18-1.1312-1 18-1.1312-2 18-1.1318

18-1.1313-1 18-1.1313-2

18-1.1313-3

18-1.1313-4

18-1.1314

18-1.1315

18-1.1316

18-1.1350

Mode of transportation.

Transportation rates and related costs.

Use in evaluation of bids and proposals.

Source of transportation rates and related costs.

Section 22 of the Interstate Commerce Act.

General.

Application to commercial bills of lading.

Application to household goods. Penalty.

Insurance.

Loss and damage in transit. Prepaid transportation charges.

Charter of aircraft.

18-1.5204

Scope of subpart.

Policy.

Responsibility.

Hazardous materials and operations.

Contract provisions.

AUTHORITY: The provisions of this Part 18-1 issued under 42 U.S.C. 2473 (b) (1).

SOURCE: The provisions of this Part 18–1 appear at 35 F.R. 18803, Dec. 11, 1970, unless otherwise noted.

Subpart 18-1.1-Introduction

§ 18-1.100 Scope of subpart.

This subpart sets forth (a) introductory information pertaining to chapter 18 (its purpose, applicability, content, and arrangement), and (b) instructions for amending, implementing, disseminating, and deviating from the chapter.

§ 18-1.101 Purpose of this chapter.

This chapter, 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. § 18-1.102 Applicability.

This chapter 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.

This chapter is divided into parts, each one of which deals with a separate aspect of procurement; and each part is further subdivided into subparts, sections, and paragraphs.

§ 18-1.103-5 Dating contract clauses.

Contract clauses in this chapter 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 section is provided for insertion in a clause, the identifying date is shown in parentheses immediately following the text of the section. 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 chapter and the same clause printed in a NASA contract form, the clause published in this chapter shall govern. When a clause to be used in a contract represents a deviation from this chapter, a date will not be shown.

§ 18-1.103-6 Appendices and supple

ments.

(a) Policies and instructions concerned with procurement which, while directive, are essentially procedural in nature, will be published as appendices to this chapter when applicable to, or required by, substantially all users of and subscribers to this chapter. Such policies and instructions will be published as supplements to this chapter when they are not applicable to, or required by, substantially all users of and subscribers to this chapter.

(b) The numbering of appendices and supplements shall follow generally § 181.103-6 except (1) 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 section number, and (2) the pages shall be numbered consecutively.

§ 18-1.104 Content of chapter.

This chapter will contain policies and procedures relating to the procurement of property and services and is designed to achieve maximum uniformity throughout NASA. This chapter will be amended from time to time to set forth improved procedures which reduce con

tract 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 chapter. Such suggestions should be submitted through the Procurement Officer to the Procurement Office, NASA Headquarters (Code KDP-1).

§ 18-1.107 Dissemination and effective date of the chapter 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, U.S. 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 (1) as may be otherwise prescribed in the revision, and (2) 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.

§ 18-1.108 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 in

stallation 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:

(1) Be consistent with the policies and procedures contained in this chapter and the NASA Procurement Regulation Directives;

(2) To the extent practicable, follow the format, arrangement, and numbering system of this chapter;

(3) Contain no material which duplicates, paraphrases, or is inconsistent with the contents of this chapter.

(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:

(1) The basic publication prescribing the procurement operating instructions for his field installation; and

(2) Each change, revision, or amendment to such instructions, at the time of issuance.

§ 18-1.109

Deviations and other procurement publications.

§ 18-1.109-1 Applicability.

A deviation shall be considered to be any of the following:

(a) 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;

(b) 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;

(c) Omission of any mandatory contract clause constitutes a deviation;

(d) When a Standard, NASA, or other form is prescribed by NASA procurement regulations, use of any other form for the same purpose;

(e) Alteration of a Standard or NASA form except as authorized by NASA procurement regulations;

(f) When limitations are imposed by NASA procurement regulations upon the use of a contract clause, form, procedure, type of contract, or any other procure

§ 18-1.109-3

Requests for deviations.

Requests for authority to deviate from the provisions of this chapter 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:

(a) Identification of the NASA procurement regulation requirement from which a deviation is sought;

(b) A full description of the deviation and the circumstances in which it will be used;

(c) A description of the intended effect of the deviation;

(d) A statement as to whether the deviation has been requested previously, and, if so, circumstances of the previous request;

(e) The name of the contractor and identification of the contract affected, including the dollar value; and

(f) Detailed reasons supporting the request, including any pertinent background information which will contribute to a fuller understanding of the deviation sought.

(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 Subpart 18-16.9. 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.

(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 such bids to the Attorney General of the United States for appropriate action (see § 18-2.404-1(b) (6)). Similarly, evidence of such violations in negotiated procurements will be referred to the Attorney General (see § 18-3.215-2). Practices which are designed to eliminate competition or restrain trade and which may evidence possible violations of such laws include collusive bidding, follow-theleader pricing, rotated low bids, uniform estimating systems, sharing of the business, identical bids, or similar actions.

(b) When bids or proposals are received and, in the opinion of the contracting officer, are indicative of possible antitrust violations, he shall report such circumstances to the General Counsel, NASA Headquarters, through the Procurement Office (Code KDP-1). Reports of such bids or proposals should not be submitted automatically, but only when there is some reason to believe that those bids or proposals may not have been ar

rived at independently. Such reports shall be submitted with conformed copies of bids or proposals, contract documents, and other supporting data, and shall set forth:

(1) The noncompetitive pattern or situation under consideration;

(2) Purchase experience in the same product or service for a reasonable period of time (1 or more years) prior to the receipt of the bids or proposals under consideration, including unit and total contract price and abstracts of bids;

(3) Community of financial interest among bidders, insofar as it is known;

(4) The extent, if any, to which specification requirements or patents restrict competition;

(5) Information which may be available with respect to the pricing system employed in bids or proposals believed to reflect noncompetitive practices; and (6) Any other information considered pertinent.

(c) Evidence of noncompetitive bid practices which, in the opinion of the General Counsel, NASA Headquarters, may violate the antitrust laws shall be forwarded to the Attorney General of the United States.

(d) The reports required by this section are separate and apart from the reporting requirement contained in § 18-1.114.

§ 18-1.112 Relationship to ASPR and FPR.

(a) Since NASA is governed by the same procurement law as the Department of Defense (Chapter 137, Title 10, U.S.C.), and both agencies deal to a considerable extent with the same segment of industry, it is NASA policy to prescribe procurement regulations which, to the maximum practicable extent, are consistent with policies and procedures adopted by the Department of Defense in the ASPR.

(b) NASA and the General Services Administration have also reached agreement concerning the relationship between the FPR and the NASA Procurement Regulation. NASA has agreed to participate in the publication program established by the FPR system. Therefore, the NASA Procurement Regulation will be published in Chapter 18 of Title 41 of the Code of Federal Regulations and will utilize the numbering system employed by the FPR. § 18-1.113

Code of conduct.

§ 18-1.113-1

Government personnel.

(a) A number of Federal statutes prohibit certain acts by Government personnel and special Government employees as defined in 18 U.S.C. 202 in relation to procurement activities for the Government. Among these statutes are the following: (1) 18 U.S.C. 201 relating to bribes in order to secure a Government contract; (2) 18 U.S.C. 203 relating to compensation for services rendered in connection with any proceeding or claim in which the United States has an interest; (3) 18 U.S.C. 205 relating to acting as an agent or attorney for prosecuting any claim against the United States; (4) 18 U.S.C. 208 relating to transacting business as an officer or agent of the United States with firms of which such officer or agent, his spouse, minor child, or partner is an official or in which he has a pecuniary interest; and (5) of 18 U.S.C. 209 relating to compensation from non-Government sources in connection with Government services. These statutory prohibitions, and their application to NASA personnel, discussed in NASA Management Instruction 1910.1 "Conflict of Interest Statutes", NASA Management Instruction 1930.1 "Gifts and Gratuities", and NASA Management Instruction 1940.1 "Financial Interests and Investments". All NASA personnel involved in procurement actions shall become familiar with these statutory prohibitions. Any questions concerning them shall be referred to legal counsel. In addition to criminal penalties, the statutes provide that transactions entered into in violation of these prohibitions are voidable (18 U.S.C. 218).

are

quired from NASA or from industry, a particular company:

(1) Is given an unfair competitive advantage over other companies in respect to future NASA business;

(2) Is placed in a position to affect Government actions under circumstances in which there is danger that the company's judgment may be biased; or

(3) Otherwise finds that a conflict exists between the performance of work or services for the Government in an impartial manner and the company's own self-interest.

(b) It has been NASA's experience that conflicts of this type occur most frequently in circumstances where onsite contractors provide support services involving either (1) the preparation of specifications or statements of work to be incorporated into a solicitation of bids or proposals on subsequent procurements, or (2) access to the proprietary data of other companies. In such circumstances, the following clause shall be used in both the solicitation and the ensuing contract: LIMITATION ON FUTURE CONTRACTING (JULY 1971)

(a) It is agreed by the parties to this contract that the Contractor will be restricted in its future contracting with NASA to the manner described below. Except as specifically provided in this clause, the Contractor shall be free to compete for NASA business on an equal basis with other companies.

(b) If the Contractor, under the terms of this contract, or through the performance of tasks pursuant to this contract, is required to develop specifications or statements of work and such specifications or statements of work are to be incorporated into a solicitation, the contractor shall be ineligible to perform the work described within that solicitation as a prime or first tier subcontractor under an ensuing NASA contract. Such restrictions shall remain in effect for 3 years following the date of the initial solicitation. It is further agreed that NASA will not unilaterally require the Contractor to prepare such specifications or statements of work under this contract.

(c) To the extent that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and as long as such data remains proprietary or confidential, the Contractor shall protect such data from unauthorized use and disclosure and agrees not to use it to compete with such companies.