NFS subpart 1804.70

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 Restrictions.

Requests for permission to transfer a contract to another NASA installation, when considered advisable by the installation director, shall be addressed to the appropriate official in charge of a Headquarters program office or the designated program director, after concurrence from the recipient installation director. Contracts shall not be transferred by an installation until permission to transfer has been obtained. The concurrence of the Associate Deputy Administrator--Institution (Code AD-I) is also required for a transfer where an installation's roles and missions may be affected.

1804.7003 Preparatory actions.

The procurement officer of the installation transferring the contract shall contact the procurement officer of the installation scheduled to receive the contract. This contact shall be for the purpose of establishing a working agreement and a time-phased schedule of transfer actions.

1804.7004 Coordinating actions by the contracting officer of the installation transferring the contract.

The contracting officer shall coordinate with the following elements within the transferring installation before transferring a contract:

(a) Financial Management Office, to determine the contract financial records to be transferred and the method, timing, and dollar amount of such transfers.

(b) Technical (Engineering and Project) Office, to determine the status of any outstanding engineering changes.

(c) Reliability and Quality Assurance Office, to determine status and method of transferring the reliability and quality assurance functions.

(d) Industrial Property and Facilities Office, to determine the method of transferring the Government property records.

(e) Transportation Office, to determine the status of bills of lading furnished the contractor.

(f) Security Office, to determine whether any classified material is outstanding and whether special precautions are necessary during the transfer process.

(g) Other organizational elements, to determine the status of any other actions such as new technology, materials reports, PERT, and safety.

1804.7005 Inventory of current requests for contract administration assistance.

The contracting officer transferring the contract shall prepare an inventory of all outstanding requests for contract administration assistance issued to other Government agencies (e.g., Military Departments, Defense Contract Management Command (DCMC), Department of Energy, and Federal Aviation Administration). This inventory shall include 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 to be performed on the incomplete portion of each requested function. Copies of this inventory shall be provided to the contracting officer to whom the contract is to be transferred.

1804.7006 Transfer review.

The contracting officer to whom the contract is to be transferred shall be given an opportunity to 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.

1804.7007 Notification to the contractor.

After coordination with the installation organizational elements as required in 1804.7004 and with the receiving contracting officer, the transferring contracting officer shall notify the contractor in writing of the impending transfer.

1804.7008 Notification to other agencies.

As early as practicable after coordination between procurement offices, the contracting officer transferring the contract shall notify all agencies performing or requested to perform administration services of the impending transfer.

1804.7009 Administrative actions.

Before transferring the contract, the contracting officer shall make a complete inventory of the contents of the contract file to be transferred. The contracting officer shall identify each contract administration action in process as a separate listing in the inventory and shall indicate its status.

1804.7010 Transfer.

Upon completion of the preparatory actions described in 1804.7003 through 1804.7009, both contracting officers shall agree upon acceptable dates for the transfer of the contract responsibility and the contract files. The contracting officer of the installation transferring the contract shall issue letters as indicated below and provide copies to the contracting officer receiving the contract:

(a) Contractor: 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 at the installation receiving the contract.

(b) Contracting officer's representatives: Termination, effective on the date of transfer, of each contracting officer's representative appointment.

(c) Agencies performing contract administration functions: Notification of the effective date of the transfer of the contract, along with the mailing address and telephone number of the contracting officer at the installation receiving the contract. (Existing requests for contract administration functions shall not be terminated.)

(d) Installation organizational elements: Notification of the effective date of transfer and other pertinent information.

(e) Receiving installation: Transfer of contract responsibility and transmission of the contract file, including an inventory of its contents, and a summary of any contractual problems that should be brought to the attention of the contracting officer receiving the contract. This letter shall contain a provision for acceptance of the responsibility for the contract and its related files by the contracting officer and a notification of the acceptance to the contracting officer of the installation transferring the contract.

1804.7011 Final action by the contracting officer transferring the contract.

The contracting officer at the installation transferring the contract shall retain for permanent file a copy of --

(a) The approvals and concurrences required by 1804.7002;

(b) The inventory receipt signed by the contracting officer receiving the contract;

(c) The contract itself; and

(d) Any additional documents necessary to present a complete summary of the transfer action.

1804.7012 Action by the contracting officer receiving the contract.

The contracting officer receiving the transferred contract shall--

(a) Acknowledge receipt of the contract and its related files;

(b) Inform all offices affected within the installation of the receipt of the contract;

(c) Appoint new contracting officer's 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 the installation offices that have a functional responsibility for the contract; 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.