[Federal Register Volume 59, Number 246 (Friday, December 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31512]


[[Page Unknown]]

[Federal Register: December 23, 1994]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1801, 1803, 1804, 1806, 1807, 1808, 1812, 1815, 1819, 
1822, 1825, 1829, 1833, 1835, 1837, 1842, 1844, 1852, 1853, and 
1870

RIN 2700-AB38

 

NASA FAR Supplement Directive (NFSD) 89-17; Miscellaneous 
amendments

AGENCY: Office of Procurement, Acquisition Liaison Division, National 
Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: This document amends the NASA Federal Acquisition Regulation 
Supplement (NFS) to reflect a number of miscellaneous changes dealing 
with NASA internal and administrative matters, such as increase of the 
threshold in the Master Buy Plan, removal of internal reporting 
requirements, revision of office codes, and division title changes.

EFFECTIVE DATE: December 31, 1994.

FOR FURTHER INFORMATION CONTACT:
Mr. David K. Beck, (202) 358-0482; e-mail: [email protected].

SUPPLEMENTARY INFORMATION

Availability of NASA FAR Supplement

    The NASA FAR Supplement, of which this rule is a part, is available 
in its entirety on a subscription basis from the Superintendent of 
Documents, Government Printing Office, Washington, DC 20402, telephone 
number (202) 783-3238. Cite GPO Subscription Stock Number 933-003-
00000-1. It is not distributed to the public, either in whole or in 
part, directly by NASA.

Adoption of Interim Rule as Final Rule

    NASA is adopting as final rules the text set out as interim rules 
at 59 FR 38130, July 27, 1994, SBA Appeals (no comments received) and 
58 FR 69245, December 30, 1993, Synopsis of Actions Outside the U.S. 
(no comments received). No changes are made to these interim rules.

Impact

    NASA certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rule does not 
impose any reporting or record keeping requirements subject to the 
Paperwork Reduction Act.

List of Subjects in 48 CFR Parts 1801, 1803, 1804, 1806, 1807, 
1808, 1812, 1815, 1819, 1822, 1825, 1829, 1833, 1835, 1837, 1842, 
1844, 1852, 1853 and 1870

    Government procurement.
Thomas S. Luedtke,
Deputy Associate Administrator for Procurement.

    Accordingly, 48 CFR Parts 1801, 1803, 1804, 1806, 1807, 1808, 1812, 
1815, 1819, 1822, 1825, 1829, 1833, 1835, 1837, 1842, 1844, 1852, 1853, 
and 1870 are amended as follows.
    1. The authority citation for 48 CFR Parts 1801, 1803, 1804, 1806, 
1807, 1808, 1812, 1815, 1819, 1822, 1825, 1829, 1833, 1835, 1837, 1842, 
1844, 1852, 1853, and 1870 continues to read as follows:

    42 U.S.C. 2473(c)(1)

    2. Under the authority of 42 U.S.C. 2473(c)(1), the interim rules 
published at 59 FR 38130, July 27, 1994, and at 58 FR 69245, December 
30, 1993, are adopted as final without change.

PART 1801--FEDERAL ACQUISITION REGULATIONS SYSTEM


1801.104-370  [Amended]

    3. In section 1801.104-370, paragraph (a), ``Grant and Cooperative 
Agreement Handbook (G&CAHB)'' is revised to read ``NASA Research Grant 
Handbook,'' and ``Mrs. Cynthia O'Bryant'' is revised to read ``Ms. Joan 
Brooks.''


1801.270  [Amended]

    4. In section 1801.270, ``Procurement Policy Division'' is revised 
to read ``Acquisition Liaison Division.''


1801.271  [Amended]

    5. In section 1801.271, paragraph (a)(1) ``Procurement Policy 
Division (Code HP)'' is revised to read ``Acquisition Liaison Division 
(Code HP)'' and paragraph (a)(2) is revised to read as follows:


1801.271  NASA procedures for FAR and NFS changes.

    (a) * * *
    (2) The Acquisition Liaison Division (Code HP) is responsible for 
the receipt and formal processing of changes to the NFS. A Code H 
procurement analyst--a subject matter specialist--is assigned to and 
responsible for ensuring all necessary actions are taken. It is 
advisable to contact the appropriate Code H analyst (see the 
Procurement Information Circular entitled ``Headquarters Points of 
Contact for Policy and Operational Information'') to determine if a 
similar regulatory change is already underway or contact Code HP for 
further advice as to the simplest means of preparing a formal request.
* * * * *


1801.272-1  [Amended]

    6. In section 1801.272-1, ``Procurement Policy Division'' is 
revised to read ``Acquisition Liaison Division.''


1801.603-2  [Amended]

    7. Section 1801.603-2(d)(3) is revised to read as follows:


1801.603-2  Selection.

* * * * *
    (d)(1) * * *
    (2) * * *
    (3) If the appointing authority approves the Request for 
Appointment of a Contracting Officer, the appointing authority shall 
issue a Standard Form (SF) 1402, Certificate of Appointment, in 
accordance with 1801.603-3. A copy of the SF 1402, the Request for 
Appointment of a Contracting Officer, and the qualification statement 
shall be maintained for each contracting officer in a central location 
in the installation's contracting office while the SF 1402 is effective 
and for three years after its termination or after the individual has 
left the contracting office's employ. Each installation shall maintain 
an up-to-date listing, by name and position, of all the installation's 
contracting officers and the limitations imposed on them in their 
warrants.
* * * * *

PART 1803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST


1803.104-11  [Amended]

    8. In section 1803.104-11, paragraph (b), ``Code HM'' is revised to 
read ``Code HP.''


1803.804  [Amended]

    9. In paragraph (a) of section 1803.804, the phrase ``The 
Headquarters Procurement Systems Division (Code HM)'' is revised to 
read ``The Headquarters Contract Management Division (Code HK),'' and 
in paragraph (b), ``Code HM'' is revised to read ``Code HK.''

PART 1804--ADMINISTRATIVE MATTERS


1804.601  [Amended]

    10. In section 1804.601, ``The Headquarters Procurement Systems 
Division (Code HM)'' is revised to read ``The Headquarters Analysis 
Division (Code HC).''


1804.602  [Amended]

    11. In section 1804.602, ``(Code HM)'' is revised to read ``(Code 
HC).''


1804.671-4  [Amended]

    12. In section 1804.671-4, paragraph (k), ``Headquarters 
Procurement Systems Division (Code HM)'' is revised to read 
``Headquarters Analysis Division (Code HC),'' and ``NASA Headquarters 
(Code HM)'' is revised to read ``NASA Headquarters (Code HC).''
    13. In section 1804.671-4, paragraph (zz)(3), ``Procurement 
Management Division (Code HM)'' is revised to read ``Analysis Division 
(Code HC).''


1804.7101  [Amended]

    14. In paragraph (a) of section 1804.7101, ``(Code HM)'' is revised 
to read ``(Code HC).''

PART 1806--COMPETITION REQUIREMENTS


1806.303-270  [Amended]

    15. In section 1806.303-270, the references ``NFS 1803.602, 
1803.7001(a), and 1806.304-70'' are revised to read ``NFS 1803.602 and 
1803.7001(a).''

PART 1807--ACQUISITION PLANNING


1807.7102 and 1807.7103-1  [Amended]

    16. Sections 1807.7102 and 1807.7103-1 are revised to read as 
follows:


1807.7102  Applicability.

    (a) The Master Buy Plan Procedure applies to each negotiated 
procurement where dollar value, including the aggregate amount of 
follow-on procurements, is expected to equal or exceed $50,000,000.
    (b) For the purpose of the initial Master Buy Plan submission only, 
each installation shall submit all procurements over $50,000,000. Each 
installation shall submit their three largest procurements, so that 
installations having less than three procurements over $50,000,000 
shall submit, as their initial annual Master Buy Plan submission, their 
three largest procurements regardless of dollar value.
    (c) The procedure also applies to:
    (1) Any phased procurement whose overall value exceeds $50,000,000, 
even if the value of the initial phase is below the threshold. (Initial 
phase for all procurements is considered to be Phase B or its 
equivalent.)
    (2) Any supplemental agreement (except one providing only for the 
addition or deletion of funds for incremental funding purposes) that 
contains either new work, a debit change order, or a credit change 
order (or any combination/consolidation thereof), if either the new 
work or an individual change order or the aggregate of two or more 
actions equals or exceeds $50,000,000.
    (3) Any supplemental agreement that contains one or more elements 
(new work and/or individual change orders) of a sensitive nature that, 
in the judgment of the installation or Headquarters, warrants 
Headquarters consideration under the Master Buy Plan Procedure, even 
though the monetary amount under consideration might not equal or 
exceed $50,000,000.
    (d) In order to conduct the reviews required by (FAR) 48 CFR 8.307-
1(b) for separate contracts, this procedure applies also to procurement 
of utility services when an areawide contract is not used and either--
    (1) The annual cost of the services to be procured is estimated by 
the using installation, at the time of the initiation of the service or 
annual renewal of the expenditure, to exceed $150,000; or
    (2) Except for communication services, a proposed connection 
charge, termination liability, or any other facilities charge to be 
paid (whether or not refundable) is estimated to exceed $75,000.
    (e) The Master Buy Plan Procedure does not apply to termination 
settlement agreements (see (FAR) 48 CFR Part 49).
* * * * *


1807.7103-1  Submission of Master Buy Plan.

    (a) Prior to July 15th of every year, each installation shall 
submit to the Associate Administrator for Procurement (Code HS) a 
Master Buy Plan (original and eight copies) for the next fiscal year, 
listing in it every known procurement that (1) meets the criteria in 
1807.7102, (2) is expected to be initiated in that fiscal year, and (3) 
has not been included in a previous Master Buy Plan or amendment to a 
Master Buy Plan.
    (b) The fiscal year Master Buy Plan shall list those procurements 
selected for Headquarters review and approval from prior Master Buy 
Plans and amendments to Master Buy Plans that have not been completed. 
These procurements should be listed by the appropriate fiscal year 
Master Buy Plan; include the individual item numbers and current status 
of the individual procurement documents previously selected for 
Headquarters review and approval.
    (c) Plans shall be prepared in accordance with 1807.7106 and shall 
identify the individual procurement documents involved for every 
procurement listed. Procurement documents that may require Headquarters 
approval will be held in abeyance until receipt of the notification 
required by 1807.7103-3. This is not to preclude the planning for or 
initiation of such documents up to that point where Headquarters 
approval may be required.


1807.7204  [Amended]

    17. In paragraph (b) of section 1807.7204, ``Code HM'' is revised 
to read ``Code HC.''

PART 1808--REQUIRED SOURCES OF SUPPLIES AND SERVICES

    Part 1808 is amended as set forth below:


1808.405  [Amended]

    18. The section heading ``1808.405-1 Ordering from multiple-award 
schedules.'' is removed, and paragraphs (a) and (b) are redesignated as 
section 1808.405.
    19. In the newly designated paragraph (a) to section 1808.405, the 
last sentence is removed.

PART 1812--CONTRACT DELIVERY OR PERFORMANCE


1812.302  [Amended]

    20. In paragraph (a) to section 1812.302, ``Headquarters 
Procurement Policy Division'' is revised to read ``Headquarters 
Acquisition Liaison Division.''


1812.303-70  [Amended]

    21. In paragraph (e) to section 1812.303-70, ``The Headquarters 
Procurement Policy Division'' is revised to read ``The Headquarters 
Acquisition Liaison Division.''

PART 1815--CONTRACTING BY NEGOTIATION


1815.804-3  [Amended]

    22. In section 1815.804-3, paragraphs (a)(4) and (d), ``Contract 
Pricing and Finance Division'' is revised to read ``Analysis 
Division.''
    23. Section 1815.804-3, paragraph (d), in the introductory text to 
the Determination and Finding, the reference ``1815.804-3(c)'' is 
revised to read ``1815-804-3(d).''


1815.805-5  [Amended]

    24. In paragraph (e) of section 1815.805-5, the word ``a'' is added 
between the words ``of'' and ``follow-on'' and the reference 
``1815.505-5'' is revised to read ``1815.805-5.''

PART 1819--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS


1819.708-70  [Amended]

    25. In section 1819.708-70, paragraph (b), ``(Code HM)'' is revised 
to read ``(Code HC).''

PART 1822--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


1822.406-13  [Amended]

    26. In 1822.406-13, ``The Procurement Policy Division'' is revised 
to read ``The Acquisition Liaison Division.''


1822.807  [Amended]

    27. In section 1822.807, ``Procurement Policy Division'' is revised 
to read ``Acquisition Liaison Division.''

PART 1825--FOREIGN ACQUISITION


1825.7200  [Amended]

    28. In section 1825.7200, ``Procurement Policy Division'' is 
revised to read ``Acquisition Liaison Division.''

PART 1829--TAXES


1829.203  [Amended]

    29. In paragraph (a) to section 1829.203, ``Procurement Policy 
Division'' is revised to read ``Acquisition Liaison Division.''

PART 1833--PROTESTS, DISPUTES, AND APPEALS


1833.103  [Amended]

    30. In section 1833.103, paragraph (a) is revised to read as 
follows:


1833. 103  Protests to the agency.

    (a) When a protest is filed directly with an installation, any 
determination under (FAR) 48 CFR 33.103(a) to award the contract before 
the protest is resolved will be made by the contracting officer. If the 
protest is filed with NASA Headquarters, any such determination will be 
made by the Associate Administrator for Procurement.
* * * * *
    31. In paragraph (c) of 1833.103, ``Procurement Policy Division'' 
is revised to read ``Acquisition Liaison Division.''

PART 1835--RESEARCH AND DEVELOPMENT CONTRACTING


1835.016-70  [Amended]

    32. In section 1835.016-70, paragraph (b)(6) is removed.


1837.202-71  [Amended]

    33. In paragraph (b) of section 1837.202-71, ``(Code HM)'' is 
revised to read ``(Code HC).''

PART 1842--CONTRACT ADMINISTRATION


1842.101  [Amended]

    34. In section 1842.101, ``Procurement Policy Division'' is revised 
to read ``Acquisition Liaison Division.''


1842.1004  [Amended]

    35. In section 1842.1004, ``Contract Pricing and Financing 
Division'' is revised to read ``Analysis Division.''


1842.1203  [Amended]

    36. In paragraph (a) introductory text of section 1842.1203, 
``Director, Procurement Systems Division (Code HM)'' is revised to read 
``Director, Analysis Division (Code HC).''
    37. In paragraph (c)(1) of section 1842.1203, ``Code HM'' is 
revised to read ``Code HC.''


1842.1203-70  [Amended]

    38. In section 1842.1203-70, paragraph (c), ``Code HM'' is revised 
to read ``Code HC.''

PART 1844--SUBCONTRACTING POLICIES AND PROCEDURES


1844.305  [Amended]

    39. In section 1844.305, ``Code HM'' is revised to read ``Code 
HK.''

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    40. Section 1852.103-70 is amended by revising the example to read 
as follows:


1852.103-70  Identification of modified provisions and clauses.

* * * * *
    52.232-28  Electronic Funds Transfer Payment Methods (APR 1989)--as 
modified by 48 CFR 1832.908(a) (NASA FAR Supplement 1832.908(a))


1852.204-70  [Amended]

    41. In the clause of section 1852.204-70, paragraphs (a) 
introductory text, (b) and (e)(2), ``(Code HM)'' is revised to read 
``(Code HC).''

PART 1853-FORMS


1853.103  [Amended]

    42. In section 1853.103, ``Procurement Policy Division'' is revised 
to read ``Acquisition Liaison Division.''


1853.108  [Amended]

    43. In section 1853.108, ``Procurement Policy Division'' is revised 
to read ``Acquisition Liaison Division.''

PART 1870--NASA SUPPLEMENTARY REGULATIONS


1870.103  [Amended]

    44. In section 1870.103, App. I, Chapter 7, Appendix B, paragraph 
XI, subparagraph 2., the phrase ``and the clause at NFS 1852.227-73, 
`Patent Rights Clause for Subcontracts,''' is removed.
    45. In section 1870.303, App. I, Chapter 1, paragraph 101, 
subparagraphs 4.i. and 4.j. are revised to read as follows:


1870.303  Source Evaluation Board Procedures.

* * * * *
    4. i. Establish an SEB advisory group or individual at the field 
installation to ensure proper source selection procedures are employed;
    j. Ensure an environment exists in which evaluation and selection 
activities can be effectively conducted; and
* * * * *
[FR Doc. 94-31512 Filed 12-22-94; 8:45 am]
BILLING CODE 7510-01-M