PROCUREMENT FORMS (i) contracts for which Solicitation, Offer, and Award (Standard Form 33) is used in accordance with 16.102-3; (ii) contracts for the construction, alteration, or repair of buildings, bridges, roads or other kinds of real property; (iii) procurements for which special contract forms are prescribed; and (iv) procurements for which purchase order and related forms are authorized by Subpart 3 of this Part. (c) Negotiated Fixed-Price Supply and Services Contracts. Except as provided in (b) above, Award/Contract (Standard Form 26) shall be used with Standard Form 32, General Provisions (Supply Contract), supplemented by NASA Form 250 (Additional General Provisions to U.S. Standard Form 32), and any other applicable contract provisions which are prescribed by this Regulation for entering into negotiated, fixed-price supply and services contracts. (d) Negotiated Cost-Reimbursement Supply and Services Contracts. Except as provided in (b) above, Award/Contract (Standard Form 26) shall be used with NASA Form 418, General Provisions (Cost-Plus-aFixed-Fee Supply Contract) and any other applicable contract provisions which are prescribed by this Regulation for entering into negotiated costreimbursement type supply contracts. (e) Special Negotiated Contracts. Award/Contract (Standard Form 26) may be used for special procurements where clauses other than those contained in NASA Form 250, Standard Form 32 or NASA Form 418 have been authorized. For example, cost-reimbursement research and development contracts with clauses prescribed by Part 7, Subpart 4; time and material and labor hour contracts with clauses prescribed by Part 7, Subpart 9. (f) Corporate Certificate. Where a corporate certificate is considered necessary or desirable, it may be executed on a typed sheet, identified by the contract number, and attached to Award/Contract (Standard Form 26). (g) Schedule and Continuation Sheet. Standard Form 36 (Continuation Sheet) shall be used for the Schedule and Continuation Sheets (see 16.101-2(d)). 16.102-3 Solicitation, Offer, and Award (Standard Form 33). (a) General. The following forms are prescribed for use under the conditions set forth in (b) below in effecting negotiated fixed-price procurement of supplies or services: (i) Solicitation, Offer, and Award (Standard Form 33); (ii) Solicitation Instructions and Conditions (Standard Form 33A); (iii) General Provisions (Supply Contract) (Standard Form 32) and NASA Form 250 (only when procuring supplies); (iv) any other forms containing contract provisions which are prescribed by this Regulation; (v) Continuation Sheet (see 16.101-2(d)); (vi) Amendment of Solicitation/Modification of Contract (Standard Form 30) when needed (see 16.103); and (vii) Award/Contract (Standard Form 26) when needed. (b) Conditions for Use. (1) The above forms (together with authorized contract provisions) shall be used in connection with the negotiation of fixed-price contracts for supplies or services when it appears desirable to commence negotia 16.102-3 CFR TITLE 41 CHAPTER 18 ADVERTISED AND NEGOTIATED CONTRACTS tionsby soliciting written offers which, if there is written acceptance by the Government, would create a binding contract without further action. (2) When offers have been submitted on Solicitation, Offer, and Award (Standard Form 33) and it is in the interest of the Government and is in accordance with 3.102 to accept a prospective contractor's offer without further negotiation, price and other factors considered, award may be made by use of the Award portion of Standard Form 33. In such instances, the contract will consist of the appropriate documents listed in (a) above. Alternatively, award may be made by use of the Award portion of Standard Form 26 (see 16.102-2). (3) When an offer submitted by a prospective contractor leads to further negotiation, the resulting contract shall be prepared as a bilateral contract document on Award/Contract (Standard Form 26) in accordance with 16.102-2 except that: (i) if the circumstances are such that the prospective contractor can amend his offer in writing to reflect any necessary changes, the amended offer may be accepted by use of the Award portion of Solicitation, Offer, and Award (Standard Form 33) or the Award portion of Award/Contract (Standard Form 26); or (ii) if all the terms and conditions agreed to as a result of such further negotiation are specifically and clearly set forth in identifiable writings but such writings are unsuitable or too voluminous to permit acceptance of the amended offer by use of the Award portion of either Standard Form 33 or 26 and if the circumstances of the procurement require prompt acceptance of the amended offer, such modified offer may be accepted by the issuance of a notice of award in substantially the format set forth below. Each such notice of award shall have the concurrence of the field counsel prior to issuance. In addition, where a notice of award is used, if the dollar value of the procurement is such that Headquarters approval would be required, such approval of the notice of award must be obtained prior to its issuance. The request for approval of the notice of award shall be accompanied by all writings and documents which together establish the terms and conditions of the contract. In cases of (i) above, the use of the Award portion of Standard Form 33 or 26 does not preclude the additional use of informal documents, including telegrams, as notices of award. In cases within (ii) above, all of the terms and conditions of the contract thereby created shall be, without change or modification, promptly consolidated into a bilateral contract document using Award/Contract (Standard Form 26). and identify all documents or portions thereof, such as letters, telegrams, and printed matter, from the prospective contractor and the Government, which together set forth the terms and conditions of the contract] for the furnishing of at a total price of $....., is accepted and award is hereby made. NASA PROCUREMENT REGULATION 16.102-3 PROCUREMENT FORMS A contract in the usual form, dated and numbered as set forth above, incorporating all the terms and conditions of the contract hereby created is being prepared and will be forwarded to you in the near future. This contract is authorized by and has been negotiated pursuant to 10 U.S.C. 2304(a)( ). By:.. UNITED STATES OF AMERICA (Name) Contracting Officer (4) Standard Form 32 and NASA Form 250 (Additional General Provisions to U.S. Standard Form 32), if applicable, may be attached to each of the Solicitation, Offer, and Award (Standard Form 33). Alternatively, only one copy of Standard Form 32 and NASA Form 250 need be furnished to each supplier for retention, if such provisions are specifically incorporated by reference in the Schedule including each form name, number and date. Provisions which are inapplicable to a particular procurement generally may be deleted by appropriate reference under the Alterations in Contract clause. (5) When a cost breakdown is required in connection with an offer, DD Form 633 (NASA Edition) shall be used to the extent provided in 16.202. (6) This paragraph 16.102-3(b) does not preclude the use of the purchase order forms prescribed in Part 16, Subpart 3. (7) When it is necessary to issue an amendment to a solicitation for offers, Standard Form 30 shall be used. 16.103 Amendment (Standard Form 30). of Solicitation/Modification of Contract (a) General. This paragraph prescribes a single form for (i) amendment of solicitations (whether advertised or negotiated), and (ii) modification of contracts (including purchase and delivery orders entered into on Standard Form 147 and NASA Form 1379). NASA Form 1379B may be used under the circumstances set forth in 3.608-4. Use of Standard Form 30 is also required for amendment of solicitation for the procurement of construction. (b) Conditions for Use. This form shall be used for: (i) any amendment to a solicitation; (ii) any change order issued pursuant to the Changes clause of a contract; (iii) any other unilateral contract modification (see 1.205), except notices of termination (see 16.701), issued pursuant to a contract provision authorizing such modification without the consent of the contractor; (iv) administrative changes such as the correction of typographical mistakes, changes in the paying office and changes in accounting and appropriation data; and (v) supplemental agreements as defined in 1.232. (c) Continuation of Amendments/Modifications. Standard Form 36 or a blank sheet of paper may be used for continuation of amendments/modifications (see 16.101-2(d)). (d) Modification of Construction Contracts. When used to modify a contract for construction, Standard Form 30 may be altered to provide for the contractor's written acknowledgment of the change orders. (See 16.815 for instructions relative to modifying a contract for construction.) 16.103 CFR TITLE 41 CHAPTER 18 ADVERTISED AND NEGOTIATED CONTRACTS 16.104 Instructions for Preparation of Forms for Advertised and Negotiated Supply and Services Contracts (Standard Forms 33, 26, and 30). 16.104-1 Solicitation, Offer, and Award (Standard Form 33). Instructions for block entries requiring clarification are as follows: Block No. ....... Title and/or Instructions 2 ..... Solicitation No. For Small Business Restricted Advertising and other types of restricted advertising, the box "Advertised (IFB) shall be checked. 25..... Although Small Business Restricted Advertising and other types of restricted advertising are to be treated as advertised procurements for the purpose of classification in block 2, such procurements are negotiated procurements (see 1.706-2), and require the insertion of the appropriate negotiation authority in Block 25. 16.104-2 Award/Contract (Standard Form 26). Instructions for block entries requiring clarification are as follows: Block No. Title and/or Instructions 9. Discount for Prompt Payment ..... Percentages will be expressed in whole numbers and decimals; e.g., 3.25%-10 days 0.50%-20 days. 11. Ship To/Mark For-Multiple delivery points shall be shown in the Schedule and this block annotated to that effect. Supplies/Services..... When used as an acceptance, only the Item numbers of the solicitation need be set forth in the Schedule portion. Any modification made by the offeror to a solicitation which is accepted by the Government will be set forth in the Schedule. 22..... If the form is being used as a negotiated bilateral contract pursuant to receipt of quotations on Request for Quotations (Standard Form 18) or informal means, and subsequent negotiations, if any, the box shall be checked and contractor shall be required to sign this document and return the prescribed number of copies to the issuing office. 26. If this form is being used as an acceptance (award) pursuant to receipt of a firm offer on Solicitation, Offer, and Award (Standard Form 33), the box shall be checked and contractor will not be required to sign this document. 16.104-3 Amendment of of Solicitation/Modification of Contract (Standard Form 30). Instructions for block entries requiring clarification are as follows: Block No. ..... Title and/or Instructions 1 Amendment/Modification No.-Amendment to each solicitation shall be numbered consecutively. Modifications to definitive contracts and letter contracts shall be numbered in accordance with 50.302-5 and 50.3026(b), respectively. 13 If the modification is a Change Order (11(a)) or Administrative Change (11(b)), the first box in this block shall be checked and contractor's signature will not be required. If the modification is a Supplemental Agreement (11(c)), the contractor's signature will be required, the second box shall be checked and the number of copies to be returned to issuing office shall be inserted. 17..... Contracting Officer's signature is not required when amending a solicitation. NASA PROCUREMENT REGULATION 16.104-3 Subpart 2-Additional Forms for Negotiated Procurements 16.200 Scope of Subpart. This Subpart prescribes additional forms for use where appropriate in conjunction with negotiated procurements for supplies or services. 16.201 Negotiated Contract Forms. The forms described below are authorized for use in negotiated procurements. Istructions for their use are set forth below: 16.201-1 Contracts Not in Excess of $10,000 (NASA Form 1379, Standard Forms 44 and 147). (a) For negotiated purchases not in excess of $10,000. NASA Form 1379. Standard Forms 44 or 147 may be used as covered in the instructions in Part 3. Subpart 6. (b) Standard Form 44 (Purchase Order-Invoice-Voucher) is a small purchases form for transactions not in excess of $10.000 and is authorized for use in accordance with the instructions and limitations set forth in 3.608-9. It is especially useful in over-the-counter transactions, purchases at isolated activities and purchases away from the procurement office. (See 16.302.) (c) Standard Form 147 (Order for Supplies or Services) is designed primarily for use when single delivery payment transactions involve amounts not in excess of $10.000 are contemplated. (See Part 3, Subpart 6.) Standard Form 148 (Order for Supplies or Services Continuation Sheet) is authorized for use as required. 16.201-2 Proposal and Acceptance. NASA Form 1379 will be used normally in negotiated supply contracts for standard commercial type items. 16.201-3 General Provisions-Cost-Reimbursement or Supply contained in Contracts (NASA Form 418). The General Provisions NASA Form 418 shall be used in all cost-reimbursement supply contracts. together with Standard Form 26 (Award/Contract) (see 16.102-2(d).) 16.201-4 General Provisions-Fixed-Price Research and Development Contracts (NASA Form 247). Except when NASA Form 246 is used, NASA Form 247 shall be used in all fixed-price research and development contracts. together with Standard Form 26 (Award/Contract). use 16.201-5 General Provisions- Fixed-Price Research Contracts With Nonprofit Institutions - Short Form (NASA Form 246) The General Provisions contained in NASA Form 246 are authorized for in fixed-price contracts for basic or applied research with nonprofit institutions of higher education, or with nonprofit Institutions whose primary purpose is the conduct of scientific research, when a short form is desired. Additional clauses may be added to or substituted for the clauses contained in NASA Form 246 in accordance with 7.350-19. Standard Form 26 (Award/Contract) used with NASA Form 246. 16.201-6 General Provisions-Cost-Reimbursement Research and Development Contracts (NASA Form 417). Except when NASA Form 419 is used pursuant to 16.201-7, NASA Form 417 shall be used in type research and development contracts. cost-reimbursement NASA PROCUREMENT REGULATION |