NASA FAR Sup 1817

Previous PageTable Of ContentsNASA FAR SupNext Page



PART 1817
SPECIAL CONTRACTING METHODS

TABLE OF CONTENTS

SUBPART 1817.1 MULTIYEAR CONTRACTING
1817.105 Policy.
1817.105-1 Uses.

SUBPART 1817.2 OPTIONS
1817.200 Scope of subpart.
1817.203 Solicitations.
1817.204 Contracts.
1817.206 Evaluation.
1817.207 Exercise of options.
1817.207-70 Analysis to support exercise of options.
1817.208 Solicitation provisions and contract clauses.

SUBPART 1817.4 LEADER COMPANY CONTRACTING
1817.401 General.

SUBPART 1817.5 INTERAGENCY ACQUISITIONS UNDER THE ECONOMY ACT
1817.500 Scope of subpart.

SUBPART 1817.70 INTERAGENCY ACQUISITIONS
1817.7000 Scope of subpart.
1817.7001 Authorization and policy.
1817.7002 Determinations and findings requirements.
1817.7003 Ordering Procedures.
1817.7004 Acquisitions with Military Departments.
1817.7004-1 Authorization and policy.
1817.7004-2 NASA-Interagency Purchase Request and acceptance.
1817.7004-3 Acceptance by Military Department.
1817.7004-4 Changes in estimated total prices.
1817.7004-5 Payments.
1817.7004-6 Contract clause.
1817.7005 Acquisitions with Civilian Agencies.
1817.7005-1 Authorization and policy.
1817.7005-2 NASA-Interagency Purchase Request and acceptance.
1817.7005-3 Contract clause.

SUBPART 1817.71 EXCHANGE OR SALE OF PERSONAL PROPERTY
1817.7101 Policy.
SUBPART 1817.73 PHASED ACQUISITION
1817.7300 Definitions.
1817.7301 Down-selections in phased acquisitions.
1817.7301-1 Pre-solicitation planning.
1817.7301-2 Evaluation factors.
1817.7301-3 Down-selection milestones.
1817.7301-4 Synopsis.
1817.7301-5 Progressive competition.
1817.7302 Contract clauses.

PART 1817

SPECIAL CONTRACTING METHODS

Subpart 1817.1--Multiyear Contracting

1817.105 Policy.

1817.105-1 Uses.
(b) The Assistant Administrator for Procurement (Code HS) is the approval authority for the use of the multiyear contracting technique. Requests for approval shall be signed by the procurement officer and shall include a description of the acquisition, identification of anticipated contract costs and funding, and a determination, with supporting rationale, that each of the criteria in FAR 17.105-1(b) is met by the proposed use of multiyear contracting.

Subpart 1817.2--Options

1817.200 Scope of subpart.
FAR Subpart 17.2 applies to all NASA contracts.

1817.203 Solicitations.
(g)(2) The procurement officer is authorized to approve option quantities greater than 50 percent.

1817.204 Contracts.
(e)(i) The 5-year limitation (basic plus option periods) applies to all NASA contracts regardless of type and other procurement award instruments. This includes agreements (e.g. basic ordering agreements, blanket purchase agreements), interagency acquisitions, and orders placed under agreements or awarded under a Federal Supply Schedule or other indefinite delivery/indefinite quantity contracts awarded by other agencies. See 1816.505-71 for limitations on the ordering period of task and delivery order contracts.
(ii) When the performance period exceeds 5 years (exclusive of options), the program/project office and the contracting officer shall review the requirement at the mid-point of the performance period to ensure that the products or services continue to fulfill NASA’s mission needs and that the procurement award instrument continues to provide the best means of satisfying the requirement.
(iii) Requests for deviations from the 5-year limitation policy shall be sent to the Assistant Administrator for Procurement (Code HS) and shall include justification for exceeding five years. The justification shall discuss planned future assessment of continued performance either prior to exercise of options or at the mid-term of a basic contract with no options. Evidence shall also be included showing that the extended years can be reasonably priced.

1817.206 Evaluation.
(b)(i) The procurement officer is the approval authority for determinations by the contracting officer not to evaluate offers for any option quantities or periods.
(ii) Unless a determination has been approved under 1817.206(b)(i), the selection statement for each acquisition involving an option shall address the source selection authority's consideration of the option as part of the initial competition.

1817.207 Exercise of options.
(c)(2) In addition to determining the option fulfills an existing need, the contracting officer shall determine that there is no change in the scope of the option requirements.
(f) Options under cost type contracts shall contain an estimated cost for the option period(s).
(f)(2) Use of the provision (or formula) for determining the price of a fixed price option requires advance approval by the Assistant Administrator for Procurement (Code HS).
(f)(3)(ii) Use of a formula to determine the fee of an option in a cost-type contract requires advance approval of the Assistant Administrator for Procurement (Code HS). The formula shall preclude the contractor from increasing costs for the purpose of earning additional fee.

1817.207-70 Analysis to support exercise of options.
(a) The contracting officer’s determination that exercise of the option is the most advantageous method of fulfilling the requirement shall be based on input and information from the requiring organization. The contracting officer and the requiring organization shall ensure that analysis sufficient to support the determination that option exercise is the most advantageous method is completed in advance of providing the notice to the contractor required by FAR 17.207(a). Sufficient time shall remain in the performance period to allow the acquisition team to pursue appropriate alternative approaches with minimal impact to the program or project in terms of technical, cost, or schedule risk should the analysis conclude that the best programmatic path is not exercising the option.
(b) The analysis required to support the option exercise determination must include consideration of other factors in addition to price. In addition to the other factors contained in FAR 17.207(e), the determination to exercise the option should include, but is not limited to, consideration of --
(1) The contractor’s performance in satisfying contract requirements, for example, receiving positive performance ratings (see subpart 1842.15) and the contractor’s level of success in implementing and maintaining small business programs (including mentoring arrangements), which were evaluated as part of the source selection process and incorporated into the awarded contract; and
(2) The results of market research activities to identify any technical, engineering or scientific advances that offer programmatic benefits or performance improvements beyond those that are contractually available under the option to be exercised.

1817.208 Solicitation provisions and contract clauses.

Subpart 1817.4--Leader Company Contracting

1817.401 General.

Subpart 1817.5--Interagency Acquisitions Under the Economy Act

1817.500 Scope of subpart.

Subpart 1817.70 –Interagency Acquisitions

1817.7000 Scope of subpart.

1817.7001 Authorization and policy.
(a) The National Aeronautics and Space Act of 1958 (42 U.S.C. 2473 et seq.) applies to NASA interagency acquisitions except those acquisitions for the NASA Office of Inspector General acquired under the authority of the Inspector General Act of 1978 (5 U.S.C. APPENDIX Sec.6(a)(9)). NASA has elected to conform its implementation of the National Aeronautics and Space Act of 1958 and the Inspector General Act of 1978 to the requirements of the Economy Act (see FAR 17.5).
(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 (Program Operations Division) 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.

1817.7002 Determinations and findings requirements.
(a) Interagency acquisitions shall be supported by a Determination and Finding (D&F) equivalent to that required for Economy Act acquisitions (see FAR 17.503). This requirement applies to all purchases of goods or services under contracts entered into or administered by agencies other than NASA including the Military Departments and Civilian Agencies. The Space Act shall be cited as authority for all NASA interagency acquisitions except that the Inspector General Act shall be cited as the authority for interagency acquisitions for the NASA Office of Inspector General.
(b) To satisfy the D&F requirement identified in FAR 17.503(a)(2), current market prices, recent acquisition prices, or prices obtained by informational submissions as provided in FAR 15.201 may be used to ascertain whether the acquisition can be accomplished more economically from commercial sources.
(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 1817.7001(b).)
(d) A D&F is required for each individual contract action (see FAR 1.702) and any increase permitted by options (see FAR 17.2).
(e) The determination described in paragraph (a) of this section is not required for contracts awarded under the Space Act to Government agencies pursuant to a Broad Agency Announcement when a review of the acquisition records would make it obvious that the award is not being used as a method of circumventing regulatory or statutory requirements, particularly FAR Part 6, Competition Requirements (e.g., when a significant number and value of awards made under the BAA are made to entities other than Government agencies).

1817.7003 Ordering procedures.
To satisfy the ordering procedures in FAR 17.504(b)(4), all payment provisions shall require the servicing agency or department to submit a final voucher, invoice, or other appropriate payment document within six months after the completion date of the order. A different period may be specified by mutual agreement if six months is not sufficient.

1817.7004 Acquisitions with Military Departments

1817.7004-1 Authorization and policy.

(c) The Military Departments have agreed not to claim reimbursement for administrative costs incident to acquisitions for NASA, except as may be otherwise agreed before the services are performed.

1817.7004-2 NASA-Interagency Purchase Request and acceptance.

1817.7004-3 Acceptance by Military Department.

1817.7004-4 Changes in estimated total prices.

1817.7004-5 Payments.

1817.7004-6 Contract clause.

1817.7005 Acquisitions with Civilian Agencies

1817.7005-1 Authorization and policy.
NASA is authorized by the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473 et seq.) to acquire supplies or services of Civilian Agencies, with their consent and with or without reimbursement on the basis of mutual agreement with Civilian Agencies. Contracting Officer shall complete and execute a Determination and Finding (D&F) before placing an order for supplies or services with another Government agency in accordance with NFS 1817.70.

1817.7005-2 NASA-Interagency Purchase Request (NF-523) and Acceptance.

1817.7005-3 Contract clause.
The contracting officer shall insert the clause at 1852.217-70, Property Administration and Reporting, in any NASA-Interagency Purchase Request when property will be involved.

Subpart 1817.71--Exchange or Sale of Personal Property

1817.7101 Policy.

Subpart 1817.73--Phased Acquisition

1817.7300 Definitions.

1817.7301 Down-selections in phased acquisitions.

1817.7301-1 Pre-solicitation planning.

1817.7301-2 Evaluation factors.

1817.7301-3 Down-selection milestones.

1817.7301-4 Synopsis.

1817.7301-5 Progressive competition.

1817.7302 Contract clauses.

Previous PageTop Of PageTable Of ContentsNASA FAR SupNext Page