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Bids offering delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable REQUIRED delivery period specified above will be considered nonresponsive and will be rejected.

regards time of delivery. Bids offering delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable delivery period specifiled above will be considered nonresponsive and will be rejected. Where a bidder offers an earlier delivery schedule than that called for above, the Government reserves the right to award either in accordance with the required schedule or in accordance with the schedule offered by the bidder. If the bidder offers no other delivery schedule, the delivery schedule stated above shall apply.

BIDDER'S PROPOSED DELIVERY SCHEDULE

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(d) In the blank spaces entitled "Time" under the clauses set forth in pars. (b) and (c) of this section, the contracting officer shall insert one of the following phrases, as appropriate:

(1) "[On] (on or before) the date(s) specified below."

(2) "Within the number of days stated below after date of contract."

(3) "Within the number of days stated below after the date of receipt of a written notice of award."

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§ 18-1.306 Approval signature.

Approval signatures on contracts or purchase authorizations shall be minimized to the greatest practical extent and, in the event that multiple approval signatures are required, they shall, where possible, be obtained concurrently.

§ 18-1.307 Priorities, allocations and allotments.

§ 18-1.307-1 NASA program.

(a) General. In the interest of maintaining a minimum priorities and allocations system as a mobilization preparedness measure, it is national policy to require contractors to use ratings and allotment authority to support military procurement, to the extent required by the Business and Defense Services Administration (BDSA). In addition to direct procurement and construction of

the Department of Defense, the Office of Emergency Plans (formerly OCDM) has authorized BDSA to provide priorities authority for all procurement and construction programs of NASA. The Department of Defense is the claimant agency to the Office of Emergency Plans for NASA.

Department of

(b) Implementation. Defense implementation of all rules and regulations published by BDSA, with respect to which the Department of Defense is delegated administrative responsibility, is contained in the DOD Priorities and Allocations Manual. NASA implementation is published in Part 18-52 of this chapter.

(c) Operating responsibility. NASA installations shall comply with the priorities and allocations program, including the Defense Materials System, as set forth in:

(1) The DOD Priorities and Allocations Manual;

(1) Support actions taken by various personnel in the procurement cycle;

(2) Provide information for reviews conducted by the field installation concerned, the General Accounting Office, or others;

(3) Supply data for use in preparing replies to Congressional inquiries; and (4) Furnish essential facts in the event of litigation.

To the extent that retained copies of documents do not represent all actions taken, suitable memoranda or summary statements of undocumented actions should be prepared promptly and be retained in the contract file in chronological order.

(b) Each contract file shall include the following data, in the appropriate order and to the extent applicable:

(1) A copy of the procurement request;

(2) A copy of the Determination and Findings statement and justifications for (2) The rules and regulations pub- authority to negotiate (see Subpart 18lished by BDSA; and

(3) Instructions set forth in Part 1852 of this chapter.

§ 18-1.307-2 Required use of priorities, allocations, and allotments clause.

The following clause shall be inserted in or attached to all ratable contracts, except that no such clause need be attached to those purchase orders of less than $500 which are not rated. Ratable contracts are those contracts for supplies which are required to be supported with rating and allotment authority (see the DOD Priorities and Allocations Manual).

PRIORITIES, ALLOCATIONS, AND ALLOTMENTS (SEPTEMBER 1962)

The contractor shall follow the provisions of DMS Reg. 1 and all other applicable regulations and orders of the Business and Defense Services Administration in obtaining controlled materials and other products and materials needed to fill this order.

§ 18-1.308 Records of contract actions. (a) Each contract file shall contain documentation of actions taken with respect to the contract, including final disposition, sufficient to constitute a full history of the transaction which will permit ready reconstruction of all of the stages of the transaction to:

3.3 of this chapter);

(3) A copy of the procurement plan 18-3.852 of this chapter);

(see

(4) The list of sources solicited or justification for limiting such sources; (5) Any small business or labor surplus set-aside determinations;

(6) A copy of the invitation for bids or the request for proposals, including the drawings and specifications or an identifiable reference thereto;

(7) The Security Requirements Check List (DD Form 254);

(8) All bids or proposals received with an abstract thereof;

(9) The bidders' Statements of Contingent Fees;

(10) All pre-award surveys; (11) Selection of the successful contractor, including

(1) The reasons for selection;

(ii) Statement of the Source Evaluation Board (see § 18-3.856-2 of this chapter);

(iii) The contracting officer's determination of the contractor's responsibility; and

(iv) Any Small Business Administration Certificate of Competency (see § 181.705-6);

(12) All price and cost data submitted or used;

(13) A full record of negotiations, in- § 18-1.310 Liquidated damages. cluding but not limited to

(i) Participants;

(ii) Dates of meetings or phone calls; (iii) Government-furnished materials or facilities provided;

(iv) Subcontracting;

(v) Terms and conditions agreed to; (vi) Deviations, if any, from prescribed contract clauses;

(vii) Technical recommendations; and

(viii) Justification for final price; (14) Justification for type of contract used (see § 18-3.304 of this chapter);

(15) Any exceptions or exemptions from the Buy American Act or Appropriation Act restrictions (see Part 18-6 of this chapter);

(16) A copy of the contract or award; (17) Required approvals of contract; (18) All pertinent correspondence; (19) Copies of all change orders, and supplements, with supporting docu

ments;

(20) Comprehensive termination data; (21) Copies of royalty reports received;

(22) Final release upon completion of the contract; and

(23) Evidence of legal review where required, and copy of comments, if any, made by legal counsel;

(24) Any additional documents considered necessary to present a complete

(a) This applies to procurement by formal advertising and procurement by negotiation. Liquidated damages provisions normally will not be utilized but may be used where both (1) the time of delivery or performance is such an important factor in the award of the contract that the Government may reason

ably expect to suffer damages if the delivery or performance is delinquent, and (2) the extent or amount of such damages would be difficult or impossible to ascertain or prove. Where a liquidated damages provision is to be used in a supply or service contract, insert the clause set forth in § 18-7.105-5 of this chapter.

(b) The rate of assessment of liquidated damages must be reasonable, considered in the light of procurement requirements on a case-by-case basis, since liquidated damages fixed without reference to probable actual damages may be held to be a penalty and therefore unenforceable.

(c) The law imposes the duty upon a party injured by another to mitigate the damages which result from such wrongful action. Therefore, where a liquidated damages provision is included in a contract and a basis for termination for default exists, appropriate action should be taken expeditiously by the Government to obtain performance by the contractor or to terminate the contract. If delivery or performance is desired after termination for default, efforts must be made to obtain either deSolicitations for information livery or performance elsewhere within or planning purposes.

résumé of the contract action.

(c) This does not apply in the case of small purchases (see § 18-3.603-2 (c) of this chapter).

§ 18-1.309

It is the general policy of NASA to solicit bids, proposals, or quotations only when there is a definite intention to award a contract. However, in some cases solicitation for information or planning purposes may be justified. Requests for quotations (Standard Form 18) will be used for this purpose. In such cases, the request for quotations shall clearly state its purposes, explaining that the Gevornment does not intend to award a contract on the basis of the request or otherwise pay for the information solicited. The foregoing does not prohibit the allowance, in accordance with § 18-15.205-3 of this chapter, of the cost of preparing such quotations.

a reasonable time. For these reasons, particularly close administration over contracts containing liquidated damages provisions is imperative.

(d) When any contract includes a provision for liquidated damages for delay, the Comptroller General, on the recommendation of the Administrator, NASA, is authorized and empowered to remit the whole or any part of such damages as he may consider to be just and equitable. Recommendations concerning remissions of liquidated damages will be forwarded by the contracting officer, with appropriate documentation, via the Director of the field installation to the Director of Procurement for submission to the Administrator.

§ 18-1.311

Construction contracts-disclosure of Government estimate. (a) Except as provided in paragraph (c) of this section, in contracting for construction, access to or disclosure of information concerning the Government estimate shall be limited to Government personnel whose official duties require knowledge of the estimate.

(b) If the nature of the information contained in the Government estimate requires security classification, it shall be handled in accordance with applicable security regulations.

(c) When the nature of the informa

tion contained in the Government estimate does not require security classification, access to or disclosure of information concerning the Government estimate shall be furnished in accordance with the following:

(1) If the procurement is to be made by means of formal advertising, a copy of the Government estimate shall be sealed and kept locked with the bids until bid opening. Immediately after the bids have been opened, read, and recorded, the estimate shall be opened, read, and recorded in the same manner as the bids.

(2) In the case of a negotiated procurement, after the award has been made, the Government estimate may be furnished to individuals or firms upon their request.

§ 18-1.312 Voluntary refunds.

(a) A voluntary refund is an unconditional payment or credit not required by any contract or other obligation made to the Government by a contractor or subcontractor either as a voluntary payment or as an adjustment under one or more contracts or subcontracts. Con

tracting officers and other authorized officials shall accept any voluntary refund

which is offered. Prime contractors are encouraged to make voluntary refunds and to facilitate the making of such refunds by subcontractors.

notified and the necessary supplementary contractual action will be taken to permit collection as an appropriation refund. Where the proper account cannot be identified, the refund will be transferred to the miscellaneous receipt account in accordance with current fiscal procedures.

§ 18-1.314 Contracting officer's deci sion under the disputes clause.

When a final decision of the contracting officer involves a dispute that is subject to the procedure of the Disputes clause, or where there is doubt as to whether the decision is subject to such

procedure, a paragraph substantially as follows shall be included in such decision:

This is the final decision of the Contracting Officer on the question involved in this dispute. Decisions on disputed questions of fact and on other questions that are subject to the procedure of the Disputes clause may be appealed in accordance with the provisions of the Disputes clause. If you decide to make such an appeal from this decision, written notice thereof (in triplicate) must be mailed or otherwise furnished to the Contracting Officer within thirty days from the date you receive this decision. Such notice should indicate that an appeal is intended and should reference this decision and identify the contract by number. The NASA Board of Contract Appeals is the authorized representative of the Administrator for hearing and determining such disputes. The rules of the NASA Board of Contract Appeals are set forth in Part 18-54 of the NASA Procurement Regulation.

§ 18-1.315 Security requirements.

When NASA contractors or their employees require access to classified information, or originate classified information, at any stage in the performance of NASA contracts, the NASA installation shall follow the security procedures set forth in NASA Management Instruction 24-3-1.

(b) Voluntary refunds by a contractor § 18-1.316 Disclosure of contractor per

or subcontractor should be made by check payable to the Treasurer of the United States. It is preferred that such checks be submitted to the cognizant contracting officer. In any event, the check shall immediately be forwarded by its recipient to the appropriate fiscal office. When the proper account has been determined, the cognizant contracting officer shall be so

formance data to other government agencies and foreign governments.

(a) Subject to any applicable security requirements, NASA installations shall honor the requests of other Government agencies for readily available information relating to the performance of prime contractors. The agency requesting the information shall be advised that it will

be responsible for any further release of pertaining to the extent and effective

such information.

* (b) Requests from foreign governtments should similarly be honored. When such information is furnished to a foreign government, a copy of the request from the foreign government and the information furnished will be forwarded to the Assistant Administrator for International Programs, NASA Headquarters.

(c) If there is any question as to the propriety of divulging the information to other Government agencies or to any A foreign government for any reason, including the security aspect, the request shall be forwarded to the Director of Procurement for consideration, with an · explanation of the reasons why the release of such information is questioned. The Director of Procurement will, prior to approving the release of information, obtain the concurrence of:

(1) The General Counsel;

(2) The Assistant Administrator for International Programs, NASA Headquarters, if the request for information is from a foreign government; and

(3) The Director, Security Division, NASA Headquarters, if the information appears to involve a problem of security. § 18-1.319 Renegotiation performance reports.

The provisions of this § 18-1.319 are applicable to all controls except, (a) purchase orders made pursuant to the provisions of Subpart 18-3.6; (b) delivery orders placed under Federal Supply Schedule contracts; and (c) those contracts known to be exempt from renegotation.

§ 18-1.319-1 Renegotiation board.

Pursuant to the Renegotation Act of 1951, as amended (50 U.S.C. App. 12111233), the Renegotiation Board reviews profits of NASA contractors performing renegotiable contracts and subcontracts aggregating more than $1 million in a fiscal year in order to eliminate any excessive profits therefrom. Such review involves consideration of financial statements and other information furnished by both contractors and NASA.

§ 18-1.319-2 Renegotiation

tion for contract file.

informa

The contracting officer shall include in the file of each contract information

ness of competition obtained in the negotiation and award of the contract, the reasonableness of the prices, fees, and profits negotiated, any incentive and target formulae incorporated in the contract, the extent of risk assumed by the contractor, the contractor's efficiency in performance of the contract, and any other information which would facilitate compilation of the Renegotiation performance reports described in § 18-1.319-3. This is particularly important in the case of incentive-type contracts where the question may be raised as to whether additional profits paid to the contractor by operation of the incentive provisions have been earned. Incentive-type contract information should be complete but succinct. To insure the collection of accurate and detailed information, the aforementioned data shall be included in the contract file as soon as it becomes available. § 18-1.319-3 Performance reports.

(a) Performance reports should provide complete, accurate, and objective data to the Renegotiation Board. When the Board requests contractor performance reports, the procuring in

stallation concerned shall furnish information substantially in accordance with the following checklist, including any favorable recommendations giving due credit for better than average contract performance and any unfavorable recommendations because of unsatisfactory performance. Extensive performance data shall be accumulated on incentive-type contracts in sufficient detail so that the report will clearly show, as to the basis for payment of any increments of profit or fee provided as a part of the incentive arrangement in the contract, whether such increments were earned as the result of the contractor's performance or as the result of unreliable cost estimates or unrealistic performance targets when the incentive arrangements were negotiated.

(1) Date of report;

(2) Installation making report;

(3) Source and date of request for report;

(4) Name and address of contractor (if subsidiary or division, show name of parent company);

(5) Period covered by report;

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