[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1274.505]



[Page 480-482]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1274_COOPERATIVE AGREEMENTS WITH COMMERCIAL FIRMS--Table of Contents

 

                  Subpart 1274.5_Procurement Standards

 

Sec. 1274.505  Procurement procedures.



    (a) All recipients shall establish written procurement procedures. 

These



[[Page 481]]



procedures shall provide at a minimum, that the conditions in paragraphs 

(a)(1), (2) and (3) of this section apply.

    (1) Recipients avoid purchasing unnecessary items.

    (2) Where appropriate, an analysis is made of lease and purchase 

alternatives to determine which would be the most economical and 

practical procurement for the Federal Government.

    (3) Solicitations for goods and services provide for all of the 

following:

    (i) A clear and accurate description of the technical requirements 

for the material, product or service to be procured. In competitive 

procurements, such a description shall not contain features that unduly 

restrict competition.

    (ii) Requirements that the bidder/offeror must fulfill and all other 

factors to be used in evaluating bids or proposals.

    (iii) A description, whenever practicable, of technical requirements 

in terms of functions to be performed or performance required, including 

the range of acceptable characteristics or minimum acceptable standards.

    (iv) The specific features of ``brand name or equal'' descriptions 

that bidders are required to meet when such items are included in the 

solicitation.

    (v) The acceptance, to the extent practicable and economically 

feasible, of products and services dimensioned in the metric system of 

measurement.

    (vi) Preference, to the extent practicable and economically 

feasible, for products and services that conserve natural resources and 

protect the environment and are energy efficient.

    (b) Positive efforts shall be made by recipients to utilize small 

business, veteran-owned small business, service-disabled veteran-owned 

small business, historically underutilized small business, small 

disadvantaged business, women-owned business concerns, Historically 

Black Colleges and Universities, and minority educational institutions 

as subcontractors to the maximum extent practicable. Recipients of NASA 

awards shall take all of the following steps to further this goal.

    (1) Make information on forthcoming opportunities available and 

arrange time frames for purchases and contracts.

    (2) Consider in the contract process whether firms competing for 

larger contracts intend to subcontract with these businesses and 

institutions.

    (3) Encourage contracting with consortiums or teams of these 

businesses and institutions when a contract is too large for one of 

these firms to handle individually.

    (4) Use the services and assistance, as appropriate, of such 

organizations as the Small Business Administration and the Department of 

Commerce's Minority Business Development Agency in the solicitation and 

utilization of small businesses, minority-owned firms and women's 

business enterprises.

    (c) The type of procuring instruments used (e.g., fixed price 

contracts, cost reimbursable contracts, purchase orders, and incentive 

contracts) shall be determined by the recipient but shall be appropriate 

for the particular procurement and for promoting the best interest of 

the program or project involved. The ``cost-plus-a-percentage-of-cost'' 

or ``percentage of construction cost'' methods of contracting shall not 

be used.

    (d) Contracts shall be made only with responsible contractors who 

possess the potential ability to perform successfully under the terms 

and conditions of the proposed procurement. Consideration shall be given 

to such matters as contractor integrity, record of past performance, 

financial and technical resources or accessibility to other necessary 

resources. In certain circumstances, contracts with certain parties are 

restricted by 14 CFR part 1265, the implementation of Executive Orders 

12549 and 12689, Debarment and Suspension.

    (e) Recipients shall, on request, make available for NASA, pre-award 

review and procurement documents, such as request for proposals or 

invitations for bids, independent cost estimates, etc., when any of the 

following conditions apply:

    (1) A recipient's procurement procedures or operation fails to 

comply with the procurement standards in NASA's implementation of this 

subpart.

    (2) The procurement is expected to exceed the simplified acquisition



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threshold and is to be awarded without competition or only one bid or 

offer is received in response to a solicitation.

    (3) The procurement, which is expected to exceed the simplified 

acquisition threshold, specifies a ``brand name'' product.

    (4) The proposed award over the simplified acquisition threshold is 

to be awarded to other than the apparent low bidder under a sealed bid 

procurement.

    (5) A proposed contract modification changes the scope of a contract 

or increases the contract amount by more than the amount of the 

simplified acquisition threshold.