NASA-Specific Numbered Notes

FBO Numbered Notes

The following list shows a description of NASA-specific numbered notes listed in the Federal Business Opportunities (FBO) Announcements.

A. Please advise if the requirement is considered to be a commercial or commercial-type product. A commercial item is defined as follows:

(1) Any item, other than real property, that is of a type customarily used for nongovernmental purposes and that:

(a) Has been sold, leased, or licensed to the general public, or

(b) Has been offered for sale, lease, or license to the general public;

(2) Any item that evolved from an item described in paragraph (1) of this definition through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation;

(3) Any item that would satisfy a criterion expressed in paragraphs (1)and (2) of this definition, but for--

(a) Modifications of a type customarily available in the commercial marketplace; or

(b) Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. Such modifications are considered minor if the change does not significantly alter a commercial item's function or essential physical characteristics. Minor is not defined by the specific dollar value or percentage basis of the change;

(4) Any combination of items meeting the requirements of paragraphs (1),(2), (3), or (5) of this definition that are of a type customarily combined and sold in combination to the general public;

(5) Installation services, maintenance services, repair services, training services, and other services if such services are procured for support of an item referred to in paragraphs (1), (2), (3), or (4) of this definition, and if the source of such services--

(a) Offers such services to the general public and the Federal Government contemporaneously and under similar terms and conditions; and

(b) Offers to use the same work force for providing the Federal Government with such services as the source uses for providing such services to the general public;

(6) Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market price for specific tasks performed under standard commercial terms and conditions. This does not include services that are sold based on hourly rates without a fixed catalog price for a specific service performed;

(7) Any item, combination of items, or service referred to in paragraphs (1) through (6), notwithstanding the fact that the item, combination of items, or service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor; or

(8) A nondevelopmental item, if the procuring agency determines that the item was developed exclusively at private expense and has been sold in substantial quantities, on a competitive basis, to multiple State and local governments.
You are requested to advise if you currently provide goods or services to the general public that coincide with this definition and provide literature which you believe meets or can be modified to meet the description. Further, if the requirement is considered to be commercial, provide any standard commercial terms and conditions, including any quality assurance practices that would normally apply to this requirement.

B. An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and contractors during the preaward and postaward phases of this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman is not to diminish the authority of the contracting officer, the Source Evaluation Board, or the selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Therefore, before consulting with any ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. If resolution cannot be made by the contracting officer, interested parties may contact the installation ombudsman.
Concerns, issues, disagreements, and recommendations which cannot be resolved at the installation may be referred to the NASA ombudsman. Please do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer or as specified elsewhere in this document.
The Ombudsmen for each of the NASA installations and for the agency and their phone numbers are available at the following URL: http://ec.msfc.nasa.gov/hq/library/Omb.html

A.	Please advise if the requirement is considered to be a commercial or commercial-type product. A commercial item is defined as follows:
	(1)	Any item, other than real property, that is of a type customarily used for nongovernmental purposes and that:
		(a)	Has been sold, leased, or licensed to the general public, or
		(b)	Has been offered for sale, lease, or license to the general public;
	(2)	Any item that evolved from an item described in paragraph (1) of this definition through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation;
	(3)	Any item that would satisfy a criterion expressed in paragraphs (1)and (2) of this definition, but for--
		(a)	Modifications of a type customarily available in the commercial marketplace; or
		(b)	Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. Such modifications are considered minor if the change does not significantly alter a commercial item's function or essential physical characteristics. Minor is not defined by the specific dollar value or percentage basis of the change;
	(4)	Any combination of items meeting the requirements of paragraphs (1),(2), (3), or (5) of this definition that are of a type customarily combined and sold in combination to the general public;
	(5)	Installation services, maintenance services, repair services, training services, and other services if such services are procured for support of an item referred to in paragraphs (1), (2), (3), or (4) of this definition, and if the source of such services--
		(a)	Offers such services to the general public and the Federal Government contemporaneously and under similar terms and conditions; and
		(b)	Offers to use the same work force for providing the Federal Government with such services as the source uses for providing such services to the general public;
	(6)	Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market price for specific tasks performed under standard commercial terms and conditions. This does not include services that are sold based on hourly rates without a fixed catalog price for a specific service performed;
	(7)	Any item, combination of items, or service referred to in paragraphs (1) through (6), notwithstanding the fact that the item, combination of items, or service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor; or
	(8)	A nondevelopmental item, if the procuring agency determines that the item was developed exclusively at private expense and has been sold in substantial quantities, on a competitive basis, to multiple State and local governments. You are requested to advise if you currently provide goods or services to the general public that coincide with this definition and provide literature which you believe meets or can be modified to meet the description. Further, if the requirement is considered to be commercial, provide any standard commercial terms and conditions, including any quality assurance practices that would normally apply to this requirement.
B.	An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and contractors during the preaward and postaward phases of this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman is not to diminish the authority of the contracting officer, the Source Evaluation Board, or the selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Therefore, before consulting with any ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. If resolution cannot be made by the contracting officer, interested parties may contact the installation ombudsman. Concerns, issues, disagreements, and recommendations which cannot be resolved at the installation may be referred to the NASA ombudsman. Please do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer or as specified elsewhere in this document. The Ombudsmen for each of the NASA installations and for the agency and their phone numbers are available at the following URL: http://ec.msfc.nasa.gov/hq/library/Omb.html

Curator: Wanda L. Behnke, Code 213 (Wanda.L.Behnke.1@gsfc.nasa.gov)
Last Revised: January 28, 2002

NASA Official: Michael J. Ladomirak, Code 200 (Michael.J.Ladomirak.1@gsfc.nasa.gov)