DD Form 250c is the Continuation Sheet. § 18-16.867 DOD Property Record (DD Form 1342). The DOD Property Record (DD Form 1342) shall be used in accordance with the provisions of paragraph B.306-1 of Appendix B and paragraph C.306-1 of Appendix C. § 18-16.868 Letters of delegation. The forms set forth in this paragraph are prescribed for use, in accordance with the provisions of Subpart 18-51, 3, in requesting contract administration, audit, and other related support functions from another NASA installation or Government agency. [36 F.R. 21504, Nov. 10, 1971] § 18-16.868-1 Letter of Contract Administration Delegation, General (NASA Form 1430). NASA Form 1430 shall be used for the delegation and redelegation of contract administration functions to other Government agencies and NASA installations. [36 F.R. 21588, Nov. 11, 1971] § 18-16.868-2 Letter of Contract Administration Delegation, Special Instructions (NASA Form 1430A). NASA Form 1430A shall be used to provide special instructions to NASA Forms 1430 and 1432, when necessary. (See § 18-51.304(g).) [36 F.R. 21588, Nov. 11, 1971] § 18-16.868-3 Letter of Acceptance of Contract Administration Delegation (NASA Form 1431). NASA Form 1431 shall accompany NASA Form 1430 for use by the recipient contract administration office in evidencing acceptance of the delegation. [36 F.R. 21588, Nov. 11, 1971] § 18-16.868-4 Letter of Contract Administration Delegation-Termina tion (NASA Form 1432). NASA Form 1432 shall be used to delegate certain contract termination functions to the cognizant contract administration office when the NASA contracting officer has issued a Notice of Termination. [36 F.R. 21588, Nov. 11, 1971] § 18-16.868-5 Letter of Audit Delegation (NASA Form 1433). NASA Form 1433 shall be used to delegate contract audit functions to other Government audit agencies. (See § 1851.309 (c).) [36 F.R. 21588, Nov. 11, 1971] § 18-16.868-6 Letter of Request for Pricing-Audit Technical Evaluation Services (NASA Form 1434). NASA Form 1434 shall be used to request specific one-time services or information from other Government agencies when NASA Forms 1430, 1432, and 1433 are not appropriate. (See § 1851.314.) [36 F.R. 21588, Nov. 11, 1971] § 18-16.869 Contract file documentation and closeout forms. The forms set forth in this section are prescribed for use, in accordance with Supplement 2 of this chapter, in documenting and closing the files of completed contracts: (a) Contract Administration Completion Record (DD Form 1593); (b) Contract Completion Statement (DD Form 1594-NASA Edition); and (c) Contract Closeout Checklist (DD Form 1597-NASA Edition). [36 F.R. 25130, Dec. 29, 1971] Subpart 18-16.9-Procurement Action and Status Reports § 18-16.900 Scope of subpart. This Subpart 18-16.9 prescribes reports designed to provide records and statistics necessary for procurement management purposes and to serve as a basis for required recurring and special reports. § 18-16.901 Individual Procurement Action Report (NASA Form 507). The Individual Procurement Action Report (NASA Form 507) is designed to provide essential procurement records and statistics through a single uniform reporting program as a basis for required recurring and special reports to the President, the Congress, the Department of Labor, the Office of Emergency Preparedness, the General Accounting Office, the Renegotiation Board, the Small Business Administration, and other Federal agencies. The preparation and utilization of NASA Form 507 has been made an integral part of the agencywide system for the recording and reporting of financial and statistical data covering the status of Contracts and Grants (SCAG). Complete instructions covering the operation of this system are con tained in the NASA Financial Management Manual 9332-1-9332-13. § 18-16.902 Geographic distribution of NASA subcontracts (NASA Form 667). In order to obtain information relating to the geographic distribution of subcontracts awarded under certain NASA contracts, the following clause will be inserted in all NASA contracts of $500,000 or more and in all contracts where a modification increases the amount of a contract to $500,000 or more. In the latter instance, the clause will be inserted at the time of the applicable modification but will not be retroactive so as to require the reporting of subcontracts awarded prior to such modification. REPORT ON NASA SUBCONTRACTS (a) The Contractor agrees to submit information on NASA Form 667 to the National Aeronautics and Space Administration (Code: KD), Washington, D.C. 20546, substantially as follows with respect to each subcontract or modification thereof exceeding $10,000 as soon as possible after execution thereof: (1) The name and address of the prime contractor and the NASA prime contract number; (11) The name and address of the subcontractor; (iii) Whether the subcontractor is a large or small business concern; (iv) Whether the type of effort being performed involves research and development; (v) A brief description of the subcontract work; (vi) The amount of the subcontract; and (vii) The principal location where the subcontract work is to be performed, if known. (b) The Contractor and his subcontractors will submit negative reports annually, when applicable, on each prime contract and first-tier subcontract subject to this reporting requirement. The negative reports will be submitted not later than July 31 for the 12 months' period ending June 30th of each year. The negative reporting will be continued until the contract or subcontract has been physically completed and the National Aeronautics and Space Administration (Code KD), Washington, D.C. 20546, so notified by the contractor or subcontractor. (c) The term "subcontract" as used herein means procurement in excess of $10,000 by the Contractor or first-tier subcontractor of articles, materials, or services entering into the performance of this contract, except purchases, regardless of amount, of stock items, materials, or services which cannot be specifically identified with this contract. (d) The term "research and development" as used herein means basic and applied research, and design and development of prototypes and processes to (1) pursue a planned search for new knowledge, with or without reference to a specific application, (2) apply existing knowledge in the creation of new products or processes and (3) apply existing knowledge in the improvement or modification of present products and processes. It excludes subcontracts for the purchase of standard commercial items and services. (e) The Contractor further agrees to insert the provisions of paragraphs (a), (b), (c) and (d) of this clause in each subcontract in excess of $50,000. The Contractor will instruct his subcontractors to submit their reports directly to the National Aeronautics and Space Administration (Code: KD), Washington, D.C. 20546, and will provide his subcontractors with the number of the NASA prime contract. [36 F.R. 21504, Nov. 10, 1971] § 18-16.903 NASA small business subcontracting program quarterly report (NASA Form 524). This report is designed to furnish statistics on the extent to which small business concerns are performing work or services as subcontractors under NASA prime contracts through implementation of the "Small Business Subcontracting Program." Complete instructions covering the preparation and submissions of this report are provided on the face of the report form. [36 F.R. 21504, Nov. 10, 1971] Sec. 18-17.109 18-17.110 Records and reports. Interdepartmental coordination. AUTHORITY: The provisions of this Part 18-17 issued under 42 U.S.C. 2473 (b) (1). SOURCE: The provisions of this Part 18-17 appear at 36 F.R. 15588, Aug. 17, 1971, unless otherwise noted. § 18-17.000 Scope of part. This Part 18-17 establishes standards and procedures for the disposition of requests for extraordinary contractual adjustments by contractors of the National Aeronautics and Space Administration (hereinafter referred to as "NASA" or the "Administration") pursuant to the Act of August 28, 1958 (Public Law 85-804; 50 U.S.C. 1431-35) (hereinafter referred to as "the Act"), and Executive Order No. 10789, dated November 14, 1958 (23 F.R. 8897) (hereinafter referred to as "the Executive Order"). It does not extend to advance payments or the socalled "residual powers" under the Act. § 18-17.101 Authority. (a) The Act empowers the President to authorize Departments and agencies exercising functions in connection with the national defense to enter into contracts or into amendments or modifications of contracts and to make advance payments, without regard to other provisions of law relating to the making, performance, amendment, or modification of contracts, whenever he deems that such action would facilitate the national defense. (b) The Executive Order authorizes the Administrator of NASA (hereinafter referred to as "the Administrator"), to exercise the authority conferred by the Act, and to prescribe regulations for the carrying out of such authority. (c) NASA Management Instruction 1152.5, "Contract Adjustment Board," establishes the Contract Adjustment Board (hereinafter referred to as "the Board") to consider and dispose of requests for extraordinary contractual adjustments by NASA contractors. § 18-17.102 General policy. The authority conferred by the Act shall be utilized primarily as an aid to procurement but shall not be utilized so as to encourage carelessness and laxity on the part of contractors or NASA personnel, nor be relied upon by NASA where other adequate legal authority exists. The actions authorized under the The mere fact that losses occur under a Government contract is not, by itself, a sufficient basis for the exercise of the authority conferred by the Act. Whether, in a particular case, appropriate action (such as amendment without consideration, correction of a mistake or ambiguity in a contract, or formalization of an informal commitment) will facilitate the national defense is a matter of sound judgment to be made on the basis of all of the facts of the case. Although it is obviously impossible to predict or enumerate all types of cases with respect to which action may be appropriate, examples of cases or types of cases where action may be proper are set forth in §§ 18-17.103-2, 18-17.103-3, and 18-17.103-4. Even if all of the factors contained in any of the examples are present, other factors or considerations in a particular case may result in a denial of the request. These examples are not intended to exclude other cases where the Board determines that the circumstances warrant action. § 18-17.103-2 Amendments without consideration. (a) Where an actual or threatened loss under a Government contract, however caused, will impair the productive ability of a contractor whose continued operation as a source of supply is found to be essential to the national defense, the contract may be adjusted, but only to the extent necessary to avoid such impairment to the contractor's productive ability. (b) Where a contractor suffers a loss (not merely a diminution of anticipated profits) on a Government contract as a result of Government action, the character of the Government action will generally determine whether any adjustment in the contract will be made and its extent. Where the Government action is directed primarily at the contractor and is taken by the Government in its capacity as the other contracting party, the contract may be adjusted if fairness so requires; thus, where such Government action, although not creating any liability on the part of the Government, increases the cost of performance, considerations of fairness may make some adjustment in the contract appropriate. § 18-17.103-3 Mistakes. A contract may be amended or modified to correct or mitigate the effect of a mistake. Examples of cases where such action may be appropriate include the following: (a) A mistake or ambiguity which consists of the failure to express or to express clearly in a written contract the agreement as both parties understood it; (b) A mistake on the part of the contractor which is so obvious that it was or should have been apparent to the contracting officer; and (c) A mutual mistake as to a material fact. Amending contracts to correct mistakes with the least possible delay normally will facilitate the national defense by expediting the procurement program and by giving contractors proper assurance that such mistakes will be corrected expeditiously and fairly. § 18-17.103-4 Informal commitments. Informal commitments may be formalized under certain circumstances to permit payment to persons who have taken action without a formal contract; for example, where any person, pursuant to written or oral instructions from an official of NASA and relying in good faith upon the apparent authority of the official to issue such instructions, has arranged to furnish or has furnished property or services to NASA or to a Government contractor or subcontractor without formal contractual coverage for such property or services. Formalization of commitments under such circumstances normally will facilitate the national defense by assuring such persons that they will be treated fairy and paid expeditiously. § 18-17.104 Limitations upon deciding cases. (a) The Act is not authority for: (1) The use of the cost-plus-a-percentage-of-cost system of contracting; (2) The execution of any contract in violation of existing law relating to limitation of profit or fees; (3) The negotiation of purchases of or contracts for property or services required by law to be procured by formal advertising and competitive bidding; Any person or company seeking an adjustment under the standards set forth in 18-17.103 (hereinafter called the "contractor") may file a request in duplicate with the cognizant contracting officer or his duly authorized representative. If such filing is impracticable, requests will be deemed to be properly filed if filed with the Board or the Administrator for forwarding to the cognizant contracting officer. § 18-17.105-2 Form of requests. The contractor's request shall normally consist of a statement, dated and signed by the contractor, containing as a minimum the following information: (a) A chronological narrative of the essential facts, showing in detail the chain of events leading up to the request; (b) The contractor's conclusions based on such facts, showing in terms of the standards set forth in § 18-17.103 and the limitations set forth in § 18-17.104 why the contractor considers himself entitled to the adjustment requested; (c) The precise adjustment requested, showing how it was formulated or computed and the consequences of granting or denying the request, including whether any proceeds from the request, if granted, will be subject to any assignment or other transfer, and to whom; (d) If a written contract is involved, a statement of the contractor's understanding of why the subject matter of the request cannot now and could not at the time it arose be disposed of under the terms of the contract itself; (e) If a written contract is involved, a complete copy of or a brief description of the contract, indicating the dates of execution and amendments thereto, the items being procured, the price or prices, the delivery schedule or revisions thereof, and such other special contractual provisions as may be relevant to the request; (f) If a written contract is involved, whether all obligations, including final payment under the contract have been discharged; and (g) Whether the contractor has sought the same, or a similar or related, adjustment from the General Accounting Office or any other agency of the Government, or anticipates doing so. § 18-17.105-3 Additional facts and evidence. (a) General. The cognizant contracting officer, or the Contract Adjustment Board, may, where considered pertinent, request the contractor to furnish additional facts and evidence in support of his request, of the nature set forth below. In complying with such requests, the contractor may also submit other statements and evidence which he may consider helpful to his case: (1) The best evidence available to the contractor in support of any facts alleged by the contractor, including contemporaneous memoranda, correspondence, affidavits, and any other material tending to establish matters of fact; (2) A history of performance indicating when work under the contracts or commitments was begun, the progress made to the present, an exact statement of the contractor's remaining obligations, and the contractor's expectations regarding completion thereof; (3) A statement of payments received, payments due, and payments yet to be received or to become due, including advance and progress payments and amounts withheld by the Government, and information as to other obligations of the Government, if any, which are yet to be performed under the contract; (4) A statement giving a detailed analysis of the monetary elements of the request, including precisely how the actual or estimated dollar amount of the request was arrived at, the effect of approval or denial on the contractor's profits before Federal income taxes, and whether the costs for which reimbursement is requested have been included as a part of his gross costs in statutory renegotiation proceedings, together with the contractor's renegotiation status for the relevant years; (5) Relevant financial statements, cost analyses, or other such data, preferably certified by a certified public accountant, including such additional financial data as is necessary to explain fully and to support the monetary elements of the request for adjustment; (6) A list of persons (in the employ of the Government, in the employ of the contractor, or otherwise connected with the contract) who have some factual knowledge of the subject matter, including, where possible, the name, office or title, address, and telephone number of each such person; (7) A statement and evidence of steps taken to mitigate loss and reduce claims to a minimum; and (8) Such other statements or evidence as may be requested. (b) Amendments without consideration under § 18–17.103–2(a). In addition to the facts and evidence enumerated in paragraph (a) of this section where a request involves possible amendment without consideration, and “essentiality” is a factor, the contractor may be asked to furnish: (1) A statement and evidence of the contractor's original breakdown of estimated costs, including contingency allowances and profit; (2) A statement and evidence of the contractor's present estimate of total costs under the contracts involved if enabled to complete, broken down between costs accrued to date of request and runout costs, and between costs for which the contractor has made payment and those for which he is indebted at the time of the request; (3) A statement and evidence of the contractor's estimate of the final price of the contracts involved, giving effect to all escalation, changes, extras, and the like, known or contemplated by the contractor; |