§18-1.233 Supplies and property.

(a) "Supplies" or "property" means all property except land or interests in land. It includes public works, buildings, and facilities; aircraft, missiles, satellites, and other aeronautical and space vehicles, together with related equipment, devises, components, and parts; machine tools; and the alteration or installation of any of the foregoing. "Supplies" as used in this chapter is synnymous with "property" as described in 10 U.S.C. 2303(b).

(b) The terms "supplies" and "proprty" are used interchangeably in this hapter unless otherwise specifically proided. These terms as used in this chaper have the same meaning as the term 'supplies" used in ASPR. The terms personal property and nonpersonal ervices" as used in the FPR have the ame meaning as "supplies and services" r “property and services” used herein.

18-1.234 United States.

"United States," when used in a georaphic sense, means the 50 States and he District of Columbia.

Subpart 18-1.3-General Policies 18-1.300 Scope of subpart.

This subpart sets forth general policies ith respect to the procurement of supues and services by formal advertising nd by negotiation.

18-1.301 Methods of procurement.

(a) General objective. It is the obctive of NASA to use that method of rocurement which will be most advangeous to the Government, price, qual7. and other factors considered.

(b) Competition. All procurements, hether by formal advertising or by egotiation, shall be made on a comutive basis to the maximum praccable extent.

(c) Formal advertising. Procureents shall be made by formal advering in all cases in which the use of ach method is feasible and practicable der the existing conditions and cirumstances. Procurement by formal

advertising shall be effected in accordance with Part 18-2 of this chapter.

(d) Negotiation. If the use of formal advertising is not feasible and practicable, procurements may be negotiated in accordance with Part 18-3 of this chapter.

Irrespective of whether the procurement of supplies or services from sources outside the Government is to be effected by formal advertising or by negotiation, competitive proposals ("bids" in the case of procurement by formal advertising, "proposals" in the case of procurement by negotiation) shall be solicited from all such qualified sources deemed necessary by the contracting officer to assure full and free competition consistent with the procurement of the types of supplies and services necessary to meet NASA's requirements.

§ 18-1.302-3 Production and research and development pools.

(a) Description. A production or research and development pool is a group of concerns (1) who have associated together for the purpose of obtaining and performing jointly, or in conjunction with each other, contracts for supplies or services or for research and development for defense use, or to effectuate the purposes of the Small Business Act; (2) who have entered into a pool agreement governing their organization, relationship, and procedure; and (3) whose agreement has been approved either in accordance with Section 708 of the Defense Production Act of 1950, as amended (Defense Production Pool), 50 U.S.C. App. 2158, or in accordance with Section

9(d) or 11 of the Small Business Act, 15 U.S.C. 631-647 (Small Business Pools). Pool participants are exempt from the "manufacturer or regular dealer" requirement of the Walsh-Healey Public Contracts Act (see 18-12.6), of this chapter.

(b) General rule. Except as provided in this section, a pool shall be treated for purposes of Government procurement on exactly the same basis as any other prospective or actual contractor.

(c) Ascertainment of status. The contracting officer is responsible for ascertaining whether a group of firms seeking to do business with the Government is a pool. In ascertaining the status of a group representing itself as a pool, contracting officers may rely on a copy of the Small Business Administration (SBA) or Office of Emergency Plans (OEP) (formerly OCDM) notification of approval of the pool. The Director of Procurement will expeditiously disseminate to field installations information received from SBA or OEP concerning the approval of production and research and development pools. In any case where the award of a contract to a group representing itself as a production or research and development pool is contemplated, and the contracting officer does not have data available as to the status of the pool, the group shall be requested to furnish to the contracting officer the following:

(1) A copy of the SBA or OEP notification of approval of the pool; and

(2) A list of the member companies of the pool and a statement regarding the type of organization and plan of operation of the pool.

(d) Contracting with pools. (1) A bid or proposal of a pool is not eligible for award to the pool unless submitted either by the pool in its own name or by an individual member expressly disclosing that it is on behalf of the pool. Except for contracts to be awarded to incorporated pools, the contracting officer shall, prior to award to a pool, require to be deposited with him a certified copy of a power of attorney from each member of the pool who is to participate in the performance of the contract authorizing an agent to execute the bid, proposal, or contract on behalf of such member. A copy of each such power of attorney shall be appended to each executed copy

of the contract retained by the Gover ment.

(2) Membership in a pool shall n of itself preclude individual membe from submitting bids or proposals as i dividuals on appropriate procuremen Bids or proposals submitted by an inc vidual member of a pool shall not considered when the individual memb has participated in the bid or propos submitted by the pool.

(e) Responsibility of pool memb Where a member of a production pc has submitted a bid or proposal in own name and not on behalf of a po the pool agreement shall be a factor be considered in determining the pc member's responsibility, pursuant Subpart 18-1.9.

§ 18-1.302-50 Contracts between NAS and Government employees.

(a) Procurement contracts betwe the Government and its employees business

organizations substantial owned or controlled by Government er ployees will not knowingly be enter into, except in those cases in which t needs of the Government cannot reaso ably be otherwise supplied. The speci approval of the Director of Procureme must be obtained for any such contra

(b) Surplus personal property sha not be sold to persons known to be of cers or employees of the Federal Go ernment, except as specifically autho ized by the Director of Procurement. § 18–1.302-51 Proposed subcontrac between NASA contractors and go ernment employees.

In the approval of subcontracts und NASA prime contracts, NASA contrac ing officers shall consider the poli restrictions of § 18-1.302-50 to apply subcontracts.

§ 18-1.304 Selection of items involvi proprietary data or other restricti factors.

In some cases the procurement of a item would involve proprietary data (s § 18-9.201(b)) or other factors whic would restrict sources of procurement limit competition, but alternative iten may be procured which would meet th needs of NASA. In such cases, consi eration will be given, in selecting th item to be procured, to the relative a vantages for aeronautical and space pu

(9) Time for the Government to perform its obligations under the contract (e.g., furnishing of Government property to the contractor, approval of preproduction samples, and inspection.)

poses of the item which involves such proprietary data or other factors as against the disadvantages of a restricted source of supply and possibly increased cost to the Government because of lack of competition. However, when a particular item best meets the needs of NASA, the contracting officer will not refrain from procuring the item solely because it would involve such restricHons or limitations.

(b) Where timely delivery or performance is unusually important to the Government, a liquidated damages provision may be used as provided for in § 18-1.310.

(c) Except where clearly unnecessary, invitations for bids and requests for

formance.

18-1.305-1 Scope.

This § 18-1.305 prescribes policy and procedure regarding requirements as to ime of delivery or performance of conracts for supplies or services, excluding onstruction.

18-1.305-2 General.

(a) The time of delivery or of perormance is an essential element of a ontract and must be clearly set forth a invitations for bids and requests for roposals. Time schedules for delivery ir performance shall be designed to meet be requirements of the particular prourement, all relevant factors considered, nd must be realistic. Schedules which re unreasonably tight or difficult of atainment tend to restrict competition, re inconsistent with small business polzies, and may result in higher contract rices. Therefore, before issuing an initation for bids or request for proposals, be contracting officer shall question any elivery or performance schedule which ppears unrealistic, and, if necessary, nitiate action to mak appropriate adustments, with due attention to all releant factors including one or more of the ollowing:

(1) Urgency of need for the supplies services;

(2) Production time in view of quanity.complexity of design, etc.;

(3) Market conditions;
(4) Transportation time;
(5) Industry practices;

(6) Capabilities of small business oncerns;

(7) Time for obtaining and evaluating ds or offers, and for awarding conracts;

(8) Time for contractors to comply ath any conditions precedent to perormance; and

of the basis on which their bids or proposals will be evaluated with respect to time delivery or performance.

§ 18-1.305-3 Terms.

(a) Delivery schedules may be expressed in terms of:

(1) Specific calendar dates (e.g., on or before July 1, 1964);

(2) Specified periods from date of contract (i.e., date of award or acceptance by the Government, or date shown on contract document as effective date of contract); or

(3) Specified periods from date of receipt by contractor of notice of award or acceptance by the Government (including notice by receipt of contract document executed by the Government). The full period which the Government holds out as being available for contract performance should not be curtailed to the prejudice of the contractor by delay in giving notice of award. Accordingly, one of the provisions in paragraph (b) or (c) of this section shall be used in advertised procurements and may be suitably modified and used in appropriate negotiated procurements (other than small purchases).

(b) Where the delivery schedule is in terms of specific calendar dates, invitations for bids shall include one of the following provisions:

(1) The foregoing delivery requirements are based on the assumption that the Government will make award by (contracting officer, insert calendar date). Each delivery date in the delivery schedule set forth herein will be extended by the number of calendar days after the above date that the contract is in fact awarded. Attention is directed to paragraph 8(d) of the Terms and Conditions of the Invitation for Bids, which provides that a written award mailed or otherwise furnished to the successful bidder results in a binding contract. Therefore, in computing

the available time for performance, the bidder should take into consideration the time required for notice of award to arrive through the ordinary mails. (February 1962)

(11) The foregoing delivery requirements are based on the assumption that the successful bidder will receive the notice of award by (contracting officer, insert calendar date). The Government will extend each delivery date in the delivery schedule set forth herein by the number of calendar days after the above date that the contractor receives notice of award: Provided, That the contractor

promptly acknowledges such receipt. (Feb

ruary 1962)

(c) Where the delivery schedule is based on the date of contract (see paragraph (a) (2) of this section), the invitations for bids will include the following provision:

Attention is directed to paragraph 8(d) of the Terms and Conditions of the Invitation for Bids, which provides that a written award mailed or otherwise furnished to the successful bidder results in a binding contract. Any award hereunder, or a preliminary notice thereof, will be mailed or otherwise furnished to the bidder the day the award is dated. Therefore, in computing the time available for performance, the bidder should take into consideration the time required for the notice of award to arrive through the ordinary mails. However, a bid offering delivery based on date of receipt by the contractor of the contract or notice of award (rather than the contract date) will be evaluated by adding the maximum number of days normally required for delivery of the award through the ordinary mails. If, as so computed, the delivery date offered is later than the delivery date required in the invitation, the bid will be considered nonresponsive and rejected. (February 1962)

(d) Where the delivery schedule is besed on the date of the contract (see paragraphs (a) (2) and (c) of this section), the contract, notice of award, acceptance of proposal, or other contract document executed by the Government shall be mailed or otherwise furnished the contractor on the day it is dated.

(e) Where the delivery schedule is based on date of recipt by the contractor of notice of award (see paragraph (a) (3) of this section), or where it is expressed in terms of specific calendar dates on the assumption that notice of award will be received by a specified date (see paragraph (b), clause li of this section), the notice of award, acceptance of proposal, or other contract document executed by the Government shall be sent by certified

mail, return receipt requested, or sh be accompanied by a date of receipt a knowledgment card.

(f) When the required delivery sche ule in the invitations for bids is bas on date of the contract (see paragrap (a) (2) of this section), a bid offering d livery based on date of receipt by t contractor of the contract or notice award (see paragraph (a)(3) of th section):

(1) Shall be evaluated by adding t maximum number of days normally r quired for delivery of the award throu the ordinary mails; and

(2) If the delivery date offered by t bid (computed in accordance with su paragraph (1) of this paragraph) is lat than the delivery date required in t invitation for bids, the bid shall be co sidered nonresponsive and rejected; b

(3) If award is made under subpar graph (1) of this paragraph, under t terms of the contract the delivery da will be the number of days, after actu receipt by the contractor of the notice award, which were specified in the bi § 18-1.305-4 Time of delivery claus

(a) Examples of time of delive clauses for invitations for bids are s forth in paragraphs (b) and (c) of th section. They may be modified or oth clauses may be used to state particul delivery requirements or any special pr cedures to be used in the evaluation, r jection, or award process as regards tir of delivery. These clauses also may suitably modified and used as approp ate in negotiated procurements.

(b) The following clause may be us where delivery by a particular time is e sential to meet the Government's r quirements:

TIME OF DELIVERY (FEBRUARY 1962) Delivery is REQUIRED to be made in a cordance with the following schedule:

Bids offering delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable REQUIRED delivery period specified above will be considered nonresponsive and will be rejected.

regards time of delivery. Bids offering delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable delivery period speciSed above will be considered nonresponsive and will be rejected. Where a bidder offers An earlier delivery schedule than that called for above, the Government reserves the right award either in accordance with the required schedule or in accordance with the chedule offered by the bidder. If the bidder ders no other delivery schedule, the delivsy schedule stated above shall apply.

BIDDER'S PROPOSED DELIVERY SCHEDULE

(d) In the blank spaces entitled "Time" under the clauses set forth in pars. (b) and (c) of this section, the following phrases, as appropriate: contracting officer shall insert one of the

(1) "[On] (on or before) the date(s) specified below."

(2) "Within the number of days stated below after date of contract."

(3) "Within the number of days stated below after the date of receipt of a written notice of award."

(4) "Within the periods specified below." (When this phrase is inserted, the wording "during the month(s) of "not sooner than than

the periods.)

or

and not later ." should be used to specify

§ 18-1.306 Approval signature.

Approval signatures on contracts or purchase authorizations shall be minimized to the greatest practical extent and, in the event that multiple approval signatures are required, they shall, where possible, be obtained concurrently.

§ 18-1.307 Priorities, allocations and allotments.

§ 18-1.307-1 NASA program.

(a) General. In the interest of maintaining a minimum priorities and allocations system as a mobilization preparedness measure, it is national policy to require contractors to use ratings and allotment authority to support military procurement, to the extent required by the Business and Defense Services Administration (BDSA). In addition to direct procurement and construction of