Barry McVay's FEDERAL CONTRACTS DISPATCH
DATE: July 31, 2000
FROM: Barry McVay, CPCM
SUBJECT: National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Awards Resulting From Broad Agency Announcements (BAA)
SOURCE: Federal Register, July 31, 2000, Vol. 65, No. 147, page 46627
AGENCIES: National Aeronautics and Space Administration (NASA)
ACTION: Final Rule
SYNOPSIS: NASA is revising the NFS to allow grant officers to waive the submission of certain documents as part of the purchase request (PR) package for a grant; provide for the award of purchase orders, when appropriate, for awards less than the simplified acquisition threshold resulting from broad agency announcements; and make miscellaneous editorial and technical corrections.
EFFECTIVE DATE: July 31, 2000.
FOR FURTHER INFORMATION CONTACT: Tom Deback, NASA Headquarters Office of Procurement, Contract Management Division (Code HK), Washington, DC 20546, 202-358-0431, e-mail: firstname.lastname@example.org.
SUPPLEMENTAL INFORMATION: Recently, NASA revised its Grant Handbook, and the handbook no longer requires the submission of the NASA Research Announcement (NRA), results of the technical evaluation, and other documents as part of the purchase request package. The revised handbook also provides that if an action resulting from a BAA is to be awarded as a contract action and is less than the $100,000 simplified acquisition threshold, the action may be completed as a purchase order.
To bring the NFS into agreement with the Grant Handbook, the following changes are being made to the NFS:
- NFS 1813.000, Scope of Part, is revised to state that "awards resulting from NRAs or AOs that are to be made as procurement instruments can be made as either a contract or a purchase order. When a purchase order is used, it must not exceed the simplified acquisition threshold and must include the appropriate clauses pertaining to data rights, key personnel requirements, and any other requirements determined necessary by the contracting officer."
- In NFS 1835.016-71, NASA Research Announcements, paragraph (d)(8) lists the documents that must be submitted to the contracting officer by the selecting official to support the contract award. Paragraph (d)(8)(i) requires that a copy of the NRA be submitted, and paragraph (d)(8)(ii) requires that the results of the technical evaluation and the identity of the proposal(s) selected for funding be submitted. To these two paragraphs are added the parenthetical statement: "(This requirement may be waived in the case of a grant award at the discretion of the grant officer...").
Also, the following are other changes being made to the NFS by this final rule:
- Paragraph (c) of NFS 1842.7001, Observance of Legal Holidays, which permits the use of Alternate II to NFS 1852.242-72, Observance of Legal Holidays, in cost-reimbursement contracts, is revised to add the sentence, "This alternate may be appropriately modified for fixed-price contracts." (EDITOR'S NOTE: Procurement Information Circular (PIC) 00-07, issued June 13, 2000, provides guidance to contracting officers on the use of Alternates I and II to NFS 1852.242-72. See the June 15, 2000, FEDERAL CONTRACTS DISPATCH "National Aeronautics and Space Administration (NASA); Procurement Information Circular (PIC) 00-07, Use of 'Observance of Legal Holidays' Clause.")
- Many editorial changes are made, such as changing "shall" to "must", correcting cross-references, and revising section titles to conform to the FAR.
FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.
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