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 Armed Services Procurement Regulation (ASPR).

(b) NASA and the General Services Administration have also reached agreement concerning the relationship between the Federal Procurement Regulation (FPR) and the NASA Procurement Regulation. NASA has agreed to participate in the publication program established by the FPR system. Therefore, portions of the NASA Procurement Regulation which require publication will be published in this chapter and will utilize the numbering system of the FPR system. § 18-1.113 Code of conduct.

(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) 18 U.S.C. 209 relating to compensation from non-Government sources in connection with Government services. All procurement personnel 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 of behalf of the Government. Such con duct must at all times be beyond re proach and must be such that each in dividual involved in NASA procuremen activities would have no reticence i making a full public disclosure of a actions taken in connection with suc activities.

§ 18-1.114 Reporting of identical bids

(a) General. Executive Order 1093 (April 24, 1961, 3 C.F.R. 1961 Supp., f 104), as implemented by the Depart ment of Justice, requires that a report b submitted to the Attorney General o each formally advertised procuremen (including small business restricted ad vertising) over $10,000 which involve identical bids.

(b) Definitions. (1) Identical bids ar two or more bids for the same line iten which:

(i) Are identical on their face (re gardless of such evaluation factors a discount, transportation, etc.) either a to unit price or total line item amount

or

(ii) Are identical as evaluated as t either unit price or total line iten amount.

(2) The term "line item" means eac object of procurement specified in a invitation for bids which, under th terms of the invitation, is susceptibl to a separate contract award. The re porting requirements herein establishe for line items are applicable to invita tions calling for line item bidding, eve though such bids contain qualifying o restrictive limitations on award (e.g. all-or-none bids; lump sum awards i the case of construction contracts; awar on one item conditioned on award o other items).

(c) Information to be obtained fron bidders. Each invitation for bids fo & procurement estimated to excee $10,000 will include substantially th following:

PARENT COMPANY AND EMPLOYER IDENTIFICA TION NUMBER (MARCH 1963)

(a) Bidder represents that he [ ] is, [ is not, owned or controlled by a parent com pany. For this purpose a parent compan is defined as one which either owns or con trols the activities and basic business poli cies of the bidder. To own another com pany means the parent company must owI 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 & parent company, insert in the space below the name and main office of the parent company.

(c) Bidder will provide in the applicable space below, if he has no parent company, his own Employer's Identification Number (E.I. No.) (Federal Social Security Identification Number as used on Federal Tax Return); or, if he has a parent company, the EI. No. of his parent company. Bidder's E.I. No..........

Parent Company's E.I. No...--

The information required by this paragraph (c) will be included on reports of dentical bids. If identical bids are involved and bidders fail to provide this nformation, one inquiry will be made to obtain such information. Failure on the part of bidders to provide the infornation in this paragraph on invitation 'or bids shall be indicated on all reports ✰ identical bids, but shall not be considred a basis for rejection of bids.

(d) Reportable bids. All identical bids shall be reported when the bid value If all line items covered by the invitation for bids exceeds $10,000 (based on the pparent low bid for each line item), regardless of whether:

(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. (e) Conditions under which identical bids are not reportable. Reports shall not be submitted when:

(1) Bids are received only from foreign sources on invitations for bids inFolving delivery and performance outde the United States, its possessions, or Puerto Rico;

(2) There is no line item on which the apparent low bids exceed $2,500 (line tem evaluation computations beyond hose normally made to determine low widders are not required); or

(3) No identical bids are discovered in the normal process of evaluating bids for award and no identical bids are apparent on the face of the bid.

(f) Information to be reported. When a procurement invitation results in the submission of identical bids to be reported under paragraph (d) of this section, a report shall be submitted showing the entire bid proceeding for each line item in which identical bids are received. A copy of the invitation for bids and a copy of the completed abstract of all bids received shall be filed with the report, except that an abstract will not be furnished if the number of line items on the invitation for bids exceeds 100. In such case, the report shall be annotated to indicate both the number of line items and the total number of bidders on the invitation.

(g) Submission of reports. (1) Identical Bid reports shall be submitted on Department of Justice Form DJ-1500 (Federal Stock No. 7540-823-7870), available from General Services Administration stores and depots. Instructions for completing this form are printed as the cover sheet of each pad of the forms. Reports shall be made within 20 days following the final disposition of all bids received in response to the invitation for bids involved. Two completed copies of the report, with attachments, and of the completed bid, shall be sent directly to the Attorney General (Code AT-IBR), Washington, D.C. One copy of the completed report (including abstract of bids, if appropriate) shall be retained by the reporting installation and one completed copy submitted to the Director of Procurement (Code KDP), NASA Headquarters.

(2) This reporting requirement is in addition to and will not be deemed a substitute for the reports of noncompetitive practices required by § 18-1.111. § 18-1.115 Noncollusive bids and proposals.

(a) In order to promote full and free competition for Government contracts, the following certification shall be included 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 two-step formal advertising) involving

firm fixed-price contracts and fixed-price contracts with escalation:

shall have the meanings set forth in th subpart, unless (a) the context in whic

1963)

(a) By submission of this bid or proposal, the bidder or offeror certifies in connection with this procurement that:

(1) The price in this bid or proposal has been independently arrived at without collusion with any other bidder or offeror or with any competitor;

(2) Unless otherwise required by law, the price in this bid or proposal has not been knowingly disclosed and will not be knowingly disclosed 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 or will be made to induce any other person or firm to submit or not to submit a bid or proposal.

(b) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification.

(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), (a)(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 head of the agency, or his designee, determines that the disclosure was not made with collusive intent.

(b) The authority to make the determination described in paragraph (d) of the certification in paragraph (a) of this section shall be exercised by the Director of the Installation or his deputy. (c) 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 rejection 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 of this chapter.

Subpart 18-1.2-Definition of Terms § 18-1.201

Definitions.

As used throughout this chapter, the words and terms defined in this subpart

meaning or (b) a different definition prescribed for a particular part or po tion thereof.

"Administrator" means the Admini trator or Deputy Administrator of NAS § 18-1.203 Change order.

"Change order" means a written ord signed by the contracting officer, dired ing the contractor to make chang which the changes clause of the contra authorizes the contracting officer to der without the consent of the co tractor.

§ 18-1.204 Construction contractor.

"Construction contractor" means person (or firm) who, before bei awarded a contract, satisfies the co tracting officer that he qualifies as on

(a) Who owns, operates, or mainta a place of business regularly engaged the construction, alteration, or repair buildings, structures, communication cilities, or other engineering projects, cluding the furnishing and installing necessary equipment; or

(b) Who, if newly entering into a co struction activity, has made all nec sary prior arrangements for person construction equipment, and required censes to perform construction work. § 18-1.205 Contract modification.

"Contract modification" means written alteration in the specificati delivery point, rate of delivery, contr period, price, quantity, or other contr provisions of an existing contr whether accomplished by unilateral tion in accordance with a contract pr sion, or by mutual action of the par to the contract. It includes (a) bilat actions such as supplemental agi ments, and (b) unilateral actions such change orders, administrative chan notces of termination, and notices of exercise of a contract option.

§ 18-1.206 Contracting officer.

"Contracting officer" means any ployee of NASA who is currently de nated a contracting officer with authority to enter into and admini

"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, Office of Procurement, NASA Headquarters (Code KD).

§ 18-1.209 Executive agency.

"Executive agency" means any executive department or any independent establishment in the Executive Branch of the Government, including any wholly owned Government corporation, the National Aeronautics and Space Administration, and the Departments of the Army, Navy and Air Force.

§18-1.210 Federal agency.

"Federal agency" means any executive agency or any establishment in the Legislative 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; Electronics Research Center: Flight Research Center; Goddard Space Flight Center; Langley Research Center; John F. Kennedy Space Center, NASA; Lewis Research Center; Manned Spacecraft Center; George C. Marshall Space Flight Center; Pacific Launch Operation Center; North Eastern Office; Wallops Station; Western Operations Office, and any other field installation hereafter established NASA.

by

§ 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;

State or local government, possession, or (b) An agency or instrumentality of a Puerto Rico;

foreign government. (c) An agency or instrumentality of a

§ 18-1.214 Head of a field installation. "Head of a field installation" means the Director of a field installation. § 18-1.215 Head of the agency.

"Head of the agency" means the Administrator or Deputy Administrator of NASA.

(a) Who owns, operates, or maintains a factory or establishment that produces on the premises the materials, articles, or equipment required under the contract and of the general character described by the specifications; or

(b) Who, if newly entering into a manufacturing activity, has made all facturing space, equipment, and personnecessary prior arrangements for manunel to perform the manufacturing operations required for contract performance; and

(c) Who, before being awarded a contract, satisfies the contracting officer that he qualified under paragraphs (a) or (b) of this section.

"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.

§ 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.

"Procurement officer" means the Head of a procurement office.

ment in which materials, articles, o equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and sold to the public in the usua course of business; or

(b) In the case of articles of particula kinds (lumber and timber products, coal machine tools, raw cotton, petroleum green coffee, tea, agricultural liming ma terials, or hay, grain, feed, or straw) who satisfies the requirements of the Regulations of the Secretary of Labo (41 CFR 201.101(b) and 201.603(f) unde the Walsh-Healey Public Contracts Act and

(c) Who, before being awarded a con tract, satisfies the contracting officer tha he is engaged in an established regula business, meeting all the criteria of para graph (a) or (b) of this section.

It is not enough in the case of a regula dealer to show only that arrangement have been made to set up such a busi ness. Before an award can be made, th dealer must show that he is an estab lished going business regularly dealing i the particular articles, or articles of th general character sought by the Gov ernment.

§ 18-1.229 Service contractor.

"Service contractor" means a perso (or firm) who, before being awarded contract, satisfies the contracting office that he qualifies as one:

(a) Who owns, operates, or maintain a place of business regularly engaged i performing nonpersonal services, such a the repair, maintenance, or rebuilding o personal property; the packing, crating or moving of material; the operation c equipment or facilities; the rental c equipment or facilities; or the perform ance of administrative, professional, c technical functions; or

(b) Who, if newly entering into a serv ice activity, has made all necessary pric arrangements for personnel, servic equipment, and required licenses to per form services.