80GRC022R0017 - Draft Request for Proposal (DRFP) - ESHMA.pdf

80GRC022R0017 - Environmental, Safety, Health, & Mission Assurance (ESHMA)

PART I – THE SCHEDULE

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J – ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

SECTION M - EVALUATION FACTORS FOR AWARD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SUPPLIES AND/OR SERVICES TO BE PROVIDED

The Contractor shall provide all resources (except as may be expressly stated in the Contract as furnished by the Government) necessary to deliver and/or perform the items in accordance with the Statement of Work (SOW) incorporated as Attachment A entitled, “Environmental, Safety, Health, & Mission Assurance (ESHMA) Support Services”. To accomplish this work, the Contractor shall perform the Contract work as described in the Contract and SOW and via specific tasks that will be defined through the issuance of Task Orders (TOs), in accordance with the clause listed in Section I, 1852.216-80 entitled, “Task Ordering Procedure”.

B.2 1852.216-74 ESTIMATED COST AND FIXED FEE. (DEC 1991)

The estimated cost of this contract is ($TBD) exclusive of the fixed fee of ($TBD). The total estimated cost and fixed fee is ($TBD).

Contract Cost Summary (Five (5) Years) – [TBD on Contract Award]

Phase-In Firm Fixed

Price

Base (24

Months)

Option 1 (24

Months)

Option 2 (12

Months)

6-Month Extension

TOTAL

(Not including 6-month extension)

Estimated Cost

Fixed Fee N/A

IDIQ N/A $6,000,000 $6,000,000 $3,000,000 $1,500,000 $15,000,000

TOTAL

(End of clause)

B.3 This clause is only in reference to the Firm Fixed Price Phase-In period of 45 days.

1852.216-78 FIRM FIXED PRICE. (DEC 1988)

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

B.4 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 $[(TBD) by NASA].

This allotment is for [NASA to insert applicable item number(s), task(s), or work description] and covers the following estimated period of performance: [(TBD) by NASA].

(b) An additional amount of $[(TBD) by NASA] is obligated under this contract for payment of fee.

[END OF SECTION]

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SPECIFICATION/STATEMENT OF WORK (SOW)

The Contractor shall provide the item or services specified in Section B in accordance with the SOW entitled, “Environmental, Safety, Health, & Mission Assurance (ESHMA) Support Services” and incorporated as Attachment A.

C.2 GRC 52.255-90 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.

(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.

C.3 GRC 52.255-91 EMERGENCY PREPAREDNESS AND RESPONSE (NOV 2015)

(a) The Contractor’s obligation may include resolution of unusual or emergency situations. The Contractor may be required to assist NASA, within the general scope of work, in preparation for, or in response to emergencies.

(b) Obligations under this requirement shall only arise when one or more of the criteria at FAR 18.001, enabling NASA to utilize “Emergency Acquisition Flexibilities”, are met.

(c) If the emergency preparedness and response requirements result in changes to the contract, all contract adjustments will be processed in accordance with the Changes clause of this contract.

C.4 GRC 52.255-93 MANDATED AND REQUIRED TRAINING FOR ONSITE

CONTRACTOR AND SUBCONTRACTOR PERSONNEL (FEB 2020)

The contractor shall ensure that its employees performing onsite at the Glenn Research Center and/or Neal A. Armstrong Test Facility complete all federally mandated and Agency/Center required training applicable to the work being performed by those employees. The current mandatory and required training may be found at https://workforce.grc.nasa.gov/ohcm/docs/JC/RequiredTraining/FY19%20Mandatory%20Trainin g%20Website%20Update.xlsx

Contractor personnel will be notified when the various training sessions are available for registration or completion via repeated postings on Inside 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 Neal A. Armstrong Test Facility.

SECTION D - PACKAGING AND MARKING

Clauses incorporated by reference:

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

NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES:

D.1 1852.211-70 PACKAGING, HANDLING, AND TRANSPORTATION. (SEP 2005)

(End of NFS by reference clauses)

D.2 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.

SECTION E - INSPECTION AND ACCEPTANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1):

E.1 52.246-4 INSPECTION OF SERVICES—FIXED-PRICE. (AUG 1996)

E.2 52.246-5 INSPECTION OF SERVICES - COST-REIMBURSEMENT. (APR 1984)

E.3 52.246-15 CERTIFICATE OF CONFORMANCE. (APR 1984)

(End of FAR by reference clauses)

E.4 NASA will take no action to enforce the clause implementing requirements of Executive Order 14042, absent further written notice from the agency, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying Area”). In all other circumstances, NASA will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area. A current list of such Excluded States and Outlying Areas is maintained at https://www.saferfederalworkforce.gov/contractors/

52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors. ENSURING

ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (DEVIATION 21-

03)

(a) Definition. As used in this clause – United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https://www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the micro-purchase threshold, as defined in Federal Acquisition Regulation 2.101, performed in whole or in part within the United States or its outlying areas.

E.5 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

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

F.1 52.242-15 STOP-WORK ORDER. (AUG 1989) ALTERNATE I (APR 1984)

F.2 52.247-34 F.O.B. DESTINATION. (JAN 1991)

F.3 PERIOD OF PERFORMANCE

The base period of performance of this Contract (not including any phase-in) shall be for 24 months. If exercised, the subsequent Contract option periods shall be one 24-month option periods and one 12-month option period beginning on the expiration date of the prior Contract period. If the Government requires performance of services after the base Contract period, notification to the Contractor of such requirement shall be in accordance with the clause 52.217- 9 entitled, "Option to Extend the Term of the Contract." The maximum period shall normally not exceed five (5) years. An additional (6) months may be awarded on a month-by-month basis.

Contract Period Contract Type Months Period of Performance

Phase-In FFP 1.5 45 days prior to award Base CPFF 24 June 12, 2023 – June 11, 2025

Option 1 CPFF 24 June 12, 2025 – June 11, 2027 Option 2 CPFF 12 June 12, 2027 – June 11, 2028

Possible Contract Extension

CPFF 6 June 12, 2028 – December 31, 2028

F.4 PLACES OF PERFORMANCE – SERVICES

The services to be performed under this contact shall be performed primarily at and in support of the following location(s): NASA Glenn Research Center at Lewis Field and Neal A. Armstrong Test Facility. Individual Task Orders shall be performed at and in support of the locations described in the tasks, which may include performance at NASA Headquarters, and any other NASA Center.

SECTION G - CONTRACT ADMINISTRATION DATA

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

G.1 1852.216-75 PAYMENT OF FIXED FEE. (DEC 1988)

G.2 1852.227-70 NEW TECHNOLOGY - OTHER THAN A SMALL BUSINESS FIRM OR

NONPROFIT ORGANIZATION. (APR 2015)

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

PATENT REPRESENTATIVE. (APR 2015)

G.4 1852.242-71 TRAVEL OUTSIDE OF THE UNITED STATES. (DEC 1988)

G.5 1852.242-73 NASA CONTRACTOR FINANCIAL MANAGEMENT REPORTING. (NOV

2004)

G.6 1852.245-70 CONTRACTOR REQUESTS FOR GOVERNMENT-FURNISHED

PROPERTY. (AUG 2015)

G.7 1852.245-75 PROPERTY MANAGEMENT CHANGES. (JAN 2011)

G.8 1852.245-78 PHYSICAL INVENTORY OF CAPITAL PERSONAL PROPERTY. (AUG

2015)

G.9 1852.232-80 SUBMISSION OF VOUCHERS 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, MS39529.

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

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

(c) Payment requests.

(1) The payment periods are stipulated in the payment clause(s) contained in this contract.

(2) Vouchers submitted under cost type contracts and invoices submitted under fixed-price contracts shall include the items delineated in FAR 32.905(b) supported by relevant back- up documentation. Back-up documentation shall include at a minimum, the following information:

(i) Vouchers.

(A) Breakdown of billed labor costs and associated contractor generated supporting documentation for billed direct labor costs to include rates used and number of hours incurred.

(B) Breakdown of billed other direct costs (ODCs) and associated contractor generated supporting documentation for billed ODCs.

(C) Indirect rate(s) used to calculate the amount of billed indirect expenses.

(D) Progress reports, as required.

(ii) Invoices.

(A) Description of goods and services delivered as part of the contract's terms and conditions, including the dates of delivery/performance.

(B) Progress reports, as required.

(C) Date goods and services were performed.

(iii) Fee vouchers.

(A) Listing of all provisionally-billed fee by period or date earned since contract award.

(B) A reconciliation of all billed and earned fee.

(C) A clear explanation of the fee calculations.

(d) Non-electronic payment requests. The Contractor may submit a non-electronic voucher/invoice using the steps for non-electronic payment requests described at https://www.nssc.nasa.gov/vendorpayment, when any of the following conditions are met:

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the contractor.

(2) The contract includes provisions allowing the contractor to submit vouchers or invoices using the steps for non-electronic payment. In such instances the Contractor agrees to submit non-electronic payment requests using the method or methods specified in Section G of the contract.

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

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

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

G.10 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;

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.

(c) The following property and services are provided if checked:

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

X (2) Office furniture (See Attachment K).

X (3) Property listed in Attachment K.

(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.

X (4) Supplies from stores stock.

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

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

(7) Installation service facilities: [None].

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

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

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

X (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.11 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 in Attachment K of this contract 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 GRC 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.

G.12 1852.245-82 OCCUPANCY MANAGEMENT REQUIREMENTS. (SEP 2017)

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

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

(2) 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.

(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.13 GRC 52.242-96 NASA CONTRACTOR FINANCIAL REPORTING - SUPPLEMENTAL

REQUIREMENTS (JUN 2021)

(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 https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=6000&s=1H.

(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

G&A Dollars

COM Dollars

Fee Dollars

Total Cost Plus Fee

(iv) 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) Refer to attachment B-3A for template

(B) NF 533Q (Quarterly Contractor Financial Management Report) Refer to attachment B- 3B for template

(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 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.

(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) Report periods for both the 533M and 533Q and the due date for the 533Q shall be in accordance with the instructions contained in the NPR 9501.2. The due date for the 533M report shall be the earlier of:

(A) 10 working days following the close of the contractor accounting period for the 533Mreport (or)

(B) 5 working days following the issuance of any voucher or invoice for contract operations cost reimbursement or Fee for the invoice service period that coincides or corresponds to the accounting period for the 533M report.

(ix) The Contracting Officer reserves the right to reject or short pay any invoice that exceeds a 533 costed amount for that given time period. These invoices shall not be subject to interest payments under the Prompt Payments clause.

(x) The timely submission of the 533M report is important to the success of NASA’s mission. To accommodate the close of the NASA government fiscal year on September 30, submission of the 533M report in September is critical and early submission may be required up to two weeks prior to normal submission. Exact date to be communicated by the Contracting Officer.

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

Individual/Area No. of Copies

E = Electronic

H = Hard copy Email Address

Contracting Officer (CS) E

Contracting Officer Representative (COR) E

Accounting and Financial

Analysis Division (AFAD) E

(xii) 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.

(3) 533 Supplemental Reporting Schedule

(i) The Contractor shall submit the financial reports listed on the 533 Supplemental Reporting Schedule in the format referenced.

(A) GRC 533 Template – The contractor shall submit this template in addition to the reporting listed in Section (2)

(B) GRC Baseline Template – The contractor shall use the baseline template to satisfy the requirements listed above in Section (a)(1)

(ii) The contractor shall contact AFAD for questions when populating these templates.

(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 Accounting Calendar

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

(ii) The accounting calendar sample will be provided to the contractor after award.

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

G.14 GRC 52.245-99 CAPITAL ASSET ACQUISITION - 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.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

H.1 1852.208-81 RESTRICTIONS ON PRINTING AND DUPLICATING. (NOV 2004)

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

2015)

H.3 1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY. (FEB 2002)

H.4 1852.242-72 DENIED ACCESS TO NASA FACILITIES. (OCT 2015)

H.5 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: (TBD - to be updated at contract award)

(1) Unequal Access to Information: Potential types of requirements which could lead to unequal access to information OCI issues may include (but are not limited to):

(i) Core Technology Research, Development, and Support (SOW Section 3.2)

(A) In supporting requirements under this acquisition, including conducting independent assessments of government projects, the contractor will receive access to non-public government sensitive information and third-party proprietary data, including inventions and software. Based upon performing this work, the contractor will have greater access to project briefings and private industry contributions, which will provide greater insight into emerging areas of interests in research and development related to intelligent systems and flight/space missions.

(2) Biased Ground Rules: Potential types of tasks which could lead to Biased Ground Rules OCI issues may include (but are not limited to):

(i) Core Technology Research, Development, and Support (SOW Section 3.2)

(A) The Contractor may be required to participate within the scope of this section of the Statement of Work, either fully or in part, in requirements identification and specification drafting, statement of work development, benchmarking, and other government activities associated with government procurements (i.e., Request for Proposals, Cooperative Agreement Notices, NASA Research Announcements) where defining scope of future requirements is necessary.

(3) Impaired Objectivity: Potential types of tasks which could lead to Impaired Objectivity OCI issues may include (but are not limited to):

(i) Core Technology Research, Development, and Support (SOW Section 3.2)

(A) The performance of certain potential activities under this section of the statement of work may include benchmarking surveys, proposal review, evaluation and review of engineering design, analysis and testing, or independent verification and validation (IV&V) which could result in the impairment of the contractor’s objectivity if such activities affect entities with which the contractor has a direct or indirect affiliation or competitive posture. IV&V information can be found at https://www.nasa.gov/centers/ivv/services/whativv.html).

(ii) Operational Safety Construction Safety (SOW Section 3.3.2.1)

(A) The Contractor shall support project design reviews, facility hazard assessments, and configuration control related to changes to a GRC facility, including the review of project and contractor Health and Safety Plans (HASPs) which could result in the impairment of the contractor’s objectivity if such activities affect entities with which the contractor has a direct or indirect affiliation or competitive posture.

(iii) Occupational Health, Medical, Fitness and EAP (SOW Section 3.4)

(A) The Contractor shall be involved in support services, access to proprietary information, engineering, hazard assessments, providing technical direction and technical evaluation work including the review of project and contractor Health and Safety Plans (HASPs) which could result in the impairment of the contractor’s objectivity if such activities affect entities with which the contractor has a direct or indirect affiliation or competitive posture that may create an actual or potential conflict of interest. In these cases, where actual or potential organizational conflict of interest may result, some restrictions on Contractor activities may be required.

(B) Environmental (SOW Section 3.1) The Contractor shall support the review of project designs (e.g., construction, research and development) for environmental compliance, conduct environmental compliance inspections/audits, conduct environmental investigations, and lead environmental trainings which could result in the impairment of the contractor’s objectivity if such activities affect entities with which the contractor has a direct or indirect affiliation or competitive posture.

(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 contract.

(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.6 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 [insert name of NASA installation], where the foreign person will have access to export-controlled technical data or software.

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

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

H.7 This clause is only in reference to the Firm Fixed Price Phase-In period of 45 days.

1852.232-77 LIMITATION OF FUNDS (Fixed- Price Contract). (MAR1989)

(a) Of the total price of items TBD through TBD, the sum of $TBD is presently available for payment and allotted to this contract. It is anticipated that from time to time additional funds will be allocated to the contract in accordance with the following schedule, until the total price of said items is allotted:

Schedule for Allotment of Funds

Date Amounts

TBD TBD

(b) The Contractor agrees to perform or have performed work on the items specified in paragraph (a) of this clause up to the point at which, if this contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause would, in the exercise of reasonable judgment by the Contractor, approximate the total amount at the time allotted to the contract.

The Contractor is not obligated to continue performance of the work beyond that point. The Government is not obligated in any event to pay or reimburse the Contractor more than the amount from time to time allotted to the contract, anything to the contrary in the Termination for Convenience of the Government clause notwithstanding.

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

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

(3) (i) The notice shall state the estimated date 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…