RFP Sections B-M ASSESS Amd01.docx

SECTION B — SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SUPPLIES AND/OR SERVICES TO BE PROVIDED

(a) This contract is for Aircraft and Spaceflight Systems Engineering Support Services (ASSESS). 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. This contract includes Firm Fixed Price (FFP) Contract Line Items (CLINs) for Phase-In and Core Contract Management (CM) and an IDIQ CLIN under which Cost-Plus-Fixed-Fee (CPFF) task orders will be issued.

CLIN No.

Description

Contract Type

PWS Section

QTY

Unit

BASE PERIOD – ASSESS

accordance with the respective ordering period and requirements as set forth in Section F.2

(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 Specifications/Performance Work Statement (PWS) in Section C. This contract includes FFP Contract CLINs for Phase-In and Core CM and an IDIQ CLIN under which CPFF task orders will be issued.

OPTION PERIOD 1 – ASSESS

OPTION PERIOD 2 – ASSESS

OPTION PERIOD 3 – ASSESS

OPTION PERIOD 4 – ASSESS

(c) CLIN 0003 is Indefinite Delivery/Indefinite Quantity (IDIQ) where CPFF Task Orders may be issued in accordance with Clause NFS 1852.216-80, Task Ordering Procedure, by the Contracting Officer.

(d) The minimum ordering quantity/value under IDIQ CLIN 0003 is $100,000.00 There will be no further obligation on the part of the Government to issue any task orders beyond the minimum ordering quantity/value. At the sole discretion of the Government, the minimum ordering quantity/value of the IDIQ portion of the contract may be met through obligations under CLIN 0001, CLIN 0002 and/or issuance of task orders under CLIN 0003. The total maximum ordering quantity/value of IDIQ CLIN 0003 is $84.9 million. The Government may, at its sole discretion, issue CPFF task orders under CLIN 0003 up to the maximum IDIQ ordering quantity/value.

(End of text)

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

The estimated cost of CLIN 0003 is TBD exclusive of the fixed fee of TBD. The total estimated cost and fixed fee is TBD.

(End of clause)

1852.216-78 FIRM FIXED PRICE (DEC 1988)

The firm fixed price of CLIN 0001 (Phase-In) is $TBP.

The firm fixed price of CLIN 0002 Core CM (Base Period) is $TBP.

The firm fixed price of CLIN 0004 Core CM (Option Period 1) is $TBP.

The firm fixed price of CLIN 0005 Core CM (Option Period 2) is $TBP.

The firm fixed price of CLIN 0006 Core CM (Option Period 3) is $TBP.

The firm fixed price of CLIN 0007 Core CM (Option Period 4) is $TBP.

The total firm fixed price of this contract is $TBP.

(End of clause)

1852.232-81 CONTRACT FUNDING (JUN 1990)

(a) For purposes of payment of cost, exclusive of fee, in accordance with the Limitation of Funds clause, the total amount allotted by the Government to this contract is listed in the table below. This allotment is for CLINs as identified in the table below and covers the estimated period of performance as stated below.

(b) An additional amount as stated in the table below is obligated under the CLIN for payment of fee.

INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ)

This information will be incorporated into each CPFF task order and also updated periodically at the contract level.

FUNDINGCHANGED

FROM

FUNDING

CHANGED

BY

FUNDING

CHANGED

TO

(TOTAL)

(End of clause)

B.2 CUMULATIVE VALUE FOR TASK ORDERS (Applicable to CLIN 0003)

The table below identifies the negotiated task order values for acceptable performance of all services described in task orders issues. This clause will be updated periodically to reflect value of task orders issued.

The total contract value for CLIN 0003 is as follows:

TASK ORDER VALUE SUMMARY

(End of text)

[END OF SECTION B]

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 “Aircraft and Spaceflight Systems Engineering Support Services (ASSESS),” 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.

80ARC023R0006-ASSESS

80ARC023R0006 – Aircraft and Spaceflight Systems Engineering Support Services (ASSESS)

[END OF SECTION C]

i

SECTION D — PACKAGING AND MARKING

D.1 CLAUSES INCORPORATED BY REFERENCE — SECTION D

D.2 CLAUSES INCORPORATED BY FULL TEXT

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

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

E.2 CLAUSES INCORPORATED BY FULL TEXT

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

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

(End of clause)

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), alternate COR, and to the Contracting Office (CO) as referenced in Section A and distributed in accordance with the instruction in DRD.

(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

F.2 PERIOD OF PERFORMANCE

The period of performance for this contract is set forth below.

(a) PHASE-IN (CLIN 0001) The period of performance of the Phase-in shall be sixty (60) days starting on the effective date of the contract.

(b) BASE PERIOD (CLIN 0002) The performance of the Base Period shall be for twelve (12) months from the end of the Phase-in.

(c) OPTION PERIOD 1 (CLIN 0004) 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 (CLIN 0005) 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 (CLIN 0006) If exercised, the period of performance of Option Period 3 shall be twelve (12) months from the end of the Option Period 2.

(f) OPTION PERIOD 4 (CLIN 0007) If exercised, the period of performance of Option Period 3 shall be twelve (12) months from the end of the Option Period 3.

(g) IDIQ CLIN 0003 The ordering period for CLIN 0003 (IDIQ component) of the contract will be five years starting the day immediately following the last day of the period of performance of CLIN 0001 for 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 in accordance with DRDs and individual TOs.

(End of text)

F.4 DELIVERY OF REPORTS

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

(End of text)

F.5 PLACE OF PERFORMANCE - SERVICES

The primary place of performance for the ASSESS requirement will be onsite at NASA ARC Moffett Field, CA. However, telework will be allowed to maximum extent practicable based on contract/ task orders and in accordance with FAR 7.108. Other places of performance may be required to perform certain requirements under the IDIQ portion of the contract and those locations will be stated in individual task orders. The Government may need to further restrict/limit telework or remote work based on requirements as they are developed over the life of the contract. Other Travel During the Year (TDY) locations to attend Technical Interchange Meetings, Conferences, and other meetings may be specified at the task order level.

(End of text)

[END OF SECTION F]

SECTION G — CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE — SECTION G

G.2 CLAUSES INCORPORATED BY FULL TEXT

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 contract.

(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.

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:

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

ü(2) Office furniture.

ü(3) Property listed in Section J.1.(a).4 Installation-Accountable Government Property (IAGP)

(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.

ü(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.

ü(7) Installation service facilities: 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.

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

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

ü(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.

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

(End of clause)

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.

(End of clause)

[END OF SECTION G]

SECTION H — SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES INCORPORATED BY REFERENCE — SECTION H

H.2 CLAUSES INCORPORATED BY FULL TEXT

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.

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

(a) Of the total price of items 0001, 0002, 0004, 0005, 0006 and 0007, 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)

SCHEDULE FOR ALLOTMENT OF FUNDS (BASE PERIOD)

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

SCHEDULE FOR ALLOTMENT OF FUNDS (OPTION PERIOD 2 – if exercised)

SCHEDULE FOR ALLOTMENT OF FUNDS (OPTION PERIOD 3 – if exercised)

SCHEDULE FOR ALLOTMENT OF FUNDS (OPTION PERIOD 4 – if exercised)

(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.

(End of clause)

1852.235-73 FINAL SCIENTIFIC AND TECHNICAL REPORTS (DEC 2006)

(a) The Contractor shall submit to the Contracting Officer a final report that summarizes the results of the entire contract, including recommendations and conclusions based on the experience and results obtained. The final report should include tables, graphs, diagrams, curves, sketches, photographs, and drawings in sufficient detail to explain comprehensively the results achieved under the contract.

(b) The final report shall be of a quality suitable for publication and shall follow the formatting and stylistic guidelines contained in NPR 2200.2, Requirements for Documentation, Approval, and Dissemination of NASA Scientific and Technical Information. Electronic formats for submission of reports should be used to the maximum extent practical. Before electronically submitting reports containing scientific and technical information (STI) that is export-controlled or limited or restricted, contact the Contracting Officer to determine the requirements to electronically transmit these forms of STI. If appropriate electronic safeguards are not available at the time of submission, a paper copy or a CD-ROM of the report shall be required.

Information regarding appropriate electronic formats for final reports is available at http://www.sti.nasa.gov under “Publish STI – Electronic File Formats.”

(c) The last page of the final report shall be a completed Standard Form (SF) 298, Report Documentation Page.

(d) In addition to the final report submitted to the Contracting Officer, the Contractor shall concurrently provide to the Center STI/Publication Manager and the NASA Center for AeroSpace Information (CASI) a copy of the letter transmitting the final report to the Contracting Officer. The copy of the letter shall be submitted to CASI at the address listed at http://www.sti.nasa.gov under the “Get Help” link.

(e) Data resulting from this research activity may be subject to export control, national security restrictions or other restrictions designated by NASA; or, to the extent the Contractor receives or is given access to data necessary for the performance of the contract which contain restrictive markings, may include proprietary information of others. Therefore, the Contractor shall not publish, release, or otherwise disseminate, except to NASA, data produced during the performance of this contract, including data contained in the final report and any additional reports required by 1852.235-74 when included in the contract, without prior review by NASA.

Should the Contractor seek to publish, release, or otherwise disseminate data produced during the performance of this contract, the Contractor may do so once NASA has completed its document availability authorization review and the availability of the data has been determined.

(f) All publications of any material based on or developed under NASA sponsored projects shall include an acknowledgement similar to the following:

“The material is based upon work supported by the National Aeronautics and Space Administration under Contract Number TBD.”

Except for articles or papers published in scientific, technical or professional journals, the exposition of results from NASA supported research shall also include the following disclaimer:

"Any opinions, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the National Aeronautics and Space Administration."

1852.235-74 ADDITIONAL REPORTS OF WORK -- RESEARCH AND DEVELOPMENT (FEB 2003)

In addition to the final report required under this contract, the Contractor shall submit the following report(s) to the Contracting Officer:

(a) Monthly progress reports. The Contractor shall submit separate monthly reports of all work accomplished during each month of contract performance. Reports shall be in narrative form, brief, and informal. They shall include a quantitative description of progress, an indication of any current problems that may impede performance, proposed corrective action, and a discussion of the work to be performed during the next monthly reporting period.

(b) Quarterly progress reports. The Contractor shall submit separate quarterly reports of all work accomplished during each three-month period of contract performance. In addition to factual data, these reports should include a separate analysis section interpreting the results obtained, recommending further action, and relating occurrences to the ultimate objectives of the contract. Sufficient diagrams, sketches, curves, photographs, and drawings should be included to convey the intended meaning.

(c) Submission dates. Monthly and quarterly reports shall be submitted by the 15th day of the month following the month or quarter being reported. If the contract is awarded beyond the middle of a month, the first monthly report shall cover the period from award until the end of the following month. No monthly report need be submitted for the third month of contract effort for which a quarterly report is required. No quarterly report need be submitted for the final three months of contract effort since that period will be covered in the final report. The final report shall be submitted within 15 calendar days after the completion of the effort under the contract.

(End of clause)

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.

(End of clause)

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.

(End of clause)

ARC 52.227-17 DATA RIGHTS—SPECIAL WORKS (DEC 2021)

Except as specified below, the Government shall have a minimum of unlimited rights, as defined in FAR Clause 52.227-14, Rights in Data – General as modified by NFS 1852.227-14, in all data, including computer software, first produced in performance of this Contract.

As Contract tasks involve the production or further development of program/project software that the Government intends to control and other software that the Government intends to release in an open source manner, the Contractor is hereby directed to assert copyright, or authorize assertion thereof, in special works Data produced under this Contract and to assign, or obtain the assignment of, such copyright to the Government or its designated assignee in accordance with FAR Clause 52.227-17, Rights in Data – Special Works. The direction applies to software code developments and/or software improvements that the Government intends to release open source as well as to NASA program/project software developments/improvements. This direction also applies to: Web site content, NASA presentations and other multimedia/audiovisual works; training content; outreach materials; work processes, and flowcharts produced under the Contract. The Government may specify additional special works in Technical Directions or Task Orders. For purposes of defining the rights in the above computer software, computer software shall include source codes, object codes, executables, ancillary files, and any documentation related to software deliverables associated with this Contract.

ARC 52.227-93 INFORMATION INCIDENTAL TO CONTRACT ADMINISTRATION (DEC 2021)

NASA shall have unlimited rights in information incidental to contract administration including administrative and management information created by the Contractor and specified for delivery to NASA in performance of the contract, expressly excluding financial information. Specifically, NASA shall have the right to release such administrative and management information to any third party to satisfy NASA’s requirements.

(End of clause)

ARC 52.227-96 HANDLING OF DATA (DEC 2021)

(a) Paragraph (d)(1) of the FAR Clause 52.227-14, Rights in Data—General, of this contract permits the Government to restrict the Contractor's right to use, release to others, reproduce, distribute, or publish any Data first produced or specifically used by the Contractor in the performance of the contract provided such restriction is expressly set forth in the contract. Pursuant to this authority, the following restrictions shall apply to such Data and shall be included, in substance, in all subcontracts:

(b) Data specifically used

(1) In the performance of this contract, it is anticipated the Contractor may have access to, or be furnished, Data (including financial, administrative, cost or pricing, or management information as well as technical data or computer software) of third parties which the Government has agreed to handle under protective arrangements, as well as such Data produced by or on behalf of the Government and of which the Government intends to control the use and dissemination, as specifically identified in this contract or by other means specified in ARC 52.227-98, Data Rights and Subcontracting, paragraph (b) (“Government Sensitive Information” or “GSI”).

(2) In order to protect the interests of the Government and the owners of such data, the Contractor agrees, with respect to such third party or Government Data that is either marked with a restrictive legend or specifically identified in this contract or in writing by the Contracting Officer as being subject to this clause (i.e., third-party proprietary or GSI), to use and disclose such data only to the extent necessary to perform the work required under this contract, preclude disclosure of such data outside the Contractor's organization, and return or dispose of such Data as directed by the Contracting Officer when the data is no longer needed for contract performance.

(3) Notwithstanding (2) above, the Contractor shall not be restricted in the use and disclosure of any Data that becomes generally available without breach of this clause by this Contractor, is known to or is developed by the Contractor independently of any disclosure of proprietary, restricted, or confidential Data hereunder, or is rightfully received by the Contractor from a third party without restriction.

(c) Data first produced.

Data first produced by the Contractor under this contract may include Data for which the Government wants to control the use and dissemination. The Contracting Officer may require, or this contract may presently specify, that the Contractor apply restrictive legends to such identified Data prior to delivery to the Government, or to third parties at the Government's direction, that restrict the use and disclosure of the Data by any third party recipient. However, such restrictive legends shall in no way affect the Contractor's or the Government's rights to such Data as provided in the Rights in Data--General Clause of this contract.

(d) Protection of Data.

(1) The Contractor shall educate its employees, as to the use and disclosure restrictions outlined above and how to handle Data in a manner that is consistent with use and disclosure restrictions outlined herein. The Contractor shall incorporate into its organizational training the content of NASA Interim Directive 2810.135, Controlled Unclassified Information and other applicable NASA policy regarding protection of Data and Data designations and authorities, and the procedures for handling such information.

(2) The Contractor shall obtain a written agreement from all employees having access to Data subject to use and disclosure restrictions outlined herein. Said agreement shall prohibit employees, during the term of their employment and thereafter, from disclosing to others or using on their own behalf, such Data received in connection with the performance of work under this Contract, and from retaining a copy of such Data after termination of their employment under this Contract.

(End of clause)

ARC 52.227-98 DATA RIGHTS, SUBCONTRACTING, AND REPRESENTATION OF BACKROUND LIMITED RIGHTS DATA/RESTRICTED COMPUTER SOFTWARE (DEC 2021)

(a) Government Sensitive Information (GSI)

(1) The Government hereby identifies the following data as GSI, to be protected in accordance with ARC 52.227-96, Handling of Data; NFS 1852.237-72, Access to Sensitive Information; and other applicable contract requirements:

As part of supporting advanced research in Entry Systems, Aeronautics, and High End Computing applications for ARC research organizations in the Exploration Technology and Aeronautics Directorates, the Contractor will receive access to Government Sensitive Information in the form of non-public data including material and vehicle designs and capabilities, computing algorithms and data derived therefrom, and third-party proprietary information received or produced as part of research collaborations. Additionally, the Contractor will receive background Government software for use in contract performance (see paragraph (g) below). Further, third-party proprietary data and data produced by or on behalf of the Government and of which the Government intends to control the use and dissemination will be identified and addressed in each Technical Direction or Task Order, when applicable.

(2) In addition to the GSI identified in paragraph (b)(1), other GSI may be identified after award when new data is produced or identified for protection. Such information shall be identified in writing by the Contracting Officer.

(3) Pursuant to NFS 1852.227-88, Government-Furnished Computer Software and Related Technical Data (if incorporated into the contract), Contractor will receive a substantial amount of background Government software for use in performance of Contract work. The Government provides the GFCS in an "AS-IS" condition, making no warranty with respect to the serviceability and/or suitability of the GFCS for contract performance. Other than software identified in the Attachment that has been or will be released in an open source manner, Contractor is hereby instructed that it shall use, handle and disclose such background software as GSI in accordance with the requirements of Contract Clauses in Section H: ARC 52.227-96, Handling of Data.

(4) See Section H Clause ARC 52.227-17, Data Rights—Special Works, for additional information related to data rights in Special Works.

(b) Identification and Delivery of Technical Data, Computer Software, and Computer Software Documentation to be furnished with Restrictions on Use, Release, or Disclosure.

(1) In addition to those representations of Limited Rights Data and Restricted Computer Software made in its proposal, the Contractor may, during contract performance, make new representations of Limited Rights Data and Restricted Computer Software that it proposes to deliver under the contract or to incorporate into a deliverable after award for approval by the Contracting Officer DRD 19. Such representations and assertions shall be submitted to the Contracting Officer as soon as practicable prior to delivery of the Data or Software, or (if the Data or Software may be incorporated into a deliverable) prior to commencing development of an associated deliverable DRD 19.