[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]



48 CFR Parts 1807 and 1819

Contract Bundling

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Final rule.


SUMMARY: This is a final rule amending the NASA FAR Supplement (NFS) to 
provide guidance on internal NASA procedures for justifying contract 

EFFECTIVE DATE: August 1, 2000.

Procurement, Contract Management Division (Code HK), (202) 358-0478.


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).


    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 

    3. Table 1807-1 is revised to read as follows:

                                                  Table 1807-1
                                           MASTER BUY PLAN PROCEDURES
Line Item                             FY________________________________    Page 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

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.


1819.202-170  [Removed]

    4. Section 1819.202-170 is removed.
[FR Doc. 00-19270 Filed 7-31-00; 8:45 am]