80GRC022R0012 Draft Request for Proposal_Complete.pdf

80GRC022R0012

The anticipated contract award date is November 10, 2022 with a December 1, 2022 contract effective date. The contract will be performed offsite at the Contractor’s facilities.

In order to control and protect sensitive data owned by the Government and its Contractors, NASA policy requires all acquisition‐related documents be released in Adobe Portable Document Format (PDF).

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.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 Ombudsman for this acquisition is the GRC Center Director.

This DRFP is not a solicitation and NASA is not requesting proposals. This DRFP does not commit NASA GRC to pay any proposal preparation costs, nor does it obligate NASA GRC to procure or contract for this requirement. 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.

Any comments regarding the DRFP should be submitted electronically in writing, to Rita K. Dickens, Contracting Officer, at rita.k.dickens@nasa.gov, within 12 calendar days after the release of this DRFP. If a respondent believes their comments contain confidential, proprietary, competition sensitive, or business information, those questions/comments shall be marked appropriately. However, questions that are marked as containing confidential, proprietary, competition sensitive or business information will not be provided a government response. The Government will consider all comments received in preparation of the Final RFP. To the extent a comment leads the Government to revise the acquisition approach or requirements, the change will be reflected in the Final RFP. Some DRFP questions and comments may receive a posted response to the GPE if the Contracting Officer determines that a response would facilitate additional understanding of the solicitation. The Government may also respond via the GPE to comments and/or questions received following the issuance of the Final Request for Proposal (RFP).

Rita K. Dickens Contracting Officer

Enclosure(s): (1) SF 33 and Draft RFP #80GRC022R0012

ENCLOSURE 1

SF33 and Draft Request for Proposal

RFP 80GRC022R0012 “High‐Speed Endoatmospheric Commercial Vehicle Conceptual Design Study and Technology Roadmaps Development”

(SF33 on following page)

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 1852.216‐78 FIRM FIXED PRICE (DEC 1988)

The total firm fixed price of this contract is $[OFI].

(End of clause)

B.2 Contract Line‐Item Number (CLIN) Structure

CLIN 0001 (Firm Fixed Price) – Research & Development

This CLIN captures all of the tasks listed in the Statement of Work in Section C of the contract.

(End of section)

b) weight

c) environmental compliance (e.g., sonic boom, landing/takeoff noise, and sea level static and cruise emissions)

2) Develop technology roadmaps (with notional timeframes and cost to mature to TRL 6) that identify what advanced technologies can be incorporated into the baseline vehicle concepts to produce advanced vehicle conceptual designs that meet thresholds and goals identified in Task 2.

3) Develop an advanced technology vehicle conceptual design (which potentially incorporates the baseline vehicle in step 1 and advanced technologies in step 2) and assess an advanced vehicle concept for:

a) performance (e.g., maximum range and Mach number, total flight time, fuel usage per passenger mile, etc.)

b) weight

c) environmental impacts (e.g., sonic boom, landing/takeoff noise, and seal level static and cruise emissions)

4) Prioritize the advanced technologies that will need to be developed to achieve the projected performance, weight, and environmental compliance.

5) Provide monthly reporting on the conceptual design and technical road mapping activity to the contract monitors.

Steps 1 and 3 include the following elements:

Following design requirements determined in the earlier market studies and life cycle cost modeling study, develop two or more conceptual design variants for a high‐speed (Mach 2‐5) commercial passenger transport. One variant (see step 1) will be developed exclusively using existing high‐TRL technologies, and another (see step 3) may incorporate low‐TRL technologies or components (such as new engine technologies) that could feasibly be developed (considering certifiability) by 2040. Design objectives shall be based on a combination of performance metrics (e.g., fuel usage per passenger mile, flight time, or range) and environmental metrics related to sonic boom, emissions and LTO noise.

Include sufficient fidelity in the design and analysis to meet accepted standards for detailed conceptual design, and to allow for independent analysis by Government or third parties. In particular, the conceptual design and analysis shall incorporate the following:

o Aerodynamic and propulsion force/moment databases that cover key operational points.

o Aerothermal analysis and thermal management, including cabin environmental control.

o Airframe structural analysis, potentially including thermal deformation effects.

o Packaging, subsystems, and power generation, with consideration for passenger egress and safety. Mitigation strategies for cosmic radiation exposure (particularly for flight crew) may also be considered.

o Mass property estimations.

Task 2: Environmental, Economic, and Societal Barriers Road Mapping

The contractor shall create a roadmap that identifies requirements through 2040 to enable the high‐speed market from the standpoint of addressing environmental, economic, and public acceptance barriers to sustainability. Subtasks include the following steps:

Power and/or thermal management system assumptions, including selection of cycle, architecture diagrams, and key system temperatures and power delivery at key operational points.

Propulsion performance database, including net thrust in units of lbf, air mass flow rate in units of lbm/s, and fuel mass flow rate in units of lbm/s, and throttle setting at key operational points.

Aerodynamic performance database, including lift, drag, and moment coefficients at key operational points.

Aircraft range, optimum altitude, and block time breakdown in units of hours for taxi, takeoff, climb, cruise, descent, and landing.

Aircraft mass properties for maximum takeoff, empty, payload, and propellant weights in units of pounds mass, including breakouts of structure, propulsion, payload, and subsystems.

Aircraft center of gravity position and moments of inertia at key operating points.

Aircraft sideline, lateral, and approach noise assessment in EPNL

Aircraft cruise overpressure noise in PLdB

Aircraft sea level static and cruise emissions reported as indices of CO2, H2O, SOx, and NOx in units of g/kg as well as total mission emissions in units of kg.

Diagrams and/or models of aircraft packaging, including cabin, cockpit, fuel tanks, stowage, major subsystems, and landing gear (stowed and deployed).

Structural layout and design information, including information of primary and secondary structural materials or layups.

Aircraft power requirements at key operational points.

Aircraft concept of operations, including information on assumptions and constraints, modes of nominal and off‐nominal operation, definition of flight phases, nominal climb, cruise, and descent information, flight envelope (e.g., V‐n diagram), ground system requirements, airport requirements (e.g., runway length).

Task 2: Road Mapping

Listing of potential technologies, including dependencies, current TRL, and quantified impact to metrics of interest in Excel format.

Graphical presentation of roadmaps in PowerPoint format.

Tasks 1 – 2 Monthly status presentations in PowerPoint format, presented in a virtual meeting.

One mid‐term presentation in PowerPoint format, presented in either a live or virtual meeting.

Final vehicle conceptual design and technology roadmap written report in Word format

Final vehicle conceptual design and technology roadmap presentation in PowerPoint format, presented in either a live or virtual meeting.

Other Considerations:

Applicable Documents/Background:

The final briefings and reports from the 2020 HTP‐funded market studies are publicly available and can be found on the NASA Technical Reports Server at the following links for the SAIC final report (https://ntrs.nasa.gov/citations/20210015471) and presentation (https://ntrs.nasa.gov/citations/20210015472); and the Deloitte final report (https://ntrs.nasa.gov/citations/20210014711) and presentation (https://ntrs.nasa.gov/citations/20210014932).

The 2019 NASA Aeronautics Strategic Implementation Plan outlines the vision and desired outcomes of planned NASA research.

Standards relevant to the design requirements or analysis of the effort may include but are not limited to:

SAE AIR5715 – Procedure for the Calculation of Aircraft Emissions, SAE ARP876 – Gas Turbine Jet Exhaust Noise Prediction, SAE AS755 – Aircraft Propulsion System Performance Station Designation, SAE AS6502 – Aircraft Propulsion System Performance Nomenclature, SAE AS6508 – Supplemental Propulsion System Performance Station Designation, ASTM D1655 – Standard Specification for Aviation Turbine Fuels, and

ASTM D4054 – Standard Practice for Evaluation of New Aviation Turbine Fuels and Fuel Additives.

Regulations and proposed rulemaking relevant to the design requirements or regulatory gap analysis of the effort may include but are not limited to:

FAA‐2020‐0316 – Noise Certification of Supersonic Airplanes, 14 CFR Part 25 – Airworthiness Standards: Transport Category Airplanes, 14 CFR Part 33 – Airworthiness Standards: Aircraft Engines, 14 CFR Part 34 – Fuel Venting and Exhaust Emission Requirements for Turbine Engine Powered Airplanes, 14 CFR Part 36 – Noise Standards: Aircraft Type and Airworthiness Certification, 14 CFR Part 71 – Designation of Class A, B, C, D, and E Airspace Areas; Air Traffic Service Routes;

and Reporting Points, 14 CFR Part 91 – General Operating and Flight Rules, and

14 CFR Part 121 – Operating Requirements: Domestic, Flag, and Supplemental Operations.

(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.

(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.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.246‐9 INSPECTION OF RESEARCH AND DEVELOPMENT (SHORT FORM) (APR 1984)

E.2 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 52.242‐15 STOP‐WORK‐ORDER (AUG 1989)

F.2 52.242‐17 GOVERNMENT DELAY OF WORK (APR 1984)

F.3 PERIOD OF PERFORMANCE

The period of performance of this contract is 12 months.

F.4 PLACE OF PERFORMANCE – SERVICES

The services to be performed under this contract shall be performed at the following locations(s):

Contractor’s Facility.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 1852.227‐70 NEW TECHNOLOGY – OTHER THAN A SMALL BUSINESS FIRM OR NONPROFIT

ORGANIZATION (APR 2015)

[Included if contractor is other than a small business firm or a nonprofit organization]

G.2 1852.227‐71 REQUESTS FOR WAIVER OF RIGHTS TO INVENTIONS (APR 2015)

[Included if contractor is other than a small business firm or a nonprofit organization]

G.3 1852.227‐72 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND PATENT

REPRESENTATIVE (APR 2015)

[Included if contractor is other than a small business firm or a nonprofit organization]

G.4 1852.232‐80 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT (APR 2018)

(a) The designated payment office is the NASA Shared Services Center (NSSC) located at FMD Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

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

https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at 1‐877‐ NSSC123 (1‐877‐677‐2123) with any additional questions or comments.

Fee vouchers shall be separate submissions from vouchers for cost reimbursement. Credit memos for amounts owed back to NASA shall be separate submissions with the same documentation requirements as (c)(2)(i) below.

(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.

Contractor more than the amount from time to time allotted to the contract, anything to the contrary in the Termination for Convenience of the Government clause notwithstanding.

(c)(1) It is contemplated that funds presently allotted to this contract will cover the work to be performed until [TBD].

(2) If funds allotted are considered by the Contractor to be inadequate to cover the work to be performed until that date, or an agreed date substituted for it, the Contractor shall notify the Contracting Officer in writing when within the next 60 days the work will reach a point at which, if the contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause will approximate 75 percent of the total amount then allotted to the contract.

(3)(i) The notice shall state the estimate when the point referred to in paragraph (c)(2) of this clause will be reached and the estimated amount of additional funds required to continue performance to the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it.

(ii) The Contractor shall, 60 days in advance of the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it, advise the Contracting Officer in writing as to the estimated amount of additional funds required for the timely performance of the contract for a further period as may be specified in the contract or otherwise agreed to by the parties.

(4) If, after the notification referred to in paragraph (c)(3)(ii) of this clause, additional funds are not allotted by the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it, the Contracting Officer shall, upon the Contractor's written request, terminate this contract on that date or on the date set forth in the request, whichever is later, pursuant to the Termination for Convenience of the Government clause.

(d) When additional funds are allotted from time to time for continued performance of the work under this contract, the parties shall agree on the applicable period of contract performance to be covered by these funds. The provisions of paragraphs (b) and (c) of this clause shall apply to these additional allotted funds and the substituted date pertaining to them, and the contract shall be modified accordingly.

(e) If, solely by reason of the Government's failure to allot additional funds in amounts sufficient for the timely performance of this contract, the Contractor incurs additional costs or is delayed in the performance of the work under this contract, and if additional funds are allotted, an equitable adjustment shall be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the items to be delivered, or in the time of delivery, or both.

(f) The Government may at any time before termination, and, with the consent of the Contractor, after notice of termination, allot additional funds for this contract.

(g) The provisions of this clause with respect to termination shall in no way be deemed to limit the rights of the Government under the default clause of this contract. The provisions of this Limitation of Funds clause are limited to the work on and allotment of funds for the items set forth in paragraph (a) of this clause. This clause shall become inoperative upon the allotment of funds for the total price of said work except for rights and obligations then existing under this clause.

(h) Nothing in this clause shall affect the right of the Government to terminate this contract pursuant to the Termination for Convenience of the Government clause of this contract.

H.5 1852.235‐71 KEY PERSONNEL AND FACILITIES (MAR 1989)

(a) The personnel and/or facilities listed below (or specified in the contract Schedule) are considered essential to the work being performed under this contract. Before removing, replacing, or diverting any of the listed or specified personnel or facilities, the Contractor shall—

(1) Notify the Contracting Officer reasonably in advance; and

(2) Submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.

(b) The Contractor shall make no diversion without the Contracting Officer's written consent; provided, that the Contracting Officer may ratify in writing the proposed change, and that ratification shall constitute the Contracting Officer's consent required by this clause.

(c) The list of personnel and/or facilities (shown below or as specified in the contract Schedule) may, with the consent of the contracting parties, be amended from time to time during the course of the contract to add or delete personnel and/or facilities.

*Personnel and Facilities shall be as proposed*

H.6 GRC 1852.235‐74 GRC MODIFICATION TO NFS 1852.235‐74 – ADDITIONAL REPORTS OF WORK –

RESEARCH AND DEVELOPMENT (JAN 2014)

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

(a) Monthly progress reports. The Contractor shall submit separate monthly reports of all work accomplished during each month of contract performance. Reports shall follow the formatting and content guidelines identified in the Statemen of Work in Section C.

(b) Report Format. All reports shall include the contents below.

(i) Cover page containing:

(A) Contract number, Task Order Number (if applicable), and title.

(B) The type of report "Monthly Progress Report", and the period being reported.

(C) Contractor's name, address, and organizational segment generating the report.

(D) Signature of Contractor's cognizant Project Manager (or, if submitted electronically, an unambiguous indicator that the Project Manager has generated/reviewed the report)

(E) Date of issuance.

(F) Inclusion of the following statement: ""Prepared for NASA Glenn Research Center, Cleveland, OH 44135.""

(ii) Section I ‐‐ Technical Progress Summary: A description of the work performed during the report period and the overall technical progress achieved. The current schedule status shall also be addressed in this summary.

(iii) Section II ‐‐ Current Problem(s): A description of any current problem(s) which may impede technical, schedule and/or cost performance, along with proposed corrective action(s). Include an explanation of how the problems could affect the cost and schedule of the reporting categories in the financial and schedular reports if applicable, as well as the effects at the total contract level.

(iv) Section III ‐‐ Risk Management: Include a list of Significant Open Risks and associated Mitigation Plans. Significant Open Risks are those that have the potential to affect major development milestones & goals, such as a delivery delay, a design‐freeze date, a cost ceiling, a safety or health concern, environmental impacts, a technical trade‐off decision, etc. Further guidance, if needed, is available in the following Risk Management reference documents, which are available through the NASA Online Directives Information System (NODIS):

(A) NPR 8000.4, ""Agency Risk Management Procedural Requirements""

(B) GLPR 8000.1, “Risk Management""

(v) Section IV ‐‐ Work Planned: A description of the work to be performed during the next monthly reporting period.

(c) Submission dates. Monthly reports shall be submitted by the 15th day of the month following the month being reported. If the contract is awarded beyond the middle of a month, the first monthly report shall cover the period from award until the end of the following month. The final report shall be submitted within 30 days after the completion of the effort under the contract.

H.7 GRC 52.235‐90 FINAL REPORT – SUPPLEMENTAL REQUIREMENTS (MAY 2018)

The following requirements are in addition to those stated in the Final Scientific and Technical Reports clause (1852.235‐73) of this contract.

(1) In addition to the requirements of NPR 2200.2, Requirements for Documentation, Approval, and Dissemination of NASA Scientific and Technical Information, the format and content of the Final Report shall also follow NASA‐SP‐2015‐7602 ""NASA Publications Guide for Authors"", incorporated herein by reference and made a part hereof. These documents are available at http://www.sti.nasa.gov [Click on ""Tools"" and then “NASA Publication Guide.”

(2) The Contractor shall submit an electronic copy of a DRAFT‐FINAL REPORT to the NASA Contracting Officer’s Representative (COR) within 30 days after completion of the technical effort. The COR's review will address technical accuracy, conformance with applicable law, policy and publication standards, and a determination of the availability and distribution of NASA‐funded documents containing scientific and technical information (STI), via the Web‐based Electronic Document Availability Authorization (E‐ DAA)/NF‐1676B. Acceptance or rejection (in part or in total) of the draft‐final report will be accomplished by NASA within thirty (30) days after receipt. Rejected draft‐final reports shall be resubmitted within 10 working days for review following correction of the cited deficiency, unless otherwise directed by the NASA CO or NASA COR.

(3) Within thirty (30) calendar days after notification of approval of the Contractor's draft‐final report, the Contractor shall distribute the approved Final Report electronically to the COR.

(4) Printing, duplicating, binding and other reproduction required under this contract is subject to the provisions of the Government Printing and Binding Regulations published by the Joint Committee on Printing, Congress of the United States and the clause at NFS 1852.208‐81 entitled ""Restrictions on Printing and Duplicating"".

(5) The Contractor is solely responsible for managing the technical effort, the schedule, and the contract funds to ensure delivery of the Draft‐Final Report and the Final Report on time. Failure to deliver the Final Report as scheduled, or a request that additional funding be provided by the government to ensure delivery of the Final Report, may result in a Performance Evaluation of ""Unsatisfactory” or a reduction in profit/fee equal to the additional cost associated with delivery of the Final Report, or both.

(6) IF THIS IS A TASK ORDER CONTRACT, the Contractor shall comply with this Final Report requirement for every individual Task Order at the time of Task Order completion. However, the Contractor is not required to provide a comprehensive Final Report for the entire contract.

H.8 1852.244‐70 GEOGRAPHIC PARTICIPATION IN THE AEROSPACE PROGRAM (APR 1985)

SECTION I – CONTRACT CLAUSES

I.1 52.202‐1 DEFINITIONS (JUN 2020)

I.2 52.203‐3 GRATUITIES (APR 1984)

I.3 52.203‐5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

I.4 52.203‐6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

I.5 52.203‐7 ANTI‐KICKBACK PROCEDURES (JUN 2020)

I.6 52.203‐8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

I.7 52.203‐10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

I.8 52.203‐12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN

2020)

I.9 52.203‐19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

OR STATEMENTS (JAN 2017)

I.10 52.204‐4 PRINTED OR COPIED DOUBLE‐SIDED ON POSTCONSUMER FIBER CONTENT PAPER

(MAY 2011)

I.11 52.204‐10 REPORTING EXECUTIVE COMPENSATION AND FIRST‐TIER SUBCONTRACT AWARDS

(JUN 2020)

I.12 52.204‐13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

I.13 52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

I.14 52.204‐19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

I.15 52.204‐21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV

2021)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the

Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract

Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real‐time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph ©, in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off‐the‐shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

I.16 52.204‐23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021)

I.17 52.204‐25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part

774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled‐

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of

Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the

Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third‐party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115‐232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115‐232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third‐party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand;

model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

I.18 52.209‐6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021)

I.19 52.209‐9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018)

I.20 52.209‐10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV

2015)

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 (NOV 2021)

I.24 52.215‐17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)

[Included if prospective contractor does not propose facilities capital cost of money in its proposal]

I.25 52.217‐2 CANCELLATION UNDER MULTIYEAR CONTRACTS (OCT 1997)

I.26 52.219‐4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (DEVIATION) (SEP 2021)

I.27 52.219‐8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

I.28 52.219‐9 ALT II SMALL BUSINESS SUBCONTRACTING PLAN (NOV 2021) ‐ ALTERNATE II (NOV

2016)

I.29 52.219‐16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (SEP 2021)

I.30 52.219‐28 POST‐AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)

Long‐term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217‐8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties’ control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long‐term contracts‐

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple‐award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support‐‐table‐size‐standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition—

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service‐disabled veteran‐owned, economically disadvantaged women‐ owned, or women‐owned small business set‐aside or sole‐source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [OFI] is, [OFI] is not a small business concern under NAICS Code 541715 assigned to contract number [TBD].

(2) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small‐disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not a women‐owned small business concern.

(4) Women‐owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women‐owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that—

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [ The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:_____.