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STANDARDS AND PROCEDURES

(ii) the disposition recommended for the request, and, if contractual action is recommended, the opinion of the contracting officer that such action will facilitate the national defense.

(2) The forwarding letter shall enclose the contractor's request, and all material submitted by the contractor in support of such request, together with such additional material as the contracting officer has obtained from Government sources or personnel in the course of his investigation of the facts and issues relevant to the request. The contracting officer's forwarding letter and all enclosures shall be submitted in duplicate. Any classified information included in the material forwarded shall be identified as such.

(b) Amendments Without Consideration Under 17.103-2(a). Where an amendment without consideration under the standards of 17.103-2(a) is recommended by the cognizant contracting officer, the forwarding letter shall include, in addition to the statements and information described in subparagraphs (a)(1) and (a)(2) above, a statement of the contracting officer's findings as to:

(i) the contractor's performance record, including the quality of product, rate of production, and promptness of deliveries;

(ii) the importance to the Government of the performance of the contract by the contractor and the importance of the contractor to the national defense;

(iii) the forecast of future contracts with the contractor; and

(iv) other available sources of supply for the supplies or services covered by the contract, and the time and cost of having contract performance completed by such other sources.

(c) Formalization of Informal Commitments Under 17.103-4. Where the formalization of an informal commitment under the standards of 17.103-4 is recommended by the cognizant contracting officer, the forwarding letter shall include, in addition to the statements and information described in subparagraphs (a)(1) and (a)(2) above, a statement that the contracting officer has determined that at the time the informal commitment was made, it was impracticable to use normal procurement procedures.

17.106-3 Action by Contract Adjustment Board.

(a) Investigation. Upon receipt of a request which is forwarded by the cognizant contracting officer, the Board, acting through its Counsel, may make such further investigation of the facts and issues involved in the request, and obtain such additional facts and evidence relating to the request, either from the contractor or the contracting officer, or others, as is necessary to make a determination as to the contractor's entitlement to the relief requested, or to other equitable relief.

(b) Decision. The Board, acting in accordance with its own procedures, will render its decision on a request as expeditiously as practicable. A Memorandum of Decision disposing of the case shall be prepared for the signature of the Chairman of the Board, and shall be dated and contain the following information:

(i) the name and address of the contractor, the contract identification, and the nature of the request;

(ii) the decision reached and the actual cost or estimated potential cost, if any, of the decision;

(iii) a concise description of the property or services involved;
(iv) a statement of the circumstances justifying the decision; and

NASA PROCUREMENT REGULATION

17.106-3

EXTRAORDINARY CONTRACTUAL ADJUSTMENT PROCEDURES

(v) if some adjustment action is approved, a statement in substantially the following form: “The Board finds that the action authorized herein will facilitate the national defense.”

(c) The Memorandum of Decision shall omit any of the foregoing information classified “Confidential” or higher.

17.107 Implementation of Board's Decision.

(a) Copies of the Board's decision will be transmitted to the cognizant contracting officer, who will take such action as is authorized by the decision. Where the Board's decision is to reject the contractor's request for relief, the cognizant contracting officer will advise the contractor of such decision.

(b) Except as provided in subparagraph (c) below, immediately upon execution of a contract or contract amendment which implements the decision of the Board, the contracting officer shall forward two copies of the contractual document to the Chairman, Contract Adjustment Board, marked for the attention of the Counsel to the Board, for retention with the Board's permanent files.

(c) Contracts or contract amendments for which approval of NASA Headquarters is otherwise required under the provisions of this Regulation shall be forwarded for such approval. After approval has been received, the provisions of subparagraph (b) of this paragraph will be complied with.

17.108 Contractual Requirements. Every contract entered into or amended or modified pursuant to this part shall contain:

(i) a citation of the Act and Executive Order;
(ii) a brief statement of the circumstances justifying the action;

(iii) a recital of the finding that the action will facilitate the national defense;

(iv) the contract clause entitled “Covenant Against Contingent Fees” as set forth in 1.503;

(v) the contract clause entitled “Examination of Records” as set forth in 7.104-15;

(vi) the contract clause entitled “Equal Opportunity" as set forth in 12.804, whenever required under Part 12, Subpart 8;

(vii) the contract clause entitled “Assignment of Claims" as set forth in 7.103-8;

(viii) if otherwise applicable, the contract clauses entitled “WalshHealey Public Contracts Act,” “Davis-Bacon Act," "Copeland (‘AntiKickback') Act-Nonrebate of Wages," and "Contract Work Hours and Safety Standards Act-Overtime Compensation" as set forth respectively in 12.605 and 12.403; and

(ix) any other clauses set forth in this Regulation which are appropriate to the particular procurement.

17.109 Records and Reports. (a) The following documents shall be maintained in the permanent files of the Board:

(i) the original copy of the Memorandum of Decision; and

(ii) copies of the contractual document implementing the Board's decision.

(b) The Board shall prepare reports for submission to Congress in accordance with the Act.

17.110 Interdepartmental Coordination.

17.107

CFR TITLE 41 CHAPTER 18

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STANDARDS AND PROCEDURES (a) General. Where a case involves matters of interest to more than one Department or agency, the Board may take such joint action as may be proper under the circumstances, including holding joint meetings or hearings. Liaison with the Military Departments and other Departments and agencies of the Government in connection with all such cases shall be the responsibility of the Board.

(b) Amendments Under 17.103-2(a). Requests for amendments without consideration under 17.103-2(a) where “essentiality” is an issue, involving another Department or agency, shall not be finally determined by NASĂ until advice on the “essentiality” issue is requested and received from such other Department or agency. When such advice is received, the responsibility for taking the appropriate action, if any, shall be with NASA.

(c) Funds of Other Departments or Agencies. Requests for adjustment within any, category, where the funds of other than NASA may be required, shall not be approved by NASA until advice is requested and received from the other department or agency involved that additional funds will be made available. The request for such advice shall disclose the following data:

(i) contractor's name;
(ii) contract number;
(iii) amount of proposed relief;
(iv) brief description of the procurement; and
(v) account classification-fund citation.

NASA PROCUREMENT REGULATION

17.110

Parts 18 and 19 -- Reserved

NASA PROCUREMENT REGULATION

FINDING AIDS

A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised semiannually (January 1 and July 1).

Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of Sections Affected by Unincorporated PRD's
List of CFR Sections Affected

80-188 0-81---62

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