ᏢᎪᎡᎢ 1 GENERAL PROVISIONS Subpart 1-Introduction 1.100 Scope of Subpart. This Subpart sets forth (i) introductory information pertaining to the Regulation (its purpose, applicability, content, and arrangement), and (ii) instructions for amending, implementing, disseminating, and deviating from the Regulation. 1.101 Purpose of Regulation. This Regulation, 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. 1.102 Applicability of Regulation. This Regulation 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. 1.103 Arrangement of Regulation. 1.103-1 General Plan. The Regulation is divided into Parts, each one of which deals with a separate aspect of procurement; and each Part is further subdivided into Subparts and paragraphs. 1.103-2 Numbering. The numbering of individual paragraphs and pages is not necessarily consecutive, and is designed to permit subsequent insertion of additional paragraphs and pages within the appropriate Part and Subpart. The number of a particular paragraph indicates the Part and Subpart where it is set forth, and also indicates whether it is subordinate to a preceding paragraph. The first portion of a paragraph number indicates the Part, and the first digit of the second portion (preceded by a decimal) indicates the Subpart, in which the particular paragraph is set forth; thus, paragraph 1.109 indicates Part 1, Subpart 1, paragraph 9. When the number of a paragraph ends with a digit preceded by a dash (as 1.109-2), this indicates that it is a part of the basic paragraph (as 1.109). The scope of any Part, when given, will be set forth in a separate introductory paragraph, the second portion of which number will be 000 (as 9.000); and the scope of any Subpart, when given, will be set forth in a separate paragraph at the beginning of that Subpart but with the second portion of its numbering being 100, 200, 300, etc., depending on the number o the Subpart (for example, paragraph 1.100 sets forth the scope of Subpart 1 of Part 1). The first digit of the number of a particular page indicates the Part to which the page relates. 1.103-3 Cross References. Unless specifically stated otherwise, cross references in this Regulation indicate paragraphs, subparts, or parts of this Regulation. 1.103-4 Citation. This Regulation shall be referred to as the NASA Procurement Regulation, and any paragraph may be cited as "NASA PR" followed by the paragraph number. Thus, this paragraph would be cited as "NASA PR 1.103-4" but, within this Regulation, it will be cited as 1.103-4. GENERAL PROVISIONS Formal citations will include the title and chapter of the Code of Federal Regulations (see 1.112). Thus, a formal citation to this paragraph would be "41 CFR 18-1.103-4." 1.103-5 Dating Contract Clauses. Contract clauses in the Regulation are identified by showing the month and year of issuance of the clause, as most recently revised, in parentheses immediately after the title, e.g., EXAMINATION OF RECORDS (OCTOBER 1969). Where an alternative paragraph is provided for insertion in a clause, the identifying date is shown in parentheses immediately following the text of the paragraph. In contract forms using NASA PR clauses, each clause will be shown with its identifying date in the manner prescribed above, except that Standard Forms are not subject to this requirement. When an inconsistency exists between a contract clause published in this Regulation and the same clause printed in a NASA contract form, the clause published in this Regulation shall govern. When a clause to be used in a contract represents a deviation from this Regulation, a date will not be shown. 1.103-6 Appendices and Supplements. (a) Policies and instructions concerned with procurement which, while directive, are essentially procedural in nature, will be published as appendices to this Regulation when applicable to, or required by, substantially all users of and subscribers to this Regulation. Such policies and instructions will be published as supplements to this Regulation when they are not applicable to, or required by, substantially all users of and subscribers to this Regulation. (b) The numbering of appendices and supplements shall follow generally 1.103-6 except (i) appendices shall be identified by a capital letter and supplements by the letter "S" followed by the number of the supplement and such identification shall be the first portion of the paragraph number, and (ii) the pages shall be numbered consecutively. 1.104 Content of Regulation. This Regulation will contain policies and procedures relating to the procurement of property and services and is designed to achieve maximum uniformity throughout NASA. This Regulation will be amended from time to time to set forth improved procedures which reduce contract preparation time, simplify and standardize contract forms, and improve the contracting process. Procurement personnel are encouraged to submit suggestions, based on operating experience, for improving and simplifying the procedures set forth in this Regulation. Such suggestions should be submitted through the Procurement Officer to the Procurement Office, NASA Headquarters (Code KDP-1). 1.105 Amendment of Regulation. (a) Revisions. This Regulation will be amended by issuance of printed loose-leaf "Revisions" containing revised or additional pages, Parts, Subparts, or paragraphs. Each revised or new page of the revision will bear, at the top, the date of the revision and the revision number. The code set forth below will be used in the margins of new or revised pages to specify the lines upon or between which changes have been made or new material inserted: -Line upon which a change begins and ends. (b) Procurement Regulation Directives. Procurement Regulation Directives, supplementary to this Regulation, shall be published as often as may be necessary or advisable for distribution to all recipients of this Regulation. Material will be published in Procurement Regulation Directives under any of the following circumstances: (i) to promulgate as rapidly as possible selected material revising this Regulation, in advance of a Revision to this Regulation; (ii) to disseminate material applicable to procurement which is not suitable for insertion in this Regulation but which may have the effect of a directive to, or be of importance and interest to its recipients; and (iii) when the policy and procedure is expected to be effective for a period of one (1) year or less. Procurement Regulation Directives will be numbered consecutively on a calendar year basis beginning with number 1 prefixed by the last two digits of the calendar year, e.g., 70-1; 70-2; 70-3, etc. 1.106 [Reserved] 1.107 Dissemination and Effective Date of the Regulation 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 office, and NASA field installation, to the Procurement Office, NASA Headquarters (Code KDP-1). (b) Heads of field installations will ensure that copies of the NASA Procurement Regulation are distributed to all interested 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, United States Government Printing Office, Washington, D.C., 20402. (d) Compliance with a revision to the NASA Procurement Regulation shall be permissive effective with the date of issuance thereof, and shall be mandatory effective 60 days thereafter, except (i) as may be otherwise prescribed in the revision, and (ii) 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 amendment would unduly delay the procurement action. GENERAL PROVISIONS 1.108 Field Installation Instructions and Implementations of the NASA Procurement Regulation. (a) Heads of NASA field installations may implement the NASA Procurement Regulation by prescribing for their installation detailed procurement operating instructions, delegations of authority, and assignment of responsibilities which they deem essential for the efficient performance of their procurement function. Such instructions shall: (i) be consistent with the policies and procedures contained in this (iii) contain no material which duplicates, paraphrases, or is inconsistent (b) The Head of each NASA installation shall furnish the Procurement Office, NASA Headquarters (Code KDP-1) three copies and the cognizant Institutional Director one copy of: (i) the basic publication prescribing the procurement operating instructions for his field installation; and (ii) each change, revision, or amendment to such instructions, at the time of issuance. 1.109 Deviations From This Regulation and Other Procurement Publications. 1.109-1 Applicability. A deviation shall be considered to be any of the following: (i) 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; (ii) when a contract clause is set forth in NASA procurement regulations but not for use verbatim, use of a contract clause covering the same subject matter which is inconsistent with the intent, principle and substance of the NASA procurement regulation clause or related coverage of the subject matter; (iii) omission of any mandatory contract clause constitutes a deviation; (iv) when a Standard, NASA, or other form is prescribed by NASA procurement regulations, use of any other form for the same purpose; (v) alteration of a Standard or NASA form except as authorized by NASA procurement regulations; (vi) 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 (vii) 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. INTRODUCTION 1.109-2 Approval of Deviations. Deviations from NASA procurement regulations will be authorized only when essential to effect necessary procurement or where special circumstances make such deviations clearly in the best interest of the Government. Such deviations will be approved only by the Director of Procurement, or his authorized representative. 1.109-3 Requests for Deviations. Requests for authority to deviate from the provisions of this Regulation and other procurement publications shall be submitted to the Procurement Office, NASA Headquarters (Code KDP-1). Such requests shall be signed by the Procurement Officer or his deputy. Such requests shall be submitted as far in advance as the exigencies of the situation will permit. Each request for a deviation shall contain as a minimum: (i) identification of the NASA procurement regulation requirement from which a deviation is sought; (ii) a full description of the deviation and the circumstances in which it will be used; (iii) a description of the intended effect of the deviation; (iv) a statement as to whether the deviation has been requested previously, and, if so, circumstances of the previous request; (v) the name of the contractor and identification of the contract affected, including the dollar value; and (vi) detailed reasons supporting the request, including any pertinent background information which will contribute to a fuller understanding of the deviation sought. 1.109-50 Modification to Existing Contracts for New Procurement. When an existing contract is modified to add new procurement, approval of the deviations previously granted for the existing contract must be obtained for the modification as though the modification were a new contract. New procurement for the purpose of this paragraph shall be considered any action which requires the citation of an authority to negotiate. An information copy of each request for deviation shall be furnished the cognizant Program Director. 1.110 Reports of Contracts. (a) Special reports concerning NASA contracts prescribed by NASA Headquarters are designed to meet statutory and other Congressional requirements, requirements of other Federal agencies, and to provide all levels of management with data on which to formulate procurement policy as well as to determine the extent of compliance with prescribed policy. (b) Basic recurring reports are set forth in Part 16, Subpart 9. The statistics furnished in these reports are also used in the preparation of reports furnished to the President, the Congress, other Federal agencies, and management within NASA. The accuracy, completeness, and timeliness of all reports are fully dependent on careful preparation and prompt submission. 1.111 Reports of Noncompetitive Practices. (a) Unless bids or proposals are genuinely competitive, contract prices tend to be higher than they should be. If the Administrator, NASA, or his representative considers that any bid received after formal advertising evidences a violation of the antitrust laws, he is required by 10 U.S.C. 2305(d) to refer |