B330 MSL Equipment RFP - Final.pdf

Template Version: Base

TO: All Prospective Offerors

SUBJECT: Request for Proposal (RFP), Solicitation No. 80GRC020MSLSTE, for B330 MSL Equipment Procurement

You are invited to submit a proposal in response to the National Aeronautics and Space Administration (NASA) Glenn Research Center’s B330 MSL Equipment solicitation. The principal purpose of this requirement is to provide research and testing of communications technologies and systems. The nature of test and measurements conducted at GRC is primarily research-based, requiring a high level of flexibility and re-configurability suitable for the characterization of both traditional and novel space and aeronautics based antenna technologies and communications systems.

Antenna metrology expected to be conducted in this new facility range from omnidirectional to high gain reflector antennas, from L-band to W-band (1-110 GHz). Antenna technologies emphasize large aperture deployable antennas and active phased arrays, as well as in-situ measurements of antenna performance integrated onto small satellite and unmanned aerial vehicle (UAV) platforms. Furthermore, GRC is working to establish full over the air (OTA) communications systems level testing which will combine channel emulation and motion control with real “hardware-in-the-loop” (e.g., antennas, RF front ends, radios, etc.) to assess system level performance of real life space and aeronautics conditions in a controlled/emulated environment.

The new facility is expected to, at a minimum, provide for a reconfigurable RF quiet area that can additionally support this type of testing.

NASA will conduct this acquisition as a small business set-aside competition. The North American Industry Classification System (NAICS) code for this acquisition is 334515 and the small business size standard is 750.

This competitive acquisition will result in a Firm-Fixed Price. A total potential period of performance of (2) years, including a 9-month (Final Phase) Base Period, a (15)-month (Implementation Phase).

The anticipated contract award date is April 8, 2021 with an April 28, 2021 contract effective date. The contract will be performed onsite at NASA Glenn Research Center (GRC).

Potential offerors should pay close attention to all solicitation instructions; however, the following requirements list is summarized to assist in proposal development. Please note that this list is not exhaustive, and the solicitation terms and conditions and provisions in sections L and M take precedence:

1. Industry Day was conducted on September 24, 2020. A total of eight (8) unique companies attended the Industry Day Briefing. Seven (7) of these companies elected to participate in individual One-on-One meetings.

2. No OCI’s have been identified at this time.

3. Be advised, in accordance with provision L.10, Offerors need to encourage their references to submit their Past Performance Questionnaires directly to the Contracting Officer prior to proposal due date.

4. Offerors are required to have a Commercial and Government Entity (CAGE) code that matches the corporate address submitted with its proposal.

Offerors are encouraged to refer to Federal Acquisition Regulation (FAR) provision 52.215-1, INSTRUCTIONS TO OFFERORS–COMPETITIVE ACQUISITION, in particular paragraph (f)(4) which discusses the Government’s right to award a contract without discussions.

In order to control and protect sensitive data owned by the Government and its Contractors, NASA policy required all acquisition-related documents be released in Adobe Portable Document Format (PDF). While the RFP’s Price Volume exhibits are in PDF format, the Offeror’s Price Volume proposal shall include completed Price Volume exhibits in Microsoft Office Excel format with working cell formulas.

Documents related to this acquisition, including this letter, the solicitation, attachments, exhibits, any amendments and links to online reference/technical/bidders library will be attainable electronically from the World Wide Web through the Government-wide point of entry website at www.beta.SAM.gov. Potential Offerors are requested to periodically monitor the websites for updates.

NASA FAR Supplement (NFS) clause 1852.215-84, OMBUDSMAN, is applicable. The Center Ombudsman for this acquisition can be found at http://prod.nais.nasa.gov/pub/pub library/Omb.html.

This RFP does not commit NASA Glenn Research Center (GRC) to pay any proposal preparation costs, nor does it obligate NASA Glenn Research Center (GRC) to procure or contract for these services. This request is not an authorization to proceed, and does not authorize payment for any charges incurred by the offeror for performing any of the work called for in this solicitation.

Proposals submitted in response to this solicitation shall be due no later than Wednesday, January 20, 2021 by 4:30 P.M. (EST).

In accordance with NFS 1815.201(f), a “Blackout Notice” has been issued to NASA personnel.

All inquiries/communications pertaining to this acquisition shall be directed only to the Contracting Officer listed below.

All questions regarding this RFP should be submitted in writing, electronically to David S.

Eccleston, Contracting Officer, at david.s.eccleston@nasa.gov on or before Monday, December 21, 2020, Noon (EST). Offerors are encouraged to submit questions as soon as possible for consideration.

Thank you for your support. We look forward to receiving your proposals.

David S. Eccleston Contracting Officer

80GRC020MSLSTE

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

RATING

DO-C9

PAGE

2. CONTRACT NO. 3. SOLICITATION NO.

80GRC020MSLSTE

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

12/7/2020

6. REQUISITION/PURCHASE NO.

N/A

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

David Eccleston NASA Glenn Research Center 21000 Brookpark Road Mail Stop 60-1 Cleveland, Ohio 44135

NOTE: In sealed bid solicitations “offer” and “Offeror” mean “bid” and “bidder”

SOLICITATION

9. Offers: 1 electronic copy for furnishing the services in the Schedule are due at the place specified in L.9(d) by 4:30p.m. EST, on January 20, 2021.

Past Performance Questionnaires (PPQs) are due by 4:30p.m. EST on January 20, 2021.

Questions for this RFP are due by NOON, EST on December 21, 2020. Caution- Late Submissions, Modifications, and Withdrawals, 52.215-1, FAR 15, and NFS 1815. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME

David Eccleston

B. TELEPHONE NO. (NO COLLECT CALLS) C. EMAIL ADDRESS

David.S.Eccleston@nasa.gov

AREA CODE NUMBER EXT.

11. TABLE OF CONTENTS

(X) .SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I – THE SCHEDULE PART II – CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 2 I CONTRACT CLAUSES 21

B SUPPLIES OR SERVICES AND PRICES/COSTS PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT 1 J LIST OF ATTACHMENTS 1

D PACKAGING AND MARKING 1 PART IV – REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 1 K REPRESENTATIONS, CERTIFICATIONS AND 8

F DELIVERIES OR PERFORMANCE 1 OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA 3 L INSTRS., CONDS., AND NOTICES TO OFFERORS 11

H SPECIAL CONTRACT REQUIREMENTS 7 M EVALUATION FACTORS FOR AWARD 7

OFFER (Must be fully completed by Offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the Offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, clause No. 52.232-25)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGMENT OF AMENDMENTS (The Offeror acknowledges receipt of amendments to the SOLICITATION).

For Offerors and related documents numbered and dated:

AMENDMENT NO DATE AMENDMENT NO DATE

15. NAME AND

ADDRESS OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

15B. TELEPHONE NO.

(Include area code)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE – ENTER

SUCH ADDRESS IN SCHEDULE

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN:

(4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

David Eccleston

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT – Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

NSN 7540-01-152-8064

PEVIOUS EDITION NOT USABLE

33-133 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA

PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND COSTS

B.1 SUPPLIES AND/OR SERVICES TO BE PROVIDED

The Contractor shall provide all resources (except as may be expressly stated in the Contract as furnished by the Government) necessary to deliver and/or perform the items in accordance with the Statement of Work (SOW) incorporated as Attachment A entitled, “Statement of Work for B330 MSL Equipment” and any and all Attachments.

B.2 1852.216-78 FIRM FIXED PRICE (DEC 1988)

The total firm fixed price of this contract is $ (TBD)

Contract period is as follows:

Contract Price Summary (Two (2) Years)

CLINS CLINS Description Price

1 Base - Final Design 2 Option 1 - Implementation

Total Price

(End of clause)

[END OF SECTION]

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK (SOW)

C.1 SPECIFICATION/STATEMENT OF WORK

The Contractor shall provide the item or services specified in Section B in accordance with the SOW entitled, ““Statement of Work for Glenn Research Center B330 MSL Equipment” and incorporated as Attachment A.

C.2 GSR 1-1 TECHNICAL DIRECTION (APR 2016)

(a) Performance of the work under this Contract is subject to the technical direction of the Contracting Officer (CO) or the designated Contracting Officer’s Representative (COR).

(b) "Technical direction" means a directive to the Contractor that provides clarification of the Contract’s general description of the scope of work, to include approaches, solutions, designs, refinements or shifts within tasks, or inquiries related to the general tasks and requirements in the statement of work or specifications.

(c) Technical Direction does not include any instruction that--

(1) Constitutes an assignment of additional work outside the statement of work (i.e. “new work”);

(2) Constitutes a change as defined in the Changes clause;

(3) Constitutes a basis for any increase or decrease in the total price, any milestone price, or the time required for performance or delivery;

(4) Changes any of the expressed terms, conditions, or specifications of the Contract;

(5) Interferes with the Contractor's rights to perform the terms and conditions of the Contract; or

(6) Changes any performance-based requirement.

(d) All technical direction will be issued in writing by the CO or the designated COR.

(e) The Contractor shall proceed promptly with the performance of technical direction issued by the CO or COR, unless, in the Contractor's opinion, any instruction or direction falls within any of the categories defined in paragraph (c) of this clause. In the latter event, the Contractor shall not proceed but shall within 5 working days notify the CO in writing of the basis for its opinion. Within 30 calendar days of receiving this notification, the CO will either amend the technical direction, request a proposal for an amendment to the Contract or Task Order, advise the Contractor in writing that the technical direction is considered to be within the limits of this clause and that the Contractor should proceed promptly with its performance, or rescind the technical direction in its entirety.

(f) A failure of the Contractor and CO to agree that the instruction or direction is both within the requirements of the Contract and does not constitute a change under the Changes clause, or a failure to agree upon the Contract action to be taken with respect to the instruction or direction, shall be subject to the Disputes clause of this Contract.

(g) Any action(s) taken by the Contractor in response to any direction given by any person other than the CO or the designated COR shall be at the Contractor's risk.

(End of Clause)

SECTION D – PACKAGING AND MARKING

D.1 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: grc-contracts@mail.nasa.gov

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

SECTION E – INSPECTION AND ACCEPTANCE

E.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

The following Contract clauses pertinent to this section are hereby incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference, which are required to be filled-in by the Government, include only the text of the affected paragraph(s). This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses contained in clause 52.252-2, “Clauses Incorporated by Reference” (FEB 1998), of this Contract.

E.2 52.246-2 INSPECTION OF SUPPLIES—Fixed-Price (AUG 1996)

E.3 52.246-16 RESPONSIBILITY FOR SUPPLIES. (APR 1984)

E.4 GRC 52.246-92 INSPECTION AND ACCEPTANCE (JAN 1987)

Final inspection and acceptance of all work performed under this contract, including all deliverable items will be performed at destination.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

Some of the following Contract clauses pertinent to this section are hereby incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference, which are required to be filled-in by the Government, include only the text of the affected paragraph(s). This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses contained in

F.2 52.211-17 DELIVERY OF EXCESS QUANTITIES. (SEP 1989)

F.3 52.242-15 STOP-WORK ORDER (ALT I) (APR 1984)

F.4 52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)

F.5 52.247-34 F.O.B. DESTINATION. (JAN 1991)

F.6 PERIOD OF PERFORMANCE

The base period of performance of this Contract shall be for 9 months. If exercised, the subsequent Contract option period shall be one, 15 - month option period. If the Government requires performance after the base Contract period, notification to the Contractor of such requirement shall be in accordance with the clause 52.217-9 entitled, "Option to Extend the Term of the Contract."

The maximum period shall normally not exceed five (5) years.

Contract Period Contract Type Months Period of Performance

Base - Phase 1 FFP 9 TBD After Award Option - Phase 2 FFP 15 TBD After Award

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

Some of the following Contract clauses pertinent to this section are hereby incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference, which are required to be filled-in by the Government, include only the text of the affected paragraph(s). This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses contained in

G.2 1852.223-71 AUTHORIZATION FOR RADIO FREQUENCY USE (APR 2015)

G.3 1852.245-78 PHYSICAL INVENTORY OF CAPITAL PERSONAL PROPERTY (AUG

2015)

G.4 1852.227-86 COMMERCIAL COMPUTER SOFTWARE LICENSE (APR 2015)

G.5 1852.232-80 Submission of Vouchers/Invoices for Payment.

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 requests. 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/invoices within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (b) of this section.

(f) Other payment clauses. In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(g) In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate payment request for the amount withheld will be required before payment for that amount may be made.

G.6 1852.232-82 SUBMISSION OF REQUESTS FOR PROGRESS PAYMENTS (MAR1989)

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

(a) In addition to the requirements of the clause at FAR 52.245–1, Government Property, as included in this contract, the Contractor shall comply with the following in performance of work in and around Government real property:

(1) NPD 8800.14, Policy for Real Estate Management.

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

(b) The Contractor shall obtain the written approval of the Contracting Officer before installing or removing Contractor-owned property onto or into any Government real property or when movement of Contractor-owned property may damage or destroy Government-owned property. The Contractor shall restore damaged property to its original condition at the Contractor’s expense.

(c) The Contractor shall not acquire, construct or install any fixed improvement or structural alterations in Government buildings or other real property without the advance, written approval of the Contracting Officer. Fixed improvement or structural alterations, as used herein, means any alteration or improvement in the nature of the building or other real property that, after completion, cannot be removed without substantial loss of value or damage to the premises. Title to such property shall vest in the Government.

(d) The Contractor shall report any real property or any portion thereof when it is no longer required for performance under the contract, as directed by the Contracting Officer.

G.8 GRC 52.245-100 CAPITAL ASSET ACQUISITION (NOV 2015)

The following contract line items have been designated by NASA as capital assets*:

Line Item No. Description Quantity Unit Price Total Price

1 Final Design TBD TBD 2 Option 1 – Implementation TBD TBD

*A capital asset is an item: 1) With a total acquisition cost of $500,000 or more, 2) With an estimated useful life of 2 years or more, 3) Not intended for sale in the contractor’s ordinary course of operations,

4) Acquired and/or constructed by the contractor with the intention of being used, or being available for use, by NASA, and 5) With a greater than 50% likelihood that the item will be used on another program/project(s) that has not yet commenced. (Note: Items and/or services with values less than $500,000 that contribute to the acquisition or increased value of a capital asset (e.g. surveys for real property or components for capital equipment) are also subject to capitalization rules. Generally, NASA will inform the contractor if such items and/or services are classified as capital assets.)

During contract performance, if the contractor determines a need to acquire or fabricate items that may meet the criteria for capital assets beyond those specified above, the contractor shall submit a written request for approval to the contracting officer. Based on internal review, if the items are determined necessary for contract performance and determined to be capital assets, the contracting officer will modify the contract to: 1) Add separate line items to the contract appropriately, and 2) reference those items in paragraph (A) of this clause.

If NASA Contractor Financial Management Reports (NASA Form (NF) 533’s) are required under this contract, the contractor shall report all costs incurred against each identified capital asset on its own report page on the NF 533’s.

The costs incurred for each item designated as a capital asset shall be identified separately on any invoice, voucher, progress payment request, or other authorized payment request submitted by the contractor under this contract.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

Some of the Contract clauses pertinent to this section are hereby incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference, which are required to be filled-in by the Government, include only the text of the affected paragraph(s). This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses contained in clause 52.252-2, “Clauses Incorporated by Reference” (FEB 1998), of this Contract.

H.2 1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP REPORTING (DEC

2015)

(a) Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment. NASA's safety priority is to protect: (1) The public, (2) astronauts and pilots, (3) the NASA workforce (including Contractor employees working on NASA Contracts), and (4) high-value equipment and property.

(b) The Contractor shall take all reasonable safety and occupational health measures in performing this Contract. The Contractor shall maintain an effective worksite safety and health program with organized and systematic methods to—

(1) Comply with Federal, State, and local safety and occupational health laws and with the safety and occupational health requirements of this Contract;

(2) Describe and assign the responsibilities of managers, supervisors, and employees;

(3) Inspect regularly for and identify, evaluate, prevent, and control hazards;

(4) Orient and train employees to eliminate or avoid hazards; and

(5) Periodically review the program's effectiveness. Authorized Government representatives shall have access to and the right to examine the work site and related records under this Contract in order to determine the adequacy of the Contractor's safety and occupational health measures.

(c) The Contractor shall take, or cause to be taken, any other safety, and occupational health- measures the Contracting Officer may reasonably direct. To the extent that the Contractor may be entitled to an equitable adjustment for those measures under the terms and conditions of this Contract, the equitable adjustment shall be determined pursuant to the procedures of the Changes clause of this Contract;

provided, that no adjustment shall be made under this Safety and Health clause +for any change for which an equitable adjustment is expressly provided under any other clause of the Contract.

(d) The Contractor shall immediately notify the Contracting Officer or a designee of any Type A, B, C, or D Mishap, or close calls as defined in NASA Procedural Requirement (NPR) 8621.1, Mishap and Close Call Reporting, Investigating, and Recordkeeping. In addition, service Contractors (excluding construction Contracts) shall provide quarterly reports specifying lost- time frequency rate, number of lost-time injuries, exposure, and accident/incident dollar losses as specified in the Contract Schedule.

(e) The Contractor shall cooperate with any Government-authorized investigation of Type A, B, C, or D Mishaps, or Close Calls reported pursuant to paragraph (d) of this clause by providing access to employees; and relevant information in the possession of the Contractor regarding the mishap or close call.

(f)(1) The Contracting Officer may notify the Contractor of any noncompliance with this clause and specify corrective actions to be taken. When the Contracting Officer becomes aware of noncompliance that may pose a serious or imminent danger to safety and health of the public, astronauts and pilots, the NASA workforce (including Contractor employees working on NASA Contracts), or high value mission critical equipment or property, the Contracting Officer will notify the Contractor orally, with written confirmation. The Contractor shall promptly take corrective action.

(2) If the Contractor fails or refuses to institute prompt corrective action in accordance with subparagraph (f)(1) of this clause, the Contracting Officer may—

(i) Invoke the stop-work order clause in this Contract;

(ii) Require the Contractor to remove and replace Contractor or Subcontractor personnel who fail to comply with or violate applicable requirements of this clause;

(iii) Record the Contractor's failure to comply in the appropriate databases of past performance; and

(iv) Consider the Contractor's failure to comply in any responsibility determination or evaluation of past performance.

(g) The Contractor shall insert the substance of this clause, including this paragraph (g) in all subcontracts above the simplified acquisition threshold when the work will be conducted completely or partly on federally-controlled facilities.

H.3 1852.223-72 SAFETY AND HEALTH (SHORT FORM). (JUL 2015)

H.4 1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY (FEB 2002)

H.5 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 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 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 Glenn Research Center, where the foreign person will have access to export-controlled technical data or software.

(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.

(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.

H.6 1852.242-72 DENIED ACCESS TO NASA FACILITIES (OCT 2015)

(a)(1) The performance of this Contract requires Contractor employees of the prime Contractor or any subcontractor, affiliate, partner, joint venture, or team member with which the Contractor is associated, including consultants engaged by any of these entities, to have access to, physical entry into, and to the extent authorized, mobility within, a NASA facility.

(2) NASA may close and or deny Contractor access to a NASA facility for a portion of a business day or longer due to any one of the following events:

(i) Federal public holidays for federal employees in accordance with 5 U.S.C.

6103.

(ii) Fires, floods, earthquakes, unusually severe weather to include snow storms, tornadoes and hurricanes.

(iii) Occupational safety or health hazards.

(iv) Non-appropriation of funds by Congress.

(v) Any other reason.

(3) In such events, the Contractor employees may be denied access to a NASA facility, in part or in whole, to perform work required by the Contract. Contractor personnel already present at a NASA facility during such events may be required to leave the facility.

(b) In all instances where Contractor employees are denied access or required to vacate a NASA facility, in part or in whole, the Contractor shall be responsible to ensure Contractor personnel working under the Contract comply. If the circumstances permit, the Contracting Officer will provide direction to the Contractor, which could include continuing on-site performance during the NASA facility closure period. In the absence of such direction, the Contractor shall exercise sound judgment to minimize unnecessary Contract costs and performance impacts by, for example, performing required work off-site if possible or reassigning personnel to other activities if appropriate.

(c) The Contractor shall be responsible for monitoring the local radio, television stations, NASA Web sites, other communications channels, for example Contracting Officer notification, that the NASA facility is accessible. Once accessible the Contractor shall resume Contract performance as required by the Contract.

(d) For the period that NASA facilities were not accessible to Contractor employees, the Contracting Officer may—

(1) Adjust the Contract performance or delivery schedule for a period equivalent to the period the NASA facility was not accessible;

(2) Forego the work;

(3) Reschedule the work by mutual agreement of the parties; or

(4) Consider properly documented requests for equitable adjustment, claim, or any other remedy pursuant to the terms and conditions of the Contract.

(e) Notification procedures of a NASA facility closure, including Contractor denial of access, as follows:

(1) The Contractor shall be responsible for monitoring the local radio, television stations, NASA Web sites, and other communications channels, for example Contracting Officer notification, for announcement of a NASA facility closure to include denial of access to the NASA facility. The Contractor shall be responsible for notification of its employees of the NASA facility closure to include denial of access to the NASA facility. The dismissal of NASA employees in accordance with statute and regulations providing for such dismissals shall not, in itself, equate to a NASA facility closure in which Contractor employees are denied access. Moreover, the leave status of NASA employees shall not be conveyed or imputed to Contractor personnel. Accordingly, unless a NASA facility is closed and the Contractor is denied access to the facility, the Contractor shall continue performance in accordance with the Contract.

(2) NASA’s Emergency Notification System (ENS). ENS is a NASA-wide Emergency Notification and Accountability System that provides NASA the ability to send messages, both Agency-related and/or Center-related, in the event of an emergency or emerging situation at a NASA facility.

Notification is provided via multiple communication devices, e.g. Email, text, cellular, home / office numbers. The ENS provides the capability to respond to notifications and provide the safety status.

Contractor employees may register for these notifications at the ENS

Web site: http://www.hq.nasa.gov/office/ops/nasaonly/ENSinformation.html .

H.7 GRC 52.204-96 PERSONAL IDENTITY VERIFICATION (PIV) CARD ISSUANCE

PROCEDURES (AUG 2006)

"PIV Card Issuance Procedures", posted on the World Wide Web at http://www.grc.nasa.gov/WWW/Procure/PIVCardIssuanceProcedures.doc, are incorporated herein by reference and made a part hereof.

These PIV Card Issuance Procedures are in accordance with FAR clause 52.204-9, "Personal Identity Verification of Contractor Personnel" and NASA Procurement Information Circular (PIC) 06-01 entitled "Personal Identity Verification of Contractors," dated January 18, 2006.

H.8 52.236-13 Accident Prevention –Alternate I (Nov 1991)

Alternate I (NOV 1991). If the contract will involve (a) work of a long duration or hazardous nature, or (b) performance on a Government facility that on the advice of technical representatives involves hazardous materials or operations that might endanger the safety of the public and/or Government personnel or property, add the following paragraph (f) to the basic clause:

(f) Before commencing the work, the Contractor shall—

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(1) (2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program. Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

(2) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This Contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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/nfstoc.htm

I.2 52.202-1 DEFINITIONS (NOV 2013)

I.3 52.203-3 GRATUITIES (APR 1984)

I.4 52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)

I.5 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(JUN 2020)

I.6 52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

I.7 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY. (MAY 2014)

I.8 52.203-10 PRICE OF FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY. (MAY 2014)

I.9 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (JUN 2020)

I.10 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

I.11 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

I.12 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (MAY 2011)

I.13 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-

TIER SUBCONTRACT AWARDS (JUN 2020)

I.14 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

I.15 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

I.16 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY

LAB AND OTHER COVERED ENTITIES. (JUL 2018)

I.17 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR

PROPOSED FOR DEBARMENT (JUN 2020)

I.18 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS. (NOV 2015)

I.19 52.210-1 MARKET RESEARCH. (JUN 2020)

I.20 52.211-5 MATERIAL REQUIREMENTS. (AUG 2000)

I.21 52.215-2 AUDIT AND RECORDS – NEGOTIATION (JUN 2020)

I.22 52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT.

(OCT 1997)

I.23 52.215-14 INTEGRITY OF UNIT PRICES (JUN 2020)

I.24 52.217-2 CANCELLATION UNDER MULTIYEAR CONTRACTS. (OCT 1997)

I.25 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020)

I.26 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

I.27 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (MAY 2020)

I.28 52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020)

I.29 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

I.30 52.222-3 CONVICT LABOR (JUN 2003)

I.31 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

I.32 52.222-26 EQUAL OPPORTUNITY (SEP 2016)

I.33 52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

I.34 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

I.35 52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

I.36 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

I.37 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)

I.38 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION -

ALTERNATE I (MAY 2011)

I.39 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I.40 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING (JUN 2020)

I.41 52.225-1 BUY AMERICAN — SUPPLIES (MAY 2014)

I.42 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

I.43 52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)

I.44 52.227-21 TECHNICAL DATA DECLARATION, REVISION, AND

WITHHOLDING OF PAYMENT—MAJOR SYSTEMS. (MAY 2014)

I.45 52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN

1997)

I.46 52.229-3 FEDERAL, STATE, AND LOCAL TAXES. (FEB 2013)

I.47 52.232-1 PAYMENTS. (APR 1984)

I.48 52.232-8 DISCOUNTS FOR PROMPT PAYMENT. (FEB 2002)

I.49 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS. (APR 1984)

I.50 52.232-11 EXTRAS. (APR 1984)

I.51 52.232-16 PROGRESS PAYMENTS. (JUN 2020)

I.52 52.232-17 INTEREST (MAY 2014)

I.53 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

I.54 52.232-25 PROMPT PAYMENT (JAN 2017)

I.55 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR

AWARD MANAGEMENT (OCT 2018)

I.56 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN

2013)

I.57 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

I.58 52.233-1 DISPUTES (MAY 2014) (ALT I) (DEC 1991)

I.59 52.233-3 PROTEST AFTER AWARD (AUG 1996) (ALT I) (JUNE 1985)

I.60 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.61 52.237-2 PROTECTION OF GOVERNMENT BUILDING, EQUIPMENT, AND

VEGETATION (APR 1984)

I.62 52.242-13 BANKRUPTCY (JUL 1995)

I.63 52.243-1 CHANGES—FIXED PRICE. (AUG 1987)

I.64 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2020)

I.65 52.246-24 LIMITATION OF LIABILITY—HIGH-VALUE ITEMS. (FEB 1997)

I.66 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE). (APR 2012)

I.67 1852.228-75 MINIMUM INSURANCE COVERAGE (OCT 1988)

I.68 1852.203-70 DISPLAY OF INSPECTOR GENERAL HOTLINE POSTERS (JUN

2001)

I.69 1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (AUG 2014)

I.70 1852.237-72 ACCESS TO SENSITATVE INFORMATION (JUN 2005)

I.71 52.227-1 AUTHORIZTION AND CONSENT (JUN 2020)

I.72 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (JUN 2020)

I.73 52.227-11 PATENT RIGHTS – OWNERSHIP BY THE CONTRACTOR (MAY

2014)

I.74 1852.227-11 PATENT RIGHTS – OWNERSHIP BY THE CONTRACTOR (APR 2015)

I.75 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)

(DEVIATION)

(a) Definitions. As used in this clause—

Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is—

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

Non-public information means any Government or third-party information that—

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not “impair the employee's ability to act impartially and in the best interest of the Government” is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are—

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from—

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall—

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by—

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee—

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation—

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include—

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for—

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall—

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts—

(1) That exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation

2.101 on the date of…