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of personnel within procurement office making the procurement, other procurement offices, related activities, contract administration offices, audit activities, reliability and quality assurance offices, and offices concerned with contract financing;
(d) Publications—including credit ratings, trade and financial journals, business directions and registers;
(e) Other sources-including suppliers, subcontractors and customers of the prospective contractor; banks and financial companies; commercial credit agencies; Government departments and agencies; purchasing and trade associations; better business bureaus chambers of commerce. [36 F.R. 21466, Nov. 10, 1971]
§ 18-1.905-4 Preaward surveys.
(a) General. A preaward 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 (1) data on hand, (2) data from other Government agency or commercial source, (3) an on-site inspection of plant and facilities to be used for performance on the proposed contract or (4) any combination of the above. Preaward surveys shall be requested and conducted in accordance with appendix K, Preaward Survey Procedures.
(b) Circumstances under which performed. A preaward 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 paragraph (c) of this section). A preaward survey is mandatory prior to determination that a small business concern is not responsible because of lack of capacity or credit on a proposed award of more than $10,000 (see § 181.705-4(c)).
(c) 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 § 18-1.903-1 (a) and (b), in procurements which are significant either in dollar value or in the critical nature of the
consideration shall be given to requesting the survey activity to verify information regarding current workload and financial capacity.
(d) Conducting activity. A preaward survey may be 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 maximum utilization of the Defense Contract Administration Services Regions, or a military department as appropriate, for performance of preaward surveys (see Subpart § 18-51.3). This will usually be the most efficient and economical means available to NASA for accomplishing a preaward survey.
[36 F.R. 21466, Nov. 10, 1971]
§ 18-1.905-50 Procedures for requesting preaward surveys.
(a) When the contracting officer determines that a preaward survey is required, he shall request a survey on DD Form 1524 in the detail commensurate with the dollar value and complexity of the procurement. In requesting a preaward survey, the contracting officer shall call to the attention of the survey activity any factors which should receive special emphasis. The factors selected by the contracting officer shall be applicable to all firms responding to the solicitation and shall be considered in all preaward surveys performed for the same solicitation. In the absence of specific instructions from the contracting officer, the scope of the preaward survey shall be determined by the survey activity and a normal time frame of seven working days after receipt of request shall be allowed for conducting the survey and submitting the report, recognizing that in unusual circumstances exception from the normal time frame may be requested.
(b) If a complete survey of financial responsibilities is required, the appropriate blocks in part I, section III of DD Form 1524 will be checked.
(c) 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 § 18-1.905-4). The survey shall be requested on Preaward Survey of Prospective 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 preaward survey request. The procurement office shall forward any information indicating previous unsatisfactory contract performance with the preaward survey request, except where it is known that the survey activity already has this information.
[36 F.R. 21467, Nov. 10, 1971]
Conditions which normally do not require a preaward sur
Normally, preaward surveys are not required when:
(a) The data is available from other sources;
(b) The contract is for study or research only;
(c) The contract will be a firm fixedprice contract for off-the-shelf items when the contract amount is less than $100,000;
(d) The pending contract will be a definitive contract superseding a letter contract;
(e) An order is to be placed under an existing Government contract;
(f) The prospective contractor has proved his reliability by recent and sustained or existing satisfactory performance; or
(g) When the source has been recommended by the NASA Source Evaluation Board.
§ 18-1.905-52 NASA conducted preaward surveys.
(a) Upon receipt of the request for preaward surveys, the NASA survey officer shall:
(1) Familiarize himself with the terms of the invitation for bid or request for proposal;
(3) Make an onsite survey of the plant concerned; and
(4) Complete the DD Form 1524 as required.
(b) Upon completion of the survey, the survey officer shall prepare a narrative report of survey information and conclusions. In preparing the report, the survey officer should insure that all the information required by the contracting officer and, in each area of 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 § 18-1.905-4. § 18-1.906 Subcontractor responsibility.
(a) To the extent that a prospective contractor proposes 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 prospective subcontractors' responsibility shall generally be a function performed by the prospective prime contractor. (See § 18-1.603 (c) relating to subcontractors listed on the "Joint Consolidated List of Debarred, Ineligible, and Suspended Contractors.") A prospective prime contractor may be required to (1) indicate in writing, the responsibility of proposed subcontractors, or (2) show evidence of an acceptable and effective purchasing and subcontracting system which encompasses a method for determining subcontractor capability.
(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 responsibility 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 (1) supplies or services which are so urgently needed that it is necessary for the Government to go beyond the normal process in determining contractor responsibility, and (2) supplies or services, a substantial portion of which will be subcontracted. The determination of responsibility of a proposed subcontractor by the Government shall be based on the same factors as are ap
plicable in a determination of responsibility of a prospective prime contractor. § 18-1.907 Disclosure of preaward data. Data, including information obtained from a preaward survey, leading to a determination of the responsibility of prospective contractors shall not be released outside the Government and shall not be made available for inspection for inspection by individuals, firms, or trade organizations. However, such data may be disclosed to, or summarized for, other elements within the Government on their request. Such information shall be made available to procurement personnel of NASA and other Government agencies upon request in accordance with §181.905-1. In connection with making a determination of responsibility, information disclosed by such data may be discussed with prospective contractor, as necessary.
§ 18-1.1001 General policy.
It is NASA policy to increase competition by publicizing procurements which offer competitive opportunities for prospective prime contractors or subcontractors, thus assisting small business and labor surplus area concerns and broadening industry participation in NASA procurement programs.
§ 18-1.1002 Dissemination of information relating to invitations for bids and requests for proposals.
§ 18-1.1002-1 Availability of invitations for bids and requests for proposals.
A reasonable number of copies of invitations for bids and requests for proposals, which are required to be publicized in the Commerce Business Daily, including specifications and other pertinent information, shall be maintained by the issuing office. Upon request, prospective contractors not initially solicited may be mailed or otherwise provided copies of such invitations for bids or requests for proposals to the extent they are available. Where a solicitation for proposals has been limited as a result of a determination that only a specified firm or firms possess the capability to meet the requirements of a procurement, requests for proposals shall be mailed or otherwise provided upon request to firms not solicited, but only after advice has been given to the firm making the re
quest as to the reasons for the limited solicitation and the unlikelihood of any other firm being able to qualify for a contract award under the circumstances. In addition, to the extent that invitations for bids or requests for proposals are available, they shall be provided on a "first-come-first-served" basis, for pickup at the contracting office, to publishers, trade associations, procurement information services, and other members of the public having 'a legitimate interest therein; otherwise, the procurement office may limit the availability of such information to review at such office. In determining the "reasonable number" of copies to be maintained, the contracting officer shall consider, among other things, the extent of initial solicitation, reproduction costs, the nature of the procurement, whether access to classified matter is involved, the anticipated requests for copies based upon responses to synopses and other means of publication in previous similar situations, and the fact that publishers and others who disseminate information regarding proposed procurements normally do not require voluminous specifications or drawings. With regard to classified procurements, the foregoing instructions apply to the extent consistent with NASA security instructions and procedures.
§ 18-1.1002-2 Limited availability of certain specifications, plans, and drawings.
Where the procurement office is not in possession of complete sets of specifications, plans, and drawings, or the drawings and specifications are classified, or are so voluminous that display and distribution in accordance with § 18-1.1002 is impracticable, the solicitation shall contain notice of this fact and of the locations at which the specifications, plans, or drawings may be examined.
§ 18-1.1002-4 Displaying in public
(a) The "Commerce Business Daily, Synopsis of U.S. Government Proposed Procurement, Sales and Contract Awards," informally known as "Department of Commerce Synopsis" or "Synopsis," is published daily, except Saturdays, Sundays, and holidays, by the U.S. Department of Commerce, Chicago, Ill. Section 8 of the Small Business Act (15 U.S.C. 637(e)) empowers the Secretary of Commerce to obtain notice of certain proposed procurement actions from any Federal department, establishment, or agency engaged in procurement of supplies and services in the United States; and to publicize such notices in the Department of Commerce Synopsis immediately after the necessity for the procurement is established.
(b) The primary purpose of the Department of Commerce Synopsis is to provide industry with information concerning current Government contracting and subcontracting opportunities, including information as to the identity and location of Government contracting offices and prime contractors having current or potential need for certain types of products or services.
(c) The Department of Commerce Synopsis is available on an annual subscription basis, and subscriptions can be entered at any Department of Commerce office. Complimentary subscriptions are available to participating Government activities upon request.
§ 18-1.1003-2 General requirements.
(a) Except for procurements described in paragraphs (b) and (c) of this section, every proposed advertised or negotiated procurement, including modifications to existing contracts when new funds are obligated for additional supplies and services, made in the United States, its possessions, and Puerto Rico which may result in an award in excess of $10,000 shall be publicized promptly in the Commerce Business Daily "Synopsis of U.S. Government Proposed Procurement, Sales and Contract Awards". Modifications to an existing contract re
sulting from price changes, engineering changes, overruns, definitization of letter contracts, and other similar transactions need not be publicized in the Commerce Business Daily. In addition to the information normally included in a synopsis, the names and addresses of all firms which have been invited by NASA to submit proposals shall be furnished to the Department of Commerce for each proposed negotiated procurement which may result in an award of $100,000 or more where it would be in the Government's interest or where subcontracting opportunities exist. A copy of each synopsis sent to the Department of Commerce shall be furnished to the Procurement Office, NASA Headquarters (Code KD-4) and to the Office of Public Affairs, NASA Headquarters (Attention: Public Information Division) as required by this § 18-1.1003-2.
(b) Classified procurements, where the information necessary to be included in the Synopsis would disclose classified information or where the mere disclosure of the Government's interest in the area of the proposed procurement would violate security requirements, shall not be publicized in the Synopsis. All other classified procurements shall be publicized in the Synopsis, even though access to classified matter might be necessary in order to submit a proposal or to perform the contract (see § 18-1.1003-9 (e) (3)). The intent of the exception for classified procurement in the synopsis requirements of Public Law 87-305 is not to exempt every classified procurement from publicizing, but to provide a safeguard against violating security requirements. (c) The following need not be publicized in the Synopsis:
(1) See paragraph (b) of this section; (2) Procurement of perishable subsistence supplies;
(3) Procurement of electric power or energy, gas (natural or manufactured), water or other utility services;
(4) Procurement (whether advertised or negotiated) which is of such urgency that the Government would be adversely affected by the delay involved in permitting the date set for receipt of bids, proposals, or quotations to be more than 15 calendar days from the date of transmittal of the synopsis or the date of issuance of the solicitation, whichever is earlier;
(5) Procurement to be made by an order placed under an existing contract;
(6) Procurement to be made from or through another Government department or agency, or a mandatory source of supply such as an agency for the blind under the blind-made products program;
(7) Procurement of personal or professional services to be negotiated under § 18-3.204;
(8) Procurement from educational institutions to be negotiated under § 18– 3.205; and
(9) Procurement in which only foreign sources are to be solicited.
§ 18-1.1003-3 Time of publicizing.
To allow concerns which are not on current bidders lists ample time to prepare bids, proposals or quotations, procurement offices should, when feasible, synopsize proposed procurements at least 10 days before the issuance of solicitations, in accordance with § 18-1.1003-9 (b) (8).
§ 18-1.1003-4 Preinvitation notices.
Where preinvitation notices (see § 182.205-4) are used, the preinvitation information included in that notice shall be included in the synopsis. This information need not be republished in the synopsis when the invitation for bids is issued. However, if the preinvitation notice contains a set-aside provision which is later canceled (e.g., because of a lack of small business response) then, the procurement shall be synopsized the second time at the time the solicitation is issued.
§ 18-1.1003-5 Publication of procurements of less than $10,000.
When recommended by procurement personnel or the small business specialist, and approved by the contracting officer, proposed procurements of less than $10,000 may be publicized in the Commerce Business Daily.
lish in the Commerce Business Daily the names and addresses of firms to whom requests for proposals have been issued. This procedure will offer opportunity to small business concerns and others interested in subcontracting to make direct contact with prospective prime contractors at an early stage in the procurement. An addition to the regular synopsis prepared in accordance with § 18-1.1003-9 shall be made as set forth in § 18-1.10039(f).
(2) Contracting officers shall, unless not in the Government's interest or subcontracting opportunities do not exist, publish in the Commerce Business Daily the names and addresses of firms which have submitted acceptable technical proposals in the first step of two-step formal advertising and will therefore be issued invitations for bids in the second step (see § 18-2.503). Such lists should be followed by a statement substantially as follows:
It is suggested that small business firms or others interested in subcontracting opportunities in connection with this procurement make direct contact with the above firms.
(b) By prime contractors and subcontractors. Prime contractors and subcontractors should be encouraged to use the Commerce Business Daily to publicize opportunities in the field of subcontracting stemming from their Government business. Prime contractors and their subcontractors will be advised to mail subcontract information directly to the U.S. Department of Commerce, Commerce Business Daily, Post Office Box 5999, Chicago, Ill. 60680, under the heading "Subcontracting Assistance Wanted" and in the form of the following example. XYZ CO. ATTN JOHN Z. SMITH, TELE. NO. RANDOLPH 6-1111, 102 FIRST AVE., CHICAGO, ILL. 60607, seeks Subcontractor on items to be used in connection with Contract No. awarded
COILS, INDUCTION, DWG. NO. 10-742 10,000 each.
(Name, description and quantity of other items or services may be included as long as contract assistance is desired under the same contract number)—if interested, make inquiry before to above contractor.