[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Rules and Regulations]
[Pages 51368-51370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24430]



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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1871

RIN 2700-AC18


Modification of Test of MidRange Procurement Procedures

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

ACTION: Temporary rule.

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SUMMARY: The Office of Federal Procurement Policy approved a test of 
NASA's MidRange Procurement Procedures in 1993. This rule changes the 
procedures to reflect the Federal Acquisition Streamlining Act and 
minor changes as a result of an additional year of testing the 
procedures.

EFFECTIVE DATE: This regulation is effective October 1, 1995, and 
expires June 30, 1997.

FOR FURTHER INFORMATION CONTACT:
Mr. T. Deback, (202) 358-0431.

SUPPLEMENTARY INFORMATION: The MidRange Procurement Procedures were 
published in 59 FR 59378, November 17, 1994. The following substantive 
changes are being made to the MidRange Procurement Procedures: (1) The 
thresholds for all MidRange procedures, with the exception of the 
synopsis waiver, are increased to $1M for an individual contract and 
$5M for a contract plus options, and (2) all procurements of commercial 
items are considered MidRange procurement regardless of dollar value. 
In addition, all procedures other than the NASA Acquisition Internet 
Service and Best Value Selection have proven to be successful. NASA 
will continue to use these successful procedures. They are no longer 
considered to be undergoing testing. The NASA Acquisition Internet 
Service and Best Value Selection are still undergoing testing as part 
of the MidRange Procedure.

List of Subjects in 48 CFR 1871

    Government Procurement.
Tom Luedtke,
Deputy Associate Administrator for Procurement.

    Accordingly, 48 CFR part 1871 is amended as follows.
    1. The authority citation for 48 CFR part 1871 continues to read as 
follows:

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

PART 1871--MIDRANGE PROCUREMENT PROCEDURES

    2. Section 1871.000 is revised to read as follows:


1871.000  Scope of part.

    This part prescribes policies and procedures for the acquisition of 
supplies, including commercial items, and services.

Subpart 1871.1--General


1871.101  [Amended]

    3. Section 1871.101 is amended by removing the second sentence.
    4. Section 1871.103 is revised to read as follows:


1871.103  Applicability.

    (a) This part applies to all acquisitions, as described in 
1871.103(b), conducted at NASA installations.
    (b) This part applies to all contract actions the aggregate amount 
of which is greater than the simplified acquisition threshold (SAT) 
(FAR part 13) and not more than $1,000,000 in basic value and for 
commercial items (FAR part 12) regardless of dollar value. For service 
contracts, up to four annual options of not more than $1,000,000 each 
are permitted where the option requirements are substantially the same 
as the basic requirement. For R&D 

[[Page 51369]]
contracts, options are permitted not to exceed $1,000,000 in total 
value (basic contract plus options). For supply contracts, four options 
of not more than $1,000,000 each are permitted when not more than 
$1,000,000 in funding is to be required in any fiscal year. The total 
amount of the basic award plus options may not exceed $5,000,000 in 
either the case of supplies or services except as provided in paragraph 
(c) of this section. For commercial item contracts, options are 
permitted regardless of dollar value.
    (c) For other than commercial items, if the Government estimate for 
the basic award amount or any option amount, if any, exceeds the limits 
of 1871.103(b), the procurement will be processed under FAR and NFS 
procurement procedures applicable to large procurements (see FAR parts 
14 and 15). When the estimate is within the range of 1871.103(b) and 
the procurement was started using these procedures but the offered 
prices/costs exceed the MidRange ceiling, the procurement may continue 
under MidRange procedures, provided that:
    (1) The price/cost can be determined to be fair and reasonable,
    (2) The successful offeror accepts incorporation of required FAR 
and NFS clauses applicable to large procurements, and
    (3) The procurement does not exceed $1,500,000 for the basic 
requirement (and each option, if any) or $7,500,000 for the total 
requirement.
    5. Section 1871.104 is amended by revising paragraph (a) and adding 
paragraphs (g) and (h) to read as follows:


1871.104  Definitions.

* * * * *
    (a) NASA Acquisition Internet Services or NAIS means a computer 
system through which users may access documents available in electronic 
format.
* * * * *
    (g) Commercial item is used as defined in FAR 2.101.
    (h) Presolicitation notice is used interchangeably with the term 
synopsis.
    6. Section 1871.105 is amended by revising paragraphs (d), (e) and 
(f) to read as follows:


1871.105  Policy.

* * * *
    (d) Options may be included in the acquisition provided they 
conform to 1871.103(b) or do not exceed $5,000,000 for the total 
requirement, options included.
    (e) The appropriate part 1871 post-selection processes 
(negotiation, award, and publication of award) may be used to the 
extent applicable for Small Business Innovation Research (SBIR), broad 
agency announcements, unsolicited proposals, and Small Business 
Administration 8(a) procurement actions within the applicability of 
1871.103(b).
    (f) The NAIS will be used to the maximum extent practicable to 
disseminate advance procurement information and conduct part 1871 
procurements.
* * * * *

Subpart 1871.3--Publicizing of Solicitation

    7. Section 1871.301 is amended by revising the last sentence to 
read as follows:


1871.301  Publicizing policy.

    * * * As soon as practicable after a requirement has been finalized 
and before the RFO is ready for release, a presolicitation notice of 
the procurement action shall be published on the NAIS.
    8. Section 1871.302 is revised to read as follows:


1871.302  Publicizing procedure.

    (a) Synopses are not to be sent to or published in the Commerce 
Business Daily except where the basic award is expected to exceed 
$500,000, the total amount of the basic award plus options is expected 
to exceed $2,500,000, or annual obligations are expected to exceed 
$500,000 in any one year.
    (b) A separate pre-solicitation notice for each requirement shall 
be published on the NAIS. The pre-solicitation notice shall be 
published prior to the actual release of the solicitation, except as 
set forth in paragraph (d) of this section.
    (c) The presolicitation notice will comply with the requirements 
set forth in FAR 5.207(b).
    (1) Include a statement that the solicitation will be released via 
the NAIS, that potential offerors will be responsible for downloading 
their own copy of the solicitation, and that hard copies of the 
solicitation shall be made available on request, but the closing date 
will be the same as that required for the NAIS released solicitation; 
and
    (2) State the projected solicitation release date, provide notice 
that it is the offeror's responsibility to monitor the NAIS for 
solicitation release as the solicitation will be released as soon as 
practicable whether prior or subsequent to the projected date, and 
identify the name, telephone number, and e-mail address of a point of 
contact. The presolicitation notice shall be updated to reflect 
significant changes to the original notice.
    (d) For commercial item purchases, the streamlined solicitation 
(combined presolicitation notice and solicitation described in FAR part 
12) may be used.

Subpart 1871.4--Request for offer (RFO)

    9. Section 1871.401 is amended by revising the fourth sentence to 
read as follows:


1871.401  Types of RFO's.

    * * * If the conditions FAR 6.401(a) are met, the RFO's described 
in 1871.401-1 and 1871.401-2 shall be used; otherwise, RFO's described 
in 1871.401-3, 1871.401-4, 1871.401-5, or 1871.401-6 may be used. * * *
    10. Section 1871.401-1 is amended by revising the fourth sentence 
in paragraph (b)(2) to read as follows:


1871.401-1  Sealed Offers.

* * * * *
    (b) * * *
    (2) * * * For unclassified acquisitions, a summary abstract, 
containing offerors, prices and any essential information specific to 
that procurement shall be posted on the NAIS. * * *
* * * * *
    11. Section 1871.401-5 is amended by revising paragraph (b)(1) to 
read as follows:


1871.401-5  Noncompetitive negotiations.

* * * * *
    (b) * * * (1) Within the dollar thresholds specified in 
1871.302(a), posting a presolicitation notice on the NAIS meets the 
requirement of FAR 5.201 and complies with the notice required by the 
Competition in Contracting Act. A presolicitation notice is not 
required if one of the exceptions of FAR 5.202 is met.
* * * * *
    12. Section 1871.401-6 is added to read as follows:


1871.401-6  Commercial items.

    (a) Policy. (1) The RFO may be used as the solicitation method for 
commercial items.
    (2) MidRange Procedures may be used for commercial item 
procurements to the extent they are applicable.
    (b) Procedures. (1) Offerors shall be requested to provide both a 
technical and a price offer by the closing date specified.
    (2) The offers will be evaluated in accordance with applicable 
procedures.
    13. Section 1871.406 is amended by revising the section heading to 
read as follows:

[[Page 51370]]



1871.406  RFO by NAIS.

    14. Section 1871.406-1 is revised to read as follows:


1871.406-1  Methods of disseminating information (applicable to 
procurements meeting the thresholds in 1871.302(a)).

    (a) In accordance with 1871.302, presolicitation notices of 
solicitations for MidRange procurements shall be posted on the NAIS. 
The presolicitation notice shall include the information required by 
1871.302(c).
    (b) Solicitations for MidRange Procurements shall be made available 
on the NAIS. Paper copies shall be mailed within 5 working days from 
the date the RFO is posted on the NAIS or receipt of the request, 
whichever is later.
    (c) Solicitations available on the NAIS are exempt from the 
requirement in FAR 14.203-1 that delivery of the solicitations be made 
pursuant to FAR 14.205.
    (d) For the purposes of FAR 15.402(a), a solicitation posted on the 
NAIS is a written solicitation.
    (e) Solicitations posted on the NAIS in accordance with these 
regulations are exempt from the requirement in FAR 15.408(a) to issue 
solicitations using the procedures in FAR part 5.
    15. Section 1871.406-3 is revised to read as follows:


1871.406-3  Publicizing and response time.

    In accordance with 18.403, contracting activities shall allow at 
least 15 calendar days response time for receipt of offers from the 
date of posting of the solicitation on the NAIS. Contracting activities 
shall check the NAIS immediately after uploading a solicitation to 
assure that the solicitation is properly posted.
    16. Section 1871.406-4 is revised to read as follows:


1817.406-4  Method of soliciting offers.

    (a) Solicitations and solicitation amendments for MidRange 
procurements shall be generated in, or converted to, electronic files 
and uploaded to the NAIS.
    (b) Amendments to a solicitation posted on the NAIS shall be 
uploaded to the NAIS, and the solicitation and amendment number shall 
be added to the index of amended solicitations.

Subpart 1871.5--Award

    17. Section 1871.505 is revised to read as follows:


1871.505  Notifications to unsuccessful offerors.

    For solicitations that were posted on the NAIS, a preaward notice 
shall be electronically transmitted to the offerors. This notice meets 
the requirements of FAR 15.1001. However, the preaward notice in a 
small business set-aside must allow unsuccessful offerors 5 working 
days to challenge the small business status of the successful offeror. 
The procedures of FAR 15.1001(c)(2) shall be followed for procurements 
subject to the Trade Agreements Act.
    18. Section 1871.506 is revised to read as follows:


1871.506  Publication of award.

    An award notice shall be posted on the NAIS for seven (7) calendar 
days after posting, if the contract offers subcontracting opportunities 
or if it is subject to the Trade Agreements Act. The information 
required by FAR 5.207 shall be included in the award notice in 
abbreviated form.
    19. Section 1871.605 is amended by revising the first sentence in 
paragraph (a)(1) to read as follows:


1871.605  Negotiation methods and procedures.

    (a) * * *
    (1) The buying team may choose to conduct parallel negotiations of 
complete contracts with those offerors determined to be finalists or 
with all acceptable offerors.* * *
* * * * *

[FR Doc. 95-24430 Filed 9-29-95; 8:45 am]
BILLING CODE 7510-01-M