DATE: October 6, 2003

SUBJECT: National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Interagency Acquisition Approvals

SOURCE: Federal Register, October 6, 2003, Vol. 68, No. 193, page 57629

AGENCIES: National Aeronautics and Space Administration (NASA)

ACTION: Final Rule

SYNOPSIS: NASA is revising NFS Subpart 1817.72, Interagency Transactions, to establish a five-year limitation on interagency acquisitions. Individual orders or successive non-competitive orders for the same requirement with the same servicing agency that will exceed five years require approval of a deviation.

EFFECTIVE DATE: October 6, 2003.

FOR FURTHER INFORMATION CONTACT: Joseph Le Cren, NASA Headquarters, Office of Procurement, Program Operations Division (Code HS), Washington, DC 20546-0001, 202-358-0431, e-mail: jlecren@hq.nasa.gov.

SUPPLEMENTAL INFORMATION: In September 2002, the Office of Management and Budget (OMB) and NASA entered into an agreement that called for NASA to put in place plans for reviews and recompetitions of contracts, interagency acquisitions, and partnerships identified in inventories submitted to OMB.

Contracts (inclusive of options), grants, and cooperative agreements that are planned to exceed five years, generally require the prior approval of the Assistant Administrator for Procurement. However, there are no such limits for interagency acquisitions. This final rule establishes a similar requirement for interagency acquisitions by amending NFS 1817.7201, Policy, to add the following new paragraphs:

      "(b) Individual orders or successive non-competitive interagency orders for the same requirement with the same servicing agency shall not exceed five years.
      "(c) Requests for deviation from the five year limitation in paragraph (b) of this section shall require the approval of the Center Director if the estimated value of the order is $5 million or less, or the Assistant Administrator for Procurement (Code HS) if the estimated value of the order exceeds $5 million. Requests for deviation shall address: (1) why more than five years is required; (2) why the work must be performed by the same servicing agency; and (3) how long beyond the current order the requirement is expected to continue."

In addition, Federal Acquisition Regulation (FAR) 17.503, Determinations and Findings Requirements, specifies that information that is to be included in the "D&Fs" for interagency acquisitions. However, there is no requirement for the period of performance to be identified. Therefore, this final rule amends NFS 1817.7202, Determinations and Findings Requirements, to add the following as paragraph (c) (existing paragraphs (c) and (d) are redesignated as (d) and (e), respectively):

      "(c) In addition to the requirements in FAR 17.503, the D&F must identify the period of performance and whether the acquisition is a non-competitive follow-on for the same services from the same servicing agency. (See 1817.7201(b).)"

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

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