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RESPONSIBLE FROSPECTIVE CONTRACTORS

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Standards-Standards
Construction,

for

and

Froduction, Maintenance,
Research and Development Contracts. In addition to
the standards in 1.903-1, in procurement involving
production, maintenance, construction, or research
and development work (and in other procurement
appropriate), a prospective contractor must:

assurance

as

(i) have the necessary organization, experience, cperational controls and technical skills, or the ability to obtain them (including where appropriate, such elements as production control procedures, property control system and quality measures applicable to materials Froduced or services performed by the prospect ive contractor and subcontractors (see 1.903-4)); and (ii) necessary production, construction, and technical equipment and facilities, or the ability to obtain them. Where a prospective ccntractor proposes to use the

have

the

facilities or equipment cf ancther concern, not a subcontractor, or of his affiliate, all existing business arrangements, firm or contingent, for the use of such facilities or equipment shall be considered in determining the ability of the [rospective contractor to perform the contract: see also 1.904-2.

1.903-3 Special Standards. When the situation warrants, contracting officers shall develop with the assistance of technical personnel or other specialists, special standards of responsibility to be applicable to a particular procurement or class of procurements. Such special standards пау te particularly desirable when a history of unsatisfactory performance has demonstrated the need for insuring the existence of unusual expertise or specialized facilities necessary for adequate contract performance. The resulting standards shall form a part cf the solicitation and shall be applicable to all bidders or cfferors.

1.903-4 Ability to Meet Certain Minimum Standards. Except to the extent that a prospective contractor proposes to perform the contract ty subcontracting (see 1.906), acceptable evidence of his "ability to obtain" such things as resources, equipment, facilities, and personnel (see 1.903

NASA PROCUREMENT REGULATION

GENERAL PROVISIONS

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1(i), and 1.903-2)) generally shall normally be a commitment or explicit arrangement which will be in existence at the time the contract is to be awarded for the rental, purchase or acquisition of such resources, equipment, facilities, ΟΙ

fersonnel.

1.904 Determinations

Nonresponsibility.

of

Responsibility

and

1.904-1 Requirement. No purchase shall be made from, and no contract shall be awarded to, any person or firm unless the contracting officer first makes an affirmative determination that the prospective contractor is responsible within the meaning of 1.902. The signing of the contract by the contracting officer constitutes such a determination; therefore, he must assure himself that the applicable requirements of 1.903 are met before signing the contract or order. When a certificate of competency has been issued, the factors covered by the certificate of competency may be accepted by the contracting officer without further inquiry. When a bid or offer on which an award would otherwise be made is rejected because the Frospective contractor is found to be nonresponsible, determination of nonresponsibility

a

over,

shall be made, signed, and placed in the file. The determination of ronresponsibility shall set forth the basis of the determination. In making a determination of responsibility or nonresponsibility for purchase or contract awards of $100,000 and Ferformance data should be acquired and considered when the contracting officer deems it necessary. Supporting documents cr reports, including any Fre-award survey reports (see 1.905-4) and SBA certificate of competency (see 1.705-4), shall be included in the contract file.

1.904-2 Affiliated Concerns.

(a) Affiliated concerns (see 1.701-1 (c)) shall be considered as separate entities in determining whether the one of them which is to perform the contract meets the applicable standards for a responsible prospective contractor (but see 1.7011 with respect to status as a small business

concern).

CFR TITLE 41 CHAPTER 18

RESPONSIBLE PROSPECTIVE CONTRACTORS

(b) Notwithstanding the above, the record of performance and integrity of affiliated concern which may adversely affect the responsibility of the prospective contractor shall be considered by the contracting officer when making a determination of responsibility.

.

1.904-3 Procurements from Canadian Sources of Supply. Awards to Canadian sources of supply are subject to this Subpart 9. A Canadian firm Froposed by the Canadian Commercial Corporation (CCC) as its subcontractor generally shall be accepted by the contracting officer under the provisions of 1.906 as the basis for his determination under 1.904-1. In cases where the firm proposed by CCC is so accepted, pre-award survey forms need not be completed. When the CCC [roposal is not consistent with other information which may be available to the contracting officer, he shall request from CCC and any other sources whatever additional information or plant surveys he may deem necessary to make the determination of responsibility of sources proposed by CCC. Such additional data may be requested on the pre-award survey forms or on any other forms. Upon request, CCC shall te furnished an explanation of the reasons for rejection of its proposed firm.

1.905 Procedures for Determining Responsibility cf Prospective Contractors.

1.905-1 General.

Before

(a) making a determination of responsibility (see 1.904), the contracting officer shall have in his possession or ottain information sufficient to satisfy himself that a rospective contractor currently meets the minimum standards set forth in 1.903, to the extent that such standards are applicable to a specific

procurement.

(b) Maximum practicable use shall be made of currently valid information on file or within the knowledge of personnel in NASA. Each installation shall at such level and manner as it deems appropriate, maintain useful records and experience data for the guidance of contracting cf ficers in the placement of new procurement, and shall inform its contracting officers of the means cf access thereto. Notwithstanding this direction

NASA PROCUREMENT REGULATION

GENERAL PROVISIONS

contract administration offices shall maintain files of information reflecting upon the ability cf contractors to perform Government contracts successfully.

(c) Any purchasing office becoming aware of circumstances which, for any reason, casts doubt upon the ability of a contractor to perform contracts successfully, shall immediately advise the cognizant contract administration office. A contract administration office, upon being notified by a purchasing cffice of unfavorable information affecting a contractor under its cognizance, or upon developing unfavorable information during the course of contract administration activities, shall advise the cognizant contract administration offices of the cther NASA installations. When a contract administration office is requested to performa pre-award survey and it has been notified of the existence of unfavorable information relative to the contractor, it shall obtain the details including full supporting information. Careful and full consideration shall be given such information. If a contract administration office becomes aware of a prospective contract award to a contractor about whom unfavorable information exists and no pre-award survey has been requested, it shall (i) immediately notify the purchasing office concerned, and (ii) secure the details of such unfavorable information as if it were [erforming a pre-award survey and advise the purchasing office concerned. The purchasing office shall give full consideration to such advice in determining whether an award should be made.

(d) Generally, information necessary to make determinations of responsibility shall be obtained only concerning Frospective contractors within range for an award.

1.905-2 When Information Will Be Cbtained. Generally information regarding the responsibility cf a prospective contractor (including pre-award surveys (see 1.905-4) when deemed necessary) shall te obtained promptly after bid opening, or receipt cf proposals. However, in neg ctiated procurements, especially those involving research and development, such information may be obtained

CFR TITLE 41 CHAPTER 18

RESPONSIBLE PROSPECTIVE CONTRACTORS

before the issuance of requests for proposals. Notwithstanding the foregoing, information

regarding financial resources (see 1.903-1(i)) and performance capability (see 1.903-1 (ii)) shall be cbtained on as current a basis as feasible with relation to the date of contract award.

1.905-3 Sources of Information. Information regarding the responsibility of frospective contractors shall be sought among the following

sources:

(i) The Joint Consolidated List of Debarred, Ineligible, and Suspended Contractors (see 1.60 1) .

(ii) From the prospective contractor-including representations and other information contained in or attached to bids and proposals; replies to questionaires on financial data, such as balance sheets, Frofit and loss statements, cash forecasts, financial history of the contractor and affiliated concerns; current and past production records; personnel records; lists of tools, equipment, and facilities; written statements or commitments concerning financial assistance and subcontracting arrangements; and analyses of operational control procedures. Where it is considered necessary by the contracting officer to Frevent practices prejudicial to fair and open competition or for other reasons, prospective contractors may be required to submit affidavits concerning their ability to meet any of the ¤inimum standards set forth in 1.903 and company ownership and control (see 2.201-1(a) (23)).

(iii) Existing information within NASA and other Government Agencies-including records on file and knowledge of fersonnel within the procurement office making the procurement, other procurement offices, activities, contract administration offices, audit activities, and offices concerned with contract financing;

related

(iv) Publications-including credit ratings, trade and financial journals, business directories and registers;

Other

(v) sources-including suppliers, subcontractors and customers of the prospective contractor; banks and financial companies; commercial credit agencies; Government departments

NASA PROCUREMENT REGULATION

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