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PART 18-1-GENERAL PROVISIONS

Subpart 18-1.1- Introduction Sec. 18–1.100 Scope of subpart. 18-1.101 Purpose of this chapter. 18-1.102 Applicability. 18-1.103 Arrangement of chapter. 18-1.107 Dissemination and effective

date of this chapter and

revisions. 18-1.109 Deviations and other procure

ment publications. 18-1.109-1 Applicability. 18-1.109-2 Approval of deviations. 18-1.109-3 Requests for deviations. 18-1.110 Reports of contracts. 18-1.111 Reports of noncompetitive

practices. 18-1.112 Relationship to ASPR and FPR. 18-1.113 Code of conduct. 18-1.113-1 Government personnel. 18–1.113-2 Organizational conflicts of in

terest. 18-1.114 Reporting of identical bids. 18-1.115 Noncollusive bids and

proposals. Subpart 18-1.2-Definition of Terms 18-1.201 Definitions. 18-1.202 Administrator. 18-1.203 Change order. 18–1.204 Construction contractor. 18-1.205 Contract modification, 18-1.206 Contracting officer. 18–1.207 Contracts. 18-1.208 Director of procurement. 18-1.209 Executive agency. 18-1.210 Federal agency. 18-1.211 Field installation, 18-1.212 Field procurement office. 18-1.213 Government instrumentality. 18–1.214 Head of a field installation. 18-1.215 Head of the agency. 18-1.216 Includes. 18-1.217 Installation. 18-1.218 Manufacturer. 18-1.219 May. 18-1.220 NASA. 18-1.221 Negotiate and negotiation. 18-1.222 Office of procurement. 18-1.223 Possessions. 18-1.224 Procurement. 18-1.225 Procurement office. 18-1.226 Procurement officer. 18-1.228 Regular dealer. 18-1.229 Service contractor. 18-1.230 Shall. 18-1.231 Small business concern. 18-1.232 Supplemental agreement. 18-1.233 Supplies and property. 18-1.234 United States.

Subpart 18-1.3—General Policies 18-1.300 Scope of subpart. 18-1.301 Methods of procurement. 18-1.302 Sources of supply. 18-1.302-1 Government agencies. 18-1.302-2 Sources outside the Govern

Sec. 18-1.302-3 Production and research and

development pools. 18-1.302-50 Contracts between NASA and

Government employees. 18-1.302–51 Proposed subcontracts between Sec. 18-1.351 Procurement of potentially

.

ment.

NASA contractors and Gov

ernment employees. 18-1.304 Restrictions on data and other

information. 18-1.304-1 Selection of items involving

proprietary data. 18-1.304-2 Treatment of technical data. 18-1.304-3 Technical and other data in.

volved in formal advertising. 18-1.304-4 Financial and management in

formation included in pro

posals. 18-1.305 Time of delivery or perform

ance. 18-1.305-1 Scope. 18-1.305-2 General. 18-1.305-3 Terms. 18-1.305-4 Time of delivery clauses. 18-1.306 Approval signature. 18-1.307 Priorities, allocations, and al

lotments. 18-1.307-1 NASA program. 18-1.307-2 Required use of priorities, al

locations, and allotments

clause. 18-1.308 Records of contract actions. 18-1.309 Solicitations for information or

planning purposes. 18-1.310 Liquidated damages. 18-1.311 Buying in. 18-1.312 Voluntary refunds. 18-1.314 Disputes and appeals. 18-1.315 Procurement of jewel bearings. 18-1.316 Disclosure of contractor per

formance data to other government agencies and foreign

governments. 18-1.317 Lease versus purchase criterion. 18-1.318 Contracts using annual funds. 18-1.319 Renegotiation performance re

ports. 18-1.319-1 Renegotiation board. 18-1.319-2 Renegotiation information for

contract file. 18-1.319-3 Performance reports. 18-1.319-4 Procedures for handling re

quests for performance re

ports. 18-1.320 Security requirements. 18-1.327 Use of excess aluminum in na

tional stockpile. 18-1.327-1 Government Use Program. 18-1.327-2 Contract clause. 18-1.327-3 Construction. 18-1.350 Nondiscrimination clause

government leases. 18-1.350-1 Policy. 18-1.350-2 Use of clause. 18-1.350-3 Lease amendments and re

newals. 18-1.350-4 Invitation for bids or request

for proposals involving leases. 18-1.350-5 Deviations.

hazardous items. 18-1.352 Special considerations in re

search and development con

tracts. 18-1.353 Construction contracts-dis

closure of Government esti.

mate. 18-1.354 Procurements requiring imme.

diate "on call” contractor

performance. 18–1.355 Civil Rights Act of 1964—non

discrimination in federally

assisted programs. 18-1.356 Procurement request. 18-1.357 Procurement of liquid hydro

gen. 18-1.358 Funding by letter of credit. 18-1.358-1 Contractor financing by letter

of credit. 18-1.358-2 Form of agreement for special

bank account. Subpart 18–1.5—Contingent or Other Fees 18-1.500 Scope of subpart. 18-1.502 Applicability. 18-1.503 Covenant against contingent

fees clause. 18-1.504 Improper influence. 18-1.505 General principles and stand

ards applicable to the cove

nant. 18-1.505-1 Contingent character of the fee. 18-1.505-2 Exceptions to the prohibition of

the covenant. 18-1.505-3 Bona fide employee. 18-1.505-4 Bona fide established commer

cial or selling agency maintained by the contractor for the purpose of securing busi

ness. 18-1.505-5 Fees for information. 18–1.506 Representation and agreement required from

prospective contractors. 18-1.506-1 Interpretation of the represen

tation. 18-1.507 Use of Standard Form 119. 18-1.507-1 Statement in lieu of form. 18-1.507-2 Exceptions. 18-1.507-50 Additional provision. 18-1.508 Enforcement. 18-1.508-1 Failure or refusal to furnish

Standard Form 119. 18-1.508-2 Misrepresentations or violations

of the covenant against con

tingent fees. 18-1.509 Preservation of records. 18-1.550 Responsibility for protecting in

formation contained in com

pleted Standard Form 119. Subpart 18-1.6-Debarred, Ineligible, and

Suspended Bidders 18-1.600 Scope of subpart and defini.

tions.
18-1.600-1 Scope.
18-1.600-2 Definition of affiliates.

Sec.
18-1.601 Establishment and mainte-

nance of a list of firms or in-
dividuals debarred or ineligi-

ble. 18-1.601-1 General. 18-1.601-2 Information contained in NASA

list. 18-1.601-3 Joint consolidated list. 18-1.601-4 Protection of lists. 18-1.601-50 Authority for making determi

nations. 18-1.601-51 Compliance with NASA list and

joint consolidated list. 18-1.602 Limitation. 18-1.603 Grounds for listing and treat

ment to be accorded listed

concerns. 18-1.604 Debarment of bidders. 18-1.604-1 Authority in NASA to debar

firms and individuals. 18-1.604-2 Causes for debarment. 18-1.6043 Period and scope of debarment. 18-1.604-4 Notice of debarment. 18-1.604-50 Reporting procedures. 18-1.605 Suspension of bidders. 18-1.605-1 General. 18-1.605-2 Authority in NASA to suspend

firms or individuals. 18-1.605-3 Causes for suspension. 18-1.605-4 Period and scope of suspension. 18-1.605–5 Restrictions during period of

suspension. 18-1.605-6 Notice of suspension. 18-1.605–50 Reporting procedures. 18-1.606 Limited debarment or suspen

sion. 18-1.607 Interchange of debarment in

formation. Subpart 18-1.7-Small Business Concerns 18–1.700 Scope of subpart. 18-1.701 Definitions. 18-1.701-1 Small business concern. 18-1.701-4 Manufacturing industry em

ployment size standards. 18-1.702 General policies. 18-1.703 Determination of status as

small business concern. 18-1.704 Small business officials. 18-1.704-1 NASA Headquarters. 18-1.704-2 Field Installations. 18-1.704-3 Small business specialists. 18-1.705 Cooperation with the Small

Business Administration. 18-1.705-1 General. 18-1.705-2 Small Business Administration

representatives. 18-1.705-3 Access to procurement informa

tion. 18-1.705-4 Certificates of competency. 18-1.705-5 Performance of contract by

Small Business Administra

tion. 18-1.706 Set-asides for small business. 18-1.706-1 General. 18-1.706-2 Review, withdrawal, or modifi

cation of set-asides or set

aside proposals.

a

Sec. 18-1.706-3 Small business class set aside

for construction, repair, and

alteration work. 18-1.706-4 Reporting for Department of

Commerce procurement syn

opsis. 18-1.706-5 Total set-asides. 18-1.706-6 Partial set-asides. 18-1.706-7 Automatic dissolution of set

asides. 18-1.706–8 Contract authority. 18–1.706-9 Maintenance of records. 18–1.707 Subcontracting with small

business concerns. 18-1.707-1 General. 18-1.707-2 Small business subcontracting

program. 18-1.707-3 Required clauses. 18-1.707-4 Responsibility for reviewing the

subcontracting program. 18–1.707-5 Reports on NASA Form 524. 18-1.707-6 Subcontracting studies and sur.

veys. 18–1.707-7 Small Business Administration

review of agency records. Subpart 18-1.8—Labor Surplus Area Concerns 18–1.800 Scope of subpart. 18-1.801 Definitions. 18-1.801-1 Labor surplus area concern. 18-1.801-2 Labor surplus area. 18–1.801-3 Small business concern. 18-1.802 General policy. 18–1.803 Application of policy. 18–1.804 Partial set-asides for labor sur

plus area concerns. 18-1.804-1 General. 18-1.804-2 Set-aside procedures. 18-1.8043 Withdrawal of set-asides. 18–1.804-4 Contract authority. 18-1.805 Subcontracting with labor sur

plus area concerns. 18-1.805-1 General policy. 18-1.805-2 Labor surplus area subcontract

ing program. 18-1.805-3 Required clauses. 18-1.805-4 Review of subcontracting pro

gram. 18-1.806 Depressed industries. 18-1.806-1 General. 18-1.806-2 Apparel industry (notification

No. 53, 17 F.R. 6675). 18-1.806-3 Petroleum and petroleum prod

ucts industry (notification

No. 58, 17 F.R. 9053). 18-1.806-4 Shipbuilding and repairing in

dustry (notification No. 57, 17

F.R. 7868). 18-1.806-5 Textile industry (notification

No. 38, 17 F.R. 4993).
Subpart 18-1.9-Responsible Prospective

Contractors 18-1.900 Scope of subpart. 18-1.901 Applicability. 18-1.902 General policy. 18-1.903 Minimum standards for re

sponsible prospective contractors.

Sec. 18-1.903-1 General standards. 18-1.903-3 Special standards. 18-1.903-4 Ability to meet certain mini

mum standards. 18-1.904 Determinations of responsibility

and nonresponsibility. 18-1.905 Procedures for determining re

sponsibility of prospective

contractors. 18-1.905-1 General. 18-1.905-2 When information will be ob

tained 18-1.905-3 Sources of information. 18-1.905-4 Preaward surveys. 18–1.905-50 Procedures for requesting pre

award surveys. 18-1.905-51 conditions which normally do

not require preaward

survey. 18-1.905-52 NASA conducted preaward sur

veys. 18–1.906 Subcontractor responsibility. Subpart 18-1.10—Publicizing Procurement

Actions 18-1.1001 General policy. 18-1.1002 Dissemination of information

relating to invitations for bids and requests for pro

posals. 18–1.1002–1 Availability of invitations for

bids and requests for pro

posals. 18–1.1002–2 Limited availability of certain

specifications, plans, and

drawings. 18–1.1002–4 Displaying in public place. 18–1.1002-5 Information releases to news

papers and trade journals. 18–1.1003 Synopses of proposed procure

ments. 18–1.1003–1 Department of Commerce syn

opsis. 18-1.1003–2 General requirements. 18-1.1003-3 Time of publicizing. 18-1.1003-4 Preinvitation notices. 18-1.1003-5 Publication of procurements of

less than $10,000. 18–1.1003-6 Synopsis of subcontract oppor

tunities. 18–1.1003-7 Information regarding specifi

cations, plans, and drawings. 18–1.1003-8 Responsibility of small busi

ness specialists. 18–1.1003-9 Preparation and transmittal. 18-1.1004 Disclosure of information prior

to award. 18-1.1005 Publicizing award information. 18–1.1005-1 Synopsis of contract awards. 18-1.1006 Classification codes. 18-1.1006-1 Codes for services. 18-1.1006-2 Codes for supplies. 18-1.1007 Release of procurement infor

mation. 18-1.1007-1 Members of Congress. 18-1.1007-2 Paid advertisements in news

papers and trade journals. 18-1.1050 Furnishing additional procure

ment information to public.

Sec.
18-1.1050-1 Policy.
18-1.1050-2 Procedures.
Subpart 18-1.12—Specifications, Plans, and

Drawings 18–1.1200 Application. 18-1.1201 General. 18–1.1202 Mandatory specifications. 18–1.1203 Availability of specifications,

standards, plans, and draw

Ings. 18–1.1204 Packaging requirements. 18-1.1206 Purchase descriptions. 18-1.1206-1 General. 18–1.1206–2 Brand name or equal purchase

descriptions. 18-1.1206-3 Invitation for bids"brand

name or equal" purchase

descriptions. 18–1.1206-4 Bid evaluation and award

“brand name or equal" pur

chase descriptions. 18-1.1206-5 Procedure for negotiated pro

curements. 18–1.1207 Alternate articles or qualities. 18-1.1208 Procurement of used and re

conditioned material and former government surplus

property. Subpart 18-1.13— Transportation 18-1.1300 Scope of subpart. 18-1.1301 General. 18-1.1302 Place of delivery. 18–1.1302–1 Shipments within the United

States. 18-1.1302–2 Shipments from the United

States for overseas delivery. 18-1.1302–3 Shipments originating outside

the United States. 18-1.1303 Quantity analysis 18-1.1304 Commodity description. 18-1.1305 Delivery terms. 18-1.1305-1 General. 18-1.1305-2 F.O.B. origin or destination. 18-1.1305-3 F.O.B. destination. 18–1.1305-4 F.O.B. origin. 18-1.1305-5 Destination unknown. 18-1.1306 Consignment and marking in

structions. 18-1.1307 Scheduling of deliveries to per

mit consolidation of ship

ments. 18-1.1308 Transit privileges. 18-1.1309 Volume movements within the

United States. 18-1.1310 Shipments requiring special

handling. 18-1.1311 Mode of transportation. 18-1.1312 Transportation rates and re

lated costs. 18-1.1312-1 Use in evaluation of bids and

proposals. 18-1.1312–2 Source of transportation rates

and related costs. 18-1.1313 Section 22 of the Interstate

Commerce Act. 18-1.1313-1 General.

Sec. 18-1.1313-2 Application to commercial bills

of lading. 18-1.1313-3 Application to household goods. 18-1.1313-4 Penalty. 18–1.1314 Insurance. 18-1.1315 Loss and damage in-transit. 18-1.1316 Prepaid transportation charges. 18-1.1350 Charter of aircraft. Subpart 18-1.14—Transportation by

Ocean Carriers 18-1.1400 Scope. 18-1.1401 Definitions. 18-1.1402 Preference for private U.S. ves

sels. 18–1.1402–1 Policy. 18–1.1402–2 Shipment to which policy is

not applicable. 18–1.1402–3 Procedures. 18-1.1410 Nonuse of foreign-flag vessels

engaged in Cuban and North

Vietnam trade.

Subpart 18-1.15—Options 18-1.1500 Scope of subpart. 18–1.1501 Definition of option. 18-1.1502 Applicability. 18-1.1503 Procedures. 18-1.1504 Exercise of options. 18-1.1505 Examples of option clauses.

Subpart 18–1.16-Novation Agreements 18-1.1600 Scope of subpart. 18-1.1601 Definition. 18-1.1602 Agreement to recognize a suc

cessor in interest. 18-1.1603 Agreement to recognize change

of name of contractor. 18–1.1650 Procedures. 18-1.1651 Novation agreement formats

and related NASA documents. 18-1.1651-1 Successor in interest agreement

format. 18-1.1651-2 Change of name agreement

format. 18-1.1651-3 Sample letter requesting issu

ance of administrative

change. 18–1.1651-4 Sample administrative change

format.
Subpart 18-1.50-Integration of Quality

Requirements in NASA Procurements 18-1.5000 Scope of subpart. 18-1.5001 Policy. 18-1.5002 Classification of NASA procure

ments. 18-1.5003 Responsibilities of NASA per

sonnel. 18-1.5004 Procedures. 18-1.5005 Technical factors. Subpart 18-1.51-Integration of Reliability

Requirements Into NASA Procurements 18–1.5100 Scope of subpart. 18-1.5101 Policy. 18-1.5102 Definitions, 18-1.5103 Application. 18-1.5104 Responsibilities. 18–1.5105 Procedures.

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Sec. 18-1.5106 Technical factors (requests for

proposals and work state

ments). 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 32 F.R. 17002, Dec. 2, 1967, unless otherwise noted.

Subpart 18–1.1- Introduction $ 18–1.100 Scope of subpart.

This subpart sets forth introductory information pertaining to the purpose, applicability, and content of this 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.

This chapter is divided into parts, each one of which covers a separate aspect of procurement; and each part is further subdivided into subparts, sections, and paragraphs. § 18–1.107 Dissemination and effective

date of this 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 Staff Office, Headquarters Program Office, and NASA field installation, to the Office of Procurement, NASA Headquarters (Code KDP).

(b) Heads of field installations will ensure that copies of the NASA Procurement Regulation are distributed to all

interested NASA 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 of this Chapter 18 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 amend. ment would unduly delay the procurement action. $ 18–1.109 Deviations and other pro

curement 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 Standard, NASA, or other form is prescribed by NASA procurement regulations, use of any other form for the same purpose;

(c) Alteration of a Standard or NASA form except as authorized by NASA procurement regulations;

(d) 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

(e) 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.

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