§ 18-1.904 Determinations of responsibility and nonresponsibility.

(a) Prior to the award of a contract to any person or firm, the contracting officer shall first determine that such person or firm is responsible within the meaning of §§ 18-1.902 and 18-1.903. The signing of the contract shall be considered to be a certification by the contracting officer that he has determined that the prospective contractor is responsible with respect to that contract. (b) When the contract is estimated to exceed $10,000 and the contracting officer considers that a statement of responsibility is advisable, the contracting officer shall prepare a written statement of the facts upon which he bases his determination of responsibility. Relevant factors for consideration in determining whether such a statement is advisable would include the value, importance, or technical aspects of the procurement, or lack of previous experience with the prospective contractor. However, when a pre-award survey is made in connection with a contract that exceeds $10,000, the contracting officer shall prepare a written statement of the facts upon which he bases his determination of responsibility. When the contracting officer prepares a statement, any supporting documents or records, including preaward surveys, SBA certificates of competency, and other information to support determinations of the responsibility of subcontractors will be attached to the

meets the minimum standards set fort in § 18-1.903 to the extent that suc standards are applicable to a specifi procurement.

(c) Maximum practicable use shall b made of current information on file o within the knowledge of personnel withi NASA and, when practicable, within othe Government agencies. Free interchang with other Government agencies of in formation pertinent to determinations o responsibility is encouraged. NASA in stallations shall develop and maintai such pertinent records and experienc data as may be useful for the guidand of contracting officers and other person nel concerned. Special attention shall b paid to contractors whose past perform ance is questionable and new contractor whose reliability is yet unestablished Upon the request of any NASA contract ing officer, information available in suc records and data shall be expeditiousl furnished.

Generally, information regarding th responsibility of a prospective contracto (including, in accordance with § 18 1.905-4, pre-award survey informatio when considered necessary) shall be ob tained promptly after bid opening o receipt of proposals. However, in nego tiated procurements, especially those in volving research and development, suc information may be obtained before th issuance of requests for proposals. Not withstanding the foregoing, informatio regarding financial resources and per formance capability shall be obtained o as current a basis as feasible with rela tion to the date of contract award.

§ 18-1.905-3 Sources of information.

Information regarding the responsibil ity of prospective contractors shall b requested from the following sources be fore considering performance of a pre award survey:

(a) From the prospective contractorincluding representations and othe information contained in or attache to bids and proposals; replies to ques tionnaires; financial data, such as bal ance sheets, profit and loss statement cash forecasts, financial history of th contractor and affiliated concerns; cur rent and past records of research an

development and facilities; written statements or commitments concerning financial assistance and subcontracting arrangements; and analyses of operational control procedures. When it is considered necessary by the contracting officer to prevent practices prejudicial to fair and open competition, or for other reasons, prospective contractors may be required to submit affidavits concerning their ability to meet any of the minimum standards set forth in § 18-1.903, and concerning company ownership and control.

(b) Existing information within NASA—including records on file and personal knowledge of NASA procurement and other personnel; audit agencies; offices concerned with contract financing; Consolidated List of Debarred, Ineligible, and Suspended Contractors; and experience data maintained by NASA Headquarters and field installations.

(c) Publications including credit ratings; trade and financial journals; business directories and registers; and Synopses of U.S. Government Proposed Procurements, Sales, and Contract Awards.

(d) Other sources-including suppliers, subcontractors, and customers of the prospective contractor; banks and financial companies; commercial credit agencies; Government departments and agencies; purchasing and trade associations; better business bureaus and chambers of commerce.

§ 18-1.905-4 Pre-award surveys.

(a) General. A pre-award survey consists of an inspection of the plants and facilities with which the prospective contractor proposes to perform a contract, including personal interviews with contractor personnel. It is made at the direction of the contracting officer, generally by one or more Government specialists (hereafter referred to collectively as the pre-award survey officer) to provide needed responsibility informa

tion.

(b) Circumstances under which performed. Generally, pre-award surveys should be requested by the contracting officer only when other sources do not yield sufficient information to enable the contracting officer to make a determination regarding the responsibility of the

prospective contractor. Contracting officers shall limit requests for pre-award surveys to the specific items of information required to reach a conclusion as to the responsibility of the prospective contractor. The pre-award survey officer, in turn, normally will inspect only those items requested by the contracting officer. However, the pre-award officer will determine the need for expanding the limits of the survey if he finds conditions, of which the contracting officer may be unaware, which may affect the prospective contractor's ability to perform.

(c) Coordination. Pre-award surveys should be conducted by one NASA installation for another or by other Government agencies for NASA, when this will achieve economy, increase efficiency, or eliminate duplication of effort. In this regard, agreements have been entered into by NASA with the Departments of the Army (NASA Management Instruction 2-3-9), Navy (NASA Management Instruction 2-3-6), and the Air Force (NASA Management Instruction 2-3-4), relating to the performance of field service functions, including preaward surveys, in support of NASA contracts.

§ 18-1.905-50 Factors to be considered.

In conducting a pre-award survey of a firm, the pre-award survey officer shall consider the following factors, in accordance with the criteria stated in § 181.905-4:

(a) Organization-form of company (corporation, partnership, etc.); status of company (manufacturer, regular dealer, etc.); affiliates or parent company (business, organization, and relationship); small business status; intraorganizational assignment of functions important to the assurance of contract performance (e.g., reliability and quality assurance, purchasing and materials control, production planning control, project cost control, and research and development);

(b) Management and labor-titles, experience, and citizenship of management force; skill, competence, and adequacy of working force; company's working policy; company's labor relations; company's status as a labor surplus area concern;

(1) Familiarize himself with the terms of the invitation for bid or request for proposal;

(2) Review

the responsibility of the prospective prime contractor. It is generally the prospective contractor's function to make these determinations concerning the responsibility of the prospective subcontractors. Prospective prime contractors

ing the responsibility of the proposed

(b) Upon completion of the survey, the pre-award survey officer shall prepare three copies of a narrative report of survey information and conclusions. In preparing the report, the pre-award survey officer should ensure that all the information required by the contracting officer and, in each area of investigation,

a definite statement as to responsibility and capability of the contractor have been included. The reports should be brief, clear, and complete, and should not include matters other than those specifically requested by the contracting officer except as indicated in § 18-1.9054. Two copies of the report and NASA Form 586 (when required) shall be furnished to the contracting officer and one copy of each retained in the local files. § 18-1.906 Subcontractor responsibility.

an acceptable and effective purchasing and subcontracting system encompassing a method for determining subcontractor capability.

Data, including information obtained from a pre-award survey, leading to a determination of the responsibility of prospective contractors shall not be released outside the Government and shall not be made available for inspection by individuals, firms, or trade organizations. However, such data may be disclosed to, or summarized for, other elements within the Government on their request. Such information shall be made available to procurement personnel of NASA and other Government agencies upon request in accordance with § 18-1.905-1. connection with making a determination of responsibility, information disclosed by such data may be discussed with the prospective contractor, as necessary.

In

[ ] Complete

1 To: name, installation

3 Buyer's name, installation, and telephone No.

4 Proposed contractor's name and address

award survey (NASA Form 585).

[] Limited

2. Date received (to be filled in by Pre-Award Survey Officer):

5. Sole source

4. || RFP

[] IFB

[] Yes [] No

7. Order number

Number and date

12 Brief description of the procurement:

11. Proposed time schedule for delivery of performance: