NASA FAR Supplement: Proposal Adequacy Checklist, 64442-64446 [2013-25287]
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Federal Register / Vol. 78, No. 209 / Tuesday, October 29, 2013 / Proposed Rules
§ 10.6 of this part. The notice must be
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(3) Send to the Manager, National
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(e) This section implements section
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U.S.C. 3002(b).
not send a copy of this Notice pursuant
to the Congressional Review Act, 5
U.S.C. 801(a)(1)(A), because this Notice
does not have an impact on any rules of
particular applicability.
Subject: Service Rules for Advanced
Wireless Services in the 2000–2020
MHz and 2180–2200 MHz Bands,
published at 78 FR 8229 February 5,
2013, in WT Docket Nos. 12–70, 04–356
and ET Docket No. 10–142; and
published pursuant to 47 CFR 1.429(e).
See also § 1.4(b)(1) of the Commission’s
rules.
Number of Petitions Filed: 1.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
Dated: October 21, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2013–25435 Filed 10–28–13; 8:45 am]
[FR Doc. 2013–25511 Filed 10–28–13; 8:45 am]
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
BILLING CODE 4312–50–P
BILLING CODE 6712–01–P
48 CFR Parts 1815 and 1852
FEDERAL COMMUNICATIONS
COMMISSION
RIN 2700–AE13
47 CFR Parts 1, 2, 25, 27, and 101
NASA FAR Supplement: Proposal
Adequacy Checklist
[WT Docket Nos. 12–70, 04–356; ET Docket
No. 10–142; Report No. 2992]
AGENCY:
Petition for Reconsideration of Action
in Rulemaking Proceeding
Federal Communications
Commission.
ACTION: Petition for reconsideration.
AGENCY:
In this document, a Petition
for Reconsideration (Petition) has been
filed in the Commission’s Rulemaking
proceeding by Donald J. Evans on behalf
of NTCH, Inc.
DATES: Oppositions to the Petition must
be filed on or before November 13, 2013.
Replies to an opposition must be filed
on or before November 25, 2013.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Matthew Pearl, Wireless
Telecommunications Bureau, phone:
(202) 418–2607 or TTY (202) 418–7233.
SUPPLEMENTARY INFORMATION: This is a
summary of Commission’s document,
Report No. 2992, released September 24,
2013. The full text of Report No. 2992
is available for viewing and copying in
Room CY–B402, 445 12th Street SW.,
Washington, DC or may be purchased
from the Commission’s copy contractor,
Best Copy and Printing, Inc. (BCPI) (1–
800–378–3160). The Commission will
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SUMMARY:
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National Aeronautics and
Space Administration.
ACTION: Proposed rule.
NASA is proposing to amend
the NASA FAR Supplement (NFS) to
incorporate a proposal adequacy
checklist for proposals in response to
solicitations that require the submission
of certified cost or pricing data.
DATES: Interested parties should submit
comments to NASA at the address
below on or before December 30, 2013
to be considered in formulation of the
final rule.
ADDRESSES: Interested parties may
submit comments, identified by RIN
number 2700–AE13 via the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Comments may also be submitted to
William Roets via email at william.roets1@NASA.gov.
FOR FURTHER INFORMATION CONTACT:
William Roets, NASA, Office of
Procurement, email: william.roets1@NASA.gov, or phone: 202–358–4483.
SUPPLEMENTARY INFORMATION:
SUMMARY:
A. Background
This proposed rule supports the
NASA Assistant Administrator for
Procurement’s ‘‘Reducing Transaction
Costs in NASA Procurements’’ initiative
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by incorporating the requirement for a
proposal adequacy checklist into the
NFS at 1815.408–70(c), and associated
solicitation provision at NFS 1852.215–
85, to ensure offerors take responsibility
for submitting thorough, accurate, and
complete proposals. The provision will
be included in solicitations that require
the submission of certified cost or
pricing data.
B. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This proposed rule is not a
significant regulatory action under
section 3(f) of Executive Order 12866.
This proposed rule is not a major rule
under 5 U.S.C. 804.
C. Regulatory Flexibility Act
NASA does not expect this proposed
rule to have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq. However, an Initial Regulatory
Flexibility Analysis has been performed
and is summarized as follows:
This proposed rule amends the NFS
to add a checklist for NASA contractors
to complete under solicitations that
require the submission of certified cost
or pricing data. This rule supports the
NASA Assistant Administrator for
Procurement’s ‘‘Reducing Transaction
Costs in NASA Procurements’’ initiative
by increasing uniformity across NASA
and minimizing local variations in this
area which will decrease proposal
preparation costs.
The objective of this proposed rule is
to ensure that offerors submit thorough,
accurate, and complete proposals. By
completing the checklist, offerors will
be able to self-validate the adequacy of
their proposals which will improve the
quality of their initial proposal
submissions. This will reduce the need
for contractors to rework their initial
proposal submissions which will save
the Government time and resources in
performing the evaluation of the
proposal.
The rule will apply to actions where
certified cost or pricing data is required.
Based on data collected in FPDS–NG for
FY2010–2012, there are on average 1162
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Federal Register / Vol. 78, No. 209 / Tuesday, October 29, 2013 / Proposed Rules
actions per year that met the criteria
where the proposal adequacy checklist
is to be utilized. On average, 462 of
those actions were with small business
concerns.
This proposed rule imposes no new
reporting requirements. The rule does
not duplicate, overlap, or conflict with
any other Federal rules. No alternatives
were identified that would meet the
objectives of the rule. Excluding the
small number of small business
concerns that may be subject to the rule
would not be in the best interest of the
small business concerns or the
Government because the proposal
adequacy checklist was created directly
from requirements already in the
Federal Acquisition Regulation. While
the checklist does not add burden, it
provides a useful tool for ensuring
proposal adequacy.
NASA invites comments from small
business concerns and other interested
parties on the expected impact of this
proposed rule on small entities. NASA
will also consider comments from small
entities concerning the existing
regulations in subparts affected by this
proposed rule in accordance with 5
U.S.C. 610. Interested parties must
submit such comments separately and
should cite 5 U.S.C. 610 and RIN
number 2700–AE13 in correspondence.
D. Paperwork Reduction Act
This proposed rule contains
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
Chapter 35). However, these changes to
the NFS do not impose additional
information collection requirements to
the paperwork burden previously
approved under OMB Control Number
9000–0013, entitled ‘‘Cost or Pricing
Data Exemption Information.’’
List of Subjects in 48 CFR 1815 and
1852
Government procurement.
William P. McNally,
Assistant Administrator for Procurement.
Accordingly, 48 CFR parts 1815 and
1852 are proposed to be amended as
follows:
PART 1815—CONTRACTING BY
NEGOTIATION ACQUISITION
1. The authority citation for part 1815
continues to read as follows:
(c) When the solicitation requires the
submission of certified cost or pricing
data, the contracting officer shall
include 1815.215–85, Proposal
Adequacy Checklist, in the solicitation
to facilitate submission of a thorough,
accurate, and complete proposal.
PART 1852—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. The authority citation for part 1852
continues to read as follows:
■
Authority: 42 U.S.C. 2473(c)(1).
4. Clause 1852.215–85 is added to
read as follows:
■
1852.215–85
Checklist.
Proposal Adequacy
As prescribed in 1815.408–70(c), use
the following provision:
PROPOSAL ADEQUACY CHECKLIST
(XX/XX)
■
Authority: 42 U.S.C. 2473(c)(1).
2. In section 1815.408–70, paragraph
(c) is added to read as follows:
■
1815.408–70 NASA solicitation provisions
and contract clauses.
*
*
*
*
*
The offeror shall complete and submit as
part of their proposal the following checklist,
providing location of requested information,
or an explanation of why the requested
information is not provided. In preparation of
the offeror’s checklist, offerors may elect to
have their prospective subcontractors use the
same or similar checklist as appropriate.
PROPOSAL ADEQUACY CHECKLIST
References
Proposal page
No.
Submission item
General Instructions
1. FAR 15.408, Table 15–2, Section I Paragraph A.
2. FAR 15.408, Table 15–2, Section I Paragraph A(7).
3. FAR 15.408, Table 15–2, Section I Paragraph A(8).
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4. FAR 15.408, Table 15–2, Section I, Paragraph C(1), FAR
2.101, ‘‘Cost or pricing data’’.
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Is there a properly completed first page of the proposal per FAR
15.408 Table 15–2 I.A or as specified in the solicitation?
Does the proposal identify the need for Government-furnished material/tooling/test equipment? Include the accountable contract number and contracting officer contact information if known.
If your organization is subject to Cost Accounting Standards (CAS),
does the proposal identify the current status of your CAS Disclosure Statement? Does the proposal identify and explain notifications of noncompliance with Cost Accounting Standards Board or
Cost Accounting Standards (CAS); any proposal inconsistencies
with your disclosed practices or applicable CAS; and inconsistencies with your established estimating and accounting principles
and procedures?
Does the proposal disclose any other known activity that could materially impact the costs?
This may include, but is not limited to, such factors as—
(1) Vendor quotations;
(2) Nonrecurring costs;
(3) Information on changes in production methods and in production or purchasing volume;
(4) Data supporting projections of business prospects and objectives and related operations costs;
(5) Unit-cost trends such as those associated with labor efficiency;
(6) Make-or-buy decisions;
(7) Estimated resources to attain business goals; and
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PROPOSAL ADEQUACY CHECKLIST—Continued
References
Proposal page
No.
Submission item
5. FAR 15.408, Table 15–2, Section I Paragraph B.
6. FAR 15.403–1(b) ........................
7. FAR 15.408, Table 15–2, Section I Paragraph C(2)(i).
8. FAR 15.408, Table 15–2, Section I Paragraph C(2)(ii).
9. FAR 15.408 Table 15–2, Section
II, Paragraph A or B.
10. FAR 15.408, Table 15–2, Section I Paragraphs D and E.
11. FAR 15.408, Table 15–2, Section I Paragraphs D and E.
12. FAR 15.408, Table 15–2, Section I Paragraph F.
13. FAR 15.408, Table 15–2, Section I Paragraph G.
(8) Information on management decisions that could have a significant bearing on costs.
Is an Index of all certified cost or pricing data and information accompanying or identified in the proposal provided and appropriately referenced?
Are there any exceptions to submission of certified cost or pricing
data pursuant to FAR 15.403–1(b)? If so, is supporting documentation included in the proposal? (Note questions 18–20.)
Does the proposal disclose the judgmental factors applied and the
mathematical or other methods used in the estimate, including
those used in projecting from known data?
Does the proposal disclose the nature and amount of any contingencies included in the proposed price?
Does the proposal explain the basis of all cost estimating relationships (labor hours or material) proposed on other than a discrete
basis?
Is there a summary of total cost by element of cost and are the elements of cost cross-referenced to the supporting cost or pricing
data? (Breakdowns for each cost element must be consistent with
your cost accounting system, including breakdown by year.)
If more than one Contract Line Item Number (CLIN) or sub Contract
Line Item Number (sub-CLIN) is proposed as required by the RFP,
are there summary total amounts covering all line items for each
element of cost and is it cross-referenced to the supporting cost or
pricing data?
Does the proposal identify any incurred costs for work performed before the submission of the proposal?
Is there a Government forward pricing rate agreement (FPRA)? If so,
the offeror shall identify the official submittal of such rate and factor data. If not, does the proposal include all rates and factors by
year that are utilized in the development of the proposal and the
basis for those rates and factors?
Cost Elements
Materials and Services
14. FAR 15.408, Table 15–2, Section II Paragraph A.
Does the proposal include a consolidated summary of individual material and services, frequently referred to as a Consolidated Bill of
Material (CBOM), to include the basis for pricing? The offeror’s
consolidated summary shall include raw materials, parts, components, assemblies, subcontracts and services to be produced or
performed by others, identifying as a minimum the item, source,
quantity, and price.
Subcontracts (Purchased materials or services)
15.
FAR
52.244–2.
15.404–3(c),
FAR
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16. FAR 15.408, Table 15–2, Note
1; Section II Paragraph A.
Per the thresholds of FAR 15.404–3(c), Subcontract Pricing Considerations, does the proposal include a copy of the applicable subcontractor’s certified cost or pricing data?
Is there a price/cost analysis establishing the reasonableness of
each of the proposed subcontracts included with the proposal?
If the offeror’s price/cost analyses are not provided with the proposal,
does the proposal include a matrix identifying dates for receipt of
subcontractor proposal, completion of fact finding for purposes of
price/cost analysis, and submission of the price/cost analysis?
Exceptions to Certified Cost or Pricing Data
17. FAR 52.215–20, FAR 2.101,
‘‘commercial item’’.
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Has the offeror submitted an exception to the submission of certified
cost or pricing data for commercial items proposed either at the
prime or subcontractor level, in accordance with provision 52.215–
20?
a. Has the offeror specifically identified the type of commercial
item claim (FAR 2.101 commercial item definition, paragraphs
(1) through (8)), and the basis on which the item meets the
definition?
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PROPOSAL ADEQUACY CHECKLIST—Continued
References
Proposal page
No.
Submission item
18. FAR 15.408, Table 15–2, Section II Paragraph A(1).
b. For modified commercial items (FAR 2.101 commercial item
definition paragraph (3)); did the offeror classify the modification(s) as either—
i. A modification of a type customarily available in the commercial marketplace (paragraph (3)(i)); or
ii. A minor modification (paragraph (3)(ii)) of a type not customarily available in the commercial marketplace made to
meet Federal Government requirements not exceeding
the thresholds in FAR 15.403–1(c)(3)(iii)(B)?
c. For proposed commercial items ‘‘of a type’’, or ‘‘evolved’’ or
modified (FAR 2.101 commercial item definition paragraphs
(1) through (3)), did the contractor provide a technical description of the differences between the proposed item and the
comparison item(s)?
Does the proposal support the degree of competition and the basis
for establishing the source and reasonableness of price for each
subcontract or purchase order priced on a competitive basis exceeding the threshold for certified cost or pricing data?
Interorganizational Transfers
19. FAR 15.408, Table 15–2, Section II Paragraph A.(2).
20. FAR 15.408, Table 15–2, Section II Paragraph A(1).
For inter-organizational transfers proposed at cost, does the proposal
include a complete cost proposal in compliance with Table 15–2?
For inter-organizational transfers proposed at price in accordance
with FAR 31.205–26(e), does the proposal provide an analysis by
the prime that supports the exception from certified cost or pricing
data in accordance with FAR 15.403–1?
Direct Labor
21. FAR 15.408, Table 15–2, Section II Paragraph B.
22. FAR 15.408, Table 15–2, Section II Paragraph B.
23. FAR subpart 22.10 ...................
Does the proposal include a time phased (i.e.; monthly, quarterly)
breakdown of labor hours, rates and costs by category or skill
level? If labor is the allocation base for indirect costs, the labor
cost must be summarized in order that the applicable overhead
rate can be applied.
For labor Basis of Estimates (BOEs), does the proposal include labor
categories, labor hours, and task descriptions, (e.g.; Statement of
Work reference, applicable CLIN, Work Breakdown Structure, rationale for estimate, applicable history, and time-phasing)?
If covered by the Service Contract Labor Standards statute (41
U.S.C. chapter 67), are the rates in the proposal in compliance
with the minimum rates specified in the statute?
Indirect Costs
24. FAR 15.408, Table 15–2, Section II Paragraph C.
Does the proposal indicate the basis of estimate for proposed indirect costs and how they are applied? (Support for the indirect
rates could consist of cost breakdowns, trends, and budgetary
data.)
Other Costs
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25. FAR 15.408, Table 15–2, Section II Paragraph D.
26. FAR 15.408, Table 15–2, Section II Paragraph E.
27. FAR 15.408, Table 15–2, Section II Paragraph F.
Does the proposal include other direct costs and the basis for pricing? If travel is included does the proposal include number of trips,
number of people, number of days per trip, locations, and rates
(e.g. airfare, per diem, hotel, car rental, etc.)?
If royalties exceed $1,500 does the proposal provide the information/
data identified by Table 15–2?
When facilities capital cost of money is proposed, does the proposal
include submission of Form CASB–CMF or reference to an FPRA/
FPRP and show the calculation of the proposed amount?
Formats for Submission of Line Item Summaries
28. FAR 15.408, Table 15–2, Section III.
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Are all cost element breakdowns provided using the applicable format prescribed in FAR 15.408, Table 15–2 III? (or alternative format if specified in the request for proposal)
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PROPOSAL ADEQUACY CHECKLIST—Continued
Proposal page
No.
References
Submission item
29. FAR 15.408, Table 15–2, Section III Paragraph B.
If not provided
explain (may
use continuation
pages traceable
to this checklist)
If the proposal is for a modification or change order, have cost of
work deleted (credits) and cost of work added (debits) been provided in the format described in FAR 15.408, Table 15–2.III.B?
For price revisions/redeterminations, does the proposal follow the
format in FAR 15.408, Table 15–2.III.C?
30. FAR 15.408, Table 15–2, Section III Paragraph C.
Other
31. FAR 16.4 ..................................
32. FAR 16.203–4 and FAR
15.408 Table 15–2, Section II,
Paragraphs A, B, C, and D.
33. FAR 52.232–28 ........................
34. FAR 15.408(n), FAR 52.215–
22, FAR 52.215–23.
If an incentive contract type, does the proposal include offeror proposed target cost, target profit or fee, share ratio, and, when applicable, minimum/maximum fee, ceiling price?
If Economic Price Adjustments are being proposed, does the proposal show the rationale and application for the economic price
adjustment?
If the offeror is proposing Performance-Based Payments did the offeror comply with FAR 52.232–28?
Excessive Pass-through Charges-Identification of Subcontract Effort:
If the offeror intends to subcontract more than 70% of the total
cost of work to be performed, does the proposal identify: (i) the
amount of the offeror’s indirect costs and profit applicable to the
work to be performed by the proposed subcontractor(s); and (ii) a
description of the added value provided by the offeror as related to
the work to be performed by the proposed subcontractor(s)?
(End of provision)
[FR Doc. 2013–25287 Filed 10–28–13; 8:45 am]
BILLING CODE 7510–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R8–ES–2013–0049;
4500030113]
50 CFR Part 17
RIN 1018–AZ33
Endangered and Threatened Wildlife
and Plants; Proposed Designation of
Critical Habitat for Diplacus
vandenbergensis (Vandenberg
Monkeyflower)
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service, propose to designate
critical habitat for Diplacus
vandenbergensis (Vandenberg
monkeyflower) under the Endangered
Species Act. If we finalize this rule as
proposed, it would extend the Act’s
protections to this species’ critical
habitat. The effect of this regulation is
to conserve Vandenberg monkeyflower’s
habitat under the Endangered Species
Act.
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SUMMARY:
We will accept comments
received or postmarked on or before
DATES:
VerDate Mar<15>2010
16:26 Oct 28, 2013
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December 30, 2013. Comments
submitted electronically using the
Federal eRulemaking Portal (see
ADDRESSES section below) must be
received by 11:59 p.m. Eastern Time on
the closing date. We must receive
requests for public hearings, in writing,
at the address shown in FOR FURTHER
INFORMATION CONTACT by December 13,
2013.
ADDRESSES: You may submit comments
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter Docket No. FWS–R8–ES–2013–
0049, which is the docket number for
this rulemaking. You may submit a
comment by clicking on ‘‘Comment
Now!’’
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–R8–ES–2013–
0049; Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, MS
2042–PDM; Arlington, VA 22203.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Information Requested section below for
more information).
FOR FURTHER INFORMATION CONTACT:
Stephen P. Henry, Acting Field
Supervisor, Ventura Fish and Wildlife
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Office, U.S. Fish and Wildlife Service,
2493 Portola Road, Suite B, Ventura,
CA, 93003; telephone 805–644–1766;
facsimile 805–644–3958. If you use a
telecommunications device for the deaf
(TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule.
Critical habitat shall be designated, to
the maximum extent prudent and
determinable, for any species
determined to be an endangered or
threatened species under the Act.
Designations and revisions of critical
habitat can only be completed by
issuing a rule. Elsewhere in today’s
Federal Register, we propose to list the
Diplacus vandenbergensis (hereafter
referred to as Vandenberg
monkeyflower) as an endangered
species under the Act. This document
consists of a proposed rule for
designation of critical habitat for
Vandenberg monkeyflower.
The basis for our action. Under the
Act, when a species is proposed for
listing, to the maximum extent prudent
and determinable, we must designate
critical habitat for the species. The
species has been proposed for listing as
endangered, and therefore, we also
propose to designate approximately
5,785 acres (ac) (2,341 hectares (ha)) of
habitat as critical habitat in Santa
Barbara County, California.
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]]>Agencies
[Federal Register Volume 78, Number 209 (Tuesday, October 29, 2013)]
[Proposed Rules]
[Pages 64442-64446]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25287]
=======================================================================
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1815 and 1852
RIN 2700-AE13
NASA FAR Supplement: Proposal Adequacy Checklist
AGENCY: National Aeronautics and Space Administration.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: NASA is proposing to amend the NASA FAR Supplement (NFS) to
incorporate a proposal adequacy checklist for proposals in response to
solicitations that require the submission of certified cost or pricing
data.
DATES: Interested parties should submit comments to NASA at the address
below on or before December 30, 2013 to be considered in formulation of
the final rule.
ADDRESSES: Interested parties may submit comments, identified by RIN
number 2700-AE13 via the Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.
Comments may also be submitted to William Roets via email at
william.roets-1@NASA.gov.
FOR FURTHER INFORMATION CONTACT: William Roets, NASA, Office of
Procurement, email: william.roets-1@NASA.gov, or phone: 202-358-4483.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule supports the NASA Assistant Administrator for
Procurement's ``Reducing Transaction Costs in NASA Procurements''
initiative by incorporating the requirement for a proposal adequacy
checklist into the NFS at 1815.408-70(c), and associated solicitation
provision at NFS 1852.215-85, to ensure offerors take responsibility
for submitting thorough, accurate, and complete proposals. The
provision will be included in solicitations that require the submission
of certified cost or pricing data.
B. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This proposed rule is not a significant regulatory action under section
3(f) of Executive Order 12866. This proposed rule is not a major rule
under 5 U.S.C. 804.
C. Regulatory Flexibility Act
NASA does not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
However, an Initial Regulatory Flexibility Analysis has been performed
and is summarized as follows:
This proposed rule amends the NFS to add a checklist for NASA
contractors to complete under solicitations that require the submission
of certified cost or pricing data. This rule supports the NASA
Assistant Administrator for Procurement's ``Reducing Transaction Costs
in NASA Procurements'' initiative by increasing uniformity across NASA
and minimizing local variations in this area which will decrease
proposal preparation costs.
The objective of this proposed rule is to ensure that offerors
submit thorough, accurate, and complete proposals. By completing the
checklist, offerors will be able to self-validate the adequacy of their
proposals which will improve the quality of their initial proposal
submissions. This will reduce the need for contractors to rework their
initial proposal submissions which will save the Government time and
resources in performing the evaluation of the proposal.
The rule will apply to actions where certified cost or pricing data
is required. Based on data collected in FPDS-NG for FY2010-2012, there
are on average 1162
[[Page 64443]]
actions per year that met the criteria where the proposal adequacy
checklist is to be utilized. On average, 462 of those actions were with
small business concerns.
This proposed rule imposes no new reporting requirements. The rule
does not duplicate, overlap, or conflict with any other Federal rules.
No alternatives were identified that would meet the objectives of the
rule. Excluding the small number of small business concerns that may be
subject to the rule would not be in the best interest of the small
business concerns or the Government because the proposal adequacy
checklist was created directly from requirements already in the Federal
Acquisition Regulation. While the checklist does not add burden, it
provides a useful tool for ensuring proposal adequacy.
NASA invites comments from small business concerns and other
interested parties on the expected impact of this proposed rule on
small entities. NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by this
proposed rule in accordance with 5 U.S.C. 610. Interested parties must
submit such comments separately and should cite 5 U.S.C. 610 and RIN
number 2700-AE13 in correspondence.
D. Paperwork Reduction Act
This proposed rule contains information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. Chapter 35). However, these
changes to the NFS do not impose additional information collection
requirements to the paperwork burden previously approved under OMB
Control Number 9000-0013, entitled ``Cost or Pricing Data Exemption
Information.''
List of Subjects in 48 CFR 1815 and 1852
Government procurement.
William P. McNally,
Assistant Administrator for Procurement.
Accordingly, 48 CFR parts 1815 and 1852 are proposed to be amended
as follows:
PART 1815--CONTRACTING BY NEGOTIATION ACQUISITION
0
1. The authority citation for part 1815 continues to read as follows:
Authority: 42 U.S.C. 2473(c)(1).
0
2. In section 1815.408-70, paragraph (c) is added to read as follows:
1815.408-70 NASA solicitation provisions and contract clauses.
* * * * *
(c) When the solicitation requires the submission of certified cost
or pricing data, the contracting officer shall include 1815.215-85,
Proposal Adequacy Checklist, in the solicitation to facilitate
submission of a thorough, accurate, and complete proposal.
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. The authority citation for part 1852 continues to read as follows:
Authority: 42 U.S.C. 2473(c)(1).
0
4. Clause 1852.215-85 is added to read as follows:
1852.215-85 Proposal Adequacy Checklist.
As prescribed in 1815.408-70(c), use the following provision:
PROPOSAL ADEQUACY CHECKLIST
(XX/XX)
The offeror shall complete and submit as part of their proposal
the following checklist, providing location of requested
information, or an explanation of why the requested information is
not provided. In preparation of the offeror's checklist, offerors
may elect to have their prospective subcontractors use the same or
similar checklist as appropriate.
Proposal Adequacy Checklist
----------------------------------------------------------------------------------------------------------------
If not provided
explain (may use
References Submission item Proposal page No. continuation pages
traceable to this
checklist)
----------------------------------------------------------------------------------------------------------------
General Instructions
----------------------------------------------------------------------------------------------------------------
1. FAR 15.408, Table 15-2, Is there a properly completed ..................... .....................
Section I Paragraph A. first page of the proposal per
FAR 15.408 Table 15-2 I.A or as
specified in the solicitation?
2. FAR 15.408, Table 15-2, Does the proposal identify the ..................... .....................
Section I Paragraph A(7). need for Government-furnished
material/tooling/test equipment?
Include the accountable contract
number and contracting officer
contact information if known.
3. FAR 15.408, Table 15-2, If your organization is subject to ..................... .....................
Section I Paragraph A(8). Cost Accounting Standards (CAS),
does the proposal identify the
current status of your CAS
Disclosure Statement? Does the
proposal identify and explain
notifications of noncompliance
with Cost Accounting Standards
Board or Cost Accounting
Standards (CAS); any proposal
inconsistencies with your
disclosed practices or applicable
CAS; and inconsistencies with
your established estimating and
accounting principles and
procedures?
4. FAR 15.408, Table 15-2, Does the proposal disclose any ..................... .....................
Section I, Paragraph C(1), other known activity that could
FAR 2.101, ``Cost or pricing materially impact the costs?
data''. This may include, but is not
limited to, such factors as--
(1) Vendor quotations;
(2) Nonrecurring costs; ..................... .....................
(3) Information on changes in ..................... .....................
production methods and in
production or purchasing
volume;
(4) Data supporting projections ..................... .....................
of business prospects and
objectives and related
operations costs;
(5) Unit-cost trends such as ..................... .....................
those associated with labor
efficiency;
(6) Make-or-buy decisions; ..................... .....................
(7) Estimated resources to ..................... .....................
attain business goals; and
[[Page 64444]]
(8) Information on management ..................... .....................
decisions that could have a
significant bearing on costs.
5. FAR 15.408, Table 15-2, Is an Index of all certified cost ..................... .....................
Section I Paragraph B. or pricing data and information
accompanying or identified in the
proposal provided and
appropriately referenced?
6. FAR 15.403-1(b)............ Are there any exceptions to ..................... .....................
submission of certified cost or
pricing data pursuant to FAR
15.403-1(b)? If so, is supporting
documentation included in the
proposal? (Note questions 18-20.)
7. FAR 15.408, Table 15-2, Does the proposal disclose the ..................... .....................
Section I Paragraph C(2)(i). judgmental factors applied and
the mathematical or other methods
used in the estimate, including
those used in projecting from
known data?
8. FAR 15.408, Table 15-2, Does the proposal disclose the ..................... .....................
Section I Paragraph C(2)(ii). nature and amount of any
contingencies included in the
proposed price?
9. FAR 15.408 Table 15-2, Does the proposal explain the ..................... .....................
Section II, Paragraph A or B. basis of all cost estimating
relationships (labor hours or
material) proposed on other than
a discrete basis?
10. FAR 15.408, Table 15-2, Is there a summary of total cost ..................... .....................
Section I Paragraphs D and E. by element of cost and are the
elements of cost cross-referenced
to the supporting cost or pricing
data? (Breakdowns for each cost
element must be consistent with
your cost accounting system,
including breakdown by year.)
11. FAR 15.408, Table 15-2, If more than one Contract Line ..................... .....................
Section I Paragraphs D and E. Item Number (CLIN) or sub
Contract Line Item Number (sub-
CLIN) is proposed as required by
the RFP, are there summary total
amounts covering all line items
for each element of cost and is
it cross-referenced to the
supporting cost or pricing data?
12. FAR 15.408, Table 15-2, Does the proposal identify any ..................... .....................
Section I Paragraph F. incurred costs for work performed
before the submission of the
proposal?
13. FAR 15.408, Table 15-2, Is there a Government forward ..................... .....................
Section I Paragraph G. pricing rate agreement (FPRA)? If
so, the offeror shall identify
the official submittal of such
rate and factor data. If not,
does the proposal include all
rates and factors by year that
are utilized in the development
of the proposal and the basis for
those rates and factors?
----------------------------------------------------------------------------------------------------------------
Cost Elements
----------------------------------------------------------------------------------------------------------------
Materials and Services
----------------------------------------------------------------------------------------------------------------
14. FAR 15.408, Table 15-2, Does the proposal include a ..................... .....................
Section II Paragraph A. consolidated summary of
individual material and services,
frequently referred to as a
Consolidated Bill of Material
(CBOM), to include the basis for
pricing? The offeror's
consolidated summary shall
include raw materials, parts,
components, assemblies,
subcontracts and services to be
produced or performed by others,
identifying as a minimum the
item, source, quantity, and
price.
----------------------------------------------------------------------------------------------------------------
Subcontracts (Purchased materials or services)
----------------------------------------------------------------------------------------------------------------
15. FAR 15.404-3(c), FAR Per the thresholds of FAR 15.404- ..................... .....................
52.244-2. 3(c), Subcontract Pricing
Considerations, does the proposal
include a copy of the applicable
subcontractor's certified cost or
pricing data?
16. FAR 15.408, Table 15-2, Is there a price/cost analysis ..................... .....................
Note 1; Section II Paragraph establishing the reasonableness
A. of each of the proposed
subcontracts included with the
proposal?
If the offeror's price/cost ..................... .....................
analyses are not provided with
the proposal, does the proposal
include a matrix identifying
dates for receipt of
subcontractor proposal,
completion of fact finding for
purposes of price/cost analysis,
and submission of the price/cost
analysis?
----------------------------------------------------------------------------------------------------------------
Exceptions to Certified Cost or Pricing Data
----------------------------------------------------------------------------------------------------------------
17. FAR 52.215-20, FAR 2.101, Has the offeror submitted an ..................... .....................
``commercial item''. exception to the submission of
certified cost or pricing data
for commercial items proposed
either at the prime or
subcontractor level, in
accordance with provision 52.215-
20?
a. Has the offeror specifically ..................... .....................
identified the type of
commercial item claim (FAR
2.101 commercial item
definition, paragraphs (1)
through (8)), and the basis on
which the item meets the
definition?
[[Page 64445]]
b. For modified commercial ..................... .....................
items (FAR 2.101 commercial
item definition paragraph
(3)); did the offeror classify
the modification(s) as either--
i. A modification of a type ..................... .....................
customarily available in the
commercial marketplace
(paragraph (3)(i)); or
ii. A minor modification ..................... .....................
(paragraph (3)(ii)) of a
type not customarily
available in the commercial
marketplace made to meet
Federal Government
requirements not exceeding
the thresholds in FAR 15.403-
1(c)(3)(iii)(B)?
c. For proposed commercial ..................... .....................
items ``of a type'', or
``evolved'' or modified (FAR
2.101 commercial item
definition paragraphs (1)
through (3)), did the
contractor provide a technical
description of the differences
between the proposed item and
the comparison item(s)?
18. FAR 15.408, Table 15-2, Does the proposal support the ..................... .....................
Section II Paragraph A(1). degree of competition and the
basis for establishing the source
and reasonableness of price for
each subcontract or purchase
order priced on a competitive
basis exceeding the threshold for
certified cost or pricing data?
----------------------------------------------------------------------------------------------------------------
Interorganizational Transfers
----------------------------------------------------------------------------------------------------------------
19. FAR 15.408, Table 15-2, For inter-organizational transfers ..................... .....................
Section II Paragraph A.(2). proposed at cost, does the
proposal include a complete cost
proposal in compliance with Table
15-2?
20. FAR 15.408, Table 15-2, For inter-organizational transfers ..................... .....................
Section II Paragraph A(1). proposed at price in accordance
with FAR 31.205-26(e), does the
proposal provide an analysis by
the prime that supports the
exception from certified cost or
pricing data in accordance with
FAR 15.403-1?
----------------------------------------------------------------------------------------------------------------
Direct Labor
----------------------------------------------------------------------------------------------------------------
21. FAR 15.408, Table 15-2, Does the proposal include a time ..................... .....................
Section II Paragraph B. phased (i.e.; monthly, quarterly)
breakdown of labor hours, rates
and costs by category or skill
level? If labor is the allocation
base for indirect costs, the
labor cost must be summarized in
order that the applicable
overhead rate can be applied.
22. FAR 15.408, Table 15-2, For labor Basis of Estimates ..................... .....................
Section II Paragraph B. (BOEs), does the proposal include
labor categories, labor hours,
and task descriptions, (e.g.;
Statement of Work reference,
applicable CLIN, Work Breakdown
Structure, rationale for
estimate, applicable history, and
time-phasing)?
23. FAR subpart 22.10......... If covered by the Service Contract ..................... .....................
Labor Standards statute (41
U.S.C. chapter 67), are the rates
in the proposal in compliance
with the minimum rates specified
in the statute?
----------------------------------------------------------------------------------------------------------------
Indirect Costs
----------------------------------------------------------------------------------------------------------------
24. FAR 15.408, Table 15-2, Does the proposal indicate the ..................... .....................
Section II Paragraph C. basis of estimate for proposed
indirect costs and how they are
applied? (Support for the
indirect rates could consist of
cost breakdowns, trends, and
budgetary data.)
----------------------------------------------------------------------------------------------------------------
Other Costs
----------------------------------------------------------------------------------------------------------------
25. FAR 15.408, Table 15-2, Does the proposal include other ..................... .....................
Section II Paragraph D. direct costs and the basis for
pricing? If travel is included
does the proposal include number
of trips, number of people,
number of days per trip,
locations, and rates (e.g.
airfare, per diem, hotel, car
rental, etc.)?
26. FAR 15.408, Table 15-2, If royalties exceed $1,500 does ..................... .....................
Section II Paragraph E. the proposal provide the
information/data identified by
Table 15-2?
27. FAR 15.408, Table 15-2, When facilities capital cost of ..................... .....................
Section II Paragraph F. money is proposed, does the
proposal include submission of
Form CASB-CMF or reference to an
FPRA/FPRP and show the
calculation of the proposed
amount?
----------------------------------------------------------------------------------------------------------------
Formats for Submission of Line Item Summaries
----------------------------------------------------------------------------------------------------------------
28. FAR 15.408, Table 15-2, Are all cost element breakdowns ..................... .....................
Section III. provided using the applicable
format prescribed in FAR 15.408,
Table 15-2 III? (or alternative
format if specified in the
request for proposal)
[[Page 64446]]
29. FAR 15.408, Table 15-2, If the proposal is for a ..................... .....................
Section III Paragraph B. modification or change order,
have cost of work deleted
(credits) and cost of work added
(debits) been provided in the
format described in FAR 15.408,
Table 15-2.III.B?
30. FAR 15.408, Table 15-2, For price revisions/ ..................... .....................
Section III Paragraph C. redeterminations, does the
proposal follow the format in FAR
15.408, Table 15-2.III.C?
----------------------------------------------------------------------------------------------------------------
Other
----------------------------------------------------------------------------------------------------------------
31. FAR 16.4.................. If an incentive contract type, ..................... .....................
does the proposal include offeror
proposed target cost, target
profit or fee, share ratio, and,
when applicable, minimum/maximum
fee, ceiling price?
32. FAR 16.203-4 and FAR If Economic Price Adjustments are ..................... .....................
15.408 Table 15-2, Section being proposed, does the proposal
II, Paragraphs A, B, C, and D. show the rationale and
application for the economic
price adjustment?
33. FAR 52.232-28............. If the offeror is proposing ..................... .....................
Performance-Based Payments did
the offeror comply with FAR
52.232-28?
34. FAR 15.408(n), FAR 52.215- Excessive Pass-through Charges- ..................... .....................
22, FAR 52.215-23. Identification of Subcontract
Effort: If the offeror intends to
subcontract more than 70% of the
total cost of work to be
performed, does the proposal
identify: (i) the amount of the
offeror's indirect costs and
profit applicable to the work to
be performed by the proposed
subcontractor(s); and (ii) a
description of the added value
provided by the offeror as
related to the work to be
performed by the proposed
subcontractor(s)?
----------------------------------------------------------------------------------------------------------------
(End of provision)
[FR Doc. 2013-25287 Filed 10-28-13; 8:45 am]
BILLING CODE 7510-01-P
