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pdfNational Aeronautics and Space Administration
The text below, accessible via the internet, comprise
the official NASA-maintained version of the National Aeronautics
and Space Administration supplement to the Federal Acquisition
Regulation (FAR) - NASA FAR Supplement (NFS).
The NFS is issued as Chapter 18 of Title 48, Code of Federal
Regulations.
The NFS has been modified on May 11, 2023 through PN 23-04.
2015 Edition
Effective September 28, 2015
Office of Procurement
NASA FAR Supplement
NASA Federal Acquisition Regulation Supplement
Procurement Notices (PNs): Changes to the NFS require rulemaking and publication in the
Federal Register when a change may have an effect on the public. Changes to internal guidance
and procedures are controlled, processed, and approved internally and are not required to be
published in the Federal Register. All changes are then incorporated into the single, official
NASA-maintained Internet version of the NFS through the issuance of PNs. PNs are numbered
consecutively, prefixed by the last two digits of the calendar year of issuance.
Procurement Class Deviations (PCDs): Used to deviate from FAR and/or NFS requirements in
cases where the deviation affects more than one contract action and is temporary in nature.
Procurement Information Circulars (PICs): Used for internal dissemination of procurementrelated information that clarifies existing policy, is temporary in nature or episodic and generally
not suitable for inclusion in the NFS.
NFS Archive: Previously issued versions of the NFS are provided for historical purposes only.
References to the Federal Acquisition Regulations (FAR), NASA Procedural Requirements
(NPR), NASA Policy Directive (NPD), and agency-wide templates throughout the NFS can be
explored through the following websites:
FAR
NASA Online Directives Information System (NODIS)
Agency Templates (Internal NASA Only)
For questions relating to NFS publications, contact the NASA FAR Supplement Manager,
Erica D. Jones.
For questions pertaining to NASA regulations applicable to Small Business, please contact
the NASA HQ, Office of Procurement, Small Business Point of Contract.
Recommended administrative changes to the NFS, such as corrections to misspelled words,
omitted words or lines, and errors in format or in links to referenced documents shall be
emailed to the NFS Manager -- include the NFS citation and a clear description of the
error. Other suggestions for improving the NFS should follow the instructions in NFS
1801.271.
NASA Federal Acquisition Regulation Supplement
Table of Contents
SUBCHAPTER A - GENERAL
PART 1801
PART 1802
PART 1803
PART 1804
Table of Contents
Federal Acquisition Regulations System.
Definitions of Words and Terms.
Improper Business Practices and Personal Conflicts of Interest.
Administrative Matters.
SUBCHAPTER B - COMPETITION AND ACQUISITION PLANNING
PART 1805
PART 1806
PART 1807
PART 1808
PART 1809
PART 1810
PART 1811
PART 1812
Publicizing Contract Actions.
Competition Requirements.
Acquisition Planning.
Required Sources of Supplies and Services.
Contractor Qualifications.
Market Research
Describing Agency Needs.
Acquisition of Commercial Items.
SUBCHAPTER C - CONTRACTING METHODS AND
CONTRACT TYPES
PART 1813
PART 1814
PART 1815
PART 1816
PART 1817
PART 1818
Simplified Acquisition Procedures.
Sealed Bidding.
Contracting by Negotiation.
Types of Contracts.
Special Contracting Methods.
Emergency Acquisitions.
SUBCHAPTER D - SOCIOECONOMIC PROGRAMS
PART 1819
PART 1822
PART 1823
PART 1824
PART 1825
PART 1826
Small Business Programs.
Application of Labor Laws to Government Acquisitions.
Environment, Energy and Water Efficiency, Renewable Energy
Technologies, Occupational Safety, and Drug- Free Workplace.
Protection of Privacy and Freedom of Information.
Foreign Acquisition.
Other Socioeconomic Programs.
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TOC-1
NASA Federal Acquisition Regulation Supplement
Table of Contents
SUBCHAPTER E - GENERAL CONTRACTING REQUIREMENTS
PART 1827
PART 1828
PART 1829
PART 1830
PART 1831
PART 1832
PART 1833
Patents, Data, and Copyrights.
Bonds and Insurance.
Taxes.
Cost Accounting Standards.
Contract Cost Principles and Procedures.
Contract Financing.
Protests, Disputes, and Appeals.
SUBCHAPTER F - SPECIAL CATEGORIES OF CONTRACTING
PART 1834
PART 1835
PART 1836
PART 1837
PART 1839
PART 1841
Major System Acquisition.
Research and Development Contracting.
Construction and Architect-Engineer Contracts.
Service Contracting.
Acquisition of Information Technology.
Acquisition of Utility Services.
SUBCHAPTER G - CONTRACT MANAGEMENT
PART 1842
PART 1843
PART 1844
PART 1845
PART 1846
PART 1847
PART 1848
PART 1849
PART 1850
PART 1851
Contract Administration and Audit Services.
Contract Modifications.
Subcontracting Policies and Procedures.
Government Property.
Quality Assurance.
Transportation.
Value Engineering.
Termination of Contracts.
Extraordinary Contractual Actions.
Use of Government Sources by Contractors.
SUBCHAPTER H - CLAUSES AND FORMS
PART 1852
PART 1853
Solicitation Provisions and Contract Clauses.
Forms.
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Table of Contents
SUBCHAPTER I—AGENCY SUPPLEMENTARY REGULATIONS
PART 1871
PART 1872
Reserved.
Acquisition of Flight Investigations.
APPENDIX
Appendix A
Appendix B
Appendix C
Enterprise Procurement Strategies
Contract Closeout Procedures
Data Requirements Descriptions and Requirement Statements
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NASA Federal Acquisition Regulation Supplement
Part 1801—Federal Acquisition Regulations System
PART 1801
FEDERAL ACQUISITION REGULATIONS SYSTEM
TABLE OF CONTENTS
1801.000
Scope of part.
SUBPART
1801.103
1801.104
1801.105
1801.105-1
1801.105-2
1801.106
1801.1
PURPOSE, AUTHORITY, ISSUANCE
Authority.
Applicability.
Issuance.
Publication and code arrangement.
Arrangement of regulations.
OMB approval under the Paperwork Reduction Act.
SUBPART
1801.270
1801.271
1801.272
1801.273
1801.2
ADMINISTRATION
Amendment of the NFS.
NASA procedures for FAR and NFS changes.
Procurement Information Circulars.
Procurement Class Deviations.
SUBPART
1801.301
1801.303
1801.3
AGENCY ACQUISITION REGULATIONS
Policy.
Publication and codification.
SUBPART
1801.400
1801.471
1801.4
DEVIATIONS FROM THE FAR
Scope of subpart.
Procedure for requesting deviations.
SUBPART
1801.6
CAREER DEVELOPMENT, CONTRACTING
AUTHORITY, AND RESPONSIBILITIES
General.
Contracting Officer Responsibilities.
Delegations to Contracting Officer's Representatives (CORs).
Ratification of unauthorized commitments.
Selection, appointment, and termination of appointment.
General.
Selection.
Contracting Officer’s Representative (COR).
Federal Acquisition Certification for Contracting Officer
Representatives (FAC-COR) Requirements.
1801.7
DETERMINATIONS AND FINDINGS
Signatory authority.
Legal review.
1801.601
1801.602
1801.602-2
1801.602-3
1801.603
1801.603-1
1801.603-2
1801.604
1801.604-70
SUBPART
1801.707
1801.770
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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. 11-314; 51 U.S.C.
20113 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/NFS.pdf).
[PN 18-11]
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 1801.1052015 EDITION (Thru PN 23-04)
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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.
The following OMB control numbers apply:
NFS Segment
1823
1827
1852.223-70
NF 533
NF 1018
OMB Control Number
2700-0089
2700-0052
2700-0160
2700-0003
2700-0017
Subpart 1801.2—Administration
1801.270 Amendment of the NFS.
(a) Changes to the NFS require rulemaking and publication in the Federal Register when
a change may have an effect on the public. Changes to internal guidance and procedures are
controlled, processed, and approved internally and are not required to be published in the Federal
Register. All changes are then incorporated into the single, official NASA-maintained Internet
version of the NFS through the issuance of Procurement Notices (PNs). PNs are numbered
consecutively, prefixed by the last two digits of the calendar year of issuance.
(b) For guidance on application of NFS changes to solicitations and contracts, see FAR
1.108(d).
1801.271 NASA procedures for FAR and NFS changes.
(a) Recommended administrative changes to the NFS, such as corrections to misspelled
words, omitted words or lines, and errors in format or in links to referenced documents shall be
emailed to the NFS Manager.
(b) Requests for proposed revisions to the FAR or NFS shall be submitted in writing and
shall contain the following information: (i) a description of the issue or concern the suggested
revision is designed to correct, (ii) the revision in the form of a marked-up copy of the current
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FAR or NFS language and/or the text of any proposed language to be added, (iii) a brief
explanation of the consequences of not making a change and the benefits to be expected from
making a change, and (iv) any other information necessary for a clear understanding of the issue
or concern, such as the relationship between the FAR and NFS coverage, legal opinions and/or
concurrences, inputs and/or concurrences from other cognizant offices, and any existing
agreements. All requests for proposed revisions to the FAR and NFS shall be emailed to the
NFS Manager. Requests from Headquarters offices shall originate at the division level or higher,
while requests from the centers shall be from the procurement officer or a higher level official.
The sender’s email address will suffice as the official signature for requests for proposed
revisions to the FAR or NFS; the email shall include the supporting information that is emailed
to the NFS Manager.
1801.272 Procurement Information Circulars.
(a) The Procurement Information Circular (PIC) is used for internal dissemination of
procurement-related information that clarifies existing policy, is temporary in nature or episodic
and generally not suitable for inclusion in the NFS. PICs should be used very carefully and their
duration shall not exceed one year, unless a longer period of time is approved by the Director,
Headquarters Office of Procurement, Procurement Management & Policy Division. Any PIC
that has a duration greater than one year shall be reviewed, updated as required, and revalidated,
not later than on its anniversary date. The Headquarters Office of Procurement, Procurement
Management & Policy Division is responsible for the control, processing, vetting, and approval
of PICs.
(b) PICs are numbered on a calendar year basis, beginning with number 1, prefixed by
the last two digits of the year.
(c) PICs are posted on the online Procurement Library.
1801.273 Procurement Class Deviations.
(a) The Procurement Class Deviation (PCD) is used to deviate from FAR and/or NFS
requirements in cases where the deviation affects more than one contract action and is temporary
in nature. Since PCDs are processed and issued without public comment, PCDs shall be used
very carefully and with a specified duration that is sufficient to allow for the formal processing
of the change to the FAR and/or NFS. The Headquarters Office of Procurement, Procurement
Management & Policy Division is responsible for the control, processing, and vetting of PCDs.
Approval of PCDs are in accordance with FAR 1.404(c).
(b) PCDs are numbered on a calendar year basis, beginning with number 1, prefixed by
the last two digits of the year.
(c) PCDs are posted on the online Procurement Library.
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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, Procurement Management & Policy
Division for approval in accordance with 1801.271.
(b)(i) Title 41 U.S.C. 1707 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.
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Subpart 1801.4—Deviations from the FAR
1801.400 Scope of subpart.
This subpart prescribes the policies and procedures for authorizing deviations from the FAR and
the NFS.
1801.471 Procedure for requesting deviations.
(a) Requests for authority to deviate from the FAR or the NFS shall be submitted by the
procurement officer to the cognizant Headquarters Office of Procurement, procurement portfolio
manager.
sought;
(b) Each request for a deviation shall contain, as a minimum—
(1) Identification of the FAR or the NFS requirement from which a deviation is
(2) A full description of the deviation, the circumstances in which it will be used,
and the specific contract action(s) to which it applies;
(3) A description of its intended effect;
(4) A statement as to whether the deviation has been requested previously and, if
so, the circumstances of the previous request;
(5) Identification of the contractor(s) and the contract(s) affected, including dollar
value(s);
(6) Detailed reasons supporting the request, including any pertinent background
information; and
(7) A copy of counsel's concurrence or comments.
(c) In addition to the information required by 1801.471(b), requests for individual
deviations from FAR cost principles under FAR 31.101 should include a copy of the contractor's
request for cost allowance.
Subpart 1801.6—Career Development, Contracting Authority, and Responsibilities
1801.601 General.
(a) The NASA Administrator delegates the authority to enter into and take other actions
for FAR-based purchases, contracts, and for financial assistance instruments and the
responsibilities in NPD 1000.3E Chapter 4.6.2.1.v.(6) to the Assistant Administrator for
Procurement.
(b) The Assistant Administrator for Procurement redelegates this authority to the
appropriate contracting activity personnel in accordance with applicable laws and regulations.
(c) The NASA Administrator delegates the authority for the necessary approvals and
overall Agency-wide implementation of the Federal Activities Inventory Reform (FAIR) Act and
OMB Circular A-76 to the Assistant Administrator for Procurement. The Assistant
Administrator for Procurement serves as the Competitive Sourcing Official (CSO) for overall
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implementation of the FAIR Act and OMB Circular A-76 with NASA Center Directors
delegated authority for the implementation of the FAIR Act and OMB Circular A-76 within the
respective Centers subject to overall authority of CSO. NASA Center Directors can redelegate
this authority to an individual within the Office of the Center Director.
[PN 18-15, PN 20-02]
1801.602 Contracting Officers.
1801.602-2 Responsibilities.
(c)(A) The contracting officer should coordinate with Agency, Center and other program
office finance offices, as appropriate, when structuring the contract line item(s) (see FAR
4.1001).
(d)(i) A Contracting Officer’s Representative (COR) delegation may be made only by
the contracting officer cognizant of that contract at the time the delegation is made. If the
cognizant contracting officer is absent, the delegation letter may be signed by a warranted
contracting officer at any level above the cognizant contracting officer. An individual COR may
have only the duties specifically identified in a written delegation to him or her by name (i.e.,
COR duties may not be delegated to a position) and has no authority to exceed them. CORs
should be informed that they may be personally liable for unauthorized commitments.
Contracting officer authority to sign or authorize contractual instruments shall not be delegated
through a COR designation or by any means other than a contracting officer warrant.
(ii) The cognizant contracting officer may appoint a qualified Government
employee to act as their representative in managing the technical aspects of a particular contract.
A COR may be a NASA or Federal agency civil servant or a member of the military. A COR
may also be an Intergovernmental Personnel Act (IPA) appointed detailee (5 U.S.C. 3374
authorizes the temporary assignment of employees of universities, state/local/tribal governments,
and certain non-profit organizations); but shall not be delegated inherently governmental
functions (FAR 7.503). In appointing an IPA as a COR, contracting officers shall seek center
counsel for conflict of interest determination related to their duties; confirm completion of
Standards of Ethical Conduct for Employees of the Executive Branch training; and ensure the NF
1634 does not delegate inherently governmental functions. Technical organizations are
responsible for ensuring that the individual they recommend to the contracting officer possesses
training, qualifications and experience commensurate with the duties and responsibilities to be
delegated and the nature of the contract. The Recommendation for Appointment of COR or
Alternate COR template shall be used for all COR or Alternate COR recommendations.
(iii) The COR may be authorized to provide technical direction in accordance
with the Statement of Work and the NF 1634, Contracting Officer’s Representative
(COR)/Alternate COR Delegation. Technical direction encompasses written direction from the
COR to provide clarification of the contract’s general description of the scope of work to include
approaches, solutions, designs, refinements or shifts within tasks, or inquiries related to the
general tasks and requirements in the SOW.
(iv) If necessary, the contracting officer may appoint an alternate COR to act
during short absences of the COR, such as when the COR is on leave or travel. When approved
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by the procurement officer and in limited circumstances, warranted by contract scope, workload,
and the need to provide adequate oversight, the contracting officer may appoint more than one
alternate COR on a contract. If more than one alternate COR is appointed, the contracting
officer shall provide the COR, the alternate COR (s), and the contractor written guidance
specifying how the line of succession works to clearly ensure each party knows who is acting as
the COR at any given time.
(v) NASA Form 1634, Contracting Officer Representative’s (COR) Delegation,
shall be used to appoint CORs. The contracting officer will modify the form to address the
specific contract functions delegated to the COR or retained by the contracting officer. CORs
cannot redelegate their duties and responsibilities and the COR may be held personally liable for
unauthorized acts. However, this does not prohibit the COR from receiving assistance for the
purpose of monitoring contractor progress and gathering information. When one individual is
appointed as a COR on more than one contract, separate delegations shall be issued for each
contract. A separate NF 1634 shall be used to appoint the alternate COR (s).
(vi) A COR delegation remains in effect throughout the life of the contract unless
canceled in writing by the cognizant contracting officer or at any level above that contracting
officer. The contracting officer may modify the delegation only by issuance of a new delegation
canceling and superseding the existing delegation. The COR and his or her immediate
supervisor are responsible for promptly notifying the contracting officer when the COR has a
change in station, duty assignment, or leaves Government service.
(vii) With the exception of delegations made to construction contract CORs to
issue emergency on-site change orders, NF 1634 shall not be used to authorize a COR to initiate
procurement actions or in any way cause a change to the contract or increase the Government's
financial obligations. When delegating the COR authority to issue emergency on-site change
orders, the contracting officers shall specify in NF 1634 a not to exceed limitation on this authority.
In no event shall the limitation exceed $25,000.
(viii) Each COR shall acknowledge receipt and accept the delegation by signing
the original delegation letter and returning it to the contracting officer. The contracting officer
shall file original of the COTR delegation letter in the applicable contract file. Copies of the
signed COR delegation letter shall be distributed to the COR, the contractor, and each cognizant
contract administration office. Acknowledgment and distribution for terminations of COR
delegations and COR delegations which revise authority, duties and responsibilities shall follow
the same rules.
[PN 19-13]
1801.602-3 Ratification of unauthorized commitments.
(b) Policy. Individuals making unauthorized commitments may be subject to
disciplinary action, and the issue may be referred to the Office of Inspector General.
(c)(7) The authority in FAR 1.602-3 may be exercised only when-(A) The Government employee who made the unauthorized commitment,
or his/her supervisor, if appropriate, initiates a procurement request in accordance with
1804.7301.
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(B) The procurement request and/or accompanying documentation
identifies the individual who made the unauthorized commitment, and includes a statement
signed by the individual that explains why normal acquisition procedures were not followed,
explains why the firm was selected, lists other sources considered, describes the work, and
estimates or states the agreed price. If the Government representative who made the
unauthorized commitment is no longer available, appropriate program personnel shall provide
the information described in this paragraph.
(C) The procurement request is submitted through the director of the
cognizant program office at the contracting activity, or comparable official. In the procurement
request, the director shall describe measures taken to prevent the recurrence of the unauthorized
commitment.
1801.603 Selection, appointment, and termination of appointment.
1801.603-1 General.
The NASA Administrator delegates the authority to appoint source selection officials,
contracting officers, contracting officer representatives, and other procurement officials to the
Assistant Administrator for Procurement, who redelegates this authority to the procurement
officer on a non-delegable basis, except for the appointment of the contracting officer
representative. However, for a procurement action $500 million or greater, or otherwise
designated by the Senior Procurement Executive, the Senior Procurement Executive retains the
authority to appoint the source selection official.
[PN 18-15, PN 20-02, PN 21-01]
1801.603-2 Selection.
In addition to the selection criteria in FAR 1.603-2, the appointing official shall also confirm that
there is a valid organization need.
[PN 21-07]
1801.603-3 Appointment.
(b) Delegations of procurement authority to other than GS-1102 and GS-1105 personnel
shall be in accordance with the NASA Procurement Career Development and Training Policy.
(c) Contracting officers shall be appointed in accordance with Appendix D of the NASA
Procurement Career Development and Training Program Policy Handbook.
(d) The procurement officer shall submit requests for approval to appoint an individual
as a contracting officer in occupational job series other than GS-1102 and GS-1105 using the
“Enterprise Contracting Officer Warrant Nomination (Non-GS-1102/1105)” template to the
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Acquisition Career Manager for approval by the Assistant Administrator for Procurement prior
to appointment.
[PN 21-07]
1801.604 Contracting Officer’s Representative (COR).
1801.604-70 Federal Acquisition Certification for Contracting Officer’s Representatives
(FAC-COR) Requirements.
(1) These requirements apply to all individuals appointed as CORs and alternate
CORs on NASA contracts, including Phase II and Phase III awards made under NASA's Small
Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR)
Programs. These requirements do not apply to CORs on Phase I SBIR or Phase I STTR awards.
(2) The following certificates, if issued in accordance with FAI certification
requirements, by another civilian agency, are equivalent to a FAC-COR certificate at NASA:
(i) FAC-COR Certifications
(ii) Federal Acquisition Certification in Contracting (FAC-C) Level I or
above; or
(iii) Federal Acquisition Certification for Program and Project Managers
(FAC-P/PM) Mid-Level.
(3) An individual with a FAC-COR certificate does not necessarily meet the
requirements for the FAC-C Level I or the FAC-P/PM mid-level/journeyman.
(4) Individuals with equivalent certificates who will be appointed as CORs must:
(i) update their profile in Cornerstone on Demand (CSOD) to reflect
NASA as their agency of employment; and
(ii) inform their Center Training Coordinator and the Acquisition Career
Manager (ACM) in the Headquarters Office of Procurement that they have updated their agency
of employment to NASA.
(5) COR Certification Requirements
(i) To earn Level I FAC-COR Certification, individuals must complete an
8-hour self-paced COR online training, available via CSOD.
(ii) To earn Level II FAC-COR certificate, individuals must have 1 year
of previous COR experience and complete 40 hours of basic COR training approved by the
ACM. NASA training approved by the ACM is available under the NASA Shared Service
Center’s Agency-wide COR Training Blanket Purchase Agreement (BPA), and via CSOD.
(iii) To earn Level III FAC-COR Certification, individuals must have 2
years of previous COR experience and complete 60 hours of training; which includes the 40 hour
Advance COR Workshop and the 20 hour Program Management Basics course, available via
CSOD.
(6) Continuing Education. CORs must maintain their skills currency through
continuing education.
(i) To maintain Level I FAC-COR Certification, CORs are required to
earn 8 hours of continuous learning points (CLPs), within their two-year continuous learning
period.
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(ii) To maintain Level II FAC-COR Certification, CORs are required to
earn 40 CLPs, within their two-year continuous learning period.
(iii) To maintain Level III FAC-COR Certification, CORs are required to
earn 40 CLPs, within their two-year continuous learning period.
(7) Supervisors remain responsible for working with CORs to identify those
activities and opportunities of greatest benefit to the professional development of an individual.
The training, professional activities, education and experience that are used to meet the
continuing education requirements must be job related.
(i) ACM approved training is available under NASA Shared Service
Center’s Agency-wide COR Training BPA, and via CSOD.
(ii) The FAI FAC-COR website provides additional guidance on training
that will meet CLP training requirements.
(8) A FAC-COR certification will expire if the continuing education
requirements are not met and the individual will no longer be eligible to be a COR.
(9) FAC-COR training, both basic and continuous, will be tracked in CSOD.
CORs are responsible for ensuring they meet the continuous learning requirement and that their
learning history is accurate.
(h) Contracting officer’s responsibilities.
(1) The contracting officer shall verify that the proposed COR has a FAC-COR
Certification before signing NF 1634.
(i) The contracting officer must take into consideration the appropriate
FAC-COR Level needed to protect the government's interest. The contracting officer must
consider the risk and complexity associated with the acquisition, including contract type, in order
to determine the appropriate level of FAC-COR coverage. The contracting officer should consider
the following in determining the appropriate level of FAC-COR certification:
(A) Level I - This level of COR is generally appropriate for simple,
low-risk contract vehicles, such as supply contracts and orders.
(B) Level II - This level of COR is generally appropriate for contract
vehicles of moderate to high complexity and risk, including both supply and service contracts.
(C) Level III – This level of COR is generally appropriate for the
most complex, critical risk, and mission critical contracts within the agency.
[PN 21-03]
Subpart 1801.7—Determinations and Findings
1801.707 Signatory authority.
Signatory authority for determinations and findings (D&Fs) is specified in the FAR or the NFS
text for the associated subject matter. The NASA Administrator may make any of the D&Fs that
may be made by the Senior Procurement Executive or by a contracting officer.
1801.770 Legal review.
Each D&F, including class D&Fs, shall be reviewed by counsel for form and legality before
signature by the approving authority.
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Part 1802—Definition of Words and Terms
PART 1802
DEFINITIONS OF WORDS AND TERMS
TABLE OF CONTENTS
1802.000
SUBPART
1802.101
Scope of part.
1802.1
DEFINITIONS
Definitions.
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Part 1802—Definition of Words and Terms
PART 1802
DEFINITIONS OF WORDS AND TERMS
1802.000 Scope of part.
Commonly used words and terms are defined in FAR Subpart 2.1. This Part 1802 gives NASAspecific meanings for some of these words and terms and defines other words and terms
commonly used in the NASA acquisition process.
Subpart 1802.1—Definitions
1802.101 Definitions.
“Administrator” means the Administrator or Deputy Administrator of NASA.
“Contracting activity” in NASA includes the NASA Headquarters installation, the NASA Shared
Services Center, the NASA Management Office, Information Technology Procurement Office,
and the following field installations: Ames Research Center, Armstrong Flight Research Center,
John H. Glenn Research Center at Lewis Field, Goddard Space Flight Center, Lyndon B.
Johnson Space Center, John F. Kennedy Space Center, Langley Research Center, George C.
Marshall Space Flight Center, and John C. Stennis Space Center. A major program that may
have contracts at multiple field centers may also be considered a “contracting activity.”
[PN 18-15]
“Head of the agency” or “agency head” means the Administrator or Deputy Administrator of
NASA.
“Head of the contracting activity (HCA)” means the procurement officer of the buying location,
except in the following situations:
Procurement Activity
NASA Shared Services Center (NSSC)
contracts
NASA Management Office (NMO) contracts
Exploration and Systems Development
Mission Directorate (ESDMD) contracts and
Science Operations Mission Directorate
(SOMD) contracts
Assigned HCA*
OP Director of the Procurement Strategic
Operations Division
NMO Director
OP Director of the Procurement Strategic
Operations Division
Procurement officers shall coordinate HCA activities with designated individuals within the
Office of the Center Director in accordance with field installation procedures. The Office of
Procurement Director of the Procurement Strategic Operations Division shall coordinate HCA
activities with NSSC and ESDMD.
* HCA Functions for major programs can be delegated as part of the ASM process.
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[PN 23-03]
[PN 18-15, PN 20-02]
“Procurement Portfolio Manager” means the business advisor responsible for providing timely
and definitive guidance and support to Centers, Mission Directorates, Mission Support Offices,
and Enterprise Requirements Managers on procurement issues and actions on assigned
procurement portfolios.
[PN 21-01]
“Procurement officer” means the chief of the contracting office, as defined in FAR 2.101.
“Senior Procurement Executive” means the Assistant Administrator or Deputy Assistant
Administrator for Procurement, Office of Procurement, NASA Headquarters.
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Part 1803—Improper Business Practices and Personal Conflicts of Interest
PART 1803
IMPROPER BUSINESS PRACTICES
AND PERSONAL CONFLICTS OF INTEREST
TABLE OF CONTENTS
SUBPART
1803.101
1803.101-1
1803.101-2
1803.1
SAFEGUARDS
Standards of conduct.
General.
Solicitation and acceptance of gratuities by Government
personnel.
Procurement integrity.
Definitions.
Disclosure, protection, and marking of contractor bid or proposal
information and source selection information.
Violations or possible violations.
Restrictions on NASA personnel participating in proposal.
evaluations or selection decisions.
1803.2
CONTRACTOR GRATUITIES TO GOVERNMENT
PERSONNEL
Reporting suspected violations of the Gratuities clause.
1803.3
REPORTS OF SUSPECTED ANTITRUST
VIOLATIONS
Reporting suspected antitrust violations.
SUBPART
1803.502
1803.5
OTHER IMPROPER BUSINESS PRACTICES
Subcontractor kickbacks.
SUBPART
1803.6
CONTRACTS WITH GOVERNMENT EMPLOYEES
OR ORGANIZATIONS OWNED OR
CONTROLLED BY THEM
Exceptions.
SUBPART
1803.704
1803.705
1803.7
VOIDING AND RESCINDING CONTRACTS
Policy.
Procedures.
SUBPART
1803.8
LIMITATION ON THE PAYMENT OF FUNDS TO
INFLUENCE FEDERAL TRANSACTIONS
Policy.
Processing suspected violations.
1803.104
1803.104-1
1803.104-4
1803.104-7
1803.104-70
SUBPART
1803.203
SUBPART
1803.303
1803.602
1803.804
1803.806
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SUBPART
1803.9
CONTRACTOR EMPLOYEE WHISTLEBLOWER
PROTECTIONS
Scope of subpart.
Definition.
Policy.
Procedures for filing complaints.
Procedures for investigating complaints.
Remedies.
Classified information.
Contract clause.
1803.70
IG HOTLINE POSTERS
Policy.
Contract clause.
1803.900
1803.901
1803.903
1803.904
1803.905
1803.906
1803.907
1803.970
SUBPART
1803.7000
1803.7001
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PART 1803
IMPROPER BUSINESS PRACTICES
AND PERSONAL CONFLICTS OF INTEREST
Subpart 1803.1—Safeguards
1803.101 Standards of conduct.
1803.101-1 General.
The statutory Federal conflict of interest prohibitions codified at 18 U.S.C. section 208 and their
application to NASA personnel are discussed in the Standards of Ethical Conduct for Employees
of the Executive Branch, 5 CFR Parts 2635, Subpart D, and 2540. All NASA personnel involved
in acquisitions shall become familiar with these statutory prohibitions. In addition to criminal
penalties, the statutes provide that transactions entered into in violation of these prohibitions are
voidable (18 U.S.C. section 218). The regulatory impartiality restrictions issued by the U.S.
Office of Government Ethics (OGE) are provided in 5 CFR Part 2635, Subpart E. All NASA
personal involved in acquisitions shall become familiar with these regulatory restrictions.
1803.101-2 Solicitation and acceptance of gratuities by Government personnel.
Any suspected violations shall be reported promptly to the Center’s Office of Inspector General.
1803.104 Procurement integrity.
1803.104-1 Definitions.
"Agency ethics official" means for Headquarters, the General Counsel and the Associate General
Counsel for General Law, and for each center, the Chief Counsel.
1803.104-4 Disclosure, protection, and marking of contractor bid or proposal information
and source selection information.
(a) Government employees serving in the following positions are authorized access to
proprietary or source selection information, but only to the extent necessary to perform their
official duties.
(i) Personnel participating in source evaluation board (SEB) procedures (see
1815.370) or personnel evaluating an offeror's or bidder's technical or cost proposal under other
competitive procedures, and personnel evaluating protests.
(ii) Personnel assigned to the contracting office.
(iii) The initiator of the procurement request (to include the official having
principal technical cognizance over the requirement).
(iv) Small business specialists.
(v) Personnel assigned to counsel's office.
(vi) Personnel assigned to the Defense Contract Audit Agency and contract
administration offices of the Department of Defense.
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(vii) Personnel responsible for the review and approval of documents in
accordance with the Procurement Administrative Lead Time Tracking procedures in subpart
1807.71.
(viii) Other Government employees authorized by the contracting officer.
(ix) Supervisors, at any level, of the personnel listed in paragraphs 1803.1044(a)(i) 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.
[PN 21-01]
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 Senior Procurement Executive.
(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 Senior Procurement Executive simultaneous with
transmittal to the Administrator.
1803.104-70 Restrictions on NASA personnel participating in proposal evaluations or
selection decisions.
For acquisitions of any dollar value, an employee may not participate in procurement planning or
the formulation of a procurement strategy, including Procurement Strategy Meetings, or in a
proposal evaluation or selection decision if the employee would not be in compliance with
statutory U.S. Government ethics requirements, the impartiality regulations issued by U.S. Office
of Government Ethics (OGE) at 5 CFR 2635, Subpart E, or any other applicable U.S.
Government ethics requirements. Participants should contact a NASA ethics official in their
local Office of the General Counsel, or in the case of NASA Headquarters an ethics official in
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the Headquarters Office of the General Counsel, for advice on the application of these
provisions.
[PN 19-09]
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 Headquarters Office of Procurement, Procurement
Strategic Operations Division. 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 Headquarters Office of Procurement, Procurement Strategic Operations Division.
The report shall include the reasons for suspecting collusion. The Headquarters Office of
Procurement, Procurement Strategic Operations Division shall forward a copy to the NASA
Office of the Inspector General.
Subpart 1803.5—Other Improper Business Practices
1803.502 Subcontractor kickbacks.
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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 Senior Procurement Executive has been delegated the authority to authorize an exception to
the policy in FAR 3.601. The Senior Procurement Executive 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 Senior Procurement
Executive for approval.
Subpart 1803.7—Voiding and Rescinding Contracts
1803.704 Policy.
(a) The Senior Procurement Executive has been delegated authority to void or rescind
contracts when there is a final conviction for violation of 18 U.S.C. chapter 11, 201-224
(Bribery, Graft and Conflicts of Interest) relating to them.
1803.705 Procedures.
(a) Procurement officers shall make reports to the Senior Procurement Executive. The
Senior Procurement Executive 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 Headquarters Office of
Procurement, Procurement Strategic Operations Division. 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 Senior Procurement Executive is the designated official to whom suspected violations of the
Act shall be referred. The suspected violations should be reported through the cognizant
Headquarters Office of Procurement, procurement portfolio manager.
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Part 1803—Improper Business Practices and Personal Conflicts of Interest
Subpart 1803.9—Contractor Employee Whistleblower Protections
1803.900 Scope of subpart.
This subpart applies to NASA instead of FAR subpart 3.9.
(a) This subpart implements 10 U.S.C. 2409 as amended by section 846 of the National
Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181), section 842 of the National
Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110-417), and section 827 of the
National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239).
(b) This subpart does not apply to any element of the intelligence community, as defined
in 50 U.S.C. 3003(4). This subpart does not apply to any disclosure made by an employee of a
contractor or subcontractor of an element of the intelligence community if such disclosure—
(1) Relates to an activity or an element of the intelligence community; or
(2) Was discovered during contract or subcontract services provided to an
element of the intelligence community.
1803.901 Definition.
“Abuse of authority”, as used in this subpart, means an arbitrary and capricious exercise of
authority that is inconsistent with the mission of NASA or the successful performance of a
NASA contract.
1803.903 Policy.
(a) Policy. 10 U.S.C. 2409 prohibits contractors or subcontractors from discharging,
demoting, or otherwise discriminating against an employee as a reprisal for disclosing, to any of
the entities listed at paragraph (b) of this section, information that the employee reasonably
believes is evidence of gross mismanagement of a NASA contract, a gross waste of NASA
funds, an abuse of authority relating to a NASA contract, a substantial and specific danger to
public health or safety, or a violation of law, rule, or regulation related to a NASA contract
(including the competition for or negotiation of a contract). Such reprisal is prohibited even if it
is undertaken at the request of an executive branch official, unless the request takes the form of a
non-discretionary directive and is within the authority of the executive branch official making
the request.
(b) Entities to whom disclosure may be made:
(1) A Member of Congress or a representative of a committee of Congress.
(2) The NASA Inspector General or any other Inspector General that has
oversight over contracts awarded by or on behalf of NASA.
(3) The Government Accountability Office.
(4) A NASA employee responsible for contract oversight or management.
(5) An authorized official of the Department of Justice or other law enforcement
agency.
(6) A court or grand jury.
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(7) A management official or other employee of the contractor or subcontractor
who has the responsibility to investigate, discover, or address misconduct.
(c) Disclosure clarified. An employee who initiates or provides evidence of contractor
or subcontractor misconduct in any judicial or administrative proceeding relating to waste, fraud,
or abuse on a NASA contract shall be deemed to have made a disclosure.
(d) Contracting officer actions. A contracting officer who receives a complaint of
reprisal of the type described in paragraph (a) of this section shall forward it to legal counsel and
to the NASA Inspector General.
1803.904 Procedures for filing complaints.
(a) Any employee of a contractor or subcontractor who believes that he or she has been
discharged, demoted, or otherwise discriminated against contrary to the policy in 1803.903 may
file a complaint with the Inspector General of NASA.
(b) A complaint may not be brought under this section more than three years after the
date on which the alleged reprisal took place.
(c) The complaint shall be signed and shall contain—
(1) The name of the contractor;
(2) The contract number, if known; if not known, a description reasonably
sufficient to identify the contract(s) involved;
(3) The violation of law, rule, or regulation giving rise to the disclosure;
(4) The nature of the disclosure giving rise to the discriminatory act, including
the party to whom the information was disclosed; and
(5) The specific nature and date of the reprisal.
1803.905 Procedures for investigating complaints.
(a) Unless the NASA Inspector General makes a determination that the complaint is
frivolous, fails to allege a violation of the prohibition in 1803.903, or has been previously
addressed in another Federal or State judicial or administrative proceeding initiated by the
complainant, the NASA Inspector General will investigate the complaint.
(b) If the NASA Inspector General determines that a complaint merits further
investigation, the NASA Inspector General will—
(1) Notify the complainant, the contractor alleged to have committed the
violation, and the head of the Agency;
(2) Conduct an investigation; and
(3) Provide a written report of findings to the complainant, the contractor alleged
to have committed the violation, and the head of the Agency.
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(c) The NASA Inspector General—
(1) Will determine that the complaint is frivolous or will submit the report
addressed in paragraph (b) of this section within 180 days after receiving the complaint; and
(2) If unable to submit a report within 180 days, will submit the report within the
additional time period, up to 180 days, to which the person submitting the complaint agrees.
(d) The NASA Inspector General may not respond to any inquiry or disclose any
information from or about any person alleging the reprisal, except to the extent that such
response or disclosure is—
(1) Made with the consent of the person alleging reprisal;
(2) Made in accordance with 5 U.S.C. 552a (the Freedom of Information Act) or
as required by any other applicable Federal law; or
(3) Necessary to conduct an investigation of the alleged reprisal.
(e) The legal burden of proof specified at paragraph (e) of 5 U.S.C. 1221 (Individual
Right of Action in Certain Reprisal Cases) shall be controlling for the purposes of an
investigation conducted by the NASA Inspector General, decision by the head of the Agency, or
judicial or administrative proceeding to determine whether prohibited discrimination has
occurred.
1803.906 Remedies.
(a) Not later than 30 days after receiving a NASA Inspector General report in accordance
with 1803.905, the head of the Agency shall determine whether sufficient basis exists to
conclude that the contractor has subjected the complainant to a reprisal as prohibited by
1803.903 and shall either issue an order denying relief or shall take one or more of the following
actions:
(1) Order the contractor to take affirmative action to abate the reprisal.
(2) Order the contractor to reinstate the person to the position that the person held
before the reprisal, together with compensatory damages (including back pay), employment
benefits, and other terms and conditions of employment that would apply to the person in that
position if the reprisal had not been taken.
(3) Order the contractor to pay the complainant an amount equal to the aggregate
amount of all costs and expenses (including attorneys' fees and expert witnesses' fees) that were
reasonably incurred by the complainant for, or in connection with, bringing the complaint
regarding the reprisal, as determined by the head of the Agency.
(b) If the head of the Agency issues an order denying relief or has not issued an order
within 210 days after the submission of the complaint or within 30 days after the expiration of an
extension of time granted in accordance with 1803.905(3)(ii), and there is no showing that such
delay is due to the bad faith of the complainant—
(1) The complainant shall be deemed to have exhausted all administrative
remedies with respect to the complaint; and
(2) The complainant may bring a de novo action at law or equity against the
contractor to seek compensatory damages and other relief available under 10 U.S.C. 2409 in the
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appropriate district court of the United States, which shall have jurisdiction over such an action
without regard to the amount in controversy. Such an action shall, at the request of either party to
the action, be tried by the court with a jury. An action under this authority may not be brought
more than two years after the date on which remedies are deemed to have been exhausted.
(c) Whenever a contractor fails to comply with an order issued by the head of agency in
accordance with 10 U.S.C. 2409, the head of the Agency or designee shall request the
Department of Justice to file an action for enforcement of such order in the United States district
court for a district in which the reprisal was found to have occurred. In any action brought under
this paragraph, the court may grant appropriate relief, including injunctive relief, compensatory
and exemplary damages, and reasonable attorney fees and costs. The person upon whose behalf
an order was issued may also file such an action or join in an action filed by the head of the
agency.
(d) Any person adversely affected or aggrieved by an order issued by the head of the
Agency in accordance with 10 U.S.C. 2409 may obtain judicial review of the order's
conformance with the law, and the implementing regulation, in the United States Court of
Appeals for a circuit in which the reprisal is alleged in the order to have occurred. No petition
seeking such review may be filed more than 60 days after issuance of the order by the head of
the agency or designee. Review shall conform to chapter 7 of title 5, United States Code. Filing
such an appeal shall not act to stay the enforcement of the order by the head of an agency, unless
a stay is specifically entered by the court.
(e) The rights and remedies provided for in this subpart may not be waived by any
agreement, policy, form, or condition of employment.
[PN 18-11]
1803.907 Classified information.
Nothing in this subpart provides any rights to disclose classified information not otherwise
provided by law.
1803.970 Contract clause.
Use the clause at 1852.203-71, Requirement to Inform Employees of Whistleblower Rights, in
all solicitations and contracts.
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.
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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.
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Part 1804—Administrative Matters
PART 1804
ADMINISTRATIVE MATTERS
TABLE OF CONTENTS
SUBPART
1804.103
1804.170
1804.171
1804.1
CONTRACT EXECUTION
Contract clause.
Contract effective date.
NASA Contract Management Writing System.
SUBPART
1804.202
1804.203
1804.2
CONTRACT DISTRIBUTION
Agency distribution requirements.
Taxpayer identification information.
SUBPART
1804.4
SAFEGUARDING CLASSIFIED INFORMATION
WITHIN INDUSTRY
General.
Contract clause.
Security requirements for unclassified information
technology (IT) resources.
Scope.
Policy.
IT Security Requirements.
Contract clauses.
SUBPART
1804.5
RESERVED
SUBPART
1804.601
1804.6
CONTRACT REPORTING
Record requirements.
1804.402
1804.404-70
1804.470
1804.470-1
1804.470-2
1804.470-3
1804.470-4
SUBPART 1804.8
1804.802
1804.802-70
1804.803
1804.803-70
1804.804
1804.804-2
1804.804-5
1804.805
1804.805-70
SUBPART
1804.904
1804.9
GOVERNMENT CONTRACT FILES
Contract Files.
Handling of classified material.
Contents of contract files.
Format and Checklist.
Closeout of contract files.
Closeout of the contracting office files if another office
administers the contract.
Procedures for closing out contract files.
Storage, handling, and disposal of contract files.
Review, separation, and retirement of contract files.
TAXPAYER IDENTIFICATION NUMBER
Reporting payment information to the IRS.
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SUBPART
1804.1001
1804.10
UNIFORM USE OF LINE ITEMS
Policy
SUBPART
1804.16
UNIQUE PROCUREMENT INSTRUMENT
IDENTIFIERS
Identifying the PIID and supplementary PIID.
Procedures.
1804.70
TRANSFER OF CONTRACTING OFFICE
RESPONSIBILITY
Scope of subpart.
Definition.
Approval of Transfer Requests.
Responsibilities of the contracting officer of the
transferring installation.
Coordinations.
File inventory.
Notifications.
Transfer.
Retention documentation.
Responsibilities of the contracting officer of the receiving
installation.
Pre-transfer file review.
Post-transfer actions.
SUBPART
1804.71
RELEASE OR POSTING OF DOCUMENTS
SUBPART
1804.72
RESERVED
SUBPART
1804.7301
1804.73
PROCUREMENT REQUESTS
General.
1804.1602
1804.1603
SUBPART
1804.7000
1804.7001
1804.7002
1804.7003
1804.7003-1
1804.7003-2
1804.7003-3
1804.7003-4
1804.7003-5
1804.7004
1804.7004-1
1804.7004-2
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PART 1804
ADMINISTRATIVE MATTERS
Subpart 1804.1—Contract Execution
1804.103 Contract clause.
The contracting officer shall include the clause at FAR 52.204-1, Approval of Contract, in
solicitations, contracts, and supplemental agreements that require higher level approval. For
actions requiring Headquarters approval, insert "NASA Senior Procurement Executive" in the
clause's blank space.
1804.170 Contract effective date.
"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. 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.
[PN 18-11]
1804.171 NASA Contract Writing System.
(a) The NASA Contract Writing System (NCWS) is NASA’s comprehensive agency tool
that supports contract writing and administration, workload management and data reporting. For
any new award above the micropurchase threshold (including, but not limited to, any purchase
order, task order or delivery order), all NASA personnel shall use NCWS, except for: (1) BPA
call orders and purchase orders where purchase card is the paying mechanism, (2) training
expenditures made using Standard Form 182, (3) emergency acquisitions in accordance with
FAR Part 18, and (4) contracts awarded before the date that NCWS becomes fully operational.
For those items identified in (1) through (4) of this section, any necessary contract administration
and closeout for that award shall be performed in NASA’s Core Financial module (CF).
(b) Centers shall obtain the approval to administer any award in the agency contract
writing system, if it was originally awarded in another system, from the Headquarters Office of
Procurement, Procurement Strategic Operations Division, and Headquarters Office of the Chief
Financial Officer.
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, 7115 Standard
Drive, Hanover, MD 21076-1320.
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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 1600.2, NASA
Security Policy; NPR 1620.2, Physical Security Vulnerability Risk Assessments; NPR 2810.1
Security of Information Technology; and NPD 2810.1, NASA Information Security Policy.
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 (IT) resources.
See PCD 15-03D for further guidance related to NFS Deviation Clauses 1852.239-73 and
1852.239-74.
1804.470-1 Scope.
This section implements NASA's acquisition requirements pertaining to Federal policies for the
security of unclassified information and information systems. Federal policies include the
Federal Information System Management Act (FISMA) of 2002, Homeland Security Presidential
Directive (HSPD) 12, Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.), OMB Circular A130, Management of Federal Information Resources, and the National Institute of Standards and
Technology (NIST) security requirements and standards. These requirements safeguard IT
services provided to NASA such as the management, operation, maintenance, development, and
administration of hardware, software, firmware, computer systems, networks, and
telecommunications systems.
1804.470-2 Policy.
NASA IT security policies and procedures for unclassified information and IT are prescribed in
NASA Policy Directive (NPD) 2810, Security of Information Technology; NASA Procedural
Requirements (NPR) 2810, Security of Information Technology; and interim policy updates in
the form of NASA Information Technology Requirements (NITR). IT services must be
performed in accordance with these policies and procedures.
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1804.470-3 IT security requirements.
(a) These IT security requirements cover all NASA awards in which IT plays a role in
the provisioning of services or products (e.g., research and development, engineering,
manufacturing, IT outsourcing, human resources, and finance) that support NASA in meeting its
institutional and mission objectives. These requirements are applicable when a contractor or
subcontractor must obtain physical or electronic access beyond that granted the general public to
NASA's computer systems, networks, or IT infrastructure. These requirements are applicable
when NASA information is generated, stored, processed, or exchanged with NASA or on behalf
of NASA by a contractor or subcontractor, regardless of whether the information resides on a
NASA or a contractor/subcontractor's information system.
(b) The Applicable Documents List (ADL) should consist of all NASA Agency-level IT
Security and Center IT Security Policies applicable to the contract. Documents listed in the ADL
as well as applicable Federal IT Security Policies are available at the NASA IT Security Policy
Web site at: http://www.nasa.gov/offices/ocio/itsecurity/index.html.
1804.470-4 Contract clause.
(a) Insert the clause at 1852.204-76, Security Requirements for Unclassified Information
Technology Resources, in all solicitations and awards when contract performance requires
contractors to—
(1) Have physical or electronic access to NASA's computer systems, networks, or
IT infrastructure; or
(2) Use information systems to generate, store, process, or exchange data with
NASA or on behalf of NASA, regardless of whether the data resides on a NASA or a contractor's
information system.
(b) Parts of the clause and referenced ADL may be waived by the contracting officer if
the contractor's ongoing IT security program meets or exceeds the requirements of NASA
Procedural Requirements (NPR) 2810.1 in effect at time of award. The current version of NPR
2810.1 is referenced in the ADL. The contractor shall submit a written waiver request to the
Contracting Officer within 30 days of award. The waiver request will be reviewed by the Center
IT Security Manager. If approved, the Contractor Officer will notify the contractor, by contract
modification, which parts of the clause or provisions of the ADL are waived.
Subpart 1804.5—Reserved
[PN 18-15]
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Subpart 1804.6—Contract Reporting
1804.604 Responsibilities.
(c) Centers shall perform statistically-valid comparisons of FPDS data to contract files to
support the submission of the procurement officer Certification of Procurement Data
Submissions to FPDS, the FPDS Data Element Template Accuracy Rate Results and the FY
FPDS Data Quality Report Details.
(i) Policy:
(A) All reportable Center actions must be entered into FPDS. On or
about April 15th, the Headquarters Office of Procurement, Procurement Strategic Operations
Division will provide the Centers with the templates for their certification documents. The
Headquarters Office of Procurement will randomly select actions (excluding grants) for data
validation and verification from records in the system and provide a list of actions to each Center
on or about April 15th and October 15th of each year. Each center shall identify a primary focal
point and one alternate for FPDS data verification and validation responsibility. The focal point
is responsible for establishing and coordinating the center’s review process and ensuring that
reviews comply with the requirements of this section and the OFPP mandate for independent
review of contract actions against the contract file. The focal point shall also ensure that
certifications are provided to the Headquarters Office of Procurement, Procurement Strategic
Operations Division on or before the December 15th due date each year unless the Director,
Headquarters Office of Procurement, Procurement Strategic Operations Division establishes
another suitable due date. Focal point and/or alternate changes shall be promptly provided to the
Headquarters Office of Procurement, Procurement Strategic Operations Division.
(B) The focal point shall ensure that the most current copy/version of the
Center’s Data Quality Plan is provided to the Headquarters Office of Procurement, Procurement
Strategic Operations Division. For definitions and procedures for the verification and validation
of FPDS data as well further information regarding Center Data Quality Plans, refer to the
NASA FPDS Guide. The NASA FPDS Guide provides agency-wide guidance for NASAspecific data reporting in FPDS.
[PN 18-08]
Subpart 1804.8—Government Contract Files
1804.802 Contract Files.
(f) The official contract file is as depicted in FAR 4.801 through 4.803 for files
containing the records of all contractual actions. All official contract files (including, but not
limited to, all documents whether they originated from the Government or the contractor) shall
be stored as follows:
(1) All new NCWS awards shall be stored electronically in the NCWS system.
(2) All pre-NCWS awards may continue to be stored either electronically in the
system of origin, or in paper format, but not in both.
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(g) Any exceptions to the requirements described in this section shall be approved by the
Headquarters Office of Procurement, Procurement Strategic Operations Division before filing
the documents.
1804.802-70 Handling of classified material.
When a contract is unclassified, classified material relating to that contract shall be maintained in
a separate file folder and container, and the unclassified folder shall be marked to indicate the
location of the classified material. The front and back of each folder containing classified
material shall be marked with the highest classification assigned to any document in the folder.
1804.803 Contents of contract files.
1804.803-70 Format and Checklist.
(a) For contract files stored in NCWS. Contracting officers shall store contract file content in
accordance with the folder structure included within NCWS.
(b) For paper or electronic contract files not stored within NCWS. Contracting officers shall
organize contract file content in accordance with the file structure established on the version of
the NASA Form (NF) 1098, Checklist for Contract Award File Content, which was in effect at
the time the procurement was initiated. Contracting officers shall ensure that a completed copy
of the NF 1098 is contained in the paper or electronic contract file.
1804.804 Closeout of contract files.
See Appendix B, for further contract closeout procedures.
1804.804-2 Closeout of the contracting office files if another office administers the
contract.
(b) Upon receiving the NASA Form 1611 or DD Form 1594, Contract Completion
Statement, from the contract administration office and complying with FAR 4.804-2(b), the
contracting officer shall complete the form.
1804.804-5 Procedures for closing out contract files.
(a) When the contracting office retains contract administration (excluding acquisitions
under the simplified acquisition threshold), the contracting officer must comply with FAR 4.8045(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.
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1804.805 Storage, handling, and disposal of contract files.
(a) For additional information and procedures for handling, storing, and disposing of
contract files see NPR 1441.1, NASA Records Management Program Requirements and NRRS
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.
1804.1001 Policy
Subpart 1804.10—Uniform Use of Line Items
(c) The contracting officer should coordinate with Agency, Center, other program
offices, and finance offices, as appropriate, when structuring the contract line item(s).
[PN 19-13]
Subpart 1804.16—Unique Procurement Instrument Identifiers
1804.1602 Identifying the PIID and supplementary PIID.
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(a)(5)(i) Modifications to letter contracts shall be numbered in accordance with FAR
4.1603(b)(2). Except for termination notices, modifications shall be effected by the use of
Standard Form 30, Amendment of Solicitation/Modification of Contract.
(ii) 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)(5)(i) of this section.
1804.1603 Procedures.
(a) All PIIDs for all new NASA awards shall be 13 digits in length. Letter contracts
shall be numbered in accordance with the requirements for the definitive contract expected to
result from the letter contract.
(a)(3) For intragovernmental transactions, NASA shall use the letter, “T” for the ninth
digit of the PIID. Intragovernmental transactions are, for example, requests to other Government
agencies to furnish supplies or services. Intragovernmental transactions do not include awards
by NASA to fulfill requests from other agencies. For Broad Agency Announcements (BAAs),
NASA Research Announcements (NRAs), and Announcement of Opportunities (AOs), NASA
shall use the letter, “N” for the ninth digit of the PIID.
(a)(4) NCWS automatically assigns the 10th digit for all transactions processed in
NCWS. However, some transactions are not processed in NCWS. It is necessary to ensure
differentiation between PIIDs assigned to transactions processed in NCWS and PIIDs assigned to
transactions processed outside of NCWS to meet Federal Procurement Data System (FPDS)
reporting requirements. If NCWS automatically assigns the PIID to these transactions, use of
letters in the 10th digit is not required. When transactions are processed outside of NCWS, the
following letters must be used in the 10th digit of the PIID:
E – Emergency acquisitions made in accordance with FAR Part 18,
Emergency Acquisitions.
H – Training expenditures made using the Standard Form 182,
Authorization, Agreement and Certification of Training.
W – Procurement actions using the purchase card as the method of
payment.
PIIDs:
(a)(5) Illustration of PIID. The following illustrates two properly configured NASA
(i) PIID 80GSFC17C0001 would be a GSFC action signed in FY17. It
would be the first one issued at the Center, and the action type would be a contract.
80
|
NASA
GSFC
|
GSFC
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17
|
FY17
C
|
Contract
0001
|
Serial No. 1
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(ii) PIID 80MSFC17PW001 would be a MSFC action signed in FY17.
This action would be the first one issued at the Center, and the action type would be a purchase
order, done outside of NCWS using the purchase card as a method of payment. Had the
purchase order (with or without the purchase card as a method of payment) been prepared within
NCWS, the last four digits would have been 0001 instead of W001.
80
MSFC 17
|
|
|
NASA MSFC FY17
P
|
Purch Order
W
|
Purch Card Payment
001
|
Serial No. 1
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 NASA Associate Deputy Administrator
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.
(c) Approval of the transfer of institutional related services above the simplified
acquisition threshold has been obtained through Mission Support Future Architecture Program
(MAP) Office of Procurement and Office of Small Business Program Transformation Project
MSC decisions.
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.
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(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
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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—Release or Posting of Documents
1804.7101 Policy.
It is the responsibility of all involved in the acquisition process, who have access to contractor
proprietary or otherwise sensitive non-public data to handle such data in an appropriate manner
to prevent the unauthorized disclosure of sensitive and/or proprietary contractor information or
data.
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1804.7102 General.
Contractor proprietary or other sensitive non-public data can be inappropriately released by
mistakenly providing a contractor’s financial or technical proprietary data to another contractor,
inadvertently exposing or allowing access to sensitive internal agency information or export
controlled data, or releasing documents which contain metadata during a competitive
procurement. Because of the potential negative impact of these inadvertent disclosures of
contractor proprietary or otherwise sensitive non-public data on the integrity of the procurement
process, great care must be taken in the handling of this data to prevent the unintentional
disclosure of contractor proprietary or other sensitive non-public data.
1804.7103 Procedures.
Contracting officers shall complete the electronic document posting checklist prior to any
documents or files being uploaded, released, transmitted, or posted to an internet accessible
location. Exempted documents include Agency level directives posted to the NODIS library or
other policy documents available through the Federal Register.
Subpart 1804.72—Reserved
Subpart 1804.73—Procurement Requests
1804.7301 General.
(a) The procurement request (PR) is known as a “purchase requisition” (requisition) and
is developed in NASA’s Integrated Enterprise Management Program/Core Financial Module
(CF). In order for a requisition to be sent forward for action, CF requires that several
coordinations be obtained first. However, there are additional required coordinations at the
Agency level and sometimes at the Center level. The initiator of the requisition or technical
representative is responsible for obtaining those additional coordinations. NASA Form (NF)
1707, Special Approvals and Affirmations for Requisitions, must be used to document additional
coordinations. The completed NF 1707 and any additional special approvals or affirmations
required must be electronically attached to the requisition in CF and shall include the name of the
approver and date approved. The contracting officer shall include a copy of the completed NF
1707 and any additional special approvals or affirmations in the appropriate NCWS electronic
contract file folder. The procurement office shall not accept a requisition until all required
coordinations have been documented. The NF 1707 is not required for within scope actions for
which special approvals and affirmations have previously been obtained.
(b) Except in unusual circumstances, the contracting officer shall not issue solicitations
until the contracting officer receives an approved certification that funds are available. However,
the contracting office may take necessary actions, up to the point of obligation of funds, before
the acceptance of the requisition certifying that funds are available only 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;
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issuance; and
3. The procurement officer authorizes such action in writing before solicitation
4. The solicitation includes the clause at FAR 52.232-18, Availability of Funds.
The clause shall be deleted from the resultant contract.
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PART 1805
PUBLICIZING CONTRACT ACTIONS
TABLE OF CONTENTS
SUBPART
1805.101
1805.1
DISSEMINATION OF INFORMATION
Methods of disseminating information.
SUBPART 1805.2
1805.205
1805.207
1805.207-70
SYNOPSES OF PROPOSED CONTRACT ACTIONS
Special Situations.
Preparation and transmittal of synopses.
Synopses of Architect-Engineer Services.
SUBPART 1805.3
1805.303
1805.303-70
1805.303-71
SYNOPSES OF CONTRACT AWARDS
Announcement of contract awards.
Definitions.
Actions requiring NASA Headquarters public
announcement or Administrator Notification of a
Significant Contract Action (ANOSCA)
Announcement (PA).
Procedures.
1805.303-72
SUBPART
1805.402
1805.403
1805.4
RELEASE OF INFORMATION
General public.
Requests from Members of Congress.
SUBPART
1805.502
1805.5
PAID ADVERTISEMENTS
Authority.
SUBPART
1805.7001
1805.70
NASA Strategic Sourcing Repository
General
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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 Contract Actions
1805.205-70 Special situations.
In accordance with NPD 5000.2, Small Business Subcontracting Goals, a Sources Sought Notice
shall be posted for a minimum of 10 business days for proposed contract actions that exceed $50
million. The posting requirement is optional for proposed contract actions of $50 million or less.
1805.207 Preparation and transmittal of synopses.
(c)(10) The description of the duration of the contract period shall include the basic
contract and any option period, including the period permitted by FAR 52.217-8, Option to
Extend Services.
(c)(15) 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 330, Architect-Engineer Qualifications, Part I – Contract
Specific Qualifications, if required;
(ii) Describe any specialized qualifications, security classifications, and
limitations on eligibility for consideration;
(iii) Describe qualifications or performance data required from architectengineer 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.
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Subpart 1805.3—Synopses of Contract Awards
1805.303 Announcement of contract awards.
(a) In lieu of the threshold cited in FAR 5.303(a), a NASA Headquarters public
announcement is required for award of contract actions that have a total anticipated value,
including unexercised options, of $7 million or greater.
(1) Agency procedure is to make a public announcement of awards $7 million or greater
when the authority of section 8(a) of the Small Business Act is utilized.
[PN 20-04]
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 an indefinite delivery, time and material, or labor hour
contract.
"Contract actions" as used in this subpart, means in addition to the definition found in FAR
5.001, letter contracts and undefinitized contract actions.
[PN 20-04]
1805.303-71 Actions requiring NASA Headquarters public announcement or
Administrator Notification of a Significant Contract Action (ANOSCA)
(a) NASA Headquarters public announcement. Contracting officers shall submit a
NASA HQ public announcement for the following:
(1) Contract actions with anticipated values equal to or greater than $7 million,
but less than $30 million.
(2) Exercise of option(s) with values equal to or greater than $30 million.
(b) ANOSCA and NASA Headquarters public announcement. Contracting officers shall
submit both an ANOSCA and a NASA Headquarters public announcement for contract actions
with anticipated values equal to or greater than $30 million.
(c) For other potentially significant contract actions at any dollar value that may be of
major interest to NASA Headquarters or have public information implications, the contracting
officer shall contact the cognizant Headquarters Office of Procurement, procurement portfolio
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manager to determine whether an ANOSCA or NASA Headquarters public announcement is
required. Examples of other potentially significant actions may include—
(1) Terminations;
(2) Contract modifications;
(3) Issuance of stop work orders;
(4) Classified actions;
(5) Cost overrun modifications, or
(6) Orders placed under single or multiple award contracts (including GSA).
[PN 20-04]
1805.303-72 Procedures.
(a)(1) Contract actions requiring an ANOSCA or NASA Headquarters public
announcement shall not be distributed nor shall any source outside NASA be notified of its status
until the following procedures have been completed (However, see below for the exception for
Small Business Set-Aside notifications to Offerors prior to ANOSCA approval, as described in
(a)(3)(i)):
(2) The contracting officer shall prepare an ANOSCA or NASA Headquarters
public announcement using the NASA Notification of Contract Action Template.
(3)The NASA Notification of Contract Action shall be submitted electronically
encrypted to the cognizant Headquarters Office of Procurement, procurement portfolio manager.
(i) For set aside actions under small business programs, the CO shall
submit the NASA Notification of Contract Action not later than concurrently with the issuance
of the preaward notice to offerors described in FAR 15.503(a)(2). Following the required time
period for small business size challenges described in FAR 19.302(d), the CO shall inform the
procurement portfolio manager, via email, if any size challenges were received. If NASA does
not receive any timely size challenges, then the procurement portfolio manager shall complete
the ANOSCA routing process.
(ii) For actions to exercise an option, the CO shall submit the NASA
Notification of Contract Action immediately after the issuance of the preliminary notice of intent
to exercise an option, in accordance with FAR 52.217-9 for services, or when providing the
written notice to the contractor to exercise an option as permitted by the option clause in the
contract.
(iii) For all other actions, the NASA Notification of Contract Action
shall be submitted at least three (3) business days prior to the planned public announcement.
(4) The contracting officer shall confirm receipt of the NASA Notification of
Contract Action from the cognizant Headquarters Office of Procurement, procurement portfolio
manager.
(5) NASA Headquarters Office of Legislative and Intergovernmental Affairs
will coordinate the timing for notifying offerors with the contracting officer such that the offerors
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are notified prior to Congress, and Congress is notified prior to public announcement.
(b) Installations may proceed with award and local release of the information after
NASA Headquarters Office of Communications makes the public announcement, which occurs
at 5:00 PM ET on the agreed upon date, consistent with FAR 5.303.
[PN 20-04, 23-01]
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.
(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 and Intergovernmental Affairs for
approval and release.
Subpart 1805.5—Paid Advertisements
1805.502 Authority.
Use of paid advertisements for procurement purposes (except FBO announcements) is not
authorized in NASA.
Subpart 1805.70—NASA Strategic Sourcing Repository
1805.7001 General.
The NASA Office of Procurement Strategic Sourcing Repository is a searchable tool used to
identify existing NASA contracts available for Centers to use to fulfill emerging needs. In order
to keep the repository up-to-date, the contracting officer shall complete and submit the
information specified on the Office of Procurement Strategic Sourcing Publicizing Instructions
webpage not later than thirty days after award of an Agency-wide contract, Multi-Center
contract, or Center-wide contract. The definitions for Agency-wide, Multi-Center, and Centerwide contract can be found on the Office of Procurement Strategic Sourcing website.
[PN 18-04, PN 20-07]
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Part 1805—Publicizing Contract Actions
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Part 1806—Competition Requirements
PART 1806
COMPETITION REQUIREMENTS
(Revised June 8, 2017)
TABLE OF CONTENTS
SUBPART
1806.2
1806.202
1806.202-70
FULL AND OPEN COMPETITION AFTER EXCLUSION
OF SOURCES
Establishing or maintaining alternative sources.
Formats.
SUBPART 1806.3
1806.302
1806.302-4
1806.302-7
1806.303
1806.303-1
1806.303-170
1806.303-2
1806.303-270
1806.304
OTHER THAN FULL AND OPEN COMPETITION
Circumstances permitting other than full and open competition.
International agreement.
Public interest.
Justifications.
Requirements.
Sole-source purchases by contractors.
Content.
Use of unusual and compelling urgency authority.
Approval of the justifications.
SUBPART
1806.501
1806.502
ADVOCATES FOR COMPETITION
Requirement.
Duties and Responsibilities.
1806.5
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PART 1806
COMPETITION REQUIREMENTS
Subpart 1806.2—Full and Open Competition After Exclusion of Sources
See PIC 17-04A for further guidance related to FAR Subpart 6.2.
1806.202 Establishing or maintaining alternative sources.
source.
(a) The authority of FAR 6.202 is to be used to totally or partially exclude a particular
(b)(1) The Senior Procurement Executive is the designated official to approve the
determination and findings required by FAR 6.202(b).
.
1806.202-70 Formats.
The contracting officer shall use the Authority to Exclude a Source Determination and Findings
template to document the file for all actions excluding a particular source under the authority of
FAR 6.202(a).
Subpart 1806.3—Other Than Full and Open Competition
See PIC 18-01I for further guidance.
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 NASA Headquarters, Office of Legislative and Intergovernmental Affairs is
responsible for notifying Congress. The Headquarters Office of Procurement, Procurement
Strategic Operations Division shall request the notice to Congress 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.
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1806.303 Justifications.
1806.303-1 Requirements.
(c) 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 6.302-7 to the Headquarters Office of Procurement, Procurement
Strategic Operations Division, 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.
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.
(a) The contracting officer shall use the Justification for Other than Full and Open
Competition (JOFOC) template to document the file for all JOFOC actions using the authorities
under FAR 6.302.
1806.303-270 Use of unusual and compelling urgency authority.
(a) When using the authority of FAR 6.302-2, the justification required in FAR 6.303
shall describe and provide rationale as to the extent and nature of the harm to the Government
by: quantifying the serious injury; estimating the cost and describing the basis for the estimate of
the financial injury. If personal injury or loss of life or any other injury is probable, describe the
circumstances behind this potential injury/loss and why no other action could avert these
conditions. Include a chronological explanation of events that caused the urgent situation. The
justification must also explain the extent to which competition is limited and describe the extent
to which maximum practicable competition was obtained given the circumstances.
(b) 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;
(1) 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
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(2) Documentation of the reasons why no other source could practicably compete
for the interim requirement.
1806.304 Approval of the justifications.
(a) Contracting officers shall obtain concurrences and approvals for justifications.
Additionally, if there are any changes to the requirements, basis for the justification, market
conditions, or increases in the estimated value of the proposed action occur at any time prior to
award, the contracting officer shall re-obtain the required concurrences and approvals via a
revised justification. Concurrences and approvals for justifications of contract actions consistent
with the dollar values identified in FAR subparts 6.2 and 6.3 shall be obtained from the
following NASA officials:
(a)(2) The concurring official is the procurement officer and the approving official is the
contracting activity Competition Advocate.
(a)(3) The concurring officials are the procurement officer and the contracting activity
Competition Advocate. The approving official is the head of the contracting activity. The
approval authority may not be delegated to other than the installation’s deputy procurement
officer.
(a)(4) The concurring officials are the procurement officer, the contracting activity
Competition Advocate, the head of the contracting activity, and the Agency Competition
Advocate. The approving official is the Senior Procurement Executive.
(b) For proposed contract actions requiring approval by the Senior Procurement
Executive, the justification shall be transmitted electronically to the cognizant Headquarters
Office of Procurement, procurement portfolio manager.
(c) Regardless of dollar value, class justifications shall be approved by the Senior
Procurement Executive.
[PN 19-05, PN 20-03]
Subpart 1806.5—Advocates for Competition
1806.501 Requirement.
(1) The Deputy Assistant Administrator for Procurement is the agency competition
advocate, reporting to the Assistant Administrator for Procurement on issues related to
competition of NASA acquisitions.
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(2) The designated individual within the Office of the Center Director at each NASA
installation are the competition advocate for program/project contracting activities at their
installation. See Procurement Ombudsman / Competition Advocate Points of Contact listing.
(3) The functional owners for institutional programs (e.g. Assistant Administrator for
Office of Protective Services) are the competition advocates for their institutional procurement
activities. See Procurement Ombudsman / Competition Advocate Points of Contact listing.
1806.502 Duties and Responsibilities.
(b) Competition advocates shall submit fiscal year annual reports to the agency
competition advocate on or before December 1 of each year. The report shall address FAR 6.502
requirements for competition and commercial item reporting by means of concise, selfexplanatory bullets for each element utilizing the agency competition advocate reporting
template.
[PN 20-03]
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Part 1807—Acquisition Planning
PART 1807
ACQUISITION PLANNING
TABLE OF CONTENTS
SUBPART
1807.103
1807.104
1807.105
1807.107
1807.1
ACQUISITION PLANS
Agency-head responsibilities.
General procedures.
Contents of written acquisition plans.
Additional requirements for acquisitions involving, consolidation
bundling, or substantial bundling.
Consolidation
Bundling.
Substantial bundling.
Orders against Federal Supply Schedule contracts or other
indefinite-delivery contracts awarded by another agency.
Procurement Strategy Meeting (PSM).
1807.2
PLANNING FOR THE PURCHASE OF SUPPLIES IN
ECONOMIC QUANTITIES
Responsibilities of contracting officers.
SUBPART
1807.503
1807.5
INHERENTLY GOVERNMENTAL FUNCTIONS
Policy.
SUBPART
1807.70
ENTERPRISE LICENSE MANAGEMENT TEAM (ELMT)
PROGRAM
Policy.
Purchase request.
File documentation.
Advance agency planning.
1807.71
PROCUREMENT ADMINISTRATIVE LEAD TIME
TRACKING
Policy.
Applicability.
Submission procedures.
1807.72
ACQUISITION FORECASTING
Policy.
Definitions.
Responsibilities.
Forecast data.
1807.107-2
1807.107-3
1807.107-4
1807.107-70
1807.107-71
SUBPART
1807.204
1807.7000
1807.7001
1807.7002
1807.7003
SUBPART
1807.7100
1807.7101
1807.7102
SUBPART
1807.7200
1807.7201
1807.7202
1807.7203
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PART 1807
ACQUISITION PLANNING
Subpart 1807.1—Acquisition Plans
1807.103 Agency-head responsibilities.
(e)(i) Except as provided in paragraph (e)(iii) of this section, acquisition plans shall be
prepared according to the following:
(A) Acquisitions for human space flight end item(s) significant radioactive
materials (defined as levels of radioactive material onboard spacecraft and/or launch vehicle that
require nuclear launch authorization by the Administrator or Executive Office of the President as
described in NPR 8715.26), or with a total estimated dollar value of $2 Billion or greater
including Broad Agency Announcements, by a Headquarters Procurement Strategy Meeting
(PSM) Executive Summary presentation and a written acquisition plan.
(B) Acquisitions with a total estimated dollar value $500 million or
greater, or otherwise designated by the Senior Procurement Executive (See 1801.603-1), by a
PSM and executive Summary presentation approved by Headquarters, unless otherwise delegated.
(C) Acquisitions with a total estimated dollar value below $500 million, or
not otherwise designated by the Senior Procurement Executive and expected to exceed $10
million, by installation-approved PSMs or written acquisition plans.
(D) Acquisitions with a total estimated dollar value not expected to exceed
$10 million, in accordance with installation procedures.
(ii) The total estimated dollar value of the acquisition shall include the values of
multiple awards, all options and all phases of a phased acquisition.
(iii) Acquisition plans are not required for the following:
(A) Orders issued against an enterprise contract in Appendix A.
(B) Broad agency announcements or unsolicited proposals.
(C) Basic research from nonprofit organizations.
(D) Utility services available from only one source.
(E) Industrial facilities required in support of related contracts.
(F) Acquisitions from any of the mandatory Government sources listed at
FAR 8.002 and 8.003.
(g) Acquisition plans may 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.
(j) (i) Acquisition plans shall be approved before soliciting proposals.
(ii) 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. Contracting officer shall ensure all deviations
are approved in accordance with the procedures described in FAR subpart 1.4 and subpart 1801.4.
(iii) 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.
[PN 22-12, PN 22-14]
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(iv) Significant changes to an approved acquisition plan must be documented by an
addendum to the approved plan. “Significant” changes may include, but are not limited to, impacts
to contract line-item structure, contract type, fee structure, increases or decreases of 50 percent of
the estimated cost or price, evaluation criteria at the factor/subfactor level, changes that invalidate
the description of phases in phased acquisitions or changes resulting from action items associated
with the Acquisition Strategy Meeting (ASM). All other minor changes should be documented in
the contract file.
(A) Significant changes to Headquarters’ approved acquisition plans
shall be approved by the Head of the Contracting Activity. Prior to approving significant changes,
the Head of the Contracting Activity shall obtain concurrence from the Director of the
Procurement Strategic Operations Division.
(B) Significant changes to Center approved acquisition plans shall be
approved at the same level as the original acquisition plan.
[PN 21-01, PN 22-03]
1807.104 General procedures.
See PIC 18-01I for further guidance.
(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, earned value management, small business, and security to
ensure that all NASA acquisitions are structured in accordance with NASA policy in these areas.
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, property management, earned value management, small business, and
security concerns. (See NPR 8715.3, NASA General Safety Program Requirements; NPR 7120.5,
NASA Space Flight Program and Project Management Requirements; NPR 4500.1 Administration
of Property in the Custody of Contractors; NPR 2810.1, Security of Information Technology, NPD
5000.2, Small Business Subcontracting Goals and NPR 1600.1, NASA Security Program
Procedural Requirements).
(b) For an acquisition $50 million or greater, the acquisition planning team shall obtain
input from the cognizant Procurement Portfolio Manager (PPM), relative to the key concepts and
issues of the procurement strategy, for example the topics summarized within the executive
summary portion of the charts for the procurement strategy meeting, for acquisition plans prepared
in accordance 1807.103.
[PN 21-01]
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. Procurement strategy meetings (PSMs) held at
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Headquarters shall follow the FAR and NFS. Additional guidance for Headquarters PSMs is in the
Guide for Successful Headquarters Procurement Strategy Meetings. Subheadings should be used
when appropriate (e.g., the separate items under acquisition considerations at FAR 7.105(b)(5)).
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 the strategies for implementing performance-based acquisition methods shall be
described, to include the specific performance standards, results and financial incentives.
(a) Acquisition background and objectives.
(1) Describe in nontechnical terms the supplies or services to be acquired. Include
quantities. Provide a technical and contractual history of the acquisition that includes the
knowledge gained and lessons learned from the prior or predecessor contract(s) to further refine
acquisition requirements, strategies, and mitigate issues, if any, in the follow-on acquisition.
Address feasible acquisition alternatives, such as greater use of performance based acquisitions for
services.
(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. 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.
(3) Provide the independent government cost estimate (IGCE). The IGCE should
identify the estimated cost and describe the estimating methodology, to include detailed cost
estimates with sources of cost estimates, assumptions, and supporting rationale.
(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.
(7) Discuss project/program risks (see NPR 7120.5, NASA Space Flight Program
and Project Management Requirements). In addition to technical, schedule, and cost risks, the
discussion shall include the following if applicable to the acquisition: safety, occupational health,
environmental 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 2190 and Export Control Program); organizational conflicts of
interest; funding; 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.
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(8) Streamlining applies to all NASA acquisitions. Describe all planned
streamlining procedures.
(b) Plan of action.
(1) Discuss considerations, in coordination with Agency and Center CFO, CIO,
OSBP, or other program offices as necessary, given to the use of(i) Enterprise procurement strategies (see Appendix A – Enterprise
Procurement Strategies).
(ii) NASA Strategic Sourcing Initiatives (NSSI), including the
Enterprise License Management Team Program (see subpart 1807.70 and the Office of
Procurement Strategic Sourcing Searchable Repository) (see subpart 1805.70).
(iii) Annual forecasted contracts which can be found at the
NASA’s Acquisition Forecast website.
(iv) Existing governmentwide contracting opportunities, such as Bestin-Class (BIC) solutions, Government-wide acquisition contracts (GWACs) and Federal
Strategic Sourcing Initiatives (FSSI).
(v) Other potential sources. If use of a source other than the above is
planned, address why none of the contracting opportunities identified in (i) – (iv) are suitable
for the acquisition (e.g., required product/service and/or contract type not available on existing
BICs, GWACs or other governmentwide contracts; better pricing and/or terms/conditions exist
elsewhere; small business considerations; excessive fees, etc.).
(2)(iv) Describe subcontracting issues, including all applicable subcontracting
goals. (See FAR part 19, part 1819, and NPD 5000.2 Small Business Subcontracting Goals.)
(3)(A) If an incentive contract is planned, describe the planned incentive(s) and the
anticipated effects. Explain the benefits achieved from using the planned incentive type contract
and how this type of contract will outweigh the costs and resources associated with administering
the incentive contract. Consider the incentive and award fee data collected in the Contractor
Performance Assessment Reporting System (CPARS) and the Award Fee Evaluation System
(AFES) when selecting the appropriate contract type. Consider whether the incentives were
effectively used in prior similar types of contracts and did the incentives used achieve the desired
outcomes and help to ensure successful contract performance (see FAR 16.401(f) and NFS
1842.1503(b)).
(B) If a cost type contract is contemplated, address the actions planned to
minimize the use of other than a firm-fixed-price contract or transition to a firm-fixed-price
contract type in the follow-on acquisition of similar efforts or requirements. (See FAR 16.103(d)).
(4) Discuss the source selection approach (full trade-off, lowest price technically
acceptable (LPTA), price performance tradeoff (PPTO), or combination of approaches) and the
rating method (numerical scoring, acceptable/unacceptable, adjectival ratings and definitions) to be
used. Explain how it will be used and why it is expected to result in the selection of the best value
to NASA. Identify all factors and their relative importance to one another and explain how this
approach will allow for selection of the offeror(s) providing the best value. To the extent
subfactors are utilized under any of the factors, identify the relative importance of each subfactor to
one another under the specific factor. (See FAR 15.101 and NFS 1815.101.) Address how cost
realism will be evaluated. Address, as applicable, required enterprise procurement strategy source
selection approaches - see Appendix A – Enterprise Procurement Strategies.
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(5)(i) Address and substantiate the use of options; any special or unique clauses;
and any FAR or NFS deviations that are required for the specific acquisition. Address
requirements of FAR 7.105(b)(5)(i) when performance-based acquisition is not used. In
coordination with Agency, Center, other program offices, and finance offices, as appropriate,
discuss the structure of the contract line item(s) (see FAR 4.1001).
(iii) Discuss whether the acquisitions will include any IT systems and
address the IT Security Standards required by FAR 39.101(d). (See NPR 2810.1).
(6)(A) Identify the estimated cost separately by the basic contract, each option and
total amount.
(B) Identify the funding by Government fiscal year and NASA Structure
Management project number.
(C) Discuss planned approaches to eliminate funding shortfalls (vs. the
estimated cost).
(D) Discuss relevant severability issues consistent with the program/project
budget plan, to include identifying type of appropriation and funding of the severable or nonseverable services (e.g., annual or multi-year appropriations; fully funded or incremental funding at
the contract level, task level, or by contract line item number (CLIN).)
(7) Identify the type of work statement/specification planned. Specifically address
the applicability of performance work statements and the availability of commercial sources for the
supplies/services.
(11) As appropriate, identify the management system(s) that will be utilized to
monitor contractor’s performance. Identify how earned value data, reports, reviews, and
deliverables (e.g., data requirements descriptions (DRDs)) will be used to monitor contractor’s
performance.
(19) Address contract administration issues, including —
(A) Planned delegations of administrative functions.
(B) When contract changes are anticipated, discuss the plan to manage such
changes and the specific measures that will be taken to minimize the issuance of undefinitized
contract actions.
(C) When it is anticipated that there will be a follow-on award for similar
efforts or requirements to the instant acquisition, which will result in the award of a noncommercial, fee bearing, cost-reimbursement contract and for which the follow-on award may be
delayed (i.e. protest), discuss the potential impacts that a delay in awarding the follow-on contract
would have on the successful completion of agency requirements (e.g., potential costs to the
agency associated with delays in implementing new mission critical requirements, potential costs
to the agency associated with delays in achieving critical path milestones, increased costs to the
agency that impact the agency’s ability for new requirements to be completed).
(1) If it is determined that the follow-on award would be adversely
impacted by a delay, contracting officers shall contact the Director, Headquarters Office of
Procurement, Procurement Management & Policy Division for further guidance.
(D) Consideration of on-ramp provisions, enabling additional
contractors to be added in the future, if a multiple award contract is contemplated.
(E) Identify and list all applicable agency-wide data requirements
descriptions and requirement statements (see Appendix C – Data Requirements Descriptions and
Requirements Statements).
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(21) If the period between release of solicitation to contract award is more than 120
calendar days (180 days for formal source selection competitions), explain why that goal cannot be
met.
[PN 18-04, PN 18-09, PN 19-11, PN 19-12, PN 19-13, PN 20-07, PN 21-01, PN 21-05]
1807.107 Additional requirements for acquisitions involving consolidation, bundling, or
substantial bundling.
1807.107-2 Consolidation.
(a) The contracting officer shall submit requests for approval of the determination to
consolidate requirements with an estimated total dollar value exceeding the threshold cited in
FAR 7.107-2(a) using the Determination and Findings for Consolidation of Requirements
template to the cognizant Headquarters Office of Procurement, procurement portfolio manager.
(b) The Senior Procurement Executive will make the required determination.
(e)(2)(ii) The request for approval of a proposed consolidation that meets the
requirements at FAR 7.107-2(e)(1)(i) and (ii) must be approved by the Associate Administrator
for the Mission Support Directorate. The contracting officer shall submit requests using the
Determination and Findings for Consolidation of Requirement template to the cognizant
Headquarters Office of Procurement, procurement portfolio manager.
[PN 18-16]
1807.107-3 Bundling.
(f)(2)(ii) Requests for approval of proposed bundling that does not meet the thresholds in
FAR 7.107-3 must be approved by the Associate Administrator for the Mission Support
Directorate. The contracting officer shall submit requests using the Determination and Findings
for Bundled Requirements template to the cognizant Headquarters Office of Procurement,
procurement portfolio manager.
1807.107-4 Substantial bundling.
(a)(ii) The substantial bundling documentation requirements apply to each proposed
NASA bundling action expected to exceed $6 million. The contracting officer must forward the
documentation along with the measurable benefits analysis required by FAR 7.107-3 to the
Headquarters Office of Procurement, Procurement Strategic Operations Division 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.
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The FAR and NFS requirements for justification, review, and approval of bundling and
consolidation 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" or “consolidation or consolidated
requirement” at FAR 2.101.
[PN 18-16]
1807.107-71 Procurement Strategy Meeting (PSM).
(a) The PSM is an acquisition plan conducted through a meeting attended by all interested
NASA offices. The Guide for Successful Headquarters Procurement Strategy Meetings (PSMs)
should be followed. For Headquarters PSMs, the charts should be submitted to the cognizant
Headquarters Office of Procurement, procurement portfolio manager at least 5 working days prior
to the scheduled meeting date. 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 PSM 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 PSM 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) Rationale for proposed deviations should be addressed in the PSM. Deviations
addressed in the proposed acquisition strategy should be submitted to the cognizant Headquarters
Office of Procurement, procurement portfolio manager.
(d) Headquarters PSMs will be chaired by the Senior Procurement Executive or designee.
The Headquarters Office of Procurement, Procurement Strategic Operations Division will prepare
the minutes of Headquarters PSMs and distribute them for review, as appropriate, prior to approval
by the PSM chairperson.
(e) For field installation PSMs, 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.
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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—Enterprise License Management Team (ELMT) Program
1807.7000 Policy.
Requiring Offices, contracting officers and Governmentwide commercial purchase cardholders
shall make use of the ELMT Program which establishes enterprise software license agreements
that allow NASA to obtain favorable terms and pricing for commercial software and aligns with
NASA’s Strategic Sourcing Goals. The NSSC’s ELMT Program Office is available to procure
new software licenses or software maintenance contracts not currently in the ELMT portfolio.
Allowing the ELMT Program the opportunity to process individual orders provides insight into
Center requirements that will assist the ELMT in identifying future consolidation opportunities for
the Agency.
1807.7001 Purchase request.
The Requiring Office shall coordinate with the Center CIO and the ELMT Program Office on the
acquisition of any software licenses or software maintenance prior to submitting a purchase request
to a contracting officer or Governmentwide commercial purchase cardholder to make such
purchase. The requiring or requesting official shall review the information at the ELMT website to
determine if the required commercial software or related services are available. A listing of the
ELMT enterprise license agreements, consolidated agency contracts and other products or services
of ELMT can be found at: https://www.nssc.nasa.gov/elmt/. Use of the ELMT should be
considered during acquisition planning when acquiring software licenses or software maintenance
under new or existing contracts, task or delivery orders, or when contemplating a purchase using a
Governmentwide purchase card or when exercising options under existing contracts that provide
software or software maintenance. Prior to sending a purchase request to the contracting officer,
the requiring office and the Center CIO or IT Asset Manager shall coordinate with the ELMT
Program Office to determine whether existing or planned ELMT software agreements can fulfill a
software requirement 30 days prior to entering into a new contract, exercising an option,
consenting to a subcontract, issuing a task or delivery order, or making a purchase using a
Governmentwide purchase card. The ELMT is available to assist in preparing requirements and
supporting documentation and in obtaining appropriate approvals.
1807.7002 File documentation.
(a) The contracting officer shall document the contract file that the requiring office has
obtained the ELMT Program Office approval to purchase the software or software maintenance.
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Requesting offices are required to provide the documentation with the purchase request e.g.
NF1707, email, or some written documented evidence of the coordination.
(b) Contracting officers receiving purchase requests that have not been coordinated with
the ELMT shall ensure a justification is obtained from the requesting office and approved by
Center CIO that explain why the ELMT coordination was not performed to fulfill their software
requirement. The justification shall be included in the contract file. If a requesting office seeks to
procure software or software maintenance through other than ELMT, the requesting office shall
provide a written justification that includes a detailed explanation of how the procurement will
achieve the benefits that would have been obtained had the services or products been obtained
through the ELMT. The list below outlines just a few of the many benefits available through the
agency’s ELMT Program which shall be addressed in the justification.
1. Reduced software costs (initial purchases and maintenance)
2. Consideration of Small Business socio-economic requirements
3. Reduced procurement activities and subsequent cost
4. Increased Agency access to vendor software suites, packages and add-ons
5. Establishment of common software versions and configurations throughout the
Agency
6. Promotion of efficient utilization of software applications
7. Increased potential for Agency License reutilization
8. Providing Asset Inventory Tracking and Reporting
9. Negotiating favorable licensing terms and conditions for NASA that reduce IT
security and programmatic risk
10. Centralized License Compliance and Audit Support
11. Providing Budget and Procurement Planning Support
An information copy of the justification shall be provided to the ELMT program at
[email protected] 30 days prior to award.
1807.7003 Advance agency planning.
Program requirements offices, procurement officers and chief information officers should jointly
consider submitting a comprehensive portfolio request to the ELMT for any software not currently
being procured via the ELMT for future business case consideration. Centers should identify a
point of contact to interface with the ELMT regarding the portfolio request.
Subpart 1807.71—Procurement Administrative Lead Time Tracking
See PIC 18-01I for further guidance.
1807.7100 Policy.
Section 878 of the National Defense Authorization Act (NDAA) of 2019 defined Procurement
Administrative Lead Time (PALT) as the amount of time between the date on which an initial
solicitation for a contract or order is issued to the date of award of the contract or order. PALT
submissions are tracked and managed through an Internet-based tool known as the Procurement
Administrative Lead Time+ site (PALT+). The PALT+ provides information on planned
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acquisitions and visibility into PALT timelines providing management insight into acquisitions
above the simplified acquisition threshold across NASA programs. PALT+ data is used to support
other Agency planning activities, including the monthly Baseline Performance Review (BPR).
[PN 21-01]
1807.7101 Applicability.
(a) PALT+ applies to:
(1) New contract actions, task orders, delivery orders, letter contracts, interagency
acquisitions, blanket purchase agreements, and all Broad Agency Announcements (BAAs) to
include, Announcement of Opportunities (AOs), NASA Research Announcements (NRAs),
Cooperative Agreement announcements (CANs), and other forms of announcements (see
1835.016(a)(i)) where the dollar value, including the aggregate amount of options, or later phases
of multi-phase acquisitions, is expected to equal or exceed the simplified acquisition threshold.
(2) All undefinitized contract actions.
(3) Supplemental agreements containing new work, a debit change order, or a
credit change order, or any combination/consolidation thereof, if the absolute value of the actions
is $50 million or greater (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
PALT+.
(b) The PALT+ does not apply to incremental funding actions or the exercising of options.
[PN 18-09, PN 19-12, PN 21-01]
1807.7102 Submission procedures.
(a) Each installation shall submit a record in the PALT+ site for every known acquisition
that meets the criteria in 1807.7101. The PALT+ record shall be entered at the earliest stages of
“acquisition planning”, as defined in FAR 2.101. As such, the record shall be created upon
issuance of the letter requesting the appointment of the Requirements Development Team (RDT).
If an RDT is not required, the record shall be created prior to the development of an acquisition
plan or strategy or Justification for Other Than Full and Open Competition (JOFOC)/Limited
Sources Justification. The PALT+ is a living database and should be updated continually to
identify upcoming acquisitions.
(b) Installations are required to maintain current status information for all PALT+ records
until the award data is entered into the PALT+ site and the protest period has expired.
[PN 18-04, PN 21-01]
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Part 1807—Acquisition Planning
Subpart 1807.72—Acquisition Forecasting
See PIC 18-01I for further guidance.
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/forecast/index.html ).
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 the simplified acquisition
threshold (SAT).
1807.7202 Responsibilities.
NASA procurement officers shall provide the data required by 1807.7203 to the Headquarters
Office of Procurement, Procurement Strategic Operations Division not later than September 1 for
the annual forecast and March 1 for the semiannual update. Along with this data, NASA
procurement officers shall include a statement that a review was conducted of the existing NASA
contracts that are available for other Centers to use as identified on the Office of Procurement
Strategic Sourcing Searchable Repository. See 1808.004 for information on use of other sources.
[PN 18-04]
1807.7203 Forecast data.
(a) The annual forecast shall identify all known contract opportunities in excess of the
simplified acquisition threshold. Each such action should be identified as one of the four broad
categories of acquisitions: Construction (including A&E), Research and Development, Services, or
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Supplies (including equipment) and shall include the elements outlined on the NASA Acquisition
Forecast web page under data definitions.
(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.
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Part 1808—Required Sources of Supplies and Services
PART 1808
REQUIRED SOURCES OF SUPPLIES AND SERVICES
TABLE OF CONTENTS
1808.003
1808.003-70
1808.003-71
Use of other mandatory sources.
Acquisition of radioisotopes.
Acquisition of helium, hydrogen, nitrogen, oxygen,
other propellants and aerospace fluids.
NASA Strategic Sourcing Initiative.
Policy.
Purchase request.
Acquisition of mercury.
Use of other sources.
1808.003-72
1808.003-7201
1808.003-7202
1808.003-73
1808.004
SUBPART
1808.103
1808.1
EXCESS PERSONAL PROPERTY
Information on available excess personal property.
SUBPART
1808.404
1808.405
1808.405-3
1808.405-6
1808.4
FEDERAL SUPPLY SCHEDULES
Use of Federal Supply.
Ordering Procedures for Federal Supply Schedules.
Blanket purchase agreements (BPAs).
Limiting sources.
SUBPART
1808.6
ACQUISITION FROM FEDERAL PRISON INDUSTRIES,
INC.
Policy.
Waivers.
1808.7
ACQUISITION FROM NONPROFIT AGENCIES
EMPLOYING PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procedures.
General.
SUBPART
1808.802
1808.870
1808.8
ACQUISITION OF PRINTING AND RELATED SUPPLIES
Policy.
Contract clause.
SUBPART
1808.1100
1808.11
LEASING OF MOTOR VEHICLES
Scope of subpart.
1808.602
1808.604
SUBPART
1808.705
1808.705-1
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PART 1808
REQUIRED SOURCES OF SUPPLIES AND SERVICES
1808.003 Use of other mandatory sources.
1808.003-70 Acquisition of radioisotopes.
(a) U.S. Department of Energy Isotope and Technical Service Order Form CA-1090.COM, and U.S. Nuclear Regulatory Commission Application for Material License, NRC
Form 313, shall be used to acquire radioisotopes.
(b) NRC Form 313 shall be filed with the Chief, Radioisotopes Licensing Branch,
Division of Fuel Cycle and Material Safety, United States Nuclear Regulatory Commission,
Washington, DC 20555. If the application meets all regulatory requirements and applicable
standards, the Radioisotopes Licensing Branch, Nuclear Regulatory Commission, will issue a
license to the applicant. After receipt of the license, a completed DOE Form CA-10-90.COM (in
duplicate, if the contracting office wants an accepted copy of the form back from the supplier),
the license, and a Government bill of lading shall be sent to the appropriate DOE laboratory. If a
bill of lading is not furnished, shipment shall be made collect on a commercial bill of lading, to
be converted at destination.
(c) NRC Form 313 and DOE Form CA-10-90.COM may be requisitioned directly from
the United States Nuclear Regulatory Commission, Attn: Radioisotopes Licensing Branch,
Division of Fuel Cycle and Material Safety, Washington, DC 20555.
(d) Isotope program guidance is available from DOE.
1808.003-71 Acquisition of helium, hydrogen, nitrogen, oxygen, other propellants and
aerospace fluids.
See Appendix A, A-102.1 for policy related to the acquisition of helium, hydrogen, nitrogen,
oxygen, other propellants and aerospace fluids.
[PN 19-12]
1808.003-72 NASA Strategic Sourcing Initiative.
[PN 18-04]
1808.003-7201 Policy.
Requiring offices and contracting officers shall follow the guidance at 1808.004 and
Governmentwide commercial purchase cardholders shall follow the guidance at 1813.301 to
make use of the existing NASA contracts that are available for use by other Centers to satisfy
requirements for supplies and services. The use of NASA contracts that are available for use by
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other Centers allows NASA to obtain favorable terms and pricing for supplies and services as
described in the Office of Procurement Strategic Sourcing Website.
[PN 18-04]
1808.003-7202 Purchase request.
Prior to submitting a purchase request, the requiring activity shall review the existing NASA
contracts that available for use by other Centers as identified on the Office of Procurement
Strategic Sourcing Searchable Repository to determine if the requirement is available through the
NASA Strategic Sourcing Initiative.
[PN 18-04]
1808.003-73 Acquisition of mercury.
(a) Requests for mercury by NASA installations for their use or for use by their costreimbursement type contractors shall be made to the Mercury Contract Specialist, Directorate of
Stockpile Contracts, DLA, Defense National Stockpile Center, 8725 John J. Kingman Rd.,
#3339, Ft. Belvoir, VA 22060-6223. DLA will furnish the current fair market value to NASA.
The unit of issue is a 76-pound flask.
(b) Requests for clearance to purchase quantities of 76 pounds or more from sources
other than DLA shall be submitted to the office in paragraph (a) of this section and must be
accompanied by a statement of reasons why the available excess mercury is unsuitable for use by
the requesting field installation.
1808.004 Use of other sources.
See PIC 18-01I for further guidance.
(a)(1)(A) For requirements for supplies or services that cannot be satisfied from the
mandatory sources listed at FAR 8.002 and 8.003, contracting officers shall follow the below
order of preference in order to obtain favorable terms and pricing for supplies and services, and
support achievement of NASA’s small business and strategic sourcing goals:
(1) The enterprise procurement strategies identified in Appendix A.
(2) Existing NASA contracts identified as available for use by other Centers on
the NASA Office of Procurement Strategic Sourcing Searchable Repository.
(3) Best in Class (BIC) solutions. BICs can be identified using the Best-in-Class
Research Tool.
(4) Multi-agency contracts, Government-wide Acquisition Contracts (GWACs) or
Federal Supply Schedules. Multi-agency contracts and GWACs can be identified using the
Solutions Finder. For schedules, visit the GSA eLibrary or list of schedule offerings.
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open market.
(5) Commercial sources (including educational and non-profit institutions) in the
(B) For situations (e.g., immediacy of need, availability of better pricing
elsewhere, etc.) that do not warrant the use of the contracts designated as mandatory by the
enterprise strategies in Appendix A for satisfying requirements within the scope of those
contracts, the contracting officer shall prepare and submit a request for deviation for approval by
the Senior Procurement Executive in accordance with 1801.471.
[PN 18-04, PN 19-12, PN 20-07]
Subpart 1808.1—Excess Personal Property
1808.103 Information on available excess personal property.
In addition to the sources identified in FAR 8.103, information on availability of NASA excess
property is maintained by the Installation Property Disposal Officer and the NASA Equipment
Management System (NEMS) Coordinator.
Subpart 1808.4—Federal Supply Schedules
See PCD 14-01 for further guidance related to FAR 8.404.
1808.404 Use of Federal Supply.
(h)(3)(ii)(A) The contracting officer shall use the Time and Materials and Labor Hour
Contract/Order Determination and Findings template.
1808.405 Ordering Procedures for Federal Supply Schedules.
1808.405-3 Blanket purchase agreements (BPAs)
(a)(3)(ii) The authority to make the determination to award a single-award BPA with an
estimated value exceeding $100 million, is delegated to the Senior Procurement Executive.
Requests for approval of this determination shall be submitted through the cognizant
Headquarters Office of Procurement, procurement portfolio manager.
(c) The limitations in 1813.303-3(a)(4) on the individuals authorized to purchase under a
BPA apply to BPAs established under Federal Supply Schedule contracts.
1808.405-6 Limiting sources.
(c)(1) The contracting officer shall use the Limited Sources Justification (LSJ) General
Services Administration (GSA) Federal Supply Schedule (FSS) template to document the file for
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proposed orders or BPAs estimated to exceed the simplified acquisition threshold based on a
limited sources justification or restricting consideration to an item peculiar to one manufacturer.
Subpart 1808.6—Acquisition from Federal Prison Industries, Inc.
1808.602 Policy.
(d) When disputes occur, the contracting officer shall refer the matter to the Senior
Procurement Executive, through the cognizant procurement portfolio manager, Headquarters
Office of Procurement, for review and any further action. Such referrals shall include a complete
statement of the attempts made to resolve the matter.
1808.604 Waivers.
(a) NASA purchase orders or contracts written pursuant to a general or blanket waiver
need not be supported by a copy of the waiver, but the waiver number must be cited on the
purchase order or contract as well as on the initial voucher. A copy of the waiver certificate
must be attached to the initial voucher.
Subpart 1808.7—Acquisition from Nonprofit Agencies Employing
People Who are Blind or Severely Disabled
1808.705 Procedures.
1808.705-1 General.
The Federal Standard Requisitioning and Issue Procedure (FEDSTRIP) shall be used to obtain
nonprofit agency-produced supplies from GSA supply distribution facilities. The FEDSTRIP
Operating Guide is available here.
(c) The potential use of AbilityOne shall be considered during the market research phase
of acquisition planning. Contracting Officers shall initiate coordination with AbilityOne, as early
as possible. Where indicated in Appendix A, use of AbilityOne is an allowable exception to the
enterprise procurement strategies detailed therein.
(d) For the AbilityOne service requirements, listed by North American Industry
Classification System (NAICS), located at AbilityOne Product and Services the contracting
officer shall perform the following steps:
(i) Contact the AbilityOne Program at [email protected] to
discuss the feasibility of adding the requirement to the Procurement List in accordance with FAR
8.705-3. In the correspondence include a completed version of the AbilityOne Coordination
Template.
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(ii) 41 CFR § 51-2.4 prohibits transitioning requirements to AbilityOne
if the transition would cause a severe adverse impact to the incumbent contractor(s).
Accordingly, an AbilityOne Certified Nonprofit Agency (CNA) will perform a preliminary
impact assessment to determine if the requirement can be transitioned to AbilityOne without
severe adverse impact.
(iii) If a requirement is determined not suitable for AbilityOne due to
severe adverse impact or the comprehensive nature of the requirement (i.e., AbilityOne can only
perform a portion of the requirement), contracting officers shall consider including AbilityOne
subcontracting goals in the resultant solicitation for the requirement.
(iv) If the preliminary impact assessment indicates AbilityOne can
perform the requirement and transitioning it would not cause severe adverse impact to the
incumbent, the CNA will coordinate a formal capability presentation to NASA. If requested, the
CNA can also coordinate a capability presentation(s) by one or more NPAs. The contracting
officer shall ensure appropriate representatives from the Center Office of Procurement and the
requiring/technical activity, as well as the NASA AbilityOne Representative (ABOR), are
invited to attend. At the capability presentation, the CNA or NPA(s) will present its
understanding of the technical requirements and demonstrated past success in meeting the
specific requirements of the type to be performed under the contemplated contract on schedule.
(v) If the capability presentation successfully demonstrates that
AbilityOne can perform the requirement, the contracting officer shall provide a solicitation/draft
contract and negotiate price and other terms and conditions with the NPA and the CNA.
Following agreement on a fair market price/cost, the CNA shall coordinate addition of the
requirement to the Procurement List (PL) by the AbilityOne Commission. The contracting
officer may proceed with contract award upon confirmation of the PL addition from the CNA.
[PN 21-06]
Subpart 1808.8—Acquisition of Printing and Related Supplies
1808.802 Policy.
(b)(i) The Headquarters Chief Information Officer is the NASA central printing
authority.
(ii) Requests for approval to contract for printing supplies or services shall be
addressed to the Office of Chief Information Officer. Approval to contract for such supplies or
services is restricted to those requirements meeting the following conditions:
(A) An individual order is under $1,000.
(B) The order is not of a continuing or repetitive nature.
(C) The Public Printer certifies it cannot be provided more economically
through the GPO.
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1808.870 Contract clause.
The contracting officer shall insert the clause at 1852.208-81, Restrictions on Printing and
Duplicating, in solicitations and contracts where there is a requirement for any printing, and/or
any duplicating/copying in excess of that described in paragraph (c) of the clause.
Subpart 1808.11—Leasing of Motor Vehicles
1808.1100 Scope of subpart.
NASA procedures for leasing motor vehicles from GSA or commercial sources are contained in
NPD 6000.1, Transportation Management.
2015 EDITION (Thru PN 23-04)
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NASA Federal Acquisition Regulation Supplement
Part 1809—Contractor Qualifications
PART 1809
CONTRACTOR QUALIFICATIONS
TABLE OF CONTENTS
SUBPART
1809.104-4
1809.105-1
1809.105-2
1809.106
1809.106-1
1809.106-2
1809.106-3
1809.106-70
1809.1
RESPONSIBLE PROSPECTIVE CONTRACTORS
Subcontract responsibility.
Obtaining Information.
Determinations and documentation.
Preaward surveys.
Conditions for preaward surveys.
Requests for preaward surveys.
Interagency preaward surveys.
Preaward surveys performed by NASA installations.
SUBPART
1809.202
1809.203
1809.203-70
1809.206
1809.206-1
1809.2
QUALIFICATIONS REQUIREMENTS
Policy.
QPL's, QML's, and QBL's.
Waiver of qualification requirements.
Acquisitions subject to qualification requirements.
General.
SUBPART
1809.403
1809.404
1809.405
1809.405-1
1809.405-2
1809.406
1809.406-1
1809.406-3
1809.407
1809.407-1
1809.407-3
1809.408
1809.4
DEBARMENT, SUSPENSION, AND INELIGIBILITY
Definitions.
Excluded Parties List Systems.
Effect of listing.
Continuation of current contracts.
Restrictions on subcontracting.
Debarment.
General.
Procedures.
Suspension.
General.
Procedures.
Certification regarding debarment, suspension, proposed debarment,
and other responsibility matters.
Contents of reports.
1809.5
ORGANIZATIONAL AND CONSULTANT CONFLICTS
OF INTEREST
Scope of subpart.
Waiver.
Obtaining access to sensitive information.
1809.470-2
SUBPART
1809.500
1809.503
1809.505-4
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1809.506
1809.507
1809.507-2
Procedures.
Solicitation provisions and contract clause.
Contract clause.
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PART 1809
CONTRACTOR QUALIFICATIONS
Subpart 1809.1—Responsible Prospective Contractors
1809.104-4 Subcontractor responsibility.
Generally, the Canadian Commercial Corporation's (CCC) proposal of a firm as its subcontractor is
sufficient basis for an affirmative determination of responsibility. However, when the CCC
determination of responsibility is not consistent with other information available to the contracting
office, the contracting officer shall request from the CCC and any other sources whatever
information is necessary to make the responsibility determination.
Upon request, CCC shall be furnished the rationale for any subsequent determination of
nonresponsibility.
1809.105-1 Obtaining Information.
(b)(3)(A) NASA’s most significant contracts for design and development programs and
projects, with a lifecycle cost of $500 million or more, or otherwise designated by the NASA
Associate Administrator, require a financial capability assessment prior to award. The financial
capability assessment will be conducted by the NASA Headquarters Office of the Chief
Financial Officer (HQ OCFO) and provided to the contracting officer for consideration as part of
the responsibility determination required by FAR 9.104. Contracting officers shall not make
award until the financial capability assessment is completed and considered as part of the
responsibility determination.
(B) Proposal Instructions. For solicitations related to a significant contract for
design and development programs and projects, with a lifecycle cost of $500 million or more, or
otherwise designated by the NASA Associate Administrator, contracting officers shall include
the Financial Capability Assessment requirements statement at Appendix C, Data Requirements
Descriptions and Requirement Statements in the solicitation.
(C) Upon release of a solicitation for a significant contract for design and
development programs and projects, with a lifecycle cost of $500 million or more, or that has
been otherwise designated by the NASA Associate Administrator, the contracting officer shall
provide the following information to the HQ OCFO Financial Capability Assessment Team:
(1) Solicitation number,
(2) Solicitation name,
(3) Brief description of the work to be performed under the contract,
(4) The estimated value of the contract,
(5) The anticipated number of proposals expected to be received, and
(6) The proposal due date.
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(D) Upon receipt of the proposals, the contracting officer shall provide the HQ
OCFO Financial Capability Assessment Team with a list of the offerors and the financial
assessment information provided by each offeror.
[PN 20-05, PN 22-04]
1809.105-2 Determinations and documentation.
(a) The contracting officer shall provide written notification to a prospective contractor
determined not responsible, which includes the basis for the determination. Notification provides
the prospective contractor with the opportunity to take corrective action prior to future solicitations.
1809.106 Preaward surveys.
1809.106-1 Conditions for preaward surveys.
(a) The procurement officer shall approve all preaward survey requests.
1809.106-2 Requests for preaward surveys.
(a) The "Walsh-Healey Public Contracts Act" block of Section I is for information purposes
only. If information is needed for a determination on the offeror's eligibility under the WalshHealey Act, it must be specifically requested in block 20.H. of Section III.
1809.106-3 Interagency preaward surveys.
If the survey will be performed for NASA by a DOD contract administration office, the SF 1403
request is to be sent to the appropriate office shown in the Federal Directory of Contract
Administration Services Components, 2.0, Attn: Preaward Survey Manager. The DOD contract
administration offices normally allow 30 working days in which to conduct a full survey and submit
the report to the requesting agency. Allow more time for—
(i) Complex items;
(ii) New or inexperienced contractors; and
(iii) Surveys with time-consuming requirements, e.g., secondary survey,
accounting system review, financial capability analysis, or purchasing office participation.
Only request those factors essential to the determination of responsibility. See FAR 53.209-1
and DFARS 253.209-1(a) for detailed explanation of the factors in Section III, Blocks 19 and 20
of the SF 1403.
1809.106-70 Preaward surveys performed by NASA personnel.
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.
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Subpart 1809.2—Qualifications Requirements
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 to proceed with the procurement 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 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.
(c) If an offeror seeks to demonstrate its capability, both the product and the producer must
meet the established standards.
Subpart 1809.4—Debarment, Suspension, and Ineligibility
1809.403 Definitions.
For purposes of FAR subpart 9.4 and this subpart, the Deputy General Counsel is the “debarring
official,” the “suspending official,” and the agency head's “designee.”
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1809.404 Excluded Parties List Systems.
(c) The Director, Headquarters Acquisition Integrity Program (AIP Director) is responsible
for taking the actions listed in FAR 9.404(c).
1809.405 Effect of listing.
(a) The NASA Chief Acquisition Officer (CAO) is the NASA official responsible for
determining that a compelling reason exists for NASA to conduct business with a contractor that is
debarred, suspended, or proposed for debarment. If it is believed that a new contract or subcontract
must be awarded to a firm included in the Excluded Parties List System (EPLS), the procurement
officer shall prepare a request for a determination, including the rationale for why the action should
be taken, together with all necessary supporting information and forward it to the Headquarters
Office of Procurement, Procurement Strategic Operations Division, and provide a copy to the AIP
Director.
(b) The Headquarters Office of Procurement, Procurement Strategic Operations Division is
responsible for evaluating the request and coordinating with Procurement, OGC (both AIP and
Contracts Procurement Practice Group (CPPG)), to jointly determine whether the facts support a
recommendation for the CAO to approve award to a party on the EPLS. Procurement Operations
Division is also responsible for preparing the headquarters documentation and providing it to the
CAO for approval.
1809.405-1 Continuation of current contracts.
The responsibilities of the Agency head under FAR 9.405-1 are delegated to the CAO. Approvals
shall be requested in accordance with the procedures in 1809.405.
1809.405-2 Restrictions on subcontracting.
(a) The responsibilities of the Agency head under FAR 9.405-2(a) are delegated to the
CAO. Approval of consent to subcontract shall be requested in accordance with the procedures in
1809.405.
1809.406 Debarment.
1809.406-1 General.
1809.406-3 Procedures.
See PCD 20-01 for further guidance related to FAR 9.406-3.
(a) Any person may refer a matter to the Suspending and Debarring official (SDO) when
there is information indicating that a contractor may lack business integrity or business honesty.
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The information should be referred promptly to the SDO, through the AIP Director, for
consideration. The referral should contain the information which supports a lack of business
integrity or business honesty.
(1) Use the following format when referring a matter to the SDO for
consideration. To the extent practicable, provide all specified information.
(A) Name, address and telephone number of the point of contact for the
activity making the report.
(B) Name, contractor and Government entity (CAGE) code, DUNS
number, and address of the contractor.
(C) Name and addresses of the members of the board, principal officers,
partners, owners, and managers.
(D) Name and addresses of all known affiliates, subsidiaries, or parent
firms, and the nature of the business relationship.
(E) For each contract affected by the conduct being reported—
(i) The contract number;
(ii) All office identifying numbers or symbols;
(iii) Description of supplies or services;
(iv) The amount;
(v) The percentage of completion;
(vi) The amount paid the contractor and any amounts due;
(vii) Status of invoices or vouchers;
(viii) Whether the contract is assigned under the Assignment of
Claims Act and, if so, to whom; and
(ix) The contract fund citations involved, to expedite accurate
return of funds to open accounts and commands, as appropriate.
(F) For any other contracts with the contractor or any of its affiliates—
(i) The contract number;
(ii) The amount;
(iii) The amounts paid the contractor;
(iv) Whether the contract is assigned under the Assignment of
Claims Act and, if so, to whom; and
(v) The amount due the contractor.
(G) A complete summary of the facts, including all pertinent evidence
and the status of any legal proceedings involving the contractor.
(H) An estimate of any damages sustained by the Government as a result
of the contractor's action (explain how the estimate was calculated).
(I) If a contracting office initiates the report, the comments and
recommendations of the contracting officer and of each higher-level contracting review authority
regarding—
(i) Whether to suspend or debar the contractor;
(ii) Whether to apply limitations to the suspension or debarment;
(iii) The period of any recommended debarment; and
(iv) Whether to continue any current contracts with the contractor
(or explain why a recommendation regarding current contracts is not included).
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investigative agency;
actions;
(J) When appropriate, as an enclosure to the report—
(i) A copy or pertinent extracts of each pertinent contract;
(ii) Witness statements or affidavits;
(iii) Copies of investigative reports when authorized by the
(iv) Certified copies of indictments, judgments, and sentencing
(v) A copy of any available determinations of nonresponsibility in
accordance with FAR 9.105-2(a)(1);
(vi) A copy of the information from the Federal Awardee
Performance and Integrity Information System (FAPIIS) data base; and
(vii) Any other appropriate exhibits or documentation.
(K) To the extent that information is available through FPDS-NG, provide
a list of other agencies that hold current contracts with the subjects.
(L) The Contracting Officer is responsible for gathering the information
required and preparing the report.
(M) The AIP Center Attorney (AIP-C) is responsible for assisting the
contracting officer in preparing the report and performing a legal sufficiency review. The AIP-C
shall sign the report indicating that the review has been performed.
(N) The report shall be signed by the Contracting Officer and submitted
by the procurement officer. Procurement officers are encouraged to advise the Center Director,
as appropriate, of debarment recommendations provided to the SDO.
(O) Address the recommendation to the SDO, indicating OGC (AIP) on
the ‘Attention’ line, and send 2 copies of the complete report, including enclosures to OGC
(AIP). One copy of the recommendation, without enclosures, should be provided to the
Headquarters Office of Procurement, Procurement Management & Policy Division.
(P) If a referral lacks sufficient evidence of a cause for debarment, the
SDO may initiate a review or investigation, as appropriate, by reporting the referral to the
appropriate Government entity, e.g., contracting activity, inspector general, or criminal
investigative agency.
(b) Decision-making process.
(1) The agency SDO may initiate the debarment process by issuing a notice of
proposed debarment in accordance with FAR 9.406-3(c) when the SDO finds that the
administrative record contains sufficient evidence of one or more of the causes for debarment
stated in FAR 9.406-2 .
(i) The absence of a referral in accordance with 1809.406-3(a), or the
absence of any information specified in the report format at 1809.406-3(a)(1), will not preclude
the SDO from making such a finding.
(ii) The signature of the SDO on the notice of proposed debarment is
sufficient evidence that the SDO has made such a finding.
(2) The SDO must use the decision-making process stated in FAR 9.406-3(b),
and any agency-specific procedures that were provided to the contractor in advance of the
decision.
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(3) Nature of proceeding. There are two distinct proceedings which may be involved
in the suspension or debarment process. The first is the presentation of matters in opposition to the
suspension or proposed debarment by the contractor. The second is fact-finding which occurs only in
cases in which the contractor’s presentation of matters in opposition raises a genuine dispute over one
or more material facts. In a suspension action based upon an indictment or in a proposed debarment
action based upon a conviction or civil judgment, there will be no fact-finding proceeding concerning
the matters alleged in the indictment, or the facts underlying the convictions or civil judgment.
However, to the extent that the proposed action stems from the contractor’s affiliation with an
individual or firm indicted or convicted, or the subject of a civil judgment, fact-finding is permitted if
a genuine dispute of fact is raised as to the question of affiliation as defined in FAR 9.403.
(4) Presentation of matters in opposition. In accordance with FAR 9.406-3(c) and
9.407-3(c), matters in opposition may be presented in person, in writing, or through a representative.
Matters in opposition may be presented through any combination of the foregoing methods, but if a
contractor desires to present matters in person or through a representative, any written material should
be delivered at least 5 working days in advance of the presentation. Usually, all matters in opposition
are presented in a single proceeding. A contractor who becomes aware of a pending indictment or
allegations of wrongdoing that the contractor believes may lead to suspension or debarment action
may contact the SDO or designee to provide information as to the contractor’s present responsibility.
(i) An in-person presentation is an informal meeting, nonadversarial in nature.
The SDO and/or other Agency representatives may ask questions of the contractor or its representative
making the presentation. The contractor may select the individuals who will attend the meeting on the
SDO and contractor’s behalf; individual respondents or principals of a business firm respondent may
attend and speak for themselves.
(ii) In accordance with FAR 9.406-3(c) and 9.407-3(c), the contractor may
submit matters in opposition within 30 days from receipt of the notice of suspension or proposed
debarment.
(iii) The opportunity to present matters in opposition to debarment includes
the opportunity to present matters concerning the duration of the debarment.
(5) Fact-finding.
(i) The SDO will determine whether the contractor’s presentation has raised a
genuine dispute of material fact(s). If the SDO has decided against continued suspension or
debarment, or the provisions of FAR 9.4 preclude fact-finding, no fact-finding will be conducted. If
the SDO has determined a genuine dispute of material fact(s) exists, a designated fact-finder will
conduct the fact-finding proceeding. The proceeding before the fact-finder will be limited to a finding
of the facts in dispute as determined by the SDO.
(ii) The designated fact-finder will establish the date for a fact-finding
proceeding, normally to be held within 45 working days of the contractor’s presentation of matters in
opposition. An official record will be made of the fact-finding proceeding.
(iii) The Government’s representative and the contractor will have an
opportunity to present evidence relevant to the facts at issue. The contractor may appear in person or
through a representative in the fact-finding proceeding.
(iv) Neither the Federal Rules of Evidence nor the Federal Rules of Civil
Procedure govern fact-finding. Hearsay evidence may be presented and will be given appropriate
weight by the fact-finder.
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(v) Witnesses may testify in person. Witnesses will be reminded of the
official nature of the proceeding and that any false testimony given is subject to criminal prosecution.
Witnesses are subject to cross-examination.
(6) Timing requirements. All timing requirements set forth in these procedures may
be extended by the SDO for good cause.
(c) Notice of Proposal to Debar.
(1) Notification. Contractors will be notified of the proposed suspension or
debarment in accordance with FAR 9.406-3 or 9.407-3. A copy of the record which formed the basis
for the decision by the SDO will be made available to the contractor. If there is a reason to withhold
from the contractor any portion of the record, the contractor will be informed of what is withheld and
the reasons for such withholding.
(2) Written findings of fact will be prepared by the fact-finder as mandated by FAR
9.406-3(d)(2)(i) and 9.407-3(d)(2)(i).
(3) The fact-finder will determine the disputed fact(s) by a preponderance of the
evidence. A copy of the findings of fact will be provided to the SDO, the Government’s
representative, and the contractor.
(4) The SDO will determine whether to continue the suspension or to debar the
contractor based upon the entire administrative record, including the findings of fact.
(5) Prompt written notice of the SDO’s decision will be sent to the contractor and any
affiliates involved, in compliance with FAR 9.406-3(e) and 9.407-3(d)(4).
1809.407 Suspension.
1809.407-1 General.
1809.407-3 Procedures.
See PCD 20-01 for further guidance related to FAR 9.407-3.
(a) Any person may refer a matter to the SDO. Refer all matters appropriate for
consideration by the SDO as soon as practicable. Use the format and procedures at 1809.4063(a)(1) when referring a matter to the agency SDO for consideration. To the extent practicable,
provide all information specified.
(i) If a referral lacks sufficient evidence of a cause for suspension, the SDO may
initiate a review or investigation, as appropriate, by reporting the referral to the appropriate
Government entity, e.g., contracting activity, inspector general, or criminal investigative agency.
(b) Decision-making process.
(1) The agency SDO may initiate the suspension process by issuing a notice of
suspension in accordance with FAR 9.407-3(c) when the SDO finds that the administrative
record contains sufficient evidence of one or more of the causes for suspension stated in FAR
9.407-2. The SDO should coordinate with appropriate agency offices to assess the impact of
suspension or debarment on agency mission.
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(i) The absence of a referral in accordance with 1809.407-3(a), or the
absence of any information specified in the report format at 1809.406-3(a)(1), will not preclude
the SDO from making such a finding.
(ii) The signature of the SDO on the notice of suspension is sufficient
evidence that the SDO has made such a finding.
(2) In deciding whether to terminate a suspension following a submission of
matters in opposition, the agency SDO must use the decision-making process stated in FAR
9.407-3(b),and any agency-specific procedures that were provided to the contractor in advance of
the decision.
(3) The SDO shall follow the procedures in 1809.406-3(b) and 1809.406-3(c).
1809.408 Certification regarding debarment, suspension, proposed debarment, and other
responsibility matters.
(a)(2)(A) If the offeror indicates that it currently is or has been indicted, charged,
convicted, or had a civil judgment rendered against it, or has been suspended, proposed for
debarment, or has entered into an administrative agreement to resolve a suspension or debarment
proceeding, or when information in FAPIIS indicates cause for concern, the contracting officer shall
immediately notify the Director, Headquarters Acquisition Integrity Program, with a copy to the
Headquarters Office of Procurement, Procurement Strategic Operations Division, providing details
as known. Information provided should include—
(i) Copy of the offeror’s certification;
(ii) Specific company name or division;
(iii) Purpose of the pending acquisition;
(iv) Description of services; and
(v) Extent of competition on the pending procurement.
The contracting officer shall await a response before awarding the contract. The Headquarters
Office of Procurement, Procurement Strategic Operations Division is responsible for working with
the contracting officer to ensure that the package is complete.
(B) If the offeror discloses information that indicates a need for a debarment
or suspension determination, the contracting officer shall report the facts to the Director,
Headquarters Acquisition Integrity Program, with a copy to the Headquarters Office of
Procurement, Procurement Strategic Operations Division, in accordance with 1809.406-3 and
1809.407-3.
1809.470-2 Contents of reports.
Each report shall be coordinated with local counsel and shall include substantially the following
information, if available:
(a) Name and address of the contractor.
(b) Names of the principal officers, partners, owners, or managers.
(c) All known affiliates, subsidiaries, or parent firms, and the nature of the affiliation.
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(d) A description of the contract or contracts concerned, including the contract number and
office identifying numbers or symbols, the amount of each contract, the amounts paid the contractor
and still due, and the percentage of work completed and to be completed.
(e) The status of vouchers.
(f) Whether the contract has been assigned pursuant to the Assignment of Claims Act, and,
if so, the name and address of the assignee and a copy of the assignment.
(g) Whether any other contracts are outstanding with the contractor or any affiliates, and, if
so, their amount, whether they are assigned pursuant to the Assignment of Claims Act, and the
amounts paid or due on them.
(h) A complete summary of all pertinent evidence. If a request for debarment or suspension
is based on an indictment or a conviction, provide the evidence upon which the indictment or
conviction is based.
(i) An estimate of any damages, sustained by the Government as a result of the contractor's
action, including an explanation of the method used in making the estimate.
(j) Recommendation as to (1) whether the contractor should be suspended or debarred, (2)
whether any limitations should be applied to such action, (3) whether current contracts should be
terminated, and (4) the period of any debarment.
(k) As an enclosure, a copy of the contract(s) or pertinent excerpts, appropriate exhibits,
testimony or statements of witnesses, copies of assignments, and other relevant documentation.
Subpart 1809.5—Organizational and Consultant Conflicts of Interest
1809.500 Scope of subpart.
(a) The Assistant Administrator for Procurement has authorized the procurement officer to
take those actions reserved in FAR Subpart 9.5 for the head of the contracting activity. However,
see 1809.503 regarding waivers.
(b) The NASA Organizational Conflict of Interest (OCI) Guide provides agency-wide
guidance to individuals relative to identifying as well as resolving OCIs.
1809.503 Waiver.
The Administrator has designated the Senior Procurement Executive as the approval authority for
waivers under FAR 9.503. The procurement officer shall forward requests for waivers under FAR
9.503 through the Office of Procurement, Strategic Operations Division to the Senior Procurement
Executive for action.
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1809.505-4 Obtaining access to sensitive information.
(b) In accordance with FAR 9.503, the Assistant Administrator for Procurement has
determined that it would not be in the Government’s interests for NASA to comply strictly with
FAR 9.505-4(b) when acquiring services to support management activities and administrative
functions. The Assistant Administrator for Procurement has, therefore, waived the requirement
that before gaining access to other companies’ proprietary or sensitive (see 1837.203-70)
information contractors must enter specific agreements with each of those other companies to
protect their information from unauthorized use or disclosure. Accordingly, NASA will not
require contractors and subcontractors and their employees in procurements that support
management activities and administrative functions to enter into separate, interrelated third party
agreements to protect sensitive information from unauthorized use or disclosure. As an alternative
to numerous, separate third party agreements, 1837.203-70 prescribes detailed policy and
procedures to protect contractors from unauthorized use or disclosure of their sensitive
information. Nothing in this section waives the requirements of FAR 37.204 and 1837.204.
1809.506 Procedures.
(b) Contracting Officers shall use the agency-wide Organizational Conflicts of Interest –
Limitation of Future Contracting Memo template when taking the actions described in FAR
9.506(b). The approving official is the procurement officer when the installation has source
selection authority and the Senior Procurement Executive when NASA Headquarters has that
authority. The procurement officer shall forward request for approval by the Senior Procurement
Executive to the Office of Procurement, Strategic Operations Division.
(d)(2) When requesting an organizational conflicts of interest (OCI) plan from prospective
contractors, contracting officers shall include the agency-wide OCI plan data requirements
description (see Appendix C – Data Requirements Descriptions and Requirements Statements) in
solicitations and contracts. Contracting officers shall use the agency-wide OCI Determination
Memorandum and Checklist template when considering additional information provided by
prospective contractors.
[PN 21-05]
1809.507 Solicitation provisions and contract clause.
1809.507-2 Contract clause.
The contracting officer may insert a clause substantially the same as the clause at 1852.209-71,
Limitation of Future Contracting, in solicitations and contracts.
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Part 1810—Market Research
PART 1810
MARKET RESEARCH
TABLE OF CONTENTS
1810.002
Procedures.
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PART 1810
MARKET RESEARCH
1810.002 Procedures.
(e) For procurements exceeding the simplified acquisition threshold (SAT), the contracting
officer shall document the results of their market research utilizing NASA Form (NF) 1787A. For
procurements under the SAT, use of the NF 1787A is optional for documenting the results of
market research.
[PN 22-05]
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Part 1811—Describing Agency Needs
PART 1811
DESCRIBING AGENCY NEEDS
TABLE OF CONTENTS
1811.002
SUBPART
Policy.
1811.1
SELECTING AND DEVELOPING REQUIREMENTS
DOCUMENTS
Order of precedence for requirements documents.
Procedures.
Standardization program.
Solicitation provisions.
SUBPART
1811.403
1811.403-70
1811.404
1811.404-70
1811.4
DELIVERY OR PERFORMANCE SCHEDULES
Supplies or services.
Packaging, handling, and transportation
Contract clauses.
NASA contract clauses.
SUBPART
1811.501
1811.5
LIQUIDATED DAMAGES
Policy.
SUBPART
1811.600
1811.602
1811.603
1811.6
PRIORITIES AND ALLOCATIONS
Scope of subpart.
General.
Procedures.
1811.101
1811.101-70
1811.102
1811.107
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DESCRIBING AGENCY NEEDS
1811.002 Policy.
(a)(2) The Requirements Development Team (RDT) plays a critical role in setting the
course for the acquisition. The RDT is responsible for completing key milestones to advance the
acquisition from benchmarking to completion of a complete requirements package. The RDT will
also work together with the Center procurement office and/or Source Evaluation Board (SEB) to
prepare the procurement strategy and finalize other required documentation supporting the
acquisition.
(3) The Agency-wide Requirements Development Team Request & Appointment Letters
template shall be used for the formal appointment of the RDT, for new acquisitions and recompetes, with estimated values of $50 million or more. The use of these templates is optional for
other acquisitions.
(b) Implementation of the Metric Conversion Act of 1975, as amended, must be in
accordance with NPD 7120.4, NASA Engineering and Program/Project Management Policy.
(g)(1) When acquiring information technology items capable of using Internet Protocol
to communicate, the requirement for Internet Protocol Version Six (IPv6) compliance shall be
documented by the requiring activity on NASA Form (NF) 1707, Special Approvals and
Affirmations for Requisitions. If the requiring activity plans to purchase a networked IT product,
the following three attachments shall accompany the NF 1707:
(i) Specification of IPv6 requirements for the item to be purchased.
(ii) Suppliers Declaration of Conformity (SDoC), a legal document that
specifies and certifies the product’s IPv6 capabilities.
(iii) Analysis between the requirements and the IPv6 requirements and the
product’s capabilities as captured on an SDoC.
(2) Requestors shall provide the IPv6 Compliance Procurement Waiver (NF
1835) for any items that have no IPv6 capabilities. For purchases that are less than $100K,
signature approval authority for NF 1835 has been delegated to Center CIOs. Purchases of
$100K or greater for items that have no IPv6 capabilities will require Agency CIO approval.
(i) For Space Flight and Ground Support Programs and Projects, the Program or Project
Technical Authority(ies) (See NPR 7120.5) must certify that the Technical Standards and
Specifications cited in any solicitation or award are: 1) the most recent version, 2) tailored to the
needs of the project and its elements, and 3) registered with the NASA Technical Standards
System. Exceptions must be approved by the Technical Authorities, and attached hereto. Program
or Project Authority certifications may be obtained and documented through the procurement
request process using NF 1707 (See 1804.7301).
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(j) For procurements which include Space Communications and Navigation (SCaN)
capabilities, the Program or Project Technical Authorities (See NPD 8074) must certify that the
requirement has been coordinated with the SCaN Office in the Space Operations Mission
Directorate (SOMD). Program or Project Authority certifications may be obtained and
documented through the procurement request process using NF 1707 (See 1804.7301).
(k) Contracting officers shall include all applicable data requirements descriptions and
requirement statements in solicitations and contracts (see Appendix C – Data Requirements
Descriptions and Requirements Statements).
[PN 21-02, PN 21-05]
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 8530.1, “Sustainable Acquisition.” 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, “NASA Energy Management Program.”
1811.101-70 Procedures.
(a) Contracting officers may rely on the requiring activity’s declaration on the NF 1707
to determine the applicability of IPv6 requirements to its acquisition. When the NF 1707 and the
requirements documents provided by the requiring activity establish the applicability of IPv6 in
accordance with FAR 11.002, the contracting officer shall—
(1) Include a contract requirements statement in solicitations that specifically
states that products and services that use the Internet Protocol provide full feature functionality in
both dual stack (IPv4 and IPv6) and IPv6-only environments in compliance with the NIST
USGv6 Testing Program. See Special Publication 500-267, A Profile for IPv6 in the U.S.
Government – Version 1.0. The IPv6 requirements statement shall be substantially the same as
the statement provided in NASA’s contracting writing system Section C templates; and
(2) Include instructions in solicitations that require offerors to notify the
contracting officer of any contract specifications that do not comply with providing full feature
functionality for IPv6.
1811.102 Standardization program.
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See the Office of Procurement Strategic Sourcing Website for additional guidance on
standardization of requirements.
[PN 18-04]
1811.107 Solicitation provisions.
(b) NASA uses the categorical method to report its use of voluntary consensus standards.
Therefore, use of the provisions at FAR 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 6000.1, "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 and 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.
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(d) The procurement officer must forward recommendations concerning remission of
liquidated damages to the Headquarters Office of Procurement, Procurement Strategic Operations
Division.
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
https://www.gpo.gov/fdsys/pkg/CFR-2012-title15-vol2/xml/CFR-2012-title15-vol2-part700.xml.
1811.602 General.
(c) The Department of Defense is the "Delegate Agency" for NASA. The Headquarters
Office of Procurement, Procurement Management & Policy Division, must coordinate with DOD,
as necessary, to ensure that any DOD requirements are met.
1811.603 Procedures.
(d) The Senior Procurement Executive is responsible for ensuring compliance with DPAS.
(e)(i) Rated orders may be used by NASA only as provided in Section 700.17 of the DPAS
(15 CFR 700.17) and subject to the limitations provided in Section 700.18 of the DPAS (15 CFR
700.18). Priority ratings are assigned on individual contracts and purchase orders by the
contracting officer.
(ii) NASA rated orders may only be assigned a DO rating, unless NASA has
obtained a DX rating from the Department of Defense.
(iii) The following program identification symbols may be used on NASA rated
contracts and purchase orders for equipment and services that support authorized programs (see
Schedule I of the DPAS):
A1 - Aircraft
A2 - Missiles
A3 - Ships
A5 - Weapons
A6 - Ammunition
A7 - Electronic and Communications Equipment
B1 - Military Building Supplies
B8 - Production Equipment (For Contractor's Account)
B9 - Production Equipment (Government-Owned)
C2 - Construction
C3 - Maintenance, Repair, and Operating Supplies for Facilities
C9 - Miscellaneous/Other
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(g) Installation requests for assistance shall be directed to the Headquarters Office of
Procurement, Procurement Management & Policy Division.
[PN 20-03]
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Part 1812—Acquisition of Commercial Items
PART 1812
ACQUISITION OF COMMERCIAL ITEMS
TABLE OF CONTENTS
SUBPART
1812.2
1812.207
SUBPART
Contract type.
1812.3
SOLICITATION PROVISIONS AND CONTRACT CLAUSES
FOR THE ACQUISITION OF COMMERCIAL ITEMS
Solicitation provisions and contract clauses for the acquisition of
commercial items.
Tailoring of provisions and clauses for the acquisition of
commercial items.
1812.4
UNIQUE REQUIREMENTS REGARDING TERMS AND
CONDITIONS FOR COMMERCIAL ITEMS
Warranties.
Unacceptable Commercial Items Terms and Conditions.
1812.70
COMMERCIAL SPACE HARDWARE OR SERVICES
Anchor tenancy contracts.
1812.301
1812.302
SUBPART
1812.404
1812.470
SUBPART
1812.7000
SPECIAL REQUIREMENTS FOR THE ACQUISITION OF
COMMERICAL ITEMS.
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ACQUISITION OF COMMERCIAL ITEMS
Subpart 1812.2—Special Requirements for the Acquisition of Commercial Items
1812.207 Contract Type.
(b)(1)(ii)(A) The Contracting Officer shall use the Time and Materials and Labor Hour
Contract/Order Determination and Findings template.
Subpart 1812.3--Solicitation Provisions and Contract Clauses
for the Acquisition of Commercial Items
1812.301 Solicitation provisions and contract clauses for the acquisition of commercial items.
(f)(i) The following clauses are authorized for use in acquisitions of commercial items
when required by the clause prescription:
(A)
1852.204-75, Security Classification Requirements.
(B)
1852.204-76, Security Requirements for Unclassified Information
Technology Resources.
(C)
1852.215-84, Ombudsman.
(D)
1852.216-80, Task Order Procedures (Alternate I).
(E)
1852.216-88, Performance Incentive.
(F)
1852.219-73, Small Business Subcontracting Plan.
(G)
1852.219-75, Individual Subcontracting Reports.
(H)
1852.223-70, Safety and Health.
(I)
1852.223-71, Frequency Authorization.
(J)
1852.223-72, Safety and Health (Short Form).
(K)
1852.223-73, Safety and Health Plan.
(L)
1852.223-75, Major Breach of Safety and Security (Alternate I).
(M) 1852.225-70, Export Licenses.
(N)
1852.228-76, Cross-Waiver of Liability for International Space Station
Activities.
(O)
1852.228-78, Cross-Waiver of Liability for Science or Space Exploration
Activities Unrelated to the International Space Station.
(P)
1852.237-70, Emergency Evacuation Procedures.
(Q)
1852.237-72, Access to Sensitive Information.
(R)
1852.237-73, Release of Sensitive Information.
(S)
1852.246-72, Material Inspection and Receiving Report.
(T)
1852.246-74, Counterfeit Electronic Part Detection and Avoidance
(U)
1852.247.71, Protection of the Florida Manatee.
(ii) No other provisions and clauses prescribed in the NFS or center documents shall be
used in acquisitions of commercial items, except as permitted by FAR 12.302.
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[PN 20-08]
1812.302 Tailoring of provisions and clauses for the acquisition of commercial items.
(c) The Senior Procurement Executive is the approval authority for waivers. Requests for
approval shall include a justification to substantiate tailoring of a provision or clause and shall be
submitted to the Headquarters Office of Procurement, Procurement Strategic Operations
Division. Requests shall be prepared and submitted in accordance with 1801.471.
Subpart 1812.4—Unique Requirements Regarding Terms and
Conditions for Commercial Items
1812.404 Warranties.
(b) In acquisitions under the Simplified Acquisition Threshold specified in FAR Part 13,
Contracting officer’s shall not require any express warranty other than the offeror's commercial
warranty.
1812.470 Unacceptable commercial items terms and conditions.
When procuring commercial software or other commercial products, contracting officers shall
follow the guidance in the commercial items terms and conditions chart to preclude inclusion of
unacceptable terms and conditions in the contract or order. The following chart lists commercial
terms and conditions that are commonly found in software manufacturers’ unmodified commercial
supplier agreements that are either inconsistent with Federal law or with requirements of the FAR.
This list is not all-inclusive. In the event a commercial supplier proposes terms and conditions that
may be unacceptable consultation with the legal office is advised.
Terms and conditions
Problem/recommendation
Definition of contracting parties
The licensee or customer shall be reflected as
the specific agency or other federal entity that
placed the order under which the license is
provided. Conversely, because of competition
rules, the contractor must be defined as a
single entity even if the contractor is part of a
corporate group. The Government cannot
contract with the group, or in the alternative
with a set of contracting parties.
Automatic contract formation via shrinkwrap/click-wrap/browse-wrap/web-wrap (e.g.
using, downloading, clicking “I Agree”), or a
provision purporting to bind the Government
Under FAR 1.601(a), in an acquisition
involving the use of appropriated funds, an
agreement binding on the Government may
only be entered into by a duly warranted
contracting officer in writing. Under FAR
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to a set of terms incorporated by reference
(e.g., posted at a specified URL).
43.102, the same requirement applies to
contract modifications affecting the rights of
the parties. All terms and conditions intended
to bind the Government must be included
within the contract signed by the Government.
These types of contractor terms and
conditions should be excluded from
Government contracts and orders.
Customer indemnities: the customer commits
to indemnify the vendor for various things,
e.g., in connection with claimed infringement
of intellectual property rights.
This is an obligation in advance of an
appropriation that violates anti-deficiency
laws (31 USC 1341 and 41 USC 6301),
because it commits the Government to pay an
unknown amount at an unknown future time.
The violation occurs when the commitment is
made, i.e., when the agreement featuring this
clause is incorporated into a Government
contract, and not when the clause is triggered.
These types of contractor terms and
conditions should be excluded from
Government contracts and orders.
Contractor indemnities. Under these clauses,
the contractor typically commits to pay
damages and to "defend" the Government in
various types of lawsuits, typically IP-related,
on condition that the Government gives the
contractor "sole control" over the conduct of
such proceedings
Contractor indemnities are very desirable,
especially in IT acquisitions. However, the
undertaking to "defend" and the concept of
"sole control" in litigation are contrary to the
jurisdictional statute of the DOJ (28 USC 516)
which vests the right to defend the
Government and to exercise sole control in
litigation, solely in the DOJ. Indemnification
clauses should be retained in the agreement
but revised. The DOJ must represent or
“defend” the Government; however, the
clause may provide for appropriate
consultation with the contractor and its right
to intervene in the proceedings at its own
expense through legal counsel of its choice.
Automatic renewals: term-limited products or
services (e.g., term licenses for software, or
maintenance) renew automatically, and
renewal charges fall due automatically, unless
the customer takes action to opt out or
terminate
Anti-deficiency violation. These types of
contractor terms and conditions should be
excluded from Government contracts and
orders. For term-limited products or services,
every subsequent term must be purchased
separately.
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Unspecified future fees or penalties. These
fees and penalties can take a number of forms,
such as the following:
• Contractor's unilateral right to raise prices
or to change from awarded contract prices
to "then-current" commercial catalog
prices.
• Travel costs.
• Various surcharges.
• Various penalties, e.g., for late payment
(including interest), for late shipment of
defective part for repair, or for hiring a
contractor's employee.
• Liquidated damages.
• Audit costs.
• Maintenance reinstatement fees.
• Government payment of contractor's
attorney fees.
Anti-deficiency violation. These types of
contractor terms and conditions should be
excluded from Government contracts and
orders. Generally, the Government should
pay only the awarded contract price; any
change to the contract price requires the
contracting officer's approval and, specifically
in Schedule contracts, is further limited as to
frequency and amount. Applicable federal
travel regulations govern travel costs. Late
payment interest is governed by the Prompt
Payment Act (31 USC 3901 et seq) and
Treasury regulations at 5 CFR 1315. Attorney
fees are available only under limited
circumstances to certain small business
claimants as set forth in the Equal Access to
Justice Act (5 USC 504).
Taxes
FAR 52.212-4(k) provides that the contract
price includes all applicable Federal, state and
local taxes and duties. Under a line of GAO
(U.S. Government Accountability Office)
cases based on the Supremacy Clause of the
US Constitution, the Government is exempt
from state and local taxes whose "legal
incidence" falls on the Federal Government.
The applicability of a particular tax (e.g.
“excise tax”) to the Government is a case by
case determination for the contracting officer.
Accordingly, contractor terms and conditions
attempting to place responsibility for taxes on
the Government customer should be excluded
from Government contracts or orders. This
includes terms and conditions which purport
to accept the manufacturers or contractors
corporate income tax. If the vendor believes
any charge is payable by the Government, the
vendor should be instructed to submit such
charge to the contracting officer for review.
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Third-party terms: where the vendor's offering
includes components provided by other
manufacturers, or where the contractor is a
dealer or reseller of other manufacturers'
products, the agreement will often say that the
customer agrees to be bound by the terms and
conditions established by such manufacturer,
without an opportunity for the customer to
object to or negotiate the terms. The vendor
or reseller is not a party to the third-party
terms and disclaims all responsibility, while
the manufacturer may become a third-party
beneficiary of the contract.
This also introduces potentially unacceptable
terms and removes the Government's ability to
control what terms it is bound by. These
types of contractor terms and conditions
should be excluded from Government
contracts and orders. Contractor indemnities
do not constitute effective mitigation.
Contract to be governed by state/foreign law,
litigated in state/foreign courts, or arbitrated;
contractual limitation on actions
These types of contractor terms and
conditions should be excluded from
Government contracts and orders. All
contracts to which the Federal Government is
a party must be governed by Federal law
under principles of sovereign immunity.
Depending on the cause of action (e.g., tort,
breach of contract, infringement of copyright
or patent), both venue and the statute of
limitations are usually mandated by applicable
Federal law (e.g., the Federal Tort Claims Act,
28 USC 1346(b); the Contract Disputes Act,
41 USC 7101 et seq; the Tucker Act, 28 USC
1346(a)(1)).
NASA has not issued agency wide approval
for use of binding arbitration agreements
which can only be implemented by the head
of the agency when promulgated via
administrative rulemaking (5 USC 575(c)).
As such, requests to enter into binding
arbitration are considered on a case-by-case
basis at the time of the dispute. Such requests
may also require the approval of the
Department of Justice. These types of
contractor terms and conditions should be
excluded from Government contracts and
orders.
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Equitable remedies, injunctions
A sovereign immunity issue. Equitable
remedies are generally not available against
the Government under Federal statutes. These
types of contractor terms and conditions
should be excluded from Government
contracts and orders.
Unilateral termination by contractor for breach Inconsistent with FAR 52.233-1, which
requires the contractor to submit a claim to the
contracting officer if it believes the
Government to be in breach, and to continue
performance during the pendency of the
claim. In commercial item contracts, the FAR
also specifies the procedures for Government
termination for breach or convenience. Under
FAR 12.302(b), the FAR provisions dealing
with dispute and continued performance
cannot be changed by the contracting officer.
These types of contractor terms and
conditions should be excluded from
Government contracts and orders.
Unilateral modification: the vendor reserves
the right to unilaterally change the license
terms or terms of service, with or without
notice to the customer
This clause violates the contract formation
rules of FAR 1.601(a) and 43.102. This
allows the vendor to introduce unacceptable
terms in the future and removes the
Government's ability to control what terms it
is bound by. These types of contractor terms
and conditions should be excluded from
Government contracts and orders.
Confidential Information: the vendor requires
that the Government keep confidential certain
information, including pricing and the terms
of an order.
The clause must recognize that courts of
competent jurisdiction may require certain
information to be released. For example, the
Freedom of Information Act (FOIA) (5 USC
552) requires that information that does not
fall under certain exceptions must be released
when requested. Such confidential clauses
must be modified to recognize that federal
agencies are subject to FOIA and some
information may be released despite being
characterized as "confidential" by the vendor.
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Assignment without express Government
approval
FAR 42.12 governs novation agreements or
assignment of contracts while FAR 52.232-23
governs the Assignment of Claims.
Contractor terms and conditions inconsistent
with these FAR clauses should be excluded
from Government contracts and orders.
Subpart 1812.70—Commercial Space Hardware or Services
1812.7000 Anchor tenancy contracts.
(a) The term “anchor tenancy” means an arrangement in which the United States
Government agrees to procure sufficient quantities of a commercial space product or service
needed to meet Government mission requirements so that a commercial venture is made viable.
(b) Subject to receiving an appropriation that—
(1) Authorizes a multi-year anchor tenancy contract; and
(2) Specifies the commercial space product or service to be developed or used,
NASA may enter into a multi-year anchor tenancy contract only if Administrator determines—
(i) The good or service meets the mission requirements of the National
Aeronautics and Space Administration;
(ii) The commercially procured good or service is cost effective;
(iii) The good or service is procured through a competitive process;
(iv) Existing or potential customers for the good or service other than the
United States Government have been specifically identified;
(v) The long-term viability of the venture is not dependent upon a
continued Government market or other nonreimbursable Government support; and
(vi) Private capital is at risk in the venture.
(c) Contracts entered into under such authority may provide for the payment of
termination liability in the event that the Government terminates such contracts for is
convenience.
(1) Contracts that provide for this payment of termination liability shall include a
fixed schedule of such termination liability payments. Liability under such contracts shall not
exceed the total payments which the Government would have made after the date of termination
to purchase the good or service if the contract were not terminated.
(2) Subject to appropriations, funds available for such termination liability
payments may be used for purchase of the good or service upon successful delivery of the good
or service pursuant to the contract. In such case, sufficient funds shall remain available to cover
any remaining termination liability.
(d) Limitations:
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duration.
price basis.
(1) Contracts entered into under such authority shall not exceed 10 years in
(2) Such contracts shall provide for delivery of the good or service on a firm, fixed
(3) To the extent practicable, reasonable performance specifications shall be used
to define technical requirements in such contracts.
(4) In any such contract, the Administrator shall reserve the right to completely or
partially terminate the contract without payment of such termination liability because of the
contractor’s actual or anticipated failure to perform its contractual obligations.
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Part 1813—Simplified Acquisition Procedures
PART 1813
SIMPLIFIED ACQUISITION PROCEDURES
TABLE OF CONTENTS
1813.003
SUBPART
1813.106.1
Policy.
1813.1
1813.106-3
PROCEDURES
Soliciting competition, evaluation of quotations or offers, and
documentation.
Award and documentation.
SUBPART 1813.3
1813.301
1813.301-70
1813.302
1813.302-71
1813.302-72
1813.302-570
1813.302-70
1813.303
1813.303-3
1813.303-5
1813.303-6
1813.307
SIMPLIFIED ACQUISITION METHODS
Governmentwide commercial purchase card.
Convenience checks.
Purchase orders.
Policy.
General.
NASA solicitation provisions.
Purchase orders under section 8(a) of the Small Business Act.
Blanket Purchase Agreements (BPAs).
Preparation of BPAs.
Purchases under NASA BPAs.
Review procedures.
Forms.
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SIMPLIFIED ACQUISITION PROCEDURES
1813.003 Policy.
(g) 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.
(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.
(a) The Governmentwide commercial purchase card is authorized for use in making
and/or paying for purchases of supplies and services. The NASA purchase card shall be used for
micro-purchase threshold transactions, and for other eligible purchases, to the maximum extent
practicable. (See FAR Part 2 for the current micro-purchase threshold.)
(b)(1) For purchases above the micro-purchase threshold, purchase cards may be used by
cardholders, with the appropriate delegation of procurement authority, to make payments against
contracts, purchase orders, or orders under blanket purchasing agreements (BPA). (See
1813.303-3(a)(4) for guidance on the use of purchase card for placing individual orders under
blanket purchase agreements.) The NASA purchase cards may be used as a payment mechanism
up to the simplified acquisition threshold on established orders or contracts.
(2) Use of the NASA purchase card on orders above the micro-purchase
threshold does not relieve the cardholder from complying with all applicable statutory and
regulatory requirements, including, but not limited to, soliciting competitive quotations,
verifying price reasonableness, reserving for small businesses, including the appropriate terms
and conditions, and reporting to the Federal Procurement Data System–Next Generation (FPDSNG).
(c) NASA Policy Directive (NPD) 5104.1, Government Charge Cards, establishes
policy, responsibilities and appropriate safeguards and internal controls for the management, use
and continuous evaluation of NASA charge cards, which include travel, purchase, fleet charge
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cards, and the Department of Defense (DoD) Aviation Into-plan Reimbursement (AIR) Card
program and the Ships Easy Acquisition (SEA) Card program. The NPD also implements the
Office of Management and Budget’s (OMB) Circular A-123, Appendix B, and consolidates other
charge card requirements issued by OMB, the General Services Administration (GSA), the
Department of Treasury, DoD, and other Federal agencies.
(d) The Senior Procurement Executive—
(1) Serves as NASA’s lead for maintaining Agency-wide policy and regulations
pertaining to the NASA purchase card program, as carried out by the NASA Shared Services
Center (NSSC); and
(2) Conducts procurement management surveys within the Agency, including
review of purchase card process controls to ensure that they are designed appropriately and
operate effectively to safeguard against fraud, waste, abuse, and mismanagement.
and
(e) The Executive Director of the NSSC oversees the—
(1) Implementation, use and management of the NASA purchase card program;
(2) Activities of the Agency Program Coordinator for the NASA purchase card
program and the contracting officer for the Agency’s charge card contract with GSA.
(f) The Agency Program Coordinator, located at the NSSC, serves as the Agency’s lead
and subject matter expert for the management of the NASA purchase card program.
(g) The NASA Purchase Card Procedures and Instructions contains specific policy,
procedures and instructions pertaining to the use of the NASA purchase card and is located,
along with other guidance, on the NASA purchase card website at:
https://www.nssc.nasa.gov/purchasecard. NASA purchase cardholders shall follow the policy
and procedures outlined in NPD 5104.1 and the NASA Purchase Card Procedures and
Instructions.
1813.301-70 Convenience checks.
The NASA Purchase Card Procedures and Instructions contains specific policy, procedures and
instructions pertaining to the use of convenience checks, which is located on the NASA purchase
card website. NASA purchase cardholders shall follow the policy and procedures set forth in the
NASA Purchase Card Procedures and Instructions.
1813.302 Purchase orders.
1813.302-1 General.
(a) See 1813.003(g).
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Part 1813—Simplified Acquisition Procedures
1813.302-570 NASA solicitation provisions.
(a)(1) The contracting officer may use the provision at 1852.213-70, Offeror
Representations and Certifications—Other Than Commercial Items, in simplified acquisitions
exceeding the mircro-purchase threshold that are for other than commercial items. This
provision shall not be used for acquisition of commercial items as defined in FAR 2.101.
(2) This provision provides a single, consolidated list of certifications and
representations for the acquisition of other than commercial items using simplified acquisition
procedures and is attached to the solicitation for offerors to complete and return with their offer.
(i) Use the provision with its Alternate I in solicitations for acquisitions
that are for, or specify the use of recovered materials (see FAR 23.4).
(ii) Use the provision with its Alternate II in solicitations for the
acquisition of research, studies, supplies, or services of the type normally acquired from higher
education institutions (see FAR 26.3).
(iii) Use the provision with its Alternate III in solicitation which include
the clause at FAR 52.227-14, Rights in Data—General (see FAR 27.404(d)(2) and 1827.404(d)).
(b) The contracting officer may insert a provision substantially the same as the provision
at 1852.213-71, Evaluation—Other than Commercial Items, in solicitations using simplified
acquisition procedures for other than commercial items when a trade-off source selection process
will be used, that is, factors in addition to technical acceptability and price will be considered.
(See FAR 13.106.)
1813.302-70 Purchase orders under section 8(a) of the Small Business Act.
Purchase orders made using simplified acquisition procedures are authorized for 8(a)
acquisitions under the simplified acquisition threshold.
1813.302-71 Policy.
(a) The NASA Shared Services Center (NSSC) is designated as the Agency’s sole
purchasing activity for the acquisition of all supplies and services valued at or below the
simplified acquisition threshold (SAT), except for the following:
(1) Purchases made using the Government purchase card (see 1813.301), unless
the purchase card function has been delegated to the NSSC.
(2) Indefinite delivery, indefinite quantity (IDIQ) contracts or blanket purchase
agreements (BPAs) that permit the award of orders with a potential value over the SAT.
(3) Orders, regardless of value, awarded against IDIQ contracts or BPAs that
have been retained by the center. This does not include orders issued against any of the
Solutions for Enterprise-Wide Procurement (SEWP) contracts.
(4) Interagency Agreements.
(5) Orders for construction, facility repair or architect & engineering (A&E)
services (Material Groups: C1, C2, Y, and Z).
(6) SAT purchases made by institutional support contractors on behalf of the
Agency.
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(b) Agency requiring activities shall use the Simplified Acquisition Customer Portal
(SACP) to submit SAT requests to the NSSC for processing, tracking and award. The SACP is
assessable via the NASA Enterprise Service Desk. Materials pertaining to the use of the SACP,
and other NSSC SAT guidance and procedures are located on the NSSC SAT webpage.
(c) A purchase request, which NSSC needs to obligate funds, must be created and
approved within the SAP system when a SAT request is entered in the SACP. The requiring
activity shall be responsible for obtaining all necessary center reviews/approvals (e.g.,
organizational management, safety & health, quality assurance, property and information
technology).
(d) In accordance with Mission Support Council (MSC) Decision Memorandum
MSC-2011-12-001a, Eliminating Extraneous Promotional & Personal Use Items, all
purchases of promotional and personal use items using appropriated funds are explicitly
prohibited, except for only the following:
1. Printed materials
2. Stickers
3. Lapel pins
4. Mission patches
5. Flown flags
6. Inexpensive recyclable bags to facilitate the distribution of materials
Should prohibited items be purchased, the responsible party will be required to reimburse
appropriated funds and be subject to appropriate disciplinary actions. The Decision Memo
provides additional guidance and a framework for analyzing promotional and personal use
item expenditures.
[PN 22-08]
1813.303 Blanket Purchase Agreements (BPAs).
1813.303-3 Preparation of BPAs.
(a)(4) Individuals, other than warranted contracting officers, authorized to purchase
under a BPA shall not be authorized to place individual BPA orders in an amount greater than
$10,000, unless the center procurement officer has authorized, on a nondelegable basis and in
writing, a higher limit not to exceed the simplified acquisition threshold. Written authorization
shall delineate the qualifications and training of individuals authorized to place BPA orders
greater than $10,000. For sole source BPA orders above the micro-purchase threshold, a
contracting officer’s determination is required in accordance with FAR 13.106-1(b)(1).
1813.303-5 Purchases under NASA BPAs.
(b) In accordance with FAR 13.303-5(b), NASA has established the following maximum
thresholds for individual purchases under its BPAs—
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(1) $7.5 million for individual purchases.
(2) $7.5 million for individual purchases for commercial products and commercial
services acquisitions conducted under FAR subpart 13.5.
(3) $15 million for individual orders for acquisitions described in FAR 13.500(c)).
(4) $15 million for individual purchases entered into under the authority of FAR
12.102(f)(1)).
(5) None of the above thresholds apply to BPAs established in accordance with FAR
13.303-2(c)(3).
[PN 22-09]
1813.303-6 Review procedures.
(a) The annual BPA review shall be part of the Center’s self-assessment process.
(b)(1) The contracting officer shall document an annual review of each BPA in
accordance with FAR 8.405-3, using the BPA Annual Review template.
1813.307 Forms.
(b) Installations may use locally prescribed forms or the OF 347.
(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.
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Part 1814—Sealed Bidding
PART 1814
SEALED BIDDING
(Revised November 16, 2016)
TABLE OF CONTENTS
SUBPART 1814.2
1814.201
1814.201-5
1814.201-6
1814.201-670
SOLICITATION OF BIDS
Preparation of invitations for bids.
Part IV--Representations and instructions.
Solicitation provisions.
NASA solicitation provisions.
SUBPART
1814.302
1814.3
SUBMISSION OF BIDS
Bid submission.
SUBPART
1814.404
1814.404-1
1814.407
1814.407-3
1814.407-4
1814.408
1814.408-1
1814.4
OPENING OF BIDS AND AWARD OF CONTRACT
Rejection of bids.
Cancellation of invitations after opening.
Mistakes in bids.
Other mistakes disclosed before award.
Mistakes after award.
Award.
General.
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Part 1814—Sealed Bidding
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-ornone 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.
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Part 1814—Sealed Bidding
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 Office of Chief
Counsel for Center acquisitions and Office of the General Counsel for Headquarters acquisitions.
1814.407 Mistakes in bids.
1814.407-3 Other mistakes disclosed before award.
(e) Procurement officers are authorized to make the determinations under FAR 14.4073(a), (b), (c) and (d).
1814.407-4 Mistakes after award.
(d) All determinations, under this section, shall be made by the procurement officer.
1814.408 Award.
1814.408-1 General.
(c)(2) 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.
(i) 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.
(ii) 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
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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.
(iii) 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.
(iv) 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.
(v) The notice of award can be issued by the contracting officer using any
formal written means to include letter, facsimile or other electronic means. The notice should be
substantially the same as the following format.
Format
Subject: Notice of Award--Invitation for Bids (IFB) (insert IFB number and title). This notice
is to advise you that your bid (insert bid identification) in response to the subject IFB has been
determined to be the most advantageous to the Government (considering only price and pricerelated factors). It is the Government's intention to award you a contract in the amount of (insert
award price) for this effort pending satisfaction of the following pre-performance conditions:
(insert performance conditions e.g. any required payment and performance bonds)
Evidence (insert evidence description e.g. the actual payment and performance bonds) of
satisfaction of these conditions must be provided to the contracting officer by (insert due date for
submittal of evidence). 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 (identify basis for
date of commencement of performance).
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Part 1815—Contracting by Negotiation
PART 1815
CONTRACTING BY NEGOTIATION
TABLE OF CONTENTS
SUBPART
1815.101
1815.1
SOURCE SELECTION PROCESSES AND TECHNIQUES
Best value continuum.
SUBPART
1815.2
1815.208
1815.209
1815.209-70
SOLICITATION AND RECEIPT OF PROPOSALS AND
INFORMATION
Exchanges with industry before receipt of proposals.
Requests for proposals.
Installation reviews.
Headquarters reviews.
Risk management.
Contract format.
Part I–The Schedule.
Part IV–Representations and instructions.
Page limitations.
Handling proposals and information.
Release of proposal information.
Appointing non-Government evaluators as special Government
employees.
Submission, modification, revision, and withdrawal of proposals.
Solicitation provisions and contract clauses.
NASA solicitation provisions.
SUBPART 1815.3
1815.300
1815.300-70
1815.303
1815.304
1815.304-70
1815.305
1815.305-70
1815.305-71
1815.306
1815.307
1815.308
1815.370
SOURCE SELECTION
Scope of subpart.
Applicability of subpart.
Responsibilities.
Evaluation factors and significant subfactors.
NASA evaluation factors.
Proposal evaluation.
Identification of unacceptable proposals.
Evaluation of a single proposal.
Exchanges with offerors after receipt of proposals.
Proposal revisions.
Source selection decision.
NASA source evaluation boards.
SUBPART
1815.403
CONTRACT PRICING
Obtaining certified cost or pricing data.
1815.201
1815.203
1815.203-70
1815.203-71
1815.203-72
1815.204
1815.204-2
1815.204-5
1815.204-70
1815.207
1815.207-70
1815.207-71
1815.4
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1815.403-1
1815.403-170
1815.403-3
1815.403-4
1815.404
1815.404-1
1815.404-2
1815.404-4
1815.404-470
1815.404-471
1815.404-471-1
1815.404-472
1815.406
1815.406-1
1815.406-170
1815.406-171
1815.406-172
1815.406-3
1815.407
1815.407-2
1815.408
1815.408-70
SUBPART
1815.5
Prohibition on obtaining cost or pricing data.
Waivers of certified cost or pricing data.
Requiring data other than cost or pricing data.
Requiring cost or pricing data.
Proposal analysis.
Proposal analysis techniques.
Data to support proposal analysis.
Profit.
NASA Form 634.
NASA structured approach for profit or fee objective.
Modification to structured profit/fee approach for nonprofit
organizations.
Payment of profit or fee under letter contracts.
Documentation.
Prenegotiation objectives.
Reserved.
Installation reviews.
Headquarters reviews.
Documenting the negotiation.
Special cost or pricing areas.
Make-or-buy programs.
Solicitation provisions and contract clauses.
NASA solicitation provisions and contract clauses.
1815.504
1815.505
1815.506
1815.506-70
PREAWARD, AWARD, AND POSTAWARD
NOTIFICATIONS, PROTESTS, AND MISTAKES
Award to successful offeror.
Preaward debriefing of offerors.
Postaward debriefing of offerors.
Debriefing of offerors - Major System acquisitions.
SUBPART 1815.6
1815.602
1815.604
1815.606
1815.606-70
1815.609
1815.609-70
1815.670
UNSOLICITED PROPOSALS
Policy.
Agency points of contact.
Agency procedures.
Relationship of unsolicited proposals to NRAs.
Limited use of data.
Limited use of proposals.
Foreign proposals.
SUBPART
1815.7001
1815.7002
1815.7003
OMBUDSMAN
NASA Ombudsman Program.
Synopses of solicitations and contracts.
Contract clause.
1815.70
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Part 1815—Contracting by Negotiation
PART 1815
CONTRACTING BY NEGOTIATION
Subpart 1815.1—Source Selection Processes and Techniques
1815.101 Best value continuum.
When a written acquisition plan is not required by 1807.103, the contracting officer must
document in the contract file the source selection approach to be used (e.g. full trade-off utilizing
mission suitability, cost/price, and past performance factors; lowest price technically acceptable
(LPTA), as described in FAR 15.101-2, where there is no tradeoff; price performance tradeoff
(PPTO) where there is a tradeoff between price and past performance factors; or a combination
of approaches) and the rating method (numerical scoring, acceptable/unacceptable, adjectival
ratings & definitions) to be used, how they will be used, and how these will result in selection of
the best value to the Government. Identify all evaluation factors and their relative importance to
one another and how the non-cost factors relate to the cost factor. To the extent that subfactors
are utilized under any of the evaluation factors, the solicitation shall also provide the relative
importance of each subfactor to one another under the specific evaluation factor.
Subpart 1815.2—Solicitation and Receipt of Proposals and Information
1815.201 Exchanges with industry before receipt of proposals.
(c)(6)(A) Except for acquisitions described in 1815.300-70(b) contracting officers shall
issue draft requests for proposals (DRFPs) for all competitive negotiated acquisitions expected to
exceed $10,000,000 (including all options or later phases of the same project). The contracting
officer may waive the requirement for a DRFP upon written determination that the expected
benefits will not be realized given the nature of the supply or service being acquired. The
requirement for a DRFP shall not be waived because of poor or inadequate planning. DRFPs
shall invite comments from potential offerors on all aspects of the draft solicitation, including the
requirements, schedules, proposal instructions, and evaluation approaches. Potential offerors
should be specifically requested to identify unnecessary or inefficient requirements. If the DRFP
contains Government-unique standards, potential offerors should be invited to identify voluntary
consensus standards that meet the Government's requirements as alternatives to Governmentunique standards cited as requirements, in accordance with FAR 11.101 and OMB Circular A119. Comments should also be requested on any perceived safety, occupational health, security
(including information technology security), environmental, export control, and/or other
programmatic risk issues associated with performance of the work. When considered
appropriate, the statement of work or the specifications may be issued in advance of other
solicitation sections.
(B) Contracting officers shall plan the acquisition schedule to include
adequate time for issuance of the DRFP, potential offeror review and comment, and NASA
evaluation and disposition of the comments.
(C) When issuing DRFPs, potential offerors should be advised that the
DRFP is not a solicitation and NASA is not requesting proposals.
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(D) Whenever feasible, contracting officers should include a summary of
the disposition of significant DRFP comments with the final RFP.
(E) If performance-based payments are planned to be used in a
competitive negotiated acquisition, the DRFP shall request potential offerors to suggest terms,
including performance events or payment criteria. Contracting officers shall use that information
to establish a common set of performance-based payments parameters in the final RFP when
practicable.
(f)(i) Upon release of the final RFP, the contracting officer shall direct all personnel
associated with the acquisition to refrain from communicating with potential offerors and to refer
all inquiries to the contracting officer. This procedure is commonly known as a "blackout
notice" and shall not be imposed before release of the final RFP. Contracting Officers shall
utilize the “Blackout Notice” template to draft the “blackout notice”. The “blackout notice” may
be issued in any format (e.g., letter or electronic) appropriate to the complexity of the
acquisition. Contracting officers shall ensure the blackout notice is widely distributed
throughout the Centers and Headquarters, as appropriate, unless an Agency-wide “blackout
notice” has been distributed by Headquarters.
(ii) For Agency-wide or Multiple Centers-wide acquisitions, contracting officers
shall complete the “Blackout Notice” template and submit it to the Director, Headquarters Office
of Procurement, Procurement Strategic Operations Division, via encrypted email using NASA’s
current encryption software, at least five (5) business days prior to the planned release of the
final RFP. The Agency-wide “blackout notice” will be distributed by the Office of
Communications via an Agency-wide communication to all NASA civil service employees after
release of the final RFP.
(iii) Blackout notices are not intended to terminate all communication with
offerors. Contracting officers shall be the primary point of contact and should continue to
provide information as long as it does not create an unfair competitive advantage or reveal
proprietary data.
[PN 19-14]
1815.203 Requests for proposals.
1815.203-70 Installation reviews.
(a) Installations shall establish procedures to review all RFPs before release. The levels
of management review should be commensurate with the dollar value and complexity of the
acquisition. When appropriate given the complexity of the acquisition or the number of offices
involved in solicitation review, installations should consider use of a single review meeting
called a Solicitation Review Board (SRB) as a streamlined alternative to the serial or sequential
coordination of the solicitation with reviewing offices. The SRB is a meeting in which all
offices having review and approval responsibilities discuss the solicitation and their concerns.
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Attendance should be limited to key senior personnel and offices with review and approval
responsibilities only. Actions assigned and changes required shall be documented in writing by
the SRB.
(b) When source evaluation board (SEB) procedures are used in accordance with
1815.370, the SEB shall review the RFP prior to issuance.
(c) When LPTA, PPTO, or other source selection procedures are used in accordance with
1815.300-70(a)(1)(ii), the evaluation team, per FAR 15.303(b)(1), shall review the RFP prior to
issuance.
1815.203-71 Headquarters reviews.
For RFPs requiring Headquarters review and approval, the procurement officer shall send a copy
of the RFP to the Senior Procurement Executive, through the Headquarters Office of
Procurement, Procurement Strategic Operations Division. Transmission of the RFP must be sent
via an encrypted email using NASA Public Key Infrastructure (PKI). If the RFP is too large for
transmission via email, transmission of the RFP should be coordinated with the cognizant
Headquarters Office of Procurement, procurement portfolio manager.
1815.203-72 Risk management.
In all RFPs for supplies or services for which a technical proposal is required, proposal
instructions shall require offerors to identify and discuss risk factors and issues throughout the
proposal where they are relevant, and describe their approach to managing these risks.
[PN 18-11]
1815.204 Contract format.
1815.204-2 Part I—The Schedule.
(c) To the maximum extent practicable, requirements should be articulated as
performance-based specifications and performance work statements that focus on required
outcomes or results.
1815.204-5 Part IV—Representations and instructions.
(b) The information required in proposals should be kept to the minimum necessary for
the source selection decision.
1815.204-70 Page limitations.
(a) Technical and contracting personnel will agree on page limitations for their
respective portions of an RFP. Unless approved in writing by the procurement officer, the page
limitation for the contracting portion of an RFP (all sections except Section C, Description/
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specifications/work statement) shall not exceed 150 pages, and the page limitation for the
technical portion (Section C) shall not exceed 200 pages. Attachments to the RFP count as part
of the section to which they relate. In determining page counts, a page is defined as one side of a
sheet, 8 1/2" x 11", with at least one inch margins on all sides, using not smaller than 12-point
type. Use by offerors of smaller font sizes for non-standard text (e.g. graphics, tables, charts,
figures, captions, etc.) is permitted, if appropriate. However, such fonts shall be no smaller than
8-point, shall be utilized only where appropriate, and shall not be utilized to circumvent or avoid
RFP proposal page limitations. Foldouts count as an equivalent number of 8 1/2" x 11" pages.
The metric standard format most closely approximating the described standard 8 1/2" x 11" size
may also be used.
(b) Page limitations shall be established in solicitations for proposals submitted in all
competitive acquisitions. Accordingly, technical and contracting personnel will agree on page
limitations for 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).
Page limitations shall also be established for final proposal revisions. 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. The contracting officer shall return one copy of the excess pages removed from the
proposal to the offeror, advising the offeror that they were over the limit and will not be
evaluated. The contracting officer shall retain one copy of each offeror’s proposal in the official
contract file and document which excess proposal pages were not evaluated and 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
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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, 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.
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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 in accordance with FAR 15.3 and this subpart as follows:
(i) When acquiring complex services, hardware development, or research
and development that include technically complex requirements, contracting officers should use
a mission suitability factor, numerically score the proposals, and use the SEB procedures in
1815.370.
(ii) When acquiring routine, non-complex, repetitive follow-on services,
non-developmental hardware, or non-research and development supplies or services, contracting
officers may use other source selection procedures such as LPTA, as described in FAR 15.101-2,
where there is no tradeoff, PPTO, or other source selection approach except those at 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) AO (see Part 1872).
(2) NRA (see 1835.016-71).
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(3) The SBIR and the STTR programs under the authority of the Small Business
Act (15 U.S.C. 638).
(4) Architect and Engineering (A&E) services (see FAR 36.6 and 1836.6).
(5) PPTO procedures for construction projects when the following applies: the
Government develops and provides the design specifications in the solicitation; the offerors are
not required to submit technical proposals; and selection is based solely upon price and past
performance factors.
1815.303 Responsibilities.
(a) The Source Selection Authority (SSA) shall be established at the lowest reasonable
level for each acquisition and documented in the acquisition plan or procurement strategy
meeting (PSM) presentation. The SSA for center acquisitions shall be documented in the
acquisition plan or PSM. In accordance with NFS 1801.603-1, the SSA will be appointed by the
Senior Procurement Executive prior to the PSM.
(b)(i) The 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 source selection approach, rating method, evaluation
factors, subfactors, the weight of the evaluation factors and subfactors when used, and any
special standards of responsibility (see FAR 9.104-2) before release of the final RFP, or delegate
this authority to appropriate management personnel.
(B) Appoint the source selection evaluation team. However, when the
Administrator will serve as the SSA, the Official-in-Charge of the cognizant Headquarters
Program Office will appoint the team.
(C) Provide the source selection evaluation team with appropriate
guidance and special instructions to conduct the evaluation and selection procedures.
(b)(ii) See 1803.104-70 for restrictions on participating in evaluation or selection of
proposals.
(b)(2) Approval authorities for acquisition plans and PSMs are in accordance with
1807.103.
[PN 21-01]
1815.304 Evaluation factors and significant subfactors.
(c)(4)(A) Small Business Utilization, including the small business subcategories – SDB,
HUBzone, VOSB, SDVOSB, and WOSB utilization concerns, shall be evaluated by the SSA or
appropriate evaluation team member as a subfactor under the Mission Suitability factor or as a
separate factor, as appropriate. The Small Business Utilization factor/subfactor shall provide for
a separate and distinct evaluation of the Small Business plans, including compliance with FAR
19.704 requirement. Previous small business subcontracting performance will be rated as part of
the Past Performance factor.
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(B) Contracting Officers shall specify NASA recommended goals for
each small business category in solicitations that require the submission of a subcontracting plan
under FAR 52.219-9. NASA recommended goals for SDB may not exceed 5 percent. If a
requirement offers low levels of small business subcontracting opportunities, the contracting
officer may choose not to utilize recommended goals and have the contractor propose goals.
(C) In addition to the subcontracting plan requirements of FAR 19.704
and the proposed small business goals, contracting officers should consider other aspects of the
subcontracting plan in their proposal evaluation. The following are examples of desirable
subcontracting plan characteristics (this is not an all-inclusive list):
(1) Clear identification of which small businesses will be used in
actual contract performance, and how they will be used.
(2) Use of small business subcontractors for meaningful work,
including high technology work.
(3) Inclusion of enforceable small business subcontracting plans at
lower-tier levels.
(4) Support of the mentor protégé program.
(5) Participation in outreach initiatives.
1815.304-70 NASA evaluation factors.
(a) Typically, NASA establishes three evaluation factors: Mission Suitability,
Cost/Price, and Past Performance. The evaluation factors are developed by the source selection
evaluation team and approved by the SSA. Evaluation factors may be further defined by
subfactors. Evaluation subfactors should be structured to identify significant discriminators, 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. Further sub-division below the subfactor level is prohibited.
(b) Mission Suitability factor, if used.
(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. (See
1815.300-70(a)(1)(ii).)
(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.
(i) For cost reimbursement acquisitions, the Mission Suitability evaluation
shall consider the adequacy of the offeror’s proposed approach to meeting the requirements of
the solicitation including the appropriateness of the offeror’s proposed resources. Contracting
Officers shall ensure that the solicitation notifies offerors that a lack of resource realism may
adversely affect their Mission Suitability scores, and result in cost realism adjustments under the
cost factor.
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(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) Contracting officers shall include instructions in the RFP for 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 awarded 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 in the RFP.
(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 customers along 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.
(4) The contracting officer shall evaluate the offeror's past performance in
occupational health, security, safety, and mission success (e.g., mishap rates and problems in
delivered hardware and software that resulted in mishaps or failures) when these areas are
germane to the requirement.
1815.305 Proposal evaluation.
(a) The source selection evaluation team shall evaluate each proposal to—
(i) Identify and document all significant strengths, strengths, deficiencies,
weaknesses, and significant weaknesses. These findings must include a description of how each
strength, deficiency, and weakness will impact performance in terms of benefit or risk
statements;
(ii) Identify and document the numerical score and/or adjectival rating of each
Mission Suitability subfactor, if applicable;
(iii) Document the cost or price analysis performed and, if conducted, the cost
realism analysis performed;
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(iv) Identify and document the past performance evaluation findings and the
rationale for the assigned level of confidence rating; and
(v) Document any programmatic risk to mission success, e.g., technical,
schedule, cost, safety, occupational health, security, export control, or environmental. Risks may
result from the offeror's technical approach, manufacturing plan, selection of materials,
processes, equipment, or as a result of the cost, schedule, and performance impacts associated
with its approach. Risk evaluations must consider the probability of the risk occurring, the
impact and severity of the risk, the timeframe when the risk should be addressed, and the
alternatives available to meet the requirements. Risk assessments shall be captured as part of
strengths, weaknesses, and deficiencies, as applicable. Identified risks and the potential for cost
impact shall be considered in the cost or price evaluation.
(a)(1) Cost or price evaluation.
(A) When contracting on a basis other than firm-fixed-price, the
contracting officer shall perform price and cost realism analyses to assess the reasonableness and
realism of the proposed costs. A cost realism analysis will determine if the costs in an offeror's
proposal:
(a) Are realistic for the work to be performed,
(b) Reflect a clear understanding of the requirements, and
(c) Are consistent with the various elements of the offeror's
technical proposal.
(B) The analysis shall, to the extent appropriate for the acquisition,
include:
(a) The probable cost to the Government of each proposal,
including any recommended additions or reductions in materials, equipment, labor hours, direct
rates, and indirect rates. Any adjustments in direct and indirect costs, other than minor
computation errors, must be fully explained and documented and, where applicable, traceable to
the technical evaluation. The probable cost should reflect the Government’s best estimate based
on cost resulting from the offeror's proposal after all known adjustments have been considered.
(b) The identification of the differences between the probable cost
and offeror’s proposed costs regarding business methods, operating procedures, and practices as
they affect cost.
(a)(2) Past performance evaluation.
(A) The Past Performance evaluation assesses the contractor's
performance under previously awarded contracts. The past performance evaluation shall be in
accordance with FAR 15.305(a)(2) and this section. When applying the definitions below to
arrive at a confidence rating, the evaluation team shall consider and clearly document each
offeror’s relevant past performance (e.g. currency/recency, size, content and complexity) to
assess the offeror’s past performance data and assign an overall confidence rating. The past
performance evaluation is an assessment of the Government’s confidence in the offeror’s ability
to perform the solicitation requirements. At the source selection evaluation team’s discretion,
strengths and weaknesses may be assigned. Past Performance shall be evaluated for each offeror
using the following levels of confidence ratings:
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Very High Level of Confidence
The offeror’s relevant past performance is of exceptional merit and is very highly pertinent to
this acquisition, indicates exemplary performance in a timely, efficient, and economical manner
and very minor (if any) problems with no adverse effect on overall performance. Based on the
offeror’s performance record, there is a very high level of confidence that the offeror will
successfully perform the required effort. (One or more significant strengths exist. No significant
weaknesses exist.)
High Level of Confidence
The offeror’s relevant past performance is highly pertinent to this acquisition; demonstrating
very effective performance that would be fully responsive to contract requirements. Offeror’s
past performance indicates that contract requirements were accomplished in a timely, efficient,
and economical manner for the most part, with only minor problems that had little identifiable
effect on overall performance. Based on the offeror’s performance record, there is a high level
of confidence that the offeror will successfully perform the required effort. (One or more
significant strengths exist. Strengths outbalance any weakness.)
Moderate Level of Confidence
The offeror’s relevant past performance is pertinent to this acquisition, and it demonstrates
effective performance. Performance was fully responsive to contract requirements; there may
have been reportable problems, but with little identifiable effect on overall performance. Based
on the offeror’s performance record, there is a moderate level of confidence that the offeror will
successfully perform the required effort. (There may be strengths or weaknesses, or both.)
Low Level of Confidence
The offeror’s relevant past performance is at least somewhat pertinent to this acquisition, and it
meets or slightly exceeds minimum acceptable standards. Offeror achieved adequate results;
there may have been reportable problems with identifiable, but not substantial, effects on overall
performance. Based on the offeror’s performance record, there is a low level of confidence that
the offeror will successfully perform the required effort. Changes to the offeror’s existing
processes may be necessary in order to achieve contract requirements. (One or more weaknesses
exist. Weaknesses outbalance strengths.)
Very Low Level of Confidence
The offeror’s relevant past performance does not meet minimum acceptable standards in one or
more areas; remedial action was required in one or more areas. Performance problems occurred
in one or more areas which, adversely affected overall performance. Based on the offeror’s
performance record, there is a very low level of confidence that the offeror will successfully
perform the required effort. (One or more deficiencies or significant weaknesses exist.)
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Neutral
In the case of an offeror without a record of relevant past performance or for whom information
on past performance is not available, the offeror may not be evaluated favorably or unfavorably
on past performance (see FAR 15.305(a) (2) (ii) and (iv)).
(B) The evaluation may be limited to specific areas of past performance
considered most germane for the instant acquisition. It may include any or all of the items listed
in FAR 42.1501, and/or any other aspects of past performance considered pertinent to the
solicitation requirements or challenges. Regardless of the areas of past performance selected for
evaluation, the same areas shall be evaluated for all offerors.
(C) Questionnaires and interviews may be used to solicit assessments of
the offeror's performance, as either a prime or subcontractor, from the offeror's previous
customers.
(D) All pertinent information, including customer assessments and any
offeror rebuttals, will be made part of the source selection records and addressed in the
evaluation of past performance.
(a)(3) Technical Evaluation.
(A) Mission Suitability subfactors, when used, shall be evaluated using
the following adjectival ratings, definitions, and percentile ranges.
ADJECTIVAL
RATING
Excellent
Very Good
Good
DEFINITIONS
A comprehensive and thorough
proposal of exceptional merit with
one or more significant strengths. No
deficiency or significant weakness
exists.
A proposal having no deficiency and
which demonstrates over-all
competence. One or more significant
strengths have been found, and
strengths outbalance any weaknesses
that exist.
A proposal having no deficiency and
which shows a reasonably sound
response. There may be strengths or
weaknesses, or both. As a whole,
weaknesses not off-set by strengths do
not significantly detract from the
offeror’s response.
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PERCENTILE
RANGE
91-100
71-90
51-70
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Fair
Poor
A proposal having no deficiency and
which has one or more weaknesses.
Weaknesses outbalance any strengths.
A proposal that has one or more
deficiencies or significant weaknesses
that demonstrate a lack of overall
competence or would require a major
proposal revision to correct.
31-50
0-30
(B) When contracting on a cost reimbursement basis, a cost realism analysis shall
be performed consistent with FAR 15.404-1(d).
(a)(4) The cost or price evaluation, specifically the cost realism analysis, often requires a
technical evaluation of the proposed costs elements. Contracting officers may provide technical
evaluators a copy of the cost volume or relevant information from it to use in the analysis.
1815.305-70 Identification of unacceptable proposals.
(a) The contracting officer shall not complete the initial evaluation of any proposal when
it is determined that the proposal is unacceptable because:
(1) It does not represent a reasonable initial effort to address the essential
requirements of the RFP or clearly demonstrates that the offeror does not understand the
requirements;
(2) In research and development acquisitions, a substantial design drawback is
evident in the proposal, and sufficient correction or improvement to consider the proposal
acceptable would require virtually an entirely new technical proposal; or
(3) It contains major deficiencies or omissions or out-of-line costs which
discussions with the offeror could not reasonably be expected to cure.
(b) The contracting officer shall document the rationale for discontinuing the initial
evaluation of a proposal in accordance with this section.
[PN 18-11]
1815.305-71 Evaluation of a single proposal.
(a) If only one proposal is received in response to the solicitation, the contracting officer
shall determine if the solicitation was flawed or unduly restrictive and determine if the single
proposal is an acceptable proposal. Based on these findings, the SSA shall direct the contracting
officer to one of the following:
(1) Award after negotiating an acceptable contract. (The requirement for
submission of cost or pricing data shall be determined in accordance with FAR 15.4033(a)(1)(ii); or
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(2) Reject the proposal and cancel the solicitation.
(b) The procedure in 1815.305-71(a) also applies when the number of proposals equals
the number of awards contemplated or when only one acceptable proposal is received.
[PN 19-06]
1815.306 Exchanges with offerors after receipt of proposals.
(c)(2) A total of no more than three proposals shall be a working goal in establishing the
competitive range. Field installations may establish procedures for approval of competitive
range determinations commensurate with the complexity or dollar value of an acquisition.
(d)(3)(A) The contracting officer shall identify any cost/price elements that do not
appear to be justified and encourage offerors to submit their most favorable and realistic
cost/price proposals, but shall not discuss, disclose, or compare cost/price elements of any other
offeror. The contracting officer should question inadequate, conflicting, unrealistic, or
unsupported cost information, differences between the offeror's proposal and most probable cost
assessments, cost realism concerns, differences between audit findings and proposed costs,
proposed rates that are too high/low, and labor mixes that do not appear responsive to the
requirements. No agreement on individual cost/price elements or a "bottom line" is necessary.
(B) The contracting officer shall discuss contract terms and conditions so
that a "model" contract can be sent to each offeror with the request for final proposal revisions.
If the solicitation allows, any proposed technical performance capabilities above those specified
in the RFP that have value to the Government and are considered proposal strengths should be
discussed with the offeror and proposed for inclusion in that offeror’s "model" contract. If the
offeror declines to include these strengths in its "model" contract, the Government evaluators
should reconsider their characterization as strengths.
(e)(1) In no case shall the contracting officer relax or amend RFP requirements for any
offeror without amending the RFP and permitting the other offerors an opportunity to propose
against the relaxed requirements.
1815.307 Proposal revisions.
(b)(i) The request for final proposal revisions (FPRs) shall also—
(A) Instruct offerors to incorporate all changes to their offers resulting
from discussions, and require clear traceability from initial proposals;
(B) Require offerors to complete and execute the "model" contract, which
includes any special provisions or performance capabilities the offeror proposed above those
specified in the RFP;
(C) Caution offerors against unsubstantiated changes to their proposals;
and
(D) Establish a page limit for FPRs.
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(ii) Approval of the procurement officer is required to reopen discussions.
(iii) Proposals are rerated and, for mission suitability, rescored based on FPR
evaluations. Scoring or rating changes between initial and FPRs shall be clearly traceable.
1815.308 Source selection decision.
(1) A Source Selection Decision (SSD) is a deliberative decision that is documented in
the Source Selection Statement, reflecting the thought process behind the selection and
representing the independent judgment of the SSA. The SSA has broad discretion in
determining the manner and extent to which technical, past performance, and cost evaluation
results of the source selection evaluation team are used, subject only to the tests of rationality
and consistency with the evaluation criteria identified in the solicitation. The adjectival ratings
and numerical scoring presented to the SSA, which represent the source selection evaluation
team’s relative ranking of proposals within the mission suitability factor, when the mission
suitability is included as an evaluation factor cannot be the sole basis for a selection decision.
Instead, the selection shall be based upon a comparative assessment of the relative discriminators
that includes a discussion of the benefits or risks/detriments associated with the discriminators of
the selected offeror over all other offerors considering all evaluation factors (i.e. past
performance factor, cost/price factor, other non-price factors).
(2) All significant evaluation findings shall be fully documented and considered in the
source selection decision. The source selection decision shall document the SSA’s rationale
supporting the selection. The source selection decision shall document the mission suitability
subfactor ratings and overall mission suitability score, if applicable. Selection is made on the
basis of the evaluation criteria established in the RFP.
(3) Before award, the SSA shall sign a source selection statement that clearly and
succinctly justifies the SSD. The NASA Source Selection Statement Development Guide
provides agency-wide guidance. Source selection statements must describe: the acquisition, the
evaluation procedures, the substance of the Mission Suitability evaluation, when used, and the
evaluation of the Cost/Price and Past Performance factors. The statement must also address
unacceptable proposals, the competitive range determination, late proposals, or any other
considerations pertinent to the decision. The source selection statement shall include the
successful offeror’s overall proposed cost or price (contract award value) as well as the
successful offeror’s overall evaluated cost or price (probable). The source selection statement
shall not disclose the proposed or overall evaluated cost or price for unsuccessful offerors.
Instead, the source selection statement shall describe the overall proposed and probable cost or
price of unsuccessful offerors in relative terms of comparison to the successful offeror’s cost or
price, e.g. offeror ABC’s probable cost or price was minimally or substantially, higher or lower
than the successful offeror’s cost/price. The source selection statement shall not reveal any
confidential business information, to include trade secrets and commercial or financial
information prohibited from disclosure by FAR 24.202 or exempt from release under the
Freedom of Information Act, 5 U.S.C. 552 and the Trade Secrets Act, 18 U.S.C. 1905.
Questions about confidential business information, disclosure of such information, and contents
of source selection statements shall be directed to the Office of the General Counsel. Except for
certain major system acquisition competitions (see 1815.506-70), source selection statements
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shall be releasable to competing offerors and the general public upon request. The statement
shall be available to the contracting officer or other Debriefing Official to use in postaward
debriefings of unsuccessful offerors and shall be provided to debriefed offerors upon request. If
the source selection and contract award are not protested or otherwise challenged, the contracting
officer shall post the source selection statement on the SAM.gov Contract Opportunities web
page not later than 10 calendar days after the protest period has expired. If the source selection
or contract award is protested or otherwise challenged, the source selection statement shall not be
posted and shall be controlled as sensitive source selection information until the protest or
challenge has been resolved. The source selection statement shall be posted for a period of not
less than 30 days.
(4) Once the selection decision is made, the contracting officer shall award the contract.
[PN 22-02]
1815.370 NASA source evaluation boards.
(a) The source evaluation board (SEB) procedures shall be used for those acquisitions
identified in 1815.300-70(a)(1)(i). The NASA Source Selection Guide provides agency-wide
guidance to individuals participating in the Source Evaluation Board (SEB) process.
(b) The SEB assists the SSA by providing expert analyses of the offerors' proposals in
relation to the evaluation factors and subfactors contained in the solicitation. The SEB will
prepare and present its findings to the SSA, avoiding trade-off judgments among either the
individual offerors or among the evaluation factors. The SEB will not make recommendations
for selection to the SSA. Although the SSA may seek advice or opinions about the SEBs
findings from key senior personnel or management during the executive session (if held) that
follows the SEB presentation, the source selection decision must reflect the SSA’s sole
independent decision and judgment. Any individual participating in an executive session with
the SSA shall be cleared in advance of the source selection briefing of any conflict of interest
consistent with NPR 1900.3 and NPD 1900.9, Ethics Program Management.
(c) Designation.
(1) The SEB shall be comprised of competent individuals fully qualified to
identify the strengths, deficiencies, weaknesses, and risks associated with proposals submitted in
response to the solicitation. Advance planning is required to identify fully-engaged and
dedicated resources as early as possible in the process. Dedicated resources are necessary to
complete early acquisition milestones in a timely manner, e.g., defining the requirements,
acquisition strategy, etc. The SEB shall be appointed as early as possible in the acquisition
process, but not later than acquisition plan or procurement strategy meeting approval.
(2) While SEB participants are normally drawn from the cognizant installation,
personnel from other NASA installations or other Government agencies may participate. When
it is necessary to disclose the proposal (in whole or in part) outside the Government, approval
shall be obtained in accordance with 1815.207-70.
(3) When Headquarters retains SSA authority, the Headquarters Office of
Procurement, Procurement Strategic Operations Division must concur on the SEB appointments.
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Qualifications of voting members, including functional title, grade level, and related SEB
experience, shall be provided to the cognizant Headquarters Office of Procurement, procurement
portfolio manager.
(d) Organization.
(1) The organization of an SEB is tailored to the requirements of the particular
acquisition. This organization can range from the most streamlined and efficient situation, where
the SEB conducts the evaluation and fact-finding without the use of committees or
panels/consultants (as described in paragraphs (d)(4) and (5) of this section) to a highly complex
situation involving a major acquisition where two or more committees are formed and these, in
turn, are assisted by special panels or consultants in particular areas. The number of committees
or panels/consultants shall be kept to a minimum.
(2) The SEB Chairperson is the principal operating executive of the SEB. The
Chairperson is expected to manage the team efficiently without compromising the validity of the
findings provided to the SSA as the basis for a sound selection decision.
(3) The SEB Recorder functions as the principal administrative assistant to the
SEB Chairperson and is principally responsible for logistical support and recordkeeping of SEB
activities.
(4) An SEB committee functions as a fact-finding arm of the SEB, usually in a
broad grouping of related disciplines (e.g., technical or management). The committee evaluates
in detail each proposal, or portion thereof, assigned by the SEB in accordance with the
established evaluation factors and subfactors and summarizes its evaluation in a written report to
the SEB. The committee will also respond to requirements assigned by the SEB, including
further justification or reconsideration of its findings. Committee chairpersons shall manage the
administrative and procedural matters of their committees.
(5) An SEB panel or consultant functions as a fact-finding arm of the committee
in a specialized area of the committee's responsibilities. Panels are established or consultants
named when a particular area requires deeper analysis than the committee can provide.
(6) The total of all such evaluators (committees, panels, consultants, etc.
excluding SEB voting members and ex officio members) shall be limited to a maximum of 20,
unless approved in writing by the Senior Procurement Executive. Requests to exceed the
evaluation team size limitation shall provide a detailed justification and shall be sent to the
Headquarters Office of Procurement, Procurement Strategic Operations Division.
(e) Voting members.
(1) Voting members of the SEB shall include people who will have key
assignments on the project to which the acquisition is directed. However, it is important that the
appointment of members be tempered to ensure objectivity and to avoid an improper balance. It
may even be appropriate to designate a management official from outside the project as SEB
Chairperson.
(2) Non-government personnel shall not serve as voting members of an SEB.
(3) The SEB shall review the findings of committees, panels, or consultants and
use its own collective judgment to develop the SEB evaluation findings reported to the SSA. All
voting members of the SEB shall have equal status as rating officials.
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(4) SEB membership shall be limited to a maximum of 7 voting individuals.
Wherever feasible, an assignment to SEB membership as a voting member shall be on a full-time
basis. When not feasible, SEB membership shall take precedence over other duties.
(5) The SEB should be comprised of a multidisciplinary team to ensure
comprehensive evaluation of proposals. Voting members should include senior representatives
that have expertise in various functional areas specific to the unique acquisition requirements.
Depending on the scope and requirements of the acquisition, the center procurement officer may
nominate to the SSA a procurement representative to serve as a voting or non-voting member of
the SEB. The following positions shall be voting members of all SEBs:
(i) Chairperson.
(ii) A senior, key technical representative for the project.
(iii) A senior Safety and Mission Assurance (SMA) representative, as
required based upon the type of acquisition.
(iv) Committee chairpersons (except where this imposes an undue
workload).
(f) Ex officio members.
(1) The number of nonvoting ex officio (advisory) members shall be kept as
small as possible. Ex officio members should be selected for the experience and expertise they
can provide to the SEB. Since their advisory role may require access to highly sensitive SEB
material and findings, ex officio membership for persons other than those identified in paragraph
(f)(3) of this section is discouraged.
(2) Nonvoting ex officio members may state their views and contribute to the
discussions in SEB deliberations, but they may not participate in the actual rating process.
However, the SEB recorder should be present during rating sessions.
(3) For field installation selections, the following shall be nonvoting ex officio
members on all SEBs:
(i) Chairpersons of SEB committees, unless designated as voting
members.
(ii) The procurement officer of the installation, unless a voting member.
(iii) The contracting officer responsible for the acquisition, unless
designated a voting member.
(iv) The Chief Counsel and/or designee of the installation.
(v) The installation small business specialist.
(vi) The SEB recorder.
(g) Evaluation.
(1) If committees are used, the SEB Chairperson shall send them the proposals or
portions thereof to be evaluated, along with instructions regarding the expected function of each
committee, and all data considered necessary or helpful.
(2) While oral reports may be given to the SEB, each committee shall submit a
written report which should include the following:
(i) Copies of individual worksheets and supporting comments to the
lowest level evaluated consistent with the solicitation evaluation criteria factors and subfactors;
(ii) An evaluation sheet summarized for the committee as a whole; and
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(iii) The committee findings for each proposal, including documentation
of all significant strengths, strengths, deficiencies, weaknesses, and significant weaknesses
which significantly affected the evaluation and any reservations or concerns, including
supporting rationale, which the committee or any of its members want to bring to the attention of
the SEB.
(3) The SEB process must be adequately documented. Clear traceability must
exist at all levels of the SEB process. All reports submitted by committees or panels will be
retained as part of the SEB records as outlined in paragraph (j) of this section.
(4) Each voting SEB member shall thoroughly review each proposal and any
committee reports and findings. The SEB shall rate or score the proposals for each evaluation
factor and subfactor according to its own collective judgment. The SEB shall document the
results of rating and scoring of proposals.
(h) SEB presentation.
(1) The SEB Chairperson shall brief the SSA on the results of the SEB evaluation
to permit an informed and objective selection of the best source(s) for the particular acquisition.
(2) The presentation shall focus on the significant strengths, deficiencies, and
significant weaknesses found in the proposals, the probable cost of each proposal, and any
significant issues and problems identified by the SEB. This presentation must explain—
(i) Any applicable special standards of responsibility;
(ii) Evaluation factors and subfactors;
(iii) The significant strengths and significant weaknesses of the offerors
which includes a description of the benefits or risks associated with the significant findings;
(iv) The Government independent cost estimate, if applicable;
(v) The offerors' proposed cost/price;
(vi) The probable cost;
(vii) The proposed fee arrangements; and
(viii) The final adjectival ratings and scores to the subfactor level.
The presentation to the SSA shall include the total mission suitability point score for each
offeror’s proposal. An adjectival rating (e.g. excellent, very good, etc.) shall be assigned for
each mission suitability subfactor, but an adjectival rating shall not be assigned for the total
mission suitability factor of each offeror’s proposal. The SEB shall compute the total mission
suitability point score by adding all of the mission suitability subfactors points assessed, with the
maximum possible total mission suitability point score being 1000 points. The total mission
suitability point score does not represent a precise measure of the relative merit of any one
offeror’s proposal, rather it shows an offeror’s relative standing by providing the total points
each offeror’s proposal is assessed out of the possible 1000 points so that the offerors can be
compared.
(3) Attendance at the presentation is restricted to people involved in the selection
process or who have a valid need to know. The designated individuals attending the SEB
presentation(s) shall—
(i) Ensure that the solicitation and evaluation processes complied with all
applicable Agency policies and that the presentation accurately conveys the SEB’s activities and
findings; and
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(ii) Not change the established evaluation factors, subfactors, weights, or
scoring systems, or the substance of the SEB's findings. They may, however, advise the SEB to
rectify procedural omissions, irregularities or inconsistencies, substantiate its findings, or revise
the presentation.
(4) The SEB recorder will coordinate the formal presentation including arranging
the time and place of the presentation, assuring proper attendance, and distributing presentation
material.
(5) For Headquarters selections, the Headquarters Office of Procurement,
Procurement Strategic Operations Division will coordinate the presentation, including approval
of attendees. When the Administrator is the SSA, a preliminary presentation should be made to
the head of the contracting activity and to the Official-in-Charge of the cognizant Headquarters
Program Office.
(i) A source selection statement shall be prepared in accordance with 1815.308 by either
the Office of Procurement, or Office of the General Counsel, or as a collaborative effort.
(j) SEB Records.
(1) The contracting officer shall retain in the official contract file, source
selection documentation in accordance with FAR 4.803(a)(13), Contents of contract files.
Specifically, upon completion of SEB activities, the contracting officer shall retain a copy of the
following source selection evaluation documents in the official contract file for initial proposals
and final proposal revisions (FPR), if applicable:
(i) Each offeror’s proposal.
(ii) The competitive range determination(s).
(iii) The unsuccessful and successful notices sent to offerors.
(iv) If committees were utilized, the committee’s evaluation for each
evaluation factor, including all identified significant strengths, strengths, significant weakness,
weaknesses, and deficiencies, together with supporting rationale, which the committee or any of
its members brought to the attention of the SEB.
(v) Documentation of any clarifications and discussions held with offerors
during the source selection process.
(vi) Initial and final reports containing the SEB’s consensus findings,
including minority reports, if any.
(vii) All presentations from the SEB to the SSA, including those
containing the SEB’s evaluation and rating of proposals.
(viii) The source selection statement.
(2) Extra copies of offerors’ proposals should be stored in a secure facility and
shall be properly disposed of after the time period for filing a protest has expired.
(3) Contracting officers shall handle electronic copies of materials containing
source selection information in the same manner as the hardcopy information.
[PN 22-02]
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Subpart 1815.4—Contract Pricing
1815.403 Obtaining certified cost or pricing data.
1815.403-1 Prohibition on obtaining certified cost or pricing data.
(c)(4) Waivers of the requirement for submission of certified cost or pricing data shall be
prepared in accordance with FAR 1.704. A copy of each waiver shall be sent to the
Headquarters Office of Procurement, Procurement Management & Policy Division.
1815.403-170 Waivers of certified cost or pricing data.
(a) NASA has waived the requirement for the submission of certified cost or pricing data
when contracting with the Canadian Commercial Corporation (CCC). This waiver applies to the
CCC and its subcontractors. The CCC will provide assurance of the fairness and reasonableness
of the proposed price. This assurance should be relied on; however, contracting officers shall
ensure that the appropriate level of data other than certified cost or pricing data is submitted by
subcontractors to support any required proposal analysis, including a technical analysis and a
cost realism analysis. The CCC also will provide for follow-up audit activity to ensure that any
excess profits are found and refunded to NASA.
(b) NASA has waived the requirement for the submission of certified cost or pricing data
when contracting for Small Business Innovation Research (SBIR) program Phase II contracts.
However, contracting officers shall ensure that the appropriate level of data other than certified
cost or pricing data is submitted to determine price reasonableness and cost realism.
1815.403-3 Requiring data other than certified cost or pricing data.
(a)(1) For sole source procurement actions, when requiring data other than certified cost
or pricing data, contracting officers must clearly communicate to the contractor the data that will
be needed to determine that the proposed price is fair and reasonable. The contracting officer
should allow contractors to submit such data in the format consistent with their disclosed
estimating practices and shall not require the contractor to use Government price/cost templates,
models, or forms. For competitive procurement actions, when requesting data other than
certified cost or pricing data, the use of price/cost templates, models, or forms is authorized in
those situations where the contracting officer determines, with the concurrence of the Center
cost/price analysis subject matter expert, that price reasonableness or cost realism cannot be
determined efficiently without the use of the Government template, model, or form; and that
there are demonstrated benefits to utilizing this Government template, model, or form that
outweigh the offerors’ cost to complete the Government template, model, or form. This written
determination shall be included in the contract file and a copy sent to the Headquarters Office of
Procurement, Procurement Management & Policy Division.
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(a)(4) A contractor that refuses to provide requested data other than certified cost or
pricing data may be rendered ineligible for award unless the head of the contracting activity
determines otherwise, in accordance with FAR 15.403-3(a)(4). As such, it is important that
contractor refusals to provide requested pricing information receive the attention of management
at levels higher than the contracting officer, and that contracting officer’s document the extent of
their efforts to obtain the requested data. In these circumstances, the basis for the agreed-to price
may not be an appropriate basis for comparison in determining price reasonableness in future
procurements. Contracting officers should request the necessary data other than certified cost or
pricing data again in future procurements of this item/service and not just rely on the prior price
as being a valid basis for determining price reasonableness on future procurements.
(b) For other than firm-fixed-price competitions, only data other than certified cost or
pricing data necessary to ensure price reasonableness and assess cost realism should be
requested. For firm-fixed-price competitions, the contracting officer shall not request any cost
data, except for the data specifically required by FAR 22.1103, unless cost analysis is warranted,
as permitted by FAR 15.404-1(d)(3). Cost analysis may be warranted in those situations where
the price analysis indicated that the requirements may not be fully understood by one or more
competing offeror(s) such as when proposed price(s) appear unreasonable or unrealistically low
in consideration of the proposed approach(es) giving rise to concerns of poor quality, service
shortfalls, or potential default. Under firm-fixed price service contract competitions, labor rate
and fringe benefit data may be obtained to be used in future wage determination adjustments
under FAR 52.222-41 and FAR 52.222-6. This data, when requested, does not necessarily need
to be part of the competition’s price evaluation.
1815.403-4 Requiring cost or pricing data.
(b)(2) If a certificate of current cost or pricing data is made applicable as of a date other
than the date of price agreement, the agreed date should generally be within two weeks of the
date of that agreement.
1815.404 Proposal analysis.
1815.404-1 Proposal analysis techniques.
(e)(2)(A) The NASA Technical Evaluation Report Template and NASA Technical
Evaluation Guide provide agency-wide guidance to individuals performing a technical analysis of a
contractor’s proposal. The NASA Technical Evaluation Report Template shall be used to document
the technical assessment of all sole source contractor proposals greater than the simplified
acquisition threshold.
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1815.404-2 Data to support proposal analysis.
(a)(1)(A) When the required participation of the ACO involves merely a verification of
information, contracting officers should obtain this verification from the cognizant DCMA
office.
(B) When the cost proposal is for a product of a follow-on nature,
contracting officers shall ensure that the following items, at a minimum are considered: actuals
incurred under the previous contract, learning experience, technical and production analysis, and
subcontract proposal analysis. This information may be obtained through NASA resources or
the cognizant DCMA ACO or DCAA.
(C) Before requesting field pricing support, contracting officers should
determine what information can be obtained from NASA resources, so as to be able to tailor field
pricing support requests to the minimum amount of information truly needed to conduct the
cost/price analysis.
(D) Requests for DCAA audit assistance shall be made on NASA Form
1434, Letter of Request for Pricing-Audit-Technical Evaluation Services. DCAA audit requests
shall be made in accordance with the following:
(1) Audit requests shall only be made after the contracting officer
performs an analysis and concludes that other resources (DCMA, internal analysis, etc.) will not
provide the information necessary to determine that the cost is reasonable and realistic.
(2) Audit requests should not be requested for proposed contracts
or modifications in an amount less than $10M for Fixed-Price proposals and $100M for CostType proposals unless there are exceptional circumstances which are explained in the audit
request.
(3) Audit requests shall not be requested for proposal rate and
factor analysis/verification. All such requests should be made through the cognizant DCMA
ACO.
(4) Audit requests must be approved and submitted to DCAA only
by Center Cost/Price Analysts. Center Cost/Price Analysts shall coordinate all such requests
with Headquarters Office of Procurement, Procurement Management & Policy Division.
(5) Center Cost/Price Analysts will work with the DCAA
Headquarters Financial Liaison Advisor (FLA) at email [email protected] to
arrange contact with field audit offices and facilitate the audit request. Contact Headquarters
Office of Procurement, Procurement Management & Policy Division for name and phone number
of current DCAA HQ FLA.
(E) Field pricing support requests from DCMA shall be made in accordance
with the following:
(1) DCMA field pricing audit requests shall only be made after the
contracting officer performs an analysis and concludes that other resources (e.g. internal
analysis) will not provide the information necessary to determine that the cost is reasonable and
realistic.
(2) Proposal rate and factor analysis/verification and business
system status requests shall be requested only by Center Cost/Price Analysts. Center Cost/Price
Analysts should first check DCMA’s Consolidated Business Analysis Repository (CBAR) for
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this information. If information is not in CBAR, request for this information should be to the
cognizant DCMA ACO for your particular procurement. If cognizant DCMA ACO is unknown,
contact the DCMA NASA Support Desk operated by DCMA NASA Product Operations at email
[email protected] or phone 210-295-0121 to obtain contact information for
cognizant DCMA ACO.
(3) DCMA pricing support should be requested through the
cognizant DCMA ACO for your particular procurement. If cognizant DCMA ACO is unknown,
contact the DCMA NASA Support Desk operated by DCMA NASA Product Operations at email
[email protected] or phone 210-295-0121 to obtain contact information for
cognizant DCMA ACO.
(F) Use of contractor to perform contract audit services.
(1) Except as provided under paragraph (a)(1)(F)(2) of this
section, the use of a contractor to perform contract audit services is not allowed at contractor
locations where DCAA currently conducts contract audit services. In these situations, the
contracting officer should elevate any issues with untimely audit services to the Field Audit
Office (FAO) manager and/or Regional Audit Manager (RAM). If additional assistance is
needed to obtain timely DCAA services, contracting officers may request such assistance from
the Headquarters Office of Procurement, Procurement Management & Policy Division.
(2) In those instances in which DCAA has audit cognizance for a
particular contractor yet DCAA is unable to perform contract audit services, contracting officers
can use a contractor to perform the required contract audit services in lieu of DCAA.
(i) For proposal, financial capability, and accounting
system reviews, interim and final contract billings, contract audit closing statements, requests for
equitable adjustments, contract terminations, defective pricing reviews, compliance with Cost
Accounting Standards (CAS), earned value management (EVM) systems, and estimating systems
reviews.
(ii) For incurred cost audit services, purchasing systems,
and other internal controls within the contractor's operational environment, if the portion of the
current contractor fiscal year work performed for NASA is more than 50 percent of their
business base.
1815.404-4 Profit.
(b)(1)(i)(A) The NASA structured approach for determining profit or fee objectives,
described in 1815.404-470 shall be used to determine profit or fee objectives in the negotiation
of contracts greater than or equal to the simplified acquisition threshold that use cost analysis and
are–
(1) Awarded on the basis of other than full and open competition
(see FAR 6.3);
(2) Awarded under NRAs and AOs; or
(3) Awarded under the SBIR or the STTR programs.
(B) Although specific agreement on the applied weights or values for
individual profit or fee factors shall not be attempted, the contracting officer may encourage the
contractor to –
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(1) Present the details of its proposed profit amounts in the
structured approach format or similar structured approach; and
(2) Use the structured approach method in developing profit or fee
objectives for negotiated subcontracts.
(ii) The use of the NASA structured approach for profit or fee is not required
for—
(A) A&E contracts;
(B) Management contracts for operation and/or maintenance of
Government facilities;
(C) Construction contracts;
(D) Contracts primarily requiring delivery of materials supplied by
subcontractors;
(E) Termination settlements; and
(F) Contracts having unusual pricing situations when the procurement
officer determines in writing that the structured approach is unsuitable.
1815.404-470 NASA Form 634.
NASA Form 634 shall be used in performing the analysis necessary to develop profit or fee
objectives as required in 1815.404-4(b)(1)(i)(A). Contracting officers shall complete and
document the profit or fee analysis in the contract file in accordance with the instruction sheet
attached to the NASA Form 634.
1815.404-471 NASA structured approach for profit or fee objective.
1815.404-471-1 Modification to structured profit/fee approach for nonprofit organizations.
(a) The NASA structured approach was designed for determining profit or fee objectives
for commercial organizations. However, the NASA structured approach shall be used as a basis
for arriving at profit/fee objectives for nonprofit organizations (FAR 31.7), excluding
educational institutions (FAR 31.3), in accordance with paragraph (b) of this section. It is NASA
policy not to pay profit or fee on contracts with educational institutions.
(b) For contracts with nonprofit organizations under which profit or fee is involved, an
adjustment of up to 3 percent of the costs in Block 13 of NASA Form 634 must be subtracted
from the total profit/fee objective. In developing this adjustment, it is necessary to consider the
following factors:
(1) Tax position benefits.
(2) Granting of financing through letters of credit.
(3) Facility requirements of the nonprofit organization.
(4) Other pertinent factors that may work to either the advantage or disadvantage
of the contractor in its position as a nonprofit organization.
1815.404-472 Payment of profit or fee under letter contracts.
NASA's policy is to pay profit or fee only on definitized contracts.
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1815.406 Documentation.
1815.406-1 Prenegotiation objectives.
(b)(i) Before conducting negotiations requiring installation or Headquarters review,
contracting officers or their representatives shall prepare a prenegotiation position memorandum
(PPM). The contracting officer shall use the agency “Pre-negotiation Position Memorandum”
template when preparing and documenting pre-negotiation objectives.
(ii) A PPM is not required for contracts awarded under the competitive
negotiated procedures of FAR 15.3 and 1815.3.
1815.406-170 Reserved.
1815.406-171 Installation reviews.
Each contracting activity shall establish procedures to review all PPMs. The scope of coverage,
exact procedures to be followed, levels of management review, cost/price analyst review, and
contract file documentation requirements should be directly related to the dollar value and
complexity of the acquisition. The primary purpose of these reviews is to ensure that the
negotiator, or negotiation team, is thoroughly prepared to enter into negotiations with a wellconceived, realistic, and fair plan.
1815.406-172 Headquarters reviews.
(a) When a prenegotiation position has been selected for Headquarters review and
approval, the contracting activity shall submit to the Office of Procurement, Procurement
Strategic Operations Division, one copy each of the PPM, the contractor's proposal, the
Government technical evaluation, and all pricing reports (including any audit reports).
(b) The required information described in paragraph (a) of this section shall be furnished
to Headquarters as soon as practicable and sufficiently in advance of the planned commencement
of negotiations to allow a reasonable period of time for Headquarters review. Electronic
submittal is preferred.
(c) When a procurement action has been selected for a Headquarters led cost/price
analysis peer review, the contracting activity shall submit to the Headquarters Office of
Procurement, Procurement Management & Policy Division a copy of the procurement schedule.
Based upon this information, the cost/price analysis peer review team lead will contact the
contracting officer to establish the peer review team’s review schedule. Cost/price analysis peer
reviews assess the cost/price analysis approach with special emphasis given to ensure a complete
and thorough analysis is completed and documented.
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1815.406-3 Documenting the negotiation.
(a)(i) A price negotiation memorandum (PNM) is not required for a contract awarded
under competitive negotiated procedures. However, the information required by FAR 15.406-3
shall be reflected in the evaluation and selection documentation to the extent applicable.
(ii) When the PNM is a "stand-alone" document, it shall contain the information
required by the FAR and NFS for both PPMs and PNMs. However, when a PPM has been
prepared under 1815.406-1, the subsequent PNM need only provide any information required by
FAR 15.406-3 that was not provided in the PPM, as well as any changes in the status of factors
affecting cost elements (e.g., use of different rates, hours, or subcontractors; wage rate
determinations; or the current status of the contractor's systems). In these situations, the PPM
will accompany the PNM during the review process.
1815.407 Special cost or pricing areas.
1815.407-2 Make-or-buy programs.
(e)(1) Make-or-buy programs should not include items or work efforts estimated to cost
less than $500,000.
1815.408 Solicitation provisions and contract clauses.
1815.408-70 NASA solicitation provisions and contract clauses.
(a) The contracting officer shall insert the provision at 1852.215-78, Make-or-Buy
Program Requirements, in solicitations requiring make-or-buy programs as provided in FAR
15.407-2(c). This provision shall be used in conjunction with the clause at FAR 52.215-9,
Changes or Additions to Make-or-Buy Program. The contracting officer may add additional
paragraphs identifying any other information required in order to evaluate the program.
(b) The contracting officer shall insert the clause at 1852.215-79, Price Adjustment for
"Make-or-Buy" Changes, in contracts that include FAR 52.215-9 with its Alternate I or II. Insert
in the appropriate columns the items that will be subject to a reduction in the contract value.
(c) When the solicitation requires the submission of certified cost or pricing data, the
contracting officer shall include 1852.215-85, Proposal Adequacy Checklist, in the solicitation to
facilitate submission of a thorough, accurate, and complete proposal.
Subpart 1815.5—Preaward, Award, and Postaward
Notifications, Protests, and Mistakes
1815.504 Award to successful offeror.
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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.
1815.505 Preaward debriefing of offerors.
The NASA Procurement Debriefing Guide provides agency-wide guidance for preaward
debriefings.
1815.506 Postaward debriefing of offerors.
The NASA Procurement Debriefing Guide provides agency-wide guidance for postaward
debriefings and is available at the link provided in 1815.505.
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 Senior
Procurement Executive. Requests for approval should be submitted through the Procurement
Operations Division.
Subpart 1815.6—Unsolicited Proposals
1815.602 Policy.
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://prod.nais.nasa.gov/pub/pub_library/unSolProp.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.
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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 1835.01671), 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.
(a) The Deputy Assistant Administrator for Procurement serves as the Agency
Procurement Ombudsman, except when acting as the Agency Senior Procurement Executive. In
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these situations, the Director of the Procurement Management and Policy Division (PMPD) will
serve as the Agency Procurement Ombudsman.
(b) Designated individual within the Office of the Center Director at each NASA
installation are the procurement ombudsman for program/project contracting activities at their
installation. See Procurement Ombudsman / Competition Advocate Points of Contact listing.
(c) The functional owners for institutional programs (e.g. Assistant Administrator for
Office of Protective Services) are the procurement ombudsman for their institutional
procurement activities. See Procurement Ombudsman / Competition Advocate Points of Contact
listing.
(d) Agency and Center Procurement Ombudsman responsibilities:
(1) Facilitate communications between NASA and interested parties (e.g.,
offerors, potential offerors, contractors, and industry representatives) in the resolution of matters
arising during the pre-award and post-award phases of a procurement. Additionally, interested
parties may provide recommendations on the way NASA can improve its acquisition process.
However, interested parties must try to resolve their concerns with the contracting officer before
consulting with a Procurement Ombudsman.
(2) Review complaints relative to multiple-award task and delivery order
contracts, awarded under FAR 16.505 to ensure that all contractors are afforded a fair
opportunity to be considered.
(3) Collect all relevant facts to resolve issues raised by interested parties.
Collection of source selection and proprietary information will be coordinated with the
contracting officer or, if appropriate, the Source Evaluation Board (SEB) chairperson.
Procurement Ombudsmen are granted access to source selection and proprietary information and
will comply with the requirements in FAR 3.104-5 and 15.201(f). Information shall be obtained
from officials responsible for the Freedom of Information Act prior to the release of Agency
records.
(4) Agency Procurement Ombudsman handles matters that cannot be resolved at
the Center level or those having Agency-wide implications.
(e) The role of the Procurement Ombudsman will not diminish the authority of the
contracting officer, Source Evaluation Board, or Source Selection Authority. The Procurement
Ombudsman Program does not replace the FAR contract protest or disputes processes.
Moreover, communications with a Procurement Ombudsman does not affect the time limits for
filing a protest or appealing a contracting officer's final decision as described in FAR Part 33.
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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 with the associated link.
See PCD 19-03 for clause deviation to 1852.215-84, Alternate I.
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.
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PART 1816
TYPES OF CONTRACTS
TABLE OF CONTENTS
1816.001
Definitions.
SUBPART
1816.104
1816.104-70
1816.1
SELECTING CONTRACT TYPES
Factors in selecting contract types.
Contract type for performance-based acquisition (PBA).
SUBPART
1816.202
1816.202-70
1816.203
1816.203-4
1816.2
FIXED-PRICE CONTRACTS
Firm-fixed-price contracts.
NASA contract clause.
Fixed-price contracts with economic price adjustment.
Contract clauses.
SUBPART
1816.303-70
1816.306
1816.307
1816.307-70
1816.3
COST-REIMBURSEMENT CONTRACTS
Cost-sharing contracts.
Cost-plus-fixed-fee contracts.
Contract clauses.
NASA contract clauses.
SUBPART 1816.4
1816.401
1816.402
1816.402-2
1816.402-270
1816.404
1816.405
1816.405-2
1816.405-270
1816.405-271
1816.405-272
1816.405-273
1816.405-274
1816.405-275
1816.405-276
1816.405-277
1816.406
1816.406-70
INCENTIVE CONTRACTS
General.
Application of pre-determined, formula-type incentives.
Performance incentives.
NASA technical performance incentives.
Fixed-price contracts with award fees.
Cost-reimbursement incentive contracts.
Cost-plus-award-fee (CPAF) contracts.
CPAF contracts.
Base fee.
Award fee evaluation periods.
Award fee evaluations.
Award fee evaluation factors.
Award fee evaluation rating.
Award fee payments and limitations.
Award term.
Contract clauses.
NASA contract clauses.
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SUBPART
1816.504
1816.505
1816.505-70
1816.505-71
1816.505-72
1816.506
1816.506-70
1816.5
INDEFINITE-DELIVERY CONTRACTS
Indefinite quantity contracts.
Ordering.
Task Ordering.
Task and delivery order contract ordering period.
Task and delivery order contract performance periods.
Solicitation provisions and contract clauses.
NASA contract clause.
SUBPART
1816.6
TIME-AND-MATERIALS, LABOR-HOUR, AND LETTER
CONTRACTS
Determination and Findings.
Letter contracts.
Application.
Approvals.
1816.601-1
1816.603
1816.603-2
1816.603-370
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PART 1816
TYPES OF CONTRACTS
1816.001 Definitions.
As used in this part—
“Earned Award Fee” means the payment of the full amount of an award fee evaluation period’s
score/rating.
“Term-determining official” means the designated Agency official who reviews the
recommendations of the Award Term Board in determining whether the contractor is eligible for
an award term.
“Unearned Award Fee” means the difference between the available award fee pool amount for a
given award fee evaluation period less the contractor’s earned award fee amount for that same
evaluation period.
Subpart 1816.1—Selecting Contract Types
1816.104 Factors in selecting contract types.
1816.104-70 Contract type for performance-based acquisition (PBA).
(a) PBA is defined in FAR 2.101 and discussed in FAR 37.6. Although FAR Part 37
addresses services contracts, PBA is not limited to these contracts. PBA is the preferred way of
contracting for all supplies and services at NASA. Generally, when contract performance risk
under a PBA specification can be fairly shifted to the contractor to allow for the operation of
objective incentives, a contract type with objectively measurable incentives (e.g., FFP, FPIF, or
CPIF) is appropriate. However, when contractor performance (e.g., cost control, schedule, or
quality/technical) is best evaluated subjectively using quantitative measures, a CPAF contract
may be used.
(b) A PBA is a completion form of contract (something is accomplished). Term/levelof-effort, time-and-materials and labor hour contracts should include, when feasible, features that
are performance-oriented. However, those contracts may not be characterized as PBA.
Subpart 1816.2—Fixed-Price Contracts
1816.202 Firm-fixed-price contracts.
1816.202-70 NASA contract clause.
The contracting officer shall insert the clause at 1852.216-78, Firm-Fixed-Price, in firm-fixedprice solicitations and contracts. Insert the appropriate amount in the resulting contract.
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1816.203 Fixed-price contracts with economic price adjustment.
1816.203-4 Contract clauses.
(a) In addition to the determination required by FAR 16.203-3, the contracting officer
shall coordinate with the installation's Deputy Chief Financial Officer (Finance) before
exceeding the ten-percent limit in paragraph (c)(1) of the clauses at FAR 52.216-2 and 52.216-3
and paragraph (c)(4) of the clause at FAR 52.216-4.
(d)(2) Contracting officers shall contact the Headquarters Office of Procurement,
Procurement Management & Policy Division, for specific guidance on preparing clauses using
cost indexes. Such clauses require advance approval by the Senior Procurement Executive.
Requests for approval shall be submitted to the Headquarters Office of Procurement,
Procurement Strategic Operations Division.
Subpart 1816.3—Cost-Reimbursement Contracts
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 nonFederal 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.
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(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 should include, when feasible, features that are
performance-oriented. However, those contracts may not be characterized as PBA.
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.
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 1816.30370.
(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.
(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) Reserved.
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(f) When FAR clause 52.216-7, Allowable Cost and Payment, is included in the contract,
as prescribed at FAR 16.307(a), the contracting officer should include the clause at 1852.216-89,
Assignment and Release Forms.
(g) As required by section 827 of the National Defense Authorization Act for Fiscal Year
2013 (Pub. L. 112-239), use the clause at 1852.216-90, Allowability of Costs Incurred in
Connection With a Whistleblower Proceeding—
(1) In task orders entered pursuant to contracts awarded before September 30,
2013, that include the clause at FAR 52.216-7, Allowable Cost and Payment; and
(2) In contracts awarded before September 30, 2013, that—
(i) Include the clause at FAR 52.216-7, Allowable Cost and Payment; and
(ii) Are modified to include the clause at 1852.203-71, Requirement to
Inform Employees of Whistleblower Rights, dated June 2013 or later.
Subpart 1816.4—Incentive Contracts
1816.401 General.
(a) See the Award Fee Contracting Guide for additional guidance on the organization
and administration of award fee contracts.
(d) Use of an incentive, award fee, or award term contract requires advance approval by
the Senior Procurement Executive. Requests for approval, that include Determination &
Findings (D&F) cited in FAR 16.401(d), shall be submitted to Headquarters Office of
Procurement, Procurement Strategic Operations Division.
(e)(3)(i) Fee-Determining Official and Term-Determining Official shall be the head of
the contracting activity unless otherwise delegated in writing.
(f) In accordance with FAR 16.401(f) for Cost Plus Award Fee or Fixed Price Award
Fee type contracts, contracting officers shall complete evaluation information in the Award Fee
Evaluation System module in the NASA Acquisition Internet Service. (See 1842.1503(c))
[PN 18-01]
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;
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(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 that are 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 the contracting activity. Performance incentives may be included in supply and service
contracts valued under $25 million, acquired under procedures other than Part 12, at the
discretion of the contracting officer upon consideration of the guidelines in 1816.402.
Performance incentives, which are objective and measure 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 performance after 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 performance requirement. This standard performance level
is normally the contract's target level of performance. No performance 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 or negative,
and its associated unit of measurement should reflect the value to the Government of that level of
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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 performance,
as defined in the contract, ceases or when the maximum positive incentive is reached. When
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 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 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 supply or service lends itself to multiple, meaningful measures
of performance, multiple performance incentives may be established. When the contract requires
the sequential delivery of several 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 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 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.
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1816.405 Cost-reimbursement incentive contracts.
1816.405-2 Cost-plus-award-fee (CPAF) contracts.
1816.405-270 CPAF contracts.
(a) In addition to the items identified in FAR 16.401(e)(1), D&Fs will 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. Use of award fee incentive for lowervalued acquisitions may be authorized 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 development, the procurement officer may authorize the use of a base fee not to exceed
3 percent. Base fee shall not be used when an award fee incentive is used in conjunction with
another contract type (e.g., CPIF/AF).
(b) When a base fee is authorized for use in a CPAF contract, it shall be paid only if the
final award fee evaluation is "satisfactory" or better. (See 1816.405-273 and 1816.405-275)
Pending final evaluation, base fee may be paid during the life of the contract at defined intervals
on a provisional basis. If the final award fee evaluation is "unsatisfactory", all provisional base
fee payments shall be refunded to the Government.
1816.405-272 Award fee evaluation periods.
(a) Award fee evaluation periods, including those for interim evaluations, should be at
least 6 months in length. When appropriate, the procurement officer may authorize shorter
evaluation periods after ensuring that the additional administrative costs associated with the
shorter periods are offset by benefits accruing to the Government. Where practicable, such as
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developmental contracts with defined performance milestones (e.g., Preliminary Design Review,
Critical Design Review, initial system test), establishing evaluation periods at conclusion of the
milestones rather than calendar dates, or in combination with calendar dates should be
considered. In no case shall an evaluation period be longer than 12 months.
(b) A portion of the total available award fee contract shall be allocated to each of the
evaluation periods. This allocation may result in an equal or unequal distribution of fee among
the periods. The contracting officer shall consider the nature of each contract and the incentive
effects of fee distribution in determining the appropriate allocation structure.
(c) For NASA’s most significant contracts for design and development programs and
projects, with a life-cycle cost of $250 million or more, or otherwise designated by the NASA
Associate Administrator, the award fee evaluation period shall be limited to six months for
contracts in the implementation phase (i.e. Phases C and D).
[PN 19-01]
1816.405-273 Award fee evaluations.
(a) Service Contracts. On contracts where the contract deliverable is the performance of
a service over any given time period, contractor performance is definitively measurable within
each evaluation period. In these cases, all evaluations are final, and the contractor keeps the fee
earned in any period regardless of the evaluations of subsequent periods. Unearned award fee in
any given period in a service contract is lost and shall not be carried forward, or "rolled-over,"
into subsequent periods.
(b) End Item Contracts. On contracts, such as those for end item deliverables, where the
true quality of contractor performance cannot be measured until the end of the contract, only the
last evaluation is final. At that point, the total contract award fee pool is available, and the
contractor's total performance is evaluated against the award fee plan to determine total earned
award fee. In addition to the final evaluation, interim evaluations are done to monitor
performance prior to contract completion, provide feedback to the contractor on the
Government's assessment of the quality of its performance, and establish the basis for making
interim award fee payments (see 1816.405-276(a)). These interim evaluations and associated
interim award fee payments are superseded by the fee determination made in the final evaluation
at contract completion. However, if the final award fee adjectival rating is higher or lower than
the average adjectival rating of all the interim award fee periods, or if the final award fee score is
eight base percentage points higher or lower than the average award fee score of all interim
award fee periods (e.g. 80% to 88%), then the Head of the Contracting Activity (HCA) or the
Deputy Chief Acquisition Officer (if the HCA is the Fee Determination Official) shall review
and concur in the final award fee determination. The Government will then pay the contractor,
or the contractor will refund to the Government, the difference between the final award fee
determination and the cumulative interim fee payments.
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(c) Control of evaluations. Interim and final evaluations may be used to provide past
performance information during the source selection process in future acquisitions and should be
marked and controlled as “Source Selection Information - See FAR 3.104”. See FAR
42.1503(h) regarding the requirements for releasing Source Selection Information included in the
Contractor Performance Assessment Reporting System (CPARS).
(d) Providing award fee evaluations to Headquarters. Award fee evaluations for NASA’s
most significant contracts for design and development programs and projects, with a lifecycle
cost of $1 billion or more, shall require additional review prior to the Fee Determination Official
(FDO) making a final determination in writing as to the amount of fee to be paid. The FDO shall
provide award fee determination letter and performance evaluation board recommendations to a
NASA Headquarters, independent panel, comprised of the NASA Assistant Administrator for
Procurement or Deputy, NASA Chief Financial Officer or Deputy, NASA General Counsel or
Deputy, Program Manager (from a different program), and Center Director (from a Center other
than where the program is hosted).
[PN 19-01, PN 22-11]
1816.405-274 Award fee evaluation factors.
See PCD 10-17 for further guidance.
(a) Explicit evaluation factors shall be established for each award fee period. Factors
shall be linked to acquisition objectives which shall be defined in terms of contract cost,
schedule, and technical performance. If used, subfactors should be limited to the minimum
necessary to ensure a thorough evaluation and an effective incentive.
(b) Evaluation factors will be developed by the contracting officer based upon the
characteristics of an individual procurement. Cost control, schedule, and technical performance
considerations shall be included as evaluation factors in all CPAF contracts, as applicable. When
explicit evaluation factor weightings are used, cost control shall be no less than 25 percent of the
total weighted evaluation factors. The predominant consideration of the cost control evaluation
should be a measurement of the contractor's performance against the negotiated estimated cost of
the contract. This estimated cost may include the value of undefinitized change orders when
appropriate.
(c)(1) The technical factor must include consideration of risk management (including
mission success, safety, security, health, export control, and damage to the environment, as
appropriate) unless waived at a level above the contracting officer, with the concurrence of the
project manager. The rationale for any waiver shall be documented in the contract file. When
safety, export control, or security are considered under the technical factor, the award fee plan
shall allow the following fee determinations, regardless of contractor performance in other
evaluation factors, when there is a major breach of safety or security.
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(i) For evaluation of service contracts under 1816.405-273(a), an overall
fee rating of unsatisfactory for any evaluation period in which there is a major breach of safety or
security.
(ii) For evaluation of end item contracts under 1816.405-273(b), an
overall fee rating of unsatisfactory for any interim evaluation period in which there is a major
breach of safety or security. To ensure that the final award fee evaluation at contract completion
reflects any major breach of safety or security, in an interim period, the overall award fee pool
shall be reduced by the amount of the fee available for the period in which the major breach
occurred if an unsatisfactory fee rating was assigned because of a major breach of safety or
security.
(2) A major breach of safety must be related directly to the work on the contract.
A major breach of safety is an act or omission of the Contractor that consists of an accident,
incident, or exposure resulting in a fatality or mission failure; or in damage to equipment or
property equal to or greater than $1 million; or in any “willful” or “repeat” violation cited by the
Occupational Safety and Health Administration (OSHA) or by a state agency operating under an
OSHA approved plan.
(3) A major breach of security may occur on or off Government installations, but
must be directly related to the work on the contract. A major breach of security is an act or
omission by the contractor that results in compromise of classified information, illegal
technology transfer, workplace violence resulting in criminal conviction, sabotage, compromise
or denial of information technology services, equipment or property damage from vandalism
greater than $250,000, or theft greater than $250,000.
(4) The Assistant Administrator for Procurement shall be notified prior to the
determination of an unsatisfactory award fee rating because of a major breach of safety or
security.
(d) In rare circumstances, contract costs may increase for reasons outside the contractor's
control and for which the contractor is not entitled to an equitable adjustment. One example is a
weather-related launch delay on a launch support contract. The Government shall take such
situations into consideration when evaluating contractor cost control.
(e) Emphasis on cost control should be balanced against other performance requirement
objectives. The contractor should not be incentivized to pursue cost control to the point that
overall performance is significantly degraded. For example, incentivizing an underrun that
results in direct negative impacts on technical performance, safety, or other critical contract
objectives is both undesirable and counterproductive. Therefore, evaluation of cost control shall
conform to the following guidelines:
(1) Normally, the contractor should be given an unsatisfactory rating for cost
control when there is a significant overrun within its control. However, the contractor may
receive a satisfactory or higher rating for cost control if the overrun is insignificant. Award fee
ratings should decrease sharply as the size of the overrun increases. In any evaluation of
contractor overrun performance, the Government shall consider the reasons for the overrun and
assess the extent and effectiveness of the contractor's efforts to control or mitigate the overrun.
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(2) The contractor should normally be rewarded for an underrun within its
control, up to the maximum award fee rating allocated for cost control, provided the adjectival
rating for all other award fee evaluation factors is very good or higher (see FAR 16.401(e)(iv)).
(3) The contractor should be rewarded for meeting the estimated cost of the
contract, but not to the maximum rating allocated for cost control, to the degree that the
contractor has prudently managed costs while meeting contract requirements. No award fee shall
be given in this circumstance unless the average adjectival rating for all other award fee
evaluation factors is satisfactory or higher.
(f) When an AF arrangement is used in conjunction with another contract type, the award
fee’s cost control factor will only apply to a subjective assessment of the contractor’s efforts to
control costs and not the actual cost outcome incentivized under the basic contract type (e.g.
CPIF, FPIF).
(g)(1) The contractor's performance against the subcontracting plan incorporated in the
contract shall be evaluated. Emphasis may be placed on the contractor's accomplishment of its
goals for subcontracting with small business, small disadvantaged business, HUBZone small
business, women-owned small business, veteran-owned small business, service-disabled veteranowned small business concerns, and Historically Black Colleges and Universities – Minority
Institutions (HBCU/MIs). The evaluation should consider both goals as a percentage of
subcontracting dollars as well as a percentage of the total contract value.
(2) The contractor's achievements in subcontracting high technology efforts as
well as the contractor's performance under the Mentor-Protégé Program, if applicable, may also
be evaluated.
(3) The evaluation weight given to the contractor's performance against the
considerations in paragraphs (g)(1) and (g)(2) of this section shall be 10 percent of available
award fee and shall be separate from all other factors.
(h) When contract changes are anticipated, the contractor’s responsiveness to requests
for change proposals should be evaluated. This evaluation should include the contractor’s
submission of timely, complete proposals and cooperation in negotiating the change.
(i) Only the award fee performance evaluation factors set forth in the performance
evaluation plan shall be used to determine award fee scores.
(j) The Government may unilaterally modify the applicable award fee performance
evaluation factors and performance evaluation areas prior to the start of an evaluation period.
The contracting officer shall notify the contractor in writing of any such changes 30 days prior to
the start of the relevant evaluation period.
1816.405-275 Award fee evaluation rating.
(a) All award fee contracts shall utilize the adjectival rating categories and associated
descriptions as well as the award fee pool available to be earned percentages for each adjectival
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rating category contained in FAR 16.401(e)(3)(iv). Contracting officers may supplement these
descriptions with more specifics relative to their procurement but they cannot alter or delete the
FAR adjectival rating descriptions.
(b) The following numerical scoring system shall be used in conjunction with the FAR
adjectival rating categories and associated descriptions (see FAR 16.401(e)(3)(iv)).
(1) Excellent (100-91)
(2) Very good (90-76)
(3) Good (75-51)
(4) Satisfactory (50)
(5) Unsatisfactory (less than 50) No award fee shall be paid for an unsatisfactory
rating.
(c) As a benchmark for evaluation, in order to be rated "Excellent" overall, the contractor
would typically be under cost, on or ahead of schedule, and providing outstanding technical
performance.
(d) A weighted scoring system appropriate for the circumstances of the individual
contract requirement should be developed. In this system, each evaluation factor (e.g., technical,
schedule, cost control) is assigned a specific percentage weighting with the cumulative
weightings of all factors totaling 100. During the award fee evaluation, each factor is scored
from 0-100 according to the ratings defined in 1816.405-275(b). The numerical score for each
factor is then multiplied by the weighting for that factor to determine the weighted score. For
example, if the technical factor has a weighting of 60 percent and the numerical score for that
factor is 80, the weighted technical score is 48 (80 x 60 percent). The weighted scores for each
evaluation factor are then added to determine the total award fee score.
1816.405-276 Award fee payments and limitations.
(a) Interim Award Fee Payments. The amount of an interim award fee payment (see
1816.405-273(b)) is limited to the lesser of the interim evaluation score or 80 percent of the fee
allocated to that interim period less any provisional payments (see paragraph (b) of this
subsection) made during the period.
(b) Provisional Award Fee Payments. Provisional award fee payments are payments
made within evaluation periods prior to an interim or final evaluation for that period. Provisional
payments may be included in the contract and should be negotiated on a case-by-case basis. For
a service contract, the total amount of award fee available in an evaluation period that may be
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, except for the first evaluation period which is limited to 80
percent of the available award fee for that evaluation period.
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(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.
1816.405-277 Award term.
(a) An award term enables a contractor to become eligible for additional periods of
performance or ordering periods under a service contract (as defined in FAR 37.101) by
achieving and sustaining the prescribed performance levels under the contract. It incentivizes the
contractor for maintaining superior performance by providing an opportunity for extensions of
the contract term.
(b) Award terms are best suited for acquisitions where a longer term relationship
(generally more than five years) between the Government and a contractor would provide
significant benefits to both. Motivating excellent performance, fostering contractor capital
investment, and increasing the desirability of the award, thus potentially increasing competition,
are benefits that may justify the use of award terms.
(c) While the administrative burden and cost of more frequent procurements to both the
Government and potential offerors should be considered when determining whether to use award
terms, this decision must be weighed against market stability, the potential changes and
advancements in technology, and flexibility to change direction with mission changes and
associated frequent procurements.
(d) Award terms may be used in conjunction with contract options under FAR 17.2.
Award terms are similar to contract options in that they are conditioned on the Government's
continuing need for the contract and the availability of funds. However, FAR 17.207(c)(7) states
the contracting officer must determine that the contractor's performance has been acceptable,
e.g., received satisfactory ratings. In contrast, to become eligible for an award term, the
contractor must maintain a level of performance above acceptable as specified in the Award
Term Plan (see 1816.405-277(i)). In contracts with both option periods and award terms, the
award term period of performance or ordering period shall begin after completion of any option
period of performance or ordering period.
(e) Contracts with award terms shall include a base period of performance or ordering
period and may include a designated number of option periods during which the Government
will observe and evaluate the contractor's performance allowing the contractor to earn an award
term. Additionally, as specified in the Award Term Plan, the contractor may also be evaluated
for additional award terms during performance of an earned award term. If the contractor meets
or exceeds the performance requirements, there is an on-going need for and desire to continue
the contract, funds are available, and the contractor is not listed in the System for Award
Management Exclusions, then the contractor may be eligible for contract extension for the period
of the award term.
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(f) Contracts with award terms shall comply with FAR and NFS restrictions on the
overall contract length, such as the 5-year period of performance limitation found at NFS
1817.204.
(g) Award terms may only be used in acquisitions for services exceeding $20 million
dollars. Use of award terms for lower-valued acquisitions may be authorized 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.
(h) Consistent with the Competition in Contracting Act and general procurement
principles, the potential award term periods in a procurement must be priced, evaluated, and
considered in the initial contract selection process in order to be valid.
(i) All contracts including award terms shall be supported by an Award Term Plan that
establishes criteria for earning an award term and the methodology and schedule for evaluating
contractor performance. A copy of the Award Term Plan shall be included in the contract. The
contracting officer may unilaterally revise the Award Term Plan. Award Term Plans shall—
(1) Identify the officials to include Term-Determining Official involved in the
award term evaluation and their function;
(2) Identify and describe each evaluation factor, any subfactors, related
performance standards, adjectival ratings, and numerical ranges or weights to be used. The
contracting officer should follow the guidance at 1816.405-274 in establishing award term
evaluation factors and 1816.405-275 in establishing adjectival rating categories, associated
descriptions, numerical scoring system, and weighted scoring system;
(3) Specify the annual overall rating required for the contractor to be eligible for
an award term that reflects a level of performance above acceptable and the number of award
terms the contractor may qualify for based on the rating score;
(4) Identify the evaluation period(s) and the evaluation schedule to be conducted
at stated intervals during the contract period of performance or ordering period so that the
contractor will periodically be informed of the quality of its performance and the areas in which
improvement is expected (e.g., six months, nine months, twelve months, or at other specific
milestones), and when the decision points are for the determination that the contractor is eligible
for an award term; and
(5) Identify the contract's base period of performance or ordering period, any
option period(s), and total award-term periods(s). Award term periods shall not exceed one year.
(j)(1) The Government has the unilateral right not to grant or to cancel award term
periods and the associated Award Term Plans if—
(i) The contractor has failed to achieve the required performance
measures for the corresponding evaluation period;
(ii) After earning an award term, the contractor fails to earn an award
term in any succeeding year of contract performance, the contracting officer may cancel any
award terms that the contractor has earned, but that have not begun;
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(iii) The contracting officer notifies the contractor that the Government no
longer has a need for the award term period before the time an award term period is to begin;
(iv) The contractor represented that it was a small business concern prior
to award of the contract, the contract was set-aside for small businesses, and the contractor
rerepresents in accordance with FAR clause 52.219-28 Post-Award Small Business Program
Rerepresentation, that it is no longer a small business; or
(v) The contracting officer notifies the contractor that funds are not
available for the award term.
(2) When an award term period is not granted or cancelled, any—
(i) Prior award term periods for which the contractor remains otherwise
eligible are unaffected.
(ii) Subsequent award term periods are also cancelled.
(k) Cancellation of an award term period that has not yet commenced for any of the
reasons set forth in paragraph (j) of this section shall not be considered either a termination for
convenience or termination for default, and shall not entitle the contractor to any termination
settlement or any other compensation. If the award term is cancelled, a unilateral modification
will cite the clause as the authority.
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.
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(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 supply or service contracts at the
discretion of the contracting officer.
(g) Insert the clause at 1852.216-72, Award Term in solicitations and contracts for
services exceeding $20 million when award terms are contemplated.
Subpart 1816.5—Indefinite-Delivery Contracts
1816.504 Indefinite quantity contracts.
(a) Description.
(4)(ii) IDIQ service contract values and task order values shall be expressed only
in dollars.
(a)(4)(v) See 1815.7003.
(c) Multiple award preference—
(1)(ii)(D)(1) The authority to make the determination to award a task or delivery
order contract authorized at FAR 16.504(c)(1)(ii)(D)(1), is delegated to Senior Procurement
Executive. Requests for approval of this determination shall be submitted through the cognizant
Headquarters Office of Procurement, procurement portfolio manager. The request for approval
shall document that the contracting officer, with input from the requiring organization,
considered establishing a defined core portion of the requirement in the single award IDIQ
contract by following the procedures listed in paragraph (2) of this section.
(v) To reduce transactional costs, minimize the number of task orders for
similar performance requirements, and reduce the administrative burden to the Government,
NASA’s policy is that single award IDIQ contracts, to the maximum extent possible, contain a
core requirement, in addition to the task order(s) that specify discrete requirements. When
considering inclusion of a core requirement—
(A) The requiring organization shall identify the known, defined,
and recurring requirements anticipated to be awarded under the single award IDIQ contract. If
available, the requiring organization shall review the predecessor contract information to identify
any recurring requirements. If the identified recurring requirements will be needed for the
duration of the contract, the contracting officer should include these requirements in the core
portion of the single award IDIQ contract or justify, with input from the requiring organization,
why those requirements cannot be part of the core portion of the IDIQ contract.
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(B) The contracting officer and the requiring organization shall
analyze the historical staffing levels, labor hours and variations in annual cost of predecessor
contract(s). If the staffing levels, labor hours and annual costs were relatively consistent over the
previous contract and the requirements are recurring, the contracting officer shall include the
recurring requirements in the core portion of the single award IDIQ contract or justify, with input
from the requiring organization, why those requirements cannot be part of the core portion of the
IDIQ contract.
(2)(i)(A) The authority to make the determination authorized at FAR
16.504(c)(2)(i)(A), is delegated to the head of the contracting activity (HCA).
(B) The authority to make the determination authorized at FAR
16.504(c)(2)(i)(B), is delegated to the HCA.
(ii) The authority to make the determination authorized at FAR 16.504(c)(2)(ii),
is delegated to the HCA.
[PN 18-01, PN 20-06]
1816.505 Ordering.
(a) (2) Task and delivery orders shall be issued by the contracting officer. To reduce the
administrative burden and transactional costs of issuing numerous task orders, before issuing a
task order under a single award IDIQ contract, the contracting officer, in consultation with the
contracting officer’s representative and resources analyst, as necessary, shall consider—
(i) Including the requirements in the core portion of the contract;
(ii) Adding the new requirement into an existing task or delivery order if
the requirement fits within the scope of an existing task or delivery order;
(iii) Avoiding the use of task orders solely to track funding or satisfy
financial reporting requirements; and
(iv) That all task and delivery orders shall have clear milestones and/or
deliverables.
(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.
[PN 18-01]
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.
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(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 1816.10470(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 NFS 1843.70.
1816.505-71 Task and delivery order contract ordering period.
(a) 10 U.S.C. 2304a establishes limitations on the ordering period of a task or delivery
order contract awarded by NASA. The statute specifies that the ordering period may be for any
period up to five years. This period may be subsequently extended for one or more successive
periods pursuant to an option or contract modification. In no case may the ordering period
exceed a total of ten years unless approved by the Senior Procurement Executive.
(b) The deviation requirement at 1817.204(e)(5) applies to a task or delivery contract
with an ordering period of more than five years.
(c) Orders under GSA Federal Supply Schedule contracts must comply with the
limitations in paragraph (a) of this subsection if the orders provide for the issuance of subsequent
task or delivery orders.
(d) The limitations in paragraph (a) of this subsection do not apply to —
(1) Advisory and assistance service task order contracts (authorized by 10 U.S.C.
2304b). These contracts are limited by statute to 5 years, with the authority to extend an
additional 6 months (see FAR 16.505));
(2) Definite quantity contracts; and
(3) Multi-agency contracts awarded by agencies other than NASA, DoD, or the
Coast Guard.
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1816.505-72 Task and delivery order contract performance periods.
(a) The period of performance of orders placed within the contract ordering period shall
comply with the bona fide need rule and principles of federal appropriations law.
[PN 18-01]
1816.506 Solicitation provisions and contract clauses.
(j) When using FAR clause 52.216-32, Task-Order and Delivery-Order Ombudsman,
insert the website at: https://www.hq.nasa.gov/office/procurement/regs/Procurement-OmbudsComp-Advocate-Listing.pdf, that provides installation and Agency Ombudsman, name, address,
telephone number, facsimile number, and email address. Use the clause with its Alternate I when
the contract will be available for use by multiple agencies (e.g., Governmentwide acquisition
contracts or multi-agency contracts). When placing orders under the multiple-award contract
available for use by multiple agencies, insert the website at:
https://www.hq.nasa.gov/office/procurement/regs/Procurement-Ombuds-Comp-AdvocateListing.pdf, that provides installation and Agency Ombudsman, name, address, telephone
number, facsimile number, and email address in paragraph (d)(2).
[PN 19-03, PN 20-03]
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 fixedprice and cost-reimbursement type contracts. The contracting officer shall use the clause with
its(a) Alternate I, if the cost type, fixed-price with prospective price redetermination, or
fixed-price incentive contract does not include a NASA Form 533M reporting
requirements; or
(b) Alternate II, if a fixed price contract is contemplated.
[PN 18-07]
Subpart 1816.6—Time-and-Materials, Labor-Hour, and Letter Contracts
1816.601-1 Determination and Findings.
(d)(1) The contracting officer shall use the Time and Materials and Labor Hour
Contract/Order Determination and Findings template.
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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, discrete 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 the head of the contract activity
(see NFS definition of “head of the contract activity” at NFS 1802.101).
(2) The head of the contract activity is also the approval authority for any
modification to a letter contract that increases the estimated value of the definitized contract.
This approval must be obtained prior to issuing the modification.
(b) The contracting officer shall use the agency-wide “Justification and Approval of
Undefinitized Contract Actions (UCAs) and Letter Contracts Template” template to document
the file for all letter contract actions.
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Part 1817—Special Contracting Methods
PART 1817
SPECIAL CONTRACTING METHODS
TABLE OF CONTENTS
SUBPART
1817.105
1817.105-1
1817.1
MULTIYEAR CONTRACTING
Policy.
Uses.
SUBPART 1817.2
1817.203
1817.204
1817.205
1817.206
1817.207
1817.207-70
1817.208
OPTIONS
Solicitations.
Contracts.
Documentation
Evaluation.
Exercise of options.
Analysis to support exercise of options.
Solicitation provisions and contract clauses.
SUBPART
1817.401
1817.4
LEADER COMPANY CONTRACTING
General.
SUBPART
1817.502
1817.502-1
1817.502-2
1817.503
1817.503-70
1817.504
1817.5
INTERAGENCY ACQUISITIONS
Procedures.
General.
The Economy Act.
Ordering procedures.
Order requirements and provisions.
Agency reporting requirements.
SUBPART
1817.7000
1817.7001
1817.7001-1
1817.7001-2
1817.7001-3
1817.7001-4
1817.7001-5
1817.7002
1817.70
PHASED ACQUISITION
Definitions.
Down-selections in phased acquisitions.
Pre-solicitation planning.
Evaluation factors.
Down-selection milestones.
Synopsis.
Progressive competition.
Contract clauses.
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PART 1817
SPECIAL CONTRACTING METHODS
Subpart 1817.1—Multiyear Contracting
1817.105 Policy.
1817.105-1 Uses.
(b) The Senior Procurement Executive, is the approval authority for the use of the
multiyear contracting technique. Requests for approval shall be signed by the procurement officer
and shall include a description of the acquisition, identification of anticipated contract costs and
funding, and a determination, with supporting rationale, that each of the criteria in FAR 17.1051(b) is met by the proposed use of multiyear contracting.
Subpart 1817.2—Options
1817.203 Solicitations.
(g)(2) The procurement officer is authorized to approve option quantities greater than 50
percent.
1817.204 Contracts.
(e)(1) The 5-year period of performance limitation (basic plus option periods) applies to
all NASA contracts regardless of type and other procurement award instruments, except as stated
in (e)(2). This includes agreements (e.g. basic ordering agreements, blanket purchase
agreements), interagency acquisitions, and orders placed under agreements or awarded under a
Federal Supply Schedule or other indefinite delivery/indefinite quantity contracts awarded by
other agencies. See 1816.505-71 for limitations on the ordering period of task and delivery order
contracts.
(2) The 5-year period of performance limitation in paragraph (e)(1) does not
apply to the following circumstances:
(i) Acquisitions for the design, development, test, and evaluation
(DDT&E) of end-item systems development and/or hardware production. The period of
performance for DDT&E should be consistent with the time needed to complete system
development or for hardware production efforts to perform Phase A (concept studies, concept &
technology development phase), Phase B (preliminary design & detailed engineering/technology
completion phase), Phase C (final design, components/systems fabrication and testing phase),
Phase D (system assembly, integration, testing, and launch phase), Phase E (systems and mission
operations, sustaining engineering, maintenance support), and Phase F (closeout/decommissioning efforts). It is NASA policy to procure Phase E and F efforts separately
from Phase A through D to allow for the maximum number of industry opportunities to compete
for awards so long as awards to different contractors will not pose critical integration risks to
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NASA. For those acquisitions where it is justified to procure Phases A through D or A through
F and the period of performance is expected to exceed 5 years, a deviation is not required if the
period of performance is approved as part of the original acquisition plan and the work included
in the scope of the contract.
(ii) Phase-in periods of up to 90 days where required for the efficient
transition of contracting activities for a period that is concurrent with the predecessor contract in
accordance with the use of FAR Clause 52.237-3, Continuity of Services. Phase-in periods may
be in addition to the 5-year period of performance limitation.
(iii) Periods of up to 6 months beyond the 5-year period of performance
limitation when permitted by FAR Clause 52.217-8, Option to Extend Services, for unplanned,
unforeseen circumstances or events that are beyond the control of the contracting officer, such as
a protest, provided that the option is exercised consistent with the limits outlined in FAR 37.111
and 17.207(f).
(3) Deviations are not required for the aforementioned circumstances provided
the entire period of performance, to include options and phase-in periods for the acquisition are
justified and approved in the original written acquisition plan or procurement strategy meeting
(PSM), or NASA Broad Agency Announcement, to include, Announcement of Opportunities
(AOs), and NASA Research Announcements (NRAs), by the appropriate approving authority,
e.g., Senior Procurement Executive approval is required for PSMs held at Headquarters. For any
periods beyond those specifically permitted by (e)(2), an approved deviation addressing the
requirements in (e)(5) is required.
(4) The program/project office and the contracting officer shall review the
requirement at the mid-point of the performance period to ensure that the products or services
continue to fulfill NASA’s mission needs and that the procurement award instrument continues
to provide the best means of satisfying the requirement.
(5) Requests for deviations from the 5-year period of performance limitation
policy or for periods beyond those permitted by (e)(2) shall be submitted to cognizant
Headquarters Office of Procurement, procurement portfolio manager and coordinated through the
Headquarters Office of Procurement, Procurement Management & Policy Division for approval
by the Senior Procurement Executive. The deviation request shall include justification for
exceeding five years or additional periods beyond those permitted by (e)(2). The deviation
request and other required documentation, e.g., JOFOC, synopsis, etc. shall identify the specific
period of extension to the period of performance. At a minimum, the justification shall discuss
planned future assessment of continued performance either prior to exercise of options or at the
mid-point of a basic contract with no options. Evidence shall also be included showing that the
extended years can be reasonably priced. The justification shall explain why longer than a 5year period of performance is the most prudent business course of action. The justification shall
also address how the longer period of performance will result in obtaining the best value for the
Government if the supply or service is readily available in the open market by considering the
current market and the uncertainties in future market conditions and by explaining why
competition, which acts as a primary guarantor of best value to the Government, is not
appropriate for the acquisition.
[PN 19-08]
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1817.205 Documentation
(a) The contracting officer shall document the justification for inclusion of options in
accordance with FAR 17.205(a) using the Option Justification template.
1817.206 Evaluation.
(a) The contracting officer shall ensure all offers are evaluated, including the basic contract
and any option quantities or periods included in the solicitation, as well as any period permitted by
FAR 52.217-8, Option to Extend Services, and any other additional options for quantities or
services clauses included in the solicitation (See FAR 17.208) except as provided in paragraph (b)
of this section.
(b)(i) The procurement officer is the approval authority for determinations by the
contracting officer not to evaluate offers for any option quantities or periods.
(ii) Unless a determination has been approved under 1817.206(b)(i), the selection
statement for each acquisition involving an option shall address the source selection authority's
consideration of the option as part of the initial competition.
1817.207 Exercise of options.
(c)(2) In addition to determining the option fulfills an existing need, the contracting
officer shall determine that there is no change in the scope of the option requirements.
(f) Options under cost type contracts shall contain an estimated cost for the option
period(s).
(f)(2) Use of the provision (or formula) for determining the price of a fixed price
option requires advance approval by the Senior Procurement Executive, submitted thru the
cognizant Headquarters Office of Procurement, procurement portfolio manager.
(f)(3)(ii) Use of a formula to determine the fee of an option in a cost-type contract
requires advance approval of the Senior Procurement Executive, submitted through the cognizant
Headquarters Office of Procurement, procurement portfolio manager. The formula shall preclude
the contractor from increasing costs for the purpose of earning additional fee.
1817.207-70 Analysis to support exercise of options.
See PIC 18-01I for further guidance.
(a) The contracting officer’s determination that exercise of the option is the most
advantageous method of fulfilling the requirement shall be based on input and information from
the requiring organization. The contracting officer and the requiring organization shall ensure
that analysis sufficient to support the determination that option exercise is the most advantageous
method is completed in advance of providing the notice to the contractor required by FAR
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17.207(a). Sufficient time shall remain in the performance period to allow the acquisition team
to pursue appropriate alternative approaches with minimal impact to the program or project in
terms of technical, cost, or schedule risk should the analysis conclude that the best programmatic
path is not exercising the option.
(b) The analysis required to support the option exercise determination must include
consideration of other factors in addition to price. In addition to the other factors contained in
FAR 17.207(e), the determination to exercise the option should include, but is not limited to,
consideration of—
(1) The contractor’s performance in satisfying contract requirements, for
example, receiving satisfactory performance ratings (see subpart 1842.15) and the contractor’s
level of success in implementing and maintaining small business programs (including mentoring
arrangements), which were evaluated as part of the source selection process and incorporated
into the awarded contract; and
(2) The results of market research activities to identify any technical, engineering
or scientific advances that offer programmatic benefits or performance improvements beyond those
that are contractually available under the option to be exercised.
(c) The contracting officer shall document the determination to exercise an option using
the Option Exercise Determination template.
1817.208 Solicitation provisions and contract clauses.
(c)(3) The contracting officer shall insert a provision substantially the same as FAR
52.217-5 in cost reimbursement contracts when the other conditions of FAR 17.208(c) are met.
Subpart 1817.4—Leader Company Contracting
1817.401 General.
It is NASA policy not to use the leader company contracting technique.
Subpart 1817.5—Interagency Acquisitions
[PN 19-10]
1817.502 Procedures.
1817.502-1 General.
(a) Written agreement on responsibility for management and administration.
(1) Assisted acquisitions. When NASA is the requesting agency of an assisted
acquisition, the written interagency agreement outlining each agency’s roles and responsibilities
for the management and administration of the contract or order shall be approved one level above
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the contracting officer. Whether NASA is the requesting or servicing agency a signed copy of the
agreement shall be provided to the procurement officer and a copy retained in the contract file.
(b) The business-case analysis required by FAR 17.502-1(b) shall be prepared by the
center procurement officer and approved by the Senior Procurement Executive submitted through
the cognizant analyst in the Headquarters Office of Procurement, Procurement Strategic
Operations Division before submission to the OMB/Office of Federal Procurement Policy.
[PN 19-04]
1817.502-2 The Economy Act.
(a) The Economy Act authorizes NASA to enter into agreements to obtain supplies or
services from another agency. The NFS applies when one agency uses another agency’s contract
to obtain supplies or services. If the interagency business transaction does not result in a contract
or order, then the NFS does not apply.
(b) The Solutions for Enterprise-Wide Procurement (SEWP) is a government-wide
acquisition contract (GWAC) for information technology for government-wide use that is managed
by NASA as NASA has been designated an executive agent by OMB pursuant to the ClingerCohen Act, 40 U.S.C. 11302(e).
(c) Requirements for determination and findings.
(1)(ii) To satisfy the D&F requirement identified in FAR 17.502-2(c)(1)(ii), 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 as
economically by contracting directly from commercial sources.
(iv) In addition to the requirements in FAR 17.502-2(c)(1), the D&F must
identify the period of performance and explain whether the acquisition is a non-competitive
follow-on for the same services from the same servicing agency.
(2) All D&Fs for a servicing agency not covered by the FAR shall be approved by
the Senior Procurement Executive submitted to the cognizant analyst in the Office of Procurement,
Procurement Operations Division.
(3) When NASA is the servicing agency, a copy of the executed Economy Act
determination and findings required by FAR 17.502-2 shall be obtained from the requesting
agency and retained in the contract file.
(e) Individual orders or successive non-competitive interagency orders for the same
requirement with the same servicing agency shall not exceed five years. Requests for deviation
from the five-year limitation of this section shall require the approval of the head of the
contracting activity if the estimated value of the order is $5 million or less, or the Senior
Procurement Executive, 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
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(3) How long beyond the current order the requirement is expected to continue.
(f) A D&F is required for each individual contract action (see FAR 1.702) and any
increase permitted by options (see FAR 17.2).
[PN 19-04]
1817.503 Ordering procedures.
(b) The NASA-Interagency Purchase Request (NIPR) (NF-523) or other interagency
acquisition form mutually agreed to by the agencies (e.g. SF-1449, OF-347, etc.) shall be used by
all NASA contracting officers for placing an order for supplies or services from another agency. If
an alternate form is used, it must provide information consistent with FAR 17.503, NFS 1817.50370, and NIPR/NF-523 to include the purchase request number. Individual NF-523’s shall be
prepared in accordance with the instructions contained in the NF-523 and shall be numbered in
accordance with subpart NFS 1804.71.
(d)(1) When NASA is the servicing agency awarding a contract, the requesting agency
shall provide the appropriate information to the NASA contracting officer to execute the
justification and approval or determination and findings. A copy of the justification or
determination shall be retained in the contract file.
(d)(3) When NASA is the servicing agency and is required to award a contract on behalf of
another agency (requesting agency), in addition to the requirements identified in FAR 17.503(d)(3)
the NASA contracting officer shall ensure compliance with the requesting agency’s regulations,
the requesting agency’s funding and appropriation limitations, unique agency terms and conditions,
the requesting agency’s unique statutes, directives, and reporting requirements.
1817.503-70 Order requirements and provisions.
In addition to the requirements identified in FAR 17.503 the following information shall be
included in the order, as appropriate:
(a)(1) Provision for acceptance. Include a provision for acceptance, such as, the servicing
agency shall provide acceptance of this order no later than 30 days after receipt of the order. The
acceptance shall be sent to: Insert NASA installation, office code, and address. The acceptance
shall cite the order number and have a typed name, title, and signature of the accepting official,
including address, phone number, email address, and facsimile number.
(2) If the servicing agency is a Military Department, the Military Department
concerned will, within 30 days after receipt of a NASA-Interagency Purchase Request (NIPR),
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.
(3) If the servicing agency is a Civilian Agency, acceptance should occur within 30
days after receipt of the NIPR and may be accomplished by some other form or method of
establishing acceptance other than the DD Form 448-2, Acceptance of MIPR.
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(b) Provision for Payments. Provide instructions for submitting invoices/billings and
payment terms related to payments to be made by the requesting agency. Provide instructions on
the level of detail necessary to make payment of the NIPR, to include how often payments will be
made, and any other pertinent information. Payment provisions should identify the address of the
requesting agency for the servicing agency to submit invoices to, to include, providing detailed
instructions for transmitting the funds, and whether the servicing agency shall submit invoices via
the online Intra-Governmental Payment and Collection (IPAC) System or SF1080/SF1081 or
equivalent form to be utilized. Information about IPAC is available at
http://fms.treas.gov/goals/ipac/index.html. Except when agreements provide that reimbursement is
not required, payments to the Civilian Agencies or Military Departments shall be made by the
NASA office designated in Block 9 of the NASA-Interagency Purchase Request upon receipt of
Standard Form 1080.
(c) Provisions for contract administration, audit, oversight, and reporting requirements.
Provide contract administration requirements and responsibilities appropriate for the type of
contract and scope of work for the particular acquisition.
(d) FAR and NFS clauses. The order shall include appropriate FAR and NFS clauses for:
the accountability and reporting of property; relating to intellectual property, including data rights,
patent rights, and reportable new technology property; security; occupational health and safety;
environmental requirements; and other clauses appropriate for the particular acquisition, as
applicable.
(e) Technical representative and contact information. The order shall identify the
technical representative as well as describe the individual’s roles, responsibilities, and limitations.
(f) Description of the effort. The order shall include a complete description of the supplies
or services to be delivered, the scope of work, including deliverable requirements with delivery
dates, and a reference to any proposal received from the servicing agency.
(g) Authority of the order. The order shall cite the authority for each agency to enter into
the interagency acquisition. When NASA is the requesting agency, the Economy Act (31 U.S.C
1535) shall be cited when, in accordance with FAR 17.502-2(b), more specific statutory authority
does not exist.
(h) Amount of the order. Identify funding (incremental or fully-funded) amount(s) and
accounting and appropriation data (e.g., purchase request number, funds citation.).
(i) NIPR number: To the extent feasible, all documents (including acceptances, contracts
or orders, correspondence, shipping documents, work or project orders, and Standard Form 1080
(Voucher for Transfer between Appropriations and/or Funds) billings) should reference the NIPR
number and the item number.
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(j) Changes in estimated total prices. When another agency 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 or modification 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 Civilian or DOD contracting activity an amendment or modification to
the NASA-Interagency Purchase Request.
[PN 19-03]
1817.504 Agency reporting requirements.
Upon request, center procurement officers shall submit information on interagency acquisitions to
be included in the Agency’s annual report to OMB to the Headquarters Office of Procurement,
Procurement Management & Policy Division.
Subpart 1817.70—Phased Acquisition
1817.7000 Definitions.
(a) Down-selection. In a phased acquisition, the process of selecting contractors for later
phases from among the preceding phase contractors.
(b) Phased Acquisition. An incremental acquisition implementation comprised of several
distinct phases where the realization of program/project objectives requires a planned, sequential
acquisition of each phase. The phases may be acquired separately, in combination, or through a
down-selection strategy.
(c) Progressive Competition. A type of down-selection strategy for a phased acquisition.
In this method, a single solicitation is issued for all phases of the program. The initial phase
contracts are awarded, and the contractors for subsequent phases are expected to be chosen through
a down-selection from among the preceding phase contractors. In each phase, progressively fewer
contracts are awarded until a single contractor is chosen for the final phase. Normally, all downselections are accomplished without issuance of a new, formal solicitation.
1817.7001 Down-selections in phased acquisitions.
1817.7001-1 Pre-solicitation planning.
(a) The rationale for the use of the down-selection technique shall be thoroughly justified
in the acquisition planning requirement. Because the initial phase solicitation will also lead to
subsequent phase award(s), the decision to use a down-selection strategy must be made prior to
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release of the initial solicitation. Accordingly, all phases must be addressed in the initial
acquisition strategy planning and documented in the acquisition plan or PSM minutes.
(b) If there is no direct link between successful performance in the preceding phase and
successful performance in a subsequent phase, down-selection is inappropriate. In this case, the
phases should be contracted for separately without a down-selection.
(c) With one exception, both the initial and subsequent phase(s) of an acquisition downselection process are considered to be full and open competition if the procedures in 1817.7001-4
and 1817.7001-5 (if using the progressive competition technique) are followed. If only one
contractor successfully completed a given phase and no other offers are solicited for the subsequent
phase, award of the subsequent phase may be made only if justified by one of the exceptions in
FAR 6.302 or one of the exclusions in FAR 6.2, and only after compliance with the synopsis
requirements of FAR 5.202 and 5.205 and 1804.570-1.
1817.7001-2 Evaluation factors.
A separate set of evaluation factors must be developed for each phase in a down-selection
competition. Since these competitive down-selection strategies anticipate that a preceding phase
contractor will be the subsequent phase contractor, the evaluation factors for initial phase award
must specifically include evaluation of the offerors’ abilities to perform all phases.
1817.7001-3 Down-selection milestones.
(a) When sufficient programmatic and technical information is available to all potential
offerors, proposal evaluation and source selection activities need not be delayed until completion
of a given phase. These activities should commence as early as practicable. The initial phase
contracts should be structured to allow for down-selection at a discrete performance milestone
(e.g., a significant design review or contract completion) of a design maturity sufficient to allow
for an informed selection decision. This will avoid time gaps between phases and eliminate
unnecessary duplication of effort.
(b) The appropriate contract structure must reflect program technical objectives as well as
schedule considerations. For example, if a two-phased acquisition strategy calls for formal
completion of initial phase effort at Preliminary Design Review (PDR), but it is not financially
practical or technically necessary for subsequent phase award and performance to carry all initial
phase contractors through PDR, the initial phase contracts should be structured with a basic period
of performance through a significant, discrete milestone before PDR with a priced option for effort
from that milestone to PDR. The down-selection would occur at the earlier milestone, the PDR
option exercised only for the down-selection winner, and the subsequent phase performance begun
at the completion of the PDR option.
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1817.7001-4 Synopsis.
(a) Each phase of a phased acquisition not performed in-house must be synopsized in
accordance with FAR 5.201 and must include all the information required by FAR 5.207 Time
gaps between phases should be minimized by early synopsis of subsequent phase competition.
The synopsis for the initial competitive phase should also state the following:
(1) The Government plans to conduct a phased acquisition involving a competitive
down-selection process. (Include a description of the process and the phases involved).
(2) Competitions for identified subsequent phases will build on the results of
previous phases.
(3) The award criteria for subsequent phases will include demonstrated completion
of specified previous phase requirements.
(4) The Government expects that only the initial phase contractors will be capable
of successfully competing for the subsequent phase(s). Proposals for the subsequent phase(s) will
be requested from these contractors.
(5) The Government intends to issue (or not issue) a new, formal solicitation(s) for
subsequent phase(s). If new solicitations are not planned, the acquisition must be identified as a
"progressive competition" (see 1817.7001-5), and the mechanism for providing pertinent
subsequent phase proposal information (e.g., statements of work, specifications, proposal
preparation instructions, and evaluation factors for award) must be described.
(6) Each subsequent phase of the acquisition will be synopsized in accordance with
FAR 5.201 and 5.203.
(7) Notwithstanding the expectation that only the initial phase contractors will be
capable of successfully competing for the subsequent phase(s), proposals from all responsible
sources submitted by the specified due date will be considered. In order to contend for subsequent
phase awards, however, such prospective offerors must demonstrate a design maturity equivalent
to that of the prior phase contractors. Failure to fully and completely demonstrate the appropriate
level of design maturity may render the proposal unacceptable with no further consideration for
contract award.
(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.
1817.7001-5 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
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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.
1817.7002 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
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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.
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Part 1818—Emergency Acquisitions
PART 1818
EMERGENCY ACQUISITIONS
(September 2015)
TABLE OF CONTENTS
1818.000-70
Pre-Emergency Planning
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Emergency Acquisitions
1818.000-70 Pre-Emergency Planning.
(a) Contracting officers shall include in Performance Work Statements or Statements of
Work in contracts for major, on-site support activities, such as general facilities support/base
operations; property management; security/guard/law enforcement services; information
technology services to include information technology infrastructure maintenance and service,
language substantially the same as follows:
Emergency Preparedness and Response
The Contractor’s obligation may include resolution of unusual or emergency situations. The
Contractor may be required to assist NASA, within the general scope of work, in preparation for,
or in response to emergencies. Obligations under this requirement shall only arise when one or
more of the criteria at FAR 18.001, enabling NASA to utilize “Emergency Acquisition
Flexibilities,” are met. If the emergency preparedness and response requirements result in changes
to the contract, all contract adjustments will be processed in accordance with the changes clause of
this contract.
(b) Contracting officers should list contracts that contain the language referenced in
1818.000-70(a) in the Center Continuity of Operations Plans.
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Part 1819—Small Business Programs
PART 1819
SMALL BUSINESS PROGRAMS
(Revised August 9, 2017)
TABLE OF CONTENTS
1819.001
Definitions.
SUBPART
1819.201
1819.202
1819.202-70
1819.2
POLICIES
General policy.
Specific policies.
Historically Black Colleges and Universities and Minority
Institutions.
SUBPART
1819.3
1819.302
DETERMINATION OF SMALL BUSINESS STATUS
FOR SMALL BUSINESS PROGRAMS
Protesting a small business representation or rerepresentation.
SUBPART 1819.5
1819.502
1819.502-70
1819.502-370
1819.505
SET-ASIDES FOR SMALL BUSINESS
Setting aside acquisitions.
Partial set-asides.
NASA reporting requirements.
Rejecting Small Business Administration recommendations.
SUBPART
1819.6
CERTIFICATES OF COMPETENCY AND
DETERMINATIONS OF RESPONSIBILITY
Procedures.
Referral.
Resolving differences between the agency and
the Small Business Administration.
NASA procedures.
1819.7
THE SMALL BUSINESS SUBCONTRACTING
PROGRAM
Subcontracting Plan Requirements.
Determining the need for a subcontracting plan.
Preparing the Solicitation.
Reviewing the subcontracting plan.
Acquisition-specific subcontracting goals.
Postaward Responsibilities of the Contracting Officer.
Contract clauses.
NASA solicitation provision and contract clause.
1819.602
1819.602-1
1819.602-3
1819.602-370
SUBPART
1819.704
1819.705-2
1819.705-3
1819.705-4
1819.705-470
1819.705-6
1819.708
1819.708-70
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SUBPART
1819.8
CONTRACTING WITH THE SMALL BUSINESS
ADMINISTRATION (THE 8(a) PROGRAM)
General.
Reserved.
Evaluation, offering, and acceptance.
Agency evaluation.
Agency offering.
SBA acceptance.
Release for non-8(a) competition
Procedures.
Pricing the 8(a) contract.
Contract negotiation.
Sole source.
Preparing the contracts.
Sole source.
Competitive.
Contract clauses.
Contract Administration
SUBPART
1819.7201
1819.7202
1819.7203
1819.7204
1819.7205
1819.7206
1819.7207
1819.7208
1819.7209
1819.7210
1819.7211
1819.7212
1819.7213
1819.7214
1819.7215
1819.72
NASA MENTOR-PROTÉGÉ PROGRAM
Scope of subpart.
Eligibility.
Mentor-protégé advanced agreements.
Agreement submission and approval process.
Award Fee Pilot Program.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reporting requirements.
Reserved.
Reserved.
Solicitation provision and contract clauses.
SUBPART
1819.73
SMALL BUSINESS INNOVATION RESEARCH (SBIR)
AND SMALL BUSINESS TECHNOLOGY TRANSFER
(STTR) PROGRAMS
Policy
Scope of subpart.
NASA contract clauses.
1819.800
1819.801
1819.804
1819.804-1
1819.804-2
1819.804-3
1819.804-7000
1819.805-2
1819.806
1819.808
1819.808-1
1819.811
1819.811-1
1819.811-2
1819.811-3
1819.812
1819.7300
1819.7301
1819.7302
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Part 1819—Small Business Programs
PART 1819
SMALL BUSINESS PROGRAMS
See PCD 19-02 for further guidance related to FAR 19.
See PCD 20-10 for further guidance related to FAR 19.
1819.001 Definitions.
“High-Tech” as used in this part means research and/or development efforts that are within or
advance the state-of-the-art in a technology discipline and are performed primarily by professional
engineers, scientists, and highly skilled and trained technicians or specialists.
Subpart 1819.2—Policies
1819.201 General policy.
(a)(i) NASA is committed to providing to small, veteran-owned small business, servicedisabled veteran-owned small business, HUBZone, small disadvantaged, and women-owned
small business concerns, maximum practicable opportunities to participate in Agency
acquisitions at the prime contract level. The participation of NASA prime contractors in
providing subcontracting opportunities to such entities is also an essential part of the Agency's
commitment. The participation of these entities is emphasized in high-technology areas where
they have had low involvement level.
(ii) NASA biennially negotiates Agency small business prime and subcontracting
goals with the Small Business Administration pursuant to section 15(g) of the Small Business
Act (15 U.S.C. 644). In addition, NASA has an annual goal of five percent for prime and
subcontract awards to SDBs and WOSBs; and a three percent goal for HUBZone and servicedisabled veteran owned small business concerns.
(d) The Associate Administrator (AA) for the Office of Small Business Programs (OSBP)
is the Agency official responsible for carrying out the duties in FAR 19.201(d).
[PN 22-05]
1819.202 Specific policies.
(a) Requirements. The contracting officer shall complete a NASA Form (NF) 1787,
Small Business Coordination, for the following:
(1) All acquisitions over the simplified acquisition threshold.
(2) All acquisitions above the micro-purchase level and below the simplified
acquisition threshold that are not set-aside for small business.
(3) All modifications adding new work that is outside the authority of the
“Changes” clause in the existing contract.
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(4) All task and delivery orders above the micro-purchase level against multiple
award contracts, GWACs, and FSS that are not set-aside for small business.
(5) All orders above the micro-purchase level against Basic Ordering Agreements
and Blanket Purchase Agreements that are not set-aside for small business.
(6) All acquisitions where contract bundling or consolidation is contemplated
(see FAR 2.101).
(b) Exceptions. A NF 1787 is not required for the following:
(1) Modifications that do not increase the scope of the contract, including the
exercising of a contract option which is within the scope of the existing contract, provided the
NF 1787 covering the basic contract was concurred by the Center Small Business Specialist
(SBS) and the SBA PCR.
(2) Repeat acquisitions, above the micro-purchase level, for the same supplies or
services ordered previously, and the supplies or services are only available from a source that is
other than a small business. The Center Small Business Specialist and the SBA PCR must have
concurred previously via a Master NF 1787 that the requirement qualifies for this exception.
(3) Orders issued under a single-award, indefinite-delivery contract.
(4) Solicitations and contracts under the SBIR/STTR program.
(5) Acquisitions from mandatory sources set forth in FAR 8.002(a).
(6) Broad Agency Announcements.
(c) Repeat buys. A Master NF 1787 can be used for repeat acquisitions, above the
micro-purchase level, for the same supplies or services that are only available from a source that
is other than a small business. The contracting officer can propose a Master NF 1787 and
document its use in the form’s “Remarks” section (Block 11). The Master NF 1787 shall be
concurred by the Center SBS and the SBA PCR, and a copy of the Master NF 1787 shall be
retained in the contract file for each acquisition.
(d) Procedures.
(1) The NF 1787 shall be submitted to the Center SBS and SBA Procurement
Center Representative (PCR) for concurrence before synopsis in the Governmentwide point of
entry (GPE). The contracting officer shall submit the NF 1787A to the Center SBS, when
required to be completed, see 1810.002.
(2) For those requirements exempted from synopsis, the NF 1787 shall be
submitted to the Center SBS and SBA PCR for concurrence prior to the release of the solicitation
or offering of the requirement to the SBA under the 8(a) program.
(3) Contracting officers shall coordinate acquisition strategies or plans
contemplating consolidation or bundling with the Center SBS and SBA PCR at least 30 working
days before issuing a solicitation. The Center SBS shall notify the Headquarters Office of Small
Business Programs (OSBP) when acquisition strategies involve contract consolidation or
bundling that is determined to be unnecessary or unjustified. See FAR 2.101 and FAR 7.107 for
the definitions of consolidated and bundled contracts.
(4) The contracting officer shall make every reasonable attempt to coordinate and
collaborate with the SBA PCR in small business determinations. However, the small business
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determination may be made unilaterally by the contracting officer, in consultation with the
Center SBS, when—
(i) The SBA PCR is unavailable;
(ii) The SBA PCR declines consideration of the action; or
(iii) The acquisition is covered under an existing Center/SBA
memorandum of agreement; or
(iv) The SBA PCR does not request an extension or respond within—
A. Two (2) working days after receipt, but no longer than five (5)
working days under unusual circumstances; or
B. Fifteen (15) working days for acquisitions involving
consolidation or bundling.
(5) If the Center SBS or SBA PCR does not concur with the contracting officer’s
recommendation, the contracting officer shall comply with the procedures for resolution set forth
at FAR 19.502-8 and NFS 1819.502-70.
[PN 22-05]
1819.202-70 Historically Black Colleges and Universities and Minority Institutions.
See guidance at 1826.302 regarding prime and subcontracting objectives for Historically Black
Colleges and Universities (HBCU) and Minority Institutions (MI).
Subpart 1819.3—Determination of Small Business Status for Small Business Programs
1819.302 Protesting a small business representation or representation.
(h) When the contracting officer determines in writing that an award must be made to
protect the public interest, the contracting officer shall notify the Headquarters Office of
Procurement, Program Operations Division, Headquarters Office of Small Business Programs, and
the SBA.
Subpart 1819.5—Set-Asides for Small Business
See PCD 19-02 for further guidance related to FAR 19.5.
1819.502 Setting aside acquisitions.
1819.502-70 Set-aside appeals.
(a) If the center small business specialist or PCR does not concur with the contracting
officer’s decision, it shall be referred to the procurement officer for resolution.
(b) If the procurement officer approves the contracting officer’s decision and the SBA
appeals under FAR 19.505(c), the procurement officer shall forward the required written
justification, including a history of discussions between the center and the SBA and rationale for
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the decision, to the Headquarters Office of Procurement, Procurement Strategic Operations
Division and a copy of the entire package to the Headquarters Office of Small Business Programs.
(c) The contracting officer shall prepare, sign, and retain in the contract file a
memorandum of nonconcurrence if a recommended set-aside action is not implemented.
1819.502-3 Partial set-asides.
1819.502-370 NASA reporting requirements.
The contracting officer shall separately report, in accordance with 1804.6, awards of the non-setaside portions of small business set-aside acquisitions.
1819.505 Rejecting Small Business Administration recommendations.
See 1819.502-70.
Subpart 1819.6--Certificates of Competency and Determinations of Responsibility
1819.602 Procedures.
1819.602-1 Referral.
(a) On proposed awards exceeding the simplified acquisition threshold, the contracting
officer should consider requesting a preaward survey (see FAR 9.106) before determining that a
responsive small business firm is not responsible. The scope of the preaward survey request
should be limited to those elements of responsibility that are questioned.
(2) The contracting officer shall forward a copy of the referral to SBA through the
procurement officer to the Headquarters Office of Small Business Programs.
1819.602-3 Resolving differences between the agency and the Small Business
Administration.
1819.602-370 NASA procedures.
(a) When agreement cannot be reached between the contracting officer and the SBA Area
Office, the contracting officer shall forward to the Headquarters Office of Procurement,
Procurement Strategic Operations Division, on an expedited basis, a complete case file with a
request that the case be considered for appeal to SBA Headquarters. The contracting officer shall
include the data already furnished to SBA, SBA's rationale for proposing to issue a COC, and the
contracting officer's comments. The contracting officer shall suspend acquisition action until
informed by Headquarters Office of Procurement, Procurement Strategic Operations Division of
the final decision in the case.
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(b) If the referral to SBA should be withdrawn and a contract awarded without benefit of
a COC, the Headquarters Office of Procurement, Procurement Strategic Operations Division shall
inform the contracting officer.
(c) If the Office of Procurement agrees with the contracting officer's recommended appeal
action, the Senior Procurement Executive shall forward the appeal through the Office of Small
Business Programs to SBA Headquarters.
Subpart 1819.7—The Small Business Subcontracting Program
1819.704 Subcontracting plan requirements.
(a)(10)(iii)(A) The Individual Subcontracting Report shall include goals as a percent of
total contract value as well as a percent of total subcontract dollars.
(b)(1) Master subcontracting plans – Pursuant to FAR 19.704(b), offerors and contractors
may submit or establish, a master subcontracting plan on a plant or division-wide basis. The
master subcontracting plan, which is effective for three years, may be approved by a contracting
officer at another Federal agency within the past three years, or it may be an original master
subcontracting plan first submitted to NASA for approval. In either case, contracting officers may
consider incorporating a master subcontracting plan into an individual subcontracting plan for a
specific NASA contract once the subcontracting goals for that contract are established.
(2) Contracting officers are not required to consider or accept a master
subcontracting plan approved by a contracting officer at another Federal agency when—
plan;
three years;
requirement; or
(i) The master plan is not deemed to be compliant with FAR 52.219-9;
(ii) There is no evidence of a contracting officer’s approval of the master
(iii) The date of contracting officer approval of the master plan exceeds
(iv) The master plan is not accompanied by goals for the specific
(v) The master plan does not address deviations deemed necessary by the
contracting officer to satisfy the requirements of a specific contract.
(3) For purposes of approving subcontracting plans, contracting officers should
fully evaluate an offeror’s master subcontracting plan previously approved by a contracting officer
at another Federal agency. The cognizant NASA contracting officer is responsible for reviewing
and approving a master subcontracting plan first submitted to NASA. When a contractor submits
more than one initial master subcontracting plan to NASA in the same timeframe, the center
contracting officer administering the contract having the greatest contract value is responsible for
reviewing and approving the contractor’s master subcontracting plan for the agency.
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(4) The master subcontracting plan may be used by all centers after a NASA
contracting officer approves it. A copy of all center approved master subcontracting plans shall be
forwarded by email to the cognizant program manager in the Headquarters Office of Small
Business Programs for awareness.
[PN 18-03]
1819.705-2 Determining the need for a subcontracting plan.
(d) Solicitations for competitive negotiated acquisitions shall require proposed
subcontracting plans with initial proposals (see 1819.708(b)(1)). For sole source negotiated
acquisitions, the contractor shall be required to submit a proposed subcontracting plan with the
proposal.
1819.705-4 Reviewing the subcontracting plan.
For unrestricted solicitations:
(a) NASA Policy Directive (NPD) 5000.2, Small Business Subcontracting Goals,
establishes steps that shall be performed to ensure that the maximum practicable subcontracting
opportunities.
(b) The recommended SDB goals in solicitations shall be expressed as a percentage of
total contract value and shall not exceed 5%.
(c) When opportunities for subcontracting are so limited for a particular small business
subcategory such that the contracting officer is unable to suggest a subcontract goal, the
contracting officer can forego establishing a recommended subcontracting goal for that
subcategory in the solicitation.
1819.705-470 Acquisition-specific subcontracting goals.
Section 1819.201 addresses agencywide goals at the combined prime and subcontract levels.
Appropriate subcontracting goals for an individual acquisition, however, are to be independently
determined on the basis of the specific circumstances of the acquisition, consistent with FAR
19.705-4, and not on the basis of an agencywide or center goal. Acquisition-specific
subcontracting goals should reflect maximum practicable opportunities for all categories of small
business concerns to participate in NASA programs, consistent with efficient performance.
Subcontracting plans shall express goals as a percentage of both (1) total contract value and (2)
total subcontract dollar. Contracting officers shall use the methods outlined in NPD 5000.2 to
establish reasonable subcontracting goals for small, veteran-owned small business, servicedisabled veteran-owned small business, HUBZone, women-owned small business concerns, and
Historically Black Colleges & Universities and Minority Institutions.
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1819.705-6 Postaward responsibilities of the contracting officer.
(h) Acknowledging receipt of the SSR in eSRS will be accomplished by the
Headquarters Office of Small Business Programs.
1819.708 Contract clauses.
(b)(1) The contracting officer shall use the clause at FAR 52.219-9 with its Alternate II
when contracting by negotiation.
1819.708-70 NASA solicitation provision and contract clause.
(a) The contracting officer shall insert the provision at 1852.219-73, Small Business
Subcontracting Plan, in invitations for bids containing the clause at FAR 52.219-9 with its
Alternate I. Insert in the last sentence the number of calendar days after request that the offeror
must submit a complete plan.
(b) The contracting officer shall insert the clause at 1852.219-75, Individual
Subcontracting Reports, in solicitations and contracts containing the clause at FAR 52.219-9,
except for contracts covered by an approved commercial subcontracting plan.
Subpart 1819.8—Contracting with the Small Business Administration
(The 8(a) Program)
1819.800 General.
(f) NASA and the Small Business Administration maintain a Partnership Agreement (PA)
to allow direct contracting with 8(a) firms by NASA.
(1) By PA dated November 27, 2012, between the Small Business Administration
(SBA) and NASA, the SBA has delegated to each NASA installation and to NASA contracting
officers, its authority under section 8(a)(1)(A) of the Small Business Act to enter into section 8(a)
prime contracts, and its authority under section 8(a)(1)(B) of the Small Business Act to award the
performance of those contracts to eligible section 8(a) program Participants. This authority is
delegated and shall remain in effect until modified or cancelled.
(2) The PA provides for the award of both contracts and purchase orders. It
encompasses all competitive and non-competitive requirements offered and accepted by SBA into
the 8(a) program including but not limited to: Acquisition of Commercial Items (FAR Part 12);
awards under the Simplified Acquisition Procedures (FAR Part 13); awards resulting from Sealed
Bidding (FAR Part 14); Contracting by Negotiation (FAR Part 15); and Construction and Architect
Engineer Contracts (FAR Part 36).
(3) The PA allows NASA to award contracts and purchase orders directly to the
8(a) Participant. A SBA signature on the contract or purchase order is not required.
(4) The PA modifies certain sections of FAR 19.8 as listed below. For any section
not listed below, the contracting officer shall follow FAR 19.8.
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1819.801 Reserved.
1819.804 Evaluation, offering, and acceptance.
1819.804-2 Agency offering.
(d) The notification shall clearly indicate that the offer is being processed under the PA.
All notifications shall be faxed or e-mailed to the SBA when possible. In addition to the
information required by FAR 19.804-2(a)-(c), the notification shall address whether—
(1) SBA acceptance or rejection of the offer is required to be transmitted to NASA
within five working days of receipt of the offer. The letter should request that the SBA response
be faxed or e-mailed to NASA;
(2) For sole source offers above the simplified acquisition threshold, that
acceptance shall include a size verification and a determination of the 8(a) Participant’s program
eligibility, and that upon acceptance, the contracting officer will solicit a proposal, conduct
negotiations, and make award directly to the 8(a) firm; or
(3) For competitive offers above the simplified acquisition threshold, that upon
acceptance, the contracting officer will solicit offers and conduct source selection.
(4) For acquisitions valued at or below the simplified acquisition threshold no
offering or acceptance letter is required.
1819.804-3 SBA acceptance.
(a) Upon receipt of the contracting agency’s offer, the SBA will determine whether to
accept the requirement for the 8(a) Program. The SBA’s decision whether to accept the
requirement will be transmitted to the contracting agency in writing within five working days of
receipt of the offer if the contract is likely to exceed the simplified acquisition threshold. The
contracting agency may grant an extension of these time periods. For actions, above the simplified
acquisition threshold and under $20M, if SBA does not respond with a notification of rejection
within five working days of receipt of an offer, the contracting activity may assume acceptance on
the sixth working day. On actions greater than $20 million, if an acceptance or rejection has not
been received from the SBA District Office on the sixth working day, the contracting officer shall
seek acceptance from the Associate Administrator of SBA’s Office of Business Development
(AA/BD). If a reply is not received from the AA/BD within five working days after the AA/BD
receipt of the offer, on competitive actions the contracting officers may assume acceptance on the
sixth working day.
1819.804-70 Release for non-8(a) competition.
See PIC 17-05B for further guidance.
(a) Renewals or follow-on awards to an existing 8(a) contract must remain in the 8(a)
program unless SBA agrees to release it. Written requests will be sent to the AA/BD for
concurrence. Release decisions will be made within ten working days.
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(b) In the request include whether the agency is achieving its SDB, HUBZone, SDVOSB,
WOSB and small business goals. The request shall address what other SB program will be used in
lieu of the 8(a) program (HUBZone, SDVOSB, WOSB or small business). Release from the 8(a)
program is unlikely if another SB program is not used.
(c) The release requirement does not apply to task or delivery orders accepted into the 8(a)
program.
1819.805-2 Procedures.
(b)(1) In negotiated acquisition, the SBA will determine eligibility when the successful
offeror has been established by the agency and the contracting officer has submitted a request for
eligibility determination unless a referral has been made under FAR 19.809, in which case the SBA
will determine eligibility at that point. The SBA shall issue a determination for the apparent
successful offeror within five working days from the request of the contracting officer.
1819.805-2-70 Joint Ventures.
The rules governing 8(a) Program joint ventures (JV) are prescribed in 13 CFR § 124.513, with
additional regulations applying to the 8(a) Program found throughout 13 CFR § 124. The 8(a)
participant(s) to an 8(a) JV shall be certified at the time of proposal submission, and in accordance
with 13 CFR 124.513(e)(1), the SBA shall approve the 8(a) JV agreement prior to contract award.
Since it takes time for SBA to approve an 8(a) JV agreement, the contracting officer should notify
the SBA Procurement Center Representative (PCR) when an 8(a) JV offeror submits a proposal in
response to an 8(a) set-aside acquisition. The SBA will only approve 8(a) JV agreements under
8(a) set-aside acquisitions when the 8(a) JV is the apparent successful offeror; however, contract
award may be delayed if the SBA is first notified or begins the approval process too close to the
anticipated date for contract award.
1819.806 Pricing the 8(a) contract.
(a) The contracting officer shall price the 8(a) contract in accordance with FAR 15.4. If
required by FAR 15.4, the contracting officer shall obtain cost or pricing data from the 8(a)
contractor.
1819.808 Contract negotiation.
1819.808-1 Sole source.
(a) The contracting officer is responsible for initiating and conducting negotiations.
(b) The contracting officer shall negotiate directly with the 8(a) Participant. If requested
by the 8(a) Participant, the SBA may participate in negotiations.
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(c) The contracting officer shall evaluate and document the 8(a) Participant’s ability to
comply with the requirements of FAR 52.219-14 Limitations on Subcontracting.
1819.811 Preparing the contracts.
1819.811-1 Sole source.
(a) The contract to be awarded by the agency shall be made directly to the 8(a) Participant
and shall be prepared in accordance with agency procedures. The contracting officer shall use the
Standard Form 26 as the award form, except for construction contracts, in which case the Standard
Form 1442 shall be used as required in FAR 36.701(a).
(b) The contract to the 8(a) Participant shall—
(1) Cite 10 U.S.C. 2304(c)(5) as the authority for use of other than full and open
competition;
(2) The “Issued by” block shall identify the awarding NASA office;
(3) The section 8(a) Participant’s name and address shall be listed as the contractor;
(4) Include the clause at FAR 1852.219-11, Special 8(a) Contract Conditions,
which allows for direct award to the 8(a) contractor and identification of the cognizant SBA district
office for the 8(a) contractor; and
(5) Include the name of the NASA Center/Installation in the NASA contracting
officer title in the signature block.
(c) The contracting officer shall provide an executed copy of the contract or purchase order
to the SBA servicing District Office within 15 working days of contract award.
[PN 23-04]
1819.811-2 Competitive.
Awards shall be prepared in accordance with 1819.811-1.
1819.811-3 Contract clauses.
(a) The contracting officer shall insert the clause at 1852.219-11, Special 8(a) Contract
Conditions, in contracts and purchase orders awarded directly to the 8(a) contractor when the
acquisition is accomplished using the procedures of FAR 19.811-1(a) and (b).
(d) The contracting officer shall insert the clause at 1852.219-18, Notification of
Competition Limited to Eligible 8(a) Concerns, in competitive solicitations and contracts when the
acquisition is accomplished using the procedures of FAR 19.805.
(1) The clause at 1852.219-18 with Alternate I to the FAR clause at 52.219-18 will
be used when competition is to be limited to 8(a) concerns within one or more specific SBA
districts pursuant to FAR 19.804-2.
(2) The clause at 1852.219-18 with Alternate II to the FAR clause at 52.219-18
will be used when the acquisition is for a product in a class for which the Small Business
Administration has waived the nonmanufacturer rule (see FAR 19.102(f)(4) and (5)).
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(e) Follow the prescription at FAR 19.811-3(e).
1819.812 Contract administration.
(b) The contracting officer shall distribute copies of all contracts and modifications within
15 working days of award.
(d) Contracting Officers must coordinate any planned requests for waiver of an 8(a)
contract termination with the Headquarters Office of Procurement, Procurement Strategic
Operations Division. The Headquarters Office of Procurement will review and coordinate the
package with Headquarters offices, as appropriate, and will either forward the request to the
Administrator for signature or will advise the Contracting Officer of the decision not to submit the
request to the SBA.
Subpart 1819.72—NASA Mentor-Protégé Program
1819.7201 Scope of subpart.
(a) This subpart implements the NASA Mentor-Protégé Program (hereafter referred to as
the Program) established under the authority of Title 42, U.S.C., 2473(c)(1). The purpose of the
Program is to—
(1) Provide incentives to NASA contractors, performing under at least one active
approved subcontracting plan negotiated with NASA to assist protégés in enhancing their
capabilities to perform as viable NASA, other Government, and commercial suppliers on
contract and subcontract requirements;
(2) Increase the overall participation of protégés as subcontractors and suppliers
under NASA contracts, other Federal agency contracts, and commercial contracts; and
(3) Foster the establishment of long-term business relationships between protégés
and mentors.
(b) Under the Program, eligible entities approved as mentors will enter into mentorprotégé agreements with eligible protégés to provide appropriate developmental assistance to
enhance the capabilities of the protégés to perform as subcontractors and suppliers. NASA may
provide the mentor award fee incentives. Additionally, this subpart explains the calculated
subcontracting credit for a mentor-protégé program pursuant to FAR 52.219-9, Small Business
Subcontracting Plan.
1819.7202 Eligibility.
(a) Eligibility of Mentors: To be eligible to participate as a mentor, an entity must be—
(1) A large prime contractor performing with at least one approved
subcontracting plan (other than a commercial plan) negotiated with NASA, pursuant to FAR
Subpart 19.7, the Small Business Subcontracting Program. A contractor may apply to become a
mentor if they currently are not performing under a NASA contract, as long as they are currently
performing another Federal agency contract with an approved subcontracting plan. The NASA
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mentor-protégé agreement, however, will not be approved until the mentor company is
performing under a NASA contract with an approved subcontracting plan; and
(2) Eligible for receipt of Government contracts.
An entity will not be approved for participation in the Program if, at the time of submission of
the application to the Headquarters Office of Small Business Programs, the entity is currently
debarred or suspended from contracting with the Federal Government pursuant to FAR Subpart
9.4, Debarment, Suspension, and Ineligibility.
(b) Eligibility of Protégés: To be eligible to participate as a protégé, an entity must be—
(1) Classified as a Small Disadvantaged Business (SDB), as defined in FAR Part
2, Definitions of Parts and Terms, small disadvantaged business, a women-owned small
business, a historically underutilized business zone concern, a veteran-owned or service-disabled
veteran-owned small business, an historically black college and university or minority institution
. The protégé entity may also be an active NASA SBIR/STTR Phase II company, or an entity
participating in the AbilityOne program.
(2) Eligible for the award of Federal contracts; and
(3) A small business according to the Small Business Administration (SBA) size
standard for the North American Industry Classification System (NAICS) code that represents
the contemplated supplies or services to be provided by the protégé to the mentor.
(4) A protégé firm may self-certify to a mentor firm that it meets the requirements
set forth in paragraphs (b) 1-3 of this section. Mentors may rely in good faith on written
representations by potential protégés that they meet the specified eligibility requirements.
1819.7203 Mentor-protégé advanced payments.
If advance payments are contemplated, the mentor must first have the advance payments
approved by the contracting officer in accordance with FAR Subpart 32.4, Advance Payments
for Non-Commercial Items.
1819.7204 Agreement submission and approval process.
(a) To participate in the Program, entities approved as mentors in accordance with
1819.7203, will submit a complete agreement package to the Contracting Officer who will
forward the completed agreement package to the cognizant Small Business Specialist at the
NASA Center. The submission package must include the following:
(1) A signed mentor-protégé agreement.
(2) A signed protégé application.
(3) The estimated cost of the technical assistance to be provided, broken out per
year and per task, in a separate cost volume.
(4) NASA OSBP may require additional information as requested upon
agreement submission.
(5) A signed letter of endorsement of the agreement by the contracting officer
and the contracting officer representative.
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(b) The mentor-protégé agreement must be approved by the Assistant Administrator,
NASA OSBP, prior to the mentor incurring eligible costs for developmental assistance provided
to the protégé.
(c) The cognizant NASA center will issue a contract modification, if justified prior to the
mentor incurring costs for developmental assistance to the protégé.
1819.7205 Award Fee Pilot Program.
(a) Mentors will be eligible to earn a separate award fee associated with the provision of
developmental assistance to NASA SBIR/STTR Phase II Protégés only. The award fee will be
assessed at the end of the Mentor-Protégé agreement period.
(b) The overall developmental assistance performance of NASA contractors, in
promoting the use of small businesses as subcontractors, will be a required evaluation factor in
award fee plans.
(c) Evaluation criteria to determine the award fee should include—
(1) Benefit of the agreement to NASA;
(2) Active participation in the Program;
(3) The amount and quality of developmental assistance provided;
(4) Subcontracts awarded to small businesses and others;
(5) Success of the protégés in increasing their business as a result of receiving
developmental assistance; and
(6) Accomplishment of any other activity as related to the mentor-protégé
relationship.
(d) The Award Fee Pilot Program is an addition to the credit agreement. Participants
that are eligible for award fee may also receive credit under their individual contract’s award fee
plan.
1819.7212 Reporting requirements.
(a) Mentors must report on the progress made under active mentor-protégé agreements
semiannually throughout the term of the agreement.
(b) Reports are due 30 days after the end of each six-month period of performance
commencing with the start of the agreement.
(c) Each semiannual report must include the following data on performance under the
mentor-protégé agreement:
(1) Expenditures by the mentor.
(2) The number and dollar value of subcontracts awarded to the protégé.
2015 EDITION (Thru PN 23-04)
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NASA Federal Acquisition Regulation Supplement
Part 1819—Small Business Programs
achieved.
(3) Description of developmental assistance provided, including milestones
(4) Impact of the agreement in terms of capabilities enhanced, certifications
received, and/or technology transferred.
(d) Semiannually, the protégé must provide an independently developed progress report
using the semiannual report template, on the progress made during the prior six months by the
protégé in employment, revenues, and participation in NASA contracts during each year of the
Program participation term. The Protégé must also provide an additional post-agreement report
for each of the two years following the expiration of the Program participation term.
(e) The protégé semiannual report required by paragraph (d) of this section must be
submitted separately from the Mentor’s semi-annual report submission.
(f) Reports for all agreements must be submitted to the NASA OSBP Mentor-Protégé
Program Manager, the mentor's cognizant administrative contracting officer, and their cognizant
center small business specialist.
(g) Templates for the semiannual report and the Post-Agreement report and guidance for
their submission are available at: http://www.osbp.nasa.gov.
1819.7215 Solicitation provision and contract clauses.
(a) The contracting officer shall insert the clause at 1852.219-77, NASA Mentor-Protégé
Program, in:
(1) Any contract that includes the clause at FAR 52.219-9, Small Business
Subcontracting Plan.
(b) The contracting officer shall insert the clause at 1852.219-79, Mentor Requirements
and Evaluation, in contracts where the prime contractor is a participant in the NASA MentorProtégé Program.
Subpart 1819.73—Small Business Innovation Research (SBIR) and Small Business
Technology Transfer (STTR) Programs
1819.7300 Policy
The NASA Shared Services Center (NSSC) is designated as the Agency’s sole buying location
for the award and administration of all Phase I, Phase II, and Phase III contracts awarded under
the Small Business Innovation Research (SBIR) and Small Business Technology Transfer
(STTR) Programs.
[PN 21-04]
1819.7301 Scope of subpart.
2015 EDITION (Thru PN 23-04)
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NASA Federal Acquisition Regulation Supplement
Part 1819—Small Business Programs
The Small Business Innovation Research (SBIR) and Small Business Technology Transfer
(STTR) Programs were established and issued under the authority of the Small Business Act
codified at 15 U.S.C. 631, as amended, and the Small Business Innovation Development Act of
1982 (Pub. L. 97-219), codified with amendments at 15 USC 638, as amended. The Small
Business Act requires that the Small Business Administration (SBA) issue SBIR and STTR
Program Policy Directives for the general conduct of the SBIR/STTR Programs within the
Federal Government. The statutory purpose of the SBIR Program is to strengthen the role of
innovative small business concerns (SBCs) in federally-funded research or research and
development (R/R&D). Specific program purposes are to: stimulate technological innovation;
use small business to meet Federal R/R&D needs; foster and encourage participation by socially
and economically disadvantaged SBCs, and by SBCs that are 51 percent owned and controlled
by women, in technological innovation; and increase private sector commercialization of
innovations derived from Federal R/R&D, thereby increasing competition, productivity and
economic growth. Federal agencies participating in the SBIR/STTR Programs (SBIR/STTR
agencies) are obligated to follow the guidance provided by the SBA Policy Directive. NASA is
required to ensure its policies, regulations, and guidance on the SBIR/STTR Programs are
consistent with SBA’s Policy Directive. Contracting officers are required to insert the applicable
clauses identified in 1819.7302 in all SBIR and STTR contracts.
1819.7302 NASA contract clauses.
(a) Contracting officers shall insert the clause at 1852.219-80, Limitation on
Subcontracting – SBIR Phase I Program, in all Phase I contracts awarded under the Small
Business Innovation Research (SBIR) Program established pursuant to Pub. L. 97-219 (the Small
Business Innovation Development Act of 1982).
(b) Contracting officers shall insert the clause at 1852.219-81, Limitation on
Subcontracting – SBIR Phase II Program, in all Phase II contracts awarded under the Small
Business Innovation Research (SBIR) Program established pursuant to Pub. L. 97-219 (the Small
Business Innovation Development Act of 1982).
(c) Contracting officers shall insert the clause at 1852.219-82, Limitation on
Subcontracting – STTR Program, in all contracts awarded under the Small Business Technology
Transfer (STTR) Program established pursuant to Pub. L. 97-219 (the Small Business Innovation
Development Act of 1982). Occasionally, deviations from this requirement may be approved.
Any deviations from this requirement shall be approved in writing by the contracting officer after
coordination with the agency SBIR Program Manager/Coordinator.
(d) Contracting officers shall insert the clause at 1852.219-83, Limitation of the Principal
Investigator – SBIR Program, in all contracts awarded under the Small Business Innovation
Research (SBIR) Program established pursuant to Pub. L. 97-219 (the Small Business Innovation
Development Act of 1982). Occasionally, deviations from this requirement may be approved.
Any deviations from this requirement shall be approved in writing by the contracting officer after
coordination with the agency SBIR Program Manager/Coordinator.
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(e) Contracting officers shall insert the clause at 1852.219-84, Limitation of the Principal
Investigator – STTR Program, in all contracts awarded under the Small Business Technology
Transfer (STTR) Program established pursuant to Pub. L. 97-219 (the Small Business Innovation
Development Act of 1982). Occasionally, deviations from this requirement may be approved.
Any deviations from this requirement shall be approved in writing by the contracting officer after
coordination with the agency SBIR Program Manager/Coordinator.
(f) Contracting officers shall insert the clause at 1852.219-85, Conditions for Final
Payment - SBIR and STTR Contracts, in all Phase I and Phase II contracts awarded under the
Small Business Technology Transfer (STTR) Program and the Small Business Innovation
Research (SBIR) Program established pursuant to Pub. L. 97-219 (the Small Business Innovation
Development Act of 1982).
2015 EDITION (Thru PN 23-04)
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Part 1820—Reserved
NO NFS TEXT
2015 EDITION (Thru PN 23-04)
1820-1
NASA Federal Acquisition Regulation Supplement
Part 1821—Reserved
NO NFS TEXT
2015 EDITION (Thru PN 23-04)
1821-1
NASA Federal Acquisition Regulation Supplement
Part 1822—Application of Labor Law to Government Acquisitions
PART 1822
APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
(Revised September 27, 2017)
TABLE OF CONTENTS
1822.000-70
SUBPART
1822.101
1822.101-1
1822.101-3
1822.101-4
Scope of part.
1822.1
BASIC LABOR POLICIES
Labor relations.
General.
Reporting labor disputes.
Removal of items from contractors' facilities affected by work
stoppages.
Admission of labor representatives to contract sites.
Overtime.
Approvals.
Contract clause.
1822.3
CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Liquidated damages and overtime pay.
1822.4
LABOR STANDARDS FOR CONTRACTS INVOLVING
CONSTRUCTION
Contacts with the Department of Labor.
General requirements.
Investigations.
Withholding from or suspension of contract payments.
Semiannual enforcement reports.
SUBPART
1822.5
RESERVED
SUBPART
1822.6
CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES,
AND EQUIPMENT EXCEEDING $15,000
Exemptions.
Regulatory exemptions.
1822.8
EQUAL EMPLOYMENT OPPORTUNITY
Affirmative action programs.
Construction.
Exemptions.
1822.101-70
1822.103
1822.103-4
1822.103-5
SUBPART
1822.302
SUBPART
1822.400-70
1822.404-2
1822.406-8
1822.406-9
1822.406-13
1822.604
1822.604-2
SUBPART
1822.804
1822.804-2
1822.807
2015 EDITION (Thru PN 23-04)
1822-1
NASA Federal Acquisition Regulation Supplement
Part 1822—Application of Labor Law to Government Acquisitions
SUBPART
1822.1001
1822.1008
1822.10
SERVICE CONTRACT LABOR STANDARDS
Definitions.
Procedures for obtaining wage determinations.
SUBPART
1822.1305
1822.1308
1822.13
EQUAL OPPORTUNITY FOR VETERANS
Waivers.
Complaint procedures.
SUBPART
1822.1403
1822.1406
1822.14
EMPLOYMENT OF WORKERS WITH DISABILITIES
Waivers.
Complaint procedures.
SUBPART
1822.15
PROHIBITION OF ACQUISITION OF PRODUCTS
PRODUCED BY FORCED OR INDENTURED CHILD
LABOR
Procedures for acquiring end products on the List of Products
Requiring Contractor Certification as to Forced or Indentured
Child Labor.
SUBPART
1822.1704
1822.17
COMBATING TRAFFICKING IN PERSONS
Violations and remedies.
SUBPART
1822.1802
1822.18
EMPLOYMENT ELIGIBILITY VERIFICATION
Policy.
1822.1503
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Part 1822—Application of Labor Law to Government Acquisitions
PART 1822
APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
1822.000-70 Scope of part.
(a) Contracting officers should consult with the Center’s Contractor Industrial Relations
Officer (IRO) or designee when taking any of the actions prescribed or authorized in FAR part
22 or NFS part 1822.
(b) All communications with the Department of Labor (DOL) national office of a labor
organization, on labor relation matters such as disputes shall be conducted through the Center’s
Contractor IRO who will coordinate any information and requirements with the Headquarters
Contractor IRO prior to contacting the DOL or the labor organization.
(c) Proposed responses to actions (e.g. labor disputes, work stoppages, plant seizures,
injunctive actions, labor relations adversely affecting NASA) that are expected to substantially
impact the activities of NASA or other Government agencies shall be coordinated with the
Center’s IRO for approval by the Headquarters Contractor IRO.
(d) The NASA Industrial Labor Relations Guide provides agency-wide guidance to
individuals involved in the acquisition of supplies or services (including construction) applicable
to labor laws.
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, in
coordination with the Center Contractor (IRO)—
(i) Advise in writing both the prime contractor and the head of the union local of
the expected impact of the strike on NASA programs and of the actions NASA is planning to
take to protect the Government's interest and prevent any further delay in the accomplishment of
NASA's mission. If the strike is at a subcontractor's plant, only the prime contractor may contact
the subcontractor since there is no contract between NASA and the subcontractor;
(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.
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Part 1822—Application of Labor Law to Government Acquisitions
1822.101-3 Reporting labor disputes.
Reports of potential or actual labor disputes affecting NASA acquisitions, operations, or services
shall be coordinated through the Center’s IRO for submission to the Headquarters Contractor
IRO in accordance with NPR 5200.1.
1822.101-4 Removal of items from contractors' facilities affected by work stoppages.
(a)(3) The contracting officer shall obtain approval from Headquarters Contractor
Industrial Relations Officer.
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 such activities are compatible with safety and security
regulations and performance of the contract work involved in accordance with NPR 5200.1.
1822.103 Overtime.
1822.103-4 Approvals.
(a) The contracting officer (CO) 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 contracting officer shall obtain the concurrence of other appropriate approving
officials and seek agreement regarding 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 written
statement that approval will not affect performance or payments under any ongoing contract of
another contracting office.
1822.103-5 Contract clause.
(a) Insert the FAR clause 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 Headquarters Contractor Industrial Relations Officer (IRO) is the agency head
designee.
(d) The disposition of funds withheld or collected for liquidated damages shall be in
accordance with direction of the Headquarters Contractor IRO.
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Part 1822—Application of Labor Law to Government Acquisitions
Subpart 1822.4—Labor Standards for Contracts Involving Construction
All contacts with the Department of Labor required by FAR Subpart 22.4, except for wage
determinations, shall be coordinated with the Center’s Contractor IRO. The Center’s Contractor
IRO will coordinate the information and requirements with the Headquarters Contractor IRO.
1822.404-2 General requirements.
(c)(5) Contracting officers should obtain clarifications and coordinate with the Center’s IRO
concerns about the proper application of wage rate schedules to the type or types of construction
project involved prior to contacting the DOL Administrator, Wage and Hour Division.
1822.406-8 Investigations.
(a) The contracting officer is responsible for conducting investigations of labor violations
relative to contracts under their cognizance in coordination with the Center’s Contractor IRO.
Detailed procedures on how to conduct investigations are found in the NASA Industrial Labor
Relations Guide.
(d) Reports of substantial violations or refusals to pay shall be sent to the Headquarters
Contractor IRO.
1822.406-9 Withholding from or suspension of contract payments.
(c)(4) Headquarters Contractor IRO shall determine the disposition of contract payments
withheld or contract payments suspended and any assessed liquidated damages.
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, Procurement
Management & Policy Division. Negative statements are required.
Subpart 1822.5—Reserved
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Part 1822—Application of Labor Law to Government Acquisitions
Subpart 1822.6—Contracts for Materials, Supplies, Articles, and Equipment
Exceeding $15,000
1822.604 Exemptions.
1822.604-2 Regulatory exemptions.
(b) Requests for exemptions shall be submitted in writing through the contracting officer,
in coordination with the Center’s Contractor Industrial Relations Officer (IRO) to the
Headquarters Contractor IRO.
Subpart 1822.8—Equal Employment Opportunity
1822.804 Affirmative action programs.
1822.804-2 Construction.
(b) The Headquarters Office of Procurement, Procurement Management & Policy
Division will furnish each procurement officer the listing.
1822.807 Exemptions.
Requests for exemption pursuant to FAR 22.807(a)(1), (a)(2), or (b)(5) shall be sent to the
Headquarters Office of Procurement, Procurement Strategic Operations Division, who will
coordinate through the Headquarters Contractor Industrial Relations Officer and the Agency
head. If the exemption is granted, the Agency head shall notify the Office of Federal Contract
Compliance Programs of such action within 30 days.
Subpart 1822.10—Service Contract Labor Standards
1822.1001 Definitions.
"Agency labor advisor" is the Headquarters Contractor Industrial Relations Officer.
1822.1008 Procedures for obtaining wage determinations.
1822.1008-1 Obtaining wage determinations.
(e) Contracting officers shall obtain the assistance of their Contracting Officer’s
Representative and Center Contractor IRO to ensure use of the DOL Wage and Hour Division’s
Service Contract Act Directory of Occupations and ensure incorporation of all service employee
classes (Directory and non-Directory) planned to be utilized for a particular acquisition. When
completing an e98, the contracting officer shall include and note any classifications and
minimum hourly wage rates conformed under any predecessor contract. When a previously
conformed classification is not included in the Directory, the contracting officer shall include the
2015 EDITION (Thru PN 23-04)
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Part 1822—Application of Labor Law to Government Acquisitions
job description on the e98. When the statement of work job title differs from the Directory job
title, the contracting officer must provide a cross-reference on the e98.
1822.1008-2 Successorship with incumbent contractor collective bargaining agreement.
(b) The requirement for the successor contractor to pay the wages and fringe benefits is
applicable until superseded by a new wage determination on the contract.
Subpart 1822.13—Equal Opportunity for Veterans
1822.1305 Waivers.
(c) Requests for waivers shall be submitted to the Associate Administrator for Diversity
and Equal Opportunity Office.
1822.1308 Complaint procedures.
Contracting officers shall submit all complaints to the Associate Administrator for Diversity and
Equal Opportunity Office.
Subpart 1822.14—Employment of Workers with Disabilities
1822.1403 Waivers.
(c) Requests for waivers shall be submitted to the Associate Administrator for Diversity
and Equal Opportunity Office.
1822.1406 Complaint procedures.
Contracting officers shall submit all complaints to the Associate Administrator for Diversity and
Equal Opportunity Office.
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.
(e) All investigations under FAR Subpart 22.15 shall be referred to NASA’s Office of
Inspector General.
2015 EDITION (Thru PN 23-04)
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Part 1822—Application of Labor Law to Government Acquisitions
Subpart 1822.17—Combating Trafficking in Persons
1822.1704 Violations and Remedies.
(a) Contracting officers shall notify their Center Contractor Industrial Relations Officer
upon taking any action for violations and remedies.
Subpart 1822.18—Employment Eligibility Verification
1822.1802 Policy.
(d) Contracting officers shall notify the Headquarters Office of Procurement,
Procurement Operations Division, who will notify the Headquarters Contractor Industrial
Relations Officer of any waivers granted for E-Verify.
2015 EDITION (Thru PN 23-04)
1822-8
NASA Federal Acquisition Regulation Supplement
Part 1823—Environment, Energy and Water Efficiency, Renewable Energy Technologies,
Occupational Safety, and Drug-Free Workplace
PART 1823
ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
(Revised October 18, 2016)
TABLE OF CONTENTS
SUBPART 1823.1
1823.103
1823.103-70
1823.103-72
SUSTAINABLE ACQUISITION POLICY
Sustainable Acquisition.
Screening Procurement Requirements.
Sustainable Acquisition Reporting.
SUBPART
1823.2
ENERGY AND WATER EFFICIENT AND
RENEWABLE ENERGY
Policy.
Procurement Exemptions.
Federal fleet and transportation efficiency.
NASA Solicitation provision and contract clause.
1823.4
USE OF RECOVERED MATERIALS AND BIOBASED
PRODUCTS
Agency affirmative procurement programs.
SUBPART
1823.570
1823.570-1
1823.570-2
1823.570-3
1823.5
DRUG-FREE WORKPLACE
Drug-and alcohol-free workforce.
Definitions.
Contract clause.
Suspension of payments, termination of contract, and
debarment and suspension actions.
SUBPART
1823.7
CONTRACTING FOR ENVIRONMENTALLY
PREFERABLE PRODUCTS AND SERVICES
Policy.
Electronic products environmental assessment tool.
SUBPART
1823.7001
1823.70
SAFETY AND HEALTH
NASA solicitation provisions and contract clauses.
SUBPART
1823.7101
1823.7102
1823.71
AUTHORIZATION FOR RADIO FREQUENCY USE
Contract clause.
Procedures.
1823.202
1823.204
1823.270
1823.271
SUBPART
1823.404
1823.703
1823.704
2015 EDITION (Thru PN 23-04)
1823-1
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Part 1823—Environment, Energy and Water Efficiency, Renewable Energy Technologies,
Occupational Safety, and Drug-Free Workplace
PART 1823
ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
Subpart 1823.1—Sustainable Acquisition Policy
1823.103 Sustainable acquisitions.
(a) In order to meet sustainable acquisition goals, every NASA procurement must be
screened for the applicability of the Federal environmental programs listed in this Part. This
screening starts with the request originator, particularly for direct purchases of supplies. For
service contracts and more complex acquisitions, this screening may be performed by the
acquisition planning team. Request originators or the acquisition planning team, as appropriate,
are also responsible for ensuring their procurement requirements comply with their center or
facility’s environmental management system as prescribed in NPR 8553.1, NASA
Environmental Management System.
1823.103-70 Screening Procurement Requirements.
NASA Form (NF) 1707, Special Approvals and Affirmations for Requisitions, Section 3,
requires request originators to review the Federal environmental programs and document if they
apply to the procurement, if they will be met, or if a waiver is provided. As specified in NPR
8530.1, the center environmental organization is also available to provide support to both the
contracting officer and request originator on the applicability of environmental programs. Using
the NF 1707 as a guide, contracting officers shall screen procurement requirements to determine
if any of the environmental programs apply, to place the appropriate FAR provisions and clauses
in solicitations and contracts, and accurately record sustainable acquisition activity in the Federal
Procurement Data System (FPDS).
1823.103-72 Sustainable Acquisition Reporting.
The Recovered Materials/Sustainability FPDS Data Element Choices must be thoughtfully and
properly selected so that there is adequate data to gauge the progress and performance in the
various environmental programs. The data in FPDS will be used to determine if NASA is
meeting the sustainable acquisition goals. Centers are encouraged to use this data to measure
their progress on a regular basis as part of their self-assessments, and to make any corrections
necessary to improve performance. The FPDS data will be used for semiannual reports to the
Office of Management and Budget (OMB) on NASA’s sustainable acquisition performance.
Subpart 1823.2—Energy and Water Efficiency and Renewable Energy
1823.202 Policy.
(a) NPR 8570.1, Energy Management Program, provides procedural requirements for
evaluating and implementing cost-effective energy efficiency, renewable energy, and water
conservation measures in NASA facilities and operations. Both these NASA requirements and
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Part 1823—Environment, Energy and Water Efficiency, Renewable Energy Technologies,
Occupational Safety, and Drug-Free Workplace
Federal environmental programs apply to the direct purchase of energy-or water-using products,
e.g., appliances, computers, faucets, and to contracts where these products will be used by the
contractor in performance of the contract, such facilities operations and maintenance (O&M) and
construction contracts.
1823.204 Procurement exemptions.
The center or Component facility environmental manager is delegated authority to make the
exemption determination at FAR 23.204.
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 1823.4—Use of Recovered Materials and Biobased Products
1823.404 Agency affirmative procurement programs.
NASA’s affirmative procurement program is described in the NPR 8530.1, NASA Sustainable
Acquisition.
1823.406 Solicitation provisions and contract clauses.
(b) When using FAR clause 52.223-2, Affirmative Procurement of Biobased Products
Under Service and Construction Contracts, insert the website at
http://www.biopreferred.gov/BioPreferred/faces/pages/ContractorReporting.xhtml which is
specifically designed to track Federal contractors’ purchases of biobased products.
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.
"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 or performing mission-critical duties. The term also includes any applicant who is
tentatively selected for a position described in this paragraph.
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Part 1823—Environment, Energy and Water Efficiency, Renewable Energy Technologies,
Occupational Safety, and Drug-Free Workplace
“Mission Critical Space Systems” means the collection of all space-based and ground-based
systems used to conduct space missions or support activity in space, including, but not limited to,
the crewed space system, space-based communication and navigation systems, launch systems,
and mission/launch control.
“Mission Critical Positions/Duties” means positions or duties which, if performed in a faulty,
negligent, or malicious manner, could jeopardize mission critical space systems and/or delay a
mission.
"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 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.
1823.570-3 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 are described
in the following directives:
(i) NPR 1800.1, NASA Occupational Health Program Procedures
(ii) NPD 8500.1, NASA Environmental Management;
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(iii) NPR 8510.1, NASA Cultural Resources Management;
(iv) NPR 8530.1, NASA Sustainable Acquisition;
(v) NPR 8553.1, NASA Environmental Management System;
(vi) NPR 8570.1, NASA Energy Management Program;
(vii) NPR 8580.1, Implementing the NASA National Environmental Policy Act;
(viii) NPR 8590.1, Environmental Compliance and Restoration Program; and
(ix) Executive Order 12114.
1823.704 Electronic products environmental assessment tool.
(CIO).
(c) Exceptions to FAR 23.704(a) may be granted by the NASA Chief Information Officer
Subpart 1823.70—Safety and Health
1823.7001 NASA solicitation provisions and contract clauses.
(a) Insert the clause at 1852.223–70, Safety and Health Measures and Mishap Reporting,
in solicitations and contracts above the simplified acquisition threshold when the work will be
conducted completely or partly on federally-controlled facilities.
(b) The clause prescribed in paragraph (a) of this section may be excluded, with the
approval of the installation official(s) responsible for matters of safety and occupational health.
(c) The contracting officer shall insert the provision at 1852.223-73, Safety and Health
Plan, in solicitations above the simplified acquisition threshold when the work will be conducted
completely or partly on a Federally-controlled facility and the safety and health plan will be
evaluated in source selection as approved by the source selection authority. 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
incorporate the plan as an attachment into any resulting contract. The contracting officer shall
insert the provision, with its Alternate I, in Invitations for Bid.
(d)(1) The contracting officer shall insert FAR clause at 52.236-13 with its Alternate I in
solicitations and contracts when the work will be conducted completely or partly on a Federallycontrolled facility and a Safety and Health Plan will be reviewed after award as a contract
deliverable. The contracting officer may modify the wording in paragraph (f) of Alternate I to
specify:
(i) When the proposed plan is due and
(ii) Whether the contractor may commence work prior to approval of the
plan; or
(iii) To what extent the contractor may commence work before the plan is
approved.
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Part 1823—Environment, Energy and Water Efficiency, Renewable Energy Technologies,
Occupational Safety, and Drug-Free Workplace
(2) The requiring activity, in consultation with the cognizant health and safety
official(s), will identify the data deliverable requirements for the safety and health plan. After
receiving the concurrence of the center safety and occupational health official(s), the contracting
officer shall incorporate the plan as an attachment into the contract.
(e)(1) 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.
(2) Insert the clause with its Alternate I if—
(i) The solicitation or contract is with an educational or other nonprofit
institution and contains the termination clause at FAR 52.249-5; or
(ii) The solicitation or contract is for commercial items and contains the
clause at FAR 52.212-4.
(3) For contracts with estimated values below $500,000, use of the clause is
optional.
(f) The contracting officer shall insert the clause at 1852.223-72, Safety and Health
(Short Form) in solicitations and contracts above the simplified acquisition threshold when work
will be conducted completely or partly on Federally-controlled facilities and that do not contain
the clause at 1852.223-73 or the FAR clause at 52.236-13 with its Alternate I.
Subpart 1823.71—Authorization for Radio Frequency Use
1823.7101 Contract clause.
The contracting officer shall insert the clause at, 1852.223-71 Authorization for Radio Frequency
Use, in solicitations and contracts calling for developing, producing, constructing, testing, or
operating a device for which a radio frequency equipment authorization is required.
1823.7102 Procedures.
NPD 2570.5, NASA Electromagnetic Spectrum Management, requires the submission of a
request for spectrum certification to Center Spectrum Manager (SM) for all activities using the
Electromagnetic Spectrum. The procurement request originator must submit the request for
spectrum certification as early in the acquisition and procurement cycles as possible. NPR
2570.1, NASA Radio Frequency (RF) Spectrum Management Manual, sets forth the procedures
for the management requirements for establishing and governing the use of radio frequencies.
Contractors, providing or operating RF equipment for NASA use, shall obtain RF spectrum
authorization from the Center/Facility Spectrum Manager in accordance the procedures set forth
in the NPR from the installation's spectrum manager.
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NASA Federal Acquisition Regulation Supplement
Part 1824—Protection of Privacy and Freedom of Information
PART 1824
PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
(September 2015)
TABLE OF CONTENTS
SUBPART
1824.102
1824.103
1824.1
PROTECTION OF INDIVIDUAL PRIVACY
General.
Procedures.
SUBPART
1824.203
1824.2
FREEDOM OF INFORMATION ACT
Policy.
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Part 1824—Protection of Privacy and Freedom of Information
PART 1824
PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
Subpart 1824.1—Protection of Individual Privacy
1824.102 General.
(1) For NASA rules and regulations implementing the Privacy Act, see Privacy Act NASA Regulations, (14 CFR 1212). The Act applies to any contractor maintaining a system of
records to accomplish a NASA mission.
(2) Systems of records to which the Privacy Act does not apply include—
(i) Records maintained by a contractor on individuals employed by the contractor
on its own behalf for the purpose of providing supplies and services to the Federal Government;
and
(ii) Records that—
(A) Are maintained under contracts with educational institutions to provide
training;
(B) Are generated on students working under the contract relative to their
attendance (admission forms, grade reports, etc.);
(C) Are similar to those maintained on other students; and
(D) Are commingled with their records on other students.
1824.103 Procedures.
(b)(2) Ensure the contract work statement references the applicable sections of 14 CFR
1212, Privacy Act - NASA Regulations and NPR 1382.1, NASA Privacy Procedural
Requirements.
Subpart 1824.2—Freedom of Information Act
1824.203 Policy.
(a) For NASA implementation of the Freedom of Information Act, see Availability of
Agency Records to Members of the Public (14 CFR 1206).
(b) When the contracting officer receives a Freedom of Information Act (FOIA) request
from the public, the contracting officer shall immediately refer the request to the cognizant FOIA
Officer. A listing of NASA FOIA Officers and their contact information can be found here.
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NASA Federal Acquisition Regulation Supplement
Part 1825—Foreign Acquisition
PART 1825
FOREIGN ACQUISITION
(September 2015)
TABLE OF CONTENTS
1825.003
1825.003-70
Definitions.
NASA definitions.
SUBPART
1825.103
1825.1
BUY AMERICAN ACT--SUPPLIES
Exceptions.
SUBPART
1825.400
1825.4
TRADE AGREEMENTS
Scope of subpart.
SUBPART
1825.901
1825.903
1825.9
CUSTOMS AND DUTIES
Policy.
Exempted supplies.
SUBPART
1825.10
ADDITIONAL FOREIGN ACQUISITION
REGULATIONS
Waiver of right to examination of records.
Use of foreign currency.
1825.11
SOLICITATION PROVISIONS AND CONTRACT
CLAUSES
Acquisition of Supplies.
Other provisions and clauses.
Export control.
1825.70
FOREIGN CONTRACTS AND INTERNATIONAL
AGREEMENT CLEARANCES
Scope of subpart.
Definition.
Foreign Contracts.
International Agreements.
1825.1001
1825.1002
SUBPART
1825.1101
1825.1103
1825.1103-70
SUBPART
1825.7000
1825.7001
1825.7002
1825.7003
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Part 1825—Foreign Acquisition
PART 1825
FOREIGN ACQUISITION
See PCD 12-01A for further guidance.
See PCD 21-04A for further guidance.
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
See PCD 21-04 for further guidance related to FAR 25.103 and NFS 1825.103.
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 Senior Procurement Executive 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 $3,000.
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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). Upon arrival of foreign supplies
at a port of entry, the consignee, generally the commercial carrier or its agent (import broker), will
file CBP Form 7501, Entry Summary. All duty-free certificates must be coordinated with the
center Chief Counsel. Procurement officers must maintain a record of each certification and make
this record available for periodic review by NASA Headquarters and the U.S. Customs Service.
Subpart 1825.10—Additional Foreign Acquisition Regulations
1825.1001 Waiver of right to examination of records.
(b) The Administrator is the approval authority for waivers. The contracting officer must
submit the waiver request, consisting of the determination and findings prescribed in FAR
25.1001(b) and any relevant supporting information, to the Headquarters Office of Procurement,
Procurement Strategic Operations Division.
1825.1002 Use of foreign currency.
The NASA Headquarters Comptroller is the designated official for making the determination of the
feasibility of using excess or near-excess currency.
Subpart 1825.11—Solicitation Provisions and Contract Clause
1825.1101 Acquisition of supplies.
(c)(1) NASA has determined that the restrictions of the Buy American Act are not
applicable to U.S.-made end products.
(e) The contracting officer must add paragraph (k) as set forth in 1852.225-8, Duty-Free
Entry of Space Articles, in solicitations and contracts when the supplies that will be accorded duty-
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free entry are identifiable before award. Insert the supplies determined in accordance with FAR
Subpart 25.9 and 1825.903.
1825.1103 Other provisions and clauses.
1825.1103-70 Export control.
(a) Background. (1) NASA contractors and subcontractors are subject to U.S. export
control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22
CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730
through 799. The contractor is responsible for obtaining the appropriate licenses or other
approvals from the Department of State or the Department of Commerce when it exports hardware,
technical data, or software, or provides technical assistance to a foreign destination or "foreign
person", as defined in 22 CFR 120.16, and there are no applicable or available
exemptions/exceptions to the ITAR/ EAR, respectively. A person who is lawfully admitted for
permanent residence in the United States is not a "foreign person". (See 22 CFR 120.16 and 15
CFR 734.2(b)(2)(ii).)
(2) The exemption at 22 CFR 125.4(b)(3) of the ITAR provides that a contractor
may export technical data without a license if the contract between the agency and the exporter
provides for the export of the data. The clause at 1852.225-70, Alternate I, provides contractual
authority for the exemption, but the exemption is available only after the contracting officer, or
designated representative, provides written authorization or direction enabling its use. It is NASA
policy that the exemption at 22 CFR 125.4(b)(3) may only be used when technical data (including
software) is exchanged with a NASA foreign partner pursuant to the terms of an international
agreement in furtherance of an international collaborative effort. The contracting officer must
obtain the approval of the Center Export Administrator before granting the contractor the authority
to use this exemption.
(b) Contract clause. Insert the clause at 1852.225-70, Export Licenses, in all solicitations
and contracts, except in contracts with foreign entities. Insert the clause with its Alternate I when
the NASA project office indicates that technical data (including software) is to be exchanged by
the contractor with a NASA foreign partner pursuant to an international agreement.
Subpart 1825.70—Foreign Contract and International Agreement Clearances
1825.7000 Scope of subpart.
This subpart prescribes policy and procedures for pre-award clearance of foreign contracts, and for
coordination of international agreements that contemplate award of contracts using appropriated
funds.
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Part 1825—Foreign Acquisition
1825.7001 Definition.
"Foreign contract acquisition” as used in this subpart, means the acquisition by negotiation of
supplies or services, including construction work and research and development when the work is
to be performed outside the United States by a foreign government or instrumentality thereof or by
a foreign private contractor. The term does not include—
(a) Negotiation of contracts with domestic concerns involving work to be performed
outside the United States; or
(b) Contracts with the Canadian Commercial Corporation.
1825.7002 Foreign Contracts.
(a) Policy. Following the procedure in paragraph (b) of this section, the Acquisition Team
must coordinate with Headquarters before initiating any foreign contract acquisition if the
acquisition is valued above $100,000 or involves export control issues.
(b) Procedure.
(1) The Headquarters or field installation technical office requiring a foreign
contract acquisition meeting any of the criteria in paragraph (a) of this section must complete the
Request to Award A Foreign Contract template, and provide it through the contracting officer to
the Headquarters Office of Procurement, Procurement Strategic Operations Division and
Headquarters Office of International and Interagency Relations.
1825.7003 International Agreements.
Headquarters Office of Procurement, Procurement Strategic Operations Division concurrence is
required for all Memoranda of Understanding with foreign entities and for other types of
international agreements which contemplate the procurement of goods or services using U.S.
appropriated funds. Headquarters Office of Procurement, Procurement Strategic Operations
Division concurrence is not required for agreements that are done solely on a cooperative basis.
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NASA Federal Acquisition Regulation Supplement
Part 1826—Other Socioeconomic Programs
PART 1826
OTHER SOCIOECONOMIC PROGRAMS
(August 9, 2017)
TABLE OF CONTENTS
SUBPART
1826.302
1826.3
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
General Policy.
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Part 1826—Other Socioeconomic Programs
PART 1826
OTHER SOCIOECONOMIC PROGRAMS
See PIC 17-04A for further guidance related to FAR subpart 26.2.
Subpart 1826.3—Historically Black Colleges and Universities and Minority Institutions
1826.302 General Policy.
NASA’s policy is to attain an Agency-wide goal of one percent of total contract value of prime and
subcontracting awards for acquisitions to Historically Black Colleges and Universities (HBCU)
and Minority Institutions (MI), pursuant to 51 U.S.C. 30304 (Pub. L. 111-314). This goal is
calculated as the sum of prime HBCU/MI dollars as reported in FPDS-NG and subcontracted
HBCU/MI dollars as reported in eSRS, divided by total small business eligible dollars as reported
in FPDS-NG.
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NASA Federal Acquisition Regulation Supplement
Part 1827—Patents, Data, and Copyrights
PART 1827
PATENTS, DATA, AND COPYRIGHTS
TABLE OF CONTENTS
1827.000
Scope of part.
SUBPART 1827.3
1827.301
1827.302
1827.303
1827.304
1827.304-1
1827.304-2
1827.304-3
1827.304-4
1827.305
1827.305-2
1827.305-270
1827.305-271
1827.305-3
PATENT RIGHTS UNDER GOVERNMENT CONTRACTS
Definitions.
Policy.
NASA solicitation provisions and contract clauses.
Procedures.
General.
Contracts placed by or for other Government agencies.
Subcontracts.
Appeals.
Administration of the patent rights clauses.
Administration by the Government.
Reserved.
New technology reporting plan.
Securing invention rights acquired by the Government.
SUBPART
1827.404
1827.404-2
1827.404-3
1827.404-4
1827.404-5
1827.405
1827.405-3
1827.406
1827.406-1
1827.408
1827.409
RIGHTS IN DATA AND COPYRIGHTS
Basic rights in data clause.
Limited rights data and restricted computer software.
Copyrighted works.
Contractor’s Release, publication, and use of data.
Unauthorized, omitted, or incorrect markings.
Other data rights provisions.
Commercial computer software.
Acquisition of data.
General.
Co-sponsored research and development activities.
Solicitation provisions and contract clauses.
1827.4
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Part 1827—Patents, Data, and Copyrights
PART 1827
PATENTS, DATA, AND COPYRIGHTS
1827.000 Scope of part.
This part prescribes NASA policies, procedures, and contract clauses pertaining to patents, data,
and copyrights. The provisions of FAR Part 27 apply to NASA acquisitions unless specifically
excepted in this part.
Subpart 1827.3—Patent Rights Under Government Contracts
1827.301 Definitions.
"Administrator" means the Administrator of NASA or a duly authorized representative.
"Reportable item" means any invention, discovery, improvement, or innovation of the contractor,
whether or not patentable or otherwise protectable under Title 35 of the United States Code,
made in the performance of any work under any NASA contract or in the performance of any
work that is reimbursable under any clause in any NASA contract providing for reimbursement
of costs incurred before the effective date of the contract. Reportable items include, but are not
limited to, new processes, machines, manufactures, and compositions of matter, and
improvements to, or new applications of, existing processes, machines, manufactures, and
compositions of matter. Reportable items also include new computer programs, and
improvements to, or new applications of, existing computer programs, whether or not
copyrightable or otherwise protectable under Title 17 of the United States Code.
"Subject invention," in lieu of the definition in FAR 27.301, means any reportable item that is or
may be patentable or otherwise protectable under Title 35 of the United States Code, or any
novel variety of plant that is or may be protectable under the Plant Variety Protection Act
(7 U.S.C. 2321, et seq.).
1827.302 Policy.
(a) Introduction. NASA policy with respect to any invention, discovery, improvement, or
innovation made in the performance of work under any NASA contract or subcontract with other
than a small business firm or a nonprofit organization and the allocation of related property rights
is based upon Section 20135 of the National Aeronautics and Space Act (51 U.S.C. 20135) (the
Act); and, to the extent consistent with this statute, the Presidential Memorandum on Government
Patent Policy to the Heads of Executive Departments and Agencies, dated February 18, 1983, and
Section 1(b)(4) of Executive Order 12591. NASA contractors subject to Section 20135 of the Act
shall ensure the prompt reporting of reportable items in order to protect the Government's interest
and to provide the widest practicable and appropriate dissemination, early utilization, expeditious
development, and continued availability for the benefit of the scientific, industrial, and commercial
communities and the general public.
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(b) Contractor right to elect title.
(1) For NASA contracts, the contractor right to elect title under the FAR only
applies to contracts with small businesses and nonprofit organizations. For other business entities,
see paragraph (2)(v) of this section.
(2)(v) Under any NASA contract with other than a small business or nonprofit
organization (i.e., contracts subject to Section 20135(b) of the Act), title to subject inventions vests
in NASA when the determinations of Section 20135(b)(1)(A) or (b)(1)(B) have been made. The
Administrator may grant the contractor a waiver of title in accordance with 14 CFR Part 1245.
(3) Contractor petitions for waiver of title. The Administrator may waive all or
any part of the rights of the United States with respect to any invention or class of inventions made
or which may be made in the performance of NASA contracts with other than a small business
firm or a nonprofit organization if the Administrator determines that the interests of the United
States will be served. The procedures and instructions for contractors to submit petitions for
waiver of rights in subject inventions are provided in the NASA Patent Waiver Regulations, 14
CFR Part 1245, Subpart 1, http://www.gpo.gov/fdsys/pkg/CFR-2012-title14-vol5/pdf/CFR-2012title14-vol5-part1245.pdf . Waiver may be requested in advance of contract award for any subject
invention or class of subject inventions or during contract performance for individually identified
subject inventions reported under the contract. For individual identified subject inventions, the
petition shall identify each invention with particularity (e.g., by NASA’s assigned number to the
Disclosure of Invention and New Technology report or by title and inventorship). For advance
waivers, the petition shall identify the invention or class of inventions that the Contractor believes
will be made under the contract and for which waiver is being requested. To meet the statutory
standard of “any invention or class of inventions,” the petition must be directed to a single
invention or to inventions directed to a particular process, machine, manufacture, or composition of
matter, or to a narrowly-drawn, focused area of technology. When a waiver of title is granted, the
contractor's right to title, the rights reserved by the Government, and other conditions and
obligations of the waiver, such as requirements for reporting and filing patent applications on
waived inventions, are provided in the NASA Patent Waiver Regulations, 14 CFR Part 1245,
Subpart 1, and the Instrument of Waiver executed under those Regulations.
(c) Government license. For each subject invention made in the performance of work
under a NASA contract with other than a small business firm or nonprofit organization and for
which waiver of title has been granted, the Administrator shall reserve an irrevocable,
nonexclusive, nontransferable, royalty-free license for the practice of such invention throughout
the world by or on behalf of the United States or any foreign Government in accordance with any
treaty or agreement of the United States.
(e) Utilization reports. For each subject invention made in the performance of work under
a NASA contract with other than a small business firm or a nonprofit organization and for which
waiver of title has been granted, the requirements for utilization reports shall be as set forth in the
NASA Patent Waiver Regulations, 14 CFR Part 1245, Subpart 1, and the Instrument of Waiver
executed under those Regulations.
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(f) March-in rights. For each subject invention made in the performance of work under a
NASA contract with other than a small business firm or a nonprofit organization and for which
waiver of title has been granted, march-in rights shall be as set forth in the NASA Patent Waiver
Regulations, 14 CFR Part 1245, Subpart 1, and the Instrument of Waiver executed under those
Regulations.
(g) Preference for United States industry. For each subject invention made in the
performance of work under a NASA contract with other than a small business firm or a nonprofit
organization and for which waiver of title has been granted, waiver of the requirement for
substantial manufacture in the United States shall be in accordance with Title 35 of the United
States Code, Section 204.
(i) Minimum rights to contractor.
(1) For NASA contracts with other than a small business firm or a nonprofit
organization, where title to any subject inventions vests in NASA, the contractor is normally
granted, in accordance with the NASA Patent Waiver Regulations, 14 CFR 1245.108, a revocable,
nonexclusive, royalty-free license in each patent application filed in any country and in any
resulting patent. The license extends to any of the contractor’s domestic subsidiaries and affiliates
within the corporate structure, and includes the right to grant sublicenses of the same scope to the
extent the contractor was legally obligated to do so at the time the contract was awarded. The
license and right are transferable only with the approval of the Administrator, except when
transferred to the successor of that part of the contractor's business to which the invention pertains.
(2) The procedures for revoking or modifying the license to a contractor that is
other than a small business firm or a nonprofit organization are described in 14 CFR 1245.108.
(k) Awards. It is the policy of NASA to consider for a monetary award, when referred to
the NASA Inventions and Contributions Board in accordance with 14 CFR Part 1240, Subpart 1,
any subject invention reported to NASA in accordance with this subpart, and for which an
application for patent has been filed.
1827.303 Solicitation provisions and contract clauses.
(a)(1) The contracting officer shall insert the provision at 1852.227-84, Patent Rights
Clauses, in solicitations for experimental, developmental, or research work to be performed in the
United States when the eventual awardee may be a small business or a nonprofit organization.
(b)(1) When the clause at FAR 52.227-11 is included in a solicitation or contract, it shall
be modified as set forth at 1852.227-11.
(i) To qualify for the clause at FAR 52.227-11, a prospective contractor
shall be required to represent itself as either a small business firm or a nonprofit organization. If
the contracting officer has reason to question the size or nonprofit status of the prospective
contractor, the contracting officer will follow the procedures at FAR 27.304-1(a).
(iii) The contracting officer shall complete paragraph (j) of the clause at
FAR 52.227-11 with the following: Communications and information submissions required by
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this clause will be made to the individuals identified in the clause at 1852.227-72, Designation of
New Technology Representative and Patent Representative.
(iv) See also paragraph (d)(3) of this section.
(6) Alternate IV to 52.227-11 is not used in NASA contracts. See instead
1827.303(b)(1).
(7) The contracting officer shall consult with the center patent or intellectual
property counsel regarding the use of Alternate V in contracts for the performance of services at a
NASA installation when a contractor is directed to fulfill the Government’s obligations under a
Cooperative Research and Development Agreement (CRADA) authorized by 15 U.S.C. 3710a.
Alternate V may be included in, or added to, the contract when it is contemplated that a Contractor
will be directed to fulfill NASA’s obligations under a CRADA, but should be added prior to the
contractor performing work under the CRADA.
(d)(1) The contracting officer shall insert the clause at 1852.227-70, New TechnologyOther than a Small Business Firm or Nonprofit Organization, in all NASA solicitations and
contracts with other than a small business firm or a nonprofit organization (i.e., those subject to
section 21035(b) of the Act), if the contract is to be performed in the United States, and has as a
purpose the performance of experimental, developmental, research, design, or engineering work.
Contracts for any of the following purposes may be considered to involve the performance of work
of the type described above (these examples are illustrative and not all inclusive):
(i) Conduct of basic or applied research.
(ii) Development, design, or manufacture for the first time of any machine,
article of manufacture, or composition of matter to satisfy NASA's specifications or special
requirements.
(iii) Development of any process or technique for attaining a NASA
objective not readily attainable through the practice of a previously developed process or
technique.
(iv) Testing of, evaluation of, or experimentation with a machine, process,
concept, or technique to determine whether it is suitable or could be made suitable for a NASA
objective.
(v) Construction work or architect-engineer services having as a purpose
the performance of experimental, developmental, or research work or test and evaluation studies
involving such work.
(vi) The operation of facilities or the coordination and direction of the work
of others, if these activities involve performing work of any of the types described in paragraphs (i)
through (v) of this section.
(2) The contracting officer shall insert the provision at 1852.227-71, Requests for
Waiver of Rights to Inventions, in all solicitations that include the clause at 1852.227-70, New
Technology-Other than a Small Business Firm or Nonprofit Organization (see paragraph (d)(1) of
this section).
(3) The contracting officer shall insert the clause at 1852.227-72, Designation of
New Technology Representative and Patent Representative, in all solicitations and contracts
containing either of the clauses at FAR 52.227-11, Patent Rights—Ownership by the Contractor, or
1852.227-70, New Technology-Other than a Small Business Firm or Nonprofit Organization (see
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paragraph (d)(1) of this section). It may also be inserted, upon consultation with the center patent
or intellectual property counsel, in solicitations and contracts using another patent rights clause.
The center New Technology and Patent Representatives are identified at
http://prod.nais.nasa.gov/portals/pl/new_tech_pocs.html.
(e)(1) When work is to be performed outside the United States by contractors that are not
domestic firms, the clause at 1852.227-85, Invention Reporting and Rights—Foreign, shall be used
unless the contracting officer determines, with concurrence of the center patent or intellectual
property counsel, that the objectives of the contract would be better served by use of the clause at
FAR 52.227-13, Patent Rights—Ownership by the Government. For this purpose, the contracting
officer may presume that a contractor is not a domestic firm unless it is known that the firm is not
foreign owned, controlled, or influenced. (See FAR 27.304-3 regarding subcontracts with U.S.
firms.)
(2) When one of the conditions in FAR 27.303(e)(1)(i) through (iv) is met, the
contracting officer shall consult with the center patent or intellectual property counsel to determine
the appropriate clause.
1827.304 Procedures.
1827.304-1 General.
(b)(1) Exceptions. In any contract with other than a small business firm or nonprofit
organization, the NASA Patent Waiver Regulations, 14 CFR Part 1245, Subpart 1, shall apply.
(c) Greater rights determinations. In any contract with other than a small business firm or
a nonprofit organization and with respect to which advance waiver of rights has not been granted
(see 1827.302(b)(3)), the contractor (or an employee-inventor of the contractor after consultation
with the contractor) may request waiver of title to an individual identified subject invention
pursuant to the NASA Patent Waiver Regulations, 14 CFR Part 1245, Subpart 1.
(d) Retention of rights by inventor. The NASA Patent Waiver Regulations, 14 CFR Part
1245, Subpart 1, apply for any invention made in the performance of work under any contract with
other than a small business firm or a nonprofit organization.
(f) Revocation or modification of contractor's minimum rights. For contracts with other
than a small business firm or a nonprofit organization, revocation or modification of the
contractor's license rights in subject inventions made and reported under the contract shall be in
accordance with 14 CFR 1245.108 (see 1827.302(i)(2)).
(g) Exercise of march-in rights. For contracts with other than a small business firm or a
nonprofit organization, the procedures for the exercise of march-in rights shall be as set forth in the
NASA Patent Waiver Regulations, 14 CFR Part 1245, Subpart 1.
(h) Licenses and assignments under contracts with nonprofit organizations. The
Headquarters Agency Counsel for Intellectual Property (ACIP) is the approval authority for
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assignments. Contractor requests should be made to the Patent Representative designated in the
clause at 1852.227-72 and forwarded, with recommendation of the Patent Representative, to the
ACIP for approval.
1827.304-2 Contracts placed by or for other Government agencies.
(a)(3)(i) This subsection applies only to contracts placed by or for other agencies and not
to task or delivery orders placed by or for other agencies against NASA Government-wide
Acquisition Contracts (GWACs) or Multiple Agency Contracts (MACs).
(ii) When a contract is placed for another agency with a small business or
nonprofit organization and the agency does not request the use of a specific patent rights clause, the
contracting officer shall use the clause at FAR 52.227-11, Patent Rights--Ownership by the
Contractor as modified by 1852.227-11 (see 1827.303(b)(1)).
(iii) When a contract is placed for another agency with other than a small
business or nonprofit organization, the contracting officer, in accordance with Section 20135 of the
Act, shall use the clause at 1852.227-70, New Technology-Other than a Small Business Firm or
Nonprofit Organization (see 1827.303(d)(1)).
(iv) When work is to be performed outside the United States by contractors
that are not domestic firms, the contracting officer shall use one of the clause described in
1827.303(e)(1).
1827.304-3 Subcontracts.
(a) Unless otherwise authorized or directed by the contracting officer, contractors
awarding subcontracts at any tier shall select and include in the subcontracts one of the clauses
identified in subparagraphs (a)(1) or (a)(2) of this section. At all tiers, the applicable clause
identified below shall be modified to identify the parties as follows: references to the Government
are not changed, and in all references to the Contractor the subcontractor is substituted for the
Contractor so that the subcontractor has all rights and obligations of the Contractor in the clause.
(1) The clause at 1852.227-70, New Technology-Other than a Small Business Firm
or Nonprofit Organization, shall be used in any subcontract with other than a small business firm
or a nonprofit organization if a purpose of the subcontract is the performance of experimental,
developmental, research, design, or engineering work of any of the types described in
1827.303(d)(1).
(2) The clause at FAR 52.227-11, Patent Rights--Ownership by the Contractor,
modified by 1852.227-11 (see 1827.303(b)(1)), shall be used in any subcontract with a small
business firm or a nonprofit organization if a purpose of the subcontract is the performance of
experimental, developmental, or research work.
1827.304-4 Appeals.
FAR 27.304-4 shall apply unless otherwise provided in the NASA Patent Waiver Regulations, 14
CFR Part 1245, subpart 1.
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1827.305 Administration of the patent rights clauses.
(a) For each contract containing the clause at 52.227-11, Patent Rights—Ownership by the
Contractor, or the clause at 1852.227-70, New Technology-Other than a Small Business Firm or
Nonprofit Organization, the contracting officer shall take the following actions:
(1) Furnish, or require the contractor to furnish, directly to the New Technology
Representative and the Patent Representative, a copy of each contract (and modifications thereto),
and copies of the final technical report, interim technical progress reports, and other pertinent
material provided under the contract, unless the New Technology Representative or Patent
Representative indicates otherwise.
(2) Notify the New Technology Representative as to which center organization has
technical cognizance of the contract.
(b) The New Technology Representative shall take the following actions:
(1) In consultation with the Contracting Officer’s Representative (COR), review
the technical progress of work performed under the contract to ascertain whether the contractor and
its subcontractors are complying with the reporting and recordkeeping requirements of the New
Technology—Other than a Small Business Firm or Nonprofit Organization clause or the Patent
Rights—Ownership by the Contractor clause.
(2) Forward to the Patent Representative copies of all contractor and subcontractor
disclosures of reportable items and of subject inventions, interim new technology summary reports,
final new technology summary reports, and utilization reports, as well as a copy of any written
statement or correspondence with respect to such matters submitted therewith.
(3) Consult with the Patent Representative whenever a question arises as to
whether a given reportable item is to be considered a subject invention and whether it was made in
the performance of work under the contract.
(4) Forward to the Patent Representative all correspondence relating to invention
waivers under the New Technology-Other than a Small Business Firm or Nonprofit Organization
clause or election of title under the Patent Rights—Ownership by the Contractor clause.
(5) Upon receipt of the final new technology summary report required by the
clause, and upon determination that the contract work is complete, consult with the COR to
determine whether the contractor has complied with the clause's invention reporting requirements.
If so, the New Technology Representative shall certify compliance, obtain the Patent
Representative's concurrence, and forward the certification to the contracting officer.
(c) The Patent Representative shall review each reportable item to ascertain whether it is to
be considered a subject invention, obtain any determinations required by paragraph (b) of the
clause at 1852.227-70, New Technology—Other than a Small Business Firm or Nonprofit
Organization, and notify the contractor. As to any subject invention, the Patent Representative
shall—
(1) Ensure that the contractor has provided sufficient information to protect the
Government's rights and interests in it and, if applicable, to permit the preparation, filing, and
prosecution of patent applications;
(2) Determine inventorship;
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(3) Ensure the preparation of instruments establishing the Government's rights; and
(4) Conduct selected reviews to ensure that subject inventions are identified,
adequately documented, and timely reported or disclosed.
(d) Either the New Technology Representative or the Patent Representative, in
consultation with the other, may prepare opinions, make determinations, and otherwise advise the
contracting officer with respect to any withholding of payment under paragraph (g) of the clause at
1852.227-70, New Technology—Other than a Small Business Firm or Nonprofit Organization.
Either the New Technology Representative or the Patent Representative may represent the
contracting officer for the purpose of examining the contractor's books, records, and other
documents in accordance with paragraph (f) of the clause and take corrective action as appropriate.
However, no action may be taken by either the New Technology Representative or the Patent
Representative that would constitute a final decision under the Disputes clause, involve any change
or increase in the work required to be performed under the contract that is inconsistent with any
right of appeal provided in FAR 27.304-4 or 14 CFR 1245, subpart 1, or otherwise be outside the
scope of the contract.
(e) The contracting officer shall not approve release of final payment under the contract
and, if applicable, any reserve set aside under the withholding provisions of the clause for
deficiencies and delinquent reporting not corrected as of the time of the submission of the final
report by the contractor until receipt of the New Technology Representative's certification of
compliance, and the Patent Representative's concurrence.
1827.305-270 Reserved.
1827.305-271 New technology reporting plan.
In contracts with an estimated cost in excess of $2,500,000 (or less when appropriate) that contain
the clause at 1852.227-70, New Technology—Other than a Small Business Firm or Nonprofit
Organization, the contracting officer may require the contractor to submit, for post-award
Government approval, a detailed plan for new technology reporting that demonstrates an adequate
understanding of and commitment to the reporting requirements of the clause.
1827.305-3 Securing invention rights acquired by the Government.
When the Government acquires the entire right to, title to, and interest in an invention under the
clause at 1852.227-70, New Technology—Other than a Small Business Firm or Nonprofit
Organization, a determination of title is to be made in accordance with Section 20135(b) of the Act
(51 U.S.C. 20135(b)), and reflected in appropriate instruments executed by NASA and forwarded
to the contractor by the contracting officer.
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Subpart 1827.4—Rights in Data and Copyrights
1827.404 Basic rights in data clause.
1827.404-2
Limited rights data and restricted computer software.
(c) Protection of limited rights data specified for delivery. The contracting officer shall
consult with the center patent or intellectual property counsel regarding any questions concerning
the delivery of limited rights data and/or the use of Alternate II that may arise from an offeror's
response to the provision at FAR 52.227-15, Representation of Limited Rights Data and Restricted
Computer Software, or during negotiations.
(d) Protection of restricted computer software specified for delivery. The contracting
officer shall consult with the center patent or intellectual property counsel regarding any questions
concerning the delivery of restricted computer software and/or the use of Alternate III that may
arise from an offeror's response to the provision at FAR 52.227-15 Representation of Limited
Rights Data and Restricted Computer Software, or during negotiations.
1827.404-3 Data Rights in Basic and Applied Research.
(a)(3) Contracting Officers shall consult with the Center Patent or Intellectual Property counsel
to determine the applicable rights in data clauses for basic or applied research contracts
performed solely by a college or university to include determining whether the use of 52.227-14
Alternate IV in lieu of 52.227-14 paragraph (c)(1) is appropriate.
[PN 22-15]
1827.404-4 Contractor’s release, publication, and use of data.
(b)(1) NASA’s intent is to ensure the most expeditious dissemination of computer software
developed by it or its contractor. Accordingly, when the clause at FAR 52.227-14, Rights in DataGeneral, is modified by 1852.227-14 (see 1827.409(b)(1)), the contractor shall not assert claim to
copyright, publish, or release to others computer software first produced in the performance of a
contract without the contracting officer's prior written permission. The prohibition on "release to
others" does not prohibit release to another Federal Agency for its use or its contractors' use, as
long as any such release is consistent with any restrictive markings on the software. Any
restrictive markings on the software shall take precedence over the aforementioned release. Any
such release to a Federal Agency in accordance with this paragraph shall limit use to the Federal
Agency or its contractors for Government purposes only.
(2) The contracting officer may, in consultation with the center patent or
intellectual property counsel, grant the contractor permission to assert claim to copyright, publish,
or release to others computer software first produced in the performance of a contract if—
(i) The contractor has identified an existing commercial computer software
product line or proposes a new one and states a positive intention of incorporating identified
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computer software first produced under the contract into that line, either directly itself or through a
licensee;
(ii) The contractor has identified an existing open source software project
or proposes a new one and states a positive intention of incorporating identified computer software
first produced under the contract into that project, or has been instructed by the Agency to
incorporate software first produced under the contract into an open source software project or
otherwise release the software as open source software;
(iii) The contractor has made, or will be required to make, substantial
contributions to the development of the computer software by co-funding or by cost-sharing, or by
contributing resources (including but not limited to agreement to provide continuing maintenance
and update of the software at no cost for Governmental use); or
(iv) The concurrence of the Agency Counsel for Intellectual Property, or
designee, is obtained.
(c)(1) The contractor's request for permission in accordance with 1827.404-4(b) may be
made either before contract award or during contract performance.
(2)(i) If the basis for permitting the assertion under 1827.404-4(b)(2) is
subsection (i), then the permission shall be granted by a contract modification prepared by the
contracting officer in consultation with the Center patent or intellectual property counsel that
contains appropriate assurances that the computer software will be incorporated into an existing
or proposed new commercial computer software product line within a specified reasonable time,
with contingencies enabling the Government to obtain the right to distribute the software for
commercial use, including the right to obtain assignment of copyright where applicable, in order
to prevent the computer software from being suppressed or abandoned by the contractor.
(ii) If the basis for permitting the assertion under 1827.404-4(b)(2) is
paragraph (b)(2)(ii), then the permission shall be granted by a contract modification prepared by
the contracting officer in consultation with the Center patent or intellectual property counsel that
contains appropriate assurances that the computer software will be incorporated into an existing
or proposed new open source project within a specified reasonable time, with contingencies
enabling the Government to obtain the right to distribute the software for open source
development, including the right to obtain assignment of copyright where applicable, in order to
prevent the computer software from being suppressed or abandoned by the contractor.
(iii) If the basis for permitting the assertion under 1827.404-4(b)(2) is
paragraph (b)(2)(iii), then the permission shall be granted by a contract modification that
contains appropriate assurances that the agreed contributions to the Government are fulfilled,
with contingencies enabling the Government to obtain assignment of copyright if such
contributions do not occur in order to prevent the computer software from being suppressed or
abandoned by the contractor.
(iv) If the basis for permitting the assertion under 1827.404-4(b)(2) is
paragraph (b)(2)(iv), then the permission shall be granted by a contract modification prepared by
the contracting officer in consultation with the Center patent or intellectual property counsel that
contains appropriate assurances as required by the Agency Counsel for Intellectual Property, or
designee, including at the very least the right to obtain assignment of copyright in order to
prevent the computer software from being suppressed or abandoned by the contractor.
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(3) When any permission to copyright is granted, any copyright license retained by
the Government shall be of the same scope as set forth in subparagraph (c)(1) of the clause at FAR
52.227-14 and without any obligation of confidentiality on the part of the Government unless, in
accordance with 1827.404-4(b)(2)(iii), the contributions of the Contractor are considered
"substantial" for the purposes of FAR 27.408 (i.e., approximately 50 percent), in which case rights
consistent with FAR 27.408 may be negotiated for the computer software in question.
(d) If the contractor has not been granted permission to assert claim to copyright,
paragraph (d)(4)(ii) of the clause at FAR 52.227-14, Rights in Data--General (as modified by
1852.227-14) enables NASA to direct the contractor to assert claim to copyright in computer
software first produced under the contract and to assign, or obtain the assignment of, such
copyright to the Government or its designated assignee. The contracting officer may, in
consultation with the center patent or intellectual property counsel, so direct the contractor in
situations where copyright protection is considered necessary in furtherance of Agency mission
objectives, needed to support specific Agency programs, or necessary to meet statutory
requirements.
1827.404-5 Unauthorized, omitted, or incorrect markings.
(a) Unauthorized marking of data. The contracting officer shall consult with the center
patent or intellectual property counsel before taking any action regarding unauthorized markings of
data under paragraph (e) of the clause at FAR 52.227-14, Rights in Data—General.
(b) Omitted or incorrect notices. The contracting officer shall consult with the center
patent or intellectual property counsel before agreeing to add or correct any markings on data
under paragraph (f) of the clause at FAR 52.227-14, Rights in Data—General.
1827.405 Other data rights provisions
1827.405-3 Commercial computer software.
When contracting for commercial computer software, follow FAR part 12 procedures. (See FAR
subparts 12.212 and 12.216.)
1827.405-4 Other existing data.
(c) See 1827.409(m) for use of the clause at 1852.227-88, Government-furnished
computer software and related technical data.
1827.406 Acquisition of data
1827.406-1 General.
Requirements for delivering technical data relating to standard commercial items, components, or
processes should be kept to the absolute minimum consistent with the purpose for which they are
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being procured. Normally, a vendor's manuals for installation, operation, or maintenance and
repair and/or form, fit, and function data are adequate.
1827.408 Co-sponsored research and development activities.
The contracting officer shall consult with the center patent or intellectual property counsel before
limiting the acquisition of or acquiring less than unlimited rights to any data developed under
contracts involving cosponsored research and development activities.
1827.409 Solicitation provisions and contract clauses.
See PCD 21-02 for further guidance related to FAR 27.409(h).
(b)(1) When the clause at FAR 52.227-14, Rights in Data—General, is included in a
solicitation or contract, it shall be modified as set forth at 1852.227-14. In contracts for basic or
applied research to be performed solely by universities and colleges, the contracting officer shall
consult with the center patent or intellectual property counsel regarding the addition of
subparagraph (4) as set forth at 1852.227-14 to paragraph (d) of the clause at FAR 52.227-14 and
they will consider the guidance provided at FAR 27.404-4.
(2) The contracting officer, with the concurrence of the center patent or intellectual
property counsel, is the approval authority for use of Alternate I of the clause at FAR 52.227-14.
An example of its use is where the principal purpose of the contract (such as a contract for basic or
applied research) does not involve the development, use, or delivery of items, components, or
processes that are intended to be acquired for use by or for the Government (either under the
contract in question or under any anticipated follow-on contracts relating to the same subject
matter).
(3) The contracting officer shall review the disclosure purposes listed in FAR
27.404-2(c)(1)(i)-(v) and, in consultation with the center patent or intellectual property counsel,
determine which disclosure purposes apply based on the nature of the acquisition, and add them to
paragraph (g)(3) of Alternate II of the clause at FAR 52.227-14, Rights in Data—General. If none
apply, the CO shall insert “none.” Additions to those specific purposes listed may be made only
with the approval of the procurement officer and concurrence of the center patent or intellectual
property counsel.
(4) The contracting officer shall consult with the center patent or intellectual
property counsel regarding the acquisition of restricted computer software with greater or lesser
rights than those set forth in Alternate III of the clause at FAR 52.227-14, Rights in Data--General.
Where it is impractical to actually modify the notice of Alternate III, such greater or lesser rights
may be indicated by express reference in a separate clause in the contract or by a collateral
agreement that addresses the change in the restricted rights.
(5) The contracting officer, with the concurrence of the center patent or intellectual
property counsel, is the approval authority for the use of Alternate IV in any contract other than a
contract for basic or applied research to be performed solely by a college or university (but not for
the management or operation of Government facilities). See the guidance at FAR 27.404-3(a)(3).
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(d) The clause at 52.227-16, Additional Data Requirements, shall be used in all
solicitations and contracts involving experimental, developmental, research, or demonstration work
(other than basic or applied research to be performed under a contract solely by a university or
college when the contract amount will be $500,000 or less), unless after consultation between the
Contracting Officer and the center patent or intellectual property counsel a determination is made
otherwise.
(g) The contracting officer shall use the clause at 1852.227-86, Commercial Computer
Software License, in lieu of FAR 52.227-19, Commercial Computer Software License, when it is
considered appropriate for the acquisition of existing computer software.
(h) Normally the clause at 52.227-20, Rights in Data—SBIR Program, is the only data
rights clause used in SBIR contracts. However, if during the performance of an SBIR contract
(Phase I, Phase II, or Phase III) the need arises for NASA to obtain delivery of limited rights data
or restricted computer software as defined in the clause at FAR 52.227-20, and the contractor
agrees to such delivery, the limited rights data or restricted computer software may be acquired by
modification of the contract (for example, by adding the clause at FAR 52.227-14 with any
appropriate Alternates and making it applicable only to the limited rights data or restricted
computer software to be delivered), or under a separate agreement, using the rights and related
restrictions as set forth in FAR 27.404-2 as a guide.
(i) Reserved.
(k)(i) The contracting officer shall add paragraph (e) as set forth in 1852.227-19(a) to the
clause at FAR 52.227-19, Commercial Computer Software—Restricted Rights, when it is
contemplated that updates, correction notices, consultation information, and other similar items of
information relating to commercial computer software delivered under a purchase order or contract
are available and their receipt can be facilitated by signing a vendor supplied agreement,
registration forms, or cards and returning them directly to the vendor.
(ii) The contracting officer shall add paragraph (f) as set forth at 1852.227-19(b) to
the clause at FAR 52.227-19, Commercial Computer Software—Restricted Rights, when portions
of a contractor's standard commercial license or lease agreement consistent with the clause, Federal
laws, standard industry practices, and the FAR are to be incorporated into the purchase order or
contract.
(m)(1) The contracting officer, shall consult with the center patent or intellectual property
counsel and the installation software release authority to determine when to use the clause at
1852.227-88, Government-furnished computer software and related technical data.
(2) The clause may be included in, or added to, the contract when it is
contemplated that computer software and related technical data will be provided to the contractor
as Government-furnished information for use in performing the contract.
[PN 18-13]
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Part 1828—Bonds and Insurance
PART 1828
BONDS AND INSURANCE
(September 2015)
TABLE OF CONTENTS
SUBPART
1828.106
1828.106-6
1828.1
BONDS
Administration.
Furnishing information.
SUBPART
1828.203
1828.2
SURETIES
Acceptability of individual sureties.
SUBPART
1828.307
1828.307-1
1828.307-2
1828.311
1828.3
INSURANCE
Insurance under cost-reimbursement contracts.
Group insurance plans.
Liability.
Solicitation provision and contract clause on liability insurance
under cost-reimbursement contracts.
Contract clause.
Agency solicitation provisions and contract clauses.
NASA solicitation provisions and contract clauses.
Fixed-price contract clauses.
Clauses incorporating cross-waivers of liability for
International Space Station activities and Science or Space
Exploration activities unrelated to the International Space
Station.
Clause for minimum insurance coverage.
1828.311-1
1828.311-2
1828.311-270
1828.370
1828.371
1828.372
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PART 1828
BONDS AND INSURANCE
Subpart 1828.1—Bonds
1828.106 Administration.
1828.106-6 Furnishing information.
(c) The contracting officer is the agency head’s designee.
Subpart 1828.2—Sureties
1828.203 Acceptability of individual sureties.
(g) Notification of suspected criminal or fraudulent activities, with all supporting
documentation, shall be submitted to the Director, Acquisition Integrity Program within the Office
of the General Counsel and the Office of Inspector General.
Subpart 1828.3—Insurance
1828.307 Insurance under cost-reimbursement contracts.
1828.307-1 Group insurance plans.
(a) The procurement officer is the approval authority.
1828.307-2 Liability.
(b)(2)(A) The procurement officer may approve a requirement for property damage
liability insurance when:
(a) A commingling of operations permits property damage
coverage at a nominal cost to NASA under insurance carried by the contractor in the course of its
commercial operations; or
(b) The contractor is engaged in the handling of high explosives or
in extra hazardous research and development activities undertaken in populated areas.
(B) In all other circumstances, the Senior Procurement Executive is the
approval authority.
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1828.311 Solicitation provision and contract clause on liability insurance under costreimbursement contracts.
1828.311-1 Contract clause.
The contracting officer shall insert the clause at FAR 52.228-7, Insurance-Liability to Third
Persons, in solicitations and contracts, other than those for construction contracts and those for
architect-engineer services, when a cost-reimbursement contract is contemplated unless—
(a) Waived by the procurement officer; or
(b) The successful offeror represents in its offer that it is totally immune from tort liability
as a State agency or as a charitable institution.
1828.311-2 Agency solicitation provisions and contract clauses.
1828.311-270 NASA solicitation provisions and contract clauses.
(a) The contracting officer must insert the clause at 1852.228-71, Aircraft Flight Risks, in
all cost-reimbursement contracts for the development, production, modification, maintenance, or
overhaul of aircraft, or otherwise involving the furnishing of aircraft to the contractor, except
when the aircraft are covered by a separate bailment.
(b) The contracting officer must insert the provision at 1852.228-80, Insurance--Immunity
from Tort Liability, in solicitations for research and development when a cost-reimbursement
contract is contemplated.
(c) The contracting officer must insert FAR clause 52.228-7 and the associated clause at
1852.228-81, Insurance—Partial Immunity From Tort Liability, when the successful offeror
represents in its offer that the offeror is partially immune from tort liability as a State agency or as
a charitable institution.
(d) The contracting officer must insert the clause at 1852.228-82, Insurance--Total
Immunity From Tort Liability, when the successful offeror represents in its offer that the offeror is
totally immune from tort liability as a State agency or as a charitable institution.
1828.370 Fixed-price contract clauses.
(a) The contracting officer shall insert the clause at 1852.228-70, Aircraft Ground and
Flight Risk, in all negotiated fixed-price contracts for the development, production, modification,
maintenance, or overhaul of aircraft, or otherwise involving the furnishing of aircraft to the
contractor, except as provided in paragraph (b) of this section, unless the aircraft are covered by a
separate bailment. See the clause preface for directions for modifying the clause to accommodate
various circumstances.
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Part 1828—Bonds and Insurance
(b) The Government need not assume the risk of aircraft damage, loss, or destruction as
provided by the clause at 1852.228-70 if the best estimate of premium costs that would be included
in the contract price for insurance coverage for such damage, loss, or destruction at any plant or
facility is less than $500. If it is determined not to assume this risk, the clause at 1852.228-70 shall
not be made a part of the contract, and the cost of necessary insurance to be obtained by the
contractor to cover this risk shall be considered in establishing the contract price. In such cases,
however, if performance of the contract is expected to involve the flight of Government-furnished
aircraft, the substance of the clause at 1852.228-71, Aircraft Flight Risks, suitably adapted for use
in a fixed-price contract, shall be used.
(c) When the clause at 1852.228-70 is used, the term "Contractor's premises" shall be
expressly defined in the contract Schedule and shall be limited to places where aircraft may be
located during the performance of the contract. Contractor's premises may include, but are not
limited to, those owned or leased by the contractor or those for which the contractor has a permit,
license, or other right of use either exclusively or jointly with others, including Government
airfields.
1828.371 Clauses incorporating cross-waivers of liability for International Space Station
activities and Science or Space Exploration activities unrelated to the International Space
Station.
(a) In contracts covering International Space Station activities, or Science or Space
Exploration activities unrelated to the International Space Station that involve a launch, NASA
shall require the contractor to agree to waive all claims against any entity or person defined in
the clause based on damage arising out of Protected Space Operations. This cross-waiver shall
apply only if the person, entity, or property causing the damage is involved in Protected Space
Operations and the person, entity, or property damaged is damaged by virtue of its involvement
in Protected Space Operations. The cross-waivers will require the contractor to extend the crosswaiver provisions to their subcontractors at any tier and related entities ensuring those
subcontractors and related entities also waive all claims against any entity or person defined in
the clause for damages arising out of Protected Space Operations. The purpose of the clauses
prescribed in this section is to extend the cross-waivers under other agreements to NASA
contractors that perform work in support of NASA’s obligations under these agreements.
(b) The contracting officer shall insert the clause at 1852.228-78, Cross-Waiver of
Liability for Science or Space Exploration Activities unrelated to the International Space Station,
in solicitations and contracts above the simplified acquisition threshold for the acquisition of
launches for science or space exploration activities unrelated to the International Space Station or
for acquisitions for science or space exploration activities that are not related to the International
Space Station but involve a launch. If a science or space exploration activity is in support of the
International Space Station, the contracting officer shall insert the clause prescribed by paragraph
(c) of this section and designate its application to that particular launch.
(c) The contracting officer shall insert the clause at 1852.228-76, Cross-Waiver of
Liability for International Space Station Activities, in solicitations and contracts above the
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simplified acquisition threshold when the work to be performed involves Protected Space
Operations, as that term is defined in the clause, relating to the International Space Station.
(d) At the contracting officer's discretion, the clauses prescribed by paragraphs (b) and
(c) of this section may be used in solicitations, contracts, new work modifications, or extensions
to existing contracts under the simplified acquisition threshold involving science or space
exploration activities unrelated to the International Space Station, or International Space Station
activities, respectively, in appropriate circumstances. Examples of such circumstances are when
the value of contractor property on a Government installation used in performance of the contract
is significant, or when it is likely that the contractor or subcontractor will have its valuable
property exposed to risk or damage caused by other participants in the science or space
exploration activities unrelated to the International Space Station, or International Space Station
activities.
1828.372 Clause for minimum insurance coverage.
In accordance with FAR 28.306(b) and 28.307, the contracting officer may insert a clause
substantially as stated at 1852.228-75, Minimum Insurance Coverage, in fixed-price solicitations
and contracts requiring performance on a government installation and in cost-reimbursement
contracts. The contracting officer may modify the clause to require additional coverage, such as
vessel liability, and higher limits if appropriate for a particular acquisition.
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Part 1829—Taxes
PART 1829
TAXES
(November 30, 2017)
TABLE OF CONTENTS
SUBPART
1829.101
1829.1
GENERAL
Resolving tax problems.
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PART 1829
TAXES
Subpart 1829.1--General
1829.101 Resolving tax problems.
(a)(i) The Headquarters Office of the General Counsel is the designated legal counsel for all
external contacts on FAR Part 29 tax problems, including communications with the Department of
Justice, other Federal agencies, and any taxing authority.
(ii) Contracting Officers shall forward tax problems that cannot be solved readily by reference
to FAR Part 29 to the Headquarters Office of the General Counsel through the installation's Office
of Chief Counsel. The Contracting Officer shall provide to the installation’s Chief Counsel the
following material, as applicable, which the Chief Counsel will be forwarded to the Headquarters
Office of the General Counsel with a copy to the Headquarters Office of Procurement,
Procurement Strategic Operations Division:
(A) A comprehensive statement of pertinent facts, including documents and correspondence.
(B) A copy of the contract.
(C) A thorough review of the legal issues involved and recommended action.
(D) If appropriate, a statement of the problem's effects on procurement policies and
procedures, with recommendations.
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Part 1830—Cost Accounting Standards Administration
PART 1830
COST ACCOUNTING STANDARDS ADMINISTRATION
(September 2015)
TABLE OF CONTENTS
SUBPART
1830.201-5
1830.2
CAS PROGRAM REQUIREMENTS
Waiver.
SUBPART
1830.70
FACILITIES CAPITAL EMPLOYED FOR FACILITIES
IN USE OR FOR FACILITIES UNDER CONSTRUCTION
Facilities capital employed for facilities in use.
Contract facilities capital estimates.
DD Form 1861 completion instructions.
Preaward FCCOM applications.
Postaward FCCOM applications.
Facilities capital employed for facilities under construction.
Definitions.
Cost of money calculations.
Representative investment calculations.
Determining imputed cost of money.
1830.7001
1830.7001-1
1830.7001-2
1830.7001-3
1830.7001-4
1830.7002
1830.7002-1
1830.7002-2
1830.7002-3
1830.7002-4
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PART 1830
COST ACCOUNTING STANDARDS ADMINISTRATION
Subpart 1830.2—CAS Program Requirements
1830.201-5 Waiver.
(a)(2) The Senior Procurement Executive is the only individual authorized to approve CAS
waivers. Requests for waivers that meet the conditions in FAR 30.201-5(b) must be submitted to
the Headquarters Office of Procurement, Procurement Management & Policy Division, at least 30
days before the anticipated contract award date.
(e) The Senior Procurement Executive will submit NASA's report to the CAS Board.
Subpart 1830.70—Facilities Capital Employed for
Facilities in Use and for Facilities Under Construction
1830.7001 Facilities capital employed for facilities in use.
1830.7001-1 Contract facilities capital estimates.
To estimate facilities capital cost of money (FCCOM), the contracting officer shall use DD Form
1861, Contract Facilities Capital Cost of Money, after evaluating the contractor’s cost proposal,
establishing cost of money factors, and developing a prenegotiation cost objective.
1830.7001-2 DD Form 1861 completion instructions.
(a) List overhead pools and direct-charging services centers (if used) in the same
structure as they appear on the contractor’s cost proposal and Form CASB-CMF. The structure
and allocation base units-of-measure must be compatible on all three displays.
(b) Extract appropriate contract overhead allocation base data, by year, from the
evaluated cost breakdown or prenegotiation cost objective, and list them against each overhead
pool and direct-charging service center.
(c) Multiply each allocation base by its corresponding cost of money factor to compute
the FCCOM estimated to be incurred each year. The sum of these products represents the
estimated contract FCCOM for that year’s effort.
(d) Add the yearly estimates to calculate the total contract FCCOM.
1830.7001-3 Preaward FCCOM applications.
Apply FCCOM in establishing cost and price objectives as follows:
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(a) Cost objective. Use the FCCOM with normal, booked costs in establishing a cost
objective or the target cost of an incentive type contract. Do not subsequently adjust these target
costs when actual cost of money rates become available during the contract performance period.
(b) Profit/fee objective. Do not include FCCOM in the cost base when establishing a
prenegotiation profit/fee objective. Use only normal, booked costs in this cost base.
1830.7001-4 Postaward FCCOM applications.
(a) Interim billings based on costs incurred.
(1) The contractor may include FCCOM in cost reimbursement and progress
payment invoices. To determine the amount that qualifies as cost incurred, multiply the incurred
portions of the overhead pool allocation bases by the latest available cost of money factors.
These FCCOM calculations are interim estimates subject to adjustment.
(2) As actual cost of money factors are finalized, use the new factors to calculate
FCCOM for the next accounting period.
(b) Final settlements.
(1) Contract FCCOM for final cost determination or repricing is based on each
year’s final cost of money factors determined under CAS 414 and supported by separate Forms
CASB-CMF.
(2) Separately compute contract FCCOM in a manner similar to yearly final
overhead rates. As in overhead rates, include in the final settlement an adjustment from
interim to final contract FCCOM. Do not adjust the contract estimated or target cost.
1830.7002 Facilities capital employed for facilities under construction.
1830.7002-1 Definitions.
(a) “Cost of money rate” is either—
(1) The interest rate determined by the Secretary of the Treasury under Public
Law 92-41 (85 Stat 97); or
(2) The time-weighted average of such rates for each cost accounting period
during which the capital asset is being constructed, fabricated, or developed.
(b) “Representative investment” is the calculated amount considered invested by the
contractor during the cost accounting period to construct, fabricate, or develop the capital asset.
1830.7002-2 Cost of money calculations.
(a) The interest rate referenced in 1830.7002-1(a)(1) is established semi-annually and
published in the Federal Register during the fourth week of December and June.
(b) To calculate the time-weighted average interest rate referenced in 1830.7002-1(a)(2),
multiply the rates in effect during the months of construction by the number of months each rate
was in effect, and then divide the sum of the products by the total number of months.
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1830.7002-3 Representative investment calculations.
(a) The calculation of the representative investment requires consideration of the rate or
expenditure pattern of the costs to construct, fabricate, or develop a capital asset.
(b) If the majority of the costs were incurred toward the beginning, middle, or end of the
cost accounting period, the contractor shall either—
(1) Determine a representative investment for the cost accounting period by
calculating the average of the month-end balances for that cost accounting period; or
(2) Treat month-end balances as individual representative investments.
(c) If the costs were incurred in a fairly uniform expenditure pattern throughout the
construction, fabrication, or development period, the contractor may either—
(1) Determine a representative investment for the cost accounting period by
averaging the beginning and ending balances of the construction, fabrication, or development
cost account for the cost accounting period; or
(2) Treat month-end balances as individual representative investments.
(d) The method chosen by the contractor to determine the representative investment
amount may be different for each capital asset being constructed, fabricated, or developed,
provided the method fits the expenditure pattern of the costs incurred.
1830.7002-4 Determining imputed cost of money.
(a) Determine the imputed cost of money for an asset under construction, fabrication, or
development by applying a cost of money rate (see 1830.7002-2) to the representative
investment (see 1830.7002-3).
(1) When a representative investment is determined for a cost accounting period
in accordance with 1830.7002-3(b)(1) or 1830.7002-3(c)(1), the cost of money rate shall be the
time-weighted average rate.
(2) When a monthly representative investment is used in accordance with
1830.7002-3(b)(2) or 1830.7002-3(c)(2), the cost of money rate shall be that in effect each
month. Under this method, the FCCOM is determined monthly, and the total for the cost
accounting period is the sum of the monthly calculations.
(b) The imputed cost of money will be capitalized only once in any cost accounting
period, either at the end of the accounting period or the end of the construction, fabrication, or
development period, whichever comes first.
(c) When the construction, fabrication, or development of an asset takes more than one
accounting period, the cost of money capitalized for the first accounting period will be included
in determining the representative investment for any future cost accounting periods.
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Part 1831—Contract Cost Principles and Procedures
PART 1831
CONTRACT COST PRINCIPLES AND PROCEDURES
TABLE OF CONTENTS
SUBPART 1831.2
1831.205
1831.205-6
1831.205-670
1831.205-671
1831.205-32
1831.205-70
1831.205-71
CONTRACTS WITH COMMERCIAL ORGANIZATIONS
Selected costs.
Compensation for personal services.
Evaluation of contractor and subcontractor compensation for
service contracts.
Solicitation provision.
Precontract costs.
Contract clause.
Costs related to counterfeit electronic parts and suspect counterfeit
electronic parts.
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Part 1831—Contract Cost Principles and Procedures
PART 1831
CONTRACT COST PRINCIPLES AND PROCEDURES
Subpart 1831.2—Contracts with Commercial Organizations
1831.205 Selected costs.
1831.205-6 Compensation for personal services.
1831.205-670 Evaluation of contractor and subcontractor compensation for service
contracts.
(a) The contracting officer must evaluate the reasonableness of compensation for service
contracts—
(1) Prior to the award of a cost reimbursement or non-competitive fixed-price type
contract, which has a total potential value expected to exceed the threshold for requiring certified
cost or pricing data as set forth in FAR 15.403-4, and
(2) Periodically after award for cost reimbursement contracts, but at least every
three years.
(b) The contracting officer must ensure that the reasonableness of compensation is
evaluated for cost reimbursement or non-competitive fixed-price type service subcontracts under a
prime contract meeting the criteria in paragraph (a)(1) of this section where the subcontract has a
total potential value expected to exceed the threshold for requiring certified cost or pricing data as
set forth in FAR 15.403-4.
(c)(1) Offerors must be required to submit as part of their proposals a compensation plan
addressing all proposed labor categories. Offerors also must demonstrate in writing that their
proposed compensation is reasonable.
(2) Subcontractors meeting the criteria in paragraph (b) of this section must be
required to comply with paragraph (c)(1).
(d) The contracting officer's preaward evaluation of each offeror's and their subcontractors'
compensation should be done as part of, or in addition to DCAA audits, price analyses, or any
other means deemed to be necessary.
(e) The results of the contracting officer's evaluation, including any excessive
compensation found and its planned resolution, must be addressed in the prenegotiation position
memorandum, with the final resolution discussed in the price negotiation memorandum.
(f) The contracting officer must ensure that the reasonableness of compensation for cost
reimbursement subcontracts meeting the criteria in paragraph (b) of this section is periodically
reviewed after award, but at least every three years.
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(g) The results of the periodic evaluations of contractor and subcontractor compensation after
contract award must be documented in the contract file.
1831.205-671 Solicitation provision.
The contracting officer must insert a provision substantially the same as the provision at 1852.23171, Determination of Compensation, in solicitations for services which contemplate the award of a
cost reimbursement or non-competitive fixed-price type service contract having a total potential
value expected to exceed the threshold for requiring certified cost or pricing data as set forth in
FAR 15.403-4.
1831.205-32 Precontract costs.
(1) Precontract costs are applicable only to—
(i) Sole source awards, except those resulting in firm-fixed price or fixedprice with economic price adjustment contracts; or
(ii) Awards resulting from broad agency announcements.
(2) The procurement officer is the approval authority for the use of precontract
costs. Authorization must be in writing and shall address the following:
(i) The necessity for the contractor to initiate work prior to contract award.
(ii) The start date of such contractor effort.
(iii) The total estimated time of the advanced effort.
(iv) The cost limitation.
(3) Authorization to incur precontract costs must be provided to the contractor in
writing and shall include the following:
(i) The start date for incurrence of such costs.
(ii) The limitation on the total amount of precontract costs which may be
incurred.
(iii) A statement that the costs are allowable only to the extent they would
have been if incurred after formal contract award.
(iv) A statement that the Government is under no obligation to reimburse
the contractor for any costs unless a contract is awarded.
1831.205-70 Contract clause.
The contracting officer must insert the clause at 1852.231-70, Precontract Costs, in contracts for
which specific coverage of precontract costs is authorized.
1831.205-71 Costs related to counterfeit electronic parts and suspect counterfeit electronic
parts.
(a) Scope. This section implements the requirements of section 823(c)(2)(B), the NASA
Transition Authorization Act of 2017 (Pub. L. 115-10).
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(b) The costs of counterfeit electronic parts, suspect counterfeit electronic parts, and any
corrective action that may be required to remedy the use or inclusion of such parts are unallowable,
unless—
(1)(i) The covered contractor, as defined in section 1846.7001, has an operational
system to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts that has
been reviewed and approved by NASA or the Department of Defense pursuant to 48 CFR 244.303;
and
(ii) The covered contractor, including subcontractors, notifies the applicable
NASA contracting officer in writing in accordance with 1846.7002(c); or
(2) The counterfeit electronic parts or suspect counterfeit electronic parts were
provided to the covered contractor as Government property in accordance with part 45 of the Federal
Acquisition Regulation.
[PN 20-08]
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Part 1832—Contract Financing
PART 1832
CONTRACT FINANCING
TABLE OF CONTENTS
1832.006-2
1832.007
Definition.
Contract financing payments.
SUBPART
1832.111
1832.111-70
1832.1
NON-COMMERICAL ITEM PURCHASE FINANCING
Contractor clauses for non-commercial purchases.
NASA contract clause.
SUBPART
1832.202-1
1832.206
1832.2
COMMERCIAL ITEM PURCHASE FINANCING
Policy.
Solicitation provisions and contract clauses.
SUBPART 1832.4
1832.402
1832.406
1832.407
1832.409
1832.409-1
1832.409-170
1832.410
1832.412
1832.412-70
ADVANCE PAYMENTS FOR NON-COMMERCIAL ITEMS
General.
Letters of credit.
Interest.
Contracting officer action.
Recommendation for approval.
NASA procedure for approval.
Findings, determination, and authorization.
Contract clause.
NASA contract clauses.
SUBPART 1832.5
1832.501
1832.501-1
1832.501-2
1832.502
1832.502-2
1832.502-4
1832.502-470
1832.503
1832.503-5
1832.504
PROGRESS PAYMENTS BASED ON COSTS
General.
Customary progress payment rates.
Unusual progress payments.
Preaward matters.
Contract finance office clearance.
Contract clauses.
NASA contract clause.
Postaward matters.
Administration of progress payments.
Subcontracts.
SUBPART
1832.702
1832.702-70
1832.702-71
CONTRACT FUNDING
Policy.
NASA policy.
Procedures.
1832.7
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1832.704
1832.704-70
1832.705
1832.705-2
1832.705-270
Limitation of cost or funds.
Incrementally funded fixed-price contracts.
Contract clauses.
Clauses for limitation of cost or funds.
NASA clauses for limitation of cost or funds.
SUBPART
1832.803
1832.8
ASSIGNMENT OF CLAIMS
Policies
SUBPART
1832.905
1832.908
1832.908-70
1832.9
PROMPT PAYMENT
Payment documentation and process.
Contract clauses.
Submission of vouchers.
SUBPART
1832.1001
1832.1004
1832.1005
1832.1009
1832.10
PERFORMANCE-BASED PAYMENTS
Policy.
Procedure.
Contract clauses.
Title.
SUBPART
1832.1110
1832.11
ELECTRONIC FUNDS TRANSFER
Solicitation provision and contract clauses.
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Part 1832—Contract Financing
PART 1832
CONTRACT FINANCING
1832.006-2 Definition.
The Director, Acquisition Integrity Program, is the Agency remedy coordination official.
1832.007 Contract financing payments.
(a)(1) Except as authorized in 1832.908, it is NASA’s policy to make contract financing
payments on the 30th day after the designated billing office has received a proper request.
However, the due date for making contract financing payments for a specific contract may be
earlier than the 30th day, but not earlier than 7 days, after the designated billing office has received
a proper request, provided that—
(i) The contractor provides consideration whose value is determined to be
greater than the cost to the United States Treasury of interest on funds paid prior to the 30th day,
calculated using the Current Value of Funds Rate published annually in the Federal Register
(subject to quarterly revision);
(ii) The contracting officer approves the payment date change, with the
concurrence of the Center Financial Management Officer; and
(iii) The contract file includes documentation regarding the value of the
consideration and the analysis determining that value.
Subpart 1832.1—Non-commercial Item Purchase Financing
1832.111 Contract clauses for non-commercial purchases.
1832.111-70 NASA contract clause.
The contracting officer shall insert the clause at 1852.232-79, Payment for On-Site Preparatory
Costs, in solicitations and contracts for construction on a fixed-price basis when progress payments
are contemplated and pro rata payment of on-site preparatory costs to the contractor is appropriate.
Subpart 1832.2—Commercial Item Purchase Financing
1832.202-1 Policy.
(b)(6) Advance payment limitations do not apply to expendable launch vehicle (ELV)
service contracts.
1832.206 Solicitation provisions and contract clauses.
(g)(2) The installment payment rate shall be that which is common in the commercial
marketplace for the purchased item. If there is no commonly used rate, the contracting officer shall
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determine the appropriate rate. In no case shall the rate exceed that established in the clause at
FAR 52.232-30.
Subpart 1832.4—Advance Payments for Non-Commercial Items
1832.402 General.
(e)(1) The Director of the Headquarters Office of Procurement, Procurement
Management & Policy Division, is the approval authority for all advance payments except the
following:
(A) The procurement officer is the approval authority for non-fee bearing
contracts with domestic entities when the cumulative contract value is $25,000,000 or less, and
for all increases to such contracts over $25,000,000 previously approved by the Headquarters
Office of Procurement as long as the advance payment amount outstanding at any time is not
increased.
(B) The contracting officer is the approval authority for the following
actions. In these cases, a findings and determination (see FAR 32.410) is not required.
(a) Small Business Innovation Research (SBIR) and Small
Business Technology Transfer (STTR) Phase I contracts. A class deviation has been signed
authorizing use of advance payments on these contracts. The contracting officer shall annotate
the contract file that the deviation is on file at the NASA Headquarters Office of Procurement.
(b) Expendable launch vehicle (ELV) service contracts. 42 U.S.C.
2459c authorizes advance payments for these contracts. The contracting officer shall document
the contract file with the rationale for approving the use of advance payments.
(e)(2) All advance payment authorization requests, except those authorized by
1832.402(e)(1)(B), shall be coordinated with the Center Deputy Chief Financial Officer.
1832.406 Letters of credit.
(b)(1) Each Center is considered a contracting agency for the purposes of this requirement.
1832.407 Interest.
(d)(1) Advance payments without interest are authorized.
1832.409 Contracting officer action.
1832.409-1 Recommendation for approval.
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1832.409-170 NASA procedure for approval.
In addition to the items listed in FAR 32.409-1, requests for Headquarters approval of advance
payments (see 1832.402(e)(1)) shall include the following information:
(a) Name of the cognizant NASA Headquarters program or staff office.
(b) Name and phone number of the contracting officer or negotiator.
(c) A copy of the proposed advance payments clause.
(d) If a profit/fee is contemplated, the factors considered in determining the profit/fee
(see 1815.404-470).
(e) Information justifying the adequacy of security to cover the maximum advance
payment amount at any time outstanding.
1832.410 Findings, determination, and authorization.
(b) Generally, the format in FAR 32.410 should be used, tailored as follows:
(i) In format subparagraph (a)(2), use the phrase "Advance payments (in an amount
not to exceed $.….... at any time outstanding)" in all determinations and findings. The phrase
means the maximum unliquidated dollar amount a contractor would need in advance payments at
any point in time for the particular contract. The amount would not usually be the full contract
value. The amount inserted should be based on an analysis of the contractor's financing needs
(monthly or other appropriate period) for the specific contract involved.
(ii) In the second sentence of format subparagraph (a)(4), delete the reference to a
special financial institution account if no special financial institution account is required.
(iii) Use format subparagraph (a)(6), not (a)(7) or (a)(8).
(iv) At the end of format paragraph (b), use "is in the public interest."
(v) In format paragraph (c), use the phrase “(the amount at any time outstanding)"
in all determinations and findings.
1832.412 Contract clause.
(e) The contracting officer shall use Alternates IV and V when advance payments are
provided on Phase I contracts of the Small Business Innovation Research (SBIR) or Small
Business Technology Transfer (STTR) programs.
(f) See 1832.412(e).
1832.412-70 NASA contract clauses.
When the clause at FAR 52.232-12 or its Alternates II or V are used, insert the clause at
1852.232-70, NASA Modification of FAR 52.232-12.
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Part 1832—Contract Financing
Subpart 1832.5—Progress Payments Based on Costs
1832.501 General.
1832.501-1 Customary progress payment rates.
(a) The customary progress payment rate for all NASA contracts is 85 percent for large
business, 90 percent for small business, 95 percent for small disadvantaged business, and 100
percent for Phase II contracts in the Small Business Innovation Research (SBIR) and Small
Business Technology Transfer (STTR) programs. The contracting officer shall insert the
applicable percentage in paragraphs (a) and (b) of the clause at FAR 52.232-16.
1832.501-2 Unusual progress payments.
The Director of the Headquarters Office of Procurement, Procurement Management & Policy
Division is the approval authority for the use of unusual progress payments.
1832.502 Preaward matters.
1832.502-2 Contract finance office clearance.
The Senior Procurement Executive is the approval authority for the actions at FAR 32.502-2.
1832.502-4 Contract clauses.
1832.502-470 NASA contract clause.
The contracting officer may insert a clause substantially as stated at 1852.232-82, Submission of
Requests for Progress Payments, in fixed-price solicitations and contracts that provide for progress
payments. The recipient of the requests and number of copies may be changed as required.
1832.503 Postaward matters.
1832.503-5 Administration of progress payments.
(c)(i) If the contractor requests it and the contracting officer approving individual progress
payments agrees, the administration of progress payments may be based on the overall contract
agreement. Under this method, the contractor must include a supporting schedule with each
request for a progress payment. The schedule should identify the costs applicable to each order.
(ii) The contracting officer may treat a group of orders as a single unit for
administration of progress payments if each order in the group is subject to a uniform liquidation
rate and under the jurisdiction of the same payment office.
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1832.504 Subcontracts.
(c) Unusual progress payments to subcontractors shall be approved in accordance with
1832.501-2.
Subpart 1832.7—Contract Funding
1832.702 Policy.
1832.702-70 NASA policy.
(a) When determining if a contract or task order can be incrementally funded,
contracting officers, in conjunction with budget, financial, and program office personnel, must
consider whether the procurement is severable or non-severable, a bona-fide need exists, and the
appropriation is available for use.
(b) When reviewing incremental funding estimates, contracting officers should ensure
contractors understand that the amount in the limitation of funds clause covers potential
termination liability costs.
[PN 20-01]
1832.702-71 Procedures.
a. For incrementally-funded contracts, the contracting officer shall—
(1) Ensure and obtain documentation (i.e. purchase request) for the contract file
demonstrating that initial funds, sufficient to begin contract performance under the incrementally
funded contract, are approved, committed and available for obligation prior to the initial contract
award;
(2) Ensure that the contract funding modification is signed within one business
day from the date the original contract was signed and obligated in the financial system of record
within the same accounting period the contract and first modification are signed; and
(3) Ensure that the initial contract award and a properly executed contract
funding modification are distributed to the contractor at the same time.
1832.704 Limitation of cost or funds.
1832.704-70 Incrementally funded fixed-price contracts.
(a) Upon receipt of the contractor's notice under paragraph (c)(1) of the clause at
1852.232-77, Limitation of Funds (Fixed-Price Contract), the contracting officer shall promptly
provide written notice to the contractor that the Government is—
(1) Allotting additional funds in a specified amount for continued performance;
(2) Terminating the contract; or
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(3) Considering whether to allot additional funds; and
(i) The contractor is entitled to stop work in accordance with paragraph (b)
of the clause at 1852.232-77, Limitation of Funds; and
(ii) Any costs expended beyond the amount specified in paragraph (a) of
the clause at 1852.232-77, Limitation of Funds, are incurred at the contractor's risk.
(b) Upon determining that the contract will receive no further funds, the contracting officer
shall promptly give notice of the Government's decision and terminate for the convenience of the
Government.
1832.705 Contract clauses.
1832.705-2 Clauses for limitation of cost or funds.
1832.705-270 NASA clauses for limitation of cost or funds.
(a) The contracting officer shall insert the clause at 1852.232-77, Limitation of Funds
(Fixed-Price Contract), in solicitations and contracts for fixed-price, incrementally-funded
contracts or task orders.
(b) The contracting officer shall insert a clause substantially as stated at 1852.232-81,
Contract Funding, in Section B of solicitations and contracts containing the clause at FAR 52.23222 Limitation of Funds. Insert the amounts of funds available for payment, the items covered, and
the applicable period of performance. The amount obligated for fee in paragraph (b) of the clause
should always be sufficient to pay fee anticipated to be earned for the work funded by the amount
in paragraph (a) of the clause.
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Subpart 1832.8—Assignment of Claims
1832.803 Policies.
(d) The Senior Procurement Executive is the approval authority for no-setoff
commitments.
[PN 20-03]
Subpart 1832.9—Prompt Payment
1832.905 Payment documentation and process.
(a) NASA’s designated payment office is the NASA Shared Services Center (NSSC).
(b) Contracting officers or their designee shall review and approve all payment requests in
NASA’s Invoicing Routing and Information System (IRIS). All provisionally-approved interim
vouchers are subject to a later audit of actual costs incurred.
(c) Review of interim cost vouchers and documenting, at a minimum, shall include the
following:
(1) Verification of identifying data on the voucher (contract number, contractor
name, address, and date of voucher).
(2) Verification of the arithmetic calculations on the voucher.
(3) Verification that the billed costs are within the contract’s period of
performance.
(4) Verification that the voucher complies with terms of the contract.
(5) Verification of billed indirect rates against approved provisional indirect rates
for the billing period, or prior year’s approved indirect rates, or established indirect rates in the
base contract.
(6) Verification that Other Direct Costs are proper and acceptable.
To assist with interim cost voucher review, contracting officers may use the NASA Voucher
Review Checklist (Cost-Type Contract) template.
1832.908 Contract clauses.
(c)(2) When the clause at FAR 52.232-25, Prompt Payment, is used in such contracts
with the Canadian Commercial Corporation (CCC), insert "17th" in lieu of "30th" in paragraphs
(a)(1)(i)(A), (a)(1)(i)(B), and (a)(1)(ii).
1832.908-70 Submission of vouchers.
Insert clause 1852.232-80, Submission of Vouchers/Invoices for Payment, in all solicitations and
contracts.
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[PN 18-07]
Subpart 1832.10—Performance-Based Payments
1832.1001 Policy.
(a)(i) In determining whether performance-based payments are practical in competitive
negotiated acquisitions, the contracting officer should consider the procedural impacts (e.g.,
proposal evaluation complications, longer evaluations, elimination of the potential for award
without discussions, increased proposal information requirements) and the impact on small
business competitiveness.
(ii) The contracting officer must obtain approval from the Director of the
Headquarters Office of Procurement, Procurement Management & Policy Division to use
performance-based payments in competitive negotiated solicitations under $50M. The request for
approval must include an assessment of the practicality of using performance-based payments, as
well as the proposed performance-based payments evaluation approach (see 1832.1004(e)(1)(ii)).
1832.1004 Procedures.
(a) See 1815.201(c)(6)(E) for establishing performance bases and payment terms in
competitive negotiated acquisitions.
(e)(1)(ii) Use of the price adjustment evaluation technique may require obtaining and
analyzing proposal information that is normally not required in NASA firm-fixed-price
competitions (see 1815.403-3). When using performance-based payments in competitive
negotiated acquisitions under $50 million, contracting officers should consider the use of
alternative evaluation methods, e.g., qualitative evaluation under Mission Suitability or another
appropriate factor.
1832.1005 Contract clauses.
(a) If the contract is for launch services, the contracting officer shall delete paragraph (f) of
the clause at FAR 52.232-32 in accordance with 1832.1009.
(b)(2) Contracting officers shall not use Alternate I in competitive negotiated acquisitions
under $50 million, unless approval has been obtained to use performance-based payments (see
1832.1001(a)(ii)).
1832.1009 Title.
In accordance with 42 U.S.C. 2465d, NASA shall not take title to launch vehicles under contracts
for launch services unless one of the exceptions in the law applies. However, the law does not
eliminate NASA's right to take title to other property acquired or produced by the contractor under
a contract containing a title provision.
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Subpart 1832.11—Electronic Funds Transfer
1832.1110 Solicitation provision and contract clauses.
(b) In accordance with FAR 32.1106(b), the use of a nondomestic EFT mechanism is
authorized. When a nondomestic EFT mechanism is used, the contracting officer shall replace
the paragraph at FAR 52.232-34(c) with a description of the EFT mechanism that will be used
for the contract.
(c) The payment office shall be the designated office for receipt of contractor EFT
information for all NASA contracts.
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NASA Federal Acquisition Regulation Supplement
Part 1833—Protests, Disputes, and Appeals
PART 1833
PROTESTS, DISPUTES, AND APPEALS
(Revised January 4, 2016)
TABLE OF CONTENTS
SUBPART
1833.103
1833.104
1833.106
1833.106-70
1833.1
PROTESTS
Protests to the agency.
Protests to GAO.
Solicitation provision and contract clause.
Solicitation provision.
SUBPART
1833.209
1833.210
1833.211
1833.215
1833.2
DISPUTES AND APPEALS
Suspected fraudulent claims.
Contracting officer’s authority.
Contracting officer’s decision.
Contract clause.
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PART 1833
PROTESTS, DISPUTES, AND APPEALS
Subpart 1833.1—Protests
1833.103 Protests to the agency.
(d)(4) The provision at 1852.233-70 provides for an alternative to a protest to the United
States Government Accountability Office (GAO). This alternative gives bidders or offerors the
ability to protest directly to the contracting officer (CO) or to request an independent review by
the Assistant Administrator for Procurement (or designee). The Agency review shall be deemed
to be at the CO level when the request is silent as to the level of review desired. The Agency
review shall be deemed to be at the level of the Assistant Administrator for Procurement (or
designee) when the request specifies a level above the CO, even if the request does not
specifically request an independent review by the Assistant Administrator for Procurement.
Such reviews are separate and distinct from the Ombudsman Program described at 1815.7001.
(e) NASA shall summarily dismiss and take no further action upon any protest to the
Agency if the substance of the protest is pending in judicial proceedings or the protester has filed
a protest on the same acquisition with the GAO prior to receipt of an Agency protest decision.
(4) When a bidder or offeror submits an Agency protest to the CO or
alternatively requests an independent review by the Assistant Administrator for Procurement, the
decision of the CO or the Assistant Administrator for Procurement shall be final and is not
subject to any appeal or reconsideration within NASA.
(f) Protests received at NASA offices or locations other than that of the cognizant
contracting officer shall be immediately referred to the contracting officer for disposition (see
1833.106(a)).
(1) The Senior Procurement Executive is the approval authority for contract award.
Requests shall be processed through the cognizant Procurement Strategic Operations Division
Procurement Analyst.
(3) The Senior Procurement Executive is the approval authority for authorizing
continued contract performance. Requests shall be processed through the cognizant Procurement
Strategic Operations Division Procurement Analyst.
1833.104 Protests to GAO.
The Senior Procurement Executive has the sole authority to decide whether to defend a protest to
GAO or to direct remedial action. NASA personnel shall take no action to respond to or resolve
any protest filed with the GAO other than in accordance with this part and other guidance provided
by NASA Headquarters (HQ).
(a)(2) The cognizant HQ Office of Procurement, Procurement Strategic Operations
Division Procurement Analyst shall notify the contracting officer of protest receipt, and the
contracting officer shall immediately give notice of the protest to all interested parties. Oral
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contracting officer notices shall be subsequently confirmed in writing, and the contracting officer
shall also send a copy of the written confirmation to the cognizant HQ Procurement Strategic
Operations Division Procurement Analyst, the HQ Office of the General Counsel (OGC), and the
installation Chief Counsel.
(3)(i) The contracting officer shall send four copies of the protest report, consisting
of the protest file, the contracting officer’s statement of facts, and a draft memorandum of law to
OGC within 20 days after GAO notification of protest receipt. Also include a copy of the file
index in electronic format. The contracting officer shall retain a minimum of two copies of the
protest file.
(ii) When an actual or prospective offeror requests access to a protest file,
the contracting officer shall take the following actions, except (a) and (b) are not required if
already accomplished:
(a) Send a copy of the protest file index to OGC within 10 days of
receipt of the request.
(b) Send a copy of the protest file to OGC within 15 days of receipt
of the request.
(c) With OGC’s concurrence, send the protest file and index to the
requesting party to ensure delivery within 20 days after receipt of the request.
(iii) OGC shall submit the protest file to GAO.
(4)(i) OGC shall provide copies of the report to the protestor(s), any intervenors,
and the installation Chief Counsel.
(b)(1) As part of the process to obtain approval for contract award from the head of the
contracting activity (HCA), coordination with the Senior Procurement Executive and HQ OGC is
required.
(c)(1) The contracting officer shall consult the cognizant Procurement Strategic Operations
Division Procurement Analyst before terminating a protested contract.
(2) As part of the process to obtain approval for continued contract performance
from the HCA, coordination with the Senior Procurement Executive and HQ OGC is required.
(f) The Agency may request GAO reconsideration of its decision within 10 days of
issuance. If reconsideration is appropriate, the installation Chief Counsel shall forward a draft
request for reconsideration, with any additional supporting documentation, to OGC within 6 days
of issuance of the GAO decision.
1833.106 Solicitation provision and contract clause.
(a) The contracting officer is the designated recipient of Agency protests in paragraph (a)
of the provision at FAR 52.233-2.
1833.106-70 Solicitation provision.
The contracting officers shall insert the provision at 1852.233-70 in all solicitations.
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Subpart 1833.2--Disputes and Appeals
1833.209 Suspected fraudulent claims.
The contracting officer shall report suspected fraudulent claims to the Headquarters Offices of
Inspector General and OGC, Acquisition Integrity Program.
1833.210 Contracting officer’s authority.
See NASA Policy Directive 2010.2 on use of Alternative Dispute Resolution.
1833.211 Contracting officer’s decision.
(a)(4)(v) The Armed Services Board of Contract Appeals is the NASA Administrator’s
authorized representative for hearing appeals of contracting officer’s final decisions. Accordingly,
contracting officers shall cite that fact in the final decision letter, provide the Board’s mailing
address (Armed Services Board of Contract Appeals, Skyline Six, 5109 Leesburg Pike, Falls
Church, VA 22041-3208), and include a notification that the Board’s operating procedures appear
in Part 48, Code of Federal Regulations, Chapter 2, Appendix A.
1833.215 Contract clause.
The contracting officer shall use the clause at FAR 52.233-1, Disputes, with its Alternate I
whenever continued performance is vital to national security, the public health and welfare,
important Agency programs, or other essential supplies or services whose timely reprocurement
from other sources would be impracticable.
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Part 1834—Major System Acquisition
PART 1834
MAJOR SYSTEM ACQUISITION
(September 2015)
TABLE OF CONTENTS
1834.003
SUBPART
1834.201
1834.202
1834.203
1834.203-70
Responsibilities.
1834.2
EARNED VALUE MANAGEMENT SYSTEM
Policy.
Integrated baseline reviews.
Solicitation provisions and contract clause.
NASA solicitation provision and contract clause.
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PART 1834
MAJOR SYSTEM ACQUISITION
1834.003 Responsibilities.
(a) NASA's implementation of OMB Circular No. A-109, Major Systems Acquisition, and
FAR Part 34 is contained in this Part and in NASA Policy Directive (NPD) 7120.4 “NASA
Engineering and Program/Project Management Policy” and NASA Procedural Requirement (NPR)
7120.5 “NASA Space Flight Program and Project Management Requirements”.
Subpart 1834.2—Earned Value Management System
See PIC 15-06 for further guidance.
1834.201 Policy.
See PCD 15-05 for further guidance.
(a) NASA requires use of an Earned Value Management System (EVMS) on contracts
for development or production work, including development or production work for flight and
ground support systems and components, prototypes, and institutional investments (facilities, IT
infrastructure, etc.) as specified below:
(1) For cost or fixed-price incentive contracts and subcontracts valued at $50
Million or more the contractor shall have an EVMS that has been determined by the cognizant
Federal agency to be in compliance with the guidelines in the American National Standards
Institute/Electronic Industries Alliance Standard 748, Earned Value Management Systems
(ANSI/EIA-748).
(2) For cost or fixed-price incentive contracts and subcontracts valued at $20
Million or more but less than $50 Million, the contractor shall have an EVMS that complies with
the guidelines in ANSI/EIA-748, as determined by the cognizant Contracting Officer.
(3) For cost or fixed-price incentive contracts and subcontracts valued at less than
$20 Million the application of Earned Value Management (EVM) is optional and is a risk-based
decision at the discretion of the program/project manager.
(b) Requiring EVM for firm-fixed-price (FFP) contracts and subcontracts of any dollar
value is discouraged; however, an Integrated Master Schedule (IMS) and adequate reporting
shall be required to plan and track schedule performance for development or production
contracts valued at $20 Million or more. In addition, for FFP contracts that are part of a
program/project of $50 Million or more, the contracting officer shall collaborate with the
government’s program/project manager to ensure the appropriate data can be obtained or
generated to fulfill program management needs and comply with NASA Procedural
Requirements (NPR) 7120.5.
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(c) An EVMS is not required on non-developmental contracts for engineering support
services, steady state operations, basic and applied research, and routine services such as
janitorial services or grounds maintenance services.
(d) Contracting officers shall request the assistance of the cognizant Defense Contract
Management Agency (DCMA) office and the applicable NASA Center EVM Focal Point
(http://evm.nasa.gov/council.html) in determining the adequacy of proposed EVMS plans and
procedures and system compliance.
(e) Notwithstanding the EVMS requirements above, if an offeror proposes to use a
system that has not been determined to be in compliance with the ANSI/EIA Standard-748,
Earned Value Management Systems, the offeror shall submit a comprehensive plan for
compliance with these EVMS standards, as specified in 1852.234-1, Notice of Earned Value
Management System. Offerors shall not be eliminated from consideration for contract award
because they do not have an EVMS that complies with these standards.
(f) As a minimum, and in accordance with NPD 7120.5, requirements initiators shall
ensure that EVMS monthly reports are included as a deliverable in the acquisition package
provided to the procurement office for implementation into contracts where EVMS applies.
Additionally, the acquisition package shall include a Contract Performance Report (CPR), IMS
and a Work Breakdown Structure (WBS) and the appropriate data requirements descriptions
(DRDs) for implementation into the contract.
1834.202 Integrated baseline reviews.
(d) Use of pre-award IBRs is limited to the second or subsequent phases of a phased
acquisition (see 1817.70). When a pre-award IBR is contemplated, the contracting officer shall
include the instructions with respect to the schedule and conduct of the IBR in the proposal
request.
1834.203 Solicitation provisions and contract clause.
The FAR EVMS solicitation provisions and contract clause are not used in NASA contracts. See
1834.203-70 for the NASA EVMS solicitation provision and contract clause.
See PCD 15-05 for further guidance.
1834.203-70 NASA solicitation provision and contract clause.
See PCD 15-05 for further guidance.
Except for firm-fixed price contracts and the contracts identified in 1834.201(c), the contracting
officer shall insert—
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(a) The provision at 1852.234-1, Notice of Earned Value Management System, in
solicitations for contracts for—
(1) Development or production, including flight and ground support projects, and
institutional projects (facility, IT investment, etc.), with a value exceeding $20M; and
(2) Acquisitions of any value designated as major by the project manager in
accordance with OMB Circular A-11; and
(b) The clause at 1852.234-2, Earned Value Management System, in solicitations and
contracts with a value exceeding $50M that include the provision at 1852.234-1. The contracting
officer shall use the clause with its Alternate I when the contract value is less than $50M.
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Part 1835—Research and Development Contract
PART 1835
RESEARCH AND DEVELOPMENT CONTRACTING
(Revised July 25, 2016)
TABLE OF CONTENTS
1835.010
1835.011
1835.015
1835.016
1835.016-70
1835.016-71
1835.016-72
1835.070
1835.071
Scientific and technical reports.
Data.
Contracts for research with educational institutions and nonprofit
organizations.
Broad agency announcements.
Foreign participation under broad agency announcements (BAAs).
NASA Research Announcements.
Foreign participation in NRA proposals.
NASA contract clauses and solicitation provision.
NASA Research and Development (R&D) Contract Reporting.
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PART 1835
RESEARCH AND DEVELOPMENT CONTRACTING
1835.010 Scientific and technical reports.
(a)(i) Final Reports. Final reports must be furnished by contractors for all R&D contracts.
The final report should summarize the results of the entire contract, including recommendations
and conclusions based on the experience and results obtained. The final report should include
tables, graphs, diagrams, curves, sketches, photographs, and drawings in sufficient detail to explain
comprehensively the results achieved under the contract. The final report should comply with
formatting and stylistic guidelines contained in NPR 2200.2, Requirements for Documentation,
Approval, and Dissemination of NASA Scientific and Technical Information. Electronic formats
for submission of reports should be used to the maximum extent practical. When reports are
submitted electronically, the contracting officer should also request the submission of a paper copy
of the report that could be used to validate items such as math and symbols that can be transposed
due to font substitution or other electronic transmission problems. Information regarding
appropriate electronic formats for final reports is available from center STI/Publications Managers
or the NASA Center for AeroSpace Information (CASI) under “Publish STI – Electronic File
Formats.”
(ii) In addition to the final report submitted to the contracting officer, the contractor
shall concurrently provide CASI and the center STI/Publications Manager with a copy of the
letter transmitting the final report to the contracting officer.
(iii) It is NASA policy to provide the widest practicable and appropriate
dissemination of scientific and technical information (STI) derived from NASA activities,
including that generated under NASA research and development contracts. One mechanism for
disseminating NASA STI is through CASI. Before approving a final report delivered under a
contract for inclusion in the CASI repository, NASA must complete a document availability
authorization (DAA) review. The DAA review is intended to ensure that NASA disseminates
NASA STI in a manner consistent with U.S. laws and regulations, federal information policy and
publication standards, intellectual property rights, technology transfer protection requirements,
and budgetary and technological limitations. NASA Form 1676, NASA Scientific and Technical
Document Availability Authorization (DAA), or a center-specific version of this form, is used to
complete this review. The DAA review process applies to the publication and dissemination of
NASA STI by NASA or under the direction of NASA. The final report, as delivered under the
contract, must not be released outside of NASA until NASA’s DAA review has been completed
and the availability of the document has been determined by NASA.
(iv) Additional reports of work. In addition to the final report required by
paragraph (a)(i) of this section, the contracting officer, in consultation with the program or project
manager, should consider the desirability of requiring periodic reports and reports on the
completion of significant units or phases of work for monitoring contract performance. Any
additional reports must be included in the clause at 1852.235-74 as a contract deliverable. (See
FAR 27.403.)
(v) Upon receipt of the final report, or any additional reports required by
1852.235-74 if included in the contract, the contracting officer shall forward the reports to the
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contracting officer’s representative (COR) for review and acceptance. The COR shall ensure
that the DAA review is initiated upon acceptance of the final report or any additional reports that
NASA elects to publish or release outside of NASA or present at internal meetings at which
foreign nationals may be present. Upon completion of the DAA review, the COR shall ensure
that the DAA-approved STI and the original approved DAA form are sent to the center
STI/Publication Manager. The contractor should be advised of the final availability
determination. These responsibilities should be included in the COR Delegation, NASA Form
1634.
(b) The final report shall include a completed Report Documentation Page,
Standard Form (SF) 298, as the final page of the report.
1835.011 Data.
(a) In addition to any reports required by 1835.010, the contracting officer shall specify
what additional data, (type, quantity, and quality) is required under the contract, for example,
presentations, journal articles, and seminar notes. (See FAR 27.403.)
1835.015 Contracts for research with educational institutions and nonprofit organizations.
(a)(1)(iv) The research contract shall include a requirement that the contractor obtain the
contracting officer's approval when it plans to continue the research work during a continuous
period in excess of 3 months without the participation of an approved principal investigator or
project leader.
1835.016 Broad agency announcements.
(a)(i) The following forms of broad agency announcements (BAAs) are authorized for use:
(A) Announcements of Opportunity (see 1872).
(B) NASA Research Announcements (see 1835.016-71).
(C) Other forms of announcements approved by the Senior Procurement
Executive.
(ii) Other program announcements, notices, and letters not authorized by paragraph
(a)(i) of this section shall not be used to solicit proposals that may result in contracts.
(iii) Draft or final versions of any form of BAA that directly or substantially
supports a program subject to NASA Procedures and Guidelines (NPR) 7120.5 shall not be
released unless—
(A) All applicable NPR 7120.5 required documentation (see
1804.7301(b)(2)) is current and has been approved (e.g., Formulation Authorization Document,
Program Commitment Agreement, Program Plan, or Project Plan); or
(B) Authority to proceed without the required documentation has been
granted by the Chair of the Governing Program Management Council or designee.
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(a)(iv) Announcements authorized by paragraph (a)(i)(C) of this section with a total
estimated dollar value of $500M or greater, or otherwise designated by the Senior Procurement
Executive, shall be supported by a Procurement Strategy Meeting and Executive Summary
presentation approved by Headquarters, unless otherwise delegated.
(c)(i) BAAs may not preclude the participation of any offeror capable of satisfying the
Government's needs unless a justification for other than full and open competition is approved
under FAR 6.304.
(ii) Upon issuance of a solicitation, contracting officers shall follow the blackout
notice procedures at 1815.201.
[PN 22-14]
1835.016-70 Foreign participation under broad agency announcements (BAAs).
(a) Policy.
(1) NASA seeks the broadest participation in response to broad agency
announcements, including foreign proposals or proposals including foreign participation.
NASA’s policy is to conduct research with foreign entities on a cooperative, no-exchange-offunds basis (see NPD 1360.2, Initiation and Development of International Cooperation in Space
and Aeronautics Programs). NASA does not normally fund foreign research proposals or foreign
research efforts that are part of U.S. research proposals. Rather, cooperative research efforts are
implemented via international agreements between NASA and the sponsoring foreign agency or
funding/sponsoring institution under which the parties agree to each bear the cost of discharging
their respective responsibilities.
(2) In accordance with the National Space Transportation Policy, use of a nonU.S. manufactured launch vehicle is permitted only on a no-exchange-of-funds basis.
(3) NASA funding may not be used for subcontracted foreign research efforts. The
direct purchase of supplies and/or services, which do not constitute research, from non-U.S.
sources by U.S. award recipients is permitted.
(b) Procedure. When a foreign proposal or a U.S. proposal with foreign participation is
received in response to a BAA, the NASA sponsoring office shall determine whether the
proposal conforms to the no-exchange-of-funds policy in 1835.016-70(a).
(1) If the proposal conforms to the policy in 1835.016-70(a), the NASA
sponsoring office shall evaluate the proposal and make selection in accordance with 1835.01671(d). In conjunction with the notification of successful foreign proposers, the NASA
sponsoring office shall notify the Headquarters Office of External Relations, Code I. Code I will
negotiate the agreement with the sponsoring foreign agency or funding institution for the
proposed participation.
(2) If the proposal does not conform to the policy in 1835.016-70(a), the NASA
sponsoring office shall—
(i) Determine whether the proposal merits further consideration;
(ii) If further consideration is warranted, refer the proposal to Code I; and
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(iii) Complete the evaluation of the proposal. However no notification of
selection, whether tentative or final, shall be made without Code I approval.
(3) Notification to Code I required by paragraphs (b)(1) and (b)(2)(ii) of this
section, shall address the items contained in 1872.504(c), and shall be coordinated through the
Office of Procurement.
1835.016-71 NASA Research Announcements.
(a) Scope. An NRA is used to announce research interests in support of NASA’s
programs, and, after peer or scientific review using factors in the NRA, select proposals for
funding. Unlike an RFP containing a statement of work or specification to which offerors are to
respond, an NRA provides for the submission of competitive project ideas, conceived by the
offerors, in one or more program areas of interest. An NRA shall not be used when the
requirement is sufficiently defined to specify an end product or service.
(b) Issuance.
(1) Before issuance, each field-generated NRA shall be approved by the
installation director or designee, with the concurrence of the procurement officer, and each
Headquarters-generated NRA shall be approved by the cognizant Program Associate Administrator
or designee, with the concurrence of the Headquarters Offices of General Counsel and
Procurement. In addition, the issuing office shall obtain input from the cognizant offices
responsible for matters of safety and mission assurance, occupational health, environmental
protection, information technology, export control, and security. Input shall also be obtained
from the appropriate systems safety organization for NRA's that may involve potentially
hazardous operations such as those related to flight and/or mission critical ground systems. The
NRA approval authority shall designate the selection official.
(2) The selection official shall assure that the NRA is synopsized prior to issuance
in accordance with FAR 5.201. The synopsis shall be brief, and the technical section describing
the area of interest should not exceed 50 words.
(3) If a Headquarters-generated NRA may result in awards by a NASA field
installation, the issuing office shall notify the installation procurement officer and provide a copy
of the NRA.
(4) The selecting official is responsible for the preparation and distribution of the
NRA.
(5) NRAs normally shall remain open for at least 90 days.
(c) Content and Format. All NRAs shall conform to NPR 5810.1, “Standard Format for
NASA Research Announcements (NRAs) and other Announcements for Grants and Cooperative
Agreements”.
(d) Receipt of proposals, evaluation, and selection.
(1) Proposals shall be protected as provided in FAR 15.608, FAR 15.609, and
1815.609-70.
(2) Late proposals and modifications shall be treated in accordance with 1815.208.
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(3) The selection decision shall be made following peer or scientific review of a
proposal. Peer or scientific review shall involve evaluation by an in-house specialist, a specialist
outside NASA, or both. Evaluation by specialists outside NASA shall be conducted subject to the
conditions in 1815.207. After receipt of a proposal and before selection, scientific or engineering
personnel shall communicate with an offeror only for the purpose of clarification (as defined in
FAR 15.306), or to understand the meaning of some aspect of the proposal that is not clear, or to
obtain confirmation or substantiation of a proposed approach, solution, or cost estimate.
(4) Competitive range determinations shall not be made, and final proposal
revisions shall not be requested.
(5) Part of a proposal may be selected unless the offeror requests otherwise. In
addition, changes to a selected proposal may be sought if (i) the ideas or other aspects of the
proposal on which selection is based are contained in the proposal as originally submitted, and are
not introduced by the changes; and (ii) the changes sought would not involve a material alteration
to the requirements stated in the NRA. Changes that would affect a proposal's selection shall not
be sought. When changes are desired, the selecting official may request revisions from the offeror
or request the contracting officer to implement them during negotiations with the successful
offeror(s). The changes shall not transfer information from one offeror's proposal to another offeror
(see FAR 15.306(e). When collaboration between offerors would improve proposed research
programs, collaboration may be suggested to the offerors.
(6) The basis for selection of a proposal shall be documented in a selection statement
applying the evaluation factors in the NRA. The selection statement represents the conclusions
of the selecting official and must be self-contained. It shall not incorporate by reference the
evaluations of the reviewers. The selection statement shall contain the following:
(i) A brief description of the solicitation, including a statement of
program objectives, the evaluation and review processes that were followed, and a summary of
the results of the evaluation and review of proposals.
(ii) A listing of all selected proposals including proposal number,
proposing principal investigator, proposing institution, and title (indicate partial selections when
known).
(iii) A brief rationale for the selection based upon the expert evaluation of
proposals by a peer panel in accordance with the evaluation criteria defined in the NRA, and
incorporating programmatic factors.
(iv) A brief description of the post-panel decision making process used to
arrive at the selection. In particular, the selection of proposals identified by the peer review as
having a lower evaluation result than those not selected must be explained.
(7) The selecting official shall notify each offeror whose proposal was not selected
for award and explain generally why the proposal was not selected. If requested, the selecting
official shall arrange a debriefing under FAR 15.5, with the participation of a contracting officer.
(8) The selecting official shall forward to the contracting officer the following
information:
(i) A copy of the NRA (This requirement may be waived in the case of a
grant award at the discretion of the grant officer).
(ii) The results of the technical evaluation, including the total number of
proposals received, the selection statement, and the listing of proposal(s) selected for funding.
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These requirements may be waived in the case of a grant award at the discretion of the grant officer
if the purchase request specifically references the NRA number and states that the proposal
forwarded for funding was selected under the NRA.
(iii)
A description of any changes desired in any offeror's statement of
work, including the reasons for the changes and any effect on level of funding.
(iv)
If a contract will be used to fund the proposal, a description of
deliverables, including technical reports, and delivery dates, consistent with the requirements of the
NRA.
(v) A procurement request.
(vi) Comments on the offeror's cost proposal (either the selecting official's
comments, which may be based on the reviewers' comments, or copies of the reviewers' comments
with any different conclusions of the selecting official); these comments shall address the need for
and reasonableness of travel, computer time, materials, equipment, subcontracted items,
publication costs, labor hours, labor mix, and other costs.
(vii) A copy of the selected proposal as originally submitted, any revisions,
and any correspondence from the successful offeror.
(9) The selecting official may provide to the contracting officer copies of the
reviewers' evaluations. Reviewers' names and institutions may be omitted.
(10) The selecting official shall provide each offeror whose proposal was selected
for negotiation a notification stating—
(i) The proposal has been selected for negotiation;
(ii) The offeror's business office will be contacted by a contracting officer,
who is the only official authorized to obligate the Government; and
(iii) Any costs incurred by the offeror in anticipation of an award are at the
offeror's risk.
(e) Award. The contracting officer shall choose the appropriate award instrument. If a
contract is selected, the contracting officer shall—
(1) Advise the offeror that the Government contemplates entering into
negotiations, type of contract contemplated, estimated award date, anticipated effort, and delivery
schedule;
(2) Send the offeror a model contract, if necessary, including modifications
contemplated in the offeror's statement of work, and request agreement or identification of any
exceptions (the contract statement of work may summarize the proposed research, state that the
research shall be conducted in accordance with certain sections of the proposal (which shall be
identified by incorporating them into the contract by reference), and identify any changes to the
proposed research);
(3) Request the offeror to complete and return certifications and representations
and Standard Form 33, Solicitation, Offer, and Award, or other appropriate forms. If FAR
52.219-9, Small Business Subcontracting Plan, is required for the resultant contract, request the
offeror to provide a subcontracting plan;
(4) Conduct negotiations in accordance with FAR Subparts 15.3 and 15.4, as
applicable;
(5) Award a contract; and
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(6) Comply with FAR Subparts 4.6 and 5.3 on contract reporting and synopses of
contract awards.
(f) Cancellation of an NRA. When program changes, program funding, or any other
reasons require cancellation of an NRA, the office issuing the NRA shall notify potential offerors
by using the mailing list for the NRA.
1835.016-72 Foreign participation in NRA proposals.
Foreign proposals or U.S. proposals with foreign participation shall be treated in accordance with
1835.016-70. Additional guidelines applicable to foreign proposers are contained in the
provision at 1852.235-72, Instructions for Responding to NASA Research Announcements.
1835.070 NASA contract clauses and solicitation provision.
(a) The contracting officer shall insert the clause at 1852.235-70, Center for AeroSpace
Information, in all research and development contracts, and interagency agreements and cost-reimbursement supply contracts involving research and development work.
(b) The contracting officer shall insert the clause at 1852.235-71, Key Personnel and
Facilities, in contracts when source selection has been substantially predicated upon the possession
by a given offeror of special capabilities, as represented by key personnel or facilities.
(c) The contracting officer shall ensure that the provision at 1852.235-72, Instructions for
Responding to NASA Research Announcements, is inserted in all NRAs. The instructions may be
supplemented, but only to the minimum extent necessary.
See PIC 03-03 for further guidance regarding science and technical information.
(d) The contracting officer shall insert the clause at 1852.235-73, Final Scientific and
Technical Reports, in all research and development contracts, and in interagency agreements and
cost-reimbursement supply contracts involving research and development work.
(1) The contracting officer, after consultation with and concurrence of the program
or project manager and the center Export Control Administrator, shall insert the clause with its
Alternate I when the contract includes “fundamental research” as defined at 22 CFR 120.11(8) and
no prior review of data, including the final report, produced during the performance of the contract
is required for export control or national security purposes before the contractor may publish,
release, or otherwise disseminate the data.
(2) The contracting officer, after consultation with and concurrence by the program
or project manager and where necessary the center Export Control Administrator, shall insert the
clause with its Alternate II, when prior review of all data produced during the performance of the
contract is required before the contractor may publish, release, or otherwise disseminate the data.
For example, when data produced during performance of the contract may be subject to export
control, national security restrictions, or other restrictions designated by NASA; or, to the extent
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the contractor receives or is given access to data that includes restrictive markings, may include
proprietary information of others.
(3) Except when Alternate II applies in accordance with paragraph (d)(2) of this
section, the contracting officer shall insert the clause with its Alternate III in all SBIR and STTR
contracts.
(e) The contracting officer shall insert a clause substantially the same as the clause at
1852.235-74, Additional Reports of Work – Research and Development, in all research and
development contracts, and in interagency agreements and cost-reimbursement supply contracts
involving research and development work, when periodic reports, such as monthly or quarterly
reports, or reports on the completion of significant units or phases of work are required for
monitoring contract performance. The clause should be modified to reflect the reporting
requirements of the contract and to indicate the timeframe for submission of the final report.
1835.071 NASA Research and Development (R&D) Contract Reporting.
The E-Government Act of 2002 (Public Law No. 107-347) mandated the development and
maintenance of a repository that integrates information on R&D funded by the federal
government. In support of that requirement, contracting officers shall insert in the description
field in FPDS, or in NCWS as applicable, a brief but informative description of the statement of
work, not to exceed 250 characters, for each contract award and new work award that is funded
predominantly with R&D funds.
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Part 1836—Construction and Architect-Engineer Contracts
PART 1836
CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
(September 2015)
TABLE OF CONTENTS
SUBPART
1836.2
SPECIAL ASPECTS OF CONTRACTING FOR
CONSTRUCTION
Government estimate of construction costs.
Construction contracts with architect-engineer firms.
Special procedures for sealed bidding in construction contracting.
Invitations for bids.
Additive and deductive items.
Notice of Award.
SUBPART
1836.513
1836.570
1836.5
CONTRACT CLAUSES
Accident prevention.
NASA solicitation provisions and contract clause.
SUBPART
1836.602
1836.602-1
1836.602-2
1836.602-4
1836.602-5
1836.6
ARCHITECT-ENGINEER SERVICES
Selection of firms for architect-engineer contracts.
Selection criteria.
Evaluation boards.
Selection authority.
Short selection process for contracts not to exceed the simplified
acquisition threshold.
Selection of architect-engineer for master planning.
Collecting data on and appraising firms' qualifications.
Government cost estimate for architect-engineer work.
1836.70
PARTNERING
Definition.
General.
Policy.
NASA solicitation provision and contract clause.
1836.203
1836.209
1836.213
1836.213-3
1836.213-370
1836.213-4
1836.602-70
1836.603
1836.605
SUBPART
1836.7001
1836.7002
1836.7003
1836.7004
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PART 1836
CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
Subpart 1836.2—Special Aspects of Contracting for Construction
1836.203 Government estimate of construction costs.
(c)(i) If the acquisition is by sealed bidding, the contracting officer shall file a sealed copy
of the detailed Government estimate with the bids until bid opening. After the bids are read and
recorded, the contracting officer shall read the estimate, and record it in the same detail as the bids.
(ii) If the acquisition is by negotiation, the contracting officer may disclose the
overall amount of the Government estimate after award upon request of offerors.
1836.209 Construction contracts with architect-engineer firms.
(a) Except as indicated in paragraph (b) of this section, the Senior Procurement Executive
is the approval authority.
(b) A construction contract may be awarded to the firm that designed the project (or its
subsidiaries or affiliates) if the contract is awarded on the basis of performance specifications for
the construction of a facility, and it requires the contractor to furnish construction drawings,
specifications, or site adaptation drawings of the facility.
(c) In no case shall the firm that prepared the drawings and specifications supervise and
inspect, on behalf of the Government, the construction of the facility involved.
1836.213 Special procedures for sealed bidding in construction contracting.
1836.213-3 Invitations for bids.
1836.213-370 Additive and deductive items.
When it appears that funds available for a project may be insufficient for all the desired features of
construction, the contracting officer may provide in the invitation for bids for a first or base bid
item covering the work generally as specified and one or more additive or deductive bid items
progressively adding or omitting specified features of the work in a stated order of priority. In
such case, the contracting officer, before the opening of bids, shall record in the contract file the
amount of funds available for the project and determine the low bidder and the items to be awarded
in accordance with the provision at 1852.236-71, Additive or Deductive Items.
1836.213-4 Notice of Award.
(e) Contract delivery or performance schedules, commencement of work, or notices to
proceed shall not be expressed in terms of a notice of award. (See 1814.408-1.)
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Subpart 1836.5—Contract Clauses
1836.513 Accident prevention.
For additional guidance on the use of FAR clause 52.236-13, Accident Prevention, and its
Alternate I in NASA contracts, see 1823.7001(d).
1836.570 NASA solicitation provisions and contract clause.
(a) The contracting officer shall insert the provision at 1852.236-71, Additive or Deductive
Items, in invitations for bids for construction when it is desired to add or deduct bid items to meet
available funding.
(b) The contracting officer shall insert the provision at 1852.236-72, Bids with Unit Prices,
in invitations for bids for construction when the invitation contemplates unit prices of items.
(c) The contracting officer shall insert the clause at 1852.236-73, Hurricane Plan, in
solicitations and contracts for construction at sites that experience hurricanes.
(d) The contracting officer shall insert the provision at 1852.236-74, Magnitude of
Requirement, in solicitations for construction. Insert the appropriate estimated dollar range in
accordance with FAR 36.204.
Subpart 1836.6—Architect-Engineer Services
1836.602 Selection of firms for architect-engineer contracts.
1836.602-1 Selection criteria.
(a)(2) The evaluation of specialized experience and technical competence shall be limited
to the immediately preceding ten years.
(a)(4) The evaluation of past performance shall be limited to the immediately preceding
ten years.
(a)(6) The architect-engineer selection board may also establish evaluation criteria
regarding the volume of work previously awarded to the firm by NASA, with the object of
effecting an equitable distribution of contracts among qualified architect-engineer firms, including
minority-owned firms and firms that have not had prior NASA contracts.
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1836.602-2 Evaluation boards.
(a) Installations shall establish an architect-engineer selection board to be composed of the
selection authority and at least three voting members. Membership shall at least include: one
currently registered architect or professional engineer, who shall serve as the board chairperson; an
official from the requiring office; if appropriate, a technical official familiar with any unique
subject matter critical to the requirement; and a procurement official (a contracting officer, if
feasible) as an ad-hoc advisor to the board. Where appropriate, the procurement official may serve
as a voting member. Non-Government employees shall not be appointed as voting members.
1836.602-4 Selection authority.
(a) The selection authority shall be appointed in accordance with installation procedures.
1836.602-5 Short selection process for contracts not to exceed the simplified acquisition
threshold.
The procedures at FAR 36.602-5(a) or (b) may be used at the discretion of the selection authority.
1836.602-70 Selection of architect-engineer for master planning.
(a) Definition of master plan. A master plan is an integrated series of documents
presenting in graphic, narrative, and tabular form the present composition of the installation and
the plan for its orderly and comprehensive development to perform its various missions in the most
efficient and economical manner.
(b) Selection.
(1) Selection of an architect-engineer shall be made by the Official, appointed by
the Center Director. The report of the architect-engineer selection board will be concurred in at
NASA Headquarters by the Assistant Administrator for Strategic Infrastructure, the Senior
Procurement Executive, the Chief Financial Officer, and the General Counsel.
(2) The Official, appointed by the Center Director, shall be responsible for the
architect-engineer selection board report required by FAR 36.602-3(d).
1836.603 Collecting data on and appraising firms' qualifications.
The architect-engineer selection boards (see 1836.602-2) are designated as NASA's evaluation
boards for the purposes of FAR 36.603.
1836.605 Government cost estimate for architect-engineer work.
(b) The contracting officer may disclose the overall amount of the Government estimate
after award upon request of offerors.
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Subpart 1836.70—Partnering
1836.7001 Definition.
"Partnering" means a relationship of open communication and close cooperation that involves
both Government and Contractor personnel working together for the purpose of establishing a
mutually beneficial, proactive, cooperative environment within which to achieve contract
objectives and resolve issues and implementing actions as required.
1836.7002 General.
(a) The establishment of a partnering environment usually leads to higher quality
products completed more quickly at lower overall costs and with fewer accidents and litigation.
(b) The use of partnering is encouraged as it has been shown to reduce the average
contract cost and schedule growth and to reduce contract claims and litigation.
(c) Partnering is a voluntary contract relationship within the management process that is
not to be used to unofficially alter terms of the contract.
1836.7003 Policy.
(a) Partnering should be used on a contract when the contracting officer, in coordination
with the project manager, determines that the benefits to be achieved from its use are expected to
be greater than the costs see NASA Partnering Desk Reference.
(b) In determining whether the benefits of partnering are greater than the costs, the
following factors should be considered:
(1) The estimated dollar value of the contract.
(2) The complexity of the work to be performed.
(3) The contemplated length of the contract.
(4) The estimated costs to be incurred in conducting the partnership development
and team building initial and follow-up workshops.
1836.7004 NASA solicitation provision and contract clause.
The contracting officer may insert a clause substantially the same as stated at 1852.236-75,
Partnering for Construction Contracts, in solicitations and contracts for construction, when it has
been determined that the benefits to be derived from partnering exceed the costs.
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Part 1837—Service Contracting
PART 1837
SERVICE CONTRACTING
(Revised February 4, 2016)
TABLE OF CONTENTS
SUBPART
1837.101
1837.104
1837.106-70
1837.1
1837.109-70
1837.110
1837.110-70
1837.170
SERVICE CONTRACTS--GENERAL
Definitions.
Personal services contracts.
Funding and term of service contracts–Additional
considerations.
Protective services contracts.
Solicitation provisions and contract clauses.
NASA solicitation provision and contract clauses.
Pension portability.
SUBPART 1837.2
1837.203
1837.203-70
1837.303-71
1837.203-72
1837.204
ADVISORY AND ASSISTANCE SERVICES
Policy.
Providing contractors access to sensitive information.
Release of contractors’ sensitive information.
NASA contract clauses.
Guidelines for determining availability of personnel.
SUBPART
1837.601
1837.604
PERFORMANCE-BASED ACQUISITION
General.
Quality assurance surveillance plans.
1837.6
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Part 1837—Service Contracting
PART 1837
SERVICE CONTRACTING
Subpart 1837.1—Service Contracts–General
1837.101 Definitions.
“Pension portability" means the recognition and continuation in a successor service contract of the
predecessor service contract employees' pension rights and benefits.
1837.104 Personal services contracts.
(b) Section 203(c)(9) of the National Aeronautics and Space Act of 1958 (42 U.S.C.
2473(c)(9)) authorizes NASA "to obtain services as authorized by Section 3109 of Title 5, United
States Code." It is NASA policy to obtain the personal services of experts and consultants by
appointment rather than by contract. The policies, responsibilities, and procedures pertaining to
the appointment of experts and consultants are in NPR 3300.1, Appointment of Personnel
To/From NASA, Chapter 4, Employment of Experts and Consultants.
1837.106-70 Funding and term of service contracts–Additional considerations.
(a) For all severable service contracts, the base period of performance shall not extend
beyond the date of the availability of the funds initially obligated to the contract at the time of
award. The Bona Fide Needs Rule, codified at 31 U.S.C 1502, provides that the balance of an
appropriation or fund limited for obligation to a definite period is available only for payment of
expenses incurred during the period of availability or to complete contracts properly made within
that period of availability and obligated consistent with section 1501 of this title. The period of
performance of any option on severable service contracts also shall not extend beyond the period
of availability of funds. Contracts including such options shall contain the appropriate
“Availability of Funds” clause.
(b) Decisions regarding the severability of the work and compliance with the Bona Fide
Needs Rule should be made as early as possible in the acquisition planning process. Contracting
officers, in collaboration with the requirements initiator and supporting Center Financial and Legal
personnel, should ensure, in accordance with FAR 7.105 and NFS 1807.105, that the funding and
term of severable service contracts are considered and discussed in acquisition planning
documentation, including the severability of the work and compliance with the Bona Fide Needs
Rule. For additional information on acquisition funding to include the Bona Fide Need rule click
here.
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1837.109-70 Protective services contracts.
See Appendix A, A-102.3 for policy related to the acquisition of protective services.
[PN 18-09, PN 19-12]
1837.110 Solicitation provisions and contract clauses.
1837.110-70 NASA solicitation provision and contract clauses.
(a) The contracting officer shall insert the clause at 1852.237-70, Emergency Evacuation
Procedures, in solicitations and contracts for on-site support services where emergency evacuations
of the NASA installation may occur, e.g., snow, hurricanes, tornadoes, earthquakes, or other
emergencies.
(b) The contracting officer shall insert the clause at 1852.237-71, Pension Portability, in
solicitations, contracts or negotiated contract modifications for additional work when the
procurement officer makes the determination in 1837.170(a)(2).
1837.170 Pension portability.
(a) It is NASA's policy not to require pension portability in service contracts. However,
pension portability requirements may be included in solicitations, contracts, or contract
modifications for additional work under the following conditions:
(1)(i) There is a continuing need for the same or similar services for a minimum of
five years (inclusive of options), and, if the contractor changes, a high percentage of the
predecessor contractor's employees are expected to remain with the program; or
(ii) The employees under a predecessor contract were covered by a portable
pension plan, a follow-on contract or a contract consolidating existing services is awarded, and the
total contract period covered by the plan covers a minimum of five years (including both the
predecessor and successor contracts); and
(2) The procurement officer determines in writing, with full supporting rationale,
that such a requirement is in the Government's best interest. The procurement officer shall
maintain a record of all such determinations.
(b) When pension portability is required, the plan shall comply with the requirements of
the clause at 1852.237-71, Pension Portability, (see 1837.110-70(b)), and the contract shall also
include a clear description of the plan, including service, pay, liabilities, vesting, termination, and
benefits from prior contracts.
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Subpart 1837.2—Advisory and Assistance Services
1837.203 Policy.
(c) Advisory and assistance services of individual experts and consultants shall normally
be obtained by appointment rather than by contract (see NPR 3300.1, Appointment of Personnel
To/From NASA, Chapter 4, Employment of Experts and Consultants).
1837.203-70 Providing contractors access to sensitive information.
(a)(1) As used in this subpart, “sensitive information” refers to information that the
contractor has developed at private expense or that the Government has generated that qualifies
for an exception to the Freedom of Information Act, which is not currently in the public domain,
may embody trade secrets or commercial or financial information, and may be sensitive or
privileged, the disclosure of which is likely to have either of the following effects: (1) to impair
the Government’s ability to obtain this type of information in the future; or (2) to cause
substantial harm to the competitive position of the person from whom the information was
obtained. The term is not intended to resemble the markings of national security documents as in
sensitive-secret-top secret.
(2) As used in this subpart, “requiring organization” refers to the NASA
organizational element or activity that requires specified services to be provided.
(3) As used in this subpart, “service provider” refers to the service contractor
that receives sensitive information from NASA to provide services to the requiring organization.
(b)(1) To support management activities and administrative functions, NASA relies on
numerous service providers. These contractors may require access to sensitive information in the
Government’s possession, which may be entitled to protection from unauthorized use or
disclosure.
(2) As an initial step, the requiring organization shall identify when needed
services may entail access to sensitive information and shall determine whether providing access
is necessary for accomplishing the Agency’s mission. The requiring organization shall review
any service provider requests for access to information to determine whether the access is
necessary and whether the information requested is considered “sensitive” as defined in
paragraph (a)(1) of this section.
(c) When the requiring organization determines that providing specified services will
entail access to sensitive information, the solicitation shall require each potential service provider
to submit with its proposal a preliminary analysis of possible organizational conflicts of interest
that might flow from the award of a contract. After selection, or whenever it becomes clear that
performance will necessitate access to sensitive information, the service provider must submit a
comprehensive organizational conflicts of interest avoidance plan.
(d) This comprehensive plan shall incorporate any previous studies performed, shall
thoroughly analyze all organizational conflicts of interest that might arise because the service
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provider has access to other companies’ sensitive information, and shall establish specific
methods to control, mitigate, or eliminate all problems identified. The contracting officer, with
advice from Center counsel, shall review the plan for completeness and identify to the service
provider substantive weaknesses and omissions for necessary correction. Once the service
provider has corrected the substantive weaknesses and omissions, the contracting officer shall
incorporate the revised plan into the contract, as a compliance document.
(e) If the service provider will be operating an information technology system for NASA
that contains sensitive information, the operating contract shall include the clause at 1852.20476, Security Requirements for Unclassified Information Technology Resources, which requires
the implementation of an Information Technology Security Plan to protect information
processed, stored, or transmitted from unauthorized access, alteration, disclosure, or use.
(f) NASA will monitor performance to assure any service provider that requires access to
sensitive information follows the steps outlined in the clause at 1852.237-72, Access to Sensitive
Information, to protect the information from unauthorized use or disclosure.
1837.203-71 Release of contractors’ sensitive information.
Pursuant to the clause at 1852.237-73, Release of Sensitive Information, offerors and contractors
agree that NASA may release their sensitive information when requested by service providers in
accordance with the procedures prescribed in 1837.203-70 and subject to the safeguards and
protections delineated in the clause at 1852.237-72, Access to Sensitive Information. As
required by the clause at 1852.237-73, or other contract clause or solicitation provision,
contractors must identify information they claim to be “sensitive” submitted as part of a proposal
or in the course of performing a contract. The contracting officer shall evaluate all contractor
claims of sensitivity in deciding how NASA should respond to requests from service providers
for access to information.
1837.203-72 NASA contract clauses.
(a) The contracting officer shall insert the clause at 1852.237-72, Access to Sensitive
Information, in all solicitations and contracts for services that may require access to sensitive
information belonging to other companies or generated by the Government.
(b) The contracting officer shall insert the clause at 1852.237-73, Release of Sensitive
Information, in all solicitations, contracts, and basic ordering agreements.
1837.204 Guidelines for determining availability of personnel.
(a)(i) Outside peer review evaluators may be used to evaluate SBIR, STTR, NRA, AO,
and unsolicited proposals without making the determination of non-availability.
(ii) For all other actions, the NASA official one level above the NASA program
official responsible for the evaluation shall make the determination, with the concurrence of the
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legal office. The contracting officer shall ensure that a copy of the determination is in the contract
file prior to issuance of a solicitation.
(b) The official designated in paragraph (a)(ii) of this section is responsible for the actions
required in FAR 37.204(b).
(c) The agreement shall be made by the program official responsible for the evaluation and
the contracting officer.
(e) The Senior Procurement Executive is the approval authority for class determinations.
The class determination request shall include the assessment required by FAR 37.204(b).
Subpart 1837.6—Performance-Based Acquisition
1837.601 General.
(a) A statement of objectives (SOO) may be used on both competitive and noncompetitive acquisitions. Use of a SOO on a competitive acquisition must be approved by the
procurement officer and supported by a description of how the source selection process will be
structured to accommodate evaluation of offeror-unique performance work statements submitted
in response to the SOO.
1837.604 Quality assurance surveillance plans.
A Quality Assurance Surveillance Plan (QASP) must be developed for each contract for services,
and also for supplies where higher-level contract quality requirements are required. Those plans
must be consistent with and may be included within the over-arching project QASP (PQASP)
described in NPR 8735.2, Management of Government Quality Assurance Functions for NASA
Contracts.
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Part 1838—Reserved
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2015 EDITION (Thru PN 22-16)
1838-1
NASA Federal Acquisition Regulation Supplement
Part 1839—Acquisition of Information Technology
PART 1839
ACQUISITION OF INFORMATION TECHNOLOGY
(September 2015)
TABLE OF CONTENTS
SUBPART
1839.105
1839.107
1839.107-70
1839.1
GENERAL
Privacy.
Contract clause.
NASA contract clause.
SUBPART
1839.203
1839.203-70
1839.2
ELECTRONIC AND INFORMATION TECHNOLOGY
Applicability.
Documentation.
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PART 1839
ACQUISITION OF INFORMATION TECHNOLOGY
Subpart 1839.1—General.
1839.105 Privacy.
See 1804.470.
1839.107 Contract clause.
See PCD 15-03D for further guidance related to NFS Deviation Clauses 1852.239-73 and
1852.239-74.
1839.107-70 NASA contract clause.
(a)(1) The contracting officer shall insert the clause substantially as stated at 1852.239-70,
Alternate Delivery Points, in solicitations and contracts for information technology when—
(i) An indefinite delivery/indefinite quantity contract will be used or when
the contract will include options for additional quantities; and
(ii) Delivery is F.O.B destination to the contracting activity.
(2) When delivery is F.O.B. origin and Government bills of lading (GBL) are used,
the contracting officer shall use the clause with its Alternate I.
Subpart 1839.2—Electronic and Information Technology.
1839.203 Applicability
1839.203-70 Documentation.
(a)(1) For all procurements of Electronic and Information Technology (EIT), the
requirements office is responsible for market research as well as preparing, documenting, and
obtaining approval for all determinations of compliance, non-compliance, and partial compliance;
commercial nonavailability determinations; and undue burden exceptions. Center procurement
offices should provide appropriate assistance to the requirements office. For micro-purchases
made under FAR 13.2, market research documentation for EIT may be entered within the purchase
card system or within supporting files. For other than micro-purchases made under FAR 13.2, the
market research shall be provided to the center procurement office for inclusion in the contract file
and should be substantially the same as the following format:
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Compliance with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) and the
Architectural and Transportation Barriers Compliance Board Electronic and Information
Technology (EIT) Accessibility Standards (36 CFR 1194)
Purchase Request:
Contract:
Delivery Order:
Task Order:
The supply and/or service required:
___
Meet the applicable accessibility standards.
___ Is a commercial supply or service and market research has determined that some or all of
the applicable Access Board standards cannot be met by supplies or services available in the
commercial marketplace in time to satisfy agency delivery requirements. (See attached EIT
Commercial Non-Availability Determination)
___
Is exempt from compliance with applicable accessibility standards based on the following
exception:
___
The item is for a national security system.
___
The item will be located in spaces frequented only by service personnel for
maintenance, repair or occasional monitoring of equipment.
___
Would impose an undue burden on the agency. (See attached Undue Burden
Determination)
(Signature)____________________________________
Printed Name of Requiring Official
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Part 1840—Reserved
NO NFS TEXT
2015 EDITION (Thru PN 22-16)
1840-1
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Part 1841—Acquisition of Utility Services
PART 1841
ACQUISITION OF UTILITY SERVICES
(September 2015)
TABLE OF CONTENTS
SUBPART
1841.103
1841.1
APPLICABILITY
Statutory and delegated authority.
SUBPART
1841.201
1841.205
1841.205-70
1841.206
1841.2
ACQUIRING UTILITY SERVICES
Policy.
Separate contracts.
Acquisition of energy when purchased as a commodity.
Interagency agreements.
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PART 1841
ACQUISITION OF UTILITY SERVICES
Subpart 1841.1—General
1841.103 Statutory and delegated authority.
(c) The authority to request delegations of contracting authority from GSA is delegated to the
center procurement officer. The procurement officer shall coordinate with the Headquarters
Facilities Engineering Division before requesting this delegation of authority.
Subpart 1841.2—Acquiring Utility Services
1841.201 Policy.
(c) The Center or Component Facility Energy Manager shall review each acquisition of utility
services for opportunities to increase the portion of energy generated from renewable sources or
conventional sources with lower greenhouse gas emissions in order to assist NASA in reaching
goals and in compliance with Federal energy and greenhouse gas requirements addressed in NPR
8570.1, Energy Efficiency and Water Conservation.
1841.205 Separate contracts.
(a) Before entering into a separate contract, the contracting officer shall coordinate with the
Center Energy Manager and Headquarters Facilities Engineering Division.
1841.205-70 Acquisition of energy when purchased as a commodity.
(a) The acquisition of energy, such as electricity and natural gas, when purchased as a
commodity is considered the acquisition of supplies rather than the acquisition of utility services
described in FAR Part 41. Therefore, the contracting officer may acquire energy commodities
directly under applicable authorities and FAR procedures governing the acquisition of supplies
NASA Centers and Component Facilities may also participate in energy commodity procurement
programs conducted by other entities, such as the GSA and the Defense Logistics Agency. The
contracting officer shall coordinate energy commodity acquisitions with the Headquarters Facilities
Engineering Division.
1841.206 Interagency agreements.
A NASA Center or Component Facility located with a Department of Defense (DoD) installation
may, after coordinating with the Headquarters Facilities Engineering Division, enter into an
interagency agreement to reimburse the installation for utility services provided by the installation
under DoD’s utility services authority.
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Part 1842—Contract Administration and Audit Services
PART 1842
CONTRACT ADMINISTRATION AND AUDIT SERVICES
(Revised June 30, 2017)
TABLE OF CONTENTS
SUBPART
1842.101
1842.102
1842.102-70
1842.102-71
1842.102-72
1842.1
CONTRACT AUDIT SERVICES
Contract audit responsibilities.
Assignment of contract audit services.
Review of administration and audit services.
Assignment of NASA personnel at contractor plants.
Assignment of Contract Audit Services for Canadian Firms.
SUBPART
1842.202
1842.202-70
1842.2
CONTRACT ADMINISTRATION SERVICES
Assignment of contract administration.
Retention of contract administration.
SUBPART
1842.302
1842.3
CONTRACT ADMINISTRATION OFFICE FUNCTIONS
Contract administration functions.
SUBPART
1842.503
1842.5
POSTAWARD ORIENTATION
Postaward conferences.
SUBPART
1842.705
1842.705-1
1842.707
1842.708
1842.708-70
1842.7
INDIRECT COST RATES
Final indirect cost rates.
Contracting officer determination procedure.
Cost-sharing rates and limitations on indirect cost rates.
Quick-closeout procedure.
NASA quick-closeout procedure.
SUBPART 1842.12
1842.1203
1842.1203-70
NOVATION AND CHANGE-OF-NAME AGREEMENTS
Processing agreements.
DOD processing of novation and change-of-name agreements on
behalf of NASA.
SUBPART
1842.13
SUSPENSION OF WORK, STOP-WORK ORDERS,
AND GOVERNMENT DELAY OF WORK
Contract clauses.
1842.15
CONTRACTOR PERFORMANCE INFORMATION
Policy.
Procedures.
1842.1305
SUBPART
1842.1502
1842.1503
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SUBPART
1842.7001
1842.7002
1842.7003
1842.70
ADDITIONAL NASA CONTRACT CLAUSES
Denied Access to NASA Facilities.
Travel outside of the United States.
Emergency medical services and evacuation.
SUBPART
1842.71
RESERVED.
SUBPART
1842.72
NASA CONTRACTOR FINANCIAL MANAGEMENT
REPORTING
General.
Contract clause.
1842.73
AUDIT TRACKING AND RESOLUTION
NASA reportable contract audit follow-up process.
Reportable audit disposition documentation.
1842.7201
1842.7202
SUBPART
1842.7301
1842.7302
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PART 1842
CONTRACT ADMINISTRATION AND AUDIT SERVICES
Subpart 1842.1—Contract Audit Services
1842.101 Contract audit responsibilities.
(b)(1) The Defense Contract Audit Agency (DCAA) has been designated as the DOD
agency responsible for the performance of audit functions for NASA contracts with vendors for
which DOD acts as the Cognizant Federal Agency Official (CFAO), except those contracts
awarded to educational institutions for which other agencies have audit cognizance under OMB
Circular No. A-133; those with the Canadian Commercial Corporation; and those contracts with
vendors for which NASA serves as the CFAO. DCAA may not self-initiate contract required
audits (i.e., incurred cost audits, contractor business reviews) on NASA’s behalf without obtaining
an audit request. For those contracts where DCAA has not received a Letter of Audit Delegation
(NASA Form 1433), DCAA will provide a notice to [email protected] asking if NASA wants a specific contract(s) audited.
(2) Cross-servicing arrangements are the responsibility of the Headquarters Office
of the Chief Financial Officer. Contracting officers should direct questions to the Headquarters
Office of Procurement, Procurement Management & Policy Division.
1842.102 Assignment of contract audit services.
1842.102-70 Review of administration and audit services.
NASA contracting activities shall assess their delegations to DOD semiannually to determine
changes in delegation patterns that could result in significant changes in DOD manpower
requirements or have other important impacts on DOD contract administration activities. Events
such as major program cutbacks or expansions, changes in locations of major programs, and
sizable new acquisitions should be considered in the assessment. Contracting activities shall
advise the Headquarters Office of Procurement, Procurement Management & Policy Division
when an assessment indicates a significant change in required DOD support. DCAA will
provide the Headquarters Office of Procurement, Procurement Management & Policy Division
with a contract required audit plan annually. DCAA will distribute a copy of all completed
contract required audits that include NASA to [email protected].
1842.102-71 Assignment of NASA personnel at contractor plants.
(a)(1) NASA personnel normally shall not be assigned at or near a contractor's facility to
perform any contract administration functions listed in FAR 42.302(a). Before such an assignment
is made, a written request shall be forwarded to the cognizant program director for approval with
the concurrence of the Senior Procurement Executive. The following supporting information shall
be forwarded with the request to make the assignment:
(i) A statement of the special circumstances that necessitate the assignment.
(ii) The contract administration services to be performed.
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(iii) A summary of any discussions held with the cognizant contract
administration organization.
(iv) A staffing plan covering three years or such shorter period as may be
appropriate.
(2) The provisions of this paragraph do not apply to NASA audit personnel
assigned to the field installations, to NASA technical personnel covered by 1842.101 and
paragraph (b) of this section, unless they are performing any contract administration functions
listed in FAR 42.302(a), or to personnel assigned to contractors' plants on NASA or other Federal
installations.
(b) NASA may assign technical personnel (such as quality assurance, reliability, or
engineering representatives) to contractors' plants or laboratories to provide direct liaison with
NASA and technical assistance and guidance to the contractor and DOD. The duties and
responsibilities of these technical representatives shall be clearly defined and shall not conflict
with, duplicate, or overlap with functions delegated to DOD personnel. NASA shall advise
appropriate DOD and contractor organizations of the duties and responsibilities of NASA technical
personnel.
(c) When a NASA resident office, including any assigned technical personnel, and a DOD
contract administration office are performing contract administration functions for NASA contracts
at the same contractor's facility, the two offices shall execute a written agreement clearly
establishing the relationship between the two organizations and the contractor. The agreement
should eliminate duplication in the performance of contract administration functions and minimize
procedural misunderstandings between the two organizations. Such agreements shall be consistent
with existing delegations to the contract administration offices concerned and shall specify the
relationship of NASA nonprocurement resident personnel to their DOD and contractor
counterparts if such personnel will be involved in any aspect of contract administration.
1842.102-72 Assignment of Contract Audit Services for Canadian Firms.
(a) For contracts with the Canadian Commercial Corporation (CCC), audits are
automatically arranged by the Department of Defense Production (Canada) (DDP) in accordance
with agreements between NASA and DDP. Audit reports are furnished to DDP. Upon advice
from DDP, CCC will certify the invoice and forward it with Standard Form 1034, Public Voucher,
to the contracting officer for further processing and transmittal to the fiscal or financial
management officer.
(b) For contracts placed directly with Canadian firms, audits are requested by the
contracting officer from the Audit Services Branch, Comptroller of the Treasury, Department of
Finance, Ottawa, Ontario, Canada. Invoices are approved by the auditor on a provisional basis
pending completion of the contract and final audit. These invoices, accompanied by SF 1034, are
forwarded to the contracting officer for further processing and transmittal to the fiscal or financial
management officer. Periodic advisory audit reports are furnished directly to the contracting
officer.
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Subpart 1842.2—Contract Administration Services
1842.202 Assignment of contract administration.
(b) Special instructions. The functions described in 42.302(b)(1) and the following
subparagraphs of 42.302(a) are normally retained: (3), (10), (12), (13), (14), (15), (17), (18), (19),
(20), (21), (22), (23), (24), (29), (31), (32), (40), (41), (42), (43), (44), (45), (46), (47), (48), (49),
(51), (56), (58), (59), (62), (63), (64), (65), (69), and (70). In addition to the instructions at FAR
42.202(a)(1) through (4), contracting officers shall—
(i) Send delegations to the DCMA NASA Support Desk operated by DCMA
NASA Product Operations (NPO) at: [email protected],
for receipt, coordination, and acceptance by DCMA and re-delegation for performance by the
appropriate DCMA Contract Management Office(s); except for research and development with
universities; management and professional support services; base, post, camp and station
purchases; operation or maintenance of, or installation of equipment at, radar or communication
network sites; and operation and maintenance of, or installation of equipment at Center test ranges,
facilities, and installations;
(ii) Include in delegation requests the NASA Form 1430, Letter of Contract
Administration Delegation, General, along with appropriate appendices (NASA Form 1430A,
1430B, 1430C, 1430D), NASA Form 1431, Letter of Acceptance of Contract Administration, and
contract documents (base contract and SOW/PWS). Use the following address on NASA Form
(NF) 1430 for block 3 and on NF 1431 block 4: DCMA NASA Product Operations, 2720
Howitzer Rd, Bldg. 2372, Fort Sam Houston, TX 78234-6002;
(iii) Contracting officers shall use the returned NASA Form 1431, Letter of
Acceptance of Contract Administration, as contract file documentation that the delegation has been
accepted, modified or rejected by DCMA and as a reference for points of contact for each of the
functional areas delegated; and
(iv) Contracting officer shall contact the Headquarters Office of Procurement,
Procurement Management & Policy Division to determine whether DCAA is the cognizant audit
agency. If so, the contracting officer completes NASA Form 1433, Letter of Audit Delegation, to
delegate the audit function to DCAA and to amend previous delegations. Item 12 on NASA Form
1433 shall be marked "Not applicable." Distribute copies of the contract and NASA Form 1433 as
follows:
(A) Audit office: One copy of the contract and NASA Form 1433.
(B) Contractor: One NASA Form 1433.
1842.202-70 Retention of contract administration.
(a) The assignment of contract administration is optional for the following contracts:
(1) Research and development study contracts not involving deliverable hardware
or Government furnished property.
(2) Contracts with periods of performance of 90 days or less.
(3) Contracts with periods of performance of 91 to 180 days that do not include all
of the following:
(i) A small business subcontracting plan.
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(ii) Government-furnished property.
(iii) Progress payments, if a fixed-price type contract.
(4) Purchase orders without Government source inspection requirements.
(5) Contracts requiring only on-site performance.
(6) Contracts requiring work in the vicinity of the awarding center where DOD
contract administration services are not reasonably available.
(b) The determination to assign Quality Assurance, Property Administration or Plant
Clearance for administration shall be made after review by the cognizant technical personnel.
Subpart 1842.3--Contract Administration Office Functions
1842.302 Contract administration functions.
In addition to the responsibilities listed in FAR 42.302(a), responsibility for reviewing earned
value management system (EVMS) plans and verifying initial and continuing contractor
compliance with NASA and DoD EVMS criteria and conformity with ANSI/EIA Standard 748,
Industry Guidelines for EVMS, is normally delegated to DCMA.
Subpart 1842.5—Postaward Orientation
1842.503 Postaward conferences.
(1) A postaward conference shall be held with representatives of the contract
administration office when—
(i) A contract is expected to exceed $10,000,000;
(ii) Contract performance is required at or near a NASA installation or NASAcontrolled launch site;
(iii) The delegation will impose an abnormal demand on the resources of the
contract administration office receiving the delegation; or
(iv) Complex contract management problems are expected, particularly risk
management areas identified during program and acquisition planning, e.g., significant or unusual
mission success, technical, cost, schedule, safety, security, occupational health, environmental
protection, and export control risks.
(2) Procurement officer approval is required to waive a post-award conference for
contracts meeting any of the criteria in paragraph (1) of this section. The request for procurement
officer approval to waive a post-award conference shall address action taken and planned to ensure
effective communication with the contract administration office during the performance of the
contract.
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Subpart 1842.7—Indirect Cost Rates
1842.705 Final indirect cost rates.
1842.705-1 Contracting officer determination procedure.
See PCD 20-05 for further guidance related to FAR 42.705.
See PCD 13-02 for further guidance related to FAR 42.705.
(b) Procedures.
(3)(i) When NASA is not the cognizant Federal agency, NASA should participate
with the cognizant contracting officer (or cognizant Federal agency official) in the final indirect
cost rate determination procedure where the issues involved would have a significant financial
impact on the agency. The NASA participant should be a representative from that installation
providing the preponderance of NASA funding. If a determination is made that NASA’s
participation is not warranted, that decision must be communicated to the cognizant contracting
officer (or cognizant Federal agency official).
(ii) When NASA is the cognizant Federal agency, settlement of indirect
costs should be conducted by the cognizant NASA contracting officer (normally from the
installation providing the preponderance of NASA funding).
1842.707 Cost-sharing rates and limitations on indirect rates.
(a) The AA for Procurement is the approval authority for use of an indirect rate ceiling
provision in a solicitation or contract. Requests for approval shall be submitted through the
Headquarters Office of Procurement, Procurement Strategic Operations Division. Such requests
shall be constructed in the form of a Determination & Finding (D&F) which shall, at a minimum,
contain a copy of the proposed indirect rate ceiling provision, a justification as to why such a
provision is necessary, and the associated benefits to the Government. The Headquarters Office
of Procurement, Procurement Strategic Operations Division Procurement Analyst shall coordinate
all indirect rate ceiling approval requests with the Headquarters Office of the General Counsel,
the Cognizant Administrative Contracting Officer, and the cognizant Headquarters Office of
Procurement, Procurement Management & Policy Division Procurement Analyst.
(b)(1) Indirect rate ceilings should only be used in those situations described in FAR
42.707(b)(1)(i) and (ii). On competitive procurements, if the situation cited in FAR
42.707(b)(1)(iii) arises during the cost realism evaluation, use of an indirect rate ceiling
provision should be proposed as part of the source selection presentation and the above approval
procedures initiated at that time.
(c) All indirect rate ceiling provisions must address, at a minimum, the indirect rates
being capped; the procedures for possible adjustment of ceiling rates if certain circumstances
warrant such adjustment; and the elements identified in FAR 42.707(c).
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1842.708 Quick-closeout procedure.
(a)(2)(ii) The 10 percent parameter does not apply to NASA contracts.
1842.708-70 NASA Quick-closeout procedures.
After a decision is made that the use of quick closeout is appropriate, the contracting officer
shall—
(a) Obtain a written agreement from the contractor to participate in the quick-closeout
process under FAR 42.708 for the selected contract(s);
(b) Require the contractor to submit a final voucher and a summary of all costs by cost
element and fiscal year for the contract(s) in question, as well as a copy of the contractor's final
indirect cost rate proposal for each fiscal year quick closeout is involved;
that—
(c) Notify the cognizant audit activity in writing, identify the contract(s), and request
(1) The contractor's indirect cost history covering a sufficient number of fiscal
years to see the trend of claimed, audit questioned, and disallowed costs; and
(2) Any other information that could impact the decision to use quick-closeout
procedures. Indirect cost histories should be requested from the contractor only when the
cognizant audit activity is unable to provide the information.
(d) Review the contract(s) for indirect cost rate ceilings and any other contract limitations,
as well as the rate history information.
(e) Establish final indirect cost rates using one of the following rates:
(1) The contract's ceiling indirect cost rates, if applicable, and if less than
paragraphs (e)(2) through (6) of this section.
(2) The contractor's claimed actual rates adjusted based on the contractor's indirect
cost history, if less than paragraphs (e)(3) through (6) of this section.
(3) Recommended rates from the cognizant audit agency, the local pricing office,
another installation pricing office, or other recognized knowledgeable source.
(4) The contractor's negotiated billing rates, if less than paragraphs (e)(5) or (6) of
this section.
(5) The previous year's final rates.
(6) Final rates for another fiscal year closest to the period for which quick-closeout
rates are being established.
(f) If an agreement is reached with the contractor, obtain a release of all claims and other
applicable closing documents.
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(g) For those contracts where the indirect cost rate negotiation function was delegated or
falls under the cognizance of another agency, send a copy of the agreement to that office.
Subpart 1842.12—Novation and Change-of-Name Agreements
1842.1203 Processing agreements.
(b) The installation shall immediately notify the Headquarters Office of Procurement,
Procurement Strategic Operations Division of the request to execute a novation (successor-ininterest) or change-of-name agreement.
(h) The contracting officer shall forward one copy of the agreement to the Headquarters
Office of Procurement, Procurement Strategic Operations Division.
1842.1203-70 DOD processing of novation and change-of-name agreements on behalf of
NASA.
(a) Copies of novation and change-of-name agreements executed by DOD on behalf of
NASA are maintained by the Headquarters Office of Procurement, Procurement Strategic
Operations Division.
(b) Headquarters Office of Procurement, Procurement Strategic Operations Division is the
Agency point of contact for issues related to proposed novation agreements. With the concurrence
of the Headquarters Office of Procurement, Procurement Strategic Operations Division, an
installation may execute a separate agreement with the contractor.
Subpart 1842.13—Suspension of Work, Stop-Work Orders, and Government Delay
of Work
1842.1305 Contract clauses.
(b) FAR 52.242-15, Stop-Work Order, shall not be used in solicitations or contracts for
research performed by educational or other nonprofit institutions.
Subpart 1842.15—Contractor Performance Information
1842.1502 Policy.
(a) Not later than 120 days after the end of the period of performance on contracts
having a period of performance exceeding one year, contracting officers must conduct interim
evaluations of performance on contracts subject to FAR 42.15 and this subpart. Interim
evaluations are not required on contracts whose award anniversary is within 3 months of the end
of the contract period of performance. The final evaluation will include an evaluation of the
period between the last interim evaluation and the end of the contract period of performance.
Interim performance evaluations are optional for SBIR/STTR Phase II contracts.
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Part 1842—Contract Administration and Audit Services
1842.1503 Procedures.
(a) The contracting officer shall determine who (e.g., the technical office or end users of
the products or services) evaluates appropriate portions of the contractor’s performance. The
contracting officer should use the Contractor Performance Assessment Reporting System
(CPARS) input template to obtain evaluations if the technical office or end users do not have
access to CPARS. The evaluations are subjective in nature. Nonetheless, the contracting officer,
who has responsibility for the evaluations, shall ensure that they are reasonable.
(b) The CPARS shall be used to document evaluations. This provides for a five-tiered
rating covering the following attributes: quality, schedule, cost control (not required for firmfixed-price contracts or firm-fixed-price contracts with economic price adjustment), business
relations, management of key personnel, utilization of small business, and other considerations
within the CPARS module; Quality, Key Consultants, Design/Engineering, and Construction
within the ACASS module; and Quality, Management, Timely Performance, Labor Standards,
Environmental Management, Occupational Health and Safety Standards within the CCASS
module.
(i) For occupational health and safety, the following should be included in the
rating based on applicability to the specific contract:
(A) Compliance with the approved health and safety plan.
(B) Safety record and incidence history.
(C) Procedures for the correction and control of hazards.
(ii) For environmental management, the following should be included in the
rating based applicability to the specific contract:
(A) Compliance with the Center environmental management system (for
on-site contracts).
(B) Use of environmentally preferable products and services.
(C) Compliance with contract sustainable acquisition requirements.
(c) For Cost Plus Award Fee or Fixed Price Award Fee type contracts, contracting
officers shall complete the following evaluation information in the Award Fee Evaluation
System (AFES) module in the NASA Acquisition Internet Service (NAIS):
(i) Available award fee amount.
(ii) Amount of award fee earned.
(iii) Award fee rating.
(iv) How the use of award fee did or did not motivate the contractor’s overall
cost, schedule and technical performance as measured against contract requirements in
accordance with the criteria stated in the award fee plan.
(v) How the objectives were enhanced by using an award fee contract as stated in
the determination and findings required at FAR 16.401(d).
(vi) Award fee determination meeting date.
(vii) Date Fee Determining Official determination notice to the contractor.
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(viii) Date contractor was paid.
(ix) Numerical award fee score.
Center Procurement Offices shall monitor the information entered into Award Fee Evaluation
System (AFES) for accuracy and completeness. The review should be conducted at least twice a
year with the results included in the annual Center Self-Assessment.
(e) Center Procurement Offices shall conduct an evaluation of the Center’s compliance
with the reporting requirements in NFS 1842.1502(a). The evaluation shall include compliance
with timeliness and the quality of the performance evaluations and shall be conducted at least
twice a year. The results of these evaluations shall be included in the annual Center SelfAssessment.
Subpart 1842.70—Additional NASA Contract Clauses
1842.7001 Denied Access to NASA Facilities.
The contracting officer shall insert the clause at 1852.242-72, Denied Access to NASA Facilities,
in solicitations and contracts where contractor personnel will be working onsite at a NASA facility
such as: NASA Headquarters and NASA Centers; including Component Facilities and Technical
and Service Support Centers. For a list of NASA facilities see NPD 1000.3 “The NASA
Organization”. The contracting officer shall not insert the clause where contractor personnel will
be working onsite at the Jet Propulsion Laboratory including the Deep Space Network
Communication Facilities (Goldstone, CA; Canberra, Australia; and Madrid, Spain).
1842.7002 Travel outside of the United States.
The contracting officer shall insert the clause at 1852.242-71, Travel Outside of the United States,
in cost-reimbursement solicitations and contracts where a contractor may travel outside of the
United States and it is appropriate to require Government approval of the travel.
1842.7003 Emergency medical services and evacuation.
The contracting officer must insert the clause at 1852.242-78, Emergency Medical Services and
Evacuation, in all solicitations and contracts when employees of the contractor are required to
travel outside the United States or to remote locations in the United States.
Subpart 1842.71—Reserved
Subpart 1842.72—NASA Contractor Financial Management Reporting
1842.7201 General.
(a) Contracting officer responsibilities.
(1) Contracting officers must ensure contracts require cost reporting consistent
with both policy requirements and project needs. Contracting Officers shall monitor contractor
cost reports on a regular basis to ensure cost data reported is accurate and timely. Adverse trends
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or discrepancies discovered in cost reports should be pursued through discussions with financial
and project team members.
(2) Whenever cost performance threatens contract performance, contracting
officers shall require corrective action plans from the contractors.
(3) The contracting officer shall document the review of the contractor’s cost
reports using the NASA Form (NF) 533 Monthly Supplemental Analysis template or a Center
developed tool that includes the same analysis required by the agency-wide template.
(b) Reporting requirements.
(1) Use of the NASA Contractor Financial Management Reports, the NASA Form
533 series, is required on cost-type, price redetermination, and fixed-price incentive contracts when
the following dollar, period of performance, and scope criteria are met:
Contract value/scope
$500K to $999K
$1,000,000 and over
$1,000,000 and over
Period of Performance 533M
1 year or more
Required
Less than 1 year
Required
1 year or more
Required
533Q
Optional
Optional
Required
(2) When it is probable that a contract will ultimately meet the criteria in paragraph
(b)(1) of this section through change orders, supplemental agreements, etc., the reporting
requirement must be implemented in the contract based on the estimated final contract value at the
time of award.
(3) NASA Form 533Q reporting may be waived by the contracting officer, with the
concurrence of the center chief financial officer and cognizant project manager, for support service
or task order contracts, when NF 533M reports and other data are sufficient to ensure accurate
monthly cost accruals, evaluation of the contractor’s cost performance, and forecasting of resource
requirements.
(4) Where a specific contractual requirement differs from the standard system set
forth in NPR 9501.2, NASA Contractor Financial Management Reporting, but is determined to be
in the best interests of the Government and does not eliminate any of the data elements required by
the standard NF 533 formats, it may be approved by the contracting officer with the concurrence of
the center chief financial officer and the project manager. Such approval shall be documented and
retained, with the supporting rationale, in the contract file.
(5) The contractor's internal automated printout reports may be substituted for the
533 reporting formats only if the substitute reports contain all the data elements that would be
provided by the corresponding 533's. The contracting officer shall coordinate any proposed
substitute with the installation financial management office.
(c) Contract requirements.
(1) Reporting requirements, including a description of reporting categories, shall be
detailed in the procurement request, and reports shall be required by inclusion of the clause
prescribed in 1842.7202. The contract schedule shall include report addressees and numbers of
copies. The final agreed upon reporting categories shall be approved by the Center Chief Financial
Officer or designee to ensure that data required for agency cost accounting will be provided by the
reports. Reporting dates shall be in accordance with NPR 9501.2, except that earlier submission is
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encouraged whenever feasible. No due date shall be permitted which is later than the date by
which the center financial management office needs the data to enter an accurate monthly cost
accrual in the accounting system.
(2) The development of the cost reporting structure must be a collaborative effort
by government personnel to include, as appropriate: technical, program management, procurement,
financial, and resources personnel who will have a role in monitoring contractor performance,
contract administration, or otherwise use the reporting data. The reporting structure, i.e., the
specific reporting categories shall be included in the solicitation to inform prospective contractors
of the reporting requirements. The final reporting structure will be finalized and agreed to by the
government and the contractor.
(3) The contractor shall be required to submit an initial report in the NF 533Q
format, time phased for the expected life of the contract, within 30 days after authorization to
proceed has been granted. NF 533M reporting will begin no later than 30 days after incurrence of
cost. NF 533Q reporting begins with the initial report.
1842.7202 Contract clause.
The contracting officer shall insert the clause at 1852.242-73, NASA Contractor Financial
Management Reporting, in solicitations and contracts when any of the NASA Form 533 series of
reports is required from the contractor.
Subpart 1842.73—Audit Tracking and Resolution
1842.7301 NASA reportable contract audit follow-up process.
(a) As used in this subpart, the Reportable Audit Representative is the Center’s designee
for tracking the resolution and disposition of reportable audit reports.
(b) This section implements OMB Circular No. A-50 and NASA Policy Directive (NPD)
9910.1, “Government Accountability Office/NASA Office of Inspector General Audit Liaison,
Resolution, and Follow-up.”
(c) NASA’s Audit and Assurance Information Reporting System (AAIRS) tracks all
reportable contract audit reports where NASA has resolution and disposition authority. The
objective of the tracking system is to ensure that reportable contract audit report
recommendations are resolved within six months after receipt of the audit report.
(d)(1) The Reportable Audit Representative shall enter into AAIRS all reportable
contract audit reports as defined by Chapter 15, Section 6, of the DCAA Contract Audit Manual
(CAM) where NASA has resolution and disposition responsibility. Until all audit
recommendations are resolved and dispositioned, the information shall be updated at least
quarterly. DCAA will provide to the NASA Headquarters Office of Procurement, Procurement
Management & Policy Division, a listing of reportable audit reports requiring resolution and
disposition.
(2) The resolution and disposition of DCAA reportable contract audit reports,
where NASA has resolution and disposition authority, are handled as follows:
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(i) Audit recommendations pertaining to an individual NASA contract are
the responsibility of the NASA contracting officer for that contract.
(ii) Audit recommendations impacting more than one NASA contract are
the responsibility of the NASA contracting officer providing the preponderance of funding to the
particular contractor for the contractor fiscal year covered by the audit report (lead contracting
officer). The lead contracting officer from the Center with the preponderance of funding serves
as lead and should furnish a copy of the reportable contract audit report to all NASA contracting
officers with contracts impacted by the audit report. Those contracting officers should be
provided the opportunity to participate in the negotiations or provide input into the negotiation
strategy for resolving and dispositioning the audit recommendations.
(e) Reportable contract audit reports issued to DCMA in cases where contract
administration has been delegated to DCMA are not required to be entered into AAIRS since
DCMA is required to track and maintain these audit reports. NASA contracting officers shall
communicate with the DCMA Administrative Contracting Officer (ACO), who has the authority
to perform reportable contract audit resolution and disposition activities on these NASA
contracts. This dialogue will be conducted at least semiannually regarding the status relative to
the ACO’s audit resolution and disposition activities documented in the contract file. During this
dialogue, NASA contracting officers should also obtain projected reportable contract audit
resolution and disposition dates in order to address any issues in a timely manner and ensure the
timely close out of cost-type contracts.
1842.7302 Reportable audit disposition documentation.
For each DCAA reportable contract audit report where NASA has resolution and disposition
authority, the NASA contracting officer shall submit disposition documentation (e.g. price
negotiation memorandum) to the DCAA office that provided the audit report with a copy provided
to the Center-designated Reportable Audit Representative.
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Part 1843—Contract Modifications
PART 1843
CONTRACT MODIFICATIONS
TABLE OF CONTENTS
SUBPART
1843.205
1843.205-70
1843.2
CHANGE ORDERS
Contract clauses.
NASA contract clauses.
SUBPART
1843.7001
1843.7002
1843.7003
1843.7004
1843.7005
1843.70
UNDEFINITIZED CONTRACT ACTIONS
Definitions.
Policy.
Procedures.
Exceptions.
Definitization.
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PART 1843
CONTRACT MODIFICATIONS
Subpart 1843.2—Change Orders
1843.205 Contract clauses.
As authorized in the prefaces of clauses FAR 52.243-1, Changes- Fixed Price; FAR 52.243-2,
Changes–Cost Reimbursement; and FAR 52.243-4, Changes, and in the prescription at 43.205(c)
for FAR 52.243-3, Changes–Time-and-Material or Labor-Hours, the period within which a
contractor must assert its right to an equitable adjustment may be varied not to exceed 60 calendar
days.
1843.205-70 NASA contract clauses.
The contracting officer may insert a clause substantially as stated at 1852.243-72, Equitable
Adjustments, in solicitations and contracts for—
(1) Dismantling, demolishing, or removing improvements; or
(2) Construction, when the contract amount is expected to exceed the simplified
acquisition threshold and a fixed-price contract is contemplated.
Subpart 1843.70—Undefinitized Contract Actions
1843.7001 Definitions.
"Undefinitized contract action (UCA)" means a unilateral or bilateral contract modification, or a
delivery/task order in which the final price or estimated cost and fee have not been negotiated and
mutually agreed to by NASA and the contractor. For purposes of tracking definitization schedules
of UCAs, letter contracts are considered to be UCAs and will be tracked as such by the
Headquarters Office of Procurement, Procurement Strategic Operations Division. Otherwise, the
specific requirements, policies, and procedures for letter contracts are in FAR 16.603 and NFS
1816.603.
1843.7002 Policy.
(a) The contracting officer may issue undefinitized contract actions only on an exception
basis, and must ensure that NASA liabilities and commitments are minimized. When an
undefinitized contract action is justified and program requirements can be severed into smaller,
discrete efforts, the contracting officer shall limit work authorized by the undefinitized contract
action to the minimum severable effort required to satisfy the urgent program requirements. The
contracting officer must acquire any remaining requirements through a separate, fully priced and
definitized contract action.
(b) The contracting officer shall document the contract file for each UCA to justify
issuance and include a Government estimate for the changed requirements. The contracting officer
shall use the Justification and Approval of Undefinitized Contract Actions (UCAs) and Letter
Contracts template to document the file for all UCA actions.
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[PN 18-10]
1843.7003 Procedures.
(a)(1) Undefinitized contract actions shall be approved in writing by the head of the
contracting activity (see NFS definition of “head of the contract activity” at NFS 1802.101.
(2) In emergency situations, approval may be given orally and subsequently
confirmed in writing.
(3) The approval authorities in paragraphs (a)(1) of this section are not delegable.
(b)(1) The contracting officer shall issue undefinitized contract actions above the
simplified acquisition threshold as bilateral agreements setting forth a ceiling or "not to exceed"
(NTE) price for the changed contractual requirements. For fixed price contracts the negotiated
price for the changed contract requirements shall not exceed the established ceiling price. In the
case of cost type contracts any costs eventually negotiated for the changed requirements in excess
of the NTE shall be non-fee bearing. The contracting officer shall identify the ceiling price or NTE
estimated cost in the undefinitized contract action separately from the pricing structure of the
basic contract.
(2) The head of the contracting activity may waive the ceiling NTE price and
bilateral agreement requirements prior to UCA issuance on the basis of urgency. This waiver
authority is not delegable. The contracting officer shall document this waiver in the contract file.
(c) The contracting officer shall clearly define the changed contractual requirements in the
UCA and shall limit the requirements to the minimum effort required to satisfy urgent program
requirements while a cost proposal is prepared, analyzed, and negotiated.
(d) For undefinitized contract actions with a Government estimate greater than $1,000,000,
and not excepted under subpart 1843.7004, the contracting officer shall obtain a 180 day funding
profile from the contractor prior to execution of the undefinitized contract action.
(e) For undefinitized contract actions with a Government estimated cost or price greater
than $1,000,000, the contracting officer shall include a requirement that the change be separately
accounted for by the contractor to the degree necessary to provide the contracting officer visibility
into actual costs incurred pending definitization. The contracting officer may waive this
requirement for individual actions, if the contracting officer determines that such accounting
procedures would not be cost effective. Any such waiver shall not affect existing NASA Form 533
or other financial reporting requirements set forth in the contract.
[PN 18-10]
1843.7004 Exceptions.
(a) Exceptions to the requirement for head of the contracting activity approval of
undefinitized contract actions are—
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funding; or
(1) Modifications to facilities contracts;
(2) Modifications to construction contracts using Construction of Facilities
(3) Modifications to decrease the contract value.
(b) For any of the modifications in paragraph (a) of this section, the contracting officer
shall cite the exception and include complete supporting rationale for its applicability in the
contract file.
1843.7005 Definitization.
(a) The contracting officer should ensure undefinitized contract actions are sufficiently
complete and detailed as to enable the contractor to begin immediate preparation of a cost proposal
for the changed requirement. The NASA goal is to definitize UCAs within 180 days from date of
issuance.
(b) The contracting officer shall document definitization negotiations in the contract file, clearly
showing how the definitized price was determined and specifically documenting any variance
between the original NTE price and the final definitized price.
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Part 1844—Subcontracting Policies and Procedures
PART 1844
SUBCONTRACTING POLICIES AND PROCEDURES
(Revised February 17, 2016)
TABLE OF CONTENTS
SUBPART
1844.202
1844.202-1
1844.204
1844.204-70
1844.2
CONSENT TO SUBCONTRACTS
Contracting officer’s evaluation.
Responsibilities.
Contract clauses.
NASA contract clause.
SUBPART
1844.302
1844.302-70
1844.302-71
1844.304
1844.304-70
1844.305
1844.305-70
1844.3
CONTRACTORS' PURCHASING SYSTEMS REVIEWS
Requirements.
DCMA-conducted contractor purchasing system reviews.
NASA-conducted contractor purchasing systems reviews.
Surveillance.
Contracting officer surveillance.
Granting, withholding, or withdrawing approval.
Review of CPSR reports.
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PART 1844
SUBCONTRACTING POLICIES AND PROCEDURES
Subpart 1844.2—Consent to Subcontracts
1844.202 Contracting officer’s evaluation.
1844.202-1 Responsibilities.
(a) NASA contracting officers shall retain consent to subcontract authority unless
delegation is approved in writing by the procurement officer.
(b) Contracting officers shall document subcontract consent reviews using the Subcontract
Consent Review template.
1844.204 Contract clauses.
1844.204-70 NASA contract clause.
The contracting officer shall insert the clause at 1852.244-70, Geographic Participation in the
Aerospace Program, in all research and development solicitations and contracts of $500,000 or
over that will be performed within the United States.
Subpart 1844.3—Contractors' Purchasing Systems Reviews
1844.302 Requirements.
1844.302-70 DCMA-conducted contractor purchasing system reviews.
For contracts within their cognizance, NASA contracting officers shall be aware of purchasing
system approval status and should become actively involved with the Defense Contract
Management Agency (DCMA) in the Contractor Purchasing System Review (CPSR) process.
DCMA has a CPSR Guidebook that is a helpful resource for the CPSR process. Involvement
should include the following:
(a) Verifying that CPSRs are being conducted in accordance with FAR 44.302.
(b) Ensuring that purchasing system review specifically includes the business unit
performing the NASA contract.
(c) Actively participating as a team member, or arranging NASA representation, on
DCMA CPSRs to review areas of NASA-specific interest. At a minimum, such participation or
representation shall be arranged when the DCMA CPSR review involves—
(1) Contractors with major NASA programs;
(2) Contractors' business units where the total dollar value of NASA contracts is
substantial; or
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(3) Any contractor system where the contracting officer has special concerns.
(d) Ensuring that the selected CPSR sample to be reviewed reflects the level of NASA
business in the contractor's purchasing organization.
(e) Providing to the cognizant DCMA CPSR team leader any areas of special emphasis
regarding the contractor's purchasing system to ensure that the review is tailored to address any
NASA concerns.
1844.302-71 NASA-conducted contractor purchasing system reviews.
If a NASA activity is the cognizant contract administration office, or after coordination with the
cognizant DCMA CPSR office it is determined that a CPSR is required, but cannot be
accomplished by DCMA, then a CPSR should be conducted by NASA personnel. The NASA
CPSR team leader may vary the scope of review depending on the contractor and contracts
involved and shall maintain close coordination with the cognizant ACO during CPSRs at
contractors under DOD cognizance.
1844.304 Surveillance.
1844.304-70 Contracting officer surveillance.
(a) In the period between complete CPSRs, NASA contracting officers shall maintain a
sufficient level of surveillance to ensure contractor purchasing efforts in support of NASA
contracts are accomplished in an appropriate manner and protect the interests of the Agency.
(b) Surveillance shall be accomplished primarily through performance of subcontract
consent reviews. Other methods of surveillance, including periodic reviews of contractor
purchasing records, may also be conducted. Contracting officers shall document the results of
subcontract consent reviews and periodic reviews, maintaining a record of contractor subcontract
or purchase order award performance on NASA contracts. Contractor performance shall be
summarized on an annual basis and provided to the ACO cognizant of the contractor's
purchasing system. Annual reports should summarize the number of consent reviews and other
reviews conducted during the year by NASA representatives, and summarize the types and
quantity of deficiencies identified during reviews, the need for special reviews, and
recommended areas of emphasis during future CPSRs.
1844.305 Granting, withholding, or withdrawing approval.
1844.305-70 Review of CPSR reports.
ACO actions related to purchasing system approval have a potential impact on NASA
contracting officer consent requirements. Accordingly, NASA contracting officers shall review
system deficiencies documented in CPSR reports and when results of consent reviews and other
sources conflict with CPSR or DOD surveillance conclusions, formally communicate such
concerns to the ACO having cognizance of purchasing system approval. Significant issues or
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significant conflicts with DOD CPSR results should be formally referred to the Headquarters
Office of Procurement, Procurement Strategic Operations Division.
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Part 1845—Government Property
PART 1845
GOVERNMENT PROPERTY
TABLE OF CONTENTS
SUBPART 1845.1
1845.102
1845.102-70
1845.102-71
1845.103-70
1845.104
1845.106
1845.107
1845.107–70
GENERAL
Policy.
NASA policy.
Solicitation and review procedures.
General.
Responsibility and liability for Government property.
Transferring accountability.
Contract clauses.
NASA solicitation provisions and contract clauses.
SUBPART
1845.201
1845.201-70
1845.201-71
1845.202
1845.202-70
1845.2
SOLICITATION AND EVALUATION PROCEDURES
Solicitation.
NASA solicitation preparation procedures.
Plant reconversion and plant clearance.
Evaluation procedures.
NASA evaluation procedures.
SUBPART
1845.3
AUTHORIZING THE USE AND RENTAL OF
GOVERNMENT PROPERTY
Use and rental.
Use of property on other Government contracts.
Use of Government property for commercial work.
Use of Government property on contracts with foreign
governments or international organizations.
Use of Government property on independent research and
development programs.
SUBPART
1845.4
RESERVED
SUBPART
1845.5
SUPPORT GOVERNMENT PROPERTY
ADMINISTRATION
General.
Delegations of property administration and plant clearance.
Retention of property administration and plant clearance.
Responsibilities of the Industrial Property Officer.
Responsibilities of the Property Administrator.
Responsibilities of the Plant Clearance Officer.
1845.301
1845.301-70
1845.301–71
1845.302
1845.303
1845.501-70
1845.503-70
1845.503-71
1845.504-70
1845.505-70
1845.506–70
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Part 1845—Government Property
SUBPART
1845.602-1
1845.602-3
1845.603
1845.6
REPORTING, REUTILIZATION, AND DISPOSAL
Inventory disposal schedules.
Screening.
Abandonment, destruction or donation of excess personal
property.
Restrictions on purchase or retention of contractor inventory.
Proceeds of sale.
Inventory disposal reports.
Disposal of scraps.
Submission.
Contractor's approved scrap procedure.
Recovering precious metals.
Contractor’s approved scrap procedures.
Recovering precious metals.
Sale of surplus contractor inventory.
Contractor inventory in foreign countries.
SUBPART
1845.70
RESERVED
SUBPART
1845.7101
1845.7101-1
1845.7101-2
1845.7101-3
1845.7101-4
1845.7101-5
1845.71
FORMS PREPARATION
Instructions for preparing NASA Form 1018.
Property classification.
Transfers of property.
Unit acquisition costs.
Types of deletions from contractor property records.
Contractor’s privileged financial and business information.
1845.604
1845.604-4
1845.604-70
1845.606
1845.606-1
1845.606-70
1845.606-71
1845.607-170
1845.607-2
1845.610
1845.610-4
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Part 1845—Government Property
PART 1845
GOVERNMENT PROPERTY
Subpart 1845.1—General
1845.102 Policy.
1845.102-70 NASA policy.
(a) In addition to the criteria cited in FAR 45.102 which must be demonstrated before
providing property to contractors, contracting officers shall carefully consider the following factors
when deciding if it is in the Government’s best interest to provide Government property for the
performance of a contract. Providing Government property—
(1) Increases the Government’s administrative burden and requires recordkeeping
and personnel;
(2) May dilute the contractor’s overall responsibility and weaken guarantees, enditem delivery requirements, and other contract terms;
(3) May make NASA responsible for delays in that the Agency assumes
responsibility for scheduling delivery of the property and the operability of the property;
(4) Carries its own inherent risk that the property may be lost, damaged, destroyed
or misused, resulting in a loss of funds that could otherwise be used to support NASA’s mission;
(5) When commercially available, may confer a competitive advantage to
contractors who have not taken on the same investment risk as their competitors. Contractors who
plan for the Government’s provision of commercially available equipment are passing those
investment risks to the Government; and
(6) May be counterproductive to socio-economic programs which encourage small
businesses to develop through capital investment.
(b) The contracting officer shall obtain the approval of the Center Real Property
Accountable Officer prior to negotiating, or entering into any real property leaseholds, permits,
licenses or disposition actions. The contracting officer shall advise the Center Real Property
Accountable Officer when the place of performance is on a NASA center or facility and the
contractor will be offered space and utilities under NFS 1852.245-77.
1845.102-71 Solicitation and review procedures.
(a) Each solicitation, as applicable, shall include the following:
(1) A list of any Government property available to be furnished, quantities,
locations, conditions, and any related information.
(2) A requirement that offerors identify any Government property in their
possession proposed for use during contract performance. The items, quantities, locations,
acquisition costs, and proposed rental terms must be provided, along with identification of the
Government contract under which the property is accountable.
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(3) A requirement that requested Government provided facilities be described and
identified by the classifications in 1845.7101-1.
(4) A requirement that offerors provide, if applicable, the date of the last
Government property control system review, a summary of the findings and recommendations, and
contractor corrective actions taken.
(b) The contracting officer shall follow the procedures at NFS 1845.201-70 for center
Industrial Property Officer (IPO) review.
[PN 20-10]
1845.103-70 General.
(a) Contracting officers are responsible for overall management of their contracts, including
the management of Government property provided to contractors under NASA Contracts.
(b) Contracting officers shall fully document decisions to provide property, including
authorization for contractors to purchase property as a direct cost to the Contract. This
documentation shall clearly demonstrate that the provision of property is in the Government’s best
interests in accordance with FAR 45.102.
(c) Contracting officers shall review the contractor’s requests for provision of Government
property under the clause at 1852.245-70 to determine whether authorizing the provision of
Government property is an appropriate business decision according to the policy at 1845.102-70(a).
(d) Contracting officers may solicit the opinion of the technical officer regarding the
technical need for the property. However, technical need, in and of itself, is not sufficient reason for
providing Government property. If the property is required to satisfy technical needs, it is still
assumed to be in the Government’s best interest to require the contractor to use contractor-owned
property for contract performance.
(e) Contracting officers shall assure that all changes to contract property involving the
provision of additional Government-furnished property or reduction of existing property are noted
in the contract by insertion or modification of the clause at 1852.245-76, and are recorded or
reported for recording in the appropriate NASA property management information records.
(f) Contracting officers shall document the file on the determination to provide Government
property and shall forward copies of any approved requests to —
(1) The Center Deputy Chief Financial Officer (DCFO) when an item of property
or, in the case of a contract for construction, the total value of property being constructed by the
contractor is expected to result in the acquisition or construction cost exceeding the NASA
capitalization threshold of $500,000; and,
(2) The NASA Center IPO, when the contractor is not authorized to conduct its own
screening of available inventory.
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(g) IPOs shall coordinate screening with center reutilization personnel to determine the
availability of existing Government inventory and excess.
(1) The IPO shall notify the contracting officer of the availability of property as
soon as possible after receipt of the approved request from the contracting officer.
(2) The IPO shall assist the contracting officer in the coordination of the transfer
and oversee property documentation of the transfer of existing Government property to the
contractor.
1845.104 Responsibility and liability for Government property.
(b) When the Property Administrator, with the concurrence of the Industrial Property
Officer (IPO), determines and reports that the contractor’s property management practices are
inadequate and/or present an undue risk to the Government, contracting officers shall revoke the
Government’s assumption of risk or take other action to mitigate the risk of loss, damage,
destruction, or theft of Government property.
1845.106 Transferring Accountability.
shall—
(a) When furnishing existing Government property to the contractor, contracting officers
(1) Insert NFS clause 1852.245-76, List of Government Property Furnished
Pursuant to FAR 52.245-1, if not already included in the contract; and
(2) Modify the list in 1852.245-76 to include any property furnished after award.
(b) In addition to modification of the list, transfers of property shall be recorded on a
“shipping” or “transfer” document such as the DD Form 1149 “Requisition and Invoice/Shipping
Document.”
(1) Centers may use equivalent documents that contain the same information.
(2) This requirement includes physically transferred property and property
transferred in place.
(3) Contracting officer technical representatives are responsible for creation of
shipping documents, based on the contractor’s requests and contracting officer’s approval, and are
considered “shippers” for this purpose.
(4) Shippers will segregate items valued over $500,000 and request the transfer of
these items on separate documents.
(5) The transfer documents must be complete and must include the following
information for all items with a value greater than $5,000:
(i) Description of Property.
(ii) Property Identification Number.
(iii) Value.
(iv) Capital Value (if applicable).
(v) Property Classification.
(vi) Federal Supply Classification.
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movement.
(vii) Gaining Contract.
(viii) Acquisition Date.
(6) Contracting officers must approve all shipping documents prior to property
(c) In addition to the requirements in paragraphs (a) and (b), when property valued at
$500,000 or more is received and accepted by NASA or NASA’s representative within the
contractor’s facilities, and that property is to remain in the contractor’s custody for further work or
to be otherwise used in the performance of the contract, the property must be added to the
appropriate NASA property system in accordance with NPR 4200.1, NASA Equipment
Management Procedural Requirements and NPR 4200.2, Equipment Management Manual for
Property Custodians.
1845.107 Contract clauses.
1845.107–70 NASA solicitation provisions and contract clauses.
(a)(1) The contracting officer shall insert the clause at 1852.245–70, Contractor Requests
for Government-furnished Property, in cost reimbursement solicitations and contracts.
(2) Use the clause with its Alternate I when the center Supply and Equipment
Management Officer (SEMO) consents to permit the contractor to screen Government inventory
for available property in lieu of contractor acquisition of new items.
(b)(1) The contracting officer shall insert the clause at 1852.245–71, Installation—
Accountable Government Property, in solicitations and contracts when Government property is
to be made available to a contractor working on a NASA installation, and the Government will
maintain accountability for the property. The contracting officer shall list in the clause the
applicable property user responsibilities. For purposes of this clause, NASA installations include
local off-site buildings owned or leased by NASA.
(2) Use of this clause is subject to the SEMO’s concurrence that adequate
Government property management resources are available for oversight of the property in
accordance with all applicable NASA installation property management directives.
(3) The contracting officer shall identify, in the contract, the nature, quantity, and
acquisition cost of the property and make it available on a no charge basis.
(4) The contracting officer shall use the clause with its Alternate I if the SEMO
requests that the contractor be restricted from use of the center central receiving facility for the
purposes of receiving contractor-acquired property.
(5) For contractors with both onsite and offsite performance requirements,
contracting officers shall list Government property provided for offsite use separately in the
contract. This Government property is furnished under FAR 52.245–1, Government Property,
and remains accountable to the contractor during its use on the contract. This Government
property is not subject to the clause at 1852.245–71, Installation—Accountable Government
Property. The contracting officer shall address any specific maintenance considerations (e.g.,
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requiring or precluding use of an installation calibration or repair facility) elsewhere in the
contract.
(c) The contracting officer shall insert the clause at 1852.245–72, Liability for
Government Property Furnished for Repair or Other Services, in fixed-price, time-and-material,
and labor-hour solicitations and contracts (except for experimental, developmental, or research
work with educational or nonprofit institutions, where no profit is contemplated) for repair,
modification, rehabilitation, or other servicing of Government property, if such property is to be
furnished to a contractor for that purpose and no other Government property is to be furnished.
The contracting officer shall not require additional insurance under the clause unless the
circumstances clearly indicate advantages to the Government.
(d) The contracting officer shall insert the clause at 1852.245–73, Financial Reporting of
NASA Property in the Custody of Contractors, in cost reimbursement solicitations and contracts
and in all contracts in which the contractor has custody of NASA owned-property with a value of
$10 million or more, unless all property to be provided is subject to the clause at 1852.245–71,
Installation-Accountable Government Property. Insert the clause 1852.245-73 in other types of
solicitations and contracts when it is known at award that property will be provided to the
contractor or that the contractor will acquire property title to which will vest in the Government
prior to delivery.
(e) The contracting officer shall insert the clause at 1852.245–74, Identification and
Marking of Government Equipment, in solicitations and contracts that—
(1) Include the clause at FAR 52.245–1; or
(2) Require the delivery of supplies.
(f) The contracting officer shall insert the clause at 1852.245–75, Property Management
Changes, in solicitations and contracts that provide for progress payments or include any of the
property clauses prescribed in FAR Part 45.
(g) The contracting officer shall insert the clause at 1852.245–76, List of Government
Property Furnished Pursuant, to FAR 52.245–1, in solicitations and contracts when the
contractor is to be accountable under the contract for Government property.
(h) The contracting officer shall insert the clause at 1852.245–77, List of Government
Property Furnished Pursuant, to FAR 52.245–2, in solicitations and contracts containing the
clause at FAR 52.245–2, Government Property Installation Operation Services. In addition, the
contracting officer shall insert the following language in the blanks in paragraph (e) of the clause
at FAR 52.245–2: ‘‘The Government property provided under this clause is identified in clause
1852.245–77 of this contract.’’
(i) The contracting officer shall insert the clause at 1852.245–78, Physical Inventory of
Capital Personal Property, in cost reimbursement and fixed-price solicitations and contracts that
provide Government property.
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(j) The contracting officer shall insert the clause at 1852.245–79, Records and
Disposition Reports for Government Property with Potential Historic or Significant Real Value,
in solicitations and contracts when, after consultation with the center Historic Preservation
Officer, it is determined that the items acquired for or produced by the contract are likely to have
historic significance or increased value due to their use in support of NASA projects and
programs.
(k)(1) The contracting officer shall insert the provision at 1852.245–80, Government
Property Management Information, in solicitations when it is known, or there is a reasonable
chance, that Government property will be provided to the contractor for contract performance.
(2) The contracting officer shall use the provision with Alternate 1 when there are
sufficient time and resources to allow prospective contractors the opportunity to inspect the
property.
(l) The contracting officer shall insert the provision at 1852.245–81, List of Available
Government Property, in solicitations when Government property will be made available for
contract performance.
(m) The contracting officer shall insert the clause at 1852.245–82, Occupancy
Management Requirements, in solicitations and contracts that require performance on, or in, any
NASA Center, Installation, facility or other NASA real property.
(n) The contracting officer shall insert the clause at 1852.245–83 Real Property
Management Requirements, in solicitations and contracts for acquisition, construction,
modification (including when the modification is a consequence of another approved task, e.g.,
installation of telephonic or local area network equipment), demolition, or management of real
property.
Subpart 1845.2—Solicitation and Evaluation Procedures
1845.201 Solicitation.
1845.201-70 NASA solicitation preparation procedures.
(a) The contracting officer shall provide a copy of the solicitation (or contract if no
solicitation is used) to the center Industrial Property Officer (IPO) for review when—
(1) The value of the acquisition exceeds the simplified acquisition threshold and the
work is to be performed within the physical confines of the center;
(2) Existing Government property may be furnished; or
(3) Contractors may acquire property that will be titled to the Government under the
provisions of FAR 52.245-1, Government Property.
(b) IPOs shall review the solicitation to—
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(1) Ensure the correct application of property clauses based on the contract type,
situation, and product or services ordered;
(2) Ascertain the contract’s possible impact on center property or logistics
operations and advise the center’s Supply and Equipment Management Officer of those possible
impacts; and
(3) Assure that appropriate property transactions for existing Government property,
from internal sources and prior contracts, have been properly reported to NASA property and
financial systems.
(c)(1) Items of Government property used to support NASA programs often become
historically significant. In addition, property used by NASA programs often has value that exceeds
other property with identical material or physical characteristics. This is particularly true for
property that has flown in space. Descriptions of physical characteristics and condition are
insufficient to determine an item’s historic significance or real value. NASA Center Exhibit
Managers are responsible for determining whether property meets the criteria for designation as
historically significant. It is essential that items of historic significance are retained for the benefit
of current and future generations. NASA must also obtain maximum value for property offered for
sale.
(2) The contracting officer shall contact the Center Exhibit Manager to determine
whether the items acquired for or produced by the contract are likely to have historic significance or
increased value due to their use in support of NASA projects and programs.
(3) Center Exhibit Manager shall advise the contracting officer when they believe
that property produced or acquired for the Government under the contract may have increased
historic significance or increased value due to its use in support of NASA activities or programs.
[PN 20-10]
1845.201-71 Plant reconversion and plant clearance.
The Senior Procurement Executive is the approval authority for any solicitation provision or
contract clause that would defer negotiation of costs for plant reconversion or plant clearance until
after award.
1845.202 Evaluation procedures.
1845.202-70 NASA evaluation procedures.
(a) The contracting officer shall request Industrial Property Officer (IPO) or Property
Administrator (PA) assistance in evaluations of the offeror’s proposed systems, standards and
practices for the management of Government property.
(b) The contracting officer shall provide the offeror’s proposed property management
standards and practices to the IPO for review and evaluation prior to award.
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(c) IPOs shall review proposals to determine whether or not the offeror’s proposed industry
leading standards and practices and/or voluntary consensus standards are sufficient to manage
property, from planning through disposition, under the circumstances of the contract.
(1) If the IPO is unfamiliar with the offeror, the circumstances of the contract or the
performance situation, the IPO may request the assistance of the cognizant PA for evaluation of the
standards, practices, situation and history of property management performance at the offeror’s
place of performance.
(2) The IPO shall provide a written evaluation, listing any proposed changes or
improvements, to the contracting officer prior to award.
(d) The contracting officer shall require changes or improvements to the offeror’s property
management practices, standards, or processes as recommended by the IPO. The contracting officer
shall advise the offeror that its property management practices, standards, and processes will not be
considered adequate for the protection, preservation, and management of Government property, and
that the Government will not accept risk under the property clause until the recommended changes
or improvements are made.
(e) When an offeror’s proposal requests the Government to provide commercially available
equipment, and the commercially available equipment is not required as an end item deliverable or
part thereof, the contracting officer should assure the integrity of the competitive process by —
(1) Adjusting the offeror’s proposal to compensate for the value of the Governmentprovided, commercially available equipment; or
(2) Charging appropriate rent in accordance with the clause at FAR 52.245-9, Use
and Charges. As the purpose for rent is to obtain just consideration for the Government’s
assumption of risk and cost, rent for commercially available equipment provided after award may
not be treated as an allowable direct cost under the contract.
Subpart 1845.3—Authorizing the Use and Rental of Government Property
1845.301 Use and rental.
1845.301-70 Use of property on other Government contracts.
(a) NASA contracting officers having cognizance over NASA property may authorize its
rent-free use on other NASA contracts and contracts of other agencies if such use will not interfere
with NASA’s primary purpose for the property and will not extend beyond the expected expiration
or completion date of the NASA contract.
(b) Contracting officers shall obtain the concurrence of the gaining contracting officer when
they intend to authorize the rent free use of Government property for performance under the gaining
contracting officer’s cognizance.
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1845.301–71 Use of Government property for commercial work.
(a) The coverage at FAR 45.3 applies to a contractor’s commercial (any nonGovernment) use of any NASA equipment.
(b)(1) The percentage of Government and non-Government use shall be computed on the
basis of time available for use. For this purpose, the contractor’s normal work schedule, as
represented by scheduled production shift hours, shall be used. All equipment having a unit
acquisition cost of less than $500,000 at any single location may be averaged over a quarterly
period. Equipment having a unit acquisition cost of $500,000 or more shall be considered on an
item-by-item basis.
(2) Approvals for non-Government use, may not exceed 50 percent of total use and
may not extend beyond the contract period of performance. Use or rental of Government property
must incur charges for all portions that are used for nongovernment commercial purposes.
(3) Requests for the approval shall be submitted to the head of the contracting
activity at least 6 weeks in advance of the projected use and shall include—
(i) The number of equipment items involved and their total acquisition cost;
and
(ii) An itemized listing of equipment having an acquisition cost of $500,000
or more, showing for each item the nomenclature, year of manufacture, and acquisition cost.
[PN 20-11]
1845.302 Use of Government property on contracts with foreign governments or
international organizations.
(a) NASA contracting officers will recover a fair share of the cost of Government
property if such property is used in performing services or manufacturing articles for foreign
countries or for international organizations.
(b) Contracting officers shall obtain written authorization from the Senior Procurement
Executive and concurrence from the Manager of Contract Property Programs, Logistics Division,
Office of Strategic Infrastructure; the Office of the General Counsel (Headquarters); and the
Headquarters Office of External Relations before allowing the use of Government production and
research property on work for foreign countries or for international organizations.
(c) Contracting officers shall forward requests, along with a summary of the circumstances
involved, including as a minimum—
(1) The name of the requesting contractor;
(2) The number of the contract under which the property is controlled;
(3) A description of the property;
(4) The name of the foreign contractor and the relationship of the foreign contractor
to its government or to any international organization;
(5) A description of the articles to be manufactured or services to be performed;
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(6) A statement that the intended use will not interfere with the current or
foreseeable requirements of the United States or require use of the property beyond the expected
expiration or completion date of the NASA contract;
(7) A statement that the use of Government property is consistent with the best
interests of the United States;
(8) A statement that such use is legally authorized; and
(9) Any evidence of endorsement by another agency of the U.S. Government based
on national security or foreign policy of the United States (e.g., an approved license or agreement
from the Department of State or Department of Commerce).
(d) Use, if approved, shall be subject to rent in accordance with FAR 45.3.
1845.303 Use of Government property on independent research and development programs.
(a) The contracting officer shall not authorize contractor use of Government property for
independent research and development on a rent-free basis except in unusual circumstances and
after a written determination that—
(1) Such use is clearly in the best interests of the Government (for example, the
project can reasonably be expected to be of value in specific Government programs); and
(2) No competitive advantage will accrue to the contractor through such use (see
FAR 45.103(a)(2)).
(b) Contracting officers shall utilize the same approval requirements as under 1845.301-71.
Subpart 1845.4—Reserved
Subpart 1845.5—Support Government Property Administration
1845.501-70 General.
(a) The contracting officer will provide copies of contracts, modifications and related
documents to the Center Industrial Property Officer.
(b) When the Industrial Property Officer or Property Administrator determines that the
contractor’s proposed systems, standards and practices for the management of Government
property are inadequate to manage Government property, the Contracting Officer should: (1)
Require the contractor to provide a written revision that addresses the determination of the
Industrial Property Officer or Property Administrator.
1845.503-70 Delegations of property administration and plant clearance.
(a) NASA contracting officers shall delegate property administration and plant clearance for
contracts performed outside of NASA centers, installations and facilities when:
(1) The contract is a cost type contract;
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(2) The contract is a fixed price contract that contains a cost element allowing or
requiring the contractor to acquire property on behalf of the Government and that property is titled
to the Government by operation of the FAR property clause;
(3) The contract is a fixed price contract and Government property is furnished; or,
(b) NASA Contracting officers may retain property administration and plant clearance, in
accordance with 1845.503-70, only when there is a compelling need, such as a security requirement
or safety requirement that would prohibit a non-cleared property administrator or a plant clearance
officer from performing these services.
(c) Delegation of property administration activities to other agencies will be made
according to the special delegation instructions issued by Logistics Division, Office of Strategic
Infrastructure. Variance from these delegations instructions must be authorized by Logistics
Division, Office of Strategic Infrastructure.
(d) Contracting officers shall retain property administration and plant clearance for all
contractors where the place of performance is within a NASA Center, Installation or Facility.
(e) Under the clause at 1852.245–71, Installation-Accountable Government Property,
property is managed by center logistics functions using NASA internal policy and procedural
guidance, except—
(1) When contractors are provided or are allowed the use of property that is not
governed by that procedural guidance, management of that property is governed by the
applicable FAR clause.
(2) When the contractor is responsible for performance of any segment of a
property system under a FAR property clause, then property administration and plant clearance
are required.
1845.503-71 Retention of property administration and plant clearance.
(a) Contracting officers may retain property administration functions and responsibilities by
written notification of the Center Industrial Property Officer. Contracting officers who retain
property administration must perform property administration in accordance with the requirements
of this subsection, FAR Part 45, and DOD instructions for property administration. The written
notification must contain—
(1) A plan for performance of property system reviews;
(2) A procedure that allows for the maintenance of property management records
for items transferred to and from the contractor, the collection and dissemination of property and
property related financial reports and the proper disposition of Government property in accordance
with Federal Management Regulations and FAR 45.6;
(3) A plan for coordination of support property administration functions with the
cognizant agency;
(4) Procedures for disposition of Government property, according to FAR and
Federal Management Regulations, and for required reporting of disposition actions; and,
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(5) Concurrence of the center procurement officer.
(b) When the contracting officer retains property administration and plant clearance, the
contracting officer shall provide annual reports to the Industrial Property Officer and the Center
Property Accountant detailing—
(1) The status of the annual property control system review;
(2) Any incidence of Loss, Damage or Destruction and the contracting officer’s
determination of liability;
(3) The status of the contractor’s physical inventory of property; and
(4) Final reports of disposition of Government property.
1845.504-70 Responsibilities of the Industrial Property Officer.
This section describes the functional management responsibility for contract property. Beyond
individual contracting officers, each NASA installation director will appoint an industrial property
officer to manage and coordinate property matters among the various contracting officers, technical
officials, contractor officials, delegated property administrators and plant clearance officers.
Generally, that individual is responsible for the entire contract property management function
outlined below; the installation is responsible for the entire function regardless of how it is
organized and distributed. The responsibilities are:
(a) Provide a focal point for all management of contract property, including Government
property (Government-furnished and contractor-acquired) provided to universities, non-profit
research institutions and to industry.
(b) Provide guidance to contracting and other personnel on the NASA property provisions.
(c) To the extent feasible, review property provisions of acquisition plans, solicitations,
contracts, and modifications for potential problems. Propose changes as necessary.
(d) To the extent feasible, participate in pre-award surveys/post-award orientations when
significant amounts of Government property will be involved.
(e) Ensure that vesting-of-title determinations are made and documented pursuant the
applicable FAR Government property clause and financing clauses such as the Progress Payments
Clause.
(f) Maintain effective communications with delegated property administrators and plant
clearance officers to keep fully informed about contractor performance and progress on any
property control problems.
(1) Obtain and review property control system survey summaries for all contracts
for which property administration has been delegated. Advise the Manager, Contract Property
Programs, Logistics Division, Office of Strategic Infrastructure of any severe or continuing
problems.
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(2) Provide property administrators copies of all pertinent contract property
documentation.
(g) Review, analyze and verify that the contractor’s property management system is capable
of producing a correct and complete NASA Form 1018, NASA Property in the Custody of
Contractors.
(h) Review property administrators’ approvals of relief of responsibility for lost, damaged,
and destroyed property and question the contractor regarding the need for any excessive or
repetitive approvals.
(i) When appropriate, make recommendations to source and performance evaluation boards
regarding property management and award fee criteria and evaluations regarding property
management.
(j) Monitor plant clearance status to preclude delays in contract closeout.
(k) Maintain contract property files for all transactions and correspondence associated with
each contract. Upon receipt of Standard Form 1424, Inventory Disposal Report, and DD Form
1593, Contract Administration Completion Record, or equivalents, merge all property records for
the contract and forward for inclusion with the official completed file.
(l) Perform, or assure the performance of, on-site property administration and plant
clearance and the property is not subject to the clause at 1852.245-71, Installation-Accountable
Government Property.
1845.505-70 Responsibilities of the Property Administrator.
(a) When property administration is not delegated to DOD, the NASA property
administrator shall evaluate the contractor’s management and control of Government property and
ascertain whether the contractor is effectively complying with the contract provisions. The property
administrator’s responsibilities include—
(1) Developing and applying a property system review program for each contractor
under the property administrator’s cognizance;
(2) Evaluating the results of contractor’s property control activities and, when
necessary, recommending that the contracting officer revoke the Government’s assumption of risk
for loss, damage or destruction of Government property;
(3) Advising the contracting officer of other significant problems the property
administrator cannot resolve, and recommending appropriate action, which may include disapproval
of the contractor’s property control system;
(4) Resolving property administration matters as necessary with the contractor’s
management, personnel from Government procurement and logistics activities, and representatives
of the NASA Headquarters Office of the Inspector General, the Defense Contract Audit Agency
(DCAA), and other Government agencies; and
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(5) Recognizing the functions of other Government personnel having cognizance of
Government property and obtaining their assistance when required. (These functions include, but
are not limited to, contract cost audit, quality assurance, engineering, pricing, and other technical
areas. Assistance and advice on matters involving analyses of the contractor’s books and accounting
records and on any other audit matters deemed appropriate shall be obtained from the cognizant
auditor.) Property Administrators shall use, and not repeat, the work of Government auditors or
other cognizant Government review activities unless that work does not satisfy the property control
system audit requirements set forth in the DoD property guidance and related NASA instruction.
(b) Property administrators will assist the contracting officer in pre award activities.
(1) Property administrators will review the contractor’s proposed standards and
practices to assess their suitability for the pending contract and will so advise the contracting officer.
(2) Property administrators will advise the contracting officer regarding the
contractor’s demonstrated past performance in property management, including their ability or
inability to perform to the proposed standards or execute the practices they have proposed for the
pending contract.
(c) When the property administrator determines that all or a portion of a contractor’s
property management practices and processes do not afford sufficient protection against loss,
damage or destruction of Government property:
(1) The property administrator shall increase surveillance to prevent, to the extent
possible, any loss, damage, or destruction of Government property; and
(2) Advise the contracting officer of any known or reported incidence of loss,
damage or destruction identified during any period in which the contracting officer has revoked
the Government’s acceptance of risk.
(d) The property administrator shall review records and the results of contractor actions
to identify any and all incidence where the contractor fails to report property no longer required
for performance for periods longer than called for in their standards and practices.
(e) After a report of excess received from a contractor has been referred to the plant
clearance officer for screening and ultimate disposition, the property administrator shall ensure
prompt disposition. For equipment, the property administrator shall—
(1) Assure the preparation and submission of individual reports required of the
contractor;
(2) Verify the permit certifications required by the forms; and
(3) Transmit the report to the NASA Industrial Property Officer.
(f) Upon completion or termination of a contract, the property administrator shall—
(1) Monitor the actions of the contractor in returning excess Government property
not referred to the plant clearance officer; and
(2) Advise the cognizant plant clearance officer as to the existence at a contractor’s
plant of residual property requiring disposal.
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(3) When informed that disposition of Government property under a contract has
been completed, the property administrator shall perform a final review and sign a determination
that—
(i) Disposition of Government property has been properly accomplished and
documented;
(ii) Adjustment documents, including any request of the contractor for relief
from responsibility, have been processed to completion;
(iii) Proceeds from disposals or other property transactions, including
adjustments, have been properly credited to the contract or paid to the Government as directed by
the contracting officer;
(iv) All questions regarding title to property fabricated or acquired under the
contract have been resolved and appropriately documented; and
(v) The contract property control record file is complete and ready for
retirement.
(4) When final review pursuant to paragraph (a) of this section reveals that such
action is proper, the property administrator shall accomplish and sign a DD Form 1593, Contract
Administration Completion Record, or equivalent.
(5) The Property Administrator shall forward the complete and signed DD Form
1593 to the contracting officer, and so annotate the Property Summary Data Record.
(6) The contracting officer shall include the DD form 1593 in the official contract
file.
1845.506–70 Responsibilities of the plant clearance officer.
When plant clearance is not delegated to DOD, NASA plant clearance officers shall be
responsible for—
(a) Providing the contractor with instructions and advice regarding the proper
preparation of inventory schedules;
(b) Accepting or rejecting inventory schedules;
(c) Conducting or arranging for inventory verification;
(d) Initiating prescribed screening and effecting resulting actions;
(e) Final plant clearance of contractor inventory;
(f) Pre-inventory scrap determinations, as appropriate;
(g) Evaluating the adequacy of the contractor’s procedures for property disposal and
providing feedback to the Property Administrator regarding the contractor’s performance in
property disposal activities;
(h) Determining the method of disposal;
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(i) Surveillance of any contractor conducted sales;
(j) Accounting for all contractor inventory reported by the contractor;
(k) Advising and assisting, as appropriate, the contractor, the Supply and Equipment
Management Officer (SEMO) and other Federal agencies in all actions relating to the proper and
timely disposal of contractor inventory;
(l) Approving the method of sale, evaluating bids, and approving sale prices for any
contractor-conducted sales; and
(m) Recommending the reasonableness of selling expenses related to any contractorconducted sales.
(n) Seeking the advice and concurrence of the General Counsel regarding antitrust actions
when needed.
(o) Assuring that the center equipment manager is advised of, and receives documentation
for, all capital valued property that has been reported for disposition.
(p) Advising the contracting officer regarding all disposition actions and activities.
Subpart 1845.6—Reporting, Reutilization, and Disposal
1845.602-3 Screening.
(a) Property Disposal Officers (PDOs) are the center focal points for intra-agency
reutilization screening.
(1) When property is reported for disposition through PCARSS or on manual
inventory schedules, PDOs shall make that information available to procurement and program
offices seeking to acquire similar, new property in accordance with the agency inventory and
other agency excess utilization requirements of FAR Part 8.
(2) When property is reported for disposition through NASA DSPL systems, the
PDO shall screen and process the disposition in accordance with NPR 4200.1, NASA Personal
Property Disposal Procedural Requirements and related guidance.
(b) Waiver of screening requirements. The Director, Logistics Division Office of
Strategic Infrastructure will approve deviations from intra-agency screening requirements.
1845.603 Abandonment, destruction or donation of excess personal property.
The center property disposal officer (PDO) shall review abandonment or destruction
determinations in accordance with NPR 4300.1.
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1845.604 Restrictions on purchase or retention of contractor inventory.
(1) No contractor may sell contractor inventory to persons known by it to be NASA or
DOD personnel who have been engaged in administering or terminating NASA contracts.
(2)(i) The contractor's or subcontractor's authority to approve the sale, purchase, or retention
of Government property on a contract which is excess to needs after Government reutilization
screening at less than cost by a subcontractor, and the subcontractor's authority to sell, purchase, or
retain such property at less than cost with the approval of the contractor or next higher-tier
subcontractor does not include authority to approve—
(A) A sale by a subcontractor to the contractor, the next higher-tier
subcontractor, or their affiliates; or
(B) A sale, purchase, or retention by a subcontractor affiliated with the
contractor or next higher-tier subcontractor.
(ii) Each excluded sale, purchase, or retention requires the written approval of the
plant clearance officer.
1845.604-4 Proceeds of sale.
(a) Sale of surplus contractor inventory. The plant clearance officer shall maintain an
open suspense record until verifying that credit has been applied, unless another Government
representative has specifically assumed this responsibility.
1845.604-70 Contractor inventory in foreign countries.
NASA procedures for disposal are in NPR 4300.1, NASA Personal Property Disposal
Procedures and Guidelines.
1845.605-70 Inventory disposal report.
A copy of Standard Form 1424, Inventory Disposal Report, shall be provided to the center
industrial property officer or the PDO.
1845.606 Disposal of scrap.
1845.606-70 Contractor’s approved scrap procedure.
(a) When a contractor has an approved scrap procedure, certain property may be
routinely disposed of in accordance with that procedure and not processed under this section.
(b) The center property administrator is authorized to approve the contractor’s scrap
procedure. Before approval, the plant clearance officer shall review the procedure, particularly
regarding sales. The plant clearance officer shall ensure that the procedure contains adequate
requirements for inspecting and examining items to be disposed of as scrap. When the contractor’s
procedure does not require physical segregation of Government-owned scrap from contractorowned scrap and separate disposal, care shall be exercised to ensure that a contract change that
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generates a large quantity of property does not result in an inequitable return to the Government.
In such a case, the property administrator shall make a determination as to whether separate
disposition of Government scrap would be appropriate.
(c) A plant clearance case shall not be established for production scrap disposed of
through the contractor’s approved scrap procedure.
(d) Property in scrap condition, other than that disposed of through the contractor’s
approved scrap procedure, shall be reported on appropriate inventory schedules for disposition in
accordance with the provisions of FAR Part 45 and NFS 1845.
1845.606-71 Recovering precious metals.
Silver, gold, platinum, palladium, rhodium, iridium, osmium, and ruthenium; scrap bearing such
metals; and items containing recoverable quantities of them shall be reported through the NASA
PDO for disposition in accordance with NASA instructions.
1845.607-170 Contractor's approved scrap procedure.
(a) When a contractor has an approved scrap procedure, certain property may be routinely
disposed of in accordance with that procedure and not processed under this section.
(b)-(c) [Reserved]
(d) Property in scrap condition, other than that disposed of through the contractor's
approved scrap procedure, shall be reported on appropriate inventory schedules for disposition in
accordance with the provisions of FAR part 45 and 1845.
1845.607-2 Recovering precious metals.
(b) Silver, gold, platinum, palladium, rhodium, iridium, osmium, and ruthenium; scrap
bearing such metals; and items containing recoverable quantities of them shall be reported to the
Defense Reutilization and Marketing Service, DRMS-R, Federal Center, Battle Creek, MI
49017-3092, for instructions regarding disposition.
1845.610-4 Contractor inventory in foreign countries.
NASA procedures for disposal are in NPR 4300.1, NASA Personal Property Disposal
Procedures and Guidelines.
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Part 1845—Government Property
Subpart 1845.70—Reserved
Subpart 1845.71—Forms Preparation
1845.7101 Instructions for preparing NASA Form 1018.
NASA must account for and report assets in accordance with 31 U.S.C. 3512 and 31 U.S.C.
3515, Federal Accounting Standards, and Office of Management and Budget (OMB)
instructions. Since contractors maintain NASA’s official records for its assets in their
possession, NASA must obtain periodic data from those records to meet these requirements.
Changes in Federal Accounting Standards and OMB reporting requirements may occur from
year to year, requiring contractor submission of supplemental information with the NASA Form
(NF) 1018. The specific Statements of Federal Financial Accounting Standards (SFFAS) to be
used for property records are SFFAS No. 3 “Accounting for Inventory and Related Property”,
SFFAS No. 6 “Accounting for Property, Plant and Equipment”, SFFAS No. 10 “Accounting for
Internal Use Software”, and SFFAS No. 11 “Amendments to PP&E: Definitions” issued by the
Federal Accounting Standards Advisory Board. Classifications of property, related costs to be
reported, and other reporting requirements are discussed in this subpart. NF 1018 (see 1853.3)
provides critical information for NASA financial statements and property management.
Accuracy, completeness, and timeliness of the report are critical to many aspects of NASA’s
operations.
1845.7101-1 Property classification.
(a) General.
(1) Contractors shall report costs in the classifications on NF 1018, as described
in this section. The cost of heritage assets and obsolete property will be reported on the NF 1018
under the appropriate classification. Supplemental reporting may also be required.
(2)(i) Heritage assets are property, plant and equipment that possess one or more
of the following characteristics:
(A) Historical or natural significance.
(B) Cultural, educational or artistic importance.
(C) Significant architectural characteristics.
(ii) Examples of NASA heritage assets include buildings and structures
designated as National Historic Landmarks as well as aircraft, spacecraft and related components
on display to enhance public understanding of NASA programs. Heritage assets which serve
both a heritage and government operation function are considered multi-use when the
predominant use is in general government operations. Multi-use heritage assets will not be
considered heritage assets for NF 1018 supplemental reporting purposes.
(3) Obsolete property is property for which there are no current plans for use in
its intended purpose (i.e. it no longer provides service to NASA operations). Examples of
obsolete property are items in configurations which are no longer required or used by NASA or
items held for engineering evaluation purposes only. NASA may have approved the retention of
these items for programmatic reasons even though they have no current plans for use.
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(b) Land. Includes costs of land and improvements to land. Contractors shall report land
with a unit acquisition cost of $500,000 or more.
(c) Buildings. Includes costs of buildings, improvements to buildings, and fixed
equipment required for the operation of a building which is permanently attached to and a part of
the building and cannot be removed without cutting into the walls, ceilings, or floors.
Contractors shall report buildings with a unit acquisition cost of $500,000 or more. Examples of
fixed equipment required for functioning of a building include plumbing, heating and lighting
equipment, elevators, central air conditioning systems, and built-in safes and vaults.
(d) Other Structures and Facilities. Includes costs of acquisitions and improvements of
real property (i.e. structures and facilities other than buildings); for example, airfield pavements,
harbor and port facilities, power production facilities and distribution systems, reclamation and
irrigation facilities, flood control and navigation aids, utility systems (heating, sewage, water and
electrical) when they serve several buildings or structures, communication systems, traffic aids,
roads and bridges, railroads, monuments and memorials, and nonstructural improvements such as
sidewalks, parking areas, and fences. Contractors shall report other structures and facilities with
a unit acquisition cost of $500,000 or more and a useful life of two years or more.
(e) Leasehold improvements. Includes NASA-funded costs of improvements to leased
buildings, structures, and facilities, as well as easements and right-of-way, where NASA is the
lessee or the cost is charged to a NASA contract. Contractors shall report leasehold
improvements with a unit acquisition cost of $500,000 or more and a useful life of two years or
more.
(f) Construction in Progress. Includes costs of work in process for the construction of
Buildings, Other Structures and Facilities, and Leasehold Improvements to which NASA has
title, regardless of value.
(g) Equipment. Includes costs of commercially available personal property capable of
stand-alone use in manufacturing supplies, performing services, or any general or administrative
purpose (for example, machine tools, furniture, vehicles, computers, software, test equipment,
including their accessory or auxiliary items). Software integrated into and necessary to operate
another item of Government property is considered to be an auxiliary item (see FAR 45.501) and
should be considered part of the item of which it is an integral part. Other software to which
NASA has title shall be classified as an individual item of equipment for reporting purposes if it
has a useful life of 2 years or more and acquisition cost of $1,000,000 or more (also see
1845.7101-3(g)). Enhancement costs for existing software should be added to the software
acquisition cost if the enhancement results in significant additional capability beyond that for
which the software was originally developed (i.e. a capability that was not included in the
original software specifications, the total cost of the enhancement is $1,000,000 or more, or the
expected useful life of the enhanced software is 2 years or more). Software licenses are
excluded. Contractors shall separately report—
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(1) The amount for all items with a unit acquisition cost of $500,000 or more and
a useful life of two years or more; and
(2) All other items.
(h) Special Tooling. Includes costs of equipment and manufacturing aids (and their
components and replacements) of such a specialized nature that, without substantial
modification or alteration, their use is limited to development or production of particular supplies
or parts, or performance of particular services (see FAR 45.101). Examples include jigs, dies,
fixtures, molds, patterns, taps and gauges. Contractors shall separately report—
(1) The amount for all items with a unit acquisition cost of $500,000 or more and
a useful life of two years or more; and
(2) All other items.
(i) Special Test Equipment. Includes costs of equipment used to accomplish special
purpose testing in performing a contract, and items or assemblies of equipment (see FAR
45.101). Contractors shall separately report—
(1) The amount for all items with a unit acquisition cost of $500,000 or more and
a useful life of two years or more; and
(2) All other items.
(j) Material. Includes costs of NASA-owned property held in inventory regardless of
whether or not it is unique to NASA programs that may become a part of an end item or be
expended in performing a contract. Examples include raw and processed material, spares, parts,
assemblies, small tools and supplies. Material that is part of work-in-process is not included.
Contractors shall report the amount for all Materials in inventory, regardless of unit acquisition
cost.
(k) Agency-Peculiar Property. Includes costs of completed items, unique to NASA
aeronautical and space programs, which are capable of stand-alone operation. Examples include
research aircraft, reusable space vehicles, ground support equipment, prototypes, and mock-ups.
The amount of property, title to which vests in NASA as a result of progress payments to fixed
price subcontractors, shall be included to reflect the pro rata cost of undelivered agency-peculiar
property. Completed end items not related to the International Space Station or the Space Shuttle
program which otherwise meet the definition of Agency-Peculiar Property, and are destined for
permanent operation in space, such as satellites and space probes, shall not be reported.
Contractors shall separately report—
(1) The amount for all items with a unit acquisition cost of $500,000 or more and
a useful life of two years or more; and
(2) All other items.
(l) Contract Work-in-Process. Work-in-process (WIP) consists of property items under
construction (i.e. not complete). It includes costs of all work-in-process regardless of value, and
excludes costs of completed items reported in other categories. While the costs of WIP for
International Space Station and Space Shuttle components should be included as WIP, satellites
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and space probes and their components should be excluded from WIP as those items will be
accounted for by NASA.
1845.7101-2 Transfers of property.
A transfer is a change in accountability between and among prime contracts, NASA Centers, and
other Government agencies (e.g., between contracts of the same NASA Center, contracts of
different NASA Centers, a contract of one NASA Center to another, a NASA Center to a
contract of another NASA Center, and a contract to another Government agency or its contract).
To enable NASA to properly control and account for all transfers, they shall be adequately
documented. Adequate documentation includes the appropriate dollar amount of the asset(s)
transferred (as prescribed in 1845.7101-3) and the formal, signed NASA or contractor
authorization approving the transfer. In addition, procurement, property, and financial
organizations at NASA Centers must affect all transfers of accountability, although physical
shipment and receipt of property may be made directly by contractors. The procedures described
in this section shall be followed to provide an administrative and audit trail, even if property is
physically shipped directly from one contractor to another. Property shipped between September
1 and September 30, inclusively, shall be accounted for and reported by the shipping contractor,
regardless of the method of shipment, unless written evidence of receipt at destination has been
received. Repairables provided under fixed price repair contracts that include the clause at
1852.245-72, Liability for Government Property Furnished for Repair or Other Services, remain
accountable to the cognizant NASA Center and are not reportable on NF 1018; repairables
provided under a cost-reimbursement contract, however, are accountable to the contractor and
reportable on NF 1018. All materials provided to conduct repairs are reportable, regardless of
contract type.
(a) Approval and Notification. The contractor must obtain approval of the contracting
officer or designee for transfers of property off the prime contract before shipment. Each
shipping document must be signed by the contracting officer or designee demonstrating such
approval. Each shipping document must contain contract numbers, shipping references, property
classifications in which the items are recorded (including Federal Supply Classification group
(FSC) codes for equipment), unit acquisition costs (as defined in 1845.7101-3, Unit Acquisition
Cost), original Government acquisition dates for items with a unit acquisition cost of $500,000 or
more and a useful life of two years or more, and any other appropriate identifying or descriptive
data. Where the DD Form 250, Material Inspection and Receiving Report, is used, the FSC code
will be part of the national stock number (NSN) entered in Block 16 or, if the NSN is not
provided, the FSC alone shall be shown in Block 16. The original Government acquisition date
shall be shown in Block 23, by item. Other formats, such as the DD Form 1149, Requisition and
Invoice/Shipping Document, should be clearly annotated with the required information. Unit
acquisition costs shall be obtained from records maintained pursuant to FAR Part 45 and this
Part 1845, or, for uncompleted items where property records have not yet been established, from
such other record systems as are appropriate such as manufacturing or engineering records used
for work control and billing purposes. Shipping contractors shall furnish a copy of the formally
approved shipping document to the cognizant property administrator. Shipping and receiving
contractors shall promptly submit copies of shipping and receiving documents to the Center
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Deputy Chief Financial Officer, Finance, responsible for their respective contracts when
accountability for NASA property is transferred to, or received from, other contracts, contractors,
NASA Centers, or Government agencies.
(b) Reclassification. If property is transferred to another contract or contractor, the
receiving contractor shall record the property in the same property classification and amount
appearing on the shipping document. For example, when a contractor receives an item from
another contractor that is identified on the shipping document as equipment, but that the recipient
intends to incorporate into special test equipment, the recipient shall first record the item in the
equipment account and subsequently reclassify it as special test equipment. Reclassification of
equipment, special tooling, special test equipment, or agency-peculiar property requires prior
approval of the contracting officer or a designee.
(c) Incomplete documentation. If contractors receive transfer documents having
insufficient detail to properly record the transfer (e.g., omission of property classification, FSC,
unit acquisition cost, Government acquisition date, required signatures, etc.) they shall request
the omitted data directly from the shipping contractor or through the property administrator. The
contracting officer shall assist the Government Property Administrator and the receiving
contractor to obtain all required information for the receiving contractor to establish adequate
property records.
1845.7101-3 Unit acquisition cost.
(a) The unit acquisition cost shall include all costs incurred to bring the property to a
form and location suitable for its intended use. The following is representative of the types of
costs that shall be included, when applicable:
(1) Amounts paid to vendors or other contractors.
(2) Transportation charges to the point of initial use.
(3) Handling and storage charges.
(4) Labor and other direct or indirect production costs (for assets produced or
constructed).
(5) Engineering, architectural, and other outside services for designs, plans,
specifications, and surveys.
(6) Acquisition and preparation costs of buildings and other facilities.
(7) An appropriate share of the cost of the equipment and facilities used in
construction work.
(8) Fixed equipment and related installation costs required for activities in a
building or facility.
(9) Direct costs of inspection, supervision, and administration of construction
contracts and construction work.
(10) Legal and recording fees and damage claims.
(11) Fair values of facilities and equipment donated to the Government.
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(b) Acquisition cost shall include, where appropriate, for contractor acquired property,
related fees, or a pro rata portion of fees, paid by NASA to the contractor. Situations where
inclusion of fees in the acquisition cost would be appropriate are those in which the contractor
designs, develops, fabricates or purchases property for NASA and part of the fees paid to the
contractor by NASA are related to that effort.
(c) Acquisition cost shall be developed using actual costs to the greatest extent possible,
especially costs directly related to fabrication such as labor and materials. Where estimates are
used, there must be a documented methodology based on a historical basis. All acquisition costs
shall be properly documented, supported and retained. Supporting documentation shall be made
available upon request.
(d) The use of weighted average methodologies is acceptable for valuation of Material.
(e) Contractors shall report unit acquisition costs using records that are part of the
prescribed property or financial control system as provided in this section. Fabrication costs
shall be based on approved systems or procedures and include all direct and indirect costs of
fabrication.
(f) Only modifications that improve an item’s capacity or extend its useful life two years
or more and that cost $500,000 or more shall be reported on the NF 1018 on the $500,000 &
Over line. The costs of any other modifications, excluding routine maintenance, will be reported
on the Under $500,000 line. If an item’s original unit acquisition cost is less than $500,000, but
a single subsequent modification costs $500,000 or more, that modification only will be reported
as an item $500,000 or more on subsequent NF 1018s. The original acquisition cost of the item
will continue to be included in the under $500,000 total. The quantity for the modified item will
remain “1” and be reported with the original acquisition cost of the item. If an item’s acquisition
cost is reduced by removal of components so that its remaining acquisition cost is under
$500,000, it shall be reported as under $500,000.
(g) Software acquisition costs include software costs incurred up through acceptance
testing and material internal costs incurred to implement the software and otherwise make the
software ready for use. Costs incurred after acceptance testing are excluded. License,
maintenance, training, and data conversion costs are also excluded. If the software is purchased as
part of a package, the costs will need to be segregated in such manner as to ensure that the
excluded costs (maintenance, training, etc.) are not reported as part of the software’s acquisition
cost. Enhancement costs for existing software should be added to the acquisition cost if the
enhancement results in significant additional capability beyond that for which the software was
originally developed (i.e. a capability that was not included in the original software specifications),
the total cost of the enhancement is $1,000,000 or more, and the expected useful life of the
enhanced software is 2 years or more. Include the same types of cost as indicated above under new
software. Costs incurred solely to repair a design flaw or perform minor upgrades should not be
included.
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(h) The computation of work in process (WIP) shall include all direct and indirect costs
of fabrication, including associated systems, subsystems, and spare parts and components
furnished or acquired and charged to work in process pending incorporation into a finished item.
These types of items make up what is sometimes called production inventory and include
programmed extra units to cover replacement during the fabrication process (production spares).
Also included are deliverable items on which the contractor or a subcontractor has begun work,
and materials issued from inventory. The computation of WIP shall incorporate the other
requirements for unit acquisition cost as outlined in paragraphs (a) through (e) of this section. In
addition, acquisition cost of property furnished by the Government, which has been incorporated
in the property item under construction or in process of fabrication, should be included. Do not
include costs for operation or repairing existing completed property items. Once the property is
complete, include all the costs outlined above in its acquisition value in the property record. The
WIP values are inception to date until such time as the WIP is completed. It does not include
future costs.
1845.7101-4 Types of deletions from contractor property records.
Contractors shall report the types of deletions from contract property records as described in this
section.
(a) Lost, Damaged or Destroyed. Deletion amounts that result from relief from
responsibility under FAR 45.503 granted during the reporting period.
(b) Transferred in Place. Deletion amounts that result from transfer of property to a
follow-on prime contract or other prime contract with the same contractor.
(c) Transferred to NASA Center Accountability. Deletion amounts that result from
transfer of accountability to the NASA Center responsible for the contract, whether or not items
are physically moved.
(d) Transferred to Another NASA Center. Deletion amounts that result from transfer of
accountability to a NASA Center other than the one responsible for the contract, whether or not
items are physically moved.
(e) Transferred to Another Government Agency. Deletion amounts that result from
transfer of property to another Government agency.
(f) Purchased at Cost/Returned for Credit. Deletion amounts that result from contractor
purchase or retention of contractor acquired property as provided in FAR 45.605-1, or from
contractor returns to suppliers under FAR 45.605-2.
(g) Disposed of Through Plant Clearance Process. Deletions other than transfers within
the Federal Government, e.g., donations to eligible recipients, sold at less than cost, or
abandoned/directed destruction, or trade-ins.
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(h) Other. Types of deletion other than those reported in paragraph (a) through (g) of this
section such as those resulting from reclassifications (e.g. from equipment to agency-peculiar
property).
1845.7101-5 Contractor’s privileged financial and business information.
If a transfer of property between contractors involves disclosing costs of a proprietary nature, the
contractor shall furnish unit acquisition costs only on copies of shipping documents sent to the
shipping and receiving NASA Centers.
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Part 1846—Quality Assurance
PART 1846
QUALITY ASSURANCE
TABLE OF CONTENTS
SUBPART
1846.102
1846.103
1846.1
GENERAL
Policy.
Contracting office responsibilities.
SUBPART
1846.370
1846.3
CONTRACT CLAUSES
NASA contract clauses.
SUBPART
1846.401
1846.407
1846.470
1846.4
GOVERNMENT CONTRACT QUALITY ASSURANCE
General.
Nonconforming supplies and services.
Contract clause.
SUBPART
1846.670
1846.670-1
1846.670-2
1846.670-3
1846.670-4
1846.670-5
1846.671
1846.672
1846.672-1
1846.672-2
1846.672-3
1846.672-4
1846.672-5
1846.672-6
1846.673
1846.674
1846.6
MATERIAL INSPECTION AND RECEIVING REPORTS
Introduction.
General.
Applicability.
Use.
Multiple shipments.
Forms.
Contract quality assurance on shipments between contractors.
Preparing DD Forms 250 and 250c.
Preparation instructions.
Consolidated shipments.
Multiple consignee instructions.
Correction instructions.
Packing list instructions.
Receiving instructions.
Distribution of DD Forms 250 and 250c.
Contract clause.
SUBPART
1846.703
1846.703-70
1846.704
1846.770
1846.7
WARRANTIES
Criteria for use of warranties.
Additional criteria.
Authority for use of warranties.
Administration.
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SUBPART
1846.7000
1846.7001
1846.7002
1846.7003
1846.70
COUNTERFEIT ELECTRONIC PART DETECTION AND
AVOIDANCE.
Scope of subpart.
Definitions.
Policy.
Contract clause.
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PART 1846
QUALITY ASSURANCE
Subpart 1846.1—General
1846.102 Policy
(f) See NPR 8735.2, Section 2.1, concerning quality assurance for critical acquisition
items. Generally, the quality assurance requirements set forth in the NPR for critical acquisition
items are not allowed under Part 12 procedures. See FAR 12.208.
1846.103 Contracting Office Responsibilities.
(f) Ensuring the request originator has annotated on the NF 1707 whether the acquisition
involves the procurement of safety critical parts, as defined in NPR 8735.1, Procedures for
Exchanging Parts, Materials, and Safety Problem Data Utilizing the Government-Industry Data
Exchange Program (GIDEP) and NASA Advisories, and that any such safety critical parts have
been GIDEP screened.
Subpart 1846.3—Contract Clauses
1846.370 NASA contract clauses.
The contracting officer shall insert the clause at 1852.246-73, Human Space Flight Item, in
solicitations and contracts for human space flight hardware and flight-related equipment if the
highest available quality standards are necessary to ensure astronaut safety.
Subpart 1846.4—Government Contract Quality Assurance
1846.401 General.
(a) The Government may conduct inspection and other quality requirements through
"insight" or “oversight.”
(i) Insight requires the monitoring of contractor quality data and Governmentidentified metrics and contracted milestones, and may also involve the review of contractor work
procedures and records. Insight is a continuum that can range from low intensity, such as
reviewing quarterly reports, to high intensity, such as performing surveys and reviews.
(ii) Oversight occurs in line with the contractor's processes. The Government
retains and exercises the right to concur or non-concur with the contractor’s decisions affecting
product conformity. Non-concurrence must be resolved before the contractor can proceed.
Oversight is a continuum that can range from low intensity, such as quality system audits, or
Government concurrence in reviews (e.g., preliminary design review or critical design review),
to high intensity oversight in which the Government has day-to-day involvement in the
contractor’s decision making process (e.g., mandatory hardware inspections or process
witnessing). The decision to use insight or oversight is based on an assessment of the risk
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inherent in the activity being surveilled. Surveillance must be conducted whether or not the
contract effort has been structured as a performance-based acquisition.
(iii) The quality assurance surveillance plan (QASP) contents may range from
low-intensity, insight-only functions to high-intensity oversight functions depending on the
acquisition’s criticality, complexity, contractor past performance, and other risk factors. The
project office prepares the QASP in conjunction with the statement of work and periodically
adjusts it thereafter based on changing risk factors as the contract requirement progresses
through acquisition planning, source selection, and contract administration. The QASP shall not
be included in the contract. Detailed requirements and guidance concerning QASP development
and administration are provided in NPR 8735.2, Management of Government Quality Assurance
Functions for NASA Contracts.
1846.407 Nonconforming supplies and services.
(h) NASA personnel at all levels are responsible for reporting to the Office of Inspector
General and the NASA Director, Acquisition Integrity Program (AIP), when they become aware
of noncompliant conditions or failure experiences which may constitute evidence of fraud,
malpractice, or other serious misconduct. Suspected counterfeit goods shall not be returned to
the contractor without the authorization of the AIP Director.
1846.470 Contract clause.
The contracting officer may insert a clause substantially as stated at 1852.246-71, Government
Contract Quality Assurance Functions, in solicitations and contracts to specify the location(s) of
quality assurance functions.
Subpart 1846.6—Material Inspection and Receiving Reports
1846.670 Introduction.
1846.670-1 General.
This subpart contains procedures and instructions for use of the DD Form 250, Material Inspection
and Receiving Report (MIRR), (DD Form 250 series equivalents, and commercial
shipping/packing lists used to document Government contract quality assurance (CQA).
1846.670-2 Applicability.
(a) This subpart applies to supplies or services acquired by or for NASA when the clause
at 1852.246-72, Material Inspection and Receiving Report, is included in the contract.
1846.670-3 Use.
(a) The DD Form 250 is a multipurpose report used for—
(1) Providing evidence of CQA at origin or destination;
(2) Providing evidence of acceptance at origin or destination;
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(3)
(4)
(5)
(6)
Packing lists;
Receiving;
Shipping; and
Contractor invoice support.
(b) Do not use MIRRs for shipments—
(1) By subcontractors, unless the subcontractor is shipping directly to the
Government; or,
(2) Of contract inventory.
(c) The contractor prepares the DD Form 250, except for entries that an authorized
Government representative is required to complete. The contractor shall furnish sufficient copies
of the completed form, as directed by the Government Representative.
1846.670-4 Multiple Shipments.
(a) If the "shipped to," "marked for," "shipped from," "CQA," and "acceptance" data are
the same for more than one shipment made on the same day under the same contract in a single
car, truck, or other vehicle, one MIRR shall be prepared to cover all such shipments.
(b) If the volume of the shipments precludes the use of a single car, truck, or other vehicle,
a separate MIRR shall be provided for each vehicle.
1846.670-5 Forms.
An electronic copy of the DD Form 250 may be downloaded from the General Services
Administration’s Forms Library at http://www.gsa.gov/portal/forms/type/TOP.
1846.671 Contract quality assurance on shipments between contractors.
(a) The supplier's commercial shipping document/packing list shall indicate performance
of required CQA actions at subcontract level. The following entries shall be made on the
document/packing list:
Required CQA of items has been performed.
__________________________ (Signature of Authorized
Government Representative)
__________________________ (Date)
__________________________ (Typed Name and Office)
(b) Distribution for Government purposes shall be one copy each—
(1) With shipment;
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(2) For the Government representative at consignee (via mail); and
(3) For the Government representative at consignor.
1846.672 Preparing DD Forms 250 and 250c.
1846.672-1 Preparation instructions.
(a) General.
(1) Dates shall include nine spaces consisting of the four digits of the year, the first
three letters of the month, and two digits for the date (e.g., 2012SEP24).
(2) Addresses shall consist of the name, street address/P.O. box, city, State, and
ZIP code.
(3) The data entered in the blocks at the top of DD Form 250c shall be identical to
the comparable entries in Blocks 1, 2, 3, and 6 of the DD Form 250.
(4) Overflow data of the DD Form 250 shall be entered in Block 16 or in the body
of the DD Form 250c with block cross reference. Additional DD Form 250c sheets solely for
continuation of Block 23 data shall not be numbered or distributed as part of the MIRR.
(b) Classified information. Do not include classified information on the MIRR. MIRRs
must not be classified.
(c) Block 1 – PROCUREMENT INSTRUMENT IDENTIFICATION (CONTRACT
NUMBER) Enter the ten-character, alpha-numeric procurement identifier of the contract.
(d) Block 2 -- SHIPMENT NO.
(1) The shipment number is a three-alpha character prefix and a four-character
numeric or alpha-numeric serial number.
(i) The prefix shall be controlled and assigned by the prime contractor and
shall consist of three alpha characters for each "shipped from" address (Block 11). The prefix shall
be different for each “Shipped From” address and shall remain constant throughout the contract
period.
(ii) The serial number for the first shipment under a prime contract from
each "shipped from" address shall be 0001; subsequent shipments under that prime contract shall
be consecutively numbered. Alpha-numerics shall be used when more than 9,999 numbers are
required. Alpha-numerics shall be serially assigned, with the alpha in the first position, followed
by the three-position numeric serial number. The alpha-numeric sequence shall be (the letters I
and O shall not be used) A001 through A999 (10,001 through 10,999); B001 through B999
(11,001 through 11,999); to Z999. When this series is completely used, numbering shall revert to
0001.
(2) The shipment number of the initial shipment shall be reassigned when a
"replacement shipment" is involved (see (r)(4)(iv) of this section).
(3) The prime contractor shall control deliveries and on the last shipment of the
contract shall suffix the shipment number with a "Z" in addition to that required for line items (see
Block 17). If the contract final shipment is from other than the prime contractor's plant, the prime
contractor may elect (i) to direct the subcontractor to suffix the "Z" or (ii), on receipt of the
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subcontractor final shipment information, to correct the DD Form 250 covering the last shipment
from the prime contractor's plant by adding a "Z" to that shipment number.
(e) Block 3 -- DATE SHIPPED. Enter the date the shipment is released to the carrier or the
date of completion of services. If the shipment will be released after the date of CQA and/or
acceptance, enter the estimated date of release. When the date is estimated, enter an "E" after it.
Distribution of the MIRR shall not be delayed for entry of the actual shipping date. Reissuance of
the MIRR is not required to show the actual shipping date.
(f) Block 4 -- B/L TCN. When applicable, enter the commercial or Government bill of
lading number after "B/L"; and the Transportation Control Number after "TCN."
(g) Block 5 -- DISCOUNT TERMS.
(1) The contractor may enter the discount in terms of percentages on all copies of
the MIRR.
(2) When the MIRR is used as an invoice, see 1846.672-5.
(h) Block 6 -- INVOICE.
The contractor may enter the invoice number and actual or estimated date on all
copies of the MIRR. When the date is estimated, enter an “E” after the date. Do not correct
MIRRs to reflect the actual date of invoice submission.
(i) Block 7 -- PAGE/OF. Consecutively number the pages comprising the MIRR. On each
page, enter the total number of pages of the MIRR.
(j) Block 8 -- ACCEPTANCE POINT. Enter an "S" for origin or "D" for destination as
specified in the contract as the point of acceptance.
(k) Block 9 -- PRIME CONTRACTOR. Enter the Commercial and Government Entity
(CAGE) code and address.
(l) Block 10 -- ADMINISTERED BY. Enter the code and address of the contracting office
cited in the contract.
(m) Block 11 -- SHIPPED FROM/CODE/FOB.
(1) Enter the code and address of the "shipped from" location. If identical to Block
9, enter "See Block 9."
(2) For performance of services that do not require delivery of items upon
completion, enter the code and address of the location at which the services were performed. If the
DD Form 250 covers performance at multiple locations or if identical to Block 9, enter "See Block
9."
(3) Enter on the same line and to the right of "FOB" an "S" for origin or "D" for
destination as specified in the contract. Enter an alphabetic "O" if the FOB point cited in the
contract is other than origin or destination.
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(n) Block 12 -- PAYMENT WILL BE MADE BY. Enter the address of the payment office
cited in the contract.
(o) Block 13 -- SHIPPED TO/CODE. Enter the code and address from the contract or
shipping instructions.
(p) Block 14 -- MARKED FOR/CODE. Enter the code and address from the contract or
shipping instructions.
(q) Block 15 -- ITEM NO. Enter the item number used in the contract. If four or fewer
digits are used, position them to the left of the vertical dashed line. Where a six-digit identification
is used, enter the last two digits to the right of the vertical dashed line.
(r) Block 16 -- STOCK/PART NO./DESCRIPTION.
(1) Enter, as applicable, for each item, using single spacing between each line
item, the following:
(i) The National Stock Number (NSN) or noncatalog number and, if
applicable, prefix or suffix. When a number is not provided or it is necessary to supplement the
number, include other identification such as the manufacturer's name or Federal Supply Code (as
published in Cataloging Handbook H4-1), and part numbers. Additional part numbers may be
shown in parentheses. Also enter the descriptive noun of the item nomenclature and, if provided,
the Government-assigned management/material control code. In the case of equal-kind supply
items, the first entry shall be the description without regard to kind (e.g., "Resistor"). Below this
description, enter the contract item number in Block 15 and stock/part number followed by the
size or type in Block 16.
(ii) On the next printing line, if required by the contract for control
purposes, enter the make, model, serial number, lot, batch, hazard indicator, and/or similar
description.
(iii) On the next printing line, enter the FEDSTRIP requisition number(s)
when provided in the contract or shipping instructions.
(2) For service items, enter the word “SERVICE” followed by a short description
of less than 20 characters. Do not complete items 4, 13, and 14 when material is not shipped.
(3) For all contracts administered by the Defense Contract Management Agency,
with the exception of fast pay procedures, enter and complete the following:
Gross Shipping Wt.__ (State weight in pounds only).
(4) Enter on the next line the following as appropriate (entries may be extended
through Block 20). When entries apply to more than one item in the MIRR, enter them only once
after the last item and reference the applicable item numbers.
(i) Enter in capital letters any special handling instructions/limits for
material environmental control (e.g., temperature, humidity, aging, freezing, and shock).
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(ii) When an NSN is required by, but not cited in, a contract and has not
been furnished by the Government, shipment may be made at the direction of the contracting
officer. Enter the authority for the shipment.
(iii) When Government-furnished property (GFP) is included with or
incorporated into the line item, enter "GFP".
(iv) When the shipment consists of replacements for supplies previously
furnished, enter in capital letters "REPLACEMENT SHIPMENT" (see paragraph (s)(3) of this
section for replacement indicators.)
(v) For items shipped with missing components, enter and complete the
following: "Item(s) shipped short of the following component(s): FSN or comparable
identification
, Quantity
, Estimated Value
, Authority
."
(vi) When shipment is made of components that were short on a prior
shipment, enter and complete the following: "These components were listed as shortages on
Shipment Number
, date shipped
."
(vii) When shipments involve drums, cylinders, reels, containers, skids,
etc., designated as returnable under contract provisions, enter and complete the following: "Return
to
, Quantity
, Item
, Ownership (Government/contractor)."
(viii) Enter shipping container number(s), the type, and the total number of
the shipping container(s) included in the shipment.
(ix)
The MIRR shall be used to record and report the waivers and
deviations from contract specifications, including the source and authority for the waiver or
deviation (e.g., the contracting office authorizing the waiver or deviation and the identification of
the authorizing document).
(x) For shipments involving discount terms, enter "DISCOUNT
EXPEDITE" in at least one-inch outline-type letters.
(xi) When test/evaluation results are a condition of acceptance and are not
available before shipment, the following note shall be entered if the shipment is approved by the
contracting officer: "Note: Acceptance and payment are contingent upon receipt of approved
test/evaluation results." The contracting officer will advise (A) the consignee of the results
(approval/disapproval) and (B) the contractor to withhold invoicing pending attachment to its
invoice of the approved test/evaluation results.
(xii) The copy of the DD Form 250 required to support payment for
destination acceptance (top copy of the four with shipment) or Alternative Release Procedure
(ARP) origin acceptance (additional copy furnished to the Quality Assurance Representative
(QAR)) shall be identified by entering "PAYMENT COPY" in approximately one-half-inch
outline-type letters with “FORWARD TO BLOCK 12 ADDRESS" in approximately one-quarterinch letters immediately below. Do not obliterate any other entries.
(xiii) A double line shall be drawn completely across the form following
the last entry.
(s) Block 17 -- QUANTITY SHIP/REC'D.
(1) Enter the quantity shipped, using the unit of measure indicated in the contract
for payment. When a second unit of measure is used for purposes other than payment, enter the
appropriate quantity directly below in parentheses.
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(2) Enter a "Z" below the first digit of the quantity when the total quantity of the
item is delivered, including variations within contract terms; and all shortages on items previously
shipped short are delivered.
(3) If a replacement shipment is involved, enter below the first digit of the quantity
the letter "A" to designate first replacement, "B" for second replacement, and so forth. The final
shipment indicator "Z" shall not be used when a final line item shipment is replaced.
(t) Block 18 -- UNIT. Enter the abbreviation of the unit of measure indicated in the
contract for payment. When a second unit of measure is indicated in the contract for purposes
other than payment or is used for shipping purposes, enter the abbreviation of the second unit of
measure directly below in parentheses. Authorized abbreviations are listed in MIL-STD-129,
Marking for Shipping and Storage.
(u) Block 19 -- UNIT PRICE. Enter the unit price on all NASA copies whenever the
MIRR is used for voucher or receiving purposes.
(v)
Block 19.
Block 20 -- AMOUNT. Enter the extended amount when the unit price is entered in
(w) Block 21 -- CONTRACT QUALITY ASSURANCE. The words "conform to contract"
contained in the printed statements in Blocks A and B relate to contract obligations pertaining to
quality and to the quantity of the items on the report. The statements shall not be modified. Notes
taking exception shall be entered in Block 16 or on attached supporting documents with block
cross reference.
(1) "A. ORIGIN."
(i) The authorized Government representative shall—
(A) Place an "X" when applicable in the appropriate CQA and/or
acceptance box(es) to evidence origin CQA and/or acceptance. When the contract requires CQA at
destination in addition to origin CQA, an asterisk shall be entered at the end of the statement and
an explanatory note in Block 16;
(B) Sign and date; and
(C) Enter the typed, stamped, or printed name of the signer and
office code.
(2) "B. DESTINATION."
(i) When acceptance at origin is indicated in Block 21A, no entries shall be
made in Block 21B.
(ii) When acceptance or CQA and acceptance are at destination, the
authorized Government representative shall—
(A) Place an "X" in the appropriate box(es);
(B) Sign and date; and
(C) Enter the typed, stamped, or printed name of the signer and
office code.
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(x) Block 22 -- RECEIVER'S USE. This block shall be used by the receiving activity
(Government or contractor) to denote receipt, quantity, and condition. The receiving activity shall
enter in this block the date the supplies arrived. For example, when off-loading or in-checking
occurs subsequent to the day of arrival of the carrier at the installation, the date of the carrier's
arrival is the date received for purposes of this block.
(y) Block 23 -- CONTRACTOR USE ONLY. This block is provided and reserved for
contractor use.
1846.672-2 Consolidated shipments.
When individual shipments are held at the contractor's plant for authorized transportation
consolidation to a single destination on a single bill of lading, the applicable DD Forms 250 may
be prepared at the time of CQA or acceptance prior to the time of actual shipment (see Block 3).
1846.672-3 Multiple consignee instructions.
The contractor may prepare one MIRR when the identical item(s) of a contract is to be shipped to
more than one consignee, with the same or varying quantities, and the shipment requires origin
acceptance. Prepare the MIRR using the procedures in this subpart with the following changes:
(a) Blocks 2, 4, 13, and, if applicable, 14 - Enter “See Attached Distribution List.”
(b) Block 15 - The contractor may group item numbers for identical stock/part number and
description.
(c) Block 17 - Enter the “total” quantity shipped by item or, if applicable, grouped
identical items.
each;
(d) Use the DD Form 250c to list each individual “Shipped To” and “Marked For” with—
(1) Code(s) and complete shipping address and a sequential shipment number for
(2) Item number(s);
(3) Quantity;
(4) The FEDSTRIP requisition number and quantity for each when provided in the
contract or shipping instructions; and
(5) If applicable, bill of lading number and mode of shipment code.
1846.672-4 Correction instructions.
When, because of errors or omissions, it is necessary to correct the MIRR after distribution, it shall
be revised by correcting the original master and distributing the corrected form. The corrections
shall be made as follows:
(a) Circle the error and place the corrected information in the same block. If space is
limited, enter the corrected information in Block 16, referencing the error page and block.
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(b) When corrections are made to Blocks 15 or 17, enter the words "CORRECTIONS
HAVE BEEN VERIFIED" on page 1. The authorized Government representative shall date and
sign immediately below the statement. This verification statement and signature are not required
for other corrections.
(c) MIRRs shall not be corrected for Block 19 and 20 entries.
(d) Clearly mark pages of the MIRR requiring correction with the words “CORRECTED
COPY”, avoiding obliteration of any other entries. Even though corrections are made on
continuation sheets only, also mark page 1 "CORRECTED COPY".
(e) Page 1 and only those continuation pages marked "CORRECTED COPY" shall be
distributed to the initial distribution. A complete MIRR with corrections shall be distributed to
new addressee(s) created by error corrections.
1846.672-5 Packing list instructions.
Copies of the MIRR may be used as a packing list. The packing list copies shall be in addition to
the copies of the MIRR required for distribution (see 1846.673) and shall be marked "PACKING
LIST".
1846.672-6 Receiving instructions.
When the MIRR is used for receiving purposes, procedures shall be as prescribed by local
directives. If acceptance or CQA and acceptance of supplies are required upon arrival at
destination, see Block 21B for instructions.
1846.673 Distribution of DD Forms 250 and 250c.
(a) DD Forms 250 and 250c shall be distributed in accordance with installation procedures.
(b) The contractor is responsible for distributing DD Forms 250 and 250c in accordance
with the provisions of the contract or instructions of the contracting officer.
1846.674 Contract clause.
The contracting officer shall insert the clause at 1852.246-72, Material Inspection and Receiving
Report, in solicitations and contracts when there will be separate and distinct deliverables, even if the
deliverables are not separately priced. The clause is not required for —
(1) Contracts awarded using simplified acquisition procedures;
(2) Negotiated subsistence contracts; or
(3) Contracts for which the deliverable is a scientific or technical report. Insert
number of copies and distribution instructions in paragraph (a).
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Subpart 1846.7—Warranties
1846.703 Criteria for use of warranties.
1846.703-70 Additional criteria.
In deciding whether to use a warranty clause, at least the following factors shall be considered in
addition to those at FAR 46.703:
(a) Cost of correction or replacement, either by the contractor or by another source, in the
absence of a warranty;
(b) The warranty as a deterrent against the furnishing of defective or nonconforming
supplies;
(c) Whether the contractor's quality program is reliable enough to provide adequate
protection without a warranty, or, if not, whether a warranty would cause the contractor to institute
an effective quality program;
(d) Reliance on "brand-name" integrity; and
(e) Whether a warranty is regularly given for a commercial component of a more complex
end item.
1846.704 Authority for use of warranties.
(1) A warranty clause may be used when it is found to be in the best interests of the
Government, after an analysis of the factors listed in 1846.703-70 and FAR 46.703.
(2) Except for the warranty of commercial items (see FAR 12.404 and 46.709), and
warranties contained in Federal, military, or construction specifications, the decision to use a
warranty clause or to include a warranty provision in a specification other than a Federal, military,
or construction specification shall be made only upon the written authorization of the procurement
officer or a designee. This decision may be made either for individual acquisitions or classes of
acquisitions.
(3) Warranties required by applicable architect-engineer specifications shall be included in
construction contracts.
1846.770 Administration.
When notified of a defect in warranted items, the contracting officer should ascertain whether the
warranty is currently in effect and ensure that the contractor is given proper and timely notice of
the defect.
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Subpart 1846.70 — Counterfeit Electronic Part Detection and Avoidance.
1846.7000 Scope of subpart.
This subpart implements section 823(c), the NASA Transition Authorization Act of 2017 (Pub. L.
115-10).
(a) Prescribes policy and procedures for preventing counterfeit electronic parts and suspect
counterfeit electronic parts from entering the supply chain when procuring electronic parts or end
items, components, parts, or assemblies that contain electronic parts; and
(b) Applies to electronic parts when their presence in the NASA supply chain poses a
danger to United States government astronauts, crew, and other personnel and a risk to the agency
overall.
(c) Contracting officers, in consultation with the requiring activity, are responsible for
making a determination concerning the applicability of this section and the appropriate use of the
prescribed contract clauses.
[PN 20-08]
1846.7001 Definitions.
“Authentic part” means a new and unmodified part produced by the original component
manufacturer, or a source with the express written authority of the original manufacturer or current
design activity, including an authorized aftermarket manufacturer.
“Authentication” means a process to verify that a part is not counterfeit or suspect counterfeit.
“Authorized aftermarket manufacturer” means an organization that fabricates an electronic part
under a contract with, or with the express written authority of, the original component
manufacturer based on the original component manufacturer’s designs, formulas, and/or
specifications.
“Authorized supplier” means a supplier, distributor, or an aftermarket manufacturer with a
contractual arrangement with, or the express written authority of, the original manufacturer or
current design activity to buy, stock, repackage, sell, or distribute the part.
“Contract manufacturer” means a company that produces goods under contract for another
company under the label or brand name of that company.
“Contractor-approved supplier” means a supplier that does not have a contractual agreement with
the original component manufacturer, but has been qualified as trustworthy by a contractor or
subcontractor as having met prescribed counterfeit electronic part detection and avoidance system
criteria using established counterfeit prevention industry standards and processes.
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“Covered contractor” means a contractor that supplies an electronic part, or a product that contains
an electronic part, to NASA.
“Counterfeit electronic part” means an unlawful or unauthorized reproduction, substitution, or
alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an
authentic, unmodified electronic part from the original manufacturer, or a source with the express
written authority of the original manufacturer or current design activity, including an authorized
aftermarket manufacturer. Unlawful or unauthorized substitution includes used electronic parts
represented as new, or the false identification of grade, serial number, lot number, date code, or
performance characteristics.
“Electronic part” means a discrete electronic component, including a microcircuit, transistor,
capacitor, resistor, or diode, that is intended for use in a safety or mission critical application.
“Original component manufacturer” means an organization that designs and/or engineers a part
and is entitled to any intellectual property rights to that part.
“Original equipment manufacturer” means a company that manufactures products that it has
designed from purchased components and sells those products under the company's brand name.
“Original manufacturer” means the original component manufacturer, the original equipment
manufacturer, or the contract manufacturer.
“Suspect counterfeit electronic part” means an electronic part for which credible evidence
(including, but not limited to, visual inspection or testing) provides reasonable doubt that the
electronic part is authentic.
[PN 20-08]
1846.7002 Policy.
The government and its contractors and subcontractors at all tiers are required to obtain electronic
parts as prescribed in this section, whether the electronic parts are procured as discrete items or
contained in an assembly.
(a) The covered contractor and subcontractors at all tiers shall obtain electronic parts that
are in production or currently available in stock from—
(1) The original manufacturers of the parts;
(2) Their authorized dealers; or
(3) Suppliers who obtain such parts exclusively from the original
manufacturers of the parts or their authorized dealers.
(b) If electronic parts are not in production or currently available in stock from suppliers as
stated in paragraph (a) of this section, the covered contractor shall obtain electronic parts from
NASA identified suppliers or contractor-approved suppliers for which—
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parts; and
of parts; and
(1) The covered contractor assumes responsibility for the authenticity of
(2) The covered contractor performs inspection, testing and authentication
(3) The covered contractor obtains traceability information for the
electronic parts (e.g., data code, lot code, serial number) and provides this information to the
contracting officer upon request; and
(4)
The selection of contractor-approved suppliers is subject to review
and audit by the contracting officer.
(c) The covered contractor, including subcontractors, shall notify the applicable NASA
contracting officer in writing not later than 30 calendar days after the date the covered contractor
becomes aware, or has reason to suspect, that any end item, component, part or material contained
in supplies purchased by NASA, or purchased by a covered contractor or subcontractor for
delivery to, or on behalf of, NASA, contains a counterfeit electronic part or suspect counterfeit
electronic part.
[PN 20-08]
1846.7003 Contract clause.
For acquisitions with covered contractors as defined in section 1846.7001, use the clause at
1852.246-74, Contractor Counterfeit Electronic Part Detection and Avoidance, in solicitations and
contracts, when procuring—
(a) Electronic parts;
(b) End items, components, parts, or assemblies containing electronic parts; or
(c) Services, if the covered contractor will supply electronic parts or components, parts, or
assemblies containing electronic parts as part of the service.
[PN 20-08]
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Part 1847—Transportation
PART 1847
TRANSPORTATION
TABLE OF CONTENTS
SUBPART
1847.2
1847.200
1847.200-70
1847.200-71
1847.207-10
CONTRACTS FOR TRANSPORTATION OR FOR
TRANSPORTATION-RELATED SERVICES
Scope of subpart.
Definitions.
Acquisition of Aircraft and Aircraft Services.
Discrepancies incident to shipments.
SUBPART 1847.3
1847.304
1847.304-3
1847.304-370
1847.305
1847.305-10
1847.305-13
1847.305-70
TRANSPORTATION IN SUPPLY CONTRACTS
Determination of delivery terms.
Shipments from CONUS for overseas delivery.
NASA export privilege.
Solicitation provisions, contract clauses, and transportation factors.
Packing, marking, and consignment instructions.
Transit arrangements.
NASA contract clauses.
SUBPART
1847.506
1847.5
OCEAN TRANSPORTATION BY U.S.-FLAG VESSELS
Procedures.
SUBPART
1847.7001
1847.70
PROTECTION OF THE FLORIDA MANATEE
Contract clause.
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Part 1847—Transportation
PART 1847
TRANSPORTATION
Subpart 1847.2—Contracts for Transportation or for
Transportation-Related Services
1847.200 Scope of subpart.
1847.200-70 Definitions.
As used in this subpart, consistent with 41 C.F.R. 102-33.20 “Government aircraft” means manned or unmanned aircraft operated for the exclusive use of an
executive agency. Government aircraft include—
(1) Federal aircraft (see definition for “Federal aircraft” in this section); and
(2) Aircraft hired as commercial aviation services (CAS). CAS include—
(i) Leased aircraft for exclusive use for an agreed upon period of time (The
acquiring executive agency operates and maintains the aircraft);
(ii) Capital lease aircraft for which the leasing agency holds an option to take title;
(iii) Charter aircraft for hire under a contractual agreement for one-time exclusive
use that specifies performance (The commercial source operates and maintains a charter aircraft);
(iv) Rental aircraft obtained commercially under an agreement in which the
executive agency has exclusive use for an agreed upon period of time (The executive agency
operates, but does not maintain, a rental aircraft);
(v) Contracting for full services (i.e., aircraft and related aviation services for
exclusive use); or
(vi) Obtaining related aviation services (i.e., services but not aircraft) by
commercial contract, except those services acquired to support a Federal aircraft.
“Federal aircraft” means manned or unmanned aircraft that an executive agency owns (i.e., holds
title to) or borrows for any length of time. Federal aircraft include—
(1) Bailed aircraft: Federal aircraft that is owned by one executive agency, but is in the
custody of and operated by another executive agency under an agreement that may or may not
include cost-reimbursement. Bailments are executive agency to executive agency agreements
and involve only aircraft, not services;
(2) Borrowed aircraft: aircraft owned by a non-executive agency and provided to an
executive agency for use without compensation. The executive agency operates and maintains
the aircraft;
(3) Forfeited aircraft: aircraft acquired by the Government either by summary process or
by order of a court of competent jurisdiction pursuant to any law of the United States;
(4) Loaned aircraft: Federal aircraft owned by an executive agency, but in the custody of
a non-executive agency under an agreement that does not include compensation; and
(5) Owned aircraft: an aircraft for which title or rights of title are vested in an executive
agency.
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Part 1847—Transportation
“Unmanned Aircraft Systems (UAS)” means an unmanned aircraft and its associated elements
related to safe operations, which may include but not be limited to control stations, data
communications links, support equipment, payloads, flight termination systems, and
launch/recovery equipment. The unmanned aircraft (UA) is the flying component of the system,
flown by a pilot via a ground control system, or autonomously through the use of an on-board
computer, communication links, and any additional equipment necessary for the unmanned
aircraft to operate safely. The Federal Aviation Administration issues either an Airworthiness
Directive (AD) or a Certificate of Authorization (COA) for the entire system, not just the flying
component of the system. Reporting of UAS costs and flight hours is only required if the
accumulated costs for acquisition and operations meets the agency's threshold for capitalization,
and the UAS has a useful life of two years or more.
[PN 18-02]
1847.200-71 Acquisition of Aircraft and Aircraft Services.
(a) Program and project coordination with the Center Flight Operations Office is
required for the acquisition of Government aircraft or aircraft services, including federal aircraft,
commercial aviation services (CAS) and unmanned aircraft systems (UAS).
(b) Prior to releasing any solicitation or awarding any contract for aircraft or aircraft
services, the requiring office shall obtain concurrence from the Center Flight Operations office
utilizing the NASA Form 1707, that the contemplated acquisition complies with NASA aviation
safety program requirements stipulated in NPD 7900.4, NASA Aircraft Operations Management,
and NPR 7900.3, Aircraft Operations Management. If the Center does not have a Flight
Operations office, concurrence from another Center’s Flight Operations office designated by the
Aircraft Management Division under the Assistant Administrator for the Office of Strategic
Infrastructure at NASA Headquarters is required.
(c) Requiring offices shall use the mandatory contracts at A-102.7 for all aircraft
operational support service requirements.”
[PN 18-02]
1847.207-10 Discrepancies incident to shipments.
NASA personnel shall also report discrepancies and adjust claims for loss of and damage to
Government property in transit in accordance with NPR 6200.1, NASA Transportation and
General Traffic Management.
Subpart 1847.3—Transportation in Supply Contracts
1847.304 Determination of delivery terms.
1847.304-3 Shipments from CONUS for overseas delivery.
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Part 1847—Transportation
1847.304-370 NASA export privilege.
NASA has export licensing privileges for moving commodities to foreign destinations.
Contracting officers shall request the advice of the Center Export Administrator to ensure full and
appropriate use is made of these privileges.
1847.305 Solicitation provisions, contract clauses, and transportation factors.
1847.305-10 Packing, marking, and consignment instructions.
In contracts providing for delivery f.o.b. origin and shipment under Government bills of lading,
consignment instructions may be limited to the mail address of the consignee (receiving activity),
provided the contract instructions state: "Shipment other than mail shall be consigned as indicated
on the Government bill of lading furnished to the contractor."
1847.305-13 Transit arrangements.
(a)(3)(ii) When the provision at FAR 52.247-56 is used, the solicitation shall state that
offers will be evaluated on the basis of the lowest overall cost to the Government, including
transportation costs to NASA from point of origin to final destination, taking into account any
applicable transit privileges.
1847.305-70 NASA contract clauses.
(a) The contracting officer may insert a clause substantially as stated at 1852.247-72,
Advance Notice of Shipment, in solicitations and contracts when the f.o.b. point is destination and
special Government assistance is required in the delivery or receipt of the items.
(b) The contracting officer shall insert a clause substantially as stated at 1852.247-73,
Bills of Lading, in f.o.b. origin solicitations and contracts.
Subpart 1847.5—Ocean Transportation by U.S.-Flag Vessels
1847.506 Procedures.
(d)(i) The transportation officer in each installation shall establish and maintain a register
to reflect adherence to the Cargo Preference Act. The register shall contain data related to
shipments made by the installation and by NASA contractors. Where no transportation officer is
available, it shall be maintained by the contracting office. The register shall contain pertinent
details of ocean shipments including, but not limited to, the ports of origin and destination of
shipments, commodity descriptions, gross weight, freight revenue, name of vessel, operator of
vessel, and date of loading. The register shall be maintained current and organized so that
adherence to the Cargo Preference Act can be ascertained at all times. To the maximum
practicable extent, compliance with the 50-percent minimum requirements of the Cargo Preference
Act shall be maintained on a quarter-year basis; any deficiencies in maintaining compliance shall
be corrected by the end of the calendar year.
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Part 1847—Transportation
(ii) On the basis of the registers maintained under paragraph (d)(i) of this section,
the official maintaining the register shall submit quarterly reports reflecting ocean shipments to the
Division of National Cargo, Office of Market Development, Maritime Administration, Department
of Transportation, Washington, DC, 20590. Negative reports are required when applicable.
Subpart 1847.70—Protection of the Florida Manatee
1847.7001 Contract clause.
The contracting officer shall insert the clause at 1852.247-71, Protection of the Florida Manatee, in
solicitations and contracts when deliveries or vessel operations, dockside work, or disassembly
functions under the contract will involve use of waterways inhabited by manatees. The clause shall
also be included in applicable subcontracts (including vendor deliveries).
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NASA Federal Acquisition Regulation Supplement
Part 1848—Value Engineering
PART 1848
VALUE ENGINEERING
(September 2015)
TABLE OF CONTENTS
SUBPART
1848.102
1848.103
1848.104
1848-104-3
1848.1
POLICIES AND PROCEDURES
Policies.
Processing value engineering change proposals.
Sharing arrangements.
Sharing collateral savings.
SUBPART
1848.201
1848.2
CONTRACT CLAUSES
Clauses for supply or service contracts.
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Part 1848—Value Engineering
PART 1848
VALUE ENGINEERING
Subpart 1848.1—Policies and Procedures
1848.102 Policies.
(a) The Senior Procurement Executive is the approval authority for exemptions. In
accordance with OMB Circular A-131 and the Chief Financial Officers Act of 1990 (Public Law
101-576) (CFO Act), the Director of the Procurement Management and Policy Division (PMPD) is
the Senior Accountable Official (SAO) responsible for coordinating, overseeing, and ensuring the
appropriate consideration and use of Value Engineering as set forth in FAR Part 48.
(f) In calculating instant or future contract savings on firm-fixed-price contracts when the
parties have not set out a specific figure for profit, the contracting officer shall use the total contract
price as the basis for calculating the savings.
[PN 20-03]
1848.103 Processing value engineering change proposals.
(a) Upon receipt of a VECP, the contracting officer shall promptly forward it to the
technical officer responsible for the contract with the following information:
(i) Date of VECP receipt.
(ii) Date for notifying the contractor of VECP acceptance or rejection.
(iii) Notification of the potential for awarding concurrent, future, or collateral
savings to the contractor if the VECP is accepted.
(iv) Request for a technical evaluation, with complete rationale for recommended
acceptance or rejection, to include the following if acceptance is recommended:
(A) An estimate of the type of savings, Government costs, etc., that can be
expected from its acceptance.
(B) A procurement request setting forth the specification changes to be
used in any contract modification accepting the VECP in whole or in part.
(C) Additional funds if acceptance of the VECP results in negative instant
contract savings.
(v) Technical evaluation due date.
1848.104 Sharing arrangements.
1848.104-3 Sharing collateral savings.
(a) The contracting officer is authorized to make the determination that the cost of
calculating and tracking collateral savings will exceed the benefits to be derived.
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Part 1848—Value Engineering
Subpart 1848.2--Contract Clauses
1848.201 Clauses for supply or service contracts.
(a)(6) The Senior Procurement Executive is the approval authority for exemptions.
(b) The contracting officer shall not insert the clause at FAR 52.248-1, Value Engineering,
either with or without its Alternates, in an R&D contract where the statement of work is essentially
an incorporation by reference of the prospective contractor's proposal. If any other part of the
statement of work in such a contract reflects a Government specification that might benefit from
application of VE techniques, the contracting officer shall consider inserting the VE incentive
clause at FAR 52.248-1 with any applicable Alternate(s), and establish the applicability of the
clause to that part.
(c) Except as prescribed in paragraph (b) of this section, the contracting officer shall insert
the clause at FAR 52.248-1 with its Alternate I in initial production contracts for major systems,
and major systems R&D contracts for full-scale development, unless the contracting officer
determines in writing that its use is inappropriate. Use of Alternate I is appropriate for an R&D
major systems contract only if the contract specifications contain detailed requirements that lend
themselves to VE.
(d) The contracting officer shall insert the clause at FAR 52.248-1 with its Alternate II
under the conditions prescribed in paragraph (c) of this section.
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Part 1849—Termination of Contracts
PART 1849
TERMINATION OF CONTRACTS
TABLE OF CONTENTS
SUBPART 1849.1
1849.101
1849.101-70
1849.101-71
1849.102
1849.102-70
1849.102-71
1849.105
1849.105-70
1849.106
1849.110
1849.110-70
1849.111
GENERAL PRINCIPLES
Authorities and responsibilities.
NASA authorities and responsibilities.
Termination authority.
Notice of termination.
Prior notification of significant contract terminations.
Prior clearance of contract terminations resulting from a major
breach of safety or security.
Duties of termination contracting officer after issuance of notice
of termination.
Termination docket checklist.
Fraud or other criminal conduct.
Settlement negotiation memorandum.
Memorandum contents.
Review of proposed settlements.
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Part 1849—Termination of Contracts
PART 1849
TERMINATION OF CONTRACTS
Subpart 1849.1—General Principles
1849.101 Authorities and responsibilities.
1849.101-70 NASA authorities and responsibilities.
(a) Installations shall appoint a termination contracting officer (TCO) (see FAR 2.101) to
perform specific duties relating to contract termination as one of that individual's primary
functions. In addition to the responsibilities described in this part and FAR part 49, such duties
should include—
(1) Reviewing NASA Forms 1412, Termination Authority;
(2) Reviewing the contract and related documents before issuing the notice of
termination, to ensure protection of the Government's rights under the contract; and
(3) Issuing notices of termination, reinstatement, and rescission to contractors.
(b) Contracting offices shall utilize the services of the Department of Defense and other
Government agencies whenever possible to administer and negotiate settlement of terminated
contracts. Delegation of the negotiation of termination settlement function shall be made in
accordance with FAR subpart 42.2 and subpart 1842.2.
[PN 18-06]
1849.101-71 Termination authority.
NASA Form 1412, Termination Authority, is prescribed for use by NASA installations when
initiating action to terminate a contract for convenience or default. The project manager or the
activity initiating the procurement request should initiate the action by completing NASA Form
1412 and submitting it to the contracting officer.
1849.102 Notice of termination.
1849.102-70 Prior notification of significant contract terminations.
(a) If the contracting officer considers that a contract termination at any dollar amount is of
significant interest to Headquarters or has agency public information implications, the
Headquarters Office of Procurement, Procurement Strategic Operations Division, should be
contacted to discuss a possible Administrator Notification of a Significant Contract Action
(ANOSCA) and/or NASA Headquarters Public Announcements (PA). See 1805.303-71.
[PN 18-06]
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Part 1849—Termination of Contracts
1849.102-71 Prior clearance of contract terminations resulting from a major breach of
safety or security.
The Senior Procurement Executive, through the Programs Operations Division, must be notified
prior to taking any action to terminate because of a major breach of safety or security.
1849.105 Duties of termination contracting officer after issuance of notice of termination.
1849.105-70 Termination docket checklist.
The termination contracting officer shall complete NASA Form 1413, Termination Docket
Checklist.
1849.106 Fraud or other criminal conduct.
If the Terminating Contracting Officer (TCO) suspects fraud or other criminal conduct when
negotiating termination settlements, the TCO shall notify the Suspending and Debarring official in
accordance with the procedures in 1809.406-3.
[PN 18-06]
1849.110 Settlement negotiation memorandum.
1849.110-70 Memorandum contents.
The TCO shall include the following information in the settlement negotiation memorandum.
Contractors and subcontractors are encouraged to use this format appropriately modified for
subcontract settlements submitted for review and approval.
(a) General information.
(1) Identification.
(i) Name and address of the contractor and any pertinent affiliation between
prime contractors and subcontractors relative to the overall settlement.
(ii) Names and titles of contractor and Government personnel who
participated in the negotiation.
(2) Description of terminated contract.
(i) Contract number
(ii) Date of award;
(iii) Contract type;
(iv) General description of contract items;
(v) Total contract price; and
(vi) Applicable contract termination provisions and clause.
(3) Termination notice.
(i) Date of the termination notice;
(ii) Effective date of termination;
(iii) Scope and nature of termination (complete or partial);
(iv) Items terminated;
(v) Unit prices;
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(vi) Total price of items terminated for fixed-price contracts or the
estimated cost and fee applicable to items terminated for cost-reimbursement type contracts;
(vii) Whether the termination notice was amended and, if so, why;
(viii) Whether the contractor stopped work on the termination effective date
(if it did not, furnish details) and whether subcontracts were terminated promptly;
(ix) Any redirection of common items and return of goods to the
contractor's suppliers; and
(x) Extent of contract performance and timely deliveries by the contractor.
(b) Contractor's settlement proposal.
(1) Date and amount. Date and location where the claim was filed and its gross
amount (if interim settlement proposals were filed, information shall be furnished for each claim).
(2) Basis of claim. E.g., inventory, total cost, or other basis, including an
explanation of any approvals granted in connection with submission on other than an inventory
basis.
(3) Examination of proposal. Types of reviews made and by whom (audit,
engineering, legal, or other).
(c) Tabular summary of contractor's claim and the settlement. The cost elements/items,
the amounts claimed, the Government recommended position (including auditor, field, and
technical personnel recommendations), and the negotiated settlement amounts. This summary
shall include, if appropriate, previously reimbursed and unreimbursed costs applicable to the prime
contractor and subcontractor, previous profit/fees paid and unpaid; settlement cost less disposal
credit or other credits, and a recapitulation of previous settlements. The summary of the negotiated
settlement shall include the amount claimed and allowed for contractor and/or subcontractor
changes, disposal, prior payment credits, and contract price.
(d) Settlement narrative summary.
(1) Contractor's cost.
(2) Profit/Fee.
(3) Settlement expenses not included in the audit.
(4) Number and dollar amount of any subcontractor settlements approved by the
TCO and concluded by the contractor under delegation of authority.
(5) Total amount of any partial payments.
(6) Total amount of unliquidated progress or advance payments.
(7) Claims of the Government against the contractor included in settlement
agreement reservations.
(8) Assignments, including the name and address of each assignee.
(9) Disposal credits.
(10) Status of plant clearance actions and all inventory sold, retained, or otherwise
properly disposed of in accordance with applicable plant clearance regulations, including a
consolidated closing plant clearance report, if applicable.
(11) Status of Government property accountability.
(12) Disposition of any special tooling, if applicable.
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(13) Proposed reservations of rights to the Government or to the contractor.
(e) Recommendation. Amount of the gross settlement recommended and TCO statement
that it is fair and reasonable to the Government and the contractor.
(f) TCO Signature and date.
[PN 18-06]
1849.111 Review of proposed settlements.
(1) Settlements shall be reviewed in accordance with center-prescribed procedures.
(2) The TCO may authorize the contract administration office cognizant of a lower-tier
subcontractor to grant approval or ratification of proposed subcontractor settlements described in
FAR 49.108-3(c) that are first reviewed and referred by the prime contractor to the TCO. This
procedure is not applicable to settlements between the contractor and its first tier subcontractors.
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NASA Federal Acquisition Regulation Supplement
Part 1850—Extraordinary Contractual Actions and the Safety Act
PART 1850
EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT
TABLE OF CONTENTS
SUBPART 1850.1
1850.102
1850.102-2
1850.103
1850.103-5
1850.103-570
1850.103-6
1850.103-670
1850.104
1850.104-2
1850.104-3
1850.104-370
1850.104-371
1850.104-4
EXTRAORDINARY CONTRACTUAL ACTIONS
Delegation of and limitations of exercise of authority.
Contract adjustment boards.
Contract adjustments.
Processing cases.
Submission of request to the Contract Adjustment Board.
Disposition.
Implementation of the Contract Adjustment Board's decision.
Residual powers.
General.
Special procedures for unusually hazardous or nuclear risks.
Subcontractor indemnification requests.
Indemnification for NASA Launch Services and Reentry Services.
Contract clause.
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Part 1850—Extraordinary Contractual Actions and the Safety Act
PART 1850
EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT
Subpart 1850.1—Extraordinary Contractual Actions
1850.102 Delegation of and limitations of exercise of authority.
1850.102-2 Contract adjustment boards.
14 CFR part 1209, subpart 3, Contract Adjustment Board, establishes the Contract Adjustment
Board (CAB) as the approving authority to consider and dispose of requests from NASA
contractors for extraordinary contractual actions.
1850.103 Contract adjustments.
1850.103-5 Processing cases.
1850.103-570 Submission of request to the Contract Adjustment Board.
(a) After investigating the facts and issues relevant to the contractor's request, the
contracting officer shall forward the request to the Associate General Counsel for Contracts and
Procurement Law, including in the forwarding letter—
(1) The nature of the case;
(2) The recommended disposition; and
(3) If contractual action is recommended, the contracting officer's opinion that the
action will facilitate the national defense.
(b) The forwarding letter shall enclose the contractor's request, all supporting material
submitted by the contractor, and any material the contracting officer has obtained while
investigating the facts and issues relevant to the request. Any classified information in the material
forwarded shall be so identified.
(c) Electronic submittal is preferred for unclassified material.
1850.103-6 Disposition.
1850.103-670 Implementation of the Contract Adjustment Board's decision.
(a) The contracting officer shall take action authorized in the CAB’s decision.
(b) Immediately upon execution, including any required Headquarters approval, of a
contract or contract modification or amendment implementing the CAB decision, the contracting
officer shall forward a copy of the contractual document to the Associate General Counsel for
Contracts and Procurement Law.
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1850.104 Residual powers.
1850.104-2 General.
(a) Requests for the exercise of residual powers shall be sent to the Headquarters Office of
Procurement, Program Operations Division for review and processing. The NASA Administrator
is the approval authority for the Memorandum of Decision.
1850.104-3 Special procedures for unusually hazardous or nuclear risks.
(a) Indemnification requests.
(1) Contractor indemnification requests must be submitted to the cognizant
contracting officer for the contract for which the indemnification clause is requested. The request
shall be submitted six (6) months in advance of the desired effective date of the requested
indemnification in order to allow sufficient time for the request to be reviewed, analyzed, and
approved by the Agency. Contractors shall submit a single request and shall ensure that
duplicate requests are not submitted by associated divisions, subsidiaries, or central offices of the
contractor.
(ii) The contractor’s request for indemnification must identify a sufficient
factual basis for indemnification by explaining specifically what work activities under the
contract create the unusually hazardous or nuclear risk and identifying the timeframes in which
the risk would be incurred.
(iii) The contractor shall also provide evidence, such as a certificate of
insurance or other customary proof of insurance, that such insurance is either in force or is
available and will be in force during the indemnified period.
(b) Action on indemnification requests.
(1) If recommending approval, the contracting officer shall forward the required
information to the NASA Headquarters Office of Procurement, Program Operations Division,
along with the following:
(i) For contracts of five years duration or longer, a determination, with
supporting rationale, whether the indemnification approval and insurance coverage and premiums
should be reviewed for adequacy and continued validity at points in time within the extended
contract period.
(ii) The specific definition of the unusually hazardous risk to which the
contractor is exposed in the performance of the contract(s), including specificity about which
activities present such risk and the anticipated timeframes in which the risk will be incurred;
(iv) A complete discussion of the contractor's financial protection program;
and
(vi) The extent to, and conditions under, which indemnification is being
approved for subcontracts.
(2) The NASA Administrator is the approval authority for using the indemnification clause
in a contract by a Memorandum of Decision.
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(4)(ii) If approving subcontractor indemnification, the contracting officer shall
document the file with a memorandum for record addressing the items set forth in FAR 50.1043(b) and include an analysis of the subcontractor's financial protection program. In performing this
analysis, the contracting officer shall take into consideration the availability, cost, terms and
conditions of insurance in relation to the unusually hazardous risk.
1850.104-370 Subcontractor indemnification requests.
Subcontractors shall submit requests for indemnification to the prime contractor and through
higher tier subcontractor(s), as applicable. If the prime contractor agrees an indemnity clause
should be flowed down to the subcontractor, the prime contractor shall forward its written request
for subcontractor indemnification to the cognizant contracting officer for approval in accordance
with FAR 50.104-3. The prime contractor's request shall provide information responsive to
1850.104-3, FAR 50.104-3 and FAR 50.104-3(b)(1)(i), (ii), (iv), (v), and (vii). The agreed upon
definition of the unusually hazardous risk to be incorporated into the subcontract shall be the same
as that incorporated in the prime contract.
1850.104-371 Indemnification for NASA Launch Services and Reentry Services.
(a) Section 305 of the NASA Transition Authorization Act of 2017 (P.L. 115-10) provides
NASA discretion to indemnify contractors providing launch services and re-entry services against
successful claims by third parties for death, bodily injury, or loss of or damage to property. In
addition, these claims may include reasonable expenses of litigation or settlement. These claims
may originate from launch services and reentry services carried out under the contract that the
contract defines as unusually hazardous or nuclear in nature.
(b) Contractor requests for indemnification in accordance with Section 305 of the NASA
Transition Authorization Act of 2017 (P.L. 115-10) shall be submitted to the cognizant contracting
officer for the contract for which the indemnification is requested and shall be submitted in
accordance with NFS 1850.104-3(a) and FAR 50.104-3(a). The contracting officer shall coordinate
any contractor requests received with Agency and Center legal offices and process the request in
accordance with NFS 1850.104-3(b) and FAR 50.104-3(b), with the exception of the requirement
at FAR 50.104-3(b)(iii).
(c) If recommending approval, the contracting officer shall forward the required
information to the Headquarters Office of Procurement, Procurement Strategic Operations
Division, in accordance with NFS 1850.104-3(b).
(d) The NASA Administrator is the approval authority by a Memorandum of Decision.
(e) Upon receipt of the Memorandum of Decision the contracting officer shall incorporate
the specific terms and conditions in Section H of the contract.
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(f) Subcontractor requests for indemnification in accordance with Section 305 of the
NASA Transition Authorization Act of 2017 (P.L. 115-10) shall be submitted and processed in
accordance with NFS 1850.104-370.
[PN 19-02]
1850.104-4 Contract clause.
The contracting officer shall obtain the NASA Administrator’s approval prior to including clause
52.250-1 in a contract.
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NASA Federal Acquisition Regulation Supplement
Part 1851—Use of Government Sources by Contractors
PART 1851
USE OF GOVERNMENT SOURCES BY CONTRACTORS
(Revised April 7, 2017)
TABLE OF CONTENTS
SUBPART
1851.1
CONTRACTOR USE OF GOVERNMENT SUPPLY
SOURCES
Authorization to use Government supply sources.
1851.2
CONTRACTOR USE OF INTERAGENCY FLEET
MANAGEMENT SYSTEM (IFMS) VEHICLES
Authorization.
Contract clause.
1851.102
SUBPART
1851.202
1851.205
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Part 1851—Use of Government Sources by Contractors
PART 1851
USE OF GOVERNMENT SOURCES BY CONTRACTORS
Subpart 1851.1--Contractor Use of Government Supply Sources
1851.102 Authorization to use Government supply sources.
(e) The contracting officer shall use substantially the following format for letters authorizing
contractor use of Government supply sources:
SUBJECT: Authorization to Lease, Rent, or Purchase from General Services Administration
(GSA) Supply Sources Necessary for the Performance of NASA Contract No._____________.
(Contractor's name) ________________
(Address) ________________________
(1) (Contractor Name) is hereby authorized to use GSA Supply Sources in performance of
Contract No. ______________ for the National Aeronautics and Space Administration as follows:
(i) The acquisition of supplies and/or services available for purchase by
Government agencies either directly from GSA stock or under Federal Supply Schedules subject to
the limitations set forth in this authorization.
(ii) The leasing or rental of equipment available for lease or rental by Government
agencies under Federal Supply Schedules subject to the limitations set forth in this authorization.
(2)(i) Purchase orders under GSA schedule contracts shall be placed in accordance with
the terms and conditions of the GSA schedule contract and this authorization. A copy of this
authorization shall be attached to each order (unless a copy was previously furnished to the GSA
contractor). All orders shall contain the following statement:
“This order is placed under written authorization from the National Aeronautics and Space
Administration dated
(*_____________). In the event of any inconsistency between the
terms and conditions of this order and those of the applicable GSA schedule/contract, the latter will
govern. This order contains only items required in performance of NASA Contract
____________.”
(ii) Orders for items in the GSA Supply Catalog shall be placed in accordance with
the Catalog and this authorization and shall include the address to which billings are to be sent.
Bills are not issued by GSA until after shipment has been made and should therefore be paid
promptly upon receipt of billings. Any necessary adjustments will be made by GSA subsequent to
payment.
(iii) Title to all property acquired by (Contractor Name) under this authorization
shall vest in the parties as provided in the contract, unless specifically provided for otherwise.
(3) Insert other provisions and restrictions, as necessary________________.
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(4) The authority hereby granted is not transferable or assignable.
(5) This Authorization expires ________________.
_________________________________
(Contracting Officer)
* Insert “a copy of which is attached”, “a copy of which you have on file”, or other suitable
language as appropriate.
(e)(3) Contracting officers shall follow the procedures to obtain activity address codes to
enable use of FEDSTRIP and MILSTRIP found in NPR 4100.1, NASA Supply Support and
Material Management.
Subpart 1851.2—Contractor Use of Interagency Fleet Management System (IFMS)
Vehicles
1851.202 Authorization.
(a) In accordance with NPR 6200.1, “NASA Transportation and General Traffic
Management”, the contracting officer shall confirm that the procurement request initiator has
received concurrence from the Center Transportation Officer/Traffic Manager before authorizing
a contractor to obtain Government-owned or -leased vehicles and related services.
1851.205 Contract clause.
When the clause at FAR 52.251-2 is included in a solicitation or contract, also include the clause
set forth at 1852.223-76.
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PART 1852
SOLICITATION PROVISIONS AND CONTRACT CLAUSES
TABLE OF CONTENTS
1852.000
SUBPART
1852.101
1852.103
1852.103-70
1852.104
Scope of part.
1852.1
SUBPART 1852.2
1852.203-70
1852.203-71
1852.204-75
1852.204-76
1852.208-81
1852.209-71
1852.209-72
1852.211-70
1852.213-70
1852.213-71
1852.214-70
1852.214-71
1852.214-72
1852.215-77
1852.215-78
1852.215-79
1852.215-81
1852.215-84
1852.215-85
1852.216-72
1852.216-73
1852.216-74
1852.216-75
1852.216-76
1852.216-77
1852.216-78
1852.216-80
INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES
Using Part 52.
Identification of provisions and clauses.
Identification of modified provisions and clauses.
Procedures for modifying and completing provisions and clauses.
TEXTS OF PROVISIONS AND CLAUSES
Display of Inspector General Hotline Posters.
Requirement to inform employees of whistleblower rights.
Security Classification Requirements.
Security Requirements for Unclassified Information
Technology Resources.
Restrictions on Printing and Duplicating.
Limitation of Future Contracting.
Reserved.
Packaging, Handling, and Transportation.
Offeror Representations and Certifications–Other Than
Commercial Items.
Evaluation—Other Than Commercial Items.
Caution to Offerors Furnishing Descriptive Literature.
Grouping for Aggregate Award.
Full Quantities.
Preproposal/Pre-bid Conference.
Make or Buy Program Requirements.
Price Adjustment for "Make-or-Buy" Changes.
Proposal Page Limitations.
Ombudsman.
Proposal Adequacy Checklist
Award Term.
Estimated Cost and Cost Sharing.
Estimated Cost and Fixed Fee.
Payment of Fixed Fee.
Award Fee for Service Contracts.
Award Fee for End Item Contracts.
Firm Fixed Price.
Task Ordering Procedure.
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1852.216-81
1852.216-83
1852.216-84
1852.216-85
1852.216-87
1852.216-88
1852.216-89
1852.216-90
1852.217-70
1852.217-71
1852.217-72
1852.219-11
1852.219-18
1852.219-73
1852.219-75
1852.219-77
1852.219-79
1852.219-80
1852.219-81
1852.219-82
1852.219-83
1852.219-84
1852.219-85
1852.223-70
1852.223-71
1852.223-72
1852.223-73
1852.223-74
1852.223-75
1852.223-76
1852.225-8
1852.225-70
1852.227-11
1852.227-14
1852.227-17
1852.227-19
1852.227-70
1852.227-71
1852.227-72
1852.227-84
1852.227-85
Estimated Cost.
Fixed Price Incentive.
Estimated Cost and Incentive Fee.
Estimated Cost and Award Fee.
Reserved.
Performance Incentive.
Assignment and Release Forms.
Allowability of legal costs incurred in connection with a
whistleblower proceeding.
Reserved.
Phased Procurement Using Down-Selection Procedures.
Phased Procurement Using Progressive Competition
Down-Selection Procedures.
Special 8(a) contract conditions
Notification of competition limited to eligible 8(a) concerns
Small Business Subcontracting Plan.
Individual Subcontracting Reports.
NASA Mentor-Protégé Program.
Mentor Requirements and Evaluation.
Limitation on Subcontracting – SBIR Phase I Program.
Limitation on Subcontracting – SBIR Phase II Program.
Limitation on Subcontracting – STTR Program.
Limitation of the Principal Investigator – SBIR Program.
Limitation of the Principal Investigator – STTR Program.
Conditions for Final Payment – SBIR and STTR Contracts.
Safety and Health Measures and Mishap Reporting.
Authorization for Radio Frequency Use.
Safety and Health (Short Form).
Safety and Health Plan.
Drug- and Alcohol-Free Workforce.
Major Breach of Safety or Security.
Federal Automotive Statistical Tool Reporting.
Duty-Free Entry of Space Articles.
Export Licenses.
Patent Rights--Retention by the Contractor (Short Form).
Rights in Data--General.
Reserved.
Commercial Computer Software--Restricted Rights.
New Technology.
Requests for Waiver of Rights to Inventions.
Designation of New Technology Representative and Patent
Representative.
Patent Rights Clauses.
Invention Reporting and Rights--Foreign.
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1852.227-86
1852.227-88
1852.228-70
1852.228-71
1852.228-75
1852.228-76
1852.228-78
1852.228-80
1852.228-81
1852.228-82
1852.231-70
1852.231-71
1852.232-70
1852.232-77
1852.232-79
1852.232-80
1852.232-81
1852.232-82
1852.233-70
1852.234-1
1852.234-2
1852.235-70
1852.235-71
1852.235-72
1852.235-73
1852.235-74
1852.236-71
1852.236-72
1852.236-73
1852.236-74
1852.236-75
1852.237-70
1852.237-71
1852.237-72
1852.237-73
1852.239-70
1852.241-70
1852.242-70
1852.242-71
1852.242-72
Commercial Computer Software--Licensing.
Government-furnished computer software and
related technical data
Aircraft Ground and Flight Risk.
Aircraft Flight Risks.
Minimum Insurance Coverage.
Cross-Waiver of Liability for International Space Station
Activities.
Cross-Waiver of Liability for Science or Space Exploration
Activities Unrelated to the International Space Station.
Insurance — Immunity from Tort Liability.
Insurance — Partial Immunity from Tort Liability.
Insurance — Total Immunity from Tort Liability.
Precontract Costs.
Determination of Compensation Reasonableness.
NASA Modification of FAR 52.232-12.
Limitation of Funds (Fixed-Price Contract).
Payment for On-Site Preparatory Costs.
Submission of Vouchers for Payment.
Contract Funding.
Submission of Requests for Progress Payments.
Protests to NASA.
Notice of Earned Value Management System.
Earned Value Management System.
Center for AeroSpace Information Technical Reports.
Key Personnel and Facilities.
Instructions for Responding to NASA Research
Announcements.
Final Scientific and Technical Reports.
Additional Reports of Work—Research and Development.
Additive or Deductive Items.
Bids with Unit Prices.
Hurricane Plan.
Magnitude of Requirement.
Partnering for Construction Contracts.
Emergency Evacuation Procedures.
Pension Portability.
Access to Sensitive Information.
Release of Sensitive Information.
Alternate Delivery Points.
Reserved.
Reserved.
Travel Outside of the United States.
Denied Access to NASA Facilities.
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1852.242-73
1852.242-78
1852.243-70
1852.243-71
1852.243-72
1852.244-70
1852.245–70
1852.245–71
1852.245–72
NASA Contractor Financial Management Reporting.
Emergency Medical Services and Evacuation.
Reserved.
Reserved.
Equitable Adjustments.
Geographic Participation in the Aerospace Program.
Contractor requests for Government-provided property.
Installation-accountable Government property.
Liability for Government property furnished for repair or
other services.
Financial reporting of NASA property in the custody of
contractors.
Identification and marking of Government equipment.
Property management changes.
List of Government property furnished pursuant to FAR
52.245–1.
List of Government property furnished pursuant to FAR
52.245–2.
Physical inventory of capital personal property
Records and disposition reports for Government property
with potential historic or significant real value.
Government property management information.
List of available Government property.
Occupancy management requirements.
Real property management requirements.
Reserved.
Government Contract Quality Assurance.
Material Inspection and Receiving Report.
Human Space Flight Item.
Contractor Counterfeit Electronic Part Detection and Avoidance.
Protection of the Florida Manatee.
Advance Notice of Shipment.
Bills of Lading.
1852.245–73
1852.245–74
1852.245–75
1852.245–76
1852.245–77
1852.245–78
1852.245–79
1852.245–80
1852.245–81
1852.245–82
1852.245–83
1852.246-70
1852.246-71
1852.246-72
1852.246-73
1852.246-74
1852.247-71
1852.247-72
1852.247-73
SUBPART
1852.300
1852.301
1852.3
PROVISION AND CLAUSE MATRIX
Scope of subpart
Solicitation Provisions and Contract Clauses (Matrix)
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PART 1852
SOLICITATION PROVISIONS AND CONTRACT CLAUSES
(Revised August 25, 2017)
1852.000 Scope of part.
This part, in conjunction with FAR Part 52—
(a) Sets forth the provisions and clauses prescribed in the NFS;
(b) Gives instructions for their use; and
(c) Presents a matrix listing the provisions and clauses applicable to each principal contract
type and/or purpose (e.g., fixed-price supply, cost-reimbursement research and development).
Subpart 1852.1—Instructions for Using Provisions and Clauses
1852.101 Using Part 52.
(b)(2)(i)(B) NASA contracting offices prescribing or developing clauses shall ensure that
the requirements of Subpart 1801.3 are met.
(e)(1) The NFS matrix in Subpart 1852.3 is formatted similarly to that in the FAR. The
first page of the NFS matrix contains a key to column headings, a dollar threshold chart, and
requirement symbols. To fully determine the applicability of a provision or clause in the "requiredwhen-applicable" and "optional" categories, Contracting Officers shall refer to the NFS text (cited
in the matrix) that prescribes its use.
(4) The NFS matrix may be reproduced by field installations for the purpose of
supplementing it with installation-developed provisions and clauses.
1852.103 Identification of provisions and clauses.
(b) Provisions and clauses prescribed by a field installation to satisfy its needs shall be
identified as stated in paragraphs (b)(i) and (ii) of this section. Articles, formats, and similar
language shall be treated as provisions and clauses for purposes of this section 1852.103.
(i) A provision or clause shall be numbered using a prefix, a base, and a suffix.
The prefix shall be an alphabetical abbreviation of the installation name (e.g., ARC, AFRC, GRC,
GSFC, JSC, KSC, LARC, MSFC, SSC, or SSPO). The base shall be a numeric value beginning
with "52.2," with the next two digits corresponding to the number of the FAR or NFS subject part
to which the provision or clause relates. The suffix shall be a hyphen and sequential number
assigned within each part. NASA installations shall use suffix numbers from -90 to -199. For
example, the first Johnson Space Center (JSC) provision or clause relating to Part 36 of the FAR or
NFS shall be JSC 52.236-90, the second JSC 52.236-91, and so forth. Provisions and clauses shall
be dated in accordance with FAR 52.101(f).
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examples:
(ii) Contracting officers shall identify provisions and clauses as in the following
(A) I.2 BID ENVELOPES (GSFC 52.214-90) (AUGUST 1987). This
example is applicable when identifying the title of provisions and clauses in solicitations and
contracts using the uniform contract format (UCF). The first number ("I.2") designates the UCF
section and the sequential clause within that section. "GSFC 52.214-90" specifies the clause
number.
(B) GSFC 52.214-90--Bid Envelopes (AUGUST 1987). This example is
applicable in all instances in which the provision or clause citation is not associated with the UCF
number.
(c) Contracting officers shall not number provisions and clauses developed for individual
acquisitions only. For example, "F.3 Delivery Procedures for Special Hardware" cites the third
clause in Section F of a contract using the UCF, but has no clause number or date identified with it,
indicating that the clause was developed for the particular contract it appears in.
1852.103-70 Identification of modified provisions and clauses.
When a FAR clause or provision is included in a solicitation or contract and the NFS prescribes a
modification, the title line shall identify the modification as shown below. This format shall be
used both for incorporation by reference and when using full text.
"52.232-28 Electronic Funds Transfer Payment Methods (APR 1989)--as modified by
NASA FAR Supplement 1832.908(a)"
1852.104 Procedures for modifying and completing provisions and clauses.
NFS provisions and clauses shall not be modified unless authorized by the NFS. When authorized,
contracting officers must comply with the procedures in FAR 52.104.
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Subpart 1852.2—Text of Provisions and Clauses
1852.203-70 Display of Inspector General Hotline Posters.
As prescribed in 1803.7001, insert the following clause:
DISPLAY OF INSPECTOR GENERAL HOTLINE POSTERS
(JUN 2001)
(a) The Contractor shall display prominently in common work areas within business
segments performing work under this contract, Inspector General Hotline Posters available under
paragraph (b) of this clause.
(b) Inspector General Hotline Posters may be obtained from NASA Office of Inspector
General, Code W, Washington, DC, 20546-0001, (202) 358-1220.
(End of clause)
1852.203-71 Requirement to inform employees of whistleblower rights.
As prescribed in 1803.970, use the following clause:
REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(AUG 2014)
(a) The Contractor shall inform its employees in writing, in the predominant native
language of the workforce, of contractor employee whistleblower rights and protections under 10
U.S.C. 2409, as described in subpart 1803.9 of the NASA FAR Supplement.
(b) The Contractor shall include the substance of this clause, including this paragraph (b),
in all subcontracts.
(End of clause)
1852.204-75 Security Classification Requirements.
As prescribed in 1804.404-70, insert the following clause:
SECURITY CLASSIFICATION REQUIREMENTS
(SEP 1989)
Performance under this contract will involve access to and/or generation of classified
information, work in a security area, or both, up to the level of ______________ [insert the
applicable security clearance level]. See Federal Acquisition Regulation clause 52.204-2 in this
contract and DD Form 254, Contract Security Classification Specification, Attachment _____
[Insert the attachment number of the DD Form 254].
(End of clause)
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See PCD 21-01 for clause deviation to 1852.204-76.
1852.204-76 Security Requirements for Unclassified Information Technology Resources.
As prescribed in 1804.470-4(a), insert the following clause:
SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION
TECHNOLOGY RESOURCES
(JAN 2011)
(a) The contractor shall protect the confidentiality, integrity, and availability of NASA
Electronic Information and IT resources and protect NASA Electronic Information from
unauthorized disclosure.
(b) This clause is applicable to all NASA contractors and sub-contractors that process,
manage, access, or store unclassified electronic information, to include Sensitive But
Unclassified (SBU) information, for NASA in support of NASA's missions, programs, projects
and/or institutional requirements. Applicable requirements, regulations, policies, and guidelines
are identified in the Applicable Documents List (ADL) provided as an attachment to the contract.
The documents listed in the ADL can be found at:
http://www.nasa.gov/offices/ocio/itsecurity/index.html. For policy information considered
sensitive, the documents will be identified as such in the ADL and made available through the
Contracting Officer.
(c) Definitions.
(1) IT resources means any hardware or software or interconnected system or
subsystem of equipment, that is used to process, manage, access, or store electronic information.
(2) NASA Electronic Information is any data (as defined in the Rights in Data
clause of this contract) or information (including information incidental to contract
administration, such as financial, administrative, cost or pricing, or management information)
that is processed, managed, accessed or stored on an IT system(s) in the performance of a NASA
contract.
(3) IT Security Management Plan. This plan shall describe the processes and
procedures that will be followed to ensure appropriate security of IT resources that are
developed, processed, or used under this contract. Unlike the IT security plan, which addresses
the IT system, the IT Security Management Plan addresses how the contractor will manage
personnel and processes associated with IT Security on the instant contract.
(4) IT Security Plan. This is a FISMA requirement; see the ADL for applicable
requirements. The IT Security Plan is specific to the IT System and not the contract. Within 30
days after award, the contractor shall develop and deliver an IT Security Management Plan to the
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Contracting Officer; the approval authority will be included in the ADL. All contractor
personnel requiring physical or logical access to NASA IT resources must complete NASA's
annual IT Security Awareness training. Refer to the IT Training policy located in the IT Security
Web site at https://itsecurity.nasa.gov/policies/index.html.
(d) The contractor shall afford Government access to the Contractor's and subcontractors'
facilities, installations, operations, documentation, databases, and personnel used in performance
of the contract. Access shall be provided to the extent required to carry out a program of IT
inspection (to include vulnerability testing), investigation and audit to safeguard against threats
and hazards to the integrity, availability, and confidentiality of NASA Electronic Information or
to the function of IT systems operated on behalf of NASA, and to preserve evidence of computer
crime.
(e) At the completion of the contract, the contractor shall return all NASA information
and IT resources provided to the contractor during the performance of the contract in accordance
with retention documentation available in the ADL. The contractor shall provide a listing of all
NASA Electronic information and IT resources generated in performance of the contract. At that
time, the contractor shall request disposition instructions from the Contracting Officer. The
Contracting Officer will provide disposition instructions within 30 calendar days of the
contractor's request. Parts of the clause and referenced ADL may be waived by the contracting
officer, if the contractor's ongoing IT security program meets or exceeds the requirements of
NASA Procedural Requirements (NPR) 2810.1 in effect at time of award. The current version of
NPR 2810.1 is referenced in the ADL. The contractor shall submit a written waiver request to
the Contracting Officer within 30 days of award. The waiver request will be reviewed by the
Center IT Security Manager. If approved, the Contractor Officer will notify the contractor, by
contract modification, which parts of the clause or provisions of the ADL are waived.
(f) The contractor shall insert this clause, including this paragraph in all subcontracts that
process, manage, access or store NASA Electronic Information in support of the mission of the
Agency.
(End of clause)
1852.208-81 Restrictions on Printing and Duplicating.
As prescribed in 1808.870, insert the following clause:
RESTRICTIONS ON PRINTING AND DUPLICATING
(NOV 2004)
(a) The Contractor may duplicate or copy any documentation required by this contract in
accordance with the provisions of the Government Printing and Binding Regulations, No. 26, S.
Pub 101-9, U.S. Government Printing Office, Washington, DC, 20402, published by the Joint
Committee on Printing, U.S. Congress.
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(b) The Contractor shall not perform, or procure from any commercial source, any printing
in connection with the performance of work under this contract. The term "printing" includes the
processes of composition, platemaking, presswork, duplicating, silk screen processes, binding,
microform, and the end items of such processes and equipment.
(c) The Contractor is authorized to duplicate or copy production units provided the
requirement does not exceed 5,000 production units of any one page or 25,000 units in the
aggregate of multiple pages. Such pages may not exceed a maximum image size of 10-3/4 by 141/4 inches. A "production unit" is one sheet, size 8-1/2 x 11 inches (215 x 280 mm), one side only,
and one color ink.
(d) This clause does not preclude writing, editing, preparation of manuscript copy, or
preparation of related illustrative material as a part of this contract, or administrative
duplicating/copying (for example, necessary forms and instructional materials used by the
Contractor to respond to the terms of the contract).
(e) Costs associated with printing, duplicating, or copying in excess of the limits in
paragraph (c) of this clause are unallowable without prior written approval of the Contracting
Officer. If the Contractor has reason to believe that any activity required in fulfillment of the
contract will necessitate any printing or substantial duplicating or copying, it immediately shall
provide written notice to the Contracting Officer and request approval prior to proceeding with the
activity. Requests will be processed by the Contracting Officer in accordance with the provisions
of the Government Printing and Binding Regulations, NFS 1808.802, and NPR 1490.5, NASA
Procedural Requirements for Printing, Duplicating, and Copying Management.
(f) The Contractor shall include in each subcontract which may involve a requirement for
any printing, duplicating, and copying in excess of the limits specified in paragraph (c) of this
clause, a provision substantially the same as this clause, including this paragraph (f).
(End of clause)
1852.209-71 Limitation of Future Contracting.
As prescribed in 1809.507-2, the contracting officer may insert a clause substantially as follows in
solicitations and contracts, in compliance with FAR 9.507-2:
LIMITATION OF FUTURE CONTRACTING
(DEC 1988)
(a) The Contracting Officer has determined that this acquisition may give rise to a
potential organizational conflict of interest. Accordingly, the attention of prospective offerors is
invited to FAR Subpart 9.5—Organizational Conflicts of Interest.
(b) The nature of this conflict is [describe the conflict].
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(c) The restrictions upon future contracting are as follows:
(1) If the Contractor, under the terms of this contract, or through the performance
of tasks pursuant to this contract, is required to develop specifications or statements of work that
are to be incorporated into a solicitation, the Contractor shall be ineligible to perform the work
described in that solicitation as a prime or first-tier subcontractor under an ensuing NASA contract.
This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Officer
and the Contractor, sufficient to avoid unfair competitive advantage or potential bias (this time
shall in no case be less than the duration of the initial production contract). NASA shall not
unilaterally require the Contractor to prepare such specifications or statements of work under this
contract.
(2) To the extent that the work under this contract requires access to proprietary,
business confidential, or financial data of other companies, and as long as these data remain
proprietary or confidential, the Contractor shall protect these data from unauthorized use and
disclosure and agrees not to use them to compete with those other companies.
(End of clause)
1852.209-72 Reserved.
1852.211-70 Packaging, Handling, and Transportation.
As prescribed in 1811.404-70, insert the following clause:
PACKAGING, HANDLING, AND TRANSPORTATION
(SEP 2005)
(a) The Contractor shall comply with NASA Procedural Requirements (NPR) 6000.1,
"Requirements for Packaging, Handling, and Transportation for Aeronautical and Space Systems,
Equipment, and Associated Components", as may be supplemented by the statement of work or
specifications of this contract, for all items designated as Class I, II, or III.
(b) The Contractor's packaging, handling, and transportation procedures may be used, in
whole or in part, subject to the written approval of the Contracting Officer, provided (1) the
Contractor's procedures are not in conflict with any requirements of this contract, and (2) the
requirements of this contract shall take precedence in the event of any conflict with the
Contractor's procedures.
(c) The Contractor must place the requirements of this clause in all subcontracts for items
that will become components of deliverable Class I, II, or III items.
(End of clause)
See PCD 20-2 for clause deviation to 1852.213-70.
1852.213-70 Offeror Representations and Certifications–Other Than Commercial Items.
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As prescribed in 1813.302-570, insert the following provision:
OFFEROR REPRESENTATIONS AND CERTIFICATIONS—OTHER THAN
COMMERCIAL ITEMS
(JUL 2004)
(a) Definitions. As used in this provision-"Emerging small business" means a small business concern whose size is no greater than
50 percent of the numerical size standard for the NAICS code designated.
"Forced or indentured child labor" means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty
for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the
enforcement of which can be accomplished by process or penalties.
"Service-disabled veteran-owned small business concern" —
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more servicedisabled veterans or, in the case of any publicly owned business, not less than 51 percent of the
stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are
controlled by one or more service-disabled veterans or, in the case of a service- disabled veteran
with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2),
with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates that is independently
owned and operated, not dominant in the field of operation in which it is bidding on Government
contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size
standards in this solicitation.
"Veteran-owned small business concern" means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans (as
defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51
percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by
one or more veterans.
"Women-owned small business concern" means a small business concern—
(1) That is at least 51 percent owned by one or more women; or, in the case of
any publicly owned business, at least 51 percent of the stock of which is owned by one or more
women; and
(2) Whose management and daily business operations are controlled by one or
more women.
(b) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701).
(1) All offerors must submit the information required in paragraphs (b)(3)
through (b)(5) of this provision to comply with debt collection requirements of 31 U.S.C.
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7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and
implementing regulations issued by the Internal Revenue Service (IRS).
(2) The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror's relationships with the Government (31 U.S.C.
7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described
in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the
accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
[ ] TIN: _____________________.
[ ] TIN has been applied for.
[ ] TIN is not required because:
[ ] Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the conduct of a trade or
business in the United States and does not have an office or place of business or a fiscal paying
agent in the United States;
[ ] Offeror is an agency or instrumentality of a foreign
government;
[ ] Offeror is an agency or instrumentality of the Federal
Government.
(4) Type of organization.
[ ] Sole proprietorship;
[ ] Partnership;
[ ] Corporate entity (not tax-exempt);
[ ] Corporate entity (tax-exempt);
[ ] Government entity (Federal, State, or local);
[ ] Foreign government;
[ ] International organization per 26 CFR 1.6049-4;
[ ] Other _________________________.
(5) Common parent.
[ ] Offeror is not owned or controlled by a common parent;
[ ] Name and TIN of common parent:
Name ___________________.
TIN _____________________.
(c) Offerors must complete the following representations when the resulting contract will
be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ]
is, [ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror
represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror
represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if
the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of
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this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a servicedisabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror
represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror
represents, for general statistical purposes, that it [ ] is, [ ] is not a small disadvantaged
business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror
represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror
represents that it [ ] is, [ ] is not a women-owned small business concern.
(6) Small Business Size for the Small Business Competitiveness Demonstration
Program and for the Targeted Industry Categories under the Small Business Competitiveness
Demonstration Program. [Complete only if the offeror has represented itself to be a small
business concern under the size standards for this solicitation.]
(i) [Complete only for solicitations indicated as being set-aside for
emerging small businesses in one of the four designated industry groups (DIGs).] The offeror
represents as part of its offer that it [ ] is, [ ] is not an emerging small business.
(ii) [Complete only for solicitations indicated as being for one of the
targeted industry categories (TICs) or four designated industry groups (DIGs).] Offeror
represents as follows:
(A) Offeror's number of employees for the past 12 months (check
the Employees column if size standard stated in the solicitation is expressed in terms of number
of employees); or
(B) Offeror's average annual gross revenue for the last 3 fiscal
years (check the Average Annual Gross Number of Revenues column if size standard stated in
the solicitation is expressed in terms of annual receipts).
(Check one of the following):
NUMBER OF EMPLOYEES
___ 50 or fewer
___ 51-100
___ 101-250
___ 251-500
___ 501-750
___ 751-1000
___ Over 1000
AVERAGE ANNUAL GROSS
REVENUES
___ $1 million or less
___ $1,000,001--$2 million
___ $2,000,001--$3.5 million
___ $3,500,001--$5 million
___ $5,000,001--$10 million
___ $10,000,001--$17 million
___ Over $17 million
(7) HUBZone small business concern. [Complete only if the offeror represented
itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as
part of its offer that-(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the
date of this representation, on the List of Qualified HUBZone Small Business Concerns
maintained by the Small Business Administration, and no material change in ownership and
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control, principal office, or HUBZone employee percentage has occurred since it was certified
by the Small Business Administration in accordance with 13 CFR Part 126; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements
of 13
CFR Part 126, and the representation in paragraph (c)(7)(i) of this provision is accurate for the
HUBZone small business concern or concerns that are participating in the joint venture. [The
offeror shall enter the name or names of the HUBZone small business concern or concerns that
are participating in the joint venture: __________________________.] Each HUBZone small
business concern participating in the joint venture shall submit a separate signed copy of the
HUBZone representation.
(8) (Complete if dollar value of the resultant contract is expected to exceed
$25,000 and the offeror has represented itself as disadvantaged in paragraph (c)(4) of this
provision.) [The offeror shall check the category in which its ownership falls]:
____ Black American.
____ Hispanic American.
____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia,
Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The
Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the
Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana
Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan,
Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
____ Individual/concern, other than one of the preceding.
(d) Representations required to implement provisions of Executive Order 11246—
(1) Previous contracts and compliance. The offeror represents that-(i) It [ ] has, [ ] has not participated in a previous contract or
subcontract subject
to the Equal Opportunity clause of this solicitation; and
(ii) It [ ] has, [ ] has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that—
(i) It [ ] has developed and has on file, [ ] has not developed and does
not have on file, at each establishment, affirmative action programs required by rules and
regulations of the Secretary of Labor (41 CFR Parts 60-1 and 60-2), or
(ii) It [ ] has not previously had contracts subject to the written
affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition
Regulation (FAR) 52.225-1, Buy American Act—Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph
(e)(2) of this provision, is a domestic end product and that the offeror has considered components
of unknown origin to have been mined, produced, or manufactured outside the United States.
The offeror shall list as foreign end products those end products manufactured in the United
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States that do not qualify as domestic end products. The terms “component,” “domestic end
product,” “end product,” “foreign end product,” and “United States” are defined in the clause of
this solicitation entitled “Buy American Act—Supplies.”
(2) Foreign End Products:
LINE ITEM NO.
___________________
___________________
___________________
COUNTRY OF ORIGIN
_____________________
_____________________
_____________________
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and
procedures of FAR Part 25.
(f)(1) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate.
(Applies only if the clause at FAR 52.225-3, Buy American Act--Free Trade Agreements--Israeli
Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in
paragraph (f)(1)(ii) or (f)(1)(iii) of this provision, is a domestic end product and that the offeror
has considered components of unknown origin to have been mined, produced, or manufactured
outside the United States. The terms “component,” “domestic end product,” “end product,”
“foreign end product,” and “United States” are defined in the clause of this solicitation entitled
"Buy American Act--Free Trade Agreements--Israeli Trade Act".
(ii) The offeror certifies that the following supplies are FTA country end
products or Israeli end products as defined in the clause of this solicitation entitled "Buy
American Act--Free Trade Agreements--Israeli Trade Act":
FTA Country or Israeli End Products:
LINE ITEM NO.
COUNTRY OF ORIGIN
___________________
_____________________
___________________
_____________________
___________________
_____________________
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products
(other than those listed in paragraph (f)(1)(ii) of this provision) as defined in the clause of this
solicitation entitled "Buy American Act--Free Trade Agreement—Israeli Trade Act." The offeror
shall list as other foreign end products those end products manufactured in the United States that
do not qualify as domestic end products.
Other Foreign End Products:
LINE ITEM NO.
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___________________
___________________
___________________
_____________________
_____________________
_____________________
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and
procedures of FAR Part 25.
(2) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate,
Alternate I (JAN 2004). If Alternate I to the clause at FAR 52.225-3 is included in this
solicitation, substitute the following paragraph (f)(1)(ii) for paragraph (f)(1)(ii) of the basic
provision:
(f)(1)(ii) The offeror certifies that the following supplies are Canadian
end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade
Agreements--Israeli Trade Act":
Canadian End Products:
Line Item No.
__________________________________________
__________________________________________
(List as necessary)
(3) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate,
Alternate II (JAN 2004). If Alternate II to the clause at FAR 52.225-3 is included in this
solicitation, substitute the following paragraph (f)(1)(ii) for paragraph (f)(1)(ii) of the basic
provision:
(f)(1)(ii) The offeror certifies that the following supplies are Canadian
end products or Israeli end products as defined in the clause of this solicitation entitled "Buy
American Act--Free Trade Agreements--Israeli Trade Act":
Canadian or Israeli End Products:
LINE ITEM NO.
___________________
___________________
___________________
COUNTRY OF ORIGIN
_____________________
_____________________
_____________________
[List as necessary]
(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade
Agreements, is included in this solicitation.)
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(i) The offeror certifies that each end product, except those listed in paragraph
(f)(4)(ii) of this provision, is a U.S.-made, designated country, Caribbean Basin country, or FTA
country end product, as defined in the clause of this solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not
U.S.-made, designated country, Caribbean Basin country, or FTA country end products.
Other End Products:
LINE ITEM NO.
___________________
___________________
___________________
[List as necessary]
COUNTRY OF ORIGIN
_____________________
_____________________
_____________________
(iii) The Government will evaluate offers in accordance with the policies and
procedures of FAR Part 25. For line items subject to the Trade Agreements Act, the Government
will evaluate offers of U.S.-made, designated country, Caribbean Basin country, or FTA country
end products without regard to the restrictions of the Buy American Act. The Government will
consider for award only offers of U.S.-made, designated country, Caribbean Basin country, or
FTA country end products unless the Contracting Officer determines that there are no offers for
such products or that the offers for such products are insufficient to fulfill the requirements of the
solicitation.
(g) Certification Regarding Knowledge of Child Labor for Listed End Products
(Executive Order 13126). [The Contracting Officer must list in paragraph (g)(1) any end
products being acquired under this solicitation that are included in the List of Products Requiring
Contractor Certification as to Forced or Indentured Child Labor, unless excluded at FAR
22.1503(b).]
(1) Listed end products.
Listed End Product
___________________
___________________
___________________
Listed Countries of Origin
_____________________
_____________________
_____________________
(2) Certification. [If the Contracting Officer has identified end products and
countries of origin in paragraph (g)(1) of this provision, then the offeror must certify to either
(g)(2)(i) or (g)(2)(ii) by checking the appropriate block.]
[ ] (i) The offeror will not supply any end product listed in paragraph
(g)(1) of this provision that was mined, produced, or manufactured in the corresponding country
as listed for that product.
[ ] (ii) The offeror may supply an end product listed in paragraph (g)(1) of
this provision that was mined, produced, or manufactured in the corresponding country as listed
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for that product. The offeror certifies that it has made a good faith effort to determine whether
forced or indentured child labor was used to mine, produce, or manufacture any such end product
furnished under this contract. On the basis of those efforts, the offeror certifies that it is not
aware of any such use of child labor.
(End of provision)
ALTERNATE I
(MAR 2004)
As prescribed in 1813.302-570(a)(2)(i), add the following paragraph to the end of the basic
provision and identify appropriately:
( ) Recovered Material Certification . As required by the Resource Conservation and
Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, that the percentage of
recovered materials to be used in the performance of the contract will be at least the amount
required by the applicable contract specifications.
ALTERNATE II
(MAR 2004)
As prescribed in 1813.302-570(a)(2)(ii), add the following paragraph to the end of the basic
provision and identify appropriately:
( ) Historically Black College or University and Minority Institution Representation
(1) Definitions. As used in this provision—
"Historically black college or university" means an institution determined
by the Secretary of Education to meet the requirements of 34 CFR 608.2. For the Department of
Defense, the National Aeronautics and Space Administration, and the Coast Guard, the term also
includes any nonprofit research institution that was an integral part of such a college or
university before November 14, 1986.
"Minority institution" means an institution of higher education meeting the
requirements of Section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k,
including a Hispanic-serving institution of higher education, as defined in Section 316(b)(1) of
the Act (20 U.S.C. 1101a)).
(2) Representation. The offeror represents that it—
( ) is ( ) is not a historically black college or university;
( ) is ( ) is not a minority institution.
ALTERNATE III
(MAR 2004)
As prescribed in 1813.302-570(a)(2)(iii), add the following paragraph to the end of the basic
provision and identify appropriately:
( ) Representation Of Limited Rights Data And Restricted Computer Software.
(1) This solicitation sets forth the work to be performed if a contract award
results, and the Government's known delivery requirements for data (as defined in FAR 27.401).
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Any resulting contract may also provide the Government the option to order additional data
under the Additional Data Requirements clause at FAR 52.227-16, if included in the contract.
Any data delivered under the resulting contract will be subject to the Rights in Data-General
clause at FAR 52.227-14 that is to be included in this contract. Under the latter clause, a
Contractor may withhold from delivery data that qualify as limited rights data or restricted
computer software, and deliver form, fit, and function data in lieu thereof. The latter clause also
may be used with its Alternates II and/or III to obtain delivery of limited rights data or restricted
computer software, marked with limited rights or restricted rights notices, as appropriate. In
addition, use of Alternate V with this latter clause provides the Government the right to inspect
such data at the Contractor's facility.
(2) As an aid in determining the Government's need to include Alternate II or
Alternate III in the clause at FAR 52.227-14, Rights in Data-General, the offeror shall complete
paragraph (3) of this provision to either state that none of the data qualify as limited rights data
or restricted computer software, or identify, to the extent feasible, which of the data qualifies as
limited rights data or restricted computer software. Any identification of limited rights data or
restricted computer software in the offeror's response is not determinative of the status of such
data should a contract be awarded to the offeror.
(3) The offeror has reviewed the requirements for the delivery of data or software
and states [offeror check appropriate block]—
( ) None of the data proposed for fulfilling such requirements qualifies as
limited rights data or restricted computer software.
( ) Data proposed for fulfilling such requirements qualify as limited
rights data or restricted computer software and are identified as follows:
_______________________________________________
_______________________________________________
_______________________________________________
Note: "Limited rights data" and "Restricted computer software" are defined in the
contract clause entitled "Rights in Data-General."
1852.213-71 Evaluation–-Other Than Commercial Items.
As prescribed in 1813.302-570(b) insert the following provision:
EVALUATION—OTHER THAN COMMERCIAL ITEMS
(JUN 2002)
(a) The Government will award a contract resulting from this solicitation to the
responsible offeror whose offer conforming to the solicitation will be most advantageous to the
Government, price and other factors considered. The following factors shall be used to evaluate
offers:
__________________________________________
__________________________________________
__________________________________________
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Contracting Officer shall insert the evaluation factors, such as (i) technical capability of the item
offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304).
(b) Options. The Government will evaluate offers for award purposes by adding the total
price for all options to the total price for the basic requirement. The Government may determine
that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of
options shall not obligate the Government to exercise the option(s).
(End of provision)
1852.214-70 Caution to Offerors Furnishing Descriptive Literature.
As prescribed in 1814.201-670(a), insert the following provision:
CAUTION TO OFFERORS FURNISHING
DESCRIPTIVE LITERATURE
(DEC 1988)
Bidders are cautioned against furnishing as a part of their bids descriptive literature that
includes language reserving to the bidder the right to deviate from the requirements of the
invitation for bids. Statements that "Data are subject to change without notice," "Prices subject
to change without notice," or words having a similar effect are examples of such reservation.
The Government will reject as nonresponsive any bid that incorporates literature containing such
language or any bid that must be evaluated by using literature containing such language. Bidders
should clearly label any submissions of descriptive literature not intended to form a part of a bid
as such in order to preclude any need for the Government to interpret the bidder's intent in
submitting descriptive literature. See FAR 14.202-5.
(End of provision)
1852.214-71 Grouping for Aggregate Award.
As prescribed in 1814.201-670(b), insert the following provision:
GROUPING FOR AGGREGATE AWARD
(MAR 1989)
(a) The Government will evaluate offers and make award on a basis of the aggregate
offers for items
[Insert the item numbers and/or descriptions].
The Government will not consider an offer for quantities less than those specified for these
items.
(b) If this is an invitation for bids, the Government will reject as nonresponsive a bid that
is not made on the total quantities for all of the items specified in paragraph (a) of this section.
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(End of provision)
1852.214-72 Full Quantities.
As prescribed in 1814.201-670(c), insert the following provision:
FULL QUANTITIES
(DEC 1988)
The Government will not consider an offer for quantities of items less than those specified. If
this is an invitation for bids, the Government will reject as nonresponsive a bid that is not made
on full quantities.
(End of provision)
1852.215-77 Preproposal/Pre-bid Conference.
As prescribed in 1815.209-70(a), insert the following provision:
PREPROPOSAL/PRE-BID CONFERENCE
(APR 2015)
(a) A preproposal/pre-bid conference will be held as indicated below:
Date:
Time:
Location:
Other Information, as applicable:
[Insert the applicable conference information.]
(b) Attendance at the preproposal/pre-bid conference is recommended; however,
attendance is neither required nor a prerequisite for proposal/bid submission and will not be
considered in the evaluation.
(c) Offerors, individuals, or interested parties who plan to attend the pre-proposal/pre-bid
conference must provide the Contracting Officer in writing, at a minimum, full name of the
attendee(s), identification of nationality (U.S. or specify other nation citizenship), Lawful
Permanent Resident Numbers in the case of foreign nationals, affiliation and full office
address/phone number. Center-specific security requirements for this pre-proposal/pre-bid
conference will be given to a company representative prior to the conference or will be identified
in this solicitation as follows: (fill-in). Examples of specific identification information which
may be required include state driver’s license and social security number. Except for foreign
nationals, the identification information must be provided at least (fill-in) working days in
advance of the conference. This information shall be provided at least (fill-in) working days in
advance of the conference for foreign nationals due to the longer badging and clearance
processing time required. However, the Center reserves the right to determine foreign nationals
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may not be allowed on the Government site. The Government is not responsible for offerors’
inability to obtain clearance within sufficient time to attend the conference. Due to space
limitations, representation of any potential Offeror may not exceed (fill-in) company
representatives/persons per Offeror. Any “lobbying firm or lobbyist” as defined in 2 U.S.C.
1602(9) and (10), or any Offeror represented by a lobbyist under the Lobbying Disclosure Act of
1995 shall be specifically identified.
(d) Visitors on NASA Centers are allowed to possess and use photographic equipment
(including camera cell phones) and related materials EXCEPT IN CONTROLLED AREAS.
Anyone desiring to use camera equipment during the conference should contact the Contracting
Officer to determine if the site(s) to be visited is a controlled area.
(e) The Government will respond to questions regarding this procurement provided such
questions have been received at least five (5) working days prior to the conference. Other
questions will be answered at the conference or in writing at a later time. All questions, together
with the Government’s response, will be transmitted to all solicitation recipients via the
government-wide point of entry (GPE). In addition, conference materials distributed at the
preproposal/pre-bid conference will be made available to all potential offerors via the GPE.
(End of provision)
1852.215-78 Make or Buy Program Requirements.
As prescribed in 1815.408-70(a), insert the following provision:
MAKE OR BUY PROGRAM REQUIREMENTS
(FEB 1998)
The offeror shall submit a Make-or-Buy Program in accordance with the requirements of Federal
Acquisition Regulation (FAR) 15.407-2. The offeror shall include the following supporting
documentation with its proposal:
(a) A description of each major item or work effort.
(b) Categorization of each major item or work effort as "must make," "must buy," or
"can either make or buy."
(c) For each item or work effort categorized as "can either make or buy," a proposal
either to "make" or "buy."
(d) Reasons for (i) categorizing items and work effort as "must make" or "must buy" and
(ii) proposing to "make" or "buy" those categorized as "can either make or buy." The reasons
must include the consideration given to the applicable evaluation factors described in the
solicitation and be in sufficient detail to permit the Contracting Officer to evaluate the
categorization and proposal.
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(e) Designation of the offeror's plant or division proposed to make each item or perform
each work effort and a statement as to whether the existing or proposed new facility is in or near
a labor surplus area.
(f) Identification of proposed subcontractors, if known, and their location and size status.
(g) Any recommendations to defer make-or-buy decisions when categorization of some
items or work efforts is impracticable at the time of submission.
(End of provision)
1852.215-79 Price Adjustment for "Make-or-Buy" Changes.
As prescribed in 1815.408-70(b), insert the following clause:
PRICE ADJUSTMENT FOR "MAKE-OR-BUY" CHANGES
(JUN 2018)
The following make-or-buy items are subject to the provisions of paragraph (d) of the
clause at FAR 52.215-9, Change or Additions to Make-or-Buy Program, of this contract:
ITEM
DESCRIPTION
MAKE-OR-BUY
DETERMINATION
(End of clause)
[PN 18-11]
1852.215-81 Proposal Page Limitations.
As prescribed in 1815.209-70(d), insert the following provision:
PROPOSAL PAGE LIMITATIONS
(APR 2015)
(a) The following page limitations are established for each portion of the proposal
submitted in response to this solicitation.
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Proposal Section
(List each volume
or section)
Page Limit
(Specify limit)
[Proposal
Subsection
(List each
subsection
(e.g. Offeror’s
Subcontracting
Plan should not
exceed 20
pages)
(b) A page is defined as one side of a sheet, 8 1/2" x 11", with at least one inch margins
on all sides, using not smaller than 12 point type. Foldouts count as an equivalent number of 8
1/2" x 11" pages. The metric standard format most closely approximating the described standard
8 1/2" x 11" size may also be used. Other limitations/instructions identified as follows: (fill-in, if
there are other limitations/ instructions).
(c) Identify any exclusions to the page limits that are excluded from the page counts
specified in paragraph (a) of this provision (e.g. title pages, table of contents) as follows: (fill-in).
In addition, the Cost section of your proposal is not page limited. However, this section is to be
strictly limited to cost and price information. Information that can be construed as belonging in
one of the other sections of the proposal will be so construed and counted against that section's
page limitation.
(d) If final revisions are requested, separate page limitations will be specified in the
Government's request for that submission.
(e) Pages submitted in excess of the limitations specified in this provision will not be
evaluated by the Government and will be returned to the offeror.
(End of provision)
1852.215-84 Ombudsman.
As prescribed in 1815.7003, insert the following clause:
OMBUDSMAN
(NOV 2011)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns
from offerors, potential offerors, and contractors during the preaward and postaward phases of
this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the
source of the concern. The existence of the ombudsman is not to diminish the authority of the
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contracting officer, the Source Evaluation Board, or the selection official. Further, the
ombudsman does not participate in the evaluation of proposals, the source selection process, or
the adjudication of formal contract disputes. Therefore, before consulting with an ombudsman,
interested parties must first address their concerns, issues, disagreements, and/or
recommendations to the contracting officer for resolution.
(b) If resolution cannot be made by the contracting officer, interested parties may contact
the installation ombudsman, whose name, address, telephone number, facsimile number, and email address may be found at: https://www.hq.nasa.gov/office/procurement/regs/ProcurementOmbuds-Comp-Advocate-Listing.pdf. Concerns, issues, disagreements, and recommendations
which cannot be resolved at the installation may be referred to the Agency ombudsman identified
at the above URL. Please do not contact the ombudsman to request copies of the solicitation,
verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the
Contracting Officer or as specified elsewhere in this document.
(End of clause)
See PCD 19-03 for clause deviation to 1852.215-84, Alternate I.
ALTERNATE I
(JUN 2000)
As prescribed in 1815.7003, insert the following paragraph (c):
(c) If this is a task or delivery order contract, the ombudsman shall review complaints
from contractors and ensure they are afforded a fair opportunity to be considered, consistent with
the procedures of the contract.
(End of clause)
1852.215-85 Proposal Adequacy Checklist.
As prescribed in 1815.408-70(c), use the following provision:
PROPOSAL ADEQUACY CHECKLIST
(MAR 2014)
The offeror shall complete the following checklist, providing location of requested information,
or an explanation of why the requested information is not provided. In preparation of the
offeror’s checklist, offerors may elect to have their prospective subcontractors use the same or
similar checklist as appropriate.
PROPOSAL ADEQUACY CHECKLIST
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REFERENCES
SUBMISSION
ITEM
PROPOSAL
PAGE No.
If not
provided
EXPLAIN
(may use
continuation
pages
traceable to
this checklist)
GENERAL INSTRUCTIONS
1.
FAR 15.408,
Table 15-2,
Section I
Paragraph A
Is there a properly completed first
page of the proposal per FAR
15.408 Table 15-2 I.A or as
specified in the solicitation?
2.
FAR 15.408,
Table 15-2,
Section I
Paragraph A(7)
Does the proposal identify the
need for Government-furnished
material/tooling/test equipment?
Include the accountable contract
number and contracting officer
contact information if known.
3.
FAR 15.408,
Table 15-2,
Section I
Paragraph A(8)
If your organization is subject to
Cost Accounting Standards (CAS),
does the proposal identify the
current status of your CAS
Disclosure Statement? Does the
proposal identify and explain
notifications of noncompliance
with Cost Accounting Standards
Board or Cost Accounting
Standards (CAS); any proposal
inconsistencies with your disclosed
practices or applicable CAS; and
inconsistencies with your
established estimating and
accounting principles and
procedures?
4.
FAR 15.408,
Table 15-2,
Section I,
Paragraph C(1)
FAR 2.101, “Cost
or pricing data”
Does the proposal disclose any
other known activity that could
materially impact the costs?
This may include, but is not
limited to, such factors as—
(1) Vendor quotations;
(2) Nonrecurring costs;
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(3) Information on changes in
production methods and in
production or purchasing volume;
(4) Data supporting projections of
business prospects and objectives
and related operations costs;
(5) Unit-cost trends such as those
associated with labor efficiency;
(6) Make-or-buy decisions;
(7) Estimated resources to attain
business goals; and
(8) Information on management
decisions that could have a
significant bearing on costs.
5.
FAR 15.408,
Table 15-2,
Section I
Paragraph B
Is an Index of all certified cost or
pricing data and information
accompanying or identified in the
proposal provided and
appropriately referenced?
6.
FAR 15.403-1(b) Are there any exceptions to
submission of certified cost or
pricing data pursuant to FAR
15.403-1(b)? If so, is supporting
documentation included in the
proposal? (Note questions 18-20.)
7.
FAR 15.408,
Table 15-2,
Section I
Paragraph C(2)(i)
Does the proposal disclose the
judgmental factors applied and the
mathematical or other methods
used in the estimate, including
those used in projecting from
known data?
8.
FAR 15.408,
Table 15-2,
Section I
Paragraph
C(2)(ii)
Does the proposal disclose the
nature and amount of any
contingencies included in the
proposed price?
9.
FAR 15.408
Table 15-2,
Section II,
Paragraph A or B
Does the proposal explain the basis
of all cost estimating relationships
(labor hours or material) proposed
on other than a discrete basis?
10.
FAR 15.408,
Table 15-2,
Is there a summary of total cost by
element of cost and are the
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Section I
elements of cost cross-referenced
Paragraphs D and to the supporting cost or pricing
data? (Breakdowns for each cost
E
element must be consistent with
your cost accounting system,
including breakdown by year.)
11.
FAR 15.408,
Table 15-2,
Section I
Paragraphs D and
E
If more than one Contract Line
Item Number (CLIN) or sub
Contract Line Item Number (subCLIN) is proposed as required by
the RFP, are there summary total
amounts covering all line items for
each element of cost and is it
cross-referenced to the supporting
cost or pricing data?
12.
FAR 15.408,
Table 15-2,
Section I
Paragraph F
Does the proposal identify any
incurred costs for work performed
before the submission of the
proposal?
13.
FAR 15.408,
Table 15-2,
Section I
Paragraph G
Is there a Government forward
pricing rate agreement (FPRA)? If
so, the offeror shall identify the
official submittal of such rate and
factor data. If not, does the
proposal include all rates and
factors by year that are utilized in
the development of the proposal
and the basis for those rates and
factors?
COST ELEMENTS
MATERIALS AND SERVICES
14.
FAR 15.408,
Table 15-2,
Section II
Paragraph A
Does the proposal include a
consolidated summary of
individual material and services,
frequently referred to as a
Consolidated Bill of Material
(CBOM), to include the basis for
pricing? The offeror’s consolidated
summary shall include raw
materials, parts, components,
assemblies, subcontracts and
services to be produced or
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performed by others, identifying as
a minimum the item, source,
quantity, and price.
SUBCONTRACTS (Purchased materials or services)
15.
FAR 15.404-3(c) Per the thresholds of FAR 15.404FAR 52.244-2
3(c), Subcontract Pricing
Considerations, does the proposal
include a copy of the applicable
subcontractor’s certified cost or
pricing data?
16.
FAR 15.408,
Table 15-2,
Note 1;
Section II
Paragraph A
Is there a price/cost analysis
establishing the reasonableness of
each of the proposed subcontracts
included with the proposal?
If the offeror’s price/cost analyses
are not provided with the proposal,
does the proposal include a matrix
identifying dates for receipt of
subcontractor proposal, completion
of fact finding for purposes of
price/cost analysis, and submission
of the price/cost analysis?
EXCEPTIONS TO CERTIFIED COST OR PRICING DATA
17.
FAR 52.215-20
FAR 2.101,
“commercial
item”
Has the offeror submitted an
exception to the submission of
certified cost or pricing data for
commercial items proposed either
at the prime or subcontractor level,
in accordance with provision
52.215-20?
a. Has the offeror specifically
identified the type of commercial
item claim (FAR 2.101
commercial item definition,
paragraphs (1) through (8)), and
the basis on which the item meets
the definition?
b. For modified commercial items
(FAR 2.101 commercial item
definition paragraph (3)); did the
offeror classify the modification(s)
as either—
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i. A modification of a type
customarily available in the
commercial marketplace
(paragraph (3)(i)); or
ii. A minor modification
(paragraph (3)(ii)) of a type not
customarily available in the
commercial marketplace made to
meet Federal Government
requirements not exceeding the
thresholds in FAR 15.4031(c)(3)(iii)(B)?
c. For proposed commercial items
“of a type”, or “evolved” or
modified (FAR 2.101 commercial
item definition paragraphs (1)
through (3)), did the contractor
provide a technical description of
the differences between the
proposed item and the comparison
item(s)?
18.
FAR 15.408,
Table 15-2,
Section II
Paragraph A(1)
Does the proposal support the
degree of competition and the
basis for establishing the source
and reasonableness of price for
each subcontract or purchase order
priced on a competitive basis
exceeding the threshold for
certified cost or pricing data?
INTERORGANIZATIONAL TRANSFERS
19.
FAR 15.408,
Table 15-2,
Section II
Paragraph A.(2)
For inter-organizational transfers
proposed at cost, does the proposal
include a complete cost proposal in
compliance with Table 15-2?
20.
FAR 15.408,
Table 15-2,
Section II
Paragraph A(1)
For inter-organizational transfers
proposed at price in accordance
with FAR 31.205-26(e), does the
proposal provide an analysis by the
prime that supports the exception
from certified cost or pricing data
in accordance with FAR 15.403-1?
DIRECT LABOR
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21.
FAR 15.408,
Table 15-2,
Section II
Paragraph B
Does the proposal include a time
phased (i.e.; monthly, quarterly)
breakdown of labor hours, rates
and costs by category or skill
level? If labor is the allocation
base for indirect costs, the labor
cost must be summarized in order
that the applicable overhead rate
can be applied.
22.
FAR 15.408,
Table 15-2,
Section II
Paragraph B
For labor Basis of Estimates
(BOEs), does the proposal include
labor categories, labor hours, and
task descriptions, (e.g.; Statement
of Work reference, applicable
CLIN, Work Breakdown Structure,
rationale for estimate, applicable
history, and time-phasing)?
23.
FAR subpart
22.10
If covered by the Service Contract
Labor Standards statute (41 U.S.C.
chapter 67), are the rates in the
proposal in compliance with the
minimum rates specified in the
statute?
INDIRECT COSTS
24.
FAR 15.408,
Table 15-2,
Section II
Paragraph C
Does the proposal indicate the
basis of estimate for proposed
indirect costs and how they are
applied? (Support for the indirect
rates could consist of cost
breakdowns, trends, and budgetary
data.)
OTHER COSTS
25.
FAR 15.408,
Table 15-2,
Section II
Paragraph D
Does the proposal include other
direct costs and the basis for
pricing? If travel is included does
the proposal include number of
trips, number of people, number of
days per trip, locations, and rates
(e.g. airfare, per diem, hotel, car
rental, etc)?
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26.
FAR 15.408,
Table 15-2,
Section II
Paragraph E
If royalties exceed $1,500 does the
proposal provide the
information/data identified by
Table 15-2?
27.
FAR 15.408,
Table 15-2,
Section II
Paragraph F
When facilities capital cost of
money is proposed, does the
proposal include submission of
Form CASB-CMF or reference to
an FPRA/FPRP and show the
calculation of the proposed
amount?
FORMATS FOR SUBMISSION OF LINE ITEM SUMMARIES
28.
FAR 15.408,
Table 15-2,
Section III
Are all cost element breakdowns
provided using the applicable
format prescribed in FAR 15.408,
Table 15-2 III? (or alternative
format if specified in the request
for proposal)
29.
FAR 15.408,
Table 15-2,
Section III
Paragraph B
If the proposal is for a
modification or change order, have
cost of work deleted (credits) and
cost of work added (debits) been
provided in the format described in
FAR 15.408, Table 15-2.III.B?
30.
FAR 15.408,
Table 15-2,
Section III
Paragraph C
For price
revisions/redeterminations, does
the proposal follow the format in
FAR 15.408, Table 15-2.III.C?
OTHER
31.
FAR 16.4
If an incentive contract type, does
the proposal include offeror
proposed target cost, target profit
or fee, share ratio, and, when
applicable, minimum/maximum
fee, ceiling price?
32.
FAR 16.203-4
and FAR
15.408 Table 152, Section II,
Paragraphs A, B,
C, and D
If Economic Price Adjustments are
being proposed, does the proposal
show the rationale and application
for the economic price adjustment?
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33.
FAR 52.232-28
If the offeror is proposing
Performance-Based Payments did
the offeror comply with FAR
52.232-28?
34.
FAR 15.408(n)
FAR 52.215-22
FAR 52.215-23
Excessive Pass-through Charges–
Identification of Subcontract
Effort: If the offeror intends to
subcontract more than 70% of the
total cost of work to be performed,
does the proposal identify: (i) the
amount of the offeror’s indirect
costs and profit applicable to the
work to be performed by the
proposed subcontractor(s); and (ii)
a description of the added value
provided by the offeror as related
to the work to be performed by the
proposed subcontractor(s)?
(End of provision)
1852.216-72 Award term.
As prescribed in 1816.406-70(g), insert the following clause:
AWARD TERM
(AUG 2017)
(a) Based on overall Contractor performance as evaluated in accordance with the Award
Term Plan, the Contracting Officer may extend the contract for the number and duration of
award terms as set forth in the Award Term Plan.
(b) The Contracting Officer will execute any earned award term period(s) through a
unilateral contract modification. All contract provisions continue to apply throughout the
contract period of performance or ordering period, including any award term period(s).
(c) The Government will evaluate offerors for award purposes by adding the total price
for all options and award terms to the price for the basic requirement. This evaluation will not
obligate the Government to exercise any options or award term periods.
(d) The Award Term Plan is attached in Section J. The Award Term Plan provides the
methodology and schedule for evaluating Contractor performance, determining eligibility for an
award term, and, together with Agency need for the contract and availability of funding, serves
as the basis for award term decisions. The Contracting Officer may unilaterally revise the Award
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Term Plan. Any changes to the Award Term Plan will be in writing and incorporated into the
contract through a unilateral modification citing this clause prior to the commencement of any
evaluation period. The Contracting Officer will consult with the Contractor prior to the issuance
of a revised Award Term Plan; however, the Contractor's consent is not required.
(e) The award term evaluation(s) will be completed in accordance with the schedule in
the Award Term Plan. The Contractor will be notified of the results and its eligibility to be
considered for the respective award term no later than 120 days after the evaluation period set
forth in the Award Term Plan. The Contractor may request a review of an award term evaluation
which has resulted in the Contractor not earning the award term. The request shall be submitted
in writing to the Contracting Officer within 15 days after notification of the results of the
evaluation.
(f)(1) The Government has the unilateral right not to grant or to cancel award term
periods and the associated Award Term Plan if—
(i) The Contractor has failed to achieve the required performance
measures for the corresponding evaluation period;
(ii) After earning an award term, the Contractor fails to earn an award
term in any succeeding year of contract performance, the Contracting Officer may cancel any
award terms that the Contractor has earned, but that have not begun;
(iii) The Contracting Officer has notified the Contractor that the
Government no longer has a need for the award term period before the time an award term
period is to begin;
(iv) The Contractor represented that it was a small business concern prior
to award of this contract, the contract was set-aside for small businesses, and the Contractor
rerepresents in accordance with FAR clause 52.219-28, Post-Award Small Business Program
Rerepresentation, that it is no longer a small business; or
(v) The Contracting Officer has notified the Contractor that funds are not
available for the award term.
(2) When an award term period is not granted or cancelled, any—
(i) Prior award term periods for which the contractor remains otherwise eligible
are unaffected, except as provided in paragraph (g) of this clause; or
(ii) Subsequent award term periods are also cancelled.
(g) Cancellation of an award term period that has not yet started for any of the reasons
set forth in paragraph (f) of this clause shall not be considered either a termination for
convenience or termination for default, and shall not entitle the Contractor to any termination
settlement or any other compensation.
(h) Cancellation of an award term period that has not yet commenced for any of the
reasons set forth in paragraphs (f) and (g) of this clause shall not be considered either a
termination for convenience or termination for default, and shall not entitle the Contractor to any
termination settlement or any other compensation. If the award term is cancelled, a unilateral
modification will cite this clause as the authority.
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(i) Funds are not presently available for any award term. The Government's obligation
under any award term is contingent upon the availability of appropriated funds from which
payment can be made. No legal liability on the part of the Government for any award term
payment may arise until funds are made available to the Contracting Officer for an award term
and until the Contractor receives notice of such availability, to be confirmed in writing by the
Contracting Officer.
(End of clause)
1852.216-73 Estimated Cost and Cost Sharing.
As prescribed in 1816.307-70(a), insert the following clause:
ESTIMATED COST AND COST SHARING
(DEC 1991)
$
(a) It is estimated that the total cost of performing the work under this contract will be
.
(b) For performance of the work under this contract, the Contractor shall be reimbursed
for not more than
percent of the costs of performance determined to be allowable under the
Allowable Cost and Payment clause. The remaining
percent or more of the costs of
performance so determined shall constitute the Contractor's share, for which it will not be
reimbursed by the Government.
(c) For purposes of the
[insert "Limitation of Cost" or "Limitation of Funds"]
clause, the total estimated cost to the Government is hereby established as $
(insert
estimated Government share); this amount is the maximum Government liability.
(d) The Contractor shall maintain records of all contract costs claimed by the Contractor
as constituting part of its share. Those records shall be subject to audit by the Government.
Costs contributed by the Contractor shall not be charged to the Government under any other
grant, contract, or agreement (including allocation to other grants, contracts, or agreements as
part of an independent research and development program).
(End of clause)
1852.216-74 Estimated Cost and Fixed Fee.
As prescribed in 1816.307-70(b), insert the following clause:
ESTIMATED COST AND FIXED FEE
(DEC 1991)
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The estimated cost of this contract is
estimated cost and fixed fee is
.
exclusive of the fixed fee of
. The total
(End of clause)
1852.216-75 Payment of Fixed Fee.
As prescribed in 1816.307-70(c), insert the following clause:
PAYMENT OF FIXED FEE
(DEC 1988)
The fixed fee shall be paid in monthly installments based upon the percentage of
completion of work as determined by the Contracting Officer.
(End of clause)
1852.216-76 Award Fee for Service Contracts.
As prescribed in 1816.406-70(a), insert the following clause:
AWARD FEE FOR SERVICE CONTRACTS
(JUN 2018)
(a) The contractor can earn award fee from a minimum of zero dollars to the maximum
stated in NASA FAR Supplement clause 1852.216-85, "Estimated Cost and Award Fee" in this
contract.
(b) Beginning 6* months after the effective date of this contract, the Government shall
evaluate the Contractor's performance every 6* months to determine the amount of award fee
earned by the contractor during the period. The Contractor may submit a self-evaluation of
performance for each evaluation period under consideration. These self-evaluations will be
considered by the Government in its evaluation. The Government's Fee Determination Official
(FDO) will determine the award fee amounts based on the Contractor's performance in
accordance with [identify performance evaluation plan]. The plan may be revised unilaterally by
the Government prior to the beginning of any rating period to redirect emphasis.
(c) The Government will advise the Contractor in writing of the evaluation results. The
[insert payment office] will make payment based on [Insert method of authorizing award fee
payment].
(d) The Contracting Officer may direct the withholding of earned award fee payments
until a reserve is set aside in an amount that the Contracting Officer considers necessary to
protect the Government's interest relative to an orderly and timely closeout of the contract. This
reserve shall not exceed 15 percent of the contract’s total potential award fee or $100,000,
whichever is less.
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(e) The amount of award fee which can be awarded in each evaluation period is limited
to the amounts set forth at [identify location of award fee amounts]. Award fee which is not
earned in an evaluation period cannot be reallocated to future evaluation periods.
(f)(1) Provisional award fee payments [insert "will" or "will not", as applicable] be made
under this contract pending the determination of the amount of fee earned for an evaluation
period. If applicable, provisional award fee payments will be made to the Contractor on a [insert
the frequency of provisional payments (not more often than monthly)] basis. The total amount of
award fee available in an evaluation period that will be provisionally paid is the lesser of [Insert
a percent not to exceed 80 percent] or the prior period's evaluation score.
(2) Provisional award fee payments will be superseded by the final award fee
evaluation for that period. If provisional payments exceed the final evaluation score, the
Contractor will either credit the next payment voucher for the amount of such overpayment or
refund the difference to the Government, as directed by the Contracting Officer.
(3) If the Contracting Officer determines that the Contractor will not achieve a
level of performance commensurate with the provisional rate, payment of provisional award fee
will be discontinued or reduced in such amounts as the Contracting Officer deems appropriate.
The Contracting Officer will notify the Contractor in writing if it is determined that such
discontinuance or reduction is appropriate.
(4) Provisional award fee payments [insert "will" or "will not", as appropriate] be
made prior to the first award fee determination by the Government.
(g) Award fee determinations are unilateral decisions made solely at the discretion of the
Government.
* [A period of time greater or lesser than 6 months may be substituted in accordance with
1816.405-272(a).]
(End of clause)
[PN 18-11]
1852.216-77 Award Fee for End Item Contracts.
As prescribed in 1816.406-70(b), insert the following clause:
AWARD FEE FOR END ITEM CONTRACTS
(AUG 2016)
(a) The contractor can earn award fee, or base fee, if any, from a minimum of zero
dollars to the maximum stated in NASA FAR Supplement clause 1852.216-85, "Estimated Cost
and Award Fee" in this contract. All award fee evaluations, with the exception of the last
evaluation, will be interim evaluations. At the last evaluation, which is final, the Contractor's
performance for the entire contract will be evaluated to determine total earned award fee. No
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award fee or base fee will be paid to the Contractor if the final award fee evaluation is
"poor/unsatisfactory."
(b) Beginning 6* months after the effective date of this contract, the Government will
evaluate the Contractor's interim performance every 6* months to monitor Contractor
performance prior to contract completion and to provide feedback to the Contractor. The
evaluation will be performed in accordance with [identify performance evaluation plan] to this
contract. The Contractor may submit a self-evaluation of performance for each period under
consideration. These self-evaluations will be considered by the Government in its evaluation.
The Government will advise the Contractor in writing of the evaluation results. The plan may be
revised unilaterally by the Government prior to the beginning of any rating period to redirect
emphasis.
(c)(1) Base fee, if applicable, will be paid in [Insert "monthly", or less frequent period]
installments based on the percent of completion of the work as determined by the Contracting
Officer.
(2) Interim award fee payments will be made to the Contractor based on each
interim evaluation. The amount of the interim award fee payment is limited to the lesser of the
interim evaluation score or 80 percent of the fee allocated to that period less any provisional
payments made during the period. All interim award fee payments will be superseded by the
final award fee determination.
(3) Provisional award fee payments will [insert "not" if applicable] be made
under this contract pending each interim evaluation. If applicable, provisional award fee
payments will be made to the Contractor on a [insert the frequency of provisional payments (not
more often than monthly) basis. The amount of award fee which will be provisionally paid in
each evaluation period is limited to [Insert a percent not to exceed 80 percent] of the prior
interim evaluation score (see [insert applicable cite]), except for the first evaluation period which
is limited to [insert a percent not to exceed 80 percent] of the available award fee for that
evaluation period. Provisional award fee payments made each evaluation period will be
superseded by the interim award fee evaluation for that period. If provisional payments made
exceed the interim evaluation score, the Contractor will either credit the next payment voucher
for the amount of such overpayment or refund the difference to the Government, as directed by
the Contracting Officer. If the Government determines that (i) the total amount of provisional
fee payments will apparently substantially exceed the anticipated final evaluation score, or (ii)
the prior interim evaluation is "poor/unsatisfactory," the Contracting Officer will direct the
suspension or reduction of the future payments and/or request a prompt refund of excess
payments as appropriate. Written notification of the determination will be provided to the
Contractor with a copy to the Deputy Chief Financial Officer (Finance).
(4) All interim (and provisional, if applicable) fee payments will be superseded
by the fee determination made in the final award fee evaluation. The Government will then pay
the Contractor, or the Contractor will refund to the Government the difference between the final
award fee determination and the cumulative interim (and provisional, if applicable) fee
payments. If the final award fee evaluation is "poor/unsatisfactory", any base fee paid will be
refunded to the Government.
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(5) Payment of base fee, if applicable, will be made based on submission of an
invoice by the Contractor. Payment of award fee will be made by the [insert payment office]
based on [Insert method of making award fee payment, e.g., issuance of a unilateral modification
by the Contracting Officer].
(d) The Contracting Officer may direct the withholding of interim award fee payments
until a reserve is set aside in an amount that the Contracting Officer considers necessary to
protect the Government's interest relative to an orderly and timely closeout of the contract. This
reserve shall not exceed 15 percent of the contracts total potential award fee or $100,000,
whichever is less.
(e) Award fee determinations are unilateral decisions made solely at the discretion of the
Government.
* [A period of time greater or lesser than 6 months may be substituted in accordance with
1816.405-272(a).]
(End of clause)
1852.216-78 Firm Fixed Price.
As prescribed in 1816.202-70, insert the following clause:
FIRM FIXED PRICE
(DEC 1988)
The total firm fixed price of this contract is $[Insert the appropriate amount].
(End of clause)
1852.216-80 Task Ordering Procedure.
As prescribed in 1816.506-70, insert the following clause:
TASK ORDERING PROCEDURE
(OCT 1996)
(a) Only the Contracting Officer may issue task orders to the Contractor, providing
specific authorization or direction to perform work within the scope of the contract and as
specified in the schedule. The Contractor may incur costs under this contract in performance of
task orders and task order modifications issued in accordance with this clause. No other costs
are authorized unless otherwise specified in the contract or expressly authorized by the
Contracting Officer.
(b) Prior to issuing a task order, the Contracting Officer shall provide the Contractor with
the following data:
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(1) A functional description of the work identifying the objectives or results
desired from the contemplated task order.
(2) Proposed performance standards to be used as criteria for determining
whether the work requirements have been met.
(3) A request for a task plan from the Contractor to include the technical
approach, period of performance, appropriate cost information, and any other information
required to determine the reasonableness of the Contractor's proposal.
(c) Within ____ calendar days after receipt of the Contracting Officer's request, the
Contractor shall submit a task plan conforming to the request.
(d) After review and any necessary discussions, the Contracting Officer may issue a task
order to the Contractor containing, as a minimum, the following:
(1) Date of the order.
(2) Contract number and order number.
(3) Functional description of the work identifying the objectives or results desired
from the task order, including special instructions or other information necessary for
performance of the task.
(4) Performance standards, and where appropriate, quality assurance standards.
(5) Maximum dollar amount authorized (cost and fee or price). This includes
allocation of award fee among award fee periods, if applicable.
(6) Any other resources (travel, materials, equipment, facilities, etc.) authorized.
(7) Delivery/performance schedule including start and end dates.
(8) If contract funding is by individual task order, accounting and appropriation
data.
(e) The Contractor shall provide acknowledgment of receipt to the Contracting Officer
within ____ calendar days after receipt of the task order.
(f) If time constraints do not permit issuance of a fully defined task order in accordance
with the procedures described in paragraphs (a) through (d), a task order which includes a ceiling
price may be issued.
issued.
(g) The Contracting Officer may amend tasks in the same manner in which they were
(h) In the event of a conflict between the requirements of the task order and the
Contractor's approved task plan, the task order shall prevail.
(End of clause)
ALTERNATE I
(APR 2018)
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As prescribed in 1816.506-70(a), insert the following paragraph (i):
(i) Contractor shall submit progress reports, as required. When required, the reports
shall contain, at a minimum, the following information:
(1) Contract number, task order number, and date of the order.
(2) Total estimated dollar amount of task order(s).
(3) Cost and hours incurred to date for each issued task order.
(4) Costs and hours estimated to complete each issued task order.
(5) Significant issues/problems associated with a task order.
(6) Cost summary of the status of all task orders issued under the contract.
(7) Invoice number.
[PN 18-07]
ALTERNATE II
(APR 2018)
As prescribed in 1816.506-70(b), insert the following paragraph (i):
(i) Contractor shall submit progress reports, as required. When required, the reports shall
contain, at a minimum, the following information:
(1) Contract number, task order number, and date of the order.
(2) Price and billed amounts to date for each task order.
(3) Significant issues/problems associated with the task order.
(4) Status of all task orders issued under the contract.
(5) Invoice number.
[PN 18-07]
1852.216-81 Estimated Cost.
As prescribed in 1816.307-70(d), insert the following clause:
ESTIMATED COST
(DEC 1988)
The total estimated cost for complete performance of this contract is $[Insert total
estimated cost of the contract]. See FAR clause 52.216-11, Cost Contract--No Fee, of this
contract.
(End of clause)
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1852.216-83 Fixed Price Incentive.
As prescribed in 1816.406-70(c), insert the following clause:
FIXED PRICE INCENTIVE
(OCT 1996)
The target cost of this contract is $ . The Target profit of this contract is $
. The target
price (target cost plus target profit) of this contract is $ . [The ceiling price is $ .]
The cost sharing for target cost underruns is:
Government ____percent
Contractor ____percent.
The cost sharing for target cost overruns is:
Government ____percent
Contractor ____percent.
(End of clause)
1852.216-84 Estimated Cost and Incentive Fee.
As prescribed in 1816.406-70(d), insert the following clause:
ESTIMATED COST AND INCENTIVE FEE
(OCT 1996)
The target cost of this contract is $ . The target fee of this contract is $
. The total target
cost and target fee as contemplated by the Incentive Fee clause of this contract are $ .
The maximum fee is $____.
The minimum fee is $____.
The cost sharing for cost underruns is:
Government ____percent Contractor ____percent.
The cost sharing for cost overruns is:
Government ____percent Contractor ____percent.
(End of clause)
1852.216-85 Estimated Cost and Award Fee.
As prescribed in 1816.406-70(e), insert the following clause:
ESTIMATED COST AND AWARD FEE
(SEP 1993)
The estimated cost of this contract is $
. The maximum available award fee,
excluding base fee, if any, is $
. The base fee is $
. Total estimated cost, base fee, and
maximum award fee are $
.
(End of clause)
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ALTERNATE I
(SEP 1993)
As prescribed in 1816.406-70(e), insert the following sentence at the end of the clause:
The maximum positive performance incentive is $
performance incentive is (1) .
. The maximum negative
(1) For research development hardware contracts, insert [equal to total earned award fee
(including any base fee)]. For production hardware contracts, insert [$total potential award fee
amount, including any base fee)].
(End of clause)
1852.216-87 Reserved.
1852.216-88 Performance Incentive.
As prescribed in 1816.406-70(f), insert the following clause:
PERFORMANCE INCENTIVE
(APR 2015)
(a) A performance incentive applies to the following item(s) under this contract: (1)
The performance incentive will measure the performance of those items against the
salient performance requirement, called "unit(s) of measurement," e.g., months in service or
amount of data transmitted, identified below. The performance incentive becomes effective
when the hardware is put into service. It includes a standard performance level, a positive
incentive, and a negative incentive, which are described in this clause.
(b) Standard performance level. At the standard performance level, the Contractor has
met the contract requirement for the unit of measurement. Neither positive nor negative
incentives apply when this level is achieved but not exceeded. The standard performance level
for (1) is established as follows: (2)
(c) Positive incentive. The Contractor earns a separate positive incentive amount for
each item listed in paragraph (a) of this clause when the standard performance level for that item
is exceeded. The amount earned for each item varies with the units of measurement achieved, up
to a maximum positive performance incentive amount of $ (3) per item. The units of
measurement and the incentive amounts associated with achieving each unit are shown below:
(d) Negative incentive. The Contractor will pay to the Government a negative incentive
amount for each item that fails to achieve the standard performance level. The amount to be paid
for each item varies with the units of measurement achieved, up to the maximum negative
incentive amount of $ (5) . The units of measurement and the incentive amounts associated with
achieving each unit are shown below: (6)
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(e) The final calculation of positive or negative performance incentive amounts shall be
done when performance (as defined by the unit of measurement) ceases or when the maximum
positive incentive is reached.
(1) When the Contracting Officer determines that the performance level achieved
fell below the standard performance level, the Contractor will either pay the amount due the
Government or credit the next payment voucher for the amount due, as directed by the
Contracting Officer.
(2) When the performance level exceeds the standard level, 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 performance ceases or the
maximum positive incentive is reached, the Government shall calculate the final performance
incentive earned and unpaid and promptly remit it to the contractor.
(f) If performance cannot be demonstrated, through no fault of the Contractor, within
[insert number of months or years] after the date of acceptance by the Government, the
Contractor will be paid [insert percentage] of the maximum performance incentive.
(g) The decisions made as to the amount(s) of positive or negative incentives are subject
to the Disputes clause.
(1) Insert applicable item number(s) descriptor and/or nomenclature.
(2) Insert a specific unit of measurement for each hardware item listed in (1) and
each salient characteristic, if more than one.
(3) Insert the maximum positive performance incentive amount (see 1816.402270(e)(1) and (2)).
(4) Insert all units of measurement and associated dollar amounts up to the
maximum performance incentive.
(5) Insert the appropriate amount in accordance with 1816.402-270(e).
(6) Insert all units of measurement and associated dollar amounts up to the
maximum negative performance incentive.
(End of clause)
1852.216-89 Assignment and Release Forms.
As prescribed in 1816.307-70(f), insert the following clause:
ASSIGNMENT AND RELEASE FORMS
(AUG 2016)
The Contractor shall use the following forms to fulfill the assignment and release
requirements of FAR clause 52.216-7, Allowable Cost and Payment:
NASA Form 778, Contractor’s Release;
NASA Form 779, Assignee’s Release;
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Amounts; and
NASA Form 780, Contractor’s Assignment of Refunds, Rebates, Credits, and Other
NASA Form 781, Assignee’s Assignment of Refunds, Rebates, Credits, and Other
Amounts.
Computer generated forms are acceptable, provided that they comply with FAR clause 52.253-1,
Computer Generated Forms.
(End of clause)
1852.216-90 Allowability of legal costs incurred in connection with a whistleblower
proceeding.
As prescribed in 1816.307-70(g), use the following clause:
ALLOWABILITY OF LEGAL COSTS INCURRED IN CONNECTION WITH A
WHISTLEBLOWER PROCEEDING
(AUG 2014)
Pursuant to section 827 of the National Defense Authorization Act for Fiscal year 2013
(Pub. L. 112-239), notwithstanding FAR clause 52.216-7, Allowable Cost and Payment—
(1) The restrictions of FAR 31.205-47(b) on allowability of costs related to legal
and other proceedings also apply to any proceeding brought by a contractor employee submitting
a complaint under 10 U.S.C. 2409, entitled ``Contractor employees: protection from reprisal for
disclosure of certain information;'' and
(2) Costs incurred in connection with a proceeding that is brought by a contractor
employee submitting a complaint under 10 U.S.C. 2409 are also unallowable if the result is an
order to take corrective action under 10 U.S.C. 2409.
(End of clause)
1852.217-70 Reserved.
1852.217-71 Phased Acquisition Using Down-Selection Procedures.
As prescribed in 1817.7002(a), insert the following clause:
PHASED ACQUISITION USING DOWN-SELECTION PROCEDURES
(APR 2015)
(a) This solicitation is for the acquisition of ______ [insert Program title]. The
acquisition will be conducted as a two-phased procurement using a competitive down-selection
technique between phases. In this technique, two or more contractors will be selected for Phase
1. It is expected that the single contractor for Phase 2 will be chosen from among these
contractors after a competitive down-selection.
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(b) Phase 1 is for the _____ [insert purpose of phase]. Phase 2 is for _____ [insert
general Phase 2 goals].
(c) The competition for Phase 2 will be based on the results of Phase 1, and the award
criteria for Phase 2 will include successful completion of Phase 1 requirements.
(d) NASA will issue a separate, formal solicitation for Phase 2 that will include all
information required for preparation of proposals, including the final evaluation factors.
(e) Phase 2 will be synopsized in the Governmentwide Point of Entry (GPE) in
accordance with FAR 5.201 and 5.203 unless one of the exceptions in FAR 5.202 applies.
Notwithstanding NASA's expectation that only the Phase 1 contractors will be capable of
successfully competing for Phase 2, all proposals will be considered.
(f) To be considered for Phase 2 award, offerors must demonstrate a design maturity
equivalent to that of the Phase 1 contractors. This demonstration shall include the following
Phase 1 deliverables upon which Phase 2 award will be based: _____ [insert the specific Phase
1 deliverables]. Failure to fully and completely demonstrate the appropriate level of design
maturity may render the proposal unacceptable with no further consideration for contract award.
(g) The following draft Phase 2 evaluation factors are provided for your information.
Please note that these evaluation factors are not final, and NASA reserves the right to change
them at any time up to and including the date upon which Phase 2 proposals are solicited.
[Insert draft Phase 2 evaluation factors (and subfactors, if available), including
demonstration of successful completion of Phase 1 requirements.]
(h) Although NASA will request Phase 2 proposals from Phase 1 contractors, submission
of the Phase 2 proposal is not a requirement of the Phase 1 contract. Accordingly, the costs of
preparing these proposals shall not be a direct charge to the Phase 1 contract or any other
Government contract.
(i) The anticipated schedule for conducting this phased procurement is provided for your
information. These dates are projections only and are not intended to commit NASA to complete
a particular action at a given time. [Insert dates below].
Phase 1 award Phase 2 synopsis Phase 2 proposal requested Phase 2 proposal receipt Phase 2 award –
(End of clause)
1852.217-72 Phased Acquisition Using Progressive Competition Down-Selection
Procedures.
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As prescribed in 1817.7002(b), insert the following clause:
PHASED ACQUISITION USING PROGRESSIVE COMPETITION
DOWN-SELECTION PROCEDURES
(NOV 2011)
(a) This solicitation is for the acquisition of ________ [insert Program title]. The
acquisition will be conducted as a two-phased procurement using a progressive competition
down-selection technique between phases. In this technique, two or more contractors will be
selected for Phase 1. It is expected that the single contractor for Phase 2 will be chosen from
among these contractors after a competitive down-selection.
(b) Phase 1 is for the ________ [insert purpose of phase]. Phase 2 is for ________
[insert general Phase 2 goals].
(c) The competition for Phase 2 will be based on the results of Phase 1, and the award
criteria for Phase 2 will include successful completion of Phase 1 requirements.
(d) NASA does not intend to issue a separate, formal solicitation for Phase 2. Instead,
Phase 2 proposals will be requested from the Phase 1 contractors by means of ________
[indicate method of requesting proposals, e.g., by a letter]. All information required for
preparation of Phase 2 proposals, including the final evaluation criteria and factors, will be
provided at that time.
(e) Phase 2 will be synopsized in the Governmentwide Point of Entry (GPE) in
accordance with FAR 5.201 and 5.203 unless one of the exceptions in FAR 5.202 applies.
Notwithstanding NASA's expectation that only the Phase 1 contractors will be capable of
successfully competing for Phase 2, all proposals will be considered. Any other responsible
source may indicate its desire to submit a proposal by responding to the Phase 2 synopsis, and
NASA will provide that source all the material furnished to the Phase 1 contractors necessary to
submit a proposal.
(f) To be considered for Phase 2 award, offerors must demonstrate a design maturity
equivalent to that of the Phase 1 contractors. This demonstration shall include the following
Phase 1 deliverables upon which Phase 2 award will be based: ________ [insert the specific
Phase 1 deliverables]. Failure to fully and completely demonstrate the appropriate level of
design maturity may render the proposal unacceptable with no further consideration for contract
award.
(g) The following draft Phase 2 evaluation factors are provided for your information.
Please note that these evaluation factors are not final, and NASA reserves the right to change
them at any time up to and including the date upon which Phase 2 proposals are requested. Any
such changes in evaluation factors will not necessitate issuance of a new, formal solicitation for
Phase 2.
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[Insert draft Phase 2 evaluation factors (and subfactors, if available), including
demonstration of successful completion of Phase 1 requirements.]
(h) Although NASA will request Phase 2 proposals from Phase 1 contractors, submission
of the Phase 2 proposal is not a requirement of the Phase 1 contract. Accordingly, the costs of
preparing these proposals shall not be a direct charge to the Phase 1 contract or any other
Government contract.
(i) The anticipated schedule for conducting this phased procurement is provided for your
information. These dates are projections only and are not intended to commit NASA to complete
a particular action at a given time. [Insert dates below].
Phase 1 award Phase 2 synopsis Phase 2 proposal requested Phase 2 proposal receipt Phase 2 award –
(End of clause)
1852.219-11 Special 8(a) Contract Conditions.
As prescribed in 1819.811-3(a), insert the following clause in lieu of 52.219-11:
Special 8(a) Contract Conditions
(APR 2015)
(a) This contract is issued as a direct award between the contracting activity and the 8(a)
contractor pursuant to a Partnership Agreement between the Small Business Administration (SBA)
and the National Aeronautics and Space Administration. Accordingly, the SBA is not a signatory
to this contract. SBA does retain responsibility for 8(a) certification, 8(a) eligibility determinations
and related issues, and providing counseling and assistance to the 8(a) contractor under the 8(a)
program. The cognizant SBA district office is:
________________________________________
________________________________________
________________________________________
[insert name and address of cognizant SBA office]
(b) The contracting activity is responsible for administering the contract and taking any
action on behalf of the Government under the terms and conditions of the contract; provided,
however, that the contracting activity shall give advance notice to the SBA before it issues a final
notice terminating performance, either in whole or in part, under the contract. The contracting
activity shall also coordinate with the SBA prior to processing any novation agreement. The
contracting activity may assign contract administration functions to a contract administration
office.
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(c) The contractor agrees to notify the Contracting Officer, simultaneous with its
notification to SBA (as required by SBA's 8(a) regulations), when the owner or owners upon
whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent
with Section 407 of Public Law 100-656, transfer of ownership or control shall result in
termination of the contract for convenience, unless SBA waives the requirement for termination
prior to the actual relinquishing of ownership and control.
(End of clause)
1852.219-18 Notification of Competition Limited to Eligible 8(a) Concerns.
As prescribed in 1819.811-3(d), insert the following clause:
NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS
(APR 2015)
(a) Offers are solicited only from small business concerns expressly certified by the Small
Business Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the
following criteria at the time of submission of offer—
(1) The Offeror is in conformance with the 8(a) support limitation set forth in its
approved business plan; and
(2) The Offeror is in conformance with the Business Activity Targets set forth in
its approved business plan or any remedial action directed by the SBA.
(b) By submission of its offer, the Offeror represents that it meets all of the criteria set
forth in paragraph (a) of this clause.
(c) Any award resulting from this solicitation will be made directly by the Contracting
Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this
solicitation.
(d)(1) Agreement. A small business concern submitting an offer in its own name shall
furnish, in performing the contract, only end items manufactured or produced by small business
concerns in the United States or its outlying areas. If this procurement is processed under
simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a
small business concern may furnish the product of any domestic firm. This paragraph does not
apply to construction or service contracts.
(2) The ____________ [insert name of SBA's contractor] will notify the
____________ [insert name of contracting agency] Contracting Officer in writing immediately
upon entering an agreement (either oral or written) to transfer all or part of its stock or other
ownership interest to any other party.
(End of clause)
1852.219-73 Small Business Subcontracting Plan.
As prescribed in 1819.708-70(a), insert the following provision:
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SMALL BUSINESS SUBCONTRACTING PLAN
(MAY 1999)
(a) This provision is not applicable to small business concerns.
(b) The contract expected to result from this solicitation will contain FAR clause 52.2199, "Small Business Subcontracting Plan." The apparent low bidder must submit the complete
plan within [Insert number of days] calendar days after request by the Contracting Officer.
(End of provision)
1852.219-74 Reserved.
1852.219-75 Individual Subcontracting Reports.
As prescribed in 1819.708-70(b), insert the following clause:
INDIVIDUAL SUBCONTRACTING REPORTS
(APR 2015)
When submitting Individual Subcontracting Reports in eSRS in accordance with FAR
52.219-9 (l) (1), the contractor shall enter goals as a percentage of total contract value as well as a
percentage of total subcontract dollars.
(End of clause)
1852.219-77 NASA Mentor-Protégé Program.
As prescribed in 1819.7215, insert the following clause:
NASA MENTOR-PROTEGE PROGRAM
(APR 2015)
(a) Prime contractors are encouraged to participate in the NASA Mentor-Protégé
Program for the purpose of providing developmental assistance to eligible protégé entities to
enhance their capabilities and increase their participation in NASA contracts.
(b) The Program consists of—
(1) Mentors, which are large businesses and prime contractors with at least one
active and approved NASA subcontracting plan;
(2) Protégés, which are subcontractors to the prime contractor. Protégés must
qualify as a small disadvantaged business concerns, women-owned small business concerns,
veteran-owned or service-disabled veteran-owned small business concerns, HUBZone small
business concerns, Historically Black Colleges and Universities, minority institutions of higher
education, meeting the qualifications defined in FAR Part 2, Definitions of Parts and Term,
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active NASA SBIR Phase II companies or nonprofit agencies employing people who are blind or
severely disabled as defined in 41 CFR Chapter 51;
(3) Mentor-protégé agreements endorsed by the cognizant NASA centers and
approved by the NASA Office of Small Business Programs (OSBP); and
(4) In contracts with award fee incentives, potential for payment of an award fee
for voluntary participation and successful performance in the Mentor-Protégé Program, in
accordance with NFS 1819.7208.
(c) Mentor participation in the Program, described in NFS 1819.72, means providing
technical, managerial and financial assistance to aid protégés in developing requisite high-tech
expertise and business systems to compete for and successfully perform NASA contracts and
subcontracts.
(d) Contractors interested in participating in the program are encouraged to contact the
NASA OSBP, Washington, DC 20546, (202) 358-2088, for further information.
(End of clause)
1852.219-79 Mentor Requirements and Evaluation.
As prescribed in 1819.7215, insert the following clause:
MENTOR REQUIREMENTS AND EVALUATION
(APR 2015)
(a) The purpose of the NASA Mentor-Protégé Program is for a NASA prime contractor
to provide developmental assistance to certain subcontractors qualifying as protégés.
Eligible protégés include small disadvantaged business concerns, women-owned small business
concerns, veteran-owned or service-disabled veteran-owned small business concerns, HUBZone
small business concerns, Historically Black Colleges and Universities, minority institutions of
higher education, as defined in FAR part 2, Definitions of Parts and Terms, active NASA
SBIR/STTR Phase II companies and nonprofit agencies employing the blind or severely
handicapped as defined in 41 CFR chapter 51.
(b) NASA will evaluate the contractor's performance on the following factors. If this
contract includes an award fee incentive, this assessment will be accomplished as part of the fee
evaluation process.
(1) Specific actions taken by the contractor, during the evaluation period, to
increase the participation of protégés as subcontractors and suppliers;
(2) Specific actions taken by the contractor during this evaluation period to
develop the technical and corporate administrative expertise of a protégé as defined in the
agreement;
(3) To what extent the mentor and protégé have met the developmental
milestones outlined in the agreement; and
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(4) To what extent the entities participation in the Mentor-Protégé Program
resulted in the protégé receiving competitive contract(s) and subcontract(s) from private firms
and agencies other than the mentor.
(5) To what extent has the mentor contributed to advancing the protégé’s
technical readiness level.
(c) Semiannual reports shall be submitted by the mentor and the protégé to the cognizant
NASA center and NASA Headquarters Office of Small Business Programs (OSBP), following
the semiannual report template found on the Web site at http://www.osbp.nasa.gov.
(d) The mentor will notify the cognizant NASA center and NASA OSBP in writing, at
least 30 days in advance of the mentor's intent to voluntarily withdraw from the program or upon
receipt of a protégé's notice to withdraw from the Program;
(e) At the end of each year in the Mentor-Protégé Program, the mentor and protégé, as
appropriate, will formally brief the NASA Mentor-Protégé program manager, the technical
program manager, and the contracting officer during a formal program review regarding
Program accomplishments, as it pertains to the approved agreement.
(f) NASA may terminate mentor-protégé agreements for good cause, thereby excluding
mentors or protégés from participating in the NASA Mentor-Protégé program. These actions
shall be approved by the NASA OSBP. NASA shall terminate an agreement by delivering to the
contractor a letter specifying the reason for termination and the effective date. Termination of an
agreement does not constitute a termination of the subcontract between the mentor and the
protégé. A plan for accomplishing the subcontract effort should the agreement be terminated
shall be submitted with the agreement.
(End of clause)
1852.219-80 Limitation on Subcontracting – SBIR Phase I Program.
As prescribed in 1819.7302(a), insert the following clause:
LIMITATION ON SUBCONTRACTING – SBIR PHASE I PROGRAM
(OCT 2006)
The Contractor shall perform a minimum of two-thirds of the research and/or analytical
effort (total contract price less profit) conducted under this contract. Any deviation from this
requirement must be approved in advance and in writing by the Contracting Officer.
(End of clause)
1852.219-81 Limitation on Subcontracting – SBIR Phase II Program.
As prescribed in 1819.7302(b), insert the following clause:
LIMITATION ON SUBCONTRACTING – SBIR PHASE II PROGRAM
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(OCT 2006)
The Contractor shall perform a minimum of one-half of the research and/or analytical
effort (total contract price less profit) conducted under this contract. Any deviation from this
requirement must be approved in advance and in writing by the Contracting Officer. Since the
selection of R&D contractors is substantially based on the best scientific and technological
sources, it is important that the Contractor not subcontract technical or scientific work without
the Contracting Officer's advance approval.
(End of clause)
1852.219-82 Limitation on Subcontracting – STTR Program.
As prescribed in 1819.7302(c), insert the following clause:
LIMITATION ON SUBCONTRACTING – STTR PROGRAM
(OCT 2006)
The Contractor shall perform a minimum of 40 percent of the work under this contract
(total contract price including cost sharing, if any, less profit if any). A minimum of 30 percent
of the work under this contract shall be performed by the research institution. Since the selection
of R&D contractors is substantially based on the best scientific and technological sources, it is
important that the Contractor not subcontract technical or scientific work without the Contracting
Officer's advance approval.
(End of clause)
1852.219-83 Limitation of the Principal Investigator – SBIR Program.
As prescribed in 1819.7302(d), insert the following clause:
LIMITATION OF THE PRINCIPAL INVESTIGATOR – SBIR PROGRAM
(OCT 2006)
The primary employment of the principal investigator (PI) shall be with the small
business concern (SBC)/Contractor during the conduct of this contract. Primary employment
means that more than one-half of the principal investigator's time is spent in the employ of the
SBC/Contractor. This precludes full-time employment with another organization. Deviations
from these requirements must be approved in advance and in writing by the Contracting Officer
and are not subject to a change in the firm-fixed price of the contract. The PI for this contract is
(insert name).
(End of clause)
1852.219-84 Limitation of the Principal Investigator – STTR Program.
As prescribed in 1819.7302(e), insert the following clause:
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LIMITATION OF THE PRINCIPAL INVESTIGATOR – STTR PROGRAM
(OCT 2006)
(a) The primary employment of the principal investigator (PI) identified in paragraph (b)
of this clause is with the small business concern (SBC)/Contractor or the research institution
(RI). Primary employment means that more than one-half of the principal investigator's time is
spent in the employ of the SBC/Contractor or RI.
(b) The PI is considered to be key personnel in the performance of this contract. The
SBC/Contractor, whether or not the employer of the PI, shall exercise primary management
direction and control over the PI and be overall responsible for the PI’s performance under this
contract. Deviations from these requirements must be approved in advance and in writing by the
Contracting Officer and are not subject to a change in the firm-fixed price of the contract. The PI
for this contract is (insert name).
(End of clause)
1852.219-85 Conditions for Final Payment – SBIR and STTR Contracts.
As prescribed in 1819.7302(f), insert the following clause:
CONDITIONS FOR FINAL PAYMENT—SBIR AND STTR CONTRACTS
(OCT 2006)
As a condition for final payment under this contract, the Contractor shall provide the
following certifications as part of its final payment invoice request:
During performance of this contract—
1. Essentially equivalent work performed under this contract has not been
proposed for funding to another Federal agency;
2. No other Federal funding award has been received for essentially equivalent
work performed under this contract;
3. Deliverable items submitted under this contract have not been submitted as
deliverable items under another Federal funding award;
4. For SBIR contracts: The subcontracting limitation set forth in this contract was
not exceeded except as approved in writing by the Contracting Officer on (insert date of approval
or modification number.);
5. For STTR contracts: The subcontracting limitation set forth in this contract
was not exceeded;
6. For SBIR contracts: The primary employment of the principal investigator (PI)
identified in this SBIR contract was with the Contractor, except as approved in writing by the
Contracting Officer on (insert date of approval or modification number.); and
7. For STTR contracts: The primary employment of the principal investigator
(PI) identified in this STTR contract was the SBC/Contractor or the research institution (RI).
The PI identified in the STTR contract was considered key in the performance of this contract.
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The SBC/Contractor whether or not the employer of the PI, did exercise primary management
direction and control over the PI and was overall responsible for the PI’s performance under this
contract. Any substitutions of this individual were approved in writing by the Contracting
Officer on (insert date of approval or modification number.).
I understand that the willful provision of false information or concealing a material fact in
this representation is a criminal offense under Title 18 USC, Section 1001, False Statements, as
well as Title 18 USC, Section 287, False Claims.
(End of clause)
1852.223-70 Safety and Health Measures and Mishap Reporting.
As prescribed in 1823.7001(a), insert the following clause:
SAFETY AND HEALTH MEASURES AND MISHAP REPORTING
(DEC 2015)
(a) Safety is the freedom from those conditions that can cause death, injury, occupational
illness, damage to or loss of equipment or property, or damage to the environment. NASA’s
safety priority is to protect: (1) the public, (2) astronauts and pilots, (3) the NASA workforce
(including contractor employees working on NASA contracts), and (4) high-value equipment and
property.
(b) The Contractor shall take all reasonable safety and occupational health measures in
performing this contract. The Contractor shall maintain an effective worksite safety and health
program with organized and systematic methods to—
(1) Comply with Federal, State, and local safety and occupational health laws and
with the safety and occupational health requirements of this contract;
(2) Describe and assign the responsibilities of managers, supervisors, and
employees;
(3) Inspect regularly for and identify, evaluate, prevent, and control hazards;
(4) Orient and train employees to eliminate or avoid hazards; and
(5) Periodically review the program’s effectiveness.
Authorized Government representatives shall have access to and the right to examine the work
site and related records under this Contract in order to determine the adequacy of the
Contractor’s safety and occupational health measures.
(c) The Contractor shall take, or cause to be taken, any other safety, and occupational
health measures the Contracting Officer may reasonably direct. To the extent that the Contractor
may be entitled to an equitable adjustment for those measures under the terms and conditions of
this contract, the equitable adjustment shall be determined pursuant to the procedures of the
changes clause of this contract; provided, that no adjustment shall be made under this Safety and
Health clause for any change for which an equitable adjustment is expressly provided under any
other clause of the contract.
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(d) The Contractor shall immediately notify the Contracting Officer or a designee any
Type A, B, C, or D Mishap, or close calls as defined in NASA Procedural Requirement (NPR)
8621.1, Mishap and Close Call Reporting, Investigating, and Recordkeeping. In addition,
service contractors (excluding construction contracts) shall provide quarterly reports specifying
lost-time frequency rate, number of lost-time injuries, exposure, and accident/incident dollar
losses as specified in the contract Schedule.
(e) The Contractor shall cooperate with any Government-authorized investigation of
Type A, B, C, or D Mishaps, or Close Calls reported pursuant to paragraph (d) of this clause by
providing access to employees; and relevant information in the possession of the Contractor
regarding the mishap or close call.
(f)(1) The Contracting Officer may notify the Contractor of any noncompliance with this
clause and specify corrective actions to be taken. When the Contracting Officer becomes aware
of noncompliance that may pose a serious or imminent danger to safety and health of the public,
astronauts and pilots, the NASA workforce (including contractor employees working on NASA
contracts), or high value mission critical equipment or property, the Contracting Officer will
notify the Contractor orally, with written confirmation. The Contractor shall promptly take any
necessary corrective action.
(2) If the Contractor fails or refuses to institute prompt corrective action in
accordance with subparagraph (f)(1) of this clause, the Contracting Officer may—
(i) Invoke the stop-work order clause in this contract;
(ii) Require the Contractor to remove and replace Contractor or
subcontractor personnel who fail to comply with or violate applicable requirements of this
clause;
(iii) Record the Contractor’s failure to comply in the appropriate
databases of past performance; and
(iv) Consider the Contractor’s failure to comply in any responsibility
determination or evaluation of past performance.
(g) The Contractor shall insert the substance of this clause, including this paragraph (g)
in all subcontracts above the simplified acquisition threshold when the work will be conducted
completely or partly on federally-controlled facilities.
(End of clause)
1852.223-71 Authorization for Radio Frequency Use.
As prescribed in 1823.7101, insert the following clause:
AUTHORIZATION FOR RADIO FREQUENCY USE
(APR 2015)
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(a) The Contractor or subcontractor shall obtain equipment authorization for use of radio
frequencies required in support of this contract following the procedures in NPR, 2570.1, NASA
Radio Frequency (RF) Spectrum Management Manual.
(b) For any experimental, developmental, or operational equipment for which the
appropriate equipment frequency authorization has not been made, the Contractor or
subcontractor shall provide the technical and operating characteristics of the proposed
electromagnetic radiating device to the Center/Facility Spectrum Manager during the initial
planning, experimental, or developmental phase of contractual performance.
(c) This clause, including this paragraph (c), shall be included in all subcontracts that call
for developing, producing, testing, or operating a device for which a radio frequency
authorization is required.
(End of clause)
1852.223-72 Safety and Health (Short Form).
As prescribed in 1823.7001(f), insert the following clause:
SAFETY AND HEALTH (SHORT FORM)
(JUL 2015)
(a) Safety is the freedom from those conditions that can cause death, injury, occupational
illness; damage to or loss of equipment or property, or damage to the environment. NASA is
committed to protecting the safety and health of the public, our team members, and those assets
that the Nation entrusts to the Agency.
(b) The Contractor shall have a documented, comprehensive and effective health and
safety program with a proactive process to identify, assess, and control hazards and take all
reasonable safety and occupational health measures consistent with standard industry practice in
performing this contract.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c)
in subcontracts that exceed the simplified acquisition threshold where work will be conducted
completely or partly on Federally-controlled facilities.
(End of clause)
1852.223-73 Safety and Health Plan.
As prescribed in 1823.7001(c), insert the following provision:
SAFETY AND HEALTH PLAN
(JUL 2015)
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(a) The offeror shall submit a detailed safety and occupational health plan as part of its
proposal. The plan shall include a detailed discussion of the policies, procedures, and techniques
that will be used to ensure the safety and occupational health of Contractor employees and to
ensure the safety of all working conditions throughout the performance of the contract.
(b) The plan shall similarly address subcontractor employee safety and occupational
health for those proposed subcontracts or subcontract effort where the work will be conducted
completely or partly on a Federally-controlled facility.
(c) This plan, as approved by the Contracting Officer, will be incorporated into any
resulting contract.
(End of provision)
ALTERNATE I
(JUL 2015)
As prescribed in 1823.7001(c), delete the first sentence in paragraph (a) of the basic
provision and substitute the following:
The apparent low bidder, upon request by the Contracting Officer, shall submit a detailed safety
and occupational health plan. The plan shall be submitted within the time specified by the
Contracting Officer. Failure to submit an acceptable plan shall make the bidder ineligible for the
award of a contract.
1852.223-74 Drug- and alcohol-free workforce.
As prescribed in 1823.570-2, insert the following clause:
DRUG- AND ALCOHOL-FREE WORKFORCE
(NOV 2015)
(a) Definitions.
“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 or performing mission critical duties. The term also includes any applicant who
is tentatively selected for a position described in this paragraph.
“Mission Critical Space Systems” means the collection of all space-based and groundbased systems used to conduct space missions or support activity in space, including, but not
limited to, the crewed space system, space-based communication and navigation systems, launch
systems, and mission/launch control.
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“Mission Critical Positions/Duties” means positions or duties which, if performed in a
faulty, negligent, or malicious manner, could jeopardize mission critical space systems and/or
delay a mission.
(b)(1) The Contractor shall institute and maintain a program for achieving a drug-and
alcohol-free workforce. As a minimum, the program shall provide for preemployment,
reasonable suspicion, random, post-accident, and periodic recurring (follow-up) testing of
contractor employees in sensitive positions for use, in violation of applicable law or Federal
regulation, of alcohol or a controlled substance. The Contractor may establish its testing or
rehabilitation program in cooperation with other contractors or organizations.
(2) In determining which positions to designate as "sensitive," the contractor may
use NASA Procedural Requirements (NPR) 3792.1, NASA’s Plan for a Drug Free Workplace,
on “Testing Designated Positions" (TDPs) for Federal employees, as a guide for the criteria and
in designating "sensitive" positions for contractor employees.
(3) This clause neither prohibits nor requires the Contractor to test employees in a
foreign country. If the Contractor chooses to conduct such testing, this clause does not authorize
the Contractor to violate foreign law in conducting such testing.
(4) The Contractor's program shall conform to the "Mandatory Guidelines for
Federal Workplace Drug Testing Programs" published by the Department of Health and Human
Services (73 FR 71858) and the procedures in 49 CFR part 40, "Procedures for Transportation
Workplace Drug and Alcohol Testing Programs."
(i) The Contractor shall test for the following drugs: Marijuana, Cocaine,
Amphetamines, Opiates and Phencyclidine (PCP) in accordance with the Mandatory Guidelines
for Federal Workplace Drug Testing Programs Mandatory Guidelines, Section 3.1, and 49 CFR
40.85.
(ii) The contractor shall comply with the requirements and procedures for
alcohol testing at 49 CFR Part 40.
(iii) 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 this
clause.
(5) The contractor shall conduct post-accident testing when the contractor
determines the employee’s actions are reasonably suspected of having caused or contributed to
an accident resulting in death or personal injury requiring immediate hospitalization or damage
to Government or private property estimated to exceed $20,000. Upon request, the Contractor
shall provide the results of post-accident testing to the Contracting Officer.
(c)(1) The Contractor's program shall provide, where appropriate, for the suspension,
disqualification, or dismissal of any employee in a sensitive position in any instance where a test
conducted and confirmed under the Contractor's program indicates that such individual has used,
in violation of applicable law or Federal regulation, alcohol or a controlled substance.
(2) The Contractor's program shall further prohibit any such individual from
working in a sensitive position on a NASA contract, unless such individual has completed a
program of rehabilitation described in paragraph (d) of this clause.
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(3) The Contractor's program shall further prohibit any such individual from
working in any sensitive position on a NASA contract if the individual is determined under the
Contractor's program to have used, in violation of applicable law or Federal regulation, alcohol
or a controlled substance and the individual meets any of the following criteria:
(i) The individual had undertaken or completed a rehabilitation program
described in paragraph (d) of this clause prior to such use;
(ii) Following such determination, the individual refuses to undertake
such a rehabilitation program;
(iii) Following such determination, the individual fails to complete such a
rehabilitation program; or
(iv) The individual used a controlled substance or alcohol while on duty.
(d) The Contractor shall institute and maintain an appropriate rehabilitation program
which shall, as a minimum, provide for the identification and opportunity for treatment of
employees whose duties include responsibility for safety-sensitive, security, or National security
functions who are in need of assistance in resolving problems with the use of alcohol or
controlled substances.
(e) The requirements of this clause shall take precedence over any state or local
Government laws, rules, regulations, ordinances, standards, or orders that are inconsistent with
the requirements of this clause.
(f) For any collective bargaining agreement, the Contractor will negotiate the terms of its
program with employee representatives, as appropriate, under labor relations laws or negotiated
agreements. Such negotiation, however, cannot change the requirements of this clause.
Employees covered under collective bargaining agreements will not be subject to the
requirements of this clause until those agreements have been modified, as necessary; provided,
however, that if one year after commencement of negotiation the parties have failed to reach
agreement, an impasse will be determined to have been reached and the Contractor will
unilaterally implement the requirements of this clause.
(g) The Contractor shall insert a clause containing all the terms of this clause, including
this paragraph (g), in all subcontracts in which work is performed by an employee in a sensitive
position, except subcontracts for commercial items (see FAR Parts 2 and 12).
(End of clause)
1852.223-75 Major Breach of Safety or Security.
As prescribed in 1823.7001(e)(1), insert the following clause:
MAJOR BREACH OF SAFETY OR SECURITY
(FEB 2002)
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(a) Safety is the freedom from those conditions that can cause death, injury, occupational
illness, damage to or loss of equipment or property, or damage to the environment. Safety is
essential to NASA and is a material part of this contract. NASA’s safety priority is to protect: (1)
the public; (2) astronauts and pilots; (3) the NASA workforce (including contractor employees
working on NASA contracts); and (4) high-value equipment and property. A major breach of
safety may constitute a breach of contract that entitles the Government to exercise any of its
rights and remedies applicable to material parts of this contract, including termination for
default. A major breach of safety must be related directly to the work on the contract. A major
breach of safety is an act or omission of the Contractor that consists of an accident, incident, or
exposure resulting in a fatality or mission failure; or in damage to equipment or property equal to
or greater than $1 million; or in any "willful" or "repeat" violation cited by the Occupational
Safety and Health Administration (OSHA) or by a state agency operating under an OSHA
approved plan.
(b) Security is the condition of safeguarding against espionage, sabotage, crime
(including computer crime), or attack. A major breach of security may constitute a breach of
contract that entitles the Government to exercise any of its rights and remedies applicable to
material parts of this contract, including termination for default. A major breach of security may
occur on or off Government installations, but must be related directly to the work on the contract.
A major breach of security is an act or omission by the Contractor that results in compromise of
classified information, illegal technology transfer, workplace violence resulting in criminal
conviction, sabotage, compromise or denial of information technology services, equipment or
property damage from vandalism greater than $250,000, or theft greater than $250,000.
(c) In the event of a major breach of safety or security, the Contractor shall report the
breach to the Contracting Officer. If directed by the Contracting Officer, the Contractor shall
conduct its own investigation and report the results to the Government. The Contractor shall
cooperate with the Government investigation, if conducted.
(End of clause)
ALTERNATE I
(FEB 2006)
As prescribed in 1823.7001(e)(2), substitute the following paragraphs (a) and (b) for paragraphs
(a) and (b) of the basic clause:
(a) Safety is the freedom from those conditions that can cause death, injury, occupational
illness, damage to or loss of equipment or property, or damage to the environment. Safety is
essential to NASA and is a material part of this contract. NASA’s safety priority is to protect:
(1) the public; (2) astronauts and pilots; (3) the NASA workforce (including contractor
employees working on NASA contracts); and (4) high-value equipment and property. A major
breach of safety may constitute a breach of contract that entitles the Government to exercise any
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of its rights and remedies applicable to material parts of this contract, including termination. A
major breach of safety must be related directly to the work on the contract. A major breach of
safety is an act or omission of the Contractor that consists of an accident, incident, or exposure
resulting in a fatality or mission failure; or in damage to equipment or property equal to or
greater than $1 million; or in any "willful" or "repeat" violation cited by the Occupational Safety
and Health Administration (OSHA) or by a state agency operating under an OSHA approved
plan.
(b) Security is the condition of safeguarding against espionage, sabotage, crime
(including computer crime), or attack. A major breach of security may constitute a breach of
contract that entitles the Government to exercise any of its rights and remedies applicable to
material parts of this contract, including termination. A major breach of security may occur on
or off Government installations, but must be related directly to the work on the contract. A
major breach of security is an act or omission by the Contractor that results in compromise of
classified information, illegal technology transfer, workplace violence resulting in criminal
conviction, sabotage, compromise or denial of information technology services, equipment or
property damage from vandalism greater than $250,000, or theft greater than $250,000.
1852.223-76 Federal Automotive Statistical Tool Reporting.
As prescribed at 1823.271 and 1851.205, insert the following clause:
FEDERAL AUTOMOTIVE STATISTICAL TOOL REPORTING
(JUL 2003)
If authorized to operate Government-owned or leased vehicles, including interagency
fleet management system (IFMS) vehicles or related services in performance of this contract, the
Contractor shall report the data describing vehicle usage required by the Federal Automotive
Statistical Tool (FAST) by October 15 of each year. FAST is accessed through
https://fastweb.inel.gov/.
(End of clause)
1852.225-8 Duty-Free Entry of Space Articles. (FEB 2000).
As prescribed in 1825.1101(e), add the following paragraph (k) to the basic clause at FAR
52.225-8:
(k) The following supplies will be given duty-free entry:
[Insert the supplies that are to be accorded duty-free entry.]
(End of addition)
1852.225-70 Export Licenses.
As prescribed in 1825.1103-70(b), insert the following clause:
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EXPORT LICENSES
(FEB 2000)
(a) The Contractor shall comply with all U.S. export control laws and regulations,
including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130,
and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in the
performance of this contract. In the absence of available license exemptions/exceptions, the
Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if
required, for exports of hardware, technical data, and software, or for the provision of technical
assistance.
(b) The Contractor shall be responsible for obtaining export licenses, if required, before
utilizing foreign persons in the performance of this contract, including instances where the work
is to be performed on-site at [insert name of NASA installation], where the foreign person will
have access to export-controlled technical data or software.
(c) The Contractor shall be responsible for all regulatory record keeping requirements
associated with the use of licenses and license exemptions/exceptions.
(d) The Contractor shall be responsible for ensuring that the provisions of this clause
apply to its subcontractors.
(End of clause)
ALTERNATE I
(FEB 2000)
As prescribed in 1825.1103-70(b), add the following paragraph (e) as Alternate I to the clause:
(e) The Contractor may request, in writing, that the Contracting Officer authorize it to
export ITAR-controlled technical data (including software) pursuant to the exemption at 22 CFR
125.4(b)(3). The Contracting Officer or designated representative may authorize or direct the
use of the exemption where the data does not disclose details of the design, development,
production, or manufacture of any defense article.
See PCD 12-01A for Clause Deviation 1852.225-71 and 1852.225-72.
1852.227-11 Patent Rights—Ownership by the Contractor (APR 2015).
As prescribed at 1827.303(b)(1), modify the clause at FAR 52.227-11 by:
(1) Adding the following subparagraphs (5) and (6) to paragraph (c) of the basic clause;
(2) By adding the following subparagraph (iii) to paragraph (e)(1) of the basic clause;
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(3) By using the following paragraph (j) in lieu of paragraph (j) of the basic clause; and
clause:
(4) By using the following subparagraph (2) in lieu of subparagraph (k)(2) of the basic
(5) The Contractor may use whatever format is convenient to disclose subject inventions
required in subparagraph (c)(1). NASA prefers that the contractor use either the electronic or
paper version of NASA Form 1679, Disclosure of Invention and New Technology (Including
Software) to disclose subject inventions. Both the electronic and paper versions of NASA Form
1679 may be accessed at the electronic New Technology Reporting Web site
http://invention.nasa.gov.
(6) In addition to the above, the Contractor shall provide the New Technology
Representative identified in this contract at 1852.227-72 the following:
(i) An interim new technology summary report every 12 months (or such longer
period as the Contracting Officer may specify) from the date of the contract, listing all subject
inventions required to be disclosed during the period or certifying that there were none.
(ii) A final new technology summary report, within 3 months after completion of
the contracted work, listing all subject inventions or certifying that there were none.
(iii) Upon request, the filing date, serial number and title, a copy of the
patent application, and patent number and issue date for any subject invention in any country in
which the contractor has applied for patents.
(iv) An irrevocable power to inspect and make copies of the patent application
file, by the Government, when a Federal Government employee is a coinventor.
(End of addition)
(iii) The Contractor shall, through employee agreements or other suitable
Contractor policy, require that its employees “will assign and do hereby assign” to the Contractor
all right, title, and interest in any subject invention under this Contract.
(End of addition)
(j) For the purposes of this clause, communications between the Contractor and the
Government shall be as specified in the NASA FAR Supplement at 1852.227-72, Designation of
New Technology Representative and Patent Representative.
(End of addition)
(2) The Contractor shall include the clause in the NASA FAR Supplement at 1852.22770, New Technology-Other than a Small Business Firm or Nonprofit Organization, suitably
modified to identify the parties, in all subcontracts, regardless of tier, for experimental,
developmental, research, design, or engineering work to be performed by other than a small
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business firm or nonprofit organization. At all tiers, the New Technology-Other than a Small
Business Firm or Nonprofit Organization clause shall be modified to identify the parties as
follows: references to the Government are not changed, and in all references to the Contractor
the subcontractor is substituted for the Contractor so that the subcontractor has all rights and
obligations of the Contractor in the clause.
(End of substitution)
1852.227-14 Rights In Data--General. (APR 2015).
As prescribed in 1827.409(b)(1), modify the clause at FAR 52.227-14 by: (1) adding the
following subparagraph (iv) to paragraph (c)(1) of the basic clause; (2) by adding the following
provision to the end of Alternate IV if used in lieu of paragraph (c)(1) of the basic clause; and (3)
by adding subparagraph (4) to paragraph (d) of the basic clause:
(iv) The contractor shall mark each scientific and technical article based on or containing
data first produced in the performance of this contract and submitted for publication in academic,
technical or professional journals, symposia proceedings or similar works with a notice, similar
in all material respects to the following, on the cover or first page of the article, reflecting the
Government’s non-exclusive worldwide license in the copyright.
GOVERNMENT RIGHTS NOTICE
This work was authored by employees of [insert the name of the Contractor] under
Contract No. [insert contract number] with the National Aeronautics and Space Administration.
The United States Government retains and the publisher, by accepting the article for publication,
acknowledges that the United States Government retains a non-exclusive, paid-up, irrevocable,
worldwide license to reproduce, prepare derivative works, distribute copies to the public, and
perform publicly and display publicly, or allow others to do so, for United States Government
purposes. All other rights are reserved by the copyright owner.
(End of Notice)
(End of addition)
The contractor shall mark each scientific and technical article based on or containing data first
produced in the performance of this contract and submitted for publication in academic, technical
or professional journals, symposia proceedings or similar works with a notice, similar in all
material respects to the following, on the cover or first page of the article, reflecting the
Government’s non-exclusive worldwide license in the copyright.
GOVERNMENT RIGHTS NOTICE
This work was authored by employees of [insert the name of the Contractor] under Contract No.
[insert contract number] with the National Aeronautics and Space Administration. The United
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States Government retains and the publisher, by accepting the article for publication,
acknowledges that the United States Government retains a non-exclusive, paid-up, irrevocable,
worldwide license to reproduce, prepare derivative works, distribute copies to the public, and
perform publicly and display publicly, or allow others to do so, for United States Government
purposes. All other rights are reserved by the copyright owner.
(End of Notice)
(End of addition)
(4)(i) The Contractor agrees not to assert claim to copyright, publish or release to others
any computer software first produced in the performance of this contract unless the Contracting
Officer authorizes through a contract modification.
(ii) The prohibition on "release to others", as set forth in (d)(4)(i), does not
prohibit release to another Federal Agency for its use or its contractors' use, as long as any such
release is consistent with any restrictive markings on the software. Any restrictive markings on
the software shall take precedence over the aforementioned release. Any release to a Federal
Agency shall limit use to the Federal Agency or its contractors for Government purposes only.
Any other release shall require the Contracting Officer's prior written permission.
(iii) If the Government desires to obtain copyright in computer software first
produced in the performance of this contract and permission has not been granted as set forth in
paragraph (d)(4)(i) of this clause, the Contracting Officer may direct the contractor to assert, or
authorize the assertion of, a claim to copyright in such data and to assign, or obtain the
assignment of, such copyright to the Government or its designated assignee.
(End of addition)
1852.227-17 Reserved.
[PN 18-13]
1852.227-19 Commercial Computer Software--Restricted Rights. (JUL 1997)
(a) As prescribed in 1827.409(k)(i), add the following paragraph (e) to the basic clause at
FAR 52.227-19:
(e) For the purposes of receiving updates, correction notices, consultation information, or
other similar information regarding any computer software delivered under this
contract/purchase order, the NASA Contracting Officer or the NASA Contracting Officer's
Technical Representative/User may sign any vendor-supplied agreements, registration forms, or
cards and return them directly to the vendor; however, such signing shall not alter any of the
rights or obligations of either NASA or the vendor set forth in this clause or elsewhere in this
contract/purchase order.
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(End of addition)
(b) As prescribed in 1827.409(k)(ii), add the following paragraph (f) to the basic clause
at FAR 52.227-19:
(f) Subject to paragraphs (a) through (e) above, those applicable portions of the
Contractor's standard commercial license or lease agreement pertaining to any computer software
delivered under this purchase order/contract that are consistent with Federal laws, standard
industry practices, and the Federal Acquisition Regulation (FAR) shall be incorporated into and
made part of this purchase order/contract.
(End of addition)
1852.227-70 New Technology-Other than a Small Business Firm or Nonprofit
Organization.
As prescribed in 1827.303(d)(1), insert the following clause:
NEW TECHNOLOGY—OTHER THAN A SMALL BUSINESS FIRM OR NONPROFIT
ORGANIZATION
(APR 2015)
(a) Definitions. As used in this clause—
"Administrator" means the Administrator of the National Aeronautics and Space
Administration (NASA) or duly authorized representative.
"Contract" has the meaning provided in the Federal Acquisition Regulation (FAR),
Subpart 2.1-Definitions.
"Made" means—
(1) When used in relation to any invention other than a plant variety, the
conception or first actual reduction to practice of the invention; or
(2) When used in relation to a plant variety, that the Contractor has at least
tentatively determined that the variety has been reproduced with recognized characteristics.
"Nonprofit organization" means a domestic university or other institution of higher
education or an organization of the type described in section 501(c)(3) of the Internal Revenue
Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under section 501(a) of the Internal
Revenue Code (26 U.S.C. 501(a)), or any domestic nonprofit scientific or educational
organization qualified under a State nonprofit organization statute.
"Practical application" means to manufacture, in the case of a composition or product; to
practice, in the case of a process or method; or to operate, in the case of a machine or system;
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and, in each case, under such conditions as to establish that the invention is being utilized and
that its benefits are, to the extent permitted by law or Government regulations, available to the
public on reasonable terms.
"Reportable item" means any invention, discovery, improvement, or innovation of the
contractor, whether or not patentable or otherwise protectable under Title 35 of the United States
Code, made in the performance of any work under any NASA contract or in the performance of
any work that is reimbursable under any clause in any NASA contract providing for
reimbursement of costs incurred before the effective date of the contract. Reportable items
include, but are not limited to, new processes, machines, manufactures, and compositions of
matter, and improvements to, or new applications of, existing processes, machines,
manufactures, and compositions of matter. Reportable items also include new computer
programs, and improvements to, or new applications of, existing computer programs, whether or
not copyrightable or otherwise protectable under Title 17 of the United States Code.
"Small business firm" means a domestic small business concern as defined at 15 U.S.C.
632 and implementing regulations of the Administrator of the Small Business Administration.
(For the purpose of this definition, the criteria and size standard adopted in the FAR Subpart 2.1
definitions for “small business concern” and for “small business subcontractor” will be used.)
"Subject invention" means any reportable item which is or may be patentable or
otherwise protectable under Title 35 of the United States Code, or any novel variety of plant that
is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321, et seq.).
(b) Allocation of principal rights.
(1) Presumption of title.
(i) Any reportable item that the Administrator considers to be a subject invention
shall be presumed to have been made in the manner specified in paragraph (1)(A) or (1)(B) of
Section 20135(b) of the National Aeronautics and Space Act (51 U.S.C. 20135(b)) (hereinafter
"the Act"), and the above presumption shall be conclusive unless at the time of reporting the
reportable item in accordance with paragraph (e)(2) of this clause the Contractor submits to the
Contracting Officer a written statement, containing supporting details, demonstrating that the
reportable item was not made in the manner specified in the Act.
(ii) Regardless of whether title to a given subject invention would otherwise be
subject to an advance waiver or is the subject of a petition for waiver as described in paragraph
(b)(3) of this clause, the Contractor may nevertheless file the statement described in paragraph
(b)(1)(i) of this clause. The Administrator will review the information furnished by the
Contractor in any such statement and any other available information relating to the
circumstances surrounding the making of the subject invention and will notify the Contractor
whether the Administrator has determined that the subject invention was made in the manner
specified in paragraph (1)(A) or (1)(B) of Section 20135(b) of the Act.
(2) Property rights in subject inventions. Each subject invention for which the
presumption of paragraph (b)(1)(i) of this clause is conclusive or for which there has been a
determination that it was made in the manner specified in paragraph (1)(A) or (1)(B) of Section
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20135(b) of the Act shall be the exclusive property of the United States as represented by NASA
unless the Administrator waives all or any part of the rights of the United States, as provided in
paragraph (b)(3) of this clause.
(3) Waiver of rights.
(i) Section 20135(g) of the Act provides for the promulgation of
regulations by which the Administrator may waive all or any part of the rights of the United
States with respect to any invention or class of inventions made or that may be made under
conditions specified in paragraph (1)(A) or (1)(B) of Section 20135(b) of the Act. The
promulgated NASA Patent Waiver Regulations, 14 CFR Part 1245, Subpart 1, provide
procedures for the Contractor to submit petitions (requests) for waiver of rights and guidance for
NASA in acting on petitions for such waiver of rights.
(ii) As provided in 14 CFR 1245, Subpart 1, the Contractor may petition,
either prior to execution of the contract or within 30 days after execution of the contract, for
advance waiver of rights to any invention or class of inventions that may be made under a
contract. If such a petition is not submitted, or if after submission it is denied, the Contractor (or
an employee inventor of the Contractor) may petition for waiver of rights to an identified subject
invention within eight months of first disclosure of invention in accordance with paragraph (e)(2)
of this clause, or within such longer period as may be authorized in accordance with 14 CFR
1245.105.
(c) Minimum rights reserved by the Government.
(1) With respect to each subject invention for which a waiver of rights has been
granted, the Government reserves-(i) An irrevocable, nonexclusive, nontransferable, royalty-free license for
the practice of such invention throughout the world by or on behalf of the United States or any
foreign government in accordance with any treaty or agreement with the United States; and
(ii) Such other rights as stated in 14 CFR 1245.107.
(2) Nothing contained in this paragraph (c) shall be considered to grant to the
Government any rights with respect to any invention other than a subject invention.
(d) Minimum rights to the Contractor.
(1) The Contractor is hereby granted a revocable, nonexclusive, royalty-free
license in each patent application filed in any country on a subject invention in which the
Government has title and in any resulting patent, unless the Contractor fails to disclose the
subject invention within the times specified in paragraph (e)(2) of this clause. The Contractor's
license extends to its domestic subsidiaries and affiliates, if any, within the corporate structure of
which the Contractor is a party and includes the right to grant sublicenses of the same scope to
the extent the Contractor was legally obligated to do so at the time the contract was awarded.
The license is transferable only with the approval of the Administrator except when transferred
to the successor of that part of the Contractor's business to which the invention pertains.
(2) The Contractor's domestic license may be revoked or modified by the
Administrator to the extent necessary to achieve expeditious practical application of the subject
invention pursuant to an application for an exclusive license submitted in accordance with 37
CFR Part 404, Licensing of Government Owned Inventions. The Contractor’s license will not be
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revoked in that field of use or the geographical areas in which the Contractor has achieved
practical application and continues to make the benefits of the invention reasonably accessible to
the public. The license in any foreign country may be revoked or modified at the discretion of
the Administrator to the extent the Contractor, its licensees, or its domestic subsidiaries or
affiliates have failed to achieve practical application in that foreign country.
(3) Before revoking or modifying the Contractor’s license, the Contractor will be
provided a written notice of the Administrator's intention to revoke or modify the license, and the
Contractor will be allowed 30 days (or such other time as may be authorized by the
Administrator for good cause shown) after the notice to show cause why the license should not
be revoked or modified. The Contractor has the right to appeal to the Administrator any decision
concerning the revocation or modification of its license.
(e) Contractor’s obligations.
(1) The Contractor shall establish and maintain active and effective procedures to
assure that reportable items are promptly identified and disclosed to Contractor personnel
responsible for the administration of this New Technology-Other than a Small Business Firm or
Nonprofit Organization clause within six months of conception and/or first actual reduction to
practice, whichever occurs first in the performance of work under this contract. These
procedures shall include the maintenance of laboratory notebooks or equivalent records and other
records as are reasonably necessary to document the conception and/or the first actual reduction
to practice of the reportable items, and records that show that the procedures for identifying and
disclosing reportable items are followed. Upon request, the Contractor shall furnish the
Contracting Officer a description of such procedures for evaluation and for determination as to
their effectiveness.
(2) The Contractor shall disclose in writing each reportable item to the
Contracting Officer within two months after the inventor discloses it in writing to Contractor
personnel responsible for the administration of this New Technology-Other than a Small
Business Firm or Nonprofit Organization clause or within six months after the Contractor
becomes aware that a reportable item has been made, whichever is earlier, but in any event for
subject inventions before any on sale, public use, or publication of such invention known to the
Contractor. The disclosure to the agency shall identify the inventor(s) or innovator(s) and this
contract under which the reportable item was made. It shall be sufficiently complete in technical
detail to convey a clear understanding, to the extent known at the time of the disclosure, of the
nature, purpose, operation, and physical, chemical, biological, or electrical characteristics of the
reportable item. The disclosure shall also identify any publication, sale or offer for sale, or
public use of any subject invention and whether a manuscript describing such invention has been
submitted for publication and, if so, whether it has been accepted for publication at the time of
disclosure. In addition, after disclosure to the agency, the Contractor will promptly notify the
agency of the acceptance of any manuscript describing a subject invention for publication or of
any sale, offer for sale, or public use planned by the Contractor for such invention.
(3) The Contractor may use whatever format is convenient to disclose reportable
items required in subparagraph (e)(2). NASA prefers that the Contractor use either the electronic
or paper version of NASA Form 1679, Disclosure of Invention and New Technology (including
computer software) to disclose reportable items. Both the electronic and paper versions of
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NASA Form 1679 may be accessed at the electronic New Technology Reporting Web site
http://invention.nasa.gov.
(4) The Contractor shall furnish the Contracting Officer the following:
(i) Interim new technology summary reports every 12 months (or such
longer period as may be specified by the Contracting Officer) from the date of the contract,
listing reportable items during that period, and certifying that all reportable items have been
disclosed (or that there are no such inventions).
(ii) A final new technology summary report, within 3 months after
completion of the contracted work, listing all reportable items or certifying that there were no
such reportable items, and listing all subcontracts at any tier containing a patent rights clause or
certifying that there were no such subcontracts.
(5) The Contractor agrees, upon written request of the Contracting Officer, to
furnish additional technical and other information available to the Contractor as is necessary for
the preparation of a patent application on a subject invention and for the prosecution of the patent
application, and to execute all papers necessary to file patent applications on subject inventions
and to establish the Government's rights in the subject inventions.
(6) The Contractor agrees, subject to paragraph 27.302(j) of the Federal
Acquisition Regulation (FAR), that the Government may duplicate and disclose subject
invention disclosures and all other reports and papers furnished or required to be furnished
pursuant to this clause.
(f) Examination of records relating to inventions.
(1) The Contracting Officer or any authorized representative shall, until 3 years
after final payment under this contract, have the right to examine any books (including
laboratory notebooks), records, and documents of the Contractor relating to the conception or
first actual reduction to practice of inventions in the same field of technology as the work under
this contract to determine whether—
(i) Any such inventions are subject inventions;
(ii) The Contractor has established and maintained the procedures
required by paragraph (e)(1) of this clause; and
(iii) The Contractor and its inventors have complied with the procedures.
(2) If the Contracting Officer learns of an unreported Contractor invention that
the Contracting Officer believes may be a subject invention, the Contracting Officer may require
the Contractor to disclose the invention to the agency for a determination of ownership rights.
(3) Any examination of records under this paragraph will be subject to
appropriate conditions to protect the confidentiality of the information involved.
(g) Withholding of payment (this paragraph does not apply to subcontracts).
(1) Any time before final payment under this contract, the Contracting Officer
may, in the Government's interest, withhold payment until a reserve not exceeding $50,000 or 5
percent of the amount of this contract, whichever is less, shall have been set aside if, in the
Contracting Officer's opinion, the Contractor fails to-(i) Establish, maintain, and follow effective procedures for identifying
and disclosing reportable items pursuant to paragraph (e)(1) of this clause;
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clause;
(ii) Disclose any reportable items pursuant to paragraph (e)(2) of this
(iii) Deliver acceptable interim new technology summary reports pursuant
to paragraph (e)(4)(i) of this clause or a final new technology summary report pursuant to (e) (4)
(ii); or
(iv) Provide the information regarding subcontracts pursuant to paragraph
(h)(4) of this clause.
(2) Such reserve or balance shall be withheld until the Contracting Officer has
determined that the Contractor has rectified whatever deficiencies exist and has delivered all
reports, disclosures, and other information required by this clause.
(3) Final payment under this contract shall not be made before the Contractor
delivers to the Contracting Officer all disclosures of reportable items required by paragraph
(e)(2) of this clause, and an acceptable final new technology summary report pursuant to
paragraph (e)(4)(ii) of this clause.
(4) The Contracting Officer may decrease or increase the sums withheld up to the
maximum authorized above. No amount shall be withheld under this paragraph while the amount
specified by this paragraph is being withheld under other provisions of the contract. The
withholding of any amount or the subsequent payment thereof shall not be construed as a waiver
of any Government rights.
(h) Subcontracts.
(1) Unless otherwise authorized or directed by the Contracting Officer, the
Contractor shall—
(i) Include this clause (suitably modified to identify the parties) in any
subcontract hereunder (regardless of tier) with other than a small business firm or nonprofit
organization for the performance of experimental, developmental, or research work; or
(ii) Include the clause at FAR 52.227-11, as modified by 1852.227-11,
(suitably modified to identify the parties) in any subcontract hereunder (regardless of tier) with a
small business firm or nonprofit organization for the performance of experimental,
developmental, or research work; and
(iii) Modify the applicable clause in any subcontract hereunder
(regardless of tier) to identify the parties as follows: references to the Government are not
changed, and in all references to the Contractor, the subcontractor is substituted for the
Contractor so that the subcontractor has all rights and obligations of the Contractor in the clause.
(2) In the event of a refusal by a prospective subcontractor to accept such a clause
the Contractor—
(i) Shall promptly submit a written notice to the Contracting Officer
setting forth the subcontractor's reasons for such refusal and other pertinent information that may
expedite disposition of the matter; and
(ii) Shall not proceed with such subcontract without the written
authorization of the Contracting Officer.
(3) In the case of subcontracts at any tier, the agency, subcontractor, and
Contractor agree that the mutual obligations of the parties created by this clause constitute a
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contract between the subcontractor and NASA with respect to those matters covered by this
clause.
(4) The Contractor shall promptly notify the Contracting Officer in writing upon
the award of any subcontract hereunder (regardless of tier) by identifying the subcontractor, the
applicable patent rights clause in the subcontract, the work to be performed under the
subcontract, and the dates of award and estimated completion. Upon request of the Contracting
Officer, the Contractor shall furnish a copy of such subcontract, and, no more frequently than
annually, a listing of the subcontracts that have been awarded.
(5) The subcontractor will retain all rights provided for the Contractor in the
clause of subparagraph (h)(1)(i) or (ii) of this clause, whichever is included in the subcontract,
and the Contractor will not, as part of the consideration for awarding the subcontract, obtain
rights in the subcontractor's subject inventions.
(i) Preference for United States industry. Unless provided otherwise, no Contractor that
receives title to any subject invention and no assignee of any such Contractor shall grant to any
person the exclusive right to use or sell any subject invention in the United States unless such
person agrees that any products embodying the subject invention will be manufactured
substantially in the United States. However, in individual cases, the requirement may be waived
by the Administrator upon a showing by the Contractor or assignee that reasonable but
unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that
would be likely to manufacture substantially in the United States or that under the circumstances
domestic manufacture is not commercially feasible.
(End of clause)
1852.227-71 Requests for Waiver of Rights to Inventions.
As prescribed in 1827.303(d)(2), insert the following provision in all solicitations that include
the clause at 1852.227-70, New Technology-Other than a Small Business Firm or Nonprofit
Organization:
REQUESTS FOR WAIVER OF RIGHTS TO INVENTIONS
(APR 2015)
(a) In accordance with Section 20135(g) of the National Aeronautics and Space Act (51
U.S.C. 20135(g)) (hereinafter "the Act") and the NASA Patent Waiver Regulations, 14 CFR Part
1245, Subpart 1, NASA may waive all or any part of the rights of the United States with respect
to any invention or class of inventions made or that may be made under a NASA contract or
subcontract with other than a small business firm or a domestic nonprofit organization if the
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Administrator determines that the interests of the United States will be served thereby. Waiver
of rights in inventions made or that may be made under such NASA contract or subcontract may
be requested at different time periods. Advance waiver of rights to any invention or class of
inventions that may be made under a contract or subcontract may be requested prior to the
execution of the contract or subcontract, or within 30 days after execution by the selected
contractor (or such longer period as may be specified by the Contracting Officer). In addition,
waiver of rights to an individually identified invention or to a class of inventions made and
reported under a contract or subcontract may be requested, even though a request for an advance
waiver was not made or, if made, was not granted.
(b) Each request for waiver of rights shall be by petition to the Administrator. No
specific forms need be used, but the request should contain a positive statement that waiver of
rights is being requested under the NASA Patent Waiver Regulations; a clear indication of
whether the request is for an advance waiver or for a waiver of rights for an individually
identified invention or class of inventions; whether foreign rights are also requested and, if so,
the countries, and a citation of the specific section or sections of the regulations under which
such rights are requested. For individually identified inventions or a class of inventions, the
petition shall identify each invention with particularity (e.g., by NASA’s assigned number to the
Disclosure of Invention and New Technology report or by title and inventorship). For advance
waivers, the petition shall identify the invention or class of inventions that the Contractor
believes will be made under the contract and for which waiver is being requested. To meet the
statutory standard of “any invention or class of inventions,” the petition must be directed to a
single invention or to inventions directed to a particular process, machine, manufacture, or
composition of matter, or to a narrowly-drawn, focused area of technology. Additionally, each
petition shall include an identification of the petitioner; place of business and address; if
petitioner is represented by counsel, the name, address and telephone number of the counsel; the
name, address, and telephone number of the party with whom to communicate when the request
is acted upon; the signature of the petitioner or authorized representative; and the date of
signature. In general, waivers are granted in order to provide for the widest practicable
dissemination of new technology resulting from NASA programs, and to promote early
utilization, expeditious development, and continued availability of this new technology for
commercial purposes and the public benefit. Thus, it is preferable that the petition also include a
description of the Contractor’s plan for commercializing the invention or class of inventions for
which waiver is being requested (e.g., identify specific fields of use).
(c) Petitions for advance waiver of rights should, preferably, be included with the
proposal, or at least in advance of contract negotiations. Petitions for advance waiver, prior to
contract execution, shall be submitted to the Contracting Officer. All other petitions shall be
submitted to the Patent Representative designated in the contract.
(d) Petitions submitted with proposals selected for negotiation of a contract will be
forwarded by the Contracting Officer to the installation Patent Counsel for processing and then
to the Inventions and Contributions Board. The Board will consider these petitions and where
the Board makes the findings to support the waiver, the Board will recommend to the
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Administrator that waiver be granted, and will notify the petitioner and the Contracting Officer
of the Administrator's determination. The Contracting Officer will be informed by the Board
whenever there is insufficient time or information or other reasons to permit a decision to be
made without unduly delaying the execution of the contract. In the latter event, the petitioner
will be so notified by the Contracting Officer. All other petitions will be processed by installation
Patent Counsel and forwarded to the Board. The Board shall notify the petitioner of its action
and if waiver is granted, the conditions, reservations, and obligations thereof will be included in
the Instrument of Waiver. Whenever the Board notifies a petitioner of a recommendation
adverse to, or different from, the waiver requested, the petitioner may request reconsideration
under procedures set forth in the Regulations.
(End of provision)
1852.227-72 Designation of New Technology Representative and Patent Representative.
As prescribed in 1827.303(d)(3), insert the following clause:
DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE
AND PATENT REPRESENTATIVE
(APR 2015)
(a) For purposes of administration of the clause of this contract entitled "New
Technology-Other than a Small Business Firm or Nonprofit Organization" or "Patent Rights-Ownership by the Contractor," whichever is included, the installation New Technology and
Patent Representatives identified at http://prod.nais.nasa.gov/portals/pl/new_tech_pocs.html are
hereby designated by the Contracting Officer to administer such clause for the appropriate
installation.
(b) Disclosures of reportable items and of subject inventions, interim new technology
summary reports, final new technology summary reports, utilization reports, and other reports
required by the applicable “New Technology” or “Patent Rights-Ownership by the Contractor”
clause, as well as any correspondence with respect to such matters, shall be directed to the New
Technology Representative unless transmitted in response to correspondence or request from the
Patent Representative. Inquiries or requests regarding disposition of rights, election of rights, or
related matters shall be directed to the Patent Representative. This clause shall be included in
any subcontract hereunder requiring a "New Technology-Other than a Small Business Firm or
Nonprofit Organization" clause or "Patent Rights--Ownership by the Contractor" clause, unless
otherwise authorized or directed by the Contracting Officer. The respective responsibilities and
authorities of the aforementioned representatives are set forth in 1827.305-270 of the NASA
FAR Supplement.
(End of clause)
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1852.227-84 Patent Rights Clauses.
As prescribed in 1827.303(a)(1), the contracting officer shall insert the following provision in
solicitations for experimental, developmental, or research work to be performed in the United
States when the eventual awardee may be a small business or a nonprofit organization:
PATENT RIGHTS CLAUSES
(APR 2015)
This solicitation contains the patent rights clauses of FAR 52.227-11 (as modified by the
NFS) and NFS 1852.227-70. If the contract resulting from this solicitation is awarded to a small
business or nonprofit organization, the clause at NFS 1852.227-70 shall not apply. If the award
is to other than a small business or nonprofit organization, the clause at FAR 52.227-11 shall not
apply.
(End of Provision)
1852.227-85 Invention Reporting and Rights—Foreign.
As prescribed in 1827.303(e)(1), insert the following clause:
INVENTION REPORTING AND RIGHTS--FOREIGN
(APR 2015)
(a) As used in this clause, the term "invention" means any invention, discovery or
improvement, and "made" means the conception or first actual demonstration that the invention
is useful and operable.
(b) The Contractor shall report promptly to the Contracting Officer each invention made
in the performance of work under this contract. The report of each such invention shall—
(1) Identify the inventor(s) by full name; and
(2) Include such full and complete technical information concerning the
invention as is necessary to enable an understanding of the nature and operation thereof.
(c) The Contractor hereby grants to the Government of the United States of America as
represented by the Administrator of the National Aeronautics and Space Administration the full
right, title and interest in and to each such invention throughout the world, except for the foreign
country in which this contract is to be performed. As to such foreign country, Contractor hereby
grants to the Government of the United States of America as represented by the Administrator of
the National Aeronautics and Space Administration an irrevocable, nontransferable,
nonexclusive, royalty-free license to practice each such invention by or on behalf of the United
States of America or any foreign government pursuant to any treaty or agreement with the
United States of America, provided that Contractor within a reasonable time files a patent
application in that foreign country for each such invention. Where Contractor does not elect to
file such patent application for any such invention in that foreign country, full right, title and
interest in and to such invention in that foreign country shall reside in the Government of the
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United States of America as represented by the Administrator of the National Aeronautics and
Space Administration.
(d) The Contractor agrees to execute or to secure the execution of such legal instruments
as may be necessary to confirm and to protect the rights granted by paragraph (c) of this clause,
including papers incident to the filing and prosecution of patent applications.
(e) Upon completion of the contract work, and prior to final payment, the Contractor
shall submit to the Contracting Officer a final report listing all inventions required to be reported
under this contract or certifying that no such inventions have been made.
(f) In each subcontract, the Contractor awards under this contract where the performance
of research, experimental design, engineering, or developmental work is contemplated, the
Contractor shall include this clause (suitably modified to substitute the subcontractor in place of
the Contractor) and the name and address of the Contracting Officer.
(End of Clause)
1852.227-86 Commercial Computer Software—License.
As prescribed in 1827.409(g), insert the following clause:
COMMERCIAL COMPUTER SOFTWARE LICENSE
(APR 2015)
(a) Any delivered commercial computer software (including documentation thereof)
developed at private expense and claimed as proprietary shall be subject to the restricted rights in
paragraph (d) of this clause. Where the vendor/contractor proposes its standard commercial
software license, those applicable portions thereof consistent with Federal laws, standard
industry practices, the Federal Acquisition Regulations (FAR) and the NASA FAR Supplement,
including the restricted rights in paragraph (d) of this clause, are incorporated into and made a
part of this purchase order/contract. Those portions of the vendor’s/contractor’s standard
commercial license or lease agreement that conflict with Federal law (e.g., indemnity provisions
or choice of law provisions that specify other than Federal law) are not incorporated into and
made a part of this purchase order/contract and do not apply to any computer software delivered
under this purchase order/contract.
(b) If the vendor/contractor does not propose its standard commercial software license
until after this purchase order/contract has been issued, or until at or after the time the computer
software is delivered, such license shall nevertheless be deemed incorporated into and made a
part of this purchase order/contract under the same terms and conditions as in paragraph (a) of
this clause. For purposes of receiving updates, correction notices, consultation, and similar
activities on the computer software, no document associated with the aforementioned activities
shall alter the terms of this clause unless such document explicitly references this clause and an
intent to amend this clause and is signed by the NASA Contracting Officer.
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(c) The vendor's/contractor's acceptance is expressly limited to the terms and conditions
of this purchase order/contract. If the specified computer software is shipped or delivered to
NASA, it shall be understood that the vendor/contractor has unconditionally accepted the terms
and conditions set forth in this clause, and that such terms and conditions (including the
incorporated license) constitute the entire agreement between the parties concerning rights in the
computer software.
(d) The following restricted rights shall apply:
(1) The commercial computer software may not be used, reproduced, or disclosed
by the Government, or Government contractors or their subcontractors at any tier, except as
provided below or otherwise expressly stated in the purchase order/contract.
(2) The commercial computer software may be—
(i) Used, or copied for use, in or with any computer owned or leased by,
or on behalf of, the Government; provided, the software is not used, nor copied for use, in or
with more than one computer simultaneously, unless otherwise permitted by the license
incorporated under paragraphs (a) or (b) of this clause;
(ii) Reproduced for safekeeping (archives) or backup purposes;
(iii) Modified, adapted, or combined with other computer software,
provided that the modified, combined, or adapted portions of the derivative software
incorporating restricted computer software shall be subject to the same restricted rights; and
(iv) Disclosed and reproduced for use by Government contractors or their
subcontractors in accordance with the restricted rights in subparagraphs (d)(2)(i), (ii), and (iii) of
this clause; provided they have the Government's permission to use the computer software and
have also agreed to protect the computer software from unauthorized use and disclosure.
(3) If the incorporated vendor's/contractor's software license contains provisions
or rights that are less restrictive than the restricted rights in paragraph (d)(2) of this clause, then
the less restrictive provisions or rights shall prevail.
(4) If the computer software is otherwise available without disclosure restrictions,
it is licensed to the Government, without disclosure restrictions, with the rights in paragraphs
(d)(2) and (3) of this clause.
(5) The Contractor shall affix a notice substantially as follows to any commercial
computer software delivered under this contract:
Notice – Notwithstanding any other lease or license agreement that may pertain to, or
accompany the delivery of, this computer software, the rights of the Government regarding its
use, reproduction and disclosure are set forth in Government Contract No. ______________.
(End of clause)
1852.227-88 Government-furnished computer software and related technical data.
As prescribed in 1827.409(m)(1), insert the following clause:
GOVERNMENT-FURNISHED COMPUTER SOFTWARE
AND RELATED TECHNICAL DATA
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(a) Definitions. As used in this clause—
“Government-furnished computer software” or “GFCS” means computer software: (1) in
the possession of, or directly acquired by, the Government whereby the Government has title or
license rights thereto; and (2) subsequently furnished to the Contractor for performance of a
Government contract.
“Computer software,” “data” and “technical data” have the meaning provided in the
Federal Acquisition Regulations (FAR) Subpart 2.1—Definitions or the Rights in Data – General
clause (FAR 52.227-14).
(b) The Government shall furnish to the Contractor the GFCS described in this contract
or in writing by the Contracting Officer. The Government shall furnish any related technical
data needed for the intended use of the GFCS.
(c) Use of GFCS and related technical data. The Contractor shall use the GFCS and
related technical data, and any modified or enhanced versions thereof, only for performing work
under this contract unless otherwise provided for in this contract or approved in writing by the
Contracting Officer.
(1) The Contractor shall not, without the express written permission of the
Contracting Officer, reproduce, distribute copies, prepare derivative works, perform publicly,
display publicly, release, or disclose the GFCS or related technical data to any person except for
the performance of work under this contract.
(2) The Contractor shall not modify or enhance the GFCS unless this contract
specifically identifies the modifications and enhancements as work to be performed. If the
GFCS is modified or enhanced pursuant to this contract, the Contractor shall provide to the
Government the complete source code, if any, and all related documentation of the modified or
enhanced GFCS.
(3) Allocation of rights associated with any GFCS or related technical data
modified or enhanced under this contract shall be defined by the FAR Rights in Data clause(s)
included in this contract (as modified by any applicable NASA FAR Supplement clauses). If no
Rights in Data clause is included in this contract, then the FAR Rights in Data – General
(52.227-14) as modified by the NASA FAR Supplement (1852.227-14) shall apply to all data
first produced in the performance of this contract and all data delivered under this contract.
(4) The Contractor may provide the GFCS, and any modified or enhanced
versions thereof, to subcontractors as necessary for the performance of work under this contract.
Before release of the GFCS, and any modified or enhanced versions thereof, to such
subcontractors (at any tier), the Contractor shall insert, or require the insertion of, this clause,
including this paragraph (c)(4), suitably modified to identify the parties as follows: references to
the Government are not changed, and in all references to the Contractor the subcontractor is
substituted for the Contractor so that the subcontractor has all rights and obligations of the
Contractor in the clause.
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(d) The Government provides the GFCS in an “AS-IS” condition. The Government
makes no warranty with respect to the serviceability and/or suitability of the GFCS for contract
performance.
(e) The Contracting Officer may by written notice, at any time—
(1) Increase or decrease the amount of GFCS under this contract;
(2) Substitute other GFCS for the GFCS previously furnished, to be furnished, or
to be acquired by the Contractor for the Government under this contract;
(3) Withdraw authority to use the GFCS or related technical data; or
(4) Instruct the Contractor to return or dispose of the GFCS and related technical
data.
(f) Title to or license rights in GFCS. The Government shall retain title to or license
rights in all GFCS. Title to or license rights in GFCS shall not be affected by its incorporation
into or attachment to any data not owned by or licensed to the Government.
(g) Waiver of Claims and Indemnification. The Contractor agrees to waive any and all
claims against the Government and shall indemnify and hold harmless the Government, its
agents, and employees from every claim or liability, including attorneys fees, court costs, and
expenses, arising out of, or in any way related to, the misuse or unauthorized modification,
reproduction, release, performance, display, or disclosure of the GFCS and related technical data
by the Contractor, a subcontractor, or by any person to whom the Contractor has released or
disclosed such GFCS or related technical data.
(h) Flow-down of Waiver of Claims and Indemnification. In the event a contract
includes this NASA FAR Supplement clause 1852.227-88, the Contractor shall include the
foregoing clause 1852.227-88(g), suitably modified to identify the parties, in all subcontracts,
regardless of tier, which involve use of the GFCS and/or related technical data in any way. At all
tiers, the clause shall be modified to define GFCS as it is defined herein and to identify the
parties as follows: references to the Government are not changed, and in all references to the
Contractor the subcontractor is substituted for the Contractor so that the subcontractor has all
rights and obligations of the Contractor in the clause. In subcontracts, at any tier, the
Government, the subcontractor, and the Contractor agree that the mutual obligations of the
parties created by this clause 1852.227-88 constitute a contract between the subcontractor and
the Government with respect to the matters covered by the clause.
(End of clause)
1852.228-70 Aircraft Ground and Flight Risk.
As prescribed in 1828.370(a), insert the following clause. The purpose of this clause is to have the
Government assume risks that generally entail unusually high insurance premiums and are not
covered by the contractor's contents, work-in-process, and similar insurance. Since the definitions
in the clause may not cover every situation that should be covered to achieve this purpose, the
clause may be modified as follows: If the contract covers helicopters, vertical take-off aircraft,
lighter-than-air airships, or other nonconventional types of aircraft, the definition of "aircraft"
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should be modified to specify that the aircraft has reached a point of manufacture comparable to that
specified in the standard definition, which is written for conventional winged aircraft. The
definition of "in the open" may be modified to include "hush houses," test hangers, comparable
structures, and other designated areas. In addition, clause paragraph (d)(3) may be modified to
provide for Government assumption of risk of transportation by conveyance on streets or highways
if the contracting officer determines that this transportation is limited to the vicinity of the
contractor's premises and is merely incident to work being performed under the contract.
AIRCRAFT GROUND AND FLIGHT RISK
(OCT 1996)
(a) Notwithstanding any other provisions of this contract, except as may be specifically
provided in the Schedule as an exception to this clause, the Government, subject to the definitions
and limitations of this clause, assumes the risk of damage to, or loss or destruction of, aircraft in the
open, during operation, or in flight and agrees that the Contractor shall not be liable to the
Government for any such damage, loss, or destruction.
(b) For the purposes of this clause, the following definitions apply:
(1) Unless otherwise specifically provided in the Schedule, "aircraft" includes-(i) Aircraft (including both complete aircraft and aircraft in the course of
being manufactured, disassembled, or reassembled; provided that an engine, wing, or a portion of a
wing is attached to the fuselage) to be furnished to the Government under this contract (whether
before or after Government acceptance); and
(ii) Aircraft (regardless of whether in a state of disassembly or reassembly)
furnished by the Government to the Contractor under this contract, including all property installed
in, being installed in, or temporarily removed from them, unless the aircraft and property are
covered by a separate bailment agreement.
(2) "In the open" means located wholly outside of buildings on the Contractor's
premises, or at such other places as may be described in the Schedule as being in the open for the
purposes of this clause, except that aircraft furnished by the Government are considered to be in the
open at all times while in the Contractor's possession, care, custody, or control.
(3) "Flight" includes any flight demonstration, flight test, taxi test, or other flight
made in the performance of this contract, or for the purpose of safeguarding the aircraft, or
previously approved in writing by the Contracting Officer.
(i) With respect to land-based aircraft, flight commences with the taxi roll
from a flight line on the Contractor's premises and continues until the aircraft has completed the taxi
roll in returning to a flight line on the Contractor's premises.
(ii) With respect to seaplanes, flight commences with the launching from a
ramp on the Contractor's premises and continues until the aircraft has completed its landing run
upon return and is beached at a ramp on the Contractor's premises.
(iii) With respect to helicopters, flight commences upon engagement of the
rotors for the purpose of take-off from the Contractor's premises and continues until the aircraft has
returned to the ground on the Contractor's premises and the rotors are disengaged.
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(iv) With respect to vertical take-off aircraft, flight commences upon
disengagement from any launching platform or device on the Contractor's premises and continues
until the aircraft has been re-engaged to any launching platform or device on the Contractor's
premises; provided, however, that aircraft off the Contractor's premises shall be deemed to be in
flight when on the ground or water only during periods of reasonable duration following emergency
landing, other landings made in the performance of this contract, or landings approved by the
Contracting Officer in writing.
(4) "Contractor's premises" means those premises designated as such in the
Schedule or in writing by the Contracting Officer, and any other place to which aircraft are moved
for the purpose of safeguarding the aircraft.
(5) "Operation" means operations and tests, other than on any production line, of
aircraft not in flight, whether or not the aircraft is in the open or in motion. It includes operations
and tests of equipment, accessories, and power plants only when installed in aircraft.
(6) "Flight crew members" means the pilot, copilot, and, unless otherwise
specifically provided in the Schedule, the flight engineer and navigator when required or assigned to
their respective crew positions to conduct any flight on behalf of the Contractor.
(7) "Contractor's managerial personnel" means the Contractor's directors, officers,
and any managers, superintendents, or equivalent representatives who have supervision or direction
of all or substantially all of the Contractor's business or of the Contractor's operations at any one
plant, a separate location at which this contract is performed, or a separate and complete major
industrial operation in connection with the performance of this contract.
(c)(1) The Government's assumption of risk under this clause, as to aircraft in the open,
shall continue in effect unless terminated pursuant to paragraph (c)(3) of this clause. If the
Contracting Officer finds that an aircraft is in the open under unreasonable conditions, the
Contracting Officer shall notify the Contractor in writing of the conditions found to be unreasonable
and require the Contractor to correct them within a reasonable time.
(2) Upon receipt of this notice, the Contractor shall act promptly to correct these
conditions, regardless of whether it agrees that they are in fact unreasonable. To the extent that the
Contracting Officer may later determine that they were not in fact unreasonable, an equitable
adjustment shall be made in the contract price to compensate the Contractor for any additional costs
incurred in correcting them, and the contract shall be modified in writing accordingly.
(3)(i) If the Contracting Officer finds that the Contractor has failed to act promptly
to correct unreasonable conditions or has failed to correct them within a reasonable time, the
Contracting Officer may by written notice terminate the Government's assumption of risk under this
clause for any aircraft which is in the open under those conditions. This termination shall be
effective at 12:01 A.M. on the 15th day following the day of receipt by the Contractor of the notice.
(ii) If the Contracting Officer later determines that the Contractor acted
promptly to correct the conditions or that the time taken by the Contractor was not in fact
unreasonable, an equitable adjustment shall, notwithstanding paragraph (g) of this clause, be made
to compensate the Contractor for any additional costs incurred as a result of the termination, and the
contract shall be modified in writing accordingly.
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furnished property shall be determined in accordance with the Government property clause of this
contract, if any, until the Government's assumption of risk is reinstated in accordance with
paragraph (c)(5) of this clause.
(5)(i) When unreasonable conditions have been corrected, the Contractor shall
promptly notify the Government. The Government may or may not elect to reassume the risks and
relieve the Contractor of liabilities as provided in this clause, and the Contracting Officer shall
notify the Contractor of the Government's election.
(ii) If, after correction of the conditions, the Government elects to reassume
the risks and relieve the Contractor of liabilities, the Contractor shall be entitled to an equitable
adjustment for any costs of insurance extending from the end of the third working day after the
Contractor notifies the Government of the correction until the Government notifies the Contractor of
that election.
(iii) If the Government elects not to reassume the risks and the conditions
have in fact been corrected, the Contractor shall be entitled to an equitable adjustment for any costs
of insurance extending after the third working day referred to in paragraph (c)(5)(ii) of this clause.
(d) The Government's assumption of risk shall not extend to damage to, or loss or
destruction of aircraft—
(1) Resulting from failure of the Contractor, due to willful misconduct or lack of
good faith of any of the Contractor's managerial personnel, to maintain and administer a program
for protecting and preserving aircraft in the open and during operation, in accordance with sound
industrial practice;
(2) Sustained during flight if the flight crew members conducting the flight have not
been approved in writing by the Contracting Officer;
(3) While in the course of transportation by rail or by conveyance on public streets,
highways, or waterways, except for Government-furnished property;
(4) The extent that the damage, loss, or destruction is in fact covered by insurance;
(5) Consisting of wear and tear, deterioration (including rust and corrosion),
freezing, or mechanical, structural, or electrical breakdown or failure, unless this damage is the
result of other loss, damage, or destruction covered by this clause (except that, in the case of
Government- furnished property, if the damage consists of reasonable wear and tear or deterioration
or results from an inherent defect in such property, this exclusion shall not apply); or
(6) Sustained while the aircraft is being worked upon and directly resulting from the
work, including but not limited to any repairing, adjusting, servicing, or maintenance operation,
unless the damage, loss, or destruction is of a type that would be covered by insurance that would
customarily have been maintained by the Contractor at the time of the damage, loss, or destruction,
but for the Government's assumption of risk under this clause.
(e)(1) With the exception of damage to, or loss or destruction of, aircraft in flight, the
Government's assumption of risk under this clause shall not extend to the first $1,000 of loss or
damage resulting from each separately occurring event. The Contractor assumes the risk of and
shall be responsible for the first $1,000 of loss of or damage to aircraft in the open or during
operation resulting from each separately occurring event, except for reasonable wear and tear and
except to the extent the loss or damage is caused by negligence of Government personnel.
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(2) If the Government elects to require that the aircraft be replaced or restored by
the Contractor to its condition immediately prior to the damage, the equitable adjustment in the
price authorized by paragraph (i) of this clause shall not include the dollar amount of the risk
assumed by the Contractor under this paragraph (e). If the Government does not elect repair or
replacement, the Contractor agrees to credit the contract price or pay the Government $1,000 (or the
amount of the loss if smaller) as directed by the Contracting Officer.
(f) No subcontractor may be relieved from liability for damage to, or loss or destruction of,
aircraft while in its possession or control, except to the extent that the subcontract, with the
Contracting Officer's prior written approval, provides for relief of the subcontractor from that
liability. In the absence of such approval, the subcontract shall require the return of the aircraft in as
good condition as when received, except for reasonable wear and tear or for the utilization of the
property in accordance with the provisions of this contract. If a subcontractor has not been relieved
from liability and any damage, loss, or destruction occurs, the Contractor shall enforce the liability
of the subcontractor for that damage to, or loss or destruction of, the aircraft for the benefit of the
Government.
(g) The Contractor warrants that the contract price does not and will not include, except as
this clause may otherwise authorize, any charge or contingency reserve for insurance (including
self-insurance funds or reserves) covering any damage to, or loss or destruction of, aircraft while in
the open, during operation, or in flight, the risk of which has been assumed by the Government
under this clause, whether or not such assumption may be terminated as to aircraft in the open.
(h)(1) In the event of damage to, or loss or destruction of, aircraft in the open, during
operation, or in flight, the Contractor shall take all reasonable steps to protect the aircraft from
further damage, separate damaged and undamaged aircraft, and put all aircraft in the best possible
order. Further, except in cases covered by paragraph (e) of this clause, the Contractor should
furnish to the Contracting Officer a statement of–
(i) The damaged, lost, or destroyed aircraft;
(ii) The time and origin of the damage, loss, or destruction;
(iii) All known interests in commingled property of which aircraft are a part;
and
(iv) Any insurance covering any part of the interest in the commingled
property.
(2) Except in cases covered by paragraph (e) of this clause, an equitable adjustment
shall be made in the amount due under this contract for expenditures made by the Contractor in
performing its obligations under this paragraph (h), and this contract shall be modified in writing
accordingly.
(i)(1) If, before delivery and acceptance by the Government, any aircraft is damaged, lost,
or destroyed and the Government has under this clause assumed the risk of that damage, loss, or
destruction, the Government shall either (i) require that the aircraft be replaced or restored by the
Contractor to its condition immediately prior to the damage or (ii) terminate this contract with
respect to that aircraft.
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(2) If the Government requires that the aircraft be replaced or restored, an equitable
adjustment shall be made in the amount due under this contract and in the time required for its
performance, and the contract shall be modified in writing accordingly.
(3) If this contract is terminated under this paragraph (i)(1)(ii) with respect to the
aircraft, and under this clause the Government has assumed the risk of the damage, loss, or
destruction, the Contractor shall be paid the contract price for the aircraft (or, if applicable, any
work to be performed on the aircraft) less any amounts the Contracting Officer determines (i) that it
would have cost the Contractor to complete the aircraft (or any work to be performed on it),
together with any anticipated profit on the uncompleted work and (ii) to be the value, if any, of the
damaged aircraft or any remaining portion of it retained by the Contractor. The Contracting Officer
shall have the right to prescribe the manner of disposition of the damaged, lost, or destroyed aircraft
or any remaining parts of it, and, if the Contractor incurs additional costs as a result of such
disposition, a further equitable adjustment shall be made in the amount due to the Contractor.
(j)(1) If the Contractor is at any time reimbursed or compensated by any third person for
any damage, loss, or destruction of any aircraft, the risk of which has been assumed by the
Government under this clause and for which the Contractor has been compensated by the
Government, it shall equitably reimburse the Government.
(2) The Contractor shall do nothing to prejudice the Government's rights to recover
against third parties for any such damage, loss, or destruction and, upon the request of the
Contracting Officer, shall at the Government's expense furnish to the Government all reasonable
assistance and cooperation (including the prosecution of suits and the execution of instruments of
assignment or subrogation in favor of the Government) in obtaining recovery.
(End of clause)
1852.228-71 Aircraft Flight Risks.
As prescribed in 1828.311-270(a), insert the following clause:
AIRCRAFT FLIGHT RISKS
(DEC 1988)
(a) Notwithstanding any other provision of this contract (particularly paragraph (g) of the
Government Property (Cost- Reimbursement, Time-and-Materials, or Labor-Hour Contracts) clause
and paragraph (c) of the Insurance--Liability to Third Persons clause), the Contractor shall not (1)
be relieved of liability for damage to, or loss or destruction of, aircraft sustained during flight or (2)
be reimbursed for liabilities to third persons for loss of or damage to property or for death or bodily
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injury caused by aircraft during flight, unless the flight crew members have previously been
approved in writing by the Contracting Officer.
(b) For the purposes of this clause-(1) Unless otherwise specifically provided in the Schedule, "aircraft" includes any
aircraft, whether furnished by the Contractor under this contract (either before or after Government
acceptance) or furnished by the Government to the Contractor under this contract, including all
Government property placed or installed or attached to the aircraft, unless the aircraft and property
are covered by a separate bailment agreement.
(2) "Flight" includes any flight demonstration, flight test, taxi test, or other flight
made in the performance of this contract, or for the purpose of safeguarding the aircraft, or
previously approved in writing by the Contracting Officer.
(i) With respect to land-based aircraft, flight commences with the taxi roll
from a flight line and continues until the aircraft has completed the taxi roll to a flight line.
(ii) With respect to sea-planes, flight commences with the launching from a
ramp and continues until the aircraft has completed its landing run and is beached at a ramp.
(iii) With respect to helicopters, flight commences upon engagement of the
rotors for the purpose of take-off and continues until the aircraft has returned to the ground and
rotors are disengaged.
(iv) With respect to vertical take-off aircraft, flight commences upon
disengagement from any launching platform or device and continues until the aircraft has been reengaged to any launching platform or device.
(3) "Flight crew members" means the pilot, copilot, and, unless otherwise
specifically provided in the Schedule, the flight engineer and navigator when required or assigned to
their respective crew positions to conduct any flight on behalf of the Contractor.
(c)(1) If any aircraft is damaged, lost, or destroyed during flight and the amount of the
damage, loss, or destruction exceeds $100,000 or 20 percent of the estimated cost, exclusive of any
fee, of this contract, whichever is less, and if the Contractor is not liable for the damage, loss, or
destruction under the Government Property (Cost-Reimbursement, Time-and-Materials, or LaborHour Contracts) clause of this contract or under paragraph (a) of this clause, an equitable adjustment
for any resulting repair, restoration, or replacement required under this contract shall be made (i) in
the estimated cost, the delivery schedule, or both and (ii) in the amount of any fee to be paid to the
Contractor, and the contract shall be modified in writing accordingly.
(2) In determining the amount of adjustment in the fee that is equitable, any fault of
the Contractor, its employees, or any subcontractor that materially contributed to the damage, loss,
or destruction shall be taken into consideration.
(End of clause)
1852.228-75 Minimum Insurance Coverage.
As prescribed in 1828.372, insert the following clause:
MINIMUM INSURANCE COVERAGE
(OCT 1988)
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The Contractor shall obtain and maintain insurance coverage as follows for the performance of this
contract:
(a) Worker's compensation and employer's liability insurance as required by applicable
Federal and state workers' compensation and occupational disease statutes. If occupational diseases
are not compensable under those statutes, they shall be covered under the employer's liability
section of the insurance policy, except when contract operations are so commingled with the
Contractor's commercial operations that it would not be practical. The employer's liability coverage
shall be at least $100,000, except in States with exclusive or monopolistic funds that do not permit
workers' compensation to be written by private carriers.
(b) Comprehensive general (bodily injury) liability insurance of at least $500,000 per
occurrence.
(c) Motor vehicle liability insurance written on the comprehensive form of policy which
provides for bodily injury and property damage liability covering the operation of all motor vehicles
used in connection with performing the contract. Policies covering motor vehicles operated in the
United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence
for bodily injury liability and $20,000 per occurrence for property damage. The amount of liability
coverage on other policies shall be commensurate with any legal requirements of the locality and
sufficient to meet normal and customary claims.
(d) Comprehensive general and motor vehicle liability policies shall contain a provision
worded as follows:
"The insurance company waives any right of subrogation against the United States of America
which may arise by reason of any payment under the policy."
(e) When aircraft are used in connection with performing the contract, aircraft public and
passenger liability insurance of at least $200,000 per person and $500,000 per occurrence for bodily
injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage
for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or
passengers, whichever is greater.
(End of clause)
1852.228-76 Cross-Waiver of Liability for International Space Station Activities.
As prescribed in 1828.371(c) and (d), insert the following clause:
CROSS-WAIVER OF LIABILITY FOR INTERNATIONAL SPACE STATION ACTIVITIES
(OCT 2012)
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(a) The Intergovernmental Agreement Among the Government of Canada, Governments
of Member States of the European Space Agency, the Government of Japan, the Government of
the Russian Federation, and the Government of the United States of America concerning
Cooperation on the Civil International Space Station (IGA) for the International Space Station
(ISS) contains a cross-waiver of liability provision to encourage participation in the exploration,
exploitation, and use of outer space through the ISS. The objective of this clause is to extend this
cross-waiver of liability to NASA contracts in the interest of encouraging participation in the
exploration, exploitation, and use of outer space through the International Space Station (ISS).
The Parties intend that this cross-waiver of liability be broadly construed to achieve this
objective.
(b) As used in this clause, the term:
(1) “Agreement” refers to any NASA Space Act agreement that contains the
cross-waiver of liability provision authorized by 14 CFR Part 1266.102.
(2) “Damage” means:
(i) Bodily injury to, or other impairment of health of, or death of, any
person;
(ii) Damage to, loss of, or loss of use of any property;
(iii) Loss of revenue or profits; or
(iv) Other direct, indirect, or consequential Damage.
(3) “Launch Vehicle” means an object, or any part thereof, intended for launch,
launched from Earth, or returning to Earth which carries Payloads or persons, or both.
(4) “Partner State” includes each Contracting Party for which the IGA has
entered into force, pursuant to Article 25 of the IGA or pursuant to any successor agreement. A
Partner State includes its Cooperating Agency. It also includes any entity specified in the
Memorandum of Understanding (MOU) between NASA and the Government of Japan to assist
the Government of Japan's Cooperating Agency in the implementation of that MOU.
(5) “Party” means a party to a NASA Space Act agreement involving activities in
connection with the ISS and a party that is neither the prime contractor under this contract nor a
subcontractor at any tier.
(6) “Payload” means all property to be flown or used on or in a Launch Vehicle
or the ISS.
(7) “Protected Space Operations” means all Launch or Transfer Vehicle
activities, ISS activities, and Payload activities on Earth, in outer space, or in transit between
Earth and outer space in implementation of the IGA, MOUs concluded pursuant to the IGA,
implementing arrangements, and contracts to perform work in support of NASA’s obligations
under these Agreements. It includes, but is not limited to—
(i) Research, design, development, test, manufacture, assembly,
integration, operation, or use of Launch or Transfer Vehicles, the ISS, Payloads, or instruments,
as well as related support equipment and facilities and services; and
(ii) All activities related to ground support, test, training, simulation, or
guidance and control equipment and related facilities or services. “Protected Space Operations”
also includes all activities related to evolution of the ISS, as provided for in Article 14 of the
IGA. “Protected Space Operations” excludes activities on Earth which are conducted on return
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from the ISS to develop further a Payload's product or process for use other than for ISS-related
activities in implementation of the IGA.
(8) “Related Entity” means:
(i) A contractor or subcontractor of a Party or a Partner State at any tier;
(ii) A user or customer of a Party or a Partner State at any tier; or
(iii) A contractor or subcontractor of a user or customer of a Party or a
Partner State at any tier. The terms “contractor” and “subcontractor” include suppliers of any
kind.
(9) “Transfer Vehicle” means any vehicle that operates in space and transfers
Payloads or persons or both between two different space objects, between two different locations
on the same space object, or between a space object and the surface of a celestial body. A
Transfer Vehicle also includes a vehicle that departs from and returns to the same location on a
space object.
(c) Cross-waiver of liability:
(1) The Contractor agrees to a cross-waiver of liability pursuant to which it
waives all claims against any of the entities or persons listed in paragraphs (c)(1)(i) through
(c)(1)(iv) of this clause based on Damage arising out of Protected Space Operations. This crosswaiver shall apply only if the person, entity, or property causing the Damage is involved in
Protected Space Operations and the person, entity, or property damaged is damaged by virtue of
its involvement in Protected Space Operations. The cross-waiver shall apply to any claims for
Damage, whatever the legal basis for such claims, against—
(i) A Party as defined in (b)(5) of this clause;
(ii) A Partner State other than the United States of America;
(iii) A Related Entity of any entity identified in paragraph (c)(1)(i) or
(c)(1)(ii) of this clause; or
(iv) The employees of any of the entities identified in paragraphs (c)(1)(i)
through (c)(1)(iii) of this clause.
(2) In addition, the contractor shall, by contract or otherwise, extend the crosswaiver of liability set forth in paragraph (c)(1) of this clause to its subcontractors at any tier by
requiring them, by contract or otherwise, to—
(i) Waive all claims against the entities or persons identified in paragraphs
(c)(1)(i) through (c)(1)(iv) of this clause; and
(ii) Require that their subcontractors waive all claims against the entities
or persons identified in paragraphs (c)(1)(i) through (c)(1)(iv) of this clause.
(3) For avoidance of doubt, this cross-waiver of liability includes a cross-waiver
of claims arising from the Convention on International Liability for Damage Caused by Space
Objects, which entered into force on September 1, 1972, where the person, entity, or property
causing the Damage is involved in Protected Space Operations and the person, entity, or property
damaged is damaged by virtue of its involvement in Protected Space Operations.
(4) Notwithstanding the other provisions of this clause, this cross-waiver of
liability shall not be applicable to—
(i) Claims between the Government and its own contractors or between its
own contractors and subcontractors;
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(ii) Claims made by a natural person, his/her estate, survivors or
subrogees (except when a subrogee is a Party to an Agreement or is otherwise bound by the
terms of this cross-waiver) for bodily injury to, or other impairment of health of, or death of,
such person;
(iii) Claims for Damage caused by willful misconduct;
(iv) Intellectual property claims;
(v) Claims for Damage resulting from a failure of the contractor to extend
the cross-waiver of liability to its subcontractors and related entities, pursuant to paragraph (c)(2)
of this clause;
(vi) Claims by the Government arising out of or relating to the
contractor’s failure to perform its obligations under this contract.
(5) Nothing in this clause shall be construed to create the basis for a claim or suit
where none would otherwise exist.
(6) This cross-waiver shall not be applicable when 49 U.S.C. Subtitle IX,
Chapter. 701 is applicable.
(End of clause)
1852.228-78 Cross-Waiver of Liability for Science or Space Exploration Activities Unrelated
to the International Space Station.
As prescribed in 1828.371(b) and (d), insert the following clause:
CROSS-WAIVER OF LIABILITY FOR SCIENCE OR SPACE EXPLORATION ACTIVITIES
UNRELATED TO THE INTERNATIONAL SPACE STATION
(OCT 2012)
(a) The purpose of this clause is to extend a cross-waiver of liability to NASA contracts for
work done in support of Agreements between Parties involving Science or Space Exploration
activities that are not related to the International Space Station (ISS) but involve a launch. This
cross-waiver of liability shall be broadly construed to achieve the objective of furthering
participation in space exploration, use, and investment.
(b) As used in this clause, the term:
(1) “Agreement” refers to any NASA Space Act agreement that contains the
cross-waiver of liability provision authorized in 14 CFR Part 1266.104.
(2) "Damage" means:
(i) Bodily injury to, or other impairment of health of, or death of, any
person;
(ii) Damage to, loss of, or loss of use of any property;
(iii) Loss of revenue or profits; or
(iv) Other direct, indirect, or consequential Damage;
(3) “Launch Vehicle” means an object, or any part thereof, intended for launch,
launched from Earth, or returning to Earth which carries Payloads or persons, or both.
(4) "Party" means a party to a NASA Space Act agreement for Science or Space
Exploration activities unrelated to the ISS that involve a launch and a party that is neither the prime
contractor under this contract nor a subcontractor at any tier hereof.
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(5) "Payload" means all property to be flown or used on or in a Launch Vehicle.
(6) "Protected Space Operations" means all Launch or Transfer Vehicle activities
and Payload activities on Earth, in outer space, or in transit between Earth and outer space in
implementation of an Agreement for Science or Space Exploration activities unrelated to the ISS
that involve a launch. Protected Space Operations begins at the signature of the Agreement and
ends when all activities done in implementation of the Agreement are completed. It includes, but is
not limited to:
(i) Research, design, development, test, manufacture, assembly, integration,
operation, or use of Launch or Transfer Vehicles, Payloads, or instruments, as well as related
support equipment and facilities and services; and
(ii) All activities related to ground support, test, training, simulation, or
guidance and control equipment, and related facilities or services.
Protected Space Operations excludes activities on Earth which are conducted on return from space
to develop further a payload's product or process other than for the activities within the scope of an
Agreement.
(7) "Related entity" means:
(i) A contractor or subcontractor of a Party at any tier;
(ii) A user or customer of a Party at any tier; or
(iii) A contractor or subcontractor of a user or customer of a Party at any
tier.
The terms "contractors" and "subcontractors" include suppliers of any kind.
(8) “Transfer Vehicle” means any vehicle that operates in space and transfers
Payloads or persons or both between two different space objects, between two different locations on
the same space object, or between a space object and the surface of a celestial body. A Transfer
Vehicle also includes a vehicle that departs from and returns to the same location on a space object.
(c) Cross-waiver of liability:
(1) The Contractor agrees to a waiver of liability pursuant to which it waives all
claims against any of the entities or persons listed in paragraphs (c)(1)(i) through (c)(1)(iv) of this
clause based on Damage arising out of Protected Space Operations. This cross-waiver shall apply
only if the person, entity, or property causing the Damage is involved in Protected Space Operations
and the person, entity, or property damaged is damaged by virtue of its involvement in Protected
Space Operations. The waiver shall apply to any claims for Damage, whatever the legal basis for
such claims, against—
(i) A Party;
(ii) A Party to another NASA Agreement or contract that includes flight on
the same Launch Vehicle;
(iii) A Related Entity of any entity identified in paragraphs (c)(1)(i) or
(c)(1)(ii) of this clause; or
(iv) The employees of any of the entities identified in (c)(1)(i) through (iii)
of this clause.
(2) The Contractor agrees to extend the cross-waiver of liability as set forth in
paragraph (c)(1) of this clause to its own subcontractors at all tiers by requiring them, by contract or
otherwise, to:
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(i) Waive all claims against the entities or persons identified in paragraphs
(c)(1)(i) through (c)(1)(iv) of this clause; and
(ii) Require that their Related Entities waive all claims against the entities or
persons identified in paragraphs (c)(1)(i) through (c)(1)(iv) of this clause.
(3) For avoidance of doubt, this cross-waiver of liability includes a cross-waiver of
claims arising from the Convention on International Liability for Damage Caused by Space
Objects, entered into force on 1 September 1972, in which the person, entity, or property causing
the Damage is involved in Protected Space Operations and the person, entity, or property damaged
is damaged by virtue of its involvement in Protected Space Operations.
(4) Notwithstanding the other provisions of this clause, this cross-waiver of liability
shall not be applicable to:
(i) Claims between the Government and its own contractors or between its
own contractors and subcontractors;
(ii) Claims made by a natural person, his/her estate, survivors, or subrogees
(except when a subrogee is a Party to an Agreement or is otherwise bound by the terms of this
cross-waiver) for bodily injury to, or other impairment of health, or death of such person;
(iii) Claims for Damage caused by willful misconduct;
(iv) Intellectual property claims;
(v) Claims for damages resulting from a failure of the contractor to extend
the cross-waiver of liability to its subcontractors and related entities, pursuant to paragraph (c)(2) of
this clause; or
(vi) Claims by the Government arising out of or relating to a contractor’s
failure to perform its obligations under this contract.
(5) Nothing in this clause shall be construed to create the basis for a claim or suit
where none would otherwise exist.
(6) This cross-waiver shall not be applicable when 49 U.S.C. Subtitle IX, Chapter
701 is applicable.
(End of clause)
1852.228-80 Insurance — Immunity From Tort Liability.
As prescribed in 1828.311-270(b), insert the following provision:
INSURANCE — IMMUNITY FROM TORT LIABILITY
(SEP 2000)
If the offeror is partially or totally immune from tort liability to third persons as a State agency or
as a charitable institution, the offeror will include in its offer a representation to that effect.
When the successful offeror represented in its offer that it is immune from tort liability, the
following clause(s) will be included in the resulting contract:
(a) When the offeror represents that it is partially immune from tort liability to third
persons as a State agency or as a charitable institution, the clause at FAR 52.228-7, Insurance —
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Liability To Third Persons, and the associated NFS clause 1852.228-81, Insurance — Partial
Immunity From Tort Liability, will be included in the contract.
(b) When the offeror represents that it is totally immune from tort liability to third
persons as a State agency or as a charitable institution, the clause at NFS 1852.228-82, Insurance
— Total Immunity From Tort Liability, will be included in the contract.
(End of provision)
1852.228-81 Insurance — Partial Immunity From Tort Liability.
As prescribed in 1828.311-270(c), insert the following clause:
INSURANCE — PARTIAL IMMUNITY FROM TORT LIABILITY
(SEP 2000)
(a) Except as provided for in paragraph (b) of this clause, the Government does not
assume any liability to third persons, nor will the Government reimburse the Contractor for its
liability to third persons, with respect to loss due to death, bodily injury, or damage to property
resulting in any way from the performance of this contract; and
(b) The Contractor need not provide or maintain insurance coverage as required by
paragraph (a) of FAR clause 52.228-7, Insurance — Liability To Third Persons, provided that
the Contractor may obtain any insurance coverage deemed necessary, subject to approval by the
Contracting Officer as to form, amount, and duration. The Contractor shall be reimbursed for the
cost of such insurance and, to the extent provided in paragraph (c) of FAR clause 52.228-7, for
liabilities to third persons for which the contractor has obtained insurance coverage as provided
in this paragraph, but for which such coverage is insufficient in amount.
(End of clause)
1852.228-82 Insurance — Total Immunity From Tort Liability.
As prescribed in 1828.311-270(d), insert the following clause:
INSURANCE — TOTAL IMMUNITY FROM TORT LIABILITY
(SEP 2000)
(a) The Government does not assume any liability to third persons, nor will the
Government reimburse the Contractor for its liability to third persons, with respect to loss due to
death, bodily injury, or damage to property resulting in any way from the performance of this
contract or any subcontract under this contract.
(b) If any suit or action is filed, or if any claim is made against the Contractor, the cost
and expense of which may be reimbursable to the contractor under this contract, the Contractor
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will immediately notify the Contracting Officer and promptly furnish copies of all pertinent
papers received by the Contractor. The Contractor will, if required by the Government,
authorize Government representatives to settle or defend the claim and to represent the
contractor in or take charge of any litigation. The Contractor may, at its own expense, be
associated with the Government representatives in any such claim or litigation.
(End of clause)
1852.231-70 Precontract Costs.
As prescribed in 1831.205-70, insert the following clause:
PRECONTRACT COSTS
(JUN 1995)
The Contractor shall be entitled to reimbursement for costs incurred on or after
in
an amount not to exceed $
that, if incurred after this contract had been entered into, would
have been reimbursable under this contract.
(End of clause)
1852.231-71 Determination of Compensation Reasonableness.
As prescribed at 1831.205-671, insert the following provision.
DETERMINATION OF COMPENSATION REASONABLENESS
(APR 2015)
(a) The proposal shall include a total compensation plan. This plan shall address all
proposed labor categories, including those personnel subject to union agreements, the Service
Contract Act, and those exempt from both of the above. The total compensation plan shall include
the salaries/wages, fringe benefits and leave programs proposed for each of these categories of
labor. The plan also shall include a discussion of the consistency of the plan among the categories
of labor being proposed. Differences between benefits offered professional and non-professional
employees shall be highlighted. The requirements of this plan may be combined with that required
by the clause at FAR 52.222-46, "Evaluation of Compensation for Professional Employees."
(b) The offeror shall provide written support to demonstrate that its proposed compensation
is reasonable.
(c) The offeror shall include the rationale for any conformance procedures used or those
Service Contract Act employees proposed that do not fall within the scope of any classification
listed in the applicable wage determination.
(d) The offeror shall require all service subcontractors provide, as part of their proposal,
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competitive fixed-price type subcontracts having a total potential value expected to exceed the
threshold for requiring certified cost or pricing data as set forth in FAR 15.403-4.
(End of provision)
1852.232-70 NASA Modification of FAR 52.232-12.
As prescribed at 1832.412-70, make the following modifications:
NASA MODIFICATION OF FAR 52.232-12
(APR 2015)
(a) Basic Clause. (1) In paragraph (e), Maximum Payment, in the sentence that begins
“When the sum of,” change the word "When" to lower case and insert before it: "Unliquidated
advance payments shall not exceed $..... at any time outstanding. In addition.…"
(2) In paragraph (m)(1), delete "in the form prescribed by the administering office" and
substitute "and Standard Form 425, Federal Financial Report.”
(b) Alternate II (if incorporated in the contract). In paragraph (e), Maximum Payment,
in the sentence that begins “When the sum of,” change the word "When" to lower case and insert
before it: "Unliquidated advance payments shall not exceed $..... at any time outstanding. In
addition.…"
(c) Alternate V (if incorporated in the contract).
(1) Substitute the following for paragraph (b): "(b) Use of funds. The Contractor
may use advance payment funds only to pay for properly allocable, allowable, and reasonable
costs for direct materials, direct labor, indirect costs, or such other costs approved in writing by
the administering contracting office. Payments are subject to any restrictions in other clauses of
this contract. Determinations of whether costs are properly allocable, allowable, and reasonable
shall be in accordance with generally accepted accounting principles, subject to any applicable
subparts of Part 31of the Federal Acquisition Regulation, other applicable regulations referenced
in Part 31, or Subpart 1831.2."
(2) In paragraph (d), Maximum Payment, in the sentence that begins “When the
sum of,” change the word "When" to lower case and insert before it: "Unliquidated advance
payments shall not exceed $..... at any time outstanding. In addition.…"
(3) In paragraph (j)(1), insert between "statements," and "and" "together with
Standard Form 425, Federal Financial Report”.
(4) If this is a Phase I contract awarded under the SBIR or STTR programs,
delete paragraph (a) and substitute the following: "(a) Requirements for payment. Advance
payments will be made under this contract upon receipt of invoices from the Contractor. Invoices
should be clearly marked "Small Business Innovation Research Contract" or "Small Business
Technology Transfer Contract," as appropriate, to expedite payment processing. One-third of the
total contract price will be available to be advanced to the contractor immediately after award,
another one-third will be advanced three months after award, and the final one-third will be paid
upon acceptance by NASA of the Contractor's final report. By law, full payment must be made
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no later than 12 months after the date that contract requirements are completed. The Contractor
shall flow down the terms of this clause to any subcontractor requiring advance payments."
(End of clause)
1852.232-77 Limitation of Funds (Fixed- Price Contract).
As prescribed in 1832.705-270(a), insert the following clause. Contracting officers are authorized,
in appropriate cases, to revise clause paragraphs (a), (b), and (g) to specify the work required under
the contract, in lieu of using contract item numbers. The 60-day period may be varied from 30 to 90
days, and the 75 percent from 75 to 85 percent:
LIMITATION OF FUNDS (FIXED-PRICE CONTRACT)
(MAR 1989)
(a) Of the total price of items
through
, the sum of $
is presently available for
payment and allotted to this contract. It is anticipated that from time to time additional funds will be
allocated to the contract in accordance with the following schedule, until the total price of said items
is allotted:
SCHEDULE FOR ALLOTMENT OF FUNDS
Date
Amounts
(b) The Contractor agrees to perform or have performed work on the items specified in
paragraph (a) of this clause up to the point at which, if this contract is terminated pursuant to the
Termination for Convenience of the Government clause of this contract, the total amount payable
by the Government (including amounts payable for subcontracts and settlement costs) pursuant to
paragraphs (f) and (g) of that clause would, in the exercise of reasonable judgment by the
Contractor, approximate the total amount at the time allotted to the contract. The Contractor is not
obligated to continue performance of the work beyond that point. The Government is not obligated
in any event to pay or reimburse the Contractor more than the amount from time to time allotted to
the contract, anything to the contrary in the Termination for Convenience of the Government clause
notwithstanding.
(c)(1) It is contemplated that funds presently allotted to this contract will cover the work to
be performed until
.
(2) If funds allotted are considered by the Contractor to be inadequate to cover the
work to be performed until that date, or an agreed date substituted for it, the Contractor shall notify
the Contracting Officer in writing when within the next 60 days the work will reach a point at
which, if the contract is terminated pursuant to the Termination for Convenience of the
Government clause of this contract, the total amount payable by the Government (including
amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that
clause will approximate 75 percent of the total amount then allotted to the contract.
(3)(i) The notice shall state the estimate when the point referred to in paragraph
(c)(2) of this clause will be reached and the estimated amount of additional funds required to
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continue performance to the date specified in paragraph (c)(1) of this clause, or an agreed date
substituted for it.
(ii) The Contractor shall, 60 days in advance of the date specified in
paragraph (c)(1) of this clause, or an agreed date substituted for it, advise the Contracting Officer in
writing as to the estimated amount of additional funds required for the timely performance of the
contract for a further period as may be specified in the contract or otherwise agreed to by the parties.
(4) If, after the notification referred to in paragraph (c)(3)(ii) of this clause,
additional funds are not allotted by the date specified in paragraph (c)(1) of this clause, or an agreed
date substituted for it, the Contracting Officer shall, upon the Contractor's written request, terminate
this contract on that date or on the date set forth in the request, whichever is later, pursuant to the
Termination for Convenience of the Government clause.
(d) When additional funds are allotted from time to time for continued performance of the
work under this contract, the parties shall agree on the applicable period of contract performance to
be covered by these funds. The provisions of paragraphs (b) and (c) of this clause shall apply to
these additional allotted funds and the substituted date pertaining to them, and the contract shall be
modified accordingly.
(e) If, solely by reason of the Government's failure to allot additional funds in amounts
sufficient for the timely performance of this contract, the Contractor incurs additional costs or is
delayed in the performance of the work under this contract, and if additional funds are allotted, an
equitable adjustment shall be made in the price or prices (including appropriate target, billing, and
ceiling prices where applicable) of the items to be delivered, or in the time of delivery, or both.
(f) The Government may at any time before termination, and, with the consent of the
Contractor, after notice of termination, allot additional funds for this contract.
(g) The provisions of this clause with respect to termination shall in no way be deemed to
limit the rights of the Government under the default clause of this contract. The provisions of this
Limitation of Funds clause are limited to the work on and allotment of funds for the items set forth
in paragraph (a) of this clause. This clause shall become inoperative upon the allotment of funds for
the total price of said work except for rights and obligations then existing under this clause.
(h) Nothing in this clause shall affect the right of the Government to terminate this contract
pursuant to the Termination for Convenience of the Government clause of this contract.
(End of clause)
1852.232-79 Payment for On-Site Preparatory Costs.
As prescribed in 1832.111-70, insert the following clause:
PAYMENT FOR ON-SITE PREPARATORY COSTS
(SEP 1987)
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Costs associated with on-site preparatory work (start-up or set-up costs) will be prorated
over all work activities of a Critical Path Method (CPM) network or Progress Chart against which
progress payments will be sought. Separate payment for on-site preparatory costs will not be made
by the Government.
(End of clause)
1852.232-80 Submission of Vouchers/Invoices for Payment.
As prescribed in 1832.908-70, insert the following clause:
SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT
(APR 2018)
(a) The designated payment office is the NASA Shared Services Center (NSSC) located
at FMD Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center,
MS 39529.
(b) Except for classified vouchers, the Contractor shall submit all vouchers and invoices
using the steps described at NSSC’s Vendor Payment information web site at:
https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at
1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.
(c) Payment requests.
(1) The payment periods are stipulated in the payment clause(s) contained in this
contract.
(2) Vouchers submitted under cost-type contracts and invoices submitted under
fixed-price contracts shall include the items delineated in FAR 32.905(b) supported by relevant
back-up documentation. Back-up documentation shall include at a minimum, the following
information:
(i) Vouchers.
(A) Breakdown of billed labor costs and associated contractor
generated supporting documentation for billed direct labor costs to include rates used and
number of hours incurred.
(B) Breakdown of billed other direct costs (ODCs) and associated
contractor generated supporting documentation for billed ODCs.
(C) Indirect rate(s) used to calculate the amount of billed indirect
expenses.
(D) Progress reports, as required.
(ii) Invoices.
(A) Description of goods and services delivered as part of the
contract’s terms and conditions, including the dates of delivery/performance.
(B) Progress reports, as required.
(C) Date goods and services were performed.
(iii) Fee vouchers.
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since contract award.
(A) Listing of all provisionally-billed fee by period or date earned
(B) A reconciliation of all billed and earned fee.
(C) A clear explanation of the fee calculations.
(d) Non-electronic payment requests. The Contractor may submit a non-electronic
voucher/invoice using the steps for non-electronic payment requests described at
https://www.nssc.nasa.gov/vendorpayment, when any of the following conditions are met:
(1) The Contracting Officer administering the contract for payment has
determined, in writing, that electronic submission would be unduly burdensome to the
Contractor.
(2) The contract includes provisions allowing the contractor to submit vouchers
or invoices using the steps for non-electronic payment requests. In such instances the Contractor
agrees to submit non-electronic payment requests using the method or methods specified in
Section G of the contract.
(e) Improper vouchers/invoices. The NSSC Payment Office will notify the contractor of
any apparent error, defect, or impropriety in a voucher/invoices within seven calendar days of
receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be
directed to the NSSC as specified in paragraph (b) of this section.
(f) Other payment clauses. In addition to the requirements of this clause, the Contractor
shall meet the requirements of the appropriate payment clauses in this contract when submitting
payment requests.
(g) In the event that amounts are withheld from payment in accordance with provisions
of this contract, a separate payment request for the amount withheld will be required before
payment for that amount may be made.
(End of clause)
[PN 18-07]
1852.232-81 Contract Funding.
As prescribed in 1832.705-270(b), insert the following clause:
CONTRACT FUNDING
(JUN 1990)
(a) For purposes of payment of cost, exclusive of fee, in accordance with the Limitation of
Funds clause, the total amount allotted by the Government to this contract is $
. This allotment
is for [Insert applicable item number(s), task(s), or work description]
and covers the
following estimated period of performance:
.
(b) An additional amount of $
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is obligated under this contract for payment of fee.
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(End of clause)
1852.232-82 Submission of Requests for Progress Payments.
As prescribed in 1832.502-470, insert the following clause:
SUBMISSION OF REQUESTS FOR PROGRESS PAYMENTS
(MAR 1989)
The Contractor shall request progress payments in accordance with the Progress Payments clause by
submitting to the Contracting Officer an original and two copies of Standard Form (SF) 1443,
Contractor's Request for Progress Payment, and the contractor's invoice (if applicable). The
Contracting Officer's office is the designated billing office for progress payments for purposes of the
Prompt Payment clause.
(End of clause)
1852.233-70 Protests to NASA.
As prescribed in 1833.106-70, insert the following:
PROTESTS TO NASA
(DEC 2015)
(a) In lieu of a protest to the United States Government Accountability Office (GAO),
bidders or offerors may submit a protest under 48 CFR Part 33 (FAR Part 33) directly to the
Contracting Officer for consideration by the Agency. Alternatively, bidders or offerors may request
an independent review by the Assistant Administrator for Procurement, who will serve as or
designate the official responsible for conducting an independent review. Such reviews are separate
and distinct from the Ombudsman Program described at 1815.7001.
(b) Bidders or offerors shall specify whether they are submitting a protest to the Contracting
Officer or requesting an independent review by the Assistant Administrator for Procurement.
(c) Protests to the Contracting Officer shall be submitted to the address or email specified in
the solicitation (email is an acceptable means for submitting a protest to the Contracting Officer).
Alternatively, requests for independent review by the Assistant Administrator for Procurement shall
be addressed to the Assistant Administrator for Procurement, NASA Headquarters, Washington,
D.C. 20546-0001.
(End of provision)
See PCD 15-05 for clause deviation to 1852.234-1.
1852.234-1 Notice of Earned Value Management System.
As prescribed in 1834.203-70(a), insert the following provision:
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NOTICE OF EARNED VALUE MANAGEMENT SYSTEM
(APR 2015)
(a) The offeror shall provide documentation that its proposed Earned Value Management
System (EVMS) complies with the EVMS guidelines in the American National Standards
Institute (ANSI)/Electronic Industries Alliance (EIA)-748 Standard, Earned Value Management
Systems (current version at time of solicitation).
(b) If the offeror proposes to use a system that currently does not meet the requirements of
paragraph (a) of this provision, the offeror shall submit its comprehensive plan for compliance with
the EVMS guidelines to the Government for approval.
(1) The plan shall—
(i) Describe the EVMS the offeror intends to use in performance of the
contract;
(ii) Distinguish between the offeror's existing management system and
modifications
(iii) Provide a matrix that correlates each guideline in ANSI/EIA 748 (current
version at time of solicitation) to the corresponding process in the offeror’s written management
procedures;
(iv) Describe the proposed procedure for application of the EVMS
requirements to subcontractors;
(v) Describe how the offeror will ensure EVMS compliance for each
subcontractor subject to the flowdown requirement in paragraph (c) whose EVMS has not been
recognized by the Cognizant Federal Agency as compliant according to paragraph (a);
(vi) Provide documentation describing the process and results, including
Government participation, of any third-party or self-evaluation of the system’s compliance with the
EVMS guidelines; and
(vii) If the value of the offeror’s proposal, including options, is $50 million or
more, provide a schedule of events leading up to formal validation and Government acceptance of the
Contractor’s EVMS. Guidance can be found in the] Department of Defense Earned Value
Management Implementation Guide (https://acc.dau.mil/adl/enUS/737198/file/81212/EVMIG_Oct2006.pdf ) as well as in the National Defense Industrial
Association (NDIA) Earned Value Management Systems Acceptance Guide
(http://www.ndia.org/Divisions/Divisions/IPMD/Documents/ComplementsANSI/EVMS_Accept
_Guide_Approval_Release_November_2006.pdf ).
(2) The offeror shall provide information and assistance as required by the
Contracting Officer to support review of the plan.
(3) The Government will review the offeror’s EVMS implementation plan prior to
contract award.
(c) The offeror shall identify in its offer the major subcontractors, or major subcontracted
effort if major subcontractors have not been selected, planned for application of the EVMS
requirement. Prior to contract award, the offeror and NASA shall agree on the subcontractors, or
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subcontracted effort, subject to the EVMS requirement.
(d) The offeror shall incorporate its compliance evaluation factors for subcontractors into the
plan required by paragraph (b) of this provision.
(End of provision)
See PCD 15-05 for clause deviation to 1852.234-2.
1852.234-2 Earned Value Management System.
As prescribed in 1834.203-70(b) insert the following clause:
EARNED VALUE MANAGEMENT SYSTEM
(APR 2015)
(a) In the performance of this contract, the Contractor shall use-(1) An Earned Value Management System (EVMS) that has been determined by
the Cognizant Federal Agency to be compliant with the EVMS guidelines specified in the
American National Standards Institute (ANSI)/Electronic Industries Alliance (EIA) – 748
Standard, Industry Guidelines for Earned Value Management Systems (current version at the
time of award) to manage this contract; and
(2) Earned Value Management (EVM) procedures that provide for generation of
timely, accurate, reliable, and traceable information for the Contract Performance Report (CPR)
and the Integrated Master Schedule (IMS) required by the data requirements descriptions in the
contract.
(b) If, at the time of award, the Contractor’s EVMS has not been determined by the
Cognizant Federal Agency to be compliant with the EVMS guidelines, or the Contractor does
not have an existing EVMS that is compliant with the guidelines in the ANSI/EIA-748 Standard
(current version at the time of award), the Contractor shall apply the system to the contract and
shall take timely action to implement its plan to obtain compliance/validation. The Contractor
shall follow and implement the approved compliance/validation plan in a timely fashion. The
Government will conduct a Compliance Review to assess the contactor’s compliance with its
plan, and if the Contractor does not follow the approved implementation schedule or correct all
resulting system deficiencies identified as a result of the compliance review within a reasonable
time, the Contracting Officer may take remedial action, that may include, but is not limited to, a
reduction in fee.
(c) The Government will conduct Integrated Baseline Reviews (IBRs). Such reviews
shall be scheduled and conducted as early as practicable, and if a pre-award IBR has not been
conducted, a post-award IBR should be conducted within 180 calendar days after contract award,
or the exercise of significant contract options, or within 60 calendar days after distribution of a
supplemental agreement that implements a significant funding realignment or effects a
significant change in contractual requirements (e.g., incorporation of major modifications). The
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objective of IBRs is for the Government and the Contractor to jointly assess the Contractor’s
baseline to be used for performance measurement to ensure complete coverage of the statement
of work, logical scheduling of the work activities, adequate resourcing, and identification of
inherent risks. See the NASA IBR Handbook (http://evm.nasa.gov/handbooks.html) for
guidance.
(d) Unless a waiver is granted by the Cognizant Federal Agency, Contractor proposed
EVMS changes require approval of the Cognizant Federal Agency prior to implementation. The
Cognizant Federal Agency shall advise the Contractor of the acceptability of such changes
within 30 calendar days after receipt of the notice of proposed changes from the Contractor. If
the advance approval requirements are waived by the Cognizant Federal Agency, the Contractor
shall disclose EVMS changes to the Cognizant Federal Agency at least 14 calendar days prior to
the effective date of implementation.
(e) The Contractor agrees to provide access to all pertinent records and data requested by
the Contracting Officer or a duly authorized representative. Access is to permit Government
surveillance to ensure that the Contractor’s EVMS complies, and continues to comply, with the
EVMS guidelines referenced in paragraph (a) of this clause, and to demonstrate—
(1) Proper implementation of the procedures generating the cost and schedule
information being used to satisfy the contract data requirements;
(2) Continuing application of the accepted company procedures in satisfying the
CPR required by the contract through recurring program/project and contract surveillance; and
(3) Implementation of any corrective actions identified during the surveillance
process.
(f) The Contractor shall be responsible for ensuring that its subcontractors, identified
below, comply with the EVMS requirements of this clause as follows:
(1) For subcontracts with an estimated dollar value of $50M or more, the
following subcontractors shall comply with the requirements of this clause.
(Contracting Officer to insert names of subcontractors or subcontracted effort).
(2) For subcontracts with an estimated dollar value of less than $50M, the
following subcontractors shall comply with the requirements of this clause except for the
requirement in paragraph (b), if applicable, to obtain compliance/validation.
(Contracting Officer to insert names of subcontractors or subcontracted effort.)
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(g) If the contractor identifies a need to deviate from the agreed baseline by working
against an Over Target Baseline (OTB) or Over Target Schedule (OTS), the contractor shall
submit to the Contracting Officer a request for approval to begin implementation of an OTB or
OTS. This request shall include a top-level projection of cost and/or schedule growth, whether
or not performance variances will be retained, and a schedule of implementation for the
reprogramming adjustment. The Government will approve or deny the request within 30
calendar days after receipt of the request. Failure of the Government to respond within this 30day period constitutes approval of the request. Approval of the deviation request does not
constitute a change, or the basis for a change, to the negotiated cost or price of this contract, or
the estimated cost of any undefinitized contract actions.
(End of clause)
(ALTERNATE I)
(NOV 2006)
As prescribed in 1834.203-70(b), substitute the following paragraph (b) for paragraph (b) of the
basic clause:
(b) If, at the time of award, the Contractor’s EVMS has not been determined by the
Cognizant Federal Agency to be compliant with the EVMS guidelines, or the Contractor does
not have an existing cost/schedule control system that is compliant with the guidelines in the
ANSI/EIA-748 Standard (current version at the time of ward), the Contractor shall apply the
system to the contract and shall take timely action to implement its plan to be compliant with the
guidelines. The Government will not formally validate/accept the Contractor’s EVMS with
respect to this contract. The use of the Contractor’s EVMS for this contract does not imply
Government acceptance of the Contractor’s EVMS for application to future contracts. The
Government will monitor compliance through routine surveillance.
1852.235-70 Center for AeroSpace Information.
As prescribed in 1835.070(a), insert the following clause:
CENTER FOR AEROSPACE INFORMATION
(DEC 2006)
(a) The Contractor should register with and avail itself of the services provided by the
NASA
Center for AeroSpace Information (CASI) (http://www.sti.nasa.gov) for the conduct of research
or research and development required under this contract. CASI provides a variety of services
and products as a NASA repository and database of research information, which may enhance
contract performance.
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(b) Should the CASI information or service requested by the Contractor be unavailable
or not in the exact form necessary by the Contractor, neither CASI nor NASA is obligated to
search for or change the format of the information. A failure to furnish information shall not
entitle the Contractor to an equitable adjustment under the terms and conditions of this contract.
(c) Information regarding CASI and the services available can be obtained at the Internet
address contained in paragraph (a) of this clause.
(End of clause)
1852.235-71 Key Personnel and Facilities.
As prescribed in 1835.070(b), insert the following clause:
KEY PERSONNEL AND FACILITIES
(MAR 1989)
(a) The personnel and/or facilities listed below (or specified in the contract Schedule) are
considered essential to the work being performed under this contract. Before removing,
replacing, or diverting any of the listed or specified personnel or facilities, the Contractor shall—
(1) Notify the Contracting Officer reasonably in advance; and
(2) Submit justification (including proposed substitutions) in sufficient detail to
permit evaluation of the impact on this contract.
(b) The Contractor shall make no diversion without the Contracting Officer's written
consent; provided, that the Contracting Officer may ratify in writing the proposed change, and
that ratification shall constitute the Contracting Officer's consent required by this clause.
(c) The list of personnel and/or facilities (shown below or as specified in the contract
Schedule) may, with the consent of the contracting parties, be amended from time to time during
the course of the contract to add or delete personnel and/or facilities.
[List here the personnel and/or facilities considered essential, unless they are specified in
the contract Schedule.]
(End of clause)
1852.235-72 Instructions for Responding to NASA Research Announcements.
As prescribed in 1835.070(c), insert the following provision:
INSTRUCTIONS FOR RESPONDING TO NASA RESEARCH ANNOUNCEMENTS
(JUL 2016)
(a) General.
(1) Proposals received in response to a NASA Research Announcement (NRA)
will be used only for evaluation purposes. NASA does not allow a proposal, the contents of which
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are not available without restriction from another source, or any unique ideas submitted in response
to an NRA to be used as the basis of a solicitation or in negotiation with other organizations, nor is
a pre-award synopsis published for individual proposals.
(2) A solicited proposal that results in a NASA award becomes part of the record
of that transaction and may be available to the public on specific request; however, information or
material that NASA and the awardee mutually agree to be of a privileged nature will be held in
confidence to the extent permitted by law, including the Freedom of Information Act.
(3) NRAs contain programmatic information and certain requirements which apply
only to proposals prepared in response to that particular announcement. These instructions contain
the general proposal preparation information which applies to responses to all NRAs.
(4) A contract, grant, cooperative agreement, or other agreement may be used to
accomplish an effort funded in response to an NRA. NASA will determine the appropriate award
instrument. Contracts resulting from NRAs are subject to the Federal Acquisition Regulation and
the NASA FAR Supplement. A grant, cooperative agreement, or other agreement resulting from
NRAs are subject to policies and procedures outlined in the Guidebook for Proposers Responding
to a NASA Funding Announcement, 2 CFR part 1800, 14 CFR part 1274, or other agreement
policy. Any proposal from a large business concern that may result in the award of a contract,
which exceeds $5,000,000 and has subcontracting possibilities should include a small business
subcontracting plan in accordance with the clause at FAR 52.219-9, Small Business
Subcontracting Plan. (Subcontract plans for contract awards below $5,000,000, will be
negotiated after selection.)
(5) NASA does not have mandatory forms or formats for responses to NRAs;
however, it is requested that proposals conform to the guidelines in these instructions. NASA may
accept proposals without discussion; hence, proposals should initially be as complete as possible
and be submitted on the proposers' most favorable terms.
(6) To be considered for award, a submission must, at a minimum, present a
specific project within the areas delineated by the NRA; contain sufficient technical and cost
information to permit a meaningful evaluation; be signed by an official authorized to legally bind
the submitting organization; not merely offer to perform standard services or to just provide
computer facilities or services; and not significantly duplicate a more specific current or pending
NASA solicitation.
(b) NRA-Specific Items. Several proposal submission items appear in the NRA itself: the
unique NRA identifier; when to submit proposals; where to send proposals; number of copies
required; and sources for more information. Items included in these instructions may be
supplemented by the NRA.
(c) The following information is needed to permit consideration in an objective manner.
NRAs will generally specify topics for which additional information or greater detail is desirable.
Each proposal copy shall contain all submitted material, including a copy of the transmittal letter if
it contains substantive information.
(1) Transmittal Letter or Prefatory Material.
(i) The legal name and address of the organization and specific division or
campus identification if part of a larger organization;
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(ii) A brief, scientifically valid project title intelligible to a scientifically
literate reader and suitable for use in the public press;
(iii) Type of organization: e.g., profit, nonprofit, educational, small
business, minority, women-owned, etc.
(iv) Name and telephone number of the principal investigator and business
personnel who may be contacted during evaluation or negotiation;
(v) Identification of other organizations that are currently evaluating a
proposal for the same efforts;
(vi) Identification of the NRA, by number and title, to which the proposal is
responding;
(vii) Dollar amount requested, desired starting date, and duration of project;
(viii) Date of submission; and
(ix) Signature of a responsible official or authorized representative of the
organization, or any other person authorized to legally bind the organization (unless the signature
appears on the proposal itself).
(2) Restriction on Use and Disclosure of Proposal Information. Information contained in proposals is used for evaluation purposes only. Offerors or quoters should, in order to
maximize protection of trade secrets or other information that is confidential or privileged, place
the following notice on the title page of the proposal and specify the information subject to the
notice by inserting an appropriate identification in the notice. In any event, information contained
in proposals will be protected to the extent permitted by law, but NASA assumes no liability for
use and disclosure of information not made subject to the notice.
Notice - Restriction on Use and Disclosure of Proposal Information
The information (data) contained in [insert page numbers or other identification] of this
proposal constitutes a trade secret and/or information that is commercial or financial and
confidential or privileged. It is furnished to the Government in confidence with the understanding
that it will not, without permission of the offeror, be used or disclosed other than for evaluation
purposes; provided, however, that in the event a contract (or other agreement) is awarded on the
basis of this proposal the Government shall have the right to use and disclose this information
(data) to the extent provided in the contract (or other agreement). This restriction does not limit the
Government's right to use or disclose this information (data) if obtained from another source
without restriction.
(3) Abstract. Include a concise (200-300 word if not otherwise specified in the
NRA) abstract describing the objective and the method of approach.
(4) Project Description.
(i) The main body of the proposal shall be a detailed statement of the work
to be undertaken and should include objectives and expected significance; relation to the present
state of knowledge; and relation to previous work done on the project and to related work in
progress elsewhere. The statement should outline the plan of work, including the broad design of
experiments to be undertaken and a description of experimental methods and procedures. The
project description should address the evaluation factors in these instructions and any specific
factors in the NRA. Any substantial collaboration with individuals not referred to in the budget or
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use of consultants should be described. Subcontracting significant portions of a research project is
discouraged.
(ii) When it is expected that the effort will require more than one year, the
proposal should cover the complete project to the extent that it can be reasonably anticipated.
Principal emphasis should be on the first year of work, and the description should distinguish
clearly between the first year's work and work planned for subsequent years.
(5) Management Approach. For large or complex efforts involving interactions
among numerous individuals or other organizations, plans for distribution of responsibilities and
arrangements for ensuring a coordinated effort should be described.
(6) Personnel. The principal investigator is responsible for supervision of the work
and participates in the conduct of the research regardless of whether or not compensated under the
award. A short biographical sketch of the principal investigator, a list of principal publications and
any exceptional qualifications should be included. Omit social security number and other personal
items which do not merit consideration in evaluation of the proposal. Give similar biographical
information on other senior professional personnel who will be directly associated with the project.
Give the names and titles of any other scientists and technical personnel associated substantially
with the project in an advisory capacity. Universities should list the approximate number of
students or other assistants, together with information as to their level of academic attainment.
Any special industry-university cooperative arrangements should be described.
(7) Facilities and Equipment.
(i) Describe available facilities and major items of equipment especially
adapted or suited to the proposed project, and any additional major equipment that will be required.
Identify any Government-owned facilities, industrial plant equipment, or special tooling that are
proposed for use. Include evidence of its availability and the cognizant Government points of
contact.
(ii) Before requesting a major item of capital equipment, the proposer
should determine if sharing or loan of equipment already within the organization is a feasible
alternative. Where such arrangements cannot be made, the proposal should so state. The need for
items that typically can be used for research and non-research purposes should be explained.
(8) Proposed Costs (U.S. Proposals Only).
(i) Proposals should contain cost and technical parts in one volume: do not
use separate "confidential" salary pages. As applicable, include separate cost estimates for salaries
and wages; fringe benefits; equipment; expendable materials and supplies; services; domestic and
foreign travel; ADP expenses; publication or page charges; consultants; subcontracts; other
miscellaneous identifiable direct costs; and indirect costs. List salaries and wages in appropriate
organizational categories (e.g., principal investigator, other scientific and engineering
professionals, graduate students, research assistants, and technicians and other non-professional
personnel). Estimate all staffing data in terms of staff-months or fractions of full-time.
(ii) Explanatory notes should accompany the cost proposal to provide
identification and estimated cost of major capital equipment items to be acquired; purpose and
estimated number and lengths of trips planned; basis for indirect cost computation (including date
of most recent negotiation and cognizant agency); and clarification of other items in the cost
proposal that are not self-evident. List estimated expenses as yearly requirements by major work
phases.
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(iii) Allowable costs are governed by FAR Part 31 and the NASA FAR
Supplement Part 1831.
(iv) Use of NASA funds--NASA funding may not be used for foreign
research efforts at any level, whether as a collaborator or a subcontract. The direct purchase of
supplies and/or services, which do not constitute research, from non-U.S. sources by U.S. award
recipients is permitted. Additionally, in accordance with the National Space Transportation
Policy, use of a non-U.S. manufactured launch vehicle is permitted only on a no-exchange-offunds basis.
(9) Security. Proposals should not contain security classified material. If the
research requires access to or may generate security classified information, the submitter will be
required to comply with Government security regulations.
(10) Current Support. For other current projects being conducted by the principal
investigator, provide title of project, sponsoring agency, and ending date.
(11) Special Matters.
(i) Include any required statements of environmental impact of the
research, human subject or animal care provisions, conflict of interest, or on such other topics as
may be required by the nature of the effort and current statutes, executive orders, or other current
Government-wide guidelines.
(ii) Identify and discuss risk factors and issues throughout the proposal
where they are relevant, and your approach to managing these risks.
(iii) Proposers should include a brief description of the organization, its
facilities, and previous work experience in the field of the proposal. Identify the cognizant
Government audit agency, inspection agency, and administrative contracting officer, when
applicable.
(d) Renewal Proposals.
(1) Renewal proposals for existing awards will be considered in the same manner
as proposals for new endeavors. A renewal proposal should not repeat all of the information that
was in the original proposal. The renewal proposal should refer to its predecessor, update the parts
that are no longer current, and indicate what elements of the research are expected to be covered
during the period for which support is desired. A description of any significant findings since the
most recent progress report should be included. The renewal proposal should treat, in reasonable
detail, the plans for the next period, contain a cost estimate, and otherwise adhere to these
instructions.
(2) NASA may renew an effort either through amendment of an existing contract
or by a new award.
(e) Length. Unless otherwise specified in the NRA, effort should be made to keep
proposals as brief as possible, concentrating on substantive material. Few proposals need exceed
15-20 pages. Necessary detailed information, such as reprints, should be included as attachments.
A complete set of attachments is necessary for each copy of the proposal. As proposals are not
returned, avoid use of "one-of-a-kind" attachments.
(f) Joint Proposals.
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(1) Where multiple organizations are involved, the proposal may be submitted by
only one of them. It should clearly describe the role to be played by the other organizations and
indicate the legal and managerial arrangements contemplated. In other instances, simultaneous
submission of related proposals from each organization might be appropriate, in which case
parallel awards would be made.
(2) Where a project of a cooperative nature with NASA is contemplated, describe
the contributions expected from any participating NASA investigator and agency facilities or
equipment which may be required. The proposal must be confined only to that which the
proposing organization can commit itself. "Joint" proposals which specify the internal
arrangements NASA will actually make are not acceptable as a means of establishing an agency
commitment.
(g) Late Proposals. Proposals or proposal modifications received 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.
(h) Withdrawal. Proposals may be withdrawn by the proposer at any time before award.
Offerors are requested to notify NASA if the proposal is funded by another organization or of other
changed circumstances which dictate termination of evaluation.
(i) Evaluation Factors.
(1) Unless otherwise specified in the NRA, the principal elements (of
approximately equal weight) considered in evaluating a proposal are its relevance to NASA's
objectives, intrinsic merit, and cost.
(2) Evaluation of a proposal's relevance to NASA's objectives includes the
consideration of the potential contribution of the effort to NASA's mission.
(3) Evaluation of its intrinsic merit includes the consideration of the following
factors of equal importance:
(i) Overall scientific or technical merit of the proposal or unique and
innovative methods, approaches, or concepts demonstrated by the proposal.
(ii) Offeror's capabilities, related experience, facilities, techniques, or
unique combinations of these which are integral factors for achieving the proposal objectives.
(iii) The qualifications, capabilities, and experience of the proposed
principal investigator, team leader, or key personnel critical in achieving the proposal objectives.
(iv) Overall standing among similar proposals and/or evaluation against the
state-of-the-art.
(4) Evaluation of the cost of a proposed effort may include the realism and
reasonableness of the proposed cost and available funds.
(j) Evaluation Techniques. Selection decisions will be made following peer and/or
scientific review of the proposals. Several evaluation techniques are regularly used within NASA.
In all cases proposals are subject to scientific review by discipline specialists in the area of the
proposal. Some proposals are reviewed entirely in-house, others are evaluated by a combination of
in-house and selected external reviewers, while yet others are subject to the full external peer
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review technique (with due regard for conflict-of-interest and protection of proposal information),
such as by mail or through assembled panels. The final decisions are made by a NASA selecting
official. A proposal which is scientifically and programmatically meritorious, but not selected for
award during its initial review, may be included in subsequent reviews unless the proposer requests
otherwise.
(k) Selection for Award.
(1) When a proposal is not selected for award, the proposer will be notified.
NASA will explain generally why the proposal was not selected. Proposers desiring additional
information may contact the selecting official who will arrange a debriefing.
(2) When a proposal is selected for award, negotiation and award will be handled
by the procurement office in the funding installation. The proposal is used as the basis for
negotiation. The contracting officer may request certain business data and may forward a model
award instrument and other information pertinent to negotiation.
(l) Additional Guidelines Applicable to Foreign Proposals and Proposals Including
Foreign Participation.
(1) NASA welcomes proposals from outside the U.S. However, foreign entities
are generally not eligible for funding from NASA. Therefore, unless otherwise noted in the
NRA, proposals from foreign entities should not include a cost plan unless the proposal involves
collaboration with a U.S. institution, in which case a cost plan for only the participation of the
U.S. entity must be included. Proposals from foreign entities and proposals from U.S. entities
that include foreign participation must be endorsed by the respective government agency or
funding/sponsoring institution in the country from which the foreign entity is proposing. Such
endorsement should indicate that the proposal merits careful consideration by NASA, and if the
proposal is selected, sufficient funds will be made available to undertake the activity as
proposed.
(2) All foreign proposals must be typewritten in English and comply with
all other submission requirements stated in the NRA. All foreign proposals will undergo the
same evaluation and selection process as those originating in the U.S. All proposals must be
received before the established closing date. Those received after the closing date will be treated
in accordance with paragraph (g) of this provision. Sponsoring foreign government agencies or
funding institutions may, in exceptional situations, forward a proposal without endorsement if
endorsement is not possible before the announced closing date. In such cases, the NASA
sponsoring office should be advised when a decision on endorsement can be expected.
(3) Successful and unsuccessful foreign entities will be contacted directly by the
NASA sponsoring office. Copies of these letters will be sent to the foreign sponsor. Should a
foreign proposal or a U.S. proposal with foreign participation be selected, NASA's Office of
External Relations will arrange with the foreign sponsor for the proposed participation on a noexchange-of-funds basis, in which NASA and the non-U.S. sponsoring agency or funding
institution will each bear the cost of discharging their respective responsibilities.
(4) Depending on the nature and extent of the proposed cooperation, these
arrangements may entail:
(i) An exchange of letters between NASA and the foreign sponsor; or
(ii) A formal Agency-to-Agency Memorandum of Understanding (MOU).
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(m) Cancellation of NRA. NASA reserves the right to make no awards under this NRA
and to cancel this NRA. NASA assumes no liability for canceling the NRA or for anyone's failure
to receive actual notice of cancellation.
(End of provision)
1852.235-73 Final Scientific and Technical Reports.
As prescribed in 1835.070(d) insert the following clause:
FINAL SCIENTIFIC AND TECHNICAL REPORTS
(DEC 2006)
(a) The Contractor shall submit to the Contracting Officer a final report that summarizes
the results of the entire contract, including recommendations and conclusions based on the
experience and results obtained. The final report should include tables, graphs, diagrams, curves,
sketches, photographs, and drawings in sufficient detail to explain comprehensively the results
achieved under the contract.
(b) The final report shall be of a quality suitable for publication and shall follow the
formatting and stylistic guidelines contained in NPR 2200.2, Requirements for Documentation,
Approval, and Dissemination of NASA Scientific and Technical Information. Electronic formats
for submission of reports should be used to the maximum extent practical. Before electronically
submitting reports containing scientific and technical information (STI) that is export-controlled
or limited or restricted, contact the Contracting Officer to determine the requirements to
electronically transmit these forms of STI. If appropriate electronic safeguards are not available
at the time of submission, a paper copy or a CD-ROM of the report shall be required.
Information regarding appropriate electronic formats for final reports is available at
http://www.sti.nasa.gov under “Publish STI – Electronic File Formats.”
(c) The last page of the final report shall be a completed Standard Form (SF) 298, Report
Documentation Page.
(d) In addition to the final report submitted to the Contracting Officer, the Contractor shall
concurrently provide to the Center STI/Publication Manager and the NASA Center for
AeroSpace Information (CASI) a copy of the letter transmitting the final report to the
Contracting Officer. The copy of the letter shall be submitted to CASI at the address listed at
http://www.sti.nasa.gov under the “Get Help” link.
(e) In accordance with paragraph (d) of the Rights in Data --General clause (52.227-14)
of this contract, the Contractor may publish, or otherwise disseminate, data produced during the
performance of this contract, including data contained in the final report, and any additional
reports required by 1852.235-74 when included in the contract, without prior review by NASA.
The Contractor is responsible for reviewing publication or dissemination of the data for
conformance with laws and regulations governing its distribution, including intellectual property
rights, export control, national security and other requirements, and to the extent the contractor
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receives or is given access to data necessary for the performance of the contract which contain
restrictive markings, for complying with such restrictive markings. Should the Contractor seek
to publish or otherwise disseminate the final report, or any additional reports required by
1852.235-74 if applicable, as delivered to NASA under this contract, the Contractor may do so
once NASA has completed its document availability authorization review, and availability of the
report has been determined.
(End of clause)
ALTERNATE I
(FEB 2003)
As prescribed by 1835.070(d)(1), insert the following as paragraph (e) of the basic clause:
(e) The data resulting from this research activity is “fundamental research” which will be
broadly shared within the scientific community. No foreign national access or dissemination
restrictions apply to this research activity. The Contractor may publish, release, or otherwise
disseminate data produced during the performance of this contract, including the final report,
without prior review by NASA for export control or national security purposes. However,
NASA retains the right to review the final report to ensure that proprietary information, which
may have been provided to the Contractor, is not released without authorization and for
consistency with NASA publication standards. Additionally, the Contractor is responsible for
reviewing any publication, release, or dissemination of the data for conformance with other
restrictions expressly set forth in this contract, and to the extent it receives or is given access to
data necessary for the performance of the contract which contain restrictive markings, for
compliance with such restrictive markings.
ALTERNATE II
(DEC 2005)
As prescribed by 1835.070(d)(2), insert the following as paragraph (e) of the basic clause:
(e) Data resulting from this research activity may be subject to export control, national
security restrictions or other restrictions designated by NASA; or, to the extent the Contractor
receives or is given access to data necessary for the performance of the contract which contain
restrictive markings, may include proprietary information of others. Therefore, the Contractor
shall not publish, release, or otherwise disseminate, except to NASA, data produced during the
performance of this contract, including data contained in the final report and any additional
reports required by 1852.235-74 when included in the contract, without prior review by NASA.
Should the Contractor seek to publish, release, or otherwise disseminate data produced during
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the performance of this contract, the Contractor may do so once NASA has completed its
document availability authorization review and the availability of the data has been determined.
(f) All publications of any material based on or developed under NASA sponsored
projects shall include an acknowledgement similar to the following:
“The material is based upon work supported by the National Aeronautics and Space
Administration under Contract Number XXXX.”
Except for articles or papers published in scientific, technical or professional journals, the
exposition of results from NASA supported research shall also include the following disclaimer:
"Any opinions, findings, and conclusions or recommendations expressed in this material are
those of the author(s) and do not necessarily reflect the views of the National Aeronautics and
Space Administration."
ALTERNATE III
(JAN 2005)
As prescribed by 1835.070(d)(3), insert the following as paragraph (e) of the basic clause:
(e) The Contractor’s rights in data are defined in FAR 52.227-20, Rights In Data – SBIR
Program. The Contractor may publish, or otherwise disseminate, such data without prior review
by NASA. The Contractor is responsible for reviewing publication or dissemination of the data
for conformance with laws and regulations governing its distribution, including intellectual
property rights, export control, national security and other requirements, and to the extent the
Contractor receives or is given access to data necessary for the performance of the contract
which contain restrictive markings, for complying with such restrictive markings. In the event
the Contractor has established its claim to copyright data produced under this contract and has
affixed a copyright notice and acknowledgement of Government sponsorship, or has affixed the
SBIR Rights Notice contained in paragraph (d) of FAR 52.227-20, the Government shall comply
with such Notices.
1852.235-74 Additional Reports of Work -- Research and Development.
As prescribed in 1835.070(e), insert a clause substantially the same as the following:
ADDITIONAL REPORTS OF WORK -- RESEARCH AND DEVELOPMENT
(FEB 2003)
In addition to the final report required under this contract, the Contractor shall submit the
following report(s) to the Contracting Officer:
(a) Monthly progress reports. The Contractor shall submit separate monthly reports of all
work accomplished during each month of contract performance. Reports shall be in narrative
form, brief, and informal. They shall include a quantitative description of progress, an indication
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of any current problems that may impede performance, proposed corrective action, and a
discussion of the work to be performed during the next monthly reporting period
(b) Quarterly progress reports. The Contractor shall submit separate quarterly reports of
all work accomplished during each three-month period of contract performance. In addition to
factual data, these reports should include a separate analysis section interpreting the results
obtained, recommending further action, and relating occurrences to the ultimate objectives of the
contract. Sufficient diagrams, sketches, curves, photographs, and drawings should be included to
convey the intended meaning.
(c) Submission dates. Monthly and quarterly reports shall be submitted by the 15th day
of the month following the month or quarter being reported. If the contract is awarded beyond
the middle of a month, the first monthly report shall cover the period from award until the end of
the following month. No monthly report need be submitted for the third month of contract effort
for which a quarterly report is required. No quarterly report need be submitted for the final three
months of contract effort since that period will be covered in the final report. The final report
shall be submitted within ____days after the completion of the effort under the contract.
(End of clause)
1852.236-71 Additive or Deductive Items.
As prescribed in 1836.570(a), insert the following provision:
ADDITIVE OR DEDUCTIVE ITEMS
(MAR 1989)
(a) The low bidder for purposes of award shall be the conforming responsible bidder
offering the low aggregate amount for the first or base bid item, plus or minus (in order of
priority listed in the Schedule) those additive or deductive bid items providing the most features
of the work within the funds determined by the Government to be available before bids are
opened. If addition of another bid item in the listed order of priority would make the award
exceed those funds for all bidders, it shall be skipped and the next subsequent additive bid item
in a lower amount shall be added for each bid if award on it can be made within the funds.
(b) An example for one bid is an amount available of $100,000, a bidder's base bid of
$85,000, and four successive additives of $10,000, $8,000, $6,000, and $4,000. In this example,
the aggregate amount of the bid for purposes of award would be $99,000 for the base bid plus the
first and fourth additives, the second and third additives being skipped because either of them
would cause the aggregate bid to exceed $100,000.
(c) All bids shall be evaluated on the basis of the same additive or deductive bid items.
The listed order of priority must be followed only for determining the low bidder. After
determination of the low bidder, award in the best interests of the Government may be made to
that bidder on its base bid and any combination of its additive or deductive bid items for which
funds are determined to be available at the time of the award, provided that award of the
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combination of bid items does not exceed the amount offered by any other conforming
responsible bidder for the same combination of bid items.
(End of provision)
1852.236-72 Bids with Unit Prices.
As prescribed in 1836.570(b), insert the following provision:
BIDS WITH UNIT PRICES
(MAR 1989)
(a) All extensions of the unit prices bid will be subject to verification by the
Government. If there is variation between the unit price and any extended amounts, the unit
price will be considered to be the bid.
(b) If a modification to a bid based on unit prices that provides for a lump-sum
adjustment to the total estimated cost is submitted, the application of the lump sum adjustment to
each unit price in the bid must be stated. If it is not stated, the lump-sum adjustment shall be
applied on a pro rata basis to every unit price in the bid.
(End of provision)
1852.236-73 Hurricane Plan.
As prescribed in 1836.570(c), insert the following clause:
HURRICANE PLAN
(DEC 1988)
In the event of a hurricane warning, the Contractor shall–
(a) Inspect the area and place all materials possible in a protected location;
(b) Tie down, or identify and store, all outside equipment and materials;
(c) Clear all surrounding areas and roofs of buildings, or tie down loose material,
equipment, debris, and any other objects that could otherwise be blown away or blown against
existing buildings; and
(d) Ensure that temporary erosion controls are adequate.
(End of clause)
1852.236-74 Magnitude of Requirement.
As prescribed in 1836.570(d), insert the following provision:
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MAGNITUDE OF REQUIREMENT
(DEC 1988)
The Government estimated price range of this project is between $
the estimated dollar range.]
and $
. [Insert
(End of provision)
1852.236-75 Partnering for Construction Contracts.
As prescribed in 1836.7004, insert the following clause:
PARTNERING FOR CONSTRUCTION CONTRACTS
(AUG 1998)
(a) The terms “partnering” and “partnership” used herein shall mean a relationship of
open communication and close cooperation that involves both Government and Contractor
personnel working together for the purpose of establishing a mutually beneficial, proactive,
cooperative environment within which to achieve contract objectives and resolve issues and
implementing actions as required.
(b) Partnering will be a voluntary commitment mutually agreed upon by at least NASA
and the prime contractor, and preferably the subcontractors and the A&E design contractor, if
applicable. Sustained commitment to the process is essential to assure success of the
relationship.
(c) NASA intends to facilitate contract management by encouraging the foundation of a
cohesive partnership with the Contractor, its subcontractors, the A&E design contractor, and
NASA’s contract management staff. This partnership will be structured to draw on the strengths
of each organization to identify and achieve mutual objectives. The objectives are intended to
complete the contract requirements within budget, on schedule, and in accordance with the plans
and specifications.
(d) To implement the partnership, it is anticipated that within 30 days of the Notice to
Proceed the prime Contractor’s key personnel, its subcontractors, the A&E design contractor,
and NASA personnel will attend a partnership development and team building workshop.
Follow-up team building workshops will be held periodically throughout the duration of the
contract as agreed to by the Government and the Contractor.
(e) Any cost with effectuating the partnership will be agreed to in advance by both
parties and will be shared with no change in the contract price. The contractor’s share of the
costs are not recoverable under any other Government award.
(End of clause)
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1852.237-70 Emergency Evacuation Procedures.
As prescribed at 1837.110-70(a), insert the following clause:
EMERGENCY EVACUATION PROCEDURES
(DEC 1988)
The contractor shall assure that its personnel at Government facilities are familiar with
the functions of the Government's emergency evacuation procedures. If requested by the
Contracting Officer, the Contractor shall designate an individual or individuals as contact points
to provide for efficient and rapid evacuation of the facility if and when required.
(End of clause)
1852.237-71 Pension Portability.
As prescribed at 1837.110-70(b), insert the following clause:
PENSION PORTABILITY
(JAN 1997)
(a) In order for pension costs attributable to employees assigned to this contract to be
allowable costs under this contract, the plans covering such employees must:
(1) Comply with all applicable Government laws and regulations;
(2) Be a defined contribution plan, or a multiparty defined benefit plan operated
under a collective bargaining agreement. In either case, the plan must be portable, i.e., the plan
follows the employee, not the employer;
(3) Provide for 100 percent employee vesting at the earlier of one year of
continuous employee service or contract termination; and
(4) Not be modified, terminated, or a new plan adopted without the prior written
approval of the cognizant NASA Contracting Officer.
(b) The Contractor shall include paragraph (a) of this clause in subcontracts for continuing
services under a service contract if:
(1) The prime contract requires pension portability;
(2) The subcontracted labor dollars (excluding any burdens or profit/fee) exceed
$2,500,000 and ten percent of the total prime contract labor dollars (excluding any burdens or
profit/fee); and
(3) Either of the following conditions exists:
(i) There is a continuing need for the same or similar subcontract services
for a minimum of five years (inclusive of options), and if the subcontractor changes, a high
percentage of the predecessor subcontractor’s employees are expected to remain with the program;
or
(ii) The employees under a predecessor subcontract were covered by a
portable pension plan, a follow-on subcontract or a subcontract consolidating existing services is
awarded, and the total subcontract period covered by the plan covers a minimum of five years
(including both the predecessor and successor subcontracts).
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(End of clause)
1852.237-72 Access to Sensitive Information.
As prescribed in 1837.203-72(a), insert the following clause:
ACCESS TO SENSITIVE INFORMATION
(JUN 2005)
(a) As used in this clause, “sensitive information” refers to information that a contractor
has developed at private expense, or that the Government has generated that qualifies for an
exception to the Freedom of Information Act, which is not currently in the public domain, and
which may embody trade secrets or commercial or financial information, and which may be
sensitive or privileged.
(b) To assist NASA in accomplishing management activities and administrative
functions, the Contractor shall provide the services specified elsewhere in this contract.
(c) If performing this contract entails access to sensitive information, as defined above,
the Contractor agrees to —
(1) Utilize any sensitive information coming into its possession only for the
purposes of performing the services specified in this contract, and not to improve its own
competitive position in another procurement.
(2) Safeguard sensitive information coming into its possession from unauthorized
use and disclosure.
(3) Allow access to sensitive information only to those employees that need it to
perform services under this contract.
(4) Preclude access and disclosure of sensitive information to persons and entities
outside of the Contractor’s organization.
(5) Train employees who may require access to sensitive information about their
obligations to utilize it only to perform the services specified in this contract and to safeguard it
from unauthorized use and disclosure.
(6) Obtain a written affirmation from each employee that he/she has received and
will comply with training on the authorized uses and mandatory protections of sensitive
information needed in performing this contract.
(7) Administer a monitoring process to ensure that employees comply with all
reasonable security procedures, report any breaches to the Contracting Officer, and implement
any necessary corrective actions.
(d) The Contractor will comply with all procedures and obligations specified in its
Organizational Conflicts of Interest Avoidance Plan, which this contract incorporates as a
compliance document.
(e) The nature of the work on this contract may subject the Contractor and its employees
to a variety of laws and regulations relating to ethics, conflicts of interest, corruption, and other
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criminal or civil matters relating to the award and administration of government contracts.
Recognizing that this contract establishes a high standard of accountability and trust, the
Government will carefully review the Contractor’s performance in relation to the mandates and
restrictions found in these laws and regulations. Unauthorized uses or disclosures of sensitive
information may result in termination of this contract for default, or in debarment of the
Contractor for serious misconduct affecting present responsibility as a government contractor.
(f) The Contractor shall include the substance of this clause, including this paragraph (f),
suitably modified to reflect the relationship of the parties, in all subcontracts that may involve
access to sensitive information.
(End of clause)
1852.237-73 Release of Sensitive Information.
As prescribed in 1837.203-72(b), insert the following clause:
RELEASE OF SENSITIVE INFORMATION
(JUN 2005)
(a) As used in this clause, “sensitive information” refers to information, not currently in
the public domain, that the Contractor has developed at private expense, that may embody trade
secrets or commercial or financial information, and that may be sensitive or privileged.
(b) In accomplishing management activities and administrative functions, NASA relies
heavily on the support of various service providers. To support NASA activities and functions,
these service providers, as well as their subcontractors and their individual employees, may need
access to sensitive information submitted by the Contractor under this contract. By submitting
this proposal or performing this contract, the Contractor agrees that NASA may release to its
service providers, their subcontractors, and their individual employees, sensitive information
submitted during the course of this procurement, subject to the enumerated protections mandated
by the clause at 1852.237-72, Access to Sensitive Information.
(c)(1) The Contractor shall identify any sensitive information submitted in support of
this proposal or in performing this contract. For purposes of identifying sensitive information,
the Contractor may, in addition to any other notice or legend otherwise required, use a notice
similar to the following:
Mark the title page with the following legend:
This proposal or document includes sensitive information that NASA shall
not disclose outside the Agency and its service providers that support management activities and
administrative functions. To gain access to this sensitive information, a service provider’s
contract must contain the clause at NFS 1852.237-72, Access to Sensitive Information.
Consistent with this clause, the service provider shall not duplicate, use, or disclose the
information in whole or in part for any purpose other than to perform the services specified in its
contract. This restriction does not limit the Government's right to use this information if it is
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obtained from another source without restriction. The information subject to this restriction is
contained in pages [insert page numbers or other identification of pages].
Mark each page of sensitive information the Contractor wishes to restrict with the
following legend:
Use or disclosure of sensitive information contained on this page is subject
to the restriction on the title page of this proposal or document.
(2) The Contracting Officer shall evaluate the facts supporting any claim that
particular information is “sensitive.” This evaluation shall consider the time and resources
necessary to protect the information in accordance with the detailed safeguards mandated by the
clause at 1852.237-72, Access to Sensitive Information. However, unless the Contracting
Officer decides, with the advice of Center counsel, that reasonable grounds exist to challenge the
Contractor’s claim that particular information is sensitive, NASA and its service providers and
their employees shall comply with all of the safeguards contained in paragraph (d) of this clause.
(d) To receive access to sensitive information needed to assist NASA in accomplishing
management activities and administrative functions, the service provider must be operating under
a contract that contains the clause at 1852.237-72, Access to Sensitive Information. This clause
obligates the service provider to do the following:
(1) Comply with all specified procedures and obligations, including the
Organizational Conflicts of Interest Avoidance Plan, which the contract has incorporated as a
compliance document.
(2) Utilize any sensitive information coming into its possession only for the
purpose of performing the services specified in its contract.
(3) Safeguard sensitive information coming into its possession from unauthorized
use and disclosure.
(4) Allow access to sensitive information only to those employees that need it to
perform services under its contract.
(5) Preclude access and disclosure of sensitive information to persons and entities
outside of the service provider’s organization.
(6) Train employees who may require access to sensitive information about their
obligations to utilize it only to perform the services specified in its contract and to safeguard it
from unauthorized use and disclosure.
(7) Obtain a written affirmation from each employee that he/she has received and
will comply with training on the authorized uses and mandatory protections of sensitive
information needed in performing this contract.
(8) Administer a monitoring process to ensure that employees comply with all
reasonable security procedures, report any breaches to the Contracting Officer, and implement
any necessary corrective actions.
(e) When the service provider will have primary responsibility for operating an
information technology system for NASA that contains sensitive information, the service
provider’s contract shall include the clause at 1852.204-76, Security Requirements for
Unclassified Information Technology Resources. The Security Requirements clause requires the
service provider to implement an Information Technology Security Plan to protect information
processed, stored, or transmitted from unauthorized access, alteration, disclosure, or use. Service
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provider personnel requiring privileged access or limited privileged access to these information
technology systems are subject to screening using the standard National Agency Check (NAC)
forms appropriate to the level of risk for adverse impact to NASA missions. The Contracting
Officer may allow the service provider to conduct its own screening, provided the service
provider employs substantially equivalent screening procedures.
Act.
(f) This clause does not affect NASA's responsibilities under the Freedom of Information
(g) The Contractor shall insert this clause, including this paragraph (g), suitably modified
to reflect the relationship of the parties, in all subcontracts that may require the furnishing of
sensitive information.
(End of clause)
1852.239-70 Alternate Delivery Points.
As prescribed in 1839.107-70(a)(1), insert the following clause:
ALTERNATE DELIVERY POINTS
(NOV 1993)
(a) The first priority of this contract is to satisfy the anticipated requirements of
(identify contracting activity). However, should the actual requirements of
(contracting
activity) be less than the maximum quantities/values specified in Section B of this contract,
(contracting activity) may order the remaining available quantities/values to satisfy the
requirements of other installations. The other installations at which delivery may be required
are:
(List installations and their locations)
(b) The prices of the deliverables in Section B are F.O.B. destination to
(contracting activity). If delivery to an alternate location is ordered, an equitable adjustment may
be negotiated to recognize any variances in transportation costs associated with delivery to that
alternate location.
(End of clause)
ALTERNATE I
(NOV 1993)
As prescribed in 1839.107-70(a)(2), delete paragraph (b) and substitute the following:
(b) The prices of the deliverables in Section B are F.O.B. origin with delivery to NASA
via Government bill of lading (GBL). If delivery to an alternate location is ordered, the same
delivery procedures will be used and no equitable adjustment to any price, term, or condition of
this contract will be made as a result of such order.
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(End of clause)
See PCD 15-03D for further guidance related to NFS Deviation Clauses 1852.239-73 and
1852.239-74.
1852.241-70 Reserved.
1852.242-70 Reserved.
1852.242-71 Travel Outside of the United States.
As prescribed in 1842.7002, insert the following clause:
TRAVEL OUTSIDE OF THE UNITED STATES
(DEC 1988)
(a) The Contracting Officer must authorize in advance and in writing travel to locations
outside of the United States by Contractor employees that is to be charged as a cost to this contract.
This approval may be granted when the travel is necessary to the efforts required under the contract
and it is otherwise in the best interest of NASA.
(b) The Contractor shall submit requests to the Contracting Officer at least 30 days in
advance of the start of the travel.
(c) The Contractor shall submit a travel report at the conclusion of the travel. The
Contracting Officer's approval of the travel will specify the required contents and distribution of
the travel report.
(End of clause)
1852.242-72 Denied Access to NASA Facilities
As prescribed in 1842.7001, insert the following clause:
DENIED ACCESS TO NASA FACILITIES
(OCT 2015)
(a)(1) The performance of this contract requires contractor employees of the prime
contractor or any subcontractor, affiliate, partner, joint venture, or team member with which the
contractor is associated, including consultants engaged by any of these entities, to have access to,
physical entry into, and to the extent authorized, mobility within, a NASA facility.
(2) NASA may close and or deny contractor access to a NASA facility for a
portion of a business day or longer due to any one of the following events:
(i) Federal public holidays for federal employees in accordance with 5
U.S.C. 6103.
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(ii) Fires, floods, earthquakes, unusually severe weather to include snow
storms, tornadoes and hurricanes.
(iii) Occupational safety or health hazards.
(iv) Non-appropriation of funds by Congress.
(v) Any other reason.
(3) In such events, the contractor employees may be denied access to a NASA
facility, in part or in whole, to perform work required by the contract. Contractor personnel
already present at a NASA facility during such events may be required to leave the facility.
(b) In all instances where contractor employees are denied access or required to vacate a
NASA facility, in part or in whole, the contractor shall be responsible to ensure contractor
personnel working under the contract comply. If the circumstances permit, the contracting
officer will provide direction to the contractor, which could include continuing on-site
performance during the NASA facility closure period. In the absence of such direction, the
contractor shall exercise sound judgment to minimize unnecessary contract costs and
performance impacts by, for example, performing required work off-site if possible or
reassigning personnel to other activities if appropriate.
(c) The contractor shall be responsible for monitoring the local radio, television stations,
NASA Web sites, other communications channels, for example contracting officer notification,
that the NASA facility is accessible. Once accessible the contractor shall resume contract
performance as required by the contract.
(d) For the period that NASA facilities were not accessible to contractor employees, the
contracting officer may—
(1) Adjust the contract performance or delivery schedule for a period equivalent
to the period the NASA facility was not accessible;
(2) Forego the work;
(3) Reschedule the work by mutual agreement of the parties; or
(4) Consider properly documented requests for equitable adjustment, claim, or
any other remedy pursuant to the terms and conditions of the contract.
(e) Notification procedures of a NASA facility closure, including contractor denial of
access, as follows:
(1) The contractor shall be responsible for monitoring the local radio, television
stations, NASA Web sites, other communications channels, for example contracting officer
notification, for announcement of a NASA facility closure to include denial of access to the
NASA facility. The contractor shall be responsible for notification of its employees of the
NASA facility closure to include denial of access to the NASA facility. The dismissal of NASA
employees in accordance with statute and regulations providing for such dismissals shall not, in
itself, equate to a NASA facility closure in which contractor employees are denied access.
Moreover, the leave status of NASA employees shall not be conveyed or imputed to contractor
personnel. Accordingly, unless a NASA facility is closed and the contractor is denied access to
the facility, the contractor shall continue performance in accordance with the contract.
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(2) NASA’s Emergency Notification System (ENS). ENS is a NASA-wide
Emergency Notification and Accountability System that provides NASA the ability to send
messages, both Agency-related and/or Center-related, in the event of an emergency or emerging
situation at a NASA facility. Notification is provided via multiple communication devices, e.g.
Email, text, cellular, home / office numbers. The ENS provides the capability to respond to
notifications and provide the safety status. Contractor employees may register for these
notifications at the ENS
Web site: http://www.hq.nasa.gov/office/ops/nasaonly/ENSinformation.html .
(End of clause)
1852.242-73 NASA Contractor Financial Management Reporting.
As prescribed in 1842.7202, insert the following clause:
NASA CONTRACTOR FINANCIAL MANAGEMENT REPORTING
(NOV 2004)
(a) The Contractor shall submit NASA Contractor Financial Management Reports on
NASA Forms 533 in accordance with the instructions in NASA Procedures and Guidelines (NPR)
9501.2, NASA Contractor Financial Management Reporting, and on the reverse side of the forms,
as supplemented in the Schedule of this contract. The detailed reporting categories to be used,
which shall correlate with technical and schedule reporting, shall be set forth in the Schedule.
Contractor implementation of reporting requirements under this clause shall include NASA
approval of the definitions of the content of each reporting category and give due regard to the
Contractor's established financial management information system.
(b) Lower level detail used by the Contractor for its own management purposes to validate
information provided to NASA shall be compatible with NASA requirements.
(c) Reports shall be submitted in the number of copies, at the time, and in the manner set
forth in the Schedule or as designated in writing by the Contracting Officer. Upon completion and
acceptance by NASA of all contract line items, the Contracting Officer may direct the Contractor
to submit Form 533 reports on a quarterly basis only, report only when changes in actual cost
occur, or suspend reporting altogether.
(d) The Contractor shall ensure that its Form 533 reports include accurate subcontractor
cost data, in the proper reporting categories, for the reporting period.
(e) If during the performance of this contract NASA requires a change in the information
or reporting requirements specified in the Schedule, or as provided for in paragraph (a) or (c) of
this clause, the Contracting Officer shall effect that change in accordance with the Changes clause
of this contract.
(End of clause)
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1852.242-78 Emergency Medical Services and Evacuation.
As prescribed in 1842.7003, insert the following clause:
EMERGENCY MEDICAL SERVICES AND EVACUATION
(APR 2001)
The Contractor shall, at its own expense, be responsible for making all arrangements for
emergency medical services and evacuation, if required, for its employees while performing
work under this contract outside the United States or in remote locations in the United States. If
necessary to deal with certain emergencies, the Contractor may request the Government to
provide medical or evacuation services. If the Government provides such services, the
Contractor shall reimburse the Government for the costs incurred.
(End of clause)
1852.243-70 Reserved.
1852.243-71 Reserved.
[PN 18-12]
1852.243-72 Equitable Adjustments.
As prescribed in 1843.205-70, insert the following clause.
EQUITABLE ADJUSTMENTS
(APR 1998)
(a) The provisions of all other clauses contained in this contract which provide for an
equitable adjustment, including those clauses incorporated by reference with the exception of the
“Suspension of Work” clause (FAR 52.242-14), are supplemented as follows:
Upon written request, the Contractor shall submit a proposal for review by the Government. The
proposal shall be submitted to the contracting officer within the time limit indicated in the
request or any extension thereto subsequently granted. The proposal shall provide an itemized
breakdown of all increases and decreases in the contract for the Contractor and each
subcontractor in at least the following detail: material quantities and costs; direct labor hours and
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rates for each trade; the associated FICA, FUTA, SUTA, and Workmen’s Compensation
Insurance; and equipment hours and rates.
(b) The overhead percentage cited below shall be considered to include all indirect costs
including, but not limited to, field and office supervisors and assistants, incidental job burdens,
small tools, and general overhead allocations. “Commission” is defined as profit on work
performed by others. The percentages for overhead, profit, and commission are negotiable
according to the nature, extent, and complexity of the work involved, but in no case shall they
exceed the following ceilings:
To Contractor on work performed by
other than its own forces
To first tier subcontractor on work
performed by its subcontractors
To Contractor and/or subcontractors on
work performed with their own forces
Overhead
(Percent)
--------10 percent
Profit
(Percent)
--------10 percent
Commission
10 percent
10 percent
-----
(c) Not more than four percentages for overhead, profit, and commission shall be
allowed regardless of the number of subcontractor tiers.
(d) The Contractor or subcontractor shall not be allowed overhead or commission on the
overhead, profit, and/or commission received by its subcontractors.
(e) Equitable adjustments for deleted work shall include credits, limited to the same
percentages for overhead, profit, and commission in paragraph (b) of this clause.
(f) On proposals covering both increases and decreases in the amount of the contract, the
application of the overhead, profit, and commission shall be on the net change in direct costs for
the Contractor or the subcontractor performing the work.
(g) After receipt of the Contractor’s proposal, the contracting officer shall act within a
reasonable period, provided that when the necessity to proceed with a change does not permit
time to properly check the proposal, or in the event of a failure to reach an agreement on a
proposal, the contracting officer may order the Contractor to proceed on the basis of the price
being determined at the earliest practicable date. In such a case, the price shall not be more than
the increase or less than the decrease proposed.
(End of clause)
1852.244-70 Geographic Participation in the Aerospace Program.
As prescribed in 1844.204-70, insert the following clause:
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GEOGRAPHIC PARTICIPATION IN THE AEROSPACE PROGRAM
(APR 1985)
(a) It is the policy of the National Aeronautics and Space Administration to advance a
broad participation by all geographic regions in filling the scientific, technical, research and
development, and other needs of the aerospace program.
(b) The Contractor agrees to use its best efforts to solicit subcontract sources on the
broadest feasible geographic basis consistent with efficient contract performance and without
impairment of program effectiveness or increase in program cost.
over.
(c) The Contractor further agrees to insert this clause in all subcontracts of $100,000 and
(End of clause)
1852.245-70 Contractor Requests for Government-furnished Property.
As prescribed in 1845.107-70(a)(1), insert the following clause:
CONTRACTOR REQUESTS FOR GOVERNMENT-FURNISHED PROPERTY
(AUG 2015)
(a) The Contractor shall provide all property required for the performance of this
contract. The Contractor shall not acquire or construct items of property to which the
Government will have title under the provisions of this contract without the Contracting
Officer’s written authorization. Property which will be acquired as a deliverable end item as
material or as a component for incorporation into a deliverable end item is exempt from this
requirement. Property approved as part of the contract award or specifically required within the
statement of work is exempt from this requirement.
(b)(1) In the event the Contractor is unable to provide the property necessary for
performance, and the Contractor requests provision of property by the Government, the
Contractor’s request shall—
(i) Justify the need for the property;
(ii) Provide the reasons why contractor-owned property cannot be used;
(iii) Describe the property in sufficient detail to enable the Government to
screen its inventories for available property or to otherwise acquire property, including
applicable manufacturer, model, part, catalog, National Stock Number or other pertinent
identifiers;
(iv) Combine requests for quantities of items with identical descriptions
and estimated values when the estimated values do not exceed $500,000 per unit; and
(v) Include only a single unit when the acquisition or construction value
equals or exceeds $500,000.
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(2) Contracting Officer authorization is required for items the Contractor intends
to manufacture as well as those it intends to purchase.
(3) The Contractor shall submit requests to the Contracting Officer no less than
30 days in advance of the date the Contractor would, should it receive authorization, acquire or
begin fabrication of the item.
(c) The Contractor shall maintain copies of Contracting Officer authorizations,
appropriately cross-referenced to the individual property record, within its property management
system.
(d) Property furnished from Government excess sources is provided as-is, where-is. The
Government makes no warranty regarding its applicability for performance of the contract or its
ability to operate. Failure of property obtained from Government excess sources under this
clause is insufficient reason for submission of requests for equitable adjustments discussed in the
clause at FAR 52.245–1, Government Property, as incorporated in this contract.
(End of clause)
ALTERNATE I
(AUG 2015)
As prescribed in 1845.107–70(a)(2), add the following paragraph (e).
(e) In the event the Contracting Officer issues written authorization to provide property,
the Contractor shall screen Government sources to determine the availability of property from
Government inventory or excess property.
(1) The Contractor shall review NASA inventories and other authorized Federal
excess sources for availability of items that meet the performance requirements of the requested
property.
(i) If the Contractor determines that a suitable item is available from
NASA supply inventory, it shall request the item using applicable Center procedures.
(ii) If the Contractor determines that an item within NASA or Federal
excess is suitable, it shall contact the Center Industrial Property Officer to arrange for transfer of
the item from the identified source to the Contractor.
(2) If the Contractor determines that the required property is not available from
inventory or excess sources, the Contractor shall note the acquisition file with a list of sources
reviewed and the findings regarding the lack of availability. If the required property is available,
but unsuitable for use, the contractor shall document the rationale for rejection of available
property. The Contractor shall retain appropriate cross-referenced documentary evidence of the
outcome of those screening efforts as part of its property records system.
1852.245–71 Installation-accountable Government Property.
As prescribed in 1845.107–70(b)(1), insert the following clause:
INSTALLATION-ACCOUNTABLE GOVERNMENT PROPERTY
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(a) The Government property described in paragraph (c) of this clause may be made
available to the Contractor on a no-charge basis for use in performance of this contract. This
property shall be utilized only within the physical confines of the NASA installation that
provided the property unless authorized by the Contracting Officer under (b)(1)(iv). Under this
clause, the Government retains accountability for, and title to, the property, and the Contractor
shall comply with the following:
NASA Procedural Requirements (NPR) 4100.1, NASA Materials Inventory
Management Manual.
NASA Procedural Requirements (NPR) 4200.1, NASA Equipment Management
Procedural Requirements.
NASA Procedural Requirement (NPR) 4300.1, NASA Personal Property Disposal
Procedural Requirements: [Insert any additional property management responsibilities].
Property not recorded in NASA property systems must be managed in accordance
with the requirements of the clause at FAR 52.245–1, as incorporated in this contract.
The Contractor shall establish and adhere to a system of written procedures to
assure continued, effective management control and compliance with these user responsibilities.
In accordance with FAR 52.245-1(h)(1) the contractor shall be liable for property lost, damaged,
destroyed or stolen by the contractor or their employees when determined responsible by a
NASA Property Survey Board, in accordance with the NASA guidance in this clause.
(b)(1) The official accountable recordkeeping, financial control, and reporting of the
property subject to this clause shall be retained by the Government and accomplished within
NASA management information systems prescribed by the installation Supply and Equipment
Management Officer (SEMO) and Financial Management Officer. If this contract provides for
the Contractor to acquire property, title to which will vest in the Government, the following
additional procedures apply:
(i) The Contractor’s purchase order shall require the vendor to deliver the
property to the installation central receiving area.
(ii) The Contractor shall furnish a copy of each purchase order, prior to
delivery by the vendor, to the installation central receiving area.
(iii) The Contractor shall establish a record for Government titled
property as required by FAR 52.245-1, as incorporated in this contract, and shall maintain that
record until accountability is accepted by the Government.
(iv) Contractor use of Government property at an off-site location and offsite subcontractor use requires advance approval of the Contracting Officer and notification of
the Industrial Property Officer. The property shall be considered Government furnished and the
Contractor shall assume accountability and financial reporting responsibility. The Contractor
shall establish records and property control procedures and maintain the property in accordance
with the requirements of FAR 52.245–1, Government Property (as incorporated in this contract),
until its return to the installation. NASA Procedural Requirements related to property loans shall
not apply to offsite use of property by contractors.
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(2) After transfer of accountability to the Government, the Contractor shall
continue to maintain such internal records as are necessary to execute the user responsibilities
identified in paragraph (a) of this clause and document the acquisition, billing, and disposition of
the property. These records and supporting documentation shall be made available, upon
request, to the SEMO and any other authorized representatives of the Contracting Officer.
(c) The following property and services are provided if checked:
__(1) Office space, work area space, and utilities. Government telephones are
available for official purposes only.
__(2) Office furniture.
__(3) Property listed in [Insert attachment number or ‘‘not applicable’’ if no
equipment is provided].
(i) If the Contractor acquires property, title to which vests in the
Government pursuant to other provisions of this contract, this property also shall become
accountable to the Government upon its entry into Government records.
(ii) The Contractor shall not bring to the installation for use under this
contract any property owned or leased by the Contractor, or other property that the Contractor is
accountable for under any other Government contract, without the Contracting Officer’s prior
written approval.
__(4) Supplies from stores stock.
__(5) Publications and blank forms stocked by the installation.
__(6) Safety and fire protection for Contractor personnel and facilities.
__(7) Installation service facilities: [Insert the name of the facilities or ‘‘none’’].
__(8) Medical treatment of a first-aid nature for Contractor personnel injuries or
illnesses sustained during on-site duty.
__(9) Cafeteria privileges for Contractor employees during normal operating
hours.
__(10) Building maintenance for facilities occupied by Contractor personnel.
__(11) Moving and hauling for office moves, movement of large equipment, and
delivery of supplies. Moving services may be provided on-site, as approved by the Contracting
Officer.
(End of clause)
[PN 18-11]
ALTERNATE I
(JAN 2011)
As prescribed in 1845.107–70(b)(4), substitute the following for paragraph (b)(1)(i) of the basic
clause:
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(i) The Contractor shall not utilize the installation’s central receiving facility for receipt
of contractor-acquired property. However, the Contractor shall provide listings suitable for
establishing accountable records of all such property received, on a monthly basis, to the SEMO.
1852.245–72 Liability for Government Property Furnished for Repair or Other Services.
As prescribed in 1845.107–70(c), insert the following clause:
LIABILITY FOR GOVERNMENT PROPERTY FURNISHED FOR REPAIR OR OTHER
SERVICES
(JAN 2011)
(a) This clause shall govern with respect to any Government property furnished to the
Contractor for repair or other services that is to be returned to the Government. Such property,
hereinafter referred to as ‘‘Government property furnished for servicing,’’ shall not be subject to
FAR 52.245–1, Government Property.
(b) The official accountable recordkeeping and financial control and reporting of the
property subject to this clause shall be retained by the Government. The Contractor shall
maintain adequate records and procedures to ensure that the Government property furnished for
servicing can be readily accounted for and identified at all times while in its custody or
possession or in the custody or possession of any subcontractor.
(c) The Contractor shall be liable for any loss, damage, or destruction of the Government
property furnished for servicing when caused by the Contractor’s failure to exercise such care
and diligence as a reasonable prudent owner of similar property would exercise under similar
circumstances. The Contractor shall not be liable for loss, damage, or destruction of
Government property furnished for servicing resulting from any other cause except to the extent
that the loss, damage, or destruction is covered by insurance (including self-insurance funds or
reserves).
(d) The Contractor shall hold the Government harmless and shall indemnify the
Government against all claims for injury to persons or damage to property of the Contractor or
others arising from the Contractor’s possession or use of the Government property furnished for
servicing or arising from the presence of that property on the Contractor’s premises or property.
(End of clause)
1852.245–73 Financial Reporting of NASA Property in the Custody of Contractors.
As prescribed in 1845.107–70(d), insert the following clause:
FINANCIAL REPORTING OF NASA PROPERTY IN THE CUSTODY OF CONTRACTORS
(JAN 2017)
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(a) The Contractor shall submit annually a NASA Form (NF) 1018, NASA Property in
the Custody of Contractors, in accordance with this clause, the instructions on the form and NFS
subpart 1845.71, and any supplemental instructions for the current reporting period issued by
NASA.
(b)(1) Subcontractor use of NF 1018 is not required by this clause; however, the
Contractor shall include data on property in the possession of subcontractors in the annual NF
1018.
(2) The Contractor shall mail the original signed NF 1018 directly to the
cognizant NASA Center Industrial Property Officer and a copy to the cognizant NASA Center
Deputy Chief Financial Officer, Finance, unless the Contractor uses the NF 1018 Electronic
Submission System (NESS) for report preparation and submission.
(3) One copy shall be submitted (through the Department of Defense (DOD)
Property Administrator if contract administration has been delegated to DOD) to the following
address: [Insert name and address of appropriate NASA Center office.], unless the Contractor
uses the NF 1018 Electronic Submission System (NESS) for report preparation and submission.
(c)(1) The annual reporting period shall be from October 1 of each year through
September 30 of the following year. The report shall be submitted in time to be received by
October 31st. The information contained in these reports is entered into the NASA accounting
system to reflect current asset values for agency financial statement purposes. Therefore, it is
essential that required reports be received no later than October 31st.
(2) Some activity may be estimated for the month in which the report is
submitted, if necessary, to ensure the NF 1018 is received when due. However, contractors’
procedures must document the process for developing these estimates based on planned activity
such as planned purchases or NASA Form 533 (NF 533) Contractor Financial Management
Report) cost estimates. It should be supported and documented by historical experience or other
corroborating evidence, and be retained in accordance with FAR Subpart 4.7, Contractor
Records Retention. Contractors shall validate the reasonableness of the estimates and associated
methodology by comparing them to the actual activity once that data is available, and adjust
them accordingly. In addition, differences between the estimated cost and actual cost must be
adjusted during the next reporting period. Contractors shall have formal policies and procedures,
which address the validation of NF 1018 data, including data from subcontractors, and the
identification and timely reporting of errors. The objective of this validation is to ensure that
information reported is accurate and in compliance with the NASA FAR Supplement. If errors
are discovered on NF 1018 after submission, the contractor shall contact the cognizant NASA
Center Industrial Property Officer (IPO) within 30 days after discovery of the error to discuss
corrective action.
(3) In addition to an annual report, if at any time during performance of the
contract, NASA-owned property in the custody of the Contractor has a value of $10 million or
more, the Contractor shall also submit a report no later than the 21st of each month in accordance
with the requirements of paragraph (c)(2) of this clause.
(4) The Contracting Officer may, in NASA’s interest, withhold payment until a
reserve not exceeding $25,000 or 5 percent of the amount of the contract, whichever is less, has
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been set aside, if the Contractor fails to submit annual NF 1018 reports in accordance with NFS
subpart 1845.71, any monthly report in accordance with (c)(3) of this clause, and any
supplemental instructions for the current reporting period issued by NASA. Such reserve shall
be withheld until the Contracting Officer has determined that NASA has received the required
reports. The withholding of any amount or the subsequent payment thereof shall not be
construed as a waiver of any Government right.
(d) A final report shall be submitted within 30 days after disposition of all property
subject to reporting when the contract performance period is complete in accordance with
paragraph (b)(1) through (3) of this clause.
(End of clause)
1852.245–74 Identification and Marking of Government Equipment.
As prescribed by 1845.107–70(e), insert the following clause.
IDENTIFICATION AND MARKING OF GOVERNMENT EQUIPMENT
(JAN 2011)
(a) The Contractor shall identify all equipment to be delivered to the Government using
NASA Technical Handbook (NASA–HDBK) 6003, Application of Data Matrix Identification
Symbols to Aerospace Parts Using Direct Part Marking Methods/Techniques, and NASA
Standard (NASA–STD) 6002, Applying Data Matrix Identification Symbols on Aerospace Parts
or through the use of commercial marking techniques that: (1) are sufficiently durable to remain
intact through the typical lifespan of the property: and, (2) contain the data and data format
required by the standards. This requirement includes deliverable equipment listed in the
schedule and other equipment when no longer required for contract performance and NASA
directs physical transfer to NASA or a third party. The Contractor shall identify property in both
machine and human readable form unless the use of a machine readable-only format is approved
by the NASA Industrial Property Officer.
(b) Equipment shall be marked in a location that will be human readable, without
disassembly or movement of the equipment, when the items are placed in service unless such
placement would have a deleterious effect on safety or on the item’s operation.
(c) Concurrent with equipment delivery or transfer, the Contractor shall provide the
following data in an electronic spreadsheet format:
(1) Item Description.
(2) Unique Identification Number (License Tag).
(3) Unit Price.
(4) An explanation of the data used to make the unique identification number.
(d) For equipment no longer needed for contract performance and physically transferred
under paragraph (a) of this clause, the following additional data is required:
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(1) Date originally placed in service.
(2) Item condition.
(e) The data required in paragraphs (c) and (d) of this clause shall be delivered to the
NASA center receiving activity listed below:
__________________________________
__________________________________
__________________________________
(f) The contractor shall include the substance of this clause, including this paragraph (f),
in all subcontracts that require delivery of equipment.
(End of clause)
1852.245-75 Property Management Changes.
As prescribed in 1845.107–70(f), insert the following clause.
PROPERTY MANAGEMENT CHANGES
(JAN 2011)
(a) The Contractor shall submit any changes to standards and practices used for
management and control of Government property under this contract to the assigned property
administrator prior to making the change whenever the change —
(1) Employs a standard that allows increase in thresholds or changes the timing
for reporting loss, damage, or destruction of property;
(2) Alters physical inventory timing or procedures;
(3) Alters recordkeeping practices;
(4) Alters practices for recording the transport or delivery of Government
property; or
(5) Alters practices for disposition of Government property.
(End of clause)
1852.245-76 List of Government Property Furnished Pursuant to FAR 52.245–1.
As prescribed in 1845.107-70(g), insert the following clause:
LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO FAR 52.245–1
(JAN 2011)
For performance of work under this contract, the Government will make available
Government property identified below or in Attachment [Insert attachment number or ‘‘not
applicable’’] of this contract on a no charge-for-use basis pursuant to the clause at FAR 52.245–
1, Government Property, as incorporated in this contract. The Contractor shall use this property
in the performance of this contract at [Insert applicable site(s) where property will be used] and
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at other location(s) as may be approved by the Contracting Officer. Under FAR 52.245–1, the
Contractor is accountable for the identified property.
(End of clause)
1852.245-77 List of Government Property Furnished Pursuant to FAR 52.245-2.
As prescribed in 1845.107-70(h), insert the following clause:
LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT to FAR 52.245–2
(JAN 2011)
For performance of work under this contract, the Government will make available
Government property identified below or in Attachment __ [Insert attachment number or ‘‘not
applicable’’] of this contract on a no charge-for-use basis pursuant to FAR 52.245–2,
Government Property Installation Operation Services, as incorporated in this contract. The
Contractor shall use this property in the performance of this contract at __ [Insert applicable
site(s) where property will be used] and at other location(s) as may be approved by the
Contracting Officer.
[Insert a description of the item(s), acquisition date, quantity, acquisition cost, and
applicable equipment information]
(End of clause)
1852.245–78 Physical Inventory of Capital Personal Property.
As prescribed in 1845.107–70(i), insert the following clause.
PHYSICAL INVENTORY OF CAPITAL PERSONAL PROPERTY
(AUG 2015)
(a) In addition to physical inventory requirements under the clause at FAR 52.245–1,
Government Property, as incorporated in this contract, the Contractor shall conduct annual
physical inventories for individual property items with an acquisition cost exceeding $500,000.
(1) The Contractor shall inventory—
(i) Items of property furnished by the Government;
(ii) Items acquired by the Contractor and titled to the Government under
the clause at FAR 52.245–1;
(iii) Items constructed by the Contractor and not included in the
deliverable, but titled to the Government under the clause at FAR 52.245–1; and
(iv) Complete but undelivered deliverables.
(2) The Contractor shall use the physical inventory results to validate the
property record data, specifically location and use status, and to prepare summary reports of
inventory as described in paragraph (c) of this clause.
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(b) Unless specifically authorized in writing by the Property Administrator, the inventory
shall be performed and posted by individuals other than those assigned custody of the items,
responsibility for maintenance, or responsibility for posting to the property record. The
Contractor may request a waiver from this separation of duties requirement from the Property
Administrator, when all of the conditions in either (1) or (2) of this paragraph are met.
(1) The Contractor utilizes an electronic system for property identification, such
as a laser bar-code reader or radio frequency identification reader, and
(i) The programs or software preclude manual data entry of inventory
identification data by the individual performing the inventory; and
(ii) The inventory and property management systems contain sufficient
management controls to prevent tampering and assure proper posting of collected inventory data.
(2) The Contractor has limited quantities of property, limited personnel, or
limited property systems; and the Contractor provides written confirmation that the Government
property exists in the recorded condition and location;
(3) The Contractor shall submit the request to the cognizant property
administrator and obtain approval from the property administrator prior to implementation of the
practice.
(c) The Contractor shall report the results of the physical inventory to the property
administrator within 10 calendar days of completion of the physical inventory. The report shall—
(1) Provide a summary showing number and value of items inventoried; and
(2) Include additional supporting reports of—
(i) Loss in accordance with the clause at 52.245–1, Government Property;
(ii) Idle property available for reuse or disposition; and
(iii) A summary of adjustments made to location, condition, status, or
user as a result of the physical inventory reconciliation.
(d) The Contractor shall retain auditable physical inventory records, including records
supporting transactions associated with inventory reconciliation. All records shall be subject to
Government review and/or audit.
(End of clause)
1852.245–79 Records and Disposition Reports for Government Property with Potential
Historic or Significant Real Value.
As prescribed in 1845.107–70(j), insert the following clause:
RECORDS AND DISPOSITION REPORTS FOR GOVERNMENT PROPERTY WITH
POTENTIAL HISTORIC OR SIGNIFICANT REAL VALUE
(JAN 2011)
(a) In addition to the property record data required by the clause at FAR 52.245–1,
Government Property as incorporated in this contract, Contractor records of all Government
property under this contract shall—
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(1) Identify the projects or missions that used the items;
(2) Specifically identify items of flown property;
(3) When known, associate individual items of property used in space flight
operations with the using astronaut(s); and
(4) Identify property used in test activity and, when known, the individuals who
conducted the test.
(b) The Contractor shall include this information within item descriptions—
(1) On any Standard Form 1428, Inventory Schedule;
(2) In automated disposition systems;
(3) In any other disposition related reports; and
(4) In other requests for disposition instructions.
(c) The Contractor shall not remove NASA identification or markings from Government
property prior to or during disposition without the advanced written approval of the Plant
Clearance Officer.
(End of clause)
1852.245–80 Government Property Management Information.
As prescribed in 1845.107–70(k)(1), insert the following provision.
GOVERNMENT PROPERTY MANAGEMENT INFORMATION
(JAN 2011)
(a) The offeror shall identify the industry leading or voluntary consensus standards,
and/or the industry leading practices, that it intends to employ for the management of
Government property under any contract awarded from this solicitation.
(b) The offeror shall provide the date of its last Government property control system
analysis along with its overall status, a summary of findings and recommendations, the status of
any recommended corrective actions, the name of the Government activity that performed the
analysis, and the latest available contact information for that activity.
(c) The offeror shall identify any property it intends to use in performance of this
contract from the list of available Government property in the provision at 1852.245–81, List of
Available Government Property.
(d) The offeror shall identify all Government property in its possession, provided under
other Government contracts that it intends to use in the performance of this contract. The offeror
shall also identify: The contract that provided the property, the responsible Contracting Officer,
the dates during which the property will be available for use (including the first, last, and all
intervening months), and, for any property that will be used concurrently in performing two or
more contracts, the amounts of the respective uses in sufficient detail to support prorating the
rent, the amount of rent that would otherwise be charged in accordance with FAR 52.245–9, Use
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and Charges (June 2007), and the contact information for the responsible Government
Contracting Officer. The offeror shall provide proof that such use was authorized by the
responsible Contracting Officer.
(e) The offeror shall disclose cost accounting practices that allow for direct charging of
commercially available equipment, when commercially available equipment is to be used in
performance of the contract and the equipment is not a deliverable.
(f) The offeror shall identify, in list form, any equipment that it intends to acquire and
directly charge to the Government under this contract. The list shall include a description,
manufacturer, model number (when available), quantity required, and estimated unit cost.
Equipment approved as part of the award need not be requested under NFS clause 1852.245-70.
(g) The offeror shall disclose its intention to acquire any parts, supplies, materials or
equipment, to fabricate an item of equipment for use under any contract resulting from this
solicitation when that item of equipment—
Will be titled to the government under the provisions of the contract; is not
included as a contract deliverable; and the Contractor intends to charge the costs of materials
directly to the contract. The disclosure shall identify the end item or system and shall include all
descriptive information, identification numbers (when available), quantities required and
estimated costs.
(h) Existing Government property may be reviewed at the following locations, dates, and
times: [Enter the appropriate information]
(End of provision)
ALTERNATE 1
(JAN 2011)
As prescribed in 1845.107–70(k)(2) add the following paragraph (i).
(i) Existing available Government property listed in the provision at 1852.245–81 is
provided ‘‘as-is’’. NASA makes no warranty regarding its performance or condition. The
offeror uses this property at its own risk and should make its own assessment of the property’s
suitability for use. The equitable adjustment provisions of the clause at 52.245–1, Government
Property as included in this solicitation, are not applicable to this property. The offeror must
obtain the Contracting Officer’s written approval before acquiring replacement property when it
intends to charge the cost directly to the contract.
1852.245–81 List of Available Government Property.
As prescribed in 1845.107–70(l), insert the following provision.
LIST OF AVAILABLE GOVERNMENT PROPERTY
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(JAN 2011)
(a) The Government will make the following Government property available for use in
performance of the contract resulting from this solicitation, on a no-charge-for-use basis in
accordance with FAR 52.245–1, Government Property, included in this solicitation. The offeror
shall notify the Government, as part of its proposal, of its intention to use or not use the property.
(b) The Government will make the following Government property available for use in
performance of the contract resulting from this solicitation, on a no-charge-for-use basis in
accordance with FAR 52.245–2, Government Property Installation Operation Services, as
included in this solicitation. The offeror shall notify the Government of its intention to use or not
use the property.
(c) The selected Contractor will be responsible for costs associated with transportation,
and installation of the property listed in this provision.
(End of provision)
1852.245–82 Occupancy Management Requirements.
As prescribed in 1845.107–70(m), insert the following clause:
OCCUPANCY MANAGEMENT REQUIREMENTS
(SEP 2017)
(a) In addition to the requirements of the clause at FAR 52.245–1, Government Property,
as included in this contract, the Contractor shall comply with the following in performance of
work in and around Government real property:
(1) NPD 8800.14, Policy for Real Estate Management.
(2) NPR 8831.2, Facilities Maintenance and Operations Management.
[Insert any additional Center occupancy requirements here.]
(b) The Contractor shall obtain the written approval of the Contracting Officer before
installing or removing Contractor-owned property onto or into any Government real property or
when movement of Contractor-owned property may damage or destroy Government-owned
property. The Contractor shall restore damaged property to its original condition at the
Contractor’s expense.
(c) The Contractor shall not acquire, construct or install any fixed improvement or
structural alterations in Government buildings or other real property without the advance, written
approval of the Contracting Officer. Fixed improvement or structural alterations, as used herein,
means any alteration or improvement in the nature of the building or other real property that,
after completion, cannot be removed without substantial loss of value or damage to the premises.
Title to such property shall vest in the Government.
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(d) The Contractor shall report any real property or any portion thereof when it is no
longer required for performance under the contract, as directed by the Contracting Officer.
(End of clause)
1852.245–83 Real Property Management Requirements.
As prescribed in 1845.107–70(n), insert the following clause:
REAL PROPERTY MANAGEMENT REQUIREMENTS
(JAN 2011)
(a) In addition to the requirements of the FAR Government Property Clause incorporated
in this contract (FAR 52.245–1), the Contractor shall comply with the following in performance
of any maintenance, construction, modification, demolition, or management activities of any
Government real property:
(1) NPD 8800.14, Policy for Real Estate Management.
(2) NPR 8831.2, Facilities Maintenance and Operations Management.
[Insert any real property related Center requirements here.]
(b) Within 30 calendar days following award, the Contractor shall provide a plan for
maintenance of Government real property provided for use under this contract. The Contractor’s
maintenance program shall enable the identification, disclosure, and performance of normal and
routine preventative maintenance and repair. The Contractor shall disclose and report to the
Contracting Officer the need for replacement and/or capital rehabilitation. Upon acceptance by
the Contracting Officer, the program shall become a requirement under this contract.
(c) Title to parts replaced by the Contractor in carrying out its normal maintenance
obligations shall pass to and vest in the Government upon completion of their installation in the
facilities. The Contractor shall keep the property free and clear of all liens and encumbrances.
(d) The Contractor shall keep records of all work done to real property, including plans,
drawings, charts, warranties, and manuals. Records shall be complete and current. Record of all
transactions shall be auditable. The Government shall have access to these records at all
reasonable times, for the purposes of reviewing, inspecting, and evaluating the Contractor’s real
property management effectiveness. When real property is disposed of under this contract, the
Contractor shall deliver the related records to the Government.
(e) The Contracting Officer may direct the Contractor in writing to reduce the work
required by the maintenance program authorized in paragraph (b) of this clause at any time.
(End of clause)
1852.246-70 Reserved.
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1852.246-71 Government Contract Quality Assurance Functions.
As prescribed in 1846.470, insert the following clause:
GOVERNMENT CONTRACT QUALITY ASSURANCE FUNCTIONS
(OCT 1988)
In accordance with the inspection clause of this contract, the Government intends to
perform the following functions at the locations indicated:
Item
Quality Assurance Function
Location
[Insert the items involving quality assurance, the quality assurance functions, and where the
functions will be performed.]
(End of clause)
1852.246-72 Material Inspection and Receiving Report.
As prescribed in 1846.674, insert the following clause:
MATERIAL INSPECTION AND RECEIVING REPORT
(APR 2015)
(a) At the time of each delivery to the Government under this contract, the Contractor shall
prepare and furnish a Material Inspection and Receiving Report (DD Form 250 series). The forms
shall be prepared and distributed as follows: [Insert number of copies and distribution
instructions]________________________________________________________________
(b) The Contractor shall prepare the DD Form 250 in accordance with NASA FAR
Supplement 1846.6. The Contractor shall enclose the copies of the DD Form 250 in the package
or seal them in a waterproof envelope, which shall be securely attached to the exterior of the
package in the most protected location.
(c) When more than one package is involved in a shipment, the Contractor shall list on the
DD Form 250, as additional information, the quantity of packages and the package numbers. The
Contractor shall forward the DD Form 250 with the lowest numbered package of the shipment and
print the words "CONTAINS DD FORM 250" on the package.
(End of clause)
1852.246-73 Human Space Flight Item.
As prescribed in 1846.370, insert the following clause:
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HUMAN SPACE FLIGHT ITEM
(MAR 1997)
The Contractor shall include the following statement in all subcontracts and purchase orders placed
by it in support of this contract, without exception as to amount or subcontract level:
"FOR USE IN HUMAN SPACE FLIGHT; MATERIALS, MANUFACTURING, AND
WORKMANSHIP OF HIGHEST QUALITY STANDARDS ARE ESSENTIAL TO
ASTRONAUT SAFETY.
IF YOU ARE ABLE TO SUPPLY THE DESIRED ITEM WITH A HIGHER QUALITY
THAN THAT OF THE ITEMS SPECIFIED OR PROPOSED, YOU ARE REQUESTED TO
BRING THIS FACT TO THE IMMEDIATE ATTENTION OF THE PURCHASER."
(End of clause)
1852.246-74 Contractor Counterfeit Electronic Part Detection and Avoidance.
As prescribed in 1846.7003, use the following clause:
CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE.
(SEP 2020)
(a) Definitions. As used in this clause—
“Authentic part” means a new and unmodified part produced by the original component
manufacturer, or a source with the express written authority of the original manufacturer or current
design activity, including an authorized aftermarket manufacturer.
“Authentication” means a process to verify that a part is not counterfeit or suspect
counterfeit.
“Authorized aftermarket manufacturer” means an organization that fabricates a part under a
contract with, or with the express written authority of, the original component manufacturer based
on the original component manufacturer’s designs, formulas, and/or specifications.
“Authorized supplier” means a supplier, distributor, or an aftermarket manufacturer with a
contractual arrangement with, or the express written authority of, the original manufacturer or
current design activity to buy, stock, repackage, sell, or distribute the part.
“Contract manufacturer” means a company that produces goods under contract for another
company under the label or brand name of that company.
“Contractor-approved supplier” means a supplier that does not have a contractual
agreement with the original component manufacturer, but has been qualified by the contractor or
subcontractor approved by the contractor or government as having met prescribed counterfeit
electronic part detection and avoidance system criteria using established counterfeit prevention
industry standards and processes.
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“Counterfeit electronic part” means an unlawful or unauthorized reproduction, substitution,
or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be
an authentic, unmodified electronic part from the original manufacturer, or a source with the
express written authority of the original manufacturer or current design activity, including an
authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used
electronic parts represented as new, or the false identification of grade, serial number, lot number,
date code, or performance characteristics.
“Electronic part” means a discrete electronic component, including a microcircuit,
transistor, capacitor, resistor, or diode, that is intended for use in a safety or mission critical
application (section 823 (d)(2) of Pub L. 115-10).
"Original component manufacturer" means an organization that designs and/or engineers a
part and is entitled to any intellectual property rights to that part.
“Original equipment manufacturer” means a company that manufactures products that it
has designed from purchased components and sells those products under the company's brand
name.
“Original manufacturer” means the original component manufacturer, the original
equipment manufacturer, or the contract manufacturer.
“Suspect counterfeit electronic part” means an electronic part for which credible evidence
(including, but not limited to, visual inspection or testing) provides reasonable doubt that the
electronic part is authentic.
(b) Sources of Electronics Parts.
In accordance with section 823(c)(3), the NASA Transition Authorization Act of 2017 (Pub. L.
115-10), the covered contractor shall—
(1) Obtain electronic parts that are in production by the original manufacturer or an
authorized aftermarket manufacturer or currently available in stock from—
(i) The original manufacturers of the parts;
(ii) Their authorized dealers; or
(iii) Suppliers who obtain such parts exclusively from the original
manufacturers of the parts or their authorized dealers;
(2) If electronic parts are not in production or currently available in stock from
suppliers as stated in paragraph (b) of this clause, the covered contractor shall obtain electronic
parts from NASA identified suppliers or contractor-approved suppliers for which—
(i) The covered contractor assumes responsibility for the authenticity of
parts; and
(ii) The covered contractor performs inspection, testing and authentication
of parts; and
(iii) The covered contractor obtains traceability information for the
electronic parts (e.g., data code, lot code, serial number) and provides this information to the
contracting officer upon request; and
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(iv) The selection of contractor-approved suppliers is subject to review and
audit by the contracting officer.
(c) Notification. The covered contractor, including subcontractors, shall notify the NASA
contracting officer in writing not later than 30 calendar days after the date the covered contractor
becomes aware, or has reason to suspect, that any end item, component, part or material contained
in supplies purchased by NASA, or purchased by a covered contractor or subcontractor for
delivery to, or on behalf of, NASA, contains a counterfeit electronic part or suspect counterfeit
electronic part
(d) Costs related to counterfeit electronic parts and suspect counterfeit electronic parts. In
accordance with section 823(c)(2)(B), the NASA Transition Authorization Act of 2017 (Pub. L.
115-10), the costs of counterfeit electronic parts and suspect counterfeit electronic parts and the
costs of rework or corrective action that may be required to remedy the use or inclusion of such
parts are unallowable, unless—
(1) The covered contractor has a system to detect and avoid counterfeit electronic
parts and suspect counterfeit electronic parts that has been reviewed and approved by NASA or the
Department of Defense pursuant to 48 CFR 244.303; and
(2) The covered contractor, including a subcontractor, notifies the applicable
NASA contracting officer in writing in accordance with paragraph (c) of this clause; or
(3) The counterfeit electronic parts or suspect counterfeit electronic parts were
provided to the covered contractor as Government property in accordance with part 45 of the
Federal Acquisition Regulation.
(e) Subcontracts. The covered contractor shall insert this clause, including this paragraph
(e), in subcontracts for(1) Electronic parts;
(2) End items, components, parts, or assemblies containing electronic parts; or
(3) Services where the covered contractor will supply electronic parts or
components, parts, or assemblies containing electronic parts as part of the service, including
subcontracts for commercial items that are for electronic parts or assemblies containing electronic
parts, unless the subcontractor is the original manufacturer. The covered contractor shall not alter
the clause other than to identify appropriate parties.
(f) Corrective Action. In the event that the covered contractor supplies a counterfeit
electronic part, suspect counterfeit electronic part or end item, component, or assembly containing
a counterfeit electronic part to NASA, the covered contractor shall take such corrective actions as
the Administrator considers necessary to remedy the use or inclusion of additional counterfeit
electronic parts, suspect counterfeit electronic part or end items, components, or assemblies
containing a counterfeit electronic part.
(End of clause)
[PN 20-08]
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1852.247-71 Protection of the Florida Manatee.
As prescribed in 1847.7001, insert the following clause:
PROTECTION OF THE FLORIDA MANATEE
(JUN 2018)
(a) Pursuant to the Endangered Species Act of 1973 (Pub. L. 93-205), as amended, and
the Marine Mammal Protection Act of 1972 (Pub. L. 92-522), the Florida Manatee (Trichechus
Manatus) has been designated an endangered species, and the Indian River Lagoon system
within and adjacent to National Aeronautics and Space Administration's (NASA's) Kennedy
Space Center (KSC) has been designated as a critical habitat of the Florida Manatee. The KSC
Environmental Management Branch will advise all personnel associated with the project of the
potential presence of manatees in the work area, and the need to avoid collisions and/or
harassment of the manatees. Contractors shall ensure that all employees, subcontractors, and
other individuals associated with this contract and who are involved in vessel operations,
dockside work, and selected disassembly functions are aware of the civil and criminal penalties
for harming, harassing, or killing manatees.
(b) All contractor personnel shall be responsible for complying with all applicable
Federal and/or state permits (e.g., Florida Department of Environmental Protection, St. Johns
River Water Management District, Fish & Wildlife Service) in performing water-related
activities within the contract. Where no Federal and/or state permits are required for said
contract, and the contract scope requires activities within waters at KSC, the Contractor shall
obtain a KSC Manatee Protection Permit from the Environmental Management Branch. All
conditions of Federal, state, and/or KSC regulations and permits for manatee protection shall be
binding to the contract. Notification and coordination of all water related activities at KSC will
be done through the Environmental Management Branch.
(c) The Contractor shall incorporate the provisions of this clause in applicable
subcontracts.
(End of clause)
[PN 18-11]
1852.247-72 Advance Notice of Shipment.
As prescribed in 1847.305-70(a), insert the following clause:
ADVANCE NOTICE OF SHIPMENT
(OCT 1988)
_____[Insert number of work days] work days prior to shipping item(s) ______[Insert items to
be shipped], the Contractor shall furnish the anticipated shipment date, bill of lading number (if
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applicable), and carrier identity to __________[Insert individual(s) to receive notification] and to
the Contracting Officer.
(End of clause)
1852.247-73 Bills of Lading.
As prescribed in 1847.305-70(b), insert a clause substantially as follows:
BILLS OF LADING
(JUN 2002)
The purpose of this clause is to define when a commercial bill of lading or a government bill of
lading is to be used when shipments of deliverable items under this contract are f.o.b. origin.
(a) Commercial Bills of Lading. All domestic shipments shall be made via commercial
bills of lading (CBLs). The Contractor shall prepay domestic transportation charges. The
Government shall reimburse the Contractor for these charges if they are added to the invoice as a
separate line item supported by the paid freight receipts. If paid receipts in support of the invoice
are not obtainable, a statement as described below must be completed, signed by an authorized
company representative, and attached to the invoice.
"I certify that the shipments identified below have been made, transportation charges have been
paid by (company name), and paid freight or comparable receipts are not obtainable.
Contract or Order Number: ___________
Destination:____________".
(b) Government Bills of Lading.
(1) International (export) and domestic overseas shipments of items deliverable
under this contract shall be made by Government bills of lading (GBLs). As used in this clause,
“domestic overseas” means non-continental United States, i.e. Hawaii, Commonwealth of Puerto
Rico, and possessions of the United States.
(2) At least 15 days before shipment, the Contractor shall request in writing
GBLs from: ________[Insert name, title, and mailing address of designated transportation
officer or other official delegated responsibility for GBLs]. If time is limited, requests may be by
telephone: ________[Insert appropriate telephone number]. Requests for GBLs shall include the
following information.
(i) Item identification/ description.
(ii) Origin and destination.
(iii) Individual and total weights.
(iv) Dimensional Weight.
(v) Dimensions and total cubic footage.
(vi) Total number of pieces.
(vii) Total dollar value.
(viii) Other pertinent data.
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(End of clause)
Subpart 1852.3—Provision and Clause Matrix
Clause Matrix
1852.300 Scope of subpart.
The matrix in this subpart contains a column for each principal type and/or purpose of contract.
See the first page of the matrix for the key to column headings, the dollar threshold chart, and
requirement symbols.
1852.301 Solicitation Provisions and Contract Clauses (Matrix).
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SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.203-70
1852.203-71
1852.204-75
1852.204-76
1852.208-81
Provision or Clause
Title
Display of Inspector
General Hotline
Posters
Requirement to Inform
Employees of
Whistleblower Rights
Security Classification
Requirements
Security Requirements
for Unclassified
Information
Technology Resources
Restrictions on
Printing and
Duplicating
Date
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
R = Required
A = Required-When-Applicable
O = Optional
(JUN 2001)
1803.7001
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
C
I IBR
(AUG 2014)
1803.970
C
I
IBR
(SEP 1989)
1804.404-70
C
I
FT
(JAN 2011)
1804.470-4(a)
C*
I
IBR
(NOV 2004)
1808.870
C*
H
IBR
2015 EDITION (Thru PN 23-04)
Prescribed In
Clause
application
App Dev
X
PCD 21-01
FP
SUP
CR
SUP
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
A
A
A
A
A
A
A
A
A
A
A
A
R
R
R
R
R
R
R
R
R
R
R
R
R
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
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SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
Provision or Clause
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.209-71
Title
1852.209-72
RESERVED
1852.211-70
1852.213-70
1852.213-70
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
R = Required
A = Required-When-Applicable
O = Optional
(DEC 1988)
1809.507-2
Packaging, Handling,
and Transportation
(SEP 2005)
1811.404-70
C
D
IBR
Offeror
Representations and
Certifications—Other
Than Commercial
Items
Alternate I
(JUL 2004)
1813.302-570
P
K
FT
(MAR 2004)
1813.302570(a)(2)(i)
P
K
FT
2015 EDITION (Thru PN 23-04)
Prescribed In
Clause
application
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
C
H
FT X
X
Limitation of Future
Contracting
Date
Fixed-Price Supply
X
App Dev
PCD 20-02B
FP
SUP
CR
SUP
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
O
O
O
O
O
O
A
A
A
A
A
A
O
O
O
O
O
O
A
A
A
A
O
A
1852-151
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
Provision or Clause
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Title
Alternate II
(MAR 2004)
1813.302570(a)(2)(ii)
1852.213-70
Alternate III
(MAR 2004)
1813.302570(a)(2)(iii)
P
K
FT
X
1852.213-71
Evaluation Other Than
Commercial Items
(JUN 2002)
1813.302-570(b)
P
L
FT
X
1852.214-70
Caution to Offerors
Furnishing Descriptive
Literature
Grouping for
Aggregate Award
(DEC 1988)
1814.201-670(a)
P
L
IBR
(MAR 1989)
1814.201-670(b)
P
M
FT
(DEC 1988)
1814.201-670(c)
P
M
IBR
1852.214-72
Full Quantities
2015 EDITION (Thru PN 23-04)
Prescribed In
Clause
application
Clause/
Provision
Number
1852.213-70
1852.214-71
Date
Fixed-Price Supply
R = Required
A = Required-When-Applicable
O = Optional
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
P
K
FT X
App Dev
FP
SUP
CR
SUP
A
A
X
O
A
X
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
A
A
A
A
O
A
O
A
O
A
A
A
O
A
O
A
O
A
A
1852-152
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
Provision or Clause
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.215-77
Title
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
Date
Prescribed In
Preproposal/Pre-Bid
Conference
(APR 2015)
1815.209-70(a)
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
P
L
FT X
1852.215-78
Make or Buy Program
Requirements
(FEB 1998)
1815.408-70(a)
P
L
IBR
1852.215-79
(JUN 2018)
1815.408-70(b)
C
I
FT
(APR 2015)
1815.209-70(d),
P
L
FT
1852.215-84
Price Adjustment for
"Make-or-Buy"
Changes
Proposal Page
Limitations
Ombudsman
(NOV 2011)
1815.7003
C
I
IBR
1852.215-84
Alternate I
(JUN 2000)
PCD 19-03
C
I
IBR
1852.215-85
Proposal Adequacy
Checklist
(MAR 2014)
1815.408-70(c)
P
L
1852.216-72
Award Term
(AUG 2017)
1816.406-70(g)
C
I
1852.215-81
2015 EDITION (Thru PN 23-04)
App Dev
FP
SUP
CR
SUP
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
A
A
A
A
A
A
A
A
A
A
A
X
A
A
A
A
X
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
R
R
R
R
R
R
R
R
R
R
R
R
R
A
A
A
A
A
A
A
A
A
R
A
A
A
FT
A
A
A
A
A
A
A
A
A
A
A
A
FT
A
A
A
A
A
A
PCD 19-03
A
1852-153
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
Provision or Clause
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.216-73
Title
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
Date
Prescribed In
Estimated Cost and
Cost Sharing
(DEC 1991)
1816.307-70(a)
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
C
B
FT X
1852.216-74
Estimated Cost and
Fixed Fee
(DEC 1991)
1816.307-70 (b)
C
B
FT
1852.216-75
Payment of Fixed Fee
(DEC 1988)
1816.307-70 (c)
C
G
IBR
1852.216-76
Award Fee for Service
Contracts
(JUN 2018)
1816.406-70 (a)
C
G
FT
X
1852.216-77
Award Fee for End
Item Contracts
(AUG 2016)
1816.406-70 (b)
C
G
FT
X
1852.216-78
Firm Fixed Price
(DEC 1988)
1816.202-70
C
B
FT
X
A
1852.216-80
Task Ordering
Procedure
Alternate I
(OCT 1996)
1816.506-70
C
I
FT
X
A
A
A
A
A
A
A
A
(APR 2018)
1816.506-70(a)
C
I
FT
A
A
A
A
A
A
A
A
1852.216-80
2015 EDITION (Thru PN 23-04)
X
App Dev
FP
SUP
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
A
X
X
CR
SUP
A
O
O
O
O
O
O
O
O
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
1852-154
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
Provision or Clause
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.216-80
Title
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
Date
Prescribed In
Alternate II
(APR 2018)
1816.506-70(b)
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
C
I
FT
1852.216-81
Estimated Cost
(DEC 1988)
1816.307-70(d)
C
B
FT
X
1852.216-83
Fixed Price Incentive
(OCT 1996)
1816.406-70(c)
C
B
FT
X
1852.216-84
Estimated Cost and
Incentive Fee
(OCT 1996)
1816.406-70(d)
C
B
FT
X
O
O
O
O
1852.216-85
Estimated Cost and
Award Fee
(SEP 1993)
1816.406-70(e)
C
B
FT
X
O
O
O
O
1852.216-85
Alternate I
(SEP 1993)
1816.406-70(e)
C
B
FT
X
O
O
O
O
1852.216-88
Performance Incentive
(APR 2015)
1816.406-70(f)
C
B
FT
X
O
O
1852.216-89
Assignment and
Release Forms
(AUG 2016)
1816.307-70(f)
C
I
IBR
A
A
2015 EDITION (Thru PN 23-04)
App Dev
FP
SUP
CR
SUP
A
A
A
X
X
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
A
A
O
A
A
O
A
A
O
A
A
O
O
A
A
A
A
A
A
1852-155
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.216-90
1852.217-71
1852.217-72
1852.219-11
1852.219-18
Provision or Clause
Title
Allowability of Legal
Costs Incurred in
Connection with a
Whistleblower
Proceeding
Phased Acquisition
Using Down-Selection
Procedures
Phased Acquisition
Using Progressive
Competition DownSelection Procedures
Special 8(a) Contract
Conditions
Notification of
Competition Limited to
Eligible 8(a) Concerns
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
Date
Prescribed In
(AUG 2014)
1816.307-70(g)
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
C
I IBR
(APR 2015))
1817.7002(a)
C
I
FT
X
X
A
(NOV 2011)
1817.7002(b)
C
I
FT
X
X
A
(APR 2015)
1819.811-3(a)
C
I
FT
X
A
A
A
A
A
A
(APR 2015)
1819.811-3(d)
C
I
FT
X
A
A
A
A
A
A
2015 EDITION (Thru PN 23-04)
App Dev
FP
SUP
CR
SUP
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
O
1852-156
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
Provision or Clause
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.219-73
Title
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
Date
Prescribed In
Small Business
Subcontracting Plan
(MAY 1999)
1819.708-70(a)
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
P
L
FT X
1852.219-75
Individual
Subcontracting Reports
(APR 2015)
1819.708-70(b)
C*
I
1852.219-77
NASA Mentor-Protégé
Program
(APR 2015)
1819.7215(a)
C
1852.219-79
Mentor Requirements
and Evaluation
(APR 2015)
1819.7215(b)
1852.219-80
Limitation on
Subcontracting -- SBIR
Phase I Program
Limitation on
Subcontracting -- SBIR
Phase II Program
(OCT 2006)
(OCT 2006)
1852.219-81
2015 EDITION (Thru PN 23-04)
App Dev
FP
SUP
CR
SUP
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
A
A
A
A
A
A
A
A
A
A
A
A
IBR
A
A
A
A
A
A
A
A
A
A
A
A
I
IBR
A
A
A
A
A
A
A
A
A
A
A
C
I
IBR
A
A
A
A
A
A
A
A
A
A
A
1819.7302(a)
C
I
IBR
A
A
A
A
A
A
A
A
A
A
A
A
1819.7302(b)
C
I
IBR
A
A
A
A
A
A
A
A
A
A
A
A
1852-157
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.219-82
1852.219-83
1852.219-84
1852.219-85
1852.223-70
1852.223-71
Provision or Clause
Title
Limitation on
Subcontracting -STTR Program
Limitation of the
Principal Investigator - SBIR Program
Limitation of the
Principal Investigator - STTR Program
Conditions for Final
Payment --SBIR and
STTR Contracts
Safety and Health
Measures and Mishap
Reporting.
Authorization for
Radio Frequency Use
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
Date
Prescribed In
(OCT 2006)
1819.7302(c)
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
C
I IBR
(OCT 2006)
1819.7302(d)
C
I
FT
(OCT 2006)
1819.7302(e)
C
I
(OCT 2006)
1819.7302 (f)
C
(DEC 2015)
1823.7001(a)
(APR 2015)
1823.7101
2015 EDITION (Thru PN 23-04)
App Dev
FP
SUP
CR
SUP
A
A
A
A
A
A
A
A
A
A
A
A
X
A
A
A
A
A
A
A
A
A
A
A
A
FT
X
A
A
A
A
A
A
A
A
A
A
A
A
I
FT
X
A
A
A
A
A
A
A
A
A
A
A
A
C*
H
IBR
A
A
A
A
A
A
A
A
A
A
A
A
A
C*
G
IBR
A
A
A
A
A
A
A
A
A
A
A
A
A
A
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
1852-158
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
Provision or Clause
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.223-72
Title
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
Date
Prescribed In
Safety and Health
(Short Form)
(JUL 2015)
1823.7001(f)
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
C
H IBR
1852.223-73
Safety and Health Plan
(JUL 2015)
1823.7001(c)
P
L
IBR
1852.223-73
Alternate I
(JUL 2015)
1823.7001(c)
P
L
IBR
1852.223-74
Drug- and AlcoholFree Workforce
(NOV 2015)
1823.570-2
C*
I
1852.223-75
Major Breach of Safety
or Security
(FEB 2002)
1823.7001(e)(1)
C
1852.223-75
Alternate I
(FEB 2006)
1823.7001(e)(2)
1852.223-76
Federal Automotive
Statistical Tool
Reporting
(JUL 2003)
1823.271 and
1851.205
2015 EDITION (Thru PN 23-04)
App Dev
FP
SUP
CR
SUP
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
A
A
A
A
A
A
A
A
A
A
A
A
A
A
X
A
A
A
A
A
A
A
A
A
A
A
A
A
A
X
A
A
A
A
A
A
A
A
A
A
A
A
IBR
A
A
A
A
A
A
A
A
A
A
A
H
IBR
A
A
A
A
A
A
A
A
A
A
A
C
H
IBR
A
A
A
A
A
A
A
A
A
A
A
C
H
IBR
A
A
A
A
A
A
1852-159
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
Provision or Clause
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.225-8
Title
1852.225-70
Export Licenses
1852.225-70
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
Date
Prescribed In
(FEB 2000) modifies
FAR clause
1825.1101(e)
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
C
I
FT X
(FEB 2000)
1825.1103-70(b)
C
H
FT
Alternate I
(FEB 2000)
1825.1103-70(b)
C
H
FT
1852.225-71
(Deviation)
Restriction on Funding
Activity with China
(FEB 2012)
(Deviation)
PCD 12-01A
C*
I
FT
1852.225-72
(Deviation)
Restriction on funding
Activity with China –
Representation
Patent Rights-Ownership by the
Contractor
(FEB 2012)
(Deviation)
PCD 12-01A
P
K
FT
C*
I
IBR
1852.227-11
Duty-Free Entry of
Space Articles
(APR 2015) modifies 1827.303(b)(1)
FAR clause
2015 EDITION (Thru PN 23-04)
App Dev
FP
SUP
CR
SUP
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
PCD 12-01A
R
R
R
R
R
PCD 12-01A
R
R
R
R
A
A
X
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
A
A
A
A
A
A
1852-160
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.227-14
1852.227-17
1852.227-19
1852.227-70
1852.227-71
1852.227-72
Provision or Clause
Title
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Date
Prescribed In
Rights in Data-General
RESERVED
(APR 2015) modifies 1827.409(b)(1)
FAR clause
Commercial Computer
Software--Restricted
Rights.
New TechnologyOther than a Small
Business Firm or
Nonprofit Organization
Requests for Waiver of
Rights to Inventions
(JUL 1997) modifies
FAR clause
Designation of New
Technology
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
C
I IBR
App Dev
FP
SUP
CR
SUP
A
A
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
A
A
A
A
A
A
A
A
1827.409(k)(i) and
(ii)
C
I
IBR
(APR 2015)
1827.303(d)(1)
C*
G
IBR
A
A
A
A
A
A
A
A
(APR 2015)
1827.303(d)(2)
P
L
IBR
A
A
A
A
A
A
A
A
(APR 2015)
1827.303(d)(3)
C*
G
IBR
A
A
A
A
A
A
A
A
2015 EDITION (Thru PN 23-04)
A
A
A
1852-161
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
Provision or Clause
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
Title
1852.227-84
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
Date
Prescribed In
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
Patent Rights Clauses
(APR 2015)
1827.303(a)(1)
P
L
IBR
1852.227-85
Invention Reporting
and Rights--Foreign
(APR 2015)
1827.303(e)(1)
C*
G
IBR
1852.227-86
Commercial Computer
Software--Licensing
(APR 2015)
1827.409(g)
C
G
IBR
A
A
(APR 2015)
1827.409(m)(1)
and (2)
C
I
IBR
A
A
1852.227-88
Representative and
Patent Representative
Government-furnished
Computer Software
2015 EDITION (Thru PN 23-04)
App Dev
FP
SUP
CR
SUP
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
1852-162
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
Provision or Clause
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
Title
1852.228-70
Aircraft Ground and
Flight Risk
1852.228-71
Date
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
Prescribed In
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
(OCT 1996)
1828.370(a)
C*
H
IBR
Aircraft Flight Risks
(DEC 1988)
1828.311-270(a)
C
H
IBR
1852.228-75
Minimum Insurance
Coverage
(OCT 1988)
1828.372
C
I
IBR
1852.228-76
Cross-Waiver of
Liability for
International Space
Station Activities
(OCT 2012)
1828.371(c) and
(d)
C*
H
IBR
and Related Technical
Data.
2015 EDITION (Thru PN 23-04)
X
App Dev
FP
SUP
CR
SUP
A
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
A
A
X
A
A
A
A
A
A
A
A
A
A
A
O
O
O
O
O
O
O
O
O
O
O
O
A
A
A
A
A
A
A
A
A
A
A
A
1852-163
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.228-78
1852.228-80
1852.228-81
1852.228-82
1852.231-70
Provision or Clause
Title
Date
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Prescribed In
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
C* H IBR
App Dev
FP
SUP
CR
SUP
A
A
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
Cross-Waiver of
Liability for Science or
Space Exploration
Activities Unrelated to
International Space
Station
Insurance--Immunity
from Tort Liability
(OCT 2012)
1828.371(b) and
(d)
(SEP 2000)
1828.311-270(b)
P
L
IBR
R
Insurance--Partial
Immunity From Tort
Liability
Insurance--Total
Immunity From Tort
Liability
Precontract Costs
(SEP 2000)
1828.311-270(c)
C
I
IBR
A
(SEP 2000)
1828.311-270(d)
C
I
(JUN 1995)
1831.205-70
C
I
2015 EDITION (Thru PN 23-04)
IBR
FT
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
X
A
A
A
A
1852-164
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.231-71
Provision or Clause
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
Date
Prescribed In
Determination of
Compensation
Reasonableness
NASA Modification of
FAR 52.232-12
(APR 2015)
1831.205-671
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
P
L
FT
X
(APR 2015)
1832.412-70
C
I
FT
X
1852.232-77
Limitation of Funds
(Fixed Price Contract)
(MAR 1989)
1832.705-270(a)
C
H
FT
X
1852.232-79
Payment for On-Site
Preparatory Costs
(SEP 1987)
1832.111-70
C
I
IBR
1852.232-80
Submission of
Vouchers/Invoices for
Payment
Contract Funding
(APR 2018)
1832.908-70
C
G
FT
(JUNE 1990)
1832.705-270(b)
C
B
FT
1852.232-70
1852.232-81
Title
Fixed-Price Supply
2015 EDITION (Thru PN 23-04)
App Dev
FP
SUP
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
A
A
X
CR
SUP
A
A
A
A
A
A
A
A
A
A
A
A
A
R
R
A
A
A
A
R
A
A
A
A
A
R
X
X
R
A
R
R
A
R
R
A
R
A
R
1852-165
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.232-82
Provision or Clause
Title
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
Date
Prescribed In
(MAR 1989)
1832.502-470
1852.233-70
Submission of
Requests for Progress
Payments
Protest to NASA
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
C
G
FT
X
(DEC 2015)
1833.106-70
P
L
IBR
1852.234-1
(Deviation)
Notice of Earned Value
Management System
(NOV 2015)
(Deviation)
PCD 15-05
P
L
FT
1852.234-2
(Deviation)
Earned Value
Management System
(NOV 2015)
(Deviation)
PCD 15-05
C
I
1852.234-2
Alternate I
(NOV 2006)
PCD 15-05
C
1852.235-70
Center for Aerospace
Information
(DEC 2006)
1835.070(a)
1852.235-71
Key Personnel and
Facilities
(MAR 1989)
1835.070(b)
2015 EDITION (Thru PN 23-04)
App Dev
FP
SUP
CR
SUP
O
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
O
O
O
O
O
O
R
R
R
R
R
R
R
R
R
R
R
PCD 15-05
A
A
A
A
A
A
A
A
A
FT
PCD 15-05
A
A
A
A
A
A
A
A
A
I
IBR
PCD 15-05
A
A
A
A
A
A
A
A
A
C
I
IBR
A
R
R
C
H
FT
A
A
X
A
A
A
A
A
A
1852-166
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.235-72
1852.235-73
Provision or Clause
Title
Instructions for
Responding to NASA
Research
Announcements
Final Scientific and
Technical Reports
Date
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Prescribed In
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
(JUL 2016)
1835.070(c)
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
P
L IBR
App Dev
FP
SUP
CR
SUP
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
(DEC 2006)
1835.070(d)
C
H
IBR
A
R
R
A
A
A
A
A
A
A
O
1852.235-73
Alternate I
(FEB 2003)
1835.070(d)(1)
C
H
IBR
A
A
A
A
1852.235-73
Alternate II
(DEC 2005)
1835.070(d)(2)
C
H
IBR
A
A
A
A
1852.235-73
Alternate III
(JAN 2005)
1835.070(d)(3)
C
H
IBR
1852.235-74
Additional Reports of
Work--Research and
Development
(FEB 2003)
1835.070(e)
C
H
FT
A
A
2015 EDITION (Thru PN 23-04)
A
X
X
A
A
1852-167
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
Provision or Clause
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Prescribed In
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
Clause/
Provision
Number
1852.236-71
Title
Additive or Deductive
Items
(MAR 1989)
1836.570(a)
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
P
L IBR
1852.236-72
Bids With Unit Prices
(MAR 1989)
1836.570(b)
P
L
IBR
A
1852.236-73
Hurricane Plan
(DEC 1988)
1836.570(c)
C
I
IBR
A
A
1852.236-74
Magnitude of
Requirement
Partnering for
Construction Contracts
(DEC 1988)
1836.570(d)
P
L
FT
A
A
(AUG 1998)
1836.7004
C
H
FT
O
O
A
A
1852.236-75
Date
Fixed-Price Supply
1852.237-70
Emergency Evacuation
Procedures
(DEC 1988)
1837.110-70(a)
C
I
IBR
1852.237-71
Pension Portability
(JAN 1997)
1837.110-70(b)
C*
I
IBR
1852.237-72
Access to Sensitive
Information
(JUN 2005)
1837.203-72(a)
C
I
IBR
2015 EDITION (Thru PN 23-04)
App Dev
FP
SUP
CR
SUP
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
A
X
X
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
1852-168
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
Provision or Clause
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.237-73
Title
1852.239-70
1852.239-70
1852.239-73
(Deviation)
1852.239-74
(Deviation)
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
Date
Prescribed In
Release of Sensitive
Information
(JUN 2005)
1837.203-72(b)
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
C
I IBR
Alternate Delivery
Points
Alternate I
(NOV 1993)
1839.107-70(a)(1)
C
F
FT
X
(NOV 1993)
1839.107-70(a)(2)
C
F
FT
X
Review of the
Offeror’s Information
Technology Systems
Supply Chain
Information
Technology System
Supply Chain Risk
Assessment
APR 2016
(Deviation)
PCD 15-03D
P
L
FT
X
X
APR 2016
(Deviation)
PCD 15-03D
C
I
FT
X
X
2015 EDITION (Thru PN 23-04)
App Dev
FP
SUP
CR
SUP
R
R
A
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
R
R
A
A
A
A
A
A
A
A
A
PCD 15-03D
A
A
A
A
A
A
A
A
A
A
PCD 15-03D
A
A
A
A
A
A
A
A
A
A
X
R
R
R
R
R
R
R
R
R
R
A
A
A
A
A
A
1852-169
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
Provision or Clause
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
R = Required
A = Required-When-Applicable
O = Optional
Title
Travel Outside of the
United States
(DEC 1988)
1842.7002
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
C
G IBR
1852.242-72
Denied Access to
NASA Facilities
(OCT 2015)
1842.7001
C
H
IBR
A
A
A
A
A
A
1852.242-73
(NOV 2004)
1842.7202
C*
G
IBR
A
R
A
R
A
(APR 2001)
1842.7003
C
I
IBR
A
A
A
A
A
1852.243-70
NASA Contractor
Financial Management
Reporting
Emergency Medical
Services and
Evacuation
RESERVED
1852.243-71
RESERVED
1852.243-72
Equitable Adjustments
(APR 1998)
1843.205-70
C
H
IBR
2015 EDITION (Thru PN 23-04)
Prescribed In
Clause
application
Clause/
Provision
Number
1852.242-71
1852.242-78
Date
Fixed-Price Supply
X
App Dev
FP
SUP
CR
SUP
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
A
A
A
A
A
A
A
A
A
A
A
R
A
R
R
A
R
A
A
A
A
A
A
A
A
O
1852-170
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.244-70
1852.245-70
1852.245-70
1852.245-71
1852.245-71
1852.245-72
Provision or Clause
Title
Geographic
Participation in the
Aerospace Program
Contractor Requests
for Governmentfurnished Property
Alternate I
Date
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Prescribed In
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
C* H IBR
App Dev
FP
SUP
CR
SUP
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
(APR 1985)
1844.204-70
(AUG 2015)
1845.107–70 (a)(1) C
G
IBR
A
A
A
A
A
(AUG 2015)
1845.107–70 (a)(2) C
G
IBR
A
A
A
A
A
Installation—
Accountable
Government Property
Alternate I
(JUN 2018)
1845.107-70(b)(1)
C
G
FT
(JAN 2011)
1845.107-70 (b)(4) C
G
FT
Liability for
Government Property
Furnished for Repair or
Other Services
(JAN 2011)
1845.107-70 (c)
I
IBR
2015 EDITION (Thru PN 23-04)
C
X
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
1852-171
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
Provision or Clause
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.245-73
Title
1852.245-74
1852.245-75
1852.245-76
1852.245-77
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
Date
Prescribed In
Financial Reporting of
NASA Property in the
Custody of Contractors
(JAN 2017)
1845.107-70(d)
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
C
G
FT X
Identification and
Marking of
Government
Equipment
Property Management
Changes
(JAN 2011)
1845.107-70 (e)
C
D
FT
(JAN 2011)
1845.107-70 (f)
C
G
IBR
List of Government
Property Furnished
Pursuant to FAR
52.245–1
List of Government
Property Furnished
(JAN 2011)
1845.107-70 (g)
C
G
FT
(JAN 2011)
1845.107-70 (h)
C
G
FT
2015 EDITION (Thru PN 23-04)
FP
SUP
CR
SUP
A
A
A
A
A
A
X
A
X
A
X
App Dev
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
1852-172
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
Provision or Clause
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
Title
1852.245-78
Physical Inventory of
Capital Personal
Property
Records and
Disposition Reports for
Government Property
with Potential Historic
or Significant Real
Value
Government Property
Management
Information
Alternate I
1852.245-79
1852.245-80
1852.245-80
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
Date
Prescribed In
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
(AUG 2015)
1845.107-70(i)
C
G
(JAN 2011)
1845.107-70(j)
C
(JAN 2011)
1845.107-70(k)(1)
(JAN 2011)
1845.107-70(k)(2)
Pursuant to FAR
52.245–2
2015 EDITION (Thru PN 23-04)
FP
SUP
CR
SUP
IBR
A
A
A
A
A
A
G
IBR
A
A
A
A
A
A
P
L
FT
A
A
A
A
A
A
A
P
L
FT
A
A
A
A
A
A
A
X
App Dev
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
1852-173
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
Provision or Clause
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.245-81
Title
1852.245-82
1852.245-83
1852.246-71
1852.246-72
1852.246-73
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
Clause
application
R = Required
A = Required-When-Applicable
O = Optional
Date
Prescribed In
List of Available
Government Property
(JAN 2011)
1845.107-70(l)
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
P
L
FT X
Occupancy
Management
Requirements
Real Property
Management
Requirements
Government Contract
Quality Assurance
Functions
Material Inspection
and Receiving Report
Human Space Flight
Item
(SEP 2017)
1845.107-70(m)
C
G
FT
(JAN 2011)
1845.107-70 (n)
C
G
(OCT 1988)
1846.470
C
(APR 2015)
1846.674
(MAR 1997)
1846.370
2015 EDITION (Thru PN 23-04)
App Dev
FP
SUP
CR
SUP
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
A
A
A
A
A
A
A
A
A
A
A
X
A
A
A
A
A
A
A
A
A
A
A
FT
X
A
A
A
A
A
A
A
A
A
A
E
FT
X
X
O
O
O
O
O
O
O
O
O
O
O
C
E
FT
X
X
A
A
A
A
A
A
A
A
A
A
A
C*
E
IBR
A
A
A
A
A
A
A
A
1852-174
NASA Federal Acquisition Regulation Supplement
Part 1852—Solicitation Provisions and Contract Clauses
SUBPART 1852.301—SOLICITATION PROVISIONS AND CONTRACT CLAUSES MATRIX
(Revised September 11, 2018)
Key:
P or
C
*
FP
SUP
* indicates the clause flows-down CR
to subcontracts
SUP
UCF Uniform Contract Format Section FP
R&D
IBR
Indicates whether the clause may CR
or FT be incorporated by reference (IBR) R&D
or must be used in full text (FT).
Fill“X” indicates the clause requires
FP
in
text to be filled-in by the CO.
SVC
Mod
“X” indicates the CO is authorized CR
or
to make specific modifications to
SVC
Sub
the clause or to use the clause on a
"substantially as
stated/substantially the same as
basis.
App “X” indicates the clause has an
FP
Dev
approved deviation. The PCD
CON
authorizing the deviation is listed.
Clause/
Provision
Number
1852.246-74
1852.247-71
1852.247-72
1852.247-73
Provision or Clause
Title
Counterfeit Electronic
Part Detection and
Avoidance
Protection of the
Florida Manatee
Advance Notice of
Shipment
Bills of Lading
Date
Fixed-Price Supply
CR CON
Cost-Reimbursement Supply
T&M LH
Cost-Reimbursement
Construction
Time & Material/Labor Hour
Fixed-Price Research and
Development
Cost-Reimbursement Research
and Development
A&E
Architect-Engineering
ID DEL
Indefinite Delivery
Fixed-Price Service
TRN
Transportation
Cost-Reimbursement Service
SAP
Simplified Acquisition
Procedures
Commercial Item
CI
Fixed-Price Construction
R = Required
A = Required-When-Applicable
O = Optional
(SEP 2020)
1846.7003
P UCF IBR Fill Mod
or
or In
or
C
FT
Sub
C
I IBR
(JUN 2018)
1847.7001
C*
H
IBR
(OCT 1988)
1847.305-70(a)
C
F
FT
X
X
O
O
O
(JUN 2002)
1847.305-70(b)
C
F
FT
X
X
O
O
O
2015 EDITION (Thru PN 23-04)
Prescribed In
Clause
application
App Dev
FP
SUP
CR
SUP
FP
CR FP CR
FP CR T&M A&E ID TRN SAP CI
R&D R&D SVC SVC CON CON LH
DEL
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
O
O
O
O
O
O
O
O
1852-175
NASA Federal Acquisition Regulation Supplement
Part 1853—Forms
PART 1853
FORMS
(Revised November 3, 2017)
TABLE OF CONTENTS
SUBPART
1853.100
1853.101
1853.103
1853.105
1853.107
1853.108
1853.1
GENERAL
Scope of subpart.
Requirements for use of forms.
Exceptions.
Computer generation.
Obtaining forms.
Recommendations concerning forms.
SUBPART
1853.200
1853.204
1853.204-70
1853.2
PRESCRIPTION OF FORMS
Scope of subpart.
Administrative matters.
General (NASA Forms 533M, 533Q, 1098, 1611, 1612,
and Department of Defense Forms 1593 and 1594).
Required sources of supplies and services.
Other Government sources (Department of Energy Form CA-1090.COM, Nuclear Regulatory Commission Form 313).
Contracting by negotiation.
Price negotiation (NASA Form 634 and Department of Defense
Form 1861).
Types of contracts.
Assignees under cost-reimbursement contracts (NASA Forms
778, 779, 780, and 781).
Special contracting methods (NASA Form 523).
Foreign Acquisition (Customs Form 7501).
Contract administration.
Delegation (NASA Forms 1430, 1430A, 1431, 1433, and 1634)
and service request (NASA Form 1434).
Property (NASA Form 1018).
Quality assurance (Department of Defense Forms 250 and 250c).
Termination of contracts (NASA Forms 1412, 1413).
1853.3
ILLUSTRATIONS OF FORMS
Scope of subpart.
Standard forms.
Agency forms.
1853.208
1853.208-70
1853.215
1853.215-70
1853.216
1853.216-70
1853.217
1853.225
1853.242
1853.242-70
1853.245-70
1853.246
1853.249-70
SUBPART
1853.300
1853.301
1853.303
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Part 1853—Forms
PART 1853
FORMS
Subpart 1853.1—General
1853.100 Scope of subpart.
This subpart contains information regarding the forms prescribed in this regulation. Unless
specified otherwise, the policies in FAR Part 53 apply to NASA-prescribed forms.
1853.101 Requirements for use of forms.
The requirements for use of the forms in this part are contained in NFS parts 1801 through 1852
where the subject matter applicable to each form is addressed. The specific location of each form's
prescription is identified in subpart 1853.2.
1853.103 Exceptions.
(1) Requests for exceptions to standard or optional forms shall be forwarded through the
center forms manager to the Headquarters Office of Procurement, Procurement Management &
Policy Division.
(2) Alteration of any form in this part is prohibited unless prior approval has been obtained
from the Headquarters Office of Procurement, Procurement Management & Policy Division.
Requests for alteration shall show suggested additions and/or deletions to the form and shall be
coordinated with the center forms manager before transmittal to the Headquarters Office of
Procurement, Procurement Management & Policy Division.
(3) Use for the same purpose of any form other than one prescribed by this Regulation
requires prior approval of Headquarters Office of Procurement, Procurement Management &
Policy Division.
1853.105 Computer generation.
Forms prescribed by this Regulation may be adapted for computer preparation providing there is
no change to the name, content, or sequence of the data elements, and the form carries the form
number and edition date.
1853.107 Obtaining forms.
(c)(i) NASA centers and offices may obtain the electronic forms prescribed in the FAR at
https://www.gsa.gov/reference/forms or prescribed in this Regulation at https://nef.nasa.gov/. To
request non-electronic hard copy of any NASA form in this part, contact the Enterprise Service
Desk as described on the NASA Electronic Forms website.
(ii) Contracting officers, at the time of contract award, shall ensure that contractors
are notified of the procedures for obtaining NASA forms required for performance under the
contract.
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Part 1853—Forms
1853.108 Recommendations concerning forms.
Headquarters Office of Procurement, Procurement Management & Policy Division is the office
responsible for submitting form recommendations.
Subpart 1853.2—Prescription of Forms
1853.200 Scope of subpart.
This subpart summarizes the prescriptions of NASA forms and other forms adopted by NASA for
use in acquisition.
1853.204 Administrative matters.
1853.204-70 General (NASA Forms 533M, 533Q, 1098, 1611, 1612, and Department of
Defense Forms 1593 and 1594).
(a) The following forms are prescribed in 1842.72:
(1) NASA Form 533M, Monthly Contractor Financial Management Report.
(2) NASA Form 533Q, Quarterly Contractor Financial Management Report.
(b) NASA Form 1098, Checklist for Contract Award File Content. Prescribed in
1804.803-70.
(c) The following forms are prescribed in 1804.804-2 and 1804.804-5.
(1) NASA Form 1611, Contract Completion Statement.
(2) DD Form 1594, Contract Completion Statement.
(d) The following forms are prescribed in 1804.804-5:
(1) NASA Form 1612, Contract Closeout Checklist.
(2) DD Form 1593, Contract Administration Completion Record.
1853.208 Required sources of supplies and services.
1853.208-70 Other Government sources (Department of Energy Form CA-10-90.COM,
Nuclear Regulatory Commission Form 313).
(a) U.S. Department of Energy Isotope and Technical Service Order Form CA-1090.COM. Prescribed in 1808.003-70(a).
(b) Nuclear Regulatory Commission Form NRC Form 313, Application for Materials
License. Prescribed in 1808.003-70(a).
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Part 1853—Forms
1853.215 Contracting by negotiation.
1853.215-70 Price negotiation (NASA Form 634 and Department of Defense Form 1861).
470.
(a) NASA Form 634, Structured Approach—Profit/Fee Objective. Prescribed in 1815.404-
(b) DD Form 1861, Contract Facilities Capital Cost of Money. Prescribed in 1830.70,
and instructions for completion are in 1830.7001-2.
1853.216 Types of contracts.
1853.216-70 Assignees under cost-reimbursement contracts (NASA Forms 778, 779, 780, and
781).
The following forms are prescribed in 1852.216-89:
(a) NASA Form 778, Contractor's Release.
(b) NASA Form 779, Assignee's Release.
(c) NASA Form 780, Contractor's Assignment of Refunds, Rebates, Credits, and Other
Amounts.
(d) NASA Form 781, Assignee’s Assignment of Refunds, Rebates, Credits, and Other
Amounts.
1853.217 Special contracting methods (NASA Form 523).
NASA Form 523, NASA-Interagency Purchase Request. Prescribed in 1817.503(b).
1853.225 Foreign Acquisition (Customs Form 7501).
CBP Form 7501, Entry Summary. Prescribed in 1825.903 and 14 CFR 1217.104.
1853.242 Contract administration.
1853.242-70 Delegation (NASA Forms 1430, 1430A, 1430B, 1430C, 1430D, 1431, 1432, 1433,
and 1634) and service request (NASA Form 1434).
(a) NASA Form 1430, Letter of Contract Administration Delegation, General. Prescribed
in 1842.202(b)(ii).
(b) NASA Form 1430A, Letter of Contract Administration Delegation, Special
Instructions. Prescribed in 1842.202(b)(ii).
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(c) NASA Form 1431, Letter of Acceptance of Contract Administration Delegation.
Prescribed in 1842.202(b)(iii).
(d) NASA Form 1433, Letter of Audit Delegation. Prescribed in 1842.202(b)(iv).
(e) NASA Form 1634, Contracting Officer Representative (COR) Delegation. Prescribed
in 1801.602-2(d)(iii).
(f) NASA Form 1434, Letter of Request for Pricing-Audit-Technical Evaluation Services.
Prescribed in 1815.404-2(a)(1)(D).
1853.245-70 Property (NASA Form 1018).
NASA Form 1018, NASA Property in the Custody of Contractors. Prescribed in 1852.245-73.
Instructions for form completion are in 1845.7101.
1853.246 Quality Assurance (Department of Defense Forms 250 and 250c).
The following forms are prescribed in 1846.670. Instructions for form completion are in
1846.672:
(a) DD Form 250, Material Inspection and Receiving Report.
(b) DD Form 250C, Material Inspection and Receiving Report- Continuation Sheet.
1853.249-70 Termination of contracts (NASA Forms 1412, 1413).
(a) NASA Form 1412, Termination Authority. Prescribed in 1849.101-71.
(b) NASA Form 1413, Termination Docket Checklist. Prescribed in 1849.105-70.
Subpart 1853.3—Illustrations of Forms
1853.300 Scope of subpart.
This subpart contains illustrations of NASA forms and other forms used by NASA in acquisitions
and not prescribed in the FAR.
1853.301 Standard forms.
This section illustrates standard forms (SFs) specified for use in acquisitions.
1853.303 Agency forms.
This section illustrates NASA and other agency forms specified for use in acquisitions. The other
agency forms are arranged numerically by agency following the NASA forms.
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Part 1871—Reserved
NO NFS TEXT
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Part 1872—Acquisitions of Investigations
PART 1872
ACQUISITION OF FLIGHT INVESTIGATIONS
TABLE OF CONTENTS
1872.000
1872.001
Scope of part.
Definitions.
SUBPART
1872.101
1872.102
1872.103
1872.104
1872.105
1872.106
1872.1
THE FLIGHT INVESTIGATION ACQUISITION SYSTEM
General.
Key features of the system.
Management authorities and responsibilities.
Procurement integrity and conflicts of interest.
Organizational conflicts of interest.
Confidentiality of proposal information and trade secrets.
SUBPART
1872.201
1872.202
1872.203
1872.2
APPLICABILITY
General.
Criteria for determining applicability.
Approval.
SUBPART
1872.301
1872.302
1872.303
1872.304
1872.305
1872.306
1872.3
THE ANNOUNCEMENT OF OPPORTUNITY
General.
Preparatory effort.
Responsibilities.
Proposal opportunity period.
Guidelines for the Announcement of Opportunity.
Proposals submitted by NASA investigators.
SUBPART
1872.401
1872.402
1872.403
1872.404
1872.405
1872.406
1872.407
1872.408
1872.4
EVALUATION OF PROPOSALS
General.
Criteria and Factors.
Assessment.
Categorization.
Validation.
Accommodation.
Variations in Validation and Accommodation.
Two-Step acquisitions.
SUBPART
1872.501
1872.502
1872.503
1872.504
1872.5
RECOMMENDATION, SELECTION, AND DEBRIEFING
General.
Recommendation.
Selection.
Award, notification of proposers, and debriefing.
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Part 1872—Acquisitions of Investigations
PART 1872
ACQUISITION OF FLIGHT INVESTIGATIONS
1872.000 Scope of Part.
This part prescribes policies and procedures for the acquisition of flight investigations.
1872.001 Definitions.
“An investigation,” means a goal-driven effort to obtain new scientific or technical knowledge that
includes both acquiring and analyzing data and designing, developing or adapting, deploying, and
operating flight instrumentation and necessary platform flight systems.
“Implementation merit and feasibility” means the capacity of a proposed investigation
implementation, if successfully deployed and operated, to achieve its planned scientific or
technical objectives.
Subpart 1872.1—The Flight Investigation Acquisition System
1872.101 General.
The investigation acquisition system depends on the participation of investigators in the
definition and selection of investigations that contribute most effectively to the advancement of
NASA's scientific and technological objectives. It is a system separate from the general Federal
acquisition process for goods and services, but requires similar management and discipline to
assure compliance with statutory requirements and considerations of equity and quality. Its
primary application is the acquisition of science, exploration, or technology space flight
investigations via complete flight instrumentation and, where required, platform flight systems.
1872.102 Key features of the system.
(a) Use of the system commences with the determination by the originating Mission
Directorate Associate Administrator (MDAA) that the acquisition process is appropriate for a
program (but see 1872.202). The Announcement of Opportunity (AO) is recognized as a type of
full and open competition (10 U.S.C. 2302 (2)(B)). The AO is a form of Broad Agency
Announcement (BAA) (see FAR 35.016 and 1835.016 for general BAA requirements) and
supports an open, fair and transparent competitive evaluation and selection process that is based
on review of proposals by peer scientists or other appropriate technical experts applying their
communities’ standards of merit. An AO does not specify the investigations to be proposed but
solicits investigator ideas that can contribute to broad, publicly documented objectives. A formal
competitive evaluation process is utilized to determine which submitted proposal(s) shall be
selected. Evaluations for merit and feasibility are conducted by peer experts in the fields
represented in the proposals. Care is taken to avoid personal and organizational conflicts of
interest, both actual and perceived. Evaluators are chosen by NASA and may be from NASA,
other Government agencies, universities, or the commercial sector, or other experts. In addition
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to the evaluation for intrinsic merit and implementation merit and feasibility, aspects of
engineering, cost, schedule, management, and risk are reviewed by specialists in those areas.
The evaluation results are combined with considerations of relevance and affordability and other
programmatic factors to determine investigation(s) to be selected.
(b) The AO acquisition system incorporates the following key elements (“phases”) and
component sub-elements (“processes”):
(1) The Announcement of Opportunity (see 1872.3)
(2) Evaluation of Proposals (see 1872.4; processes defined in 1872.401)
(3) Recommendation, Selection, and Debriefing (see 1872.5; processes defined in
1872.501).
(c) Some AO acquisitions are conducted using a two-step system, where a subset of
submitted proposals are selected through the processes describe in 1872.408(a).
1872.103 Management authorities and responsibilities.
(a) For simplicity, this policy assumes that an acquisition is sponsored by a division
within a directorate that is responsible for its execution. The policy and its phases and processes
can be mapped onto other organizational structures as needed. The authorities and
responsibilities for the major phases and their component processes emanate from the MDAA
and are exercised as follows:
(1) The MDAA retains the authority and responsibility for final approval of the
AO and its release as well as for proposal evaluation and resulting selection(s).
(2) The sponsoring division of a solicitation is responsible for development of the
AO (see 1872.3), management and oversight of the assessment (see 1872.403) and
Accommodation (see 1872.406) processes of the Evaluation phase as well as the
recommendation (see 1872.502), and award, notification of proposers, and debriefing (see
1872.504) processes of the Recommendation, Selection, and Debriefing phase. During AO
preparation, the division is responsible for adapting (if necessary) the standard evaluation criteria
(see 1872.402) and development of any optional specialty criteria required for the acquisition.
Examples of a specialty criterion would be an additional criterion for evaluating proposed
technology demonstrations or student investigations. The division designates a Division
Program Acquisition Lead (AL) to carry out these functions.
(3) The management and oversight of the categorization (see 1872.404) and validation
(see 1872.405) processes of the evaluation phase, and of the selection process (see 1872.503) of
the recommendation and selection phase, are the responsibility of a senior directorate-level
official appointed by the MDAA as Directorate AL. The Directorate designates a Technical,
Management, and Cost (TMC) Acquisition Manager (TAM) to oversee the TMC assessments,
including development of the TMC feasibility evaluation reports and to represent their results
during subsequent acquisition phases. During the acquisition process, the TAM works closely
with the Division Program AL.
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(b) The MDAA, or other Selection Official if designated by the MDAA, selects the
proposal(s) that are to be funded for execution.
(c) The Principal Investigator (PI) on each selected proposal is assigned responsibility
and authority for success of the investigation through a contract between NASA and his or her
institution. A contract is the preferred instrument for an AO award because the Agency’s
investment in a flight investigation is large and only a contract provides sufficient enforcement
and insight mechanisms to ensure that this investment is well managed. However, for awards to
a NASA Center or other Government entities, other appropriate instruments are used.
Participation by foreign investigators, or by U.S. investigators in a foreign program, is defined
and governed on a no-exchange of funds basis by a formal international Space Act Agreement
between NASA and the foreign sponsoring governmental agency or responsible entity (per NPD
1360.2).
(d) The MDAA may delegate Program Management responsibility for overseeing
execution of the selected investigation(s) to a Program Office.
1872.104 Procurement integrity and conflicts of interest.
(a) Every participant in the AO process shall be individually responsible for following
applicable standards of conduct. Participants in the AO process are engaged in a Federal
acquisition process, which is subject to overarching statutes and regulations, including the
Federal Acquisition Regulation (FAR), which states: “Government business shall be conducted
in a manner above reproach, except as authorized by statute or regulation, with complete
impartiality and with preferential treatment for none.” (see FAR 3.101-1) Government
employees and non-government employees involved in the AO process are all obligated to
conduct themselves in accordance with applicable ethical standards.
(1) Government employees, including Inter-governmental Personnel Act (IPA)
appointees, are subject to and deemed to know their obligations under all applicable statutes and
regulations governing the conduct of their official responsibilities. Participants’ attention is
directed, in particular, to the following statutes and regulations that are regularly applied in
NASA acquisition matters:
(A) 18 U.S.C Section 208, which prohibits participation in a particular
matter, such as an AO acquisition, while holding a personal financial interest in a party involved
in the acquisition;
(B) The Standards of Ethical Conduct for Employees of the Executive
Branch, 5 C.F.R. part 2635 (note, in particular, those provisions defining parties with whom an
employee has a covered relationship);
(C) FAR 3.101, Improper Business Practices and Personal Conflicts of
Interest, and 1803.101; and
(D) The Procurement Integrity Act, 41 U.S.C. Chapter 21, as applicable.
(2) Non-government employee participants in the AO process are subject to—
(A) Applicable portions of FAR 3.101, Improper Business Practices and
Personal Conflicts of Interest and corresponding provisions of 1803.1;
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(B) Applicable provisions of Procurement Integrity Act, 41 U.S.C.
Section 2102 et seq. (Prohibitions on disclosing and obtaining procurement information);
(C) NASA Agency and Mission Directorate policies governing actual and
apparent conflicts of interest, to the extent those policies are incorporated into contracts, as well
as all instructions in the NASA Solicitation and Proposal Integrated Review and Evaluation
System (NSPIRES); and
(D) Clause(s) of any contract or agreement, between the government and
the Participant or the Participant’s employer, under which the participant supports an AO process
and which prohibits, restricts or places conditions upon participation in any government
acquisition.
(b) Participants are deemed to have knowledge of the parties (companies, universities,
non-profit organizations, and governmental organizations) proposing to NASA under the AO
acquisition. The Division Program AL is responsible for compilation of a list of parties
proposing under an AO as soon as possible after proposals are submitted and shall distribute the
list to AO acquisition process participants before the proposal evaluation (or the individual
participant’s evaluation activity) begins. This list shall include proposing organizations, as well
as every party named in a proposal as a co-proposing organization or funded participant in the
proposed investigation.
(c) Each AO acquisition process participant shall review the list of parties involved in
the acquisition and identify all parties with whom the participant has an interest or covered
relationship. The participant shall report all such interests and relationships to the Directorate or
Division Program AL and Office of the General Counsel (OGC) before commencing any
participation in the acquisition, including attendance at any meeting pertaining to the acquisition.
The Directorate or Division Program AL shall require acquisition meeting attendees to sign in on
a meeting attendance sheet, which will remind the attendees of their obligation to ensure that any
report of a conflicting interest or relationship be resolved with the assistance of agency counsel
prior to the meeting. Any government employee who has filed either an OGE Form 278 or OGE
450 shall be aware that the assets and positions reported there may not include all interests that
could give rise to a conflict, that filing a disclosure report does not, by itself, resolve a conflict,
and that resolution of a conflict reported for a prior acquisition does not resolve the conflict for
the present and subsequent acquisitions.
1872.105 Organizational conflicts of interest.
Organizational conflicts of interest can arise from a variety of circumstances in which a party
competing in a government acquisition has a conflicting role potentially resulting in that party
obtaining an unfair competitive advantage. Circumstances creating an actual or apparent
organizational conflict of interest include, but are not limited to, an organization assisting or
advising a government agency in its acquisition, having access to nonpublic information
pertaining to the acquisition or a competing party, or having some role in defining Government
requirements. Any AO process participant who becomes aware that a competing organization:
supports the government in conducting the acquisition; has access to nonpublic information
about the AO acquisition; contributes to preparation of the AO solicitation; or plays any role in
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the AO process affording that organization a competitive advantage; shall notify the Division
Program AL and the OGC of these circumstances. A government employee whose
organizational unit (at NASA, the organizational unit is the Center) is performing a role related
to an AO (either in support of the government administration of the AO, or as a member of a
team competing under the AO), shall seek instruction from the Division Program AL and the
OGC before engaging as a participant in the AO.
1872.106 Confidentiality of proposal information and trade secrets.
(a) Participants in the AO process shall properly handle and maintain the confidentiality
of proposal information, trade secrets and source selection information (as defined by FAR
section 2.101) obtained through the AO process. The following statutes, regulations and
standards apply to all participants in the AO process:
(1) The Procurement Integrity Act, 41 U.S.C. 2102 et seq.;
(2) FAR section 3.104-4 (Disclosure, protection and marking contractor bid or
proposal information and source selection information); and
(3) All instructions for proposal handling and non-disclosure agreements in
NSPIRES.
(b) In addition to the statutes and regulations listed in paragraph (a) of this section,
Government employees are subject to the Trade Secrets Act, 18 U.S.C. 1905, which imposes
criminal sanctions for mishandling of trade secrets.
(c) Non-NASA employees are subject to clause(s) of any contract or agreement between
the government and the participant or the participant’s employer, under which the participant
supports an AO process and which prohibits, restricts or places conditions upon receipt, handling
and transfer of data.
(d) Participants shall immediately consult the Division Program AL or Directorate AL
when they become aware of any mishandling of proposal information, trade secrets or source
selection information. If needed, participants shall, in consultation with the Division Program
AL or Directorate AL, obtain advice from the OGC concerning the handling of proposal
information, trade secrets and source selection information.
Subpart 1872.2—Applicability
1872.201 General.
The AO system used for acquisition of science, technology, or exploration flight investigations is
different and separate from the Agency procedures for acquisitions for prior known
requirements. A decision to use the AO acquisition system is based on a determination that it is
the most appropriate to meet program needs.
1872.202 Criteria for determining applicability.
The AO system can be used when in conditions in (a) are met and conditions in (b) are not met.
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(a) A general distinction between normal acquisitions for goods or services and AO
investigation acquisitions is that AO proposers define not only how they will accomplish
investigation objectives but also the objectives themselves within the framework of broader
articulated NASA goals. Unlike a proposal responding to a Request for Proposals, an AO
proposal effectively defines a Statement of Work in addition to the approach (and cost) for how
the proposer plans to carry it out. All of the following conditions shall exist for the AO
acquisition system to be applicable:
(1) NASA has a general goal that can be furthered through novel experimental
approaches. To develop such approaches, NASA wishes to draw upon the broadest
possible reservoir of ideas;
(2) It benefits the Agency to be able to choose from among competing objectives
advancing the general goals and their approach for doing so;
(3) Full responsibility and broad authorities for investigation success will be
vested in
the Principal Investigator(s) of selected proposal(s); and
(4) Execution of the selected investigation(s) will be subject to standard flight
program management policies and procedures detailed in NPR 7120.5.
(b) The investigations acquisition process shall not be used when any of the following
characteristics are present:
(1) The requiring office can characterize a requirement sufficiently to define in
advance a common statement of work against which all proposals will be evaluated. This calls
for a Request for Proposals;
(2) The investigation is conducted on collaborative basis that requires close and
ongoing Agency participation in tactical management and decision-making. A proposer may
also offer a partnership contribution to the joint effort. In this case, a Cooperative Agreement
Notice would be appropriate;
(3) The investigation is of modest size and is to be conducted on a best-efforts
basis and deliverables are limited to progress reporting and, if applicable, publication of final
results. In this case a NASA Research Announcement (NRA) solicitation, usually but not always
resulting in a grant (a financial assistance agreement), would be more suitable. Execution of
such investigations may be subject to NPR 7120.8; or
(4) The program is so complex, costly, or risky, as to require specialized
integration or coordination extending over a lengthy period where NASA’s institutional
capabilities may be required for successful execution. Such investigations may be directed to
one of NASA’s Centers. Even in such cases, however, it may be desirable for the reasons in
paragraph (a) above to compete subordinate investigation elements (such as instrumentation) via
one or more AOs.
(c) Typical examples where the use of AOs is most applicable are solicitation of
complete small- and intermediate-size investigations (larger and more costly than suborbitalclass research but smaller and less expensive than the largest and most expensive strategic flight
investigations), of instrument investigations on larger investigations whose overall management
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is assigned to a NASA Center, or of space flight instrument investigations contributed to a nonNASA mission.
1872.203 Approval.
Generally, the MDAA determines whether or not to use the AO acquisition system. On the
largest investigations, a decision whether to use the AO system may be made by the Agency
Acquisition Strategy Process (NPD 1000.5), under the aegis of the NASA Associate
Administrator or designee, based on Agency-level programmatic considerations.
Subpart 1872.3—The Announcement of Opportunity
1872.301 General.
The AO provides a clear statement of the requirements for acceptable proposals (including
proposers’ specification of objectives, technical approach to achieve these objectives, and
management strategies and partnerships), as well as NASA’s method of proposal evaluation and
the format and content of submitted proposals. The purpose of the AO is to obtain from offerors
sufficient information to correctly and equitably assess the relevance, merit, cost, and likelihood
of success (risk) of proposed investigations. The solicitation shall be conducted in such a way as
to ensure that all potentially capable and interested offerors are alerted to the AO’s release
enough in advance and are provided enough background information to enable them to submit
proposals that are fully compliant with AO requirements and can be accurately evaluated.
1872.302 Preparatory effort.
(a) The originating directorate incorporates in AO planning and development the best
available information on opportunities for advancement in the chosen area, including, where
appropriate, results from preparatory studies and exploratory analyses.
(b) The Directorate will—
(1) Forecast the approximate time frame for AO release on an appropriate NASA
web site;
(2) Synopsize the AO in the Governmentwide point of entry (GPE) prior to
release;
(3) Concurrent with AO release, collect relevant technical and other information
necessary for proposal preparation and post this information on the appropriate AO web site (i.e.,
AO solicitation library);
(4) Define AO provisions, including the evaluation process for proposals, that
express a clear exposition of the acquisition’s unique objectives, constraints, and requirements;
and
(5) Post on the web an Evaluation Plan, specific to the AO, preferably concurrent
with the AO release, but certainly well before receipt of proposals. This plan shall detail the
steps in the overall process, including how the evaluations are conducted and their sequence,
procedures for avoiding conflicts of interest, and any special features of the evaluation process.
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(c) In some cases, the best source of the technical support needed to develop key
elements of an AO resides at a NASA Center whose personnel will participate as proposer(s) to
the AO. It is essential, out of concern for possible impairment of judgment or its appearance, to
isolate these personnel and their efforts from individuals at their Center involved in any proposal
development activity for the AO in question. In this case, special steps shall be taken to ensure
process integrity.
(1) At a NASA Center, the line management of AO support personnel shall take
responsibility for training and implementing firewall isolation of the individuals involved from
persons at that Center with proposal participation. The Directorate AL will work with the
Division Program AL and Center management to put the necessary documentation in place.
Except for statutory financial conflicts of interest with non-Governmental participants in
proposals (for which Center Chief Counsel shall be consulted), requirements for avoiding
possible bias or impairment of judgment flow from the Directorate’s widely recognized research
community standards.
(2) At the Jet Propulsion Laboratory (JPL), a formal waiver for an organizational
conflict of interest is also required, and shall be approved by the NASA Headquarters Office of
Procurement (OP). This will involve the Directorate and Division, the JPL NASA Management
Office (NMO), and the OGC.
(d) Additional means of publicizing the AO may also be used, such as press releases,
newsletters, and announcements at professional meetings, as appropriate, consistent with the
policies of equal treatment and maximizing the pool of qualified potential proposers.
1872.303 Responsibilities.
(a) The overall responsibility for issuing AOs resides with the MDAA. The cognizant
MDAA may delegate, with coordination with the OP, responsibility for development of an AO to
a Program Office (see 1872.302(c)(1)).
(b) The originating Directorate is responsible for the content of the AO and its
coordination with other concerned Headquarters offices and, where Headquarters has retained
the task of AO development, with the related Program Office. At Headquarters, development of
the AO and subsequent acquisition steps are generally performed by the Division Program AL
and TAM, under the oversight of the Directorate AL (see 1872.104 (a)(2) and (3)). All
personnel involved in the evaluation of proposals are responsible for familiarizing themselves
and complying with part 1872 and other applicable regulations, including those addressing ethics
and procurement integrity standards (see 1872.105, 106, and 107). To this end, they are
expected to seek advice and guidance as needed from the OP, OGC, and Office of International
and Interagency Relations (OIIR).
(c) The AO is released, with the concurrence of the OP, the OGC, and the Office of
Interagency and International Relations, over the signature of the originating MDAA.
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1872.304 Proposal opportunity period.
(a) It is good practice to issue a draft AO in advance of the final AO, with a subsequent
period for comments and questions, nominally 30 days. If a draft AO has not been released, at a
minimum the key elements of a pending AO shall be described in a community announcement to
the potential proposer community via the NSPIRES and the Governmentwide point of entry
(GPE) no less than 30 days before the release of a final AO. (See FAR 5.201)
(b) Responses to questions about a draft AO judged to be material to preparation of a
responsive proposal will be publicly promulgated via posting by the Division Program AL as
soon as possible on the AO web site. The goal is to ensure that the same AO clarifications are
made available simultaneously to all proposers.
(c) The standard time allocated for proposal submission after release of the final AO is at
least 90 days. Other periods may be used with approval of the Directorate AL.
(d) In general, an AO is issued with a firm and definite proposal submission due date.
Omnibus AOs are issued without specific proposal opportunities; specific proposal opportunities
are added to omnibus AOs by amendment, and each specific proposal opportunity shall have a
firm and definite proposal submission date. However, an AO may be amended with late
clarifications or changes, or to extend the due date to ensure adequate time for development of
quality proposals, for whatever reason. Proposers shall be promptly informed of departures from
provisions in a released AO by the same means as its release NSPIRES.
1872.305 Guidelines for the announcement of opportunity.
(a) An AO shall be tailored to the particular needs of the contemplated investigations and
be complete in itself. To assist AO development and promote consistency between solicitations,
the baseline required format and minimum necessary contents of the AO may be defined in a
template Standard AO. Tailoring may include addition of evaluation Criteria, deletion or
modification of standard evaluation Factors, or incorporation of additional Factors specific to
program requirements (see 1872.402(a)).
(b) An AO shall incorporate proposal instructions and provisions necessary to address
any AO-unique aspects.
(c) Requirements and guidelines for foreign participation in AO-solicited programs shall
be clearly articulated in the AO and be consistent with NPD 1360.2 and NPD 2190.1. Foreign
proposals or U.S. proposals with foreign participation shall be treated in accordance with NFS
1835.016-70.
(d) Proposals shall be submitted electronically via NSPIRES.
(e) Noncompliant (including late) proposals may be declined without review.
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1872.306 Proposals submitted by NASA investigators.
(a) NASA accepts and evaluates proposals submitted by NASA Centers in response to an
AO. A NASA investigator may team with one or more non-Government co-investigators.
(1) The competitive AO process serves as a means of selecting proposals that
offer the best value for the government in accordance with the evaluation factors in the AO.
During the proposal preparation phase, non-government sources are able to assemble their
research teams and select hardware fabricators and service providers without being subject to
procurement rules requiring full and open competition. Although NASA Centers have the same
focus of putting together a winning team, they are bound by the competition requirements of the
Competition in Contracting Act (CICA) and Government ethics standards.
(2) Where a non-government partner/team member is identified in a NASA
Center’s proposal to have substantial involvement in conducting the investigation, but is not also
providing hardware, equipment or instrumentation, selection of the proposal for funding under
the AO satisfies the regulatory competition requirements for any award(s) to the participating
non-government partner/team member(s) named in the proposal. The Center may directly award
a contract to such entity without additional competition or approval of a Justification of Other
than Full and Open Competition (JOFOC). The AO constitutes a competition that encompasses
proposals submitted by all team members of every offeror including NASA Centers.
(3) Acquisition by a NASA Center of supplies or services that do not constitute
research, i.e., equipment, materials, software, facilities, or non-research services incidental to the
proposed investigation, shall be treated differently. Examples of non-research services include
program/project management assistance, supplies, and/or administrative support services.
Procurement requirements for competition under an AO are not satisfied by the AO competition
itself for acquisition of non-research supplies and services. Such items may be acquired under
existing contract vehicles. Otherwise, they shall be acquired through a newly competed contract
or acquired non-competitively with support of a JOFOC.
(b) In addition to complying with proposal preparation instructions contained in the AO,
proposals submitted by NASA Centers shall address the following matters:
(1) Co-investigators, Instrument Offerors, and Spacecraft Offerors.
(A) The proposal shall describe the process that was used for selecting
proposed team members, which includes both spacecraft and instrument providers. While a
formal solicitation is not required, the process should include the following aspects: notice of the
opportunity to participate to potential sources, submissions from and/or discussions with
potential sources, and objective criteria for selecting team members among interested sources.
(B) The proposal shall also include a representation that NASA
investigators and any other Government employees have examined their financial interests and
have determined that no personal conflict of interest exists.
(2) Supplies and support services.
(A) The proposal shall indicate that the supplies or support services are
available under an existing Government contract; or
(B) The proposal shall state that the supplies or support services will be
acquired under a full and open competition; or
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(C) The proposal shall explain the basis of a justification for acquiring the
supplies or support services noncompetitively (FAR 6.3 and NFS 1806.3).
(c) A selection decision approving the non-Government research team members as
selected co-investigators satisfies legal and regulatory requirements without other competition or
justification.
Subpart 1872.4—Evaluation of Proposals
1872.401 General.
(a) The Evaluation phase comprises a series of processes that begin with the expert
review of each proposal against standard criteria and ends before formulation of specific
recommendations for selection by the Selection Official. These processes, founded on use of
formal evaluation Criteria and Factors, constitute a series of distinct steps to consolidate and
validate each proposal’s characteristics that determine its eligibility for selection. These criteria
and factors and the processes that shall be conducted in the evaluation of proposals received in
response to any AO (Assessment, Categorization, Validation, and, only if required,
Accommodation), are as follows:
(1) Criteria and factors. (see 1872.402) The Standard AO template provides a
generally used set of three major evaluation criteria, each with its own set of subordinate Factors
that are used by evaluation panels as the rubric for their reviews. These can be adjusted in an
AO to suit the needs of its program goals.
(2) Assessment. (see 1872.403) The purpose of assessment is to determine the
quality, relevance, and selectability of a proposed investigation in terms of science, exploration,
or technology investigation intrinsic merit, implementation merit and feasibility, and TMC
feasibility. The TMC feasibility includes a cost risk assessment that incorporates an analysis of
cost threats such as schedule and performance risk.
(3) Categorization. (see 1872.404) The purpose of categorization is to assign to
each proposed investigation, based on the assessment results, an integrated appraisal of its
overall selectability;
(4) Validation. (see 1872.405) The Validation phase reviews the end-to-end
acquisition activity to this point, from the AO through Categorization. The fundamental
objective is to ensure that selection options that are presented to the Selection Official via the
accommodation and recommendation phases have undergone a review that is expert, thorough,
equitable, conflict-free, and defensible; and
(5) Accommodation. (see 1872.406 and 1872.407) In some acquisitions, such as
instrumentation for flight on a shared platform, system and operational constraints of various
kinds (e.g. mass, power, location on the platform, pointing and viewing geometry, and thermal
factors) may determine which instrument combinations are ultimately implementable, and
therefore, selectable, for flight. Accommodation analysis thus may impact downstream
integrated payload Recommendation decisions.
(b) The assessment, categorization, and validation processes shall be accomplished in
every investigation acquisition; the accommodation process shall be executed where applicable.
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An overriding principle is the separation of the inputs, processes and criteria, and outputs for
each of the sequential steps from assessment through accommodation. Some latitude is afforded
as long as this principle is maintained and the method employed clearly ensures the traits listed
in paragraph (a)(4) of this section.
(c) In general, several components of the Assessment process are conducted in parallel
(see 1872.403). Categorization follows when the assessment process is complete; Categorization
shall be completed before proceeding to validation.
(d) Although the purposes of the validation and accommodation processes are distinct,
they can be implemented in various combinations to suit a given acquisition’s needs. For
example, acquisitions for multiple instrumentation investigations for a tightly constrained legacy
platform could have two Accommodation stages. After Assessment or Categorization, an initial
individual accommodation analysis can be performed for each favorably assessed instrument.
This could be followed by a second more comprehensive integrated accommodation analysis
during the later recommendation process (see 1872.502) to identify implementable multiinstrument payload configurations. See 1872.407 for additional information.
(e) Persons not having an official role in AO evaluation meetings, which often deal with
confidential and proprietary proposer material, may attend only with the explicit approval of the
Directorate AL, subject to provisions of 1872.105 and 1872.106. They are not permitted to
speak unless invited to do so by the meeting chair.
1872.402 Criteria and factors.
(a) Standards and adjustments.
(1) Each AO and its posted evaluation plan shall describe the criteria and their
subordinate factors that evaluators will apply in evaluating proposals. This information will be
used by proposers to focus their proposals’ presentation of objectives and approaches. In most
cases these criteria will be the set of core criteria and their standard factors. The three core
criteria and their standard factors, are defined in (b)(1) through (b)(3) below; additional criteria
may be added to these three per the AO’s particular needs (e.g., for student collaboration plan
evaluation; see 1872.305(a)). Alternatively, Factor C-3 may be deleted from solicitations for
instrument-only investigations (i.e., where no platform is solicited);
(2) Criteria in the AO and evaluation plan may have deleted or modified Factors
or additional Factors specific to the acquisition in question (see 1872.305(a));
(3) The assessment factors that support each criterion shall be explicitly provided
in the AO and posted evaluation plan;
(4) The relative weighting of each Criterion shall be stated in the AO if they are
unequal; and
(5) Any adjustments to the criteria or factors after the release of the AO shall be
documented in a formal AO amendment and released via NSPIRES, generally with an extension
of the due date for submitting proposals.
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(b) Core criteria and standard factors.
(1) Intrinsic Science, Technology, or Exploration Merit (Evaluation Criterion A).
Factor A-1. Compelling nature and priority of the proposed investigation’s science, exploration,
or technology goals and objectives
Factor A-2. Programmatic value of the proposed investigation
Factor A-3. Likelihood of science, exploration, or technology success
Factor A-4. Science, exploration, or technology value of the threshold investigation
(2) Science or Technology Implementation Merit and Feasibility of the
Investigation (Evaluation Criterion B).
Factor B-1. Merit of the instruments and investigation design for addressing the science,
exploration, or technology goals and objectives
Factor B-2. Probability of technical success
Factor B-3. Merit of the data and/or sample analysis plan
Factor B-4. Science, exploration, or technology resiliency
Factor B-5. Probability of investigation team success
(3) Technical, Management, and Cost (TMC) Feasibility of the Investigation
Implementation, Including Cost Risk (Evaluation Criterion C).
Factor C-1. Adequacy and robustness of the instrument implementation plan
Factor C-2. Adequacy and robustness of the investigation design and plan for mission operations
Factor C-3. Adequacy and robustness of the flight systems
Factor C-4. Adequacy and robustness of the management approach and schedule, including the
capability of the management team
Factor C-5. Adequacy and robustness of the cost plan, including cost feasibility and cost risk
(c) Note that Factors B and C at 1872.402(b)(2) and (b)(3) address proposed
instrumentation but from different perspectives. In order to obtain a comprehensive evaluation
against each of these Criteria, independent assessments are developed by reviewers with
appropriate expertise in separate panels. The Division Program AL and the TAM will ensure
that instrument weaknesses identified by either panel are shared with the other panels for
consideration and also against the other panel’s Factors. Any inconsistencies between the reports
of the two panels will be considered during the categorization process.
1872.403 Assessment.
(a) One or more panels of community experts free from personal and organization
conflicts of interest, evaluate proposals against the criteria. Criteria A and B are evaluated by the
same science, exploration, or technology peer review panel. Criterion C is evaluated by a TMC
peer review panel. Panel members will act in the capacity of individuals. For each Factor in each
criterion, the panels will develop assessment findings or state that there are none. Panel chairs
will prepare for each proposal a report Form on findings for each Criterion that captures the
major points made during its consideration of the Criteria Factors. The findings for each Factor
are expressed in short narratives for identified Major Strengths, Minor Strengths, Major
Weaknesses, and Minor Weaknesses. The chair will also poll the members individually on their
ratings for each of the Criteria on a standard scale and record them on its Criterion’s Forms
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(Form A for Criterion A, Form B for Criterion B, and Form C for Criterion C). “Comments to
the Proposer” and “Comments to NASA” may be added; the latter are not provided to the
proposers.
(b) Use of any approach other than the one defined in (a) above shall conform to the
principles and constraints in sections 1872.105 and 1872.106 and requires consultation with the
OGC and the OP and the approval of the MDAA.
(c) Products of the assessment process. At the conclusion of this phase, the Forms A
and B for each proposal are combined with the corresponding Forms C developed by the TMC
panels, plus any additional Criterion Forms, into an integrated report for that proposal. The
package of these reports for all proposals is the input for the next phase, Categorization.
1872.404 Categorization.
(a) Just as the assessment process distills the distinctive strengths and weaknesses of
each proposal into the concise, critical representations in the Criterion Forms, the categorization
process condenses the contents of these Forms into a summary of the selectability of each
proposed investigation. In doing so, the categorization process continues to focus on the
scientific and technical merits, implementation feasibility, management approach, cost realism,
and comprehensive risk assessment of each proposal individually. The objective of the
categorization process is to derive a portfolio of consolidated merit-risk characterizations that
will be subjected during the recommendation and selection processes to additional programmatic
criteria.
(b) The categorization process is a critical gateway to selection. A proposal that
categorizes poorly has virtually no chance of selection; conversely, a proposal that emerges from
this process with a category rating in the top range is considered highly eligible to be selected for
implementation. The Agency will devote years and very substantial resources to achieve an
investigation’s represented results and to overcome any unforeseen technical or management
problems. As a result, the Categorization process determining these ratings shall be conducted
by a Headquarters committee of government employees that combines appropriate scientific,
technical, and project management expertise with breadth and experience. Only government
employees may be appointed to the Categorization Committee. IPA personnel may also be
appointed provided they are free of both actual or perceived bias and statutory restrictions as
provided in 1872.104 and 1872.105. The OGC shall be consulted in any areas of uncertainty.
(c) The authority to appoint the Categorization Committee is vested in the MDAA, who
may delegate it to the Directorate AL (see 1872.104(a)(3)). These appointments shall be made
well in advance of the committee’s meeting in order to ensure availability and adequate
preparation time. One committee member shall be appointed Chair by the MDAA or Directorate
AL and shall have the authority and responsibility of conducting the categorization review.
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(d) The sponsoring Division Program AL (see 1872.104(a)(2)) will brief the committee
on the AO and Assessment phase and present the Assessment results for each proposal. The
division program AL may be assisted by other division staff involved in the Assessment phase.
The TAM shall be present in the categorization meeting to answer any questions about the TMC
reviews.
(e) In a situation where the number of proposal Forms A, B, and C (plus any other
special Forms) to be categorized exceeds what members of a single committee can reasonably be
expected to absorb and retain, the Categorization Committee can be divided into two or more
panels to spread the effort among more staff members. In these cases, like proposals shall be
gathered in the same panel to ensure that the competitive outcome between them is not affected
by any inter-panel standards inconsistencies. In addition, the potential for inconsistent standards
in separate Categorization panels can be further mitigated by crosschecking in the subsequent
Validation phase and possible leveling action. In what follows, Committee Chair shall be
understood as the Panel Chair if there is more than one panel of the Committee.
(f) The appointed members shall be provided with the Criterion Forms, with a
description of the solicitation and evaluation process to date, and with clear instructions about
how the categorization process is to be conducted, no less than seven calendar days before their
meeting. This shall include a list of all participating institutions for review by members for
potential conflicts of interest. It shall be clearly understood that all materials provided are
competition-sensitive and shall be protected while in use and returned for dispositioning to the
Directorate AL.
(g) Before the meeting begins, participants shall ensure compliance with ethics
requirements (see 1872.105, 1872.106, and 1872.107); provisions regarding observers in
1872.401(e) also apply.
(h) The Categorization meeting shall include—
(1) A briefing, usually by the Division Program AL, on the course of solicitation
and evaluation, beginning with characteristics of the solicitation, through a survey of the
proposals received, and continuing with the conduct of the assessment process and an overview
of its results;
(2) A presentation of each proposal’s evaluation, given generally by the Division
Program AL, followed by discussion moderated by the Committee Chair that results in a
categorization (see 1872.403(d)) via a poll of members. A consensus is not required, but if a tie,
or even a very close vote, persists after adequate discussion and several polls, the Chair may
defer the decision for a proposal to a revisit at the end of the meeting. If a deadlock tie persists
after this reconsideration, the Chair may break the tie by assigning the Categorization; and
(3) After the reviews for all proposal evaluations (or for all of the ones allocated
to that panel if there is more than one panel) have been considered, the Chair will lead the panel
in a crosscutting review of its proposals to ensure consistent standards have been applied. Any
departure from equitable treatment shall be corrected before adjournment of the Committee or
panel.
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(4) The report of the Categorization Committee Chair consists, at a minimum, of
a table of the final categorizations for each of the proposals. When a strong majority is not
achieved for a given categorization, the manner in which that categorization was assigned shall
be documented. It is good practice to include a brief categorization rationale for each proposal;
this shall be limited to the most influential points raised during the discussions, including
especially how the Committee balanced strong conflicting strengths and weaknesses. This
rationale shall not simply restate the documented assessment findings on the criterion forms.
(i) During this process, Categorization Committee members are not permitted access to
any of the proposals. This is to eliminate any possibility of re-reviewing of the proposals, which
could be perceived as inequitable. In rare circumstances involving confusion or contradictions in
Assessment findings for a proposal, the Chair can recess the Categorization Committee while the
Division Program AL (only) consults the underlying proposal to resolve the issue for the
Committee.
(j) If the Committee encounters a serious inconsistency in the assessment record, or other
flaw that prevents a clear and supportable categorization from being assigned based on that
record, the Committee Chair can guide the Committee in documenting the issue needing
resolution and require the Division Program AL to reconvene the Criterion A/B panel or
Criterion C panel to respond with a formal clarification that will enable the categorization to be
completed by the Committee.
(k) A meritorious investigation is defined as one that has high overall intrinsic scientific,
exploration, and/or technology merit and acceptable risk per the Criteria and objectives of the
AO; categorizations are assigned according to the following definitions:
Category I – Well conceived, meritorious, and feasible investigations pertinent to the goals
of the program and the AO's objectives and offered by a competent investigator from an
institution capable of supplying the necessary support to ensure that any essential flight
hardware or other support can be delivered on time and that data can be properly reduced,
analyzed, interpreted, and published in a reasonable time. Investigations in Category I are
recommended for acceptance and normally will be displaced only by other Category I
investigations.
Category II – Well conceived, meritorious, and feasible investigations that are recommended
for acceptance, but at a lower priority than Category I, whatever the reason.
Category III – Meritorious investigations that require further development. Category III
investigations may be funded for further development and may be reconsidered at a later time
for the same or other opportunities.
Category IV – Proposed investigations which are recommended for rejection for the
particular opportunity under consideration, whatever the reason.
(l) Products of the Categorization process.
The record of the meeting, which is input to the validation and accommodation phases, consists
of the following elements:
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(1) Meeting sign-in sheet, with a list of participating institutions, serving as
conflict of interest-free self-certification by participants;
(2) Table of categorizations for each investigation, including results of the final
and preceding (if any) poll results;
(3) A brief narrative Categorization Rationale for each of the categorizations; and
(4) Detailed minutes of the meeting, to be reviewed and approved by the Division
Program AL and the Committee Chair.
(5) Categorization Report (see 1872.404(h)(4))
1872.405 Validation.
(a) The Validation phase is a procedure review intended as an independent check on the
quality, balance, and integrity of the evaluation process to this point, including its adherence to
the criteria and procedures defined in the AO and evaluation plan.
(b) The fundamental goals of the validation phase are to—
(1) Validate compliance of the processes followed, from solicitation through
categorization, with applicable statutes and regulations and Agency procedures, and with their
alignment with representations in the AO and Evaluation Plan;
(2) Ascertain that all proposals received fair and competent review;
(3) Ensure that the record of these processes is complete, including consistency
of rationales for Assessment ratings and for Categorizations and adequacy of Forms A, B, and C
(and others, if any); and
(4) Certify to the Selection Official that any division recommendations for
selection developed from the foregoing processes are free from scientific, technical, procedural,
and ethical flaws. Based on this certification, the division will be able to make recommendations
for selection from the categorizations and the Selection Official will be able to confidently make
selections without concerns about flaws in any of the foregoing evaluation steps.
(c) The validation phase is conducted by a Steering Committee chaired by the
Directorate AL or other senior Directorate official designated by the MDAA.
(d) The Steering Committee is composed, like the Categorization Committee, of conflictfree government employees. Potential participation by IPAs and detailees are handled the same
way as for Categorization (see 1872.404(b)). Since the validation process objective is a
comprehensive review that includes an objective inter-comparison of the outcomes of individual
categorizations with the records available to the Committee and with each other for balance, the
emphasis on Committee appointments on detailed area expertise is reduced. It is good practice
to include on the Steering Committee some qualified and experienced individuals with broad or
different backgrounds who can provide a fresh perspective. OP and OGC shall participate in
meetings of the Steering Committee.
(e) Steering Committee members are subject to the integrity provisions in sections
1872.104 and 1872.105; provisions regarding observers see 1872.401(e) also apply.
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(f) The Steering Committee works from a comprehensive description of the AO and
Evaluation plan provided by the Division Program AL, the Forms A, B, C, and any other Forms,
and the report of the Categorization Committee.
(g) In the event that the Validation process goals stated in paragraphs (b)(1), (b)(2),
and/or (b)(3) of this section are not achieved, the Steering chair shall notify the Division AL that
the evaluation is not ready to go forward to Selection.
(h) The Steering Committee is not empowered to re-categorize proposals and does not
have access to them. If it is unable based on the record available from the Categorization
Committee proceedings to resolve an inconsistency or other inadequacy (see (b)(3) of this
section), the Steering Committee Chair will lead the Steering Committee in documenting its
concern. The Steering Committee Chair will then refer the issue to the Categorization Chair for
that Committee to resolve the issue. The Categorization Chair has discretion on how to engage
that Committee for this purpose, but it is good practice to reconvene the Committee in a meeting
for significant or complex problems. The Categorization Committee shall respond to each
identified concern in one of only three ways, in writing to the Steering Committee Chair:
(1) It can respond to a concern with a clarification without making changes;
(2) It can maintain its initial Categorization and provide a clarified rationale; or
(3) It can provide a new Categorization with a new rationale.
Only one iteration is permitted. The Steering Committee Chair consults the Steering Committee,
and if it accepts the Categorization Committee response, it updates its own record accordingly.
If a disjoint persists, the Steering Chair will lead the Steering Committee in updating its record
with reasons for disagreeing with the final position of the Categorization Committee and this will
be incorporated with the Categorization Committee’s original and final Categorization and
rationale and clarification (if any) into the Steering Chair’s summary memorandum to the
Selection Official.
(i) The Categorization Committee reconsideration action is final; there is no negotiation
between the Categorization and Steering Committees.
(j) The Steering Committee chair will document the outcome of the Categorization
Committee’s response to the Steering Committee’s request(s) for reconsideration. The Steering
Committee chair’s memorandum to the Selection Official will present the Categorization
Committee’s original categorizations and rationales, the Steering Committee’s request for
reconsideration of categorizations and rationales and basis for its request, and the Categorization
Committee’s final categorizations and rationales, including any clarification that the
Categorization Committee provides for its decisions. Use of this information will fall within the
broad discretion of the Selection Official in making selections (see 1872.503)
(k) Products of the Validation process.
The record of the Validation phase, which is input to the Accommodation, Recommendation, and
Selection processes, consists of the following elements:
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(1) Sign-in sheet, with a list of participating institutions, from the Steering
Committee meeting serving as conflict of interest-free self-certification by participants;
(2) Summary memorandum from the Steering Committee Chair to the Selection
Official certifying the process’s integrity and compliance with policies and procedures, from
solicitation though categorization. Any unresolved problems or outstanding exceptions (see
1872.405(h), (i), and (j)) are to be clearly noted with explanations;
(3) Final table of Categorizations and Categorization Rationales; and
(4) Minutes, reviewed and approved by the Steering Committee Chair and
Directorate AL (if not the same).
1872.406 Accommodation.
(a) Accommodation is the analysis of engineering and operational compatibility of one
or more instruments on a spacecraft bus or other host platform. This includes, for example,
physical parameters like available power, volume, surface mounting space, thermal management,
communications and computational resources, and mass and mass distribution, viewing
geometry and operational considerations like spacecraft pointing and lines-of-sight, and any
other operational constraints imposed on the integrated payload by the platform.
(b) Accommodation analyses can be conducted any time but findings are kept separated
from the Assessment and Categorization processes and results.
(c) Management oversight of the Accommodation analyses is the responsibility of the
sponsoring Division. However, the system and subsystem engineering expertise required for the
necessary analyses can exceed that available within the Directorate. In this case, assistance can
be obtained from a NASA Center or JPL technical staff. These personnel shall be briefed on the
provisions of 1872.105, 1872.106, 1872.107, and 1872.302(c) and their management shall ensure
implementation of these provisions.
(d) The accommodation analyses yield one or more complete candidate payloads,
composed of instrument investigations with fully validated merit and risk that can be
successfully carried and operated on the investigation spacecraft bus if selected.
(e) The AO shall describe the constraints and criteria to be used during accommodation.
1872.407 Variations in validation and accommodation.
(a) In some cases, the primary driver in assessing alternative total instrument
complements for a payload will be optimizing integrated payload performance against
investigation scientific or technical objectives, rather than meeting spacecraft resource and
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operational limitations. In this case, the analysis of alternative configurations falls directly into
the Recommendation phase (see 1872.502).
(b) In other cases, the interactions between these criteria can become very complex, e.g.,
in the case of a legacy platform design with unusually tight constraints. It may be necessary for
Headquarters Division personnel to work together with firewalled Center staff to coordinate
development of selection Recommendations with Accommodation analyses. The detailed
process for these cases shall be tailored to the individual circumstances, in consultation with the
OGC and the OP. The results of the Assessment and categorization processes, which are the
principal gateways to potential selection for individual proposals, are not affected.
1872.408 Two-Step acquisitions.
(a) For some AO acquisitions, typically for medium and large complete flight
investigations, a Two-step evaluation and recommendation/selection process is used. In these
cases, NASA requires additional concept development to be carried out before deciding which of
several investigations to continue beyond the Concept and Technology Development Phase
(Phase A) into the Preliminary Design and Technology Completion Phase (Phase B) per NPR
7120.5. One or more proposed investigations are selected to begin formulation (see 1872.5); the
AO acquisition process is considered Step-One. The Step-Two investigation concept studies are
conducted on the same schedule for all selected investigations in order to support a final
competitive continuation decisions (“down-selection”).
(b) Per NPR 7120.5, the Two-Step work constitutes the Concept and Technology
Development Phase (Phase A) for the selected investigation. The product of each Phase A study
is a Concept Study Report (CSR). The CSR shall present the technical implementation of its
investigation in sufficient detail to enable a definitive TMC analysis that includes a higher
fidelity cost and schedule assessment and updated risk assessment. The CSR shall also
revalidate the original science objectives and investigation science requirements, or, if they
require amendment based on the detailed Phase A studies, revise them.
(c) For an investigation whose CSR does not present any modifications to the original
proposal’s science, exploration, or technology objectives and mission requirements, the Division
Program AL will convene a Concept Study Review Panel with the scientific and technical
expertise to assess both the Implementation Merit and Feasibility (Form B) and TMC Feasibility
of each CSR, focusing on any deviations from findings of the Step-One Form B review and the
results of the new, refined TMC analysis (Form C Factors). In this case, no review of intrinsic
merit (Form A) is conducted.
(d) For an investigation whose CSR does present modifications to the science,
exploration, or technology objectives or mission requirements, the Division Program AL shall in
addition convene the original or other properly constituted science panel to reevaluate the
proposal’s intrinsic merit (Form A); alternatively, the Division Program AL may elect to have
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the CSR Panel do so if it has sufficient subject matter breadth and depth. The CSR Panel’s
review for Forms B and C is the same as for (c) of this section.
(e) The results of the CSR reviews are used to validate or revise any Step-One
Accommodation findings.
(f) The information derived from the CSR reviews is used by the sponsoring division to
formulate and defend its final continuation (down-selection) recommendations for the Selection
Official.
(g) A second Steering Committee action is not required; however, the Step-One Steering
Committee or a repopulated Steering Committee may be convened to address specific concerns
by the Directorate AL at his or her own discretion or at the request of either the sponsoring
division or the Selection Official.
Subpart 1872.5—Recommendation, Selection, and Debriefing
1872.501 General.
(a) This phase encompasses the final steps leading to selection decisions and the
subsequent debriefing of both unsuccessful proposers and those selected for awards, the latter
handed off to the designated Program Office for implementation. At that point, the requirements
of NPR 7120.5 go into effect for the duration of the investigation.
(b) The Division Program AL shall prepare, in advance of selection, a detailed timeline
of the steps to be taken after the selection decisions are made.
1872.502 Recommendation.
(a) One or more options for selection shall be prepared by the sponsoring Division; these
recommendations shall be based primarily on the categorizations, influenced by division
programmatic considerations.
(b) The following are examples of programmatic factors that the sponsoring Division can
apply in formulating specific recommendation(s) for consideration by the Selection Official:
(1) Accommodation constraints—see 1872.406(a).
(2) Budget—affordability, including the impact of alternatives on other Division
objectives;
(3) Scientific balance—avoiding duplication of other investigations or filling
gaps in the Division program portfolio;
(4) National policy—following stated Administration or Congressional guidance;
(5) Advisory Committee guidance—including the National Academies;
(6) Technology impact—benefits related to the impact of technology
development or demonstration for future investigations;
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(7) Other Agency goals—relation of scientific or technical objectives to those of
other Divisions or Directorates; and
(8) International factors—opportunities for partnerships with foreign space
programs, either existing commitments or prospective opportunities, and concomitant risks.
(c) Product of the Recommendation Phase.
The Division prepares a briefing to the Selection Official to be presented for his or her
consideration. The briefing contains one or more highly recommended selections, complete with
rationale for the recommendation(s) and outlining unique merits and any drawbacks for each
recommended option. Any specific guidance or direction to proposers of recommended
investigations, for use in the event of their selection, shall also be identified.
1872.503 Selection.
(a) The goal of this process is to determine which proposals will receive awards.
(b) The Selection Official may consult with other Agency officials, but retains sole
authority for the selection. Results of the foregoing Evaluation and Validation phases shall be
made available to the Selection Official prior to any selection decision.
(c) The OP and OGC shall concur upon the selection statement.
(d) In making a selection, the Selection Official shall clearly articulate in a written
Selection Statement the following, for the record:
(1) Identify the investigations selected for implementation (one-step acquisitions)
or further concept study (two-step acquisitions), including any partial selections or conditions to
be levied on selected proposers;
(2) Identify the investigations not selected;
(3) Identify rationales for selections and non-selections, including especially
rationales for any cases where more highly categorized investigations are displaced by lower
ones;
(4) Where applicable, designate the Program Office to oversee the
implementation;
(5) As applicable, a statement that no further competition is required (see
1872.306 for awards to NASA proposers); and
(6) Where applicable, state whether offered cooperative contributions are
accepted.
(e) Selection and non-selection letters shall be prepared by the Division Program AL for
signature by the Selection Official. The letters shall be concurred upon by the OP and OGC.
Letters of selection shall address the following:
(1) Any directed substantive changes from the investigation originally proposed;
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(2) The nature of the selection, i.e., whether it should be considered final or
provisional, contingent on additional hardware specification or cost definition or other
conditions;
(3) Identification of the Program Office to assume oversight responsibility for
execution of the investigation; and
(4) Where applicable, indication that a foreign partner’s participation is accepted
and that an agreement for the program will be arranged between the Office of International and
Interagency Relations and the foreign partner organization that endorsed the proposal.
(f) The Division Program AL shall provide a draft press release, coordinated with the
Office of Communications, announcing the result of the solicitation and selection.
(g) The Division Program AL is responsible for managing the timely completion of these
products and other requirements of the integrated selection timeline (see 1872.501(b)).
1872.504 Award, notification of proposers, and debriefing.
(a) It is the responsibility of the Division Program AL to prepare letters notifying
proposers of their selection or non-selection, obtain the Selection Official’s signatures, and issue
them promptly in accordance with the selection timeline (see 1872.501(b)).
(b) Subsequent to the selection decision(s) by the Selection Official, it is the
responsibility of the Division Program AL to work with the OP to initiate an Administrator’s
Notification of Significant Contract Action (ANOSCA) or a public announcement, depending on
the overall value of the proposed contract action(s), in accordance with 1805.303-71. It is the
responsibility of the procurement organization at the Center Program Office responsible for the
selected investigations to award contract(s). Further, for selected Government PIs, it is the
responsibility of that PI’s organization to award any resulting contracts.
(c) Unsuccessful proposers shall be offered in their non-selection letter an oral debriefing
on the evaluation and subsequent decision about their proposal. It is a good practice to offer
debriefings also to successful proposers as the evaluations contain feedback that will be valuable
in the implementation of the investigation.
(1) The primary purposes of the debriefing are to convey to the proposers the
rationales for the decisions on their proposals and to demonstrate that the evaluation and
selection processes were thorough, expert, and fair.
(2) A specific and sufficient time limit shall be set in advance for each debriefing.
(3) The Division Program AL is responsible for conducting the debriefings. It is
a good practice to have the TAM in attendance to provide any clarifications required concerning
the TMC reviews. Other NASA personnel who do not have any conflicts of interest, who can
contribute materially to the debriefing can be invited by the Division Program AL to participate.
Other observers, except the Directorate AL, are not permitted.
(4) The Division Program AL may prepare written debriefing materials for the
debriefing. Such written debriefing materials will include (i) a brief description of the evaluation
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(assessment, categorization, validation, accommodation (if applicable)) and selection process
with sufficient detail to convey that all proposals received a fair and competent review; (ii) the
key findings from all evaluation forms that were used as the basis for the selection or nonselection decision, and (iii) the signed selection statement. Properties of other proposals or
outcomes of their reviews shall not be briefed or discussed.
(5) A limit shall be set to the number of attendees from the proposal team.
(6) Other than a record of attendees, written records shall not be kept by NASA
of the debriefing. The written debriefing materials are the notes for the debriefing, and the
debriefing content shall follow closely these written materials. Materials provided to attendees
shall be provided in advance (e.g., via NSPIRES, two days or more before the meeting).
(7) No recording shall be permitted. For telecon debriefings, a good practice is
for the proposer to provide the dial-in line and access to it so the proposer is responsible for its
security.
(8) Whether or not other written debriefing materials are provided, a hardcopy or
electronic copy of the Selection Official’s selection statement shall be given to the proposal
Principal Investigator.
(9) Care shall be taken that all debriefings share the same structure and
corresponding information for all proposals.
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Appendix A – Enterprise Procurement Strategies
APPENDIX A
ENTERPRISE PROCUREMENT STRATEGIES
TABLE OF CONTENTS
A-100
A-101
A-102
A-102.1
A-102.2
A-102.3
A-102.4
A-102.5
A-102.6
A-102.7
A-102.8
A-102.9
A-102.10
A-102.11
A-102.12
A-102.13
A-102.14
A-102.15
A-102.16
A-102.17
A-102.18
A-102.19
A-102-20
A-102.21
A-102.22
A-102.23
A-102.24
A-102.25
Purpose.
Definitions.
Enterprise Procurement Strategies.
Acquisition of helium, hydrogen, nitrogen, oxygen, other
propellants and aerospace fluids.
Information Technology Services.
Protective Services.
Acquisition Support Services.
Subscription Purchases.
Human Capital Services.
Aircraft Operational Support Services.
Financial Support Services.
Project Planning and Control Services.
Custodial Services.
Grounds Maintenance Services.
Logistics Services.
Construction.
Architect-Engineering Services Not Associated with Environmental
Remediation.
Environmental Remediation and Associated Architect-Engineering
Services.
Environmental Compliance and Associated Operations and
Maintenance.
Communication Services.
OSTEM Services.
Fire Services
Facilities Operations & Maintenance Services.
Safety and Mission Assurance (SMA) Support Services.
Engineering Services.
Technology Transfer Services.
Office of Diversity and Equal Opportunity/Equal Employment
Opportunity (ODEO/EEO) Services.
Administrative Services.
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APPENDIX A
ENTERPRISE PROCUREMENT STRATEGIES
[PN 19-12]
A-100 Purpose.
This appendix outlines the enterprise procurement strategies for institutional related services above
the simplified acquisition threshold unless otherwise stated. These enterprise procurement
strategies facilitate a more tactical use of critical resources, thereby allowing the Agency to
maximize interdependencies and reduce redundancies.
A-101 Definitions.
As used in this appendix“Buying locations” means the cognizant procurement office located at a field installation
responsible for the gathering of agency requirements, analyzing market capabilities and conditions,
developing acquisition strategies, advertising, awarding, and typically administering resulting
contract(s) related to the assigned enterprise procurement strategy. Requirements Owners shall
work through the buying locations identified for each enterprise procurement strategy in order to
procure the requirements. Point of contact information for each enterprise procurement strategy is
contained in the Procurement Portfolio table.
“Mandatory Contract” means a contract that must be used if the instant requirements are covered
within the statement of work of that contract. Additional information on the mandatory NASA
contracts is available on the Office of Procurement Strategic Sourcing Searchable Repository.
A-102 Enterprise Procurement Strategies.
A-102.1 Acquisition of helium, hydrogen, nitrogen, oxygen, other propellants and aerospace
fluids.
(a) Buying Location. The Kennedy Space Center (KSC) Office of Procurement (OP) is
the buying location for helium, hydrogen, nitrogen, oxygen, other propellants and aerospace fluids.
The KSC OP works in conjunction with the KSC Propellants and Life Support (KPLS) branch
which has responsibility for the acquisition and management of aerospace fluids that are used
across the agency.
(b) KSC Aerospace Fluids Acquisition and Management supports all NASA Centers with
consolidated contracts for supplying:
(1) Liquid hydrogen;
(i) Bulk delivery (tanker quantities, more than 1,000 gallons)
(2) Liquid helium;
(i) Bulk delivery (tanker quantities) and some non-bulk (30-liter or larger
dewars) if required on a regular basis
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(3) Gaseous helium;
(i) Bulk delivery (compressed gas trailers)
(4) Liquid nitrogen;
(i) Bulk delivery (tanker quantities)
(5) Liquid oxygen; and
(i) Bulk delivery (tanker quantities, more than 1,000 gallons)
(6) Liquefied natural gas/methane
(i) Bulk delivery (tanker quantities, more than 1,000 gallons)
(c) Specialty gases, gas or liquid mixtures, non-bulk requirements (small quantities), onetime purchases, and fluids that are not common to multiple Centers are not required to be
purchased through the consolidated aerospace fluids acquisition and management support
contracts.
(d) NASA Centers will be delegated authority for issuing and administering individual
delivery orders. Support points of contact and additional information can be found here.
(e) Hypergolic propellants (including hydrazine, mono-methyl hydrazine, and nitrogen
tetroxide) and Rocket Propellant 1 (RP-1) are not procured by the KSC OP. Instead, these
propellants are provided via sole source contracts administered for all Federal Government
Agencies by the Defense Logistics Agency (DLA) Energy. The KPLS Branch is available to
provide requirements owners with guidance, technical consultation, and also is available to serve
as a liaison to DLA for these specific propellants.
A-102.2 Information Technology Services.
(a) Buying Location. The Information Technology Procurement Office is the buying
location for information technology (IT) services.
(b) The following contracts are mandatory use contracts:
(1) 80NSSC19D0001 – NASA Enterprise Services & Technologies (NEST);
(2) NNX16MB01C – NASA Enterprise Application Service Technologies 2
(EAST 2); and
(3) 80TECH21DA002 – Advanced Enterprise Global Information Technology (IT)
Solutions (AEGIS).
(4) 80TECH22DA002 – Cybersecurity and Privacy Enterprise Support
Services (CyPrESS);
(5) 80ARC018F0055 – Amazon Web Services (AWS); and
(6) 80NSSC19F1555 – Microsoft Azure and Cloud Services.
(c)
If contracting officers are unable to satisfy requirements for IT supplies and
services from the mandatory use contracts listed in paragraph (b), contracting officers shall satisfy
IT requirements through the mandatory sources listed below in descending order of priority:
(1) NASA Solutions for Enterprise-Wide Procurement (SEWP);
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(2) GSA Best-in-Class (BIC) Solutions; or
(3) GSA Schedule Contracts.
[PN 23-02]
A-102.3 Protective Services.
(a) Buying Locations. The Kennedy Spaceflight Center (KSC) Office of Procurement
(OP), Goddard Spaceflight Center (GSFC) OP, and Ames Research Center (ARC) OP are the
buying locations for protective services requirements.
(1) KSC OP is the buying location drafting, awarding, and administering the IDIQ
contract(s) that will support the South Region requirements, which includes KSC, Johnson Space
Center (JSC), Marshall Space Flight Center (MSFC), and Stennis Space Center (SSC), as well as
all nearby component facilities, including both White Sands Test Facility (WSTF) and White
Sands Complex (WSC), and Michoud Assembly Facility (MAF). Each center will award and
administer task orders for requirements at their locations.
(2) GSFC OP is the buying location drafting, awarding, and administering the IDIQ
contract(s) that will support the East Region requirements that includes Glenn Research Center
(GRC), NASA Headquarters (HQ), and Langley Research Center (LaRC), as well as all nearby
component facilities, including the Armstrong Test Facility (ATF) (formerly Plum Brook Station
(PBS)). Each center will award and administer task orders for requirements at their locations.
(3) ARC OP is the buying location drafting, awarding, and administering IDIQ
contract(s) that will support the West Region requirements that includes ARC and Armstrong
Flight Research Center (AFRC) as well as all component facilities located within the State of
California. Each center will award and administer task orders for requirements at their locations.
(b) When acquiring protective services,
(1) The requiring office (i.e., Center Office of Protective Services) shall coordinate
with the Headquarters, Office of Protective Services, regarding the technical portions of the
solicitation, as early as possible in the acquisition planning process. The Assistant Administrator
for Protective Services is the approving official, unless otherwise delegated, for all technical
portions of the solicitation.
(2) The buying location must –
(i) Award resulting contracts on a firm-fixed-price basis; and
(ii) Set-aside these requirements for a small business category, pursuant to the
procedures prescribed at FAR Subpart 19.5. Additional requirements may be included in
any acquisition for protective services provided the total combined requirement is set-aside
for small business category.
(c) The contracting officer must satisfy all requirements through the following
contract vehicles:
(1) South Region – The NASA Protective Services Contract – South Region (NPSCSR), 80KSC022DA001, is the mandatory use regional contract, unless one of the following
contracts are utilized:
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(i) Advanced Enterprise Global Information Technology Solutions (AEGIS)
contract; NASA’s Agency-wide communications services contract. (Includes Maintenance of SSC
EPACS hardware) PIID# 80TECH21DA002;
(ii) Synergy-Achieving Consolidated Operations and Maintenance (SACOM)
(This listing includes only the Emergency Management portions of this contract). PIID #
NNS15AA01C;
(iii) JSCPSC II, covering JSC, PIID # 80JSC019C0007
(iv) Test Evaluation and Support Team III (TEST III) (This listing includes
only the dispatcher portion of the contract.), PIID 80JSC022DA003
(vi) Kennedy Infrastructure, Applications, And Communications Contract
(installation of hardware); PIID # 80KSC017C0011; or
(vii) SSC’s contract for Special Law Enforcement Services with the County of
Hancock, MS, PIID# 80SSC018C0001.
(2) East Region – Until the regional contract is awarded, requirements shall
continue to be placed on the following contracts:
(i) GRC’s Labwide Protective Services Contract, Base Services,
80GRC017C0030;
(ii) GSFC’s NASA Protective Services Safety Contract (HQ Protective
Services only), PIID# NNH17CF00C;
(iii) LaRC’s Sustaining Security and Protective Services for NASA Langley
Research Center and NASA resources on the adjacent Joint Base Langley-Eustis, PIID#
80LARC19D0002; or
(iv) GSFC’s Protective Services Contract, PIID# 80GSFC18C0090;
(3) West Region - Until the regional contract is awarded, requirements shall
continue to be placed on the following contracts:
(i) AFRC’s Protective Services Support contract, PIID# 80AFRC18C0024; or
(ii) ARC’s Protective Services Office Support Services contract, PIID#
NNA15BA92C.
[PN 22-10, 23-02]
A-102.4 Acquisition Support Services.
(a) Buying Location. The NASA Shared Services Center (NSSC) OP is the buying
location for acquisition support services.
(b) The Agency-Wide Acquisition Support Services (AWASS) contract
(80NSSC19D0002) is the mandatory use contract for the following acquisition support services(1) contract/grant/cooperative agreement closeout,
(2) requirements document development support,
(3) administrative support,
(4) policy support services,
(5) acquisition systems and reporting services,
(6) procurement operation services,
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(7) source selection services, or
(8) cost/pricing support services.
A-102.5 Subscription Purchases.
(a) Buying Location. The NSSC OP is the buying location for subscription purchases.
(b) The requiring office shall contact the NSSC OP to procure or renew any
subscriptions to periodical literature, including electronic journals, such as the following:
(1) American Institute of Aeronautics and Astronautics (AIAA),
(2) Aviation Weekly,
(3) Clarivate Web of Science,
(4) Elsevier ScienceDirect,
(5) Galaxie,
(6) IEEE,
(7) Nature/Springer (Nature Journals Only),
(8) SPIE,
(9) Taylor & Francis ENGnet,
(10) Wiley,
(11) National Journal,
(12) CQ Roll Call, Inc.,
(13) Westlaw, or
(14) LEXIS NEXIS.
A-102.6 Human Capital Services.
(a) Buying Location. The NSSC OP is the buying location for human capital services.
(b) The requiring office shall contact the NSSC OP to procure human capital services,
such as the following:
(1) Organization and leadership development/training,
(2) Workforce strategy and planning,
(3) Benefits management,
(4) Human resources support,
(5) Diversity and Equal Opportunity support,
(6) Alternative dispute resolution, and
(7) Professional counseling/coaching.
A-102.7 Aircraft Operational Support Services.
(a) Buying Location. The AFRC OP and JSC OP are the buying locations for aircraft
operational support services, which includes maintenance, parts, and repair for aircraft (federal
aircraft and unmanned aircraft systems as defined in 1847.200-70) and aircraft components;
flight aircrew support and flight aircrew training.
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(b) Contracting officers shall use the following mandatory contracts to satisfy all inscope requirements for aircraft operational support services:
(1) 80AFRC20D0003 – Aircraft Operations Support (AOS)
(2) 80AFRC18D0004 – Aircraft Flight Crew Support (AFCS)
(3) 80HQTR20D0003 – Aircrew Flight and Maintenance Training Services
(4) 80JSC018D0002 – Aircraft Maintenance Logistics Integration Configuration
and Engineering (ALICE)
(5) 80JSC021DA004, 80JSC021DA006, 80JSC021DA009, 80JSC021DA011 80JSC021DA014 – Specialized Engineering, Aeronautics, and Manufacturing (SEAM) II
(c) The buying locations may delegate the authority to issue and administer individual
orders to other NASA Centers. In accordance with 1847.200-71, requiring offices shall obtain
concurrence from the cognizant Center Flight Operations Office prior to initiating orders for
aircraft operational support services.
A-102.8 Financial Support Services.
(a) Buying Locations. The GSFC OP and MSFC OP are the buying locations for
financial support services requirements, including accounting services and resources/financial
management requirements.
(1) The GSFC OP will support requirements from the GSFC, HQ, and LaRC.
(2) The MSFC OP will support requirements from the ARC, AFRC, GRC, JSC,
KSC, MSFC, and SSC.
(b) The GSFC Program Analysis and Control (PAAC) contract (80GSFC20D0001) is the
mandatory use contract for the following requirements procured by the GSFC, HQ, or LaRC:
(1) Resources/Financial Management requirements including:
(i) budget formulation
(ii) budget execution
(iii) variance analysis
(iv) reporting
(2) Accounting Services requirements including:
(i) general accounting
(ii) NASA accounting system operations support
(iii) system upgrades
(iv) monthly invoices
(v) vendor inquires
(vi) travel
(vii) timecards
(viii) payroll system
(ix) reimbursable work packages
(x) dunning notices and monthly bills
(xi) records archiving and retrieval
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(xii) performance summary reports
(xiii) special projects
(c) Upon award, the MSFC Financial Services contract will be the mandatory use
contract for financial support services requirements procured by the ARC, AFRC, GRC, JSC,
KSC, MSFC, or SSC.
(d) If contracting officers are unable to satisfy a requirement for financial support
services from the respective mandatory use contract for their center listed above, contracting
officers, in coordination with the requiring office, shall obtain concurrence from the financial
support services Enterprise Resource Manager (ERM) and gain approval from the financial
support services Procurement Portfolio Manager (PPM) prior to satisfying the requirement under
a different contract vehicle.
(e) NASA Centers will be delegated authority for issuing and administering individual
delivery orders.
A-102.9 Project Planning and Control Services.
(a) Buying Locations. The GSFC OP and MSFC OP are the buying locations for Project
Planning and Control Services (PP&C) services requirements, including cost estimating, cost
assessment, scheduling, and earned value management requirements.
(1) The GSFC OP will support requirements from the GSFC, HQ, and LaRC.
(2) The MSFC OP will support requirements from the ARC, AFRC, GRC, JSC,
KSC, MSFC, and SSC.
(b) The GSFC Program Analysis and Control (PAAC) contract (80GSFC20D0001) is the
mandatory use contract for the following requirements procured by the GSFC, HQ, or LaRC:
(1) Planning and Scheduling/Earned Value Management requirements including:
(i) Decision Making and Forecasting
(ii) Consistency and Compliance
(iii) Schedules
(A) Project Schedules
(B) Integrated Master Schedules
(C) Schedule Management Plan
(D) Correlate Schedules with Technical and approved Budgets
(E) Schedule Compliance
(F) Schedule Analysis
(G) Change Documentation
(iv) Earned Value Management (EVM)
(A) EVM Planning and Implementation
(B) Expert Advice and Support
(2) Documentation Management
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Documentation
(i) Control, Storage, Dissemination and Tracking of Project
(ii) Data Management
(3) Configuration Management
(i) Configuration Management System Compliance
(ii) Existing Programs Support
(iii) CM Plan
(iv) Configuration Control Requests
(c) Upon award, the MSFC Consolidated Program Support Services (CPSS) contract will
be the mandatory use contract for PP&C services requirements procured by the ARC, AFRC,
GRC, JSC, KSC, MSFC, or SSC.
(d) If contracting officers are unable to satisfy a requirement for PP&C services from the
respective mandatory use contract for their center listed above, contracting officers, in
coordination with the requiring office, shall obtain concurrence from the PP&C Enterprise
Resource Manager (ERM) and gain approval from the PP&C Procurement Portfolio Manager
(PPM) prior to satisfying the requirement under a different contract vehicle.
(e) NASA Centers will be delegated authority for issuing and administering individual
delivery orders.
A-102.10 Custodial Services.
(a) Buying Location. The Glenn Research Center (GRC) is the buying location for
custodial services.
(b) The requiring office shall contact the GRC OP to procure custodial services, which
include the following:
(1) Janitorial services
(2) Building cleaning services
(3) Cleaning offices
(4) Custodial services
(5) Deodorizing services
(6) Disinfecting services
(7) Housekeeping services
(8) Restroom cleaning services
(9) Washroom sanitation services
(10) Window cleaning services
(11) Trash/recycling collection and removal
(12) Restocking – paper towels, toilet paper, soap, sanitary napkin dispensers
(c) The buying location must2015 EDITION (Thru PN 23-04)
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(1) Award resulting contracts/task orders on a firm-fixed-price basis; and
(2) Set-aside these requirements for a small businesses category, to include 8(a)
and Hub Zone, pursuant to the procedures prescribed at FAR Subpart 19.5;
(d) Exception. Custodial services may be obtained through:
(1) The AbilityOne program (The buying location at (a) still applies.); or
(2) An interagency agreement with a tenant organization. Interagency
agreements may be issued by the local center.
(3) All other exceptions must be approved through the deviation process at NFS
1801.4.
(e) The requiring office shall:
(1) Coordinate with the Headquarters, Office of Strategic Infrastructure (OSI),
regarding the technical portions of the solicitation, as early as possible in the acquisition
planning process. The Assistant Administrator for OSI is the approving official, unless otherwise
delegated, for all technical portions of the solicitation.
(2) Provide a certified Contracting Officer’s Representative (COR) for the
proposed contract/task order.
(f) Transition. All existing contracts that provide custodial services may exercise existing
options without additional approval. Options must currently exist on the contract and not be a
part of a request to extend the contract beyond its original term.
A-102.11 Grounds Maintenance Services.
(a) Buying Location. The Langley Research Center (LaRC) is the buying location for
grounds maintenance services.
(b) The requiring office shall contact the LaRC OP to procure grounds maintenance
services, which include the following:
(1) Grounds maintenance services
(2) Landscaping services
(3) Fertilizing services
(4) Lawn care services
(5) Lawn mowing services
(6) Lawn mulching services
(7) Lawn seeding services
(8) Lawn spraying services
(9) Maintenance of plants and shrubs in buildings
(10) Mowing services
(11) Ornamental tree and shrub services
(12) Plant maintenance services
(13) Pruning services
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(14) Seasonal property maintenance services (i.e., snow plowing in the winter,
landscaping during other seasons)
(15) Snow plowing services
(16) Sod laying services
(17) Tree and brush trimming
(18) Tree removal services
(19) Tree surgery services
(20) Weed control and fertilizing services
(c) The buying location must(1) Award resulting contracts/task orders on a firm-fixed-price basis; and
Set-aside these requirements for a small businesses category, to include 8(a) and Hub Zone,
pursuant to the procedures prescribed at FAR Subpart 19.5;
(d) Exceptions. Grounds maintenance services may be obtained through(1) The AbilityOne program (The buying location at (a) still applies.); or
(2) An interagency agreement with a tenant organization. Interagency
agreements may be issued by the local center.
`
(3) All other exceptions must be approved through the deviation process at NFS
1801.4.
(e) The requiring office shall:
(1) Coordinate with the Headquarters, Office of Strategic Infrastructure (OSI),
regarding the technical portions of the solicitation, as early as possible in the acquisition
planning process. The Assistant Administrator for OSI is the approving official, unless otherwise
delegated, for all technical portions of the solicitation.
(2) Provide a certified Contracting Officer’s Representative (COR) for the
proposed contract/task order.
(f) Transition. All existing contracts that provide grounds maintenance services may
exercise existing options without additional approval. Options must currently exist on the
contract and not be a part of a request to extend the contract beyond its original term.
A-102.12 Logistics Services.
(a) Buying Location. The Offices of Procurement at each NASA Center will procure
these services. All local Requirement Development Teams (RDTs) shall coordinate
and obtain concurrence from the Enterprise Requirements Manager (ERM) in the
Office of Strategic Infrastructure (OSI) for the development of requirements, and
consult with the Procurement Portfolio Manager (PPM) and the MSFC Office of
Procurement to ensure procurement strategy alignment as early as possible in the
acquisition planning process.
(b) Core Logistics services shall include the following:
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(1) Supply and Materials management
(2) Equipment Management
(3) Disposal Operations
(4) Life cycle logistics
(5) Transportation management
(6) Mail management
(c) The buying location shall–
(1) Award resulting contracts/task orders on a firm-fixed-price basis; however, the
buying location can determine an alternative contract type if firm fixed price is not determined
appropriate for the requirement;
(2) Set-aside these requirements for a small businesses category, to include 8(a)
and HUBZone, pursuant to the procedures prescribed at FAR Subpart 19.5;
(3) Conduct Full and Open Competition only in the event a small business set-aside
cannot be justified following the NASA Form 1787 Market Research process;
(4) For all logistics follow-on contracts, any non-logistics PSL requirements under
existing contracts must be removed and inserted under the appropriate PSL and coordinated with
the appropriate PSL PPM and ERM to ensure they are incorporated under the appropriate
contract/procurement.
(5) For any non-logistics requirements, the Center Requirement Offices must
determine where the requirement will reside. If the Center Requirement Office selects the
logistics contract for these non-logistics requirements, coordination with the logistics ERM must
occur.
(d) The requiring office shall(1) Appoint the OSI Logistics ERM and alternate ERM as a technical advisor on
the RDT; and
(2) Utilize the Agency Logistics performance work statement (PWS) baseline and
ensure all unique center logistics requirements are captured and incorporated into the requirements
document.
[PN 23-02]
A-102.13 Construction.
(a) Buying locations. (1) The AFRC OP, GRC OP, and SSC OP are the buying locations
for construction projects over $1 million, repairs (as defined in NASA Procedural Requirement
(NPR) 8831.2F, Facilities Maintenance and Operations Management), and/or planned repairs (as
defined in NPR 8831.2F), totaling more than $10 million, and all other construction projects not
covered under paragraph (a)(2).
(2) Individual center OP are the buying location for construction projects $1
million or less, and repairs (as defined in NASA Procedural Requirement (NPR) 8831.2F,
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Facilities Maintenance and Operations Management), and/or planned repairs (as defined in NPR
8831.2F), totaling less than $10 million.
(b) The contracting officer must satisfy all requirements through the following contract
vehicles, including when the construction requirements are embedded within other requirements:
(1) The following NASA-wide contracts:
(i) Stennis Space Center Southeast Regional Multiple Award
Construction Contract (MACC) II, awarded under PIIDs 80SSC018D0001 through
80SSC018D0024;
(ii) Armstrong Flight Research Center Western Regional MACC. The
PIIDs used for these awards all start with 80AFRC19D. The last four digits of each PIID
involved are 0003, 0004, 0005, 0006, 0008, 0009, 0010, 0011, 0012, 0014, 0015, 0016 and 0017;
(iii) Glenn Research Center Northeast Regional MACC, awarded under
PIIDs 80GRC020D0007 through 80GRC020D0014
(2) Interagency agreements including:
(i) U.S. Army Corps of Engineers Facility Reduction Program (FRP)
Interagency Assisted Acquisition Agreement (IAA, listed on the GSA Acquisition Gateway
website);
(ii) Memorandum of Agreement (MOA) Between the National
Aeronautics and Space Administration and the U.S. Army Corps of Engineers (USACE) for
construction management and design services provided by USACE. The agreement became
effective October 3, 2016. The agreement’s Period of Performance began on October 3, 2016
and ends on October 2, 2021; or
(iii) Memorandum of Agreement (MOA) Between the National
Aeronautics and Space Administration and the General Services Administration (GSA) for
construction management and design services provided by GSA’s Public Building Service
(PBS). The agreement became effective March 6, 2019. The agreement’s Period of
Performance began on March 6, 2019 and ends on March 5, 2024;
(3) Government-wide contracts and contracts awarded by other agencies
including:
(i) GSA Schedule contracts;
(ii) Any other government-wide contract; and
(iii) Any contract awarded by another agency that is not a governmentwide contact.
(c) NASA Centers are delegated authority for issuing and administering individual
delivery orders against NASA-wide contracts.
A-102.14 Architect-Engineering Services Not Associated with Environment Remediation.
(a) Buying locations. (1) The AFRC OP, GRC OP, and KSC OP are the buying
locations for non-environmental remediation architect-engineer services associated with
construction projects over $1 million, repairs (as defined in NASA Procedural Requirement
(NPR) 8831.2F, Facilities Maintenance and Operations Management), and/or planned repairs (as
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defined in NPR 8831.2F), totaling more than $10 million, and all other non-environmental
remediation architect-engineering services associated with construction projects not covered
under paragraphs (a)(2) and (a)(3).
(i) The AFRC OP will support requirements from the AFRC and ARC.
(ii) The GRC OP will support requirements from the GRC, GSFC, and
LaRC.
(iii) The KSC OP will support requirements from the JSC, KSC, MSFC,
and SSC.
(2) Individual center OPs are the buying locations for non-environmental
remediation architect-engineer services associated with construction projects $1 million or less,
and repairs (as defined in NASA Procedural Requirement (NPR) 8831.2F, Facilities
Maintenance and Operations Management), and/or planned repairs (as defined in NPR 8831.2F),
totaling less than $10 million.
(3) The SSC OP is the buying location for requirements placed against the Real
Property Master Planning (RPMP) support contract.
(b) The contracting officer must satisfy all requirements through the following contract
vehicles:
(1) The following NASA-wide contracts:
(i) Glenn Research Center Northeast Regional Architect-Engineer
Services – All eight contract PIID numbers start with “80GRC019D00##”. Each contract PIID
number ends with one of the following numbers: 02, 04, 05, 06, 07, 08, 09, and 13;
(ii) Kennedy Space Center Southeast Regional Architect-Engineering
Services (SERAE) – awarded under PIIDs 80KSC021DA008 through 80KSC021DA016;
(iii) Stennis Space Center Real Property Master Planning (RPMP) support
– awarded under PIIDs 80SSC019D0004, 80SSC019D0005, 80SSC019D0006, and
80SSC019D0007;
(2) Agency-specific contracts where all contract performance is limited to the
center involved. These contracts include:
(i) Ames Research Center Architect-Engineer Services – PIID
80ARC017C0008; and
(ii) Armstrong Architect-Engineer Services -- PIIDs 80AFRC18D0009
and 80AFRC18D0011.
(3) Interagency agreements including:
(i) Memorandum of Agreement (MOA) Between the National
Aeronautics and Space Administration and the U.S. Army Corps of Engineers (USACE) for
construction management and design services provided by USACE. The agreement became
effective October 3, 2016. The agreement’s Period of Performance began on October 3, 2016
and ends on October 2, 2021; or
(ii) Memorandum of Agreement (MOA) Between the National
Aeronautics and Space Administration and the General Services Administration (GSA) for
construction management and design services provided by GSA’s Public Building Service
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(PBS). The agreement became effective March 6, 2019. The agreement’s Period of
Performance began on March 6, 2019 and ends on March 5, 2024;
(4) Government-wide contracts and contracts awarded by other agencies
including:
(i) GSA Schedule contracts;
(ii) Any other government-wide contract; and
(iii) Any contract awarded by another agency that is not a governmentwide contact.
A-102.15 Environmental Remediation and Associated Architect-Engineering Services.
(a) Buying location. The KSC OP is the buying location for environmental remediation and
associated Architect-Engineer Services.
(b) The Contracting Officer must satisfy all requirements through the following contract
vehicles:
(1) 80KSC019D0010, 80KSC019D0011 and 80KSC019D0012 - The Kennedy
Space Center NASA-wide Environmental Remediation Architect-Engineer Services multipleaward IDIQ contracts;
(2) Memorandum of Agreement (MOA) Between the National Aeronautics and
Space Administration and the U.S. Army Corps of Engineers (USACE) for construction
management and design services provided by USACE including, but not limited to, environmental
restoration as well as hazardous and toxic materials removal. The agreement became effective
October 3, 2016. The agreement’s Period of Performance began on October 3, 2016 and ends on
October 2, 2021;
(3) The following center-specific contracts limited to the following locations:
(i) 80JSC018D0006 - Johnson Space Center’s White Sands Test Facility
Environmental Compliance Operations 2 (ECO2) contract;
(ii) 80MSFC19D0021 - Marshall Space Flight Center’s (MSFC’s) MSFConly Architect-Engineering Services for Environmental Engineering contract;
(iii) NNM17AA11C - MSFC’s Michoud Assembly Facility (MAF)
Remediation Environmental Engineering Architect-Engineering Services contract;
(iv) 80GSFC21CA008, Environmental Management Services for Goddard
Space Flight Center and Wallops Flight Facility; and
(v) 80MSFC18D0003 - MSFC’s Santa Susana Field Laboratory (SSFL)
Remediation services contract.
(4) The following non-NASA procurement instruments:
(i) U.S. Army Corps of Engineers Facility Reduction Program (FRP)
Interagency Assisted Acquisition Agreement (listed on the Acquisition Gateway website);
(ii) GSA Schedule contracts;
(iii) GSA OASIS contracts;
(iv) Any other government-wide contract; or
(v) Any contract awarded by another agency that is not a governmentwide contact.
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(c) NASA Centers are delegated authority for issuing and administering individual task
orders against the contracts identified in paragraph (b).
A-102.16 Environmental Compliance and Associated Operations and Maintenance.
(a) Buying location. Each center will serve as the buying location for its own requirements
for environmental compliance and associated operations and maintenance services.
(b) The contracting officer must satisfy all requirements through the following contract
vehicles:
(1) The following NASA-wide contracts:
(i) 80KSC020D0023 – Kennedy Space Center’s (KSC) NASA
Environmental and Medical Services (NEMCON) contract; and
(ii) 80MSFC19D0021 –Marshall Space Flight Center’s (MSFC)
Architect-Engineering (A&E) Services for Environmental and
Occupational Health contract;
(2) Memorandum of Agreement (MOA) Between the National Aeronautics and
Space Administration and the U.S. Army Corps of Engineers (USACE) for construction
management and design services provided by USACE including, but not limited to, environmental
restoration as well as hazardous and toxic materials removal. The agreement became effective
October 3, 2016. The agreement’s Period of Performance began on October 3, 2016 and ends on
October 2, 2021;
(3) The following center-specific contracts:
(i) 80GRC018C0022 - Glenn Research Center’s Construction,
Maintenance, Environmental and Testing Services (COMETS) contract;
(ii) 80LARC17C0005 - Langley Research Center’s Environmental
Support Services (ESS) contract;
(iii) 80GSFC21CA008, Environmental Management Services for Goddard
Space Flight Center and Wallops Flight Facility; and
(iv) 80JSC018D0006 - Johnson Space Center’s White Sands Test Facility
Environmental Compliance Operations 2 (ECO2) contract;
(4) The following MSFC Santa Susana Field Laboratory (SSFL) contracts:
(i) 80MSFC20C0039 - Utilities, Contingency and Infrastructure Services
contract;
(ii) 80MSFC20C0033 - California-Mandated Regulatory Oversight
Services contract.
(5) Government-wide contracts and contracts awarded by other agencies including:
(i) GSA Schedule contracts;
(ii) GSA OASIS contracts;
(iii) Any other government-wide contract; and
(iv) Any contract awarded by another agency that is not a government-wide
contract.
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A-102.17 Communication Services.
(a) Buying Location. The KSC OP is the buying location for communication services.
(b) The requiring office shall contact the KSC OP to procure communication services,
such as the following:
(1) Strategic Planning and Integration, which includes Strategic Communications,
Communications Coordinating Council, Communications Metrics Analysis, Communications
Policy Analysis, Strategic Alliances & Partnerships, NASA Brand Management, NASA Style &
Graphics Standards, NASA Digital Services Council, Communications Technology Leadership;
(2) News and Multimedia, which includes Media Relations, Communications Issue
Management, Film & Documentary Support, Apps, Digital Media Distribution, Websites, Social
Media, External Television & Streaming Broadcast Content and Programming, Audio, Video and
Animation Production, Photojournalism, Internal Communications, Executive Communications,
Public Inquiries, Public Information Products;
(3) Public Engagement, which includes Exhibits Program, Artifacts Program,
Protocol, Guest Operations, Speaking Engagements, Astronaut Appearances, Public Engagement
Events, Facility Tours for Public, Art Program Management, External Relations;
(4) Cross-cutting Functions, which includes FOIA, History, Historical Archives.
(c) White Sands Test Facility is excluded.
(d) The buying location shall –
(1) Award resulting contracts/task orders on a firm-fixed price basis to the
maximum extent practicable;
(2) Conduct Full and Open Competition;
(3) Set acquisitions aside, in total or in part, for exclusive competitive participation
by small businesses to include 8(a) participants, HUBZone small business concerns, servicedisabled veteran-owned small business concerns, and economically disadvantaged women-owned
small business (EDWOSB) concerns and women-owned small business (WOSB) concerns shall be
at least 50% of the locations for these requirements.
(4) Allow for the on-ramp of other activities as existing contracts/task orders end.
(e) The requiring office shall –
(1) Coordinate with Headquarters, Office of Communications (OCOMM),
regarding the technical portions of the solicitation, as early as possible in the acquisition planning
process. The Assistant Administrator for OCOMM is the approving official for all technical
portions of the solicitation.
(2) Provide a certified Contracting Officer’s Representative (COR) for the proposed
contract/task order.
(f) Transition. All existing contracts that provide communication support services may
exercise existing options in accordance with PIC 1801.
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A.102-18 OSTEM Services
(a) Buying Location. NSSC Office of Procurement (OP) is the buying location for
OSTEM Core Services for all centers.
(b) The requiring office shall contact NSSC OP to procure OSTEM Services, which
include the following NAICS – 611710 Educational Support Services for
(1) Internships
(2) Fellowships
(3) Challenges & Competitions
(4) Research and Development Opportunities
(5) Pre-College STEM Experiences
(6) Collegiate STEM Experiences
(7) Faculty and Educator Support
(8) Institutional Support
(9) Virtual Learning Opportunities
(10) STEM Content and Products
(11) Data Collection, Performance Monitoring, & Evaluation
(c) The buying location must –
(1) Award resulting contracts/task orders on a firm-fixed-price basis;
(2) Conduct Full and Open Competition;
(3) Ensure Small Businesses have an opportunity to compete; and
(4) Allow for the on-ramp of other activities as existing contracts/task orders end;
(5) Ensure Historically Black Colleges and Universities (HBCUs) and Minority
Servicing Institutions are provided an opportunity to compete.
(d) The requiring office shall (1) Coordinate with Headquarters, Office of OSTEM, regarding the technical
portions of the solicitation, as early as possible in the acquisition planning process. The
Assistant Administrator for OSTEM is the approving official for all technical portions of the
solicitation.
(2) Provide a certified Contracting Officer’s Representative (COR) for the
proposed contract/task order.
(e) Transition. All existing contracts and new orders that include OSTEM Core services
should be reviewed to determine if OSTEM work can be moved under agency-wide contracts for
federal contracts for CORE OSTEM work.
A-102.19 Fire Services
(a) Buying Location. KSC OP is the buying location for fire services requirements.
(b) KSC OP is the buying location responsible for drafting and awarding the IDIQ
contract(s) that will support requirements for centers and components not using municipal or
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interagency fire services. Each center will award and administer task orders for requirements at
their locations. All centers and component facilities not using municipal or interagency fire
services must satisfy all fire service requirements through the NASA Fire Services Contract
(NFSC) contract, PIID# 80KSC022DA002, unless one of the following contracts are utilized:
(1) Test, Evaluation, and Support Team 3 (TEST3) contract, covering WSTF
dispatch only, PIID# 80JSC022DA003;
(2) Ames Research Center Protective Services Office Support Services contract,
covering ARC, PIID# NNA15BA92C;
(3) Kennedy Infrastructure, Applications, And Communications Contract
(Installation of hardware), covering KSC, PIID# 80KSC017C0011;
(4) Center Safety and Fire Operations II, covering JSC, PIID# 80JSC020D0006;
(5) Synergy-Achieving Consolidated Operations and Maintenance (SACOM) (This
listing does not include Emergency Management portions of this contract), PIID#
NNS15AA01C.
A-102.20 Facilities Operations & Maintenance Services.
(a) Buying locations. The Offices of Procurement at each NASA Center will procure
these services.
Repair.
(b) Common Facilities Operations and Maintenance Services.
(1) Maintenance
(2) Operations
(3) Roads
(4) Service Requests
(5) Facilities Engineering Support
(6) Non-Construction of Facilities (CoF) level Construction/Renovation
(c) Specialized Operations and Maintenance service. Requirements that do not fit
within the common/core services identified in paragraph (b) can be procured upon approval of
the ERM for Facilities Operations and Maintenance.
A-102.21 Safety and Mission Assurance (SMA) Support Services
The objectives of the NASA Safety Program are to protect the public from harm, ensure the
safety of employees, and affect positively the overall success rate of missions and
operations. The SMA portfolio includes both institutional and program safety contracts.
(a) Buying Location(s). Contracts for safety mission and assurance and related services
may be executed at the following centers (the titles of contracts may change upon recompete):
(1) Programmatic
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(i) GRC/NASA Safety Center (NSC): SMA Engineering and Technical
Services (SETS) (includes HQ), PIID#80GRC023DA002, and SMA, Audits, Assessments and
Analysis Services (SA3), PIID#80GRC022GA001;
(ii) GSFC: Safety and Mission Assurance Services II (SMAS II)
(Includes Wallops), PIID#80GSFC17C0015; and
(iii) JSC: Safety and Mission Assurance Engineering Contract II
(SMAEC II) (includes White Sands Test Facility), PIID#80JSC019D0008.
(2) Institutional
(i) JSC/LaRC collaboration: Center Safety and Fire: (will also include GSFC,
Wallops, and LaRC in follow-on contract); PIID# TBD
(3) Combined Program and Institutional
(i) ARC: Safety and Mission Assurance (includes AFRC, if needed),
PIID#80ARC020D0012;
(ii) GRC: Safety, Health, and Mission Assurance Support Services,
PIID#80GRC018C0028
(iii) KSC: Safety and Mission Assurance Support Services
(SMASS) III, PIID#80KSC018C0007;
(iv) MSFC: MSFC Safety and Mission Assurance (SMA) Services (includes
SSC and MAF), PIID#80MSFC18C0005;
(v) GSFC/IVV: Systems and Software Assurance Services (SAS2),
PIID#80GSFC22CA049; and
(4) Additional contracts may be transferred to the OSMA portfolio as
NASA refines its enterprise requirements across the Agency.
(b) New or unique services shall be coordinated between Center Procurement and OSMA
Directorates prior to submission into the PSL tool. If the new or unique services are outside of
the Center’s approved OSMA procurement strategy, the Center contracting office shall
coordinate with Headquarters OP Procurement Program Manager (PPM) and OSMA ERM to
obtain approval to procure these services.
A-102.22 Engineering Services
(a) Buying locations. The Offices of Procurement at each NASA Center will procure
these services.
(b) Under the Engineering PSL, engineering “services” are managed by Center
Engineering organizations, and include technical discipline support for design/development,
testing, operations, and research, science, and technology development, in addition to the
development, operations and modifications of engineering-related facilities.
(c) All Centers shall implement their approved strategies and continue to reassess their
portfolios to look for ways to reduce the duplication of these services across multiple contracting
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vehicles. Current Center strategies will be made available on the Doorway Into Procurement
site.
(d) If the new or unique services are outside of the Center’s approved Engineering
Strategy, the Center contracting office shall coordinate with Headquarters PPM and ERM to
obtain approval to procure these services.
(e) The PPM and ERM in coordination with the Center’s procurement office will conduct
ongoing assessment to determine if an enterprise contract and/or contracts are feasible for
services common to multiple locations.
A-102.23 Technology Transfer Services.
(a) Buying Location. MSFC Office of Procurement (OP) is the buying location for
Technology Transfer services. MSFC OP shall establish an enterprise level contract to support
the Technology Transfer services across the agency.
(1) The Consolidated Agency Technology Transfer Services (CATTS) contract is
the enterprise contract that will be used by HQ, MSFC and SSC. All other centers (AFRC, ARC,
GRC, GSFC, JSC, KSC and LaRC) shall have the option to transition to this enterprise contract
upon completion of their current tasks.
(b) MSFC OP and the Technology Transfer ERM shall ensure all Centers’ requirements
are included in the CATSS contract and that there is an on-ramping capability embedded within
the contract for other centers to come onboard as they so desire.
(c) In order to ensure coordination, Center Procurement offices that are not
utilizing the enterprise contract shall coordinate with technical stakeholders to ensure that they
have elected not to use the MSFC enterprise vehicle and document the file accordingly.
(d) Technology Transfer services shall include the following:
(1) Technology Triage Reports (TTR)
(2) Technology Screening Reports (TSR)
(3) Commercial Technology Assessment reports (CTAR)
(4) Patent Maintenance Fee Triage Analysis
(5) Direct Marketing (Low and High Intensity) Service
(6) Export Control Review Memorandums
A-102.24 Office of Diversity and Equal Opportunity/Equal Employment Opportunity
(ODEO/EEO)
(a) Buying Location. The NASA Shared Services Center (NSSC) OP is the buying
location for ODEO/EEO services.
(b) The requiring office shall contact the NSSC OP to procure ODEO/EEO services,
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such as the following:
(1) EEO/Anti-Harassment/Policy/ADR services/conflict management;
(2) Accessibility - (Reasonable Accommodations, Sign Language Interpreting
(SLI), Communication Access Real-time Translation (CART) services, and Personal
Assistance Services (PAS));
(3) Diversity Equity Inclusion Accessibility (DEIA) Activities; and
(4) Training over $25K (contact the NSSC HR training office for training
under $25K).
(c) Centers may order SLI services against the NSSC BPAs or center-specific
contracts.]
A-102.25 Administrative Services
(a) Buying Locations. The SSC OP, AFRC OP, LaRC OP, and GSFC OP are the buying
locations for administrative services requirements.
(1) The SSC OP will support requirements from the SSC, JSC, KSC, and MSFC.
(Space Flight Region)
(2) The AFRC OP will support requirements from the AFRC and ARC. (West
Region)
(3) The LaRC OP will support requirements from LaRC and GRC. (East Region)
(4) The GSFC OP will support requirements from the GSFC and HQ (Goddard
Space Flight Center Region).
(b) The requiring office shall contact their center OP to procure administrative services,
which may include but not limited to the following:
(1) General Office Services (e.g., Telephone Services, Appointment and Schedule
Services, Visitor Services, Meeting Services, Teleconferencing Services, and Scheduling
Conference Rooms, Mail Services/Information Dissemination, Ordering Supplies,
Copying/Faxing/Scanning)
(2) Data Management Services (e.g., Desktop Word Processing,
Data/Action/Tracking and Entry)
(3) Travel Coordination
(4) Time and Labor Collection
(5) Property Coordination
(6) Move Coordination
(7) Training Coordination
(8) Information Services Coordination
(9) Customer Service
(10) Special Events Coordination
(11) Reporting Requirements
(c) The buying location must award resulting contracts and task orders (if applicable) on
a firm-fixed-price basis; and set-aside these requirements for a small businesses category, to
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Appendix A – Enterprise Procurement Strategies
include 8(a) Program, Small Historically Underutilized Business Zone (HubZone), ServiceDisabled Veteran-Owned Small Business (SDVOSB), and Woman-Owned Small Business
Program (WOSB), pursuant to the procedures prescribed at FAR Subpart 19.5.
(d) Exception. GSFC shall utilize the AbilityOne program
(e) The following contract is a mandatory use contract:
(1) The Dual Administrative Support Services (DASS) IDIQ contract
(80SSC020D0002) is the mandatory use contract for administrative services requirements
procured by the SSC, JSC, MSFC, and KSC.
(f) Upon award, the Center Administrative and Technical Support Services (CATSS) III
IDIQ contract will be the mandatory use contract for administrative services procured by AFRC
and ARC.
(g) Upon award, the East Region contract will be the mandatory use contract for
administrative services procured by LaRC and GRC.
(h) If contracting officers are unable to satisfy a requirement for administrative services
from the respective mandatory use contract for their center listed above, contracting officers, in
coordination with the requiring office, shall obtain concurrence from the administrative services
Enterprise Resource Manager (ERM) and approval from administrative services Procurement
Portfolio Manager (PPM) prior to satisfying the requirement under a different contract vehicle.
(i) NASA Centers will be delegated authority for issuing and administering individual
task orders.
[PN 23-02]
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Appendix B – Contract Closeout Procedures
APPENDIX B
CONTRACT CLOSEOUT PROCEDURES
TABLE OF CONTENTS
B-100
B-101
B-102
B-102.1
B-102.2
B-102.3
B-102.4
B-103
B-104
B-104-1
B-104-2
B-104-3
B-104-4
B-105
B-105-1
B-105-2
B-105-3
B-105-4
B-200
B-200-1
B-201
B-202
B-203
B-204
B-205
B-206
B-300
B-300-1
B-300-2
B-300-3
B-300-4
B-300-5
B-400
Purpose.
Roles and Responsibilities.
Audit Services.
Obtaining Audit Information.
Submitting Audit Requests.
Risk Assessments.
NASA Audit Service Providers.
Contract Closeout Metrics.
Transfer of Closeout Actions.
File Transfer.
Electronic File Transfer.
Hardcopy File Transfer.
Closeout Transfer Checklist.
Closeout Contractor Process.
Acceptance.
Financial Reconciliation.
Invoicing.
Canceling Funds.
Closeout of Cost Type and Flexibly Priced Contracts.
Determination of Final Indirect Cost Rates
Closeout of Fixed Priced Contracts.
Closeout of Simplified Acquisitions.
Closeout of Blanket Purchase Agreements (BPA) and Basic
Ordering Agreements (BOA).
Closeout of Task and Delivery Orders.
Closeout of Interagency Agreements.
Acquisition Support Checkpoint.
Unique Contract Closeout Situations.
Contractor No Longer in Business.
Contractor in Bankruptcy.
Contractor Lacks Settlement of Final Indirect Rates (Applicable to
Flexible Priced Contracts.
Contractor is Unable to Submit Supporting Indirect Cost Data.
Contractor Fails to Submit Final Invoice.
Alternate Closeout Procedures for Overaged Contracts.
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Appendix B – Contract Closeout Procedures
APPENDIX B
CONTRACT CLOSEOUT PROCEDURES
[PN 20-09]
B-100 Purpose.
This appendix outlines standard closeout procedure and strategies for use across the Office of
Procurement (OP) enterprise, all while establishing and safeguarding internal controls that will
eliminate vulnerabilities against overaged contracts and unliquidated obligations. This Appendix
provides adaptive practical tools and innovative policy-based solutions that will enable timely
contract closeout.
B-101 Roles and Responsibilities.
As used in this appendix“Administrative Contracting Officer (ACO)” is the NASA Lead ACO, a position held by NASA
Headquarters (HQ) and performs at least four specific functions associated with FAR 42.302(a) for
contractors where NASA is identified as the Cognizant Federal Agency (CFA).
“Closeout Contractor” is responsible for the close out of the official procurement file by working
those actions as defined by the agency-wide contract after such closeout instruments are received.
The agency-wide closeout support services are provided as centralized services across the (OP)
enterprise.
“Closeout Contracting Officer Representative (COR)/HQ OP Contract Closeout Manager” is a
dual role responsible for interpreting contract closeout requirements and evaluating performance.
This role is responsible for the overall closeout governance structure across OP’s enterprise by
facilitating the Closeout Capability Group CCG, maintaining enterprise metrics and the Contract
Closeout Procedure Appendix, and creating/maintaining new policy and procedures relative to
closeout. This role is responsible for working with the Closeout Contractor to ensure optimal
closeout supports services are provided across OP’s enterprise framework.
“Closeout Capability Group (CCG)” is chaired by HQ OP Contract Closeout Manager, executive
champion is the Director of Procurement Management and Policy Division, with members
consisting of center representatives. The CCG is responsible for creating an enterprise framework
that will provide oversight to the contract closeout process by working to create innovations and
improvements related to contract closeout policy, procedures, and metrics across the procurement
organization. The CCG Center representatives are responsible for serving as the closeout champion
for their respective center by providing feedback to their organization as it relates to closeout
metrics, policy, processes and initiatives across OP’s enterprise.
“Contract Audit Services Manager” is responsible for defining and evaluating audit service
requirements for contractors where NASA is identified as the Cognizant Federal Agency. This role
is responsible for negotiating audit service needs with NASA’s audit service providers.
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“Contracting officer” shall ensure that files presented to the Closeout Contractor are complete, and
in accordance with the closeout transfer checklist, and FAR 4.804-4. The contracting officer shall:
• Address all topics related and appropriate for their specific procurement and ensure
required documentation is included in the official procurement file
• Ensure that the contract closeout checklist is completed and transmitted to the acquisition
support services along with the official procurement file
• Ensure that files are transferred within specified timeframes as outlined in this Appendix.
“NASA as Cognizant Federal Agency (CFA)” NASA is the CFA for its organizations pursuant to
FAR 42.003 Cognizant Federal Agency and is responsible for FAR 42.101 Contract Audit
Services. Specifically, NASA as CFA in conjunction with NASA’s Lead ACO, is responsible for
ensuring the functions of FAR 42.302 including (a)(5), (a)(9), (a)(11), and (a)(12) are completed.
NASA’s CFA list may be found under the Important Information Tab located at
https://nen.nasa.gov/web/cc.
“Termination Contracting Officer (TCO)” is responsible for resolving contracts that are terminated
for convenience or default; resolve all open actions and liabilities relating to terminations prior to
closeout, and issue settlement agreement or determination. (Reference FAR 49.104)
B-102 Audit Services.
B-102.1 Obtaining Audit Information.
(a) NASA Headquarters OP maintains contractor profiles, audit and other pertinent
information for those organizations where NASA is identified as CFA. Access is currently limited
to Center CCG Representatives and Center Lead Price Analyst.
(b) Audit Information can be found under the Audit Services tab located at
https://nen.nasa.gov/web/cc.
B-102.2 Submitting Audit Requests.
(a) All audit request shall be submitted to [email protected].
(3) Expedited Audit Request can be submitted when an urgent or priority need for
an audit has been identified by your center.
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(b) Audit requests shall be submitted in the following format:
Subject Line: Audit Request – Center Name – Vendor Name
(Example: Audit Request – JSC – ABC Company)
Email Body:
Vendor Name:
Vendor POC: Name/Phone/Email
CAGE Code:
DUNS Number:
DCAA Office: (If applicable)
DCAA Lead Auditor: (If applicable)
Audit Type Requested: (Examples: Accounting System, Incurred Cost Audit)
Synopsis of Audit Need: (Address why this audit is important and what risk it presents to the
center/agency if not performed.)
Action Need Date:
Cognizant List: (Address if the contractor is listed on the cognizant list. Insert yes or no, or
make a recommendation if they should be added to the cognizant list based on their business
base.)
B-102.3 Risk Assessments.
Audit Service Providers perform risk assessments as a part of the audit related activity and can
request information from the contracting officer. The contracting officer is responsible for
supporting request of this type to aid in audit resolution.
B-102.4 NASA Audit Service Providers.
(a) The following are NASA audit service providers:
(1) Certified Public Accounting (CPA) Firms /Audit Support Services (Multiaward): Performs audit support services on behalf of NASA. Audit Support Services are
negotiated by the Audit Support Services COR.
(2) Defense Contract Audit Agency (DCAA): Performs audit support services on
behalf of NASA. Audit Support Services are negotiated by the Contract Audit Services Manager.
(3) Defense Contract Management Agency (DCMA): Performs administrative
contract administration support and pricing support on behalf of NASA.
(4) Department of Interior (DOI): Performs audit support services on behalf of
NASA. Audit Support Services are negotiated by the Contract Audit Service Manager.
B-103 Contract Closeout Metrics.
(a) The Closeout Contractor and CCG Representative are responsible for submitting
metrics to HQ OP Contract Closeout Manager on a reoccurring basis. Their respective roles are
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Appendix B – Contract Closeout Procedures
defined further below. Metrics should be submitted utilizing templates provided by HQ OP and
uploaded in the metrics folder located on the Contract Closeout SharePoint site.
(b) The following contract closeout metrics will be maintained and provided by the
Closeout Contractor monthly. All metrics related to Backlog shall be denoted as Overage. (OV).
(1) Backlog – This metric tracks contracts that have been physically complete for 6
years or more and have been submitted to the closeout support but have not been administratively
closed.
(2) Instruments Closed – This metric tracks how many instruments were actually
closed each month for each center and the agency as a whole.
(2) Instruments Received – This metric tracks how many contracts are being
submitted to the Closeout Contractor each month.
(3) Deobligations – This metric tracks the amount of funds either forfeited or saved
as a result of a deobligation.
(c) The following contract closeout metrics will be maintained and provided by the CCG
Representative:
(1) Pending Contract Transfer – This metric is submitted on a quarterly basis and
tracks contracts that are physically complete but have not been transferred to the closeout
contractor.
(2) Forecasted Contract Closeout (3-6-9-12) – This metric is submitted on an
annual basis and at the beginning of each fiscal year and forecast contracts nearing the end of their
period of performance and will soon enter the closeout phase of acquisition. All centers shall use
this metric as a tool to engage and encourage the workforce to prepare procurement files for timely
transfer to the closeout contractor.
B-104 Transfer of Closeout Actions.
(a) The contracting officer shall ensure the official procurement file complies with the
Closeout Transfer Checklist accompany the procurement file for acceptance by the Closeout
Contractor.
(b) Centers shall ensure that contract closeout files, physical or electronic format, are made
accessible to the Closeout Contractor before transferring the closeout procurement file.
B-104-1 File Transfer.
(a) All contract types and official procurement files, unless otherwise retained for closeout
by the contracting officer, shall be transferred to the Closeout Contractor. This includes orders
against Indefinite Delivery Indefinite Quantity (IDIQ) contracts (both fixed price and cost
reimbursement). This transfer shall occur immediately upon physical completion but no later than:
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Appendix B – Contract Closeout Procedures
Contract Type
Contracts using Simplified Acquisition
Procedures (SAP)
Firm-Fixed Price Contracts, other than
SAP
Contracts requiring settlement of indirect
cost rates
All contracts not addressed above
Transfer Timeline
30 days
60 Days
90 Days
90 Days
(b) If for any reason the transfer timeline cannot be met, this reason shall be featured with
rationale in the Center’s Pending Contract Transfer metric and provided to HQ OP Contract
Closeout Manager as a part of its submission.
B-104-2 Electronic File Transfer.
(a) Centers shall transmit electronic and hybrid files electronically by sending an email
notification indicating a link of location of electronic files, SharePoint/ Shared Drive access,
Folders Management (FM) and any other electronic solutions as identified by the center.
(1) *Hybrid Files – Files that consist of both hardcopy and automated files. The
email should clearly denote the date of shipment and/or location of hardcopy files. The contracting
officer shall retain the receipt of shipment until confirmation has been sent that the Closeout
Contractor has received the hardcopy file.
(b) The email shall be sent to the following email address and with the following subject
nomenclature:
Email Address: [email protected]
Email Subject: Subject: Center-New Closeout-Contract No- Contract Type
(Example: JSC-NC-NNJ12HA01B-CPAF)
B-104-3 Hardcopy File Transfer.
B-104-4 Closeout Transfer Checklist.
The contracting officer shall review and ensure the official procurement file complies with the
checklist and any other closeout related activities, if applicable, before transferring files to the
Closeout Contractor. The Closeout Transfer Checklist is located here.
B-105 Closeout Contractor Process.
The following processes are performed by the Closeout Contractor up to point of signature
however, the contracting officer has the flexibility to perform these functions if it will yield a
savings in cost/time to the Government.
B-105-1 Acceptance.
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action:
(a) The Closeout Contractor shall do the following when accepting a contract closeout
(1) Generate an email acknowledging receipt to the transmitting contracting officer
within 3 business days of receipt.
(2) Notify the transmitting contracting officer whether the file has been accepted or
rejected for closeout processing with 7 business days of the receipt of the file. Upon review and
final acceptance of all procurement files, the Closeout Contractor shall indicate acceptance on the
closeout transfer checklist and notify the vendor within 7 business days of technical acceptance of
all deliverables and request completion and submission of contract closeout documents.
(3) Within 7 business days of acceptance:
(i) change the Purchasing Group (P- Group) in SAP, FPDS-NG, and the
official contract writing system to the Closeout Contractor P-Group
(ii) Populate the fields “Sent to Closeout Date” and “Physically Complete
Date “in SAP and the official contract writing system
(4) The Closeout Contractor shall consistently follow-up with the vendor to secure
appropriate closeout documents in a timely manner.
(b) The Closeout Contractor does not have access to contractor’s proprietary information
and will need to submit audit request/inquires to the [email protected].
(c) The Closeout Contractor shall perform closeout related actions and coordinate final
documents needed from vendor and closeout contracting officer. Each closeout procurement file
shall contain the following, if applicable:
(1) A copy of any final indirect cost rate agreements for those fiscal years
previously audited and settled for the contracts POP.
(2) Incurred cost audits
(3) A cost element breakdown, by fiscal year, using previously audited and settled
indirect cost rates and proposed (unsettled) indirect costs rates. The breakdown should clearly
indicate rates that represent provisional indirect cost billing rates, audited and settled indirect cost
rates, and those indirect cost rates that are proposed.
(4) Summary list of all invoices presented for payment (include invoice number,
date, amount claimed, and amount paid) and any remaining balance due.
(5) NF 778, Contractor Release Statement, reflecting final contract cost and fee.
(6) NF 779, Contractor Assignment of Refunds, Rebates, Credits, and Other
Amounts. (if applicable)
(7) NF 780, Cumulative Claim and Reconciliation Statement.
(8) NF 1018, Contractor Report of Government Property.
(9) Subcontracting Report for Individual Contracts (completed using Electronic
Subcontracting Reporting System (ESRS)
(10) Proof of Payment of the Final Invoice/Voucher - reflecting final indirect cost
rates or Final Invoice/Voucher – reflecting fee withheld.
(11) COR Completion Statement or Evidence of COR’s concurrence on final
invoice/voucher
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Appendix B – Contract Closeout Procedures
(12) Contractor Performance Assessment Reporting System Evaluations (Final)
(i) or overaged contracts that do not have evidence of a final past
performance determination, the Closeout Contractor shall follow the requirements found in
Procurement Class Deviation 20-05.
(13) The contract file shall include, where applicable, one of the following:
(i) Final New Technology Report
(A) The Closeout Contractor shall ensure that the Office of Chief
Counsel (OCC) has concurred on the Final New Technology Report. If OCC advises that further
action is required, the Closeout Contractor will follow-up with the contractor as necessary. If after
such follow up action there is no resolution, the Closeout Contractor shall contact the CO for
resolution.
(ii) Approved Final Patent Rights Report
(A) The Closeout Contractor shall ensure that the Office of Chief
Counsel (OCC) has concurred on the Final Patent Rights report. If OCC advises that further action
is required, the Closeout Contractor will take action with the contractor or COR as necessary. If
after such follow up action there is no resolution, the Closeout Contractor shall contact the CO for
resolution.
(v) Completed NF 1679 Disclosure of Invention and New Technology (If
applicable)
(14) Any additional closeout items that was not included in the original closeout
transfer.
(15) A final closeout modification binding the contract as closed to include total
cost. (Applicable to Cost Reimbursable and T&M Contracts)
B-105-2 Financial Reconciliation.
(a) The Closeout Contractor shall determine if there are any funds that must be obligated or
deobligated. If the contract file does not contain a funds analysis, prepare a summary funding
analysis populated/or with all obligations/de-obligations made and all invoices paid against the
award.
(b) Obtain payment history information from Business Objects (BOBJ), if at all possible,
for converted awards to SAP, when applicable.
(c) Conduct a payment reconciliation. All documents should essentially reflect the same
history of obligations, de-obligations and expenditures. Any disparities must be resolved and
documented in the file.
B-105-3 Invoicing.
(a) Interim voucher. The Closeout Contractor shall ensure the contractor substantiates the
validity of the interim voucher (e.g. Rate adjustment) and coordinate with the Closeout Contracting
Officer to request for funding (if applicable) to pay interim vouchers.
(b) Final Invoice/Voucher. The Closeout Contractor shall review, validate and ensure that
the Final invoice/voucher is marked “Final”. The contractor shall be instructed to submit their final
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Appendix B – Contract Closeout Procedures
invoice to the NASA Shared Services Center (NSSC) Accounts Payables Office via the Invoice
Routing and Information System (IRIS). The Closeout Contractor should coordinate with the
Closeout Contracting Officer the approval of the final invoice and if additional funding is needed,
when applicable. The NSSC shall route the invoice to the contracting officer for approval through
IRIS.
B-105-4 Canceling Funds.
The Closeout Contractor, center financial analyst, and CCG Representative should work together
to establish and manage priorities when it comes to contracts with pending canceling funds.
B-200 Closeout of Cost Type and Flexibly Priced Contracts.
The closeout of cost reimbursement contracts is generally considered as the most complex of
acquisition vehicles to closeout due to the need for the final determination of indirect cost rates.
The below steps outline the process for closing out cost reimbursement and other flexibly priced
contracts.
B-200-1 Determination of Final Indirect Cost Rates.
(a) The determination of final indirect costs is central to the closeout of cost type and
flexibly priced contracts. This determination seeks to resolve the differences between any
provisional billing rates and the contractor’s actual cost experience. The resulting determination
may require an adjustment to the final obligated amount of the contract either up or down.
(b) The contracting officer should carefully review any limitation of costs/funds clauses in
the contract.
(c) The ACO is responsible for settling final indirect cost rates. There are four ways to
determine final indirect cost rates:
(1) Quick Closeout Procedures (QCP)
(i) Quick closeout procedures are used to establish final indirect cost rates
for a specific contract, without an audit. The rates used under this procedure apply only to the
contract being closed, and are not considered a binding precedent when establishing the final
indirect cost rates for other contracts. In accordance with FAR 42.708, the contracting officer may
negotiate final indirect cost rates for a specific contract, in advance of the determination of final
indirect cost rates.
(ii) The Closeout Contractor shall use procedures in accordance with NFS
1842.708-70 NASA Quick-closeout procedures.
(iii) Document the file with the basis for using quick closeout procedures in
determining final indirect cost rates. If necessary, supplement the file with a more detailed
summary of negotiations to explain any significant occurrences in making the final determination
of indirect cost rates. If the Government and the contractor cannot agree on final indirect cost rates
through the use of quick closeout procedures, the rates will be determined using a formal audit
from an audit service provider.
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(2) Determination of Final Indirect Rates (Auditor Determination Procedure)
(i) Final indirect cost rates must be determined in accordance with FAR
42.705. In some cases, the procedures outlined in FAR 42.705-2, Auditor Determination
Procedure, will be utilized. This procedure primarily relies upon an audit service provider to
conduct the audit, and make a final indirect cost rate determination, in cooperation with the
contractor. When using the auditor determination procedures, the contracting officer shall:
(A) Check with the audit service provider to determine if final
indirect cost rates have been established for the unsettled years, or if indirect cost rate audits are
currently in progress.
(B) If final indirect cost rates have not yet been established for the
unsettled years, request an audit for the unsettled years. This request shall be coordinated through
the CCG Representative.
(C) Utilize the indirect cost rate agreement, which is typically
combined with an audit report, negotiated by the auditor to complete the closeout.
(3) Determination of Final Indirect Rates (Contracting Officer Determination)
Officer (ACO).
(i) This function is only performed by the Administrative Contracting
(ii) In most cases, procedures under FAR 42.705-1, Contracting Officer
Determination Procedure, will be used. Once an incurred cost audit is complete, a copy is
forwarded to the ACO for consideration and establishment of final indirect rates. The final cost
adjustments and the amount of fee should be mutually agreed to by the ACO and the contractor.
Generally, if mutual agreement on final indirect cost rates cannot be reached, the ACO may make a
unilateral determination, which may be challenged by the contractor under the Disputes clause.
(A) Educational Institutions – OMB Circular A-21 governs the
determination of indirect cost rates for educational institutions. See FAR 42.705-3 for determining
indirect cost rates for educational institutions.
(B) State/local governments and other non-profit organizations
(other than educational institutions) – OMB Circulars A-87 and A-122 govern the determination of
indirect cost rates for state and local governments and other non-profit organizations (other than
educational institutions). (Reference 2 CFR 200.425)
(4) Low Risk Memorandum
(i) Low Risk Memorandums can be released by either an ACO or Auditor.
This procedure primarily relies upon an audit service provider to conduct a risk assessment in lieu
of an incurred cost audit. After a certified incurred cost proposal is submitted by the contractor and
is determined adequate, a risk assessment is performed. If the risk assessment yields low risk, a
Low Risk Memorandum will be issued in lieu of a final audit report. Once issued, the Low Risk
Memorandum accepts the actual rates experienced as the final indirect rates. The Low Risk
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Memorandum is provided to the ACO in support of rendering a final indirect cost rate
determination. The ACO or auditor will utilize the low risk memorandum to establish the final
indirect rates.
(ii) The procedures for evaluating and reporting on low-risk annual
incurred cost proposals and completing a low risk memorandum in lieu of an audit report generated
by either a CPA Firm, DCAA, or DOI are as follows:
(A) NASA’s HQ OP resident auditor or designee will evaluate all
incurred cost proposals for adequacy, in accordance with FAR 52.216-7, using the NASA Incurred
Cost Proposal Adequacy checklist. If the incurred cost proposal is not adequate and the
deficiencies cannot be remedied with minor effort, NASA will return the proposal to the contractor
with written instructions on required corrective actions.
(B) All incurred cost proposals that are submitted to NASA, where
NASA is identified as the CFA, will undergo a risk-based analysis to determine if a waiver of the
audit requirements under FAR 4.804-5(a)(12), 42.705-1(b)(2), and 42.705-2(b)(2)(i) is appropriate
and justified as a sound business decision.
(C) To perform the risk-based analysis, NASA’s resident auditor or
designee associated with NASA’s audit group will complete NASA’s internal Incurred Cost
Proposal Risk Determination form. This form assists the reviewer in identifying any high risk
factors that would preclude NASA from waiving any incurred cost audit. The resident auditor or
designee is required to answer a series of questions and assess whether the proposal should be
considered low or high risk. The criteria for assessing the risk of a proposal includes prior incurred
cost audit experience, any audit leads or other significant risk identified, as well as the significance
of prior questioned costs.
(D) NASA’s resident auditor or designee must use their
professional judgment when determining that a specific proposal can be considered for a low-risk
memorandum. Auditors must consider the following when making this determination: their
knowledge of the contractor, the results of adequacy reviews, and other audit activity performed
since completion of the last incurred cost audit (e.g., reported business system deficiencies
establishment of provisional billing rates, voucher processing procedures, real-time testing of direct
costs, etc.) to determine if there are any risks that would warrant the contractor to be classified as
high risk and an audit be performed, especially when significant time has elapsed since the
performance of the last incurred cost audit.
(E) Low risk determinations will waive the audit requirement
resulting in the issuance of a Low-Risk Memorandum for the purposes of satisfying the audit
requirements at FAR 4.804-5(a)(12), 42.705-1(b)(2), and 42.705-2(b)(2)(i). In the event that the
risk based analysis discloses a low risk factor but presents extenuating circumstances (e.g. audit
leads, suspected fraud, contracting officer concerns), HQ OP Closeout Manager or designee may
perform a cost/benefit business case assessment to determine if it is beneficial to perform the audit.
The business case must be approved by the Deputy Assistant Administrator for Procurement.
(F) High risk determinations will result in assigning the proposal for
audit, except in the event that a cost/benefit business case assessment determines that it is
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beneficial to waive the audit. The business case must be approved by the Deputy Assistant
Administrator for Procurement.
B-201 Closeout of Firm Fixed Priced Contracts.
(a) To closeout a Firm Fixed Priced (FFP) type contract, complete the following items:
(1) Upon completion of all technical performance requirements and period of
performance has expired, a contract is rendered inactive and the contracting officer should
immediately begin the closeout process.
(2) The COR’s completion statement is provided.
(3) For overaged FFP contracts in which the contractor has failed to submit a final
invoice, the Closeout Contractor shall submit a Final Notice of Intent to close the contract to the
contractor. If the contractor does not respond within 30 days, the Closeout Contractor shall prepare
a unilateral modification for contract closeout.
B-202 Closeout of Simplified Acquisitions.
(a) To the greatest extent practicable, simplified acquisitions should be closed within 14
days after final payment and delivery/performance.
(b) The Closeout Contractor shall ensure the following when closing out simplified
acquisitions:
(1) Ensure there is a final Material Inspection and Receiving report
(2) Receipt of a final invoice and, if not, work with the contractor to get their final
invoice submitted.
(3) Prepare an appropriate modification to deobligate any excess funds and/or
formally close the purchase order for closeout contracting officer signature, if applicable
(4) Ensure the dispositioning of GFP/IAP when applicable.
(5) Ensure that the award is properly closed in all applicable systems.
B-203 Closeout of Blanket Purchase Agreements (BPA) and Basic Ordering Agreements
(BOA).
(a) BPAs and BOAs are not contracts. The “Call” or “Order” becomes the “Contract”. The
Closeout Contractor should read through the agreement carefully, as it should specify the point at
which each call or order becomes a binding contract (e.g. issuance of the call/order, acceptance of
the call/order in a specified manner, or failure to reject the call/order within a specified number of
days).
(b) Procedures for closing the “Contracts” (Calls or Orders) are the same as stated in
Simplified Acquisitions as applicable. NOTE: IAW FAR 4.804-5 -- Procedures for Closing Out
Contract Files Subparagraph (b)(5), the acquisition support should ensure that the Contract
2015 EDITION (Thru PN 23-04)
Appendix B-12
NASA Federal Acquisition Regulation Supplement
Appendix B – Contract Closeout Procedures
Completion Statement contains the last call/order number as if the order were a contract awarded
independently of the agreement.
(c) The “Agreement” is considered closed once all calls/orders have been closed.
(d) The Acquisition Support should ensure BPAs are properly closed in FPDS-NG and is
reflected in Enhanced Procurement Data Warehouse (EPDW).
B-204 Closeout of Task and Delivery Orders.
(a) Each Task/Delivery Order (TO/DO) under an Indefinite Delivery/Indefinite Quantity
(IDIQ) contract must be closed separately as if it were a stand-alone contract if the contract was
funded at the TO/DO level. The Closeout Contractor shall follow the procedures outlined above
that correspond with a cost reimbursement TO/DO or a fixed price TO/DO.
(c) Whenever appropriate cost reimbursement TO/DOs should be closed via Quick
Closeout Procedures. If Quick Closeout Procedures are not appropriate, the Closeout Contractor
should wait to close out the task order until the necessary indirect cost rate information is obtained
or an alternate agreement is reached.
B-205 Closeout of Interagency Agreements.
(a) The Closeout Contractor should:
(1) Verify technical acceptance of requirements by sending an email or memo to
the program office to confirm all technical requirements have been met by the contractor or
partnering agency
(2) Verify with the partner agency that all invoices (Intra-Governmental Payment
and Collection (IPAC) transactions) have been submitted and paid, i.e. and no additional invoices
will be submitted. The partnering agency is allowed up to 7 years to submit an IPAC request for
payment.
(3) Ensure that any amount remaining on the interagency agreement is consistent
with the amount shown in SAP and the official contract file. Perform any reconciliation, as
necessary.
(4) Prepare a modification to officially closeout the interagency agreement for
closeout contracting officer signature. The modification should include the deobligation of any
unliquidated funds.
(5) Ensure the action is properly closed in SAP and all applicable systems and/or
agency contracting writing system.
B-206 Acquisition Support Checkpoint.
2015 EDITION (Thru PN 23-04)
Appendix B-13
NASA Federal Acquisition Regulation Supplement
Appendix B – Contract Closeout Procedures
When seeking contracting officer signature of closeout actions, the Closeout Contractor must
present a Checkpoint summary documenting the action requested and provide any support
rationale and/or documentation as/if needed.
B-300 Unique Contract Closeout Situations.
These functions are provided by the Closeout Contractor. All actions should be worked to the point
of signature and coordinated with the center’s closeout contracting officer for final signature and
execution.
B-300-1 Contractor No Longer in Business.
(a) It is not uncommon to have open contracts for companies that are no longer conducting
business. In these instances, the Government shall take every reasonable measure to locate the
company and/or its principals. When the contractor is no longer in business, the Closeout
Contractor shall:
(1) Review the company’s System of Award Management (SAM) registration
(active/inactive) and call the entity’s business point of contact.
(2) Review the company’s website for contact information and contact/inquire
about the company’s status from their identified customers.
(b) Document the contract file with every attempt made to locate the company. If all of
the above attempts prove unsuccessful, the acquisition support should begin Administrative
Unilateral Closeout. Administrative Unilateral Closeout begins with a thorough review of the
official contract file(s).
(c) The following should be ascertained during that review:
(1) Is the contract physically complete and has Government acceptance of
goods/services been received?
(2) Was the contractor previously paid any funds?
(3) Has the cognizant audit or administration office been involved with this
contract? Are there any other agency's contracts with this contractor? Check with the CFA or audit
service provider to determine the status of any indirect cost rate settlement (if this contract is other
than FFP)
(4) Has the contract been terminated for convenience or default?
(d) Any other pertinent information relative to the contractor or performance of the
contract (e.g., unsettled subcontract costs, litigation, etc.) should be considered. It is recommended
that the contracting officer consult with legal counsel to ascertain if any actions are pending against
this vendor/contractor.
(e) Review all of the available data to determine the final contract price and if any excess
funds can be deobligated from the contract.
2015 EDITION (Thru PN 23-04)
Appendix B-14
NASA Federal Acquisition Regulation Supplement
Appendix B – Contract Closeout Procedures
(f) Complete a memo to file documenting the rationale used in the final decision to
proceed with a unilateral modification.
(g) Prepare a unilateral modification for contracting officer signature to deobligate any
excess funds and formally closeout the contract.
B-300-2 Contractor in Bankruptcy.
(a) In accordance with FAR 42.9 Bankruptcy the contracting officer shall take prompt
action to determine the potential impact of a contractor bankruptcy on the Government in order to
protect the interests of the Government.
(b) Once a bankruptcy petition is filed, an automatic stay goes into effect. This stay
generally precludes any action to collect from the debtor or to interfere with the debtor’s property
interests. Contract closeout actions could interfere with the property interest and violate the stay.
Contracts can be considered property of the bankrupt estate.
Consequently, contract closeout actions should generally not be done without relief from
the stay. Violation of the stay can subject responsible parties to contempt citations.
(c) Any claim against the contractor must be filed with the court in the form of a Proof of
Claim. With the filing of a bankruptcy petition, the court usually will set a date by which the Proof
of Claim must be filed. Potential claims against the contractor must be compiled and analyzed to
determine whether a Proof of Claim is in the best interests of the Government and, if so, that
information must be provided to the legal counsel.
(d) The OCFO in collaboration with the contracting officer is responsible for preparing the
Proof of Claim and providing it to the cognizant US Attorney for filing with the bankruptcy court.
(e) The contracting officer should use discretionary judgement when deciding to either wait
on the bankruptcy court proceedings to conclude or to produce a unilateral modification closing
the contract out. If the CO awaits the resolve of court proceedings, the contract cannot be closed.
(f) If the contracting officer determines that the balance of the final contract cost/price yield
a zero balance due then the Closeout Contractor shall complete a memo to file documenting the
rationale used to proceed with Administrative Unilateral Closeout and any determination of final
contract price.
(g) Prepare a unilateral modification to deobligate any excess funds and formally closeout
the contract.
B-300-3 Contractor Lacks Settlement of Final Indirect Rates (Applicable to Flexible Priced
Contracts).
2015 EDITION (Thru PN 23-04)
Appendix B-15
NASA Federal Acquisition Regulation Supplement
Appendix B – Contract Closeout Procedures
(a) One criteria of a flexibly priced contracts (cost type, time and material, etc.) in closeout
is that it must have settled final indirect rates for each year the contract is physically active.
(Reference FAR 42.705-1(b). When working with a contractor that lacks establishment of final
indirect rates consider the following:
(1) If the contract is overaged, the Closeout Contractor shall review the contract to
see if it is a candidate for Alternate Closeout Procedures.
(2) If the contract is not a candidate,
(i) Contact the appropriate audit office and obtain any audit information
that would assist in ascertaining rate reconciliation
(ii) If an audit has not been performed, submit an audit request/inquiry to
[email protected].
B-300-4 Contractor is Unable to Submit Supporting Indirect Cost Data.
(a) On rare occasions, contractors are unable to provide final invoice/voucher because they
have not retained their financial records for a fiscal year. This could be due to natural disaster,
system file failure, etc. When this happens, the contractor does not have the ability to support an
incurred cost audit or the incurred cost previously billed on other contracts. When the contractor
demonstrates an inability to support an incurred cost audit or incurred costs previously billed on
other contracts the contracting officer may determine to administratively close the award utilizing
an Administrative Unilateral Closeout. A risk assessment may be required to ensure the financial
security of the contractor.
(b) The Closeout Contractor should have an understanding as to why the vendor is unable
to provide the final invoice/voucher and provide a recommendation for Administrative Unilateral
Closeout for CO consideration/approval.
(c) If Administrative Unilateral Closeout is deemed suitable under the circumstances, it is
recommended that the contracting officer proceed with the closeout as follows (the Closeout
Contractor should coordinate with contracting officer as needed):
(1) Contact the appropriate audit office and obtain an opinion as to the
appropriateness of an Administrative Unilateral Closeout of the contract.
(2) Calculate the final price based on previous amounts paid to date.
(3) Complete a memo to file documenting the rationale used in the final decision to
proceed with a unilateral modification.
(4) Complete a modification establishing the recommended final price as the
amount previously paid to date and deobligate any excess funds.
(5) Proceed to close the contract, if applicable.
B-300-5 Contractor Fails to Submit Final Invoice.
(a) For FFP Contracts, the Acquisition Support should send a reasonable number of
requests for a final invoice to the contractor. If the contractor does not submit a final invoice, the
Closeout Contractor should do the following:
2015 EDITION (Thru PN 23-04)
Appendix B-16
NASA Federal Acquisition Regulation Supplement
Appendix B – Contract Closeout Procedures
(1) Verify that the government has accepted all shipments/performance.
(2) Send an initial email to the contractor to include a suspense date seeking a
specific date that the final invoice may be expected. (The overall suspense date should not exceed
120 days)
(3) If 60 days have passed, send a second email to the contractor advising them of
the contracting officer intent to issue an Administrative Unilateral Closeout action if a final invoice
is not provided within the next 60 days.
(4) If the contractor fails to respond within 120 days from the date of original
notice, the Closeout Contractor prepare an administrative unilateral closeout modification for the
closeout contracting officer signature and close the contract and deobligate any access funds.
(5) If the contractor is responsive over the 120-day period, the Closeout Contractor
is advised to work further with the contractor to the greatest extent practical and consider closeout
after final payment is remitted.
(6) Complete a memo to file explaining the rationale used in the final decision to
include the number of attempts via web search to locate viable POC attempts or any other
restrictions that warranted the use of a unilateral modification.
(7) Complete a unilateral modification to deobligate any excess funds and
formally closeout the contract.
(b) For Cost Reimbursable & Flexibly Priced Contracts, the contractor is contractually
required to submit a final invoice or invoice within 120-days after settlement of final indirect
cost rates.
performance.
(1) The Closeout Contractor shall:
(i) Verify that the government has accepted all shipments and/or
(ii) Issue an "Initial Letter of Request for Final Invoice/Voucher" and
establish a reasonable suspense. This step may have already been completed when the research
and determination of the reason for non-submission was performed. If so, there is no need to
issue an additional letter.
(iii) Coordinate with center contracting officer and advisors as needed.
(iv) Determine the total allowable cost IAW Audits of Indirect Cost
Rates. e.) Determine the total previous payments made to the contractor
(v) Send an email to the contractor, which serves as a notice of intent to
unilaterally determine the final contract prices if the final invoices are not received within 30days from date of the notice.
(vi) Calculate the final contract price. If it is determined that the
contractor has been underpaid, state the amount due in the final unilateral determination
modification. If overpayment has occurred, submit a demand letter requesting a refund from the
contractor.
(vii) If it is determined that excess funds remain on the contract,
deobligate those funds within the final unilateral determination modification.
(viii) Complete a memo to file documenting the rationale used in the final
2015 EDITION (Thru PN 23-04)
Appendix B-17
NASA Federal Acquisition Regulation Supplement
Appendix B – Contract Closeout Procedures
decision to proceed with a unilateral modification.
(ix) Prepare a final unilateral determination modification denoting
Administrative Unilateral Closeout and the calculation of the final contract price for contracting
officer signature. Request that the contracting officer consider including appropriate comments
in any future past performance questionnaires received on this contractor.
(x) Coordinate the final package and the proposed modification through
center contracting officer for signature. l.) Issue the final unilateral determination modification
and closeout the contract.
(c) In situations where indirect cost rates have been settled and the contractor has failed
to adhere to FAR 52.216- 7(d)(5), it is recommended the acquisition support research to
determine the reason for non-submission. Many times the contractor may not be able to
submit a final invoice/voucher because:
(1) They are awaiting final subcontractor costs.
(2) There is a lack of accounting staff to prepare final invoices.
(3) There is a lack of sufficient final records needed to prepare cumulative cost
sheets and ultimately the final invoice.
(4) The final invoice would result in a credit balance due to the Government.
(5) The final invoice would equal $0.00
(d) The Closeout Contractor should try to work with the contractor to develop an
acceptable plan for submission of the final invoice, and recommend to the contracting officer
a reasonable extension for vendor submission, if necessary. If the contractor still will not
submit an interim invoice, final invoice, other remedies available to the contracting officer
include:
(1) Leadership Involvement.
(2) Initiate non-contractual remedies such as inclusion of comments
in requests for Past Performance information on other contracts.
(3) Suspend any interim financing payments.
(4) Decrement the contractor's previously settled indirect cost rates.
(5) Withhold any fees that may be due.
(e) If the above remedies are unsuccessful or are not an option, the acquisition support should
prep a unilateral modification in accordance with 52.216-7(d)(5) for contracting officer signature
and execution.
B-400 Alternate Closeout Procedures for Overaged Contracts.
(a) Overaged contracts are contracts that have been physically complete for six years or more.
(b) In an effort to reduce the footprint of overaged contracts, NASA Headquarters Office of
Procurement has established Alternate Closeout Procedures designed to evaluate overall risk
2015 EDITION (Thru PN 23-04)
Appendix B-18
NASA Federal Acquisition Regulation Supplement
Appendix B – Contract Closeout Procedures
to the Government in addition to certain criteria being met in order to negotiate the settlement
of final contract cost to advance contract closeout.
(c) FAR 42.708 authorizes contracting officers responsible for contract closeout to negotiate
the settlement of direct and indirect costs for a specific contract, task order, or delivery order
to be closed in advance of determination of final direct costs and indirect rates set forth in
FAR 42.705. Contracting Officers shall consider the use of alternate closeout procedures for
all cost reimbursable and flexibly priced contracts when the contract has been physically
complete for six years or more.
(d) Contracting Officers shall utilize a risk assessment and discretionary judgement when
identifying contracts as appropriate candidates for alternate closeout procedures and document
such on the contract closeout checklist and settlement agreement. Contracting Officers must
obtain the appropriate approval when utilizing Alternate Closeout Procedures before executing
a settlement agreement.
(e) When the contract is in possession of the Closeout Contractor, this action shall be
coordinated with the Center’s Closeout Contracting Officer and presented to the HQ
Closeout Manager for approval.
(f) Closeout Contractor shall prepare the final risk assessment, final closeout
modification, final pre negotiation memorandum and final draft of the settlement
agreement. The Center Closeout CO shall prepare Post Negotiation Memorandum and
work to request any funding, if applicable.
(f) A copy of the risk assessment and proposed settlement agreement should be forwarded to
the Contract Closeout Manager, HQ for approval at [email protected].
(g) The risk assessment, when properly documented, will address and determine that the
contractor/contract has:
(1) Expired/Canceled funds
(2) Approved Accounting System during all unsettled years;
(3) No outstanding corrective actions related to accounting, purchasing or
estimating systems that would have a material impact on the ability of the contractor to
prepare an accurate certified incurred cost proposal and a complete and accurate final invoice
for this contract;
(4) No unsettled Cost Accounting Standards (CAS) non-compliances for
contracts unsettled years which would have a material impact on the ability of the contractor to
complete and accurate final invoice for this contract.
(5) Has three consecutive years of incurred cost audit history
(6) Not billed in excess of established ceiling rates in the contract (if applicable)
(7) No significant/material concerns of the cognizant contract auditors
(8) No other issues that would cause the Contracting Officer to consider the
2015 EDITION (Thru PN 23-04)
Appendix B-19
NASA Federal Acquisition Regulation Supplement
Appendix B – Contract Closeout Procedures
need for an audit opinion before settlement of rates and direct costs such as changes to the
contractor’s rate structure during the unsettled years, volatility of rate fluctuations during
affected periods, merger or acquisition, or special contract provisions limiting contractor’s
recovery of otherwise allowable indirect costs under flexibly priced.
(9) The contractor/contract is not in litigation.
(h) Determinations of final indirect costs under the alternate closeout procedure
provided for by the Allowable Cost and Payment clause at 52.216-7 shall be final for the
contract it covers and no adjustment shall be made to other contracts for over- or underrecoveries of costs allocated or allocable to the contract covered by this settlement
agreement.
(i) Indirect cost rates used in the alternate closeout procedure of a contract shall not
be considered a binding precedent when establishing the final indirect cost rates for other
contracts.
(j) If the above criteria are met and approved by HQ Closeout Manager, the contracting
officer shall(1) Submit a request for audit waiver (if applicable) to [email protected] once approved,
(2) Conduct Negotiations
(3) Request Funding for Final Invoice (this should be worked in parallel with
negotiations); and
(4) Prepare a written contract specific settlement agreement conforming to the
requirements of the contract.
(5) Once settlement has been reached, issue a modification closing
the contract with the settlement agreement attached.
(k) All copies of final settlement agreements to include negotiation memorandums
must be sent with subject line: Final Settlement Agreement - Contract Name, (Insert
Contract Number) to HQ-DL-OP-NASA-Contract- [email protected].
2015 EDITION (Thru PN 23-04)
Appendix B-20
NASA Federal Acquisition Regulation Supplement
Appendix C – Data Requirements Descriptions and Requirement Statements
APPENDIX C
DATA REQUIREMENTS DESCRIPTIONS,
REQUIREMENTS STATEMENTS, AND SOLICITATION INSTRUCTIONS
TABLE OF CONTENTS
PART
C-100
C-101
100
INTRODUCTION
General.
Use of data requirements descriptions and requirement statements.
PART
C-200
C-201
C-202
C-202.1
C-202.2
200
DATA REQUIREMENTS DESCRIPTIONS
Purpose.
Definitions.
Prescriptions for use of data requirements descriptions.
Organizational Conflicts of Interest Plan
Diversity, Equity, Inclusion, and Accessibility (DEIA) Plan
PART
C-300
C-301
C-301.1
300
REQUIREMENTS STATEMENTS
Purpose.
Prescriptions for use of requirement statements.
Foreign Travel by Contractor Employees on NASA Official
Business
Counterintelligence Briefings
Protecting and Preserving the Historic and Scientific Value of U.S.
Government Lunar Artifacts
400
SOLICITATION INSTRUCTIONS
C-301.2
C-301.3
PART
C-400
C-401
C-401.1
C-401.2
Purpose
Prescriptions for use of solicitation instructions
Financial Capabilities Assessment
Electronic Proposal Delivery – Proposal Marking and
Delivery Through NASA EUSO s EFSS Box
2015 EDITION (Thru PN 23-04)
Appendix C-1
NASA Federal Acquisition Regulation Supplement
Appendix C – Data Requirements Descriptions and Requirement Statements
APPENDIX C
DATA REQUIREMENTS DESCRIPTIONS AND
REQUIREMENT STATEMENTS
[PN 21-05]
PART 100 – INTRODUCTION
C-100 General.
This appendix contains policies regarding use of the agency-wide data requirements descriptions
and requirements statements prescribed in this regulation.
C-101 Use of data requirements descriptions and requirement statements
The data requirements descriptions in this appendix provide a standardized process and format
for contractor data deliverables for use in solicitations and contracts. The requirement statements
provide requirements that supplement the statement of work or performance work statement.
Prescriptions for use of each data requirements description and requirement statements are
included in Parts 2 and 3 of this appendix, respectively.
PART 200 – DATA REQUIREMENTS DESCRIPTIONS
C-200 Purpose.
This part provides agency-wide data requirements descriptions (DRDs) that define specific
documentation requirements to be provided by NASA contractors during contract performance.
Contracting officers shall include DRDs in solicitations and contracts that apply to the specific
acquisition. The complete listing of agency-wide DRDs can be found here.
C-201 Definitions.
As used in this appendix“Data Type Description” Each DRD is classified by data type as defined below:
Type 1 - All submittals of and interim changes to Type 1 DRDs require written approval from
the contracting officer before formal release for use or implementation (e.g., Organizational
Conflicts of Interest Plan).
Type 2 - NASA reserves a time-limited right to disapprove in writing any submittal of and
interim changes to Type 2 DRDs. The contractor shall submit the required data to NASA for
review within the time period established in the DRD prior to its release for use. The contractor
shall clearly identify the release target date. If the data is unacceptable, the contracting officer
will notify the contractor within the time period established in the DRD from the date of
2015 EDITION (Thru PN 23-04)
Appendix C-2
NASA Federal Acquisition Regulation Supplement
Appendix C – Data Requirements Descriptions and Requirement Statements
submission, regardless of the intended release date. The contractor shall resubmit the information
for reevaluation if disapproved. The submittal is considered approved if the contractor does not
receive disapproval or an extension request from the contracting officer within the time period
established in the DRD (e.g., Government Property Plan).
Type 3 – Type 3 DRDs shall be delivered by the contractor as required by the contract and do
not require NASA approval.
C-202 Prescriptions for use of Data Requirements Descriptions
C-202.1 Organizational Conflicts of Interest (OCI) Plan.
Insert the Organizational Conflicts of Interest (OCI) Plan DRD in solicitations when mitigation
is a potential method to resolve conflicts.
C-202.2 Diversity, Equity, Inclusion, and Accessibility (DEIA) Plan.
Insert the DEIA Plan DRD in acquisitions $5 million or greater, except for construction and
commercial supply contracts and individual task/delivery orders against NASA Indefinite –
Delivery, Indefinite - Quantity Contracts.
The DEIA Plan must be submitted within 30 days after contract award. The contracting officer
will conduct an annual assessment of the contractor’s current year’s metrics, as provided within
the plan, compared with the preceding year. When performing the annual assessment, if there are
questions regarding DE&I, as it relates to data provided by the contractor, advice may be sought
from the Center’s Office of Diversity and Equal Opportunity (ODEO) Points of Contacts. The
CO shall document any evidence of poor performance in the contract file and inform the
contractor that a sustained decline may result in an adverse finding documented in the Contractor
Performance Assessment Reporting System (CPARS).
[PN 22-01]
PART 300 – REQUIREMENTS STATEMENTS
C-300 Purpose.
This part provides requirements statements which provide supplemental statement of work or
performance work statement requirements for use in solicitations and contracts. Contracting
officers shall include in solicitations and contracts any requirements statements that apply to the
specific acquisition. Contracting officers shall use the agency-wide Requirements Statements
List template to incorporate all applicable agency-wide requirements statements into one
document as an attachment to the contract. The complete listing of agencywide requirements statements can be found here.
2015 EDITION (Thru PN 23-04)
Appendix C-3
NASA Federal Acquisition Regulation Supplement
Appendix C – Data Requirements Descriptions and Requirement Statements
C-301 Prescriptions for use of Requirements Statements.
C-301.1 Foreign Travel by Contractor Employees on NASA Official Business
Insert the Foreign Travel by Contractor employees on NASA Official Business Requirement
Statement in solicitations and contracts when it is anticipated that contractor employees will be
required by the contract to travel international on NASA official business.
[PN 22-06]
C-301.2 Counterintelligence Briefings
Insert the Counterintelligence Briefings Requirements Statement in solicitations and
contracts when it is anticipated that contractor employees will or may be required to travel
internationally on official NASA business.
[PN 22-07]
C-301.3 Protecting and Preserving the Historic and Scientific Value of U.S. Government
Lunar Artifacts
Insert the “Protecting and Preserving the Historic and Scientific Value of U.S. Government
Lunar Artifacts” requirements statement in solicitations and contracts requirements when the
resultant contract will pertain to lunar activities carried out by, for, or in partnership with NASA.
[PN 22-16]
PART 400 – SOLICITATION INSTRUCTIONS
C-400 Purpose.
This part provides additional solicitation instructions for offerors. Contracting officers shall
include in solicitations any instructions that apply to the specific acquisition. The complete
listing of agency-wide solicitation instructions to offerors can be found here.
C-401 Prescriptions for the use of Solicitation Instructions.
C-401.1 Financial Capabilities Assessment
Insert the solicitation instruction “Financial Capabilities Assessment” in solicitations related to a
significant contract for design and development programs and projects, with a lifecycle cost of
$500 million or more, or otherwise designated by the NASA Associate Administrator.
2015 EDITION (Thru PN 23-04)
Appendix C-4
NASA Federal Acquisition Regulation Supplement
Appendix C – Data Requirements Descriptions and Requirement Statements
C-401.2 Electronic Proposal Delivery – Proposal Marking and Delivery Through
NASA’s EFSS Box
Insert the solicitation instruction “Electronic Proposal Delivery – Proposal Marking and Delivery
Through NASA’s EFSS Box” in solicitations when submission of electronic proposals is
required.
[PN 22-13]
2015 EDITION (Thru PN 23-04)
Appendix C-5
| File Type | application/pdf |
| File Title | NASA FAR Supplement |
| Author | Geoffrey S. {Sage} (HQ-LP011) |
| File Modified | 2023-05-11 |
| File Created | 2023-05-11 |