GENERAL PROVISIONS

and agencies; purchasing and trade associations; better business bureaus and chambers of commerce.

1.905-4 Pre-Award Surveys,

(a) General. A pre-award survey is an evaluation by a NASA installation or a contract administration office (DCASR, AFPRO, etc.) of a prospective contractor's capability to perform under the terms of a proposed contract. Such evaluation shall be used by the contracting officer in determining the prospective contractor's responsibility. The evaluation may be accomplished by use of (i) data on hand, (ii) data from cther Government agency or commercial source, (iii) an on-site inspection of plant and facilities to be used for performance on the proposed contract or (iv) any combination of the above. Pre-award surveys shall be requested and conducted in accordance with Appendix K, "Pre-Award Survey Procedures."

(b) Circumstances Under which Performed. A pre-award survey shall be required when the information available to the procurement office is not sufficient to enable the contracting officer to make a determination regarding the responsibility of a prospective contractor (but see (c) below.) The contracting officer shall request a pre-award survey on Pre-Award Survey of Cfferor-General (DD Form 1524) in the detail commensura te with the dollar value and complexity of the procurement. A pre-award survey should not be requested for a procurement valued at $25,000 or less, Except where risk associated with any factor is judged ty the contracting officer to warrant the cost cf a pre-award survey, or where the case requires referral to the SEA for possible Certificate of Competency action, in accordance with 1.705-4. If during the performance of a pre-award survey, the applicable contract administration activity conducting the survey discovers that the small business being surveyed has received preferential treatment on an cngcing contract in accordance with Section 8a of the Small Business Act, or has received an SBA Certificate of competency during the last 12 months, the appropriate SEA field office shall be contacted and its advice scught prior making an affirmative recommendation on the responsibility of the contractor. In requesting a preaward survey, the contracting officer shall call to the attention of the survey activity any factors which should receive special emphasis and state whether the purchasing office will participate in the survey Appendix K. 203-1 (b)). The factors selected by the

CFR TITLE 41 CHAPTER 18

to

(see

RESPONSIBLE PROSPECTIVE CONTRACTORS

contracting officer shall be applicable to all firms responding to the solicitation and shall be considered in all pre-award surveys performed for the same solicitation. In the absence of specific instructions from the contracting officer, the scope of the award survey shall be determined

Fre

Next page is 1-9:97

NASA PROCUREMENT REGULATION

RESPONSIBLE PROSPECTIVE CONTRACTORS

of

by the survey activity and a normal time frame se ven working days after receipt of request shall te allowed for conducting the survey and submitting the report, recognizing that in unusual circumstances exception from the normal time frame may be requested.

(i) If a complete survey of financial responsibilities is required, the appropriate

blocks in Part will be checked.

Section III, of DD Form 1524

(ii) Requests for surveys may be submitted to the NASA installation located nearest to the prospective contractor, to the military department, or the appropriate Defense Contract Administration activity with which NASA has a service agreement (see 1.905-4(a)). The survey shall be requested on Pre-Award Survey of Frospective Contractor (DD Form 1524) indicating in Part I, Section III, thereof the scope of the survey desired. Factors requiring emphasis not Enumerated in Part I, Section III, should be listed by the procurement office under item "14" of that Section. A survey may be requested by telegraphic communication containing the data required by Part I, Sections I, II, and III of the Form. A survey may be requested by telephone but shall be confirmed immediately on DD Form 1524. Unless previously furnished, a copy of the solicitation and such drawings and specifications as deemed necessary by the procurement office, shall be supplied with the pre-award survey request. The procurement office shall forward any information indicating previous unsatisfactory contract performance with the pre-award survey request, except where it is known that the survey activity already has this information.

(c) Conditions which Normally Do Not Require a Pre-Award Survey. Normally, pre-award surveys are not required when:

(i) the data is available from cther sources;

(ii) the contract is for study or research only; (iii) the contract will be a firm fixed-price contract for off-the-shelf items when the contract amount is less than $100,000;

(iv) the pending contract will be a definitive contract superseding a letter contract;

NASA PROCUREMENT REGULATION

GENERAL PROVISIONS

(v) an order is to be placed under an existing Government contract;

(vi) the prospective contractor has proved his reliability by recent and sustained or existing satisfactory performance; or

(vii) when the source has been recommended by the NASA Scurce Evaluation Board.

(d) workload and Financial Capacity. Regardless of the apparent sufficiency of information available to the procurement office indicating responsibility with respect to the standards set forth in 1.90 3-1 (i) and (ii), in procurements which are significant either in dcllar value or in the critical nature of the requirement, consideration shall be given to requesting the survey activity to verify information regarding current workload and financial capacity.

(e) Conducting Activity. A pre-award survey may te conducted by a NASA installation, by one NASA installation for another, by another Government agency for NASA or jointly by a NASA installation and another Government agency. In this regard, NASA activities will give primary consideration to naximum utilization of the Defense Contract Administration Services Regions, or a military department as appropriate, for performance of preaward surveys (see Part 51, Subpart 3). This will usually be the most efficient and economical means available to NASA for accomplishing a pre-award

survey.

Walsh-Healey Public

Contracts Act

(f) Eligibility Ceterminations. The contracting officer shall accept the representation by the bidder or offeror that he is either a manufacturer cr regular dealer pursuant to the requirements of the Walsh-Healey Public Contracts Act (Part 12, Subpart 6), unless (i) the contracting officer has knowledge which raises the question of the validity of the representation or (ii) a protest has been lodged pursuant to 12.604.

1.905-5 NASA Conducted Pre-Award Surveys.

(a) Upon receipt of the request for pre-award surveys, the NASA survey officer shall:

(i) familiarize himself with the terms of the invitation for bid or request for proposal;

CFR TITLE 41 CHAPTER 18

RESPONSIBLE PROSPECTIVE CONTRACTORS

(ii) review

information available from other

sources relative to the contractor;

(iii) make an on-site survey of the plant concerned; and

(iv) complete the DD Form 1524 as required.

(b) Upon completion of the survey, the survey cfficer shall prepare a narrative report of survey information and conclusions. In preparing the report, the survey officer should ensure that all the information required by the contracting officer and, in each area cf investigation, a definite statement as to responsibility and capability of the contractor, have been included. The reports should be brief, clear, and complete, and should not include matters other than those specifically requested by the contracting officer except as indicated in 1.905-4.

1.906 Subcontractor Responsibility.

Frospective

(a) To the extent that a prospective contractor propose s to perform the contract by subcontracting, determinations of prospective subcontractor's responsibility may be necessary in order to determine the responsibility of the prospective prime contractor. Determinations concerning subcontractors' responsibility shall generally be a function performed by the prospective prime contractor. (See 1.603 (c) relating to subcontractors listed on the "Joint Consolidated List of Debarred, Ineligible, and Suspended Contractors.") A prospective prime contractor may be required to (i) indicate, in writing, the responsibility of proposed subcontractors, or (ii) show evidence of acceptable and effective purchasing and subcontracting system which encompasses a method for determining subcontractor capability.

an

(b) Notwithstanding the general responsibility of a prospective contractor to demonstrate the responsibility of his prospective subcontractors, it may be in the Government's best interest to make a direct determination of the responsiblity of one or more prospective subcontractors prior to award of the prime contract. Examples of when this may be particularly suitable are the procurements of (i) supplies or services which are so urgently needed that it is necessary for the Government to

NASA PROCUREMENT REGULATION