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NASA Ball NASA
Policy
Directive
NPD 5101.32E
Effective Date: July 28, 2013
Expiration Date: July 28, 2018
COMPLIANCE IS MANDATORY
Printable Format (PDF)

(NASA Only)

Subject: Procurement, Grants, and Cooperative Agreements

Responsible Office: Office of Procurement


1. POLICY

This NASA Policy Directive (NPD) describes Agency-wide responsibility for functional management, leadership, and policy direction for Federal Acquisition Regulation(FAR)-based procurement, grants, and cooperative agreements.

2. APPLICABILITY

a. This directive is applicable to NASA Headquarters and NASA Centers, including Component Facilities and Technical and Service Support Centers. This directive applies to the Jet Propulsion Laboratory (JPL) only to the extent specified or referenced in the appropriate contract.

b. In this directive, all mandatory actions (i.e., requirements) are denoted by statements containing the term "shall." The terms: "may" or "can" denote discretionary privilege or permission, "should" denotes a good practice and is recommended, but not required, "will" denotes expected outcome, and "are/is" denotes descriptive material.

c. In this directive, all document citations are assumed to be the latest version unless otherwise noted.

3. AUTHORITY

a. National Aeronautics and Space Act, as amended, 51 U.S.C. § 20113(e).

b. Federal Grant and Cooperative Agreements Act of 1977, 31 U.S.C § 6301 et seq.

c. Service, Supply, and Procurement, 10 U.S.C § 2303 et seq.

d. Office of Federal Procurement Policy Act, as amended, 41 USC 403, et seq.


4. REFERENCES

a. Grant And Cooperative Agreement Handbook, 14 CFR 1260.

b. Defense Priorities and Allocations System 15 C.F.R. Part 700.

c. Federal Acquisition Regulation(FAR,)48 Code of Federal Regulations (C.F.R.), Chapter 1.

d. NASA FAR Supplement, 48 C.F.R., Chapter 18.


5. RESPONSIBILITY

a. The Assistant Administrator for Procurement shall provide functional management, leadership, and policy direction for FAR-based procurement, grants, and cooperative agreements.

b. The Director of the Contract Management Division (CMD) serves as:

(1) The Agency Procurement Ombudsman, except when acting as the Agency Senior Procurement Executive; and

(2) The Value Engineering Manager.


6. DELEGATION OF AUTHORITY

a. The NASA Administrator delegates to the Assistant Administrator for Procurement authority to:

(1) Enter into and take other actions for FAR-based purchases, contracts, grants, and cooperative agreements.

(2) Make determinations and decisions for FAR-based procurement, grants, and cooperative agreement matters, except those determinations and decisions required by law or regulation to be made by other authority.

(3) Develop and process all notices and regulations related to the NASA Grant and Cooperative Agreement Handbook, the NASA Grant and Cooperative Agreement regulations in Title 2, C.F.R., and the NASA FAR Supplement (NFS). Execute Federal Register Notices and supporting documents related to procurement activities.

(4) Establish contracting activities and delegate broad authority to manage the Agency's contracting functions to heads of such contracting activities in accordance with FAR 1.601. Appoint grant officers, source selection officials, contracting officers, contracting officer representatives, and other procurement officials.

(5) Exercise priorities authority on behalf of NASA in accordance with the Defense Priorities and Allocations System (15 C.F.R. Part 700), the FAR, and the NFS.

(6) Serve as the NASA member of the FAR Council.

(7) Make determinations of need for no-setoff commitments under the Assignment of Claims Act in accordance with FAR 32.803(d).

(8) Waive the applicability of Cost Accounting Standards for a contract or subcontract.

(9) Serve as the NASA Deputy Chief Acquisition Officer.

(10) Serve as the NASA Competitive Sourcing Official, with responsibility for Agency implementation of the President's Management Agenda Competitive Sourcing (including A-76) and the Federal Activities Inventory Reform (FAIR) Act.

b. The Assistant Administrator for Procurement may redelegate authority in accordance with applicable laws and regulations. These redelegations are described in the NFS or Grant Handbook, as appropriate.


7. MEASUREMENTS

The Office of Procurement will measure compliance with this directive through existing communication and reporting channels. Quality assurance reviews will ensure compliance and documentation requirements are met.


8. CANCELLATION

NPD 5101.32D, Procurement, dated April 13, 2003, revalidated March 6, 2008.



/s/ Charles F. Bolden
Administrator



ATTACHMENT A: (TEXT)

References:

A.1 Grants and Cooperative Agreements, Grants and Cooperative Agreements,14 C.F.R. Part 1260.

A.2 Grants and Cooperative Agreements, 14 C.F.R Part 1273.

A.3 Uniform Administrative Requirements for Grants And Cooperative Agreements To State And Local Governments.

A.4 Cooperative Agreements with Commercial Firms, 14 C.F.R. Part 1274.

A.5 Concerning Nondiscrimination in Federally assisted Programs, 14 C.F.R. Part 1250 through Part 1252.

A.6 Governmentwide debarment and suspension (nonprocurement) and 14 C.F.R. 1267 Governmentwide requirements for a drug-free workplace (Financial Assistance), 2 C.F.R. Part 180.

A.7 Inspector General Act of 1978, as amended, 5 U.S.C. App.§ 1—13.

A.8 OMB Circulars A-50, Audit Follow-up, OMB Circular A-102, Grants and Cooperative Agreements With State and Local Governments, OMB Circular A- 110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations, and A-133, Audits of States, Local Governments, and Non- Profit Organizations.

A.9 Merit-based award of grants for research and development, 10 USC Sec. 2374.

A.10 Office of Management and Budget Guidance for Grants and Agreements, Title 2, C.F.R., Subtitle A.

A.11 NPD 5101.33 Procurement Advocay Programs.

A.12 NPD 5000.2, Small Business Subcontracting Goals.

A.13 NPD 5101.1, Requirements for Legal Review of Procurement Matters.

A.14 NPD 9070.2, Government Charge Cards.

(URL for Graphic)

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