By Government Contracts Editorial Staff
The National Aeronautics and Space Administration has issued four Procurement Notices amending the NASA Federal Acquisition Regulation Supplement. The first three PNs reflect direct final rules issued by NASA on June 22, 2018. PN 18-12 (¶70,049.279) implements NFS Case 2018-N008, Removal of Reference to the Shared Savings Policy and Associated Clause (¶70,047.247). The rule removed NFS Subpart 1843.71 and the clause at NFS 1852.243-71, Shared Savings. NFS Subpart 1843.71 established a shared savings program and prescribed the contract clause. NASA removed these sections because they duplicated FAR Part 48, Value Engineering, and associated clauses implemented under OMB Circular A-131, Value Engineering. The FAR value engineering clauses provide the same incentive to contactors as the NFS shared savings clause. PN 18-13 (¶70,049.280) implements NFS Case 2018-N016, Removal of Reference to the Supplemental Rights in Data Special Works Policy and Associated Clause (¶70,047.246), which removed the clause at NFS 1852.227-17, Rights in Data—Special Works, and the prescription for the clause at NFS 1827.409(i). NASA made this changes because a 2007 amendment to FAR 52.227-17 (¶70,002.94) made NFS 1852.227-17 unnecessary.
Definitions Restored. In PN 18-14 (¶70,049.281), NASA implements NFS Case 2018-N017, Removal of Definitions (¶70,047.245). The rule removed from the Code of Federal Regulations NFS Part 1802, Definitions of Words and Terms, which contained definitions for “Administrator,” “Contracting activity,” “Head of the agency” or “agency head,” “Head of the contracting activity (HCA),” “NASA Acquisition internet Service (NAIS),” “Procurement officer,” and “Senior Procurement Executive.” NASA removed these definitions because they affect only internal NASA administrative procedures and had no cost or administrative impact on contractors or prospective contractors. However, PN 18-15 (¶70,049.282) restores some of these definitions to the non-regulatory portion of the NFS, at NFS 1802.101. Also, PN 18-15 revises the definitions for “Contracting activity” and “Head of the Contracting Activity (HCA)” to account for center name changes and to clarify the HCA appointments and roles. Finally, PN 18-15 revises NFS 1801.601 and NFS 1801.603-1, to address the delegation of authority from the Assistant Administrator for Procurement to the HCA, and removes and reserves NFS Subpart 1804.5 (NFS 1804.570 and NFS 1804.570-1), which addressed the NASA Acquisition Internet Service.
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