TABLE OF CONTENTS
SUBPART 1807.1 ACQUISITION PLANS
1807.103 Agency-head responsibilities.
1807.104 General procedures.
1807.105 Contents of written acquisition plans.
1807.107 Additional requirements for acquisitions involving bundling.
1807.107-70 Orders against Federal Supply Schedule contracts or other
indefinite-delivery contracts awarded by another agency.
1807.170 Procurement Strategy Meeting (PSM).
SUBPART 1807.2 PLANNING FOR THE PURCHASE OF SUPPLIES IN
1807.204 Responsibilities of contracting officers.
SUBPART 1807.5 INHERENTLY GOVERNMENTAL FUNCTIONS
1807.7001 Purchase request.
1807.7002 File documentation.
1807.7003 Advance agency planning.
SUBPART 1807.71 MASTER BUY PLAN
1807.7102 Submission, selection, and notification procedures.
1807.7102-1 Submission of Master Buy Plan Records.
1807.7102-2 Selection and notification procedures.
SUBPART 1807.72 ACQUISITION FORECASTING
1807.7203 Forecast data.
(e)(i) Except as provided in paragraph (e)(iii) of this section, acquisition plans shall be prepared according to the following:
(A) For acquisitions requiring Headquarters approval, by a Procurement Strategy Meeting (PSM).
(B) For acquisitions not requiring Headquarters approval and expected to exceed $10 million, by installation-approved PSMs or written acquisition plans.
(C) For acquisitions 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) Architect-engineering services.
(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.
(iv) Acquisition plans shall be approved before soliciting proposals.
(v) Approval of an acquisition plan does not constitute approval of any special conditions, or special clauses that may be required unless the plan so specifies, and the individual having approval authority is a signatory of the plan. Contracting officer shall ensure all deviations are approved in accordance with the procedures described in FAR 1.4 and 1801.4.
(vi) A single acquisition plan may be used for all phases of a phased acquisition provided the plan fully addresses each phase, and no significant changes occur after plan approval to invalidate the description of the phases. If such significant changes do occur, the plan shall be amended and approved at the same level as the original plan.
(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.
(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, all available at http://nodis3.gsfc.nasa.gov/).
1807.105 Contents of written acquisition plans.
Acquisition plans shall address each applicable topic listed in FAR 7.105, as supplemented by this section. Plans shall be structured by subject heading using each italicized topic heading in the same sequence as presented in the FAR. Procurement strategy meetings (PSMs) held at Headquarters shall follow the FAR and NFS. Additional guidance for Headquarters PSMs is in the Guide for Successful Headquarters Procurement Strategy Meetings available at: http://prod.nais.nasa.gov/portals/pl/documents/PSMs.html . Subheadings should be used when appropriate (e.g., the separate items under acquisition considerations at 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 other feasible 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 211 0.1 and Export Control Program (http://www.hq.nasa.gov/office/oer/nasaecp/Welcome.html)); 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.
(8) Streamlining applies to all NASA acquisitions. Describe all planned streamlining procedures.
(b) Plan of action.
(1) Discuss considerations given to the use of existing government-wide contracting opportunities established as federal strategic sourcing initiatives, such as FSSI procurement vehicles for express and ground domestic delivery services; NASA’s Strategic Sourcing Initiatives for Enterprise License Management Team Program (see NFS 1807.70); any other agency strategic sourcing initiatives. Discuss coordination with cognizant Agency and Center CFO, CIO, CAO, or other program offices, if any.)
(2)(iv) Describe subcontracting issues, including all applicable subcontracting goals. (See FAR Part 19, NFS 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 CPARS and 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.
(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.
(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 non-severable 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 management issues, including —
(A) Planned delegations of administrative functions; and
(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.
(20)(viii) Address Master Buy Delegation.
(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.
(c) Requests for approval of proposed bundlings that do not meet the thresholds in FAR 7.107(b) must be approved by the Chief Acquisition Officer. Centers shall submit requests with supporting rationale and justification to the Headquarters Office of Procurement, Program Operations Division.
(e) The substantial bundling documentation requirements apply to each proposed NASA bundling expected to exceed $5 million. The contracting officer must forward the documentation along with the measurable benefits analysis required by FAR 7.107(b) to the Headquarters Office of Procurement, Program 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.
The FAR and NFS requirements for justification, review, and approval of bundling of contract requirements also apply to an order from a Federal Supply Schedule contract or other indefinite-delivery contract awarded by another agency if the requirements consolidated under the order meet the definition of "bundling" at FAR 2.101.
(a) The PSM is an acquisition plan conducted through a meeting attended by all interested NASA offices. The online Guide for Successful Headquarters Procurement Strategy Meetings (PSMs) can be found at the following URL: http://prod.nais.nasa.gov/portals/pl/documents/PSMs.html. For Headquarters PSMs, the charts should be submitted to the Program Operations Division analyst 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 Program Operations Division Analyst.
(d) Headquarters PSMs will be chaired by the Assistant Administrator for Procurement or designee. The Headquarters Office of Procurement (Program 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.
(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.
(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.
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.
(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. 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 NSSCELMT@mail.nasa.gov 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.
The Master Buy Plan (MBP) provides information on planned acquisitions to enable management to focus its attention on a representative selection of high-dollar-value and otherwise sensitive acquisitions. Master Buy Plan submissions are tracked and managed through an Internet-based tool known as the Master Buy Plan Database (MBPD) (https://smith.hq.nasa.gov/mbpbpr/login/). MBPD data is used to support other Agency planning activities, including the monthly Baseline Performance Review (BPR).
(a) The Master Buy Plan applies to:
(1) New contract actions, supplemental agreements, letter contracts, undefinitized contract actions, and interagency acquisitions, where the dollar value, including the aggregate amount of options, or later phases of multi-phase acquisitions, is expected to equal or exceed $50,000,000.
(2) New contract actions for Human Exploration and Operations Mission Directorate HEOMD expected to exceed $10,000,000 for space flight hardware or human space flight systems development, production, or processing. All other acquisitions are subject to the requirements outlined in paragraph (a)(1) of this section.
(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 equals or exceeds $50,000,000 (e.g., the absolute value of a supplemental agreement adding $30,000,000 of new work and deleting $30,000,000 of work is $60,000,000, and is therefore subject to the Master Buy Plan).
(4) All Broad Agency Announcements (BAA) 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 total value of all anticipated awards is expected to equal or exceed $50,000,000, including the aggregate amount of all options and renewal periods.
(5) Contract actions including new work modifications, change orders and/or terminations regardless of dollar amount that are considered to be of significant interest to Headquarters or has agency public information implications. The CO shall contact the NASA Headquarters Office of Procurement, Program Operations Division to discuss possible inclusion of such an action in the Master Buy Plan.
(b) The Master Buy Plan does not apply to incremental funding actions, and task or delivery orders issued under a NASA indefinite-delivery contract.
(a) Each installation shall submit to the NASA Headquarters Office of Procurement, Program Operations Division, a Master Buy Plan record in the MBPD for every known acquisition that meets the criteria in 1807.7101. The MBPD is a living database and should be updated continually to identify upcoming acquisitions.
(b) If the reporting criteria in 1807.7101 does not result in identification of at least three actions, each NASA Center shall supplement its submission so that its three largest acquisitions, regardless of dollar value, are included for review and coordination by NASA Headquarters, Program Operations Division, as soon as the requirements become known. If, by January 31st of each fiscal year, an installation has not submitted at least three acquisitions based on the criteria described in 1807.7101, the installation must submit its largest three acquisitions, regardless of their value, so that the MBPD contains at least three acquisitions per Center or installation.
(c) Installations are required to maintain current status information for all MBP records until the award data is entered into the MBPD.
(a) The Headquarters Office of Procurement, Program Operations Division, shall review acquisitions submitted through the MBPD to determine which procurement actions will be delegated, i.e. remain at the Center or installation for review and approval, and which will be selected for Headquarters review and approval. The Program Operations Division analyst will disposition decisions with the appropriate Headquarters Mission Directorate(s) and/or Mission Support Office(s). Decisions regarding the level of review required for each MBP record will be designated on the “Pre-Award Milestones” screen of the MBPD by the Program Operations Division analyst. The possible reviews/approvals that can be assigned for each milestone action are defined below:
(1) “Select” means NASA Headquarters has chosen this acquisition milestone for HQ review and approval (signature authority at HQ).
(2) “Delegate” means NASA Headquarters has determined no further HQ oversight of an acquisition milestone is required.
(3) “Concur” means NASA Headquarters has chosen this acquisition milestone for review prior to completion of the milestone (written concurrence by HQ).
(4) “Info Copy” means NASA Headquarters receives a copy of this acquisition milestone documentation prior to completion of the milestone.
(5) “TBD” “to be determined” means no NASA Headquarters decision has been made regarding the required level of Headquarters review for this acquisition milestone.
(6) “N/A” not applicable” means this acquisition milestone does not apply to this acquisition.
(b) When, subsequent to selection or delegation, an acquisition is changed (e.g. there is an increase or decrease in dollar amount, a change in requirement, a change in milestone schedule, it is canceled, superseded, deferred, or becomes no longer subject to the Master Buy Plan procedures in accordance with the criteria in 1807.7101), the installation shall update the MBPD to notify the Program Operations Division analyst of the change. The Program Operations Division analyst
(c) All acquisitions subject to MBP procedures, whether selected for Headquarters review or not, may be subject to after-the-fact reviews by Headquarters during normal procurement management reviews or other special reviews. Delegated MBP actions may subsequently be rescinded if a Headquarters review is deemed appropriate.
(a) As required by the Business Opportunity Development Reform Act of 1988, it is NASA
(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
"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).
NASA Procurement Officers shall provide the data required by 1807.7203 to the Headquarters Office of Procurement, Analysis Division not later than September 1 for the annual forecast and March 1 for the semiannual update.
(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 Supplies (including equipment) and shall include the elements outlined at http://www.hq.nasa.gov/office/procurement/forecast/ 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.