NFS part 1812

PART 1812

CONTRACT DELIVERY

OR PERFORMANCE

Subpart 1812.1--Delivery or

Performance Schedules

1812.103 Supplies or services.

Contract delivery or performance schedules shall not be expressed in terms of a notice of award. See FAR 12.103(a)(3) and (d). 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 NFS sections 1814.408 and 1815.1003 for additional information on notices of award.

1812.104 Contract clauses.

FAR 52.212-1, Time of Delivery, Alternates II and III, and FAR 52.212-2, Desired and Required Time of Delivery, Alternates II and III, shall not be used in NASA contracts.

1812.104-70 Additional clauses.

(a) The contracting officer may use the clause at 1852.212-70, Notice of Delay, if it is desirable to provide for contractor notice of anticipated delays in performance.

(b) See 1827.406(b) regarding reports of work.

(c) The contracting officer shall insert the clause at 1852.212-72, Partial Shipments, in solicitations and contracts when a quantity specified for a line item to be delivered is more than one unit, or when the Schedule contains more than one line item to be delivered, and partial shipments by the contractor will not adequately meet the Government's overall needs.

(d) The contracting officer may insert a clause substantially as stated at 1852.212-73, Delivery Schedule, in solicitations and contracts if the Government requires delivery of items on specific dates during the contract. In the alternative, the delivery date may also be shown as a specified number of days from a specified milestone; for example, 90 days after contract award. The column heading "Delivery Date" may be changed to "Within Days After [Identify specific milestone]."

(e) The contracting officer may insert a clause substantially as stated at 1852.212-74, Period of Performance, in term contracts to specify the time during which contract performance will take place. Insert the period of performance dates applicable to the particular procurement.

Subpart 1812.2--Liquidated Damages

1812.202 Policy.

The contracting officer shall forward recommendations concerning remission of liquidated damages via the head of the contracting activity to the Associate Administrator for Procurement for submission to the Administrator.

Subpart 1812.3--Priorities

and Allocations

1812.302 General.

(a) The Department of Defense is the "Delegate Agency" for NASA. The Headquarters Program Operations Division, Code HS, shall coordinate with DOD, as necessary, to ensure that any DOD-imposed requirements are met.

(b) Additional regulatory guidance is available in "DPAS, Defense Priorities and Allocations System," Department of Commerce, International Trade Administration, Office of Industrial Resource Administration, Washington, DC 20250, October 1984, 66 pages (copies available from Department of Commerce), and the DOD Priorities and Allocations Manual, DOD 4400.1-M, May 1995. The DOC booklet contains the pertinent parts of 15 CFR Part 700 and is the recommended guidance on the DPAS to contractors and suppliers receiving rated orders.

1812.303 Procedures.

1812.303-70 NASA procedures.

(a) The use of priority ratings on NASA contracts and purchase orders is mandatory except as noted in paragraph (d) of this section. Priority ratings are assigned on individual contracts and purchase orders by the contracting officer.

(b) Except where no rating is issued as provided in paragraph (d) of this section, all NASA orders shall be assigned a DO rating, unless NASA has obtained a DX rating from the Delegate Agency. Currently, NASA has no programs with a DX rating.

(c) The program identification numbers (DPAS, 15 CFR 700, SCH L.) to be used by NASA are as follows:

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

(d) Priority ratings will not be issued for the following:

(1) Items ordered or requisitioned from the GSA Federal Supply Service.

(2) Items for plant improvement, expansion, or construction, unless they will be physically incorporated into a construction project covered by a rated order, or unless NASA has obtained specific priority rating authority.

(3) Production or construction equipment or items to be used for the manufacture of production equipment, unless NASA has obtained specific priority rating authority.

(4) Items falling under the jurisdiction of agencies other than NASA'S Delegate Agency. These are: petroleum, gas, solid fuel, electric power, and all other forms of energy; food; civil transportation and the movement of persons and property by all modes; minerals; water; housing facilities; health facilities; radio-isotopes, stable isotopes, source material and special nuclear material produced in Government-owned plants or facilities operated by or for the Department of Energy; communication services; copper raw materials; crushed stone; gravel; sand; scrap; slag; central steam heat; and waste paper.

(e) The Headquarters Program Operations Division (Code HS) is responsible for coordinating DPAS matters with the Delegate Agency and the Department of Commerce, as necessary. Installation requests arising under FAR 12.303(g) regarding assignment of ratings, special priorities assistance, controlled materials, or related DPAS topics shall be directed to Code HS.

Subpart 1812.5--Suspension of Work,

Stop-Work Orders, and Government

Delay of Work

1812.505 Contract clauses.

The Stop-Work Order clause at FAR 52.212-13 is not authorized for use in research contracts with educational or other nonprofit institutions.