Barry McVay's FEDERAL CONTRACTS DISPATCH
DATE: July 21, 2000
FROM: Barry McVay, CPCM
SUBJECT: National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Acquisition Planning
SOURCE: Federal Register, July 21, 2000, Vol. 65, No. 141, page 45305
AGENCIES: National Aeronautics and Space Administration (NASA)
ACTION: Final Rule
SYNOPSIS: NASA is amending the NFS to include additional circumstances when NASA field installations are required to identify certain acquisitions through the Master Buy Plan (MBP) process; to add NASA's policy regarding the use of the structured approach for developing profit or fee when contracting with non-profit organizations (it was mistakenly removed); and to make editorial corrections and miscellaneous changes dealing with NASA internal and administrative matters.
EFFECTIVE DATE: July 21, 2000.
FOR FURTHER INFORMATION CONTACT: Bruce King, NASA Headquarters Office of Procurement, Program Operations Division (Code HS), Washington, DC 20546, 202-358-0461, e-mail: firstname.lastname@example.org.
SUPPLEMENTAL INFORMATION: This final rule makes changes in four areas:
- Current Master Buy Plan (MBP) submission guidance in NFS 1807.7101, Applicability, states that the MBP applies to each negotiated acquisition in excess of $50 million. However, it does not address high value acquisitions from or through other government agencies, cooperative agreements, or when an acquisition, of any value, is deemed to be of significant importance to NASA. To correct this, NFS 1807.7101(a) is revised by adding the phrase "and acquisitions through or from other Government agencies" to "The Master Buy Plan applies to each negotiated acquisition, including supplemental agreements and acquisitions through or from other Government agencies..." Also, new paragraphs (c)(3) and (c)(4) are added to state that the procedure also applies to "(3) any cooperative agreement notice where the total value (the Government's contribution plus the contribution of the recipient) of any resulting cooperative agreement is expected to equal or exceed $50,000,000 [and] (4) any acquisition designated by NASA Headquarters regardless of its value." In addition, paragraph (d)(iii)(E) of NFS 1807.103, Agency-Head Responsibilities, is revised to change the "from or through other Government agencies" exemption from the acquisition plan requirement to "from or through other Government agencies except when the value of the acquisition meets the Master Buy Plan threshold (see 1807.7101(a))".
In a related editorial change, in Table 1807-1, Master Buy Plan Procedures, the second sentence of items (5)-(9) in the section titled "Supplementary instructions by heading number" is amended by replacing the words "column (8)" with "column (7)".
- On September 23, 1999, NASA revised NFS 1815.404-4, Profit Analysis, to change its structured approach for developing a profit or fee objective. However, the change mistakenly deleted NASA's policy regarding the use of the structured approach for non-profit organizations and NASA's policy not to pay profit or fee on contracts with educational institutions. This final rule corrects this error by adding the deleted language as NFS 1815.404-471-6, Modification to Structured Profit/Fee Approach for Nonprofit Organizations. (EDITOR'S NOTE: The September 23, 1999, rule also mistakenly deleted NFS 1815.404-471, Payment of Profit or Fee Under Letter Contracts. This was added back to the NFS as NFS 1815.404-472 (NFS 1815.404-470, NASA Structured Approach for Profit or Fee Objective, was redesignated as NFS 1815.404-471 by the September 23, 1999, change) -- see the March 9, 2000, FEDERAL CONTRACTS DISPATCH "National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Miscellaneous Administrative Revisions".)
- In NFS 1807.7000, General, "(http://ec.msfc.nasa.gov/hq/cci/first.html)" is replaced with "(http://procurement.nasa.gov/cgi-bin/CCI/first.cgi)".
- To correct the instructions for completing the Customs Form 7501, Entry Summary in paragraph (a) of NFS 1825.903, Exempted Supplies, the second sentence is replaced with the following three sentences: "Procurement officers shall complete the certification set forth in 14 CFR 1217.104(a) or 1217.104(c) (http://www.access.gpo.gov/nara/cfr/cfr-retrieve.html#page1). Upon arrival of foreign supplies at a port of entry, the consignee, generally the commercial carrier or its agent (import broker), will file Customs Form 7501, Entry Summary. This form is available from Service Ports (http://www.customs.ustreas.gov/location/ports/index.htm) or from NASA Headquarters' forms library (https://extranet.hq.nasa.gov/nef/user/form_search.cfm)."
FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.
Copyright 2000 by Panoptic Enterprises. All Rights Reserved.
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