NBOC II Contract Clauses - Sections B-M posting doc 5-13-20 TS.pdf

SECTION B OF 80GSFC20R0031

SUPPLIES OR SERVICES AND PRICES/COST

GSFC 52.211-90 SUPPLIES AND/OR SERVICES TO BE PROVIDED (JUN 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 Description/Specifications/Statement of Work incorporated Attachment A, Statement of Work, and Task Orders issued hereunder.

Item Description Reference Schedule Delivery Method/Addressee(s)

1 Services and Deliverables in accordance with Attachment A, Statement of Work (SOW) Core Services

As defined in Clause J.1 Attachment A SOW- Core Services

As defined in Attachment A SOW-Core Services

As defined in Attachment A, SOW- Core Services

2 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 Foreign Travel Requests and Foreign Travel Reports

Section G NFS 1852.242-71

Requests - At least 30 days in advance of travel;

Reports – due within 10 days of the completion of travel

As specified in Contracting Officer’s travel approval

4 Task Plans Section B GSFC 52.216-91, Section I

NFS 1852.216-80

15 days after CO request

Automated task ordering system such as NASA Task Ordering Systems (TOMS)

5 Reports of Work Section C GSFC 52.235-92

As Specified in Clause

1 Electronic Copy to Contracting Officer (CO) and Contracting Officer’s Representative (COR)

6 NASA Financial Management Reports

Section G GSFC

52.242-90 & NFS

1852.242-73, Attachment E

Monthly and Quarterly in accordance with Attachment E

Electronic Copy to CO, COR, Resources Analyst (RA), & Regional Finance Office

7 Small Business Subcontracting Plan and Reports

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

8 Materials Safety Data Sheets

Section I FAR 52.223-3

As Required per Clause

Hard Copy to CO

9 Information Technology (IT) Security Management Plan

Section I NFS 1852.204-76

30 Days after Contract Effective Date & Annual Updates As Required

Electronic Format/CO

10 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

11 Request for Government Property

Section G NFS 1852.245-70

30 days prior to acquire date

Electronic Formant/CO

12 Safety and Health Reporting

Section H NFS 1852.223-70, Section

H NFS 1852.223-75

& Section H GSFC 52.223-91

Monthly/Quarterly Reports and As Required

NASA Mishap Information System (NMIS)

13 NASA Vehicle Reports (GSFC Form 26-5)

Section H GSFC 52.252-90

15th Day of the Month following Reporting Period

Electronic Format to CO and Code 274

14 Personal Identity Verification (PIV) Documentation and Reporting

Section H GSFC 52.204-99 Attachment N

10th Day of the Month and As Required

Electronic Format and Hard Copy/COR & Code 240

15 Contract Historical Data Section C GSFC 52.211-91 Attachment M

30 days after written CO’s request

Electronic Copy to CO

16 NASA Form (NF) 1489 Clause G.15 Monthly Electronic Copy to CO &

SEMO

17 NF 1619 Clause G.15 Annually Electronic Copy to CO &

SEMO

18 Financial Report of NASA Property in the Custody of Contractors (NF 1018)

Section G NFS 1852.245-93

Annual report due by October 15 & Final Report as specified

NF1018 Electronic Submission System (NESS)

19 List of Employees Using GSFC Motor Pool Vehicles

Section G GSFC 52.245-91

20 days in advance of use

Electronic Copy to CO

20 Contract Phase-Out Plan SOW Section 3.1.1 90 days prior to the end of the contract

Hardcopy & Electronic Copy to

COR

21 Quality Manual SOW Section 3.1.2 30 days after contract effective date

Electronic Copy to COR

22 Reliability and Quality Assurance Plan

SOW Sections 3.1.3 & 3.1.5

30 days after contract effective date

Electronic Copy to COR

23 Government-Industry Data Exchange Program (GIDEP) Notification

SOW Section 3.1.3 As required per Clause

Electronic Copy to COR

24 Configuration Management Control Plan

SOW Section 3.1.4 30 days after contract effective date

Electronic Copy to COR

25 Training and Certification Plan

SOW Section 3.1.7 30 days after contract effective date & Annually

Electronic Copy to COR

26 Construction of Facilities Plan

SOW Section 3.1.12 By July 31st of each year

Electronic Copy to COR

27 Balloon Flight Historical Data

SOW Section 3.1.16 Annually or upon request

Electronic Copy to COR

28 Annual NASA Candidate Flight Plan

SOW Section 3.2.1 By July 31st of each year

Hardcopy to COR

29 Flight Request Packages SOW Section 3.2.1 By July 31st of each year

Electronic Copy to COR

30 Nuclear Launch Safety Authorization Notification

SOW Section 3.2.6 3 months prior to a campaign

Electronic Copy to COR

31 Balloon Flight Summary Document

SOW Section 3.2.11 Within 3 months following a campaign

Electronic Copy to COR

32 Columbia Scientific Balloon Facility (CSBF) Engineering Plan

SOW 3.3.2 Prior to February 1 of each year

Electronic Copy to COR

33 Material Inspection and Receiving Reports (DD Form 250)

Section E NFS 1852.246-72

As required per Clause

Hard Copy/CO, COR, and Receiving & Inspection

34 Real Property Manual SOW Section 3.1.17 Update Annually Electronic Copy to COR & CO 35 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

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

Section G

GSFC 52.245-99

Monthly By the 21st of each Month and Final Report

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

37 Physical Inventory of Capital Personal Property Reporting

Section G

NFS 1852.245-78

Within 10 Days of Annual Physical Inventory

Property Administrator

38 Government Real Property Maintenance Plan

Section G

NFS 1852.245-83

30 Days after Contract Effective Date

Electronic Format/CO and

COR

39 Contractor Acquired Government Property Reporting

Section G

GSFC 52.245-93

Quarterly by Jan 30, Apr 30, July 30, and Oct 30

Electronic and Hard Copy Format/CO and SEMO, Code

40 Federal Automotive Statistical Tool

Section H

NFS 1852.223-76

Annually by Oct 15th http://fastweb.inel.gov

41 Equal Opportunity Reports

Section I

FAR 52.222-26

As Specified by

FAR 52.222-26

Electronic Format/CO & Code

42 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

43 Subcontract Notification Section I

FAR 52.244-2

30 Days Prior to Subcontract Award Date

Electronic or Hard Copy Format/CO

44 Affirmative Procurement of Biobased Products

Section I

FAR 52.223-2

Annually by October 31 and Final Report https://www.sam.gov and copy to the CO

45 Estimate of Recovered Material Content

Section I

FAR 52.223-9

Upon Contract Completion

Electronic Format/CO and

COR

46 Annual Report SOW Section 3.1.10 Annual by December 15th

Electronic Format

47 Quarterly Review SOW Section 3.1.10 Quarterly Electronic presentation along with verbal briefing

(End of text)

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 total cost plus fixed fee task orders issued under the contract, exclusive of the fixed fee of $the sum of the total cost plus fixed fee task orders issued under this contract. The total estimated cost and fixed fee is $the sum of all cost plus fixed fee task orders issued under this contract.

(End of clause)

1852.232-81 CONTRACT FUNDING (JUN 1990)

Core Funding Requirements:

(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 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 under this contract is $TBD.

Task Order Funding for CPFF Tasks:

(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 Requirements 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 Requirements.

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

MINIMUM/MAXIMUM AMOUNT OF SUPPLIES OR SERVICES (GSFC 52.216-90)

(APR 2008)

THE FOLLOWING CLAUSE APPLIES TO THE IDIQ PORTION OF THE CONTRACT:

(a) The minimum amount of supplies or services that shall be ordered during the effective period of this contract is $500,000. The maximum amount of supplies or services that may be ordered during the effective period of this is $100.5M. 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.

GSFC 52.216-91 SUPPLEMENTAL TASK ORDERING PROCEDURES (COST

REIMBURSEMENT) (APR 2010)

THE FOLLOWING CLAUSE APPLIES TO THE IDIQ PORTION OF THE CONTRACT:

(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 F, 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 F 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.

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 IDIQ Maximum

Eighteen (18) months after the effective date of the contract (TBD) through twenty-four (24) months thereafter

Estimated Cost $TBP

Reference note below

Fixed Fee $TBP

Total CPFF $TBP

Fourty-two (42) months after the effective date of the contract (TBD) through twenty-four (24) months below

Fixed Fee $TBP

Total CPFF $TBP

Sixty-Six (66) months after the effective date of the contract (TBD) through eighteen (18) months below

Fixed Fee $TBP Total CPFF $TBP

Total CPFF

$TBP

NOTE: The maximum IDIQ value over the life of the contract is $100.5M.

ESTIMATED COST INCREASES (GSFC 52.232-94) (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.

NONPROPOSED COSTS FOR CORE REQUIREMENTS

(a) The total estimated cost of this contract for Core Requirements includes the following estimated costs:

Note: The following cost element definitions provide examples that may or may not be procured during the life of the contract. See the Statement of work for additional descriptions/information regarding the identified cost elements.

Balloons – Envelope, constructed of polyethylene film, which is filled with helium, to provide a platform in the stratosphere for scientific investigations. NASA Standard and small hand launch Balloons covered in these costs.

GFY 21 GFY 22 GFY 23 GFY 24 GFY 25 GFY 26 GFY 27 GFY 28

Balloons $2,714,804 $5,429,608 $5,619,644 $5,816,332 $6,019,904 $6,230,600 $6,448,671 $3,337,187

$1,090,453 $1,128,619

$407,159 $584,756 $725,458 $625,708 $647,607 $418,644

$261,688 $390,534 $492,055 $409,960 $424,309 $383,598

$351,214 $746,047 $370,117 $383,071 $206,143

$683,511 $1,006,308 $765,536 $1,060,588 $1,097,709 $1,029,892

$215,571 $251,137 $253,991 $268,232 $277,620 $149,676

$11,324,108 $11,332,148 $11,270,687 $77,026,972 Total Non- Proposed Costs $4,619,410 $9,238,821 $10,612,741 $11,728,774 $6,900,283

Materials $107,785 $238,095 $1,762,107

Ground Support Equipment $341,755 $580,948 $6,566,247

Flight Hardware/Flight

Electronics $506,670 $1,013,340 $1,210,754 $1,158,882

Range Expenses $122,209 $244,418 $1,160,873 $3,584,092

Freight $130,844 $630,526 $3,123,514

Expendable Gases $203,580 $811,897

Cost Elements Option 3

$7,538,512 Helium IsoPaks $491,763 $983,526 $1,017,950 $1,053,578 $1,168,121 $604,502

Base Period of Performance

$41,616,750

$1,230,664 $1,238,324

Total Estimated Cost

Option 1 Option 2

$4,424,809

$1,281,666 $770,641 $8,410,941

Helium IsoPaks – Costs associated with the lease of Helium IsoPaks (tube trailers).

Expendable Gases – Costs for compressed gases and cryogens such as: Argon, Carbon Dioxide, Helium, Nitrogen, Purified air, Liquid Helium, Liquid Nitrogen, etc.

Freight – Costs associated with shipping of science, support, and campaign related equipment. Science shipping costs only cover from CSBF to remote, non-domestic launch sites and return. This does not cover costs to ship science to/from science home institutions for domestic missions or to ship any science to/from CSBF for remote, non-domestic launched missions. Those costs are carried by the science users.

Range Expenses – Costs associated with specific field campaigns (Fort Sumner, NM, Sweden, etc.) such as land and building leases, licenses, taxes and range fees which may include consumables, supplies, and equipment provided by the host range.

Flight Hardware and Flight Electronics– Costs for flight hardware and flight electronics purchases and/or refurbishments such as: test gondolas, parachutes, ripstitches, flight trains, rigging, mechanical terminate fittings, ballast systems, helium valving systems, mechanical parachute separation devices, Universal terminate packages (UTP), Remote Firing Units (RFU), Semi-Automatic Parachute Release (SAPR), Gondola Automatic Parachute Release (GAPR), Consolidated Instrument Packages (CIP), Support Instrumentation Packages (SIP), Miniature Support Instrumentation Packages (Mini-SIP), Micro Instrumentation Package (MIP), Solar Pointing Systems (SPS), Advanced Collar Electronic Receiver (ACER), Batteries, Transponders, Solar Panels, pyrotechnics, etc.

Ground Support Equipment (GSE) – Cost for procurement or rental of GSE such as: inflation spools, launch support vehicles, telemetry ground stations, telemetry transceivers and antennas, test equipment, cranes, powered industrial trucks, mobile area platforms, Heise gauges, hoses, Tracking and Data Relay Satellite System (TDRSS) simulators, etc. This would normally include such equipment as necessary to support missions.

Materials – Costs for expendable or less durable items such as auto supplies, vehicle fuel, electronics supplies, mechanical supplies, meteorological sounding balloons and pilot balloons, computer software, computer supplies, office supplies, etc.

(b) These costs for Core Requirements are the Government's best estimate of what the actuals will be. There will be no adjustment in the fee(s) of the contract for Core Requirements should the actuals be different than these estimates, unless a contract modification under the Changes clause of this contract impacts these estimates.

SECTION C OF 80GSFC20R0031

DESCRIPTION/SPECS/WORK STATEMENT

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 D; Contract Historical Data, Attachment M; Reliability & Quality Assurance Plan, Attachment J; Reports of work identified in C.2; 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 separate 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 monthly reporting period.

(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) 820 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 month. 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.

SECTION C OF 80GSFC20R0031

DESCRIPTION/SPECS/WORK STATEMENT

C.3 LIMITED RIGHTS DATA OR RESTRICTED COMPUTER SOFTWARE (GSFC 52.227-

90) (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 OF 80GSFC20R0031

PACKAGING AND MARKING

D.1 1852.211-70 PACKAGING, HANDLING, AND TRANSPORTATION (SEPT 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.

SECTION D OF 80GSFC20R0031

PACKAGING AND MARKING

(e) The data required in paragraphs (c) and (d) of this clause shall be delivered to the NASA center receiving activity listed below:

GSFC/Wallops Flight Facility Building 19, Code 200C

Wallops Island, VA

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

SECTION E OF 80GSFC20R0031

INSPECTION AND ACCEPTANCE

E.1 52.246-5 INSPECTION OF SERVICES - COST-REIMBURSEMENT (APR 1984)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or used in performing services.

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

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

(d) If any of the services performed do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be corrected by reperformance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce any fee payable under the contract to reflect the reduced value of the services performed.

(e) If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and reduce any fee payable by an amount that is equitable under the circumstances; or

(2) Terminate the contract for default.

E.2 52.246-3 INSPECTION of SUPPLIES—COST-REIMBURSEMENT (MAY 2001)

(a) Definitions. As used in this clause—

Contractor's managerial personnel means any of the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of—

(1) All or substantially all of the Contractor's business;

(2) All or substantially all of the Contractor's operation at a plant or separate location where the contract is being performed; or

(3) A separate and complete major industrial operation connected with performing this contract.

Supplies includes but is not limited to raw materials, components, intermediate assemblies, end products, lots of supplies, and, when the contract does not include the Warranty of Data clause, data.

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

(c) The Government has the right to inspect and test the contract supplies, to the extent practicable at all places and times, including the period of manufacture, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in the contract performance. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) Unless otherwise specified in the contract, the Government shall accept supplies as promptly as practicable after delivery, and supplies shall be deemed accepted 60 days after delivery, unless accepted earlier.

(f) At any time during contract performance, but no later than 6 months (or such other time as may be specified in the contract) after acceptance of the supplies to be delivered under the contract, the Government may require the Contractor to replace or correct any supplies that are nonconforming at time of delivery. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. Except as otherwise provided in paragraph (h) below, the cost of replacement or correction shall be included in allowable cost, determined as provided in the Allowable Cost and Payment clause, but no additional fee shall be paid. The Contractor shall not tender for acceptance supplies required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

(g)(1) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, the Government may—

(i) By contract or otherwise, perform the replacement or correction and charge to the Contractor any increased cost or make an equitable reduction in any fixed fee paid or payable under the contract;

(ii) Require delivery of undelivered supplies at an equitable reduction in any fixed fee paid or payable under the contract; or

(iii) Terminate the contract for default.

(2) Failure to agree on the amount of increased cost to be charged to the Contractor or to the reduction in the fixed fee shall be a dispute.

(h) Notwithstanding paragraphs (f) and (g) above, the Government may at any time require the Contractor to correct or replace, without cost to the Government, nonconforming supplies, if the nonconformances are due to (1) fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel or (2) the conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(i) This clause applies in the same manner to corrected or replacement supplies as to supplies originally delivered.

(j) The Contractor shall have no obligation or liability under this contract to replace supplies that were nonconforming at the time of delivery, except as provided in this clause or as may be otherwise provided in the contract.

(k) Except as otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

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

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

ANSI/ISO/ASQ Q9001-2000 Quality Management System (QMS) requirements

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

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

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

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

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

(End of clause)

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

The Contracting Officer or authorized representative will accomplish acceptance at NASA/Goddard Space Flight Center/Wallops Flight Facility or other locations as specified in the Statement of Work and individual Task Orders. 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 52.246-92 ACCEPTANCE—SERVICES (SEP 2013)

The Contracting Officer or authorized representative will accomplish acceptance at Wallops Flight Facility, Columbia Scientific Balloon Facility, Palestine Texas or Fort Sumner, New Mexico or 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.6 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.

E.7 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:

2 hard copies, with electronic copies submitted to CO, COR and Receiving & Inspection

(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.8 MATERIAL INSPECTION AND RECEIVING REPORT NOT REQUIRED (GSFC

52.246-94) (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:

All plans, reports, manuals, documents, and lists.

SECTION F OF 80GSFC20R0031

DELIVERIES OR PERFORMANCE

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

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

F.3 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 eighteen (18) 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.

(End of clause)

F.4 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):

Columbia Scientific Balloon Facilities (CSBF) in Palestine, Texas, and Fort Summer, New Mexico, and at remote launch sites to support the balloon program; Engineering services to support NASA’s Balloon Program shall be performed at GSFC/Wallops Flight Facility, Wallops Island, at CSBF in Palestine, Texas, and at the Contractor’s facilities.

(End of text)

F.5 GSFC 52.247-95 SHIPPING INSTRUCTIONS--NON-CENTRAL RECEIVING. (FEB 2016)

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

Item Number Address Marked For

1&2 in B.1 Columbia Scientific Balloon Facility (CSBF) NBOC II Contract

P.O. Box 319

1510 FM 3224

Palestine, TX. 75803

Fort Sumner NBOC II Contract

P.O. Box 31 1885 E. Balloon Avenue

Fort Sumner Airport Fort Sumner, NM. 88119-0031

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

SECTION G OF 80GSFC20R0031

CONTRACT ADMINISTRATION DATA

G.1 1852.227-70 NEW TECHNOLOGY- OTHER THAN A SMALL BUSINESS FIRM OR

NONPROFIT ORGANIZATION - (APR 2015)

G.2 1852.242-71 TRAVEL OUTSIDE OF THE UNITED STATES (DEC 1988)

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

2004)

G.4 1852.223-71 AUTHORIZATION FOR RADIO FREQUENCY USE (APR 2015)

G.5 1852.227-86 COMMERCIAL COMPUTER SOFTWARE LICENSE (APR 2015)

G.6 1852.216-75 PAYMENT OF FIXED FEE (DEC 1988)

The fixed fee shall be paid in monthly installments based upon the percentage of completion of work as determined by the Contracting Officer.

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 1852.227-72 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND

PATENT REPRESENTATIVE (APR 2015)

(a) For purposes of administration of the clause of this contract entitled “New Technology—Other than a Small Business Firm or Nonprofit Organization” or “Patent Rights—Ownership by the Contractor,” whichever is included, the installation New Technology and Patent Representatives identified at http://prod.nais nasa.gov/portals/pl/new tech pocs html are hereby designated by the Contracting Officer to administer such clause for the appropriate installation:

(b) Disclosures of reportable items and of subject inventions, interim new technology summary reports, final new technology summary reports, utilization reports, and other reports required by the applicable “New Technology” or “Patent Rights—Ownership by the Contractor” clause, as well as any correspondence with respect to such matters, shall be directed to the New Technology Representative unless transmitted in response to correspondence or request from the Patent Representative. Inquiries or requests regarding disposition of rights, election of rights, or related matters shall be directed to the Patent Representative. This clause shall be included in any subcontract hereunder requiring a “New Technology— Other than a Small Business Firm or Nonprofit Organization” clause or “Patent Rights—Ownership by the Contractor” clause, unless otherwise authorized or directed by the Contracting Officer. The respective responsibilities and authorities of the aforementioned representatives are set forth in 1827.305-270 of the NASA FAR Supplement.

(End of clause)

G.9 1852.245-70 CONTRACTOR REQUESTS FOR GOVERNMENT-FURNISHED

PROPERTY (AUG 2015)

(a) The Contractor shall provide all property required for the performance of this contract. The Contractor shall not acquire or construct items of property to which the Government will have title under the provisions of this contract without the Contracting Officer's written authorization. Property which will be acquired as a deliverable end item as material or as a component for incorporation into a deliverable end item is exempt from this requirement. Property approved as part of the contract award or specifically required within the statement of work is exempt from this requirement.

(b)(1) In the event the Contractor is unable to provide the property necessary for performance, and the Contractor requests provision of property by the Government, the Contractor's request shall—

(i) Justify the need for the property;

(ii) Provide the reasons why contractor-owned property cannot be used;

(iii) Describe the property in sufficient detail to enable the Government to screen its inventories for available property or to otherwise acquire property, including applicable manufacturer, model, part, catalog, National Stock Number or other pertinent identifiers;

(iv) Combine requests for quantities of items with identical descriptions and estimated values when the estimated values do not exceed $500,000 per unit; and

(v) Include only a single unit when the acquisition or construction value equals or exceeds $500,000.

(2) Contracting Officer authorization is required for items the Contractor intends to manufacture as well as those it intends to purchase.

(3) The Contractor shall submit requests to the Contracting Officer no less than 30 days in advance of the date the Contractor would, should it receive authorization, acquire or begin fabrication of the item.

(c) The Contractor shall maintain copies of Contracting Officer authorizations, appropriately cross-referenced to the individual property record, within its property management system.

(d) Property furnished from Government excess sources is provided as-is, where-is. The Government makes no warranty regarding its applicability for performance of the contract or its ability to operate.

Failure of property obtained from Government excess sources under this clause is insufficient reason for submission of requests for equitable adjustments discussed in the clause at FAR 52.245-1, Government Property, as incorporated in this contract.

G.10 1852.245-71 INSTALLATION-ACCOUNTABLE GOVERNMENT PROPERTY (JUN

2018) - ALT I (JAN 2011)

(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 shall not utilize the installation's central receiving facility for receipt of contractor-acquired property. However, the Contractor shall provide listings suitable for establishing accountable records of all such property received, on a monthly basis, to the

SEMO.

(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:

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

(2) Office furniture.

(3) Property listed in Attachment B.

(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.

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

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

(7) Installation service facilities: [Insert the name of the facilities or “none”].

(8) Medical treatment of a first-aid nature for Contractor personnel injuries or illnesses…