"Contracts" means all types of agreements and orders for the procurement of supplies or services. It includes awards and notices of award; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job orders, task orders, or task letters thereunder; letter contracts; and purchase orders. It also includes supplemental agreements with respect to any of the foregoing.

§ 18-1.208 Director of procurement.

"Director of Procurement" means the Director of the Procurement Office (Code KD), Office of Industry Affairs, NASA Headquarters.

"Executive agency" means any executive department or any independent establishment in the Executive Branch of the Government, including any wholly owned Government corporation, the National Aeronautics and Space Administration, and the Departments of the Army, Navy, and Air Force.

§ 18-1.210 Federal agency.

"Federal agency" means any executive agency or any establishment in the Legislative or Judicial Branches of the Government (except the Senate, the House of Representatives, and the architect of the Capitol and any activities under his direction).

§ 18-1.211 Field installation.

"Field installation" means Ames Research Center, Electronics Research Center, Flight Research Center, Goddard Space Flight Center, John F. Kennedy Space Center, Langley Research Center, Lewis Research Center, Manned Spacecraft Center, George C. Marshall Space Flight Center, NASA Pasadena Office, Wallops Station, and any other field installation hereafter established by NASA. § 18-1.212 Field procurement office.

"Field procurement office" means any NASA procurement office other than procurement offices at NASA Headquarters.

§ 18-1.213 Government instrumentality. "Government instrumentality" means any of the following:

(a) An instrumentality of the U.S. Government;

(b) An agency or instrumentality of a State or local government, possession, or Puerto Rico;

(c) An agency or instrumentality of a foreign government.

§ 18-1.214 Head of a field installation. "Head of a field installation" means the Director of a field installation.

§ 18-1.215 Head of the agency.

"Head of the agency" means the Administrator or Deputy Administrator of NASA.

(a) Who owns, operates, or maintains a factory or establishment that produces on the premises the materials, articles, or equipment required under the contract and of the general character described by the specifications; or

(b) Who, if newly entering into a manufacturing activity, has made all necessary prior arrangements for manufacturing space, equipment, and personnel to perform the manufacturing operations required for contract performance; and

(c) Who, before being awarded a contract, satisfies the contracting officer that he qualified under paragraphs (a) or (b) of this section.

contracts, refer to making purchases and contracts without formal advertising.

§ 18-1.222 Office of Procurement.

"Office of Procurement" means the Procurement Office (Code KD), Office of Industry Affairs, NASA Headquarters. § 18-1.223 Possessions.

"Possessions" in a geographic sense includes the Virgin Islands, the Canal Zone, Swan Islands, Guantanamo Bay, Johnston Islands, American Samoa, Guam, Wake Island, Midway Island, and the guano islands but does not include Puerto Rico, leased bases, occupied Japanese islands, or trust territories.

§ 18-1.224 Procurement.

"Procurement" includes purchasing, renting, leasing, or otherwise obtaining supplies or services. It also includes all functions that pertain to the obtaining of supplies and services, including description but not determination of requirements, selection, and solicitation of sources, preparation and award of contract, and all phases of contract administration.

§ 18-1.225 Procurement office.

"Procurement office" means the offices at NASA Headquarters and NASA field installations charged with the responsibility for making and administering purchases and contracts.

§ 18-1.226 Procurement officer.

"Procurement officer" means the Head of a procurement office.

§ 18-1.228 Regular dealer.

"Regular dealer" means a person (or firm):

(a) Who owns, operates, or maintains a store, warehouse, or other establishment in which materials, articles, or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and sold to the public in the usual course of business; or

(b) In the case of articles of particular kinds (lumber and timber products, coal, machine tools, raw cotton, petroleum, green coffee, tea, agricultural liming materials, or hay, grain, feed, or straw), who satisfies the requirements of the Regulations of the Secretary of Labor (41 CFR 201.101 (b) and 201.603 (f) under the Walsh-Healey Public Contracts Act; and

(c) Who, before being awarded a contract, satisfies the contracting officer that he is engaged in an established regular business, meeting all the criteria of paragraph (a) or (b) of this section.

It is not enough in the case of a regular dealer to show only that arrangements have been made to set up such a business. Before an award can be made, the dealer must show that he is an established going business regularly dealing in the particular articles, or articles of the general character sought by the Government.

§ 18-1.229 Service contractor.

"Service contractor" means a person (or firm) who, before being awarded a contract, satisfies the contracting officer that he qualifies as one:

(a) Who owns, operates, or maintains a place of business regularly engaged in performing nonpersonal services, such as the repair, maintenance, or rebuilding of personal property; the packing, crating, or moving of material; the operation of equipment or facilities; the rental of equipment or facilities; or the performance of administrative, professional, or technical functions; or

(b) Who, if newly entering into a service activity, has made all necessary prior arrangements for personnel, service equipment, and required licenses to perform services.

§ 18-1.230 Shall.
"Shall" is imperative.
§ 18-1.231

Small business concern.

See § 18-1.701-1.

§ 18-1.232 Supplemental agreement.

"Supplemental agreement" means any contract modification which is accomplished by the mutual action of the parties.

§ 18-1.233 Supplies and property.

(a) "Supplies" or "property" means al property except land or interests in land. It includes public works, buildings, and facilities; aircraft, missiles, satellites, and other aeronautical and space vehicles, together with related equipment, devices, components, and parts; machine tools; and the alteration or installation of any of the foregoing. "Supplies" as used in this chapter is synonymous with "property" as described in 10 U.S.C. 2303(b).

(b) The terms "supplies" and "property" are used interchangeably in this chapter unless otherwise specifically provided. These terms as used in this chapter have the same meaning as the term "supplies" used in ASPR. The terms "personal property and nonpersonal services" as used in the FPR have the same meaning as “supplies and services" or "property and services" used herein. § 18-1.234 United States.

"United States," when used in a geographic sense, means the 50 States and the District of Columbia.

Subpart 18-1.3-General Policies

§ 18-1.300 Scope of subpart.

This subpart sets forth general policies with respect to the procurement of supplies and services by formal advertising and by negotiation.

§ 18-1.301

Methods of procurement.

(a) Competition. All procurements, whether by formal advertising or by negotiation, shall be made on a competitive basis to the maximum practicable extent.

(b) Formal advertising. Procurements shall be made by formal advertising in all cases in which the use of such method is feasible and practicable under the existing conditions and circumstances. Procurement by formal advertising shall be effected in accordance with Part 18-2 of this chapter.

(c) Negotiation. If the use of formal advertising is not feasible and practicable, procurements may be negotiated in accordance with Part 18-3 of this chapter.

§ 18-1.302 Sources of supply.
§ 18-1.302-1 Government agencies.

Prior to taking procurement action, in accordance with this chapter, installations shall ensure that they comply with applicable laws and regulations relative to obtaining supplies or services from Government sources and from contracts of other Government agencies. To the extent practicable, supplies shall be obtained from surplus property in the hands of disposal agencies and surplus or excess stocks in the hands of any Government agency. Releasable industrial equipment which is available from the Department of Defense reserves should be utilized to the extent feasible (see Subpart 18-13.50).

§ 18-1.302-2 Sources outside the Gov

ernment.

Irrespective of whether the procurement of supplies or services from sources outside the Government is to be effected by formal advertising or by negotiation, competitive proposals ("bids" in the case of procurement by formal advertising, "proposals" in the case of procurement by negotiation) shall be solicited from all such qualified sources deemed necessary by the contracting officer to assure full and free competition consistent with the procurement of the types of supplies and services necessary to meet NASA's requirements.

§ 18-1.302-3 Production and research and development pools.

(a) Description. A production or research and development pool is a group of concerns (1) who have associated together for the purpose of obtaining and performing jointly, or in conjunction with each other, contracts for supplies or services or for research and development for defense use, or to effectuate the purposes of the Small Business Act; (2) who have entered into a pool agreement governing their organization, relationship, and procedure; and (3) whose agreement has been approved either in accordance with section 708 of the Defense Production Act of 1950, as amended (Defense Production Pool), 50 U.S.C. App. 2158, or in accordance with section 9(d) or 11, of the Small Business Act, 15 U.S.C. 631-647 (Small Business Pools). Pool participants are exempt from the "manufacturer or regular dealer" requirement of the Walsh-Healey Public Contracts Act (see Subpart 18-12.6), of this chapter.

(b) General rule. Except as provided in this section, a pool shall be treated for purposes of Government procurement on exactly the same basis as any other prospective or actual contractor.

(c) Ascertainment of status. The contracting officer is responsible for ascertaining whether a group of firms seeking to do business with the Government is a pool. In ascertaining the status of a group representing itself as a pool, contracting officers may rely on a copy of the Small Business Administration (SBA) or Office of Emergency Plans (OEP) (formerly OCDM) notification of approval of the pool. If the contracting officer has any questions as to whether a given pool has been approved, he shall consult the regional office of the SBA.

The Director of Procurement will expeditiously disseminate to field installations information received from SBA or OEP concerning the approval of production and research and development pools. In any case where the award of a contract to a group representing itself as a production or research and development pool is contemplated, and the contracting officer does not have data available as to the status of the pool, the group shall be requested to furnish to the contracting officer the following:

(1) A copy of the SBA or OEP notification of approval of the pool; and

(2) A list of the member companies of the pool and a statement regarding the type of organization and plan of operation of the pool.

(d) Contracting with pools. (1) A bid or proposal of a pool is not eligible for award to the pool unless submitted either by the pool in its own name or by an individual member expressly disclosing that it is on behalf of the pool. Except for contracts to be awarded to incorporated pools, the contracting officer shall, prior to award to a pool, require to be deposited with him a certified copy of a power of attorney from each member of the pool who is to participate in the performance of the contract authorizing an agent to execute the bid, proposal, or contract on behalf of such member. A copy of each such power of attorney shall be appended to each executed copy of the contract retained by the Government.

(2) Membership in a pool shall not of itself preclude individual members from submitting bids or proposals as individuals on appropriate procurements. Bids or proposals submitted by an individual member of a pool shall not be considered when the individual member has participated in the bid or proposal submitted by the pool.

(e) Responsibility of pool member. Where a member of a production pool has submitted a bid or proposal in his own name and not on behalf of a pool, the pool agreement shall be a factor to be considered in determining the pool member's responsibility, pursuant to Subpart 18-1.9.

§ 18-1.302-50 Contracts between NASA and Government employees.

(a) Procurement contracts between the Government and its employees or business organizations substantially owned or controlled by Government em

ployees will not knowingly be entered into, except in those cases in which the needs of the Government cannot reasonably be otherwise supplied. The specific approval of the Director of Procurement must be obtained for any such contract.

(b) Surplus personal property shall not be sold to persons known to be officers or employees of the Federal Government, except as specifically authorized by the Director of Procurement. § 18-1.302-51 Proposed subcontracts between NASA contractors and Government employees.

In the approval of subcontracts under NASA prime contracts, NASA contracting officers shall consider the policy restrictions of § 18-1.302-50 to apply to subcontracts.

§ 18-1.304 Restrictions on data and other information.

§ 18-1.304-1 Selection of items involv. ing proprietary data.

In some cases the procurement of an item would involve proprietary data (see § 18-9.201(b)) or other factors which would restrict sources of procurement or limit competition, but alternative items may be procured which would meet the needs of NASA. In such cases, consideration will be given, in selecting the item to be procured, to the relative advantages for aeronautical and space purposes of the item which involves such proprietary data or other factors as against the disadvantages of a restricted source of supply and possibly increased cost to the Government because of lack of competition. However, when a particular item best meets the needs of NASA, the contracting officer will not refrain from procuring the item solely because it would involve such restrictions or limitations.

§ 18-1.304-2 Treatment of technical data.

(a) General. Technical data (such as plans, designs, suggestions, improvements or concepts) acquired by NASA may have been obtained under conditions which restrict NASA's right to use the data. Therefore, care must be taken when considering the use of technical data for procurement purposes to assure that NASA has sufficient rights to use the data in the manner desired. One of the principal ways in which NASA receives technical data is by means of proposals. NASA has a continuing interest

in receiving and evaluating proposals which are pertinent to its potential needs in carrying out its objectives and missions. Some proposals are offered and received under conditions which may prevent NASA from using the technical data contained therein other than for evaluation purposes. Proposals received by NASA are of two types-solicited and unsolicited.

(b) Solicited proposals. A solicited proposal is a written offer to perform work which results from a formal written request for proposals or request for quotations issued by NASA. For the policy and procedure concerning restrictions on the disclosure and use of technical data in solicited proposals see § 18-3.109.

(c) Unsolicited proposals. An unsolicited proposal is a written offer to perform work which does not result from a formal written request for proposals issued by NASA.

(1) Policy for unsolicited proposals. It is the policy of NASA to use technical data included in unsolicited proposals for evaluation purposes only. However, due to the administrative problems involved in handling the large number of unsolicited proposals received, the Government cannot assume liability for disclosure or use of such technical data unless it is marked by the submitter in accordance with the following provisions. Each proposal containing technical data, which the submitter intends to be used by NASA for evaluation purposes only, should be marked on the cover sheet with the following legend and shall specify the pages of the proposal which are to be restricted in accordance with the conditions of the legend:

Technical data contained in pages

of this proposal shall not be used or disclosed, except for evaluation purposes: Provided, That if a contract is awarded to this submitter as a result of or in connection with the submission of this proposal, the Government shall have the right to use or disclose this technical data to the extent provided in the contract. This restriction does not limit the Government's right to use or disclose any technical data obtained from another source without restriction. (February 1966)

Contracting officers shall not refuse to consider any proposal merely because technical data submitted with that proposal is marked. Technical data so marked shall be used only to evaluate proposals and shall not otherwise be used or disclosed without the written per

mission of the submitter except under the conditions provided in the legend. Unsolicited proposals submitted with restrictive legends or statements differing from the above legend will be treated under the terms of the above legend.

(2) NASA notice for unsolicited proposals. In order to assure that unsolicited proposals are handled in accordance with the policy set forth in subparagraph (1) of this paragraph (c), the following notice shall be affixed to each unsolicited proposal (including those containing the legend set forth in subparagraph (1)) when it is received by NASA. This notice in no way alters any obligation of the Government. The notice can be applied to the unsolicited proposal either as a stamp or in the form of a cover sheet. NASA NOTICE OF DOCUMENT HANDLING (FEBRUARY 1967)

This unsolicited proposal shall be used and duplicated only for evaluation purposes and this NASA notice shall be applied to any reproduction of this document or abstract thereof.

For further information on NASA policy regarding technical data submitted in unsolicited proposals, see § 18-1.304.

In the event this document is disclosed outside the Government to obtain a NASA evaluation, notice is hereby given to the recipient that it is NASA's policy to use technical data included in this proposal for evaluation purposes only and the recipient receives the proposal under the condition that it will be used and disclosed only for purposes of furnishing an evaluation to the Government. This restriction does not apply to technical data obtained from another source without restriction.

(3) Disclosure of unsolicited proposals outside Government. In some instances it may be necessary to disclose unsolicited proposals outside the Government in order to obtain a NASA evaluation. In such cases, the NASA notice set forth in subparagraph (2) of this paragraph (c) will provide the outside recipient evaluator with notice of NASA's policy and the conditions under which the proposal is to be used. In addition, an arrangement shall be made with the recipient whereby he agrees to receive the proposal under the condition that he will use and disclose the proposal only for the purposes of furnishing an evaluation to the Government. When it is anticipated that a contractor will be requested to perform unsolicited proposal evaluations for NASA, the following clause shall be inserted in the contract: