80GSFC21B0002.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

80GSFC21B0002

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

04/27/2021

PAGE OF PAGES

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE GSFC 8. ADDRESS OFFER TO

Bid Marking and Delivery Provision (L.24) NASA Goddard Space Flight Center Wallops Flight Facility Procurement Code 210.W Wallops Island, VA 23337

9. FOR INFORMATION

CALL:

a. NAME

Aaron Case

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

757-824-1592

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

Restoration of Main Base Electrical Infrastructure, project to be performed at NASA Wallops Flight Facility, Wallops Island, VA 23337. See NASA Specifications titled “20_0730 NASA Wallops Restoration of Main Base Electrical Infrastructure Submission Specs” and applicable drawings in document titled “Main Base Electrical Stamped Construction Drawings 2020_07_31”

11. The contractor shall begin performance within 15 calendar days and complete it within 548 calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

12b. CALENDAR DAYS

15 Days

a. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 11:00AM (hour) local time 05/26/2021 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

AMOUNTS

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

See Contract Clause (G.4) NASA Goddard Space Flight Center Wallops Flight Facility Procurement Code 210.W Wallops Island, VA 23337

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

- 3 -

B.1 1852.216-78 FIRM FIXED PRICE (DEC 1988)

The total firm fixed price of this contract is: $____ (To Be Completed by Bidder)

(End of clause)

B.2 GSFC 52.211-90 SUPPLIES AND/OR SERVICES TO BE PROVIDED (SEP

2017)

The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver and/or perform the items below in accordance with the Specifications and Drawings, incorporated as Attachments B and C.

Item Description Reference Schedule Delivery Method/Addressee(s)

Services, Deliverables, & Material Submittals in accordance with Attachments B and C, Specifications and Drawings

As Defined in Attachments B and C, Specifications and Drawings

As Defined in Attachments B and C, Specifications and Drawings

As Defined in Attachment B, Specifications

Standard Form 25 - Performance Bond or Irrevocable Letter of Credit

Section I 52.228-15

Within 15 days after notice of award or actual contract award

Original Hard Copy/Contracting Officer

(CO)

Standard Form 25A - Payment Bond or Irrevocable Letter of Credit

52.228-15

Within 15 days after notice of award or actual contract award

Original Hard Copy/CO

Contractor’s Daily Reports

Attachment D

Daily, beginning on the first day of performance

Electronic Copy/NASA Inspector

Certified Payrolls

52.222-8

Weekly (within 7 days after the regular payment date of the payroll week covered)

Electronic or Hard Copy/CO

Schedule of Prices

Price Breakdown Section I 52.232-5

15 days after date

Electronic and three (3) hard copies/CO, COR

7 Construction Progress Schedule

Section I 52.236-15

15 days after Contract Award Date, Prior to Notice to Proceed

Electronic Format/CO, COR

Standard Form 1413 - Subcontractor Statement and Acknowledgement

52.222-11

Within 14 days of award of contract and subsequent awarded subcontracts

Electronic Format/CO

Test Reports

Section H Quality Control Testing Supplied by the Contractor

Close of business on the day of the test

As specified in clause/COR

Government Real Property Maintenance Plan

Section G

NFS 1852.245-83

30 Days after Contract Award Date

Electronic Format/CO and

COR

Safety & Health Plan

FAR 52.236-13-

Alternate I

30 days after

Electronic Format /CO

Safety & Health Reporting

Section H

NFS 1852.223-70

Section H

NFS 1852.223-75

GSFC 52.223-91

Monthly/Quarterly Reports and As Required

NASA Mishap Information System (NMIS)

Personal Identity Verification (PIV) Documentation and Reporting

Section H

GSFC 52.204-99

Attachment F

10th Calendar Day of the Month and As Required

Electronic Format and Hard Copy/COR & Code 240

Certificate of Insurance

FAR 52.228-5

NFS 1852.228-75

As Specified by

FAR 52.228-5

Electronic Format/CO

Affirmative Procurement of Biobased Products

Section I

FAR 52.223-2

Annually by October 31 and Final Report www.sam.gov

16 Material and Data Safety Sheets

Section I 52.223-3

As Specified by 52.223-3

As Specified by 52.223-3

Estimate of Recovered Material Content

Section I

FAR 52.223-9

Upon Contract Completion

COR

Service Contract Reporting

FAR 52.204-14

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

19 Equal Opportunity Reports

Section I

FAR 52.222-26

As Specified by

FAR 52.222-26

Code 120

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

No work shall begin on this contract until notice given in writing by the Contracting Officer to proceed.

Failure by the Contractor to submit all of the required submittals may be cause for termination of the contract in accordance with Clause 52.249-10, Default-(Fixed Price Construction).

http://www.sam.gov/ http://www.sam.gov/

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 various sections of the NASA Specifications titled “20_0730 NASA Wallops Restoration of Main Base Electrical Infrastructure Submission Specs” and applicable drawings in document titled “Main Base Electrical Stamped Construction Drawings 2020_07_31”

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not --

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price.

The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may --

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately.

Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

E.2 GSFC 52.246-93 ACCEPTANCE--LOCATION(S) (SEP 2013)

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

Deliverable Item No. Location Authorized Representative

1 through 20 As specified in B.2 As specified in B.2

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.

If this is a fixed price type contract, acceptance shall be deemed to have occurred constructively--for the sole purpose of computing an interest penalty that might be due the Contractor under the Prompt Payment Act--on the 14th day after the Contractor has delivered the supplies or services in accordance with the terms and conditions of the contract. In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the date of the actual acceptance.

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 OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work, ready for use within 548 days after notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.2 52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,057.49 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F.3 52.247-34 F.o.b. Destination (Nov 1991)

(a) The term "f.o.b. destination," as used in this clause, means-

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

SECTION F – DELIVERIES OR PERFORMANCE

(b) The Contractor shall-

(1) (i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

F.4 PLACE OF PERFORMANCE

The construction services to be performed under this contact shall be performed at the Wallops Flight Facility, Wallops Island, VA.

(End of text)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 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.2 1852.245-83 REAL PROPERTY MANAGEMENT REQUIREMENTS (JAN

2011)

(a) In addition to the requirements of the FAR Government Property Clause incorporated in this contract (FAR 52.245–1), the Contractor shall comply with the following in performance of any maintenance, construction, modification, demolition, or management activities of any Government real property:

(1) NPD 8800.14, Policy for Real Property Management.

(2) NPR 8831.2, Facility Maintenance Management.

(b) Within 30 calendar days following award, the Contractor shall provide a plan for maintenance of Government real property provided for use under this contract. The Contractor’s maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the Contracting Officer the need for replacement and/or capital rehabilitation. Upon acceptance by the Contracting Officer, the program shall become a requirement under this contract.

(c) Title to parts replaced by the Contractor in carrying out its normal maintenance obligations shall pass to and vest in the Government upon completion of their installation in the facilities. The Contractor shall keep the property free and clear of all liens and encumbrances.

(d) The Contractor shall keep records of all work done to real property, including plans, drawings, charts, warranties, and manuals. Records shall be complete and current. Record of all transactions shall be auditable. The Government shall have access to these records at all reasonable times, for the purposes of reviewing, inspecting, and evaluating the Contractor’s real property management effectiveness. When real property is disposed of under this contract, the Contractor shall deliver the related records to the Government.

(e) The Contracting Officer may direct the Contractor in writing to reduce the work required by the maintenance program authorized in paragraph (b) of this clause at any time.

G.3 GSFC 52.232-90 INVOICES FOR CONSTRUCTION CONTRACTS (MAY

2018)

(a) Payment Office. 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. Please contact the NSSC Customer Contact Center at 1-877- NSSC123 (1-877-677-2123) with any additional questions or comments.

(b) Invoices. Invoices shall be prepared in accordance with the Prompt Payment for Construction Contracts clause (FAR 52.232-27) and contain the certification and all information required by the Payments under Fixed-Price Construction Contracts clause (FAR 52.232-5) of this contract. In addition, invoices shall be submitted using the steps described at the NSSC’s Vendor Payment information web site at https://www.nssc.nasa.gov/vendorpayment.

(c) At the time of submittal to the payment office, an information copy of each invoice and supporting documents shall be submitted to:

Contracting Officer: Tammy E. Seidel Code: 210.I Email: Tammy.E.Seidel@nasa.gov

Contracting Officer’s Representative: Stephen A. Mariner Code: 228 Email: Stephen.A.Mariner@nasa.gov

(c) Improper invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in an invoices within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be http://www.nssc.nasa.gov/vendorpayment http://www.nssc.nasa.gov/vendorpayment mailto:Tammy.E.Seidel@nasa.gov mailto:Stephen.A.Mariner@nasa.gov directed to the NSSC as specified in paragraph (b) of this section.

(d) In the event that amounts are withheld from payment in accordance with provisions of this award, a separate payment request for the amount withheld will be required before payment for that amount may be made.

G.4 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.

http://www.nssc.nasa.gov/vendorpayment

(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.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

SECTION H CLAUSES INCORPORATED BY REFERENCE

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 1852.225-70 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 Wallops Flight Facility, Wallops Island, Virginia 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.4 1852.242-72 DENIED ACCESS TO NASA FACILITIES (OCT 2015)

(a)(1) The performance of this contract requires contractor employees of the prime contractor or any subcontractor, affiliate, partner, joint venture, or team member with which the contractor is associated, including consultants engaged by any of these entities, to have access to, physical entry into, and to the extent authorized, mobility within, a NASA facility.

(2) NASA may close and or deny contractor access to a NASA facility for a portion of a business day or longer due to any one of the following events:

(i) Federal public holidays for federal employees in accordance with 5 U.S.C. 6103.

(ii) Fires, floods, earthquakes, unusually severe weather to include snow storms, tornadoes and hurricanes.

(iii) Occupational safety or health hazards.

(iv) Non-appropriation of funds by Congress.

(v) Any other reason.

(3) In such events, the contractor employees may be denied access to a NASA facility, in part or in whole, to perform work required by the contract. Contractor personnel already present at a NASA facility during such events may be required to leave the facility.

(b) In all instances where contractor employees are denied access or required to vacate a NASA facility, in part or in whole, the contractor shall be responsible to ensure contractor personnel working under the contract comply. If the circumstances permit, the contracting officer will provide direction to the contractor, which could include continuing on-site performance during the NASA facility closure period. In the absence of such direction, the contractor shall exercise sound judgment to minimize unnecessary contract costs and performance impacts by, for example, performing required work off-site if possible or reassigning personnel to other activities if appropriate.

(c) The contractor shall be responsible for monitoring the local radio, television stations, NASA Web sites, other communications channels, for example contracting officer notification, that the NASA facility is accessible. Once accessible the contractor shall resume contract performance as required by the contract.

(d) For the period that NASA facilities were not accessible to contractor employees, the contracting officer may—

(1) Adjust the contract performance or delivery schedule for a period equivalent to the period the NASA facility was not accessible;

(2) Forego the work;

(3) Reschedule the work by mutual agreement of the parties; or

(4) Consider properly documented requests for equitable adjustment, claim, or any other remedy pursuant to the terms and conditions of the contract.

(e) Notification procedures of a NASA facility closure, including contractor denial of access, as follows:

(1) The contractor shall be responsible for monitoring the local radio, television stations, NASA Web sites, other communications channels, for example contracting officer notification, for announcement of a NASA facility closure to include denial of access to the NASA facility. The contractor shall be responsible for notification of its employees of the NASA facility closure to include denial of access to the NASA facility. The dismissal of NASA employees in accordance with statute and regulations providing for such dismissals shall not, in itself, equate to a NASA facility closure in which contractor employees are denied access. Moreover, the leave status of NASA employees shall not be conveyed or imputed to contractor personnel. Accordingly, unless a NASA facility is closed and the contractor is denied access to the facility, the contractor shall continue performance in accordance with the contract.

(2) NASA's Emergency Notification System (ENS). ENS is a NASA-wide Emergency Notification and Accountability System that provides NASA the ability to send messages, both Agency-related and/or Center-related, in the event of an emergency or emerging situation at a NASA facility. Notification is provided via multiple communication devices, e.g. Email, text, cellular, home/office numbers. The ENS provides the capability to respond to notifications and provide the safety status. Contractor employees may register for these notifications at the ENS Web site:

http://www.hq.nasa.gov/office/ops/nasaonly/ENSinformation.html.

H.5 GSFC 52.204-99 CONTRACTOR PERSONNEL – IDENTIFICATION,

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 F, 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 F 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 http://www.hq.nasa.gov/office/ops/nasaonly/ENSinformation.html 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 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS

AND CERTIFICATIONS (DEC 2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

H.7 52.236-13 ACCIDENT PREVENTION (NOV 1991) - ALTERNATE I (NOV

1991)

(a) The Contractor shall provide and maintain work environments and procedures which will—

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates;

and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall—

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Reserved.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(f) Before commencing the work, the Contractor shall—

(1) Submit a written Safety and Health Plan in accordance with NPR 8715.3, NASA Safety Manual, Appendices;

(2) The plan shall be submitted to the Contracting Officer within 30 days after contract award. This plan, as approved by the Contracting Officer, will be incorporated into the contract; and

(3) The contractor may perform the following work prior to the plan being approved and incorporated into the contract: "None".

H.8 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=2114

(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 http://eeo.gsfc.nasa.gov/policy.html

(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.9 SCHEDULE OF PRICES

Fourteen days after award of contract, prior to issuance of the notice to proceed, the Contractor shall submit to the Contracting Officer a price breakdown to include a projected construction schedule, a schedule of price values and a list of critical work sequences necessary for proper and timely execution of the work in accordance with Clause 52.232-5--Payment under Fixed Price Construction. Where several buildings and/or structures are involved, each shall be shown separately. This breakdown shall be in such detail as to make possible a quick check of estimates for partial payments, and shall separate material prices from labor prices for each portion of the work.

(End of text)

H.10 1852.243-72 EQUITABLE ADJUSTMENTS (APR 1998)

(a) The provisions of all other clauses contained in this contract which provide for an equitable adjustment, including those clauses incorporated by reference with the exception of the "Suspension of Work" clause (FAR 52.242-14), are supplemented as follows:

Upon written request, the Contractor shall submit a proposal for review by the Government. The proposal shall be submitted to the contracting officer within the time limit indicated in the request or any extension thereto subsequently granted. The proposal http://gdms.gsfc.nasa.gov/ http://nodis3.gsfc.nasa.gov/ shall provide an itemized breakdown of all increases and decreases in the contract for the Contractor and each subcontractor in at least the following detail: material quantities and costs; direct labor hours and rates for each trade; the associated FICA, FUTA, SUTA, and Workmen's Compensation Insurance; and equipment hours and rates.

(b) The overhead percentage cited below shall be considered to include all indirect costs including, but not limited to, field and office supervisors and assistants, incidental job burdens, small tools, and general overhead allocations.

"Commission" is defined as profit on work performed by others. The percentages for overhead, profit, and commission are negotiable according to the nature, extent, and complexity of the work involved, but in no case shall they exceed the following ceilings:

Overhead (Percent)

Profit (Percent)

Commission

To Contractor on work performed by other than its own forces

10 percent

To first tier subcontractor on work performed by its subcontractors

To Contractor and/or subcontractors on work performed with their own forces

(c) Not more than four percentages for overhead, profit, and commission shall be allowed regardless of the number of subcontractor tiers.

(d) The Contractor or subcontractor shall not be allowed overhead or commission on the overhead, profit, and/or commission received by its subcontractors.

(e) Equitable adjustments for deleted work shall include credits, limited to the same percentages for overhead, profit, and commission in paragraph (b) of this clause.

(f) On proposals covering both increases and decreases in the amount of the contract, the application of the overhead, profit, and commission shall be on the net change in direct costs for the Contractor or the subcontractor performing the work.

(g) After receipt of the Contractor's proposal, the contracting officer shall act within a reasonable period, provided that when the necessity to proceed with a change does not permit time to properly check the proposal, or in the event of a failure to reach an agreement on a proposal, the contracting officer may order the Contractor to proceed on the basis of the price being determined at the earliest practicable date. In such a case, the price shall not be more than the increase or less than the decrease proposed.

H.11 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 Wallops Flight Facility Safety Office, Code 803, Telephone 757-824-1625 and to the Contracting Officer (CO).

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 Logan.J.Wright@nasa.gov.

mailto:Logan.J.Wright@nasa.gov http://safety1st.gsfc.nasa.gov/ mailto:Logan.J.Wright@nasa.gov

SECTION I – CONTRACT CLAUSES

I.1 52.202-1 DEFINITIONS (JUN 2020)

I.2 52.203-3 GRATUITIES (APR 1984)

I.3 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

I.4 52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

I.5 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS

FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

I.6 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

I.7 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (JUN 2020)

I.8 52.203-14 DISPLAY OF HOTLINE POSTER(S) (JUN 2020)[PARAGRAPH

(B)(3) HTTP://OIG.NASA.GOV/HOTLINE.HTM, INSPECTOR GENERAL

HOTLINE POSTERS MAY BE OBTAINED FROM NASA OFFICE OF

INSPECTOR GENERAL, CODE W, WASHINGTON, DC 20546-0001]

I.9 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER

FIBER CONTENT PAPER (MAY 2011)

I.10 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011)

I.11 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (JUN 2020)

I.12 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT

2018)

I.13 52.204-14 SERVICE CONTRACTING REPORTING REQUIREMENTS

(OCT 2016)

I.14 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (AUG 2020)

I.15 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KAPERSKY

LAB AND OTHER COVERED ENTITIES (JUL 2018)

I.16 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR

http://oig.nasa.gov/HOTLINE.HTM

PROPOSED FOR DEBARMENT (JUN 2020)

I.17 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (OCT 2018)

I.18 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (NOV 2015)

I.19 52.210-1 MARKET RESEARCH (JUN 2020)

I.20 52.214-26 AUDIT AND RECORDS - SEALED BIDDING (JUN 2020)

I.21 52.214-27 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING

DATA - MODIFICATIONS - SEALED BIDDING (JUN 2020)

I.22 52.214-28 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA -

MODIFICATIONS - SEALED BIDDING (JUN 2020)

I.23 52.214-29 ORDER OF PRECEDENCE - SEALED BIDDING (JAN 1986)

I.24 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

I.25…