(a) The numbering system permits identification of every unit. The first digit represents the chapter assigned to NASA under Title 41 "Public Contracts" followed by a dash. This is followed by the part number (which may be one or more digits) followed by a decimal point. The numbers after the decimal point represent, respectively, the subpart; section (two digits); and, after the dash, subsection; paragraph; subparagraph; and further inferior divisions. For example, this division is called "§ 18-1.103-2" and denotes Chapter 18, Part 1, Subpart 1, Section 03, and Subsection 2.

(b) The numbering of individual sections is not necessarily consecutive and is designed to permit subsequent insertion of additional material where necessary.

Certain portions of the NASA Procurement Regulations contain cross-references to ASPR or the FPR, or both, for purposes of guidance or in order to incorporate by reference material in those regulations into the NASA Procurement Regulations. Where amendments are made in ASPR or FPR material which has been cross-referenced, such amendments shall be deemed to become applicable to NASA to the extent indicated in the cross-reference without further action being taken to amend the NASA Procurement Regulations.

§ 18-1.103-4 Citation.

These regulations shall be referred to as the NASA Procurement Regulations. For purposes of brevity, sections of the regulations are informally referred to as "NASA PR" followed by the section number; e.g., "NASA PR 18-1.103-4." Reference to subparts are shown as "NASA PR 18-1.1" and to parts as "this part 18-1" or "part 18-1 of the NASA PR." Formal citations, where required, will in

clude the title and chapter of the Code of Federal Regulations, as "41 CFR 181.103-4." Citations to the Armed Services Procurement Regulation are shown as "ASPR" followed by the paragraph number, as "ASPR 15-205." Citations to the Federal Procurement Regulations are shown as "FPR" followed by the chapter and section number, as "FPR 1-1.201." § 18-1.104-1.108 [Reserved]

§ 18-1.109 Deviations from NASA Procurement Regulations.

§ 18-1.109-1 Description.

(a) A deviation shall be considered to be any of the following:

(1) 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.

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

(3) Alteration of a Standard or NASA form except as authorized by NASA regulations.

(4) When limitations are imposed in 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.

(5) When a policy, procedure, method or practice of conducting procurement actions is prescribed in a NASA procurement regulation, any policy, procedure, method, or practice inconsistent therewith.

(6) When no forms or contract clauses are prescribed for a particular type of contract, use of forms or clauses not previously approved for that type of contract.

(b) The following are not considered deviations:

(1) Provisions or specifications which describe the property or services being procured, or the supplies or material being furnished to a contractor.

(2) Provisions establishing the time, place or method of furnishing or paying for property or services, unless their use has the effect described in paragraph (a) of this § 18-1.109-1.

(3) Provisions that enumerate special allowable items of cost, so long as the items are consistent with ASPR, Section XV (32 CFR Part 15), and the NASA Procurement Regulations.

§ 18-1.109-2 Approval of deviations.

Deviations from the NASA Procurement Regulations will be authorized only where it is 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 and Supply, NASA Headquarters, or his authorized representative, after coordination as to form and legality by the Office of General Counsel.

All requests for deviations shall be forwarded for approval to the Director of Procurement and Supply, NASA Headquarters (Attention: Procurement Committee), as far in advance as possible. Such requests shall clearly state the deviation desired, the reason such deviation is considered necessary or in the best interest of the Government, the contract and contractor affected, whether the deviation has been requested previously, and any pertinent background data which will contribute to a fuller understanding of the desired deviation. § 18-1.110-1.111 [Reserved]

(a) Since NASA is governed by the same procurement law as the Department of Defense (Chapter 137, Title 10, U.S. Code) 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 Regulations. NASA has agreed to participate in the publication program established by the FPR system. Therefore, portions of the NASA Procurement Regulations which require publication will be published in Title 41, Chapter 18

of the Code of Federal Regulations and will utilize the numbering system of the FPR system. Where appropriate, crossreferences to ASPR will also be accompanied by references to the pertinent portions of the FPR. However, in instances where policies or procedures set forth in ASPR differ from those prescribed by the FPR, NASA may adopt those set forth in ASPR. Where statutory provisions are applicable only to NASA, as in the area of patents, special NASA policies and procedures may be required.

§ 18-1.113 Code of conduct.

(a) A number of Federal statutes prohibit certain acts by Government personnel in relation to procurement activities for the Government. Among these statutes are the following:

(1) 18 U.S.C. 202 and 216 relating to bribes in order to secure a Government contract.

(2) 18 U.S.C. 281 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. 283 relating to acting as an agent or attorney for prosecuting any claim against the United States.

(4) 18 U.S.C. 1914 relating to compensation from nongovernmental sources in connection with Government services.

(5) 18 U.S.C. 434 relating to transacting business as an officer or agent of the United States with firms of which such officer or agent is an official or in which he has a pecuniary interest. All procurement personnel shall become familiar with these statutory prohibitions. Any questions concerning them shall be referred to the General Counsel.

(b) Aside from such statutory prohibitions, as set forth in paragraph (a) of this § 18-1.113, procurement personnel of NASA shall maintain the highest standard of conduct in connection with dealings on behalf of the Government. Such conduct must at all times be beyond reproach and must be such that each individual involved in NASA procurement activities would have no reticence in making a full public disclosure of all actions taken in connection with such activities.

Subpart 18-1.2—Definition of Terms Definitions. § 18-1.201

For purposes of the NASA Procurement Regulations the following terms