RIV RFP (Section B-M)_11-07-19.pdf

RAPID IV RFP #80GSFC19R0016

SECTION B - SUPPLIES OR SERVICES AND PRICES

B.1 GSFC 52.211-90 SUPPLIES AND/OR SERVICES TO BE PROVIDED (SEP 2017)

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 Statement of Work (SOW), incorporated as Attachment A, and Delivery Orders issued hereunder.

Item

Description Reference Schedule Delivery Method/ Addressee(s)

1 a) Core Spacecraft including all associated hardware, software, services and documentation (TBP)

b) Additional Core Spacecraft (Any additional Core Spacecraft proposed shall be numbered as 1b, 1c, etc. The Offeror shall provide the description for each individual Core Spacecraft proposed

Attachment A, SOW As Required in Clause F.6

As Defined in Attachment A, SOW and Clause F.5 GSFC 52.247-95

2 Services and Deliverables in accordance with Delivery Orders Issued and the SOW

As Defined in Individual Delivery Orders Issued

As Specified in Individual Delivery Orders Issued

As Defined and Specified in Individual Delivery Orders Issued

3 Core Spacecraft Mission Specific Modifications

Attachment A, SOW, Section 4.1.3 and Delivery Order (DO) requirements

As Specified in Attachment A, SOW

As Defined in Attachment A, SOW

4 Mission Specific Non- Standard Services

Attachment A, SOW, Section 4.2.1 and the DO requirements

As Specified in Attachment A, SOW

As Defined in Attachment A, SOW

5 Non-Mission Specific Non-Standard Services

Attachment A, SOW, Section 4.2.2 and the DO requirements

As Specified in Attachment A, SOW

As Defined in Attachment A, SOW

6 Non-Mission Specific Hardware

Attachment A, SOW, Section 4.2.3 and the DO requirements

As Specified in Attachment A, SOW

As Defined in Attachment A, SOW

7 Flight Software, Source Code and Software

Attachment A, SOW, As Specified in Attachment A, SOW

As Defined in Attachment A, SOW

Development and Maintenance System

Section 4.3.6 and the DO requirements

8 CDRL Documentation Section J, Attachment C, Contract Data Requirements List

(CDRL)

As Specified in Section J, Attachment C, CDRL Section 1.2

As Defined in Section J, Attachment C, CDRL Section 1.4 & 1.5

9 Spacecraft Interface Simulator

Attachment A, SOW, Section 4.3.4.2 and the DO requirements

As Defined in Attachment A, SOW

As Defined in Attachment A, SOW

10 Small Business Subcontracting Plan Reporting

Section H

GSFC 52.219-90;

Section I

NFS 1852.219-75;

(This clause is applicable when a subcontracting plan is required.)

ISR–Semi-Annual (April 30th and October 30th) and Final SSR–Annual

(October 30th) (Required at the DO Level)

Electronic Format/ Electronic Subcontract Reporting System (eSRS) http://www.esrs.gov

11 Reporting of Inventions Section G

NFS 1852.227-70;

Section G

NFS 1852.227-72;

Section I

FAR 52.227-11

(This clause only applies to small business firms or nonprofit organizations.)

Interim Reports Every 12 Months (or sooner to preserve Patent Rights) and Final Report within 3 Months after Contract Completion (Required at the DO Level)

Electronic or Hard Copy Format/New Technology Representative or Patent Representative

12 Financial Report of NASA Property in the Custody of Contractors

(NF 1018)

Section G

NFS 1852.245-73

Annual Report by October 15th and Final Report (Required at the DO Level)

NF 1018 Electronic Submission System

(NESS)

13 Supplemental Financial Report of NASA Property in the Custody of Contractors

Section G

GSFC 52.245-99

Monthly By the 21st of each Month and Final Report

Contractor-Held Asset Tracking System (CHATS) at https://chats.nasa.gov

14 Material Inspection and Receiving Reports (MIRR) (DD Form 250)

Section E

NFS 1852.246-

72;Section E

GSFC 52.246-94

At Time of Delivery Hard Copy/CO, COR, and Receiving & Inspection

15 Physical Inventory of Capital Personal Property Reporting

Section G

NFS 1852.245-78

Within 10 Days of Annual Physical Inventory

Property Administrator

16 IT Security Management Plan

Section I

NFS 1852.204-76

30 Days after Delivery Order Effective Date & Annual Updates As

Electronic Format/CO http://www.esrs.gov/ https://chats.nasa.gov/

Required 17 Safety & Health

Reporting Section H

NFS 1852.223-75

As Required CO

18 Spacecraft Image File Section H H.13, Attachment I

30 Days after Contract Award

Electronic Format/CO

19 Organizational Conflicts of Interest (OCI) Avoidance Plan

Section I

NFS 1852.237-72

Required with Submittal of Delivery Order Proposal

Electronic Format/CO

20 Equal Opportunity Reports

Section I

FAR 52.222-26

As Specified by

FAR 52.222-26

Electronic Format/CO & Code 120

21 Spacecraft Summary Data Sheet

Section H H.13, Attachment J

30 Days after Contract Award

Electronic Format/CO

22 Core System Performance Characteristics & Subsystem Details

Section H H.13, Attachment K

30 Days after Contract Award

Electronic Format/CO

23 Service Contract Reporting

Section I

FAR 52.204-15

Annually by October 31 and Revisions, if needed, by November 30 https://www.sam.gov

TBP = To be Proposed

NOTES: Unless otherwise specified, “day” means “calendar day”.

Transportation Classification: Transportation Classifications designations, in accordance with Clause D.1, for deliverables under Item 1, 2, 3, 6, 7 and 9 will be specified in each individual delivery order at the time of delivery order issuance. Deliverables under Items 4, 5, 8 and 10-23 unless specified (electronic format, etc.), are considered Class IV and shall be shipped via the most advantageous commercial transportation means considered to be in the best interest of the Government.

(End of clause)

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

The total firm fixed price of this contract is $ To Be Negotiated Under Each Delivery Order.

B.3 GSFC 52.216-92 MINIMUM/MAXIMUM AMOUNT OF SUPPLIES OR SERVICES

(FIXED PRICE) (APR 2008)

(a) The minimum amount of supplies or services that shall be ordered during the effective period of this contract is $500. The maximum amount of supplies or services that may be ordered during the effective period of this contract is $4 Billion.

https://www.sam.gov/

(b) All orders placed under this contract will be applied to the minimum and maximum specified above.

(c) The maximum amount may be adjusted unilaterally by the Government on an as needed basis. Historic, current, and/or projected workload requirements will be used to determine the amount of upward adjustment. In no event will the adjusted maximum amount exceed 25% of the original maximum amount.

B.4 GSFC 52.217-90 OPTION TO EXTEND (SEP 2013)

In accordance with FAR clause 52.217-9, "Option to Extend the Term of the Contract" of this contract, the Contracting Officer may exercise the following option(s) by issuance of a unilateral contract modification. Options exercised shall be in accordance with the following:

Option Effective Ordering Period IDIQ Maximum

Five (5) years commencing at the end of the base contract period for a total effective ordering period of ten

(10) years.

Increased by $2B for a Total Maximum Limitation

Amount of $6 Billion

B.5 RESERVED

[END OF SECTION B]

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 GSFC 52.211-91 SCOPE OF WORK. (FEB 2016)

The Contractor shall provide the personnel, materials, and facilities, except as otherwise specified in this contract, necessary to perform the work and to furnish the items specified in the Supplies and/or Services To Be Provided clause of this contract in accordance with the Statement of Work, Attachment A; Rapid IV Contract Data Requirements List, Attachment C; and delivery orders issued hereunder.

C.2 GSFC 52.227-90 LIMITED RIGHTS DATA OR RESTRICTED COMPUTER

SOFTWARE (MAR 2008)

In accordance with the delivery requirements of this contract, all software data rights shall be delivered in accordance with the Rights in Data – General clause, specified elsewhere in this contract, except for the following:

TBP

[END OF SECTION C]

SECTION D - PACKAGING AND MARKING

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

(a) The Contractor shall comply with NASA Procedural Requirements (NPR) 6000.1, “Requirements for Packaging, Handling, and Transportation for Aeronautical and Space Systems, Equipment, and Associated Components”, as may be supplemented by the statement of work or specifications of this contract, for all items designated as Class I, II, or III.

(b) The Contractor's packaging, handling, and transportation procedures may be used, in whole or in part, subject to the written approval of the Contracting Officer, provided (1) the Contractor's procedures are not in conflict with any requirements of this contract, and (2) the requirements of this contract shall take precedence in the event of any conflict with the Contractor's procedures.

(c) The Contractor must place the requirements of this clause in all subcontracts for items that will become components of deliverable Class I, II, or III items.

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:

Goddard Space Flight Center Building 35, Code 279 Greenbelt, MD 20771

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

[END OF SECTION D]

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E CLAUSES INCORPORATED BY REFERENCE

E.1 52.246-2 INSPECTION OF SUPPLIES - FIXED-PRICE (AUG 1996)

E.2 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

E.3 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

(a) The Contractor shall comply with either of the higher-level quality standard(s) listed below.

TITLE NUMBER DATE

ANSI/ISO/ASQC Q9001 Q9001 2015

SAE AS9100 AS9100D 2016

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in—

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require—

(i) Control of such things as design, work operations, in-process control, testing, and inspection;

or

(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

E.4 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:

Item Quality Assurance Function Location

TBD TBD TBD

E.5 1852.246-72 MATERIAL INSPECTION AND RECEIVING REPORT (APR 2015)

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

Via mail and marked "Advance Copy", one copy each to the Contracting Officer, the Contracting Officer's Representative (if designated in the contract), and to the cognizant Administrative Contracting Officer, if any.

Via mail, the original and 1 copy (unfolded) to the shipment address (delivery point) specified in Section F of this contract. Mark the exterior of the envelope "CONTAINS DD FORM 250". This must arrive prior to the shipment.

With shipment in waterproof envelope (one copy) for the consignee.

If the shipment address is not directly to the Goddard Space Flight Center (Greenbelt) or GSFC/Wallops Flight Facility (Wallops) central receiving areas, then one copy of the DD Form 250 must be provided (via mail) to one on the following addresses depending upon whether this contract is with GSFC Greenbelt or GSFC/WFF Wallops:

Receiving and Inspection (Code 279), Goddard Space Flight Center, Greenbelt, MD 20771.

Receiving and Inspection (Bldg. F16), Wallops Flight Facility, Wallops Island VA 23337.

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

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

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

E.6 2.246-4 INSPECTION OF SERVICES—FIXED-PRICE (AUG 1996)

(a) Definitions. Services, as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

E.7 GSFC 52.246-94 MATERIAL INSPECTION AND RECEIVING REPORT NOT

REQUIRED (APR 1989)

NASA FAR Supplement clause 1852.246-72 of this contract requires the furnishing of a Material Inspection and Receiving Report (MIRR) (DD Form 250 series) at the time of each delivery under this contract. However, a MIRR is not required for the following deliverable items:

Services Rendered and Reports/Documentation: Clause B.1, for deliverables under items 4, 5, 8 and 10-23.

E.8 GSFC 52.246-102 INSPECTION SYSTEM RECORDS (APR 2013)

The Contractor shall maintain records evidencing inspections in accordance with the Inspection clause of this contract for six (6) years after delivery of all items and/or completion of all services called for by the contract and the delivery order.

E.9 TITLE TO MISSION SPACECRAFT

(a) Title to the mission spacecraft furnished under this contract shall pass to the Government upon final acceptance, in accordance with Clause H.10, regardless of when or where the

Government takes physical possession, unless the contract or delivery order specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss or damage to mission spacecraft shall remain with the Contractor until, and shall pass to the Government, upon final acceptance by the Government.

(c) Under paragraph (b) above, the Contractor shall not be liable for loss of or damage to the spacecraft caused by the gross negligence or willful misconduct of officers, agents, or employees of the Government acting within the scope of their employment.

(End of text)

[END OF SECTION E]

SECTION F - DELIVERIES OR PERFORMANCE

SECTION F CLAUSES INCORPORATED BY REFERENCE

F.1 52.242-15 STOP-WORK ORDER (AUG 1989)

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

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

F.4 GSFC 52.217-92 EFFECTIVE ORDERING PERIOD (JAN 2014)

The effective ordering period of this contract shall be for a period of 5 years from the contract effective date of TBD.

F.5 GSFC 52.247-95 SHIPPING INSTRUCTIONS--NON-CENTRAL RECEIVING

(FEB 2016)

Shipment of the items required under this contract shall be to:

Item Number Address Marked For

TBD TBD TBD

Compliance with this clause is necessary to assure verification of delivery and acceptance and prompt payment.

If any of the above shipping addresses are to the Goddard Space Flight Center, Greenbelt, Maryland, delivery personnel must first stop at Receiving Officer (Building 35) to provide a copy of the receiving report (DD 250) to Receiving personnel before making delivery to the on-site location(s) specified above. If this is a fixed price type contract, failure to provide the DD 250 to Receiving may result in reduction or non-payment by the Government of any interest penalty under the Prompt Payment Act.

F.6 DELIVERY SCHEDULE

The core system as described in Clause B.1, Item #1, shall be delivered within the time specified per each individual delivery order. The anticipated standard delivery schedule for each core system is provided below:

(Note: Offerors shall fill in the standard delivery schedule for each core system.)

For Example:

Description

No. of Months

1a Core System 1 XX months after receipt of order (ARO)

The Government reserves the right to order a specific core system identified in Clause B.1 with delivery of such core system as specified above.

Note: The above listed delivery schedules may be revised in response to delivery order requirements.

[END OF SECTION F]

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G CLAUSES INCORPORATED BY REFERENCE

G.1 1852.245-75 PROPERTY MANAGEMENT CHANGES (JAN 2011)

G.2 1852.245-78 PHYSICAL INVENTORY OF CAPITAL PERSONAL PROPERTY

(AUG 2015)

G.3 1852.227-70 NEW TECHNOLOGY- OTHER THAN A SMALL BUSINESS FIRM

OR NONPROFIT ORGANIZATION (APR 2015) (NOT APPLICABLE WHERE THE

PLACE OF PERFORMANCE IS OUTSIDE THE UNITED STATES)

G.4 1852.227-72 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND

PATENT REPRESENTATIVE (APR 2015)

G.5 1852.232-80 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT (APR

2018)

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

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

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

(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 https://www.nssc.nasa.gov/vendorpayment

(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.6 1852.245-73 FINANCIAL REPORTING OF NASA PROPERTY IN THE CUSTODY

OF CONTRACTORS (JAN 2017)

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

NASA.

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

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

(3) One copy shall be submitted (through the Department of Defense (DOD) Property Administrator if contract administration has been delegated to DOD) to the following address:

Goddard Space Flight Center, Supply and Equipment Management Branch, Code 273, Greenbelt, MD 20771, unless the Contractor uses the NF 1018 Electronic Submission System (NESS) for report preparation and submission.

(c)(1) The annual reporting period shall be from October 1 of each year through September 30 of the following year. The report shall be submitted in time to be received by October 31st. The information contained in these reports is entered into the NASA accounting system to reflect current asset values for agency financial statement purposes. Therefore, it is essential that required reports be received no later than October 31st.

(2) Some activity may be estimated for the month in which the report is submitted, if necessary, to ensure the NF 1018 is received when due. However, contractors' procedures must document the process for developing these estimates based on planned activity such as planned purchases or NASA Form 533 (NF 533) Contractor Financial Management Report cost estimates. It should be supported and documented by historical experience or other corroborating evidence, and be retained in accordance with FAR Subpart 4.7, Contractor Records Retention.

Contractors shall validate the reasonableness of the estimates and associated methodology by comparing them to the actual activity once that data is available, and adjust them accordingly. In addition, differences between the estimated cost and actual cost must be adjusted during the next reporting period. Contractors shall have formal policies and procedures, which address the validation of NF 1018 data, including data from subcontractors, and the identification and timely reporting of errors. The objective of this validation is to ensure that information reported is accurate and in compliance with the NASA FAR Supplement. If errors are discovered on NF 1018 after submission, the contractor shall contact the cognizant NASA Center Industrial Property Officer (IPO) within 30 days after discovery of the error to discuss corrective action.

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

(4) The Contracting Officer may, in NASA's interest, withhold payment until a reserve not exceeding $25,000 or 5 percent of the amount of the contract, whichever is less, has been set aside, if the Contractor fails to submit annual NF 1018 reports in accordance with NFS subpart

1845.71, any monthly report in accordance with (c)(3) of this clause, and any supplemental instructions for the current reporting period issued by NASA. Such reserve shall be withheld until the Contracting Officer has determined that NASA has received the required reports. The withholding of any amount or the subsequent payment thereof shall not be construed as a waiver of any Government right.

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

G.7 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 orders awarded under this contract, if applicable, 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 the contractor’s 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.

Description

Acquisition Date

Acquisition Cost

Quantity If equipment

Manufacturer Model Serial Number

TO BE SPECIFIED IN EACH DELIVERY ORDER, IF APPLICABLE

The Government will furnish spaceflight instruments and associated equipment for the Contractor to integrate into the mission spacecraft, unless otherwise specified in a delivery order. The Government provided spaceflight instrument will be specified in the delivery order.

G.8 GSFC 52.216-100 INDIVIDUALS AUTHORIZED TO ISSUE ORDERS (DEC 2014)

The following personnel are authorized to issue delivery orders under this contract. All designated personnel are employed by the Federal Government unless otherwise indicated:

Only a Goddard Space Flight Center (GSFC) Contracting Officer is authorized to issue delivery orders under this contract, unless otherwise delegated, as evidenced by a letter of delegation signed by the GSFC Contracting Officer.

G.9 GSFC 52.245-99 SUPPLEMENTAL FINANCIAL REPORTING OF NASA

PROPERTY IN THE CUSTODY OF CONTRACTORS (JUN 2019)

(a) In addition to the annual 1018 reporting required under clause NFS 1852.245-73 of this contract, the Contractor shall submit monthly property financial reports as described below if, at either award or any time during contract performance, the cumulative amount of NASA property is $10 million or more.

(1) Monthly property financial reports shall be submitted including item-level supporting data for all items acquired/fabricated/modified where the total acquisition cost of the item is $500,000 or more, in the contractor’s or its subcontractors’ possession. This data shall be submitted for all items in the property classifications of real property, equipment, special test equipment, special tooling, and agency peculiar property.

(2) Monthly data shall also be submitted for items of any acquisition cost in the classifications of materials and contract work-in-process (WIP). Specifically, itemized monthly data is required for materials and WIP line items when the estimated total acquisition cost of any item at completion will be $500,000 or more.

(b) The monthly reports shall be electronically submitted using the Contractor-Held Asset Tracking System (CHATS) at https://chats.nasa.gov using the format described in the CHATS user’s manual.

(c) Acquisition costs shall be developed using actual costs to the greatest extent possible, especially costs directly related to fabrication such as labor and materials. Supporting documentation shall be maintained and available for all amounts reported, including any amounts developed using estimating techniques.

(d) All adjustments shall be thoroughly explained and directly related to a specific Government Fiscal Year (GFY). If the GFY cannot be determined, the default shall be the previous GFY.

(e) Work Breakdown Structures (WBS) shall be provided for all Contractor acquired property (CAP), WIP, and any new materials acquired. The format shall be a five digit numerical level.

(i.e., 803-10). If the WBS is not identifiable, contact the NASA GSFC Property Office for further guidance, as provided in paragraph (f)(4) below.

(f)(1) The data required for the monthly submission is due the 21st day after the close of the month.

e.g., August 21 for the month ending July 31 September 21 for the month ending August 31 October 21 for the month ending September 30

(2) The monthly property financial reports required by this clause are separate from, and in addition to the annual NF 1018 reports.

(3) Both the NF 1018 report data and the September monthly report data are as of September 30.

https://chats.nasa.gov/

Corrections in monthly report data shall be handled as adjustments in the next monthly report after discovery of the error. (e.g., Errors in the September monthly report shall be reported as adjustments in the October monthly report. The NF 1018 shall reflect the corrected numbers and the contractor shall provide a note regarding the corrected monthly report error under Comments in the NF 1018.) Errors in the NF1018 found after the November 30 submission shall be reported as adjustments in the NF 1018 for the next reporting year, unless immediate correction and resubmission are directed by NASA.

(4) Questions may be directed to the following individuals of the NASA GSFC Property Office:

Angela King, (301) 286-3543, email angela.c.king@nasa.gov Timothy Kelly (301) 286-8819, email: timothy.e.kelly@nasa.gov

G.10 ORDERING PROCEDURES

1. Non-Standard Services, described in section 4.2 of the SOW, will follow the task ordering procedures in described in clause I.112.

2. Standard Services, described in section 4.1 of the SOW, will follow the procedures described in this section.

In accordance with FAR Subpart 16.505(b)(1), the Contracting Officer (CO) will give each Rapid IV Contractor a “fair opportunity to be considered” for each order in excess of the Simplified Acquisition Threshold, unless one of the conditions in 16.505(b)(2) applies.

Procedures and selection factors to be considered for each Delivery Order (DO) providing for a “fair opportunity to be considered” are set forth below. The CO decision to issue a DO to a particular contract holder shall be based on the criteria stated below. Waivers and deviations to the mission specific Mission Assurance Requirements (MAR) may be considered at the DO level.

The Government reserves the right to issue a Request For Offer (RFO) for the delivery of a mission spacecraft* ready for payload-instrument integration. In such a case, the RFO will identify how the observatory** integration, shipment, and launch and operations support would be reduced or tailored for that specific mission.

The following procedures define the process by which (a) Delivery Orders will be competed and

(b) Delivery Orders will be awarded.

(a) Delivery Order Competition Procedures:

RFO Contents: When Contractor submission of proposals is necessary, the Government will issue an RFO.

(1) Each RFO will include the following information:

mailto:angela.c.king@nasa.gov mailto:timothy.e.kelly@nasa.gov

• Date of the RFO;

• Description, Delivery Order Statement of Work, and other documentation upon which the Delivery Order price is to be based;

• Delivery or performance date(s);

• Government Furnished Equipment, if applicable;

• Use of NASA facilities, if applicable;

• Specific instructions and the evaluation criteria that will be utilized for award of the delivery order and specific instructions regarding the level of detail contractors shall include in its offer for the delivery order.

• Funding profile, if applicable; and

• Due date for submission of Offer. Generally, contractor’s responses to RFOs will be due within four weeks after the RFO issue date.

(2) Each RFO will require the following information be submitted:

(A) Past Performance

Specific information will be requested for the purpose of evaluating Past Performance.

(B) Small Business Subcontracting Plan

This applies ONLY to large businesses. (Applicable if the subcontracting possibilities are expected to exceed the threshold establish under FAR 19.702(a)(1), unless the contract, together with all of its subcontracts, will be performed entirely outside of the United States and its outlying areas.)

(1) The contract includes FAR clause 52.219-9, “Small Business Subcontracting Plan and its Alternate II”. Individual Subcontracting Plans shall be submitted with the contractor’s RFO proposal.

(2) The Contracting Officer's assessment of appropriate subcontracting goals, expressed as a percent of the DELIVERY ORDER VALUE, are as follows:

Small Disadvantaged Business Concerns 2.5% Women Owned Small Business Concerns 2.0% Historically Black Colleges and Universities and Minority Institutions

0%

HUBZone Small Business Concerns 0.5% Veteran-Owned Small Business Concerns

1.0%

Service Disabled Veteran-Owned Small Business Concerns

0.5%

Total Small Business Subcontracting 13.0%

(NOTE: FOR PURPOSES OF THE SUBCONTRACTING PLAN, THE PROPOSED

GOALS MUST BE STATED AS A PERCENT OF TOTAL SUBCONTRACTS, NOT

AS A PERCENT OF DELIVERY ORDER VALUE)

These goals will be applicable to delivery orders awarded under Rapid IV contracts.

The contractor is encouraged to propose goals that are equivalent or greater than those recommended by the Contracting Officer. However, contractors should perform an independent assessment. The goals included in the submitted Subcontracting Plan for the delivery orders may be higher, lower, or the same as the goals stated above, depending upon the contractor’s independent assessment.

With regard to any goals stated above, contractors are advised that a proposal will not be rejected solely because the submitted Plan does not meet the NASA recommended goals.

(C) Government Property

Attachment L of the RFO shall contain NASA FAR Supplement (NSF) provisions 1852.245-80, “Government Property Management Information” and 1852.245-81, “List of Available Government Property.” The first provision requires the submittal of certain information regarding the contractor’s Government property management procedures.

The second provision requires the contractor’s to indicate if they intend to use any Government property that may be offered by the RFO or if the contractor requests the use of Government property not identified by the RFO.

(D) Organizational Conflicts of Interest (OCI) Avoidance Plan

The contract includes NFS clause 1852.237-72, Access to Sensitive Information. The attention of prospective offerors is invited to FAR Subpart 9.5 --Organizational Conflicts of Interest. In accordance with Attachment H, provision D) GSFC 52.209-301 Notice Of Potential Organizational Conflicts Of Interest, offerors shall submit for NASA Contracting Officer approval, an Organizational Conflicts of Interest (OCI) Avoidance Plan with their delivery order proposal. The OCI Submission shall comprise of the Offeror’s OCI Assessment and its OCI Plan as outlined in Attachment H. The Offeror’s OCI Avoidance Plan will be incorporated into the delivery order under Clause J.1 as Attachment TBD.

(E) Information Technology (IT) Security Management Plan In accordance with NFS clause 1852.204-76, Security Requirements for Unclassified Information Technology Resources, within 30 days after the delivery order effective date, the successful contractor shall submit for NASA approval a comprehensive IT Security Management Plan. The information to be included in this plan is outlined in Attachment TBD, Information Technology Security Management Plan, which is provided for information purposes at this time in Enclosure 2 and shall be used by the successful offeror to prepare their plan. The Contracting Officer will review the plan for completeness and identify to the Contractor substantive weaknesses and omissions for necessary correction. Once the Contractor has corrected the substantive weaknesses and omissions, the Contracting Officer shall incorporate the approved plan into the delivery order as a compliance document.

Delivery Order Evaluation/Selection Criteria: Upon receipt of the Contractor’s offer, the Government will review the offer for completeness and acceptability. The determination of which Contractor is awarded the mission may be based upon the following evaluation factors:

• Approach to meeting the mission specific requirements;

• Total proposed firm-fixed price for the delivery order; and

• Past Performance

The specific details for each factor will be identified in the RFO and may be unique to each mission.

Response to RFOs: Contractors may “No Bid” any RFO. Contractors shall notify the Contracting Officer within 7 calendar days of its intent to bid. When a Contractor responds to an RFO, it shall indicate that the offer submitted in response to the RFO is compliant with the contract terms, statement of work, and the RFO.

The proposed mission price, including the core system and mission unique modifications shall be a firm-fixed price for all efforts required under the order for that mission. Bid and proposal type costs associated with responding to an order, or with an RFO that may lead to an order, must be treated as an indirect cost.

All Delivery Order offers shall be submitted by the date and time specified in the RFO, or it will be treated as a late offer and will not be considered by the Government, unless the Contracting Officer determines that it is in the Government’s best interest to do so.

(b) Award of Delivery Order:

Delivery Orders will be placed within the effective ordering period of this contract.

Each of the Contractors submitting offers will be notified of the Government’s selection decision for the Delivery Order awarded.

Each Delivery Order will include the following information:

• Date of the Delivery Order, Contract number and Delivery Order number;

• Description, Statement of Work, and other documents upon which the Delivery

Order price is based;

• Delivery or performance date(s);

• Firm fixed price;

• Accounting and appropriation data;

• Government Furnished Property, if applicable; and

• Funding Profile, if necessary.

*NOTE: Mission Spacecraft = Core Spacecraft and mission specific modifications.

**NOTE: Observatory = Mission Spacecraft with integrated payload-instruments.

G.11 52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEP 2019)

ALTERNATE I

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

http://prod.nais.nasa.gov/pub/pub__library/Omb.html

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(d) Contracts used by multiple agencies.

(1) This is a contract that is used by multiple agencies. Complaints from Contractors concerning orders placed under contracts used by multiple agencies are primarily reviewed by the task-order and delivery-order Ombudsman for the ordering activity.

(2) The ordering activity has designated the following task-order and delivery-order Ombudsman for this order:

(3) Before consulting with the task-order and delivery-order Ombudsman for the ordering activity, the Contractor is encouraged to first address complaints with the ordering activity's Contracting Officer for resolution. When requested by the Contractor, the task-order and delivery-order Ombudsman for the ordering activity may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

G.12 CORE SPACECRAFT UPGRADES

The Contractor may offer technology upgrades to its proposed core spacecraft listed in Clause B.1 by submission of upgrades. Examples of technology upgrades include, but are not limited to, replacement of obsolete parts and advances in technology or production practices. Such upgrades may not be submitted more than once per contract year per core spacecraft.

All technology upgrades to the core spacecraft design shall provide the same, or greater, performance characteristics as the technology being replaced. All technology upgrades to the core spacecraft design shall have a successful flight history.

The Government will consider offeror upgrades no sooner than one year after contract award and once a year from such update thereafter. Upgrades shall be submitted in a format consistent with the requirements of Appendix A and Appendix B CDRLs, as applicable.

If the upgrades are accepted by the Government, the contract will be modified to include such upgrades.

The Government will not accept proposals for additional core spacecraft as a contract update.

Contractors may submit proposals for additional core spacecraft in accordance with G.13, “Additional Core Spacecraft and Contract Awards.”

G.13 ADDITIONAL CORE SPACECRAFT AND CONTRACT AWARDS

Periodically, the Contracting Officer will accept and evaluate proposals with the intention of adding additional contracts and/or modifying existing contracts to add additional core spacecraft.

This will be via “on-ramps,” which contractors may request, and the Government may hold at any time during the contract effective ordering period. In addition, the Government may solicit proposals via additional on-ramps to accommodate specific mission needs. When the on-ramp is offered, it will be synopsized on the Government-wide Point of Entry (GPE).

Proposals shall be subject to the same proposal instructions and evaluation procedures as the Rapid IV Request for Proposal #80GSFC19R0016 dated TBD. Proposal instructions and evaluation procedures may be obtained from the RSDO website, http://rsdo.gsfc.nasa.gov.

[END OF SECTION G]

http://rsdo.gsfc.nasa.gov/

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H CLAUSES INCORPORATED BY REFERENCE

H.1 1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY (FEB 2002)

H.2 1852.228-78 CROSS-WAIVER OF LIABILITY FOR SCIENCE OR SPACE

EXPLORATION ACTIVITIES UNRELATED TO THE INTERNATIONAL SPACE

STATION (OCT 2012)

H.3 1852.244-70 GEOGRAPHIC PARTICIPATION IN THE AEROSPACE PROGRAM

(APR 1985)

H.4 1852.225-70 EXPORT LICENSES (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR parts 120-130, and the Export Administration Regulations (EAR), 15 CFR parts 730-799, in the performance of this contract.

In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.

(b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at NASA Goddard Space Flight Center, where the foreign person will have access to export-controlled technical data or software.

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

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

(End of clause)

The following clause will be applicable at the delivery order level, if necessary.

H.5 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (MAR 1989)

Note: The Government contemplates incrementally funding delivery orders; therefore delivery orders may include this clause as applicable.

(a) Of the total price of items 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

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

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