Code

Description of Services W. Lease or rental, except transportation equipment. Examples:

Lease of ADP or EAM equipment. Lease of earth-moving equipment. Y. Construction (includes construction, alteration, and repair of buildings, structures, and improvements to real property, including roads, bridges, tunnels, sewers, power lines, railways, docks, levees and canals).

Z. Miscellaneous (includes services which do not fall within any of the above). § 18-1.1005-2 Codes for supplies.

The two-digit code numbers to be used for supplies are as set forth below. The numbers and descriptions used are the same as the 76 assigned commodity groups of the Federal Supply Classification system as shown in the Cataloging Handbook, H 2-1, Federal Supply Classification, Part 1, Groups and Classes. This handbook, together with Cataloging Handbooks H 2-2 (Numeric Index of Classes) and H 2-3 (Alphabetic Index), will be helpful in determining the proper code to be assigned to supply items in synopses messages. These handbooks may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., 20402.

Use of paid advertisements for procurement purposes is not currently authorized within NASA (§ 18-2.203-3 of this chapter).

§ 18-1.1050 Furnishing additional procurement information to public.

(a) In addition to publicizing procurements and contract awards in the Commerce Business Daily, it is NASA policy to furnish the public, upon request, through the public information office of the NASA installation receiving the request, information on specific current NASA procurements, including:

(1) The names of firms invited to submit bids or proposals;

(2) The names of firms which attended pre-proposal briefing conferences when held; and

(3) After the date established for receipt of bids or proposals, the names of firms which submitted bids or proposals.

(b) Exceptions to this policy will be permitted only when the Director of Procurement or the Director of the field installation concerned determines that the disclosure of such information would be prejudicial to the interests of NASA.

Subpart 18-1.12-Specifications,
Plans, and Drawings

The policies and procedures of 32 CFR Part 12, Subpart A, and of FPR 1-1.305 through 1-1.307, inclusive, are hereby made applicable to NASA, except that:

(a) Military specifications approved by the Department of Defense for its use, as set forth in 32 CFR 1.1202, are not mandatory for use by the National Aeronautics and Space Administration; and (b) The Defense Standardization Program, established by the Department of Defense, and referenced in 32 CFR 1.1202, is not applicable to the National Aeronautics and Space Administration

United States-Flag Air and Ocean
Carriers

§ 18-1.1400 Scope of subpart.

This Subpart sets forth NASA policy regarding the use of United States-flag services for the transocean movement of cargo for which NASA assumes the transportation costs, either directly (movement on Government bill of lading) or indirectly (FOB destination purchases).

United States-flag commercial aircraft and ocean vessels shall be used for all NASA transocean shipments when the services offered are timely, adequate, and reasonable. When United States-flag carriers operate between the air or water ports serving the origin and destination, foreign-flag carriers shall not be used without the approval of the cognizant installation Director of Administration or his designated representative. Questionable cases shall be referred to a competent transportation source to ensure that United States-flag carriers cannot meet the shipping requirements. Examples of conditions justifying the use of foreign-flag carriers include:

(a) United States-flag steamship or airline companies cannot meet the realistic deadline delivery date established for the shipment,

(b) the rates charged by United States-flag carriers are disproportionately high by comparison with those of available foreign-flag carriers; and

(c) property has been purchased FOB destination from a foreign contractor. § 18-1.1404 Procedures.

When determined by the procurement officer to be necessary to ensure proper implementation of the policy expressed be included in each contract which may in § 18-1.1402, the following clause shall involve overseas shipments.

PREFERENCE FOR UNITED STATES-FLAG AIR AND OCEAN SERVICES (SEPTEMBER 1962)

(a) After the date of this award, the Contractor shall use United States-flag services, and no others, in the overseas transportation by ocean or air if any supplies to be furnished hereunder: Provided, however, that if such services are not available for timely shipment at fair and reasonable rates, the

Contractor shall so notify the Contracting Officer and request authorization in writing to ship by foreign-flag air or ocean carriers or for designation of available United Statesflag services. The contract price shall be equitably adjusted to reflect the difference in cost to the Contractor, if any, between shipping by United States-flag services and by foreign-flag services.

(b) Copies of the bill of lading covering each shipment by foreign-flag carrier will be forwarded to the Contracting Officer immediately after the property has been shipped. § 18-1.1405 Responsibilities.

A copy of the bill of lading covering each shipment by foreign-flag carrier shall be forwarded promptly to the Director, Transportation and Logistics (Code BL), NASA Headquarters, with a brief statement justifying the use of the foreign-flag service. Blanket exceptions to this reporting requirement may be requested from NASA Headquarters for repetitive movements for which a foreign-flag service must be used.

§ 18-1.1410 None-use of foreign-flag vessels engaged in Cuban trade.

(a) Supplies owned by or procured under any contract of NASA will not be shipped from any United States port on a foreign-flag vessel which has called at a Cuban port on or after January 1, 1963, unless the Secretary of Commerce has made an exception applicable to such vessel.

Puerto Rico, possessions of the United States, and the District of Columbia.

(c) The Contractor shall include the substance of this clause, including this paragraph (c), in each subcontract or purchase order hereunder which may involve ocean transportation from the United States.

Subpart 18-1.16-Novation
Agreements

§ 18-1.1600 Scope of subpart.

This subpart prescribes the policy and procedures for (a) recognition of a successor in interest to Government contracts when such interests are acquired incidental to a transfer of all the assets of a contractor or the part of his assets involved in the performance of the contracts, (b) a change of name of a contractor, and (c) single installation execution of novation agreements affecting more than one installation.

§ 18-1.1601 Definition.

For the purposes of this subpart, the following definition applies. A novation agreement is a contractual amendment by which the Government recognizes a successor in interest to a Government contract or a change of name of a contractor. The successor in interest assumes all the obligations under the contract and the transferor guarantees the performance of the contract by the transferee. Where only a change of name is made the rights and obligations of the parties remain unaffected.

NON-USE OF FOREIGN-FLAG VESSELS ENGAGED IN CUBAN TRADE (MAY 1964)

(a) If, after the date of award, any supplies to be furnished or any materials to be incorporated in such supplies or in a construction project will require ocean transportation from the United States in the performance of this contract, the Contractor shall not use any foreign-flag vessel which the Maritime Commission has listed in the FEDERAL REGISTER as having called at a Cuban port on or after 1 January 1963 unless an exception has been made by the Secretary of Commerce.

(b) For purposes of this clause, the term "United States" includes the fifty States,

successor in interest.

(a) The transfer of a Government contract is prohibited by law (41 U.S.C. 15). However, the Government may recognize a third party as the successor in interest to a Government contract when the third party's interest is incidental to the transfer of all the assets of the contractor, or all of that part of the contractor's assets involved in the performance of the contract. Examples include, but are not limited to:

(1) Sale of such assets;

(2) Transfer of such assets pursuant to merger or consolidation of corporations; and

(3) Incorporation of a proprietorship or partnership.

(b) When it is consistent with the Government's interest to recognize a successor in interest to a Government contract, the designated installation shall execute an agreement with the transferor and the transferee, which shall ordinarily provide in part that: (1) The transferee assumes all the transferor's obligations under the contract;

(2) The transferor waives all rights under the contract as against the Government;

(3) The transferor guarantees performance of the contract by the transferee (a satisfactory performance bond from either the transferor or the transferee may be accepted in lieu of such guarantee); and

(4) Nothing in the agreement shall relieve the transferor or the transferee from compliance with any Federal law. A format for such an agreement for use when the transferor and transferee are corporations, and all the assets of the transferor are transferred, is set forth in § 18-1.1651-1. This format may be adapted to fit specific cases and may be used as a guide in preparing similar agreements for use in other situations.

(c) Prior to the execution of such agreement, one copy of each of the following, as applicable, shall be deposited by the contractor with the designated installation:

(1) A properly authenticated copy of the instrument by which the transfer of assets was effected, as, for example, a bill of sale, certificate of merger, indenture of transfer, or decree of court;

(2) A list of all contracts which have not been finally settled between NASA and the transferor, showing for each contract the contract number, the name and address of the installation involved, the total dollar value of the contract as amended, the type of contract, and the balance remaining unpaid;

(3) A certified copy of the resolutions of the Boards of Directors of the corporate parties authorizing the transfer of assets;

(4) A certified copy of the minutes of any stockholders' meetings of the corporate parties necessary to approve the transfer of assets;

(5) A properly authenticated copy of the certificate and articles of incorpora

tion of the transferee if such corporation was formed for the purpose of receiving the assets involved in the performance of the Government contracts;

(6) An opinion of counsel for the transferor and transferee that the transfer was properly effected in accordance with applicable law and the effective date of transfer;

(7) Evidence of the capability of the transferee to perform the contracts;

(8) Balance sheets of the transferor and the transferee as of dates immediately prior to and after the transfer of assets;

(9) Evidence of security clearance requirements; and

(10) Consent of sureties on all contracts listed under subparagraph (2) of this paragraph on which bonds were required.

§ 18-1.1603 Agreement to recognize change of name of contractor.

(a) When only a change of name is involved, so that the rights and obligations of the parties remain unaffected, an agreement between the designated installation and the contractor shall be executed effecting the amendment of all existing contracts between the parties so as to reflect the contractor's change of name. A format for such an agreement, which shall be adapted for specific cases, is set forth in § 18-1.1651-2.

(b) Prior to the execution of such agreement, one copy of each of the following shall be deposited by the contractor with the designated installation:

(1) A copy of the instrument by which the change of name was effected, authenticated by a proper official of the State having jurisdiction;

(2) An opinion of counsel for the contractor that the change of name was properly effected in accordance with applicable law; and

(3) A list of all contracts which have not been finally settled between NASA and the contractor, showing for each contract the contract number and the name and address of the installation involved.