[Federal Register Volume 63, Number 144 (Tuesday, July 28, 1998)]
[Rules and Regulations]
[Pages 40189-40190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20104]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1801, 1812, 1813


Simplified Acquisition Procedures

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: This is a final rule amending the NASA FAR Supplement (NFS) on 
simplified acquisition procedures to align the NASA FAR Supplement with 
the rewritten Part 13 of the FAR.

EFFECTIVE DATE: July 28, 1998.

FOR FURTHER INFORMATION CONTACT: Tom Deback, NASA Office of 
Procurement, Analysis Division (Code HC), (202) 358-0431.

SUPPLEMENTARY INFORMATION:

Background

    FAC 97-03 promulgated a reorganization of FAR Part 13, Simplified 
Acquisition Procedures. The NFS is in substantive compliance with the 
revised FAR, but extensive administrative redesignation of NFS 1813 is 
required for structural conformance. In addition to the Part 1813 
changes, this final rule also makes an administrative revision to 
indicate the Internet address for the official Agency version for the 
NFS and adds a new subpart to reflect a statutory prohibition on 
underwriting commercial space ventures.

Impact

    This final rule does not constitute a significant revision within 
the meaning of FAR 1.501 and Pub.L. 98-577, and publication for public 
comment is not required. This final rule does not impose any reporting 
requirements or recordkeeping requirements subject to the Paperwork 
Reduction Act.

List of Subjects in 48 CFR Parts 1801, 1812, 1813

    Government procurement.
Tom Luedtke,
Deputy Associate Administrator for Procurement.

    Accordingly, 48 CFR Parts 1801, 1812, and 1813 are amended as 
follows:
    1. The authority citation for 48 CFR Parts 1801, 1812, and 1813 
continues to read as follows:

    Authority: 42 U.S.C. 2473(c)(1)

PART 1801--FEDERAL ACQUISITION REGULATION SYSTEM

    2. In section 1801.105-3, paragraph (2) is revised to read as 
follows:


1801.105-3  Copies.

* * * * *
    (2) The single official NASA-maintained version of the NFS is on 
the Internet (<a href="http://www.hq.nasa.gov/office/procurement/regs/
nfstoc.htm">http://www.hq.nasa.gov/office/procurement/regs/
nfstoc.htm</a>).
* * * * *

PART 1812--ACQUISITION OF COMMERCIAL ITEMS

    3. Subpart 1812.70 is added to read as follows:

Subpart 1812.70--Commercial Space Hardware or Services


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

    Public Law 102-139, title III, Section 2459d, prohibits NASA from 
awarding a contract with an expected duration of more than one year if 
the primary effect of the contract is to provide a guaranteed customer 
base for, or establish an anchor tenancy in, new commercial space 
hardware or services. Exception to this prohibition may be authorized 
only by an appropriations Act specifically providing otherwise.
    4. Part 1813 is revised to read as follows:

PART 1813--SIMPLIFIED ACQUISITION PROCEDURES

Sec.
1813.000  Scope of part.
1813.003  Policy.

Subpart 1813.1 Procedures

1813.106  Soliciting competition, evaluation of quotations or 
offers, award and documentation.
1813.106-3  Award and documentation.

Subpart 1813.3 Simplified Acquisition Methods

1813.301  Governmentwide commercial purchase card.
1813.301-70  Purchase card documentation.
1813.301-72  Approving official.
1813.301-73  Program officials.
1813.302  Purchase orders.
1813.302-1  General.
1813.302-70  Purchase orders under section 8(a) of the Small 
Business Act.
1813.303  Blanket Purchase Agreements (BPAs).
1813.303-3  Preparation of BPAs.
1813.307  Forms.

    Authority: 42 U.S.C. 2473(c)(1).


1813.000  Scope of part.

    FAR Part 13 and 1813 do not apply to NASA Research Announcements 
and Announcements of Opportunity. These acquisitions shall be conducted 
in accordance with the procedures in 1835.016-70 and 1872, 
respectively, and, if awards are to be made as procurement instruments, 
they shall be

[[Page 40190]]

made as bilateral contracts rather than purchase orders.


1813.003  Policy. (NASA supplements paragraph (h))

    (h) Acquisitions under these simplified acquisition procedures 
shall be fixed-price, except as provided under the unpriced purchase 
order method in FAR 13.302-2.

Subpart 1813.1--Procedures


1813.106  Soliciting competition, evaluation of quotations or offers, 
award and documentation.


1813.106-3  Award and documentation. (NASA supplements paragraph (b))

    (b)(3)(ii) For purchases up to $50,000, documentation shall be 
limited to a brief notation in the file indicating the rationale for 
selecting other than the lowest priced offer.

Subpart 1813.3--Simplified Acquisition Methods


1813.301  Governmentwide commercial purchase card. (NASA supplements 
paragraphs (a), (b), and (c))

    (a) The procurement officer shall designate individual cardholders 
in accordance with center procedures, subject to the following 
limitations:
    (i) Personnel other than contracting officers may be designated as 
cardholders for micro-purchases and for individual orders under BPAs up 
to $5,000 (see 1813.303-3(a)(4)), provided they complete training 
adequate to ensure appropriate use of the purchase card. Training 
materials are available from the NASA Procurement Library on the 
Internet at http://ec.msfc.nasa.gov/hq/library/library.html.
    (ii) The procurement officer's designation shall be in writing and 
shall specify the scope of the cardholder's authority.
    (iii) The center shall establish and maintain administrative 
procedures and management controls required by the General Services 
Administration (GSA). Purchases made with the Governmentwide commercial 
purchase card shall comply with the instructions and procedures issued 
by GSA as well as applicable parts of the FAR and NFS.
    (b) The Governmentwide commercial purchase card may be used to 
order and pay for purchases under contracts established under FAR Part 
8 procedures, up to the simplified acquisition threshold (except see 
paragraph (a)(i) of this section for dollar limitations for personnel 
other than contracting officers).
    (c) The Governmentwide commercial purchase card may be used to 
order and pay for purchases in the circumstances described in FAR 
13.301(c) up to the simplified acquisition threshold (except see 
paragraph (a)(i) of this section for limitations for personnel other 
than contracting officers). Except as authorized in paragraphs (b) and 
(c) of this section, the Governmentwide commercial purchase card may 
not be used for purchases in excess of $25,000. Purchases above the 
micro-purchase threshold shall comply with all applicable statutory and 
regulatory requirements, including the following:
    (i) Small business set-aside (see FAR 13.003(b)).
    (ii) Representations and certifications. The applicable items from 
the provision at FAR 52.212-3, Offeror Representations and 
Certifications--Commercial Items, shall be obtained for commercial or 
noncommercial purchases. This information may be obtained orally from 
vendors.
    (iii) Maximum practicable competition (see FAR 13.106-1).
    (iv) Implementation of the applicable contract clauses. This 
requirement may be satisfied by forwarding a completed SF 1449, 
appropriately modified to reflect purchase card terms, to the awardee 
after placing the order via the card, provided that the awardee must be 
notified of, and agree to, the applicability of the SF 1449 clauses 
when the order is placed.


1813.301-70  Purchase card documentation.

    Documentation of purchases shall be minimized. For transactions 
below the micro-purchase threshold, the card holder shall maintain a 
brief log of purchases and a file of monthly purchase card statements 
indicating whether item receipt has occurred. For purchases above the 
micro-purchase threshold, see 1813.106-3(b)(3)(ii).


1813.301-72  Approving official.

    The approving official is the individual who reviews and approves a 
cardholder's monthly statement of purchases. The approving official 
shall be the cardholder's immediate or higher level supervisor; in no 
case shall cardholders approve their own statement of purchases. Unless 
center procedures otherwise provide for their designation, the 
procurement officer shall designate approving officials.


1813.301-73  Program officials.

    (a) The Headquarters Office of Procurement (Code HK) is the agency 
program coordinator.
    (b) The procurement officer shall identify the center program 
coordinator and the center billing office point of contact, and provide 
their names to the agency program coordinator.


1813.302  Purchase orders.


1813.302-1  General. (NASA supplements paragraph (a))

    (a) See 1813.003(h).


1813.302-70  Purchase orders under section 8(a) of the Small Business 
Act.

    Purchase orders made using simplified acquisition procedures are 
authorized for 8(a) acquisitions under the simplified acquisition 
threshold.


1813.303  Blanket Purchase Agreements (BPAs)


1813.303-3  Preparation of BPAs. (NASA supplements paragraph (a))

    (a)(4) Non-GS-1102 or -1105 personnel shall not be authorized to 
place individual orders under a BPA in an amount greater than $5,000. 
For sole source orders above $2,500, a contracting officer's 
determination is required in accordance with FAR 13.106-1(b)(1).


1813.307  Forms. (NASA supplements paragraphs (b), (c), and (d))

    (b) Installations may use locally prescribed forms.
    (c) Installations may use locally prescribed forms.
    (d) The SF 44 may be used for purchases of aviation fuel and oil of 
$10,000 or less.

[FR Doc. 98-20104 Filed 7-27-98; 8:45 am]
BILLING CODE 7510-01-P