Solicitation_Revised_11-20-18.pdf

National Aeronautics and Space Administration NASA Glenn Research Center 21000 Brookpark Road Cleveland, OH 44135

High Capacity 90 Kelvin Cryocooler for Thermal Control of Space-Based Cryogenic Systems, Conceptual/Preliminary Design Study

Solicitation 80GRC018R0027 Amendment 3

Originally Issued: August 15, 2018 Issue Date: November 20, 2018

Proposals Due: November 27, 2018, 4:30 PM Eastern Time

SOLICITATION CHANGE LOG

Version Description of Changes Date Original released 8/15/2018

Amendment 1 Delay of solicitation 9/11/2018 Amendment 2 Resume solicitation 10/16/2018 Amendment 3 Revise Sections L and M 11/20/2018

Table of Contents

1. Introduction and Background

2. Objectives and Goals

3. Description of Study Topic

4. General Information

5. Eligibility of Applicants

6. Award Information

7. Model Contract Instructions

8. Solicitation Section K: Representations, Certifications, and Other Statements of Offerors or

Respondents

9. Solicitation Section L: Instructions, Conditions and Notices to Offerors or Respondents

10. Solicitation Section M: Evaluation Factors for Award

11. References

ENCLOSURE 1: Acronym List

ENCLOSURE 2: Government’s Cryocooler Study Capabilities Summary

ENCLOSURE 3: Model Contract

ENCLOSURE 4: Pricing Summary Workbook Templates:

1. Introduction and Background

NASA is procuring the conceptual/preliminary design of a 120 W - 150 Watt (W) class 90 Kelvin (K) cryocooler system that provides cooling to a NASA tube-on-tank broad area cooled shield. The designs developed with this procurement shall be compared with the currently funded SBIR system concepts for further development options.

NASA is currently investing in passive and active thermal control technologies that shall enable long-term in-space storage of cryogenic propellants in a zero-loss, or zero-boil-off (ZBO) state as well as enabling liquefaction of in-situ produced cryogenic fluids. This is in line with NASA's goal of increasing payload mass beyond low Earth orbit by improving the mass efficiency of high-performing cryogenic fluids in upper stages, landers, depots, or other surface assets that are required for long loiter and or transit periods. This is also in line with NASA’s thrust for enabling the delivery of medium to large payloads to the lunar and Martian surfaces. With this goal in mind, NASA has planned to advance the technology readiness of cryocooler technology for operation at temperatures associated with liquid oxygen and liquid methane (90 K – 120 K) by increasing lift capacity, specifically, on the order of 120 W - 150 W. This integrated cryocooler system would be integrated with NASA’s preferred tube-on-tank broad area cooled shield to remove heat from tanks to provide zero-boil-off, pressure control, or even liquefaction of cryogenic fluids in a space environment or on the Moon or Mars.

[END OF SECTION]

2. Objectives and Goals

The scope of this procurement is for the conceptual/preliminary design of a flight-representative integrated cryocooler system, which NASA may later complete the design of along with the fabrication of an engineering development unit to integrate with a heat load at 90 K and a heat rejection subsystem in a to-be-determined test. To meet this objective, the cryocooler would be tested according to one or more of the options listed in Section 1.2 of the Government’s Cryocooler Study Capabilities Summary, Enclosure 2. The cryocooler may also be non-operationally vibration tested in accordance with GEVS-SE requirements. The end goal is to develop a prototype cryocooler with a flight-representative thermal control system test that achieves 120 W - 150 W of cooling capacity at 90 K - 120 K.

3. Description of Study Topic

All Offerors shall provide a single proposal in response to this Solicitation. For additional reference information on the cryocooler study capabilities, see the Government’s Cryocooler Study Capabilities Summary, Enclosure 2.

4. General Information

• Agency: National Aeronautics and Space Administration

• Announcement Title: High Capacity 90 Kelvin Cryocooler for Thermal Control of

Space-Based Cryogenic Systems, Conceptual/Preliminary Design Study, Solicitation

80GRC018R0027

• NAICS Code: 541715 - Research and Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and Biotechnology)

• Selection Official: Leah Koury, Chief of Exploration Systems Branch, Procurement

• Responsible Implementing Center:

Cleveland, OH 44235

• Points of Contact:

- Contracting Officer (CO):

Audrey Gonzalez, CO Glenn Research Center 21000 Brookpark Road

Email: audrey.r.gonzalez@nasa.gov

- Technical Point of Contact:

Wesley Johnson, COR NASA Glenn Research Center 21000 Brookpark Road

Email: wesley.l.johnson@nasa.gov

• Inquiries: Questions shall not contain proprietary information nor require proprietary information in the response. NASA shall not provide evaluations, opinions, or recommendations regarding any suggested approaches or concepts.

- All questions shall be directed to the Contracting Officer, audrey.r.gonzalez@nasa.gov, no later than November 23, 2018, 4:30 PM Eastern Time.

- Inquiries shall identify the company name and solicitation number in the subject field of e-mails.

• Proposals Due: The Offeror’s proposals must be submitted electronically to the following email: audrey.r.gonzalez@nasa.gov in accordance with instructions no later than November 27, 2018, 4:30 PM Eastern Time.

The Offeror is solely responsible for ensuring their proposals are received by NASA before the deadline.

Additional information or programmatic changes that may affect this solicitation shall be added as a formal amendment to this solicitation and posted on the solicitation’s webpage at http://www.fbo.gov. It is each prospective applicant’s responsibility to check the webpage for updates concerning this solicitation.

5. Eligibility of Applicants

All non-Government U.S. institutions (companies, nonprofit organizations) may submit an offer, which shall be considered by the agency. NASA civil servants, Jet Propulsion Laboratory (JPL) employees, national laboratories, and Federally Funded Research and Development Centers (FFRDCs) shall not be eligible to propose on any effort associated with this announcement.

Per NPD 1360.2, Initiation and Development of International Cooperation in Space and Aeronautics Programs, there shall be no exchange of funds with foreign entities.

6. Award Information

Contract Award: NASA reserves the right to select for award multiple, one, or none of the proposals received in response to this solicitation. The overall number of awards shall be dependent upon funding availability and evaluation results. The Government intends to evaluate proposals and award contracts based on initial proposals, without discussions. However, the Government reserves the right to conduct discussions if deemed in the best interest of the Government. Accordingly, each Offeror shall submit its initial proposal to the Government using the most favorable terms from a price and technical standpoint.

Period of Performance: NASA desires a nominal period of performance of seven (7) months for this effort. NASA may elect to simultaneously continue one or more awardees for additional period(s) of performance if it is deemed in the best interest of the Government.

Award Date: Award(s) is/are anticipated in the January 2019 timeframe. NASA may not make any awards to those selected until NASA receives the fiscal year 2019 appropriations or may choose to only award a portion of those selected and reserve the remaining awards pending the final appropriations for the fiscal year. Any reduced appropriations or continuing resolution may effect NASA’s ability to award to selected Offerors.

Funding Allocation: The Government plans to award one (1) or more contract(s) not to exceed a total of $750,000.00 for all contract(s) awarded. The Government’s obligation to make awards is contingent upon the availability of appropriated funds from which payments can be made and the receipt of proposals that NASA determines are acceptable.

7. Model Contract Instructions

A model contract is provided as Enclosure 3 – Model Contract. The model contract contains all specific clauses applicable to this solicitation. Contract Attachments A, B, C and D* are also required as specified in Section J of the model contract. The Offeror shall submit one signed electronic copy of the model contract with their proposal. The Offeror is advised that all sections designated with the text “OFI” represent “Offeror Fill-Ins”. The Offeror shall fill in OFI’s and submit as part of the signed model contract with the proposal submittal. Additionally, sections designated with the text as “TBD” stand for “To Be Determined”. The Offeror shall not fill in the TBD’s. The Government shall update the TBD’s at contract award.

*The following attachments are required and shall become part of the contract:

ATTACHMENT A – Statement of Work (SOW) ATTACHMENT B – Small Business Subcontracting Plan ATTACHMENT C – Organizational Conflicts of Interest Avoidance Plan ATTACHMENT D – Information Technology Management Security Plan

The Offeror may take exception to, or have unique interpretations of any model contract clauses.

These exceptions and/or unique interpretations shall be clearly identified and described including rationale in a Summary of Exceptions and submitted with the signed model contract. The Contracting Officer and the Selection Official shall determine the reasonableness and acceptability of the requested exception(s), and the Offeror shall provide sufficient explanation of the specifics of the exception to support this. Broad generalized exceptions shall be avoided.

Note: Taking exception to, or having unique interpretations of any required clauses MAY result in a negative impact on potential selection.

The Government does not intend to conduct negotiations. However, the Government reserves the right to negotiate with selected Offerors, price terms and any other terms, if it is deemed in the best interest of the Government.

The Model Contract shall be signed and submitted with the Offeror’s proposal by November 27, 2018, 4:30 PM Eastern Time.

8. Solicitation Section K: Representations, Certifications, and Other Statements of Offerors or Respondents

K.1 FAR 52.204-8 Annual Representations and Certifications (JAN 2018)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is

541715.

(2) The small business size standard is 1,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this

Solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the Offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that shall be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—

Representation.

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract shall be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract shall be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222- 26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award shall exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—

Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate.

(Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan— Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(1) The following representations or certifications are applicable as indicated by the

Contracting Officer:

___ (i) 52.204-17, Ownership or Control of Offeror.

___ (ii) 52.204-20, Predecessor of Offeror.

_X_ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

___ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment— Certification.

___ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

___ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

___ (vii) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically via the

SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change by clause number, title, date].

These amended representation(s) and/or certification(s), as shown in Table K-1, are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Clause Number Title Date Change

OFI OFI OFI OFI

OFI OFI OFI OFI

Table K-1. Offeror’s Amended Representation(s) and/or Certification(s)

Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

K.2 FAR 52.209-7 Information Regarding Responsibility Matters (JUL 2013)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror (OFI) [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the Offeror checked “has” in paragraph (b) of this provision, the Offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the Offeror, and/or any of its principals, has or has not, within the last five years, in connection with award to or performance by the Offeror of a Federal contract or grant, been subject of proceeding, at Federal or State level that resulted in any of the following:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of

$100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the Offeror has been involved in the last five years in any of the occurrences listed in

(c)(1) of this provision, whether the Offeror has provided the requested information with regard to each occurrence.

(d) The Offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

K.3 FAR 52.209-13 Violation of Arms Control Treaties or Agreements - Certification

(JUN 2018)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. (the Offeror shall check either (1) or (2). OFI)

____ (1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state.

The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; or

____ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to

NDAA1290Cert@state.gov. To the extent feasible, the Department of State shall respond to such email inquiries within three (3) business days.

(d) Do not submit an offer unless—

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has—

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

K.4 NFS 1852.225-72 Restriction on Funding Activity with China – Representation

(FEB 2012)(Deviation)

(a) Definition - “China” or “Chinese-owned” means the People’s Republic of China, any company owned by the People’s Republic of China or any company incorporated under the laws of the People’s Republic of China.

(b) Public Laws 112-10, Section 1340(a) and 112-55, Section 536, restrict NASA from contracting to participate, collaborate, or coordinate bilaterally in any way with China or a Chinese-owned company with funds appropriated on or after April 25, 2011. Contracts for commercial and non-developmental items are excepted from the prohibition, as they constitute purchase of goods or services that would not involve participation, collaboration, or coordination between the parties.

(c) Representation. By submission of its offer, the Offeror represents that the Offeror is not

China or a Chinese-owned company.

9. Solicitation Section L: Instructions, Conditions and Notices to Offerors or Respondents

L.1 FAR 52.204-7 System for Award Management (OCT 2016)

L.2 FAR 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016)

L.3 FAR 52.204-22 Alternative Line Item Proposal (JAN 2017)

L.4 FAR 52.207-1 Notice of Standard Competition (MAY 2006)

L.5 FAR 52.211-14 Notice of Priority Rating for National Defense, Emergency

Preparedness, and Energy Program Use (APR 2008)

Any contract awarded as a result of this solicitation shall be DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor shall be required to follow all of the requirements of this regulation.

L.6 FAR 52.215-1 Instructions to Offerors — Competitive Acquisition (JAN 2017)

L.7 FAR 52.216-1 Type of Contract (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

L.8 FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction

Goals —Representation (DEC 2016)

L.9 FAR 52.232-28 Invitation to Propose Performance-Based Payments (MAR 2000)

(a) The Government invites the Offeror to propose terms under which the Government shall make performance-based contract financing payments during contract performance. The Government shall consider performance-based payment financing terms proposed by the Offeror in the evaluation of the Offeror’s proposal. The Contracting Officer shall incorporate the financing terms of the successful Offeror and the FAR clause, Performance-Based Payments, at FAR 52.232-32, in any resulting contract.

(b) In the event of any conflict between the terms proposed by the Offeror and the terms in the clause at FAR 52.232-32, Performance-Based Payments, the terms of the clause at FAR 52.232-32 shall govern.

(c) The Contracting Officer shall not accept the Offeror’s proposed performance-based payment financing if the financing does not conform to the following limitations:

(1) The Government shall make delivery payments only for supplies delivered and accepted, or services rendered and accepted in accordance with the payment terms of this contract.

(2) The terms and conditions of the performance-based payments must -

(i) Comply with FAR 32.1004;

(ii) Be reasonable and consistent with all other technical and cost information included in the Offeror’s proposal; and

(iii) Their total shall not exceed 90 percent of the contract price if on a whole contract basis, or 90 percent of the delivery item price if on a delivery item basis.

(3) The terms and conditions of the performance-based financing must be in the best interests of the Government.

(d) The Offeror’s proposal of performance-based payment financing shall include the following:

(1) The proposed contractual language describing the performance-based payments (see FAR 32.1004 for appropriate criteria for establishing performance bases and performance-based finance payment amounts).

(2) A listing of -

(i) The projected performance-based payment dates and the projected payment amounts; and

(ii) The projected delivery date and the projected payment amount.

(3) Information addressing the Contractor’s investment in the contract.

(e) Evaluation of the Offeror’s proposed prices and financing terms shall include whether the

Offeror’s proposed performance-based payment events and payment amounts are reasonable and consistent with all other terms and conditions of the Offeror’s proposal.

L.10 FAR 52.233-2 Service of Protest (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Attn: Audrey Gonzalez

MS 60-1

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

L.11 FAR 52.250-2 Safety Act Coverage Not Applicable (FEB 2009)

L.12 FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer shall make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

For Federal Acquisition Regulation (FAR) provisions, see https://www.acquisition.gov/?q=browsefar

For NASA FAR Supplement (NFS) provisions, see http://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

L.13 FAR 52.252-5 Authorized Deviations in Provisions (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the provision.

(b) The use in this solicitation of any NASA FAR Supplement (48 CFR Chapter 18) provision with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

L.14 NFS 1852.215-81 Proposal Page Limitations (APR 2015)

(a) The following page limitations are established for each portion of the proposal submitted in response to this solicitation, as shown in Table L-1 below.

Proposal Section Page Limitations Title Page 1 Executive Summary (Section I) No limit Proof of Eligibility (Section II) 3 Technical Approach to Conducting Study (Section III) 25 Milestone Reviews and Payment Plan Approach (Section IV) 5

Intellectual Property (Section V) 1 Price Proposal with Price Summary Workbook Templates (Section VI) No limit

Qualifications of the Offeror (Section VII) No limit Past Performance (Section VIII) No limit Signed Model Contract (Section IX) with Contract Attachments A, B, C and D No limit

Table L-1. Proposal Sections and Page Limitations

(b) A page is defined as one side of sheet, 81⁄2″ × 11″, with at least one-inch margins on all sides, using single spacing and not smaller than 12 point type. Foldout pages, illustrations, and/or photographs are allowed, for the display of unique and critically important proposal data.

Foldout pages shall count as multiple pages, dependent on number of fold out sections, against the required page limit. For example, a three-section foldout would be equal to three pages on the page limitation.

Only non-proposal material, e.g., page numbers, section titles, disclaimers, etc., is permitted in headers and footers. Proposals may not include references to materials outside the proposal (e.g. published articles and sites on the internet) for information or material needed to either complete or understand the proposal.

While text within figures and tables may use a smaller font, it must not be smaller than 10-point. Figure and table captions must follow the same font requirements and restrictions as the main proposal text. It is recommended that expository text necessary for the proposal not be located solely in figures or tables, or in their captions.

(c) The Price section of your proposal is not page limited. However, this section is to be strictly limited to price information. Information that can be construed as belonging in one of the other sections of the proposal shall be so construed and counted against that section’s page limitation.

(d) If final proposal revisions are requested, separate page limitations shall be specified in the

Government’s request for that submission.

(e) Pages submitted in excess of the limitations specified in this provision shall not be evaluated by the Government and shall be returned to the Offeror.

L.15 NFS 1852.227-71 Requests for Waiver of Rights to Inventions (APR 2015)

L.16 NFS 1852.227-84 Patent Rights Clauses (APR 2015)

L.17 NFS 1852.233-70 Protests to NASA (DEC 2015)

L.18 GRC 52.235-91 Submission of Executive Technical Summary for R&D

Requirements (APRIL 2007)

The Offeror shall submit, as part of the proposal, an Executive Technical Summary of the work to be performed under the resultant contract. The Summary shall consider the Government’s Cryocooler Study Capabilities Summary, Enclosure 2, included in this solicitation, and the Offeror’s proposed technical approach to satisfy capabilities requirements.

The Summary shall be approximately 300 words in length and shall contain text only - no tables, scientific symbols, or graphics. The Summary shall be detailed enough to enable ready comprehension of the R&D effort to be conducted.

The Summary shall not contain proprietary, classified, or other confidential information.

Pursuant to the R&D information integration requirements of Section 207 of the E-Government Act of 2002, NASA shall post the Summary submitted by the successful Offeror to the Federal Procurement Data System at the time of contract award.

The Summary is excluded from the page limitations specified in NFS 1852.215-81, included elsewhere in this Section L.

L.19 Proposal Submission Information

A. Instructions for Proposals

1. Proposal Format and Contents

The proposal format and content requirements as outlined in this section below are specific to this solicitation. The required sections of the proposal must be submitted as one searchable, unlocked PDF file with edit permission enabled. Applicants must comply with the format and page limit requirements as stated in this solicitation.

There is a 10mB limit for the electronic media file size for proposals. Only attachments that are specifically requested in this solicitation shall be submitted. The e-mail submission shall identify the email as “Company Name – 80GRC018R0027 Proposal Submission” in the subject field of the e-mail. Applicants shall use the email:

audrey.r.gonzalez@nasa.gov for proposal submissions.

Proposals received after November 27, 2018, 4:30 PM Eastern Time by the Government shall not be accepted. Hard copies shall not be accepted.

2. Title Page:

• Include any Notice of Restriction on Use and Disclosure of Proposal Information

• An optional graphic image may be included

• The Proposer’s name of the proposal or proposed project

• Date of the proposal

• The title and solicitation number

• Organization name and address

• Proposer POC name, title, e-mail address, and phone number

• Proposer’s CAGE code

Section I. Executive Summary: The Offeror shall submit, as part of the proposal, an Executive Technical Summary of the work to be performed under the resultant contract.

See Provision L.18 GRC 52.235-91 Submission of Executive Technical Summary for R&D Requirements (April 2007).

Section II. Proof of Eligibility: The Offeror shall provide information showing that the Offeror and all team members are eligible participants as stipulated in the solicitation. All team members shall have the skill set and the availability required to complete the study as described in the Government’s Cryocooler Study Capabilities Summary, Enclosure 2.

Also, see 5. Eligibility of Applicants.

Section III. Technical Approach to Conducting Study: The Offeror’s technical approach shall specify how their SOW, which is also part of the contract attachments, proposes to comply with the NASA unique requirements, including the techniques and processes the Offeror proposes to implement.

Section IV. Milestone Reviews and Payment Plan Approach: The Offeror shall submit a description of proposed milestone reviews and a milestone payment plan describing the scope of each milestone and the percentage of cost associated with each proposed milestone. Also, see contract Clause G.5 Milestone Deliverable/Payment Schedule in the model contract.

Section V. Intellectual Property: The Government intends to retain data rights, as per Clause FAR 52.227-14 Rights in Data – General (May 2014) [(Modified by NFS 1852.227-14 (Apr 2015)]. The Offeror shall submit a description of the approach for data rights and how they meet the objectives in the Government’s Cryocooler Study Capabilities Summary, Enclosure 2, of this solicitation.

Section VI. Price Proposal: The Offeror shall provide their price as well as attach the two (2) Price Summary Workbook Templates specified in Enclosure 4 of the solicitation.

See L.25 Preparation of Price Proposal.

Section VII. Qualifications of the Offeror: The Offeror shall provide resumes on the organization’s capabilities and the qualifications of key personnel. Resumes shall include education, experience, background, accomplishments, and other pertinent information.

Section VIII. Preparation of Past Performance: The Offeror shall provide a minimum of three (3) past performance references for relevant Federal contracts of similar work.

See L.21 Preparation of Past Performance.

Section IX. Signed Model Contract: The Offeror shall provide one filled in and signed electronic copy of the model contract with their proposal. The Offeror shall also provide all contract attachments (A, B, C and D) as designated in the contract Section J. Also, see

7. Model Contract Instructions.

L.20 Preparation of Technical Approach

The Offeror shall provide a written narrative explaining how they will complete the work proposed. This narrative shall include the Executive Technical Summary as stated in L.18 GRC 52.235-91 Submission of Executive Technical Summary for R&D Requirements (April 2007).

The Offeror shall submit an SOW (model contract Attachment A) that includes a work breakdown structure and a description of the major tasks, milestones, and deliverables.

The proposal shall include the Offeror’s understanding of the relevant NASA, Federal, State and local regulations.

L.21 Preparation of Past Performance

The Offeror shall provide a minimum of three (3) past performance references for relevant Federal contracts of similar work. These references shall also include the Federal agency’s name, address, DUNS number, CAGE code, POC name and email address, a summary of the work, size, customer, contract type, and how that project directly relates to the proposed effort.

L.22 Preparation of Price Proposal

A. Overview/General Instructions

The Government contemplates award of a one or more NASA Firm Fixed Price contracts. The awarded contract shall have a seven-month base period of performance, as shown in Table L-2.

B.2 Type Months Base FFP 7

Table L-2. Contract Period of Performance

The Federal Acquisition Regulation (FAR) requires Contracting Officers to purchase supplies and services from responsible sources at fair and reasonable prices. The Government assumes that adequate price competition shall exist and that the amount and types of data required shall be adequate to ensure the price proposals have been prepared on a sound basis that shall allow the Government to evaluate the Offeror’s competitive approach, and to determine cost realism and price reasonableness. Therefore the submission of certified cost or pricing data is negated (FAR 15.403-1) and shall not be requested unless proposed prices appear unreasonable or unrealistically low given the Offeror’s proposed technical approach and there are concerns that the Contractor may default; and/or if only one proposal is received in response to the solicitation (FAR 15.403-1(c)). The Offeror shall be advised if additional ‘other than certified cost or pricing data’ is required (FAR 15.403-3).

The price proposal shall encompass all costs associated with the requirements of this solicitation and shall comply with applicable Federal Acquisition Regulation (FAR), NASA FAR Supplement (NFS), and governing statutory requirements.

B. Additional Instructions

• Formulas: All formulas used in the electronic pricing template spreadsheets must be clearly visible. The workbooks shall not contain macros or hidden cells. The use of external links is prohibited.

• Pre-populated Formulas: Selected templates have formulas pre-populated by the Government as a courtesy. The Offeror is responsible for ensuring the accuracy of these formulas and editing/correcting them as necessary.

1) Price Proposal – Part 1: General Price Information

Section 1: Price Proposal Introductory Page

The following information is required on the introductory page of the price proposal:

• Title: “Price Proposal”

• Solicitation Number

• The Offeror’s (or Business) name and address

• CAGE Code

• Type of contract, place(s) and period(s) of performance

• The total proposed price

• Name, address, telephone and fax number of the Government cognizant contract audit office

• Name, address, telephone and fax number of the Government cognizant contract administration office

• Name, title, telephone number, and e-mail address of a Point of Contact familiar with and authorized to provide additional information concerning the Price Proposal to both NASA and Contracting Officer’s designated Federal Government or contract auditors.

Section 2: Table of Contents

The price proposal shall include a table of contents for ready reference to key parts, figures, and illustrations. For convenience, the price proposal may be divided into separate binders, provided they are properly identified as such, e.g., “Price Proposal, Part I”, and must adhere to all other proposal format and page limitations instructions given herein. For Part 2, each of the Excel workbooks shall be clearly tabbed.

Section 3: Responsibility Determination Disclosures (Financial Capability)

To determine if an Offeror is in accordance with FAR 9.104-1(a), the Offeror shall submit information that demonstrates their financial capability to perform the contract.

Acceptable information includes letters from certified United States banks indicating the available amount of credit for the business and the company’s annual report. If a teaming arrangement, joint venture, or other business combination is contemplated, disclose each participant’s responsibility for financial management of the venture, funding requirements, limitation of liabilities, and any other information that describes the financial arrangement.

2) Price Proposal – Part 2: Price Templates

Section 1: Workbooks

The Offeror is instructed to complete all templates provided in the attached Microsoft Excel Workbook, Cryocooler Study Price Summary Workbook Templates, Enclosure 4, from the solicitation. The Offeror may resize/edit the templates to better fit the proposal package and/or its estimating and accounting practices but must adhere to the format designs provided. The Offeror’s own format shall be used for supporting information.

Workbook names included shall begin with the company name’s first three letters followed by a hyphen and the workbooks file name. Below is an example of how company “ABC” would name their Price Proposal workbook: Example: “ABC- Price Summary Template.xlsx”

Workbook 1: Cryocooler Study Price Summary Template, Enclosure 4, from the solicitation.

This workbook is designed to depict the total proposed price of the contract.

Template 1: Total Price

This worksheet template is designed to summarize the total proposed price (profit included) by FY year. The total proposed price shall reconcile with the amount on the proposal cover page and supporting pricing templates. Include all contractor-required travel costs associated with Government’s Cryocooler Study Capabilities Summary, Enclosure 2.

Template 2: Labor

This template is designed to depict the proposed direct labor costs for the contract.

Instructions:

In column B, the Offeror shall insert their proposed labor category.

In column C, the Offeror shall indicate whether the labor category is Exempt (E) or Non-exempt (N) from the Service Contract Act and/or a Union (U) position.

In column D, the Offeror shall insert the number of hours for each labor category in the ‘Hours’ column and shall ensure that it is consistent with the Hours proposed in the Technical Volume. The Offeror shall include a brief position description of every labor category proposed to allow for evaluation.

In column E, the Offeror shall insert the Fully Burdened Labor Rate and calculate the proposed price by labor category.

Any proposed uncompensated overtime for employees exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) shall be identified, supported, and justified with a written explanation. Uncompensated overtime hours, if any, shall be included in computing the effective Standard Labor Rate.

10. Solicitation Section M: Evaluation Factors for Award

M.1 Source Selection and Evaluation Factors

A. GENERAL

1. This competitive negotiated acquisition shall be conducted in accordance with Federal Acquisition Regulation (FAR) 15.3, “Source Selection,” and NASA FAR Supplement (NFS) 1815.3, same subject.

2. The attention of Offerors is particularly directed to NFS 1815.305 “Proposal…