NASA Seeks Comments on New Term, Condition for Obtaining Quotes
When it comes to words of wisdom, sometimes the best advice can come from the strangest of places. Consider Yoda, who simply advised, “Do or do not. There is no try.” The National Aeronautics and Space Administration (NASA) is taking a portion of that saying ― the “Do” part ― and considering applying that to a new grants terms and conditions requirement related to contracting with small and minority businesses, women’s business enterprises and labor surplus area firms.
The uniform guidance, in §200.321, states that nonfederal entities must “take all necessary affirmative steps” to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used “when possible.” NASA essentially is taking this provision further and seeks to add a new term and condition that requires recipients of NASA financial assistance to obtain a quotation from small and/or minority businesses, women’s business enterprises or labor surplus area firms ― essentially for all contracts. It currently is requesting public comment through March 25 on its proposal to add this term and condition.
The proposal stems from President Biden’s issuance of Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, which outlines a comprehensive approach to advancing equity for all, including people of color and others who have been historically underserved, marginalized and adversely affected by persistent poverty and inequality.
NASA has reviewed its grants management policies and procedures and has identified a few actions that it can take to reduce these barriers, including a proposal to add a new term and condition requiring recipients of NASA financial assistance to obtain at least one quotation from small and/or minority businesses, women’s business enterprises or labor surplus area firms when the acquisition of goods or services exceeds the simplified acquisition threshold. If a recipient cannot obtain at least one quote from a small and/or minority business, women’s business enterprise or labor surplus area firm, a written justification indicating why this was not possible must be maintained in the recipient’s records. In short, don’t try to obtain a quote from these businesses, do!
Barring any comments in opposition to the proposal, NASA will make the proposed term final and implement it in a revision to the NASA Grant and Cooperative Agreement Manual, and the term would be effective 30 days after it becomes final. Comments can be addressed to National Aeronautics and Space Administration Headquarters, 300 E. St. SW, Room 6O87, Washington, DC 20546, or sent through http://www.regulations.gov.
