Sec. 18-1.5303 Responsibilities of NASA personnel. 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 35 FR. 18803, Dec. 11, 1970, unless otherwise noted. Subpart 18-1.1-Introduction § 18-1.100 Scope of subpart. This subpart sets forth (a) introduc. tory information pertaining to chapter 18 (its purpose, applicability, content, and arrangement), and (b) instructions for amending, implementing, disseminating, and deviating from the chapter. § 18-1.101 Purpose of this chapter. This chapter, issued by the Director of Procurement under authority delegated by the Administrator, establishes for the National Aeronautics and Space Administration (NASA) uniform policies and procedures relating to the procurement of property and services under the authority of the National Aeronautics and Space Act of 1958, as amended (Public Law 85-568; 42 U.S.C. 2451 et seq.), chapter 137, title 10, of the United States Code, or other statutory authority. § 18-1.102 Applicability. This chapter applies to all purchases and contracts made by NASA, within or outside the United States, for the procurement of property or services which obligate appropriated funds, unless otherwise specified herein. § 18-1.103 Arrangement of chapter. § 18-1.103-1 General plan. This chapter is divided into parts, each one of which deals with a separate aspect of procurement; and each part is further subdivided into subparts, sections, and paragraphs. § 18-1.103-5 Dating contract clauses. Contract clauses in this chapter are identified by showing the month and year of issuance of the clause, as most recently revised, in parentheses immediately after the title, e.g., Examination of Records (October 1969). Where an alternative section is provided for insertion in a clause, the identifying date is shown in parentheses immediately following the text of the section. In contract forms using NASA PR clauses, each clause will be shown with its identifying date in the manner prescribed above, except that standard forms are not subject to this requirement. When an inconsistency exists between a contract clause published in this chapter and the same clause printed in a NASA contract form, the clause published in this chapter shall govern. When a clause to be used in a contract represents a deviation from this chapter, a date will not be shown. § 18-1.103-6 Appendices and supple ments. (a) Policies and instructions concerned with procurement which, while directive, are essentially procedural in nature, will be published as appendices to this chapter when applicable to, or required by, substantially all users of and subscribers to this chapter. Such policies and instructions will be published as supplements to this chapter when they are not applicable to, or required by, substantially all users of and subscribers to this chapter. (b) The numbering of appendices and supplements shall follow generally § 181.103-6 except (1) appendices shall be identified by a capital letter and supplements by the letter "S" followed by the number of the supplement and such identification shall be the first portion of the section number, and (2) the pages shall be numbered consecutively. § 18-1.104 Content of chapter. This chapter will contain policies and procedures relating to the procurement of property and services and is designed to achieve maximum uniformity throughout NASA. This chapter will be amended from time to time to set forth improved procedures which reduce contract preparation time, simplify and standardize contract forms, and improve the contracting process. Procurement personnel are encouraged to submit suggestions, based on operating experience, for improving and simplifying the procedures set forth in this chapter. Such suggestions should be submitted through the Procurement Officer to the Procurement Office, NASA Headquarters (Code KDP-1). § 18-1.107 Dissemination and effective date of the chapter and revisions. (a) The NASA Procurement Regulation, and Revisions thereof, will be distributed directly to NASA installations by the U.S. Government Printing Office. The number of copies of the regulation, and revisions thereof, will be distributed on the basis of the requirements furnished by each Headquarters office, and NASA field installation, to the Procurement Office, NASA Headquarters (Code KDP-1). (b) Heads of field installations will ensure that copies of the NASA Procurement Regulation are distributed to all interested activities and individuals within their installation. (c) Copies of the NASA Procurement Regulation, and Revisions thereof, may be purchased by private concerns and individuals from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. (d) Compliance with a revision to the NASA Procurement Regulation shall be permissive effective with the date of issuance thereof, and shall be mandatory effective 60 days thereafter, except (1) as may be otherwise prescribed in the revision, and (2) that procurements initiated after receipt of new or revised clauses should, to the maximum practicable extent, include such clauses prior to the mandatory date. (e) Unless otherwise stated, invitations for bids which have been issued and bilateral agreements upon which negotiations have been completed prior to the receipt of new or revised contract clauses need not be amended to include the new or revised clauses if such amendment would unduly delay the procurement action. § 18-1.108 Field installation instruc tions and implementations of the NASA Procurement Regulation. (a) Heads of NASA field installations may implement the NASA Procurement Regulation by prescribing for their installation detailed procurement operating instructions, delegations of authority, and assignment of responsibilities which they deem essential for the efficient performance of their procurement function. Such instructions shall: (1) Be consistent with the policies and procedures contained in this chapter and the NASA Procurement Regulation Directives; (2) To the extent practicable, follow the format, arrangement, and numbering system of this chapter; (3) Contain no material which duplicates, paraphrases, or is inconsistent with the contents of this chapter. (b) The head of each NASA installation shall furnish the Procurement Office, NASA Headquarters (Code KDP-1) three copies and the cognizant Institutional Director one copy of: (1) The basic publication prescribing the procurement operating instructions for his field installation; and (2) Each change, revision, or amendment to such instructions, at the time of issuance. § 18-1.109 Deviations and other procurement publications. § 18-1.109-1 Applicability. A deviation shall be considered to be any of the following: (a) When a prescribed contract clause is set forth verbatim in NASA procurement regulations, use of a contract clause or a schedule provision covering the same subject matter which varies from, or has the effect of altering, the prescribed NASA clause, or changing its application; (b) When a contract clause is set forth in NASA procurement regulations but not for use verbatim, use of a contract clause covering the same subject matter which is inconsistent with the intent, principle and substance of the NASA procurement regulation clause or related coverage of the subject matter; (c) Omission of any mandatory contract clause constitutes a deviation; (d) When a Standard, NASA, or other form is prescribed by NASA procurement regulations, use of any other form for the same purpose; (e) Alteration of a Standard or NASA form except as authorized by NASA procurement regulations; (f) When limitations are imposed by NASA procurement regulations upon the use of a contract clause, form, procedure, type of contract, or any other procurement action, the imposition of lesser or greater limitations; or (g) When a policy, procedure, method, or practice of conducting procurement actions is prescribed in NASA procurement regulations, any policy, procedure, method, or practice inconsistent therewith. § 18-1.109-2 Approval of deviations. Deviations from NASA procurement regulations will be authorized only when essential to effect necessary procurement or where special circumstances make such deviations clearly in the best interest of the Government. Such deviations |