1-2:3 DEFINITION OF TERMS 1.224 Procurement. purchasing, renting, obtaining supplies "Procurement" includes leasing, or otherwise all functions that pertain to the administration. all contract 1.225 Procurement Ottice. "Procurement office" means the oftices at NASA Officer" means the Head of a procurement of tice. 1.229 Service Contractor. "Service contractor" means a person (or tirm) who, before being awarded a contract, satisfies the contracting officer that he qualifies as one: cf (i) who owns, operates, or maintains a place business regularly engaged nonpersonal services, maintenance, or rebuilding of the packing, crating, cr moving of material; the operation of equipment or facilities; of equipment or facilities; or the performance of administrative, professional, newly entering into a service has made all necessary Frior arrangements for personnel, service equipment, and *1.233. Supplies. "Supplies" means all property except land or interest "property" as described in 10 U.S.c. 2303 (b). NASA PROCUREMENT REGULATION GENERAL PROVISIONS 1.234 United States. "United States," when used in a geographic sense, means the States and the District of Columbia. 1.235 Automatic Data Processing Equipment (ACPE) means: (i) Digital and Analog Computer components and systems, irrespective ot type ot use, size, capacity or price (FSC 7440); (ii) all peripheral, auxiliary, and accessorial equipment used in support ot Digital and/or Analog Computers, either cable connected, " self standing" ard whether selected or acquired with the computers or separately (FSC 74 10 or 7440); CI of ot (iii) Punched Card Machines (PCM) and systems used in conjunction with or independently Cigital or Analog Computers (FSC 7410); and (iv) Digital and Analog Terminal and Conversion equipment that is acquired solely or primarily for use with a system which employs a Computer of Punched Card Machines (FSC 7410 or 7440). 1.236 Nonprofit Organization. "Nonprofit organization" means any corporation, foundation, trust, or institution operated for scientific, educational, or medical purposes, not organized for profit, no part of the net earnings of which inures to the benefit of any private shareholder or individual. Announcement of 1.237 Opportunity. "Anouncement of Opportunity" means a competitive solicitation for proposals, issued pursuant to NASA Handbook (NH3) 8030.6, "Guidelines for Acquisition of Investigations." 1.238 Contract Administration Office. "Contract Administration Office" means the office which performs assigned functions related to the administration of contracts and assigned pre-award functions. 80-137 0-81--4 CFR TITLE 41 CHAPTER 18 a Subpart 3-General Policies 1.300 Methods of Procurement. whether by 1300-1 Competition. All procurements, formal advertising or by negotiation, shall be made on competitive basis to the maximum practicable extent. 1.300-2 Formal Advertising. Purchases and contracts for supplies and services shall be made by formal advertising in all cases in which the use of such method is feasible and practicable under the existing conditions and circumstances. Procurement by formal advertising shall be effected in accordance with detailed requirements and procedures set forth in Part | 1.300-3 Negotiation. If the use of formal advertising is not feasible and practicable, purchases and contracts for supplies and services may be negotiated in accordance with the detailed requirements and procedures set forth in Part 3. 2. Supplies and circumstances 1.300-4 Procurement Plans, See 3.852. 1.301 Interdepartmental Procurement. services may be obtained in appropriate as provided in Part 5 by interdepartmental procurement. 1.302 Sources of Supply and Services, 1.302-1 Existim Government Assets, To the extent possible, supplies shall be obtained from releasable assets of NASA or from surplus or excess stocks in the hands of any other Government agency. This shall specifically include purchase of excess strategic and critical materials available for transfer from the General Services Administration as listed in periodic GSA Bulletins. Personnel responsible for issuing purchase requests shall insure compliance with policies pertaining to the utilization of existing Government equipment, as set forth in 1.5406 and 13.202-3. Relesable industrial equipment which is available from the Department of Defense should also be utilized to the extent feasible (see 13.308). Interdepartmental purchases shall be accomplished in accordance with the provisions of Part 5.. 1,302-2 Sources Outside the Government, Irrespective of whether the procurement of supplies or services from sources outside the Government is to be effected by formal advertising or by negotiation, competitive proposals ("bids" in the case of procurement by formal advertising, proposals or quotations" in the case of procurement by negotiation) shall be solicited (see Subpart 10, of this Part) from all such qualified sources of supplies or services as are deemed necessary by the contracting officer to assure such full and free NASA PROCUREMENT REGULATION by 1 GENERAL PROVISIONS I competition as is consistent with the procurement of types of supplies and services necessary to meet NASA's requirements and thereby to obtain for the Government the most advantageous contract-prices, quality, and other factors considered. Offers shall not knowingly be solicited on the basis of race, creed, color, sex, age, or national origin of prospective sources. 1. 302-3_Production and Research and Development Pools (a) Description. A production or research and development pool is a group of concerns (1) who have associated together for the purpose of obtaining and performing jointly or in conjunction with each other, contracts for supplies or services, or for research and development, for Defense use, (ii) who have entered into a pool agreement governing their organization, relationship, and procedure, and (iii) whose agreement has been approved either in accordance with Section 708 of the Defense Production Act of 1950, as amended (Defense Production Pool) or in accordance with Section 9 (d) or 11 of the Small Business Act, Public Law 85-536 (Small Business Pools). Pool participants are exempt from the "manufacturer or regular dealer" requirement of the Walsh-Healey Public Contracts Act (see Part 12, Subpart 6). Information on types of small business production pools, their purpose, and procedures for establishing such pools and for securing their approval by the Small Business Administration (SBA) is contained in the SBA publication "Small Business Production Pools for Defense, " (b) General Rule Except as provided in this paragraph 1.302-3, a pool shall be treated for purposes cf Government procurement on exactly the same basis as any other prospective or actual contractor. (c) Ascertainment of Status, The contracting officer is responsible for ascertaining whether a group of firms seeking to do business with the Government is a pool. In ascertaining the status of a group representing itself as a pool, contracting officers may rely on a copy of the SBA or office of Emergency Preparedness (OEP) notification of approval of the pool. If the contracting officer has any questions as to whether a given pool has been approved, he shall consult the regional office of the SBA. The Director of Procurement will expeditiously disseminate to field installations information received from SBA or OEP concerning the approval of production and research and development pools. CPR TITLE 41 CHAPTER 18 GENERAL POLICIES (d) Contracting with Pools (1) A bid or proposal of a pool is not eligible for award to the pool unless submitted either by the pool in its own name or by an individual member expressly disclosing that it is on behalf of the pool. Except for contracts to be awarded to incorporated pools, the contracting officer shall prior to award to a pool require to be deposited with him a certified copy of a power of attorney from each member of the pool who is to participate in the performance of the contract authorizing an agent to execute the bid, proposal, or contract on behalf of such member. A copy of each such power of attorney shall be appended to each executed copy of the contract retained by the Government. (2) Membership in a pool shall not of itself preclude individual members from submitting bids or Froposals as individuals on appropriate procurements. Bids or proposals submitted by an individual member of a pool shall not be considered when the individual rember has participated in the bid or proposal submitted by the pool. (e) Responsibility of Pool Member Where a member of a production pool has submitted a bid or proposal in his own name and not on behalf of a pool, the pool agreement shall be a factor to be considered in determining the pool member's responsibility, pursuant to Subpart 9 of this Part. (f) Small Business Status, Approval of an organization as a defense production or research and development pool under the Defense Production Act of 1950, as amended, does not confer upon such pool the preferences and privileges accorded to "small business concerns." Such preferences and privileges shall be accorded only to those pools which have been approved under the Small Business Act, P. L. 85-536, as amended. 1.302-4 Contracts Between the Government and Its Employees or Business Organizations Substantially Owned cr controlled by Government Employees. (a) Contracts shall not knowingly be entered into between the Government and employees of the Government or business organizations which are substantially owned or controlled by Government employees, except for the most compelling reasons, such as cases where the needs of the Government cannot reasonably be otherwise supplied. Next page 1-3:37 NASA PROCUREMENT REGULATION |