NASA FAR Sup 1811

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PART 1811
DESCRIBING AGENCY NEEDS

TABLE OF CONTENTS

1811.002 Policy.

SUBPART 1811.1 SELECTING AND DEVELOPING REQUIREMENTS DOCUMENTS
1811.104 Items peculiar to one manufacturer.
1811.104-70 Brand name or equal purchase descriptions.
1811.104-71 NASA solicitation provision.

SUBPART 1811.4 DELIVERY OR PERFORMANCE SCHEDULES
1811.403 Supplies or services.
1811.404 Contract clauses.

SUBPART 1811.5 LIQUIDATED DAMAGES
1811.502 Policy.

SUBPART 1811.6 PRIORITIES AND ALLOCATIONS
1811.602 General.
1811.603 Procedures.

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PART 1811
DESCRIBING AGENCY NEEDS

1811.002 Policy.
(b) Implementation of the Metric Conversion Act of 1975, as amended, shall be in accordance with NPD 8010-.2B, Use of the Metric System of Measurements in NASA Programs.

Subpart 1811.1 Selecting and Developing Requirements Documents

1811.104 Items peculiar to one manufacturer.

1811.104-70 Brand name or equal purchase descriptions.
(a) Use of brand-name purchase descriptions is the least preferred method for describing Agency re-quire-ments. Purchase descriptions con-taining refer-ences to one or more brand-name products, or components of a product, followed by "or equal" may be used only in accor-dance with this Part 1811.
(b) The term "or equal" should not be added if it is determined under FAR 11.104 that only a particu-lar product meets the essential re-quire-ments of the Government.
(c) To the extent feasible, all accept-able brand-name products should be refer-enced. If "brand-name-or-equal" is used, offerors must be given the opportu-nity to offer prod-ucts other than those referenced by brand-name if those products will meet the needs of the Government in essentially the same manner.
(d) "Brand-name-or-equal" purchase descriptions should set forth the salient physical, functional, or other characteristics essential to the needs of the Government. Purchase descriptions should include the fol-lowing items and any other information necessary to de-scribe the item:
(1) Complete common generic identification of the item.
(2) Model, make, or catalog number for each brand name product, and identity of the commercial cata-log in which it appears.
(3) Name of manufacturer, pro-ducer, or dis-tributor of each brand name product referenced (and address if company is not well known).
(e) When it is needed to describe the item re-quired, a commercial cata-log description, or perti-nent ex-tracts, may be used if the descrip-tion is identified in the solicita-tion as being that of the manufactur-er, producer, or distributor. The contract-ing officer shall ensure that a copy of any catalog referenced (except parts catalogs) is available on request for review by offerors at the contracting office.
(f) Offerors offering brand-name products shall not be required to furnish samples; however, solici-ta-tions may require the submission of samples from offerors proposing "or equal" products.
(g) Proposals offering products differing from brand-name products referenced in a "brand-name-or-equal" purchase description shall be consid-ered for award if the contracting officer determines that the offered products meet the salient character-istics required by the solicitation. Offers shall not be rejected because of minor differences in design, con-struction, or features that do not affect the suitability of the prod-ucts for their intended use.
(h) Except as provided in paragraph (i)(1) of this section, when a "brand-name-or-equal" purchase de-scription is included in a solicita-tion, the follow-ing shall be inserted after each item so described in the solicitation for completion by the offeror:

Offering:

Manufacturer's Name              -   

Brand            No.        

(i) If the contracting officer determines that the provision at 1852.211-70 should apply only to certain components, the requirements of paragraph (h) of this section shall apply to them, and a state-ment substantially as follows shall be included:

The provision entitled Brand Name or Equal applies to the following components:

(List the components to which the provision applies.)

(j) Award documents for brand-name-or-equal acquisitions shall identify the specific products or components the contractor is to furnish. This identi-fication shall include any brand name and make or model number, descriptive material, and any modifi-cations of brand name products speci-fied in the solicitation.

1811.104-71 NASA solicitation provi-sion.
When a "brand-name-or-equal" pur-chase descrip-tion is used, the con-tracting officer shall insert in the solicitation the provision at 1852.-211-70, Brand Name or Equal.

Subpart 1811.4--Delivery or Performance Schedules

1811.403 Supplies or services.
(a)(3) Contract delivery or perfor-mance schedules shall not be express-ed in terms of a notice of award. A notice of award as a specific docu-ment, separate from the award docu-ment itself, is not a contractual document and shall not be used as a reference point for contract perfor-mance. See 1814.-408 for additional information on notices of award.

1811.404 Contract clauses.
(a)(2) FAR 52.211-8, Time of Deliv-ery, Alter-nates II and III, shall not be used in NASA contracts.
(3) FAR 52.211-9, Desired and Re-quired Time of Delivery, Alternates II and III, shall not be used in NASA contracts.

Subpart 1811.5--Liquidated Damages

1811.502 Policy.
(d) The procurement officer shall forward recom-menda-tions concerning remission of liquidated damages to the Headquarters Office of Procure-ment (Code HS).
Subpart 1811.6--Priorities and Allocations

1811.602 General.
(c) The Department of Defense is the "Dele-gate Agency" for NASA. The Headquarters Office of Procurement (Code HS) shall coordi-nate with DOD, as necessary, to ensure that any DOD require-ments are met.

1811.603 Procedures.
(e)(i) The use of priority ratings on NASA con-tracts and purchase orders is mandatory except as noted in para-graph (e)(ii) of this section. Priority ratings are assigned on individual contracts and purchase orders by the contracting officer.
(ii) Priority ratings will not be issued for the fol-lowing:
(A) Items ordered or requi-sitioned from the GSA Federal Supply Service.
(B) Items for plant improve-ment, expansion, or construction, unless they will be physically incor-porated into a construction project covered by a rated order, or unless NASA has obtained specific priority rating authority.
(C) Production or construc-tion equipment or items to be used for the manufacture of production equipment, unless NASA has obtained specific priority rating authority.
(D) Items falling under the jurisdiction of agencies other than NASA's Delegate Agency. These are: petroleum, gas, solid fuel, electric power, and all other forms of energy; food; civil transporta-tion and the movement of persons and property by all modes; minerals; water; housing facilities; health facilities; radio-isotopes, stable isotopes, source material and special nuclear material produced in Government-owned plants or facilities operated by or for the Department of Energy; communication services; copper raw materials; crushed stone; gravel; sand; scrap; slag; central steam heat; and waste paper.
(iii) All other NASA orders shall be assigned a DO rating, unless NASA has obtained a DX rating from the Delegate Agency.
(iv) The program identification numbers (DP-AS, 15 CFR Part 700, SCH L.) to be used by NASA are as follows:
A1 Aircraft
A2 Missiles
A3 Ships
A5 Weapons
A6 Ammunition
A7 Electronic and Communi-cations Equipment
B1 Military Building Sup-plies
B8 Production Equipment (For Contractor's Account)
B9 Production Equipment (Government-Owned)
C2 Construction
C3 Maintenance, Repair, and Operating Supplies for Facili-ties
C9 Miscellaneous/Other

(g) Installation requests for as-sistance shall be directed to the Headquarters Office of Procure-ment (Code HS).

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