80ARC020Q0003P00001 - Combined Synopsis Solicitation 30APR2020.pdf

80ARC020Q0003P00001

I. GENERAL INSTRUCTIONS

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

80ARC020Q0003 is being issued as a Request for Quotations (RFQ) for a woven goods procurement for seven 80-inch wide single piece 3D woven thermal protection system (TPS) preforms for Mars Sample Return (MSR) as described in Attachment 1 - Statement of Work (SOW). The fabrication of the first article inspection sample and a first article inspection report are required no later than January 12, 2022 based on an anticipated award date of June 30, 2020.

Contract Line Items (CLINS)

CLIN Title Qty Unit of

Measure Amount Delivery Date

0001 Loom Engineering and Long Lead Item Procurements, in accordance with SOW paragraph 6.1.1

1 EACH Offeror fill-in Offer fill-in

0002 Blended Yarn Characterization Report in accordance with SOW paragraph 6.1.2

1 EACH Offeror fill-in Offer fill-in

0003 Loom Build, Draw-in and Debug in accordance with SOW paragraph 6.1.3

1 EACH Offeror fill-in Offer fill-in

0004 Fabrication of First Article Inspection Sample and First Article Inspection Report in accordance with SOW paragraph 6.1.4

1 EACH Offeror fill-in Offer fill-in

0005 Fabrication of 80-inch Wide x 80-inch Long Panels of 3D Weave in accordance with SOW 6.1.5

7 EACH Offeror fill-in Offer fill-in

The total firm fixed price proposed, for all CLINS, shall include all costs for the support to be provided, in accordance with Attachment 1 – SOW (for each SOW paragraph).

The provisions and clauses in the RFQ are those in effect through FAC 2020-04.

This procurement is a total small business set-aside. The assigned NAICS code is 541715 Research and Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and Biotechnology). The size standard for this NAICS code is 1,000 employees. The offeror shall state in its offer its size status for this procurement.

All responsible sources may submit an offer with its prices for the contract line items for all three scenarios as described in Section V. Instructions to Offerors – Commercial Items, Technical, paragraph

e. and supporting technical and past performance proposal which shall be considered by the agency.

Interested offerors must submit any questions concerning the RFQ at the earliest time possible to enable the Contracting Officer to respond. All contractual and technical questions must be in writing (e-mail) to Rosalinda R. De Leon, email: rosalinda.r.deleon@nasa.gov not later than 3:00 p.m Pacific Daylight Time (PDT) on April 27, 2020. Telephone questions will not be accepted.

Attachments listed in Section IV with “*” are for proposal use only. These attachments will only be made available to offerors by request through beta.sam.gov. These documents are available to U.S.

entities with a valid CAGE code only, by request through sam.beta.gov under 80ARC020Q0003. Any non-U.S. entities requesting access to this information shall email the Contracting Officer (email:

rosalinda.r.deleon@nasa.gov) and are subject to specific review and approval.

Delivery of CLIN 0005 to NASA AMES Research Center, Building 255, Mail Stop 255-10, Receiving Station, Moffett Field, CA 94035-0001 is required in accordance with the delivery requirements in the

SOW.

Delivery shall be FOB Destination.

Delivery of CLINS 0001 through 0004 are to be provided in accordance with Attachment 2 – ARC Data Requirements List.

Offers for the items(s) described above are due by 3:00 p.m. PDT on May 18, 2020 and are to be submitted by e-mail to Rosalinda R. De Leon, email: rosalinda.r.deleon@nasa.gov. Offers must include solicitation number, FOB destination to Ames Research Center, size standard, proposed prices for contract line items, proposed delivery schedule for each CLIN and for all three scenarios as described in Section V. Instructions to Offerors – Commercial Items, Technical, paragraph e.,Technical Proposal, Past Performance Proposal, information required for FAR 52.212-1, FAR 52-212-2, FAR 52.212-3 and addenda, discount/payment terms, warranty duration (if applicable), taxpayer identification number (TIN), and identification of any special commercial terms, and be signed by an authorized company representative. Offerors are encouraged to use the Standard Form 1449, Solicitation/Contract/Order for Commercial Items form found at URL: http://server-mpo.arc.nasa.gov/Services/NEFS/NEFSHome.tml

II. CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS

APPLICABLE COMMERCIAL ITEM CLAUSES

This order is for a commercial item subject to the terms and conditions of FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018), incorporated by reference; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive Orders, Commercial Items (Mar 2020) attached to this order; and any additional terms and conditions below or included as addenda to 52.212-4 are determined to be consistent with customary commercial practice.

FAR 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):

The FAR may be obtained via the Internet at URL: http://www.acquisition.gov/far/index.html The NFS may be obtained via the Internet at URL:

https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

mailto:rosalinda.r.deleon@nasa.gov http://server-mpo.arc.nasa.gov/Services/NEFS/NEFSHome.tml http://www.acquisition.gov/far/index.html

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS (DEC 2013)

52.247-34 F.O.B. DESTINATION (NOV 1991)

52.209-3 FIRST ARTICLE APPROVAL-CONTRACTOR TESTING (SEPT 1989)

(a) The Contractor shall test __1___ unit(s) of Lot/Item __0004___as specified in this contract.

At least _15_ calendar days before the beginning of first article tests, the Contractor shall notify the

Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests.

(b) The Contractor shall submit the first article test report by Jan 12, 2022 to the POC’s listed in Attachment 2 - ARC Data Requirements List marked “First Article Test Report: Contract No.

TBD, Lot/Item No. 0004 ” Within 15 calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c)If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph (b) of this subsection. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.

(f)If the Government does not act within the time specified in paragraph (b) or (c) of this subsection, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the

Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for

(1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(h) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/contractor may request a waiver.

(End of clause)

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

ISO9001/ AS9100 Standards

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in-

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require-

(i) Control of such things as design, work operations, in-process control, testing, and inspection; or

(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

(End of clause)

1852.211-70 PACKAGING, HANDLING, AND TRANSPORTATION (SEP 2005)

1852.203-71 REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(AUG 2014)

1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY (FEB 2002) ALTERNATE I (FEB

2006)

1852.237-73 RELEASE OF SENSITIVE INFORMATION (JUN 2005)

1852.245-72 LIABILITY FOR GOVERNMENT PROPERTY FURNISHED FOR REPAIR OR

OTHER SERVICES (JAN 2011)

1852.215-84 OMBUDSMAN (NOV 2011)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and contractors during the preaward and postaward phases of this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman is not to diminish the authority of the contracting officer, the Source Evaluation Board, or the selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes.

Therefore, before consulting with an ombudsman, interested parties must first address its concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution.

(b) If resolution cannot be made by the contracting officer, interested parties may contact the installation ombudsman, whose name, address, telephone number, facsimile number, and e-mail address may be found at: http://prod.nais.nasa.gov/pub/pub_library/Omb.html. Concerns, issues, disagreements, and recommendations which cannot be resolved at the installation may be referred to the Agency ombudsman identified at the above URL. Please do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer or as specified elsewhere in this document.

(End of clause)

1852.216-78 FIRM FIXED PRICE (DEC 1988)

The total firm fixed price of this contract is TBD.

ARC.1 PERIOD OF PERFORMANCE

The period of performance of this contract shall be from the effective date of award through TBD.

1852.225-70 EXPORT LICENSES (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the

International Traffic in Arms Regulations (ITAR), 22 CFR parts 120-130, and the Export Administration Regulations (EAR), 15 CFR parts 730-799, 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 NASA Ames Research Center 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.

1852.246-72 MATERIAL INSPECTION AND RECEIVING REPORT (APR 2015)

(a) At the time of each delivery to the Government under this contract, the Contractor shall prepare and furnish a Material Inspection and Receiving Report (DD Form 250 series). The forms shall be prepared and distributed as follows: as indicated in Attachment 2 – ARC Data Requirements List.

(b) The Contractor shall prepare the DD Form 250 in accordance with NASA FAR Supplement 1846.6.

The Contractor shall enclose the copies of the DD Form 250 in the package or seal them in a waterproof envelope, which shall be securely attached to the exterior of the package in the most protected location.

(c) When more than one package is involved in a shipment, the Contractor shall list on the DD Form 250, as additional information, the quantity of packages and the package numbers. The Contractor shall forward the DD Form 250 with the lowest numbered package of the shipment and print the words "CONTAINS DD FORM 250" on the package.

1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (MAR 1989)

(a) Of the total price of CLINs 0001 through 00005, the sum of TBD is presently available for payment and allotted to this contract. It is anticipated that from time to time additional funds will be allocated to the contract in accordance with the following schedule, until the total price of said items is allotted:

SCHEDULE FOR ALLOTMENT OF FUNDS

Date Amounts PR / Mod

TBD TBD TBD

(b) The Contractor agrees to perform or have performed work on the items specified in paragraph (a) of this clause up to the point at which, if this contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause would, in the exercise of reasonable judgment by the Contractor, approximate the total amount at the time allotted to the contract. The Contractor is not obligated to continue performance of the work beyond that point. The Government is not obligated in any event to pay or reimburse the Contractor more than the amount from time to time allotted to the contract, anything to the contrary in the Termination for Convenience of the Government clause notwithstanding.

(c)(1) It is contemplated that funds presently allotted to this contract will cover the work to be performed until TBD.

(2) If funds allotted are considered by the Contractor to be inadequate to cover the work to be performed until that date, or an agreed date substituted for it, the Contractor shall notify the Contracting Officer in writing when within the next 60 days the work will reach a point at which, if the contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause will approximate 75 percent of the total amount then allotted to the contract.

(3)(i) The notice shall state the estimate when the point referred to in paragraph (c)(2) of this clause will be reached and the estimated amount of additional funds required to continue performance to the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it.

(ii) The Contractor shall, 60 days in advance of the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it, advise the Contracting Officer in writing as to the estimated amount of additional funds required for the timely performance of the contract for a further period as may be specified in the contract or otherwise agreed to by the parties.

(4) If, after the notification referred to in paragraph (c)(3)(ii) of this clause, additional funds are not allotted by the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it, the Contracting Officer shall, upon the Contractor’s written request, terminate this contract on that date or on the date set forth in the request, whichever is later, pursuant to the Termination for Convenience of the Government clause.

(d) When additional funds are allotted from time to time for continued performance of the work under this contract, the parties shall agree on the applicable period of contract performance to be covered by these funds. The provisions of paragraphs (b) and (c) of this clause shall apply to these additional allotted funds and the substituted date pertaining to them, and the contract shall be modified accordingly.

(e) If, solely by reason of the Government’s failure to allot additional funds in amounts sufficient for the timely performance of this contract, the Contractor incurs additional costs or is delayed in the performance of the work under this contract, and if additional funds are allotted, an equitable adjustment shall be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the items to be delivered, or in the time of delivery, or both.

(f) The Government may at any time before termination, and, with the consent of the Contractor, after notice of termination, allot additional funds for this contract.

(g) The provisions of this clause with respect to termination shall in no way be deemed to limit the rights of the Government under the default clause of this contract. The provisions of this Limitation of Funds clause are limited to the work on and allotment of funds for the items set forth in paragraph (a) of this clause. This clause shall become inoperative upon the allotment of funds for the total price of said work except for rights and obligations then existing under this clause.

(h) Nothing in this clause shall affect the right of the Government to terminate this contract pursuant to the

Termination for Convenience of the Government clause of this contract.

III. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES AND

EXECUTIVE ORDERS

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAR 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and

108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_ x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_ x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

_ x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15

U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] _x_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020).

__ (iii) Alternate II (Nov 2011).

_ _ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Mar 2020) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar

2020) (15 U.S.C. 657f).

_ x_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (15

U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C.

637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

(26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

_ x_ (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).

_ x_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

(E.O.13126).

_ x_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_ x_ (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_ x_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

_ x_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

_ x_ (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_ x_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

_ x_ (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

_ x_ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_ x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug

2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

_ x_ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_ x_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C.4505, 10 U.S.C.2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10

U.S.C.2307(f)).

_ x_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct

2018) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C.3332).

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42

U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(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 subpart 4.7, Contractor Records Retention, of the 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 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.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O

13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78and E.O 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

IV. CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Attachmen t No.

Attachment Date of Attachment

Number of Pages

1 Statement of Work for 3D Woven Thermal Protection System (TPS) products in support of the Mars Sample Return (MSR) Earth Entry Vehicle (EEV) mission.*

April 7, 2020 22

2 ARC Data Requirements List April 7, 2020 12 3 List of Government Furnished Property April 7, 2020 1 4 Technical Document Library* April 8, 2020 1

*Documents are only available by request through beta.sam.gov or to the Contracting Officer in accordance with Section I. General Instructions above.

V. INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

Offerors shall provide the information required by FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (OCT 2018), which is incorporated by reference.

ADDENDA TO FAR 52.212-1 ARE AS FOLLOWS:

Along with the required information outlined in FAR 52.212-1(b), Submission of offers, the offeror shall provide a Technical, Past Performance and Price proposal addressing the following information:

TECHNICAL– The Technical proposal shall be presented in the form of a written proposal, that may include pictures, not to exceed 20 single spaced pages and shall prepare a response to the technical evaluation factor that discusses the offeror’s approach to meeting the requirements in the SOW and specifically address the following:

a. Identify any long lead item procurements that are likely fixed and independent of the detailed design such that procurement of them could be in parallel with completion of the detailed design and be ordered prior to completion of CLIN 0001.

b. Identify if the NASA provided quantity (4,000 kg) of yarn is sufficient or what the total amount of yarn required is, if different.

c. Describe the proposed loom and weave diagnostics, specifically addressing how those diagnostics will be used to confirm the weave and weave process parameters outlined in SOW paragraph 6.1.1

d. Provide a preliminary loom design and implementation plan as part of its proposal. The implementation plan must identify a preliminary list of risks and proposed risk mitigations.

e. The delivery date for the First Article End Item Data Package is Jan 12, 2022. However, NASA is interested in the cost and risk to accelerate the delivery to as early as September 15, 2021. In addition, NASA recognizes that there is a balance of cost, schedule and risk to any project and NASA desires the offeror to use their judgement to propose a delivery date that reflects their recommended balance of cost, technical risk and schedule. The offeror shall describe the plans to meet each of the following First Article delivery dates, showing delivery dates and price for all CLINs in scenarios 1. through 3.

assuming an anticipated award date of June 30, 2020 and NASA acceptance of the First Article as stated in the SOW:

1. Jan 12, 2022

2. Sept 15, 2021

3. Offeror-selected date based on its recommended balance of cost, technical risk, and schedule.

f. Throughout the technical approach proposal, the offeror shall describe significant risk aspects to the successful achievement of the technical requirements within the framework of each proposed delivery schedule, and describe mitigation approaches to minimize and manage the likelihood and impact(s) of those risks.

g. Describe in detail the overall cost, cost phasing, long lead schedules, yarn need date, labor shift schedules, and technical risk for each First Article delivery date.

PAST PERFORMANCE - Past performance information must be separate from the technical proposal. There is a 5 page limitation for the past performance proposal.

a. Each offeror shall describe up to three (3) relevant government or industrial contracts that its company has completed within the past three (3) years, or is currently performing, that are similar in scope, content and complexity to this requirement. Offerors shall provide a project narrative and reference information that addresses each of the bullets below.

▪ Contract Description

▪ Customer Points of Contact, Phone, Address, Email

▪ Statement of the relevancy of the contract to this SOW

▪ The contractor shall describe, in detail, its past experience with loom design, build, and operations for looms of the class being proposed. This description must detail prior experience based on woven product width, thickness, weave architecture, and production rate in addition to loom parameters such as Jacquard head quantity and type, rapier design, shed parameters, and other loom parameters of note. Past experience with implementation timeline for looms similar to the type being proposed shall be described.

▪ Identification and explanation of any completion delays, performance problems, cost overruns and terminations, received within the last three (3) years, on projects relevant to this SOW.

PRICE – Each offeror shall provide the amount on the CLIN schedule for each Contract Line Item for each delivery scenario as described in Section V. Instructions to Offerors – Commercial Items, Technical, paragraph e.

Proposal Page Limitations

a. The following page limitations are established for each portion of the proposal submitted in response to this solicitation. Technical Proposal – 20 pages and Past Performance – 5 pages.

b. A page is defined as one side of a sheet, 8 1/2" x 11", with at least one inch margins on all sides, using not smaller than 12 point type. Times New Roman font shall be used.

Diagrams, charts, tables, photographs, headers and footers shall contain Times New Roman font text in a size no smaller than 10-point and are included in stated page count limitations.

c. Title pages, cover pages, tables of contents, glossary, section breakers, list of figures, and acronym list are excluded from the page counts specified in paragraph (a) of this provision.

Tables and graphics will be included in the page count.

d. Pages submitted in excess of the limitations specified in this provision will not be evaluated by the Government.

VI. EVALUATION - COMMERCIAL ITEMS

FAR 52.212-2 EVALUATION –COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be the most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1: Technical Approach

Factor 2: Past Performance

Factor 3: Price

The order of importance is as follows, with Technical Approach being the most important:

1 – Technical Approach

2 – Past Performance

3 – Price

An award will be made to the offeror whose quotation represents the best value to the Government when the above listed evaluation factors are considered.

(b) The Government will evaluate offers for award purposes by adding the total price for all CLINs. The Government may determine that an offer is unacceptable if the prices are significantly unbalanced.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

ADDENDA TO FAR 52.212-2 ARE AS FOLLOWS:

1. This RFQ will use FAR Part 12 – Acquisition of Commercial Items and FAR Part 13 – Simplified Acquisition Procedures under the authority of FAR 13.5.

2. The Government will evaluate the following factors to determine the best value:

FACTOR 1- TECHNICAL APPROACH.

a. The Government will evaluate the extent to which the offeror’s proposed technical approach meets the technical requirements of this RFQ and the attached SOW.

b. The Government will evaluate the extent to which offeror’s proposed schedule for delivery of First Article Inspection Sample and First Article Inspection Report meets the requirements in accordance with SOW paragraph 6.1.4 for delivery on or before:

1. Jan 12, 2022

2. Sept 15, 2021

3. Offeror-selected date based on its recommended balance of cost, technical risk, and schedule

The evaluation of the Technical Approach will consider whether each proposed approach in scenarios 1 through 3 in paragraph b. above meets or exceeds the requirements as described in the SOW, meets or offers delivery earlier than the required first article approval of Jan 12, 2022 based on an anticipated award date of June 30, 2020, and risks identified in the proposal.

Technical Rating Method

Adjectival Rating

Description

Excellent A comprehensive and thorough technical approach which demonstrates the offeror can meet requirements of the SOW with either enhanced capabilities or delivery dates substantially earlier than the required schedule for delivery, identifies any additional risks that are introduced due to the enhanced capabilities or accelerated delivery date and describes plans to adequately mitigate those risks down to a moderate level or less.

Acceptable A comprehensive and thorough technical approach, including identification and description of risks and risk mitigation steps to adequately mitigate the risks down to a low level or less, which demonstrates the offeror can meet requirements of the SOW and approximately meets the required schedule for delivery.

Unacceptable The technical approach does not demonstrate the offeror can meet the requirements of the SOW, or meets the SOW requirements but with a high risk posture, or does not meet the required schedule for delivery. Failing to meet any one of the three requirements results in unacceptable rating.

FACTOR 2 – PAST PERFORMANCE AND RELATED EXPERIENCE.

a. The Government will evaluate each Offeror’s past performance to determine recency, relevancy, and the quality of performance on past contracts. The Government will consider information available in Contractor Performance Assessment Reporting System (CPARS), using all CAGE codes/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror’s proposal when evaluating past performance along with the information provided by the offeror and any additional information available to the Government. In addition, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to past performance information retrieved through the Federal Awardee Performance and Integrity Information System (FAPIIS), and any other known sources not provided by the Offeror.

Past Performance Excellent/Acceptable/Unacceptable/Unknown Rating Method

Adjectival Rating Description Excellent Based on the offeror’s performance record, the

Government has a reasonable expectation that the offeror will successfully perform the required effort. The offeror will have demonstrated past relevant experience to the content of the SOW, producing similar product in a similar timeframe.

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Unacceptable Based on the offeror’s performance record, the

Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Unknown The offeror does not have a record of relevant past performance, or meaningful information on past performance is sparse or not available.

NOTE: An offeror with Unknown past performance will not be evaluated favorably or unfavorably on past performance.

FACTOR 3 – PRICE.

The Government will evaluate the total proposed price in each delivery scenario in order to determine price reasonableness. The offeror’s price proposal will be evaluated using techniques described at FAR 13.106-3(a) to determine which proposal offers the best value to the Government at a price that is fair and reasonable.

VII. SOLICITATION PROVISIONS/REPRESENTATIONS AND CERTIFICATIONS

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

The FAR may be obtained via the Internet at URL: http://www.acquisition.gov/far/index.html The NFS may be obtained via the Internet at URL:

https://www.hq.nasa.gov/office/procureme…