1839.7000 Scope of subpart.
This subpart prescribes the internal NASA procedures to be used by installations in obtaining General Services Administration (GSA) authorization to contract for Federal information processing (FIP) resources.
1839.7001 Policy.
(a) NASA policies and procedures on the acquisition of FIP resources are prescribed in NASA Handbook (NHB) 2410.1, NASA Information Resources Management Handbook. See NFS 1804.470 regarding NASA policy on automated information security.
(b) The Designated Senior Official (DSO), the Chief Information Officer (Code A), has responsibility and accountability for interpreting, applying, and overseeing the implementation of the Federal Information Resources Management Regulations (FIRMR) (41 CFR chapter 201) within NASA.
1839.7002 Applicability.
This subpart is applicable to all procurements of FIP resources.
1839.7003 APRs from installations.
1839.7003-1 Responsibility.
The acquisition of FIP resources is a shared responsibility of the requiring activity, the procurement officer, and the information resources management (IRM) organization.
(a) The installation's procurement officer is responsible for ensuring that the following actions are taken:
(1) Required documentation is uniquely identifiable, complete, adequate, severable, and readily available in files controlled by the contracting office.
(2) Timely submission of APRs to Headquarters Code JTD in accordance with 1839.7003-5.
(3) Initiating an APR for a revised DPA if events invalidate the existing DPA or require additional or modified authorization from GSA in accordance with 1839.7003-6.
(b) The contracting officer is responsible for the following actions:
(1) Determining FIRMR applicability in accordance with 1839.7003-2;
(2) Determining whether an APR should be initiated in accordance with 1839.7003-2;
(3) Ensuring that installation prescribed approvals have been obtained to allow initiation of the acquisition; and
(4) Conducting the acquisition in compliance with the DPA. This includes ensuring that solicitations are released, and contracts are executed and performed, consistent with the DPA.
(c) The Senior Installation IRM Official (SIIO) is responsible for formally concurring on all APRs.
1839.7003-2 FIRMR applicability and procurement authority certification.
The contracting officer shall:
(a) Review the requirements and determine how the requirements will be satisfied, if FIP resources will be involved, and the categories and values of the FIP resources to be acquired or used. Each category of FIP resources (FIP equipment, FIP software, FIP services, FIP support services, and FIP related supplies) must be individually identified as accurately as possible (see FIRMR 201-4.001). FIP maintenance is considered a subset of FIP support services.
(b) Determine if the agency has authority to acquire the FIP resources by virtue of a specific agency or regulatory delegation, or if a specific acquisition delegation must be obtained. This requires comparing the total estimated dollar value of all the FIP resources to be acquired to the criteria and thresholds specified in (FIRMR) 41 CFR 201-20.305. NASA may contract for FIP resources without obtaining a specific acquisition delegation when the total dollar value of FIP resources, including all optional quantities and periods over the life of the contract, does not exceed the authority delegated from GSA; except that the dollar value for a specific make and model specification or for requirements available from only one responsible source may not exceed the authority delegated from GSA.
(1) Assessments and determinations for acquisitions greater than $50,000 will be documented in the contract file with the following certification format:
Procurement Title:
Procurement Request
Number:
The acquisition requirements have been reviewed and an assessment of the resources to be delivered or used in satisfying these requirements has been made. These resources have been characterized as either FIP or non-FIP resources. Based on FIRMR 201-1.002, including FIRMR bulletin A-1 and NHB 2410.1, I determine that the subject procurement is / is not subject to the FIRMR.
[Note: If the contract will involve information technologies determined to be not subject to the FIRMR (see FIRMR 201-1.002-2), explain the rationale in a separate attachment.]
If the acquisition is subject to the FIRMR, I certify that the thresholds in NFS 1839.7003-2(b) have been reviewed and that this procurement does / does not require a specific acquisition Delegation of Procurement Authority.
FIP Resources:
Equipment $
Software
Services
Support Services
Related Supplies
Total FIP Resources $
Non-FIP Resources $
(Include incidental and embedded FIP Resources)
Total of All Resources $
Contracting Officer:
Concurrence (if required)
(SIIO if $25 million or more)
(SIIO or designee if less than $25 million and required by
Installation procedures)
Attachment: Rationale for Non-Applicability of FIRMR to FIP Resources.
(2) The contracting officer shall provide an information copy of the FIRMR Applicability and Procurement Authority Certification through the cognizant IPO to Code JT for acquisitions $25 million or more.
(3) Assessments and determinations for acquisitions $50,000 or less will be documented in the contract file in accordance with local procedures.
(c) Although the contracting officer has authority to make decisions concerning the applicability of the FIRMR to NASA solicitations and contracts or modifications, in the event of a disagreement within the Installation as to the applicability of the FIRMR to a NASA solicitation or contract or modification, the SIIO has the authority to make final decisions.
1839.7003-3 GSA nonmandatory MAS contracts.
(a) Use of GSA nonmandatory multiple award schedule (MAS) contracts is a competitive procedure relative to FAR Part 6 when:
(1) The contracting officer has complied with FIRMR 201-39.803-3(a)(2) to consider a reasonable number of nonmandatory MAS contractors that can satisfy the functional requirements;
(2) The contracting officer has fully complied with FIRMR 201-39.803-3(b) regarding responses to any required synopsis; and
(3) The contract file is adequately documented that the delivery order placed to the selected nonmandatory MAS contractor represents the lowest overall cost to the Government.
(b) If the procedures in paragraph (a) of this section are followed, even though the resultant order may be issued for a specific manufacturer's product by name and model number, this is not a procurement for a specific make or model requiring a Justification For Other Than Full and Open Competition (JOFOC); the exception in FIRMR 201-39.601-2 applies.
(c) Generally a "reasonable number" means consideration of at least two compliant nonmandatory MAS contractors. Prudence would suggest considering three or more compliant nonmandatory MAS contractors.
(d) A specification that attempts to describe salient characteristics is not in itself conclusive evidence of a full and open competitive environment. The decisive factor is whether a product other than a specific make or model can satisfy the requirements expressed in such a specification. For example, if the salient characteristics were repeated off of or were derived directly from a product specification, a new product release issuance, or similar data sheet of a specific make or model or brand name, the requirements are probably not described in other than specific make or model specifications. Salient characteristics so derived are likely to be product-specific performance characteristics or proprietary design specifications. This specification, although it includes salient functional or performance characteristics, does not provide for full and open competition.
(e) Use the competitive threshold authority delegated from GSA for obtaining a DPA when use of a GSA nonmandatory MAS contract is a competitive procedure relative to FAR Part 6. Use the noncompetitive threshold authority delegated from GSA when use of a GSA nonmandatory MAS contract is a noncompetitive procedure relative to FAR Part 6.
(f) A brand name specification is a specific make or model specification and if an acquisition requires a contractor to comply with either such specifications, the acquisition must be justified and approved in accordance with FAR 6.303 and 6.304.
1839.7003-4 APR format.
(a) (FIRMR) 41 CFR 201-20.305-3 requires NASA to prepare APRs as indicated by instructions in the FIRMR Bulletin series. APRs under the Trail Boss Program will be submitted in the format provided in FIRMR Bulletin C-7, entitled "Trail Boss Program," as modified by Enclosure C-5B of NHB 2410.1. APRs for all other FIP resources, will be submitted in the format provided in FIRMR Bulletin C-5, entitled "Instructions for Preparing an Agency Procurement Request (APR)," as modified by Enclosure C-4B of NHB 2410.1.
(b) When FIP resources are being acquired under an indefinite delivery/indefinite quantity contract or under a contract that includes options for additional quantities of such resources, include a statement in the APR similar to the following:
The _____ (identify contracting activity) is the primary requiring activity for the items described in this APR. However, to further the most efficient and economical agency-wide acquisition of these resources, the contract will allow delivery to other NASA installations having requirements for the same resources. The _____ (identify contracting activity) will have the sole authority to place orders under this contract and authorize delivery to the alternate delivery points.
(c) The following matrix is provided to help in deciding if a document is required by the APR under Regulatory Compliance:
Type of Documentation Requirement Items 1 2 3 4 5 6 7 8 9 10 11 FIP Equipment: R R A S P P P C C C T FIP Software: R R A S P P P C C C T FIP Services: R R A S P N P C C C T FIP Support Services: R R N N P N P N N N T FIP Related Supplies: R R N N P P P N N N T
Documentation Items Legend:
1. Requirements analysis (FRDD Part 2).
2. Analysis of alternatives (FRDD Part 3).
3. Determination to support hardware compatibility-limited requirements.
4. Conversion study (FRDD Part 3).
5. Certified data to support a requirement available from only one responsible source (the JOFOC).
6. Certified data to support use of a specific make and model specification (the JOFOC).
7. Description of planned actions necessary to foster competition for subsequent acquisitions (the JOFOC).
8. Justification for more than one agency to provide switching facilities or services at building locations (FIRMR 201-20.305-1(a)(1)(i)).
9. Exception to the use of the FTS2000 mandatory network services (FIRMR 201-20.305-1(a)(1)(ii) and 201-24.101-1(b)).
10. Exception to the use of GSA mandatory local telecommunications services (FIRMR 201-20.305-1(a)(1)(ii) and 201-24.102(c)).
11. Trail Boss Charter and Statement of Qualification.
R = Required.
A = Required if there are compatibility limited requirements.
N = Not required.
P = Required unless full and open competition.
C = Required if telecommunications exceptions are sought.
S = Required if a conversion study must be performed for equipment, software, or services.
T = Required for a Trail Boss Acquisition.
1839.7003-5 APR submission.
(a) The contracting officer shall forward the original of the APR submittal (the APR and all required documentation) to Headquarters Code JTD, with a transmittal letter (see NHB 2410.1, Enclosures C-4A and C-5A) signed by the procurement officer. Include a 5 1/4" or 3 1/2" diskette, formatted for use on a DOS 3.3, or higher compatible, personal computer, that contains a WordPerfect 5.0 or 5.1 or ASCII format of the APR.
(b) APR's should be submitted as soon as, but not before, the FRDD and other documentation (waivers, JOFOCs, procurement plans, or ASM minutes, as appropriate) have been completed and approved in final form within the Agency.
1839.7003-6 DPA amendments.
(a) The maximum possible cumulative dollar value of the contract(s) entered into by authority of a DPA may not exceed the value of the DPA granted by GSA. A DPA is granted on the basis of information contained in the APR. An amendment to a DPA must be obtained whenever any material change is expected from the basis on which the DPA was granted. This applies to any specific acquisition DPA, including a Trail Boss DPA. An APR shall be used to accomplish this.
(b) Amendments to a previously submitted or approved specific acquisition DPA should follow the same procedures and employ the same format as that required by the current FIRMR and (NFS) 48 CFR Part 1839. For such an APR, see NHB 2410.1, Enclosure C-3, paragraph 2. The existing documentation supporting the acquisition should be reviewed and certified by the procurement officer as to its timeliness. If this documentation is either not current or affected by the amendment, the documentation shall be revised. If an original document was submitted or requested by Headquarters or GSA, its revision shall be resubmitted with the APR.
(c) The following are reasons for submitting an APR to seek an amended DPA:
(1) A substantive revision in the technical requirements.
(2) A change in acquisition strategy.
(3) Slippages in the planned contract award date that exceed 12 months. (Slippages less than 12 months should be identified to GSA during routine status reporting.)
(4) A change in contract life.
(5) A change in the position title or organizational identity of the official authorized to conduct the acquisition.
(6) An increase in anticipated contract costs.
(d) Contracting officers should inform Code JTD of any expected decreases greater than 25 percent in the total FIP resources to be acquired on a DPA. Code JT will determine whether GSA should be informed of such decreases.
1839.7004 FIP Resources Decision Document.
When NHB 2410.1 provides for approval of a FIP Resources Decision Document (FRDD) at the local level, the approved FRDD, including its enclosures and attachments, must be an enclosure to the APR. Unless the FRDD has previously been sent to Headquarters, the FRDD is submitted to Headquarters along with the APR.
1839.7005 Coordination.
(a) APRs are subject to comparison with acquisition plans and general review by Code HS, Code JTD, and the cognizant IPO before submission to GSA.
(b) Communications with GSA regarding APRs shall be through Code JTD, unless that office directs otherwise. Installations should refer any direct inquiries from GSA, with the exception of acquisitions under the Trail Boss Program, without comment, to Code JTD.
(c) NASA will not normally make presentations to GSA regarding APRs unless requested by GSA. Any exceptions are subject to coordination by Code HS, Code JTD, and the cognizant IPO.
1839.7006 DPA transmittal.
(a) GSA delegates its procurement authority to the DSO. The DSO must explicitly redelegate specific acquisition DPAs to the contracting organization, before the contracting officer has authority to either issue solicitations or obligate NASA. Delegation of regulatory and specific agency procurement authority will be handled as directed by the Chief Information Officer.
(b) GSA's delegations of specific acquisition authority to NASA, with the exception of acquisitions under the Trail Boss Program, are transmitted to Code A or designee (Code JTD), and are redelegated to the appropriate procurement officer by transmitting the approved APR and the signed DPA with a cover letter containing additional instructions and guidance. A copy of this entire package shall be retained in the contract file.
(c) GSA's delegations of specific acquisition authority to NASA, for acquisitions under the Trail Boss Program, are transmitted to the Trail Boss, and are redelegated to the appropriate procurement officer by transmitting the approved APR and the signed DPA with a cover letter containing additional instructions and guidance. A copy of this entire package shall be retained in the contract file.
(d) Pre-award and post-award reports include 6-Month Status Reports and Contract Award Reports.
(1) GSA requires a 6-Month Status Report on all specific acquisition DPA's for which a contract or modification has not been awarded. The contracting officer shall submit status reports to Code JT not later than May 15 and November 15 of each year. The contents of these reports are specified in the DPA.
(2) GSA requires a Contract Award Report within 30 days after award of a contract or modification issued pursuant to a specific acquisition DPA. The contracting officer shall submit Contract Award Reports to Code JT not later than 25 days after the award of a contract or modification.
(e) Code JTD requires an Annual Status Report on all extant contracts with specific acquisition DPA's. The contracting officer shall submit an Annual Status Report to Code JT not later than November 15 of each year. The reports are in lieu of (and not in addition to) GSA's annual reporting requirement.
(f) Questions from either GSA or the installation regarding the DPA shall be referred to Code JTD.
1839.7007 Numbering provisions and clauses.
When adherence to the FIRMR results in the use of provisions or clauses not prescribed in the FAR or NFS, use the FIRMR number and FIRMR provision or clause title.
1839.7008 NASA contract clause.
(a) The contracting officer shall insert the clause substantially as stated at 1852.239-70, Alternate Delivery Points, in solicitations and contracts for Federal Information Processing Resources when:
(1) an indefinite delivery/indefinite quantity contract will be used or when the contract will include options for additional quantities of such resources; and
(2) delivery is F.O.B destination to the contracting activity.
(b) 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.