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Shipments requiring special

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sonnel.

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Contract provisions.

AUTHORITY: The provisions of t 18-1 issued under 42 U.S.C. 2473 (b)

SOURCE: The provisions of this P appear at 35 F.R. 18803, Dec. 11, 1970 otherwise noted.

Subpart 18-1.1—Introducti

§ 18-1.100 Scope of subpart.

This subpart sets forth (a) int tory information pertaining to cha (its purpose, applicability, conter arrangement), and (b) instructic amending, implementing, dissemin and deviating from the chapter.

§ 18–1.101 Purpose of this chapte

This chapter, issued by the Di of Procurement under authority gated by the Administrator, estab for the National Aeronautics and Administration (NASA) uniform p and procedures relating to the pro ment of property and services und authority of the National Aerona and Space Act of 1958, as am (Public Law 85-568; 42 U.S.C. 24 seq.), chapter 137, title 10, of the U States Code, or other statutory auth § 18–1.102 Applicability.

This chapter applies to all purc and contracts made by NASA, with outside the United States, for the curement of property or services w obligate appropriated funds, u otherwise specified herein.

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§ 18-1.103-5 Dating contract clauses.

Contract clauses in this chapter are identified by showing the month and year of issuance of the clause, as most recently revised, in parentheses immediately after the title, e.g., Examination of Records (October 1969). Where an alternative section is provided for insertion in a clause, the identifying date is shown in parentheses immediately following the text of the section. In contract forms using NASA PR clauses, each clause will be shown with its identifying date in the manner prescribed above, except that standard forms are not subject to this requirement. When an inconsistency exists between a contract clause published in this chapter and the same clause printed in a NASA contract form, the clause published in this chapter shall govern. When a clause to be used in a contract represents a deviation from this chapter, a date will not be shown.

§ 18-1.103-6 Appendices and supple

ments.

(a) Policies and instructions concerned with procurement which, while directive, are essentially procedural in nature, will be published as appendices to this chapter when applicable to, or required by, substantially all users of and subscribers to this chapter. Such policies and instructions will be published as supplements to this chapter when they are not applicable to, or required by, substantially all users of and subscribers to this chapter.

(b) The numbering of appendices and supplements shall follow generally § 181.103-6 except (1) appendices shall be identified by a capital letter and supplements by the letter "S" followed by the number of the supplement and such identification shall be the first portion of the section number, and (2) the pages shall be numbered consecutively.

§ 18-1.104 Content of chapter.

This chapter will contain policies and procedures relating to the procurement of property and services and is designed to achieve maximum uniformity throughout NASA. This chapter will be amended from time to time to set forth improved procedures which reduce contract preparation time, simplify and standardize contract forms, and improve the contracting process. Procurement personnel are encouraged to submit suggestions, based on operating experience, for improving and simplifying the pro

cedures set forth in this chapter. Such suggestions should be submitted through the Procurement Officer to the Procurement Office, NASA Headquarters (Code KDP-1).

§ 18-1.107 Dissemination and effective date of the chapter and revisions.

(a) The NASA Procurement Regulation, and Revisions thereof, will be distributed directly to NASA installations by the U.S. Government Printing Office. The number of copies of the regulation, and revisions thereof, will be distributed on the basis of the requirements furnished by each Headquarters office, and NASA field installation, to the Procurement Office, NASA Headquarters (Code KDP-1).

(b) Heads of field installations will ensure that copies of the NASA Procurement Regulation are distributed to all interested activities and individuals within their installation.

(c) Copies of the NASA Procurement Regulation, and Revisions thereof, may be purchased by private concerns and individuals from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

(d) Compliance with a revision to the NASA Procurement Regulation shall be permissive effective with the date of issuance thereof, and shall be mandatory effective 60 days thereafter, except (1) as may be otherwise prescribed in the revision, and (2) that procurements initiated after receipt of new or revised clauses should, to the maximum practicable extent, include such clauses prior to the mandatory date.

(e) Unless otherwise stated, invitations for bids which have been issued and bilateral agreements upon which negotiations have been completed prior to the receipt of new or revised contract clauses need not be amended to include the new or revised clauses if such amendment would unduly delay the procurement action.

§ 18-1.108 Field installation instructions and implementations of the NASA Procurement Regulation.

(a) Heads of NASA field installations may implement the NASA Procurement Regulation by prescribing for their installation detailed procurement operating instructions, delegations of authority, and assignment of responsibilities which they deem essential for the efficient performance of their procurement function. Such instructions shall:

(1) Be consistent with the policies and procedures contained in this chapter and the NASA Procurement Regulation Directives;

(2) To the extent practicable, follow the format, arrangement, and numbering system of this chapter;

(3) Contain no material which duplicates, paraphrases, or is inconsistent with the contents of this chapter.

(b) The head of each NASA installation shall furnish the Procurement Office, NASA Headquarters (Code KDP-1) three copies and the cognizant Institutional Director one copy of:

(1) The basic publication prescribing the procurement operating instructions for his field installation; and

(2) Each change, revision, or amendment to such instructions, at the time of issuance.

§ 18-1.109 Deviations and other procurement publications.

§ 18-1.109-1 Applicability.

A deviation shall be considered to be any of the following:

(a) When a prescribed contract clause is set forth verbatim in NASA procurement regulations, use of a contract clause or a schedule provision covering the same subject matter which varies from, or has the effect of altering, the prescribed NASA clause, or changing its application;

(b) When a contract clause is set forth in NASA procurement regulations but not for use verbatim, use of a contract clause covering the same subject matter which is inconsistent with the intent, principle and substance of the NASA procurement regulation clause or related coverage of the subject matter;

(c) Omission of any mandatory contract clause constitutes a deviation;

(d) When a Standard, NASA, or other form is prescribed by NASA procurement regulations, use of any other form for the same purpose;

(e) Alteration of a Standard or NASA form except as authorized by NASA procurement regulations;

(f) When limitations are imposed by NASA procurement regulations upon the use of a contract clause, form, procedure, type of contract, or any other procurement action, the imposition of lesser or greater limitations; or

(g) When a policy, procedure, method, or practice of conducting procurement actions is prescribed in NASA procurement regulations, any policy, procedure,

method, or practice inconsiste with.

§ 18-1.109–2 Approval of dev Deviations from NASA pro regulations will be authorized c essential to effect necessary pro or where special circumstand such deviations clearly in the b est of the Government. Such d will be approved only by the D Procurement, or his authorize sentative.

§ 18-1.109-3 Requests for dev

Requests for authority to devi the provisions of this chapter a procurement publications shall mitted to the Procurement Offic Headquarters (Code KDP-1). S quests shall be signed by the 1 ment Officer or his deputy. Such shall be submitted as far in adv the exigencies of the situation v mit. Each request for a deviati contain as a minimum:

(a) Identification of the NAS curement regulation requiremen which a deviation is sought;

(b) A full description of the de and the circumstances in which be used;

(c) A description of the intent fect of the deviation;

(d) A statement as to wheth deviation has been requested prev and, if so, circumstances of the pr request;

(e) The name of the contracto identification of the contract af including the dollar value; and

(f) Detailed reasons supportin request, including any pertinent ground information which will co ute to a fuller understanding c deviation sought.

§ 18-1.109-50 Modification to ex contracts for new procurement.

(a) When an existing contract is fied to add new procurement, appro the deviations previously granted f existing contract must be obtaine the modificatioin as though the m cation were a new contract. New curement for the purpose of this se shall be considered any action requires the citation of an authori negotiate.

(b) An information copy of eac quest for deviation shall be furnishe cognizant Program Director.

§ 18-1.110 Reports of contracts.

(a) Special reports concerning NASA contracts prescribed by NASA Headquarters are designed to meet statutory and other congressional requirements, requirements of other Federal agencies, and to provide all levels of management with data on which to formulate procurement policy as well as to determine the extent of compliance with prescribed policy.

(b) Basic recurring reports are set forth in Subpart 18-16.9. The statistics furnished in these reports are also used in the preparation of reports furnished to the President, the Congress, other Federal agencies, and management within NASA. The accuracy, completeness, and timeliness of all reports are fully dependent on careful preparation and prompt submission.

§ 18-1.111 Reports of noncompetitive practices.

(a) Unless bids or proposals are genuinely competitive, contract prices tend to be higher than they should be. If the Administrator, NASA, or his representative considers that any bid received after formal advertising evidences a violation of the antitrust laws, he is required by 10 U.S.C. 2305(d) to refer such bids to the Attorney General of the United States for appropriate action (see § 18-2.404-1(b)(6)). Similarly, evidence of such violations in negotiated procurements will be referred to the Attorney General (see § 18-3.215-2). Practices which are designed to eliminate competition or restrain trade and which may evidence possible violations of such laws include collusive bidding, follow-theleader pricing, rotated low bids, uniform estimating systems, sharing of the business, identical bids, or similar actions.

(b) When bids or proposals are received and, in the opinion of the contracting officer, are indicative of possible antitrust violations, he shall report such circumstances to the General Counsel, NASA Headquarters, through the Procurement Office (Code KDP-1). Reports of such bids or proposals should not be submitted automatically, but only when there is some reason to believe that those bids or proposals may not have been arrived at independently. Such reports shall be submitted with conformed copies of bids or proposals, contract documents, and other supporting data, and shall set forth:

(1) The noncompetitive pattern or situation under consideration;

(2) Purchase experience in the same product or service for a reasonable period of time (1 or more years) prior to the receipt of the bids or proposals under consideration, including unit and total contract price and abstracts of bids;

(3) Community of financial interest among bidders, insofar as it is known;

(4) The extent, if any, to which specification requirements or patents restrict competition;

(5) Information which may be available with respect to the pricing system employed in bids or proposals believed to reflect noncompetitive practices; and

(6) Any other information considered pertinent.

(c) Evidence of noncompetitive bid practices which, in the opinion of the General Counsel, NASA Headquarters, may violate the antitrust laws shall be forwarded to the Attorney General of the United States.

(d) The reports required by this section are separate and apart from the reporting requirement contained in § 18-1.114.

§ 18-1.112 Relationship to ASPR and FPR.

(a) Since NASA is governed by the same procurement law as the Department of Defense (Chapter 137, Title 10, U.S.C.), and both agencies deal to a considerable extent with the same segment of industry, it is NASA policy to prescribe procurement regulations which, to the maximum practicable extent, are consistent with policies and procedures adopted by the Department of Defense in the ASPR.

(b) NASA and the General Services Administration have also reached agreement concerning the relationship between the FPR and the NASA Procurement Regulation. NASA has agreed to participate in the publication program established by the FPR system. Therefore, the NASA Procurement Regulation will be published in Chapter 18 of Title 41 of the Code of Federal Regulations and will utilize the numbering system employed by the FPR.

§ 18-1.113 Code of conduct.
§ 18-1.113-1 Government personnel.

(a) A number of Federal statutes prohibit certain acts by Government personnel and special Government employees as defined in 18 U.S.C. 202 in

relation to procurement activities for the Government. Among these statutes are the following: (1) 18 U.S.C. 201 relating to bribes in order to secure a Government contract; (2) 18 U.S.C. 203 relating to compensation for services rendered in connection with any proceeding or claim in which the United States has an interest; (3) 18 U.S.C. 205 relating to acting as an agent or attorney for prosecuting any claim against the United States; (4) 18 U.S.C. 208 relating to transacting business as an officer or agent of the United States with firms of which such officer or agent, his spouse, minor child, or partner is an official or in which he has a pecuniary interest; and (5) of 18 U.S.C. 209 relating to compensation from non-Government sources in connection with Government services. These statutory prohibitions, and their application to NASA personnel, are discussed in NASA Management Instruction 1910.1 "Conflict of Interest Statutes", NASA Management Instruction 1930.1 "Gifts and Gratuities", and NASA Management Instruction 1940.1 "Financial Interests and Investments". All NASA personnel involved in procurement actions shall become familiar with these statutory prohibitions. Any questions concerning them shall be referred to legal counsel. In addition to criminal penalties, the statutes provide that transactions entered into in violation of these prohibitions are voidable (18 U.S.C. 218).

(b) Aside from such statutory prohibitions, as set forth in paragraph (a) of this section, procurement personnel shall maintain the highest standards of conduct in connection with dealings on behalf of the Government. Such conduct must at all times be beyond reproach and must be such that each individual involved in NASA procurement activities would have no reticence in making a full public disclosure of all actions taken in connection with such activities.

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(2) Is placed in a position Government actions under circ in which there is danger that pany's judgment may be biase

(3) Otherwise finds that a c ists between the performance( services for the Government : partial manner and the comp self-interest.

(b) It has been NASA'S E that conflicts of this type occur quently in circumstances whe contractors provide support se volving either (1) the prepa specifications or statements of v incorporated into a solicitation proposals on subsequent proci or (2) access to the proprietar other companies. In such circui the following clause shall be use the solicitation and the ensuing LIMITATION ON FUTURE CONTR (JULY 1971)

(a) It is agreed by the parties to tract that the Contractor will be in its future contracting with NΑΙ manner described below. Except as s provided in this clause, the Contra be free to compete for NASA busin equal basis with other companies.

(b) If the Contractor, under the this contract, or through the per of tasks pursuant to this contract, is to develop specifications or stater work and such specifications or state work are to be incorporated into a tion, the contractor shall be ineligib form the work described within that tion as a prime or first tier subco under an ensuing NASA contract. strictions shall remain in effect for following the date of the initial soli It is further agreed that NASA will laterally require the Contractor to such specifications or statements under this contract.

(c) To the extent that the work un contract requires access to proprieta ness confidential, or financial data companies, and as long as such data proprietary or confidential, the Co shall protect such data from unau use and disclosure and agrees not t to compete with such companies.

(d) The restrictions of paragra above may be waived by the Contract cer if it is determined that such rest would be detrimental to the NASA pro

The waiver provision in paragra of the clause may be exercised contracting officer only after re written approval from the Direc Procurement, NASA Headquarter less the circumstances of paragrap or (c) of the clause are present, t

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