PART 1807
SUBPART 1807.1 ACQUISITION PLANS
1807.103 Agency-head responsibilities.
1807.104 General procedures.
1807.105 Contents of written acquisition plans.
1807.107 Additional requirements for
acquisitions involving bundling.
1807.107-70 Orders against Federal Supply Schedule contracts or other indefinite-delivery contracts awarded
by another agency.
1807.170 Procurement Strategy Meeting (PSM).
SUBPART 1807.2 PLANNING FOR THE PURCHASE OF SUPPLIES IN ECONOMIC QUANTITIES
1807.204 Responsibilities of contracting officers.
SUBPART 1807.5 INHERENTLY GOVERNMENTAL FUNCTIONS
1807.503 Policy.
SUBPART 1807.70 CONSOLIDATED CONTRACTING
1807.7000 General.
SUBPART 1807.71 MASTER BUY PLAN
1807.7100 General.
1807.7101 Applicability.
1807.7102 Submission, selection, and notification procedures.
1807.7102-1 Submission of Master Buy Plan.
1807.7102-2 Submission of amendments to the Master Buy Plan.
1807.7102-3 Selection and notification procedures.
1807.7103 Format of Master Buy Plan.
SUBPART 1807.72 ACQUISITION FORECASTING
1807.7200 Policy.
1807.7201 Definitions.
1807.7202 Responsibilities.
1807.7203 Forecast data.
PART 1807
1807.103 Agency-head responsibilities.
(d)(i) Except as provided in paragraph (d)(iii) of this section, acquisition plans shall be prepared according to the following:
(A) For acquisitions requiring Headquarters approval, by an Procurement Strategy Meeting (PSM) (see 1807.170);
(B) For acquisitions not requiring Headquarters approval and expected to exceed $10 million, by installation-approved PSMs or written acquisition plans; and,
(C) For acquisitions not expected to exceed $10 million, in accordance with installation procedures.
(ii) The estimated dollar amounts shall include all options and later phases of the same program or project.
(iii) Acquisition plans are not required for the following acquisitions:
(A) Architect-engineering services;
(B) Broad agency announcements (see 1835.016) or unsolicited proposals;
(C) Basic research from nonprofit organizations;
(D) Utility services available from only one source;
(E)
From or through other Government agencies
except when the value of the acquisition meets the
Master Buy Plan threshold (see 1807.7101);
or
(F) Industrial facilities required in support of related contracts.
(iv) Acquisition plans shall be approved before soliciting proposals.
(v) Approval of an acquisition plan does not constitute approval of any special conditions, or special clauses that may be required unless the plan so specifies, and the individual having approval authority is a signatory of the plan. All required deviations shall be approved through the procedures described in FAR 1.4 and 1801.4.
(vi) A single acquisition plan may be used for all phases of a phased acquisition provided the plan fully addresses each phase, and no significant changes occur after plan approval to invalidate the description of the phases. If such significant changes do occur, the plan shall be amended and approved at the same level as the original plan.
(e) Acquisition plans should be prepared on a program or system basis when practical. In such cases, the plan should fully address all component acquisitions of the program or system.
(a) The acquisition planning team shall obtain
input from the center offices responsible for matters of safety and mission
assurance, occupational health, environmental protection, information
technology, export control, and security to ensure that all NASA acquisitions
are structured in accordance with NASA policy in these areas. As part of this process, the team shall recommend any
appropriate solicitation or contract requirements for implementation of safety,
occupational health, environmental, information technology, export control, and
security concerns. (See NPR 8715.3, NASA
Safety Manual; NPR 7120.5, NASA Program and Project Management Processes and
Requirements; NPR 2810.1, Security of Information Technology, and NPR 1600.1, Security Program Procedural
Requirements, all available at http://nodis3.gsfc.nasa.gov/).
1807.105 Contents of written acquisition plans.
Acquisition plans shall address each applicable topic listed in FAR 7.105, as supplemented by this section. Plans shall be structured by subject heading using each italicized topic heading in the same sequence as presented in the FAR. Subheadings should be used when appropriate (e.g., the separate items under contracting considerations at 7.105(b)(4)). Topics not applicable to a given acquisition (e.g., design-to-cost and should-cost are not compatible with service acquisitions), should be marked N/A. The requirements in FAR 7.105 regarding performance-based acquisition methods shall not be limited to acquisition plans for service contracts.
(a)(1) Describe in nontechnical terms the supplies or services to be acquired. Include quantities.
(a)(2) NPR 7120.5 shall be an integral part of acquisition planning for programs and projects subject to its requirements. If the NPR does not apply, the acquisition plan shall clearly state that fact. If the NPR does apply, specify whether all required NPR 7120.5 documentation is current and approved. If not, describe the approach for obtaining approval or the authority to proceed without approval before release of draft or final solicitations. For programs and projects under the NPR, all draft or final solicitations subject to, or directly or substantially in support of, those programs or projects shall clearly identify the program or project of which they are part.
(a)(3) Identify the estimated cost and describe the estimating methodology.
(a)(5) Specify the delivery or performance period requirements separately by the basic contract, each option, and the total. Provide supporting rationale, which describes the relationship between the technical requirements and the proposed period of performance, including the basis for the decision regarding duration and the appropriateness of the inclusion of options.
(a)(7) Discuss project/program risks (see NPR 7120.5, NASA Program and Project Management Processes and Requirements). In addition to technical, schedule, and cost risks, the discussion shall include such considerations as: safety and security (including personnel, information technology, and facilities/property); the need to involve foreign sources (contractor and/or governmental), and risks of unauthorized technology transfer (see NPD 2110.1E and Export Control Program (http://www.hq.nasa.gov/office/oer/nasaecp/Welcome.html)); and resource risk, including the necessary level and expertise of NASA personnel resources available to manage the project/program. For each area of risk identified, the discussion shall include a quantification of the relative magnitude (e.g., high, medium, low) together with the specific actions taken to structure the acquisition approach to manage the risks throughout the acquisition process. For example, this discussion would identify those areas that have safety risk, discuss how safety is addressed in contract requirements and evaluated in the source selection, and how it will be managed and incentivized during contract performance. Decisions to accept, mitigate, track, and/or research risk factors shall be identified and documented as part of acquisition planning.
(a)(8) Streamlining applies to all NASA acquisitions. Describe all planned streamlining procedures.
(b)(3)
Discuss the source selection approach (trade-off, lowest price technically
acceptable, combination of approaches) and the rating method (numerical
scoring, acceptable/unacceptable, adjectival) to be used, how it will be used
and why it is expected to result in the selection of the best value to
NASA. Address how cost realism will be
evaluated.
(b)(4)(A) If an incentive contract is planned, describe the planned incentive(s) and the anticipated effects.
(B) Describe subcontracting issues, including all applicable subcontracting goals. (See FAR Part 19 and Part 1819).
(b)(5)(A) Identify the estimated cost separately by the basic contract, each option and total amount.
(B) Identify the funding by fiscal year and NASA Structure Management project number.
(C) Discuss planned approaches to eliminate funding shortfalls (vs. the estimated cost).
(b)(6) Identify the type of work statement/specification planned. Specifically address the applicability of performance work statements and the availability of commercial sources for the supplies/services.
(b)(10) Address contract management issues,
including --
(A)
Planned delegations of administrative functions; and
(B) When contract changes are anticipated, the plan to manage such changes and the specific measures that will be taken to minimize the issuance of undefinitized contract actions.
(b) (20) If the period between release of solicitation to contract award is more than 120 calendar days (180 days for formal SEB competitions), explain why that goal cannot be met.
1807.107 Additional requirements for acquisitions
involving bundling.
(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 requirements 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 or other indefinite-delivery contracts awarded by another agency.
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 or other indefinite-delivery contract awarded by another agency if the requirements consolidated under the order meet the definition of "bundling" at FAR 2.101.
1807.170 Procurement Strategy Meeting (PSM).
(a) The PSM is an acquisition plan conducted through a meeting attended by all interested NASA offices. The online Guide for Successful Headquarters Procurement Strategy Meetings (PSMs) can be found at the following URL: http://ec.msfc.nasa.gov/hq/library/PSMs.html. At the meeting, the acquisition plan topics and structure specified in 1807.105 are presented in briefing format, and formal written minutes prepared to summarize the decisions, actions, and conclusions of the PSM members. The approved minutes, along with the briefing charts, shall be included in the contract file to document completion of the acquisition plan required by 1807.103.
(b) The PSM is not a requirements definition meeting. It is a meeting to seek approval for the proposed acquisition approach for requirements that were previously defined and agreed to by the cognizant offices.
(c) Headquarters PSMs will be chaired by the Assistant Administrator for Procurement or designee. The Headquarters Office of Procurement (Program Operations Division) will prepare the minutes of Headquarters PSMs and distribute them to all attendees for review prior to approval by the PSM chairperson.
(d) For field installation PSMs, the minutes shall be approved in accordance with installation procedures.
Subpart 1807.2--Planning for the Purchase of Supplies in Economic Quantities
1807.204 Responsibilities of contracting officers.
(a) The contracting officer shall transmit in writing to the cognizant inventory management/requirements office either the actual offeror responses or a summary of their salient points. The transmittal should be made within five working days after the closing date for receipt of offers; however, if a response indicates the potential for a significant savings, it should be transmitted immediately.
Subpart 1807.5--Inherently Governmental Functions
(e) The field installation requirements office shall provide the contracting officer the written determination that none of the statement of work tasks are inherently governmental. Disagreements regarding the determination shall be resolved in accordance with installation procedures.
Subpart 1807.70--Consolidated
Contracting
The Consolidated Contracting Initiative (CCI) is NASA’s commitment to the cooperative creation and utilization of contracts, whenever practicable, to meet common Agency needs. CCI aims at improving acquisition efficiency by identifying and logically combining similar requirements. Complete information on the initiative, with its implementation guidance, is available in the internet (http://prod.nais.nasa.gov/cgi-bin/cci/first.cgi).
The Master Buy Plan provides information on planned acquisitions to enable management to focus its attention on a representative selection of high-dollar-value and otherwise sensitive acquisitions.
(a) The Master Buy Plan applies to each negotiated acquisition, including supplemental agreements, and acquisitions through or from other Government agencies, where the dollar value, including the aggregate amount of options, follow-on acquisitions, or later phases of multi-phase acquisitions, is expected to equal or exceed $50,000,000.
(b) For initial annual Master Buy Plan submission only, each installation shall submit its three largest acquisitions regardless of dollar value and all acquisitions over $50,000,000.
(c) The procedure also applies to:
(1) Any supplemental agreement that contains either new work, a debit change order, or a credit change order (or any combination/ consolidation thereof), if the absolute value of the actions equals or exceeds $50,000,000 (e.g., the absolute value of a supplemental agreement adding $30,000,000 of new work and deleting $30,000,000 of work is $60,000,000, and is therefore subject to the Master Buy Plan).
(2) Any supplement agreement that contains one or more elements (new work and/or individual change orders) of a sensitive nature that, in the judgment of the installation or Headquarters, warrants Headquarters consideration under the Master Buy Plan, even though the value does not equal or exceed $50,000,000.
(3) Any cooperative agreement notice where the total value (the Government's contribution plus the contribution of the recipient) of any resulting cooperative agreement is expected to equal or exceed $50,000,000.
(4) All new acquisitions excluding supplemental agreements, where the total value is expected to exceed $10,000,000, and the estimated Exploration Systems Mission Directorate (ESMD) or Space Operations Mission Directorate (SOMD) funding, or the combined estimated ESMD/SOMD funding, exceeds 50 percent of the total value of the acquisition.
(5) Any acquisition designated by NASA Headquarters regardless of its value.
(d) The Master Buy Plan does not apply to incremental funding actions or termination settlement agreements.
1807.7102 Submission, selection, and notification procedures.
1807.7102-1 Submission of Master Buy Plan.
(a) Prior to July 15th of every year, each installation shall submit to the Headquarters Office of Procurement (Program Operations Division) a Master Buy Plan (electronically) for the next fiscal year, listing every known acquisition that (1) meets the criteria in 1807.7101, (2) is expected to be initiated in that fiscal year, and (3) has not been included in a previous Master Buy Plan or amendment to a Master Buy Plan.
(b) The fiscal year Master Buy Plan shall list all uncompleted acquisitions selected for Headquarters review and approval from prior Master Buy Plans and amendments to Master Buy Plans. These acquisitions should be listed by the appropriate fiscal year Master Buy Plan and individual item numbers, and should indicate the current status of the individual acquisition documents previously selected for Headquarters review and approval.
(c) Plans shall be prepared in accordance with 1807.7103 and shall identify the individual acquisition documents involved for every acquisition listed. Acquisition documents that may require Headquarters approval will be held in abeyance until receipt of the notification required by 1807.7102-3. This is not to preclude the planning for or initiation of such documents up to that point where Headquarters approval may be required.
1807.7102-2 Submission of amendments to the Master Buy Plan.
(a) Acquisitions identified by installations after submission of their Master Buy Plan and meeting the criteria in 1807.7102-1(a) shall be submitted to Headquarters in accordance with 1807.7103 and identified as an amendment to the fiscal year Master Buy Plan submission.
(b) Master Buy Plan submissions should not be accomplished after the fact. Amendments shall be submitted sufficiently in advance of contract award date to allow Headquarters to select those acquisition documents that will be subject to Headquarters review and approval without creating an unacceptable delay in contract placement.
(c) When timely submittal is not possible, the installation shall provide with the amendment a narrative explaining the circumstances leading to the late submittal. A Master Buy Plan submission for a contract change order expected to meet the criteria in 1807.7101 shall be submitted to Headquarters immediately upon issuance of the change order.
1807.7102-3 Selection and notification procedures.
(a) The Headquarters Office of Procurement (Program Operations Division) shall select acquisition documents from the Master Buy Plan and amendments to Master Buy Plans to receive Headquarters review and approval and shall designate source selection officials.
(b) When, subsequent to document selection or delegation, an acquisition is changed (for example, increase or decrease in dollar amount, change in requirement), canceled, superseded, deferred, or becomes no longer subject to the Master Buy Plan procedures in accordance with the criteria in 1807.7101, the installation shall immediately notify the Program Operations Division, giving the reasons. The Program Operations Division shall notify the installation's procurement office in writing of any further action that may be required.
(c) Acquisition documents not selected for Headquarters review will be subject to after-the-fact reviews by Headquarters during normal procurement management surveys or other special reviews. Acquisition delegations may subsequently be rescinded if a Headquarters review is deemed appropriate.
1807.7103 Format of Master Buy Plan.
(a) In accordance with the requirements of 1807.7102-1 and 1807.7102-2, installations must prepare Master Buy Plans and amendments to Master Buy Plans in accordance with the Master Buy Plan Database (MBPD) instructions at http://www.hq.nasa.gov/office/procurement/regs/Table1807.doc and submit them in accordance with the MBPD User Manual Instructions listed at http://ec.msfc.nasa.gov/hq/library/masterbuyplan.pdf.
(b) For those acquisitions subject to the MBP pursuant to 1807.7101(c)(4), installations must include the following information in the MBP Record Fields:
HQ Funding Org: “HSFTP”
Status Schedule: SOMD Funded_____ percent; ESMD Funded____percent
Status Schedule: HCA Authority Recommendation: ESMD, SOMD or Center
In coordination with the Mission Directorates and the cognizant Center, the HCA authority for the new procurement will be determined and recorded in the MBP database by the Office of Procurement.
(a) As required by the Business Opportunity Development Reform Act of 1988, it is NASA policy to –
(1) Prepare an annual forecast and semiannual update of expected contract opportunities or classes of contract opportunities for each fiscal year;
(2) Include in the forecast contract opportunities that small business concerns, including those owned and controlled by socially and economically disadvantaged individuals, may be capable of performing; and
(3) Make available such forecasts to the public.
(b) The annual forecast and semiannual update are available on the NASA Acquisition Internet Service (http://www.hq.nasa.gov/office/procurement/).
"Class of contracts" means a grouping of acquisitions, either by dollar value or by the nature of supplies and services to be acquired.
"Contract opportunity" means planned new contract awards exceeding $25,000.
(a) NASA Procurement Officers shall post the data required by 1807.7203 directly to the NASA Acquisition Internet Service not later than October 1 for the annual forecast and April 15 for the semiannual update.
(b) The Program Operations Division will manage policy and monitor compliance with the NASA Acquisition Forecast process.
(a) The annual forecast shall contain --
(1) Summary historical data (based on information provided by the Headquarters Office of Procurement (Analysis Division and Program Operations Division)) on the class of contract opportunities below the simplified acquisition threshold;
(2) Identification of all known contract opportunities in excess of the simplified acquisition threshold. Each such action should be identified as one of the three broad categories of acquisition -- Research and Development, Services, or Supplies and Equipment and shall include the following information:
(i) A brief description not to exceed ten typed lines;
(ii) Approximate dollar value within the following dollar ranges: $100,000 to $1,000,000; $1,000,000 to $5,000,000; and over $5,000,000;
(iii) Anticipated time (by fiscal year quarter) for the issuance of the solicitation;
(iv) Identification if it is reserved for performance by small business concerns including those owned and controlled by socially and economically disadvantaged individuals;
(v) Identification as competitive or noncompetitive; and
(vi) Identification and telephone number of a center point of contact.
(b) The semiannual report shall be an update of the data provided by the annual forecast. This update should provide information on new requirements not previously reported and on changes in data related to actions previously identified.