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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: June 6, 2002

SUBJECT: National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Non-Commercial Representations and Certifications and Evaluation Provisions for Use in Simplified Acquisitions

SOURCE: Federal Register, June 6, 2002, Vol. 67, No. 109, page 38904

AGENCIES: National Aeronautics and Space Administration (NASA)

ACTION: Final Rule

SYNOPSIS: NASA is amending the NFS to establish a consolidated set of representations and certifications and an evaluation provision for the acquisition of non-commercial items less than or equal to the $100,000 simplified acquisition threshold.

EDITOR'S NOTE: For more on the proposed rule, see the January 25, 2002, FEDERAL CONTRACTS DISPATCH "National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Non-Commercial Representations and Certifications and Evaluation Provisions for Use in Simplified Acquisitions."

EFFECTIVE DATE: June 6, 2002.

FOR FURTHER INFORMATION CONTACT: Celeste Dalton, NASA, Office of Procurement, Contract Management Division (Code HK), 202-358-1645, or e-mail: cdalton@hq.nasa.gov.

SUPPLEMENTAL INFORMATION: FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items, consists of representations and certifications that apply to commercial acquisitions. However, there is no equivalent provision for non-commercial items. Therefore, on January 25, 2002, NASA published a proposed rule to establish an equivalent provision for use with NASA's non-commercial acquisitions that are less than or equal to the $100,000 simplified acquisition threshold so that all appropriate representations and certifications are consistently used. This proposed provision, NFS 1852.213-70, Offeror Representations and Certifications -- Other Than Commercial Items, was almost an exact duplicate of FAR 52.212-3.

In addition, NASA proposed to add NFS 1852.213-71, Evaluation -- Other Than Commercial Items, for use in non-commercial acquisitions within the simplified acquisition threshold when selection would be based on other than technically acceptable low offer. The introductory material to the proposed rule stated "this evaluation provision will provide a consistent notice to offerors of how evaluations will be conducted." The text of proposed NFS 1852.213-71 practically duplicated that of FAR 52.212-2, Evaluation -- Commercial Items.

Two respondents submitted comments on the proposed rule, but no changes are being made to this final rule as a result of the comments. However, changes were made for consistency of formatting, for clarity, and for conformance to FAR 52.219-1, Small Business Program Representations, which was revised by Federal Acquisition Circular (FAC) 2001-06 (see the March 20, 2002, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 2001-06, Miscellaneous Amendments."

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2002 by Panoptic Enterprises. All Rights Reserved.

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