that a contractor will perform research and development work under a support service contract is not reason for inclusion of the clause: Provided, That if the circumstances of paragraphs (b) or (c) of the clause are introduced by a task order which is to be issued under a contract whose general scope would not have otherwise required the clause, the clause will be incorporated in the basic contract prior to issuance of the task order. (c) In those cases where the contracting officer determines that a potential organizational conflict of interest exists which is not covered by the above clause, he shall prepare a written analysis of the facts of the case, clearly indicating the area of concern and the nature of the potential conflict, together with a proposed clause appropriately restricting subsequent contracting. The proposed clause and supporting written analysis shall be forwarded to the Procurement Officer for approval in those cases where the installation has final authority for contractor source selection, and to the Director of Procurement, NASA Headquarters (Code KDR) in those cases where NASA Headquarters retains such authority. When approved, the clause shall be included in the solicitation and in the resulting contract. (d) The rules for avoidance of organizational conflict, as such, do not impose any contractual obligation on the contractor. Such obligation is imposed only by the contract clause designed to carry out such rules. The contracting officer shall not impose restrictions on any contractor in reliance on these rules in the absence of a specific contractual agreement with the contractor. (e) In no case shall the contract contain a provision deferring the determination of the applicability of these rules to a time after the contract has been awarded, and no contract shall contain an exclusion affecting subsequent contracting which is not terminated on a specific date, or an event certain. [36 F.R. 25102, Dec. 29, 1971] § 18-1.114 Reporting of identical bids. (a) General. Executive Order 10936 dated April 24, 1961, as implemented by the Department of Justice, requires a report to be submitted to the Attorney General on each formally advertised procurement (including small business restricted advertising) over $10,000 which involves identical bids. Identical bids are two or more bids for the same line item which: (1) Are identical on their face (regardless of such evaluation factors as discount, transportation, etc.) either as to unit price or total line item amount; or (2) Are identical as evaluated as to either unit price or total line item amount. A line item is an item of supply or service which independently can be made the subject of an award by the Government. However, the reporting requirements herein established for line items shall be applicable to invitations calling for line item bidding even though the invitations or bids contained qualifying or restrictive limitations on award (e.g., all or none bids or award on one item being conditioned on award of other items). This reporting requirement is in addition to the reports required by § 18-1.111. (b) Information to be obtained from bidders. Each invitation for bids for a procurement estimated to exceed $10,000 will include substantially the following: PARENT COMPANY AND EMPLOYER IDENTIFICATION NUMBER (MARCH 1963) (a) Bidder represents that he is, is not, owned or controlled by a parent company. For this purpose a parent company is defined as one which either owns or controls the activities and basic business policies of the bidder. To own another company means the parent company must own at least a majority (more than 50 percent) of the voting rights in that company. To control another company such ownership is not required; if another company is able to formulate, determine or veto basic business policy decisions of the bidder, such other company is considered the parent of the bidder. This control may be exercised through the use of dominant minority voting rights, use of proxy voting, contractual arrangements, or otherwise. (b) If the bidder is owned or controlled by a parent company, insert in the space below the name and main office of the parent company. if identical bids are involved, one inquiry will be made in an effort to obtain the information. Failure to provide information concerning the parent company or the employer's identification number is not a basis for rejection of bids. (c) Reportable bids. An identical bid report shall be submitted when identical bids are received and the bid value of all line items covered by the invitation for bids exceeds $10,000 (based on the apparent low bid for each line item) except that reports will not be submitted when: (1) They were the low bids; (2) Award is made on the line item; (3) The invitation was canceled; or (4) Any other disposition was made subsequent to public opening of the bids. (d) Submission of reports. Identical bid reports shall be submitted for all reportable bids on Department of Justice Form DJ-1500 (Federal Stock No. 7540823-7870), available from General Services Administration stores depots. Instructions for filling out this form are printed as the cover sheet of each pad of these forms. Reports shall be made within 20 days following the disposition of all of one or more contracts or other action. Two completed copies of the report, a copy of the invitation for bids and a copy of the completed abstract of bids shall be sent to the Attorney General, Ref: AT-IBR, Washington, D.C. 20530. The abstract of bids need not be furnished when the number of line items on an invitation exceeds 100; in which event, the identical bid report shall be annotated to indicate (1) the number of line items, and (2) the number of bidders on the invitation. A copy of the identical bid report shall be retained by the purchasing activity. (e) Completion of reports. All bids for each line item on which reportable identical bids have been disclosed shall be reported regardless of whether the identical bids were the low bids. Reports are required on reportable identical bids regardless of whether an award is made on the line item, the invitation is canceled, or any other disposition is made subsequent to the public opening of the invitation. [36 F.R. 21454, Nov. 10, 1971] § 18-1.115 Noncollusive bids and proposals. (a) In order to promote full and free competition for Government contracts, the following certification shall be in cluded in all (1) invitations for bids and (2) requests for proposals or quotations (other than for small purchases made in accordance with Subpart 18-3.6 of this chapter and other than requests for technical proposals in connection with twostep formal advertising) involving firm fixed-price contracts and fixed-price contracts with escalation. When the solicitation authorizes the submission of oral offers and requires that such offers be confirmed in writing, it shall require that the certification be included with or be expressly incorporated by reference in and thereby made a part of the confirmation: CERTIFICATE OF INDEPENDENT PRICE (a) By submission of this bid or proposal, each bidder or offeror certifies, and in the case of a joint bid or proposal, each party thereto certifies as to his own organization, that in connection with this procurement: (1) the prices in this bid or proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or offeror or with any competitor; (2) unless otherwise required by law, the prices which have been quoted in this bid or proposal have not been knowingly disclosed by the bidder or offeror and will not knowingly be disclosed by the bidder or offeror prior to opening, in the case of a bid, or prior to award, in the case of a proposal, directly or indirectly to any other bidder or offeror or to any competitor; and (3) no attempt has been made or will be made by the bidder or offeror to induce any other person or firm to submit or not to submit a bid or proposal for the purpose of restricting competition. (b) Each person signing this bid or proposal certifies that: (1) he is the person in the bidder's or offeror's organization responsible within that organization for the decision as to the prices being bid or offered herein and that he has not participated, and will not participate, in any action contrary to (a) (1) through (3) above; or (2) (a) he is not the person in the bidder's or offeror's organization responsible within that organization for the decision as to the prices being bid or offered herein but that he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (a) (1) through (3) above, and as their agent does hereby so certify; and (b) he has not participated, and will not participate, in any action contrary to (a) (1) through (3) above. (c) This certification is not applicable to a foreign bidder or offeror submitting a bid or proposal for a contract which requires performance or delivery outside the United States, its possessions, and Puerto Rico. (d) A bid or proposal will not be considered for award where (a) (1), (3), or (b) above has been deleted or modified. Where (a) (2) above has been deleted or modified, the bid or proposal will not be considered for award unless the bidder or offeror furnishes with the bid or proposal a signed statement which sets forth in detail the circumstances of the disclosure and the Administrator, or his designee, determines that such disclosure was not made for the purpose of restricting competition. (b) The fact that a firm (1) has published price lists, rates, or tariffs covering items being procured by the Government, (2) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (3) has sold the same items to commercial customers at the same prices being offered the Government does not constitute, without more, a disclosure within the meaning of paragraph (a) (2) of the certificate. (c) It is not required that a separate written authorization be given to the signer of the bid or proposal for each procurement involved where the signer makes the certification provided in paragraph (b) (2) of the certificate: Provided, That with respect to any blanket authorization given, (1) the procurement to which the certificate applies is clearly within the scope of such authorization, and (2) the person giving such authorization is the person responsible within the bidder's or offeror's organization for the decision as to the prices being bid or offered at the time the certificate is made in a particular procurement. (d) After the execution of an initial certificate and the award of a contract in connection therewith, the contractor need not submit additional certificates in connection with proposals submitted on "work orders" or similar ordering instruments issued pursuant to the terms of that contract, where the Government's requirements cannot be met from another source. (e) The authority to make the determination described in paragraph (d) of the above certification shall be exercised by the head of the installation or his deputy. (f) Where a certification is suspected of being false or there is indication of collusion, the matter shall be processed in accordance with § 18-1.111. For rejec tion of bids which are suspected of being collusive and for the negotiation of procurements subsequent to such rejection, see 88 18-2.404-1(b) (6) and 18-3.215-2. [35 F.R. 18803, Dec. 11, 1970, as amended at 36 F.R. 21454, Nov. 10, 1971] Subpart 18-1.2-Definition of Terms § 18-1.201 Definitions. As used throughout this chapter, the words and terms defined in this subpart shall have the meanings set forth below, unless (a) the context in which they are used clearly requires a different meaning or (b) a different definition is prescribed for a particular part or portion thereof. § 18-1.202 Administrator. means a § 18-1.204 Construction contractor. "Construction contractor" person (or firm) who, before being awarded a contract, satisfies the contracting officer that he qualifies as one: (a) Who owns, operates, or maintains a place of business regularly engaged in the construction, alteration, or repair of buildings, structures, communication facilities, or other engineering projects, including the furnishing and installing of necessary equipment; or (b) Who, if newly entering into a construction activity, has made all necessary prior arrangements for personnel, construction equipment, and required licenses to perform construction work. § 18-1.205 Contract modification. "Contract modification" means any written alteration in the specification, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions of an existing contract, whether accomplished by unilateral action in accordance with a contract provision, or by mutual action of the parties to the contract. It includes (a) bilateral actions such as supplemental agreements, and (b) unilateral actions such as change orders, administrative "Contracting Officer" means any person who, by appointment in accordance with procedures prescribed by this chapter, is currently a contracting officer (see Subpart 18-1.4) with the authority to enter into and administer contracts and make determinations and findings with respect thereto, or with any part of such authority. The term also includes the authorized representative of the contracting officer acting within the limits of his authority. For convenience of expression, a contracting officer, designated to perform specific duties relating to contract termination as his primary function (see § 18-8.201), may be referred to as the termination contracting officer (TCO). It is recognized that a single contracting officer may be responsible for duties in any or all procurement areas, and reference in this chapter to TCO does not of itself restrict in any way a contracting officer in the performance of any duty properly assigned. "Contracts" means all types of agreements and orders for the procurement of supplies or services. It includes awards and notices of award; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job orders, task orders, or task letters thereunder; letter contracts; and purchase orders. It also includes supplemental agreements with respect to any of the foregoing. § 18-1.208 Director of procurement. "Director of Procurement" means the Director of the Procurement Office, Office of Industry Affairs, NASA Headquarters (Code: KD). islative or Judicial Branches of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under his direction). § 18-1.211 Field installation. "Field installation" means Ames Research Center, Flight Research Center, Goddard Space Flight Center, John F. Kennedy Space Center, Langley Research Center, Lewis Research Center, Manned Spacecraft Center, George C. Marshall Space Flight Center, NASA Pasadena Office, Wallops Station, and any other field installation hereafter established by NASA. [35 F.R. 18803, Dec. 11, 1970, as amended at 36 F.R. 21454, Nov. 10, 1971] § 18-1.212 Field procurement office. "Field procurement office" means any NASA procurement office other than procurement offices at NASA Headquarters. § 18-1.213 Government instrumentality. "Government instrumentality" means any of the following: (a) An instrumentality of the U.S. Government; (b) An agency or instrumentality of a State or local government, possession, or Puerto Rico; (c) an agency or instrumentality of a foreign government. § 18-1.214 Head of the installation. "Head of the installation" means the Director (or other Head) of a field installation; the Director, Headquarters Administration Office (Code DH), and the Manager, AEC-NASA Nuclear Systems Office. [35 F.R. 18803, Dec. 11, 1970, as amended at 36 F.R. 21454, Nov. 10, 1971] § 18-1.215 Head of the agency. "Head of the agency" means the Administrator or Deputy Administrator of NASA. § 18-1.216 Includes. "Includes" means "includes but is not limited to." Procurement Office, NASA Headquarters means the Procurement Office, Office of Industry Affairs, NASA Headquarters (Code KD). § 18-1.223 Possessions. "Possessions" in a geographic sense includes the Virgin Islands, the Canal Zone, Swan Islands, Guantanamo Bay, Johnston Island, American Samoa, Guam, Wake Island, Midway Island, and the guano islands but does not include Puerto Rico, leased bases, occupied Japanese islands, or trust territories. § 18-1.224 Procurement. "Procurement" includes purchasing, renting, leasing, or otherwise obtaining supplies or services. It also includes all functions that pertain to the obtaining of supplies and services, including description but not determination of rerequirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. § 18-1.225 Procurement office. "Procurement office" means the offices at NASA Headquarters and NASA field installations charged with the responsibility for making and administering purchases and contracts. § 18-1.226 Procurement officer. performing nonpersonal services, such as the repair, maintenance, or rebuilding o personal property; the packing, crating or moving of material; the operation o equipment or facilities; the rental o equipment or facilities; or the performance of administrative, professional, or technical functions; or (b) Who, if newly entering into a service activity, has made all necessary prio arrangements for personnel, service equipment, and required licenses to perform services. § 18-1.230 Shall. "Shall" is imperative. § 18-1.231 Small business concern. See § 18-1.701-1. § 18-1.232 Supplemental agreement. "Supplemental agreement" means an contract modification which is accom plished by the mutual action of the parties. (See § 18-16.103.) § 18-1.233 Supplies and property. (a) "Supplies" or "Property" mean all property except land or interests in land. It includes public works, buildings and facilities; aircraft, missiles, satel lites, and other aeronautical and spac vehicles, together with related equip ment, devises, components, and parts machine tools; and the alteration or in stallation of any of the foregoing. "Sup plies" as used in this chapter i synonymous with "property" as describe in 10 U.S.C. 2303(b). (b) The terms "supplies" and "prop erty" are used interchangeably in thi chapter unless otherwise specifically pro vided. These terms as used in this chapte have the same meaning as the term "sup plies" used in ASPR. The term "persona property and nonpersonal services" a used in the FPR have the same meanin as "supplies and services" or "propert and services" used herein. "United States," when used in a geo graphic sense, means the 50 States an "Procurement officer" means the head the District of Columbia. of a procurement office. § 18-1.235 Automatic data processin equipment (ADPE). (a) Digital and Analog Compute components and systems, irrespective c type of use, size, capacity, or price (FS 7440); (b) All peripheral, auxiliary, and ac cessorial equipment used in support c |