tain financial resources, experience, organization, technical qualifications, skills, and facilities (see § 18-1.903-1 (a) and (f)) generally shall be a commitment or explicit arrangement which will be in existence at the time the contract is to be awarded for the rental, purchase, or acquisition of such resources, equipment, facilities, or personnel.

§ 18-1.904 Determinations of responsibility and nonresponsibility.

(a) Prior to the award of a contract to any person or firm, the contracting officer shall first determine that such person or firm is responsible within the meaning of §§ 18-1.902 and 18-1.903. The signing of the contract shall be considered to be a certification by the contracting officer that he has determined that the prospective contractor is responsible with respect to that contract.

(b) When the contract is estimated to exceed $10,000 and the contracting officer considers that a statement of responsibility is advisable, the contracting officer shall prepare a written statement of the facts upon which he bases his determination of responsibility. Relevant factors for consideration in determining whether such a statement is advisable would include the value, importance, or technical aspects of the procurement, or lack of previous experience with the prospective contractor. However, when a preaward survey is made in connection with a contract that exceeds $10,000, the contracting officer shall prepare a written statement of the facts upon which he bases his determination of responsibility. When the contracting officer prepares a statement, any supporting documents or records, including preaward surveys, SBA certificates competency, and other information to support determinations of the responsibility of subcontractors will be attached to the statement.

of

(c) When a bid or offer, on which an award would otherwise be made, is rejected because the prospective contractor is found to be nonresponsible, a statement of nonresponsibility shall be made.

(d) Affiliated concerns (see § 181.701-1(c)) shall be considered as separate entities in determining whether the one which is to perform the contract meets the applicable standards for a responsible prospective contractor.

§ 18-1.905 Procedures for determining responsibility of prospective contrac

tors.

§ 18-1.905-1 General.

(a) Generally, determinations of responsibility and nonresponsibility shall be made only on those prospective contractors who are within the range of consideration for award of the contract.

(b) Before making determinations of responsibility, the contracting officer shall have in his possession, or obtain, information sufficient to satisfy himself that a prospective contractor currently meets the minimum standards set forth in § 18-1.903 to the extent that such standards are applicable to a specific procurement.

(c) Maximum practicable use shall be made of current information on file or within the knowledge of personnel within NASA and, when practicable, within other Government agencies. Free interchange with other Government agencies of information pertinent to determinations of responsibility is encouraged. NASA installations shall develop and maintain such pertinent records and experience data as may be useful for the guidance of contracting officers and other personnel concerned. Special attention shall be paid to contractors whose past performance is questionable and new contractors whose reliability is yet unestablished. Upon the request of any NASA contracting officer or other Government agency, information available in such records and data shall be expeditiously furnished.

§ 18-1.905-2 When information will be obtained.

Generally, information regarding the responsibility of a prospective contractor (including, in accordance with §181.905-4, preaward survey information when considered necessary) shall be obtained promptly after bid opening or receipt of proposals. However, in negotiated procurements, especially those involving research and development, such information may be obtained before the issuance of requests for proposals. Notwithstanding the foregoing, information regarding financial resources and performance capability shall be obtained on as current a basis as feasible with relation to the date of contract award.

§ 18-1.905-3 Sources of information.

Information regarding the responsibility of prospective contractors shall be the following sources:

(a) The "Joint Consolidated List of Debarred, Ineligible, and Suspended Contractors" (see § 18-1.601);

(b) From the prospective contractorincluding representations and other information contained in or attached to bids and proposals; replies to questionnaires; financial data, such as balance sheets, profit and loss statements, cash forecasts, financial history of the contractor and affiliated concerns; current and past performance records; personnel records; and lists of tools, equipment, and facilities; written statements or commitments concerning financial assistance and subcontracting arrangements; and analyses of operational control procedures. Where it is considered necessary by the contracting officer to prevent practices prejudicial to fair and open competition or for other reasons, prospective contractors may be required to submit affidavits concerning their ability to meet any of the minimum standards set forth in § 18-1.903;

(c) Existing information within NASA-including records on file and knowledge of personnel within the procurement office making the procurement, other procurement offices, related activities, contract administration offices, audit activities, and offices concerned with contract financing;

(d) Publications-including credit ratings, trade and financial journals; business directories and registers;

(e) Other sources including suppliers, subcontractors, and customers of the prospective contractor; banks and financial companies; commercial credit agencles; Government departments and agencies; purchasing and trade associations; better business bureaus and chambers of commerce.

§ 18-1.905-4 Preaward surveys.

(a) General. A preaward survey is an evaluation of a prospective contractor's capability to perform under the terms of a proposed contract. Such evaluation shall be used by the contracting officer in determining the prospective contractor's responsibility. The evaluation may be accomplished by use of (1) data on hand, (2) data from another Govern

ment agency or commercial source, (3) an on-site inspection of plant and facilities to be used for performance on the proposed contract, or (4) any combination.

(b) Circumstances under which performed. (See § 18-1.905-50(a).)

(c) Workload and financial capacity. Regardless of the apparent sufficiency of information available to the procurement office indicating responsibility with respect to the standards set forth in § 18-1.903-1 (a), and (b) in procurements which are significant either in dollar value or in the critical nature of the requirement, consideration shall be given to requesting the survey activity to verify information regarding current workload and financial capacity.

(d) Coordination. Preaward surveys may be conducted by one NASA installation for another or by other Government agencies for NASA. In this regard, NASA activities will give primary consideration to maximum utilization of the Defense Contract Administration Services Regions, or a military department as appropriate, for performance of preaward surveys. This will eliminate duplication of effort, achieve economy and increase efficiency.

§ 18-1.905-50 Procedures for requesting preaward surveys.

(a) When the contracting officer determines that a preaward survey is required, he shall request a survey on DD Form 1524 in the detail commensurate with the dollar value and complexity of the procurement. In requesting a preaward survey, the contracting officer shall call to the attention of the survey activity any factors which should receive special emphasis. The factors selected by the contracting officer shall be applicable to all firms responding to the solicitation and shall be considered in all preaward surveys performed for the same solicitation. In the absence of specific instructions from the procurement office, the scope of the preaward survey shall be determined by the office conducting the survey.

(b) If a complete survey of financial responsibilities is required, the appropriate blocks in Part I, section III of DD Form 1524 will be checked.

(c) Requests for surveys may be submitted to the NASA installation located nearest to the prospective contractor, to

the military department, or the appropriate Defense Contract Administration activity with which NASA has a service agreement (see § 18-1.905-4). The survey shall be requested on Preaward Survey of Prospective Contractor (DD Form 1524) indicating in Part I, section III thereof the scope of the survey desired. Factors requiring emphasis not enumerated in Part I, section III should be listed by the procurement office under item "14" of that section. A survey may be requested by telegraphic communication containing the data required by Part I, sections I, II, and III of the Form. A survey may be requested by telephone but shall be confirmed immediately on DD Form 1524. Unless previously furnished, a copy of the solicitation and such drawings and specifications as deemed necessary by the procurement office, shall be supplied with the preaward survey request. The procurement office shall forward any information indicating previous unsatisfactory contract performance with the preaward survey request, except where it is known that the survey activity already has this information.

§ 18-1.905-51 Conditions which normally do not require a preaward survey.

Normally, preaward surveys are not required when:

(a) The data is available from other sources;

(b) The contract is for study or research only;

(c) The contract will be a firm fixedprice contract for off-the-shelf items when the contract amount is less than $100,000;

(d) The pending contract will be a definitive contract superseding a letter contract;

(e) An order is to be placed under an existing Government contract;

(f) The prospective contractor has proved his reliability by recent and sustained or existing satisfactory performance; or

(g) When the source has been recommended by the NASA Source Evaluation Board (see § 18-3.804-3).

§ 18-1.905-52 NASA conducted preaward surveys.

(a) Upon receipt of the request for preaward surveys, the NASA survey officer shall:

(1) Familiarize himself with the terms of the invitation for bid or request for proposal;

(2) Review information available from other sources relative to the contractor;

(3) Make an on-site survey of the plant concerned; and

(4) Complete the DD Form 1524 as required.

(b) Upon completion of the survey, the survey officer shall prepare a narrative report of survey information and conclusions. In preparing the report, the survey officer should ensure that all the information required by the contracting officer and, in each area of investigation, a definite statement as to responsibility and capability of the contractor, have been included. The reports should be brief, clear, and complete, and should not include matters other than those specifically requested by the contracting officer except as indicated in § 18-1.905-4. § 18-1.906 Subcontractor responsibility.

(a) To the extent that a prospective contractor proposes to perform the contract by subcontracting, determinations of prospective subcontractor's responsibility may be necessary in order to determine the responsibility of the prospective prime contractor. Determinations concerning prospective subcontractors' responsibility shall generally be a function performed by the prospective prime contractor. (See § 181.603 (c) relating to subcontractors listed on the "Joint Consolidated List of Debarred, Ineligible, and Suspended Contractors.") A prospective prime contractor may be required to (1) indicate, in writing, the responsibility of proposed subcontractors, or (2) show evidence of an acceptable and effective purchasing and subcontracting system which encompasses a method for determining subcontractor capability.

(b) Notwithstanding the general responsibility of a prospective contractor to demonstrate the responsibility of his prospective subcontractors, it may be in the Government's best interest to make a direct determination of the responsibility of one or more prospective subcontractors prior to award of the prime contract. Examples of when this may be particularly suitable or the procurements of (1) supplies or services which are so urgently needed that it is necessary for the Government to go beyond the normal process in determin

ing contractor responsibility, and (2) supplies or services, a substantial portion of which will be subcontracted. The determination of responsibility of a proposed subcontractor by the Government shall be based on the same factors as are applicable in a determination of responsibility of a prospective prime contractor.

Subpart 18-1.10-Publicizing
Procurement Actions

§ 18-1.1001 General policy.

It is NASA policy to increase competition by publicizing procurements which offer competitive opportunities for prospective prime contractors or subcontractors, thus assisting small business and labor surplus area concerns and broadening industry participation in NASA procurement programs.

§ 18-1.1002 Dissemination of information relating to invitations for bids and requests for proposals.

§ 18-1.1002-1 Availability of invitations for bids and requests for proposals.

A reasonable number of copies of invitations for bids and requests for proposals, which are required to be publicized in the Commerce Business Daily, including specifications and other pertinent information, shall be maintained by the issuing office. Upon request, prospective contractors not initially solicited may be mailed or otherwise provided copies of such invitations for bids or requests for proposals to the extent they are available. Where a solicitation for proposals has been limited as a result of a determination that only a specified firm or firms possess the capability to meet the requirements of a procurement, requests for proposals shall be mailed or otherwise provided upon request to firms not solicited, but only after advice has been given to the firm making the request as to the reasons for the limited solicitation and the unlikelihood of any other firm being able to qualify for a contract award under the circumstances. In addition, to the extent that invitations for bids or requests for proposals are available, they shall be provided on a "first come-first served" basis, for pick up at the contracting office, to publishers, trade associations, procurement information services, and other members of the public having a legitimate interest therein; otherwise, the procurement

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office may limit the availability of such information to perusal at such office. In determining the "reasonable number" of copies to be maintained, the contracting officer shall consider, among other things, the extent of initial solicitation, reproduction costs, the nature of the procurement, whether access to classified matter is involved, the anticipated requests for copies based upon responses to synopses and other means of publication in previous similar situations, and the fact that publishers and others who disseminate information regarding proposed procurements normally do not require voluminous specifications or drawings. With regard to classified procurements, the foregoing instructions apply to the extent consistent with NASA security instructions and procedures.

§ 18-1.1002-2 Limited availability of certain specifications, plans, and drawings.

Where the procurement office is not in possession of complete sets of specifications, plans, and drawings, or the drawings and specifications are classified, or are so voluminous that display and distribution in accordance with § 18-1.1002 is impracticable, the solicitation shall contain notice of this fact and of the locations at which the specifications plans, or drawings may be examined. § 18-1.1002-4 Displaying in public place.

A copy of each solicitation for an unclassified procurement in excess of $2,500 shall be displayed at the contracting office, and, if appropriate, at some additional public place from the date issued until 7 days after bids or proposals have been opened.

ment of Commerce Synopsis” or “Synopsis," is published daily, except Saturdays, Sundays, and holidays, by the U.S. Department of Commerce, Chicago, Ill. Section 8 of the Small Business Act (15 U.S.C. 637(e)) empowers the Secretary of Commerce to obtain notice of certain proposed procurement actions from any Federal department, establishment, or agency engaged in procurement of supplies and services in the United States; and to publicize such notices in the Department of Commerce Synopsis immediately after the necessity for the procurement is established.

(b) The primary purpose of the Department of Commerce Synopsis is to provide industry with information concerning current Government contracting and subcontracting opportunities, including information as to the identity and location of Government contracting offices and prime contractors having current or potential need for certain types of products or services.

(c) The Department of Commerce Synopsis is available on an annual subscription basis, and subscriptions can be entered at any Department of Commerce office. Complimentary subscriptions are available to participating Government activities upon request.

§ 18-1.1003-2 General requirements.

(a) Except for procurements described in paragraphs (b) and (c) of this section, every proposed advertised or negotiated procurement, including modifications to existing contracts when new funds are obligated for additional supplies and services, made in the United States, its possessions, and Puerto Rico which may result in an award in excess of $10,000 shall be publicized promptly in the Commerce Business Daily "Synopsis of U.S. Government Proposed Procurement, Sales, and Contract Awards". Modifications to an existing contract resulting from price changes, engineering changes, overruns, definitization of letter contracts, and other similar transactions need not be publicized in the Commerce Business Daily. In addition to the information normally included in a synopsis, the names and addresses of all firms which have been invited by NASA to submit proposals shall be furnished to the Department of Commerce for each proposed negotiated procurement which may result in an award of $100,000 or more where it would be in the Government's

interest or where subcontracting opportunities exist. A copy of each synopsis sent to the Department of Commerce shall be furnished to the Office of Procurement (Code: KD-2) and to the Office of Public Affairs, NASA Headquarters (Attention: Public Information Division) as required by this § 18-1.1003-2.

(b) Classified procurements, where the information necessary to be included in the Synopsis would disclose classified information or where the mere disclosure of the Government's interest in the area of the proposed procurement would violate security requirements, shall not be publicized in the Synopsis. All other classified procurements shall be publicized in the Synopsis, even though access to classified matter might be necessary in order to submit a proposal or to perform the contract (see § 18-1.10039(e) (3)). The intent of the exception for classified procurement in the synopsis requirements of Public Law 87-305 is not to exempt every classified procurement from publicizing, but to provide a safeguard against violating security requirements.

(c) The following need not be publicized in the Synopsis:

(1) See paragraph (b) of this section; (2) Procurement of perishable suhsistence supplies;

(3) Procurement of electric power or energy, gas (natural or manufactured), water or other utility services;

(4) Procurement (whether advertised or negotiated) which is of such urgency that the Government would be adversely affected by the delay involved in permitting the date set for receipt of bids, proposals, or quotations to be more than 15 calendar days from the date of transmittal of the synopsis or the date of issuance of the solicitation, whichever is earlier;

(5) Procurement to be made by an order placed under an existing contract;

(6) Procurement to be made from or through another Government department or agency, or a mandatory source of supply such as an agency for the blind under the blind-made products program;

(7) Procurement of personal or professional services to be negotiated under § 18-3.204;

(8) Procurement from educational institutions to be negotiated under § 183.205; and

(9) Procurement in which only foreign sources are to be solicited.