\
**            (B) ** Purchase experience in the same product or service
for a reasonable period (one or more years) preceding receipt of the
offers under consideration, including unit and total contract prices and
abstracts of bids;\
**            (C) ** Community of financial interest among offerors,
insofar as it is known;\
**            (D) ** The extent, if any, to which specification
requirements or patents restrict competition;\
**           (E) ** Any information available about the pricing system
employed in offers believed to reflect noncompetitive practices; and\
**           (F) ** Any other pertinent information.\
**       (ii) ** Evidence of practices that, in the opinion of the
General Counsel, NASA Headquarters, may violate the antitrust laws shall
be forwarded to the Attorney General of the United States (see FAR
3.303).\
(d)  The contracting officer shall submit the identical bid report
required by FAR 3.303(d) to NASA Headquarters, Office of Procurement
(Code HS). The report shall include the reasons for suspecting
collusion. Code HS shall forward a copy to the NASA Office of the
Inspector General.

**Subpart ****1803.5\--Other Improper Business Practices**

**1803.502  Subcontractor kickbacks.**\
Contracting officers shall report suspected violations of the
Anti-Kickback Act in accordance with 1809.470.

> **Subpart ****1803.6\--Contracts with Government Employees or**\
> **Organizations Owned or Controlled by Them**

**1803.602  Exceptions.**\
The Assistant Administrator for Procurement has been delegated the
authority to authorize an exception to the policy in FAR 3.601. The
Assistant Administrator for Procurement has redelegated this authority
to the heads of contracting activities (HCAs) for individual actions in
the aggregate of \$100,000 and below, inclusive of follow-on
acquisitions, with concurrence by the HCA\'s Office of Chief Counsel. 
All requests above the HCA\'s authority shall be forwarded to the
Assistant Administrator for Procurement (Code HS) for approval.

> **Subpart ****1803.7\--Voiding and Rescinding Contracts**

**1803.704   Policy.**\
  (a) The Assistant Administrator for Procurement has been delegated
authority to void or rescind contracts when there is a final conviction
for violation of 18 U.S.C. 201-224 (Bribery, Graft and Conflicts of
Interest) relating to them.

**1803.705   Procedures.**\
  (a)  Procurement officers shall make reports to the Assistant
Administrator for Procurement (Code HS). The Assistant Administrator for
Procurement is responsible for the actions, notices, and decisions
required by FAR 3.705(c), (d), and (e).

**Subpart ****1803.8\--Limitation on the Payment of Funds\
to Influence Federal Transactions**

**1803.804   Policy.**\
  (b) Procurement officers shall forward one copy of each Disclosure of
Lobbying Activities (SF-LLL) furnished pursuant to FAR 3.803 to the
Office of Procurement (Code HS). The original shall be retained in the
contract file. Forms shall be submitted semi-annually by April

15th for the six-month period ending March 31st, and by October 15th for
the period ending September 30th.

**1803.806  Processing suspected violations.**\
The Assistant Administrator for Procurement (Code HS) is the designated
official to whom suspected violations of the Act shall be referred.

**Subpart** **1803.70\--IG Hotline Posters**

**1803.7000 Policy.**

NASA requires contractors to display NASA hotline posters prepared by
the NASA Office of Inspector General on those contracts specified in
1803.7001, so that employees of the contractor having knowledge of
waste, fraud, or abuse, can readily identify a means to contact NASA\'s
IG.

**1803.7001 Contract clause.**

Contracting officers must insert the clause at 1852.203-70, Display of
Inspector General Hotline Posters, in solicitations and contracts
expected to exceed \$5,000,000 and performed at contractor facilities in
the United States.

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; NPR 1620.1, Security Procedural
Requirements; NPR 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 NPR 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 NPR
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 NPR 2810.1, for systems for
which the contractor has primary operational responsibility on behalf of
NASA.

\(a\) 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 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 NPR 1441.1,
NASA 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.**

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.

1804.7102 Numbering scheme for solicitations.

\(a\) Solicitations shall use the following twelve character
alpha-numeric numbering scheme:

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

\(2\) The third character shall designate the Center/Installation
issuing the solicitation as follows: A=ARC, C=GRC, D=DFRC, G=GSFC, H=HQ,
J=JSC, K=KSC, L=LaRC, M=MSFC, N=NMO, S=SSC, T=Office of Exploration
Systems, and X=NSSC.

\(3\) The fourth and fifth characters shall be two numeric characters
for the FY in which the solicitation is expected to be issued.

\(4\) The sixth through eleventh characters shall be the last six digits
of the purchase request (PR) number, except for cases where the
solicitation is to be issued without an assigned PR number, for example
NASA Research Announcements (NRAs) and Announcements of Opportunity
(AOs). In those cases: the sixth character shall be the letter Z; the
seventh and eighth characters shall represent the issuing organization's
code; and the ninth through eleventh characters shall be an action
number (001-999), assigned sequentially by the issuing organization.

\(5\) The twelfth character shall be one alpha character for type of
solicitation, as follows:

##  C= CAN

##  E = IFB

J = Draft RFP

K = BAA (other than AOs or NRAs) or other grant announcements

L = RFI

N = NRA

O = AO

Q = RFQ

R= RFP

\(b\) The solicitation number is also referred to as the "collective"
number within the Integrated Financial Management (IFM) system. Since
the "collective" field in IFM is limited to ten characters, omit the
first two characters (NN) when the solicitation number is entered into
the "collective" field.

**1804.7103 Numbering scheme for awards.**

\(a\) The identification number for awards shall consist of exactly ten
alpha-numeric characters. Identification numbers shall be serially
assigned to the extent feasible. Installations may designate blocks of
numbers to offices for future use.

\(b\) The identification number shall consist of the following:

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

\(2\) The third character shall be as set forth in 1804.7102(a)(2) .

\(3\) The fourth and fifth characters shall be two 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 four digits for action
number; two alphas, two numbers (AA01, AA02 \... AA99, AB01, AB02, ...
AZ99, BA01, BA02, etc. through ZZ99)

(5) The tenth character shall be an alpha character for type of action,
    as follows:

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 or call against a service (including R&D) contract (BOA,
FSS, or other indefinite delivery contract or BPA).

Z - BPA.

\(b\) 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

**1804.7104 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 NPR 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 NPR 7120.5, or

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

\(i\) All NPR 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 1805

# PUBLICIZING CONTRACT ACTIONS

**TABLE OF CONTENTS**

**SUBPART 1805.1 DISSEMINATION OF INFORMATION**

1805.101 Methods of disseminating information.

**SUBPART 1805.2 SYNOPSES OF PROPOSED CONTRACTS**

1805.207 Preparation and transmittal of synopses.

1805.207-70 Synopses of Architect-Engineer Services.

**SUBPART 1805.3 SYNOPSES OF CONTRACT AWARDS**

1805.303 Announcement of contract awards.

1805.303-70 Definitions.

1805.303-71 Actions requiring Administrator notification and NASA
Headquarters public announcement.

1805.303-72 Administrator notification and NASA Headquarters public
announcement procedures.

**SUBPART 1805.4 RELEASE OF INFORMATION**

1805.402 General public.

1805.403 Requests from Members of Congress.

**SUBPART 1805.5 PAID ADVERTISEMENTS**

1805.502 Authority.

**PART 1805**

# PUBLICIZING CONTRACT ACTIONS

# Subpart 1805.1\--Dissemination of Information

**1805.101 Methods of disseminating information.**

(b)(4) For NASA policy regarding paid advertisements, see 1805.502.

# Subpart 1805.2\--Synopses of Proposed Contracts

**1805.207 Preparation and transmittal of synopses.**

\(a\) Synopses shall be transmitted in accordance with 1804.570.

(c)(14) Notices for non-competitive solicitations, including
non-competitive follow-on actions to contracts initially awarded
utilizing full and open competition, shall provide sufficient
information regarding the proposed requirement to allow potential
sources to determine whether they possess the requisite capabilities and
to make an informed business decision regarding whether to respond.

**1805.207-70 Synopses of Architect-Engineer Services.**

\(a\) *Architect-Engineer Services.*

\(1\) Each notice publicizing the acquisition of architect-engineer
services shall be headed *\"C. Architect-Engineer Services.\"*

\(2\) In addition to meeting the requirements of FAR 5.207(c), the
project description shall\--

\(i\) State the relative importance the Government attaches to the
significant evaluation criteria and the date by which responses to the
notice must be received, including submission of Standard Form 255,
Architect-Engineer and Related Services Questionnaire for Specific
Project, if required;

\(ii\) Describe any specialized qualifications, security
classifications, and limitations on eligibility for consideration;

\(iii\) Describe qualifications or performance data required from
architect-engineer firms; and

\(iv\) If the acquisition is to be set aside for small business, state
this fact, indicating the specific size standard to be used and
requiring that eligible responding firms submit a small business
representation.

\(3\) Contracting officers shall add at the end of the synopsis:

See Note 24. Provisions of Note 24 apply to this notice except that (a)
in the sentence beginning \"Selection of firms for negotiations,\" the
fourth additional consideration listed is changed to read: \"(4) past
experience, if any, of the firm with respect to performance on contracts
with NASA, other Government agencies, and private industry;\" and (b) in
the last sentence, \"National Aeronautics and Space Administration\" is
substituted for \"Department of Defense.\"

# Subpart 1805.3\--Synopses of Contract Awards

**1805.303 Announcement of contract awards.**

(a)**(i)** In lieu of the \$3 million threshold cited in FAR 5.303(a),
NASA Headquarters public announcement is required for award of contract
actions that have a total anticipated value,

including unexercised options, of \$25 million or greater.

1805.303-70 Definitions.

**"Anticipated values,"** as used in this subpart, means:

\(a\) The estimated value of the contract (including unexercised
options),

\(b\) The expected definitized value of a letter contract or
undefinitized contract action; or

\(c\) The maximum value of the basic contract for indefinite delivery
contracts, time and material, labor hour, and similar contracts.

**\"Contract actions,\"** as used in this subpart, means new awards
(including letter contracts), new work contract modifications, or orders
placed under multiple award contracts.

1805.303-71 Actions requiring Administrator notification and NASA
Headquarters public announcements.

(a)(1) All contract actions with anticipated values of \$25 million or
greater (including unexercised options) or an option exercise of \$25
million or greater require NASA Headquarters public announcements.

\(2\) Competitive contract actions with anticipated values of \$25
million or greater (including unexercised options) require Administrator
notification.

\(3\) Non-competitive contract actions with anticipated values greater
than \$100 million (including unexercised options) require Administrator
notification.

\(4\) If the contracting officer considers that a contract action or
other action at any dollar amount is of significant interest to
Headquarters or has agency public information implications, the NASA
Headquarters Office of Procurement (Code HS) should be contacted to
discuss possible Administrator notification and/or NASA Headquarters
public announcement. Examples of other actions include \--

(i) Terminations,

(ii) Contract modifications,

\(iii\) Exercise of options,

\(iv\) Cost overrun modifications, or

\(v\) Orders placed under single or multiple award contracts (including
GSA).

\(b\) Administrator notification and NASA Headquarters public
announcement is not required for individual orders placed under single
or multiple award contracts. However, once the anticipated value is
reached on these contracts, any subsequent modifications or orders of
\$25 million or greater must be announced.

\(c\) Contract actions requiring Administrator notification and/or
Headquarters public announcement shall not be distributed nor shall any
source outside NASA be notified of their status until the procedures in
1805.303-72 are completed.

**1805.303-72 Administrator notification and NASA Headquarters public
announcement procedures.**

\(a\) *Administrator notification procedures*.

\(1\) The contracting officer shall send the information listed in items
(c)(1) through (10) of this section to the Headquarters Office of
Procurement (Code HS) via NASA Public Key Infrastructure (PKI) or
facsimile at least five (5) workdays prior to planned public
announcement. After October 1, 2004, facsimile will no longer be
acceptable. The electronic transmittal must include the desired date for
announcing the award and the cognizant HQ Enterprise or funding
organization. The contracting officer shall contact Code HS by telephone
immediately prior to the impending electronic transmission. The contact
must be "live"; leaving a voicemail is not sufficient, as there is no
guarantee that a person so notified will be available to properly
receive and handle the Administrator notification.

\(2\) In accordance with FAR 3.104-5(c), the contracting officer shall
mark all pages that include source selection information with the legend
"SOURCE SELECTION INFORMATION -- SEE FAR 2.101 AND 3.104."

\(3\) The contracting officer shall not proceed with any awards,
contract modifications, orders or announcements until Code HS confirms
that the Administrator has been notified of the proposed action and
coordination identified in (b)(3) has occurred with the Headquarters
Office of Legislative Affairs regarding any required public
announcement.

\(b\) *NASA HQ Public Announcement Procedures*.

\(1\) After confirmation is received that the Administrator has been
notified of the proposed action, the contracting officer shall develop a
draft news release that includes the information listed in (c)(1)
through (8) of this section for those actions that require NASA
Headquarters public announcement. The news release must be annotated
with the legend "SOURCE SELECTION INFORMATION -- SEE FAR 2.101 AND
3.104".

\(2\) The draft news release shall be provided to the installation
Public Affairs Office no later than 72 hours before the desired public
announcement, which will then coordinate with the Headquarters Office of
Public Affairs no later than 48 hours before the public announcement.

\(3\) The Headquarters Office of Legislative Affairs (Code L) will
coordinate the date of public announcement with the Headquarters Office
of Public Affairs (Code PM). The Headquarters Office of Public Affairs
will then coordinate with the installation Public Affairs Office.

\(i\) Code L will coordinate the timing for notifying offerors with the
contracting officer such that the offerors are notified prior to
Congress, and Congress is notified prior to public announcement.

\(ii\) Offerors should not be notified until the coordination identified
in 3(i) has occurred.

\(iii\) Installations may proceed with award and local release of the
information after Code PM makes the public announcement, which occurs at
4:00 PM ET on the agreed upon date.

\(4\) Installations must request authorization from the Assistant
Administrator for Procurement (Code HS), who will then coordinate an
earlier release with the Headquarters Office of Public Affairs and the
Office of Legislative Affairs, if a public announcement and award
earlier than 4:00 PM ET on the agreed upon date is considered
appropriate (e.g., letter contracts).

\(5\) The draft news release required by paragraph (b)(1) of this
section shall be provided to the Headquarters Office of Procurement
(Code HS) with the request for approval, for contract actions requiring
Headquarters approval in accordance with 1804.72.

\(c\) *Administrator notification and NASA Headquarters public
announcement documentation requirements.* The Administrator notification
and NASA Headquarters public announcement documents shall include the
following information --

\(1\) Title and brief nontechnical description of the work, including
identification of the program, project and period of performance;

\(2\) Identification of the action (e.g. new contract, contract
modification, termination, exercise of an option, etc.);

\(3\) Contract type. For undefinitized contract actions, identify the
planned contract type of the definitized instrument;

\(4\) Name and address (including 9-digit zip code) and business size
status of the prime contractor and each major subcontractor greater than
\$1 million;

\(5\) The dollar amount authorized for the instant action and the
estimated total cost of the contract including all priced options. For
undefinitized contract actions, indicate the NTE or ceiling price
amount;

\(6\) Principal work performance locations;

\(7\) A brief description of any unusual circumstances, if applicable;

\(8\) The names and telephone numbers of the contracting officer and the
manager responsible for the technical requirements;

\(9\) Small business and small disadvantaged business subcontracting
goals both in dollars and percentage of the value of the action
(including all options);

\(10\) [For competitive selections only]{.underline}, provide the names
and addresses of all unsuccessful offerors and a brief explanation of
the general basis for the selection.

# Subpart 1805.4\--Release of Information

**1805.402 General public.**

**(1)** Unless the head of the contracting activity determines that
disclosure would be prejudicial to the interests of NASA, the following
information on NASA acquisitions may be released:

**(i)** The names of firms invited to submit offers, and

**(ii)** The names of firms that attended any pre-bid or pre-proposal
conferences.

**(2)** Other requests for information under the Freedom of Information
Act shall be processed in accordance with FAR 24.2 and 1824.2.

**1805.403 Requests from Members of Congress.**

\(a\) All proposed replies to congressional inquiries shall be prepared
and forwarded, with full documentation, to the Headquarters Office of
Legislative Affairs (Code L) for approval and release.

# Subpart 1805.5\--Paid Advertisements

**1805.502 Authority.**

Use of paid advertisements for procurement purposes (except CBD
announcements) is not authorized in NASA.

PART 1806

**COMPETITION REQUIREMENTS**

# TABLE OF CONTENTS

SUBPART 1806.2 FULL AND OPEN COMPETITION AFTER EXCLUSION

**OF SOURCES**

1806.202 Establishing or maintaining alternative sources.

1806.202-70 Formats.

**SUBPART 1806.3 OTHER THAN FULL AND OPEN COMPETITION**

1806.302 Circumstances permitting other than full and open
competition.  

1806.302-4 International agreement.

1806.302-7 Public interest.

1806.303 Justifications.

1806.303-1 Requirements.

1806.303-170 Sole-source purchases by contractors.

1806.303-2 Content.

1806.303-270 Use of unusual and compelling urgency authority.

1806.304-70 Approval of NASA justifications.

**SUBPART 1806.5 COMPETITION ADVOCATES**

1806.501 Requirement.

1806.502 Duties and Responsibilities.

**PART 1806**

## COMPETITION REQUIREMENTS

**Subpart 1806.2\--Full and Open Competition After Exclusion of
Sources**

**1806.202 Establishing or maintaining alternative sources.**

\(a\) The authority of FAR 6.202 is to be used to totally or partially
exclude a particular source.

\(b\) The supporting data and the D&F must name the source to be
excluded and shall include the following information as applicable and
any other relevant information:

**(i)** The specific purpose to be served in excluding the source as
enumerated in FAR 6.202(a).

**(ii)** The acquisition history of the supplies or services, including
sources, prices, quantities, and dates of award.

**(iii)** The circumstances making it necessary to exclude a particular
source from the contract action:

**(A)** Reasons for lack of sources; e.g., the technical complexity and
criticality of the item.

**(B)** Current annual requirement and prospective needs for the
supplies and services.

**(C)** Projected future requirements.

**(iv)** Whether the existing source must be totally excluded from the
action or whether a partial exclusion is sufficient.

**(v)** The potential effect of exclusion on the excluded source in
terms of any loss of capability to furnish the supplies or services in
subsequent contract actions.

**(vi)** When the authority of FAR 6.202(a)(1) is cited, the basis for
\--

**(A)** Assumptions regarding future competition; and

**(B)** The determination that exclusion of a particular source will
likely result in reduced overall costs for anticipated future
acquisitions, including (as a minimum) discussion of start-up costs,
costs associated with facilities, duplicative administration costs (such
as for additional inspection or testing), economic order quantities, and
life-cycle-cost considerations.

**(vii)** When an additional source or additional sources must be
established to provide production capacity to meet current and
mobilization requirements\--

**(A)** The current annual and the mobilization requirements for the
item, citing the source of, or the basis for, the planning data;

**(B)** A comparison of current production capacity with current and
mobilization requirements; and

**(C)** The hazards of relying on the present source and the time
required for new sources to acquire the necessary facilities and skills
and achieve the production capacity necessary to meet requirements.

**1806.202-70 Formats.**

A sample format for D&Fs citing the authority of FAR 6.202(a) follows:

**National Aeronautics and Space Administration**

**Washington, DC 20546**

## Determination and Findings

**Authority to Exclude a Source**

On the basis of following findings and determination, which I make under
the authority of 10 U.S.C. 2304(b)(1) as implemented by FAR 6.202, the
proposed contract action described below may be awarded using full and
open competition after exclusion of [    (1)    ]{.underline} .

**Findings**

1\.  It is proposed that the following requirement be acquired using
full and open competition after exclusion of the source identified
above.

2\.  The source identified above can be expected to receive an award for
this requirement unless excluded.

3\.  It is necessary to establish or maintain an alternative source or
sources.

4\.  The exclusion of this source will increase or maintain competition
and is likely to result in reduction of [    (2)    ]{.underline} in
overall costs for any anticipated acquisition of the supplies or
services being acquired. This estimate is based on
[    (3)   ]{.underline}.

(See Note 4 for the use of Alternates I and II below.)

**Alternate I:**  The exclusion of this source will serve the national
defense interest by having an alternative supplier available for
furnishing the supplies or services being acquired, in case of a
national emergency or industrial mobilization, because
[    (5)   ]{.underline}.

**Alternate II:**  The exclusion of this source will serve the national
defense interest by establishing or maintaining an essential
engineering, research, or development capability of an educational or
other nonprofit institution or a federally funded research and
development center, because [    (5)    ]{.underline} .

## Determination

The exclusion of the source identified above will increase or maintain
competition and is likely to result in reduced overall costs for any
anticipated acquisition of the supplies or services being acquired.

(See Note 4 for the use of Alternates I and II below.)

**Alternate I:** It is in the interest of the national defense to
exclude the source identified above in order to have an alternative
supplier available for furnishing the supplies or services being
acquired, in case of a national emergency or industrial mobilization.

**Alternate II:** It is in the interest of national defense to exclude
the source identified above in order to establish or maintain an
essential engineering, research, or development capability to be
provided by an educational or other nonprofit institution or a federally
funded research and development center.

Date\_\_\_\_\_\_\_\_\_\_\_

**NOTES:**

1\. Name of source to be excluded.

2\. Description of estimated reduction in overall costs.

3\. Description of how estimate was derived.

4\. In paragraph 4 and in the Determination, the basic wording is
appropriate when FAR 6.202(a)(1) applies; Alternate I is appropriate
when FAR 6.202(a)(2) applies; and Alternate II is appropriate when FAR
6.202(a)(3) applies.

5\. Description of circumstances necessitating the exclusion of the
identified source.

**Subpart 1806.3\--Other Than Full and Open Competition**

**1806.302 Circumstances permitting other than full and open
competition.**

**1806.302-4 International agreement.**

\(c\) Pursuant to 10 U.S.C. 2304(f)(2)(E), an individual justification
for other than full and open competition under the authority of FAR
6.302-4 is not required when the procurement officer signs a Memorandum
for the Record that describes the specific terms of the international
agreement or treaty that limit acquisitions in support of, or as a
result of, the agreement or treaty to less than full and open
competition.

**1806.302-7 Public interest.**

(c)(2) The notice to Congress shall be made by NASA Headquarters, Office
of Legislative Affairs (Code L). Code HS shall request the notice to be
made immediately upon approval of a D&F and shall advise the contracting
activity of the date upon which the notification period ends.

\(3\) The contracting officer shall prepare the D&F required by FAR
6.302-7(c)(1) in any format that clearly documents the determination and
the supporting findings.

**1806.303  Justifications.**

**1806.303-1 Requirements.**

\(b\) Justifications for using less than full and open competition may
be prepared by the technical office initiating the contract action when
it is recommending the use of the justification authority, or by the
contracting officer if the technical office does not make such a
recommendation.

\(d\) The contracting officer shall send a copy of each approved
justification or D&F that cites the authority of FAR 6.302-3(a)(2)(i) or
FAR 6.302-7 to NASA Headquarters, Office of Procurement (Code HK),
unless one of the exceptions at FAR 25.401 applies to the acquisition.
The transmittal shall indicate that the justification is being furnished
under FAR 6.303-1(d).

**1806.303-170 Sole-source purchases by contractors.**

The requirements of FAR Part 6 and NFS Part 1806 apply if NASA directs a
prime contractor (by specifications, drawings, parts lists, or
otherwise) to purchase items on a sole-source basis. Accordingly,
procurement officers shall take necessary actions to ensure that such
sole-source acquisitions are properly justified.

**1806.303-2 Content.**

**1806.303-270 Use of unusual and compelling urgency authority.**

If the authority at FAR 6.302-2 is used for extending the performance
period of an existing services contract, the justification shall contain
the information required by FAR 6.303-2 and;

\(a\) Documentation that the acquisition process for the successor
contract was started early enough to allow for adequately planning and
conducting a full and open competition, together with a description of
the circumstances that prevented award in a timely manner; and

\(b\) Documentation of the reasons why no other source could practicably
compete for the interim requirement.

PART 1807

# ACQUISITION PLANNING

# TABLE OF CONTENTS

**SUBPART 1807.1 ACQUISITION PLANS**

1807.103 Agency-head responsibilities.

1807.104 General procedures.

1807.105 Contents of written acquisition plans.

1807.107 Additional requirements for acquisitions involving bundling.

1807.107-70 Orders against Federal Supply Schedule contracts or other

indefinite-delivery contracts awarded by another agency.

1807.170 Acquisition Strategy Meeting (ASM).

**SUBPART 1807.2 PLANNING FOR THE** **PURCHASE OF SUPPLIES IN**

#  ECONOMIC QUANTITIES

1807.204 Responsibilities of contracting officers.

**SUBPART 1807.5 INHERENTLY GOVERNMENTAL FUNCTIONS**

1807.503 Policy.

SUBPART 1807.70 CONSOLIDATED CONTRACTING

1807.7000 General.

**SUBPART 1807.71 MASTER BUY PLAN**

1807.7100 General.

1807.7101 Applicability.

1807.7102 Submission, selection, and notification procedures.

1807.7102-1 Submission of Master Buy Plan.

1807.7102-2 Submission of amendments to the Master Buy Plan.

1807.7102-3 Selection and notification procedures.

1807.7103 Format of Master Buy Plan.

SUBPART 1807.72 ACQUISITION FORECASTING

1807.7200 Policy.

1807.7201 Definitions.

1807.7202 Responsibilities.

1807.7203 Forecast data.

## PART 1807

#  ACQUISITION PLANNING

## Subpart 1807.1\--Acquisition Plans

**1807.103 Agency-head responsibilities.**

(d)**(i)** Except as provided in paragraph (d)(iii) of this section,
acquisition plans shall be prepared according to the following:

**(A)** For acquisitions requiring Headquarters approval, by an
Acquisition Strategy Meeting (ASM) (see 1807.170);

**(B)** For acquisitions not requiring Headquarters approval and
expected to exceed \$5 million, by installation-approved ASMs or written
acquisition plans; and,

**(C)** For acquisitions not expected to exceed \$5 million, in
accordance with installation procedures.

**(ii)** The estimated dollar amounts shall include all options and
later phases of the same program or project.

**(iii)** Acquisition plans are not required for the following
acquisitions:

**(A)** Architect-engineering services;

**(B)** Broad agency announcements (see 1835.016) or unsolicited
proposals;

**(C)** Basic research from nonprofit organizations;

**(D)** Utility services available from only one source;

**(E)** From or through other Government agencies except when the value
of the acquisition meets the Master Buy Plan threshold (see 1807.710(a);

**(F)** Industrial facilities required in support of related contracts;
or

**(G)** MidRange procedure awards (see 1871). However, acquisition plans
are required for commercial item acquisitions that exceed the MidRange
dollar thresholds for noncommercial items.

**(iv)** Acquisition plans shall be approved before soliciting
proposals.

**(v)** Approval of an acquisition plan does not constitute approval of
any special conditions, or special clauses that may be required unless
the plan so specifies, and the individual having approval authority is a
signatory of the plan. All required deviations shall be approved through
the procedures described in FAR 1.4 and 1801.4.

**(vi)** A single acquisition plan may be used for all phases of a
phased acquisition provided the plan fully addresses each phase, and no
significant changes occur after plan approval to invalidate the
description of the phases. If such significant changes do occur, the
plan shall be amended and approved at the same level as the original
plan.

\(e\) Acquisition plans should be prepared on a program or system basis
when practical. In such cases, the plan should fully address all
component acquisitions of the program or system.

**1807.104 General procedures.**

\(a\) The acquisition planning team shall obtain input from the center
offices responsible for matters of safety and mission assurance,
occupational health, environmental protection, information technology,
export control, and security. Their presence on the team shall help to
ensure that all NASA acquisitions are structured in accordance with NASA
safety, occupational health, environmental, export control, and security
policy. As part of this process, the team shall recommend any
appropriate solicitation or contract requirements for implementation of
safety, occupational health, environmental, information technology,
export control, and security concerns. (See NPR 8715.3, NASA Safety
Manual; NPR 7120.5, NASA Program and Project Management Processes and
Requirements; NPR 2810.1, Security of Information Technology, and NPR
1620.1, Security Procedural Requirements, all available at
www.nodis.hq.nasa.gov).

**1807.105 Contents of written acquisition plans.**

Acquisition plans shall address each applicable topic listed in FAR
7.105, as supplemented by this section. Plans shall be structured by
subject heading using each italicized topic heading in the same sequence
as presented in the FAR. Subheadings should be used when appropriate
(e.g., the separate items under contracting considerations at
7.105(b)(4)). Topics not applicable to a given acquisition (e.g.,
design-to-cost and should-cost are not compatible with service
acquisitions), should be marked N/A. The requirements in FAR 7.105
regarding performance-based contracting methods shall not be limited to
acquisition plans for service contracts.

(a)(1) Describe in nontechnical terms the supplies or services to be
acquired. Include quantities.

(a)(2) NPR 7120.5 shall be an integral part of acquisition planning for
programs and projects subject to its requirements. If the NPR does not
apply, the acquisition plan shall clearly state that fact. If the NPR
does apply, specify whether all required NPR 7120.5 documentation is
current and approved (see 1804.7301(b)(2)(i)). If not, describe the
approach for obtaining approval or the authority to proceed without
approval before release of draft or final solicitations. For programs
and projects under the NPR, all draft or final solicitations subject to,
or directly or substantially in support of, those programs or projects
shall clearly identify the program or project of which they are part.

(a)(3) Identify the estimated cost and describe the estimating
methodology.

(a)(5) Specify the delivery or performance period requirements
separately by the basic contract, each option, and the total. Provide
supporting rationale, which describes the relationship between the
technical requirements and the proposed period of performance, including
the basis for the decision regarding duration and the appropriateness of
the inclusion of options.

(a)(7) Discuss project/program risks (see NPR 7120.5, NASA Program and
Project Management Processes and Requirements). In addition to
technical, schedule, and cost risks, the discussion shall include such
considerations as: safety and security (including personnel, information
technology, and facilities/property); the need to involve foreign
sources (contractor and/or governmental), and risks of unauthorized
technology transfer (see NPD 2110.1D and Export Control Program
(http://www.hq.nasa.gov/office/codei/nasaecp/ecpolicy.html)); and
resource risk, including the necessary level and expertise of NASA
personnel resources available to manage the project/program. For each
area of risk identified, the discussion shall include a quantification
of the relative magnitude (e.g., high, medium, low) together with the
specific actions taken to structure the acquisition approach to manage
the risks throughout the acquisition process. For example, this
discussion would identify those areas that have safety risk, discuss how
safety is addressed in contract requirements and evaluated in the source
selection, and how it will be managed and incentivized during contract
performance. Decisions to accept, mitigate, track, and/or research risk
factors shall be identified and documented as part of acquisition
planning.

(a)(8) Streamlining applies to all NASA acquisitions. Describe all
planned streamlining procedures.

(b)(3) Address how cost realism will be evaluated.

(b)(4)**(A)** If an incentive contract is planned, describe the planned
incentive(s) and the anticipated effects.

**(B)** Describe subcontracting issues, including all applicable
subcontracting goals. (See FAR Part 19 and Part 1819).

(b)(5)**(A)** Identify the estimated cost separately by the basic
contract, each option and total amount.

**(B)** Identify the funding by fiscal year and unique project number
(UPN).

**(C)** Discuss planned approaches to eliminate funding shortfalls (vs.
the estimated cost).

(b)(6) Identify the type of work statement/specification planned.
Specifically address the applicability of performance-based requirement
descriptions and the availability of commercial sources for the
supplies/services.

(b)(10) Address contract management issues, including **\--**

**(A)** Planned delegations of administrative functions; and

**(B)** When contract changes are anticipated, the plan to manage such
changes and the specific measures that will be taken to minimize the
issuance of undefinitized contract actions.

\(b\) (20) If the period between release of solicitation to contract
award is more than 120 calendar days (180 days for formal SEB
competitions), explain why that goal cannot be met.

**1807.107 Additional requirements for acquisitions involving
bundling.**

\(c\) Requests for approval of proposed bundlings that do not meet the
thresholds in FAR 7.107(b) must be sent to the Headquarters Office of
Procurement (Code HS).

\(e\) The substantial bundling documentation requirements applies to
each proposed NASA bundling expected to exceed \$5 million or more. The
contracting officer must forward the documentation along with the
measurable benefits analysis required by FAR 7.107(b) to the
Headquarters Office of Procurement (Code HS) in sufficient time to allow
a minimum of 10 days for review.

**1807.107-70 Orders against Federal Supply Schedule contracts or other
indefinite-delivery contracts awarded by another agency.**

The FAR and NFS requirements for justification, review, and approval of
bundling of contract requirements also apply to an order from a Federal
Supply Schedule contract or other indefinite-delivery contract awarded
by another agency if the requirements consolidated under the order meet
the definition of \"bundling\" at FAR 2.101.

**1807.170 Acquisition Strategy Meeting (ASM).**

\(a\) The ASM is an acquisition plan conducted through a meeting
attended by all interested NASA offices. The online Guide for Successful
Headquarters Acquisition Strategy Meetings (ASMs) can be found at the
following URL: http://ec.msfc.nasa.gov/hq/library/ASMs.html. At the
meeting, the acquisition plan topics and structure specified in 1807.105
are presented in briefing format, and formal written minutes prepared to
summarize the decisions, actions, and conclusions of the ASM members.
The approved minutes, along with the briefing charts, shall be included
in the contract file to document completion of the acquisition plan
required by 1807.103.

\(b\) The ASM is not a requirements definition meeting. It is a meeting
to seek approval for the proposed acquisition approach for requirements
that were previously defined and agreed to by the cognizant offices.

\(c\) Headquarters ASMs will be chaired by the Assistant Administrator
for Procurement or designee. The Headquarters Office of Procurement
(Code HS) will prepare the minutes of Headquarters ASMs and distribute
them to all attendees for review prior to approval by the ASM
chairperson.

\(d\) For field installation ASMs, the minutes shall be approved in
accordance with installation procedures.

**Subpart 1807.2\--Planning for the Purchase of Supplies in Economic
Quantities**

**1807.204** **Responsibilities** **of** **contracting** **officers.**

\(a\) The contracting officer shall transmit in writing to the cognizant
inventory management/requirements office either the actual offeror
responses or a summary of their salient points. The transmittal should
be made within five working days after the closing date for receipt of
offers; however, if a response indicates the potential for a significant
savings, it should be transmitted immediately.

## 

## 

## Subpart 1807.5\--Inherently Governmental Functions

**1807.503 Policy.**

\(e\) The field installation requirements office shall provide the
contracting officer the written determination that none of the statement
of work tasks are inherently governmental. Disagreements regarding the
determination shall be resolved in accordance with installation
procedures.

**Subpart 1807.70\--Consolidated Contracting**

**1807.7000 General.**

The Consolidated Contracting Initiative (CCI) is NASA's commitment to
the cooperative creation and utilization of contracts, whenever
practicable, to meet common Agency needs. CCI aims at improving
acquisition efficiency by identifying and logically combining similar
requirements. Complete information on the initiative, with its
implementation guidance, is available in the internet
(<http://prod.nais.nasa.gov/cgi-bin/cci/first.cgi>).

## Subpart 1807.71\--Master Buy Plan

**1807.7100 General.**

The Master Buy Plan provides information on planned acquisitions to
enable management to focus its attention on a representative selection
of high-dollar-value and otherwise sensitive acquisitions.

**1807.7101** **Applicability.**

\(a\) The Master Buy Plan applies to each negotiated acquisition,
including supplemental agreements, and acquisitions through or from
other Government agencies, where the dollar value, including the
aggregate amount of options, follow-on acquisitions, or later phases of
multi-phase acquisitions, is expected to equal or exceed \$50,000,000.

\(b\) For initial annual Master Buy Plan submission only, each
installation shall submit its three largest acquisitions regardless of
dollar value and all acquisitions over \$50,000,000.

\(c\) The procedure also applies to:

\(1\) Any supplemental agreement that contains either new work, a debit
change order, or a credit change order (or any combination/
consolidation thereof), if the absolute value of the actions equals or
exceeds \$50,000,000 (e.g., the absolute value of a supplemental
agreement adding \$30,000,000 of new work and deleting \$30,000,000 of
work is \$60,000,000, and is therefore subject to the Master Buy Plan).

\(2\) Any supplement agreement that contains one or more elements (new
work and/or individual change orders) of a sensitive nature that, in the
judgment of the installation or Headquarters, warrants Headquarters
consideration under the Master Buy Plan, even though the value does not
equal or exceed \$50,000,000.

\(3\) Any cooperative agreement notice where the total value (the
Government\'s contribution plus the contribution of the recipient) of
any resulting cooperative agreement is expected to equal or exceed
\$50,000,000.

\(4\) Any acquisition designated by NASA Headquarters regardless of its
value.

\(d\) The Master Buy Plan does not apply to incremental funding actions
or termination settlement agreements.

**1807.7102 Submission, selection, and** **notification procedures.**

**1807.7102-1 Submission of Master Buy** **Plan.**

\(a\) Prior to July 15th of every year, each installation shall submit
to the Headquarters Office of Procurement (Code HS) a Master Buy Plan
(electronically or original and eight copies) for the next fiscal year,
listing every known acquisition that (1) meets the criteria in
1807.7101, (2) is expected to be initiated in that fiscal year, and (3)
has not been included in a previous Master Buy Plan or amendment to a
Master Buy Plan.

\(b\) The fiscal year Master Buy Plan shall list all uncompleted
acquisitions selected for Headquarters review and approval from prior
Master Buy Plans and amendments to Master Buy Plans. These acquisitions
should be listed by the appropriate fiscal year Master Buy Plan and
individual item numbers, and should indicate the current status of the
individual acquisition documents previously selected for Headquarters
review and approval.

\(c\) Plans shall be prepared in accordance with 1807.7103 and shall
identify the individual acquisition documents involved for every
acquisition listed. Acquisition documents that may require Headquarters
approval will be held in abeyance until receipt of the notification
required by 1807.7102-3. This is not to preclude the planning for or
initiation of such documents up to that point where Headquarters
approval may be required.

**1807.7102-2 Submission of amendments to** **the Master Buy Plan.**

\(a\) Acquisitions identified by installations after submission of their
Master Buy Plan and meeting the criteria in 1807.7102-1(a) shall be
submitted to Headquarters in accordance with 1807.7103 and identified as
an amendment to the fiscal year Master Buy Plan submission.

\(b\) Master Buy Plan submissions should not be accomplished after the
fact. Amendments shall be submitted sufficiently in advance of contract
award date to allow Headquarters to select those acquisition documents
that will be subject to Headquarters review and approval without
creating an unacceptable delay in contract placement.

\(c\) When timely submittal is not possible, the installation shall
provide with the amendment a narrative explaining the circumstances
leading to the late submittal. A Master Buy Plan submission for a
contract change order expected to meet the criteria in 1807.7101 shall
be submitted to Headquarters immediately upon issuance of the change
order.

**1807.7102-3 Selection and notification** **procedures.**

\(a\) The Headquarters Office of Procurement (Code HS) shall select
acquisition documents from the Master Buy Plan and amendments to Master
Buy Plans to receive Headquarters review and approval and shall
designate source selection officials.

\(b\) When, subsequent to document selection or delegation, an
acquisition is changed (for example, increase or decrease in dollar
amount, change in requirement), canceled, superseded, deferred, or
becomes no longer subject to the Master Buy Plan procedures in
accordance with the criteria in 1807.7101, the installation shall
immediately notify Code HS, giving the reasons. Code HS shall notify the
installation\'s procurement office in writing of any further action that
may be required.

\(c\) Acquisition documents not selected for Headquarters review will be
subject to after-the-fact reviews by Headquarters during normal
procurement management surveys or other special reviews. Acquisition
delegations may subsequently be rescinded if a Headquarters review is
deemed appropriate.

**1807.7103 Format of Master Buy Plan.**

In accordance with the requirements of 1807.7102-1 and 1807.7102-2,
installations must prepare Master Buy Plans and amendments to Master Buy
Plans in accordance with the Master Buy Plan Database (MBPD)
instructions at
http://www.hq.nasa.gov/office/procurement/regs/Table1807.doc and submit
them in accordance with the MBPD User Manual Instructions listed at
http://ec.msfc.nasa.gov/hq/library/masterbuyplan.pdf.

## Subpart 1807.72\--Acquisition Forecasting

**1807.7200  Policy.**

\(a\) As required by the Business Opportunity Development Reform Act of
1988, it is NASA

policy to --

\(1\) Prepare an annual forecast and semiannual update of expected
contract opportunities or classes of contract opportunities for each
fiscal year;

\(2\) Include in the forecast contract opportunities that small business
concerns, including those owned and controlled by socially and
economically disadvantaged individuals, may be capable of performing;
and

\(3\) Make available such forecasts to the public.

\(b\) The annual forecast and semiannual update are available on the
NASA Acquisition Internet

Service (http://www.hq.nasa.gov/office/procurement/).

**1807.7201  Definitions.**

**\"Class of contracts\"** means a grouping of acquisitions, either by
dollar value or by the nature of supplies and services to be acquired.

**\"Contract opportunity\"** means planned new contract awards exceeding
\$25,000.

**1807.7202 ** **Responsibilities.**

\(a\) NASA Procurement Officers shall post the data required by
1807.7203 directly to the NASA Acquisition Internet Service not later
than October 1 for the annual forecast and April 15 for the semiannual
update.

\(b\) Code HS will manage policy and monitor compliance with the NASA
Acquisition Forecast process.

**1807.7203 ** **Forecast data.**

\(a\) The annual forecast shall contain \--

\(1\) Summary historical data (based on information provided by the
Headquarters Office of Procurement (Codes HC and HS)) on the class of
contract opportunities below the simplified acquisition threshold;

\(2\) Identification of all known contract opportunities in excess of
the simplified acquisition threshold. Each such action should be
identified as one of the three broad categories of acquisition \--
Research and Development, Services, or Supplies and Equipment and shall
include the following information:

\(i\) A brief description not to exceed ten typed lines;

\(ii\) Approximate dollar value within the following dollar ranges:
\$100,000 to \$1,000,000; \$1,000,000 to \$5,000,000; and over
\$5,000,000;

\(iii\) Anticipated time (by fiscal year quarter) for the issuance of
the solicitation;

\(iv\) Identification if it is reserved for performance by small
business concerns including those owned and controlled by socially and
economically disadvantaged individuals;

\(v\) Identification as competitive or noncompetitive; and

\(vi\) Identification and telephone number of a center point of contact.

\(b\) The semiannual report shall be an update of the data provided by
the annual forecast. This update should provide information on new
requirements not previously reported and on changes in data related to
actions previously identified.

If the survey will be performed for NASA by a DOD agency, the SF 1403
request is to be sent to the appropriate office shown in the DOD
Directory of Contract Administration Services Components, DLAH 4105.4,
Attn: Preaward Survey Monitor. DOD normally allows seven working days in
which to conduct a full survey and submit the report to the requesting
agency.

**1809.106-70 Preaward surveys performed by NASA installations.**

In discussions with representatives of the company being surveyed, NASA
preaward survey team members shall not refer to or comment on the
possibility of award to the prospective contractor. This does not
preclude discussion with a prospective contractor of questionable areas
that require clarification. Information obtained during the survey will
be treated in strict confidence and divulged only to those Government
representatives having a need to know.

**Subpart 1809.2\--Qualifications Requirements**

**1809.200 Scope** **of** **subpart.**

This subpart prescribes policies and procedures to be followed in the
use of qualified products lists for acquisition of parts consistent with
the policies of NASA Policy Directive 8730.2, NASA Parts Policy.

**1809.202 Policy.**

\(a\) Authority regarding agency head actions under FAR 9.202(a) is
delegated to the cognizant technical activity, with approval by the
installation\'s competition advocate.

\(e\) The approval authority of FAR 9.202(e) is delegated to the
installation\'s competition advocate. Requests shall be prepared by the
cognizant requirements office and submitted via the procurement officer.

**1809.203 QPL\'s, QML\'s and QBL\'s.**

**1809.203-70 General.**

\(a\) The Deputy Associate Administrator for the Office of Safety and
Mission Assurance (Code Q), is responsible for justifying, determining,
and approving NASA\'s need for inclusion and continued use of
qualification requirements in specifications under the NASA EEE Parts
and Advanced Interconnect Program.

**1809.203-71 Waiver** **of** **qualification** **requirements.**

When acquiring a product under a specification that includes
qualification requirements either for the end item or for components of
the end item, the NASA installation conducting the acquisition can waive
the qualification requirements. Directing a waiver of the end item
qualification requirement constitutes adequate authorization for waiver
of product qualification requirements. When a waiver has been granted,
the solicitation shall specifically indicate that the qualification
requirement is inapplicable. Such information shall also be included in
any synopsis of the acquisition (see FAR Subpart 5.2).

**1809.206  Acquisitions subject to qualification requirements.**

**1809.206-1 General.**

(b)**(i)** The authority to determine that an emergency exists is
delegated to the installation\'s competition advocate. Requests for
determination shall be prepared by the cognizant requirements office and
submitted through the procurement officer.

**(ii)** Requests not to enforce a qualification requirement in a
nonemergency situation shall be prepared by the cognizant requirements
office and approved by the Headquarters Office of Safety and Mission
Assurance (Code Q).

\(c\) If an offeror seeks to demonstrate its capability, both the
product and the producer must meet the established standards.

**1809.206-70**  **Small** **businesses.**

If a small business otherwise eligible for award has been placed in a
special status on a Qualified Products List (Mil-Bul-103) or the
Qualified Manufacturers List (QML-38510) established as a part of the
NASA Microelectronics Reliability Program and the contracting officer
determines that the small business does not appear to have the capacity
to perform, the certificate of competency procedures in FAR Subpart 19.6
are applicable.

**1809.206-71 Contract** **clause.**

When qualified products (end items or components of end items) are being
procured, the contracting officer shall insert the clause at
1852.209-70, Product Removal from Qualified Products List, in the
solicitation and in the resulting contract.

**Subpart 1809.4\--Debarment, Suspension, and Ineligibility**

**1809.403 Definitions.**

For purposes of FAR Subpart 9.4 and this subpart, the Assistant
Administrator for Procurement is the \"debarring official,\" the
\"suspending official,\" and the agency head\'s \"designee.\"

**1809.404** List of Parties Excluded from Federal Procurement and
Nonprocurement Programs.

\(c\) The Office of Procurement (Code HK) is responsible for taking the
actions listed in FAR 9.404(c).

(d)(1) Installation procurement offices shall notify Code HK of how many
copies of the List they want and provide a single mailing address at the
installation. Code HK will place the order for the copies which will be
mailed directly to the installation. Electronic access is also available
as described in the List.

**1809.405 Effect** **of** **listing.**

\(a\) If it is believed that a new contract or subcontract must be
awarded to a firm on the List of Parties Excluded from Federal
Procurement and Nonprocurement Programs, the procurement officer shall
prepare a request for a determination with all necessary supporting
information and forward it to the Assistant Administrator for
Procurement (Code HK) for approval.

**1809.405-1** **Continuation** **of** **current** **contracts.**

(c) Approval of contract renewals or extensions shall be requested in
    accordance with 1809.405.

PART 1811

# DESCRIBING AGENCY NEEDS

# TABLE OF CONTENTS

1811.002 Policy.

**SUBPART 1811.1 SELECTING AND DEVELOPING REQUIREMENTS**

**DOCUMENTS**

# 1811.101 Order of precedence for requirements documents. 

1811.107 Solicitation provisions.

**SUBPART 1811.4 DELIVERY OR PERFORMANCE SCHEDULES**

1811.403 Supplies or services.

1811.403-70 Packaging, handling, and transportation

1811.404 Contract clauses.

1811.404-70 NASA contract clauses

**SUBPART 1811.5 LIQUIDATED DAMAGES**

1811.501 Policy.

**SUBPART 1811.6 PRIORITIES AND ALLOCATIONS**

1811.600 Scope of subpart.

1811.602 General.

1811.603 Procedures.

**PART 1811**

DESCRIBING AGENCY NEEDS

**1811.002 Policy.**

\(b\) Implementation of the Metric Conversion Act of 1975, as amended,
must be in accordance with NPD 8010.2, Use of the Metric System of
Measurements in NASA Programs.

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

1811.101 Order of precedence for requirements documents.

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

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

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

**1811.107 Solicitation provisions.**

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

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

**1811.403 Supplies or services.**

(a)(3) Contract delivery or perfor­mance schedules must not be express­ed
in terms of a notice of award. A notice of award as a specific docu­ment,
separate from the award docu­ment itself, is not a contractual document
and shall not be used as a reference point for contract perfor­mance. See
1814.­408 for additional information on notices of award.

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

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

**1811.404 Contract clauses.**

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

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

**1811.404-70 NASA contract clauses.**

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

## Subpart 1811.5\--Liquidated Damages

**1811.501 Policy.**

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

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

1811.600 Scope of subpart.

The Defense Priorities and Allocations System (15 CFR Part 700) may be
viewed at http://www.doc-bxa.bmpcoe.org/dpas-docs/dpasreg.pdf.

**1811.602  General.**

**PART 1814**

# SEALED BIDDING

TABLE OF CONTENTS

**SUBPART 1814.2 SOLICITATION OF BIDS**

1814.201 Preparation of invitations for bids.

1814.201-5 Part IV\--Representations and instructions.

1814.201-6 Solicitation provisions.

1814.201-670 NASA solicitation provisions.

**SUBPART 1814.3 SUBMISSION OF BIDS**

1814.302 Bid submission.

**SUBPART 1814.4 OPENING OF BIDS AND AWARD OF CONTRACT**

1814.404 Rejection of bids.

1814.404-1 Cancellation of invitations after opening.

1814.407 Mistakes in bids.

1814.407-3 Other mistakes disclosed before award.

1814.407-4 Mistakes after award.

1814.408 Award.

1814.408-170 General.

**PART 1814**

# SEALED BIDDING

**Subpart 1814.2\--Solicitation of Bids**

**1814.201** **Preparation** **of** **invitations** **for** **bids.**

**1814.201-5 Part IV \-- Representations** **and** **instructions.**

\(c\) *Section M, Evaluation factors for award.*

**(i)** The contracting officer shall state if award is to be made in
the aggre­gate (all-or-none basis) or by specified groups of items.

**(ii)** If bidders are required to have spe­cial technical
qualifications because of the complexity of the equipment being
pur­chased or for some other reason, the con­tracting officer shall state
those qualifica­tions.

**1814.201-6** **Solicitation** **provisions.**

**1814.201-670 NASA solicitation provisions.**

\(a\) The contracting officer shall insert the provi­sion at 1852.214-70,
Caution to Offerors Furnishing Descriptive Literature, in invitations
for bids. See FAR 52.214-21, Descriptive Literature.

\(b\) The contracting officer shall insert the provi­sion at 1852.214-71,
Grouping for Aggregate Award, in invitations for bids, except for
construc­tion, when it is in the Govern­ment\'s best interest not to make
award for less than specified quantities solicited for certain items or
groupings of certain items. Insert the item numbers and/or descriptions
applica­ble for the particular procure­ment.

\(c\) The contracting officer shall insert the provi­sion at 1852.214-72,
Full Quanti­ties, in invita­tions for bids, except for construction, when
it is in the Govern­ment\'s best interest not to make award for less than
the full quantities solicited.

\(d\) If a pre-bid conference is planned, the contract­ing officer shall
insert the provision at 1852.215-77, Preproposal/Pre-bid Conference. See
1815.209-70(a).

**Subpart 1814.3\--Submission of Bids**

**1814.302 Bid submission.**

\(b\) NASA contracting officers shall not consider telegraph­ic bids
commu­nicat­ed by tele­phone.

**Subpart 1814.4\--Opening of Bids and Award of Contract**

**1814.404** **Rejection** **of** **bids.**

**1814.404-1** **Cancellation** **of** **invitations** **after**
**opening.**

\(c\) The authority to make the determi­na­tion at FAR 14.404-1(c) is
delegated to the contracting officer, except as provided in paragraph
(e)(1) of this subsection.

(e)(1) A determination that includes an autho­ri­zation to complete the
acquisition through negotia­tion shall be m­ade by the procurement
officer, in consulta­tion with the chief counsel.

**1814.407 Mistakes** **in** **bids.**

**1814.407-3 Other** **mistakes** **disclosed** **be­fore** **award.**

\(e\) Procurement officers are authorized to make the determinations
under FAR 14.407-3(a), (b), (c) and (d).

**1814.407-4 Mistakes** **after** **award.**

\(d\) Determinations shall be made by the procure­ment officer.

**1814.408 Award.**

**1814.408-170 General.**

\(a\) A notice of award as a specific document is used when the
contracting officer needs to inform a responsible bidder that its offer
was determined to be the most advantageous to the Government

(con­sidering only price and price-related factors) and that the formal
award will be made upon satisfaction of specified pre-performance
conditions.

\(b\) The notice of award is not a contractual instru­ment. It does not
authorize the successful bidder to perform and, in itself, does not
obligate the Govern­ment to award a contractual document. Its limited
purpose is to provide: evidence of the Governme­nt\'s selection of the
successful bidder; instruction to that bidder to satisfy specified
pre-performance conditions; and a statement that the Government intends
to award the contract to the successful bidder upon satisfaction of
these conditions if a contract is awarded as a result of the invitation
for bids.

\(c\) Use of a notice of award is optional. The contracting officer may
issue the award document itself without first issuing a notice of award.
How­ever, there are instances when a notice of award should be
considered, for example, in construction contracts where performance or
payment bonds are required. In such cases, the most cost effective
technique is to require only the successful bidder to provide the
necessary bonds. The notice of award advises the successful bidder to
provide the bonds, and it also serves as formal evidence from the
Government of the impending award if such evi­dence is required to secure
the bonds.

\(d\) The notice of award shall not be issued unless bids have been
evaluated and a selection made, and a definitive contract document is
ready for execution upon satisfaction of the conditions specified in the
notice. Upon satisfaction of these conditions, the approved and executed
contract instrument shall be provided to the successful bidder.

\(e\) Since the notice of award is not a contractual document
authorizing performance, the period of performance of the resultant
contract shall not be based on the date of issuance or receipt of the
notice of award. The period of performance specified in the contract
shall be based on some other reference point, such as the date the
contract is provided to the successful bidder, a mutually agreeable
effective date or a later authorization to proceed date.

\(f\) The notice of award can be issued by any formal written means such
as a letter, telegram or electronic means. The notice should be
substantially the same as the following format.

# Format

Subject: Notice of Award\--Invitation for Bids (IFB)( [1]{.underline} ).
This notice is to advise you that your bid ( [2]{.underline} ) in
response to the subject IFB has been determined to be the most
advantageous to the Government (considering only price and price-related
factors). It is the Government\'s intention to award you a contract in
the amount of ( [3]{.underline} ) for this effort pending satisfaction
of the following pre-performance conditions:

( [4]{.underline} )

Evidence ( [5]{.underline} ) of satisfaction of these conditions must be
provided to the contracting officer by ( [6]{.underline} ). In the event
these conditions are not satisfied by this date, the Government reserves
the right to award the contract to the bidder who submitted the next
most advantageous bid.

Please note that this notice of award is not a contractual document. It
does not obligate the Government to award you, or any other bidder, a
contract relative to the subject IFB, and it does not authorize you to
proceed with contract performance or incur costs pursuant to such
performance. Any costs incurred for contract performance prior to your
receipt of a fully executed contract document are at your own risk and
are not recoverable under any Government contract should the Government
fail, for whatever reason, to award you a contract in response to the
subject IFB.

If a contract is awarded after evidence of satis­faction of the
pre-performance conditions listed above is provided to the contracting
officer by the specified due date, the date of commencement of work will
be provided with the formal award. This date will be based on (
[7]{.underline} ).

*Notes* \-- The contracting officer shall insert, where shown, the
following information:

\(1\) Identification of the IFB by number and title.

\(2\) Identification of the contractor\'s bid.

\(3\) The award price.

\(4\) The preperformance conditions (e.g., any required payment and
performance bonds).

\(5\) The evidence required to satisfy the pre-performance conditions
(e.g., the actual payment and perfor­mance bonds).

\(6\) The date by which the evidence must be provided to the contracting
officer.

\(7\) Identification of the date for commencement of performance. The
period of performance of the contract shall not be based on the date of
issuance or receipt of the notice of award. It shall be based on the
date the contract is provided to the successful bidder, a mutually
agreeable effective date, or a later authorization to proceed date.

each portion of the proposal. Unless a different limitation is approved
in writing by the procurement officer, the total initial proposal,
excluding title pages, tables of content, and cost/price information,
shall not exceed 500 pages using the page definition of 1815.204-70(a).
Firm page limitations shall also be established for final proposal
revisions, if requested. The appropriate page limitations for final
proposal revisions should be determined by considering the complexity of
the acquisition and the extent of any discussions. The same page
limitations shall apply to all offerors. Pages submitted in excess of
specified limitations will not be evaluated by the Government and will
be returned to the offeror.

**1815.207 Handling proposals and information.**

**1815.207-70 Release of proposal information.**

\(a\) NASA personnel participating in any way in the evaluation may not
reveal any information concerning the evaluation to anyone not also
participating, and then only to the extent that the information is
required in connection with the evaluation. When non-NASA personnel
participate, they shall be instructed to observe these restrictions.

(b)(1) Except as provided in paragraph (b)(2) of this section, the
procurement officer is the approval authority to disclose proposal
information outside the Government. If outside evaluators are involved,
this authorization may be granted only after compliance with FAR 37.2
and 1837.204, except that the determination of unavailability of
Government personnel required by FAR 37.2 is not required for disclosure
of proposal information to JPL employees.

\(2\) Proposal information in the following classes of proposals may be
disclosed with the prior written approval of a NASA official one level
above the NASA program official responsible for the overall conduct of
the evaluation. If outside evaluators are involved, the determination of
unavailability of Government personnel required by FAR 37.2 is not
required for disclosure in these instances.

\(i\) Proposals submitted in response to broad agency announcements such
as Announcements of Opportunity and NASA Research Announcements;

\(ii\) Unsolicited proposals; and

\(iii\) SBIR and STTR proposals.

\(3\) If JPL personnel, in evaluating proposal information released to
them by NASA, require assistance from non-JPL, non-Government
evaluators, JPL must obtain written approval to release the information
in accordance with paragraphs (b)(1) and (b)(2) of this section.

**1815.207-71 Appointing non-Government evaluators as special Government
employees.**

\(a\) Except as provided in paragraph (c) of this section,
non-Government evaluators, except employees of JPL, shall be appointed
as special Government employees.

\(b\) Appointment as a special Government employee is a separate action
from the approval required by paragraph 1815.207-70(b) and may be
processed concurrently. Appointment as a special Government employee
shall be made by:

\(1\) the NASA Headquarters personnel office when the release of
proposal information is to be made by a NASA Headquarters office; or

\(2\) the installation personnel office when the release of proposal
information is to be made by the installation.

\(c\) Non-Government evaluators need not be appointed as special
Government employees when they evaluate:

\(1\) Proposals submitted in response to broad agency announcements such
as Announcements of Opportunity and NASA Research Announcements;

\(2\) Unsolicited proposals; and

\(3\) SBIR and STTR proposals.

**1815.208 Submission, modification, revision, and withdrawal of
proposals.**

\(b\) The FAR late proposal criteria do not apply to Announcements of
Opportunity, NASA Research Announcements (see 1852.235-72), and Small
Business Innovative Research (SBIR) Phase I and Phase II solicitations,
and Small Business Technology Transfer (STTR) solicitations. For these
solicitations, proposals or proposal modifications received from
qualified firms after the latest date specified for receipt may be
considered if a significant reduction in cost to the Government is
probable or if there are significant technical advantages, as compared
with proposals previously received. In such cases, the project office
shall investigate the circumstances surrounding the late submission,
evaluate its content, and submit written recommendations and findings to
the selection official or a designee as to whether there is an advantage
to the Government in considering it. The selection official or a
designee shall determine whether to consider the late submission.

**1815.209 Solicitation provisions and contract clauses.**

\(a\) The contracting officer shall insert FAR 52.215-1 in all
competitive negotiated solicitations.

**1815.209-70 NASA solicitation provisions.**

\(a\) The contracting officer shall insert the provision at 1852.215-77,
Preproposal/Pre-bid Conference, in competitive requests for proposals
and invitations for bids where the Government intends to conduct a
preproposal or pre-bid conference. Insert the appropriate specific
information relating to the conference.

\(b\) When it is not in the Government's best interest to make award for
less than the specified quantities solicited for certain items or
groupings of items, the contracting officer shall insert the provision
at 1852.214-71, Grouping for Aggregate Award. See 1814.201-670(b).

\(c\) When award will be made only on the full quantities solicited, the
contracting officer

shall insert the provision at 1852.214-72, Full Quantities. See
1814.201-670(c).

\(d\) The contracting officer shall insert the provision at 1852.215-81,
Proposal Page Limitations, in all competitive requests for proposals.

#### Subpart 1815. 3\--Source Selection

**1815.300 Scope of subpart.**

**1815.300-70 Applicability of subpart.**

(a)(1) Except as indicated in paragraph (b) of this section, NASA
competitive negotiated acquisitions shall be conducted as follows:

\(i\) Acquisitions of \$50 million or more \-- in accordance with FAR
15.3 and this subpart.

\(ii\) Other acquisitions \-- in accordance with FAR 15.3 and this
subpart except section 1815.370.

\(2\) Estimated dollar values of acquisitions shall include the values
of multiple awards, options, and later phases of the same project.

\(b\) FAR 15. 3 and this subpart are not applicable to acquisitions
conducted under the following procedures:

\(1\) MidRange (see Part 1871).

\(2\) Announcements of Opportunity (see Part 1872).

\(3\) NASA Research Announcements (see 1835.016-71).

\(4\) The Small Business Innovative Research (SBIR) program and the
Small Business Technology Transfer (STTR) pilot program under the
authority of the Small Business Act (15 U.S.C. 638).

\(5\) Architect and Engineering (A&E) services (see FAR 36.6 and
1836.6).

**1815.303 Responsibilities.**

\(a\) The SSA shall be established at the lowest reasonable level for
each acquisition. Notwithstanding the FAR designation of the contracting
officer as SSA, the SSA for center acquisitions shall be established in
accordance with center procedures. For acquisitions designated

as Headquarters selections, the SSA will be identified as part of the
Master Buy Plan process (see 1807.71).

(b)**(i)** The source selection authority (SSA) is the Agency official
responsible for proper and efficient conduct of the source selection
process and for making the final source selection decision. The SSA has
the following responsibilities in addition to those listed in the FAR:

**(A)** Approve the evaluation factors, subfactors, the weight of the
evaluation factors and subfactors, and any special standards of
responsibility (see FAR 9.104-2) before release of the RFP, or delegate
this authority to appropriate management personnel;

**(B)** Appoint the source selection team. However, when the
Administrator will serve as the SSA, the Official-in-Charge of the
cognizant Headquarters Program Office will appoint the team; and

**(C)** Provide the source selection team with appropriate guidance and
special instructions to conduct the evaluation and selection procedures.

(b)(2) Approval authorities for Acquisition Plans and Acquisition
Strategy Meetings are in accordance with 1807.103.

**1815.304 Evaluation factors and significant subfactors.**

(c)(4)**(A)** The extent of participation of small disadvantaged
business (SDB) concerns shall be evaluated as a subfactor under the
Mission Suitability factor. If a Mission Suitability factor is not used,
the SDB participation shall be evaluated as a separate factor or
subfactor, as appropriate.

**(B)** SDB concerns that choose the FAR 19.11 price evaluation
adjustment shall receive the lowest possible score/rating under the FAR
15.304(c)(4) evaluation.

**1815.304-70 NASA evaluation factors.**

\(a\) Typically, NASA establishes three evaluation factors: Mission
Suitability, Cost/Price, and Past Performance. Evaluation factors may be
further defined by subfactors. Evaluation subfactors should be
structured to identify significant discriminators, or \"key swingers\" -
the essential information required to support a source selection
decision. Too many subfactors undermine effective proposal evaluation.
All evaluation subfactors should be clearly defined to avoid overlap and
redundancy.

\(b\) Mission Suitability factor.

\(1\) This factor indicates the merit or excellence of the work to be
performed or product to be delivered. It includes, as appropriate, both
technical and management subfactors. Mission Suitability shall be
numerically weighted and scored on a 1000-point scale.

\(2\) The Mission Suitability factor may identify evaluation subfactors
to further define the content of the factor. Each Mission Suitability
subfactor shall be weighted and scored. The adjectival rating
percentages in 1815.305(a)(3)(A) shall be applied to the subfactor
weight to determine the point score. The number of Mission Suitability
subfactors is limited to five. The Mission Suitability evaluation
subfactors and their weights shall be identified in the RFP.

\(3\) For cost reimbursement acquisitions, the Mission Suitability
evaluation shall also include the results of any cost realism analysis.
The RFP shall notify offerors that the realism of proposed costs may
significantly affect their Mission Suitability scores.

\(4\) If the solicitation requires the submission of a Safety and Health
Plan (see 1823.7001(c) and NPR 8715.3, NASA Safety Manual, Appendix H),
safety and health must be a consideration in the evaluation. For
acquisitions valued at \$10 million or more, or \$25 million or more for
commercial items, then the Mission Suitability factor, if used, shall
include a subfactor for safety and health. Otherwise, use of that
subfactor is optional.

\(c\) Cost/Price factor. This factor evaluates the reasonableness and,
if necessary, the cost realism, of proposed costs/prices. The Cost/Price
factor is not numerically weighted or scored.

\(d\) Past Performance factor.

\(1\) This factor indicates the relevant quantitative and qualitative
aspects of each offeror\'s record of performing services or delivering
products similar in size, content, and complexity to the requirements of
the instant acquisition.

\(2\) The RFP shall instruct offerors to submit data (including data
from relevant Federal, State, and local governments and private
contracts) that can be used to evaluate their past performance.
Typically, the RFP will require:

\(i\) A list of contracts similar in size, content, and complexity to
the instant acquisition, showing each contract number, the type of
contract, a brief description of the work, and a point of contact from
the organization placing the contract. Normally, the requested contracts
are limited to those received in the last three years. However, in
acquisitions that require longer periods to demonstrate performance
quality, such as hardware development, the time period should be
tailored accordingly.

\(ii\) The identification and explanation of any cost overruns or
underruns, completion delays, performance problems, and terminations.

\(3\) The contracting officer may start collecting past performance data
before proposal receipt. One method for early evaluation of past
performance is to request offerors to submit their past performance
information in advance of the proposal due date. The RFP could also
include a past performance questionnaire for offerors to send their
previous customers with instructions to return the completed
questionnaire to the Government. Failure of the offeror to submit its
past performance information early or of the customers to submit the
completed questionnaires shall not be a cause for rejection of the
proposal nor shall it be reflected in the Government\'s evaluation of
the offeror\'s past performance.

**1815.504 Award to successful offeror.**

The reference to notice of award in FAR 15.504 on negotiated
acquisitions is a generic one. It relates only to the formal
establishment of a contractual document obligating both the Government
and the offeror. The notice is effected by the transmittal of a fully
approved and executed definitive contract document, such as the award
portion of SF 33, SF 26, SF 1449, or SF 1447, or a letter contract when
a definitized contract instrument is not available but the urgency of
the requirement necessitates immediate performance. In this latter
instance, the procedures for approval and issuance of letter contracts
shall be followed.

**1815.506 Postaward debriefing of offerors.**

**1815.506-70 Debriefing of offerors - Major System acquisitions.**

\(a\) When an acquisition is conducted in accordance with the Major
System acquisition procedures in Part 1834 and multiple offerors are
selected, the debriefing will be limited in such a manner that it does
not prematurely disclose innovative concepts, designs, and approaches of
the successful offerors that would result in a transfusion of ideas.

\(b\) When Phase B awards are made for alternative system design
concepts, the source selection statements shall not be released to
competing offerors or the general public until the release of the source
selection statement for Phase C/D without the approval of the Assistant
Administrator for Procurement (Code HS).

**Subpart 1815.6\--Unsolicited Proposals**

**1815.602 Policy.**

**(1)** An unsolicited proposal may result in the award of a contract,
grant, cooperative agreement, or other agreement. If a grant or
cooperative agreement is used, the NASA Grant and Cooperative Agreement
Handbook (NPR 5800.1) applies.

**(2)** Renewal proposals, (i.e., those for the extension or
augmentation of current contracts) are subject to the same FAR and NFS
regulations, including the requirements of the Competition in
Contracting Act, as are proposals for new contracts.

**1815.604 Agency points of contact.**

(a)(6) Information titled \"Guidance for the Preparation and Submission
of Unsolicited Proposals\" is available on the Internet at
http://ec.msfc.nasa.gov/hq/library/unSol-Prop.html. A deviation is
required for use of any modified or summarized version of the Internet
information or for alternate means of general dissemination of
unsolicited proposal information.

**1815.606 Agency procedures.**

\(a\) NASA will not accept for formal evaluation unsolicited proposals
initially submitted to another agency or to the Jet Propulsion
Laboratory (JPL) without the offeror\'s express consent.

(b)**(i)** NASA Headquarters and each NASA field installation shall
designate a point of contact for receiving and coordinating the handling
and evaluation of unsolicited proposals.

**(ii)** Each installation shall establish procedures for handling
proposals initially received by other offices within the installation.
Misdirected proposals shall be forwarded by the point of contact to the
proper installation. Points of contact are also responsible for
providing guidance to potential offerors regarding the appropriate NASA
officials to contact for general mission-related inquiries or other
preproposal discussions.

**(iii)** Points of contact shall keep records of unsolicited proposals
received and shall provide prompt status information to requesters.
These records shall include, at a minimum, the number of unsolicited
proposals received, funded, and rejected during the fiscal year; the
identity of the offerors; and the office to which each was referred. The
numbers shall be broken out by source (large business, small business,
university, or nonprofit institution).

**1815.606-70 Relationship of unsolicited proposals to NRAs.**

An unsolicited proposal for a new effort or a renewal, identified by an
evaluating office as being within the scope of an open NRA, shall be
evaluated as a response to that NRA (see 1835.016-71), provided that the
evaluating office can either:

\(a\) State that the proposal is not at a competitive disadvantage, or

\(b\) Give the offeror an opportunity to amend the unsolicited proposal
to ensure compliance with the applicable NRA proposal preparation
instructions. If these conditions cannot be met, the proposal must be
evaluated separately.

**1815.609 Limited use of data.**

**1815.609-70 Limited use of proposals.**

Unsolicited proposals shall be evaluated outside the Government only to
the extent authorized by, and in accordance with, the procedures
prescribed in, 1815.207-70.

**1815.670 Foreign proposals.**

Unsolicited proposals from foreign sources are subject to NPD 1360.2,
Initiation and Development of International Cooperation in Space and
Aeronautics Programs.

**Subpart 1815.70\--Ombudsman**

**1815.7001 NASA Ombudsman Program.**

NASA\'s implementation of an ombudsman program is in NPR 5101.33,
Procurement Advocacy Programs.

**1815.7002 Synopses of solicitations and contracts.**

In all synopses announcing competitive acquisitions, the contracting
officer shall indicate that the clause at 1852.215-84, Ombudsman, is
applicable. This may be accomplished by referencing the clause number
and identifying the installation Ombudsman.

**1815.7003 Contract clause.**

The contracting officer shall insert a clause substantially the same as
the one at 1852.215-84, Ombudsman, in all solicitations (including draft
solicitations) and contracts. Use the clause with its Alternate I when a
task or delivery order contract is contemplated.

**1816.303-70 Cost-sharing contracts.**

\(a\) Cost-sharing with for-profit organizations.

\(1\) Cost sharing by for-profit organizations is mandatory in any
contract for basic or applied research resulting from an unsolicited
proposal, and may be accepted in any other contract when offered by the
proposing organization. The requirement for cost-sharing may be waived
when the contracting officer determines in writing that the contractor
has no commercial, production, education, or service activities that
would benefit from the results of the research, and the contractor has
no means of recovering its shared costs on such projects.

\(2\) The contractor\'s cost-sharing may be any percentage of the
project cost. In determining the amount of cost-sharing, the contracting
officer shall consider the relative benefits to the contractor and the
Government. Factors that should be considered include \--

\(i\) the potential for the contractor to recover its contribution from
non-Federal sources;

\(ii\) the extent to which the particular area of research requires
special stimulus in the national interest; and

\(iii\) the extent to which the research effort or result is likely to
enhance the contractor\'s capability, expertise, or competitive
advantage.

\(b\) **Cost-sharing with not-for-profit organizations.**

\(1\) Costs to perform research stemming from an unsolicited proposal by
universities and other educational or not-for-profit institutions are
usually fully reimbursed. When the contracting officer determines that
there is a potential for significant benefit to the institution
cost-sharing will be considered.

\(2\) The contracting officer will normally limit the institution\'s
share to no more than 10 percent of the project\'s cost.

\(c\) **Implementation.**

Cost-sharing shall be stated as a minimum percentage of the total
allowable costs of the project. The contractor\'s contributed costs may
not be charged to the Government under any other contract or grant,
including allocation to other contracts and grants as part of an
independent research and development program.

**1816.306 Cost-plus-fixed-fee contracts.**

\(d\) *Completion and term forms.*

\(4\) Term form contracts are incompatible with performance base
contracting (PBC) and should not be used with PBC requirements.

**1816.307 Contract clauses.**

(a)(1) In paragraph (h)(2)(ii)(B) of the Allowable Cost and Payment
clause at FAR 52.216-7, the period of years may be increased to
correspond with any statutory period of limitation applicable to claims
of third parties against the contractor; provided, that a corresponding
increase is made in the period for retention of records required in
paragraph (f) of the clause at FAR 52.215-2, Audit and Records -
Negotiation.

\(b\) In solicitations and contracts containing the clause at FAR
52.216-8, Fixed Fee, the Schedule shall include appropriate terms, if
any, for provisional billing against fee.

\(d\) In solicitations and contracts containing the clause at FAR
52.216-10, Incentive Fee, the Schedule shall include appropriate terms,
if any, for provisional billing against fee.

(g)(1) In paragraph (g)(2)(ii) of the Allowable Cost and
Payment\--Facilities clause at FAR 52.216-13, the period of years may be
increased to correspond with any statutory period of limitation
applicable to claims of third parties against the contractor; provided,
that a corresponding increase is made in the period for retention of
records required in paragraph (f) of the clause at FAR 52.215-2, Audit
and Records - Negotiation.

**1816.307-70 NASA contract clauses.**

\(a\) The contracting officer shall insert the clause at 1852.216-73,
Estimated Cost and Cost Sharing, in each contract in which costs are
shared by the contractor pursuant to 1816.303-70.

\(b\) The contracting officer shall insert the clause substantially as
stated at 1852.216-74, Estimated Cost and Fixed Fee, in
cost-plus-fixed-fee contracts.

\(c\) The contracting officer may insert the clause at 1852.216-75,
Payment of Fixed Fee, in cost-plus-fixed-fee contracts. Modifications to
the clause are authorized.

\(d\) The contracting officer shall insert the clause at 1852.216-81,
Estimated Cost, in cost-no-fee contracts that are not cost sharing or
facilities contracts.

\(e\) The contracting officer may insert a clause substantially as
stated at 1852.216-87, Submission of Vouchers for Payment, in
cost-reimbursement solicitations and contracts.

\(f\) When either FAR clause 52.216-7, Allowable Cost and Payment, or
FAR clause 52.216-13, Allowable Cost and Payment\-\--Facilities, is
included in the contract, as prescribed at FAR 16.307(a) and (g), the
contracting officer should include the clause at 1852.216-89, Assignment
and Release Forms.

**Subpart 1816.4\--Incentive Contracts**

**1816.402 Application of predetermined, formula-type incentives.**

When considering the use of a quality, performance, or schedule
incentive, the following guidance applies:

**(1)** A positive incentive is generally not appropriate unless ---

**(i)** Performance above the target (or minimum, if there are no
negative incentives) level is of significant value to the Government;

**(ii)** The value of the higher level of performance is worth the
additional cost/fee;

**(iii)** The attainment of the higher level of performance is clearly
within the control of the contractor; and

**(iv)** An upper limit is identified, beyond which no further incentive
is earned.

**(2)** A negative incentive is generally not appropriate unless ---

**(i)** A target level of performance can be established, which the
contractor can reasonably be expected to reach with a diligent effort,
but a lower level of performance is also minimally acceptable;

**(ii)** The value of the negative incentive is commensurate with the
lower level of performance and any additional administrative costs; and

**(iii)** Factors likely to prevent attainment of the target level of
performance are clearly within the control of the contractor.

**(3)** When a negative incentive is used, the contract must indicate a
level below which performance is not acceptable.

**1816.402-2 Performance incentives.**

**1816.402-270 NASA technical performance incentives.**

\(a\) Pursuant to the guidelines in 1816.402, NASA has determined that a
performance incentive shall be included in all contracts based on
performance-oriented documents (see FAR 11.101(a)), except those awarded
under the commercial item procedures of FAR Part 12, where the primary
deliverable(s) is (are) hardware with a total value (including options)
greater than \$25 million. Any exception to this requirement shall be
approved in writing by the head of contracting activity. Performance
incentives may be included in hardware contracts valued under \$25
million acquired under procedures other than Part 12 at the discretion
of the procurement officer upon consideration of the guidelines in
1816.402. Performance incentives, which are objective and measure
hardware performance after delivery and acceptance, are separate from
other incentives, such as cost or delivery incentives.

\(b\) When a performance incentive is used, it shall be structured to be
both positive and negative based on hardware performance after delivery
and acceptance, unless the contract type requires complete contractor
liability for product performance (e.g., fixed price). In this latter
case, a negative incentive is not required. In structuring the
incentives, the contract shall establish a standard level of performance
based on the salient hardware performance requirement. This standard
performance level is normally the contract\'s minimum performance
requirement. No incentive amount is earned at this standard performance
level. Discrete units of measurement based on the same performance
parameter shall be identified for performance above and, when a negative
incentive is used, below the standard. Specific incentive amounts shall
be associated with each performance level from maximum beneficial
performance (maximum positive incentive) to, when a negative incentive
is included, minimal beneficial performance or total failure (maximum
negative incentive). The relationship between any given incentive,
either positive and negative, and its associated unit of measurement
should reflect the value to the Government of that level of hardware
performance. The contractor should not be rewarded for above-standard
performance levels that are of no benefit to the Government.

\(c\) The final calculation of the performance incentive shall be done
when hardware performance, as defined in the contract, ceases or when
the maximum positive incentive is reached. When hardware performance
ceases below the standard established in the contract and a negative
incentive is included, the Government shall calculate the amount due and
the contractor shall pay the Government that amount. Once hardware
performance exceeds the standard, the contractor may request payment of
the incentive amount associated with a given level of performance,
provided that such payments shall not be more frequent than monthly.
When hardware performance ceases above the standard level of
performance, or when the maximum positive incentive is reached, the
Government shall calculate the final performance incentive earned and
unpaid and promptly remit it to the contractor.

\(d\) When the deliverable hardware lends itself to multiple, meaningful
measures of performance, multiple performance incentives may be
established. When the contract requires the sequential delivery of
several hardware items (e.g., multiple spacecraft), separate performance
incentive structures may be established to parallel the sequential
delivery and use of the deliverables.

\(e\) In determining the value of the maximum performance incentives
available, the contracting officer shall follow the following rules:

\(1\) For a CPFF contract, the sum of the maximum positive performance
incentive and fixed fee shall not exceed the limitations in FAR
15.404-4(c)(4)(i).

\(2\) For an award fee contract.

\(i\) The individual values of the maximum positive performance
incentive and the total potential award fee (including any base fee)
shall each be at least one-third of the total potential contract fee.
The remaining one-third of the total potential contract fee may be
divided between award fee and the maximum performance incentive at the
discretion of the contracting officer.

\(ii\) The maximum negative performance incentive for research and
development hardware (e.g., the first and second units) shall be equal
in amount to the total [earned]{.underline} award fee (including any
base fee). The maximum negative performance incentives for production
hardware (e.g., the third and all subsequent units of any hardware
items) shall be equal in amount to the total [potential]{.underline}
award fee (including any base fee). Where one contract contains both
cases described above, any base fee shall be allocated reasonably among
the items.

\(3\) For cost reimbursement contracts other than award fee contracts,
the maximum negative performance incentives shall not exceed the total
earned fee under the contract.

**1816.404 Fixed-price contracts with award fees.**

Section 1816.405-2 applies to the use of FPAF contracts as if they were
CPAF contracts. However, neither base fee (see 1816.405-271) nor
evaluation of cost control (see 1816.405-274) apply to FPAF contracts.

**1816.405 Cost-reimbursement incentive** **contracts.**

**1816.405-2 Cost-plus-award-fee (CPAF) contracts.**

**1816.405-270 CPAF contracts.**

\(a\) Use of an award fee incentive shall be approved in writing by the
procurement officer. The procurement officer\'s approval shall include a
discussion of the other types of contracts considered and shall indicate
why an award fee incentive is the appropriate choice. Award fee
incentives should not be used on contracts with a total estimated cost
and fee less than \$2 million per year. The procurement officer may
authorize use of award fee for lower-valued acquisitions, but should do
so only in exceptional situations, such as contract requirements having
direct health or safety impacts, where the judgmental assessment of the
quality of contractor performance is critical.

\(b\) Except as provided in paragraph (c) of this section, an award fee
incentive may be used in conjunction with other contract types for
aspects of performance that cannot be objectively assessed. In such
cases, the cost incentive is based on objective formulas inherent in the
other contract types (e.g., FPI, CPIF), and the award fee provision
should not separately incentivize cost performance.

\(c\) Award fee incentives shall not be used with a cost-plus-fixed-fee
(CPFF) contract.

**1816.405-271 Base fee.**

\(a\) A base fee shall not be used on CPAF contracts for which the
periodic award fee evaluations are final (1816.405-273(a)). In these
circumstances, contractor performance during any award

fee period is independent of and has no effect on subsequent performance
periods or the final results at contract completion. For other
contracts, such as those for hardware or software

provisionally paid is the lesser of a percentage stipulated in the
contract (but not exceeding 80 percent) or the prior period\'s
evaluation score. For an end item contract, the total amount of
provisional payments in a period is limited to a percentage not to
exceed 80 percent of the prior interim period's evaluation score.

\(c\) *Fee Payment*. The Fee Determination Official\'s rating for both
interim and final evaluations will be provided to the contractor within
45 calendar days of the end of the period being evaluated. Any fee,
interim or final, due the contractor will be paid no later than 60
calendar days after the end of the period being evaluated.

**1816.406 Contract clauses.**

**1816.406-70 NASA contract clauses.**

\(a\) As authorized by FAR 16.406(e), the contracting officer shall
insert the clause at 1852.216-76, Award Fee for Service Contracts, in
solicitations and contracts when an award-fee contract is contemplated
and the contract deliverable is the performance of a service.

\(b\) As authorized by FAR 16.406(e), the contracting officer shall
insert the clause at 1852.216-77, Award Fee for End Item Contracts, in
solicitations and contracts when an award fee contract is contemplated
and the contract deliverables are hardware or other end items for which
total contractor performance cannot be measured until the end of the
contract. When the clause is used in a fixed-price award-fee contract,
it shall be modified by deleting references to base fee in paragraphs
(a), and by deleting paragraph (c)(1), the last sentence of (c)(4), and
the first sentence of (c)(5).

\(c\) The contracting officer may insert a clause substantially as
stated at 1852.216-83, Fixed Price Incentive, in fixed-price-incentive
solicitations and contracts utilizing firm or successive targets. For
items subject to incentive price revision, identify the target cost,
target profit, target price, and ceiling price for each item.

\(d\) The contracting officer shall insert the clause at 1852.216-84,
Estimated Cost and Incentive Fee, in cost-plus-incentive-fee
solicitations and contracts.

\(e\) The contracting officer may insert the clause at 1852.216-85,
Estimated Cost and Award Fee, in award-fee solicitations and contracts.
When the contract includes performance incentives, use Alternate I. When
the clause is used in a fixed-price award fee contract, it shall be
modified to delete references to base fee and to reflect the contract
type.

\(f\) As provided at 1816.402-270, the contracting officer shall insert
a clause substantially as stated at 1852.216-88, Performance Incentive,
when the primary deliverable(s) is (are) hardware and total estimated
cost and fee is greater than \$25 million. A clause substantially as
stated at 1852.216-88 may be included in lower dollar value hardware
contracts with the approval of the procurement officer.

**Subpart 1816.5\--Indefinite-Delivery Contracts**

**1816.504 Indefinite quantity contracts.**

(a)(4)(ii) ID/IQ service contract values and task order values shall be
expressed only in dollars.

(a)(4)(v) See 1815.7003.

**1816.505 Ordering.**

\(a\) (2) Task and delivery orders shall be issued by the contracting
officer.

(b)(5) The Agency and installation ombudsmen designated in accordance
with 1815.7001 shall review complaints from contractors on task order
contracts and delivery order contracts.

**1816.505-70 Task ordering.**

\(a\) The contracting officer shall, to the maximum extent possible,
state task order requirements in terms of functions and the related
performance and quality standards such that the standards may be
objectively measured.

\(b\) To the maximum extent possible, contracting officers shall solicit
contractor task plans to use as the basis for finalizing task order
requirements and enable evaluation and pricing of the contractor\'s
proposed work on a performance based approach as described in
1816.104-70(a).

\(c\) Task order contract type shall be individually determined, based
on the nature of each task order\'s requirements.

\(1\) Task orders may be grouped by contract type for administrative
convenience (e.g., all CPIF orders, all FFP orders, etc.) for contractor
progress and cost reporting.

\(2\) Under multiple awards, solicitations for individual task plans
shall request the same pricing structure from all offerors.

\(d\) Any undefinitized task order issued under paragraph (f) of the
clause at 1852.216-80, Task Ordering Procedure, shall be treated and
reported as an undefinitized contract action in accordance with 1843.70.

**1816.506-70 NASA contract clause.**

Insert the clause at 1852.216-80, Task Ordering Procedure, in
solicitations and contracts when an indefinite-delivery, task order
contract is contemplated. The clause is applicable to both fixed-price
and cost-reimbursement type contracts. If the contract does not require
533M reporting (see NPR 9501.2, NASA Contractor Financial Management
Reporting), use the clause with its Alternate I.

**Subpart 1816.6\--Time-and-Materials, Labor-Hour, and Letter
Contracts**

**1816.603 Letter contracts.**

1816.603-2 Application.

\(a\) Centers must ensure that NASA liabilities and commitments are
minimized under letter contracts. When a letter contract is justified
and program requirements can be severed into smaller, discreet efforts,
the work authorized by the letter contract must be limited to the
minimum severable effort required to satisfy the urgent program
requirements. The remaining requirements may not be initially included
in the letter contract and must be acquired through a separate fully
priced and definitized contract action.

**1816.603-370 Approvals.**

(a)(1) The approval authority to issue a letter contract is \--

\(i\) The Assistant Administrator for Procurement when the estimated
value of the definitized contract is equal to or greater than the Master
Buy Plan (MBP) submission threshold of 1807.7101;

\(ii\) The procurement officer when the estimated value of the
definitized contract is below the MBP submission threshold; and

are provided by and are acceptable to or preferred by the Military
Department supplying activity or as otherwise mutually agreed upon by
the parties.

\(b\) Include a provision in accordance with 1817.7203.

\(c\) To obtain materials from the Air Force Missile Procurement Fund,
the contracting officer shall follow the procedures of 1808.002-72.

**1817.7002-1 Acceptance** **by** **Military** **Department.**

\(a\) Except as provided in paragraph (c) of this section, the Military
Department concerned will, within 30 days after receipt of a
NASA-Defense Purchase Request, forward to the initiator of the request
an Acceptance of MIPR, DD Form 448-2. Each DD Form 448-2 will show the
action being taken to fill the requirement and the name and complete
address of the DOD contracting activity.

\(b\) To the extent feasible, all documents (including acceptances,
contracts, correspondence, shipping documents, work or project orders,
and Standard Form 1080 (Voucher for Transfer between Appropriations
and/or Funds) billings) will reference the NASA-Defense Purchase Request
number and the item number.

\(c\) Acceptance by the Military Department is not required for
NASA-Defense Purchase Requests covering deliveries of common-use
standard-stock items that the supplying agency has on hand or on order
for prompt delivery at published prices.

**1817.7002-2 Changes** **in** **estimated** **total** **prices.**

When a Military Department determines that the estimated total price
(Block 7, NASA Form 523) of the items to be acquired for NASA is not
sufficient to cover the required reimbursement or is in excess of the
amount required, a request for an amendment will be forwarded to the
NASA originating office. The request will indicate a specific dollar
amount, rather than a percentage, and will include justification for any
upward adjustment requested. Upon approval of the request, the cognizant
NASA contracting office shall forward to the DOD contracting activity an
amendment to the NASA Defense Purchase Request.

**1817.7002-3 Payments.**

Except when agreements provide that reimbursement is not required,
payments to the Military Departments shall be made by NASA office
designated in block 9 of the NASA-Defense Purchase Request upon receipt
of Standard Form 1080. Billings will be supported in the same manner as
billings between Military Departments.

**1817.7002-4 Contract** **clause.**

The contracting officer shall insert the clause at 1852.217-70, Property
Administration and Reporting, in any NASA-Defense Purchase Request when
property will be involved.

**Subpart 1817.71\--Exchange or Sale of Personal Property**

**1817.7101 Policy.**

\(a\) Section 201(c) of the Federal Property and Administrative Services
Act of 1949, 63 Stat. 384, as amended (40 U.S.C. 481(c)), authorizes the
exchange or sale of Government personal property and the application of
the exchange allowance or proceeds from sale to the acquisition of
similar property for replacement purposes. The transaction must be
evidenced in writing.

\(b\) NASA installations and contractors are authorized to conduct
exchange/sale transactions as long as the requirements and restrictions
of NPR 4300.1 and the Federal Property Management Regulations,
Subchapter H, part 101-46, are followed. In conducting such
exchanges/sales, NASA contractors must obtain the contracting officer\'s
prior written approval and must report the transactions to the cognizant
NASA installation Property Disposal Officer (PDO).

**Subpart 1817.72\--Interagency Transactions**

**1817.7201 Policy.**

\(a\) The Space Act (42 U.S.C. 2473) applies to NASA interagency
acquisitions except those for the NASA Office of Inspector General
acquired under the authority of the Inspector General Act of 1978 (5
US.C. Appendix III). NASA has elected to conform its implementation of
the Space Act and the Inspector General Act to the requirements of the
Economy Act (see FAR 17.5).

\(b\) Individual orders or successive non-competitive interagency orders
for the same requirement with the same servicing agency shall not exceed
five years.

\(c\) Requests for deviation from the five year limitation in paragraph
(b) of this section shall require the approval of the Center Director if
the estimated value of the order is \$5 million or less, or the
Assistant Administrator for Procurement (Code HS) if the estimated value
of the order exceeds \$5 million. Requests for deviation shall address:

\(1\) Why more than five years is required;

\(2\) Why the work must be performed by the same servicing agency; and

\(3\) How long beyond the current order the requirement is expected to
continue.

1817.7202 Determinations and findings requirements.

\(a\) Interagency acquisitions shall be supported by a Determination and
Finding (D&F) equivalent to that required for Economy Act transactions
(see FAR 17.503). This requirement applies to all purchases of goods or
services under contracts entered into or administered by agencies other
than NASA including the Military Departments. The Space Act shall be
cited as authority for all NASA interagency acquisitions except that the
Inspector General Act shall be cited as the authority for interagency
acquisitions for the NASA Office of Inspector General.

\(b\) To satisfy the D&F requirement identified in FAR 17.503(a)(2),
current market prices, recent acquisition prices, or prices obtained by
informational submissions as provided in FAR 15.201 may be used to
ascertain whether the acquisition can be accomplished more economically
from commercial sources.

\(c\) In addition to the requirements in FAR 17.503, the D&F must
identify the period of performance and whether the acquisition is a
non-competitive follow-on for the same services from the same servicing
agency. (See 1817.7201(b).)

\(d\) The determination described in paragraph (a) of this section is
not required for contracts awarded under the Space Act to Government
agencies pursuant to a Broad Agency Announcement when a review of the
acquisition records would make it obvious that the award is not being
used as a method of circumventing regulatory or statutory requirements,
particularly FAR Part 6, Competition Requirements (e.g., when a
significant number and value of awards made under the BAA are made to
entities other than Government agencies).

\(e\) All D&F's for a servicing agency not covered by the FAR shall be
approved by the Assistant Administrator for Procurement.

\(b\) In addition to the information in paragraph (a) of this section,
the synopsis for the subsequent phase(s) must identify the current phase
contractors.

**1817.7301-5 Progressive competition.**

\(a\) To streamline the acquisition process, the preferred approach for
NASA phased acquisitions is the \"progressive competition\"
down-selection technique in which new, formal solicitations are not
issued for phases subsequent to the initial phase. Subsequent phase
proposals are requested by less formal means, normally by a letter
accompanied by the appropriate proposal preparation and evaluation
information.

\(b\) When using the progressive competition technique, if a prospective
offeror other than one of the preceding phase contractors responds to
the synopsis for a subsequent phase and indicates an intention to submit
a proposal, the contracting officer shall provide to that offeror all
the material furnished to the preceding phase contractors necessary to
submit a proposal. This information includes the preceding phase
solicitation, contracts, and system performance and design requirements,
as well as all proposal preparation instructions and evaluation factors.
In addition, the prospective offeror must be advised of all requirements
necessary for demonstration of a design maturity equivalent to that of
the preceding phase contractors.

\(c\) A key feature of the progressive competition technique is that a
formal solicitation is normally not required. However, when the
Government requirements or evaluation procedures change so significantly
after release of the initial phase solicitation that a substantial
portion of the information provided in the initial phase synopsis,
solicitation, or contracts is no longer valid, a new solicitation shall
be issued for the next phase.

\(d\) Subsequent phase proposals should be requested by a letter
including the following:

\(1\) A specified due date for the proposals along with a statement that
the late proposal information in paragraph (c)(3) of FAR 52.215-1,
Instructions to Offerors \-- Competitive Acquisition, applies to the due
date.

\(2\) Complete instructions for proposal preparation, including page
limitations, if any.

\(3\) Final evaluation factors.

\(4\) Any statement of work, specifications, or other contract
requirements that have changed since the initial solicitation.

\(5\) All required clause changes applicable to new work effective since
the preceding phase award.

\(6\) Any representations or certifications, if required.

\(7\) Any other required contract updates (e.g., small and small
disadvantaged business goals).

\(e\) Certain factors may clearly dictate that the progressive
competition technique should not be used. For example, if it is likely
that NASA may introduce a design concept independent of those explored
by the preceding phase contractors, it is also likely that a new, formal
solicitation is necessary for the subsequent phase and all potential
offerors should be solicited. In this circumstance, progressive
competition is inappropriate.

**1817.7302 Contract clauses.**

\(a\) The contracting officer shall insert the clause at 1852.217-71,
Phased Acquisition Using Down-Selection Procedures, in solicitations and
contracts for phased acquisitions using down-selection procedures other
than the progressive competition technique. The clause may be modified
as appropriate if the acquisition has more than two phases. The clause
shall be included in the solicitation for each phase and in all
contracts except that for the final phase.

\(b\) The contracting officer shall insert the clause at 1852.217-72,
Phased Acquisition Using Progressive Competition Down-Selection
Procedures, in solicitations and contracts for phased acquisitions using
the progressive competition technique. The clause may be modified as
appropriate if the acquisition has more than two phases. The clause
shall be included in the initial phase solicitation and all contracts
except that for the final phase.

PART 1822

**APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS**

**TABLE OF CONTENTS**

1822.000-70 Scope of part.

**SUBPART 1822.1 BASIC LABOR POLICIES**

1822.101 Labor relations.

1822.101-1 General.

1822.101-3 Reporting labor disputes.

1822.101-4 Removal of items from contractors\' facilities affected
by work

stoppages.

1822.101-70 Admission of labor representatives to contract sites.

1822.103 Overtime.

1822.103-4 Approvals.

1822.103-5 Contract clause.

**SUBPART 1822.3 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT**

1822.302 Liquidated damages and overtime pay.

**SUBPART 1822.4 LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION**

1822.400-70 Contacts with the Department of Labor.

1822.404-3 Procedures for requesting wage determinations.

1822.406-8 Investigations.

1822.406-9 Withholding from or suspension of contract payments.

1822.406-13 Semiannual enforcement reports.

**SUBPART 1822.6 WALSH-HEALEY PUBLIC** **CONTRACTS ACT**

1822.604 Exemptions.

1822.604-2 Regulatory exemptions.

**SUBPART 1822.8 EQUAL EMPLOYMENT** **OPPORTUNITY**

1822.804 Affirmative action programs.

1822.804-2 Construction.

1822.807 Exemptions.

1822.810 Solicitation provisions and contract clauses.

**SUBPART 1822.10 SERVICE CONTRACT ACT** **OF 1965**

1822.1001 Definitions.

1822.1008 Procedures for preparing and submitting Notice (SF 98/98a).

1822.1008-270 Additional information for the preparation of SF 98/98a.

1822.1008-7 Required time of submission of Notice.

**SUBPART 1822.13 SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM
ERA, AND OTHER ELIGIBLE VETERANS**

1822.1305 Waivers.

1822.1308 Complaint procedures.

**SUBPART 1822.14 EMPLOYMENT OF WORKERS WITH DISABILITIES**

1822.1403 Waivers.

1822.1406 Complaint procedures.

**SUBPART 1822.15 PROHIBITION OF ACQUISITION OF PRODUCTS**

PRODUCED BY FORCED OR INDENTURED CHILD

LABOR

1822.1503 Procedures for acquiring end products on the List of Products

Requiring Contractor Certification as to Forced or Indentured

Child Labor.

**PART 1822**

**APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS**

**1822.000-70 Scope of part.**

\(a\) Contracting officers shall consult with the installation labor
relations advisor or designee when taking any of the actions prescribed
or authorized in FAR Part 22 or NFS Part 1822.

\(b\) Proposed actions having a substantial impact on the activities of
NASA or other Government agencies shall be approved by the Headquarters
Contractor Industrial Relations Office (Code JR).

**Subpart 1822.1\--Basic Labor Policies**

**1822.101 Labor** **relations.**

**1822.101-1 General.**

\(d\) When a strike that may have an adverse effect on NASA programs is
imminent or in progress at a prime contractor\'s or subcontractor\'s
plant, contracting officers shall:

**(i)** Advise both the prime contractor and the head of the union local
in writing of the expected impact of the strike on NASA programs and of
the actions NASA is considering to protect the Government\'s interest
and prevent delay in the accomplishment of NASA\'s mission. If the
strike is in a subcontractor\'s plant, the subcontractor may be
approached only through the prime contractor;

**(ii)** Explore the possibility of locating other sources for the
supplies or services to have been provided by the strike-threatened
plant; and

**(iii)** Consider taking the actions described in FAR 22.101-4.

**1822.101-3**  **Reporting** **labor** **disputes.**

Reports of potential or actual labor disputes affecting NASA
acquisitions, operations, or services shall be submitted to the
Headquarters Contractor Industrial Relations Office (Code JR). These
reports shall be made as early as possible and shall include immediately
available information. Supplemental reports shall be made to provide
appropriate additional information. Reports shall describe at a minimum:

**(1)** The nature of the potential or actual dispute, including whether
a strike, lockout, slow-down, shut-down, or picketing is involved and
the degree of emergency presented;

**(2)** The character, quantity, and importance of the supplies,
operations, or services involved, including scheduled performance and
delivery dates and their relationship to the total acquisition program;

**(3)** The identity and location of the parties to the dispute and
their representatives, including the approximate number of employees
involved;

**(4)** The need for and availability of alternative resources to
furnish the items involved within the time required;

**(5)** Any critical items that should be removed from the plant or work
site or should continue to be processed there with the consent of the
parties to the dispute; and

**(6)** Recommended action to be taken by NASA.

**1822.101-4** **Removal** **of** **items** **from** **contractors\'**
**facilities** **affected** **by** **work** **stoppages.**

(a)(3) The contracting officer shall obtain approval from Code JR for
any contemplated action.

**1822.101-70 Admission of labor representatives to contract sites.**

NASA activities may not prevent the access of labor union
representatives to contract sites for the conduct of union business if
their activities are compatible with safety and security regulations and
performance of the contract work involved.

**1822.103  Overtime.**

**1822.103-4  Approvals.**

\(a\) The contracting officer is authorized to approve overtime premiums
at Government expense. If two or more contracting offices have current
contracts at a single facility and approval of overtime by one will
affect the performance or cost of contracts of another, the approving
official shall obtain the concurrence of other appropriate approving
officials and seek agreement as to the contracts under which premiums
will be approved. In the absence of evidence to the contrary, a
contracting officer may rely on the contractor\'s statement that
approval will not affect performance or payments under any contract of
another contracting office.

**1822.103-5 Contract clause.**

Insert the clause at 52.222-1, Notice to the Government of Labor
Disputes, in all solicitations and contracts that exceed the simplified
acquisition threshold.

**Subpart 1822.3\--Contract Work Hours and Safety Standards Act**

**1822.302  Liquidated damages and** **overtime pay.**

\(c\) The Director of the Headquarters Contractor Industrial Relations
Office (Code JR) is the agency head designee.

\(d\) Disposal of funds withheld or collected for liquidated damages
shall be in accordance with direction of the Director of Code JR.

**Subpart 1822.4\--Labor Standards for Contracts Involving
Construction**

**1822.400-70 Contacts with the Department of Labor.**

All contacts with the Department of Labor required by FAR Subpart 22.4,
except for wage determinations, shall be conducted through the
Headquarters Contractor Industrial Relations Office (Code JR).
Contracting officers shall submit all pertinent information to Code JR
in support of Code JR for contacts. For wage determinations, contracting
officers shall submit all requests directly to Goddard Space Flight
Center, Contractor Industrial Relations Office - GSFC, Code 201,
Greenbelt, Maryland 20771 (GSFC).

**1822.404-3  Procedures for requesting** **wage determinations.**

Contracting officers shall submit requests for project wage
determinations to GSFC at least 55 days (70 days if possible) before
issuing the solicitation.

**1822.406-8 Investigations.**

\(a\) The contracting officer is responsible for conducting
investigations of labor violations relative to contracts under their
cognizance.

\(d\) Reports of violations shall be sent to Code JR.

**1822.406-9 Withholding from or suspension of contract payments.**

(c)(4) Code JR shall determine the disposal of funds.

**1822.406-13  Semiannual enforcement** **reports.**

Procurement officers shall submit semiannual enforcement data within 20
days after the end of the specified reporting periods to the
Headquarters Office of Procurement (Code HK). Negative statements are
required.

**Subpart 1822.6\--Walsh-Healey Public Contracts Act**

**1822.604 Exemptions.**

**1822.604-2**  **Regulatory exemptions.**

\(b\) Requests for exemptions shall be submitted in writing through the
contracting officer to the Headquarters Contractor Industrial Relations
Office (Code JR).

**Subpart 1822.8\--Equal Employment Opportunity**

**1822.804 Affirmative** **action** **programs.**

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 8830.1).

**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 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 1823.570-3 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.

**1823.570-2  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 NPR 8570.1, "Energy Efficiency and Water
Conservation Technologies and Practices".

Subpart 1823.10\--Federal Compliance with Right-to-Know Laws and
Pollution

Prevention Requirements

**1823.1005 Contract clause.**

\(b\) Use the clause with its Alternate I if the contract provides for
contractor --

\(1\) Operation or maintenance of a NASA facility at which NASA has
implemented or plans to implement an EMS, including, but not limited to
the Jet Propulsion Laboratory and Michoud Assembly Facility; or

> \(2\) Activities and operations --

\(ii\) The contracting officer and the procurement request initiator
shall determine whether the contractor's activities or operations are
covered within the EMS, in cooperation with the facility's environmental
office, and in accordance with NPR 8553.1, "NASA Environmental
Management System (EMS)" paragraph 1.2.c, and the local EMS documented
procedures.

\(c\) Use the clause with its Alternate II whenever Alternate I is used.

**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 1825

**FOREIGN ACQUISITION**

**TABLE OF CONTENTS**

1825.003 Definitions.

1825.003-70 NASA definitions.

**SUBPART 1825.1 BUY AMERICAN ACT\--SUPPLIES**

1825.103 Exceptions

**SUBPART 1825.4 TRADE AGREEMENTS**

1825.400 Scope of subpart.

**SUBPART 1825.9 CUSTOMS AND DUTIES**

1825.901 Policy.

1825.903 Exempted supplies.

**SUBPART 1825.10 ADDITIONAL FOREIGN ACQUISITION**

**REGULATIONS**

1825.1001 Waiver of right to examination of records.

1825.1002 Use of foreign currency.

**SUBPART 1825.11 SOLICITATION PROVISIONS AND CONTRACT**

**CLAUSES**

1825.1101 Acquisition of Supplies.

1825.1103 Other provisions and clauses.

1825.1103-70 Export control.

**SUBPART 1825.70 FOREIGN CONTRACTS AND INTERNATIONAL**

**AGREEMENT CLEARANCES**

1825.7000 Scope of subpart.

1825.7001 Definition.

1825.7002 Foreign Contracts.

1825.7003 International Agreements.

**PART 1825**

**FOREIGN ACQUISITION**

**1825.003 Definitions.**

**1825.003-70 NASA definitions.**

**\"Canadian end product",** for an item with an estimated value of
\$25,000 or less, means an unmanufactured end product mined or produced
in Canada or an end product manufactured in Canada, if the cost of its
components mined, produced, or manufactured in Canada or the United
States exceeds 50 percent of the cost of all its components. The cost of
components includes transportation costs to the place of incorporation
into the end product. For an end product with an estimated value in
excess of \$25,000, the definition at FAR 25.003 applies.

**Subpart 1825.1\--Buy American Act\--Supplies**

**1825.103 Exceptions.**

\(a\) **(i)** The Assistant Administrator for Procurement has determined
that it is inconsistent with the public interest to apply restrictions
of the Buy American Act to Canadian end products with estimated values
of \$25,000 or less as defined in 1825.003-70. Accordingly, contracting
officers must evaluate all offers for such Canadian end products on a
parity with offers for domestic end products, except that applicable
duty (whether or not a duty free entry certificate may be issued) must
be included in evaluating offers for Canadian end products.

**(ii)** The Assistant Administrator for Procurement has determined that
for procurements subject to the Trade Agreements Act, it would be
inconsistent with the public interest to apply the Buy American Act to
U.S.-made end products that are substantially transformed in the United
States.

**(iii)** The procurement officer shall send proposed public interest
determinations to the Assistant Administrator for Procurement (Code HS)
for approval.

**Subpart 1825.4\--Trade Agreements**

**1825.400 Scope of subpart.**

\(b\) The Buy American Act applies to all acquisitions of Japanese end
products or services in excess of \$2,500.

**Subpart 1825.9\--Customs and Duties**

**1825.901 Policy.**

NASA has statutory authority to exempt certain articles from import
duties, including articles that will be launched into space, spare parts
for such articles, ground support equipment, and unique equipment used
in connection with an international program or launch service agreement.
This authority is fully described in 14 CFR 1217.

**1825.903 Exempted supplies.**

\(a\) Through delegation from the Assistant Administrator for
Procurement, Procurement Officers are authorized to certify duty free
entry for articles imported into the United States, if those articles
are procured by NASA or by other U.S. Government agencies, or by U.S.
Government contractors or subcontractors when title to the articles is
or will be vested in the U.S. Government in accordance with the terms of
the contract or subcontract. Procurement officers shall complete the
certification set forth in 14 CFR 1217.104(a) or 1217.104(c)

(http://www.access.gpo.gov/nara/cfr/cfr-retrieve.html - page1). Upon
arrival of foreign supplies at a port of entry, the consignee, generally
the commercial carrier or its agent (import broker), will file Customs
Form 7501, Entry Summary. This form is available from Service Ports
(http://www.customs.ustreas.gov/location/ports/index.htm) or from NASA
Headquarters\' forms library
(https://extranet.hq.nasa.gov/nef/user/form_search.cfm). All duty-free
certificates must be