3. RFP10-99-0021 Rev T.pdf
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- NASA Launch Services II (NLS II) 2026 On-Ramp
- Solicitation number
- RFP10-99-0021-Rev_T
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This is a Request for Proposal (RFP) for NASA Launch Services II (NLS II), Revision T, establishing an indefinite delivery/indefinite quantity (IDIQ) contract framework for domestic launch service providers. The solicitation remains open through an on-ramp provision through December 31, 2032, with an August 2026 open season for new proposals. Offerors must be domestic sources certified to AS9100 standard by contract award and must propose launch vehicles capable of delivering a minimum 250 kg payload to a 200 km altitude orbit at 28.5 degrees inclination, certified to NASA risk mitigation Category 2 or 3. The proposal due date is May 11, 2026 at 4:00 PM EST, with questions due by March 20, 2026. The minimum order value per contract is $20,000, with a maximum potential value of $15 billion across all NLS II contracts combined. The government will evaluate proposals based on technical capability and launch vehicle certification status, reasonableness of not-to-exceed (NTE) pricing with quantity discounts, and past performance, selecting contractors providing best value.
Standard launch services must include all hardware, software, analyses, and support for safe payload delivery to defined orbital parameters, encompassing program management, mission integration, launch site operations, contamination control, safety and reliability programs, and government insight and approval activities. The contractor shall provide launch vehicles with payload adapters, fairing systems, separation mechanisms, flight instrumentation, and support for multiple orbital types (LEO, sun-synchronous, elliptical, geosynchronous). Non-standard and mission-unique services are available at separately negotiated prices. Payment is milestone-based using a commercial interim payment schedule from Authority to Proceed (ATP) through post-launch activities. The contract includes liquidated damages for contractor-caused delays (Table C-5) and government postponement fees (Table C-6), with maximum delay penalties of $9.4 million or 5% of the highest priced launch vehicle configuration. The incumbents are United Launch Alliance, Northrop Grumman Space Systems, SpaceX, and Blue Origin; existing contractors may propose additional launch services during each on-ramp period.
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Other files
| File | Type | Posted |
|---|---|---|
| 3. RFP10-99-0021 Rev T_Amendment 2.docx | DOCX document | |
| 2. Matrix of Changes_Amendment 2.pdf | ||
| FAR 52.222-90.pdf | ||
| LSP-PD-120.05_Rev_D-2025-02-03.pdf | ||
| 3. RFP10-99-0021 Rev T_Amendment 1.docx | DOCX document | |
| 2026 On-Ramp Questions and Answers.pdf | ||
| 2. Matrix of Changes_Amendment 1.pdf | ||
| 2. Matrix of Changes.pdf |
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EXECUTIVE SUMMARY
NASA Launch Services II (NLS II)
RFP10-99-0021 – Revision T
The NLS II contract “On-Ramp” clause authorizes NASA to invite domestic launch service providers that meet minimum contract requirements to submit proposals to furnish launch services for NASA and NASA-sponsored payloads on an indefinite delivery / indefinite quantity (IDIQ) basis. Proposals are solicited and evaluated during specified “open seasons” conducted each year during the life of the NLS II contract. Resulting contract(s) will also require performance of non-standard services and special task assignments in support of launch services. Generally, the payloads to be launched will support the goals and objectives of various NASA programs.
During this open season, NASA invites proposals for risk category 2 and 3 launch services capable of delivering, at a minimum, a 250 kg payload to orbit at an altitude of 200 km and a launch inclination of 28.5 degrees. Although there are no firm missions included in this solicitation, offerors are requested to identify and price, on a not-to-exceed (NTE) basis, standard and non-standard launch services that meet NLS II contract requirements. Standard launch services shall be offered for all of the order years remaining on the NLS II contract, i.e., order years 2026 through June 30, 2030 (Non-Standard and Special Task Assignment Labor Rates through December 31, 2032).
Selection for award of an NLS II contract will be determined by NASA in accordance with (IAW) the evaluation criteria specified in Attachment E3 of the RFP which includes, among other things, a requirement that the launch service provider be a domestic source who is AS9100 certified by the date of contract award. Other factors that will be evaluated include the offeror’s ability to successfully deliver to orbit at least one payload using a launch service that is capable of placing, at a minimum, a 250 kg payload into a 200 km circular orbit at a launch inclination of 28.5 degrees;
ability of the offered launch service to meet NASA’s performance and launch vehicle certification requirements; the reasonableness of the offeror’s NTE prices and firm fixed-prices, when applicable; and the offeror’s record of past performance. The performance capabilities of proposed launch services will be incorporated into the resultant NLS II contract(s) for those services meeting NASA’s defined performance requirements.
As future NASA and NASA-sponsored missions become firm, each NLS II contractor will be given a fair opportunity to be considered for launch service task orders for those missions in accordance with the task ordering provisions of the NLS II contract and subpart 16.505 of the Federal Acquisition Regulations, provided that the common launch vehicle configuration to be proposed has achieved one successful flight.
NASA’s intent is to utilize existing commercial providers’ capabilities and processes to the maximum extent possible. NASA has attempted to accommodate commercial business practices and methods employed by industry in the development of this solicitation. The following provisions are incorporated:
♦ The Statement of Work (SOW) defines NASA’s performance requirements in lieu of a detailed design specification and requests the Offerors propose their launch service capabilities for incorporation into the resulting contracts.
♦ Compliance documents are limited to those items mandatory from an Agency policy perspective.
♦ No certified cost or pricing data is required.
♦ Government insight and approval is limited to those items mandatory in accordance with Agency policy.
Due to the anticipated number of submissions and available personnel, the Government may evaluate proposals sequentially to optimize available resources. If so, the Contracting Officer will determine the sequence of evaluation to ensure a thorough and efficient review process that best serves the interests of the program (e.g., increasing competition for specific, upcoming task orders). The sequence of evaluation is an administrative matter and will not impact the substantive criteria used for making contract award determinations. Regardless of the evaluation sequence, the Government will evaluate all proposals against the criteria set forth in Section M. The order of evaluation does not imply a preference for any specific offeror, nor does it guarantee a sooner award date. Awards may be made on a rolling basis.
Revision T Table of Contents RFP10-99-0021 i
NASA LAUNCH SERVICES II
REQUEST FOR PROPOSAL
TABLE OF CONTENTS
SECTION A STANDARD FORM 1449 …………………………....... A-1
SECTION B STANDARD FORM 1449 CONTINUATION
TABLE OF CONTENTS ……………………………….. B-i
STANDARD FORM 1449 CONTINUATION …………. B-1
SECTION C CONTRACT TERMS AND CONDITIONS
TABLE OF CONTENTS………………………………….C-i
CONTRACT TERMS AND CONDITIONS……………. C-1
SECTION D DOCUMENTS, EXHIBITS, AND ATTACHMENTS … D-1
ATTACHMENT D1 STATEMENT OF WORK
TABLE OF CONTENTS………………………………… D1-i
STATEMENT OF WORK ………………………..……. D1-1
ATTACHMENT D2 CONTRACT DATA REQUIREMENT LIST (CDRL)…D2-1
ATTACHMENT D3 SUPPLEMENTAL DATA REQUIREMENTS LIST
(SDRL)……………………...……………..…………..….. D3-1
ATTACHMENT D4 SMALL BUSINESS AND SMALLDISADVANTAGED
BUSINESS SUBCONTRACTING PLAN ……..……..... D4-1
ATTACHMENT D5 SAFETY AND HEALTH PLAN …….………………….. D5-1
ATTACHMENT D6 RELIABILITY PLAN ..……………………………….…. D6-1
ATTACHMENT D7 QUALITY MANAGEMENT PLAN ……………………. D7-1
ATTACHMENT D8 WORK PLAN ……….……………..…………………….. D8-1
ii
ATTACHMENT D9 MOST FAVORED CUSTOMER CERTIFICATION
PLAN………………………………………………………. D9-1
ATTACHMENT D10 ACRONYMS AND ABBREVIATIONS.…………...…… D10-1
ATTACHMENT D11 DEFINITIONS ……….……………..…………………… D11-1
SECTION E SOLICITATION PROVISIONS ………..……………….E-1
ATTACHMENT E1 REPRESENTATIONS AND CERTIFICATIONS
TABLE OF CONTENTS…………………………….……E1-i
REPRESENTATIONS AND CERTIFICATIONS …….. E1-1
ATTACHMENT E2 INSTRUCTIONS, CONDITIONS, AND NOTICES
TO OFFERORS
TABLE OF CONTENTS…………………………….……E2-i
INSTRUCTIONS, CONDITIONS, AND NOTICES TO
OFFERORS .………………………………………….……E2-1
APPENDIX E2-A SAMPLE PRICING FORMS……………………………..E2-A1
APPENDIX E2-B RESERVED………………………………..…….….….….N/A
ATTACHMENT E3 EVALUATION CRITERIA
TABLE OF CONTENTS……………………………..….. E3-i
EVALUATION CRITERIA…………….…………….…. E3-1
iii
LIST OF TABLES
TABLE B-1 RESERVED…………………………………………………… N/A
TABLE B-2 RESERVED…………………………………………………… N/A
TABLE B-3 RESERVED…………………………………………………… N/A
TABLE B-4 RESERVED……………………………………..……………. N/A
TABLE B-5 SPECIAL TASK ASSIGNMENTS (STUDIES AND
ANALYSES)…………………………………………………… B-1
TABLE B-6 HOURLY LABOR RATE – FFP LIST………………………. B-2
TABLE B-7 RESERVED …………………………………….……………... N/A
TABLE B-8 IDIQ LAUNCH SERVICE TASK ORDER………………….. B-3
TABLE B-9 NTE PRICE LIST – STANDARD LAUNCH SERVICES
FOR IDIQ MISSIONS………………………………………… B-5
TABLE B-10 NTE PRICE LIST – NON-STANDARD SERVICES
FOR IDIQ MISSIONS………………………..……………….. B-6
TABLE B-11 RESERVED……………………………………………………. N/A
TABLE B-12 RESERVED………………………………………..…………… N/A
TABLE C-1 LAUNCH SERVICE PAYMENT SCHEDULE…….. C-16
TABLE C-2 RESERVED…………………………………………………….. N/A
TABLE C-3 RESERVED……………………………………………………. N/A
TABLE C-4 IDIQ LSTO DELIVERY SCHEDULE……………………….. C-30
TABLE C-5 CONTRACTOR LIQUIDATED DAMAGES AND GRACE
PERIODS……………………………………………………..…. C-72
TABLE C-6 NASA POSTPONEMENT FEES AND GRACE PERIODS… C-72
TABLE C-7 RESERVED ………………………….................…………….. N/A
iv
TABLE C-8 MISSION SUCCESS PAYMENT SCHEDULE……………………C-78
TABLE C-9 RESERVED…………………………………………………....…… N/A
TABLE D1-A MISSION ANALYSES TO SUPPORT PAYLOAD
INTEGRATION…………………………………………….……… D1-15
TABLE D1-B MISSION UNIQUE HARDWARE FACTORS OF SAFETY…… D1-27
TABLE D1-C VEHICLE CONFIGURATIONS……………………………..…… D1-31
TABLE D1-D MAXIMUM LEO PAYLOAD CAPABILITY FOR TBP
VEHICLE CONFIGURATION, LAUNCH SITE, AND
GROUND RULES….…………………………………………………D1-32
TABLE D1-E MAXIMUM SUN-SYNCHRONOUS PAYLOAD
CAPABILITY FOR TBP VEHICLE CONFIGURATION,
LAUNCH SITE, AND GROUND RULES………………….……… D1-33
TABLE D1-F HIGH ENERGY MISSION PAYLOAD CAPABILITY FOR
TBP VEHICLE CONFIGURATION, LAUNCH SITE, AND
GROUND RULES……………………………………….….…………D1-34
TABLE D1-G1 MAXIMUM ELLIPTICAL ORBIT PAYLOAD CAPABILITY
WITH OPTIMIZED PERIGEE FOR TBP VEHICLE
CONFIGURATION, LAUNCH SITE, AND GROUND RULES… D1-35
TABLE D1-G2 ELLIPTICAL ORBIT PAYLOAD CAPABILITY WITH
PERIGEE ALTITUDE OF 2000 KM FOR TBP VEHICLE
CONFIGURATION, LAUNCH SITE, AND GROUND
RULES…………………………………………………………………D1-35
TABLE D1-G3 MAXIMUM PAYLOAD CAPABILITY FOR DIRECT
INSERTION INTO GSO FOR TBP VEHICLE
CONFIGURATION, LAUNCH SITE, AND GROUND
RULES……………………………………...…………………………D1-36
TABLE D1-H STANDARD INSERTION ACCURACY REQUIREMENTS…… D1-36
TABLE D1-I STANDARD PAYLOAD DEPLOYMENT
ATTITUDES/RATES……………………………………………… D1-37
TABLE D1-J ELECTRICAL INTERFACE MINIMUM WIRE
REQUIREMENTS…………………………………………….…… D1-38
TABLE D1-K MAXIMUM FLIGHT-LEVEL PAYLOAD ACOUSTIC
v
ENVIRONMENT…………………………………………………… D1-39
TABLE D1-L MAXIMUM FLIGHT-LEVEL PAYLOAD INTERFACE
RANDOM VIBRATION ENVIRONMENT………………….…… D1-39
TABLE D1-M MAXIMUM FLIGHT-LEVEL PAYLOAD INTERFACE
SHOCK RESPONSE SPECTRUM………………………………… D1-39
TABLE D1-N PAYLOAD DESIGN CG LIMIT LOAD FACTORS……….……..D1-40
TABLE D1-O MAXIMUM EXPECTED SINUSOIDAL VIBRATIONS
AT THE BASE OF THE PA…………………………………………D1-40
TABLE D1-P CONTRACTOR-PROVIDED PAYLOAD ENVIRONMENT
INSTRUMENTATION……………………………………………… D1-41
TABLE D1-Q GENERIC SECONDARY PAYLOAD CHARACTERISTICS….. D1-41
TABLE D1-R
through D1-S RESERVED………………….……………………………………….. N/A
TABLE D1-Y RESERVED…………………………………………………………… N/A
TABLE D2-A CDRL INDEX……………………………………………………..…. ..D2-1
TABLE D3-A SDRL INDEX…………………………………………………………..D3-1
TABLE E2-A PROPOSAL VOLUMES AND PAGE LIMITATION……………. ..E2-9
TABLE E2-B FIRM-FIXED-PRICE, LABOR HOURS, AND IDIQ
CONTRACT ORDERING………………………………………….. ..E2-10
TABLE E2-C
through E2-D RESERVED……………..…………………………………….………. N/A vi
LIST OF FIGURES
FIGURE D1-1 MAXIMUM PAYLOAD STATIC ENVELOPES…………… D1-37
FIGURE D1-2 PAYLOAD ADAPTERS AND INTERFACES……………... D1-37
FIGURE D1-3 MAXIMUM ELECTROMAGNETIC RADIATION
LEVELS ENCOUNTERED ON PAYLOAD……………….. D1-39
FIGURE D1-4 PLF PRESSURE PROFILES AND
DEPRESSURIZATION RATES…………………………….. D1-39
FIGURE D1-5 MAXIMUM QUASI-STEADY ACCELERATION AS A
FUNCTION OF PAYLOAD SEPARATED MASS………… D1-40
FIGURE D1-5A MAXIMUM THERMAL ENVIRONMENT DURING
ASCENT………………………………………………………. D1-40
FIGURE D1-6 SEPARATING SECONDARY PAYLOAD INTERFACE…. D1-42
FIGURE D1-7 NON-SEPARATING SECONDARY PAYLOAD
INTERFACE…………………………………………………… D1-42
FIGURE D1-8
through D1-13 RESERVED…………………………………………………… N/A
FIGURE D2-1 POWER -vs- PLUS COUNT TIME……….………….………… D2-39 vii
LIST OF FORMS
SAMPLE 1 RESERVED………………………………………………………… N/A
SAMPLE 2 RESERVED………………………………………………………… N/A
SAMPLE 3 SPECIAL TASK ASSIGNMENTS………………………………. E2-A4
SAMPLE 4 STANDARD AND NON-STANDARD LAUNCH SERVICE
CATALOG PRICES FOR LSTO MISSIONS……………………. E2-A5
Section A Revision T Standard Form 1449 RFP-10-99-0021
A-1
SECTION A
STANDARD FORM 1449
WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH
AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED
29. AWARD OF CONTRACT: REFERENCE OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30. 1
TBD RFP10-99-0021 Rev T
Rachel Edwards
OP-LS
DO-C9
Same as Block 9
OP-LS
Same as Block 9.
NASA Shared Services Center (NSSC) Financial Management Division (FMD) - Accounts Payable Bldg 1111, C. Road Stennis Space Center, MS 39529 Email: NSSC-AccountsPayable@nasa.gov
NASA Launch Services In Accordance With Section B, C, And D.
Norman Wolfinger, Chief, Commercial Space
336414
1,250 Emp
TBD 3/10/2026
5/11/2026
4:00 PM EST
OP-LS
NASA John F. Kennedy Space Center Procurement Office, Mail Code: OP-LS Attn: Rachel Edwards Kennedy Space Center, FL 32899
Section B Revision T
B-i
SECTION B
STANDARD FORM 1449 CONTINUATION
1.0 SCHEDULE OF SUPPLIES AND/OR SERVICES TO BE PROVIDED…. B-1
1.1 Reserved……………………………………………….………………………… B-1
1.2 Reserved……………..………………………………………………………….. B-1
1.3 Reserved……………………………………………………..………………….. B-1
1.4 Reserved……………………………………………………………………….... B-1
1.5 Special Task Assignment (Studies and Analyses)..……………………… …….. B-1
1.6 IDIQ Launch Service Task Order (LSTO)………….……………………….….. B-2
1.7 NTE Prices - Standard Launch Services for IDIQ Missions……………………. B-4
1.8 NTE Prices - Non-Standard Services for IDIQ Missions………………….……. B-4
2.0 TOTAL AWARD AMOUNT………………………………………………….. B-6
3.0 LAUNCH SERVICE FLEXIBILITY……………..………………………….. B-6
3.1 General……………………………………………………………………….… B-5
3.2 Reserved……………………………………………………………………….. B-6
3.3 Reserved……………………………………………………………………….. B-6
4.0 MOST FAVORED CUSTOMER.…………………………………………….. B-7
5.0 IDIQ LAUNCH SERVICE AND PRICE UPDATES………………………... B-7
B-ii
LIST OF TABLES
Table B-1 Reserved……………………………………………….………………… N/A
Table B-2 Reserved…………………………………………………………….…… N/A
Table B-3 Reserved…………………………………………………….…………… N/A
Table B-4 Reserved………………………………………………………………… N/A
Table B-5 Special Task Assignments (Studies and Analyses)..………………. …. B-1
Table B-6 Hourly Labor Rate - FFP List…………………………....……………. B-2
Table B-7 Reserved……………………………..……………....…………………. N/A
Table B-8 IDIQ Launch Service Task Order…..……………....…………………. B-3
Table B-9 NTE Price List - Standard Launch Services for IDIQ Missions…….…. B-5
Table B-10 NTE Price List - Non-Standard Services for IDIQ Missions………..…. B-6
Table B-11 Reserved………………………………………………………………… N/A
Table B-12 Reserved ……………………………….……………………………….. N/A
Standard Form 1449 Continuation RFP10-99-0021
B-1
SECTION B
STANDARD FORM 1449 CONTINUATION
1.0 SCHEDULE OF SUPPLIES AND/OR SERVICES TO BE PROVIDED
The Contractor shall provide all services, facilities, and resources (except as may be expressly stated in this contract as furnished by the Government) necessary to furnish the Contract Line Item Number (CLIN) items (Tables B-4 through B-10) in accordance with (IAW) the Statement of Work (SOW), Exhibits, and Documents attached hereto.
1.1 Reserved
Table B-1: Reserved
1.2 Reserved
Table B-2: Reserved
1.3 Reserved
Table B-3: Reserved
1.4 Reserved
Table B-4: Reserved
1.5 Special Task Assignments (Studies and Analyses)
CLIN
Description of Supplies and Service
Qty
Unit
Unit Price
Total Amount
10 Special Task Assignments – Firm Fixed-Price Composite Labor Hours
A/R
Labor Hour
See Table B-6
See Table B-6
Table B-5: Special Task Assignments (Studies and Analyses)
B-2
HOURLY
LABOR RATE
(COMPOSITE
SKILL MIX
AND
BURDENED)
FIRM FIXED-PRICE ($)
IN CALENDAR YEAR ORDERED*
Labor Rate 2026 2027 2028 2029 2030 2031 2032
* The proposed labor rates shall be negotiated using the applicable procedures of FAR
Part 15 and incorporated herein.
Table B-6: Hourly Labor Rate - FFP List
Table B-7: Reserved
1.6 IDIQ Launch Service Task Order (LSTO)
The Government reserves the unilateral right to order launch services at any time from contract award through June 30, 2030, in accordance with contract Section C, Clause 14.0, Launch Service Task Ordering Procedures. These launch services are identified in Tables B-9 and B-10 and described in Exhibits 2 and 3 to the Statement of Work. Launch dates will be mutually agreed upon prior to issuance of an LSTO.
NTE prices for launch services for IDIQ missions will be part of the price evaluation and best value selection for award of an IDIQ task order contract.
In no event shall the Government be obligated to pay for any launch service prior to Authority To Proceed and obligation of funds for that launch service. The minimum order amount for each NLS IDIQ contract awarded in accordance with Section C, Clause 2.0, On-Ramp and Technology Insertion, is $20,000. The maximum potential quantity for this IDIQ contract portion for all NLS contracts combined is one hundred (100) Launch Service Task Orders and associated non-standard services/mission unique services.
Once payment begins on a qualified standard launch service and NASA insight commences, the Government reserves the right to approve any Contractor initiated substitution of the launch vehicle or reallocation of launch vehicle hardware designated for a NASA mission under this contract, in accordance with Section C, Clause 25.0, Government Insight and Approval.
B-3
1 The Contracting Officer shall determine the CLIN number to be assigned.
2 The actual number of LSTOs to be awarded is TBD.
3 The actual number of missions to be included in each LSTO is TBD.
4 As various Contract Modifications are issued for services ordered, their respective number will be listed in this table.
Table B-8: IDIQ Launch Service Task Order
CLIN Description of Supplies and Services
Contract Mod4 Qty Unit Unit
Price ($)
Total Amount
X1 IDIQ Launch Service Task Order (LSTO)
TBD TBD2 Service TBD TBD
Launch Vehicle Configuration ____TBD______ for Mission
____TBD______
Launch Date _____TBD______
Launch Period, if applicable
_____TBD______
SubCLIN
X1A Standard Launch Services and Standard Mission Integration in accordance with the SOW and Exhibit 2
TBD3 Lot See
B-9
Launch Vehicle Configuration
____TBD______
X1B Non-Standard Services in accordance with the SOW and Exhibit 3
TBD Lot See
B-10
Nonstandard Services
___TBD___
X1C Known Mission Unique Hardware and Software Non-recurring Items in accordance with SOW Exhibit 6
Mission Unique Services
__TBD__
TBD Lot TBD
B-4
1.7 NTE Prices - Standard Launch Services for IDIQ Missions
The Government shall have the right to order the standard launch services at the prices and for the launch vehicle configurations identified in Table B-9. Nothing in this clause precludes the Contractor from proposing more favorable prices or discount terms in response to specific requests for launch service proposals in accordance with contract Section C, Clause 14.0.
The Offeror shall add as many rows (in Table B-9 format) necessary to identify all standard launch service NTE prices for each launch vehicle configuration proposed. The Offeror shall also propose a table(s) (Table B-9a) of quantity discounts that shall correspond and apply to the proposed NTE standard launch service prices in Table B-9 for each launch vehicle configuration. The proposed quantity discount shall apply in the event the Government orders more than one launch service in the same year and/or under an individual LSTO. The quantity discount may be in terms of a percentage or dollar amount reduction from the stated NTE price. The quantity discount may apply to the number of launch services generally or may be applied to the number of launch vehicle configurations specifically, or both. The Offeror’s proposal in response to a Request for Launch Service Proposal (RLSP) shall identify any conditions that the discount is contingent upon.
LAUNCH
VEHICLE
CONFIGURATION
NOT-TO-EXCEED PRICE ($)
IN CALENDAR YEAR ORDERED*
2025 2026 2027 2028 2029 2030
* Pricing is based on the standard integration period of L-30 plus or minus 3 months.
Table B-9: NTE Price List - Standard Launch Services for IDIQ Missions
1.8 NTE Prices – Non-Standard Services for IDIQ Missions
The Government shall have the right to order the following non-standard services at the prices and for the launch vehicle configurations identified in Table B-10. Nothing in this clause precludes the Contractor from proposing more favorable prices or discount terms in response to specific requests for launch service proposals in accordance with contract Section C, Clause 14.0. For non-standard services which have non-recurring costs the offeror shall also propose “Subsequent purchase” pricing. “Subsequent purchase” pricing shall apply in the event the Government orders a non-standard service more than once from a provider, regardless of the mission specific implementation and/or repetitive nature of the mission.
B-5
Launch Vehicle Configuration TBP From Table B-9
NON-STANDARD
SERVICE ITEM
NOT TO EXCEED (NTE) PRICE ($)
IN CALENDAR YEAR ORDERED*
2026 2027 2028 2029 2030 2031 2032
* Pricing is based on the standard integration period of L-30 plus or minus 3 months.
Table B-10: NTE Price List - Non-Standard Services for IDIQ Missions
2.0 TOTAL AWARD AMOUNT
The guaranteed minimum value of this contract is $20,000. The maximum potential value of contract number TBD is $15,000,000,000. The total maximum potential value of all NLS contracts combined is $15,000,000,000.
3.0 LAUNCH SERVICE FLEXIBILITY
3.1 General
The Government reserves the unilateral right, at any time, to substitute payloads, as well as bilaterally substitute standard launch services and/or add/delete non-standard services thereto, for any mission awarded to the Contractor under this contract. Substitution of those standard launch services and non-standard services shall be subject to the NTE caps identified in Tables B-9 and B-10. In addition, cost impacts resulting from payload substitutions and substitution of standard launch services shall be subject to the changes clause.
B-6
3.2 Reserved
Table B-11: Reserved
3.3 Reserved
Table B-12: Reserved
4.0 MOST FAVORED CUSTOMER
The Contractor hereby certifies the CLIN prices for standard launch services (including standard mission integration) under this contract are no higher than the lowest price charged to any other commercial or U.S. Government customer for an equivalent launch service during the twelve (12) months both preceding and following the placement of a launch service task order. The Government shall be entitled to a one-time reduction in contract price for each standard launch service failing to meet this certification. The price credit will be equal to the difference between the standard launch service price under this contract and the lower price awarded for an equivalent launch service.
5.0 IDIQ LAUNCH SERVICE AND PRICE UPDATES
Successful Offerors who receive NLS II IDIQ contract awards may propose additional IDIQ NTE launch services and prices via the On-Ramp and Technology Insertion clause, Section C, Clause 2.0. IDIQ contract holders will not be entitled to unilaterally adjust NTE prices or delete launch services already in the contract. Contractor initiated changes to the launch vehicle configuration, vendor, or design shall be subject to the launch vehicle certification requirements of Section C, Clause 3.0. Contractor initiated changes to the launch vehicle configuration, vendor, or design, after mission ATP, shall be at no increase to the contract price and subject to the written approval of the Contracting Officer. New launch vehicle certification plans and revisions to existing certification plans may be proposed for inclusion into the contract when submitting Launch Service proposals pursuant to Section C, Clause 14.0, and shall be subject to the written approval of the Contracting Officer.
Section C Revision T Contract Terms and Conditions RFP10-99-0021
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SECTION C
CONTRACT TERMS AND CONDITIONS
1.0 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(TAILORED)……………………. C-1
2.0 ON-RAMP AND TECHNOLOGY INSERTION ……………………………. C-9
3.0 LAUNCH VEHICLE CERTIFICATION……………….……………………... C-12
4.0 OFF-RAMP CLAUSE……………………………...…………………………..… C-13
5.0 LAUNCH SERVICE PAYMENTS, MILESTONE EVENTS AND
COMPLETION CRITERIA…………………………………..…..…..…..…..… C-14
6.0 NFS 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT)..C-17
7.0 SECURITY FOR LAUNCH SERVICE PAYMENT FINANCING………….. C-19
8.0 SCOPE OF WORK – SPECIAL TASK ASSIGNMENTS (STUDIES AND
ANALYSES) (CLIN 10)……………………………..……..…..…..…..…..…..… C-20
9.0 ORDERING PROCEDURE AND PAYMENT FOR SPECIAL TASK
ASSIGNMENTS (STUDIES AND ANALYSES) (CLIN 10)………………..… C-21
10.0 RESERVED…………………………………..………………………………...…. C-22
11.0 FAR 52.216-18 ORDERING ………………………………………………….. C-22
12.0 FAR 52.216-19 ORDER LIMITATIONS ……………………………………..C-23
13.0 FAR 52.216-22 INDEFINITE QUANTITY………………………………..….C-24
14.0 LAUNCH SERVICE TASK ORDERING PROCEDURES…………………… C-24
15.0 PRESERVATION, PACKING, PACKAGING, AND MARKING FOR
DOCUMENTATION……………………………………………………...…..….. C-54
16.0 FAR 52.246-11 HIGHER LEVEL CONTRACT QUALITY
REQUIREMENT ……………………………..………………………………….. C-54
17.0 INSPECTION SYSTEM RECORDS……………………………………………. C-54
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18.0 REQUIRED TIME OF DELIVERY FOR LAUNCH SERVICES.……...…… C-30
19.0 ADJUSTMENTS TO LAUNCH SCHEDULE…………………………………. C-30
20.0 PLACE OF PERFORMANCE……………………………………………………C-34
21.0 RESERVED……………………………………………….………………………. C-34
22.0 RESERVED …………………………………………………………………….... C-34
23.0 USE OF GOVERNMENT PROPERTY, FACILITIES, AND ASSETS……… C-34
24.0 MISSION SUCCESS DETERMINATION, INVESTIGATION, AND
CORRECTIVE ACTIONS…………………………………………………….... C-35
25.0 GOVERNMENT INSIGHT AND APPROVAL………………………………... C-39
26.0 GOVERNMENT LAUNCH READINESS ASSESSMENT…………………….C-41
27.0 LICENSES AND PERMITS FOR A LAUNCH SERVICE OPERATOR…….C-42
28.0 ADVANCE UNDERSTANDING REGARDING TERMINATION
SETTLEMENT UNDER FAR 52.212-4(l)……………………………………… C-42
29.0 CO-MANIFESTED PAYLOADS……………………………………………….. C-43
30.0 EXPORT CONTROL AND FOREIGN NATIONALS…………………………C-47
31.0 DOMESTIC SOURCE CRITERIA………………………………………………C-47
32.0 LIABILITY FOR THIRD PARTY CLAIMS…………………………………... C-48
33.0 FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS
AND CERTIFICATIONS (DEC 2014)…………………………………………..C-50
34.0 RESERVED ………………………………………………………………………. C-50
35.0 RESERVED……………………………………………..………………………… C-92
36.0 LISTING OF CLAUSES INCORPORATED BY REFERENCE……………... C-
37.0 LISTING OF CLAUSES INCORPORATED BY REFERENCE…………….. C-
C-iii
38.0 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE..………. C-
39.0 RESERVED………………………………………………….…………..…..…….C-61
40.0 SPECIAL UNDERSTANDING REGARDING DAMAGE TO
GOVERNMENT PAYLOADS…………………………………………………….C-61
41.0 SPECIAL UNDERSTANDING REGARDING LIABILITY FOR THIRD
PARTY CLAIMS FOR NUCLEAR INCIDENTS…………………………… C-62
42.0 DEPARTMENT OF ENERGY (DOE) 952.250-70 NUCLEAR HAZARDS
INDEMNITY AGREEMENT ………………………………………...………….C-94
43.0 1852.228-78 CROSS-WAIVER OF LIABILITY FOR SCIENCE OR
SPACE EXPLORATION ACTIVITIES UNRELATED
TO THE INTERNATIONAL SPACE STATION
(DEVIATION) .…...…..…..…..…..…..…..…..…..…..…..….. C-98
44.0 RESERVED………………………………………………..……..………...………C-100
45.0 FAR 52.219-1 SMALL BUSINESS PERFORMANCE REPRESENTATIONS
…………………………………………..……..………...………C-71
46.0 RESERVED……………………………………………………………. ………….C-76
47.0 FAR 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS
REPRESENTATIONS AND CERTIFICATIONS ………….C-78
LIST OF TABLES
Table C-1 Launch Service Payment Schedule………………………………………. C-16
Table C-2 Reserved………………………………………………………………… N/A
Table C-3 Reserved………………………………….……………………………… N/A
Table C-4 IDIQ LSTO Delivery Schedule….………………………………………. C-30
Table C-5 Contractor Liquidated Damages and Grace Periods ………………….…. C-31
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Table C-6 NASA Postponement Fees and Grace Periods…..…………….….….…. C-32
Table C-7 Reserved ………………………………………………………………… N/A
Table C-8 Mission Success Payment Schedule………………………………….…. C-78
Table C-9 Reserved…………………………………………………………………. N/A
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CONTRACT TERMS AND CONDITIONS
1.0 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (DEVIATION) Nov
2025(TAILORED)
(a) (a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.
(b) Inspection/Acceptance. Pursuant to FAR Subpart 12.402(b), FAR clause 52.246- 11 Higher-Level Contract Quality Requirement (Dec 2014) shall govern and apply to this contract and is provided in full text in Section C, Clause 16.0. For launch service Contract Line Item Numbers (CLINs) prior to launch, the provisions of FAR clause 52.246-4 Inspection of Services—Fixed-Price (Aug 1996) shall govern and apply to this contract and is incorporated by reference under contract Section C, Clause 36.0. The Government reserves the right to perform in-process inspection or testing of any supplies or launch services tendered for acceptance prior to launch.
The Government will accept only those launch services that successfully deliver a separated and undamaged payload to the proper orbit conditions and insertion accuracies and do not exceed the environmental parameters stated in the Interface Control Document (ICD) except as otherwise provided in this contract. Acceptance of launch service CLINs, and remedies for partial or failed missions shall be in accordance with contract Section C, Clause 24.0, Mission Success Determination, Investigation, and Corrective Actions. The Contractor shall only tender for acceptance those items conforming to the contract requirements. For services other than launch services, the Government will require re-performance of nonconforming services at no increase in contract price. For launch services, the Government must exercise its post-acceptance rights within the time specified in contract Section C, Clause 24.0, Mission Success Determination, Investigation, and Corrective Actions. For supplies or services other than launch services, the Government must exercise its post-acceptance rights:
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes
C-44 payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. FAR clause 52.243-1 Changes - Fixed-Price (Jun 2025) Alt I (Jun 2025) is hereby incorporated by reference under contract Section C, Clause 36.0. The time requirement for the Contractor to assert it’s rights for Equitable Adjustment (EA) is increased from thirty (30) days to (60) sixty days.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.
Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference under contract Section C, Clause 36.0.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. Excusable delays for launch delays by either party are identified and shall be resolved in accordance with contract Section C, Clause 19.0, Adjustments to Launch Schedule.
(g) Invoice. The Government will handle invoices according to the Prompt Payment
Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.
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(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt Payment. The Government will make payment in accordance with the
Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the
Contracting Officer.
(5) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within thirty (30) days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
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(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR Part 33 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within thirty (30) days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement;
or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR Part 32).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR Part 32 in effect on the date of this contract.
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(j) Risk of loss. Risk of loss of or damage to Government property under this contract will be governed by FAR clause 52.246-25 Limitation of Liability--Services (Feb 1997) and is hereby incorporated by reference under contract Section C, Clause 36.0.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience subject to the terms of this contract specified in contract Section C, Clause 28.0, Advance Understanding Regarding Termination Settlement under FAR Clause 52.212-4(l).
(m) Termination for Cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, including failure to meet launch dates, certify or maintain certified launch vehicles, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of Termination for Cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, including all launch service payments previously paid and all launch service payments remaining to be paid, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless otherwise specified in a Task Assignment, title to items furnished in conjunction with services under this contract shall remain with the Contractor. In accordance with 42 U.S.C. 2465e, NASA shall not take title to launch vehicles under contracts for launch services.
(o) Warranty. Unless otherwise specified in a Task Assignment, the Contractor makes no warranty, express or implied, with respect to the services delivered or performed hereunder.
(p) Limitation of liability. Except as provided for in paragraphs (a) and (j) above, the
Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to
C-48 benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards Act; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule and description of supplies/services (Section B, C, and Statement of Work, excluding contract clauses incorporated by reference).
The ICD (Exhibit 8) shall take precedence over the Mission Solution (Exhibit
9) once the ICD is incorporated by reference into the contract.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and
Compliance with Laws Unique to Government Contracts paragraphs of this clause.
(3) Other contract clauses incorporated in the solicitation or contract;
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) Unauthorized Obligations.
(1) Except as stated in paragraph (t)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or
C-49 agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(u) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
2.0 ON-RAMP AND TECHNOLOGY INSERTION
2.1 The purpose of the IDIQ On-Ramp is to create an opportunity for qualified new, emerging launch service providers and for incumbent launch service providers to
C-50 introduce launch vehicles not available at the time of the award of the initial contract and to compete for additional requirements not identified as firm or option requirements under the basic contract. The intent of the On-Ramp is to foster competition for future requirements for launch services.
The minimum IDIQ On-Ramp qualification criteria are:
(A) The Launch Service Contractor (LSC) shall be a domestic LSC pursuant to Section 201 of Public Law 105-303, Commercial Space Act of 1998.
(B) The LSC must obtain an AS9100 third party certification from a Registrar that is accredited by a body recognized by either the ANSI-ASQ National Accreditation Board (ANAB) or the International Aerospace Quality Group (IAQG), for any corporation, corporate divisions, subsidiaries, joint ventures, partner(s) and/or other business entity actually performing launch vehicle manufacturing, management, payload/launch vehicle integration, testing and launch.
2.2 The parties mutually agree that the original solicitation, as revised, shall remain open during the life of this contract and that at any time the Government may award additional contracts for IDIQ requirements. Each August during the life of this contract, or at any other time established via synopsis, the Government, will accept proposals from new launch service providers for IDIQ contracts and proposals from existing IDIQ contractors for additional launch services. If the Government issues a solicitation notice, new launch service providers and current IDIQ contractors will be allowed to submit proposals, within the notice's stated response time.
The minimum contract requirements (as revised), the technical acceptability standards, evaluation factors, solicitation terms and conditions, price reasonableness, and basis for award shall remain in full force and effect for each new proposal. Upon award of each additional contract, the Government shall notify all present Contractors of the award, and the new Contractor shall thenceforth be eligible to compete with all present Contractors for the award of IDIQ task orders. A new launch vehicle orientation may be requested by the Government when appropriate as referenced in Attachment D1, Paragraph 2.2.5.
2.3 Expansion of Performance Capabilities
NASA reserves the right to consider, in the future, expansion of the performance capabilities covered by the IDIQ portion of the NLS II contract, by properly soliciting offers from all interested sources capable of meeting the requirements in the expanded performance capabilities.
2.4 Additional Launch Services Requirements
(A) Prior to proposal submittal for a Launch Services Task Order (LSTO), the proposed launch vehicle must have one successful flight, as established in contract Section C, Clause 14.0, Launch Service Task Ordering Procedures.
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(B) Launch vehicles will be certified based on the requirements established by NPD
8610.7, ELV Risk Mitigation Policy for NASA-Owned and NASA-Sponsored Payloads, and contract Section C, Clause 3.0, Launch Vehicle Certification, prior to launch of a NASA mission.
(C) Launch services must comply with all the conditions and requirements of contract
Attachment D1, Statement of Work (SOW).
2.5 The minimum order amount for IDIQ contracts awarded in accordance with this On- Ramp Clause is $20,000.
2.6 In preparation for eventual on-ramp and certification of new common launch vehicle configurations (CLVC) in active development by NLS II IDIQ LSC’s, NASA is available to review, comment, provide advice and/or advance independent assessment on various launch vehicle systems and performance as follows:
A) Each CLVC governed by this clause will be listed via bi-lateral contract modification in clause 2.6 F. There is no requirement for the LSC to offer NASA information under this clause for any new CLVC’s in development unless it is listed in clause 2.6 F or has been on ramped. Clause 2.6 F will include specific guidelines governing the interaction for each CLVC. The LSC may unilaterally remove a vehicle from clause 2.6 F at any time.
B) The LSC will determine the extent of the data to be provided to NASA. However, for listed CLVC’s, NASA shall be invited to major reviews (e.g. System Requirements Reviews, Preliminary Design Reviews, Critical Design Reviews, Qualification Test Reviews, Technical Interchange Meetings) and NASA will use its best efforts to support them. The LSC should provide NASA the presentation materials in advance in either electronic and/or hardcopy. LSP may request, and the LSC may provide at their discretion, any additional supporting information or analyses.
C) NASA will use reasonable efforts to participate in person or via telecon in reviews and
TIMs with LSP personnel it deems appropriate and consistent with its available resources. NASA will consider on a case-by-case basis any LSC requests for independent assessment, or analyses to be performed by NASA.
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