Failure or refusal to fur nish Standard Form 119. such Form was submitted; and (c) represent- § 18-1.508-1 ing that the statements in such previously furnished Form are applicable to this bid. (February 1962) (b) The statement, in paragraph (a) of this section, suitably modified, may be included in the request for proposals or quotations, in addition to the statement provided for in § 18-1.506(c). The contracting officer shall take the necessary steps to ensure that the indicated successful bidder or proposed contractor has furnished a representation (negative or affirmative) and agreement as prescribed in § 18-1.506. (a) If the indicated successful bidder or proposed contractor makes such representation in the negative, such representation may be accepted and award made or offer accepted in accordance with the procedures set forth in this chapter. (b) If the indicated successful bidder or proposed contractor makes such representation in the affirmative, a completed Standard Form 119 shall be requested from the bidder or proposed contractor. In the case of formal advertising, the making of an award in accordance with the procedures set forth in this chapter need not be delayed pending receipt of the form. In the case of negotiation, if the proposed contractor makes such representation in the affirmative, he shall be required to file a completed Standard Form 119 prior to acceptance of the offer or execution of the contract, unless the Director of Procurement considers that the interest of the Government will be prejudiced by the suspension of negotiations pending receipt and consideration of an executed Standard Form 119. (c) If the indicated successful bidder or proposed contractor fails to furnish the representation and agreement as set forth in § 18-1.506, such failure shall be considered a minor informality and, prior to award, such bidder or proposed contractor shall be afforded a further opportunity to furnish such representation and agreement. A refusal or failure to furnish such representation and agreement after such opportunity has been afforded shall require rejection of the bid or offer. If the otherwise successful bidder or contractor, upon request, fails or refuses to furnish a completed Standard Form 119, or a statement in lieu thereof as provided in § 18-1.507-1, one of the following actions shall be taken: (a) If an award has not been made or an offer accepted, the matter shall be referred to the procurement officer for a determination as to whether the bid or offer should be rejected; or (b) If the contract has been awarded or offer accepted, the matter shall be referred to the Director of Procurement, supported by a statement and summary of all pertinent facts and appropriate recommendations, for a determination as to what actions should be taken, such as making an independent investigation or considering the eligibility of the contractor as a future contractor. § 18-1.508-2 Misrepresentations or violations of the covenant against contingent fees. In case of misrepresentation, or violation or breach of the covenant against contingent fees, or some other relevant impropriety, one or more of the following actions shall be taken: (a) If an award has not been made or an offer accepted, the matter shall be referred to the procurement officer for a determination as to whether the bid or offer should be rejected; or (b) If an award has been made or an offer accepted, the matter shall be referred to the Director of Procurement, supported by a statement and summary of all pertinent facts and appropriate recommendations, for a determination as to what actions should be taken, such as (1) Enforcing the covenant in accordance with its terms; that is, as the best interest of the Government may appear, annul the contract without liability or recover the full amount of the fee involved; (2) Considering the eligibility of the contractor as a future contractor; or (3) Referring the case to the Department of Justice. § 18-1.509 Preservation of records. Contracting officers shall preserve, for enforcement or report purposes, at least one executed copy of any representation and completed Standard Form 119, or statement in lieu of the form, with a record of any other pertinent data, including data as to action taken. § 18-1.550 Responsibility for protecting information_contained in completed Standard Form 119. Information contained in completed Standard Form 119 shall be considered private and personal. Personnel having access to this information shall not discuss or transmit the information gained by them to any other person not entitled or authorized to have access to such -information. Subpart 18-1.6—Debarred, Ineligible, and Suspended Bidders § 18-1.600 Scope of subpart and definitions. § 18-1.600-1 Scope. This subpart prescribes policies and procedures relating to the debarment of bidders for any cause, ineligibility of bidders under section 1(a) of the WalshHealey Public Contracts Act (41 U.S.C. 35(a)), and the suspension of bidders for alleged fraud or other criminal conduct. § 18-1.600-2 Definition of affiliates. Business concerns are considered affillates of each other when, either directly or indirectly: (a) One concern or individual controls or has the power to control another; or (b) A third party controls or has the power to control both. In determining whether concerns are independly owned and operated and whether or not affiliation exists, consideration is given to all appropriate factors, including common ownership, common management, and contractual relationships. § 18-1.601 Establishment and maintenance of a list of firms or individuals debarred or ineligible. § 18-1.601-1 General. NASA shall establish and maintain a list of firms and individuals whom it has debarred or suspended, to whom contract awards of any character, including sales, will not be made, and from whom The NASA list shall show as a minimum the following information: (a) The names (in alphabetical order) of those firms or individuals debarred, ineligible, or suspended with appropriate cross-references where more than one name is involved in a single action; (b) The basis of authority for each action; (c) The extent of restrictions imposed; and (d) The termination date for each debarred listing. § 18-1.601-3 Joint consolidated list. The Department of the Army is responsible, as prescribed in 32 CFR 1.601-3, for the issuance of a Joint Consolidated List of firms and individuals ineligible, disqualified, debarred, suspended, or otherwise prohibited from entering into contractual relationship with the Departments of the Army, the Navy, and the Air Force. For the purposes of economy and uniformity, since the Military Departments contract essentially with the same segments of industry as NASA, the Joint Consolidated List is hereby adopted by NASA for its use, as supplemented by the list established and maintained by NASA. The Joint Consolidated List contains, as a minimum, the same type of information included in the NASA list (see § 18-1.601-2). Arrangements have been made with the Department of the Army to furnish NASA Headquarters with copies of the Joint Consolidated List. The Office of Procurement (Code KDP) will issue copies of this list to each procurement office. § 18-1.601-4 Protection of lists. The NASA list shall be marked with and treated in accordance with the protective term, "Limit Access to Government Personnel," unless details are Compliance with NAS list and joint consolidated list. NASA procurement personnel sha comply with the prohibitions containe in the NASA list and the Joint Consoli dated List. § 18-1.602 Limitation. included which require a security classi- § 18-1.601-51 § 18-1.601-50 Authority for making (a) The Administrator or his authorized representative shall, upon appropriate recommendation, determine whether a firm or individual will be administratively debarred or suspended and included in the NASA list. The Administrator, by NASA Management Instruction 3-3-5, has designated the Director of Procurement as an authorized representative of the Administrator for the purpose of making final determinations in respect to NASA debarments made pursuant to §§ 18-1.603 (a) (1) (iii) and 18-1.604-1(b) and suspensions made pursuant to §§ 18-1.603 (a) (4) and 181.605-2(b), including modifications and removals thereto. The debarment or suspension of firms or individuals is an administrative determination within the discretion of the Administrator or his authorized representative and each case will be decided upon its individual merits. The placement of a firm or individual on the list will be for the purpose of protecting the interest of the Government and not for punishment. (b) In taking any action to debar or suspend a firm or an individual, the Director of Procurement will refer the proposed action to the Director, Inspections Division, NASA Headquarters, for comment and any necessary investigation. In addition, such action will be coordinated with the General Counsel and other staff offices or divisions, as appropriate. No firm or individual will be include on the NASA list for causes or condition other than those set forth in this subpar Grounds for listing an § 18–1.603 treatment to be accorded listed co cerns. (a) A firm or individual may be liste for any of several reasons. The partic ular reason for listing determines th consequences thereof. The variou types of listing and the treatment to accorded each type are set forth belov (1) Type A includes debarments any of the following categories: (i) Those listed by the Comptroll General pursuant to section 3 of th Walsh-Healey Public Contracts Act ( U.S.C. 37) for violating the requiremen of that Act; (ii) Those listed by the Comptroll General pursuant to section 3 of th Davis-Bacon Act (40 U.S.C. 276a-2(a) for violating the requirements of th Act; and (iii) Those whom the Administrat or his authorized representative has d termined to debar for any of the caus and under all of the conditions set for in § 18-1.604. Bids or proposals shall not be solicit (2) Type B includes firms or indivi uals whom the Secretary of Labor h determined to be ineligible because th do not qualify as "manufacturers" "regular dealers" within the meaning section 1(a) of the Walsh-Healey Public Contracts Act (41 U.S.C. 35(a)). Under that Act, procurement contracts in excess of $10,000 shall not be awarded to firms or individuals under Type B listings for those materials, articles, or equipment with respect to which the firm or individual has been found to be ineligible. NASA, as a matter of policy, applies the same rule to contracts of $10,000 or less. However, bids or proposals may be solicited, and contracts in any amount may be awarded, for commodities with respect to which the firm or individual has not been declared ineligible. In connection with ineligibility under the Walsh-Healey Act (Type B listings only), the name of an individual may be listed as affiliated with an ineligible firm. This listing is intended only to prevent such individuals from evading ineligibility merely by changing their business names and addresses. It does not prohibit other firms in which such individuals have an interest, and which are qualified manufacturers or regular dealers, from receiving contracts subject to the Walsh-Healey Public Contracts Act. (3) Type C includes firms or individuals whom the Administrator, pursuant to section 3(b) of the Buy American Act (41 U.S.C. 10b (b)), has found to have failed to comply with the Buy American Act clause required for construction contracts (see § 18-6.205 of this chapter). Bids or proposals for the construction, alteration, or repair of public buildings or public works in the United States or elsewhere shall not be solicited from firms or individuals under Type C listings; nor shall contracts for such work be awarded to such firms or individuals. However, firms or individuals under Type C listings may be solicited for bids or proposals and may be awarded contracts for other than the construction, alteration, or repair of public buildings or public works. (4) Type D includes firms or individuals whom the Administrator or his au thorized representative has determined to suspend for any of the causes and under all of the conditions set forth in 18-1.605. Firms or individuals under Type D listings shall not be solicited for bids or proposals, nor awarded contracts, except as set forth in paragraph (d) of this section, or where the listing indicates that the suspension does not apply to procurement contracts or sales contracts (see § 18-1.606). (5) Type E includes firms or individuals who have been reported by the Secretary of Labor to have violated labor standards provisions of any of the following statutes: (i) Anti-Kickback Act (48 Stat. 948) as amended (40 U.S.C. 276 (c)); (ii) Work Hours Act of 1962 (40 U.S.C. 327-332); (iii) National Housing Act (53 Stat. 804) as amended (12 U.S.C. 1703); (iv) Hospital Survey and Construction Act (60 Stat. 1040); (v) Federal Airport Act (60 Stat. 170) as amended (49 U.S.C. 1101); (vi) Housing Act of 1949 (63 Stat. 413) (42 U.S.C. 1441); (vii) School Survey and Construction Act of 1950 (64 Stat. 967) (20 U.S.C. 251); (viii) Federal Civil Defense Act of 1950 (64 Stat. 1245) as amended (50 U.S.C. 1245); (ix) Defense Housing and Community Facilities and Services Act of 1951 (65 Stat. 293) as amended (42 U.S.C. 1591); and (x) Area Redevelopment Act of 1961 (75 Stat. 47) (42 U.S.C. 2501). Concerns under Type E listings shall not be awarded contracts which are subject to any of the foregoing statutes. (6) Type F includes firms or individuals who have been designated by notification from the Executive Vice Chairman of the President's Committee on Equal Employment Opportunity (hereinafter, in this subpart, called "the Chairman") as ineligible for Government contracts for noncompliance with the Equal Opportunity in Federally Assisted Contracts clause or Equal Opportunity clause. See § 18-12.802 of this chapter (and §§ 60-1.26, 60-1.27, and 60-1.31 of the rules and regulations of the President's Committee on Equal Employment Opportunity, as amended December 14, 1961, hereinafter in this Subpart 18-1.6 called "the Rules"). Except as otherwise provided in the notification from the Chairman, no contracts with such firms or individuals shall be entered into, extended, or modified until notification has been received from the Chairman that the eligiblity of such firms or individuals has been reestablished (Section 312(e), Subpart D, E.O. 10925, March 7, 1961 (3 CFR 1959-1963 Comp.). (b) Administration of current contracts in all phases may be continued with a firm or individual, notwithstanding the listing of such firm or individual, unless otherwise prescribed by the Administrator or his authorized representative. However, payment of all or any part of funds due or to become due shall be withheld when such action is determined to be in the best interest of the Government by the Administrator or his authorized representative. When it appears necessary to withhold payments to protect the interests of the Government, action to withhold payment under the contract shall be initiated promptly by the contracting officer and the matter shall be referred to the Office of Procurement for decision. No payments shall be made pending this decision. (c) When a listed firm or an individual is proposed as a subcontractor, the contracting officer shall decline to consent to subcontracting with such firm or individual in any instance in which consent is required of the Government before the subcontract is made. If award of a subcontract to a listed firm or individual is considered in the best interest of the Government, the contracting officer, prior to approving such award, shall submit a written recommendation to the Office of Procurement, citing complete and detailed justification for the award. Based on such justification, the Director of Procurement may authorize an exception to the restrictions imposed by the listings. In the case of subcontracts already in effect, prime contractors may not be required to terminate subcontracts with a listed firm or individual unless provisions of the prime contract reserve to the Government such control over subcontracting permitting the Government to require their termination. If the Government has such control, the contracting officer shall decide whether such subcontracts should be continued or terminated and forward his recommendations to the procurement officer (see § 18-1.226) for an appropriate determination. The procurement officer shall decide whether it is in the best interests of the Government to continue or termi nate such subcontracts, unless otherwise prescribed by the Director of Procurement. (d) The Administrator or his authorized representative may authorize exceptions to the restrictions imposed by Type A(iii) listings and Type D listings, including Type A (iii) listings and Type D listings contained in the Joint Consolidated List, when it is determined that such action is in the best interest of the Government. In such cases, when it is considered necessary or advisable to solicit bids or proposals from, or to award a contract to, a listed firm or individual the contracting officer shall submit a written recommendation to the Office of Procurement, citing complete and detailed justification for the proposed ac The recommendation will tion. be based on such factors as (1) urgent de § 18-1.604 Debarment of bidders. (a) The Administrator may, in the public interest, debar a firm or individua for any of the clauses set forth i § 18-1.604-2. (b) The Director of Procurement, a an authorized representative of the Ad ministrator, is authorized to debar in th Causes for debarment. (a) Conviction by or a judgment ob tained in a court of competent jurisdic tion for: (1) Commission of fraud or a crimina offense as an incident to obtaining, at tempting to obtain, or in the performanc of a public contract; (2) Violation of the Federal antitrus statutes arising out of the submission o bids or proposals; or (3) Commission of embezzlemen theft, forgery, bribery, falsification o destruction of records, receiving stole property, or any other offense indicatin a lack of business integrity or busines |