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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: October 3, 2000

FROM: Barry McVay, CPCM

SUBJECT: National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Acquisition of Training Services

SOURCE: Federal Register, October 3, 2000, Vol. 65, No. 192, page 58932

AGENCIES: National Aeronautics and Space Administration (NASA)

ACTION: Final Rule

SYNOPSIS: NASA is removing NFS Subpart 1837.70, Acquisition of Training, because it has caused confusion about the relevance of FAR Part 6, Competition Requirements, to training services procurement.

EDITOR'S NOTE: For more on the proposed rule, see the July 14, 2000, FEDERAL CONTRACTS DISPATCH "National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Acquisition of Training Services".

EFFECTIVE DATE: October 1, 2000.

FOR FURTHER INFORMATION CONTACT: James H. Dolvin, NASA Headquarters, Office of Procurement, Contract Management Division (Code HK), Washington, DC 20546; e-mail: jdolvin1@hq.nasa.gov.

SUPPLEMENTAL INFORMATION: NFS Subpart 1837.70, Acquisition of Training, was added to the NFS in 1991. NFS 1837.7000, Acquisition of Off-the-Shelf Training Courses, stated that the Government Employees Training Act of 1958 may be used as the authority for acquisition of "non-governmental off-the-shelf training courses which are available to the public." NFS 1837.7001, Acquisition of New Training Courses, stated that acquisition of new training courses "developed to fill a specific NASA need shall be conducted in accordance with the FAR and the NFS".

NFS 1837.7000 provided an "otherwise authorized by statute" exemption from "full and open competition" requirements for commercial training courses, but FAR Part 12, Acquisition of Commercial Items, has superseded this "exemption" by permitting the use of simplified acquisition procedures for acquisitions of "commercial items" up to $5 million (see FAR Subpart 13.5, Test Program for Certain Commercial Items). NFS 1837.7001 stated that the competition requirements in FAR Part 6 apply to new, NASA-specific training courses which, by definition, are not commercial courses. However, these two NFS sections together caused confusion within NASA about the relevance of the FAR to the procurement of training services. Therefore, on July 14, 2000, NASA proposed that NFS Subpart 1837.70 be removed, and solicited comments on the proposal. No comments were received, so NFS Subpart 1837.70 is removed.

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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