80GRC020R0010 Amendment 03.pdf

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80GRC020R0010

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• SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 1852.216-74 ESTIMATED COST AND FIXED FEE. (DEC 1991)

The estimated cost of this contract is $______ exclusive of the fixed fee of $______. The total estimated cost and fixed fee is $______.

Phase-in

Fixed Price

Estimated Cost Fixed Fee IDIQ Total

Phase-in Base Period (24 -months) [CY 1 and 2]

Option 1 (24-months) [CY 3 and 4]

Option 2 (12-months)

[CY 5]

Option to extend services 52.217-8 (6-month extension)

Offeror shall only include Agency Office of CyberSecurity Services (OCSS) in Base Period (24 -months) [CY 1 and 2].

In accordance with Section 3.4 of the Statement of Work the Agency Office of Cybersecurity Services (OCSS) is currently evaluating establishing its own Agency-wide IT support contract.

During the performance period of the PACE V contract, there is a potential that work under section 3.4 of this Statement of Work may migrate to the OCSS contract. The OCSS work will be a contract option in contract years 3, 4, and 5. Reference Appendix Q, Anticipated Cybersecurity Services Moving to Enterprise Contract. Contractor shall provide the following:

Work Area:

Cybersecurity

Estimated Cost Fixed Fee Total

OCSS Cybersecurity Option 1 (CY 3)

Option 2 (CY 4)

Option 3 (CY5)

Option to extend services 52.217-8 (6-month extension)

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(End of clause)

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

The total firm fixed price of this contract is $[Insert the appropriate amount]. This is only applicable to the Fixed Price Phase-in.

B.3 1852.232-81 CONTRACT FUNDING. (JUN 1990)

(a) For purposes of payment of cost, exclusive of fee, in accordance with the Limitation of Funds clause, the total amount allotted by the Government to this contract is $______. This allotment is for [Insert applicable item number(s), task(s), or work description] _____ and covers the following estimated period of performance: _____.

(b) An additional amount of $______ is obligated under this contract for payment of fee.

B.4 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 below in accordance with the Description/Specifications/Statement of Work incorporated as Attachment A – Statement of Work for PROFESSIONAL, ADMINISTRATIVE, COMPUTATIONAL, AND

ENGINEERING SERVICES CONTRACT – V (PACE V).

B.5 Indefinite Delivery Indefinite Quantity (IDIQ) with Firm Fixed Price (FFP) and Cost- Plus Fixed Fee (CPFF) Work Orders

The Government anticipates that during the life of the contract, additional requirements, which are within the general scope of this contract, but not specifically identified under the Cost Plus Fixed Fee portion of the contract, will be required in support of NASA’s mission. To accomplish these additional requirements, the Government will issue work orders either on Firm Fixed Price (FFP) or Cost-Plus Fixed Fee (CPFF) basis for the ordering of these services and supplies. Determination will be made at time of work order award.

END OF SECTION B

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF

WORK

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C.1 Statement of Work Direction

The contractor shall provide the item or services specified in Section B in accordance with the Statement of Work entitled STATEMENT OF WORK FOR PROFESSIONAL, ADMINISTRATIVE, COMPUTATIONAL, AND ENGINEERING SERVICES CONTRACT –

V (PACE V) and incorporated in Attachment A hereto, including any proposed technical and innovation approaches the Government unilaterally incorporates into the Statement of Work.

C.2 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; or

(5) Interferes with the contractor's rights to perform the terms and conditions of the contract.

(6) Changes any performance-based requirement.

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

(b) 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.

(c) 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.

(d) 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.

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C.3 Mandated and Required Training for Onsite Contractor and Subcontractor Personnel

(MAR 2017)

The contractor shall ensure that its employees performing onsite at the Glenn Research Center and/or Plum Brook Station complete all federally mandated and Agency/Center required training applicable to the work being performed by those employees. The current mandatory and required training shall be provided 30 days after contract award.

Contractor personnel will be notified when the various training sessions are available for registration or completion via repeated postings on Today@Glenn as the training sessions are added to the System for Administration, Training, and Educational Resources for NASA (SATERN), and shall complete the training in the manner and within the timeframe specified in the notification.

The contractor shall maintain training records for its onsite employees, and, on an annual basis commensurate with the award date of the contract, provide a compliance report to the Contracting Officer’s Representative (COR), as evidence of completion of all applicable mandatory and required training. Further, the COR may perform random reviews of the contractor’s training records at any time throughout the performance period of the contract.

The COR will report any failure to comply with the above requirements to the Contracting Officer for implementation of corrective and/or performance-based actions.

The contractor shall include the substance of this requirement in all subcontracts involving onsite performance at the Glenn Research Center and/or Plum Brook Station.

(End of Clause)

END OF SECTION C

SECTION D – PACKAGING AND MARKING

D.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION D

Clause(s) D.2 at the beginning of this Section is incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. 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, of this contract.

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D.2 1852.211-70 PACKAGING, HANDLING, AND TRANSPORTATION. (SEP 2005)

D.3 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 (f), in all subcontracts that require delivery of equipment.

D.4 1852.245-75 PROPERTY MANAGEMENT CHANGES (JAN 2011)

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(a) The Contractor shall submit any changes to standards and practices used for management and control of Government property under this contract to the assigned property administrator prior to making the change whenever the change —

(1) Employs a standard that allows increase in thresholds or changes the timing for reporting loss, damage, or destruction of property;

(2) Alters physical inventory timing or procedures;

(3) Alters recordkeeping practices;

(4) Alters practices for recording the transport or delivery of Government property; or

(5) Alters practices for disposition of Government property.

END OF SECTION D

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION E

Clause(s) E.2 through E.4 at the beginning of this Section is incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. 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

E.2 52.246-2 INSPECTION OF SUPPLIES—FIXED-PRICE. (AUG 1996)

E.3 52.246-3 INSPECTION OF SUPPLIES—COST-REIMBURSEMENT. (MAY 2001)

E.4 52.246-4 INSPECTION OF SERVICES—FIXED-PRICE. (AUG 1996)

E.5 52.246-5 INSPECTION OF SERVICES—COST-REIMBURSEMENT. (APR 1984)

E.6 1852.246-72 MATERIAL INSPECTION AND RECEIVING REPORT. (APR 2015)

(a) At the time of each delivery to the Government under this contract, the Contractor shall prepare and furnish a Material Inspection and Receiving Report (DD Form 250 series). The form(s) shall be prepared and distributed as follows: 1

(b) The Contractor shall prepare the DD Form 250 in accordance with NASA FAR Supplement

1846.6. The Contractor shall enclose the copies of the DD Form 250 in the package or seal them in a waterproof envelope, which shall be securely attached to the exterior of the package in the most protected location.

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(c) When more than one package is involved in a shipment, the Contractor shall list on the DD Form 250, as additional information, the quantity of packages and the package numbers. The Contractor shall forward the DD Form 250 with the lowest numbered package of the shipment and print the words “CONTAINS DD FORM 250” on the package.

END OF SECTION E

SECTION F – DELIVERIES AND PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION F

Clause(s) F.2 through F.3 at the beginning of this Section is incorporated by reference, with the same force and effect as if it was given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. 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

F.2 52.211-16 VARIATION IN QUANTITY. (APR 1984)

F.3 52.242-15 STOP-WORK ORDER. (AUG 1989)

F.4 52.242-15 STOP-WORK ORDER. (AUG 1989) - ALTERNATE I (APR 1984)

F.5 PERIOD OF PERFORMANCE

The period of performance shall consist of the following: The Phase-In which shall commence for a period not to exceed sixty (60) days ending on February 1, 2021; a Base period of twenty-four (24) months commencing February 2, 2021; twenty-four (24) month option, and twelve month (12) option period that can be executed in accordance with clause F.5 Option to Extend the Term of the Contract. The total duration of this contract, including the potential six-month extension under clause I.23 Option to Extend Services, shall not exceed 5 years and 6 months.

F.6 PLACE OF PERFORMANCE – SERVICES

The services to be performed under this contact shall be performed at the following location(s):

NASA Glenn Research Center at Lewis Field; NASA Glenn Research Center at Plum Brook Station; the Contractor’s and/or Subcontractor’s Facility (Facilities), and other locations as directed by the Government.

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END OF SECTION F

SECTION G – CONTRACT ADMINISTRATION

G.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION G

Clause(s) G.2 through G.9 at the beginning of this Section are incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. 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, of this contract.

G.2 1852.216-75 PAYMENT OF FIXED FEE. (DEC 1988)

G.3 1852.227-72 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND

PATENT REPRESENTATIVE. (APR 2015)

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

G.5 1852.242-71 TRAVEL OUTSIDE OF THE UNITED STATES. (DEC 1988)

G.6 1852.242-73 NASA CONTRACTOR FINANCIAL MANAGEMENT REPORTING.

(NOV 2004)

G.7 1852.245-70 CONTRACTOR REQUESTS FOR GOVERNMENT-FURNISHED

PROPERTY. (AUG 2015)

G.8 1852.245-70 CONTRACTOR REQUESTS FOR GOVERNMENT-FURNISHED

PROPERTY. (AUG 2015) - ALTERNATE I (AUG 2015)

G.9 1852.245-78 PHYSICAL INVENTORY OF CAPITAL PERSONAL PROPERTY.

(AUG 2015)

G.10 1852.232-80 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT (APR

2018)

(a) The designated payment office is the NASA Shared Services Center (NSSC) located at FMD

Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

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

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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.

(i) 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.

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(e) Improper vouchers/invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in a voucher/invoice within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (b) of this section.

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

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

G.11 1852.245-71 INSTALLATION - ACCOUNTABLE GOVERNMENT PROPERTY.

(JUN 2018)

(a) The Government property described in paragraph (c) of this clause may be made available to the Contractor on a no-charge basis for use in performance of this contract. This property shall be utilized only within the physical confines of the NASA installation that provided the property unless authorized by the Contracting Officer under (b)(1)(iv). Under this clause, the Government retains accountability for, and title to, the property, and the Contractor shall comply with the following:

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

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

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

• NASA Procedural Requirement (NPR) 4310.4, Identification and Disposition of NASA Artifacts;

• Notify the cognizant property custodian, Contracting Officer’s Representative (COR), and the Installation Security Officer immediately if theft of Government property is suspected or property cannot be located;

• Identify Government property equipment that is no longer considered necessary for performance of the contract;

• Ensure that equipment is turned in to the Property Disposal Officer through the cognizant property custodian when no longer needed. This is the only acceptable procedure for disposal of Government property;

• Do not relocate Government property within Government premises or remove Government property from Government premises without written approval;

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• Ensure that Government property, including property leased to the Government, is used only for the purposes of performing the contract;

• Ensure that Government property is protected and conserved;

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

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

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

(b)

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

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

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

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

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

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

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(c) FOR ONSITE PERSONNEL ONLY the following property and services are provided:

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

(2) Office furniture.

(3) Property listed in “Not Applicable.”

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

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

(4) Supplies from stores stock.

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

(6) Safety and fire protection for Contractor personnel and facilities.

(7) Installation service facilities: IT Services through the NASA End-User Services and

Technologies (NEST) contract, Motor Pool (as authorized by CO or COR), Child care (Under similar terms and conditions applied to GRC civil servants); Fitness center (Under similar terms and conditions applied to GRC civil servants).

(8) Medical treatment of a first-aid nature for Contractor personnel injuries or illnesses sustained during on-site duty.

(9) Cafeteria privileges for Contractor employees during normal operating hours.

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

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

G.12 1852.245-73 FINANCIAL REPORTING OF NASA PROPERTY IN THE CUSTODY

OF CONTRACTORS. (JAN 2017)

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

NASA.

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

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

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

(c)

(1) The annual reporting period shall be from October 1 of each year through September

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

(2) Some activity may be estimated for the month in which the report is submitted, if necessary, to ensure the NF 1018 is received when due. However, contractors’ procedures must document the process for developing these estimates based on planned activity such as planned purchases or NASA Form 533 (NF 533) Contractor Financial Management Report) cost estimates. It should be supported and documented by historical experience or other corroborating evidence, and be retained in accordance with FAR Subpart 4.7, Contractor Records Retention. Contractors shall validate the reasonableness of the estimates and associated methodology by comparing them to the actual activity once that data is available, and adjust them accordingly. In addition, differences between the estimated cost and actual cost must be adjusted during the next reporting period. Contractors shall have formal policies and procedures, which address the validation of NF 1018 data, including data from subcontractors, and the identification and timely reporting of errors. The objective of this validation is to ensure that information reported is accurate and in compliance with the NASA FAR Supplement. If errors are discovered on NF 1018 after submission, the contractor shall contact the cognizant NASA Center Industrial Property Officer (IPO) within 30 days after discovery of the error to discuss corrective action.

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

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

Such reserve shall be withheld until the Contracting Officer has determined that NASA has received the required reports. The withholding of any amount or the subsequent payment thereof shall not be construed as a waiver of any Government right.

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

G.13 1852.245-76 LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO

FAR 52.245–1. (JAN 2011)

For performance of work under this contract, the Government will make available Government property identified below on a no charge-for-use basis pursuant to the clause at FAR 52.245-1, Government Property, as incorporated in this contract. The Contractor shall use this property in the performance of this contract at [see clause F.5] and at other location(s) as may be approved by the Contracting Officer. Under FAR 52.245-1, the Contractor is accountable for the identified property.

Attachment P – Government Furnished Property

G.14 1852.245-82 OCCUPANY 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) NPD 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.

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(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.15 1852.245-83 REAL PROPERTY MANAGEMENT REQUIREMENTS. (JAN 2011)

(a) In addition to the requirements of the FAR Government Property Clause incorporated in this contract (FAR 52.245–1), the Contractor shall comply with the following in performance of any maintenance, construction, modification, demolition, or management activities of any Government real property:

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

(2) NPR 8831.2, Facility Maintenance Management.

(b) Within 30 calendar days following award, the Contractor shall provide a plan for maintenance of Government real property provided for use under this contract. The Contractor’s maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the Contracting Officer the need for replacement and/or capital rehabilitation. Upon acceptance by the Contracting Officer, the program shall become a requirement under this contract.

(c) Title to parts replaced by the Contractor in carrying out its normal maintenance obligations shall pass to and vest in the Government upon completion of their installation in the facilities.

The Contractor shall keep the property free and clear of all liens and encumbrances.

(d) The Contractor shall keep records of all work done to real property, including plans, drawings, charts, warranties, and manuals. Records shall be complete and current. Record of all transactions shall be auditable. The Government shall have access to these records at all reasonable times, for the purposes of reviewing, inspecting, and evaluating the Contractor’s real property management effectiveness. When real property is disposed of under this contract, the Contractor shall deliver the related records to the Government.

(e) The Contracting Officer may direct the Contractor in writing to reduce the work required by the maintenance program authorized in paragraph (b) of this clause at any time.

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G.16 GRC 52.242-96 NASA CONTRACTOR FINANCIAL REPORTING -

SUPPLEMENTAL REQUIREMENTS. (NOV 2012)

(a) The following reporting requirements are associated with those stated in the NASA

Contractor Financial Management Reporting clause (1852.242-73) of this contract, and NPR 9501.2, NASA Contractor Financial Management Reporting. NPR 9501.2 may be accessed through the NODIS Library at http://nodis3.gsfc.nasa.gov/.

(1) Approved Contract Baseline

(i) Within thirty (30) working days after the contract effective date, the Contractor shall provide a summary page(s) to the Contracting Officer (CO) and Contracting Officer’s Representative (COR), showing each reporting category as budgeted on a month-by-month basis for the duration of the work effort (Optional work efforts shall be separately summarized and Fiscal Years shall be subtotaled).

(ii) The corresponding monthly amounts on this summary shall be the amounts appearing in the “Planned” columns (7b and 7d) of each month’s NF 533 as reported during the duration of the work effort.

(iii) The following cost categories are required to appear in the “Contract Value” column (9b) of the NF 533. No amounts shall accrue against any cost category not listed herein, unless authorized in writing by the CO (Email is sufficient).

Variations in format or organization are authorized, as long as they conform to the contract reporting requirements.

Direct Labor Hours ________________

Direct Labor Dollars ________________

Labor Overhead/Fringe Dollars ________________

Material Dollars ________________

Material Overhead Dollars ________________

Other Direct Cost Dollars

- Travel ________________

- Freight ________________

- Equipment ________________

- Training ________________

Subcontract Dollars ________________

Other Indirect Dollars ________________

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G&A Dollars ________________

COM Dollars ________________

Fee Dollars ________________

Total Cost Plus Fee ________________

(i) In the event of a revision to the work effort, the Contractor shall provide a revised month-by-month summary within 15 working days after the revision is approved.

(2) Monthly and Quarterly NF 533 Reports

(i) The Contractor shall submit the following financial reports:

(A) NF 533M (Monthly Contractor Financial Management Report)

(B) NF 533Q (Quarterly Contractor Financial Management Report)

(ii) Upon written request, the CO may authorize an alternative format that provides substantially the same level of detail as the required NF 533(s), but is more compatible with the Contractor's standard accounting/reporting format.

(iii) The report(s) shall be prepared in accordance with the instructions contained in contract clause 1852.242-73 and NPR 9501.2, and on the reverse of the forms.

Additionally, any contract requirements identified as Capital Assets have special reporting requirements, which are specified in the “Capital Asset Acquisition” clause of this contract. Column 7b Cost Incurred/Hours Worked During Month Planned and 7d Cost Incurred/Hours Worked Cum. to Date Planned of the NF 533 M represent the negotiated baseline plan plus authorized changes for the contract. There may not be a direct relationship between the estimates provided in section 8 (Estimated Cost/Hours to Complete) of the NF 533 M and columns 7b and 7d. Columns 7b and 7d represent the negotiated baseline plan plus authorized changes, unlike the estimates provided in columns 8a, 8b, and 8c. Data in section 8 should not be simply a restatement of the baseline values.

(iv) The cost categories for the monthly and quarterly reports are the same as those specified in paragraph (a)(1)(iii) above.

(v) The Contractor shall provide a narrative explanation for any variance listed in the table below that exceeds the listed threshold. The explanation shall be provided as a footnote on the NF 533 report page, or included in a variance explanation table attached to the NF 533 report, and shall be detailed by cost category. The explanation shall include the cause of the variance, its impact on

21 | P a g e contract completion within the estimated cost, and the corrective action taken or proposed to be taken by the Contractor.

VARIANCE REPORTING REQUIREMENTS

Title of Variance

Definition Threshold

Actual vs.

Estimated Cost

Any variance at the total contract level between a previous estimated month-specific expenditure and the actual expenditure reported for the same month. For example: The March 533M reported an estimated total contract expenditure for April of $100K, and subsequent April 533M reported actual total contract costs of $88K, which is a variance of 12%

10%

Actual vs.

Planned to Date

Any variance at the total contact level between the planned cost to date and the actual cost to date

The lesser of 10% or $100K

Contractor Final Estimate

vs. Contract Value

Any variance at the total contract level between the contractor’s current final cost estimate and the current contract value.

The lesser of 5% or $100K

(Additional variance reporting requirements may be added at the discretion of the Contracting Officer)

(vi) IF THIS IS A TASK ORDER CONTRACT:

(A) The Contractor shall submit one set of monthly reports that summarize the entire contract at the Task Order Level (total hours/dollars per Task Order), and monthly reports showing cost detailed by the individual cost categories identified in paragraph (a)(1)(iii) above, for each active Task Order and for the total contract effort.

(B) If the contract includes identified capital asset expenditures, each capital asset shall be reported on its own report page. The level of reporting detail for capital assets shall be equal to the separate reporting for Task Orders under the contract.

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(vii) Report periods and submittal dates shall be in accordance with the instructions contained in NPR 9501.2. All reports shall include the signature of the Contractor party responsible for the information on the reports.

(viii) Reports shall be submitted electronically and/or in hardcopy format, in the number of copies, and to the individuals/areas indicated below:

Individual/Area No. of Copies E = Electronic H = Hard copy

Mail Stop Email Address

CO TBD TBD TBD

COR TBD TBD TBD

Accounting and Financial Analysis Division (AFAD)

TBD TBD TBD

(ix) Late, Inaccurate, or Incomplete Reports may result in the following penalties:

(A) Payment withheld until compliance is demonstrated,

(B) Negative Contractor Performance Assessment ratings, and/or

(C) Reduction in award fee.

(b) The following reporting requirements are in addition to those stated in the NASA Contractor Financial Management Reporting clause (1852.242-73) of this contract, and NPR 9501.2, NASA Contractor Financial Management Reporting.

(1) Contractor Headcount Reports

(i) Each fiscal year quarter (December 31, March 31, June 30 and September 30), the contractor shall prepare a report that shows, for each reporting category that includes labor costs, the total onboard headcount (including WYEs) by labor category. Program management staff shall be listed separately. The headcount is total staffing including recurring subcontract support included as direct labor in the NF533

(ii) The report shall be prepared in the sample format provided in Attachment E(e), Contractor Headcount Report, to this contract.

(iii) The report shall be submitted electronically to the CO no later than fifteen (15) work days after the close of the fiscal year quarter end date.

(2) Contractor Accounting Calendar

(i) The contractor shall prepare an accounting calendar for the life of the contract (base period plus all option periods).

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(ii) The accounting calendar shall include the data categories shown in Attachment E(c), Sample Contractor Accounting Calendar, to this contract.

(iii) The accounting calendar shall be submitted electronically to the CO within fifteen (15) working days after the contract effective date.

G.17 GRC 52.245-99 Capital Asset Acquisition – Indefinite Delivery, Indefinite Quantity (IDIQ) Contracts (NOV 2015)

A. When any task/delivery order issued under this contract includes a requirement for capital assets* the contracting officer will identify those items as such and create separate line items for them on the task/delivery order.

*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.)

B. During contract performance, if the contractor determines a need to acquire or fabricate an item that may meet the criteria for capital asset, the contractor shall submit a written request for approval to the contracting officer. Based on internal review, if the item is determined necessary for contract performance and determined to be a capital asset, the contracting officer will either: 1) Issue a new task/delivery order for the capital asset, or

2) Modify an appropriate existing task/delivery order to add a separate line item for the capital asset.

C. 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.

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

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G.18 USE OF NASA INFORMATION AND INFORMATION SYSTEMS WHILE

OUTSIDE OF THE U.S. AND TERRITORIES, SUPPLEMENTAL TO NFS 1852.242-71

Contractor shall comply with NASA Interim Directive 2810-107 entitled “Use of NASA Information and Information Systems while Outside of the U.S. and Territories” which can be located online at http://nodis3.gsfc.nasa.gov/OPD_docs/NID_2810_107_.pdf.

END OF SECTION G

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION H

Clause(s) H.2 through H.6 at the beginning of this Section are incorporated by reference, with which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for

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

(DEC 2015)

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

ALTERNATE I (FEB 2006)

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

H.7 1852.209-71 LIMITATION OF FUTURE CONTRACTING. (DEC 1988)

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

(b) The nature of this conflict is: The Contractor may be asked to prepare specifications, advise on specifications, consult on Government Statements of Work, or otherwise perform duties

25 | P a g e that could lead to a potential unfair competitive advantage on future Government procurements as described in FAR 9.505(b).

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

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

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

H.8 1852.225-70 EXPORT LICENSES. (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR parts 120-130, and the Export Administration Regulations (EAR), 15 CFR parts 730-799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.

(b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at NASA 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.

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H.9 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.10 GRC 52.223-98 WASTE REDUCTION REPORTING. (FEB 2017)

In addition to the requirements of FAR clause 52.223-10, Waste Reduction Program, the Contractor’s program shall also comply with the NASA Glenn Research Center Environmental Program Manual. Both the FAR 23.403 and NPR 8530.1 require that Government purchases of products designated in the EPA’s Comprehensive Procurement Guideline (CPG) contain the specified amount of recovered materials unless a request for waiver or justification documentation has been processed.

The Contractor shall submit an annual report about its progress in promoting and implementing cost effective waste reduction and sustainable acquisition practices under this contract, for the applicable products designated in CPG. A complete listing of all categories and products can be found at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The reporting period shall be from October 1 of each year through September 30 of the following year. The report shall be submitted by December 15, with one copy directed to the Contracting Officer and one copy directed to the GRC Environmental Management Office.

H.11…