1RFP_80GSFC19R0033.pdf

SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

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

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

(End of clause)

B.2 GSFC 1852.232-81 CONTRACT FUNDING (JUN 2017)

(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 the Supra Thermal Ion Sensor (STIS) contract and covers the following estimated period of performance: TBD.

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

(c) The cumulative amount of funding obligated for payment of cost and fee under this contract is $TBD.

*Funds are currently committed for this award. Initial funds for this award will be obligated via the issuance of the first modification to this contract. Contract performance shall not begin until such time as these funds are obligated.

B.3 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.

Item Description Reference Schedule Delivery Method/Addressee(s)

1 Supra Thermal Ion Sensor (STIS)

As Defined in Attachment A, SOW Attachment B, Performance Specification, Attachment C, CDRLs, and Attachment D, IMAR

As Defined in Attachment A, SOW, Attachment B, Performance Specification, Attachment C, CDRLs, and Attachment D, IMAR

As Defined in Attachment A, SOW Attachment B, Performance Specification, Attachment C, CDRLs, and Attachment D, IMAR

2 Reports of Work

Section C

GSFC 52.235-91

Section H

NFS 1852.235-73

As Required in Clause GSFC 52.235-91

As specified in Clause

3 NASA Financial Management Reports

Section G

GSFC 52.242-90

NFS 1852.242-73

Attachment E

Monthly and Quarterly in accordance with Attachment C

CDRL

Electronic Format/ Contracting Officer (CO), Contracting Officer’s Representative (COR), Resource Analyst (RA) & Regional Finance Office

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

Section E

NFS 1852.246-72

GSFC 52.246-94

At Time of Delivery

Hard Copy/CO, COR, and Receiving & Inspection

5 Reporting of Inventions

Section G

NFS 1852.227-72

NFS 1852.227-70

Section I

FAR 52.227-11

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

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

Small Business Subcontracting Plan Reporting

Section H

GSFC 52.219-90

Section I

NFS 1852.219-75

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

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

7 Safety & Health Reporting

Section H NFS 1852.223-75 As Required NASA Mishap Information

System (NMIS)

8 Organizational Conflicts of Interest

Section I

NFS 1852.237-72

30 Days after Contract Effective Electronic Format/CO

Item Description Reference Schedule Delivery Method/Addressee(s)

(OCI) Avoidance Plan

Attachment G Date

9 Equal Opportunity Reports

Section I

FAR 52.222-26

As Specified by

FAR 52.222-26

Electronic Format/CO & Code 120

10 Certificate of Insurance

Section I

FAR 52.228-5

FAR 52.228-7

NFS 1852.228-75

As Specified by

FAR52.228-5

FAR 52.228-7

Electronic Format/CO

11 Subcontract Notification

Section I

FAR 52.244-2

30 Days Prior to Subcontract Award Date

Electronic or Hard Copy Format/CO

12 IT Security Management Plan

Section I

NFS 1852.204-76

Attachment H

30 Days after Contract Effective Date & Annual Updates As Required

Electronic Format/CO

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

B.4 GSFC 52.232-94 ESTIMATED COST INCREASES (DEC 2005)

(a) The Contractor shall notify the Contracting Officer in writing when the Contractor has reason to believe that the total cost for performance of this contract, or any individual task order, exclusive of any fee, will be either greater or substantially less than the total estimated cost stated in this contract or in the task order. Notification shall not be delayed pending preparation of a proposal.

(b) A proposal is required to support a request for an increase in the estimated cost of the contract or the task order. The proposal should be submitted as soon as possible after the above notification but no later than 115 days before the incurred costs are expected to exceed the estimated cost. This will allow adequate time for the Government to evaluate the proposal and to mutually establish any increase in estimated cost with the Contractor.

(c)(1) The proposal shall be submitted in the following format unless some other format is directed or approved by the Contracting Officer:

Incurred costs to date Projected cost to completion Total cost at completion Current negotiated estimated cost Requested increase in estimated cost

(2) The “projected cost to completion” shall consist of the following “other than cost or pricing data” unless the Contracting Officer requests or approves the submittal of a greater or lesser amount of information:

(i) Elements of cost with supporting detail for estimated direct labor hours, direct and indirect rates, materials and subcontracts, and other elements.

(ii) Supporting explanation for the increases and projections, sufficient for the Government to understand the reasons for the increased estimated cost.

(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), Performance Specification (Attachment B), Contract Deliverable Requirements List (Attachment C), and Instrument Mission Assurance Requirements (Attachment D).

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:

NONE

C.3 GSFC 52.235-91 REPORTS OF WORK (CORE) (AUG 2013)

(a) Monthly progress reports. The Contractor shall submit monthly progress reports of all work accomplished during each month of the Supra Thermal Ion Sensor contract performance. Reports shall address the accomplishments and progress of all work performed the month being reported. The report shall be in narrative form and brief in content. The report shall include a description of technical accomplishments and status of deliverables. Also the report shall provide a quantitative description of overall progress and identify any risks or problems, which may impede performance and proposed corrective actions. Also the report shall have a discussion of the projected work activities to be performed during the next monthly reporting period.

(b) Final Report. The Contractor shall submit a final report that summarizes the results of the entire the Supra Thermal Ion Sensor contract including recommendations and conclusions based on the experience and results obtained. The final report should include, as appropriate, tables, graphs, diagrams, curves, sketches, photographs, and drawings in sufficient detail to comprehensively explain the results achieved under the Supra Thermal Ion Sensor contract.

(c) Submission. The Contractor shall submit the reports required by this clause as follows:

Copies Report Type Addressee Mail Code 1 M,F Contracting Officer (CO) 210.6 1 M,F Contracting Officer's Representative (COR) 421

[M=Monthly Report, F=Final Report]

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

(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 I 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

E.1 SECTION E – CLAUSES INCORPORATED BY REFERENCE

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

52.246-8 INSPECTION OF RESEARCH AND DEVELOPMENT – COST

REIMBURSEMENT (MAY 2001)

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC

2014) [(a) (1) Instrument Mission Assurance Requirements, 422-L1-IMAR- 0004, September 2019 (2) Contractor Quality Assurance Plan, Attachment I, November 2019]

E.2 1852.246-72 MATERIAL INSPECTION AND RECEIVING REPORT (APR

2015)

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

(1) 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.

(2) 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.

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

(4) 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.

(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.3 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:

Item No. Description 2 Reports of Work 3 NASA Financial Management Reports 5 Reporting of Inventions 6 Small Business Subcontracting Plan Reporting 7 Safety & Health Reporting 8 Organizational Conflicts of Interest (OCI) Avoidance Plan 9 Equal Opportunity Reports 10 Certificate of Insurance 11 Subcontract Notification 12 IT Security Management Plan

E.4 GSFC 52.246-93 ACCEPTANCE—LOCATION(S) (SEP 2013)

The Contracting Officer or authorized representative will accomplish acceptance at the following location(s):

Deliverable Item No. Location Authorized Representative 001 Contractor’s Facility Contracting Officer’s

Representative

The Contracting Officer reserves the right to designate other Government agents as authorized representatives. The Contractor will be notified by a written notice or by a copy of the delegation letter if other agents are authorized.

E.5 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.

(End of Section E)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 SECTION F – CLAUSES INCORPORATED BY REFERENCE

52.242-15 STOP-WORK ORDER – ALTERNATE I (APR 1984)

F.2 GSFC 52.217-92 PERIOD OF PERFORMANCE (JAN 2014)

The period of performance of this contract shall be for a period starting from the contract effective date of TBD through June 2026.

F.3 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 – will be updated upon award of the SWFO spacecraft contract, anticipated in October 2020

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.

(End of Section F)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 SECTION G – CLAUSES INCORPORATED BY REFERENCE

1852.216-75 PAYMENT OF FIXED FEE (DEC 1988)

1852.223-71 AUTHORIZATION FOR RADIO FREQUENCY USE (APR 2015)

1852.227-70 NEW TECHNOLOGY – OTHER THAN A SMALL BUSINESS

FIRM OR NON-PROFIT ORGANIZATION (APR 2015)

1852.227-72 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE

AND PATENT REPRESENTATIVE (APR 2015)

1852.227-85 INVENTION REPORTING AND RIGHTS – FOREIGN (APR 2015)

1852.227-86 COMMERCIAL COMPUTER SOFTWARE LICENSE (APR 2015)

1852.242-73 NASA CONTRACTOR FINANCIAL MANAGEMENT

REPORTING (NOV 2004)

1852.245-70 CONTRACTOR REQUESTS FOR GOVERNMENT-FURNISHED

PROPERTY (AUG 2015)

1852.245-75 PROPERTY MANAGEMENT CHANGES (JAN 2011)

G.2 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.

(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.3 GSFC 52.242-90 FINANCIAL MANAGEMENT REPORTING (JUN 2014)

(a) Requirements. This clause provides the supplemental instructions referred to in NASA FAR Supplement (NFS) clause 1852.242-73. The NFS clause and NASA Procedural Requirements (NPR) 9501.2E, “NASA Contractor Financial Management Reporting”, establish report due dates and other financial management reporting requirements. NPR 9501.2E permits withholding of payment for noncompliance.

(b) Supplemental instructions. (1) Monthly (NF 533M) reports are required. Quarterly (NF 533Q) reports are also required. The reporting structure shall be in accordance with Attachment F of Section J of this contract.

(2) As stated in NPR 9501.2E, NASA strongly encourages electronic contractor cost reporting. The preferred formats are Excel and Adobe. Contact the Contracting Officer for any E-Mail addresses that are not provided or which become noncurrent.

Distribution shall be as follows:

Contracting Officer, Code 210.6 E-Mail: TBD

Contracting Officer’s Representative, Ron Hooker, Code, 421 E-Mail: ronald.j.hooker@nasa.gov

Resources Manager, Theresa Thomas, Code 155.2 E-Mail: theresa.thomas@nasa.gov

Regional Finance Office Cost Team, Code 155.2 E-Mail: GSFC-rfocateam@lists.nasa.gov

(c) Web site. NPR 9501.2E, “NASA Contractor Financial Management Reporting”:

http://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=9501&s=2E

G.4 GSFC 52.245-94 INVENTORY OF GOVERNMENT OWNED PROPERTY--

SPECIAL PROCEDURES FOR FLIGHT QUALIFIED INVENTORY (DEC 2007)

(a) The Contractor shall ensure that flight qualified assemblies and parts that are residual inventory under this contract are properly stored in a secure area that is certified for electostatic discharge (ESD) handling. The parts shall be handled in accordance with electrostatic discharge (ESD) standards and procedures. The Contractor shall also maintain a system to ensure that the associated heritage, test, and qualification documentation is available and traceable to such individual items of inventory.

(b) In accordance with the “Physical inventory” required in FAR clause 52.245-1(f)(iv), the Contractor shall identify any hardware, components or parts suitable for space flight or at any time such inventory is excess to the needs of this contract.

(c) Compliance with this clause is required until:

(1) The Government exercises its right under the Government Property clause of this contract and under FAR 45.6 to require delivery of any such inventory or the transfer of such inventory to another Government contract. [Flight qualified assemblies or parts remaining in residual inventory shall remain subject to this clause]; or

(2) The Contractor and the Government agree to, partly or completely, discontinue the requirements of this clause for specific items of flight qualified assemblies and parts; or.

(3) The period stated in this contract for the Contractor to maintain inspection records under the Inspection clause of this contract has expired.

(d) In the event of (c)(1) above, the delivered or transferred flight qualified inventory shall be accompanied by all data and records regarding the flight certification of each of item(s) comprising the flight qualified inventory for which the Government's right is exercised.

(e) When flight qualified inventory is no longer subject to this clause because of (c)(1), (c)(2) or (c)(3) of this clause, the designated flight qualified inventory item(s), shall subsequently be managed no more stringently than other government property in accordance with FAR 52.245-1.

(End of Section G)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 SECTION H – CLAUSES INCORPORATED BY REFERENCE

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

1852.228-78 CROSS-WAIVER OF LIABILITY FOR SCIENCE OR SPACE

EXPLORATION ACTIVITIES UNRELATED TO THE

INTERNATIONAL SPACE STATION (OCT 2012)

1852.235-73 FINAL SCIENTIFIC AND TECHNICAL REPORTS (DEC 2006)

1852.244-70 GEOGRAPHIC PARTICIPATION IN THE AEROSPACE

PROGRAM (APR 1985)

H.2 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 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 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.

H.3 1852.235-74 ADDITIONAL REPORTS OF WORK – RESEARCH

DEVELOPMENT (FEB 2003)

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

(a) Monthly progress reports. The Contractor shall submit separate monthly reports of all work accomplished during each month of contract performance. Reports shall be in narrative form, brief, and informal. They shall include a quantitative description of progress, an indication of any current problems that may impede performance, proposed corrective action, and a discussion of the work to be performed during the next monthly reporting period.

(b) Quarterly progress reports. The Contractor shall submit separate quarterly reports of all work accomplished during each three-month period of contract performance. In addition to factual data, these reports should include a separate analysis section interpreting the results obtained, recommending further action, and relating occurrences to the ultimate objectives of the contract. Sufficient diagrams, sketches, curves, photographs, and drawings should be included to convey the intended meaning.

(c) Submission dates. Monthly and quarterly reports shall be submitted by the 15th day of the month following the month or quarter being reported. If the contract is awarded beyond the middle of a month, the first monthly report shall cover the period from award until the end of the following month. No monthly report need be submitted for the third month of contract effort for which a quarterly report is required. No quarterly report need be submitted for the final three months of contract effort since that period will be covered in the final report. The final report shall be submitted within 30 days after the completion of the effort under the contract.

H.4 GSFC 52.211-100 CONTRACTOR PROPOSED ENHANCEMENTS

The Contractor shall provide the enhancements that are described in Attachment J. These enhancements, which are over and above the requirements required by the contract terms and conditions, Statement of Work and other contract attachments, were proposed by the Contractor in the proposal submitted in response to the Request for Proposal (RFP) 80GSFC190033 for the Supra Ion Thermal Sensor procurement. The incorporation of these enhancements does not relieve the Contractor from the responsibilities of meeting all other contract terms and conditions and requirements in the Statement of Work and other contract attachments. The Contractor shall perform these enhancements on all work performed, unless specifically waived by the Contracting Officer in writing.

H.5 GSFC 52.219-90 SMALL BUSINESS SUBCONTRACTING PLAN AND

REPORTS (NOV 2016)

a. Subcontracting Plan (Contractor)

FAR clause 52.219-9, "Small Business Subcontracting Plan", is included in this contract.

The agreed to Subcontracting Plan required by the clause is included as an attachment to the contract.

b. Subcontracting Plan (Subcontractors)

In accordance with FAR clause 52.219-9 Small Business Subcontracting Plan, the Contractor must require that certain subcontractors adopt a plan similar to the Plan agreed to between the Contractor and the Government.

c. Individual Subcontract Reports (ISRs)

The Contractor shall prepare and submit their Individual Subcontract Reports (ISRs) (formerly known as the Standard Form 294), in accordance with the instructions listed in the Electronic Subcontract Reporting System (eSRS), available at http://esrs.gov.

ISRs must be submitted electronically in eSRS on a semi-annual basis. This report must be received no later than April 30 and October 30 each year for the reporting periods ending March 31 and September 30, respectively. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or since the last reporting period.

A final ISR must be submitted after contract completion. The final ISR submittal must be received no later than the due date for what would have been the next semi-annual report.

d. Summary Subcontract Reports (SSRs)

The Contractor shall prepare and submit Summary Subcontract Reports (SSRs) (formerly known as the Standard Form 295), in accordance with the instructions listed in the eSRS, available at http://esrs.gov and in accordance with FAR clause 52.219-9 Small Business Subcontracting Plan of this contract.

The SSRs must be submitted electronically in eSRS on an annual basis. This report must be submitted no later than October 30 each year for the twelve-month period ending September 30.

e. Subcontractor Reporting

FAR clause 52.219-9 Small Business Subcontracting Plan requires that the Contractor ensure that ISR and SSR reports are submitted by those subcontractors that have been required to adopt a Subcontracting Plan under the terms of the clause. These subcontractor reports must be submitted as required by paragraphs (c) and (d) above.

The reports may be submitted through the Contractor or submitted directly. Regardless, the Contractor is responsible for ensuring proper and timely submittal of the required reports.

H.6 GSFC 52.227-99 RIGHTS IN DATA (NOV 2018)

The default Data Rights clause under this contract is FAR 52.227-14 RIGHTS IN DATA- GENERAL—Alternate II and Alternate III as modified by NASA FAR Supplement 1852.227-14 and GSFC 52.227-90. Any exceptions to this clause will be covered by FAR 52.227-17 RIGHTS IN DATA--SPECIAL WORKS, if applicable, and GSFC 52.227-93.

H.7 GSFC 52.243-90 ADDITIONAL LAUNCH SUPPORT (OCT 1998)

This contract requires the Contractor to perform effort related to the launch of spacecraft.

In the event that the Contractor completes performance of the effort required within the period specified but prior to the actual launch, the Contractor shall continue to furnish such additional effort as may be required and ordered by the Contracting Officer, until the actual launch. Within 30 calendar days after receipt of the order for additional effort, the Contractor shall submit a formal proposal for equitable adjustment, for the effort called for in the order, to the Contracting Officer in accordance with the procedures set forth in the Changes clause of this contract. An equitable adjustment will be made only if the delay in the launch is not due to failure of the contractor to meet the terms of this contract.

H.8 GSFC 52.243-91 LAUNCH DELAYS (FEB 1991)

The delivery schedule and/or period of performance of this contract is based upon a spacecraft launch date of October 1, 2024. In the event of a Government directed delay of the launch date, the Contracting Officer may inform the Contractor, in writing, of the revised launch date, and allow the Contractor to submit a proposal for the effect of this delay on the cost, delivery schedule, or other terms of the contract. This may result in an equitable adjustment to the estimated cost, fee(s), if any, and delivery schedule or period of performance. Failure to agree to and adjustment shall be considered as a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as extended.

H.8 ORDERING MECHANISM FOR SPECIAL STUDIES

The Contracting Officer may issue tasks for special studies related to potential requirements changes to the STIS instrument, or alternatives to existing requirements which are not included in the current STIS baseline. The Contractor shall perform the studies described in the task, providing at least a total of 1,800 but not more than 2,200 direct productive labor hours by professional scientists or engineers during the contract performance period. This range of direct labor hours is established as a range of plus or minus 10 percent of the total target level of effort of 2,000 direct productive labor hours, which has been used to establish the estimated cost and fixed fee associated with special studies and included in the contract value.

The Contractor shall perform the special studies in response to task that are issued by the Contracting Officer within the period of the contract, using level-of-effort hours to deliver reports as stipulated in the tasks. Each task shall contain the following elements:

• Description of study objectives and the study effort the contractor is to perform

• Preliminary estimate of the number of hours for the study effort and the schedule for completion

• Other costs for the study effort (e.g., travel, material, ODCs)

The Contractor shall address each active task in technical reporting submitted under the contract. NASA Form 533 financial management reports shall contain a summary for the tasks issued under this clause as well as a separate report for each active task.

The level of effort stipulated herein may be increased or decreased using the procedures of FAR Clause 52.243-2, Changes—Cost Reimbursement, Alt. I, of the contract.

If fewer hours than the minimum number of direct labor hours are used by the Contractor in accomplishing the prescribed work, and the Government has not invoked its rights under the Termination clause of this contract during the contract period of performance to adjust the contract for such reduced effort, an equitable adjustment shall be made in the estimated cost, fee(s), and any other affected contract provisions in accordance with the procedures provided in Clause 52.243-2 Alt. I. The parties agree that any estimated cost and fee adjustments shall be based solely upon the quantity of hours by which the number of direct labor hours furnished is less than the minimum number of direct labor hours specified in this article.

Any adjustment in the contract in accordance with the provisions of this article shall be evidenced by a contract modification.

(End of text)

(END OF SECTION H)

SECTION I – CONTRACT CLAUSES

I.1 SECTION I - CLAUSES INCORPORATED BY REFERENCE

52.202-1 DEFINITIONS (NOV 2013)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT (SEP 2006)

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS

FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (OCT 2010)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

(OCT 2015)

52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015); “(b)(3) Inspector

General hotline Posters may be obtained from NASA Office of Inspector General, Code W, Washington, DC 20546-0001”

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN

2017)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER

FIBER CONTENT PAPER (MAY 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACTOR PERSONNEL (OCT 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT

2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (JUL 2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS

AND CERTIFICATIONS (DEC 2014)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY

KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

52.209-9 UPDATES OF PUBLICALLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (NOV 2015)

52.210-1 MARKET RESEARCH (APR 2011)

52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

52.215-2 AUDIT AND RECORDS – NEGOTIATION (OCT 2010)

52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT

(OCT 1997)

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR

PRICING DATA – MODIFICATIONS (AUG 2011)

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA—

MODIFICATIONS. (DEVIATION 18-04)

52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010)

52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)

52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR

POSTRETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS

(JUL 2005)

52.215-19 NOTIFICATION OF OWNERSHIP CHARGES (OCT 1997)

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA

AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA

– MODIFICATIONS – (OCT 2010)

52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009)

52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018)

(a)(3) The designated payment office will make interim payments for contract financing on the “30th” day after the designated billing office receives a proper payment request.

52.216-8 FIXED FEE (JUN 2011)

52.216-26 PAYMENTS OF ALLOWABLE COSTS BEFORE

DEFINITIZATION (DEC 2002)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

52.219-16 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN (JAN

1999)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REPRESENTATION (JUL 2013)

The Contractor represents that it ___is, or _ is not a small business concern under NAICS Code 336414 assigned to contract number TBD.

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB

1997)

52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

(a) The use of overtime is authorized under this contract if the overtime premium does not exceed ($0.00) or the overtime premium is paid for work- […]

52.222-3 CONVICT LABOR. (JUN 2003)

52.222-19 CHILD LABOR – COOPERATION WITH AUTHORITIES AND

REMEDIES (JAN 2018)

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND

EQUIPMENT EXCEEDING $15,000 (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA (JAN 1997)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING (AUG 2011)

52.225-1 BUY AMERICAN ACT – SUPPLIES (MAY 2014)

52.225-8 DUTY-FREE ENTRY (OCT 2010)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN

2008)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007) - ALTERNATE I

(APR 1984)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT (DEC 2007)

52.227-14 RIGHTS IN DATA – GENERAL (MAY 2014)

52.227-16 ADDITIONAL DATA REQUIREMENTS (JUN 1987)

52.227-17 RIGHTS IN DATA – SPECIAL WORKS (DEC 2007)

52.227-21 TECHNICAL DATA DECLARATION, REVISION, AND

WITHHOLDING OF PAYMENT—MAJOR SYSTEM (MAY 2014)

52.228-7 INSURANCE – LIABILITY TO THIRD PERSONS (MAR 1996)

52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS (JUN

2010)

52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)

52.232-17 INTEREST (MAY 2014)

52.232-22 LIMITATION OF FUNDS (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-25 PROMPT PAYMENT (JAN 2017) - ALTERNATE I (FEB 2002)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM

FOR AWARD MANAGEMENT (OCT 2018)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATION (JUN

2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.233-1 DISPUTES – ALTERNATE 1 (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996) – ALTERNATE I (JUN

1985)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT

2004)

52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)

52.242-1 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)

52.242-3 PENALTIES FOR UNALLOWABLE COSTS (JUL 2018)

52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS (JAN 1997)

52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN

2017)

52.242-13 BANKRUPTCY (JUL 1995)

52.243-2 CHANGES – COST-REIMBURSEMENT (AUG 1987) ALTERNATE

V (APR 1984)

52.243-6 CHANGE ORDER ACCOUNTING (APR 1984)

52.243-7 NOTIFICATION OF CHANGES (JAN 2017)

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing promptly, within 10 calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state— d) Government response. The Contracting Officer shall promptly, within 14 calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either—

52.244-2 SUBCONTRACTS (OCT 2010)

(d) If the Contractor has an approved purchasing system, the Contractor shall obtain the Contracting Officer’s written consent before placing the following subcontracts: Professional and consultant costs as defined in FAR 31.205-33, (j) Paragraphs I and I of this clause do not apply to the following subcontracts, which were evaluated during negotiations: None

52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2019)

52.245-1 GOVERNMENT PROPERTY. (JAN 2017)

52.245-9 USE AND CHARGES. (APR 2012)

52.246-23 LIMITATION OF LIABILITY (FEB 1997)

52.247-1 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)

Transportation is for the NASA Goddard Space Flight Center and the actual total transportation charges paid to the carrier(s) by the consignor or consignee shall be reimbursed by the Government; pursuant to cost-reimbursement contract No: TBD. This may be confirmed by contacting the Contracting Officer.

52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS (JUN 2003)

52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 2004)

52.249-14 EXCUSABLE DELAYS (APR 1984)

52.251-1 GOVERNMENT SUPPLY SOURCES (APR 2012)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

1852.203-70 DISPLAY OF INSPECTOR GENERAL HOTLINE POSTERS (JUN

2001)

1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (AUG 2014)

1852.204-76 SECURITY REQUIREMENTS FOR UNCLASSIFIED

INFORMATION TECHNOLOGY RESOURCES (JAN 2011)

1852.215-84 OMBUDSMAN (NOV 2011)

1852.216-89 ASSIGNMENT AND RELEASE FORMS (AUG 2016)

1852.219-75 INDIVIDUAL SUBCONTRACTING REPORTS (APR 2015)

1852.219-77 NASA MENTOR-PROTÉGÉ PROGRAM (APR 2015)

1852.219-79 MENTOR REQUIREMENTS AND EVALUATION (APR 2015)

1852.223-74 DRUG-AND ALCOHOL-FREE WORKFORCE (NOV 2015)

1852.227-14 RIGHTS IN DATA—GENERAL (APR 2015)

1852.228-75 MINIMUM INSURANCE COVERAGE (OCT 1988)

1852.235-70 CENTER FOR AEROSPACE INFORMATION (DEC 2006)

1852.237-72 ACCESS TO SENSITIVE INFORMATION (JUN 2005)

1852.237-73 RELEASE OF SENSITIVE INFORMATION (JUN 2005)

I.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause—

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

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

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

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

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

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

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

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

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

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

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

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

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

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

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

and control and manage physical access devices.

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

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

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

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

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

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

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

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

I.3 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE

SMALL BUSINESS CONCERNS (DEVIATION 19-02)

(a) Definitions. As used in this clause— “HUBZone small business concern” means a small business concern, certified by the Small Business Administration (SBA), that appears on the List of Qualified HUBZone Small Business Concerns maintained by the SBA (13 CFR 126.103).

“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award, and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set-aside or sole source award under the HUBZone Program.

(b) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone…