Barry McVay's FEDERAL CONTRACTS DISPATCH
DATE: March 9, 2000
FROM: Barry McVay, CPCM
SUBJECT: National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Miscellaneous Administrative Revisions
SOURCE: Federal Register, March 9, 2000, Vol. 65, No. 47, page 12484
AGENCIES: National Aeronautics and Space Administration (NASA)
ACTION: Final Rule
SYNOPSIS: NASA is amending the NFS to indicate the method of voluntary consensus standard reporting utilized by NASA; clarify that when using NASA's structured approach for determining profit or fee objectives, values outside the designated ranges must not be used; add NASA's policy regarding payment of profit or fee under letter contracts which was mistakenly removed; and make editorial corrections and other miscellaneous changes.
EFFECTIVE DATE: March 9, 2000
FOR FURTHER INFORMATION CONTACT: Celeste Dalton, NASA Headquarters, Office of Procurement, Contract Management Division (Code HK), Washington, DC 20546, 202-358-1645, e-mail: firstname.lastname@example.org.
SUPPLEMENTAL INFORMATION: This final rule makes the following changes to the NFS:
- Paragraph (d) of NFS 1808.002-70, Acquisition of Radioisotopes, is revised to remove the Nuclear Regulatory Commission web site "http://www.nrc.gov/NRC/contents/#top" as a source of guidance.
- On February 19, 1998, the Office of Management and Budget (OMB) published revised OMB Circular A-119, Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities. Federal Acquisition Circular (FAC) 97-14, dated September 24, 1999, amended FAR 11.107, Solicitation Provision, to indicate that agencies will describe the reporting method of voluntary consensus standards used. FAR 11.107 requires that FAR 52.211-7, Alternatives to Government-Unique Standards, be used "in solicitations that use government-unique standards when the agency uses the transaction-based reporting method to report its use of voluntary consensus standards to the National Institute of Standards and Technology (see OMB Circular A-119)...Use of the provision is optional for agencies that report their use of voluntary consensus standards...using the categorical reporting method...Agency regulations regarding specification management describe which method is used."
This final rule adds NFS 1811.107, Solicitation Provisions, which states "NASA uses the categorical method to report its use of voluntary consensus standards. Therefore, use of the provision at [FAR] 52.211-7 is not required. However, contracting officers must include in draft RFPs (DRFPs) the information required by 1815.201(c)(6)(A)." Paragraph (c)(6)(A) of NFS 1815.201, Exchanges with Industry Before Receipt of Proposals, is revised to add the following sentence: "If the DRFP contains Government-unique standards, potential offerors should be invited to identify voluntary consensus standards that meet the Government's requirements as alternatives to Government-unique standards cited as requirements, in accordance with FAR 11.101 [Order of Precedence for Requirements Documents] and OMB Circular A-119."
- Paragraph (a) of NFS 1813.301, Governmentwide Commercial Purchase Card, is revised to allow deputy procurement officers to designate cardholders for commercial purchase cards (in addition to procurement officers), and paragraph (a)(i) is revised to delete the sentence "Training materials are available from the NASA Procurement Library on the Internet at http://ec.msfc.nasa.gov/hq/library/library.html."
- NFS 1815.203-71, Headquarters Reviews, is revised to require submission of 10 copies of requests of proposals (RFP) requiring headquarters review and approval. The September 21, 1999, revision to NFS 1815.203-71 replaced the requirement to submit 10 copies of RFPs with "the procurement officer shall submit an electronic copy of the RFP". This revision to NFS 1815.203-71 removes the "electronic copy" requirement and goes back to the original requirement.
- NFS 1815.404-471-1, General, is revised to clarify that values outside the designated ranges must not be used when using NASA's structured approach for determining profit or fee objectives.
- The September 23, 1999, change to NASA's structured approach for developing a profit or fee objective mistakenly deleted NFS 1815.404-471, Payment of Profit or Fee Under Letter Contracts. The final rule corrects this error by adding the previous language as NFS 1815.404-472 ("NASA's policy is to pay profit or fee only on definitized contracts"). (EDITOR'S NOTE: 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.)
- FAC 97-14 redesignated FAR 48.104-1 through FAR 48.104-3 as FAR 48.104-2 through 48.104-4, respectively. This final rule redesignates NFS 1848.104-2, Sharing Collateral Savings, as NFS 1848.104-3 to conform to the FAR numbering.
- NFS 1851.101, Policy, which references the expired NMI 1450.11, NASA Mail Management Program, is removed.
In addition, other editorial changes are made to the NFS to correct referenced document titles and FAR citations.
FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.
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