NASA FAR Sup 1828

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PART 1828

TABLE OF CONTENTS

SUBPART 1828.1 BONDS
1828.101 Bid guarantees.
1828.101-70 NASA solicitation provision.
1828.103 Performance and payment bonds and alternative payment protections for other than construction contracts.
1828.103-70 Subcontractors performing construction work under nonconstruction contracts.
1828.103-71 Solicitation requirements and contract clauses.
1828.106 Administration.
1828.106-6 Furnishing information.

SUBPART 1828.2 SURETIES
1828.202 Acceptability of corporate sureties.
1828.203 Acceptability of individual sureties.

SUBPART 1828.3 INSURANCE
1828.307 Insurance under cost-reimbursement contracts.
1828.307-1 Group insurance plans.
1828.307-2 Liability.
1828.307-70 Insurance of industrial facilities.
1828.311 Solicitation provision and contract clause on liability insurance under cost-reimbursement contracts.
1828.311-1 Contract clause.
1828.311-2 Agency solicitation provisions and contract clauses.
1828.311-270 NASA solicitation provisions and contract clauses.
1828.370 Fixed-price contract clauses.
1828.371 Clauses for cross-waivers of liability for Space Shuttle services, Expendable Launch Vehicle (ELV) launches, and Space Station activities.
1828.372 Clause for minimum insurance coverage.

PART 1828

BONDS AND INSURANCE

Subpart 1828.1--Bonds

1828.101 Bid guarantees.

1828.101-70 NASA solicitation provision.

1828.103 Performance and payment bonds and alternative payment protections for other than construction contracts.

1828.103-70 Subcontractors performing construction work under nonconstruction contracts.
(a) The contracting officer shall require prime contractors on nonconstruction contracts to obtain the following performance and/or payment protection from subcontractors performing construction work:
(1) Performance and payment bonds when the subcontract construction work is in excess of $100,000 and is determined by NASA to be subject to the Miller Act.
(2) An appropriate payment protection determined according to FAR 28.102-1(b)(1) when the subcontract construction work is greater than $25,000 but not greater than $100,000.

(b) The contracting officer shall establish the penal amount in accordance with FAR 28.102-2 based on the subcontract value.
(c) The bonds shall be provided on SF 25, Performance Bond, and SF 25A, Payment Bond. These forms shall be modified to name the NASA prime contractor as well as the United States of America as obligees.

1828.103-71 Solicitation requirements and contract clauses.
When performance and payment bonds or alternative payment protections are required from subcontractors performing construction work under nonconstruction prime contracts, the contracting officer shall follow the procedures in FAR 28.102-3. When alternative payment protections are required, insert a clause substantially the same as FAR 52.228-13, Alternative Payment Protections, appropriately modified.

1828.106 Administration.

1828.106-6 Furnishing information.
(c) The contracting officer is the agency head's designee.

Subpart 1828.2--Sureties

1828.202 Acceptability of corporate sureties.
(d) Contracting officers may obtain access to Department of Treasury Circular 570 through the internet at http://www.fms.treas.gov/c570.html.

1828.203 Acceptability of individual sureties.
(g) Notification of suspected criminal or fraudulent activities, with all supporting documentation, shall be submitted to the Headquarters Office of Procurement (Code HS).

Subpart 1828.3--Insurance

1828.307 Insurance under cost-reimbursement contracts.

1828.307-1 Group insurance plans.
(a) The procurement officer is the approval authority.

1828.307-2 Liability.
(b)(2)
(A) The procurement officer may approve a requirement for property damage liability insurance when:
(a) A commingling of operations permits property damage coverage at a nominal cost to NASA under insurance carried by the contractor in the course of its commercial operations; or

(b) The contractor is engaged in the handling of high explosives or in extra hazardous research and development activities undertaken in populated areas.
(B) In all other circumstances, the Associate Administrator for Procurement (Code HS) is the approval authority.

1828.307-70 Insurance of industrial facilities.

1828.311 Solicitation provision and contract clause on liability insurance under cost-reimbursement contracts.

1828.311-1 Contract clause.
The contracting officer must insert the clause at FAR 52.228-7, Insurance - Liability to Third Persons, as prescribed in FAR 28.311-1, unless --
(a) Waived by the procurement officer; or
(b) The successful offeror represents in its offer that it is totally immune from tort liability as a State agency or as a charitable institution.

1828.311-2 Agency solicitation provisions and contract clauses.

1828.311-270 NASA solicitation provisions and contract clauses.
(a) The contracting officer must insert the clause at 1852.228-71, Aircraft Flight Risks, in all cost-reimbursement contracts for the development, production, modification, maintenance, or overhaul of aircraft, or otherwise involving the furnishing of aircraft to the contractor, except when the aircraft are covered by a separate bailment.
(b) The contracting officer must insert the provision at 1852.228-80, Insurance -Immunity from Tort Liability, in solicitations for research and development when a cost-reimbursement contract is contemplated.
(c) The contracting officer must insert FAR clause 52.228-7 and the associated clause at 1852.228-81, Insurance - Partial Immunity From Tort Liability, when the successful offeror represents in its offer that the offeror is partially immune from tort liability as a State agency or as a charitable institution.
(d) The contracting officer must insert the clause at 1852.228-82, Insurance - Total Immunity From Tort Liability, when the successful offeror represents in its offer that the offeror is totally immune from tort liability as a State agency or as a charitable institution.

1828.370 Fixed-price contract clauses.

1828.371 Clauses for cross-waivers of liability for Space Shuttle services, Expendable Launch Vehicle (ELV) launches, and Space Station activities.

1828.372 Clause for minimum insurance coverage.

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