80ARC021R0001 ATOM-5 Final RFP.pdf

80ARC021R0001 – Aerospace Testing and Facilities Operations and Maintenance (ATOM-5)

SECTION B — SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SUPPLIES AND/OR SERVICES TO BE PROVIDED

(a) This is a single sward hybrid contract with Firm Fixed Price (FFP) Contract Line Items (CLINs) for Phase-In and Core Contract Management and Administration (CM&A);

Cost-Plus-Fixed-Fee (CPFF) CLINs for Core Technical: General Services, Testing Services; a Cost (No Fee) CLIN for Training, Certifications, and Travel; and Indefinite Delivery/Indefinite Quantity (IDIQ) CLINs for under which FFP or CPFF task orders will be executed.

This contract is for Aerospace Testing and Facilities Operations and Maintenance (ATOM-5). The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to perform and/or deliver the requirements and items in accordance with the Specifications/Performance Work Statement (PWS) in Section C.

CLIN No. Description Contract Type PWS Section QTY Unit

0001 90 Day PHASE-IN as set forth in Section F.2 FFP 5.0 1 Job

BASE PERIOD – ATOM-5

Core Contract Management and Administration (CM&A) as set forth in Section F.2

FFP 3.2 1 Job

Core Technical: General Services, Testing Services as set forth in Section F.2

CPFF 3.1 (except 3.1.7) and 3.3 1 Job

Training, Certifications, and Travel (TC&T) (in support of Core Technical Requirements) as set forth in Section F.2

Cost (no fee) 3.1.7 1 Job

Indefinite Delivery/Indefinite Quantity (IDIQ) - Task orders to be issued in accordance with the respective ordering period and requirements as set forth in Section F.2

CPFF 4.0 TBD

Based on

Task Order

Indefinite Delivery/Indefinite Quantity (IDIQ) - Task orders to be issued in accordance with the respective ordering period and requirements as set forth in Section F.2

FFP 4.0 TBD

Based on

Task Order

(b) OPTION PERIODS - If Option Periods are exercised pursuant to Clause 52.217-9, “Option to Extend the Term of the Contract,” the Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to furnish the items below in accordance with the Description/Specifications/ Performance Work Statement in Section C and as identified under individual Core CLINs and the IDIQ task orders.

Item No. Description Contract Type PWS QTY Unit

OPTION PERIOD 1 – ATOM-5

Core Contract Management and Administration (CM&A) as set forth in Section F.2

FFP 3.2 1 Job

Core Technical: General Services, Testing Services as set forth in Section F.2

(TC&T) (in support of Core Technical Requirements) as set forth in Section F.2

OPTION PERIOD 2 – ATOM-5

Core Contract Management and Administration (CM&A) as set forth in Section F.2

FFP 3.2 1 Job

Core Technical: General Services, Testing Services as set forth in Section F.2

(TC&T) (in support of Core Technical Requirements) as set forth in Section F.2

Cost (no fee) 3.1.7 1 Job

OPTION PERIOD 3 – ATOM-5

Core Contract Management and Administration (CM&A) as set forth in Section F.2

FFP 3.2 1 Job

Core Technical: General Services, Testing Services as set forth in Section F.2

CPFF 3.1 (except 3.1.7) and 3.3 1 Job

Training, Certifications, and Travel (TC&T) (in support of Core Technical Requirements) as set forth in Section F.2

(c) The minimum ordering quantity/value under IDIQ CLINs 0005 and 0006, combined, is

$100,000. The minimum order quantity/value is shared between CLINs 0005 and 0006.

There will be no further obligation on the part of the Government to issue any task orders beyond the minimum ordering quantity. At the sole discretion of the Government, the minimum ordering quantity of the IDIQ portion of the contract may be met through obligations under CLIN 0003 and/or issuance of task orders under CLINs 0005 or 0006.

The total maximum ordering quantity/value of IDIQ CLINs 0005 and 0006, combined, is $209,000,000. The maximum ordering quantity/value is shared between IDIQ CLINs 0005 and 0006, which enables the Government, at its sole discretion, to issue any combination of task orders under CLINs 0005 and 0006 up to the maximum IDIQ ordering quantity/value.

(End of clause)

B.2 1852.216-74 ESTIMATED COST AND FIXED FEE (DEC 1991)

The estimated cost and fixed fee of this contract for the Core Technical: General Services, Testing Services is stated in the table below. These costs will be cost-plus-fixed-fee completion in accordance with FAR 16.306(d)(1).

Core Technical: General Services and Testing Services

Core Technical Requirements

Contract Value Summary

Base Period

CLIN 0003

Option Period 1

CLIN 0008

Option Period 2

CLIN 0011

Option Period 3

CLIN 0014

Estimated Cost $To be proposed

(TBP) $TBP $TBP $TBP

Fixed Fee $TBP $TBP $TBP $TBP Total Core Technical

Requirements (Cost and Fixed

$TBP $TBP $TBP $TBP

SECTION C — DESCRIPTION/ SPECIFICATIONS/ STATEMENT OF WORK

C.1 SPECIFICATION/ PERFORMANCE WORK STATEMENT

The contractor shall perform and complete all requirements stated in the Performance Work Statement (PWS), entitled “Aerospace Testing and Facilities Operations and Maintenance (ATOM-5),” which is incorporated in Section J.1.a.1. The Contractor shall furnish all personnel, services, materials, and facilities necessary for and incidental to, completion of all requirements stated in the PWS.

(End of text)

[END OF SECTION C]

SECTION D — PACKAGING AND MARKING

D.1 CLAUSES INCORPORATED BY REFERENCE — SECTION D

D.2 NFS 1852.245-74 IDENTIFICATION AND MARKING OF GOVERNMENT

EQUIPMENT (JAN 2011)

(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:

NASA AMES RESEARCH CENTER

M/S 255-23

MOFFETT FIELD, CA 94035-0001

CLAUSE NO. TITLE DATE

1852.211-70 PACKAGING, HANDLING, AND TRANSPORTATION SEP 2005

ATTN: <<POC TBD>>

(f) The contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that require delivery of equipment.

[END OF SECTION D]

SECTION E — INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE — SECTION E

CLAUSE

NO.

TITLE DATE

52.246-2 INSPECTION OF SUPPLIES – FIXED PRICE AUG 1996

52.246-3 INSPECTION OF SUPPLIES – COST REIMBURSEMENT MAY 2001

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE AUG 1996

52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT APR 1984

52.246-12* INSPECTION OF CONSTRUCTION AUG 1996

52.246-13* INSPECTION – DISMANTLING, DEMOLITION, Or

REMOVAL OF IMPROVEMENTS

AUG 1996

52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984

*Applicable only to PWS Section 4.3, Construction

E.2 FAR 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC

2014)

(a) The Contractor shall comply with the higher-level quality standard(s) listed in Section 3.0 of PWS, Section J.1.a.1 and as provided with task orders, as applicable.

(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.

E.3 NFS 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: One electronic copy submitted to the designated Contracting Officer’s Representative (COR) (name TBD after award), alternate COR (name TBD after award), and to the Contracting Officer (name TBD after award).

(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.

[END OF SECTION E]

SECTION F — DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE — SECTION F

CLAUSE NO. TITLE DATE

52.211-10* COMMENCEMENT, PROSECUTION, AND

COMPLETION OF WORK

APR 1984

52.211-12* LIQUIDATED DAMAGES - CONSTRUCTION SEP 2000

52.211-13* TIME EXTENSIONS SEP 2000

52.236-15* SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.242-14* SUSPENSION OF WORK APR 1984

52.242-15 STOP-WORK ORDER (AUG 1989) ALTERNATE I APR 1984

52.242-17* GOVERNMENT DELAY OF WORK APR 1984

52.247-34 F.O.B. DESTINATION JAN 1991

F.2 PERIOD OF PERFORMANCE

The performance for this contract is set forth below.

(a) PHASE-IN (CLIN 0001)

The performance of the Phase-in shall be ninety (90) days from the effective date of the contract.

(b) BASE PERIOD (CLINs 0002, 0003, and 0004)

The performance of the Base Period shall be for twenty-four (24) months from the end of the Phase-in.

(c) OPTION PERIOD 1 (CLINs 0007, 0008, and 0009) If exercised, the period of performance of Option Period 1 shall be twelve (12) months from the end of the Base Period.

(d) OPTION PERIOD 2 (CLINs 0010, 0011, and 0012) If exercised, the period of performance of Option Period 2 shall be twelve (12) months from the end of the Option Period 1.

(e) OPTION PERIOD 3 (CLINs 0013, 0014, and 0015) If exercised, the period of performance of Option Period 3 shall be twelve (12) months from the end of the Option Period 2.

(f) IDIQ CLINs 0005 and 0006 will be initiated at award and performance will commence based on task order awards. The ordering period for the IDIQ component of the contract will be 5 years from the end of phase-in. Each individual task order will include its own period of performance.

F.3 DELIVERY SCHEDULE

(a) The Contractor shall deliver the supplies and services as required by this contract and individual task orders.

(b) Unless specified otherwise, all items shall be delivered to:

NASA Ames Research Center Contract “Number provided at award” Moffett Field, CA 94035-1000 Attn: COR <<Name provided at award>>, Mail Stop <<Provided at Award>>

F.4 DELIVERY OF REPORTS

Unless otherwise specified, all reports shall be addressed to the recipients listed in Section J, paragraph J.1.a.3, “Contract Data Requirements List." Reports specific to task orders will be specified in the individual task order

F.5 PLACE OF PERFORMANCE - SERVICES

The Contractor shall perform the work under this contract at NASA Ames Research Center, Moffett Field, CA 94035-0001 and at other locations as directed in writing by the Contracting Officer.

[END OF SECTION F]

SECTION G — CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE — SECTION G

1852.216-75 PAYMENT OF FIXED FEE DEC 1988

1852.277-70 NEW TECHNOLOGY – OTHER THAN A SMALL

BUSINESS FIRM OR NONPROFIT ORGANIZATION

APR 2015

1852.227-72 DESIGNATION OF NEW TECHNOLOGY

REPRESENTATIVE AND PATENT REPRESENTATIVE

APR 2015

1852.227-86 COMMERCIAL COMPUTER SOFTWARE LICENSE APR 2015

1852.242-71 TRAVEL OUTSIDE OF THE UNITED STATES DEC 1988

1852.242-73 NASA CONTRACTOR FINANCIAL MANAGEMENT

REPORTING

NOV 2004

1852.245-70 CONTRACTOR REQUESTS FOR GOVERNMENT-

FURNISHED PROPERTY (AUG 2015) ALTERNATE I

AUG 2015

1852.245-75 PROPERTY MANAGEMENT CHANGES JAN 2011

1852.245-78 PHYSICAL INVENTORY OF CAPITAL PERSONAL

PROPERTY

AUG 2015

1852.245-79 RECORDS AND DISPOSITION REPORTS FOR

GOVERNMENT PROPERTY WITH POTENTIAL

HISTORIC OR SIGNIFICANT REAL VALUE

JAN 2011

G.2 NFS 1852.232-80 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT

(APR 2018)

(a) The designated payment office is the NASA Shared Services Center (NSSC) located at FMD Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

(b) Except for classified vouchers, the Contractor shall submit all vouchers and invoices using the steps described at NSSC’s Vendor Payment information web site at:

https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at 1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.

(c) Payment requests.

(1) The payment periods are stipulated in the payment clause(s) contained in this

(2) Vouchers submitted under cost type contracts and invoices submitted under fixed-price contracts shall include the items delineated in FAR 32.905(b) supported by relevant back- up documentation. Back-up documentation shall include at a minimum, the following information:

(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 NFS 1852.245-71 INSTALLATION—ACCOUNTABLE GOVERNMENT

PROPERTY (JUN 2018)

(a) The Government property described in paragraph (c) of this clause may be made available to the Contractor on a no-charge basis for use in performance of this contract.

This property shall be utilized only within the physical confines of the NASA installation that provided the property unless authorized by the Contracting Officer under (b)(1)(iv).

Under this clause, the Government retains accountability for, and title to, the property, and the Contractor shall comply with the following:

• NASA Procedural Requirements (NPR) 4100.1, NASA Materials Inventory Management Manual;

• NASA Procedural Requirements (NPR) 4200.1, NASA Equipment Management

Procedural Requirements;

• NASA Procedural Requirement (NPR) 4300.1, NASA Personal Property Disposal Procedural Requirements;

• NASA Procedural Requirement (NPR) 6000.1, Transportation Management

• Ames Procedural Directive (APD) 4200.2, Equipment Management

• Ames Procedural Directive (APD) 4530.1, Item Shipment Policies and Procedures

• Property not recorded in NASA property systems must be managed in accordance with the requirements of the clause at FAR 52.245-1, as incorporated in this contract

The Contractor shall establish and adhere to a system of written procedures to assure continued, effective management control and compliance with these user responsibilities.

In accordance with FAR 52.245-1(h)(1) the contractor shall be liable for property lost, damaged, destroyed or stolen by the contractor or their employees when determined responsible by a NASA Property Survey Board, in accordance with the NASA guidance in this clause.

(b)

(1) The official accountable recordkeeping, financial control, and reporting of the property subject to this clause shall be retained by the Government and accomplished within NASA management information systems prescribed by the installation Supply and Equipment Management Officer (SEMO) and Financial Management Officer. If this contract provides for the Contractor to acquire property, title to which will vest in the Government, the following additional procedures apply:

(i) The Contractor’s purchase order shall require the vendor to deliver the property to the installation central receiving area.

(ii) The Contractor shall furnish a copy of each purchase order, prior to delivery by the vendor, to the installation central receiving area.

(iii) The Contractor shall establish a record for Government titled property as required by FAR 52.245-1, as incorporated in this contract, and shall maintain that record until accountability is accepted by the Government.

(iv) Contractor use of Government property at an off-site location and off-site subcontractor use requires advance approval of the Contracting Officer and notification of the Industrial Property Officer. The property shall be considered Government furnished and the Contractor shall assume accountability and financial reporting responsibility. The Contractor shall establish records and property control procedures and maintain the property in accordance with the requirements of FAR 52.245-1, Government Property (as incorporated in this contract), until its return to the installation. NASA Procedural Requirements related to property loans shall not apply to offsite use of property by contractors.

(2) After transfer of accountability to the Government, the Contractor shall continue to maintain such internal records as are necessary to execute the user responsibilities identified in paragraph (a) of this clause and document the acquisition, billing, and disposition of the property. These records and supporting documentation shall be made available, upon request, to the SEMO, IPO, PA and any other authorized representatives of the Contracting Officer.

(c) The following property and services are provided if checked:

(1) Office space, work area space, and utilities. Government telephones are available for official purposes only.

(2) Office furniture.

(3) Property listed in Section J.1.a.4

(i) If the Contractor acquires property, title to which vests in the Government pursuant to other provisions of this contract, this property also shall become accountable to the Government upon its entry into Government records.

(ii) The Contractor shall not bring to the installation for use under this contract any property owned or leased by the Contractor, or other property that the Contractor is accountable for under any other Government contract, without the Contracting Officer’s prior written approval.

(4) Supplies from stores stock.

(5) Publications and blank forms stocked by the installation.

(6) Safety and fire protection for Contractor personnel and facilities. First aid provided by ARC Health Unit for Contractor personnel injuries or illnesses sustained during on-site duty.

(7) Installation service facilities: Unitary Plan Wind Tunnels (UPTW), Arc Jet Complex, Hypervelocity Free-Flight Facility (HFFF); Ames Vertical Gun Range, Electric Shock Tube, and other center facilities for performance of the requirements identified in the PWS.

(8) Cafeteria and fitness Center privileges for Contractor employees during normal operating hours.

(9) Building maintenance for facilities occupied by Contractor personnel.

(10) Moving and hauling for office moves, movement of large equipment, and delivery of supplies. Moving services may be provided on-site, as approved by the Contracting Officer.

(11) The contractor will be authorized to use Government Vehicles.

G.4 NFS 1852.245-73 FINANCIAL REPORTING OF NASA PROPERTY IN THE

CUSTODY OF CONTRACTORS (JAN 2017)

(a) The Contractor shall submit annually a NASA Form (NF) 1018, NASA Property in the Custody of Contractors, in accordance with this clause, the instructions on the form and NFS subpart 1845.71, and any supplemental instructions for the current reporting period issued by NASA.

(b)

(1) Subcontractor use of NF 1018 is not required by this clause; however, the Contractor shall include data on property in the possession of subcontractors in the annual NF 1018.

(2) The Contractor shall mail the original signed NF 1018 directly to the cognizant NASA Center Industrial Property Officer and a copy to the cognizant NASA Center Deputy Chief Financial Officer, Finance, unless the Contractor uses the NF 1018 Electronic Submission System (NESS) for report preparation and submission.

(3) One copy shall be submitted (through the Department of Defense (DOD) Property

Administrator if contract administration has been delegated to DOD) to the following address: [Insert name and address of appropriate NASA Center office.], unless the Contractor uses the NF 1018 Electronic Submission System (NESS) for report preparation and submission.

(c)

(1) The annual reporting period shall be from October 1 of each year through September 30 of the following year. The report shall be submitted in time to be received by October 31st. The information contained in these reports is entered into the NASA accounting system to reflect current asset values for agency financial statement purposes. Therefore, it is essential that required reports be received no later than October 31st.

(2) Some activity may be estimated for the month in which the report is submitted, if necessary, to ensure the NF 1018 is received when due. However, contractors’ procedures must document the process for developing these estimates based on planned activity such as planned purchases or NASA Form 533 (NF 533) Contractor Financial Management Report) cost estimates. It should be supported and documented by historical experience or other corroborating evidence, and be retained in accordance with FAR Subpart 4.7, Contractor Records Retention.

Contractors shall validate the reasonableness of the estimates and associated methodology by comparing them to the actual activity once that data is available, and adjust them accordingly. In addition, differences between the estimated cost and actual cost must be adjusted during the next reporting period. Contractors shall have formal policies and procedures, which address the validation of NF 1018 data, including data from subcontractors, and the identification and timely reporting of errors. The objective of this validation is to ensure that information reported is accurate and in compliance with the NASA FAR Supplement. If errors are discovered on NF 1018 after submission, the contractor shall contact the cognizant NASA Center Industrial Property Officer (IPO) within 30 days after discovery of the error to discuss corrective action.

(3) In addition to an annual report, if at any time during performance of the contract, NASA- owned property in the custody of the Contractor has a value of $10 million or more, the Contractor shall also submit a report no later than the 21st of each month in accordance with the requirements of paragraph (c)(2) of this clause.

(4) The Contracting Officer may, in NASA’s interest, withhold payment until a reserve not exceeding $25,000 or 5 percent of the amount of the contract, whichever is less, has been set aside, if the Contractor fails to submit annual NF 1018 reports in accordance with NFS subpart 1845.71, any monthly report in accordance with (c)(3) of this clause, and any supplemental instructions for the current reporting period issued by NASA. Such reserve shall be withheld until the Contracting Officer has determined that NASA has received the required reports.

The withholding of any amount or the subsequent payment thereof shall not be construed as a waiver of any Government right.

(d) A final report shall be submitted within 30 days after disposition of all property subject to reporting when the contract performance period is complete in accordance with paragraph (b)(1) through (3) of this clause.

G.5 NFS 1852.245-76 LIST OF GOVERNMENT PROPERTY FURNISHED

PURSUANT TO FAR 52.245-1 (JAN 2011)

For performance of work under this contract, the Government will make available Government property identified below or in Section J.1.a.4 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 NASA Ames

Research Center 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.6 NFS 1852.245-77 LIST OF GOVERNMENT PROPERTY FURNISHED

PURSUANT TO FAR 52.245-2 (JAN 2011)

For performance of work under this contract, the Government will make available Government property identified in Section J.1.a.4 of this contract on a no charge-for-use basis pursuant to FAR 52.245-2, Government Property Installation Operation Services, as incorporated in this contract. The Contractor shall use this property in the performance of this contract at NASA Ames Research Center and at other location(s) as may be approved by the Contracting Officer.

G.7 NFS 1852.245-82 OCCUPANCY MANAGEMENT REQUIREMENTS (SEP 2017)

(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) NPR 8831.2, Facilities Maintenance and Operations Management.

(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.8 NFS 1852.245-83 REAL PROPERTY MANAGEMENT REQUIREMENTS (JAN

2011)

(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 Estate Management.

(2) NPR 8831.2, Facilities Maintenance and Operations Management.

(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.

[END OF SECTION G]

SECTION H — SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES INCORPORATED BY REFERENCE — SECTION H

1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP

REPORTING

DEC 2015

1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY FEB 2002

1852.223-76 FEDERAL AUTOMOTIVE STATISTICAL TOOL

REPORTING

JUL 2003

1852.242-72 DENIED ACCESS TO NASA FACILITIES OCT 2015

1852.243-72* EQUITABLE ADJUSTMENTS APR 1998

1852.244-70 GEOGRAPHIC PARTICIPATION IN THE AEROSPACE

PROGRAM

APR 1985

H.2 RESERVED

H.3 NFS 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.

H.4 NFS 1852.232-77 LIMITATION OF FUNDS (FIXED PRICE CONTRACT) (MAR

1989)

(a) Of the total price of items 0001, 0002, 0007, 0010 and 0013, 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 (PHASE-IN)

CLIN DATE AMOUNT

0001 TBD $TBD

SCHEDULE FOR ALLOTMENT OF FUNDS (BASE PERIOD)

0002 TBD $TBD

SCHEDULE FOR ALLOTMENT OF FUNDS (OPTION PERIOD 1 – if exercised)

0007 TBD $TBD

SCHEDULE FOR ALLOTMENT OF FUNDS (OPTION PERIOD 2 – if

0010 TBD $TBD

SCHEDULE FOR ALLOTMENT OF FUNDS (OPTION PERIOD 3 – if

0013 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.

H.5 NFS 1852.235-71 KEY PERSONNEL AND FACILITIES (MAR 1989)

(a) The personnel and/or facilities listed below (or specified in the contract Schedule) are considered essential to the work being performed under this contract. Before removing, replacing, or diverting any of the listed or specified personnel or facilities, the Contractor shall—

(1) Notify the Contracting Officer reasonably in advance; and

(2) Submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.

(b) The Contractor shall make no diversion without the Contracting Officer's written consent;

provided, that the Contracting Officer may ratify in writing the proposed change, and that ratification shall constitute the Contracting Officer's consent required by this clause.

(c) The list of personnel and/or facilities (shown below or as specified in the contract Schedule) may, with the consent of the contracting parties, be amended from time to time during the course of the contract to add or delete personnel and/or facilities.

Key Personnel Key Position

TBP TBP

H.6 ARC 52.209-99 DISCLOSURE OF ORGANIZATION CONFLICT OF INTEREST

AFTER CONTRACT AWARD (MAY 2020)

(a) If the Contractor identifies an actual or potential Organizational Conflict of Interest (OCI) that has not already been adequately disclosed and resolved, the Contractor shall make a prompt and full disclosure in writing to the Contracting Officer. This disclosure shall include a complete description of the conflict and the action the Contractor has taken or proposes to take in order to resolve the conflict. This reporting requirement also includes Subcontractors’ actual or potential OCIs not adequately disclosed and resolved prior to award.

(b) If there is an OCI Avoidance/Mitigation Plan in the contract, the Contractor shall periodically update the plan, based on, but not limited to, changes to the legal entity, the overall structure of the organization, Subcontractor arrangements, Contractor management, ownership, ownership relationships, or modification of the work scope, in accordance with CDRL – 13 – Organization Conflicts of Interest Avoidance/Mitigation Plan. The Contracting Officer may require that the Contractor submit an additional OCI Avoidance/Mitigation Plan or a modification to the existing OCI Avoidance/Mitigation Plan to address OCI concerns identified by the Contracting Officer or Contractor that arise during performance of this contract.

(c) If there is not an OCI Mitigation Plan in the contract, the Contracting Officer may require that the Contractor submit an OCI Mitigation Plan under CDRL 13 - Organization Conflicts of Interest Avoidance/Mitigation Plan to fully address how the OCI has been successfully mitigated by the Contractor.

(d) Paragraphs (d)(1) – (3) below contain brief descriptions of each type of potential OCI and the reason it creates a concern. These descriptions are general and widely applicable.

These are the types of OCI situations that should be brought to the attention of the Contracting Officer, per paragraph (a) of this clause, and addressed through updating or incorporating the OCI Avoidance/Mitigation Plan in the contract, as applicable.

(1) Unequal Access to Information: An OCI due to “unequal access to information” is created when a contractor has access to nonpublic information that may provide the firm an unfair competitive advantage to compete against other companies, likely in the context of a later competition for a future government contract.

(2) Biased Ground Rules: An OCI due to “biased ground rules” is created when a firm, as part of its performance of a government contract, has in some sense set the ground rules for another government contract by, for example, writing the statement of work or the specifications. In these “biased ground rules” cases, the primary concern is that the firm could skew the future competition, whether intentionally or not, in favor of itself. These situations may also involve concerns that a firm, by virtue of its special knowledge of the agency’s future requirements, would have an unfair advantage in the competition for those requirements. Thus, both principles of bias and unfair competitive advantage may be present under certain circumstances.

(3) Impaired Objectivity: An OCI due to “impaired objectivity” is created when a contractor, as part of its performance of a government contract, has the opportunity to take action, or participate in contract activities, under circumstances where the contractor’s judgment or objectivity in performing the requirements may be impaired because the contractor’s actions might affect the interests of entities with which the contractor has a direct or indirect affiliation or a competitive posture. Under such circumstances, the contractor could positively impact its own interests or those of a related/affiliated company, or could negatively impact the financial interests of a competitor entity. This conflict contains two elements – the use of subjective judgment by the contractor and a direct or indirect financial interest in the outcome of performance.

Contractor activities or actions having the potential to result in an impaired objectivity OCI include the following: participating in reviewing third-party proposals; other reviewing, evaluating, analyzing or testing of services, technology concepts, designs, prototypes, software or hardware of the contractor, an affiliate, or a third party; or making recommendations or decisions that could benefit same.

(e) The Contractor shall include paragraphs (a) through (d) of this clause in every subcontract. The Contractor shall be responsible for ensuring compliance with all of the provisions of this clause by each of its subcontractors.

H.7 ARC 52.223-90 EMERGENCY PREPAREDNESS AND RESPONSE (MAY 2020)

(a) Contractors shall comply with Ames Procedural Requirements (APR) 1601.4, “Emergency Management Plan.

(b) Contractors doing business with ARC are also employers in their own right and, as such, are responsible for protecting their employees, the environment, and property from the effects of hazardous events. When required by the PWS or as directed by the Contracting Officer, contractors shall develop and maintain appropriate emergency response and recovery plans, facility shutdown/startup plans, standard operations procedures, and checklists for emergency response to their facilities and operations. Contractors shall ensure training and certification of their employees as required to support their emergency response and recovery plan. Contractors shall participate in no more than five ARC drills and/or exercises annually to validate adequacy of emergency response and recovery plans and to ensure contractor employees are trained on how to respond, unless participation in more events are stated in the PWS or directed by the Contracting Officer.

During a disaster/emergency, the contractor's Project Manager or other line supervisor shall be prepared to provide personnel accountability and facility status information to the designated NASA Facility Manager or Emergency Operations Center (EOC) Representative.

(c) The site manager for the contract shall provide the name and contact information for any of its on-site contractor personnel that would like to volunteer to serve in an emergency response position associated with the overall NASA ARC and agency response to the Contracting Officer or Contracting Officer Representative for its contract. If approved for a volunteer position, these individuals will be notified by the appropriate point of contact for the emergency response function that the individual was selected to volunteer with. The volunteers will then be trained in their roles by the Government, or its representative, and participate in any drills that serve to increase the Center’s effectiveness in responding to and recovering from emergencies and disasters. No requirements stated in the contract will be altered and no contract adjustment made to accommodate contractor personnel serving in these volunteer positions.

H.8 ARC 52.223-91 DISASTER ASSISTANCE AND RESCUE TEAM (DART)

PARTICIPATION (MAY 2020)

(a) Contractor employees are eligible to participate in the Disaster Assistance and Rescue Team (DART) if approved in writing by the Contractor and appointed by the Government. If a Contractor approves of an employee’s participation, the contractor agrees to modify the employee’s position description to include participation in DART, and to provide additional indemnification (e.g., worker’s compensation insurance, general liability insurance, etc.) as may be necessary to protect its employee and/or the Government while the employee is participating in the program voluntarily.

(b) This team is comprised of civil service, on-site contractor, Federal Resident Agency, the NASA Research Park, and Moffett Federal Airfield. The team composition includes, but is not limited to, scientists, engineers, wind tunnel mechanics, aircraft mechanics, facility maintenance personnel, computer specialists, industrial hygienists, safety professionals, heavy equipment operators, administrative personnel, managers, procurement officials, and data specialists. DART is an umbrella organization that has five functional groups.

The groups are Search and Rescue, Damage and Utility Control, Structural Assessment, Emergency Communications, and Medical. Typically, participation will involve approximately 5% of the employee’s (full) time, except for initial training/orientation, which will involve approximately 10% of the employee’s (full) time. The executive management at Ames Research Center strongly encourages contractor participation on DART, which needs all of our support, as it has proven to be a valuable element of the Center's Emergency Preparedness Program. Contractual requirements will not be altered, and contract adjustments will not be made to accommodate contractor personnel serving in these volunteer positions.

H.9 ARC 52.227-94 INCORPORATION OF CONTRACTOR’S PROPOSAL (MAY

2020)

The Contractor's entire proposal, including revision(s), submitted in response to solicitation 80ARC021R0001, entitled Aerospace Testing and Facilities Operations and Maintenance (ATOM-5) is hereby incorporated into the contract by reference.

H.10 ARC 52.230-90 CONTRACTOR PURCHASING (MAY 2020)

The contract (or task order) describes the work to be performed. The contractor may determine a need to procure supplies and services from outside vendors which are incidental to performing the contractual requirements. These purchasing activities should promote competition to the maximum extent possible and promote best value purchases; however, these purchasing functions are limited to necessary and incidental items tied directly to contract performance. As such, the contractor is prohibited from purchasing items for direct use by the government as these items should be procured by the Government. The contractor shall not perform purchasing functions or act in any other way as an agent for the government. Examples of prohibited purchases that are typical for most support service contracts include the purchase, for government use only, of the following: office supplies, hardware, personal computers and other peripheral devices and related supplies, licenses, subscriptions, vehicles, and personal or convenience items. Other examples of prohibited purchases include: pass-through purchases unrelated to the overall scope of the contract (i.e., non-contract related ODCs). The Contracting Officer at the time of negotiation will make a determination as to the appropriateness of the ODCs being proposed by the contractor.