[Federal Register Volume 65, Number 148 (Tuesday, August 1, 2000)]
[Rules and Regulations]
[Pages 46875-46877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19270]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1807 and 1819
Contract Bundling
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: This is a final rule amending the NASA FAR Supplement (NFS) to
provide guidance on internal NASA procedures for justifying contract
bundling.
EFFECTIVE DATE: August 1, 2000.
FOR FURTHER INFORMATION CONTACT: Tom O'Toole, NASA, Office of
Procurement, Contract Management Division (Code HK), (202) 358-0478.
SUPPLEMENTARY INFORMATION:
A. Background
Federal Acquisition Circular 97-15 included an interim rule
addressing contract bundling that overlaps existing coverage at NFS
1819.202-170 on contract consolidations. To conform the NFS to the FAR,
NASA is eliminating its separate coverage on consolidations. Instead,
NASA is supplementing FAR 7.107, Additional requirements for
acquisitions involving bundling of contract requirements, to establish
the following internal administrative procedures: (1) the justification
and documentation mandated by the FAR for ``substantial bundling'' must
be performed for proposed NASA bundlings of $5 million or more; (2) the
measurable benefit analysis, justification, and the bundling
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documentation for each acquisition of $5 million or more must be sent
to NASA Headquarters for review; (3) the analysis, justification, and
documentation requirements apply to an order from a Federal Supply
Schedule contract, Governmentwide acquisition contract, or other
indefinite-delivery contract if the requirements consolidated under the
order meet the definition of ``bundling'' at FAR 2.101; and (4)
proposed acquisitions identified via the agency's Master Buy Plan
process must indicate if they are a bundled acquisition.
B. Regulatory Flexibility Act
This final rule does not constitute a significant revision within
the meaning of FAR 1.501 and Pub. Law 98-577 and publication for
comments is not required. However, NASA will consider comments from
small entities concerning the affected NFS subparts in accordance with
5 U.S.C. 610.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes do
not impose information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Parts 1807 and 1819
Government Procurement.
Tom Luedtke,
Associate Administrator for Procurement.
Accordingly, 48 CFR Parts 1807 and 1819 are amended as follows:
1. The authority citation for 48 CFR Parts 1807 and 1819 continues
to read as follows:
Authority: 42 U.S.C. 2473(c)(1).
PART 1807--ACQUISITION PLANNING
2. Add sections 1807.107 and 1807.107-70 to read as follows:
1807.107 Additional requirements for acquisitions involving bundling
of contract requirements. (NASA supplements paragraphs (c) and (e).)
(c) Requests for approval of proposed bundlings that do not meet
the thresholds in FAR 7.107(b) must be sent to the Headquarters Office
of Procurement (Code HS).
(e) The substantial bundling documentation requirement applies to
each proposed NASA bundling expected to exceed $5 million or more. The
contracting officer must forward the documentation along with the
measurable benefits analysis required by FAR 7.107(b) to the
Headquarters Office of Procurement (Code HS) in sufficient time to
allow a minimum of 10 days for review.
1807.107-70 Orders against Federal Supply Schedule contracts,
Governmentwide acquisition contracts (GWACs), or other existing
indefinite-delivery contracts.
The FAR and NFS requirements for justification, review, and
approval of bundling of contract requirements also apply to an order
from a Federal Supply Schedule contract, Governmentwide acquisition
contract, or other indefinite-delivery contract if the requirements
consolidated under the order meet the definition of ``bundling'' at FAR
2.101.
3. Table 1807-1 is revised to read as follows:
Table 1807-1
FORMAT
MASTER BUY PLAN PROCEDURES
Line Item FY________________________________ Page No.:________________________
No.:________________________
Installation:_______________________ Date:____________________________
___
(1) Cognizant (2) Descriptive
Headquarters Title of (3) Estimated (4) Acquisition (5) JOFOC (6) RFP
Office Procurement Dollar Value Plan
(9) Contract (10) Current
(7) SEB (8) Pre-Neg Review Status (11) Remarks
INSTRUCTIONS
General
1. Prepare on 8\1/2\"x11" paper or electronically.
2. List only one procurement on each page and number each page. Sequentially number each procurement action with
a two digit ``Line Item Number'' beginning with ``01'' for each annual submission and subsequent amendments.
3. For the initial submissions only, list procurements and their current status from prior fiscal year(s) Master
Buy Plans and amendments to MBPs that have not been completed.
4. Do not reproduce these instructions on the submission.
Supplementary instructions by heading number
(1) Include letter code and Headquarters contact, if known.
(2) Include an ``N'' to indicate new procurement or ``FO'' to indicate follow-on procurement.
(3) A range of dollar values may be used, if the exact value is unavailable. Express the range as $120M to $25M,
$25M, $25M to $50M, and so forth in $25M increments. Include all phases of the procurement. All dollar values
must be in real year dollars, i.e., adjusted to include anticipated inflation.
(4) Installation recommendation (``Y'' or ``N'') that an Acquisition Strategy Meeting be held. (The final
decision will be made by Headquarters upon review of the MBP submission.)
(5)-(9) Use ``X'' to indicate applicable documents. If Column (7) contains an ``X'', include your recommendation
in that column for the Source Selection Official (SSO). The recommendation should be either the Center SSO or
Headquarters SSO (HSSO).
(10) Status should include scheduled date for next event. (Complete horizontally.)
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(11) Include data considered pertinent and indicate expected date for placement of contract. If less than full
and open competition is involved, indicate the authority being used, identify the firm(s) to which the
procurement is being limited, and indicate the current status of the justification document. Include the names
and telephone numbers of the cognizant installation procurement person and technical representative. Indicate
if the procurement will result in a bundled contract as defined in FAR 2.101.
PART 1819--SMALL BUSINESS PROGRAMS
1819.202-170 [Removed]
4. Section 1819.202-170 is removed.
[FR Doc. 00-19270 Filed 7-31-00; 8:45 am]
BILLING CODE 7510-01-P