TABLE OF CONTENTS
SUBPART 1837.1 SERVICE CONTRACTS --GENERAL
1837.101 Definitions.
1837.104 Personal
services contracts.
1837.110 Solicitation
provisions and contract clauses.
1837.110-70 NASA solicitation
provision and contract clauses.
1837.170 Pension
portability.
SUBPART
1837.2
ADVISORY AND ASSISTANCE SERVICES
1837.203 Policy.
1837.203-70 Providing contractors access to sensitive information.
1837.203-71 Release of contractors’ sensitive information.
1837.203-72 NASA contract clauses.
1837.204 Guidelines for determining availability of personnel.
SUBPART 1837.6 PERFORMANCE-BASED
ACQUISITION
1837.601 General.
PART 1837
SERVICE CONTRACTING
Subpart 1837.1--Service
Contracts--General
"Pension portability" means the recognition and continuation in a successor service contract of the predecessor service contract employees' pension rights and benefits.
1837.104 Personal
services contracts.
(b) Section 203(c)(9) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473(c)(9)) authorizes NASA "to obtain services as authorized by Section 3109 of Title 5, United States Code." It is NASA policy to obtain the personal services of experts and consultants by appointment rather than by contract. The policies, responsibilities, and procedures pertaining to the appointment of experts and consultants are in NPR 3300.1, Appointment of Personnel To/From NASA, Chapter 4, Employment of Experts and Consultants.
1837.110 Solicitation provisions and contract clauses.
1837.110-70 NASA solicitation provision and contract
clauses.
(a) The contracting officer shall
insert the clause at 1852.237-70,
Emergency Evacuation Procedures, in solicitations and contracts for on-site
support services where emergency evacuations of the NASA installation may
occur, e.g., snow, hurricanes, tornadoes, earthquakes, or other emergencies.
(b) The contracting officer shall
insert the clause at 1852.237-71,
Pension Portability, in solicitations, contracts or negotiated contract
modifications for additional work when the procurement officer makes the
determination in 1837.170(a)(2).
1837.170 Pension portability.
(a) It is NASA's policy not to
require pension portability in service contracts. However, pension portability
requirements may be included in solicitations, contracts, or contract
modifications for additional work under the following conditions:
(1)(i)
There is a continuing need for the same or similar services for a minimum of
five years (inclusive of options), and, if the contractor changes, a high
percentage of the predecessor contractor's employees are expected to remain
with the program; or
(ii) The employees under
a predecessor contract were covered by a portable pension plan, a follow-on
contract or a contract consolidating existing services is awarded, and the
total contract period covered by the plan covers a minimum of five years
(including both the predecessor and successor contracts); and
(2) The procurement
officer determines in writing, with full supporting rationale, that such a
requirement is in the Government's best interest. The procurement officer shall
maintain a record of all such determinations.
(b)
When pension portability is required, the plan shall comply with the
requirements of the clause at 1852.237-71,
Pension Portability, (see 1837.110-70(b)), and the contract shall also include
a clear description of the plan, including service, pay, liabilities, vesting,
termination, and benefits from prior contracts.
1837.203 Policy.
(c) Advisory and assistance services of
individual experts and consultants shall normally be obtained by appointment
rather than by contract (see NPR 3300.1,
Appointment of Personnel To/From NASA, Chapter 4, Employment of Experts and
Consultants).
(3) As used in this subpart, “service provider” refers to the
service contractor that receives sensitive information from NASA to provide
services to the requiring organization.
(b)(1) To support management activities
and administrative functions, NASA relies on numerous service providers. These contractors may require access to
sensitive information in the Government’s possession, which may be entitled to
protection from unauthorized use or disclosure.
(2) As an initial step, the requiring organization shall identify when needed services may entail access to sensitive information and shall determine whether providing access is necessary for accomplishing the Agency’s mission. The requiring organization shall review any service provider requests for access to information to determine whether the access is necessary and whether the information requested is considered “sensitive” as defined in paragraph (a)(1) of this section.
(c) When the requiring organization determines that providing specified services will entail access to sensitive information, the solicitation shall require each potential service provider to submit with its proposal a preliminary analysis of possible organizational conflicts of interest that might flow from the award of a contract. After selection, or whenever it becomes clear that performance will necessitate access to sensitive information, the service provider must submit a comprehensive organizational conflicts of interest avoidance plan.
(d) This comprehensive plan shall incorporate any previous studies performed, shall thoroughly analyze all organizational conflicts of interest that might arise because the service provider has access to other companies’ sensitive information, and shall establish specific methods to control, mitigate, or eliminate all problems identified. The contracting officer, with advice from Center counsel, shall review the plan for completeness and identify to the service provider substantive weaknesses and omissions for necessary correction. Once the service provider has corrected the substantive weaknesses and omissions, the contracting officer shall incorporate the revised plan into the contract, as a compliance document.
(e) If the service provider will be operating an information technology system for NASA that contains sensitive information, the operating contract shall include the clause at 1852.204-76, Security Requirements for Unclassified Information Technology Resources, which requires the implementation of an Information Technology Security Plan to protect information processed, stored, or transmitted from unauthorized access, alteration, disclosure, or use.
(f) NASA will monitor performance to assure any service provider that requires access to sensitive information follows the steps outlined in the clause at 1852.237-72, Access to Sensitive Information, to protect the information from unauthorized use or disclosure.
1837.203-71
Release of contractors’ sensitive information.
Pursuant to the clause at 1852.237-73, Release of Sensitive Information, offerors and contractors agree that NASA may release their sensitive information when requested by service providers in accordance with the procedures prescribed in 1837.203-70 and subject to the safeguards and protections delineated in the clause at 1852.237-72, Access to Sensitive Information. As required by the clause at 1852.237-73, or other contract clause or solicitation provision, contractors must identify information they claim to be “sensitive” submitted as part of a proposal or in the course of performing a contract. The contracting officer shall evaluate all contractor claims of sensitivity in deciding how NASA should respond to requests from service providers for access to information.
1837.203-72
NASA contract clauses.
(a) The contracting officer shall insert the clause at 1852.237-72, Access to Sensitive Information, in all solicitations and contracts for services that may require access to sensitive information belonging to other companies or generated by the Government.
(b) The contracting officer shall insert the clause at 1852.237-73, Release of Sensitive Information, in all solicitations, contracts, and basic ordering agreements.
1837.204 Guidelines
for determining availability of personnel.
(a)(i) Outside peer review evaluators may be
used to evaluate SBIR, STTR, NRA, AO, and unsolicited proposals without making
the determination of non-availability.
(ii)
For all other actions, the NASA official one level above the NASA program
official responsible for the evaluation shall make the determination, with the
concurrence of the legal office. The contracting officer shall ensure that a
copy of the determination is in the contract file prior to issuance of a
solicitation.
(b) The
official designated in paragraph (a)(ii) of this section is responsible for the
actions required in FAR 37.204(b).
(c) The
agreement shall be made by the program official responsible for the evaluation
and the contracting officer.
(e)
The Assistant Administrator for
Procurement (Code HS) is the approval authority for class determinations. The
class determination request shall include the assessment required by FAR
37.204(b).
SUBPART 1837.6--PERFORMANCE-BASED ACQUISITION
1837.601 General.
(a) A statement of objectives
(SOO) may be used on both competitive and non-competitive acquisitions. Use of a SOO on a competitive acquisition
must be approved by the Procurement Officer and supported by a description of
how the source selection process will be structured to accommodate evaluation
of offeror-unique performance work statements
submitted in response to the SOO.