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The terms above represent levels or rankings of text. All of the NASA PR is contained in 41 CFR Chapter 18, which is referred to as the "Regulation." This Regulation is divided into "parts" and each part is divided into "subparts." In the CFR system, the CFR section is the basic unit of text. In the NASA PR, the paragraph is the basic unit of text.

Within the text of a NASA PR paragraph, there is not a uniform numbering system for the subdivision of text as there is for text within CFR sections. However, most NASA PR paragraphs are consistent within themselves. Users are advised, therefore, to be alert for codification variations in numbering within NASA PR paragraphs.

METHOD OF UPDATING NASA PROCUREMENT REGULATION

The regulations in these CFR volumes include the text of the 1981 NASA Procurement Regulation updated by the incorporation of amendments in NASA Procurement Regulation Directives (PRD's) through PRD 82-4. Volume III contains those PRD's which are outstanding and still in effect but which have not been incorporated. For a list of these outstanding PRD's, see the List of Uṇincorporated PRD's and Sections Affected in the Finding Aids section of each volume.

PAGINATION

Each of the three volumes is individually paginated. The page number is centered at the bottom of each page.

The following information should be of use to those users who are familiar with NASA PR replacement page technique for updating the regulations. The upper left corner (for even pages) and the upper right corner (for odd pages) contain pagination information for each section of the part. These page identifiers begin numbering anew with each part. A typical reference might be “1-2:3”. The number to the left of the dash refers to the NASA PR part. In this case, the "1" refers to "Part 1." The number to the right of the dash refers to the NASA PR subpart and the number to the right of the colon refers to the page of that NASA PR subpart. Thus, the reference "1-2:3" indicates that the user has page 3 of Subpart 2 of Part 1.

TABLE OF NASA PR PARTS AND SUBPARTS

Each volume has a complete table of contents listing of all the NASA PR parts, appendices, and supplements contained in the three volumes.

Each of the three volumes also has a table of contents listing the parts contained in that particular volume and the page where each part (or appendix) begins. This table appears on page 5 of each volume.

For this volume Gertrude E. Belton was Chief Editor. The Code of Federal Regulations publication program is under the direction of Martha B. Girard, assisted by Robert E. Jordan.

1981 Edition NASA PROCUREMENT REGULATION

PREFACE

The National Aeronautics and Space Administration Procurement Regulation (NHB 5100.2) is issued pursuant to Section 203(b)(1) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473), under authority delegated by the Administrator, National Aeronautics and Space Administration.

This 1981 Edition consists of the 1977 Edition, as changed by, previously issued Procurement Regulation Directives (PRDs) except those listed in the "List of Unincorporated PRD's and Sections Affected" appearing in the Finding Aids section of this volume. Publication of this Edition has been largely accomplished by electronic printing techniques. Where practicable, footnotes appear immediately following the paragraph in which the reference is contained.

Although the 1977 Edition has been superseded, copies should be retained to the extent that they may be useful for research and reference purposes. Existing contracts are subject to the provisions of the regulations in effect at the time of execution of the contracts.

This 1981 Edition of the NASA Procurement Regulation is effective December 31, 1981; but compliance with changed paragraphs is authorized upon receipt hereof, except for effective dates previously established by a NASA Procurement Regulation Directive or Procurement Notice.

Notes Regarding Substantive Changes

Following are substantive changes which have not been previously published. Other minor, editorial and technical changes have also been made. Substantive changes are indicated by vertical bars in the margins.

Use of Procurement Notices. Paragraphs 1.105, 1.107 and 1.108 have been revised to state that Procurement Notices (PNs) will be used to revise the NASA PR in addition to other uses as set out in 1.105. The PNs that revise the NASA PR will be published in the FEDERAL REGISTER also.

Cost Accounting Standards Board Report. Paragraph 3.1210 which required an annual report to the CASB has been deleted in accordance with Procurement Notice (PN) No. 81-3. PN No. 81-3, dated January 21, 1981, is superseded.

Procurement Under the Economy Act. Part 5, Subpart 7 is revised to clarify NASA's authority to procure under the Economy Act.

Purchases under the Trade Agreements Act. Regulatory coverage and clauses are incorporated into Part 6 which are consistent with the Trade Agreements Act of 1979, as implemented by Executive Order 12260 of December 31, 1980. PN No. 81-2 is superseded.

TABLE OF PARTS AND SUBPARTS APPEARING IN CHAPTER 18

VOLUME I

PART 1-GENERAL PROVISIONS

Subpart 1-Introduction.

Subpart 2-Definition of terms.

Subpart 3-General policies.

Subpart 4-Appointment and authority of contracting offi

cers.

Subpart 5-Contingent or other fees.

Subpart 6-Debarred, ineligible, and suspended bidders. Subpart 7-Small business and small disadvantaged busi

ness concerns.

Subpart 8-Labor surplus area concerns.

Subpart 9-Responsible prospective contractors.
Subpart 10-Publicizing procurement actions.
Subpart 11-Qualified products.

Subpart 12-Specifications, plans, and drawings.
Subpart 13-Transportation.

Subpart 14-Transportation by ocean carriers.

Subpart 15-Options.

Subpart 16-[Reserved]

Subpart 17-Value engineering in construction contracts. Subpart 18-Post-award orientation of contractors.

Subpart 19-[Reserved]

Subpart 20-Limitation of cost or funds.

Subparts 21 and 22-[Reserved]

Subpart 23-Environmental protection.

Subpart 24-[Reserved]

Subpart 25-Recovered material.
Subparts 26 through 51-[Reserved]
Subpart 52-Safety and health.

Subpart 53-[Reserved]

Subpart 54-Equipment Visibility System (EVS) requirements.

PART 2-PROCUREMENT BY FORMAL ADVERTISING

Subpart 1-Use of formal advertising.

Subpart 2-Solicitation of bids.

Subpart 3-Submission of bids.

Subpart 4-Opening of bids and award of contract.
Subpart 5-Two-step formal advertising.

PART 3-PROCUREMENT BY NEGOTIATION

Subpart 1-Use of negotiation.

Subpart 2-Circumstances permitting negotiation.
Subpart 3-Determinations and findings.

Subpart 4-Types of contracts.

Subpart 5-Solicitation of proposals and quotations.
Subpart 6-Small purchases.

Subpart 7-Negotiated overhead rates.

Subpart 8-Price negotiation policies and techniques.

Subpart 9-Make-or-buy program policies and procedures. Subpart 10-[Reserved]

Subpart 11-Acquisition of automatic data processing equipment.

Subpart 12-Cost accounting standards.

Subpart 13-Cost of money for facilities capital employed.

PART 4-SPECIAL TYPES AND METHODS OF PROCUREMENT Subpart 1-Exchange or sale of personal property. Subpart 2-Architect-engineer services.

Subparts 3 through 8-[Reserved]

Subpart 9-Unsolicited proposals.

Subpart 50-Utility services.

Subpart 51-[Reserved]

Subpart 52-Consulting services.

PART 5-INTERDEPARTMENTAL PROCUREMENT

Subpart 1-Federal supply schedule contracts.

Subpart 2-[Reserved]

Subpart 3-[Reserved]

Subpart 4-Procurement from Federal Prison Industries,
Inc.

Subpart 5-Procurement from the severely handicapped.
Subpart 6-Procurement of printing and related supplies.
Subpart 7-Procurement under the Economy Act.
Subpart 8-Procurement of utility services.

Subpart 9-Use of GSA Supply Sources by prime contractors.

Subpart 10-Procurement with military departments.

VOLUME II

PART 6-FOREIGN PURCHASES

Subpart 1-Buy American Act-supply and service contracts.

Subpart 2-Buy American Act-construction contracts.

Subpart 3-[Reserved]

Subpart 4-Purchases from certain communist areas.

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