NFS Part 1801

1801.000 Scope of part.

This part sets forth general information about the National Aeronautics and Space Administration (NASA) Federal Acquisition Regulation (FAR) Supplement.

1801.103 Authority.

Under the following authorities, the Administrator has delegated to the Associate Administrator for Procurement authority to prepare, issue, and maintain the NASA FAR Supplement:

(a) The National Aeronautics and Space Act of 1958 (Pub. L. 85-568; 42 U.S.C. 2451 et seq.).

(b) 10 U.S.C. chapter 137.

(c) Other statutory authority.

(d) FAR subpart 1.3.

1801.104 Applicability.

The NASA FAR Supplement applies to all acquisitions as defined in FAR Part 2 except those expressly excluded by the FAR or this regulation.

1801.105 Issuance.

1801.105-1 Publication and code arrangement.

(a) The NASA FAR Supplement is published in--

(1) The daily issue of the Federal Register;

(2) Cumulated form in the Code of Federal Regulations (CFR); and

(3) A separate loose-leaf edition.

(b) The NASA FAR Supplement is issued as chapter 18 of title 48, CFR, and it parallels the FAR in format, arrangement, and numbering system. Thus, a formal citation to this paragraph would appear as 48 CFR 1801.105-1(b).

1801.105-2 Arrangement of regulations.

(a) Unless otherwise stated, cross references are to parts or subdivisions of the regulations in this chapter.

(b) The regulations in this chapter may be referred to as the NASA FAR Supplement or the NFS.

(c) An NFS "version" is the basic loose-leaf edition NFS with all NFS Directive (NFSD) change pages filed up to and including the NFSD number that corresponds to the "version" number. For example, for the 1989 edition of the NFS, Version 89.3 consists of pages from NFSD 89-0 (basic NFS), with change pages filed from NFSD's 89-1, 89-2, and 89-3.

1801.105-3 Copies.

Subscriptions to the publications listed below may be obtained by writing to Superintendent of Documents, U.S. Government Printing Office (GPO), Washington, DC 20402, or by calling (202) 512-1800. Telephone orders may be charged to Visa, Mastercard, or a GPO Deposit Account. A subscription consists of the basic edition, plus all changes issued for an indefinite period. The prices and periods of subscriptions are set by GPO.

NASA FAR Supplement (NFS)

GPO Subscription (Subscript.) Stock No. 933-003-00000-1

Federal Acquisition Regulation (FAR)

GPO Subscript. Stock No. 922-006-00000-8 (Note: The FAR is not a NASA publication.)

Public libraries that possess title 48, Code of Federal Regulations (CFR) are also a source of information, but this source is updated only once each year.

1801.105-370 Internal dissemination.

The Office of Procurement, NASA Headquarters (Code HK), distributes the Federal Acquisition Regulation (FAR), Federal Acquisition Regulation Circulars (FAC), NASA FAR Supplement (NFS), NFS Directives (NFSD), Procurement Notices (PN), and Procurement Information Circulars (PIC) directly to NASA Headquarters offices and to installation distribution points. Mrs. Cynthia O'Bryant (202-358-1248) is the contact point for Headquarters personnel and the installation distribution points. NASA center personnel may be placed on the distribution list or may obtain extra copies by contacting the designated distribution point for their installation. (Do not order these documents on a NASA Form 2 from the Goddard Space Flight Center.)

1801.106 OMB approval under the Paperwork Reduction Act.

(a) NASA FAR Supplement requirements. The following OMB control numbers apply:

    
    NASA FAR            OMB
    Supplement          Control
    Segment             Number
    
    1815.406-           2700-0082
      70(b)(5)(iii)  
    1815.608-72         2700-0080
    1819                2700-0073
    1819.72             2700-0078
    1827                2700-0052
    1843                2700-0054
    NF 533              2700-0003
    NF 667              2700-0004
    NF 1018             2700-0017  
    

1801.270 Amendment of regulation.

1801.270-1 Revisions.

The regulations in this chapter are amended by publishing amendments in the Federal Register and issuing NFSD's containing loose-leaf replacement pages revising various segments of it (also see 1801.270-2). Each replacement page bears the NFSD number and page number at the top. A vertical bar at the side of a line indicates that a change has been made within that line.

1801.270-2 Procurement Notices.

(a) The regulations in this chapter are amended by publishing amendments in the Federal Register and issuing Procurement Notices (PN's) when it is necessary or advisable to promulgate as rapidly as possible selected material revising this regulation in advance of an NFSD.

(b) Unless otherwise indicated, each PN remains in effect until the effective date of the subsequent NFSD incorporating the PN or until specifically canceled.

1801.270-3 Effective date.

(a) Compliance with a revision to the regulations in this chapter shall be in accordance with the NFSD or PN containing the revision. Procurements initiated after receipt of new or revised clauses should, to the maximum practicable extent, include such clauses.

(b) Unless otherwise stated, solicitations that have been issued, and bilateral agreements for which negotiations have been completed, before the receipt of new or revised contract clauses need not be amended to include the new or revised clauses if including them would unduly delay the procurement.

1801.270-4 Numbering.

NFSD's and PN's are numbered consecutively, prefixed by the last two digits of the calendar year of issuance of the current edition of the NASA FAR Supplement.

1801.271 NASA procedures for FAR and NFS changes.

(a) Informal suggestions for improving the regulations in this chapter, including correction of errors, should be directed to the Contract Management Division (Code HK).

(b)(1) Formal requests for changes to the FAR or the NFS should be written and contain (i) a description of the problem the suggested revision is designed to cure, (ii) the revision in the form of a marked-up copy of the current FAR or NFS language or the text of any additional language, (iii) the consequences of making no change and the benefits to be expected from a change, and (iv) any other information necessary for understanding the situation, such as relationship between FAR and NFS coverage, legal opinions, coordination with other offices, and existing agreements.

(2) Formal requests for FAR and NFS changes should be sent to the Associate Administrator for Procurement (Code HK). Requests from Headquarters offices should originate at the division level or higher, while installation requests should be signed at the procurement officer or higher level.

1801.272 Procurement Information Circulars.

(a) The Procurement Information Circular (PIC) is used for internal dissemination of procurement-related information and directives not suitable for inclusion in the NFS. The Contract Management Division (Code HK) is responsible for issuing PIC's.

(b) PIC's are numbered on a calendar year basis, beginning with number 1, prefixed by the last two digits of the year. To ensure periodic review, PIC's normally will automatically expire on December 31 of the year of issuance.

1801.301 Policy.

The following shall be included in the NASA FAR Supplement:

(a) All agencywide policies and procedures that govern the contracting process or that control contracting relationships, and

(b) All procurement policies, regulations, procedures, and forms requiring publication for public comment in accordance with 41 U.S.C. 418b. This statute requires publication where there will be a significant effect beyond the internal operating procedures of the agency or a significant cost or administrative impact on contractors or offerors.

(1) The statute does not define "significant effect beyond the internal operating procedures" or "significant cost or administrative impact." Examples of policies or procedures that fall in either of these categories are given in paragraphs (b)(1)(i) through (iv) of this section.

(i) A contract clause requiring contractors to take precautions to avoid injury to Florida manatees, which have been designated as an endangered species, has a significant cost impact for contractors who must obtain protective devices for boat propellers and take other safety actions.

(ii) A contract clause requiring contractors to follow the Government's holiday schedule, thereby disallowing premium pay for work on contractor-designated holidays, will have an effect outside the internal operating procedures of the agency.

(iii) A contract clause requiring contractors to segregate costs by appropriations will affect the contractor's internal accounting system and have a significant impact.

(iv) Requiring contractor compliance with NASA's Space Transportation System Personnel Reliability Program will have an effect outside the internal operating procedures of the agency.

(2) In contrast, the following would not have to be publicized for public comment:

(i) Security procedures for identifying and badging contractor personnel to obtain access at a NASA installation.

(ii) A one-time requirement in a construction contract for the contractor to develop a placement plan and for inspection prior to any concrete being placed. (This is part of the specification or statement of work.)

(iii) A policy that requires the NASA installation to maintain copies of unsuccessful offers.

1801.302 Limitations.

1801.302-70 Field installation regulatory implementation.

Heads of NASA field installations may prescribe policies and procedures that do not have a significant effect beyond the internal operating procedures of their installations. All other policies and procedures, described in 1801.301, must be forwarded to NASA Headquarters for approval in accordance with 1801.271(b).

1801.303 Publication and codification.

Part, subpart, and section numbers 70 through 89 are reserved for NASA FAR Supplement use.

1801.400 Scope of subpart.

This subpart prescribes the policies and procedures for authorizing deviations from the NASA FAR Supplement and the FAR.

1801.471 Procedure for requesting deviations.

(a) Requests for authority to deviate from the FAR or the regulations in this chapter shall be: (1) submitted to the Director, Program Operations Division, Office of Procurement, NASA Headquarters (Code HS); and (2) signed by the procurement officer.

(b) Each request for a deviation shall contain, as a minimum--

(1) Identification of the FAR or NASA FAR Supplement requirement from which a deviation is sought;

(2) A full description of the deviation, the circumstances in which it will be used, and the specific contract action(s) to which it applies;

(3) A description of its intended effect;

(4) A statement as to whether the deviation has been requested previously and, if so, the circumstances of the previous request;

(5) The name of the contractor and identification of the contract affected, including the dollar value;

(6) Detailed reasons supporting the request, including any pertinent background information that will contribute to a fuller understanding of the deviation sought; and

(7) A copy of counsel's concurrence or comments.

(c) Requests for individual deviations from FAR cost principles under FAR 31.101 should provide the following information:

(1) the name and phone number of the contracting officer;

(2) a copy of the contractor's request for cost allowance;

(3) the rationale for granting the deviation and supporting information, including the benefit to the Government;

(4) the dollar amount involved; and

(5) any other information considered relevant to the request.

1801.601 General.

At NASA, the authority to contract for authorized supplies and services is delegated to the Associate Administrator for Procurement by NMI 5101.8, Delegation of Authority--To Take Actions in Procurement and Related Matters (Associate Administrator for Procurement), and the authority to act in certain circumstances is redelegated to various NASA officials by NMI 5101.24, Delegation of Authority--To Take Actions in Procurement, Grants, Cooperative Agreements, and Related Matters (Various Officials).

1801.602-3 Ratification of unauthorized commitments.

(a) Policy. Individuals making unauthorized commitments may be subject to disciplinary action, and the issue may be referred to the Office of Inspector General.

(b) Limitations. The authority in FAR 1.602-3 may be exercised only when--

(1) The Government employee who made the unauthorized commitment, or his/her supervisor, if appropriate, initiates a procurement request in accordance with 1804.7301(a).

(2) The procurement request and/or accompanying documentation identifies the individual who made the unauthorized commitment, and includes a statement signed by the individual that explains why normal acquisition procedures were not followed, explains why the firm was selected, lists other sources considered, describes the work, and estimates or states the agreed price. If the Government representative who made the unauthorized commitment is no longer available, appropriate program personnel shall provide the information described in this paragraph.

(3) The procurement request is submitted through the director of the cognizant program office at the contracting activity, or comparable official. In the procurement request, the director shall describe measures taken to prevent the recurrence of the unauthorized commitment.

(4) The contracting officer obtains a certification that funds are available and were available at the time the unauthorized commitment was made, in accordance with FAR 1.602-3(c)(6).

1801.603 Selection, appointment, and termination of appointment.

1801.603-2 Selection.

(a) Policy. Normally, only GS-1105 and GS/GM-1102 personnel with the proper training and experience may be appointed contracting officers.

(b) Organizational need determination. NASA contracting officers shall be appointed only when a valid organizational need can be demonstrated. Factors to be considered in assessing the need for a contracting officer include volume of actions, complexity of work, and organizational structure.

1801.670 Delegations to contracting officer's technical representatives (COTRs).

A COTR delegation may be made only by the contracting officer cognizant of that contract at the time the delegation is made. If the cognizant contracting officer is absent, the delegation letter may be signed by a warranted contracting officer at any level above the cognizant contracting officer. An individual COTR may have only the duties specifically identified in a written delegation to him or her by name (i.e., COTR duties may not be delegated to a position) and has no authority to exceed them. COTRs should be informed that they may be personally liable for unauthorized commitments. Contracting officer authority to sign or authorize contractual instruments shall not be delegated through a COTR designation or by any means other than a contracting officer warrant.

1801.704 Content.

While the contracting officer is responsible for preparing D&Fs, requirements and technical personnel are responsible for the accuracy and adequacy of the supporting factual information, which shall be furnished to the contracting officer in writing.

1801.707 Signatory authority.

Signatory authority for D&Fs is specified in the FAR or NASA FAR Supplement text for the associated subject matter. The Administrator may make any of the D&Fs that may be made by the Associate Administrator for Procurement or by a contracting officer.

1801.770 Legal review.

Each determination and finding (D&F), including class D&Fs, shall be reviewed by counsel for form and legality before the signature, in accordance with FAR 1.707, is obtained.