NFS part 1809

PART 1809

CONTRACTOR QUALIFICATIONS

Subpart 1809.1--Responsible

Prospective Contractors

1809.102 Applicability.

1809.102-70 Procurements from Canadian sources of supply.

(a) Awards to Canadian sources of supply are subject to FAR Subpart 9.1. A Canadian firm proposed by the Canadian Commercial Corporation (CCC) as its subcontractor generally shall be accepted as responsible by the contracting officer under the provisions of FAR 9.104-4(a). When the firm proposed by CCC is so accepted, preaward survey forms need not be completed.

(b) The contracting officer, when the CCC proposal is not consistent with other available information, shall request from CCC and any other appropriate sources additional information or plant surveys needed in order to make the determination of responsibility required by FAR 9.103(b). The additional data may be requested on the preaward survey forms or on any other forms. Upon request, CCC shall be furnished the reasons for the rejection of its proposed firm.

1809.105 Procedures.

1809.105-1 Obtaining information.

When a performance or payment security requirement is included in the solicitation and the offeror proposes a corporate surety, the contracting officer shall satisfy the requirements of FAR 28.202 by obtaining the most current information from the Department of Treasury Circular 570 Bulletin Board, FTS (202) 874-7214. Use communications software specifications.

Baud rate: 2400

Parity: None

No. of Data Bits: 8

No. of Stop Bits: 1

Duplex: Full

1809.106 Preaward surveys.

1809.106-1 Conditions for preaward surveys.

In addition to the circumstances enumerated in FAR 9.106-1(a), preaward surveys normally are not required when --

(a) The contract is for study or research only;

(b) The data necessary for a responsibility determination are available from other sources;

(c) The pending contract will be a definitive contract superseding a letter contract;

(d) An order is placed under an existing contract; or

(e) The source has been recommended by a NASA Source Evaluation Board.

1809.106-70 NASA Preaward surveys.

(a) Preaward survey procedures. Preaward surveys shall be conducted in compliance with FAR Subpart 9.1 and this subsection 1809.106-70.

(b) General. Paragraphs (c) through (k) of this section establish detailed procedures for conducting preaward surveys, including preaward surveys conducted by NASA, those conducted by another agency for NASA, and those jointly conducted.

(c) Definitions.

"Monitor," as used in this subsection, means the person designated to administer the preaward survey in accordance with paragraph (f)(2) of this section.

"Team coordinator," as used in this subsection, means the person designated by the monitor to coordinate the on-site survey, arrange for plant visits, and conduct team conferences as necessary before, during, and after the plant visit.

"Preaward survey review board" means a board established to review and approve or disapprove preaward survey reports.

(d) Procedure for requesting preaward survey.

(1) A preaward survey shall be requested on Standard Form 1403, Pre-award Survey of Prospective Contractor (General). The requestor shall indicate in Section III of the SF 1403 the scope of the survey desired. Factors requiring emphasis not enumerated in Section III should be listed under block 20.H. of that section. The "Walsh-Healey Public Contracts Act" block of Section I is for information purposes only. If information is needed for a determination on the offeror's eligibility under the Walsh-Healey Act, it must be specifically requested in block 20.H. of Section III. A survey may be requested by telegraphic or facsimile communication containing the data required by Sections I, II, and III of SF 1403. A survey may be requested by telephone but shall be immediately confirmed on SF 1403. Unless previously furnished, a copy of the solicitation and such drawings and specifications as the contracting office deems necessary shall be supplied with the preaward survey request.

(2) Any information indicating previous unsatisfactory contract performance shall be furnished to the survey activity with the preaward survey request, unless it is known that the survey activity already has this information.

(3) The request for preaward survey shall be forwarded in an original and three copies to the responsible survey activity. If the survey activity is a DOD agency, the request is to be sent to the appropriate office shown in the DOD Directory of Contract Administration Services Components, DLAH 4105.4, Attn: Preaward Survey Monitor. The date on which the completed survey report is desired should be indicated; DOD normally allows seven working days in which to conduct a full survey and submit the report to the requesting agency.

(e) Scope of survey.

(1) A complete survey encompasses (i) investigation, to the extent applicable to the proposed contract, of the factors listed in Section III of SF 1403, together with other requirements of special inquiry as requested by the contracting officer, and (ii) submission of appropriate findings.

(2) A partial survey encompasses (i) investigation of those factors referenced in paragraph (1) of this section that are specifically requested by the contracting officer and any other factors considered advisable by the activity conducting the survey, and (ii) submission of appropriate findings.

(3) The activity conducting the survey may execute and transmit to the contracting officer a short-form preaward survey report when sufficient current favorable information is available to recommend award without a formal survey. The SF 1403 will be used as the survey report in accordance with procedures outlined in paragraph (f)(1)(iv) of this section. If the contracting officer needs additional information on contractor capability, the activity conducting the survey may be so advised, and a detailed survey report shall be provided.

(f) Contracting office procedure.

(1) General.

(i) Preaward surveys shall normally be conducted within seven working days after receipt of the request and in the detail requested by the contracting officer. In unusual situations, reports of surveys may be requested in a shorter time if the situation so warrants. Qualified specialists responsible for the factors referenced in paragraph (e)(1) of this section shall participate as required.

(ii) Representatives of the contracting office and other activities shall participate in preaward surveys when requested by the contracting officer or as desired by the contracting office.

(iii) If the preaward survey cannot be accomplished within the time allowed, the contracting officer shall be so notified. If the date is not extended, the preaward survey monitor shall supply a definite recommendation by the date required, based on the material at hand or developed by that time. The basis for the recommendation and the factors for which no data or only partial data could be obtained shall be indicated.

(iv) When the activity conducting the survey possesses sufficient current favorable information about an offeror to recommend award without performing a formal survey, a short-form preaward report consisting solely of SF 1403 may be executed and forwarded to the contracting officer unless the contracting officer has requested additional information (see paragraph (e) of this section). Sections III and IV of the SF 1403 shall be completed and the following statement shall be stamped in block 23, the "Remarks" portion of Section III: SHORT-FORM PREAWARD REPORT. Pursuant to 1809.106-70(e)(3), complete award is recommended.

(2) Designation of preaward survey monitor. An individual within each procurement office performing preaward surveys shall be designated as the preaward survey monitor. The monitor shall administer the preaward survey from the receipt of the request through the issuance of the final report to ensure appropriate coverage and maximum efficiency. The monitor shall take the actions listed in subdivisions (i) through (xiii) following:

(i) Receive all incoming preaward survey requests.

(ii) Ascertain whether the prospective contractor is included on the Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs for any reason, including those attributable to equal employment opportunity practices. (If the prospective contractor is listed, the contracting officer shall be promptly advised and the preaward survey shall not be completed, unless specifically requested by the contracting officer.)

(iii) Compare the survey request with the requirements of the solicitation.

(iv) Determine the need for an on-site survey after reviewing the type and quantity of items or services involved, previous experience with the firm, the technical and schedule requirements, and the extent of other information currently available. If an on-site survey has been requested and sufficient information is already available in the contracting or other offices (e.g., DOD contract administration office), the monitor shall ask the contracting officer whether an on-site survey must nevertheless be conducted, and for the specific elements to be covered.

(v) Determine and advise the organizational segments of the installation (e.g., engineering, production, reliability and quality assurance, and contract administration) that will furnish team members.

(vi) Provide team members--

(A) The date on which the information is required from each organizational segment;

(B) Identification of the portion of the survey for which each organizational segment is responsible;

(C) Information on whether an on-site survey of the prospective contractor's facility is contemplated (this is subject to later modification on the basis of information supplied by team members);

(D) Any special terms and conditions noted in the solicitation; and

(E) Any other information or guidance the particular request may require.

(vii) After discussion with appropriate organizational segments, designate the team coordinator.

(viii) Arrange for required audit and other external assistance. For example, when award depends upon the contractor's having an adequate cost accounting system for proper postaward administration of the contract, the cognizant audit agency shall be responsible for the system review, evaluation, and conclusive recommendation (SF 1408 is provided for this purpose).

(ix) Coordinate any participation where the preaward survey is being performed for another NASA installation.

(x) Receive reports of the individual team members and review them for completeness and adequate substantiation.

(xi) Resolve questions regarding technical details with responsible specialists.

(xii) Report those applicable procedures of the prospective contractor that have been reviewed by Government personnel (e.g., procurement system, estimating system, accounting system, control of Government property, and quality program).

(xiii) Assemble all necessary survey data into a report, including a recommendation as to award, and submit it to the chairperson of the preaward survey review board.

(3) Designation and responsibilities of team coordinator and members.

(i) When an on-site survey by a team is necessary, members should include specialists qualified to evaluate all appropriate phases of the firm's capabilities. The team coordinator shall arrange for the team's visit to the site, direct the team's efforts, and conduct team conferences for the purposes listed in subdivisions (A) through (C) following:

(A) Arriving at uniform interpretations before holding discussions with the prospective contractor's management.

(B) Briefing team members on their interviews and discussions with officials of the firm before making the on-site survey. Members shall not refer to or comment on the possibility that award will or will not be made to the prospective contractor. This does not preclude discussion with a prospective contractor of questionable areas that in the opinion of the team member require clarification. Information obtained during the survey will be treated in strict confidence and divulged only to those Government representatives having a need to know.

(C) Arranging for discussions among members during and after the on-site survey to ensure that evaluations by individual specialists are integrated, coordinated, and complete.

(ii) When an on-site survey is required for only one aspect of the prospective contractor's capability, a qualified specialist shall be designated to conduct the on-site portion of the survey. One specialist may be designated to investigate more than one aspect when it is within the specialist's capability.

(4) Preaward survey review board.

(i) A preaward survey review board shall be formally established to review and approve survey reports before they are transmitted to the contracting officer.

(ii) The board shall be composed of senior specialists representing each of the major functions normally associated with preaward surveys, one of whom shall be designated chairperson. Flexibility of membership shall be provided by designating alternates and by establishing the criteria or conditions governing the need for occasional special technical representation. Membership on the board shall be in addition to the members' regular duties.

(g) Steps for survey performance. The three steps in performing a preaward survey are the--

(1) Preliminary analysis;

(2) Development and evaluation of information; and

(3) Preparation and review of the preaward survey report.

(h) Preliminary analysis. The request (SF 1403, Sections I, II, and III) shall be reviewed to establish basic administrative information and the factors to be investigated. The solicitation shall then be reviewed to ascertain those general and special requirements having a significant bearing on determining contractor responsibility. Examples are the nature of the product or services, applicable specifications, delivery schedule, documentation requirements, property control requirements, and financing aspects.

(i) Development of information.

(1) Review of available data. Information already available in the contracting office pertaining to the prospective contractor and its past performance shall be reviewed. Prior preaward survey reports and contractor performance records shall be examined and considered in support of preaward survey recommendations. If the prospective contractor has current or contemplated Government contracts, the files should be checked for information regarding similarity of product, current status of contracts, quality control experience, and financial status.

(2) Development of additional data.

(i) When appropriate, the contracting office shall supplement the data on hand with any additional information required from other Government sources and from commercial sources, such as banks, business associates, and credit rating and reporting agencies.

(ii) An on-site survey shall be performed when sufficient information is not developed as a result of actions taken under paragraphs (i)(1) and (i)(1)(i) of this section.

(iii) A narrative covering each factor investigated shall be referenced in Section III of SF 1403 and appended to the form. This narrative shall include detailed discussion supporting findings of both satisfactory and unsatisfactory conditions and shall include reasons for all stated conclusions.

(iv) When a prospective contractor proposes to acquire additional resources essential to performance of the proposed contract, the activity conducting the survey shall as a minimum obtain and evaluate--

(A) An itemized list of the required resources;

(B) A planned method of acquisition; and

(C) A schedule for acquisition of resources.

(v) Failure to meet commitments on previous contracts shall be documented in the current preaward survey report and considered in the final recommendation.

(j) On-site surveys.

(1) Interview, investigation, and review.

(i) General. An on-site survey consists of an interview with representatives of the prospective contractor and, normally, an investigation of its resources and procedures.

(ii) Interview with management. Management officials of the appropriate level authorized to represent the prospective contractor should be interviewed. The prospective contractor's background shall be reviewed and as much history recorded as is necessary to reflect the soundness and reputation of the firm's operation.

(A) The organizational structure of the facility is the basis for management's control and must be reviewed. Assignment of definite tasks and responsibilities should be checked.

(B) Lack of understanding or misinterpretation of the solicitation often results in delinquent contracts and leads to default actions. Therefore the solicitation shall be discussed with the prospective contractor to ensure understanding of its requirements, including its technical aspects, such as drawings, specifications, prototype, technical data, testing, packaging, and the Government's right to use technical data in accordance with the terms of the solicitation. Any misinterpretations of the requirements of the solicitation that could adversely affect performance, or refusal by the prospective contractor to furnish required data, should be brought to the immediate attention of the monitor by the team coordinator. The monitor shall, in turn, promptly advise the contracting officer.

(iii) Investigation of resources and review of procedures. The resources the prospective contractor intends to utilize shall be inspected, analyzed, and compared with overall plans for performing. Procedures relating to performance of the proposed contract shall be reviewed for adequacy.

(iv) Specific factors to be considered. In the course of developing information, those factors described in subparagraphs (2), (3), and (4) following, and all others needed to provide the report and recommendations in the detail and to the extent required by the contracting officer, shall be considered.

(2) Production.

(i) General. The production portion of the on-site survey consists of an evaluation of the prospective contractor's ability to manufacture the products or accomplish the tasks in accordance with the specifications and delivery schedule of the proposed contract. To achieve the objectives of this portion of the on-site survey, the production plan shall be reviewed, production resources ascertained, and the plan related to these resources.

(ii) Obtaining the production plan. The prospective contractor's production plan for meeting the delivery schedule shall be ascertained. The principal milestones within the production plan shall be established, along with target dates for achievement. These target dates must support the delivery schedule. The controls to be utilized in order to gear and hold the manufacturing effort to the target dates for the principal milestones shall be analyzed for suitability.

(iii) Ascertaining production resources. The information necessary to prepare SF 1404 and SF 1405 shall be obtained by discussion with appropriate management personnel of the prospective contractor. This information shall be verified, when necessary, by physical inspection of the manufacturing plant and evaluated in terms of suitability to manufacture the required items.

(iv) Relating production plans to production resources. When necessary, representatives of the prospective contractor shall be requested to advise how in-house and subcontractor production resources described in Sections II, III, IV, and V of SF 1405 will be allocated and utilized in order to achieve the target dates for the principal milestones. Pertinent to this discussion is an analysis of other projects and contracts that will compete for utilization of those resources during the period specified by the prospective contractor's production plan. The information developed as a result of equating the production plan and production resources of the prospective contractor should enable the contracting office to determine whether or not--

(A) The resources the prospective contractor is planning to use are suitable for the job;

(B) The prospective contractor will be capable of properly controlling, maintaining, protecting, and using Government property;

(C) The planning and scheduling of effort will result in timely accomplishment of the principal milestones; and

(D) Achievement of the principal milestones will result in timely delivery.

(3) Quality assurance.

(i) The standing of the quality assurance organization in the prospective contractor's overall organization must be evaluated. An inspection or quality control function that reports to some other organizational segment (such as production) instead of to top management may be undesirable. The experience of the company's inspection or quality control personnel with the same or similar items shall be evaluated.

(ii) To evaluate the prospective contractor's ability to comply with quality control or inspection requirements, team members shall review--

(A) Methods currently utilized to control product quality, as reflected by a documented or verifiable inspection system or quality program plan;

(B) Personnel on hand and available (report both trained and untrained);

(C) Inspection and test equipment on hand and available;

(D) Quality, identification, and storage of materials;

(E) Physical arrangement of plant;

(F) Tool and gauge control; and

(G) Test and inspection records.

(4) Financial.

(i) General. The normal procedure for determining a prospective contractor's financial capability is initial presurvey planning, followed by verification of financial data as required. The extent of the review and analysis of financial matters shall be governed by the nature of the proposed contract. In certain instances, a sound decision may be possible after a relatively simple review of a company's financial position and production commitments. Under other circumstances, a more comprehensive review and analysis will be required.

(ii) Procedure. Actions to be taken in determining the prospective contractor's financial capability (SF 1407) include the following:

(A) The latest balance sheet and profit and loss statement shall be reviewed. Items indicative of the soundness of the prospective contractor's financial structure include rates and ratios, working capital as represented by current assets over current liabilities, and financial trends such as net worth, sales, and profit.

(B) The method of financing the contract shall be evaluated. If sources of outside financing other than the Government are indicated, their availability should be verified.

(C) When financial aid from the Government is to be obtained, the necessity for it should be verified. Review shall be made concerning the applicability of such financing as progress payments or guaranteed loans.

(k) Evaluating data and preparing the report.

(1) Findings and recommendations of team members. When the required information has been gathered, each participant shall (i) analyze it and evaluate the prospective contractor's capability to perform with respect to the functions or elements investigated and (ii) provide his or her findings and recommendations to the monitor on one or more of the appropriate forms (see FAR 9.106-4(a)) or on an attachment or attachments. If a negative reply is recorded, or where doubt exists, an explanation must substantiate the entry. If a detailed analysis is needed or additional significant information is pertinent, the form should be supplemented by a narrative report.

(2) Monitor's evaluation and recommendation. On the basis of all the information received, the monitor shall thoroughly review and evaluate the findings and recommendations and forward the report to the chairperson of the review board with (i) a summary of the monitor's findings and (ii) a recommendation concerning award, which shall be supported by a statement of justification and shall, if the prospective contractor is a small business concern, be coordinated with the cognizant small business specialist.

(3) Review board action. Upon receiving each preaward report, the chairperson of the review board shall determine the extent of review board action. The requirements of paragraph (f)(4) of this section may be satisfied at the chairperson's discretion by--

(i) Action by the chairperson alone;

(ii) Informal contact by the chairperson with one or more of the board members; or

(iii) Formal action by the entire board.

(4) Final actions. Following the action by the review board, the monitor shall forward the report directly to the contracting officer. When advance reports are made by telegraphic communication or telephone, they shall be confirmed in writing without delay. The monitor shall follow up on any requirements for the submission of supplemental reports.

Subpart 1809.2--Qualification

Requirements

1809.200 Scope of subpart.

This subpart prescribes policies and procedures that, like those of FAR Subpart 9.2, are to be followed in the use of qualified products lists for procurement of microcircuits as authorized by NMI 5320.5, Basic Policy for NASA Space Flight Program Electrical, Electronic, and Electromechanical (EEE) Parts, and NMI 5320.6, Implementation of NASA Standard Electrical, Electronic, and Electromechanical Parts Program.

1809.202 Policy.

(a) Authority regarding agency head actions under FAR 9.202(a) is delegated to the cognizant technical activity, with approval by the installation's competition advocate.

(b) The approval authority of FAR 9.202(e) is delegated to the installation's competition advocate. Requests shall be prepared by the cognizant requirements office and submitted via the procurement officer.

1809.203 QPL's, QML's and QBL's.

1809.203-70 General.

(a) The Director, Reliability, Maintainability and Quality Assurance Division (Code QR), is responsible for justifying, determining, and approving NASA's need for inclusion and continued use of qualification requirements in specifications under the NASA Microelectronics Reliability Program.

(b) Prior to the procurement of Class "A" microcircuits, as defined in NHB 5300.4(3F), the determination required by paragraph 3F103-2 of that handbook shall be made in writing by an authorized NASA field installation official.

(c) Copies of NHB 5300.4(3F) may be purchased by the public from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

1809.203-71 Waiver of qualification requirements.

When procuring a product under a specification that includes qualification requirements either for the end item or for components of the end item, the NASA installation conducting the procurement can waive the qualification requirements. Directing a waiver of the end item qualification requirement constitutes adequate authorization for waiver of product qualification requirements. When a waiver has been granted, the solicitation shall specifically indicate that the qualification requirement is inapplicable. Such information shall also be included in any synopsis of the procurement (see FAR Subpart 5.2).

1809.206 Acquisitions subject to qualification requirements.

1809.206-1 General.

(a) The emergency determination authority specified at FAR 9.206-1(b) is delegated to the installation's competition advocate. Requests for determination shall be prepared by the cognizant requirements office and submitted through the procurement officer.

(b) Requests not to enforce a qualification requirement in a non-emergency situation shall be prepared by the cognizant requirements office and approved by the Headquarters Office of Safety, Reliability, Maintainability and Quality Assurance, (Code Q).

(c) Under FAR 9.206-1(c), if an offeror seeks to demonstrate its capability, both the product and the producer must meet the established standards.

1809.206-70 Small businesses.

If a small business otherwise eligible for award has been placed in a special status on a Qualified Products List (see NHB 5300.4(3F)) established as a part of the NASA Microelectronics Reliability Program and the contracting officer determines that the small business does not appear to have the capacity to perform, the certificate of competency procedures in FAR Subpart 19.6 are applicable.

1809.206-71 Contract clause.

When qualified products (end items or components of end items) are being procured, the contracting officer shall insert the clause at 1852.209-70, Product Removal from Qualified Products List, in the solicitation and in the resulting contract.

Subpart 1809.4--Debarment, Suspension,

and Ineligibility

1809.402 Policy.

For purposes of FAR Subpart 9.4 and this subpart, the Associate Administrator for Procurement is the "debarring official," the "suspending official," and the agency head's "designee."

1809.404 Parties excluded from procurement programs.

(a) The Office of Procurement (Code HS) is responsible for taking the actions enumerated under FAR 9.404(c).

(b) In compliance with FAR 9.404(c)(5), contracting officers shall consult the list entitled Parties Excluded from Procurement Programs, which is contained in the GSA publication entitled, Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs, to ensure that they do not solicit offers from, award contracts to, or consent to subcontracts with listed contractors, except as provided in FAR 9.405.

(c) For the purpose of obtaining copies of the list, field installation procurement offices shall notify Code HS of how many copies they want and provide a single mailing address at the installation. Code HS will, in turn, place the order for the copies which will be mailed directly to the installation.

1809.405 Effect of listing.

If it is believed that a new contract or subcontract must be awarded to a firm on the list of Parties Excluded from Procurement Programs, the procurement officer shall prepare a request for a determination as set out in 1809.405-1(b) of this subpart and forward it to the Associate Administrator for Procurement (Code HS) for approval.

1809.405-1 Continuation of current contracts.

(a) The contracting officer may terminate a contract under FAR 9.405-1(a) if it is in the best interest of the Government to do so, unless directed otherwise by the Associate Administrator for Procurement.

(b) If it is believed that an existing contract or subcontract with a contractor on the list of Parties Excluded from Procurement Programs must be renewed or otherwise extended, the procurement officer shall prepare a request for a determination with all necessary support documentation and forward it to the Associate Administrator for Procurement (Code HS) for approval. Some examples of circumstances that may constitute a compelling reason under FAR 9.405(a) or 9.405-1(b) for award, renewal, or extension include the following:

(1) The property or services to be acquired are available only from the listed contractor.

(2) The urgency of the requirement dictates that NASA deal with the contractor.

(3) Other reasons related to the national defense or program requirements that necessitate continued business dealings with the listed contractor.

1809.405-2 Restrictions on subcontracting.

When a subcontract subject to contracting officer consent must be awarded to a listed contractor, the procurement officer shall prepare a request for a determination with all support documentation and forward it to the Associate Administrator for Procurement (Code HS) for approval. Some examples of circumstances that may constitute compelling reasons are cited in 1809.405-1(b).

1809.406 Debarment.

1809.406-3 Procedures.

The report required by FAR 9.406-3(a) shall be forwarded by the procurement officer to the Associate Administrator for Procurement (Code HS) in accordance with 1809.470.

1809.407 Suspension.

1809.407-3 Procedures.

The report required by FAR 9.407-3(a) shall be forwarded by the procurement officer to the Associate Administrator for Procurement (Code HS) in accordance with 1809.470.

1809.408 Certification regarding debarment, suspension, proposed debarment, and other responsibility matters.

(a) When an offeror makes a positive disclosure under the clause at FAR 52.209-5, the contracting officer shall investigate as necessary and report directly to the installation procurement officer.

(b) If the offeror indicates that it is presently debarred, suspended, or proposed for debarment, the contracting officer may make a non-responsibility determination without notifying the Associate Administrator for Procurement. If the contracting officer determines that award must be made to such firm, follow the procedures set out in FAR 9.406-1(c) or 9.407-1(d).

(c) If the offeror indicates that within the preceding three years it has had one or more of its contracts terminated for default, the contracting officer shall investigate and make a responsibility determination without notifying the Associate Administrator for Procurement.

(d) If the offeror indicates that it has been indicted, charged, convicted, or had a civil judgment rendered against it, the contracting officer, in accordance with FAR 9.408(a)(2), shall immediately notify the Associate Administrator for Procurement (Attn: Code HS), providing details as known, and shall await a response from Code H before awarding the contract.

(e) If the offeror discloses information that indicates a need for a debarment or suspension determination by the agency debarring official, the contracting officer shall report the facts to the Associate Administrator for Procurement (Code HS) in accordance with 1809.470.

1809.470 Reporting of suspected evasive actions and causes for debarment or suspension.

1809.470-1 Situations requiring reports.

A report incorporating the information required by 1809.470-2 of this subpart shall be forwarded by the procurement officer to the Associate Administrator for Procurement (Code HS) when a contractor--

(a) Has committed, or is suspected of having committed, any of the acts described in FAR 9.406-2 and 9.407-2; or

(b) Is suspected of attempting to evade the prohibitions of a debarment or suspension imposed under the FAR or this Regulation by changes of address, multiple addresses, formation of new companies, or other devices.

1809.470-2 Contents of reports.

Each report shall be coordinated with local counsel and shall include substantially the following information, if available:

(a) Name and address of the contractor.

(b) Names of the principal officers, partners, owners, or managers.

(c) All known affiliates, subsidiaries, or parent firms, and the nature of the affiliation.

(d) A description of the contract or contracts concerned, including the contract number and office identifying numbers or symbols, the amount of each contract, the amounts paid the contractor and still due, and the percentage of work completed and to be completed.

(e) The status of vouchers.

(f) Whether the contract has been assigned pursuant to the Assignment of Claims Act, and, if so, the name and address of the assignee and a copy of the assignment.

(g) Whether any other contracts are outstanding with the contractor or any affiliates, and, if so, their amount, whether they are assigned pursuant to the Assignment of Claims Act, and the amounts paid or due on them.

(h) A complete summary of all pertinent evidence. If a request for debarment or suspension is based on an indictment or a conviction, provide the evidence upon which the indictment or conviction is based.

(i) A recommendation as to the continuation of any current contracts.

(j) An estimate of any damages, sustained by the Government as a result of the contractor's action, including an explanation of the method used in making the estimate.

(k) The comments and recommendations of the contracting officer and local counsel as to (1) whether the contractor should be suspended or debarred, (2) whether any limitations should be applied to such action, and (3) the period of any debarment.

(l) As an enclosure, a copy of the contract(s) or pertinent excerpts, appropriate exhibits, testimony or statements of witnesses, copies of assignments, and other relevant documentation.

1809.470-3 Addresses and copies of reports.

Reports, including enclosures, shall be submitted in duplicate to the Associate Administrator for Procurement (Code HS), with an additional copy to the Office of General Counsel, NASA Headquarters (Code G).

Subpart 1809.5--Organizational and

Consultant Conflicts of Interest

1809.500 Scope of subpart.

The Associate Administrator for Procurement has authorized the procurement officer to take those actions reserved in FAR Subpart 9.5 for the head of the contracting activity. However, see 1809.503 regarding waivers.

1809.503 Waiver.

The Administrator has designated the Associate Administrator for Procurement as the approval authority for waivers under FAR 9.503. The procurement officer shall forward requests for waivers under FAR 9.503 to the Associate Administrator for Procurement (Code HS) for action.

1809.506 Procedures.

(a) The draft solicitation provision and proposed contract clause required by FAR 9.507-2(a) shall be approved by the procurement officer when the installation has final authority for source selection and by the Associate Administrator for Procurement (Code HS) when NASA Headquarters has that authority.

(b) The Associate Administrator for Procurement (Code HS) shall make any final decision required by FAR 9.506(c).

1809.507 Solicitation provisions and contract clause.

1809.507-2 Contract clause.

The contracting officer may insert a clause substantially the same as the clause at 1852.209-71, Limitation of Future Contracting, in solicitations and contracts, in compliance with FAR 9.507-2.

Subpart 1809.6--Contractor

Team Arrangements

1809.670 Contract clause.

The contracting officer shall insert the clause at 1852.209-72, Composition of the Contractor, in all construction invitations for bids and resulting contracts. The clause may be used in other solicitations and contracts to clarify a contractor team arrangement where the prime contractor consists of more than one legal entity, such as a joint venture.