PART 1801
FEDERAL ACQUISITION REGULATIONS SYSTEM
TABLE OF CONTENTS
1801.000 Scope of part.
SUBPART 1801.1 PURPOSE, AUTHORITY, ISSUANCE
1801.103 Authority.
1801.104 Applicability.
1801.105 Issuance.
1801.105-1 Publication and code arrangement.
1801.105-2 Arrangement of regulations.
1801.106 OMB approval under the Paperwork Reduction Act.
SUBPART 1801.2 ADMINISTRATION
1801.270 Amendment of the NFS.
1801.271 NASA procedures for FAR and NFS changes.
1801.272 Procurement Information Circulars.
SUBPART 1801.3 AGENCY ACQUISITION REGULATIONS
1801.301 Policy.
1801.303 Publication and codification.
SUBPART 1801.4 DEVIATIONS FROM THE FAR
1801.400 Scope of subpart.
1801.471 Procedure for requesting deviations.
SUBPART 1801.6 CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES
1801.601 General.
1801.602-3 Ratification of unauthorized commitments.
1801.603 Selection, appointment, and termination of appointment.
1801.603-2 Selection.
1801.670 Delegations to contracting officer's technical
representatives (COTRs).
SUBPART 1801.7 DETERMINATIONS AND FINDINGS
1801.707 Signatory authority.
1801.770 Legal review.
PART 1801
FEDERAL ACQUISITION REGULATIONS SYSTEM
1801.000 Scope of part.
This part sets forth general informa-tion about the National Aeronautics and Space Administration (NASA) Federal Acquisition Regulation (FAR) Supplement, also referred to as the NFS.
Subpart 1801.1--Purpose, Authority, Issurance
1801.103 Authority.
(a) Under the following authorities, the Ad-minis-tra-tor has delegated to the Associ-ate Administrator for Procurement authori-ty to prepare, issue, and main-tain the NFS:
(i) The National Aeronautics and Space Act of 1958 (Pub. L. 85-568; 42 U.S.C. 2451 et seq.).
(ii) 10 U.S.C. chapter 137.
(iii) Other statutory authority.
(iv) FAR subpart 1.3.
1801.104 Applicability.
The NFS ap-plies to all acquisitions as defined in FAR Part 2 ex-cept those express-ly excluded by the FAR or this regulation.
1801.105-1 Publication and code arrangement.
(a) The single official NASA-maintained version of the NFS is on the Internet (http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm).
(b) The NFS is issued as chapter 18 of title 48, CFR.
1801.105-2 Arrangement of regulations.
(b)(1)(A) Numbering of NFS text imple-menting the FAR shall be the same as that of the related FAR text, except when the NFS coverage exceeds one para-graph. In such case the NFS text is num-bered by skipping a unit in the FAR 1.105-2(b)(2) pre-scribed numbering sequence. For exam-ple, two paragraphs implementing FAR 1.105-2(b)(1) are numbered 1801.105-2(b)(1)(A) and (B), rather than (1)(i) and (ii). Further subdivision of the NFS imple-menting paragraphs would follow the pre-scribed sequence in FAR 1.105(b)(2).
(B) NFS text that supplements the FAR part is num-bered the same as its FAR counterpart with the addi-tion of a number 70 and up. For example, NFS supple-ment of FAR subsection 1.105-3 is numbered 1801.105-370. Sup-plemental text ex-ceeding one para-graph is numbered using the FAR 1.105-2(b)(2) prescribed numbering sequence with-out skipping a unit.
(2) Subdivision numbering below the fourth level repeats the numbering sequence using itali-cized letters and numbers.
1801.106 OMB approval under the Paperwork Reduction Act.
(1) NFS require-ments. The following OMB control numbers apply:
NFS Segment |
OMB Control Number |
1819 |
2700-0073 |
1819.72 |
2700-0078 |
1827 |
2700-0052 |
1843 |
2700-0054 |
NF 533 |
2700-0003 |
NF 667 |
2700-0004 |
NF 1018 |
2700-0017 |
(2) Solicitations and contracts. Various require-ments in a solicitation or contract, generally in the statement of work, are not tied to specific para-graphs cleared in para-graph (1) of this section, yet require infor-mation collection or recordkeeping. The following OMB control numbers ap-ply to these requirements: 2700-0086 (acquisitions up to $25,000), 2700-0087 (solicitations that may result in bids or proposals not exceed-ing $500,000), 2700-0085 (solicita-tions that may result in bids or propos-als exceeding $500,000), 2700-0088 (con-tracts not exceed-ing $500,000), and 2700-0089 (contracts exceed-ing $500,00-0).
Subpart 1801.2--Administration
1801.270 Amendment of the NFS.
(a) The NFS is amended by publishing changes in the Federal Register. These changes are then incorporated into the NASA-maintained Internet version of the NFS through Procure-ment Notices (PNs). PNs are numbered consecu-tively, prefixed by the last two digits of the calendar year of issuance of the current edition of the NFS.
(b) Compliance with a revision to the NFS shall be in accor-dance with the PN containing the revision. Unless otherwise stated, solicita-tions that have been issued, and bilateral agree-ments for which negotiations have been completed, before the receipt of new or revised contract clauses need not be amend-ed to include the new or revised clauses if including them would unduly delay the acquisition.
1801.271 NASA procedures for FAR and NFS changes.
(a) Informal suggestions for improving the NFS, includ-ing correction of errors, should be directed to the Headquarters Office of Procurement (Code HK).
(b)(1) Formal requests for changes to the FAR or the NFS should be written and contain (i) a descrip-tion of the problem the suggested revision is de-signed to cure, (ii) the revision in the form of a marked-up copy of the current FAR or NFS lan-guage or the text of any additional language, (iii) the consequences of making no change and the benefits to be expected from a change, and (iv) any other information necessary for understanding the situa-tion, such as relationship between FAR and NFS cover-age, legal opinions, coordination with other offices, and existing agreements.
(2) Formal requests for FAR and NFS changes should be sent to Code HK. Re-quests from Headquar-ters offices should originate at the division level or higher, while installation requests should be signed at the procurement officer or higher level.
1801.272 Procurement Information Circulars.
(a) The Procurement Information Cir-cu-lar (PIC) is used for internal dissemina-tion of procure-ment-related information and direc-tives not suitable for inclusion in the NFS. Code HK is responsible for issuing PICs.
(b) PICs are numbered on a calendar year basis, beginning with number 1, pre-fixed by the last two digits of the year.
Subpart 1801.3--Agency Acquisi-tion Regu-lations
1801.301 Policy.
(a)(2) Heads of NASA field installations may pre-scribe policies and procedures that do not have a signifi-cant effect beyond the internal operating proce-dures of their installations. All other poli-cies, proce-dures, and solicitation and contract provi-sions and clauses must be for-warded to the Head-quar-ters Office of Procurement (Code HK) for approval in accor-dance with 1801.271(b).
(b)(i) 41 U.S.C. 418b requires publica-tion of NFS changes for public comment where there will be a significant effect beyond the internal oper-ating procedures of the agency or a signifi-cant cost or adminis-trative impact on con-tractors or offerors. Howev-er, it does not define "sig-nifi-cant effect beyond the internal operat-ing proce-dures" or "signifi-cant cost or ad-minis-trative im-pact." Exam-ples of policies or procedures that fall in either of these cate-gories are:
(A) A contract clause requiring con-trac-tors to take precautions to avoid injury to Flori-da mana-tees, which have been desig-nated as an endangered species, has a sig-nificant cost impact for contractors who must obtain protective devices for boat propel-lers and take other safety actions.
(B) A contract clause requiring con-trac-tors to follow the Government's holiday sched-ule, thereby disallowing premium pay for work on contractor-designated holidays, will have an effect outside the internal operating procedures of the agency.
(C) A contract clause requiring con-trac-tors to segregate costs by appropriations will affect the contractor's internal accounting system and have a significant impact.
(D) Requiring contractor compliance with NASA's Space Transportation System Per-sonnel Reliability Program will have an effect outside the internal operating proce-dures of the agency.
(ii) In contrast, the following would not have to be publicized for public comment:
(A) Security procedures for identify-ing and badging contractor personnel to obtain access at a NASA installation.
(B) A one-time requirement in a con-struc-tion contract for the contractor to develop a place-ment plan and for inspection prior to any concrete being placed. (This is part of the specification or state-ment of work.)
(C) A policy that requires the NASA instal-lation to maintain copies of unsuccess-ful offers.
1801.303 Publication and codification.
(a) Part, subpart, and section numbers 70 through 89 are reserved for NFS supplemen-tary material for which there is no FAR counterpart.
Subpart 1801.4--Deviations from the FAR
1801.400 Scope of subpart.
This subpart prescribes the policies and procedures for authorizing deviations from the FAR and the NFS.
1801.471 Procedure for requesting devia-tions.
(a) Requests for authority to deviate from the FAR or the NFS shall be sub-mitted by the Procurement Officer to the Headquar-ters Office of Procurement (Code HS).
(b) Each request for a deviation shall contain, as a minimum--
(1) Identification of the FAR or the NFS re-quirement from which a devia-tion is sought;
(2) A full description of the deviation, the cir-cum-stances in which it will be used, and the specific contract action(s) to which it applies;
(3) A description of its intended effect;
(4) A statement as to whether the devia-tion has been requested previously and, if so, the circum-stances of the previous re-quest;
(5) Identification of the contrac-tor(s) and the con-tract(s) affected, includ-ing dollar val-ue(s);
(6) Detailed reasons supporting the re-quest, including any pertinent back-ground information; and
(7) A copy of counsel's concurrence or com-ments.
(c) In addition to the information required by 1801.471(b), requests for individual devi-a-tions from FAR cost prin-ciples under FAR 31.101 should include a copy of the contractor's request for cost allowance.
Subpart 1801.6--Career Development, Contracting Authority, and Responsibilities
1801.601 General.
The authority to contract for authorized supplies and services is delegat-ed to the Associate Administrator for Pro-curement and installation officials by NPD 5101.32.
1801.602-3 Ratification of unauthorized commit-ments.
(b) Policy. Individuals making unautho-rized commitments may be subject to disci-plinary action, and the issue may be re-ferred to the Office of Inspector General.
(c)(7) The authority in FAR 1.602-3 may be exercised only when--
(A) The Government employee who made the unauthorized commitment, or his/her supervisor, if appropriate, initiates a pro-curement request in accordance with 1804.7301.
(B) The procurement request and/or ac-compa-nying documentation iden-tifies the individual who made the unautho-rized commitment, and includes a statement signed by the individual that explains why normal acquisition procedures were not fol-lowed, explains why the firm was select-ed, lists other sources considered, describes the work, and esti-mates or states the agreed price. If the Govern-ment representative who made the unautho-rized commit-ment is no longer available, appropriate program personnel shall provide the information described in this paragraph.
(C) The procurement request is submit-ted through the director of the cogni-zant pro-gram office at the contracting activity, or compara-ble official. In the procurement request, the director shall describe measures taken to prevent the recur-rence of the unauthorized commit-ment.
1801.603 Selection, appointment, and termi-nation of appointment.
1801.603-2 Selection.
Normally, only GS-1102 and -1105 personnel with the proper training and experi-ence may be appointed contracting officers and only when a valid organizational need can be demonstrated.
1801.670 Delegations to contracting officer's techni-cal representatives (COTRs).
A COTR delegation may be made only by the con-tracting officer cognizant of that con-tract at the time the delegation is made. If the cognizant contracting officer is absent, the delegation letter may be signed by a war-ranted contracting officer at any level above the cognizant contracting offi-cer. An individual COTR may have only the duties specifically identi-fied in a writ-ten delegation to him or her by name (i.e., COTR duties may not be delegated to a posi-tion) and has no authority to exceed them. COTRs should be informed that they may be personally liable for unauthorized commit-ments. Contracting officer authori-ty to sign or authorize contractual instru-ments shall not be dele-gated through a COTR designation or by any means other than a contracting officer warrant.
Subpart 1801.7--Determinations and Find-ings
1801.707 Signatory authority.
Signatory authority for determinations and findings (D&Fs) is specified in the FAR or the NFS text for the associat-ed subject matter. The Administrator may make any of the D&Fs that may be made by the Associate Admin-istrator for Procure-ment or by a contracting officer.
1801.770 Legal review.
Each D&F, including class D&Fs, shall be reviewed by counsel for form and legality before signa-ture by the approving authority.
