Enclosure 1 - RFP Clauses - 5-15-20.pdf
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- Attached to
- Environmental Services Follow-on Federal contract opportunity
- Solicitation number
- 80GSFC20R0005
About this file
This is a request for proposal for an environmental services follow-on contract. The contractor will provide assistance in meeting environmental regulatory requirements and stewardship objectives at NASA's Greenbelt and Wallops facilities. Services include waste prevention and management, water and air management, environmental program management, planning, impact assessment, liability management, and natural resources management. The hybrid cost-plus-fixed-fee contract will have a core requirement and the ability to issue task orders under an indefinite delivery indefinite quantity arrangement. The total potential period of performance is five years. The solicitation number is 80GSFC20R0005. Questions are due by May 20, 2020 and must be submitted electronically to sherry.barbour@nasa.gov. An electronic library with procurement documents is available at the provided URL.
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80GSFC20R0005
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 SUPPLIES AND/OR SERVICES TO BE PROVIDED (GSFC 52.211-90) (SEP 2017)
The Contractor shall provide all resources (except as may be expressly stated in the contract or order 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 Task Orders issued hereunder.
Item Description Reference Schedule Delivery
Method/Addressee(s)
Services and Deliverables in accordance with
Attachment A, SOW –
Core Services
As Defined in
Attachment A, SOW
– Core Services
As Defined in
Attachment A, SOW – Core
Services
As Defined in
Attachment A, SOW –
Core Services
Services and Deliverables in accordance with Task
Orders Issued and the
SOW
As Defined in
Individual Task
Orders Issued
As Specified in
Individual Task
Orders Issued
As Specified in
Individual Task Orders
Issued
3 Task Plans
Section B
GSFC 52.216-91
Section I
NFS 1852.216-80
As Required in
Clause NFS
1852.216-80
Electronic and Hard
Copy if required to:
COR and CO
4 Contract Historical Data
Section C
GSFC 52.211-91
Attachment G
30 Days after
Contracting
Officer Request
Electronic Format/CO
NASA Financial
Management Reports
Section G
GSFC 52.242-90
Section G
NFS 1852.242-73
Attachment D
Monthly and
Quarterly in accordance with
Attachment D
Electronic Format/
Contracting Officer
(CO), Contracting
Officer’s
Representative (COR), Resource Analyst (RA), Regional Finance
Office
Foreign Travel Requests and Foreign Travel Reports
Section G
NFS 1852.242-71
Foreign Travel
Requests–30 days in Advance of Travel
Foreign Travel
Reports–Due within 10 business days of the completion of travel.
As specified in
Contracting Officer’s
(CO) travel approval
Requests for Government
Property
Section G
NFS 1852.245-70
30 Days Prior to
Acquire Date Electronic Format/CO
8 Safety & Health Reporting
Section H
NFS 1852.223-70
Section H
NFS 1852.223-75
Section H
Monthly/
Quarterly
Reports and As
Required
NASA Mishap
Information System
(NMIS)
Method/Addressee(s)
GSFC 52.223-91
Personal Identity
Verification (PIV)
Documentation and
Reporting
Section H
GSFC 52.204-99
Attachment B
10th Calendar
Day of the
Month
As Required
Electronic Format and
Hard Copy/COR &
Code 240
10 Equal Opportunity Reports Section I
FAR 52.222-26
As Specified by
FAR 52.222-26
Electronic Format/CO
& Code 120
11 Certificate of Insurance
Section I
FAR 52.228-7
Section I
NFS 1852.228-75
As Specified by
FAR 52.228-7
Electronic Format/CO
12 Subcontract Notification Section I
FAR 52.244-2
30 Days Prior to
Subcontract
Award Date
Electronic or Hard
Copy Format/CO
IT Security Management
Plan
Section I
NFS 1852.204-76
30 Days after
Contract
Effective Date &
Annual Updates
As Required
Electronic Format/CO
14 Service Contract Reporting
Section I
FAR 52.204-14
FAR 52.204-15
Annually by
October 31 and
Revisions, if needed, by
November 30 www.sam.gov
15 Monthly Progress Reports Section C
GSFC 52.235-92
15th day of the following month
Electronic Format/ CO, COR, & Task Monitor
(if applicable)
16 Final Report Section C
GSFC 52.235-92
30 days after completion
Electronic Format/ CO, COR, & Task Monitor
(if applicable)
Personnel Authorized to
Use Motor Pool Vehicles
Section G
GSFC 52.245-91
20 Days in
Advance of Use Electronic Format/CO
NASA Vehicle Reports
(GSFC Form 26-5)
Section H
GSFC 52.251-90
Monthly By the
15th of each
Month
Electronic Format/CO and Code 274
Federal Automotive
Statistical Tool
Section H
NFS 1852.223-76
Annually by Oct
15th http://fastweb.inel.gov
Schedules of major milestones and deliverables for each program in section
1.3 of SOW and each IDIQ
Task Order
Attachment A, SOW, Section 1.3 and each IDIQ Task
Order
15 days after contract award/
15 days after award of each
IDIQ Task Order
Electronic Format/
COR and Task Monitor
(if applicable)
Gantt Chart providing 1 year view of schedules
Attachment A, SOW, Section 1.3 and each IDIQ Task
Order
15 days after contract award/
15 days after award of each
IDIQ Task Order
Electronic Format/
COR and Task Monitor
(if applicable)
Method/Addressee(s)
Updates to schedules of major milestones and deliverables for programs in section 1.3 of SOW and each IDIQ Task Order
Attachment A, SOW, Section 1.3 and each IDIQ Task
Order
1 day after start of each 6 month period of CORE/
1 day after start of each 6 month
IDIQ Task Order
Electronic Format/
COR and Task Monitor
(if applicable)
Updates to Gantt charts projected for each 6-month out period
Attachment A, SOW, Section 1.3 and each IDIQ Task
Order
1 day after start of each 6 month period of CORE/
1 day after start of each 6 month
IDIQ Task Order
Electronic Format/
COR and Task Monitor
(if applicable)
*NOTE: Unless otherwise specified, “day” means “calendar day”.
(End of clause)
B.2 (1852.216-74) ESTIMATED COST AND FIXED FEE (DEC 1991)
Core Requirement:
The estimated cost of this contract for core services is $To Be Proposed exclusive of the fixed fee of
$To Be Proposed. The total estimated cost and fixed fee is $ To Be Proposed.
IDIQ CPFF Tasks:
The estimated cost of this contract for IDIQ tasks is $the sum of the task orders issued under the contract, exclusive of the fixed fee of $the sum of the task orders issued under this contract. The total estimated cost and fixed fee is $the sum of all task orders issued under this contract.
B.3 (GSFC 52.216-90) MINIMUM/MAXIMUM AMOUNT OF SUPPLIES OR SERVICES (COST
REIMBURSEMENT) (APR 2008)
(a) The minimum amount of supplies or services that shall be ordered during the effective period of this contract is $20,000.00. The maximum amount of supplies or services that may be ordered during the effective period of this contract is $16,000,000. All orders placed under this contract will be applied to the minimum and maximum specified in this paragraph.
(b) The minimum amount is reached when the sum of the dollar amounts of all ordered supplies or services, except for any adjustments made pursuant to the Limitation of Cost or Limitation of Funds clause, equals or exceeds the minimum amount stated in paragraph (a).
(c) The maximum amount is reached when the sum of the dollar amounts of all ordered supplies or services, except for any adjustments made pursuant to the Limitation of Cost or Limitation of Funds clause, equals the maximum amount stated in paragraph (a).
(d) The maximum amount, if reached, precludes the issuance of further orders for supplies or services under this contract. However, reaching the maximum amount does not preclude adjustments to the dollar amounts of existing placed orders, for actions that are within the scope of the placed orders, and which are made pursuant to existing contract authority, such as the Changes clause.
(e) 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 20% of the original maximum amount.
*Note: The following clause applies to the IDIQ portion of the contract only.
B.4 (GSFC 52.216-91) SUPPLEMENTAL TASK ORDERING PROCEDURES (COST
REIMBURSEMENT) (APR 2010)
(a) When the Government issues a request for a “task plan” to the Contractor in accordance with the
Clause entitled “Task Ordering Procedure” of this contract, the Contractor shall prepare its estimate of the labor hours, labor categories, indirect costs, and other direct costs required to perform the task order requirements. The Contractor shall use only those appropriate labor and indirect cost rates, which may be less than but shall not exceed the rates found in Attachment H, to calculate the proposed estimated costs for all task orders issued in accordance with the “Task Ordering Procedure” clause of this contract.
(b) The Contractor’s proposed approach/pricing of the representative tasks set forth in its proposal for award of this contract shall be used as reference by the Contracting Officer in negotiating tasks with the Contractor which are issued under this contract, but only to the extent portions of a representative task are relevant to portions of a task actually issued.
(c) The Government and Contractor agree that the fixed fee percentage specified in Attachment H shall be used to calculate the fixed fee dollars on all task orders issued in accordance with the “Task
Ordering Procedure” clause of this contract.
*Note: The following clause applies to the IDIQ portion of the contract only.
B.5 (GSFC 52.216-94) NONPROPOSED COSTS (FEB 1991)
(a) The total estimated cost of this contract includes the following estimated costs:
Cost Element Estimated Cost: Base Option 1: Option 2: Option 3: Option 4:
Greenbelt Waste Disposal Costs $115,000 $118,450 $122,004 $125,664 $129,434
WFF Waste Disposal Costs $ 50,000 $ 51,500 $ 53,045 $ 54,636 $ 56,275
GSFC Regulatory Fees $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000
(b) These costs are the Government's best estimate of what the actuals will be. There will be no adjustment in the fee(s) of the contract should the actuals be different than these estimates, unless additional effort is added to the contract or there is a change to the contract under the Changes clause of this contract which impacts these estimates.
B.6 (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 Period of Performance/Effective
Ordering Period Core Amount
February 1, 2022 through January 31, Estimated Cost $TBP
Fixed Fee $TBP
Total CPFF $TBP
February 1, 2023 through January 31, Estimated Cost $TBP
Fixed Fee $TBP
Total CPFF $TBP
February 1, 2024 through January 31, Estimated Cost $TBP
Fixed Fee $TBP
Total CPFF $TBP
February 1, 2025 through January 31, Estimated Cost
$TBP
B.7 (1852.232-81) CONTRACT FUNDING (JUN 1990)
Core Requirement Funding:
(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 for the Core Requirement is
$TBD. This allotment is for TBD and covers the following estimated period of performance:
TBD.
(b) An additional amount of $TBD is obligated under this contract for payment of fee for the Core
Requirement.
(c) The cumulative amount of funding obligated for payment of cost and fee for the Core
Requirement under this contract is $TBD.
IDIQ Task Order Funding:
(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 for the IDIQ Requirement is
$ TBD. This covers the following estimated period of performance: TBD.
(b) An additional amount of $ TBD is obligated under this contract for payment of fee for the IDIQ
Requirement.
(c) The cumulative amount of funding obligated for payment of cost and fee under this contract is $
TBD.
B.8 (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
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; Safety and Health Plan, Attachment E; Contract Historical Data, Attachment G and task orders issued hereunder.
C.2 (GSFC 52.235-92) REPORTS OF WORK (CORE/IDIQ) (AUG 2013)
(a) Monthly progress reports. The Contractor shall submit monthly progress reports of all work accomplished covering Core Services and all Task Orders active during each month of contract performance. Reports shall address the accomplishments and progress of all work performed under the Core Services and each Task Order for the month being reported. The Core and each individual
Task Order shall be a consolidated report. The report shall be in narrative form and brief in content.
The report shall include a description of overall progress to include 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 three monthly reporting periods.
(b) Final Report. The Contractor shall submit a final report for the Core Services and each completed Task
Order that summarizes the results of the entire Core contract and each individual Task Order, including recommendations and conclusions based on the experience and results obtained. The final reports should include, as appropriate, tables, graphs, diagrams, curves, sketches, photographs, and drawings in sufficient detail to comprehensively explain the results achieved. The final Task Order report shall also include the final incurred cost for that Task Order.
(c) Submission. The Contractor shall submit the report required by this clause as follows:
Copies Report Type Addressee Mail Code
1 M,F Contracting Officer (CO) 210.I
1 M,F Contracting Officer's Representative (COR) 250
1 M,F Task Monitor See Task Order
[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 Core contract or a Task Order is awarded beyond the middle of a month, the first monthly report shall cover the period from award until the end of the following three months.
The final report for each Task Order shall be submitted within 30 days after completion of the Task
Order and the final report for the Core Services shall be submitted within 30 days after Core completion.
C.3 (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
SECTION D
PACKAGING AND MARKING
D.1 (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 appropriate
NASA center receiving activity listed below:
NASA Goddard Space Flight Center (GSFC)
Building 35, Code 279
Greenbelt, MD 20771
NASA GSFC/Wallops Flight Facility
Building 19, Code 200C
Wallops Island, VA 23337
(f) The contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that require delivery of equipment.
SECTION E
INSPECTION AND ACCEPTANCE
E.1 (52.246-5) INSPECTION OF SERVICES - COST-REIMBURSEMENT (APR 1984)
E.2 (GSFC 52.246-92) ACCEPTANCE—SERVICES (SEP 2013)
The Contracting Officer or authorized representative will accomplish acceptance at the Goddard Space
Flight Center and as specified in individual Task Orders issued. For the purpose of this clause, the
Contracting Officer's Representative delegated on this contract is the authorized representative. The
Contracting Officer reserves the right to unilaterally designate a different Government agent as the authorized representative. The Contractor will be notified by a written notice or by a copy of the delegation of authority if different representative is designated.
E.3 (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.
SECTION F
DELIVERIES AND PERFORMANCE
F.1 (52.242-15) STOP-WORK ORDER (AUG 1989) - ALTERNATE I (APR 1984)
F.2 (GSFC 52.217-92) PERIOD OF PERFORMANCE/EFFECTIVE ORDERING PERIOD (JAN
2014)
The period of performance of this contract shall be for a period of 12 months from the contract effective date of TBD. The effective ordering period of the IDIQ portion of this contract coincides with the core services period of performance.
F.3 (GSFC 52.237-92) PLACE OF PERFORMANCE – SERVICES (NOV 2013)
The services to be performed under this contact shall be performed at the following location(s): The
Contractor shall primarily provide services at the Greenbelt and Wallops facilities of the Goddard Space
Flight Center (GSFC). Support may also be required at any facility or location where NASA has management responsibility, oversight responsibility, or potential environment responsibility.
F.4 (GSFC 52.247-94) SHIPPING INSTRUCTIONS--CENTRAL RECEIVING (FEB 2016)
Shipments of the items required under this contract shall be to the appropriate facility:
Receiving Officer
Goddard Space Flight Center
Building 35, Code 279
Greenbelt, Maryland 20771
GSFC Wallops Flight Facility
Building F-19
Wallops Island, VA 23337
Marked for:
Technical Officer: Phillip Nessler, Code 250 (Greenbelt)
Building: 26
Room: N250
Contract No.: TBD
Item(s) No.: 1, 2, 3, 5, 9, 16, 17, 18, 19, 20 & 21
Technical Officer: TBD, Code TBD (Wallops)
Building:
Room:
Contract No.: TBD
Item(s) No.: 1, 2, 3, 5, 9, 16, 17, 18, 19, 20 & 21
Compliance with this clause is necessary to assure verification of delivery and acceptance and prompt payment.
SECTION G
CONTRACT ADMINISTRATION DATA
G.1 (1852.216-75) PAYMENT OF FIXED FEE (DEC 1988)
G.2 (1852.227-72) DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND
PATENT REPRESENTATIVE (APR 2015)
G.3 (1852.242-71) TRAVEL OUTSIDE OF THE UNITED STATES (DEC 1988)
G.4 (1852.242-73) NASA CONTRACTOR FINANCIAL MANAGEMENT REPORTING (NOV
2004)
G.5 (1852.245-70) CONTRACTOR REQUESTS FOR GOVERNMENT-PROVIDED EQUIPMENT
(AUG 2015)
G.6 (1852.245-75) PROPERTY MANAGEMENT CHANGES (JAN 2011)
G.7 (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.8 (1852.245-71) INSTALLATION-ACCOUNTABLE GOVERNMENT PROPERTY (JAN 2018)
(a) The Government property described in paragraph (c) of this clause may be made available to the
Contractor on a no-charge basis for use in performance of this contract. This property shall be utilized only within the physical confines of the NASA installation that provided the property unless authorized by the Contracting Officer under (b)(1)(iv). Under this clause, the Government retains accountability for, and title to, the property, and the Contractor shall comply with the following:
NASA Procedural Requirements (NPR) 4100.1, NASA Materials Inventory Management Manual;
NASA Procedural Requirements (NPR) 4200.1, NASA Equipment Management Procedural
Requirements;
NASA Procedural Requirement (NPR) 4300.1, NASA Personal Property Disposal Procedural
Requirements;
Property not recorded in NASA property systems must be managed in accordance with the requirements of the clause at FAR 52.245-1, as incorporated in this contract.
The Contractor shall establish and adhere to a system of written procedures to assure continued, effective management control and compliance with these user responsibilities. In accordance with FAR 52.245-
1(h)(1) the contractor shall be liable for property lost, damaged, destroyed or stolen by the contractor or their employees when determined responsible by a NASA Property Survey Board, in accordance with the
NASA guidance in this clause.
(b)(1) The official accountable recordkeeping, financial control, and reporting of the property subject to this clause shall be retained by the Government and accomplished within NASA management information systems prescribed by the installation Supply and Equipment Management Officer (SEMO) and Financial
Management Officer. If this contract provides for the Contractor to acquire property, title to which will vest in the Government, the following additional procedures apply:
(i) The Contractor's purchase order shall require the vendor to deliver the property to the installation central receiving area.
(ii) The Contractor shall furnish a copy of each purchase order, prior to delivery by the vendor, to the installation central receiving area.
(iii) The Contractor shall establish a record for Government titled property as required by FAR 52.245-1, as incorporated in this contract, and shall maintain that record until accountability is accepted by the
Government.
(iv) Contractor use of Government property at an off-site location and off-site subcontractor use requires advance approval of the Contracting Officer and notification of the Industrial Property Officer. The property shall be considered Government furnished and the Contractor shall assume accountability and financial reporting responsibility. The Contractor shall establish records and property control procedures and maintain the property in accordance with the requirements of FAR 52.245-1, Government Property
(as incorporated in this contract), until its return to the installation. NASA Procedural Requirements related to property loans shall not apply to offsite use of property by contractors.
(2) After transfer of accountability to the Government, the Contractor shall continue to maintain such internal records as are necessary to execute the user responsibilities identified in paragraph (a) of this clause and document the acquisition, billing, and disposition of the property. These records and supporting documentation shall be made available, upon request, to the SEMO and any other authorized representatives of the Contracting Officer.
(c) The following property and services are provided if checked:
X (1) Office space, work area space, and utilities. Government telephones are available for official purposes only.
X (2) Office furniture.
X (3) Property listed in Attachment C
(i) If the Contractor acquires property, title to which vests in the Government pursuant to other provisions of this contract, this property also shall become accountable to the
Government upon its entry into Government records.
(ii) The Contractor shall not bring to the installation for use under this contract any property owned or leased by the Contractor, or other property that the Contractor is accountable for under any other Government contract, without the Contracting Officer's prior written approval.
(4) Supplies from stores stock.
X (5) Publications and blank forms stocked by the installation.
X (6) Safety and fire protection for On-site Contractor personnel and facilities.
X (7) Installation service facilities: Motor Pool and IT Services through the NASA End-User
Services and Technologies (NEST) Contract.
X (8) Medical treatment of a first-aid nature for Contractor personnel injuries or illnesses sustained during on-site duty.
X (9) Cafeteria privileges for Contractor employees during normal operating hours.
X (10) Building maintenance for on-site facilities occupied by Contractor personnel.
X 11) Moving and hauling for on-site office moves, movement of large equipment, and delivery of supplies. Moving services may be provided on-site, as approved by the Contracting Officer.
G.9 (1852.245-76) LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO FAR
52.245-1 (JAN 2011)
For performance of work under this contract, the Government will make available Government property identified below or in Attachment C of this contract on a no charge-for-use basis pursuant to the clause at
FAR 52.245-1, Government Property, as incorporated in this contract. The Contractor shall use this property in the performance of this contract at Goddard Space Flight Center and at other location(s) as may be approved by the Contracting Officer. Under FAR 52.245-1, the Contractor is accountable for the identified property.
G.10 (1852.245-82) OCCUPANCY MANAGEMENT REQUIREMENTS (SEP 2017)
(a) In addition to the requirements of the clause at FAR 52.245-1, Government Property, as included in this contract, the Contractor shall comply with the following in performance of work in and around
Government real property:
(1) NPD 8800.14, Policy for Real Estate Management.
(2) NPD 8831.2, Facilities Maintenance and Operations Management.
(b) The Contractor shall obtain the written approval of the Contracting Officer before installing or removing Contractor-owned property onto or into any Government real property or when movement of
Contractor-owned property may damage or destroy Government-owned property. The Contractor shall restore damaged property to its original condition at the Contractor's expense.
(c) The Contractor shall not acquire, construct or install any fixed improvement or structural alterations in
Government buildings or other real property without the advance, written approval of the Contracting
Officer. Fixed improvement or structural alterations, as used herein, means any alteration or improvement in the nature of the building or other real property that, after completion, cannot be removed without substantial loss of value or damage to the premises. Title to such property shall vest in the Government.
(d) The Contractor shall report any real property or any portion thereof when it is no longer required for performance under the contract, as directed by the Contracting Officer.
G.11 (GSFC 52.216-100) INDIVIDUALS AUTHORIZED TO ISSUE ORDERS (DEC 2014)
The following personnel are authorized to issue orders under this contract. All designated personnel are employed by the Goddard Space Flight Center unless otherwise indicated:
Contracting Officer, Code 210.I
G.12 (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 D 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 Specialist, Code 210.I
E-Mail: Sherry.Barbour@nasa.gov
Contracting Officer’s Representative, Code 250
E-Mail: Phillip.J.Nessler@nasa.gov
Resources Analyst, Code 159
E-Mail: Alisoamy Bracero Rosario
Regional Finance Office Cost Team, Code 155.2
E-Mail: GSFC-rfocateam@lists.nasa.gov
Administrative Contracting Officer (if delegated)
(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.13 (GSFC 52.245-91) GOVERNMENT PROVIDED MOTOR VEHICLES (FEB 2016)
(a) Authorized users. The installation accountable property and services listed in NASA FAR Supplement clause 1852.245-71 include the use of GSFC motor pool vehicles. The Contractor shall submit to the
Contracting Officer, at least 20 days in advance, a list of employees intended to use the vehicles. The list shall include the type and class of State driver’s license that each employee possesses. After review of the list, the Contracting Officer will provide the list to the Greenbelt Motor Pool Dispatch Office, Code 279, or to the Wallops Help Desk, Code 200.C, as appropriate. They will use the list to ensure that only
Contractor employee(s) on the Contracting Officer's approved list are provided vehicles and will confirm that the Contractor employee has a valid State license for the type of vehicle being requested. Any changes to the list must also be submitted to the Contracting Officer.
(b) Restrictions and conditions. The following shall apply to the use of Government provided motor vehicles:
(1) Title 41 CFR 102-34.230. Also, home to work/work to home transportation is not authorized.
(2) The Motor Vehicle Safety requirements stated in subchapter 3.2 of NPR 8715.3, NASA
General Safety Program Requirements.
(3) The use of hand-held wireless (cellular) phones is prohibited when driving motor vehicles owned, leased, or rented by the Federal Government.
G.14 (GSFC 52.245-96) PROPERTY CLAUSE APPLICABILITY—ON-SITE AND OFF-SITE
(APR 2016)
(a) Performance of this contract requires that Contractor personnel and any furnished and/or acquired
Government property be located at both Government controlled and managed premises (onsite) and at
Contractor controlled and managed premises (offsite). The requirements for control and accountability of
Government property differ depending upon the location of the property. The applicability of the clauses in this contract to on-site and to off-site locations is indicated below.
(b) Clauses, if included in the contract, are applicable to both onsite and offsite locations.
FAR clause 52.245-1, “Government Property”
FAR clause 52.245-9, “Use and Charges”
NASA FAR Supplement clause 1852.245-70, “Contractor Requests for Government-Provided Property”
NASA FAR Supplement clause 1852.245-72, “Liability for Government Property Furnished for Repair or
Other Services”
NASA FAR Supplement clause 1852.245-73, “Financial Reporting of NASA Property in the Custody of
Contractors"
NASA FAR Supplement clause 1852.245-74, “Identification and Marking of Government Equipment”
NASA FAR Supplement clause1852.245-75, “Property Management Changes”
NASA FAR Supplement clause 1852.245-78, “Physical Inventory of Capital Personal Property”
NASA FAR Supplement clause 1852.245-79, “Records and Disposition Reports for Government Property with Potential Historic or Significant Real Value”
NASA FAR Supplement clause 1852.245-83, “Real Property Management Requirements”
GSFC clause 52.245-99, “Supplemental Financial Reporting of NASA Property in the Custody of
Contractors”
(c) Clauses, if included in the contract, are applicable to offsite locations only.
NASA FAR Supplement clause 1852.245-76, “List of Government Property Furnished Pursuant to FAR
52.245-1”
(d) Clauses, if included in the contract, are applicable to onsite locations only.
FAR clause 52.245-2, “Government Property Installation Operation Services”
NASA FAR Supplement clause 1852.245-71, “Installation-Accountable Government Property"
NASA FAR Supplement clause 1852.245-77, “List of Government Property Furnished Pursuant to FAR
52.245-2”
NASA FAR Supplement clause 1852.245-82, “Occupancy Management Requirements”
GSFC clause 52.245-93, “Reports of Contractor Acquired Government Property”
SECTION H
SPECIAL CONTRACT REQUIREMENTS
H.1 (1852.223-70) SAFETY AND HEALTH MEASURES AND MISHAP REPORTING (DEC 2015)
H.2 (1852.223-75) MAJOR BREACH OF SAFETY OR SECURITY (FEB 2002)
H.3 (1852.242-72) DENIED ACCESS TO NASA FACILITIES (OCT 2015)
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 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 Goddard Space Flight Center, Greenbelt, MD, Wallops Flight Facility, Wallops Island, VA or other NASA installations; where the foreign person will have access to export-controlled technical data or software.
(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.
(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.
H.5 (GSFC 52.204-99) CONTRACTOR PERSONNEL—IDENTIFICATION, ONSITE
REPORTING, AND CHECKOUT PROCEDURES (APR 2013)
(a) In accordance with FAR 52.204-9, Personal Identity Verification of Contractor Personnel, the
Contractor shall follow Steps 1 through 7 described in Attachment B, Personal Identity Verification
(PIV) Card Issuance Procedures, for each contract employee (prime and subcontractor) who will have physical access to a NASA-controlled facility (also referred to as “onsite”). The Contractor must apply for permanent NASA/GSFC PIV cards for those contract employees who will be employed by the Contractor onsite for at least six months. The GSFC Security Division will consider permanent
PIV cards for other employees of the Contractor on a case-by-case basis, such as employees that are not resident onsite, but must frequently visit. In the future, upon written notice from the Contracting
Officer, the Contractor shall follow Steps 1 through 7 in Attachment B for each offsite contract employee (prime and subcontractor) who require remote access to a NASA information system for contract performance.
(b) The Contractor shall notify the GSFC Security Division, Code 240, Attention: PIV Manager, and the
Contracting Officer’s Representative (COR) of the contractor’s designated PIV Requester within 15 calendar days after award of this contract. The NASA maintained PIV system contains work and home location and contact information for personnel that have permanent NASA PIV cards. The
Contractor may contact the PIV Manager, Tel 301-286-2306 for assistance regarding the PIV system.
(c) Each contract employee shall provide to the Contractor’s designated PIV Requester the basic identifying information required for a PIV Request to be initiated in the PIV System. The PIV
Request must be approved by the PIV Sponsor (COR or the Contracting Officer). The COR will resolve any housing or access issues, and review the request for accuracy and completeness. Requests that are approved by the PIV Sponsor will be forwarded to the GSFC Security Division, Code 240, PIV Authorization, Badge enrollment, and Badge issuance.
(d) The Contractor shall submit an annotated PIV Report each month. The GSFC PIV Manager will furnish a PIV print-out to the Contractor no later than the end of each month. The Contractor shall annotate this provided report monthly to correct and update the information as follows:
(1) Draw a line through the names of employees who are no longer employed by the contractor or that no longer work onsite under the contract, and;
(2) Make handwritten changes to any other incorrect data.
The annotated PIV Report shall be separately submitted to the GSFC Security Division, Code
240, Attention: PIV Manager, and to the COR by the 10th calendar day of the month.
For the final PIV Report under the contract, the GSFC PIV Manager will furnish a PIV print-out to the Contractor no later than two weeks prior to the end of the contract. The Contractor shall submit its annotated final PIV Report no later than 3 days prior to the end of the contract.
If this is a follow-on contract, at the end of the phase-in period (if any)/start of the basic contract period, the GSFC Security Division will provide the Contractor a copy of the final
PIV Report from the previous contract. The Contractor shall review the list and redline it as necessary to reflect its employees requiring PIV cards. The redlined list shall be provided the
GSFC Security Division within 30 days after the start of the contract.
(e) The Contractor shall ensure that all personnel who have NASA/GSFC issued PIV cards, keys or other property who leave its employment or that no longer work onsite, process out through the GSFC
Security Division, Code 240. Employees must return all GSFC issued identification and any
Government property no later than the last day of their employment or the last day they work onsite under this contract. The Contractor shall establish appropriate procedures and controls to ensure this is accomplished. Failure to comply may result in the exercise of Government rights to limit and control access to Government premises, including denial of access and invalidation of NASA issued
PIV cards and identification.
H.6 (GSFC 52.211-95) GOVERNMENT PREMISES—PHYSICAL ACCESS AND COMPLIANCE
WITH PROCEDURES (FEB 2016)
(a)(1) The Contractor must apply for permanent NASA/GSFC Personal Identity Verification (PIV) cards
(badges) for those employees that will be employed by the Contractor and subcontractors and that will be resident for at least six months at GSFC or at locations controlled by GSFC, such as GSFC leased space.
Other personnel may be issued a temporary badge. All personnel must conspicuously display the GSFC
PIV card at, or above, the waistline. Refer to GSFC clause 52.204-99, “Contractor Personnel –
Identification, Onsite Reporting, and Checkout Procedures” for permanent PIV card issuance procedures.
(2) Visits by foreign nationals are restricted and must be necessary for the performance of the contract and concurred with by the Contracting Officer or by the Contracting Officer’s Representative.
Approval of such visits must be approved in advance in accordance with Goddard Procedural
Requirement (GPR) 1600.1.
(3) Access to the GSFC may be changed or adjusted in response to threat conditions or special situations.
(b) While on Government premises, the Contractor shall comply with all requirements governing the conduct of personnel and the operation of the facility. These requirements are set forth in NASA
Procedural Requirements (NPR), NASA Policy Directives (NPD), GPRs, GSFC Policy Directives (GPD), handbooks and announcements. The following cover many of the requirements:
(1) Harassment and Discrimination Announcements http://eeo.gsfc nasa.gov/policy.html
(2) GSFC Workplace Violence Announcement https://gs279gdmsias.gsfc nasa.gov/srv/GDMSNEWDatabaseObject?document id=21144
(3) GPR 1600.1, GSFC Security Requirements
(4) NPD 1600.3, Policy on Prevention of and Response to Workplace Violence
(5) GPR 1700.1, Occupational Safety Program at GSFC
(6) GPR 1700.2, Chemical Hygiene Program
(7) GPR 1700.5, Control of Hazardous Energy (Lockout/Tagout)
(8) GPR 1700.6, Confined Space Program at GSFC
(9) GPR 1700.7, Electrical Safety
(10) GPR 1700.8, GSFC Hazard Communication Program
(11) GPR 1800.1, GSFC Smoking and Other Tobacco Use Requirements
(12) GPR 1800.6, Occupational Health, Medicine and Employee Assistance Programs
(13) GPR 1840.2, Industrial Hygiene Program
(14) GPR 1860.1, Ionizing Radiation Protection
(15) GPR 1860.2, Laser Radiation Protection
(16) GPR 1860.3, Radio Frequency Radiation Protection
(17) GPR 1860.4, Ultraviolet and High Intensity Light Radiation Protection
(18) NPD 2540.1, Personal Use of Government Office Equipment Including Information Technology
(19) GPR 2570.1, Spectrum Management and Radio Frequency (RF) Equipment Licensing
(20) NPR 3713.3, Anti-Harassment Procedures
(21) GPD 8500.1, Environmental Policy and Program Management
(22) GPR 8621.4, GSFC Mishap Preparedness and Contingency Plan
(23) GPR 8710.2, GSFC Emergency Management Program Plan
(24) GPR 8710.7, Cryogenic Safety
(25) GPR 8710.8, GSFC Safety Program Management
(26) GPD 8715.1, GSFC Safety Policy
(27) GPR 8715.1, Processing of NASA Safety Reporting System (NSRS) Incident Reports
(28) GPR 8715.8, Fall Protection Requirements for GSFC
Copies of the current issuances of the GPD/GPRs may be obtained at http://gdms.gsfc nasa.gov from a computer onsite (GSFC Government Facility) or from the Contracting Officer. Copies of the current issuances of the NPD/NPRs may be obtained at http://nodis3.gsfc nasa.gov or from the Contracting
Officer. The above list may be modified by the Contracting Officer to include additional issuances pertaining to the conduct of personnel and the operation of the facility.
(c) The Contractor may not use official Government mail (indicia or "eagle" mail). Contractors found in violation could be liable for a fine of $300 per piece of indicia mail used. However, the Contractor is allowed to use internal GSFC mail to the extent necessary for purposes of the contract.
H.7 (GSFC 52.223-91) SAFETY AND HEALTH--ADDITIONAL REQUIREMENTS (Nov 2019)
In addition to compliance with all Federal, state, and local laws as required by paragraph (b) of NFS clause 1852.223-70, the Contractor shall comply with the following:
(a) Incident Reporting: The immediate notification and prompt reporting requirement included in paragraph (d) of NFS clause 1852.223-70 shall be to Goddard Space Flight Center Safety Division, Code 360, Telephone 301-356-3224 and to the Contracting Officer (CO) for Greenbelt. This verbal notification should be confirmed in writing via E-Mail to the CO and GSFC-
OccSafetyOffice@mail.nasa.gov and entered into the NASA Mishap Information System (NMIS) within 24 hours and to Wallops Flight Facility Safety Office, Code 803, Telephone 757-824-1625 and to the Contracting Officer (CO) for Wallops. This verbal notification should be confirmed in writing via E-Mail to the CO and logan.j.wright@nasa.gov and entered into the NASA Mishap Information
System (NMIS) within 24 hours. This notification is also required for any unsafe or environmentally hazardous condition associated with Government-owned property that is provided or made available for the performance of the contract.
(b) Submit a monthly safety and health report using NMIS. Specify incidents (mishaps and close calls) and man-hours worked/month. Access to NMIS must be requested through the NASA Access
Management System (NAMS) within 30 days of the contract effective date at https://idmax nasa.gov.
Until access is approved, use the Contractor Monthly Statistics Report Template available at http://safety1st.gsfc nasa.gov under Contractor Safety and e-mail the completed form to krystal.a.kennedy@nasa.gov for Greenbelt and logan.j.wright@nasa.gov for Wallops.
H.8 (GSFC 52.227-93) APPLICABILITY OF RIGHTS IN DATA – SPECIAL WORKS (MAR
2008)
The "Rights in Data - Special Works" clause of this contract applies to the following aspects (or items):
Any data requested by the Government for any legitimate government use.
H.9 (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.10 (GSFC 52.251-90) REPORT OF NASA-GSFC VEHICLES (JUL 2006)
The Contractor shall prepare a monthly report using GSFC Form 26-5 "Report of NASA/GSFC Vehicles" for each general purpose motor vehicle that is assigned and provided to the Contractor under the terms of this contract. “Assigned” means provided to the Contractor for a period of 30 or more consecutive days.
The report shall be submitted to the Logistics and Transportation Management Branch, Code 274, with a copy to the Contracting Officer. The report(s) are due no later than the 15th day of the month following the reporting month.
SECTION I
CONTRACT CLAUSES
I.1 (52.202-1) DEFINITIONS (NOV 2013)
I.2 (52.203-3) GRATUITIES (APR 1984)
I.3 (52.203-5) COVENANT AGAINST CONTINGENT FEES (MAY 2014)
I.4 (52.203-6) RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT
(SEP 2006)
I.5 (52.203-7) ANTI-KICKBACK PROCEDURES (MAY 2014)
I.6 (52.203-8) CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR
ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
I.7 (52.203-10) PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY
(MAY 2014)
I…
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