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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
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.
nance of a list of firms or in-
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
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).
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.
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
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
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.
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.