NASA Made in America Success Stories
Commercial Lunar Payload Services (CLPS):
The CLPS program initiative allows rapid acquisition of lunar delivery services from American companies for payloads that advance capabilities for science, exploration, or commercial development of the Moon. Investigations and demonstrations launched on these commercial Moon flights will help the agency study Earth’s nearest neighbor under the Artemis program. Most CLP contractors are domestic. The contractors were awarded Indefinite Delivery, Indefinite Quantity (IDIQ) contracts with periods of performance through November 2028.
NASA Made in America Points of Contact
Office of the Chief Financial Officer
- Margaret V. Schaus, Chief Financial Officer, Senior Accountable Official (SAO)
- Ledetria Beaudoin, Senior Financial Management Advisor
Office of Procurement
- Julia Wise, Director, Procurement Management and Policy Division
- Lakeeta Young-Hill, Deputy Director, Procurement Management and Policy Division
Policy and Regulations
Office of Management and Budget (OMB) Guidance:
OMB M 21-26, Increasing Opportunities for Domestic Sourcing and Reducing the Need for Waivers from Made In America Laws, outlines the initial steps of the Made In America Office (MIAO) in implementing EO 14005.
OMB Memo, Improving the Transparency of MIA Waivers, provides specific guidance to agencies on the use of the digital waiver portal to submit waivers to the Made In America Office.
Published in the Federal Register as a Final Rule on March 7, 2022 and is effective October 25, 2022. Implements Section 8 of Executive Order (E.O.) 14005, Ensuring the Future is Made in All of America by All of America’s Workers. The final rule amends the FAR to implement:
- A near-term increase to the domestic content threshold following a short grace period during which contractors and the workforce prepare for the increase and a schedule for future increases;
- A fallback threshold that would allow for products meeting a specific lower domestic content threshold to qualify as domestic products under certain circumstances;
- A framework for application of an enhanced evaluation factor (price preference) for a domestic product that is considered a critical item or made up of critical components.
Procurement Class Deviation (PCD) 21-04A, Class Deviation From the FAR and NFS Regarding Requirements for Nonavailability Determinations Under the Buy American Statue:
This PCD informs the contracting officers of changes to (1) the Buy American Act requirements, (2) the requirement to route nonavailability determinations through NASA Headquarters Office of Procurement, and (2) to complete the digital waiver process via MadeInAmerica.gov.
The Buy American Act (the Act) requires the acquisition of domestic end items for use in the U.S. unless the Contracting Officer (CO) determines that the price of the lowest domestic offer is unreasonable or another exception applies. This template is required to document the non-availability of a domestic end item and to obtain the appropriate concurrences and approvals prior to completing the MIAO digital waiver process.
Financial Assistance Awards
The Code of Federal Regulations (CFR) is the official legal publication which contains the codification of rules published in the Federal Register by the departments and agencies of the Federal Government. The Electronic Code of Federal Regulations (eCFR) is the online updated version of the CFR.
OMB Data Call – Domestic Content for Financial Awards:
Prior to enactment of Executive Order (E.O.) 14005, Ensuring the Future is Made in All of America by all of America’s Workers, the Office of Management and Budget (OMB) reached out to all Federal agencies that issue grants and cooperative agreements to assess what laws, regulations or directives executive branch agencies were utilizing to ensure that, “the United States Government should, whenever possible, procure goods, products, materials, and services from sources that will help American businesses compete in strategic industries and help America’s workers thrive.” The Following data was conveyed to OMB in response to their request for information:
Current Laws and Regulations:
NASA’s analysis of current laws and regulations determined that there are no Federal laws or regulations that require recipients of NASA grants or cooperative agreements to purchase equipment or supplies made or manufactured in America.
The most recent update to Title 2 of the Code of Federal Regulations (2 CFR 200) released in November 2020 did, however, include language encouraging, where appropriate and practicable, that recipients of grants and cooperative agreements consider purchasing equipment or supplies made or manufactured in America as follows:
§ 200.322 Domestic preferences for procurements.
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.
E.O. 14005 places a lot of emphasis on limiting the issuance of waivers and the instances in which waivers can be given to the Made in America statutes or regulations.
Because NASA grants and cooperative agreements are not governed by a requirement to procure equipment or supplies made or produced in America, NASA does not and cannot issue waivers.
NASA Office of Procurement (OP), Grant Policy and Compliance Branch’s (GPC) Plan to Address Made in America Executive Orders and Legislation
GPC is in the process of creating an Agency-wide Advanced Monitoring Plan, which includes oversight actions taken by NASA personnel on recipient compliance with Federal laws, regulations, and guidance and project performance. NASA personnel who conduct site visits and desk reviews will ensure recipients of grants and cooperative agreements are compliant with 2 CFR 200.322 Preference for domestic procurement, by ensuring that reference to 2 CFR 200.322 is included in the recipient’s internal policies and procedures.
Additionally, and based on the passage of the Bipartisan Infrastructure and Jobs Act and “Build America, Buy America” provision contained therein defining infrastructure to inlude “Construction and Construction Materials”, GPC will incldue language in the Grants and Cooperative Agreement Manual stating that, should congress authorize NASA to fund a construction project with a grant or cooperative agreement, the recipient must comply with the Buy America, Build America provision of the Bipartisan Infrastructure and Jobs Act.
Made In America Training and Briefings
This presentation addresses the MIAO Law specifically Executive Order 14005, the Federal Acquisition Regulation Rule, and OMB’s implementation guidance. It also provides guidance to assist with understanding NASA’s internal waiver review process.
FAC 094, Improving Transparency in the Federal Marketplace: Digital Nonavailability Waivers.
The course introduces the new digital waiver process for proposed nonavailability waivers under the Buy American Act and the role the new Made in America Office has in that process.
FAC 063, Buy American Statue.
The course explores the exceptions and trade agreements waived by the Buy American statue requirements, and the guidelines for applying the Buy American statue to the solicitation and evaluation of supplies.
In October 2022, FAI will release a new course that will replace FAC 063: Buy American Statute, which will include the new requirements along with a new web-based interactive decision tool to help acquisition workforce members navigate and apply the complex Buy American rules and procedures.
- MAX.Gov (civil servant access only)
The MIA policies advocate for domestic preferences in manufacturing to reduce the use of taxpayer dollars on foreign made purchases. These policies also ensure that waivers from the MIA laws are applied consistently across federal agencies. The MIA website provides resources to those interested in doing business with the Unites States Government.
MEP is a public-private partnership with Centers in the 50 United States and Puerto Rico dedicated to serving small and medium sized manufacturers. MEP helps to provide U.S. manufactures with access to needed resources.
Supply Chain Insight Central (SCIC):
NASA missions rely upon multitiered, interconnected and global supply chains of commercial, non-profit and government organizations to develop and operate complex, high-value and innovative systems for the nation. These supply chains are subject to a dynamic, evolving array of technical, business, economic and security risks that threaten to disrupt or deny the timely, affordable provisioning of products and services as required for mission success. It is an agency priority to build and maintain visibility into the performance, capabilities and operating conditions of suppliers providing projects and services for mission programs/projects as a basis for pro-actively assessing and managing the Space Industrial Base and Supply Chain risks to performance of the NASA mission. The SCIC is a platform that provides supply chain visibility to enable supply chain risk management across the NASA enterprise.