Subpart 18-1.1-Introduction

§ 18-1.100 Scope of subpart.

This subpart sets forth introductory information pertaining to the purpose, applicability, and content of this chapter. § 18-1.101 Purpose of this chapter.

This chapter, issued by the Director of Procurement under authority delegated by the Administrator, establishes for the National Aeronautics and Space Administration (NASA) uniform policies and procedures relating to the procurement of property and services under the authority of the National Aeronautics and Space Act of 1958, as amended (Public Law 85-568; 42 U.S.C. 2451 et seq.), Chapter 137, Title 10, of the United States Code, or other statutory authority. § 18-1.102 Applicability.

This chapter applies to all purchases and contracts made by NASA, within or outside the United States, for the procurement of property or services which obligate appropriated funds, unless otherwise specified herein.

§ 18-1.103 Arrangement of chapter.

This chapter is divided into parts, each one of which covers a separate aspect of procurement; and each part is further subdivided into subparts, sections, and paragraphs.

§ 18-1.107 Dissemination and effective date of this 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 Staff Of fice, Headquarters Program Office, and NASA field installation, to the Office of Procurement, NASA Headquarters (Code KDP).

(b) Heads of field installations will ensure that copies of the NASA Procurement Regulation are distributed to all interested NASA 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

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

(a) When a prescribed contract claus is set forth verbatim in NASA procure ment regulations, use of a contrac clause or a schedule provision covering the same subject matter which varie from, or has the effect of altering, the prescribed NASA clause, or changing it application;

(b) When a Standard, NASA, or othe form is prescribed by NASA procure ment regulations, use of any other forn for the same purpose;

(c) Alteration of a Standard or NASA form except as authorized by NASA pro curement regulations;

(d) When limitations are imposed b NASA procurement regulations upon th use of a contract clause, form, procedure type of contract, or any other procure ment action, the imposition of lesser o greater limitations; or

(e) When a policy, procedure, metho or practice of conducting procuremen actions is prescribed in NASA procure ment regulations, any policy, procedure method or practice inconsistent there with.

§ 18-1.109-2 Approval of deviations.

Deviations from NASA procuremen regulations will be authorized only whe it is essential to effect necessary pro curement or where special circumstance make such deviations clearly in the bes interest of the Government. Such de viations will be approved only by th Director of Procurement, or his author ized representative.

§ 18-1.109-3 Requests for deviations.

Requests for authority to deviate from the provisions of this chapter and othe procurement publications shall be sub mitted to the Office of Procuremen (Code KDR). Such requests shall b signed by the Procurement Officer of field installation (or the Director in th case of the IIeadquarters Contracts Divi sion and the Grants and Research Con Suc tracts Division) or his deputy. requests shall be submitted as far i

advance as the exigencies of the situation will permit. Each request for a deviation shall contain the following: (a) A clear statement of the deviation desired;

(b) The reasons the deviation is considered necessary or would be in the best interest of the Government;

(c) The name of the contractor and identification of the contract affected;

(d) A statement as to whether the deviation has been requested previously, and, if so, circumstances of the previous request; and

(e) Any pertinent background information which will contribute to a full understanding of the desired deviation. § 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 Government 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, and include the Individual Procurement Action Report (NASA Form 507) and the Procurement Status Report (NASA Form 561). The statistics furnished in these reports are also used in the preparation of reports furnished to the President, the Congress, other Government 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 geninely competitive, contract prices tend o be higher than they should be. If he Administrator, NASA, or his repreentative considers that any bid received After formal advertising evidences a vio

ation of the antitrust laws, he is required

10 U.S.C. 2305(d) to refer such ids to the Attorney General of the

2 of this chapter). Practices which are designed to eliminate competition or restrain trade and which may evidence possible violations of such laws include collusive bidding, follow-the-leader 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 Office of Procurement (Code KDP). 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 (one 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

see § 18-2.404-1(b) (6) of this chapter). imilarly, evidence of such violations in egotiated procurements will be referred >the Attorney General (see § 18-3.215

FPR.

(a) Since NASA is governed by the same procurement law as the Department of Defense (Chapter 137, Title 10