the Department of Defense, the Office of Emergency Plans (formerly OCDM) has authorized BDSA to provide priorities authority for all procurement and construction programs of NASA. The Department of Defense is the claimant agency to the Office of Emergency Plans for NASA.

Department of

(b) Implementation. Defense implementation of all rules and regulations published by BDSA, with respect to which the Department of Defense is delegated administrative responsibility, is contained in the DOD Priorities and Allocations Manual. NASA implementation is published in Part 18-52 of this chapter.

(c) Operating responsibility. NASA installations shall comply with the priorities and allocations program, including the Defense Materials System, as set forth in:

(1) The DOD Priorities and Allocations Manual;

(2) The rules and regulations published by BDSA; and

(3) Instructions set forth in Part 1852 of this chapter.

§ 18-1.307-2 Required use of priorities, allocations, and allotments clause.

The following clause shall be inserted in or attached to all ratable contracts, except that no such clause need be attached to those purchase orders of less than $500 which are not rated. Ratable contracts are those contracts for supplies which are required to be supported with rating and allotment authority (see the DOD Priorities and Allocations Manual).

PRIORITIES, ALLOCATIONS, AND ALLOTMENTS (SEPTEMBER 1962)

The contractor shall follow the provisions of DMS Reg. 1 and all other applicable regulations and orders of the Business and Defense Services Administration in obtaining controlled materials and other products and materials needed to fill this order.

§ 18-1.308 Records of contract actions.

(a) Each contract file shall contain documentation of actions taken with respect to the contract, including final disposition, sufficient to constitute a full history of the transaction which will permit ready reconstruction of all of the stages of the transaction to:

(1) Support actions taken by vario personnel in the procurement cycle;

(2) Provide information for revie conducted by the field installation co cerned, the General Accounting Offic or others;

(3) Supply data for use in prepari replies to Congressional inquiries; ar (4) Furnish essential facts in t event of litigation.

To the extent that retained copies documents do not represent all actio taken, suitable memoranda or summa statements of undocumented actio should be prepared promptly and be r tained in the contract file in chronolog cal order.

(b) Each contract file shall inclu the following data, in the appropria order and to the extent applicable:

(1) A copy of the procureme request;

(2) A copy of the Determination ar Findings statement and justifications f authority to negotiate (see Subpart 1 3.3 of this chapter);

(3) A copy of the procurement pla (see § 18-3.852 of this chapter);

(4) The list of sources solicited justification for limiting such sources; (5) Any small business or labor su plus set-aside determinations;

(6) A copy of the invitation for bi or the request for proposals, includi the drawings and specifications or a identifiable reference thereto;

(7) The Security Requirements Che List (DD Form 254) ;

(8) All bids or proposals received wi an abstract thereof;

(9) The bidders' Statements of Co tingent Fees;

(10) All pre-award surveys; (11) Selection of the successful co tractor, including

(i) The reasons for selection;

(ii) Statement of the Source Evalu tion Board (see § 18-3.856-2 of th chapter);

(iii) The contracting officer's dete mination of the contractor's respons bility; and

(iv) Any Small Business Administr tion Certificate of Competency (see § 1 1.705-6);

(12) All price and cost data submitt or used;

§ 18-1.311

Construction contracts-disclosure of Government estimate.

(a) Except as provided in paragraph (c) of this section, in contracting for construction, access to or disclosure of information concerning the Government estimate shall be limited to Government personnel whose official duties require knowledge of the estimate.

(b) If the nature of the information contained in the Government estimate requires security classification, it shall be handled in accordance with applicable security regulations.

(c) When the nature of the information contained in the Government estimate does not require security classification, access to or disclosure of information concerning the Government estimate shall be furnished in accordance with the following:

(1) If the procurement is to be made by means of formal advertising, a copy of the Government estimate shall be sealed and kept locked with the bids until bid opening. Immediately after the bids have been opened, read, and recorded, the estimate shall be opened, read, and recorded in the same manner as the bids.

(2) In the case of a negotiated procurement, after the award has been made, the Government estimate may be furnished to individuals or firms upon their request.

(a) A voluntary refund is an unconditional payment or credit not required by any contract or other obligation made to the Government by a contractor or subcontractor either as a voluntary payment or as an adjustment under one or more contracts or subcontracts. Contracting officers and other authorized officials shall accept any voluntary refund which is offered. Prime contractors are encouraged to make voluntary refunds and to facilitate the making of such refunds by subcontractors.

notified and the necessary supplementa contractual action will be taken to perm collection as an appropriation refun Where the proper account cannot identified, the refund will be transferre to the miscellaneous receipt account accordance with current fiscal pr cedures.

§ 18-1.314

Contracting officer's ded sion under the disputes clause. When a final decision of the contrac ing officer involves a dispute that is su ject to the procedure of the Disput clause, or where there is doubt as whether the decision is subject to su procedure, a paragraph substantially follows shall be included in such d cision:

This is the final decision of the Contrac ing Officer on the question involved in th dispute. Decisions on disputed questions fact and on other questions that are subje to the procedure of the Disputes clause m be appealed in accordance with the prov sions of the Disputes clause. If you deci to make such an appeal from this decisio written notice thereof (in triplicate) must mailed or otherwise furnished to the Co tracting Officer within thirty days from t date you receive this decision. Such noti should indicate that an appeal is intend and should reference this decision and ide tify the contract by number. The NAS Board of Contract Appeals is the authoriz representative of the Administrator for hea ing and determining such disputes. T rules of the NASA Board of Contract Appea are set forth in Part 18-54 of the NASA Pr curement Regulation.

formance data to other governme agencies and foreign governments. (a) Subject to any applicable securi requirements, NASA installations sha honor the requests of other Governme agencies for readily available inform tion relating to the performance of prin contractors. The agency requesting th information shall be advised that it w

(b) Requests from foreign governments should similarly be honored. When such information is furnished to a foreign government, a copy of the request from the foreign government and the information furnished will be forwarded to the Assistant Administrator for International Programs, NASA Headquarters.

(c) If there is any question as to the propriety of divulging the information to other Government agencies or to any foreign government for any reason, including the security aspect, the request shall be forwarded to the Director of Procurement for consideration, with an explanation of the reasons why the release of such information is questioned. The Director of Procurement will, prior to approving the release of information, obtain the concurrence of:

(1) The General Counsel;

(2) The Assistant Administrator for International Programs, NASA Headquarters, if the request for information is from a foreign government; and

(3) The Director, Security Division, NASA Headquarters, if the information appears to involve a problem of security. § 18-1.319

reports.

Renegotiation performance

The provisions of this § 18-1.319 are applicable to all controls except, (a) purchase orders made pursuant to the provisions of Subpart 18-3.6; (b) delivery orders placed under Federal Supply Schedule contracts; and (c) those contracts known to be exempt from renegotation.

§ 18-1.319-1 Renegotiation board.

Pursuant to the Renegotation Act of 1951, as amended (50 U.S.C. App. 12111233), the Renegotiation Board reviews profits of NASA contractors performing renegotiable contracts and subcontracts aggregating more than $1 million in a fiscal year in order to eliminate any excessive profits therefrom. Such review involves consideration of financial statements and other information furnished by both contractors and NASA.

ness of competition obtained in the negotiation and award of the contract, the reasonableness of the prices, fees, and profits negotiated, any incentive and target formulae incorporated in the contract, the extent of risk assumed by the contractor, the contractor's efficiency in performance of the contract, and any other information which would facilitate compilation of the Renegotiation performance reports described in § 18-1.319-3. This is particularly important in the case of incentive-type contracts where the question may be raised as to whether additional profits paid to the contractor by operation of the incentive provisions have been earned. Incentive-type contract information should be complete but succinct. To insure the collection of accurate and detailed information, the aforementioned data shall be included in the contract file as soon as it becomes available. § 18-1.319-3 Performance reports.

(a) Performance reports should provide complete, accurate, and objective data to the Renegotiation Board. When the Board requests contractor performance reports, the procuring installation concerned shall furnish information substantially in accordance with the following checklist, including any favorable recommendations giving due credit for better than average contract performance and any unfavorable recommendations because of unsatisfactory performance. Extensive performance data shall be accumulated on incentive-type contracts in sufficient detail so that the report will clearly show, as to the basis for payment of any increments of profit or fee provided as a part of the incentive arrangement in the contract, whether such increments were earned as the result of the contractor's performance or as the result of unreliable cost estimates or unrealistic performance targets when the incentive arrangements were negotiated.

(1) Date of report;

(2) Installation making report;

(3) Source and date of request for report;

(4) Name and address of contractor (if subsidiary or division, show name of parent company);

(5) Period covered by report;

(6) List of contracts being performed during the period concerned, showing as to each:

(i) Contract number;

(ii) Date;

(iii) Total amount of contract;

(iv) Brief description of the scope of work, service, product, etc.;

(v) Method of procurement (advertised or negotiated, and extent of competition);

(vi) Type of contract;

(vii) Total billings during period, and (viii) Principal place of performance. (7) Brief description of manufacturing techniques and type of work normally performed by contractor (e.g., production, fabrication, assembly) and relative complexity of the work. State the percentage of work subcontracted;

(8) Information concerning contractor performance, including extent to which:

i) The product or service exceeded, met, or fell below the contract requirements;

(ii) Delivery schedules were met (indicate reasons for failures to meet schedules, and compliance with requests for early deliveries, if any);

(iii) Rejections and spoilage rates were high or low and reasons therefor; (iv) Contractor met targets under incentive contracts and reasons therefor;

(v) Contractor was economical in use of materials, facilities, and manpower, and was otherwise effective in controlling production costs;

(vi) Contractor made effective use of his facilities (state whether he expanded facilities to undertake renegotiable business, and if so, was such expansion excessive); and

(vii) Strikes, stoppages, or other significant developments in labor management affected contract performance;

(9) Information concerning reasonableness of costs and profits, including:

(i) The basis for use of a particular type of contract in significant contracts (if an incentive contract, describe also the basis for negotiation of target and cost sharing formulae);

(ii) Adequacy and reliability of cost information furnished by the contractor;

(iii) Unusual risks assumed by contractor in particular contracts, e.g., close pricing, labor and material cost increases, engineering changes, shortage

of materials, inventory spoilage obsolescence, cutbacks, terminatic and quality or performance guarant (explain extent to which risks were duced or minimized by types of contra used);

(iv) Contingencies included in quo prices;

(v) Experience as to profits recei by contractor in significant contra especially incentive contracts, with praisal as to whether or not profits w (st earned by contractor's efforts whether any important contracts w negotiated with no profit or at less th normal profit);

(vi) Significant refunds and volunt price reductions, with circumstances each;

(vii) Evaluation of contractor as high, average, or low cost producer;

(viii) Partial financing by pro payments under cost-plus-fixed-fee c tracts;

(ix) Reasonableness of contract pricing policies;

(x) Return on invested capital (wh applicable);

(xi) Comparison of prices with co petitors' prices for same or similar pr ucts or services;

(xii) Reason for cost overruns underruns in cost-reimbursement t contracts;

(xiii) Assistance given contractor NASA technical and engineer person which reduces the contractor's risk;

(10) List of capital funds and facili employed by contractor, with particu reference to their source, e.g., C tractor's equity capital, borrowed rented, government-financed, or gove

ment-furnished;

(11) Extent to which the contrac has complied with Government polic such as the small business program, la surplus area program, competition subcontracting, "make-or-buy" progr

and nondiscrimination;

(12) Full information as to any ter nations for default or for the convenie of the Government, to include the sta of appeals or claims, if any, and the tent to which payments were made d ing the period concerned;

(13) Status of price revision acti and the basis for any revision comple in the period concerned;