This Subpart applies to procurements from contractors located in the United States, its possessions, and the Commonwealth of Puerto Rico; and will be applied in other places except where it is inconsistent with the laws and customs of the place where the prospective contractor is located. It is not applicable to procurements from:

(a) Other governments, including State and local governments;

(b) Canadian Commercial Corporation;

(c) Other United States Government agencies or their instrumentalities (such as Federal Prison Industries, Inc.); or (d) National Industries for the Blind. § 18-1.902 General policy.

Contracts shall be awarded only to responsible prospective contractors. A responsible prospective contractor is one who meets the minimum standards set forth in § 18–1.903, and such additional standards as may be prescribed for specific procurements.

(b) Have adequate financial resources or the ability to obtain such resources as required during performance of the contract (see §§ 18-1.903-3 and 18-1.905-2, and for Small Business Administration (SBA) certificates of competency, see § 18-1.705-6);

(c) Have the necessary experience, organization, operational controls, technical qualifications, skills, and facilities, or the ability to obtain them, including the ability to subcontract effectively;

(d) Be able to comply with the required or proposed delivery or performance schedule (for SBA certificates of competency, see § 18-1.705-6);

(e) Have a satisfactory record of performance (contractors who are seriously delinquent in current contract performance, when the number of contracts and the extent of delinquencies of each are considered, shall, in the absence of evidence to the contrary or circumstances properly beyond the control of the contractor, be presumed to be unable to fulfill this requirement);

(f) Have a satisfactory record of integrity;

(g) Display a willingness to conform to the Equal Opportunity clause, or, if applicable, the Equal Opportunity in Federally Assisted Construction Contracts clause (see § 18-12.802 of this chapter); and

(h) Be otherwise qualified and eligible laws and regulations. to receive an award under applicable

§ 18-1.903-3

Ability to meet certain minimum standards.

Except to the extent that a prospective contractor proposes to perform the contract by subcontracting (see § 181.906), acceptable evidence of his ability to obtain financial resources, experience, organization, technical qualifications, skills and facilities (see § 18-1.903-1 (b) and (c)) generally shall be a commitment or explicit arrangement which will be in existence at the time the contract is to be awarded.

§ 18-1.903-4 Affiliated concerns.

Affiliated concerns (see § 18-1.701-1 (c)) shall be considered as separate entities in determining whether the one which is to perform the contract meets the applicable standards for a responsible prospective contractor.

§ 18-1.904 Determinations of responsibility and nonresponsibility.

(a) Prior to the award of a contract to any person or firm, the contracting

officer shall first determine that such person or firm is responsible within the meaning of §§ 18-1.902 and 18-1.903. The signing of the contract shall be considered to be a certification by the contracting officer that he has determined that the prospective contractor is responsible with respect to that contract. (b) When the contract is estimated to exceed $10,000 and the contracting officer considers that a statement of responsibility is advisable, the contracting officer shall prepare a written statement of the facts upon which he bases his determination of responsibility. Relevant factors for consideration in determining whether such a statement is advisable would include the value, importance, or technical aspects of the procurement, or lack of previous experience with the prospective contractor. However, when a pre-award survey is made in connection with a contract that exceeds $10,000, the contracting officer shall prepare a written statement of the facts upon which he bases his determination of responsibility. When the contracting officer prepares a statement, any supporting documents or records, including preaward surveys, SBA certificates of competency, and other information to sup

port determinations of the responsibility

of subcontractors will be attached to the

meets the minimum standards set forth in § 18-1.903 to the extent that such standards are applicable to a specific procurement.

(c) Maximum practicable use shall be made of current information on file or within the knowledge of personnel within NASA and, when practicable, within other Government agencies. Free interchange with other Government agencies of information pertinent to determinations of responsibility is encouraged. NASA installations shall develop and maintain such pertinent records and experience data as may be useful for the guidance of contracting officers and other personnel concerned. Special attention shall be paid to contractors whose past performance is questionable and new contractors whose reliability is yet unestablished. Upon the request of any NASA contracting officer, information available in such records and data shall be expeditiously furnished.

§ 18-1.905-2 When information will be obtained.

Generally, information regarding the responsibility of a prospective contractor (including, in accordance with § 181.905-4, pre-award survey information when considered necessary) shall be obtained promptly after bid opening or receipt of proposals. However, in negotiated procurements, especially those involving research and development, such information may be obtained before the issuance of requests for proposals. Notwithstanding the foregoing, information regarding financial resources and performance capability shall be obtained on as current a basis as feasible with relation to the date of contract award. § 18-1.905-3 Sources of information.

Information regarding the responsibility of prospective contractors shall be requested from the following sources before considering performance of a preaward survey:

(a) From the prospective contractorincluding representations and other information contained in or attached to bids and proposals; replies to questionnaires; financial data, such as balance sheets, profit and loss statements, cash forecasts, financial history of the contractor and affiliated concerns; current and past records of research and

development and facilities; written statements or commitments concerning financial assistance and subcontracting arrangements; and analyses of operational control procedures. When it is considered necessary by the contracting officer to prevent practices prejudicial to fair and open competition, or for other reasons, prospective contractors may be required to submit affidavits concerning their ability to meet any of the minimum standards set forth in § 18-1.903, and concerning company ownership and control.

(b) Existing information within NASA-including records on file and personal knowledge of NASA procurement and other personnel; audit agencies; offices concerned with contract financing; Consolidated List of Debarred, Ineligible, and Suspended Contractors; and experience data maintained by NASA Headquarters and field installations.

(c) Publications including credit ratings; trade and financial journals; business directories and registers; and Synopses of U.S. Government Proposed Procurements, Sales, and Contract Awards.

(d) Other sources-including suppliers, subcontractors, and customers of

Contracting

prospective contractor. officers shall limit requests for pre-award surveys to the specific items of information required to reach a conclusion as to the responsibility of the prospective contractor. The pre-award survey officer, in turn, normally will inspect only those items requested by the contracting officer. However, the pre-award officer will determine the need for expanding the limits of the survey if he finds conditions, of which the contracting officer may be unaware, which may affect the prospective contractor's ability to perform.

(c) Coordination. Pre-award surveys should be conducted by one NASA installation for another or by other Government agencies for NASA, when this will achieve economy, increase efficiency, or eliminate duplication of effort. In this regard, agreements have been entered into by NASA with the Departments of the Army (NASA Management Instruction 2-3-9), Navy (NASA Management Instruction 2-3-6), and the Air Force (NASA Management Instruction 2-3-4), relating to the performance of field service functions, including preaward surveys, in support of NASA contracts.

financial companies; commercial credit agencies; Government departments and agencies; purchasing and trade associations; better business bureaus and chambers of commerce.

§ 18-1.905-4 Pre-award surveys.

(a) General. A pre-award survey consists of an inspection of the plants and facilities with which the prospective contractor proposes to perform a contract, including personal interviews with contractor personnel. It is made at the direction of the contracting officer, generally by one or more Government specialists (hereafter referred to collec

tively as the pre-award survey officer) to provide needed responsibility informa

tion.

(b) Circumstances under which performed. Generally, pre-award surveys should be requested by the contracting officer only when other sources do not yield sufficient information to enable the contracting officer to make a determination regarding the responsibility of the

In conducting a pre-award survey of a firm, the pre-award survey officer shall consider the following factors, in accordance with the criteria stated in § 181.905-4:

(a) Organization-form of company (corporation, partnership, etc.); status of company (manufacturer, regular dealer, etc.); affiliates or parent company (business, organization, and relationship); small business status; intraorganizational assignment of functions important to the assurance of contract performance (e.g., reliability and quality assurance, purchasing and materials control, production planning control, project cost control, and research and development);

(b) Management and labor-titles, experience, and citizenship of management force; skill, competence, and adequacy of working force; company's working policy; company's labor relations; company's status as a labor surplus area concern;

(1) Familiarize himself with the terms of the invitation for bid or request for proposal;

(2) Review

information available

from other sources relative to the contractor;

(3) Physically make a survey of the plant concerned; and

the responsibility of the prospective prime contractor. It is generally the prospective contractor's function to make these determinations concerning the responsibility of the prospective subcontractors. Prospective prime contractors may be required to (a) indicate in writing the responsibility of the proposed

(b) Upon completion of the survey, the pre-award survey officer shall prepare three copies of a narrative report of survey information and conclusions. In preparing the report, the pre-award survey officer should ensure that all the information required by the contracting officer and, in each area of investigation, a definite statement as to responsibility

and capability of the contractor have been included. The reports should be brief, clear, and complete, and should not include matters other than those specifically requested by the contracting officer except as indicated in § 18-1.9054. Two copies of the report and NASA Form 586 (when required) shall be furnished to the contracting officer and one copy of each retained in the local files. § 18-1.906 Subcontractor responsibility.

an acceptable and effective purchasing and subcontracting system encompassing a method for determining subcontractor capability.

§ 18-1.907 Disclosure of pre-award data.

Data, including information obtained from a pre-award survey, leading to a prospective contractors shall not be redetermination of the responsibility of

leased outside the Government and shall not be made available for inspection by individuals, firms, or trade organizations. However, such data may be disclosed to, or summarized for, other elements within the Government on their request. Such information shall be made available to procurement personnel of NASA and other Government agencies upon request in accordance with § 18-1.905-1. connection with making a determina

In

tion of responsibility, information disclosed by such data may be discussed with the prospective contractor, as necessary.

award survey (NASA Form 585).

[ ] Limited

2. Date received (to be filled in by Pre-Award Survey Officer):

10. Brief description of the procurement:

11. Proposed time schedule for delivery of performance: