Page images


signer makes the certification provided in paragraph (b)(2) of the Certificate, provided that with respect to any blanket authorization given, (i) the procurement to which the Certificate applies is clearly within the scope of such authorization, and (ü) the person giving such authorization is the person responsible within the bidder's or offeror's organization for the decision as to the prices being bid or offered at the time the Certificate is made in a particular procurement.

(d) After the execution of an initial certificate and the award of a contract in connection therewith, the contractor need not submit additional certificates in connection with proposals submitted on "work orders” or similar ordering instruments issued pursuant to the terms of that contract, where the Government's requirements cannot be met from another source.

(e) The authority to make the determination described in paragraph (d) of the above certification shall be exercised by the head of the installation or his deputy.

(f) Where a certification is suspected of being false or there is indication of collusion, the matter shall be processed in accordance with paragraph 1.111. For rejection of bids which are suspected of being collusive and for the negotiation of procurements subsequent to such rejection, see 2.404-1(b)(vi) and 3.215–2.

[Next page is 111)

[ocr errors][ocr errors]



Subpart 2-Definition of Terms

1.201 Definitions. As used throughout this Regulation, the words and terms defined in this Subpart shall have the meanings set forth below, unless (i) the context in which they are used clearly requires a different meaning or (ii) a different definition is prescribed for a particular Part or portion thereof. 1.202 Administrator. "Administrator” means the Administrator or

“ Deputy Administrator of NASA.

1.203 Change Order. “Change order” means a written order signed by the contracting officer, directing the contractor to make changes which the Changes clause of the contract authorizes the contracting officer to order without the consent of the contractor. (See 16.103.)

1.204 Construction Contractor. “Construction contractor” means a person (or firm) who, before being awarded a contract, satisfies the contracting officer that he qualifies as one:

(i) who owns, operates, or maintains a place of business regularly en

gaged in the construction, alteration, or repair of buildings, struc-
tures, communication facilities, or other engineering projects,

including the furnishing and installing of necessary equipment; or
(ii) who, if newly entering into a construction activity, has made all

necessary prior arrangements for personnel, construction equipment,

and required licenses to perform construction work. 1.205 Contract Modification. "Contract modification” means any written alteration in the specification, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions of an existing contract, whether accomplished by unilateral action in accordance with a contract provision, or by mutual action of the parties to the contract. It includes (i) bilateral actions such as supplemental agreements, and (ii) unilateral actions such as change orders, administrative changes, notices of termination, and notices of the exercise of a contract option. (See 16.103.)

1.206 Contracting Officer. "Contracting Officer" means any person who, by appointment in accordance with procedures prescribed by this Regulation, is currently a contracting officer (see Part 1, Subpart 4) with the authority to enter into and administer contracts and make determinations and findings with respect thereto, or with any part of such authority. The term also includes the authorized representative of the contracting officer acting within the limits of his authority. For convenience of expression, a contracting officer, designated to perform specific duties relating to contract termination as his primary function (see 8.201), may be referred to as the termination contracting officer (TCO). It is recognized that a single contracting officer may be responsible for duties in any or all procurement areas, and reference in this Regulation to TCO does not of itself restrict in any way a contracting officer in the performance of any duty properly assigned.

1.207 Contracts. "Contracts” means all types of agreements and orders for the procurement of supplies or services. It includes awards and notices of award; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job orders, task orders, or task letters thereunder; letter contracts; and purchase orders. It also includes supplemental agreements with respect to any of the foregoing.

[ocr errors]


1.208 Director of Procurement. "Director of Procurement” means the Director of the Procurement Office, Office of Industry Affairs, NASA Headquarters. (Code: KD).

1.209 Executive Agency. “Executive agency' means any executive department or any independent establishment in the Executive Branch of the Government, including any wholly owned Government corporation, the National Aeronautics and Space Administration, and the Departments of the Army, Navy, and Air Force.

1.210 Federal Agency. "Federal agency" means any executive agency or any establishment in the Legislative or Judicial Branches of the Government (except the Senate, the House of Representatives, and the architect of the Capitol and any activities under his direction).

1.211 Field Installation. "Field installation" means Ames Research Center, Electronics Research Center, Flight Research Center, Goddard Space Flight Center, John F. Kennedy Space Center, Langley Research Center, Lewis Research Center, Manned Spacecraft Center, George C. Marshall Space Flight Center, NASA Pasadena Office, Wallops Station, and any other field installation hereafter established by NASA.

1.212 Field Procurement Office. “Field procurement office” means any NASA procurement office other than procurement offices at NASA Headquarters.

1.213 Government Instrumentality. "Government instrumentality" means any of the following:

(i) an instrumentality of the U.S. Government;
(ü) an agency or instrumentality of a State or local government,

possession, or Puerto Rico;
(iii) an agency or instrumentality of a foreign government.

1.214 Head of the Installation. “Head of the installation" means the Director (or other Head) of a field installation; the Director, Headquarters Administration Office (Code DH), and the Manager, AEC-NASA Space Nuclear Propulsion Office.

1.215 Head of the Agency. “Head of the agency' means the Administrator or Deputy Administrator of NASA.

1.216 Includes. "Includes" means "includes but is not limited to."

1.217 Installation. “Installation" means NASA Headquarters (including the AEC-NASA Space Nuclear Propulsion Office, Germantown, Md.) and field installations.

1.218 (Reserved]

1.219 May. "May” is permissive. However, the words “no person may ...” mean that no person is required, authorized, or permitted to do the act prescribed.

1.220 NASA. "NASA” means the National Aeronautics and Space Administration.

1.221 Negotiate and Negotiation. “Negotiate and negotiation,” when applied to the making of purchases and contracts, refer to making purchases and contracts without formal advertising.


1.222 Procurement Office, NASA Headquarters. Procurement Office, NASA Headquarters means the Procurement Office, Office of Industry Affairs, NASA Headquarters (Code KD).

1.223 Possessions. “Possessions” in a geographic sense includes the Virgin Islands, the Canal Zone, Swan Islands, Guantanamo Bay, Johnston Island, American Samoa, Guam, Wake Island, Midway Island, and the guano islands but does not include Puerto Rico, leased bases, occupied Japanese islands, or trust territories.

1.224 Procurement. “Procurement” includes purchasing, renting, leasing, or otherwise obtaining supplies or services. It also includes all functions that pertain to the obtaining of supplies and services, including description but not determination of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.

1.225 Procurement Office. "Procurement office" means the offices at NASA Headquarters and NASA field installations charged with the responsibility for making and administering purchases and contracts.

1.226 Procurement Officer. "Procurement officer" means the Head of a procurement office.

1.227 and 1.228 [Reserved]

1.229 Service Contractor. "Service contractor" means a person (or firm) who, before being awarded a contract, satisfies the contracting officer that he qualifies as one:

(i) who owns, operates, or maintains a place of business regularly

engaged in performing nonpersonal services, such as the repair, maintenance, or rebuilding of personal property; the packing, crating, or moving of material; the operation of equipment or facilities; the rental of equipment or facilities; or the performance of

administrative, professional, or technical functions; or (ii) who, if newly entering into a service activity, has made all necessary

prior arrangements for personnel, service equipment, and required

licenses to perform services.
1.230 Shall. “Shall” is imperative.
1.231 Small Business Concern. See 1.701-1.

1.232 Supplemental Agreement. “Supplemental agreement” means any contract modification which is accomplished by the mutual action of the parties. (See 16.103.)

1.233 Supplies and Property.

(a) “Supplies” or “Property" means all property except land or interests in land. It includes public works, buildings, and facilities; aircraft, missiles, satellites, and other aeronautical and space vehicles, together with related equipment, devises, components, and parts; machine tools; and the alteration or installation of any of the foregoing. “Supplies” as used in this Regulation is synonymous with "property" as described in 10 U.S.C. 2303(b).

(b) The terms "supplies” and “property" are used interchangeably in this Regulation unless otherwise specifically provided. These terms as used in this Regulation have the same meaning as the term "supplies” used in the Armed Services Procurement Regulation. The term “personal property and

[ocr errors][ocr errors][ocr errors][ocr errors]
« PreviousContinue »