A completed contract is one which is both physically and administratively complete and in which all aspects of performance by the contractor have been either accomplished or formally waived. A contract is physically complete only after all articles and services called for under the contract have been delivered to and formally accepted by the Government, including those articles and services for which no specific compensation may have been stipulated. A contract is administratively complete when all payments have been made and all administrative actions accomplished.

§ 24-51.503 Closing checklist.

(a) The closing review is for the purpose of verifying that all actions necessary to complete the contract have been consummated and fully documented. When the review indicates that the contract may be incomplete in any respect, the circumstances shall be investigated to determine whether some necessary action has been omitted. Where prior actions have been taken but not documented, or are incompletely documented, a closing memorandum, which will summarize all prior actions, will be prepared and will reflect the proper documentation. When a contractual matter remains in an open status, completion action shall be initiated to the extent feasible.

(b) The following list represents the more significant items of contract closing which are to be treated in the closing memorandum. The closing memorandum shall be retained in the contract file. The order in which this list is presented is not significant.

(1) Determine the status of deliveries and billings and prepare a reconciliation of differences in billings and payments.

(2) Verify that all contract changes have been incorporated in the contract by modification.

(3) Ensure that adequate documentation exists to evidence receipt and formal acceptance of all contract items.

(4) Verify the proper disposition of Government furnished property.

(5) Verify that price revision, when called for, has been accomplished and examine the adequacy of supporting data.

(6) Verify that consent to subcontracts has been obtained in all instances required by the contract.

(7) Ensure that advance or progress payments have been liquidated and that action has been initiated to recover any overpayments.

(8) Ensure that in all instances where other Government agencies are involved that closing actions are coordinated.

(9) Ensure that the contractor has been alerted to the contract requirement for the maintenance and retention of books and records.

(10) Confirm that appropriate and fully documented action was taken with respect to violations of standard contract clauses based on acts of Congress or Executive orders concerning labor laws, equal employment opportunity, contingent fees, domestic articles, officials not to benefit, etc., or in lieu thereof that the file contains a memorandum that cognizant administrative personnel know of no such violation.

(11) Ascertain whether any questions arose regarding exemptions from Federal or State tax laws and ensure that such questions have been properly resolved.

(12) Examine the contract and contract files to ascertain the possible existence of pending disputes, contingent liabilities, or circumstances out of which future claims or litigation might arise, potential credits, or refunds or other future recoveries. Ensure that adequate reserves have been set aside to provide for contingent liabilities. Maintain suspense and follow up on any matters which remain unresolved. Coordinate with legal and audit personnel where appropriate.

(13) Determine that all administrative reviews and approvals have been accomplished and documented.

(14) Review all notices of cost suspension or disallowance to determine that the issues have been resolved.

(15) Determine that all reports required by clauses relating to patents,

inventions, royalties, copyrights, and publication have been received.

(16) Determine that all required data have been delivered.

(17) Ensure that all investigations and reports to the General Accounting Office have been completed and documented.

(18) Confirm that assignment and subrogation have been accomplished in favor of the Government in connection with all contractor's rights and claims, other than those against the Government, pursuant to contract terms.

(19) Determine that final audit of cost reimbursement contracts has been completed and that a copy of the audit report is included in the file.

(20) Establish that the final voucher for cost reimbursement contracts is supported by the necessary cumulative claim and reconciliation, assignment of refunds, rebates, credits and other amounts, and final release of claims by the contractor.

(21) Ensure that an evaluation of the contractor's performance has been made and that a copy is retained in the contract file.

§ 24-51.504

Special considerations.

(a) In the absence of full performance and compliance with all contract terms, as disclosed by the closing review, the contract file shall be examined to ensure that the documentation contained therein adequately reflects that proper action has been taken with respect to omissions, waivers, deviations, etc.

(b) Under appropriate circumstances, a contract may be treated as complete (when complete in all other respects) notwithstanding the existence of one or more unresolved contingencies. The determination that such contract will be closed will be made by the contracting officer. The contract file shall be fully documented by memoranda detailing the circumstances connected with the open item(s). No closing action shall be taken when:

(1) A matter awaiting disposition may be anticipated to have a significant impact on performance or consideration;

or

(2) Complete disposition may call for substantive action on the part of the Government.

Part

25-1 General.

25-30 Contract financing.

25-50 Special authorities.

The NSF Procurement Regulations are prescribed by the Director of the National Science Foundation, pursuant to the authority of the National Science Foundation Act of 1950, as amended, 42 U.S.C. 1861-1875, title IX of the National Defense Education Act of 1958, 42 U.S.C. 1876-1879, the National Sea Grant College and Program Act of 1966, 33 U.S.C. 1121-1124, and the Federal Property and Administrative Services Act of 1949, 63 Stat. 377, as amended.

§ 25-1.104 Applicability.

Except where a deviation is specifically authorized in accordance with § 251.109 or otherwise authorized by law, the FPR and the NSFPR govern NSF procurement of personal property and of nonpersonal services. To the extent other NSF regulations affecting procurement are not inconsistent with these regulations they will remain in effect until such time as they are rescinded, lapse or are incorporated in NSFPR.

§ 25-1.105 Exclusions.

A procurement policy or procedure which bears a security classification or is expected to be in effect for less than six months or which is instituted on an experimental basis will not be included in NSFPR. Detailed instructions to NSF

(a) The NSF Procurement Regulations employ the same numbering system and nomenclature used in the Federal Procurement Regulations and conform with FEDERAL REGISTER standards approved for the FPR.

(b) Where the NSFPR implements a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of the NSFPR will be numbered and captioned to correspond to the FPR part, subpart, section, or subsection.

(c) Where the NSFPR supplements the FPR, the numbers 50 and up will be assigned to the parts, subparts, or sections involved.

(d) Where the subject matter contained in a part, subpart, section, or subsection of the FPR requires no implementation, the NSFPR will contain no corresponding part, subpart, section, or subsection number.

§ 25-1.108 Implementation and supplementation.

The NSF Procurement Regulations "implement" and "supplement" the FPR. The meaning of these terms includes the following:

(a) Implementation may have either of the following meanings:

(1) A part, subpart, section, etc., which treats a similarly numbered portion of the FPR in greater detail or indicates the manner of compliance, including any deviations.

(2) The absence of a corresponding part, subpart, section, etc., in the NSFPR indicates that the FPR is applicable as

written. Policies and procedures in the FPR are not repeated in the NSFPR.

(b) Supplementation means NSFPR coverage of matters which have no counterpart in the FPR.

§ 25-1.109 Deviation.

§ 25-1.109-1 Description.

The term "deviation” includes any of the following actions:

(a) When a prescribed contract clause is set forth verbatim, use of a contract clause covering the same subject matter which varies from that set forth.

(b) When a standard or other form is prescribed, use of any other form for the same purpose.

(c) Alteration of a prescribed standard or other form, except as may be authorized in the regulations.

(d) The imposition of lesser or, where the regulation expressly prohibits, greater limitations than are imposed upon the use of a contract clause, form, procedure, type of contract, or upon any other procurement action, including but not limited to, the making or amendment of a contract, or actions taken in connection with the solicitation of bids or proposals, award, administrative, or settlement of contracts.

(e) When a policy or procedure is prescribed, use of any inconsistent policy or procedure.

In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the FPR and NSFPR shall be kept to a minimum and controlled as follows:

(a) In individual cases, deviations from the FPR and NSFPR may be authorized by the Deputy Director. This authority may not be redelegated.

(1) A supporting statement for each individual deviation, which indicates briefly the nature of the deviation and the reasons for such special action shall be included in the contract file.

(b) In classes of cases, requests for deviations from the FPR and NSFPR shall be forwarded to the Deputy Director and shall be accompanied by an appropriate supporting statement.

(c) If a requested deviation is considered appropriate, approval will be accomplished as follows:

(1) Where the deviation applies to an individual case, approval will be granted by memorandum addressed to the Contracting Officer. The contract file shall

The NSF legislation provides that advance, progress, or other payments which relate to scientific activities or scientific information may be made without regard to the Provisions of section 3648 Revised Statutes (31 U.S.C. 529). Advance payments may be made in any amount not exceeding the contract price, provided (a) the amount of the advance payment is based upon an analysis of the financing required by the contractor for the contract and does not exceed reasonable financial requirements between payments, and (b) such advance payment is appropriate in order to contract for the required work.

(42 U.S.C. 1861-1875, 1876-1879; 33 U.S.C. 1121–1124; 63 Stat. 37, as amended; 41 U.S.C. 201 note) [34 F.R. 1440, Jan. 30, 1969]

PART 25-50-SPECIAL AUTHORITIES

Subpart 25-50.1-Additional
Authorities

§ 25-50.101 Additional authority of the National Science Foundation.

The Foundation has special authority under the National Science Foundation Act, as amended, 42 U.S.C. 1861-1875, title IX of the National Defense Education Act, 42 U.S.C. 1876-1879, and the National Sea Grant College and Program Act, 33 U.S.C. 1121-1124. For example, the Foundation has authority:

(a) To enter into and amend contracts, for the carrying on of scientific activities and science information activities, without advertising, without legal consideration and without performance or other bonds;

(b) To publish or arrange for the publication of scientific and technical information (permitting exceptions from certain Government Printing Office procedures);

(c) To prescribe, with the approval of the Comptroller General, special accounting procedures;

(d) To acquire by purchase, lease, loan, gift, or condemnation, and to hold and dispose of by grant, sale, lease, or loan, real and personal property of all kinds necessary for, or resulting from, the exercise of authority granted by the National Science Foundation Act or the National Defense Education Act.

(42 U.S.C. 1861-1875, 1876-1879; 33 U.S.C. 1121-1124; 63 Stat. 37, as amended; 41 U.S.C. 201 note) [34 F.R. 1440, Jan. 30, 1969]