80AFRC25R0001.pdf
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- Western Regional Multiple Award Construction Contracts (WRMACC) Federal contract opportunity
- Solicitation number
- 80AFRC25R0001
About this file
This document is a Request for Proposal (RFP) for NASA's Western Regional Multiple Award Construction Contracts (WRMACC), a multiple-award Indefinite Delivery, Indefinite Quantity (IDIQ) contract. NASA intends to award up to 30 small business contracts in two geographic pools (Northern and Southern California) for construction services at various NASA and military facilities, primarily serving NASA Armstrong Flight Research Center, Ames Research Center, and other locations like Goldstone Deep Space Communications Complex and Air Force bases. The contract will cover general construction, alteration, modification, maintenance, and repair of buildings and facilities, with a total contract value of $450,000,000 and a performance period from January 2, 2026 to January 1, 2031.
The solicitation includes a complex multi-step evaluation process prioritizing small business categories in a specific order: Service-Disabled Veteran Owned Small Businesses, HUBZone, Woman-Owned Small Business, Small Disadvantaged Business, and Small Business. Proposals will be evaluated on three factors: Technical Acceptability (including bonding capacity and licensing), Past Performance, and Price, with Past Performance weighted significantly more important than Price. The virtual pre-proposal conference is scheduled for July 9, 2025, with site visits for Northern and Southern California pools on July 22 and 24, 2025, respectively. Proposals are due August 20, 2025, at 10:00am PST, with potential task order awards to the lowest-priced technically acceptable offerors in each pool.
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80AFRC25R0001
SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C-1
The Contractor shall furnish the services and supplies set forth in Section B in accordance with the Statement of Work entitled “WRMACC SOW” listed in Section J, Attachment J-01.
(END OF SECTION)
SECTION D - PACKAGING AND MARKING
D-1
1852.245-74 IDENTIFICATION AND MARKING OF GOVERNMENT EQUIPMENT
(JAN 2011) *Identified on task order.
(a) The Contractor shall identify all equipment to be delivered to the Government using NASA Technical Handbook (NASA–HDBK) 6003, Application of Data Matrix Identification Symbols to Aerospace Parts Using Direct Part Marking Methods/Techniques, and NASA Standard (NASA–STD) 6002, Applying Data Matrix Identification Symbols on Aerospace Parts or through the use of commercial marking techniques that: (1) are sufficiently durable to remain intact through the typical lifespan of the property: and, (2) contain the data and data format required by the standards. This requirement includes deliverable equipment listed in the schedule and other equipment when no longer required for contract performance and NASA directs physical transfer to NASA or a third party. The Contractor shall identify property in both machine and human readable form unless the use of a machine readable-only format is approved by the NASA Industrial Property Officer.
(b) Equipment shall be marked in a location that will be human readable, without disassembly or movement of the equipment, when the items are placed in service unless such placement would have a deleterious effect on safety or on the item’s operation.
(c) Concurrent with equipment delivery or transfer, the Contractor shall provide the following data in an electronic spreadsheet format:
(1) Item Description.
(2) Unique Identification Number (License Tag).
(3) Unit Price.
(4) An explanation of the data used to make the unique identification number.
(d) For equipment no longer needed for contract performance and physically transferred under paragraph (a) of this clause, the following additional data is required:
(1) Date originally placed in service.
(2) Item condition.
(e) The data required in paragraphs (c) and (d) of this clause shall be delivered to the NASA center receiving activity listed below:
(f) The contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that require delivery of equipment.
(End of clause)
SECTION G - CONTRACT ADMINISTRATION DATA
G-2
(i) Vouchers.
(A) Breakdown of billed labor costs and associated contractor generated supporting documentation for billed direct labor costs to include rates used and number of hours incurred.
(B) Breakdown of billed other direct costs (ODCs) and associated contractor generated supporting documentation for billed ODCs.
(C) Indirect rate(s) used to calculate the amount of billed indirect expenses.
(D) Progress reports, as required.
(ii) Invoices.
(A) Description of goods and services delivered as part of the contract's terms and conditions, including the dates of delivery/performance.
(B) Progress reports, as required.
(C) Date goods and services were performed.
(iii) Fee vouchers.
(A) Listing of all provisionally-billed fee by period or date earned since contract award.
(B) A reconciliation of all billed and earned fee.
(C) A clear explanation of the fee calculations.
(d) Non-electronic payment requests. The Contractor may submit a non-electronic voucher/invoice using the steps for non-electronic payment requests described at https://www.nssc.nasa.gov/vendorpayment, when any of the following conditions are met:
(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor.
(2) The contract includes provisions allowing the contractor to submit vouchers or invoices using the steps for non-electronic payment. In such instances the Contractor agrees to submit non-electronic payment requests using the method or methods specified in Section G of the contract.
(e) Improper vouchers/invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in a voucher/invoice within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (b) of this section.
(f) Other payment clauses. In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.
(g) In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate payment request for the amount withheld will be required before payment for that amount may be made.
G-3
G. 4 1852.245-76 LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT
TO FAR 52.245–1 (JAN 2011) * Identified on task order.
For performance of work under this contract, the Government will make available Government property identified below or in Attachment [*Insert attachment number or ‘‘not applicable’’] of this contract on a no charge-for-use basis pursuant to the clause at FAR 52.245-1, Government Property, as incorporated in this contract. The Contractor shall use this property in the performance of this contract at [*Insert applicable site(s) where property will be used] and at other location(s) as may be approved by the Contracting Officer. Under FAR 52.245–1, the Contractor is accountable for the identified property.
G. 5 1852.245-82 OCCUPANCY MANAGEMENT REQUIREMENTS. (SEP 2017)
* Identified on task order.
(a) In addition to the requirements of the clause at FAR 52.245-1, Government Property, as included in this contract, the Contractor shall comply with the following in performance of work in and around Government real property:
(1) NPD 8800.14, Policy for Real Estate Management.
(2) NPD 8831.2, Facilities Maintenance and Operations Management.
_*TBD_ [Insert any additional Center occupancy requirements here]
(b) The Contractor shall obtain the written approval of the Contracting Officer before installing or removing Contractor-owned property onto or into any Government real property or when movement of Contractor-owned property may damage or destroy Government-owned property.
The Contractor shall restore damaged property to its original condition at the Contractor’s expense.
(c) The Contractor shall not acquire, construct or install any fixed improvement or structural alterations in Government buildings or other real property without the advance, written approval of the Contracting Officer. Fixed improvement or structural alterations, as used herein, means any alteration or improvement in the nature of the building or other real property that, after completion, cannot be removed without substantial loss of value or damage to the premises.
Title to such property shall vest in the Government.
(d) The Contractor shall report any real property or any portion thereof when it is no longer required for performance under the contract, as directed by the Contracting Officer.
G-4
G. 6 1852.245-83 REAL PROPERTY MANAGEMENT REQUIREMENTS. (JAN 2011)
* Identified on task order.
(a) In addition to the requirements of the FAR Government Property Clause incorporated in this contract (FAR 52.245-1), the Contractor shall comply with the following in performance of any maintenance, construction, modification, demolition, or management activities of any Government real property:
(1) NPD 8800.14, Policy for Real Property Management.
(2) NPR 8831.2, Facility Maintenance Management.
_*TBD_ [Insert any additional Center occupancy requirements here]
(b) Within 30 calendar days following award, the Contractor shall provide a plan for maintenance of Government real property provided for use under this contract. The Contractor's maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the Contracting Officer the need for replacement and/or capital rehabilitation. Upon acceptance by the Contracting Officer, the program shall become a requirement under this contract.
(c) Title to parts replaced by the Contractor in carrying out its normal maintenance obligations shall pass to and vest in the Government upon completion of their installation in the facilities.
The Contractor shall keep the property free and clear of all liens and encumbrances.
(d) The Contractor shall keep records of all work done to real property, including plans, drawings, charts, warranties, and manuals. Records shall be complete and current. Record of all transactions shall be auditable. The Government shall have access to these records at all reasonable times, for the purposes of reviewing, inspecting, and evaluating the Contractor's real property management effectiveness. When real property is disposed of under this contract, the Contractor shall deliver the related records to the Government.
(e) The Contracting Officer may direct the Contractor in writing to reduce the work required by the maintenance program authorized in paragraph (b) of this clause at any time.
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H-2 and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.
(b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at [insert name of NASA installation], where the foreign person will have access to export-controlled technical data or software.
(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.
(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.
H. 4 1852.236-75 PARTNERING FOR CONSTRUCTION CONTRACTS
(AUG 1998) *Identified on task order.
(a) The terms “partnering” and “partnership” used herein shall mean a relationship of open communication and close cooperation that involves both Government and Contractor personnel working together for the purpose of establishing a mutually beneficial, proactive, cooperative environment within which to achieve contract objectives and resolve issues and implementing actions as required.
(b) Partnering will be a voluntary commitment mutually agreed upon by at least NASA and the prime contractor, and preferably the subcontractors and the A&E design contractor, if applicable.
Sustained commitment to the process is essential to assure success of the relationship.
(c) NASA intends to facilitate contract management by encouraging the foundation of a cohesive partnership with the Contractor, its subcontractors, the A&E design contractor, and NASA’s contract management staff. This partnership will be structured to draw on the strengths of each organization to identify and achieve mutual objectives. The objectives are intended to complete the contract requirements within budget, on schedule, and in accordance with the plans and specifications.
(d) To implement the partnership, it is anticipated that within 30 days of the Notice to Proceed the prime Contractor’s key personnel, its subcontractors, the A&E design contractor, and NASA personnel will attend a partnership development and team building workshop. Follow-up team building workshops will be held periodically throughout the duration of the contract as agreed to by the Government and the Contractor.
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H-3
(e) Any cost with effectuating the partnership will be agreed to in advance by both parties and will be shared with no change in the contract price. The contractor’s share of the costs are not recoverable under any other Government award.
H. 5 IDIQ MINIMUM/ MAXIMUM QUANTITY
The guaranteed minimum amount of work which may be required under each contract is $1,000.00. The maximum amount of work under all the WRMACC contracts is $450,000,000.
The total amount of all Task Orders under a single contract awarded shall not exceed $300,000,000 for the 5-year period of performance.
An offeror awarded one or both initial task orders meet this guaranteed minimum amount of work. All other awardees will receive a $1,000.00 Task Order for the Safety and Health Plan submission to meet this guaranteed minimum.
H. 6 ON-RAMP AND OFF-RAMP
The Government may exercise the use of on/off ramping measure within a WRMACC pool to ensure an adequate number of awardees are available to achieve effective competition on all task orders.
On-Ramping: The Government reserves the right to on-ramp additional pool awardees at any time during the term of the contract. The on-ramped Contractor’s contract will share the same remaining ordering period. The converted Contractors contract must expire on the same date as all other active pool Contractors.
The on-ramp qualification criteria are identical to those described in the original solicitation. The evaluation criteria for on-ramp.
Off-Ramping: The Government reserves the right to off-ramp pool WRMACC Contractors when it is determined to be in the best interest of the Government.
The Government will review each awardees participation rate, reason(s) for non-participation, and performance evaluations for task orders completed or in process. The Governments sole and complete liability to an off-ramped Contractor is the $1,000.00 minimum guarantee.
SECTION I - CONTRACT CLAUSES
I-8
1852.203-70 DISPLAY OF INSPECTOR GENERAL HOTLINE
POSTERS.
Jun 2001
1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF
WHISTLEBLOWER RIGHTS.
Jul 2023
1852.215-84 OMBUDSMAN. Nov 2023 1852.219-75 INDIVIDUAL SUBCONTRACTING REPORTS. Apr 2015 1852.219-77 NASA MENTOR-PROTÉGÉ PROGRAM. Oct 2023 1852.219-79 MENTOR REQUIREMENTS AND EVALUATION. Oct 2023 1852.223-74 DRUG- AND ALCOHOL-FREE WORKFORCE. Oct 2023 1852.228-75 MINIMUM INSURANCE COVERAGE. Oct 1988 1852.237-70 EMERGENCY EVACUATION PROCEDURES Dec 1988 1852.237-73 RELEASE OF SENSITIVE INFORMATION Jun 2005
(End of by reference clauses)
I. 3 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR
INFORMATION SYSTEMS. (NOV 2021)
(a) Definitions. As used in this clause - Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.
3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
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(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
I. 4 52.216-18 ORDERING. (AUG 2020)
I-10
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through five years after date of the award.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered “issued” when -
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either -
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
I. 5 52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than Simplified Acquisition Threshold (SAT), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor -
(1) Any order for a single item in excess of $10,000,000.
(2) Any order for a combination of items in excess of $300,000,000; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is
I-11 returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
I. 6 52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum.
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after one year.
I. 7 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
I. 8 52.219-12 SPECIAL 8(A) SUBCONTRACT CONDITIONS. (OCT 2019) *Identified on task order.
I-12
(a) The Small Business Administration (SBA) has entered into Contract No. _*_with the _*_to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.
(b) The _*_, hereafter referred to as the subcontractor, agrees and acknowledges as follows:
(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. * for the consideration stated therein and that it has read and is familiar with each and every part of the contract.
(2) That the SBA has delegated responsibility, except for novation agreements, for the administration of this subcontract to the * with complete authority to take any action on behalf of the Government under conditions of this subcontract.
(3) That it will notify the * Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.
(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the * .
I. 9 52.219-13 NOTICE OF SET-ASIDE OF ORDERS. (MAR 2020) *Identified on task order.
(a) The Contracting Officer may set aside orders for the small business concerns identified in 19.000(a)(3).
(b) The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program.
This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).
I. 10 52.219-17 SECTION 8(A) AWARD. (OCT 2019) * Identified on task order.
(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:
(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).
I-13
(2) Except for novation agreements, delegates to the * the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.
(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.
(4) To notify the * Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.
(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.
(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.
I. 11 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A)
PARTICIPANTS. (OCT 2022) * Identified on task order.
(a) Offers are solicited only from—
(1) Small business concerns expressly certified by the Small Business Administration (SBA) for participation in SBA's 8(a) program and which meet the following criteria at the time of submission of offer—
(i) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and
(ii) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by SBA;
(2) A joint venture, in which at least one of the 8(a) program participants that is a party to the joint venture complies with the criteria set forth in paragraph (a)(1) of this clause, that complies with 13 CFR 124.513(c); or
(3) A joint venture—
(i) That is comprised of a mentor and an 8(a) protégé with an approved mentor-protégé agreement under the 8(a) program;
(ii) In which at least one of the 8(a) program participants that is a party to the joint venture complies with the criteria set forth in paragraph (a)(1) of this clause; and
(iii) That complies with 13 CFR 124.513(c).
I-14
(b) By submission of its offer, the Offeror represents that it meets the applicable criteria set forth in paragraph (a) of this clause.
(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation. A contracting officer may consider a joint venture for contract award. SBA does not approve joint ventures for competitive awards, but see 13 CFR 124.501(g) for SBA's determination of participant eligibility.
(d) The * shall notify * Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock.
I. 12 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A)
PARTICIPANTS. (OCT 2022) ALTERNATE I (MAR 2023) * Identified on task orders.
Alternate I (MAR 2023). If the competition is to be limited to 8(a) participants within one or more specific SBA regions or districts, add the following paragraph (a)(1)(iii) to paragraph (a) of the clause:
(iii) The offeror's approved business plan is on the file and serviced by * .
I. 13 52.219-29 NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD TO,
ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS
CONCERNS. (APR 2021) (DEVIATION)
(a) Definitions.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business (WOSB) concern eligible under the WOSB Program.
WOSB Program Repository means a secure, Web-based application that collects, stores, and disseminates documents to the contracting community and SBA, which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program.
(b) Applicability. This clause applies only to -
I-15
(1) Contracts that have been set aside for, or awarded on a sole-source basis to, EDWOSB concerns;
(2) Part or parts of a multiple-award contract that have been set aside for EDWOSB concerns;
(3) Orders set aside for EDWOSB concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and
(4) Orders issued directly to EDWOSB concerns under multiple-award contracts as described in 19.504(c)(1)(ii).
(c) General. (1) Offers are solicited only from EDWOSB concerns. Offers received from concerns that are not EDWOSB concerns will not be considered.
(2) Any award resulting from this solicitation will be made to an EDWOSB concern.
(3) The Contracting Officer will ensure that the apparent successful offeror has provided all required documents to the WOSB Program Repository. The contract will not be awarded until all required documents are received.
(d) Joint Venture. A joint venture may be considered an EDWOSB concern if -
(1) It meets the applicable size standard corresponding to the North American Industry Classification System code assigned to the contract, unless an exception to affiliation applies pursuant to 13 CFR 121.103(h)(3);
(2) The EDWOSB participant of the joint venture is designated in the System for Award Management) as an EDWOSB concern;
(3) The parties to the joint venture have entered into a written joint venture agreement that contains provisions -
(i) Setting forth the purpose of the joint venture;
(ii) Designating an EDWOSB concern as the managing venturer of the joint venture, and an employee of the managing venturer as the project manager responsible for the performance of the contract;
(iii) Stating that not less than 51 percent of the net profits earned by the joint venture will be distributed to the EDWOSB;
(iv) Specifying the responsibilities of the parties with regard to contract performance, sources of labor, and negotiation of the EDWOSB contract; and
(v) Requiring the final original records be retained by the managing venturer upon completion of the EDWOSB contract performed by the joint venture; and
(4) The Contracting Officer executes the contract in the name of the EDWOSB or joint venture.
I. 14 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL
CONTENT FOR EPA-DESIGNATED ITEMS. (MAY 2008)
I-16
(a) Definitions. As used in this clause - Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.
Postconsumer material is a part of the broader category of “recovered material.”
Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall –
(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and
(2) Submit this estimate to the Contracting Officer at the Task Order Issuing Center and 1 copy to the Environmental Officer at the Task Order Issuing Center.
I. 15 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL
CONTENT FOR EPA-DESIGNATED ITEMS. (MAY 2008) ALTERNATE I (MAY
2008) * Identified on task order.
Alternate I (MAY 2008). As prescribed in 23.406(d), redesignate paragraph (b) of the basic clause as paragraph (c) and add the following paragraph (b) to the basic clause:
(b) The Contractor shall execute the following certification required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(i)(2)(C)):
I, * , am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contractual requirements.
* (Signature of the Officer or Employee)
* (Typed Name of the Officer or Employee)
* (Title)
* (Name of Company, Firm, or Organization)
* (Date)
I. 16 52.225-11 BUY AMERICAN - CONSTRUCTION MATERIALS UNDER TRADE
AGREEMENTS. (OCT 2022) ALTERNATE I (MAR 2022) (DEVIATION)
I-17
Alternate I (DEVIATION 20-02B, MAR 2022). As prescribed in 25.1102(c)(3), add the following definition of “Bahrainian, Mexican, or Omani construction material” to paragraph (a) of the basic clause, and substitute the following paragraphs (b)(1) and (b)(2) for paragraphs (b)(1) and (b)(2) of the basic clause: Bahrainian, Mexican, or Omani construction material means a construction material that -
(1) Is wholly the growth, product, or manufacture of Bahrain, Mexico, or Oman; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in Bahrain, Mexico, or Oman into a new and different construction material distinct from the materials from which it was transformed.
(b) Construction materials. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction material, excluding COTS fasteners. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and all the Free Trade Agreements except the Bahrain FTA, United States-Mexico-Canada Agreement, and the Oman FTA apply to this acquisition. Therefore, the Buy American statute restrictions are waived for designated country construction materials other than Bahrainian, Mexican, or Omani construction materials.
(2) The Contractor shall use only domestic or designated country construction material other than Bahrainian, Mexican, or Omani construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.
I. 17 52.236-4 PHYSICAL DATA. (APR 1984) * Identified on task order.
Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.
(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by * [insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels].
(b) Weather conditions * [insert a summary of weather records and warnings].
(c) Transportation facilities * [insert a summary of transportation facilities providing access from the site, including information about their availability and limitations].
(d) * [Insert other pertinent information].
I-18
I. 18 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
Code of Federal Regulations: www.ecfr.gov FAR Clauses: www.acquisition.gov NASA FAR Supplement clauses: www.acquisiton.gov/nfs
I. 19 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.
(b) The use in this solicitation or contract of any NASA FAR Supplement (48 CFR 18) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.
I. 20 1852.216-80 TASK ORDERING PROCEDURE. (OCT 1996) ALTERNATE II
(APR 2018).
(a) Only the Contracting Officer may issue task orders to the Contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the schedule. The Contractor may incur costs under this contract in performance of task orders and task order modifications issued in accordance with this clause. No other costs are authorized unless otherwise specified in the contract or expressly authorized by the Contracting Officer.
(b) Prior to issuing a task order, the Contracting Officer shall provide the Contractor with the following date:
(1) A functional description of the work identifying the objectives or results desired from the contemplated task order.
(2) Proposed performance standards to be used as criteria for determining whether the work requirements have been met.
(3) A request for a task plan from the Contractor to include the technical approach, period of performance, appropriate cost information, and any other information required to determine the reasonableness of the Contractor's proposal.
I-19
(c) Within 20 days after receipt of the Contracting Officer's request, the Contractor shall submit a task plan conforming to the request.
(d) After review and any necessary discussions, the Contracting Officer may issue a task order to the Contractor containing, as a minimum, the following:
(1) Date of the order.
(2) Contract number and order number.
(3) Functional description of the work identifying the objectives or results desired from the task order, including special instructions or other information necessary for performance of the task.
(4) Performance standards, and where appropriate, quality assurance standards.
(5) Maximum dollar amount authorized (cost and fee or price). This includes allocation of award fee among award fee periods, if applicable.
(6) Any other resources (travel, materials, equipment, facilities, etc.) authorized.
(7) Delivery/performance schedule including start and end dates.
(8) If contract funding is by individual task order, accounting and appropriation data.
(e) The Contractor shall provide acknowledgement of receipt to the Contracting Officer within 7 calendar days after receipt of the task order.
(f) If time constraints do not permit issuance of a fully defined task order in accordance with the procedures described in paragraphs (a) through (d), a task order which includes a ceiling price may be issued.
(g) The Contracting officer may amend tasks in the same manner in which they are issued.
(h) In the event of a conflict between the requirements of the task order and the Contractor's approved task plan, the task order shall prevail.
(i) Contractor shall submit progress reports, as required. When required, the reports shall contain, at a minimum, the following information:
(1) Contract number, task order number, and date of the order.
(2) Price and billed amounts to date for each task order.
(3) Significant issues/problems associated with the task order.
(4) Status of all task orders issued under the contract.
(5) Invoice number.
I. 21 1852.219-11 SPECIAL 8(A) CONTRACT CONDITIONS. (APR 2015) * Identified on task order.
(a) This contract is issued as a direct award between the contracting activity and the 8(a) contractor pursuant to a Partnership Agreement between the Small Business Administration (SBA) and the National Aeronautics and Space Administration. Accordingly, the SBA is not a signatory to this contract. SBA does retain responsibility for 8(a) certification, 8(a) eligibility
I-20 determinations and related issues, and providing counseling and assistance to the 8(a) contractor under the 8(a) program. The cognizant SBA district office is: * .
(b) The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract; provided, however, that the contracting activity shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting activity shall also coordinate with the SBA prior to processing any novation agreement. The contracting activity may assign contract administration functions to a contract administration office.
(c) The contractor agrees to notify the Contracting Officer, simultaneous with its notification to SBA (as required by SBA's 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with Section 407 of Public Law 100-656, transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership and control.
I. 22 1852.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A)
CONCERNS. (APR 2015) *Identified on task order.
(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer -
(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and
(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.
(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.
(c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.
(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.
I-21
(2) The __* _ will notify the __* _ Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.
I. 23 1852.225-71 RESTRICTION ON FUNDING ACTIVITY WITH CHINA (FEB
2012) (DEVIATION)
(a) Definition - "China" or "Chinese-owned company" means the People's Republic of China, any company owned by the People's Republic of China or any company incorporated under the laws of the People's Republic of China.
(b) Public Laws 112-10, Section 1340(a) and 112-55, Section 539, restrict NASA from contracting to participate, collaborate, coordinate bilaterally in any way with China or a Chinese-owned company using funds appropriated on or after April 25, 2011. Contracts for commercial and non developmental items are exempted from the prohibition because they constitute purchase of goods or services that would not involve participation, collaboration, or coordination between the parties.
(c) This contract may use restricted funding that was appropriated on or after April 25, 2011. The contractor shall not contract with China or Chinese-owned companies for any effort related to this contract except for acquisition of commercial and non-developmental items. If the contractor anticipates making an award to China or Chinese-owned companies, the contractor must contact the contracting officer to determine if funding on this contract can be used for that purpose.
(d) Subcontracts - The contractor shall include the substance of this clause in all subcontracts made hereunder.
SECTION J - LIST OF ATTACHMENTS
J. 1 List of Attachments
80AFRC25R0001
The following documents, exhibits, and attachments are attached hereto and made a pali of this requirement. The attachments can be found at the following link:
https://nasagov.box.com/s/qv0gom5ul2x0wxyqzh4c9qivgarqasdc
Attachment Title Date No. of Pages
J-01 WRMACC SOW 10/01/2024 5
J-02 Pool 1 No1ihern California (if applicable)
J-03 Pool 2 Southern California (if applicable)
J-04 DRD 01 Safety, Health, and Contract Award TBD Environmental Plan (SHEMP)
J-05 Contractor Perfo1mance Assessment NIA 4 Questionnaire (CPAQ)
(END OF SECTION)
J-1
See folder
See folder
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS OF OFFERORS OR RESPONDENTS
K-2
K. 3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (MAY 2024)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.
(2) The small business size standard is $45M.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) ☐ Paragraph (d) applies.
(ii) ☐ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–
(A) The acquisition is to be made under the simplified acquisition procedures in part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
K-3
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation.
This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-…
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