PART 18-1-GENERAL PROVISIONS Subpart 18-1.1-Introduction Sec. 18-1.100 Scope of subpart. 18-1.101 Purpose of this chapter. 18-1.102 Applicability. 18-1.103 Arrangement of this chapter. 18-1.107 Dissemination and effective date of this chapter and revisions. 18–1.109 Deviations and other procure ment publications. 18-1.109_1 Applicability. 18–1.109-2 Approval of deviations. 18-1.1093 Requests for deviations. 18-1.110 Reports of contracts. 18-1.111 Reports of noncompetitive practices. 18-1.112 Relationship to ASPR and FPR. 18-1.113 Code of conduct. 18–1.114 Reporting of identical bids. 18–1.115 Noncollusive bids and pro posals. Subpart 18-1.2- Definition of Terms 18–1.201 Definitions. 18-1.202 Administrator. 18–1.203 Change order. 18–1.204 Construction contractor. 18–1.205 Contract modification. 18–1.206 Contracting oficer. 18-1.207 Contracts. 18–1.208 Director of procurement. 18-1.209 Executive agency. 18-1.210 Federal agency. 18-1.211 Field installation. 18–1.212 Field procurement once. 18-1.213 Government instrumentality. 18-1.214 Head of a field installation, 18-1 215 Head of the agency. 18-1.216 Includes. 18-1217 Installation. 18-1.218 Manufacturer. 18-1.219 May. 18-1.220 NASA. 18_1.221 Negotiate and negotiation. 18-1.222 Omce of procurement. 18-1.223 Possessions. 18-1.224 Procurement. 18-1.225 Procurement office. 18-1.226 Procurement officer. 18–1.227 Procuring activity and head of a procuring activity. 18-1.228 Regular dealer. 18-1.229 Service contractor. 18-1.230 Shall. 18-1.231 Small Business concern. 18-1.232 Supplemental agreement. 18-1.238 Supplies and property. 18-1.234 United States. Sec. 18-1.802 Sources of supply. 18–1.302–1 Government agencies. 18-1.302–2 Sources outside the Govern ment. 18–1.302-3 Production and research and development pools. 18–1.302-50 Contracts between NASA and Government employees. 18–1.302–51 Proposed subcontracts between NASA contractors and Gov ernment employees. 18-1.304 Selection of items involving proprietary data or other re strictive factors. 18-1.305 Time of delivery or performance. 18–1.305-1 Scope. 18-1.306-2 General. 18-1.305-3 Terms. 18–1.305-4 Time of delivery clauses. 18-1.306 Approval signature. 18–1.307 Priorities, allocations, and al lotments. 18-1.307-1 NASA program. 18-1.307-2 Required use of priorities, allocations, and allotments clause. 18-1.308 Records of contract actions. 18-1.309 Solicitations for information or planning purposes. 18-1.310 Liquidated damages. 18-1.311 Construction contracts-Dis closure of Government esti mate. 18-1.312 Voluntary refunds. 18-1.314 Contracting officer's decision under the disputes clause. 18-1.315 Security requirements. 18-1.316 Disclosure of contractor per formance data to other government agencies and foreign governments. 18-1.350 Nondiscrimination clause Government leases. 18-1.350-1 Policy. 18-1.350-2 Use of clause. 18-1.350-3 Lease amendments and re newals. 18-1.350 4 Invitation for bids or request for proposals involving leases. 18-1.350–5 Deviations. Subpart 18–1.5—Contingent or Other Fees 18–1.500 Scope of subpart. 18–1.502 Applicability. 18-1.503 Covenant against contingent fees clause. 18–1.504 Improper influence. 18–1.505 General principles and stand ards applicable to the cove nant. 18–1.505–1 Contingent character of the fee. 18-1.505-2 Exceptions to the prohibition of the covenant. 18-1.506-3 Bona fide employee. Subpart 18-1.3-General Policies 18-1.300 Scope of subpart. 18–1.301 Methods of procurement. Sec. 18-1.605-6 Notice of suspension. 18-1.605–50 Reporting procedures. 18-1.606 Limited debarment or suspen Sec. 18–1.505-4 Bona fide established commer cial or selling agency maintained by the contractor for the purpose of securing busi ness. 18-1.505-5 Fees for information. 18–1.506 Representation and agreement required from prospective contractors. 18–1.506-1 Interpretation of the represen tation, 18-1.507 Use of Standard Form 119. 18-1.507-1 Statement in lieu of form. 18-1.507-2 Exceptions. 18–1.507–50 Additional provision. 18–1.508 Enforcement. 18-1.508-1 Failure or refusal to furnish Standard Form 119. 18-1.508-2 Misrepresentations or violations of the covenant against con tingent fees. 18-1.509 Preservation of records. 18-1.550 Responsibility for protecting in formation contained in com pleted Standard Form 119. Subpart 18-1.6-Debarred, Ineligible, and Suspended Bidders 18-1.600 Scope of subpart and defini sion. 18-1.607 Interchange of debarment in formation. tions. nance of a list of firms or in- ble. list. 18-1.601-3 Joint consolidated list. 18-1.601-4 Protection of lists. 18–1.601-50 Authority for making determi nations. 18–1.601-51 Compliance with NASA list and joint consolidated list. 18-1.602 Limitation. 18-1.603 Grounds for listing and treat ment to be accorded listed concerns. 18-1.604 Debarment of bidders. 18-1.604-1 Authority in NASA to debar firms and individuals. 18-1.604-2 Causes for debarment. 18-1.604-3 Period and scope of debarment. 18-1.604-4 Notice of debarment. 18–1.604-50 Reporting procedures. 18-1.605 Suspension of bidders. 18-1.605-1 General. 18-1.605-2 Authority in NASA to suspend firms or individuals. 18-1.605-3 Causes for suspension. 18-1.605-4 Period and scope of suspension. 18-1.605–5 Restrictions during period of suspension. Subpart 18–1.7—Small Business Concerns 18-1.700 Scope of subpart. 18-1.701 Definitions. 18–1.701-1 Small business concern. 18-1.701-4 Manufacturing industry em ployment size standards. 18-1.702 General policy. 18-1.703 Determination of status as small business concern. 18–1.704 Small business officials. 18-1.704-1 Headquarters. 18-1.7042 Field installations. 18-1.705 Cooperation with the small business administration. 18-1.705-1 General 18–1.705-2 Small business administration representatives. 18–1.705-3 Screening of procurements. 18–1.705-4 Access to procurement infor mation. 18-1.705-5 Joint SBA-NASA small business class set-aside for construction, repair and alteration work. 18-1.705-6 Certificates of competency. 18-1.705–7 Performance of contract by small business administra tion. 18-1.706 Set-asides for small business. 18-1.706-1 General. 18-1.706-2 Review of small business ad ministration set-aside pro posals. 18-1.706-3 Withdrawal or modification of set-asides. 18-1.706-4 Reporting for department of commerce procurement syn opsis. 18–1.706–5 Total set-asides. 18-1.706-6 Partial set-asides. 18–1.706-7 Automatic dissolution of set asides. 18-1.706-8 Contract authority. 18-1.706-9 Maintenance of records. 18-1.707 Subcontracting with small business concerns. 18-1.707-1 General. 18–1.707-2 Small business subcontracting program. 18-1.707-3 Required clauses. 18-1.707-4 Responsibility for reviewing the subcontracting program. 18–1.707-5 Reports on NASA Form 524. 18–1.707-6 Subcontracting studies and sur veys. 18-1.707-7 Small business administration review of agency records. Codes for services. papers and trade journals. Furnishing additional procure ment information to public. 18-1.1050 Subpart 18–1.12—Specifications, Plans, and Drawings 18–1.1200 Application. Subpart 18-1.14-Preference or United States-Flag Air and Ocean Carriers 18-1.1400 Scope of subpart. 18-1.1402 General. 18-1.1404 Procedures. 18-1.1405 Responsibilities. Subpart 18-1.9— Responsible Prospective Contractors 18-1.900 Scope of subpart. 18-1.901 Applicability. 18-1.902 General policy. 18-1.903 Minimum standards for re sponsible prospective contrac tors. 18–1.903-1 General standards. 18-1.903-3 Ability to meet certain mini mum standards. 18-1.903-4 Affiliated concerns. 18–1.904 Determinations of responsibility and nonresponsibility. 18-1.905 Procedures for determining re sponsibility of prospective contractors. 18-1.905-1 General. 18-1.905–2 When information will be ob tained. 18-1.905-3 Sources of information. 18-1.905-4 Pre-award surveys. 18-1.905–50 Factors to be considered. 18-1.905-51 When surveys normally are not required. 18-1.905–52 Procedures for requesting pre award surveys. 18-1.905-53 Procedures for accomplishing pre-award surveys. 18-1.906 Subcontractor responsibility. 18-1.907 Disclosure of pre-award data. 18-1.950 Format of Request for Pre Award Survey (NASA Form 585) 18-1.951 Format of Financial Data Sheet (NASA Form 586) Actions 18–1.1001 General policy. 18-1.1002 Availability of invitations fo bids and requests for pro posals. 18-1.1003 Synopses of proposed procure ments. 18-1.1003-1 General. 18–1.1003–3 Synopses of subcontract op portunities. 18-1.1003-4 Responsibility of small business specialists. 18–1.1003–5 Publication of procurements of less than $10,000. 18-1.1003–6 Pre-invitation notices. 18-1.1003–7 Information regarding specifi cations, plans, and drawings. 18–1.1003–8 Time of publicizing. 18–1.1003–9 Preparation and transmittal. 18–1.1003–10 Area redevelopment administra tion. 18–1.1004 Synopses of contract awards. 18–1.1004-1 Preparation and transmittal. 18-1.1005 Classification codes. Subpart 18–1.16—Novation Agreements 18-1.1600 Scope of subpart. 18–1.1601 Definition. 18-1.1602 Agreement to recognize a suc cessor in interest. 18-1.1603 Agreement to recognize change of name of contractor. 18-1.1650 Procedures. 18–1.1651 Novation agreement formats and related NASA documents. 18–1.1651-1 Successor in interest agreement format. 18–1.1651-2 Change of name agreement format. 18–1.1651-3 Sample letter requesting issu ance of change order. 18–1.1651 4 Sample change order format. Subpart 18-1.50—Integration of Quality Requirements in NASA Procurements 18–1.5000 Scope of subpart. 18–1.5001 Policy. 18-1.5002 Classification of NASA procure ments. 18-1.5003 Responsibilities. 18–1.5004 Procedures. 18–1.5005 Technical factors. Subpart 18–1.51-Integration of Reliability Requirements Into NASA Procurements 18-1.5100 Scope of subpart. 18-1.5101 Policy. 18-1.5102 Definitions. 18-1.5103 Application. 18-1.5104 Responsibilities. 18-1.5105 Procedures. 18-1.5106 Technical factors (requests for proposals and work statements). AUTHORITY: The provisions of this part 18-1 Issued under 42 U.S.C. 2473(b) (1). SOURCE: The provisions of this part 18-1 appear at 29 F.R. 16502, Dec. 5, 1964, unless otherwise noted. 33-646 0-65-2 9 Subpart 18–1.14 Introduction Documents, United States Government Printing Office, Washington, D.C., 20402. 8 18–1.100 Scope of subpart. § 18–1.109 Deviations and other proThis subpart sets forth introductory curement publications. information pertaining to the purpose, applicability, and content of this chapter. 18-1.109–1 Applicability. $ 18-1.101 Purpose of this chapter. A deviation shall be considered to be any of the following: This chapter, issued by the Director of Procurement under authority delegated is set forth verbatim in NASA procure (a) When a prescribed contract clause by the Administrator, establishes for the ment regulations, use of a contract National Aeronautics and Space Admin clause or a schedule provision covering istration (NASA) uniform policies and the same subject matter which varies procedures relating to the procurement from, or has the effect of altering, the of property and services under the au, prescribed NASA clause, or changing its thority of the National Aeronautics and application; Space Act of 1958, as amended (Public Law 85-568; 42 U.S.C. 2451 et seq.), form is prescribed by NASA procure (b) When a Standard, NASA, or other Chapter 137, Title 10, of the United ment regulations, use of any other form States Code, or other statutory authority for the same purpose; 8 18–1.102 Applicability. (c) Alteration of a Standard or NASA This chapter applies to all purchases form except as authorized by NASA pro curement regulations; and contracts made by NASA, within or outside the United States, for the pro- NASA procurement regulations upon the (d) When limitations are imposed by curement of property or services which obligate appropriated funds, use of a contract clause, form, procedure, unless otherwise specified herein. type of contract, or any other procure ment action, the imposition of lesser or $ 18–1.103 Arrangement of chapter. greater limitations; or This chapter is divided into parts, each (e) When a policy, procedure, method one of which covers a separate aspect of or practice of conducting procurement procurement; and each part is further actions is prescribed in NASA procuresubdivided into subparts, sections, and ment regulations, any policy, procedure, paragraphs. method or practice inconsistent there with. 8 18–1.107 Dissemination and effective date of this chapter and revisions. 18–1.109–2 Approval of deviations. (a) The NASA Procurement Regula Deviations from NASA procurement tion, and Revisions thereof, will be dis- regulations will be authorized only when tributed directly to NASA installations it is essential to effect necessary proby the U.S. Government Printing Office. curement or where special circumstances The number of copies of the Regulation, make such deviations clearly in the best and Revisions thereof, will be distributed interest of the Government. Such deon the basis of the requirements fur- viations will be approved only by the nished by each Headquarters Staff Of. Director of Procurement, or his authorfice, Headquarters Program Office, and ized representative. NASA field installation, to the Office of $ 18–1.109–3 Requests for deviations. Procurement, NASA Headquarters (Code KDP). Requests for authority to deviate from (b) Heads of field installations will the provisions of this chapter and other procurement publications shall be subensure that copies of the NASA Procure mitted to the Office of Procurement ment Regulation are distributed to all (Code KDR). Such requests shall be interested NASA activities and indi- signed by the Procurement Officer of a viduals within their installation. field installation (or the Director in the (c) Copies of the NASA Procurement case of the Ileadquarters Contracts DiviRegulation, and Revisions thereof, may sion and the Grants and Research Conbe purchased by private concerns and tracts Division) or his deputy. Such individuals from the Superintendent of requests shall be submitted as far in |