80GRC023CA001 CMIST-II REQUEST FOR PROPOSAL Amendment 4 Clean.pdf

CMIST-II Request For Proposals 80GRC023CA001

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Part 1 – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST

B. 1 CONTRACT TYPE

This is a performance-based hybrid contract, with Cost-Plus-Fixed-Fee (CPFF) contract line item number (CLIN) for base services, Firm-Fixed-Price (FFP) CLIN for Program Management

Office for base services, FFP Phase-In period and FFP Indefinite-Delivery, Indefinite-Quantity

(IDIQ) Task Orders.

The CLIN structure and contract types are as follows:

CLIN DESCRIPTION CONTRACT TYPE* Period of

Performance

0001 Phase-In FFP 45 days

0002 Program Management

Office Base (PMO)

FFP 24 Months

0003 Facilities and

Construction

Management Base

CPFF 24 Months

0004 IDIQ- GRC & ATF FFP Up to 5.5 years

0005 IDIQ- Agency-Wide FFP Up to 5.5 years

0006 PMO Option 1 FFP 24 Months

0007 Facilities and

Construction

Management Option 1

CPFF 24 Months

0008 PMO Option 2 FFP 12 Months

0009 Facilities and

Construction

Management Option 2

CPFF 12 Months

00010 PMO Option 3 FFP 6 Months

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0011 Facilities and

Construction

Management Option 3

CPFF 6 Months

*The Government may unilaterally reallocate contract value between CLINs.

* Program Management Office (PMO) is for Base Services. For extenuating circumstance additional PMO could be proposed by Offerors and may be negotiated at the task-order-level for the IDIQs but is not guaranteed (See Section 7 under L.30 VOLUME II – COST/PRICE

PROPOSAL INSTRUCTIONS).

(End of Clause)

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

The total firm fixed price of this contract is $ [Offeror Fill-In (OFI)-Cost].

CLIN Description Period of

Performance

Total Price

0001 Phase-In 45 Days $ [OFI]

0002 PMO 24 Months $ [OFI]

0006 PMO Option 1 24 Months $ [OFI]

0008 PMO Option 2 12 Months $ [OFI]

0010 PMO 6-

Month Option to Extend

6 Months $ [OFI]

0004 IDIQ- GRC &

ATF

5 years 6 months

NTE

$3,300,000

0005 IDIQ- Agency

Wide

5 years 6 months

NTE

$10,000,000

Total 5 years 6 months

$ [OFI]

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B.3 1852.216-74 ESTIMATED COST AND FIXED FEE. (DEC 1991)

The estimated cost of this contract is [OFI-Cost] exclusive of the fixed fee of [OFI-Fee] The total estimated cost and fixed fee is [OFI-Total].

CLIN Description Period of

Performance

Cost Fee Total

0003 (Base) Facilities and

Construction

Management

Base

24 Months $ [OFI] $ [OFI] $ [OFI]

0007 Facilities and

Construction

Management

Option 1

24 Months $ [OFI] $ [OFI] $ [OFI]

0009 Facilities and

Construction

Management

Option 2

12 Months $ [OFI] $ [OFI] $ [OFI]

0011 Facilities and

Construction

Management

6-Month

Option to

Extend

6 Months $ [OFI] $ [OFI] $ [OFI]

Total 5.5 years $ [OFI] $ [OFI] $ [OFI]

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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]. This allotment is for Construction Management, Inspection, Surveying, and Testing (CMIST-II) and covers the following estimated period of performance: [TBD].

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

B.5 SUPPLIES AND/OR SERVICES TO BE PROVIDED

The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver and/or perform the items below in accordance with the Description/Specifications/Statement of Work incorporated as Attachment A –

Statement of Work.

(End of clause)

B.6 Indefinite Delivery Indefinite Quantity (IDIQ) with Firm Fixed Price (FFP) Work

Orders

The Government anticipates that during the life of the contract, additional requirements, which are within the general scope of this contract, but not specifically identified under the Cost Plus

Fixed Fee portion of the contract, will be required in support of NASA’s mission. To accomplish these additional requirements, the Government will issue work orders on a Firm Fixed Price

(FFP) basis for the ordering of these services and supplies agency-wide. Determination will be made at time of work order award.

[End of Section]

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PART I – THE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SPECIFICATION/STATEMENT OF WORK

The Contractor shall provide the item or services specified in Section B in accordance with the following SOW entitled, “Construction, Maintenance, Inspection, Surveying, & Testing Services

(CMIST-II) Statement of Work” and is listed as Attachment A.

To comply with these requirements, all work done shall be in accordance with all Federal, State, and local environmental regulations, NASA Environmental Policy, and the NASA Glenn

Research Center Environmental Programs Manual.

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

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(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.

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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 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%20Traini ng%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 Armstrong Test Facility.

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PART 1 – THE SCHEDULE

SECTION D – PACKAGING AND MARKING

D.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

NOTICE: 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 require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses contained in clause FAR 52.252-2, Clauses Incorporated by Reference, of this contract.

NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES:

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

(End of by Reference Clauses)

D.3 1852.245-74 IDENTIFICATION AND MARKING OF GOVERNMENT

EQUIPMENT. (JAN 2011)

(a) The Contractor shall identify all equipment to be delivered to the Government using

NASA Technical Handbook (NASA-HDBK) 6003, Application of Data Matrix Identification

Symbols to Aerospace Parts Using Direct Part Marking Methods/Techniques, and NASA

Standard (NASA-STD) 6002, Applying Data Matrix Identification Symbols on Aerospace Parts or through the use of commercial marking techniques that: (1) are sufficiently durable to remain intact through the typical lifespan of the property: and, (2) contain the data and data format required by the standards. This requirement includes deliverable equipment listed in the schedule and other equipment when no longer required for contract performance and NASA directs physical transfer to NASA or a third party. The Contractor shall identify property in both machine and human readable form unless the use of a machine readable-only format is approved by the NASA Industrial Property Officer.

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(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

E.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The contractor is responsible for understanding and complying with the entire clause. The full text of the clause is

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1):

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

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

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

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

E.6 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.

E.7 1852.246-71 GOVERNMENT CONTRACT QUALITY ASSURANCE

FUNCTIONS. (OCT 1988)

In accordance with the inspection clause of this contract, the Government intends to perform the following functions at the locations indicated:

In accordance with the inspection clause of this contract and Attachment F - Quality Assurance

Surveillance Plan, the Government reserves the right to perform inspection and audits at any time and any place work is being performed under this contract. Government Quality Assurance

Functions will be performed at the Government’s Facilities.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The contractor is responsible for understanding and complying with the entire clause. The full text of the clause is

F.2 52.242-15 STOP-WORK ORDER. (AUG 1989) ALTERNATE I (APR 1984)

F.3 52.247-34 F.O.B. DESTINATION. (JAN 1991)

F.4 PERIOD OF PERFORMANCE

The base period of performance of this contract (not including any phase-in) shall be for twenty-four (24) months. If exercised, the subsequent contract option periods shall be one twenty-four

(24) month option period and one (1) twelve (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 six (6) months may be awarded while a subsequent support service contract is negotiated.

F.5 PLACE OF PERFORMANCE – SERVICES

The services to be performed under this contact shall be performed at or in support of the following location(s): NASA Glenn Research Center at Lewis Field, Armstrong Test Facility, and any other NASA Centers.

F.6 PHASE-IN AND PHASE-OUT

(a) Contractor Phase-In

The services provided by this order are vital to the Government’s overall effort.

Therefore, continuity of services must be maintained at a consistently high level without disruption. To this end, the Contractor shall conduct an orderly Phase-In of contract activities prior to assumption of responsibility for the effort described in the SOW.

The Total FFP of Phase-In is identified in FAR Clause 1852.216-78. Any costs incurred in excess of this amount shall be unallowable under this or any other Government contract.

(b) Contractor Phase-Out

(1) Prior to contract completion, a successor Contract(s) may be selected to perform the work requirements covered by the SOW. The contractor shall conduct an orderly Phase-Out of all required activities prior to completion of this contract and coordinate with the successor

Contractor to ensure a smooth transition of responsibilities. The Contractor shall remain responsible for the effort covered by the SOW and open base and delivery orders during Phase-

Out activities.

(2) Upon written notice by the Contracting Officer prior to the contract completion date, the Contractor shall conduct Phase-Out activities for up to 3 months in accordance with FAR

52.237-3, Continuity of Services.

[END OF SECTION]

SECTION G – CONTRACT ADMINISTION DATA

G.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The contractor is responsible for understanding and complying with the entire clause. The full text of the clause is

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

G.3 1852.242-73 NASA CONTRACTOR FINANCIAL MANAGEMENT REPORTING.

(NOV 2004)

G.4 1852.245-70 CONTRACTOR REQUESTS FOR GOVERNMENT-FURNISHED

PROPERTY. (AUG 2015)

G.5 1852.245-75 PROPERTY MANAGEMENT CHANGES. (JAN 2011)

G.6 1852.245-78 PHYSICAL INVENTORY OF CAPITAL PERSONAL PROPERTY.

(AUG 2015)

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

G.8 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, MS 39529.

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

https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at

1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.

(c) Payment requests.

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

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

(i) Vouchers.

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

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

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

(D) Progress reports, as required.

(ii) Invoices.

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

(B) Progress reports, as required.

(C) Date goods and services were performed.

(iii) Fee vouchers.

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

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

(C) A clear explanation of the fee calculations.

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

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

(2) The contract includes provisions allowing the contractor to submit vouchers or invoices using the steps for non-electronic payment. 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.9 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.

X (2) Office furniture.

X (3) Property listed in Attachment E.

(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.

X (7) Installation service facilities: GRC/ATF and other NASA facilities.

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.10 52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION

SERVICES (APR 2012)

(a) This Government Property listed in paragraph (e) of this clause is furnished to the

Contractor in an "as-is, where is" condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost

Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense.

The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the

Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.

(e) Government property provided under this clause:

The Government property provided under this clause is identified in clause

1852.245–77 of this contract.

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 below or in Attachment E 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 NASA Glenn

Research Center, NASA Armstrong Test Facility, 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 GRC 1852.245-74 GRC MODIFICATION (04/11) TO 1852.245–74

IDENTIFICATION AND MARKING OF GOVERNMENT EQUIPMENT. (APR

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.

G.13 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.

G.14 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=9501&s=2E

(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 J.1(I1) for template

(B) NF 533Q (Quarterly Contractor Financial Management Report) Refer to attachment J.1(I2) 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.

(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.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The contractor is responsible for understanding and complying with the entire clause. The full text of the clause is

H.2 1852.208-81 RESTRICTIONS ON PRINTING AND DUPLICATING. (NOV 2004)

H.3 1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP REPORTING.

(DEC 2015)

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

(End of By Reference Clauses)

H.5 1852.209-71 LIMITATION OF FUTURE CONTRACTING. (DEC 1988)

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

(b) The nature of these conflicts are that in performing this contract, there are situations where the services performed may give rise to the significant potential organizational conflicts of interest listed below.

(1) The contractor (or its proposed subcontractors), as part of its performance of a

Government contract, has in some sense set the ground rules for another Government contract and could skew future competitions, whether intentionally or not, to their advantage. By virtue of their special knowledge of the agency's future requirements, the contractor or its proposed subcontractors would have an unfair advantage in the competition for those requirements.

(2) There is a concern that the successful contractor or its proposed subcontractor(s), as part of their performance of a Government contract, obtains access to another contractor’s proprietary, business confidential, or financial data and/or non-public Government information, which may provide the firm an unfair competitive advantage in a future competition. The

Contractor shall protect this data/information from unauthorized use and disclosure and agrees not to use it, either directly or indirectly, in any proposals responding to a future Government solicitation.

(3) There is a concern that the successful contractor or its proposed subcontractor(s) judgment and objectivity in performing their contract requirements may be impaired due to the fact that the substance of the contractor’s performance has the potential to affect other interests of the contractor, thereby impairing the contractor’s judgment and objectivity.

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

(1) If the Contractor, through the performance of this contract, is required to develop specifications or statements of 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 or 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 an unfair competitive advantage or potential bias (this time shall not 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 this data remain proprietary or confidential, the Contractor and its subcontractors shall protect this data from authorized use and disclosure and agree not to use this data, either directly or indirectly, in any proposals responding to a future Government solicitation. Similarly, the Contractor and its subcontractors shall protect Government non-public information from unauthorized use and disclosure and agree not to use it, either directly or indirectly, in any proposals responding to a future Government solicitation. If the Contractor and/or its subcontractor are unable to demonstrate adequate protection to ensure that non-public data/information could not be used to improve their competitive position in a future procurement, they will be ineligible for award of the contract resulting from such procurement.

(3) If the Contractor, through the performance of this contract, is required to participate in technical reviews or provide engineering consultation services on its own proposals/quotations, products, or services (or those of its affiliate(s) or competitor(s)) provided under a different contract(s), the Contractor shall be ineligible to perform such work as a prime or subcontractor.

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 GRC at Lewis Field, ATF, or any other NASA installations, 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 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT). (MAR 1989)

(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 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). 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…