GENERAL POLICIES terms of specific calendar dates on the assumption that notice of award will be received by a specified date (see (b) (ii) above), the notice of award, acceptance of proposal, or other contract document executed by the Government shall be sent by certified mail, return receipt requested, or shall be accompanied by a date of receipt acknowledgement card. (f) When the required delivery schedule in the invitations for bids is based on date of the contract (see (a) (ii) above), a bid offering delivery based on date of receipt by the contractor of the contract or notice of award (see (a) (iii) above) : (i) shall be evaluated by adding the maximum number of days normally required for delivery of the award through the ordinary mails; and (ii) if the delivery date offered by the bid (computed in accordance with (i) above) is later than the delivery date required in the invitation for bids, the bid shall be considered nonresponsive and rejected; but (iii) if award is made under (i) above, under the terms of the contract the delivery date will be the number of days, after actual receipt by the contractor of the notice of award, which were specified in the bid. 1.305-4 Time of Delivery Clauses. (a) Examples of time of delivery clauses for invitations for bids are set forth in (b) and (c) below. They may be modified or other clauses may be used to state particular delivery requirements or any special procedures to be used in the evaluation, rejection, or award process as regards time of delivery. These clauses also may be suitably modified and used as appropriate in negotiated procurements. (b) The following clause may be used where delivery by a particular time is essential to meet the Government's requirements: TIME OF DELIVERY (FEBRUARY 1962) Delivery is REQUIRED to be made in accordance with the following schedule: ITEM NO. QUANTITY TIME (Conditions to be specified by Contracting Officer (see (d) below)) Bids offering delivery of each quantity within the applicable delivery period specified above will be evaluated equally as regards time of delivery. Bids offering delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable delivery period specified above will be considered nonresponsive and will be rejected. Where a bidder offers an earlier delivery schedule than that called for above, the Government reserves the right to award either in accordance with the required schedule or in accordance with the schedule offered by the bidder. If the bidder offers no other delivery schedule, the delivery schedule stated above shall apply. Bidder's Proposed Delivery Schedule (To be Completed by Bidder) NASA PROCUREMENT REGULATION 1.305-4 GENERAL PROVISIONS ITEM NO. QUANTITY TIME (Conditions to be specified by Contracting Officer (see (d) below)) (c) The following clause may be used where delivery by a certain time is DESIRED although not essential, but delivery by a specified later time is necessary to meet the Government's requirements: TIME OF DELIVERY (FEBRUARY 1962) Delivery is DESIRED by the Government in accordance with the following schedule: ITEM NO. QUANTITY TIME (Conditions to be specified by Contracting Officer (see (d) below)) If the bidder is unable to meet the above delivery schedule, he may, without prejudice to the evaluation of his bid, set forth his Proposed Delivery Schedule Below; but such delivery schedule must not extend the delivery period beyond the time of delivery called for in the following REQUIRED delivery schedule: REQUIRED DELIVERY SCHEDULE ITEM NO. QUANTITY TIME (Conditions to be specified by Contracting Officer (see (d) below)) Bids offering delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable REQUIRED delivery period specified above will be considered nonresponsive and will be rejected. If the bidder does not propose a different delivery schedule, the Government's DESIRED delivery schedule shall apply: (d) In the blank spaces entitled "Time" under the clauses set forth in (b) and (c) above, the contracting officer shall insert one of the follo phrases, as appropriate: (1) “(On) (on or before) the date(s) specified below." (2) "Within the number of days stated below after date of contract." (3) "Within the number of days stated below after the date of receipt of a written notice of award." (4) "Within the periods specified below." (When this phrase is inserted, the wording "during the month(s) of .....," or "not sooner than and not later than ....." should be used to specify the periods.) 1.305-5 Research, Exploratory Development and Advanced Development. Solicitations shall generally indicate either a desired term of performance or a completion date. In cases where development of a tangible item by a given date is urgent, solicitations shall indicate such urgency. Generally, solicitations to conduct research and exploratory development work will specify a level of effort for a term of performance. However, solicitations calling for a specific item in the category of such exploratory or advanced development will specify a completion date. A contractor may propose an alternate term of performance or completion date without disqualification of his proposal. 1.306 Approval Signature. Approval signatures on contracts or purchase authorizations shall be minimized to the greatest practical extent and, in the event that multiple approval signatures are required, they shall, where possible, be obtained concurrently. 1.307 Priorities, Allocations, and Allotments. 1.307-1 NASA Program. (a) General. In the interest of maintaining a minimum priorities and allocations system as a mobilization preparedness measure, it is national policy to require contractors to use ratings and allotment authority to support NASA procurement, to the extent required by the Bureau of Domestic Commerce (BDC). In addition to the procurement and construction of the Department of Defense, the Federal Preparedness Agency has authorized the BDC to provide priorities authority for all procurement and construction programs of NASA. The Department of Defense is the claimant agency to the Federal Preparedness Agency for NASA. NASA PROCUREMENT REGULATION 1.307-1 GENERAL PROVISIONS (b) Implementation. Department of Defense implementation of all rules and regulations published by BDC with respect to which the Department of Defense is delegated administrative responsibility, is contained in the DoD Priorities and Allocations Manual. NASA implementation is published in Part 52 of this Regulation. (c) Operating Responsibility. NASA installations shall comply with the priorities and allocations program, including the Defense Materials System, as set forth in: (i) the DoD Priorities and Allocations Manual; (ii) the rules and regulations published by BDC; and 1.307-2 Required Use of Priorities, Allocations, and Allotments Clause. The clause set forth below shall be inserted in or attached to all ratable contracts, except that no such clause need be attached to those purchase orders of less than $2,500 which are not rated. Ratable contracts are those contracts for supplies which are required to be supported with rating and allotment authority (see the DoD Priorities and Allocations Manual). PRIORITIES, ALLOCATIONS, AND ALLOTMENTS (SEPTEMBER 1976) The contractor shall follow the provisions of DMS Reg. 1 or DPS Reg. 1 and all other applicable regulations and orders of the Bureau of Domestic Commerce in obtaining controlled materials and other products and materials needed to fill this order. 1.307-3 Inadequate Response to Solicitations. (a) In accordance with the policies and procedures of the Priorities and Allocations System rated contracts and purchase orders or Authorized Controlled Material Orders may be placed on selected suppliers when adequate response to a solicitation is not received. Therefore, when there are no bids or proposals received as a result of a solicitation or if the bids or proposals received do not cover the entire requirement, normal procurement procedures shall be followed in attempting to locate sources, to the extent exigencies of the procurement will permit. If such efforts are unsuccessful, and it is determined at this point in time that the procurement must be accomplished, then rated orders in the form of rated contracts, rated purchase orders or an Authorized Controlled Material Order shall be presented, to one or more (as appropriate) selected suppliers or manufacturers qualified to produce the item or material. This will be accomplished by a cover letter signed by the contracting officer, citing the requirements of the Defense Production Act and DPS Regulation 1, and requesting timely acceptance thereof by the contractor. The letter shall also request that any reasons for rejection be promptly furnished in writing, as required by the BDC Regulations. Rated orders will be placed pursuant to appropriate negotiation authority. Contracts and purchase orders shall contain, as a minimum, the following information in addition to normal contractual requirements to be a valid rated order: (i) DO or DX rating on contracts or purchase orders as appropriate; (ii) DMS allotment number on Authorized Controlled Material Orders; (iii) Certification "Certified for National Defense Use Under DMS Reg. 1 or DPS Reg. 1 (as appropriate)"; (iv) Delivery schedule; and (v) Signature. 1.307-2 CFR TITLE 41 CHAPTER 18 GENERAL POLICIES (b) Rated orders or Authorized Controlled Material Orders which are rejected by suppliers shall be forwarded to BDC through appropriate priorities assistance channels, for such action as BDC considers appropriate. 1.308 Documentation of Procurement Actions; Maintenance and Disposition of Contract Files. (a) Each office performing procurement and contract administration functions shall maintain official records of all actions with respect to solicitations and contracts in accordance with the provisions of this paragraph 1.308, except that the application of these provisions to small purchases and other simplified procurements covered by Part 3, Subpart 6, is optional. The Procurement Officer shall be responsible for the establishment, currency, completeness, and review of this documentation, and for its final disposition, in accordance with Supplement 2 of this Regulation entitled "Contract File Maintenance, Close-out, and Disposition." (b) The combination of official contract files listed in S2.101 shall contain documentation of all actions taken with respect to the contract, including final disposition, sufficient to constitute a full history of the transaction and permit ready reconstruction of all stages of the transaction, for the purpose of (i) providing a complete background to assure informed decisions at each step in the procurement, (ii) supporting actions taken by personnel in the procurement cycle, (iii) providing information for reviews and investigations conducted by the field installations, NASA Headquarters, the General Accounting Office, or others, and (iv) furnishing essential facts in the event of litigation or Congressional inquiries. 1.309 Solicitations for Informational or Planning Purposes. 1.309-1 General. It is the general policy of NASA to solicit bids, proposals or quotations only where there is a definite intention to award a contract or purchase order. However, in some cases solicitations for informational or planning purposes may be justified. This is especially likely when a procurement can be properly negotiated only after potential proposers have had an opportunity to become familiar with a large quantity of relevant data, or where it would be desirable to have industry participation in the formulation or review of complex specifications or requirements. Solicitations for informational or planning purposes can result in some desirable benefits. Aside from the basic objectives of promoting competition in the private sector and insuring the reasonableness and feasibility of the requirement, potential sources are apprised of NASA requirements in a particular field and invited to submit data for consideration early in the acquisition process without undue expenditure of time, effort, and money. However, such solicitations shall not be used as a means for the prequalification of offerors. It is recognized that the use of solicitations for informational or planning purposes may serve to lengthen the acquisition cycle under some circumstances. Conversely, it may shorten the time required for submitting proposals in situations where a large quantity of data must be analyzed by industry prior to the actual submission of proposals. 1.309-2 Application. Solicitations for informational or planning purposes should be utilized when appropriate. Instances where such solicitations would have application include major systems acquisition or other complex projects where feasibility or technology studies are being conducted (either in-house or by contract) that may have relevance to later NASA PROCUREMENT REGULATION 1.309-2 |