Carol,

I noticed that JPL did not flow down this clause in their "Fixed Price
Research and Development" contract terms or their "Cost reimbursement
without fee for Educational Institutions" subcontracts.

http://acquisition.jpl.nasa.gov/pdf/gp/Fixed-PriceResearch&DevelopmentContract12-04.pdf

http://acquisition.jpl.nasa.gov/pdf/gp/Cost-ReimbursementwithoutFeewithEducationalInstitution12-04.pdf

I was hoping to use JPL as the basis for asking a NASA contract officer
at Goddard to remove or modify the clause.  When I spoke to Brian
Williams in JPL Acquisition, and a University Subcontracts
Administrator, this was his reply.....what do you make of it? B.
O'Malley

Barbara L. O'Malley
Senior Contract Administrator
Office of Research Administration &
Advancement
University of Maryland-College Park
3112 Lee Building
College Park, MD  20742-5141
Phone:  301-405-6276
Fax:       301-314-9569

>>> Brian Williams <xxxxxx@jpl.nasa.gov> 05/31/07 4:15 PM
>>>
Hi Barbara

I researched the above mentioned clause and as you stated is not in our
General Provisions (GPs). Although our GP's are based on the FAR, JPL's
GP's do not contain every clause thats in the FAR. Therefore, since this
clause is not in our GP's we are not incorporating it into our
subcontracts at this time.

This is not to say it won't be added at a future date, but as of now we
are not incorporating it.

I hope this helps. Let me know if you need any more information.
Thanks

Brian

>>> "xxxxxx@COGR.EDU" <xxxxxx@hrinet.org> 06/04/07 11:55 AM >>>
......
Unfortunately, the FAR Trafficking clause is a statutory requirement.
PL 109-164, Trafficking Victims Protection Reauthorization Act of 2005
[Title II, Sec 201. (b)] by removing limitations in PL 108-193
[Trafficking Victims Reauthorization Act of 2003, Sec. 3 (b)] extended
the requirements from the prior limitation to activities conducted
abroad to ALL grants, contracts, or cooperative agreements awarded by
the federal agencies.  Thus, the FAR (and DFAR) clauses.  We written,
argued, pleaded, etc., that the FAR goes well beyond the statutory
requirement and anticipate changes in the FAR.  We've urged the Grants
Policy Committee not to follow the FAR example (COGR's letters are
available online at www.cogr.edu <http://www.cogr.edu/> ).

And as for the logic of the language of the FAR - Robert, I can't
defend
it.  A contract is issued for the acquisition of supplies and/or
services including R&D; commercial services are defined at FAR 2.101
"Commercial item" as something sold competitively in substantial
quantities in the commercial marketplace...etc."

Carol

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