Amendment_2_.pdf

The following sections are hereby modified through Amendment 2 and is a continuation of SF

30, Block 14:

1) Revision of Section H.2: Section H, clause 1852.209-71, LIMITATION OF FUTURE CONTRATING (December 1988), has been removed in its entirety. See attached changes pages which affect pages 17 & 18 of the RFP.

2) Revision of Section L.11: Section L, L.11 PROPOSAL GENERATION AND SUBMISSION INSTRUCTIONS – GENERAL INSTRUCTIONS (a)(1), has been updated to extend the proposal due date to August 9, 2023. See the attached change page which affects page 90 of the RFP.

3) Revision of Section L.12(a)(8)(iii): Section L, L-12 PROPOSAL PREPARATION –

Required Proposal Content, (a)(8)iii, has been updated to remove the Limitation of Future Contracting Reference. The last two sentences have been removed. See the attached change page which affects page 96 of the RFP.

4) Revision of DRD 14: Section J, J.1 LIST OF DOCUMENTS, EXHIBITS, AND ATTACHMENTS (a), Attachment 2, Contract Data Requirements Documents List

(CDRL) has been updated. Data Requirements Document (DRD) item 14 has been updated to remove the Limitation of Future Contracting reference in the Interrelationship and the Contents sections, update the Submission Frequency wording, and add in items 15 and 16 to the Contents section. See attached changes pages which affect pages 19-21 of J.1 (a) Attachment 2 Data Requirements Descriptions (DRDs).

All other terms and conditions of the RFP not mentioned in this Amendment remain unchanged.

80ARC023R0002

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. DATE TITLE

1852.208-81 NOV 2004 RESTRICTIONS ON PRINTING AND DUPLICATION

1852.223-75 FEB 2002 MAJOR BREACH OF SAFETY OR SECURITY

1852.242-72 OCT 2015 DENIED ACCESS TO NASA FACILITIES

H.2 RESERVED

1852.209 71 LIMITATION OF FUTURE CONTRACTING (DECEMBER 1988)

The Contracting Officer has determined that this acquisition may give rise to potential organizational conflicts of interest. Accordingly, the attention of prospective offerors is invited to FAR Subpart 9.5 Organizational Conflicts of Interest.

The nature of this conflicts is as follows:

An impaired objectivity OCI may arise in a situation where an agency requests that a contractor makes recommendations back to the Government concerning current or future agency programs.

An impaired objectivity exists where implementation of those recommendations could impact the contractor’s financial position and may occur whenever an entity is in a position to make judgments or recommendations that would have the effect of directly influencing the contractor’s own well being. The above impaired objectivity organizational conflict of interest would result with respect to ASRS contractual requirements were the contractor and subcontractors, if used, also to perform work on either the FAA's Aviation Safety Information Analysis and Related Systems (ASIAS) contract or on the FRA's Rail Information Sharing Environment (RISE) contract. As a result, a contractor/subcontractor performing on the ASRS contract can make judgments or recommendations that would have the effect of directly influencing its own well being on the ASIAS and/or RISE contracts through improving performance that could result in increased award fee, additional incentive fee, exercising of additional options, authorizing additional award terms, and higher past performance and Contract Performance Assessment Reporting System (CPARS) ratings. Performance only on the ASRS contract removes this impaired objectivity OCI. (Note: While sharing information may typically be seen as a benefit, in the context of ASRS, protection of the identified raw reports is critical to ensure people continue to anonymously report safety concerns without fear of reprisal.)

(c) The restrictions upon future contracting are as follows:

(1) The prime ASRS contractor and all of its subcontractors are prohibited from performing as a prime or subcontractor at any tier on the ASIAS or RISE contracts or any future requirements stemming from or arising from the ASIAS or RISE contracts.

(2) If the Contractor, under the terms of this contract, or through the performance of tasks pursuant to this contract, is required to develop specifications or statements of work that are to be incorporated into a solicitation, the Contractor shall be ineligible to perform the work described in that solicitation as a prime or first tier subcontractor under an ensuing NASA contract. This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Officer and the Contractor, sufficient to avoid unfair competitive advantage or potential bias (this time shall in no case be less than the duration of the initial production contract). NASA shall not unilaterally require the Contractor to prepare such specifications or statements of work under this contract.

(3) To the extent that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and as long as these data remain proprietary or confidential, the Contractor shall protect these data from unauthorized use and disclosure and agrees not to use them to compete with those other companies.

(End of Clause)

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.

(End of Clause)

H.4 RESERVED

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

A listing of existing Government supplied equipment/property is provided in Section J, J.1(a), Attachment 3.

(End of Provision)

L.10 1852.245-81 LIST OF AVAILABLE GOVERNMENT PROPERTY (JAN 2011)

(a) The Government will make the following Government property available for use in performance of the contract resulting from this solicitation, on a no-charge-for-use basis in accordance with FAR 52.245–1, Government Property, included in this solicitation (See Section J.1.a Attachment 3). The offeror shall notify the Government, as part of its proposal, of its intention to use or not use the property.

(b) The Government will make the following Government property available for use in performance of the contract resulting from this solicitation, on a no-charge-for-use basis in accordance with FAR 52.245-2, Government Property Installation Operation Services, as included in this solicitation (The Government will identify in future fixed price task orders, if applicable.). The offeror shall notify the Government of its intention to use or not use the property.

(c) The selected Contractor will be responsible for costs associated with transportation, and installation of the property listed in this provision.

(End of Provision)

L.11 PROPOSAL GENERATION AND SUBMISSION INSTRUCTIONS – GENERAL

INSTRUCTIONS

(a) PROPOSAL STRUCTURE AND DUE DATES

(1) The Offeror’s entire proposal is due by June 12August 9, 2023 at 5:00 p.m. Pacific Time (PT).

The delivery location is specified in Section L.11(b), Proposal Submission Instructions. Any proposal submitted after the due date and time will not be accepted nor evaluated.

(2) Completed Past Performance Questionnaires (PPQs) may be submitted any time after the date of RFP release, until the proposal due date and time stated in Section L.11(a)1. PPQs shall be emailed to Rachel Jandron at Rachel.A.Jandron@nasa.gov and courtesy copy (cc) to Jeanne Chun, jeanne.s.chun@nasa.gov. PPQs received after 5:00pm on the proposal due date stated in Section L.11(a)1 will not be evaluated.

(3) Proposals, modifications, revisions, or withdrawals of proposals received after the due date and time stated in Section L.11(a)1 of this RFP for proposal receipt will be handled in accordance with

FAR 52.215-1.

(4) The proposal shall be valid for 365 calendar days from the proposal due date stated in Section L.11(a)1)of this RFP.

(5) Offerors shall structure their proposals as set forth in L.12 – PROPOSAL PREPARATION REQUIRED – Required Proposal Content and L.13 – PROPOSAL PREPARATION-

An impaired objectivity OCI may arise in a situation where an agency requests that a contractor makes recommendations based upon use of GSI related to current or future agency programs that impact the contractor’s financial position and may occur whether an entity is in a position to make judgments or recommendations that would have the effect of directly influencing the contractor’s own well-being. An impaired objectivity organizational conflict of interest exists in performance of the ASRS contractual requirements should the contractor also perform on either the FAA's Aviation Safety Information Analysis and Related Systems (ASIAS) contract or on the FRA's Rail Information Sharing Environment (RISE) contract. The use of the NFS

1852.209 71, Limitation on Future Contracting clause is the only acceptable form of mitigation and is included in section H of this solicitation.

iv. In addition to those OCI issues identified by the offeror, the OCI plan shall specifically address the following potential OCI issues:

1. Unequal Access to Information. See paragraph (iii) of section L.12(a)(8) Organizational Conflicts of Interest Plan and Notice of Potential Organizational Conflicts of Interest.

2. Biased Ground Rules. Given the requirements of the ASRS SOW, NASA has not identified any OCI’s of this type at this time.

3. Impaired Objectivity. See paragraph (iii) of section L.12 (a)(8) Organizational Conflicts of Interest Plan and Notice of Potential Organizational Conflicts of Interest.

v. The proposed OCI Plan shall be consistent with all other areas of the proposal. The proposed OCI Plan is not page limited and shall be included as a separate proposal attachment.

(b) Volume II – Mission Suitability – The Offeror’s proposed approach to the Technical Approach, Management Approach, and Small Business Utilization subfactors shall be included in the Mission Suitability Volume. No cost/price data shall be included in this Volume. The content shall be precise, factual, detailed and complete. Offerors shall not assume that the evaluation team is aware of abilities, capabilities, plans, facilities, organization and/or any other pertinent fact regarding the Offeror’s proposed approach to the Mission Suitability Factor. The evaluation will be based primarily on the information presented in the written proposal presented in Volume II. The proposal shall specifically address each item requested in Section L.13A of this RFP.

(c) Volume III – Past Performance - The Past Performance factor indicates the relevant quantitative and/or qualitative aspects of each Offeror’s record of performing services, or delivering products, similar in size, content, and complexity of the requirements in section L.13B of this RFP.

(d) Volume IV – Cost/Price – The evaluation will be based on the information presented in the written proposal presented in Volume IV. The proposal shall specifically address each item requested in Section L.13C of this RFP.

(End of Provision)

L.13 PROPOSAL PREPARATION – SPECIFIC INSTRUCTIONS FOR VOLUMES II-IV

80ARC023R0002 - Attachment J.1(a)(2) previously unidentified OCIs or potential OCIs to the Government.

4. Describe how employees are notified of the Plan’s requirements and how this notification will be documented.

Establish and require entrance training for new employees, refresher training for existing employees, and exit training for departing employees. Describe how completion of this training will be documented, including a copy of any training certification template that the contractor will use to document that its employees have completed training.

5. Describe how the contractor will report breaches of the protective measures in the Plan to the contracting officer. Describe what processes the contractor will implement following any breach and indicate that final resolution of the corrective action must be approved by the contracting officer.

6. Identify any affiliated companies/entities (e.g., a parent company or a wholly owned subsidiary) and procedures for coordinating OCIs with such affiliated companies/entities.

7. Address the process for reporting all potential/actual OCIs that arise during performance of the contract. An OCI report shall include (1) a description of the conflict, (2) the plan for resolving the conflict, and (3) the benefits/risks to contract performance associated with plan approval/acceptance. Specific resolution strategies shall be appended to the Plan upon approval by the Government.

8. Explain how the contractor will flow down the provisions of this Plan to any subcontractor that may have a conflict with regard to performing the requirements of this contract. Discuss affected subcontractors’ OCI program as it relates to this contract and specifically explain how affected subcontractors will identify, resolve, and report actual/potential OCIs associated with this contract.

9. Define organizational and employee sanctions for violations of established OCI procedures/requirements/guidelines.

10. Include an assertion from the Contractor that to the best of their knowledge no OCIs exist currently, if applicable. Provide a list of all the prime’s and subcontractor’s NASA contracts and subcontracts, FAA and FRA contracts and subcontracts, which would provide the CO a better understanding of other NASA, FAA or FRA work performed by the Offeror that may give rise to an actual or potential conflict.

11. Include a requirement to update this plan as necessary to address specific OCIs. All updates to the plan must be approved by the contracting officer and the updates/changes must be incorporated in the contract to be effective.

12. Require periodic self-audits to ensure compliance with established OCI procedures, requirements, and guidelines.

13. Define records related to the OCI plan (e.g., training and audit records) that will be made available to the Government upon request. Note: The OCI Plan as outlined in paragraphs 1 through 12 above is not for the purpose of addressing other very important contractual obligations such as (1) the contractor’s obligation to protect sensitive information in accordance with NFS 1852.237-72, Access to Sensitive Information, (2) the contractor’s obligation to conduct business in an ethical manner in accordance with FAR 52.203-13, contractor’s Code of Business Ethics and Conduct, and (3) the contractor’s obligation to prevent personal conflicts of interest in accordance with FAR 52.203-16, Preventing Personal Conflicts of Interest.

80ARC023R0002 - Attachment J.1(a)(2)

14. In an appendix to the OCI Plan identify the strategy (e.g., mitigation, limitation on future contracting, etc.) for resolving each OCI that is either identified in the solicitation or created by the requirements of the solicitation/contract and explain the effect of such strategy on performance of the contract. If using a firewall, explain how these actions will operate to successfully address the conflict without adversely affecting performance of the contract. (Note: Specific plans to limit future competition are reflected in the clause at NFS 1852.209-71, Limitation of Future Contracting.)

15. Describe the approach for proactive identification of potential OCIs that could emerge over the life of the contract as conditions change.

16. A potential impaired objectivity OCI, given the requirement of this contract, may be created when a contractor performing on the ASRS contract can make judgements about what information to release to individuals or organizations outside of ASRS or recommendations to Government officials that would have the effect of directly influencing its own well-being on other Government contracts. As part of the OCI mitigation plan, the Contractor shall address how it will successfully mitigate such an actual or potential OCI. If proposing to use an IT, organizational, or procedural partitioning mechanism as a form of mitigation, explain how these actions will operate to successfully address the conflict without adversely affecting performance of the contract.

Remarks: The OCI Plan will be incorporated into the contract as Section J.1(a) Attachment 8 once determined to be acceptable.

Maintenance: The contractor shall review the OCI Plan on an annual basis or as directed by the contracting officer to revise the OCI Plan if necessary. Revisions are subject to Contracting Officer approval and shall be incorporated by change page or complete reissue as directed by the CO.