Part

25-1 General.

25-30 Contract financing.

25-50 Special authorities.

The NSF Procurement Regulations are prescribed by the Director of the National Science Foundation, pursuant to the authority of the National Science Foundation Act of 1950, as amended, 42 U.S.C. 1861-1875, title IX of the National Defense Education Act of 1958, 42 U.S.C. 1876-1879, the National Sea Grant College and Program Act of 1966, 33 U.S.C. 1121-1124, and the Federal Property and Administrative Services Act of 1949, 63 Stat. 377, as amended.

§ 25-1.104 Applicability.

Except where a deviation is specifically authorized in accordance with § 251.109 or otherwise authorized by law, the FPR and the NSFPR govern NSF procurement of personal property and of nonpersonal services. To the extent other NSF regulations affecting procurement are not inconsistent with these regulations they will remain in effect until such time as they are rescinded, lapse or are incorporated in NSFPR.

§ 25-1.105 Exclusions.

A procurement policy or procedure which bears a security classification or is expected to be in effect for less than six months or which is instituted on an experimental basis will not be included in NSFPR. Detailed instructions to NSF

The NSFPR will be published in the daily issues of the FEDERAL REGISTER and, in cumulative form in the Code of Federal Regulations. Copies of NSFPR, as published in the FEDERAL REGISTER and the Code of Federal Regulations, may be purchased by the public from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. § 25-1.106-3 Inquiries.

Inquiries regarding the NSFPR should be addressed to the Administrative Manager, National Science Foundation, Washington, D.C. 20550.

§ 25-1.107 Arrangement.

(a) The NSF Procurement Regulations employ the same numbering system and nomenclature used in the Federal Procurement Regulations and conform with FEDERAL REGISTER standards approved for the FPR.

(b) Where the NSFPR implements a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of the NSFPR will be numbered and captioned to correspond to the FPR part, subpart, section, or subsection.

(c) Where the NSFPR supplements the FPR, the numbers 50 and up will be assigned to the parts, subparts, or sections involved.

(d) Where the subject matter contained in a part, subpart, section, or subsection of the FPR requires no implementation, the NSFPR will contain no corresponding part, subpart, section, or subsection number.

§ 25-1.108 Implementation and supplementation.

The NSF Procurement Regulations "implement" and "supplement" the FPR. The meaning of these terms includes the following:

(a) Implementation may have either of the following meanings:

(1) A part, subpart, section, etc., which treats a similarly numbered portion of the FPR in greater detail or indicates the manner of compliance, including any deviations.

(2) The absence of a corresponding part, subpart, section, etc., in the NSFPR indicates that the FPR is applicable as

The term "deviation" includes any of the following actions:

(a) When a prescribed contract clause is set forth verbatim, use of a contract clause covering the same subject matter which varies from that set forth.

(b) When a standard or other form is prescribed, use of any other form for the same purpose.

(c) Alteration of a prescribed standard or other form, except as may be authorized in the regulations.

(d) The imposition of lesser or, where the regulation expressly prohibits, greater limitations than are imposed upon the use of a contract clause, form, procedure, type of contract, or upon any other procurement action, including but not limited to, the making or amendment of a contract, or actions taken in connection with the solicitation of bids or proposals, award, administrative, or settlement of contracts.

(e) When a policy or procedure is prescribed, use of any inconsistent policy or procedure.

In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the FPR and NSFPR shall be kept to a minimum and controlled as follows:

(a) In individual cases, deviations from the FPR and NSFPR may be authorized by the Deputy Director. This authority may not be redelegated.

(1) A supporting statement for each individual deviation, which indicates briefly the nature of the deviation and the reasons for such special action shall be included in the contract file.

(b) In classes of cases, requests for deviations from the FPR and NSFPR shall be forwarded to the Deputy Director and shall be accompanied by an appropriate supporting statement.

(c) If a requested deviation is considered appropriate, approval will be accomplished as follows:

(1) Where the deviation applies to an individual case, approval will be granted by memorandum addressed to the Contracting Officer. The contract file shall

The NSF legislation provides that advance, progress, or other payments which relate to scientific activities or scientific information may be made without regard to the Provisions of section 3648 Revised Statutes (31 U.S.C. 529). Advance payments may be made in any amount not exceeding the contract price, provided (a) the amount of the advance payment is based upon an analysis of the financing required by the contractor for the contract and does not exceed reasonable financial requirements between payments, and (b) such advance payment is appropriate in order to contract for the required work.

(42 U.S.C. 1861-1875, 1876-1879; 33 U.S.C. 1121-1124; 63 Stat. 37, as amended; 41 U.S.C. 201 note) [34 FR. 1440, Jan. 30, 1969]

PART 25-50-SPECIAL AUTHORITIES

Subpart 25-50.1-Additional
Authorities

§ 25-50.101 Additional authority of the National Science Foundation.

The Foundation has special authority under the National Science Foundation Act, as amended, 42 U.S.C. 1861-1875, title IX of the National Defense Education Act, 42 U.S.C. 1876-1879, and the National Sea Grant College and Program Act, 33 U.S.C. 1121-1124. For example, the Foundation has authority:

(a) To enter into and amend contracts, for the carrying on of scientific activities and science information activities, without advertising, without legal consideration and without performance or other bonds;

(b) To publish or arrange for the publication of scientific and technical information (permitting exceptions from certain Government Printing Office procedures);

(c) To prescribe, with the approval of the Comptroller General, special accounting procedures;

(d) To acquire by purchase, lease, loan, gift, or condemnation, and to hold and dispose of by grant, sale, lease, or loan, real and personal property of all kinds necessary for, or resulting from, the exercise of authority granted by the National Science Foundation Act or the National Defense Education Act.

(42 U.S.C. 1861-1875, 1876-1879; 33 U.S.C. 1121-1124; 63 Stat. 37, as amended; 41 U.S.C. 201 note) [34 F.R. 1440, Jan. 30, 1969]