18.4-7200 Scope of subpart.
This subpart sets forth administrative requirements for (a) furnishing to NASA Headquarters advance contract information regarding proposed procurements expected to exceed the small purchase limitation and (b) contracts and supplemental agreements requiring approval from NASA Headquarters before award. It also lists information to be furnished by contracting officers in submitting contracts and supplemental agreements for Headquarters approval. These requirements are in addition to other approval and review requirements.
1804.7201 Advance information.
(a) A copy of each unclassified presolicitation notice, solicitation, or changes thereto, including specifications but not drawings, shall be forwarded to the Office of Small & Disadvantaged Business Utilization, NASA Headquarters (Code K), at the time of issuance. If the proposed procurement is classified, only a copy of the solicitation notice is required.
(b) The contents of the presolicitation notice are prescribed at FAR 5.207. Each copy of the solicitation shall be accompanied by a statement of the estimated cost of the proposed procurement and a complete list of firms or persons solicited. This information is for internal NASA use only.
1804.7202 Contract review by the contracting officer.
All contractual documents, regardless of dollar value, require a complete review by the contracting officer.
1804.7203 Contract review by Headquarters.
(a) Purpose. The primary purpose of NASA Headquarters review and approval of contractual actions is to provide an independent review and analysis to determine whether the procurements --
(1) Have been competently negotiated;
(2) Are based on adequate information;
(3) Are in conformance with law, established policies and procedures, and sound business practice; and
(4) Will result in contracts that adequately protect the Government's interest.
(b) Information to be furnished. Requests for approval of contracts and supplemental agreements submitted to Headquarters for approval by the Associate Administrator for Procurement, in accordance with subparts 1807.71, Master Buy Plan Procedures, and 1816.603, Letter contracts, shall include the information required by this section and shall be forwarded in sufficient time to allow a minimum of 15 days for review. The official contract file shall be submitted with the request for approval and shall include a completed NASA Form 1098, Checklist for Contract Award File Content. Where Headquarters legal counsel review is required, a duplicate copy of the file should, if practical, be forwarded in order to expedite review. A list of contracts requiring such legal review will be published periodically.
(c) Negotiated contracts and supplemental agreements. Each request for approval of a negotiated contract or supplemental agreement shall be accompanied by (1) eight copies of the contract, four of which have been executed by the contractor and contracting officer, and (2) the official contract file containing the appropriate documentation as set forth in FAR 4.803(a). However, for the items specified in FAR 4.803(a)10, (11), and (12), the contracting officer shall provide documentation pertaining only to the successful offeror; and, for the items specified in FAR 4.803(a)(26), the contracting officer is not to provide supporting documentation for previously issued contract modifications except as required below. When the contract being forwarded is a supplemental agreement to an existing contract, the contract file shall include an index of all previous modifications, which will serve as a guide or quick reference; e.g., S.A. No. 2--Added the clause at 1852.223-70, Safety and Health.
(d) Conditional approval of contracts and supplemental agreements.
(1) Contracts and supplemental agreements submitted to Headquarters for the approval of the Associate Administrator for Procurement may be approved conditionally, subject to requiring the cognizant contracting office to take certain corrective actions within a specified period of time. These corrective actions include (i) revising, deleting, or adding contract clauses and (ii) developing additional supporting data for inclusion in the contract file, prior to or concurrent with the distribution of the approved contract or by an early supplemental agreement.
(2) The procurement officer shall ensure that these corrective actions are accomplished in accordance with the conditional approval. In addition, the procurement officer shall provide the Associate Administrator for Procurement (Code HS) (i) a copy of the corrected contract pages, supplemental agreement, or additional supporting data meeting the conditions of approval and (ii) a memorandum referencing the Headquarters conditional approval and indicating the status of the corrective actions.
(3) On receiving and reviewing the corrective actions, the Headquarters Office of Procurement (Code HS) will notify the cognizant procurement officer of the disposition of the conditional approval. This notice shall be made a part of the official contract file and the Headquarters file of record.
(e) Approval. The approval required under this section shall be made by signature of the Associate Administrator for Procurement on the contract/ supplemental agreement.