(a)
(i) Outside peer review evaluators may be used to evaluate SBIR, STTR, NRA, AO, and unsolicited proposals without making the determination of non-availability.
(ii) For all other actions, the NASA official one level above the NASA program official responsible for the evaluation shall make the determination, with the concurrence of the legal office. The contracting officer shall ensure that a copy of the determination is in the contract file prior to issuance of a solicitation.
(b) The official designated in paragraph (a)(ii) of this section is responsible for the actions required in
FAR 37.204(b).
(c) The agreement shall be made by the program official responsible for the evaluation and the contracting officer.
(e) The Assistant Administrator for Procurement (Code HS) is the approval authority for class determinations. The class determination request shall include the assessment required by
FAR 37.204(b).
