C. ENCLOSURE 1 80GSFC21R0039 RFP Sections B-M clean Amendment 3.pdf

MARS SAMPLE RETURN (MSR) CAPTURE, CONTAINMENT AND RETURN SYSTEM (CCRS)

EARTH ENTRY SYSTEM (EES) SPIN EJECT MECHANISM (SEM)

RFP 80GSFC21R0039

Amendment 3

Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

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

B.2 1852.232-81 CONTRACT FUNDING (JUN 1990)

B.3 GSFC 52.211-90 SUPPLIES AND/OR SERVICES TO BE PROVIDED (SEP

2017)

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

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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

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

SOFTWARE (MAR 2008)

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

SECTION D – PACKAGING AND MARKING

D.1 SECTION D – CLAUSES INCORPORATED BY REFERENCE

D.2 1852.245-74 IDENTIFICATION AND MARKING OF GOVERNMENT

EQUIPMENT (JAN 2011)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 SECTION E – CLAUSES INCORPORATED BY REFERENCE

E.2 1852.246-71 GOVERNMENT CONTRACT QUALITY ASSURANCE

FUNCTIONS (OCT 1988)

E.3 1852.246-72 MATERIAL INSPECTION AND RECEIVING REPORT (APR

2015)

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

E.5 GSFC 52.246-94 MATERIAL INSPECTION AND RECEIVING REPORT NOT

REQUIRED (APR 1989)

E.6 GSFC 52.246-102 INSPECTION SYSTEM RECORDS (APR 2013)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 SECTION F – CLAUSES INCORPORATED BY REFERENCE

F.2 GSFC 52.217-92 PERIOD OF PERFORMANCE/EFFECTIVE ORDERING

PERIOD (JAN 2014)

F.3 GSFC 52.247-94 SHIPPING INSTRUCTIONS – CENTRAL RECEIVING (FEB

2016)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 SECTION G – CLAUSES INCORPORATED BY REFERENCE

G.2 1852.232-80 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT (APR

2018)

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

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 SECTION H – CLAUSES INCORPORATED BY REFERENCE

H.2 1852.225-70 EXPORT LICENSES (FEB 2000) ALT 1 (FEB 2000)

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

DEVELOPMENT (FEB 2003)

H.4 GSFC 52.211-100 CONTRACTOR PROPOSED ENHANCEMENTS (SEP

2013)

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

REPORTS (NOV 2016)

SECTION I – CONTRACT CLAUSES

I.1 SECTION I - CLAUSES INCORPORATED BY REFERENCE

I.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

I.3 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

I.4 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (JUN

2020)

I.5 52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA –

MODIFICATIONS (JUN 2020)

I.6 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

I.7 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN

2020)

I.8 52.223-20 AEROSOLS (JUN 2016)

I.9 52.223-21 FOAMS (JUN 2016)

I.10 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (DEVIATION 21-03B)

I.11 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013) (DEVIATION 20-03A)

I.12 52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT

(FEB 2006)

I.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.14 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

I.15 1852.204-76 SECURITY REQUIREMENTS FOR UNCLASSIFIED

TECHNOLOGY RESOURCES (DEVIATION 21-01)

I.16 1852.225-71 RESTRICTION ON FUNDING ACTIVITY WITH CHINA

(DEVIATON 12-01A)

I.17 GSFC 52.227-14 RIGHTS IN DATA-GENERAL (MAY 2014) – ALTERNATE II

(DEC 2007) AND ALTERNATE III (DEC 2007) AS MODIFIED BY NASA FAR

SUPPLEMENT 1852.227-14 (APR 2015)

SECTION J – LIST OF DOCUMENTS, EXHIBITS, AND OTHER

ATTACHMENTS

J.1 GSFC 52.211-101 LIST OF ATTACHMENTS (FEB 2016)

SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

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

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

(End of clause)

B.2 1852.232-81 CONTRACT FUNDING (JUN 1990)

(a) For purposes of payment of cost, exclusive of fee, in accordance with the Limitation of Funds clause, the total amount allotted by the Government to this contract is $TBD.

This allotment is for the Mars Sample Return (MSR) Capture, Containment and Return System (CCRS) Earth Entry System (EES) Spin Eject Mechanism (SEM) contract and covers the following estimated period of performance: TBD.

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

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

B.3 GSFC 52.211-90 SUPPLIES AND/OR SERVICES TO BE PROVIDED (SEP

2017)

The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver and/or perform the items below in accordance with the Statement of Work (SOW), incorporated as Attachment A.

Item Description Reference Schedule Delivery Method/Addressee(s)

Transportation Class

1.

Services and Deliverables in accordance with Attachment A, SOW, and Attachment B, Specification

As Defined in Attachment A, SOW, Attachment B, Technical Specification, Attachment C, DILS, and Attachment D, Mission Assurance Requirements

As Defined in Attachment

A, SOW,

Attachment B, Technical Specification, and Attachment C, DILS

As Defined in Attachment A, SOW, Attachment B, Technical Specification, and Attachment C, DILS

2. Flight Model

(FM)

As Defined in Attachment A, SOW

Twenty-four

(24) months

ARO

As specified in Clause

GSFC 52.247-94 1

3. Engineering Test Unit (ETU)

As Defined in Attachment A, SOW

Eighteen (18) months ARO

As specified in Clause

GSFC 52.247-94 1

4.

Engineering Development Unit (EDU)

As Defined in Attachment A, SOW

Twelve (12) months ARO

As specified in Clause

GSFC 52.247-94 1

5.

Assembly Integration and Test Model

(AM)

As Defined in Attachment A, SOW

Eighteen (18) months ARO

As specified in Clause

GSFC 52.247-94 1

6. Spare Parts Kit As Defined in Attachment A, SOW

With FM As specified in Clause

GSFC 52.247-94 1

7. Prototype (PT) As Defined in Attachment A, SOW

Test and analysis results and media documentation included in PDR package

As specified in Clause

GSFC 52.247-94 1

8.

Mechanical Ground Support Equipment (MGSE) and Electrical Ground Support Equipment

(EGSE)

As Defined in Attachment A, SOW

With each hardware deliverable the

MGSE/EGSE

is used for

As specified in Clause

GSFC 52.247-94 1

Transportation Class

9. Reports of Work

Section C

GSFC 52.235-91

Section H

NFS 1852.235-

As Required in Clause

GSFC 52.235-

As specified in Clauses

N/A

10. Monthly Reports

Section C 52.235- Section H 1852.235-74

As Required in Clauses

GSFC 52.235-

NFS 1852.235-

As specified in Clauses N/A

11.

Notice of Estimated Cost Increases

Section B GSFC 52.232-94

As Required in Clause

GSFC 52.232-

As specified in Clause N/A

12. Final Report Section C 52.235-

As Required in Clause

GSFC 52.235-

As specified in Clause N/A

13.

NASA

Financial Management Reports

Section G

GSFC 52.242-90

Section G

NFS 1852.242-

Attachment E

Monthly and Quarterly in accordance with Attachment E

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

N/A

14.

Material Inspection and Receiving Reports

(MIRR)

(DD Form 250)

Section E

NFS 1852.246-

72 Section E

GSFC 52.246-94

At Time of Delivery

Hard Copy/CO, COR, and Receiving & Inspection

N/A

15. Reporting of Inventions

Section G

NFS 1852.227-

72 Section G

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

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

Transportation Class

3 Months after Contract Completion

16.

Small Business Subcontracting Plan Reporting

Section H

GSFC 52.219-90

Section I

NFS 1852.219-75

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

(October 30th)

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

17.

Safety & Health Reporting

Section H

NFS 1852.223-

As Specified by NFS 1852.223-75

Electronic Format/CO N/A

18.

Equal Opportunity Reports

Section I

FAR 52.222-26

As Specified by FAR 52.222-26

Electronic Format/CO & Code 120 N/A

19. Certificate of Insurance

Section I

FAR 52.228-7

Section I

NFS 1852.228-

As Specified by

FAR 52.228-7

Electronic Format/CO N/A

20. Subcontract Notification

Section I

FAR 52.244-2

30 Days Prior to Subcontract Award Date

Electronic or Hard Copy Format/CO N/A

21.

IT Security Management Plan

Section I

NFS 1852.204-

30 Days after Contract Award & Annual Updates As Required

Electronic Format/CO N/A

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

http://www.esrs.gov/

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

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

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

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

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

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

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

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

(End of Section B)

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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

The Contractor shall provide the personnel, materials, and facilities, except as otherwise specified in this contract, necessary to perform the work and to furnish the items specified in the Supplies and/or Services To Be Provided clause of this contract in accordance with Attachment A, Statement of Work, Attachment B, Technical Specification, Attachment C, Deliverable Items List and Schedule, and Attachment D, Mission Assurance Requirements.

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

COMPUTER SOFTWARE (MAR 2008)

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

NONE

(End of clause)

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

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

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

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

Copies Report Type Addressee Mail Code 1 M,F Contracting Officer (CO) 178 1 M,F Contracting Officer's Representative (COR) 435

[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 contract is awarded beyond the middle of a month, the first monthly report shall cover the period from award until the end of the following month. The final report shall be submitted within 30 days after completion of the contract.

(End of Section C)

SECTION D – PACKAGING AND MARKING

D.1 SECTION D – CLAUSES INCORPORATED BY REFERENCE

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

D.2 1852.245-74 IDENTIFICATION AND MARKING OF GOVERNMENT

EQUIPMENT (JAN 2011)

(a) The Contractor shall identify all equipment to be delivered to the Government using NASA Technical Handbook (NASA-HDBK) 6003, Application of Data Matrix Identification Symbols to Aerospace Parts Using Direct Part Marking Methods/Techniques, and NASA Standard (NASA-STD) 6002, Applying Data Matrix Identification Symbols on Aerospace Parts or through the use of commercial marking techniques that: (1) are sufficiently durable to remain intact through the typical lifespan of the property: and, (2) contain the data and data format required by the standards. This requirement includes deliverable equipment listed in the schedule and other equipment when no longer required for contract performance and NASA directs physical transfer to NASA or a third party. The Contractor shall identify property in both machine and human readable form unless the use of a machine readable-only format is approved by the NASA Industrial Property Officer.

(b) Equipment shall be marked in a location that will be human readable, without disassembly or movement of the equipment, when the items are placed in service unless such placement would have a deleterious effect on safety or on the item’s operation.

(c) Concurrent with equipment delivery or transfer, the Contractor shall provide the following data in an electronic spreadsheet format:

(1) Item Description.

(2) Unique Identification Number (License Tag).

(3) Unit Price.

(4) An explanation of the data used to make the unique identification number.

(d) For equipment no longer needed for contract performance and physically transferred under paragraph (a) of this clause, the following additional data is required:

(1) Date originally placed in service.

(2) Item condition.

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

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

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

(End of Section D)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 SECTION E – CLAUSES INCORPORATED BY REFERENCE

52.246-8 INSPECTION OF RESEARCH AND DEVELOPMENT – COST

REIMBURSEMENT (MAY 2001)

52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)

E.2 1852.246-71 GOVERNMENT CONTRACT QUALITY ASSURANCE

FUNCTIONS (OCT 1988)

In accordance with the inspection clause of this contract, the Government intends to perform the following functions at the locations indicated:

Item Quality Assurance Function Location

1-9 Support/Attend Kickoff Meeting, PDR, and other meetings as necessary. Attend Kickoff Meeting, Participate in the Manufacturing and Test Readiness Reviews. Provide Government Oversight during the fabrication, assembly, and test phase.

Participate in any Manufacturing Review Board (MRB).

Contractor’s Facility

E.3 1852.246-72 MATERIAL INSPECTION AND RECEIVING REPORT (APR

2015)

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

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

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

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

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

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

(b) The Contractor shall prepare the DD Form 250 in accordance with NASA FAR Supplement 1846.6. The Contractor shall enclose the copies of the DD Form 250 in the package or seal them in a waterproof envelope, which shall be securely attached to the exterior of the package in the most protected location.

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

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

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

Deliverable Item No. Location Authorized Representative

1. Services and Deliverables in accordance with Attachment A, SOW, and Attachment B, Specification

GSFC Contracting Officer’s Representative

(COR)

2. Flight Model (FM) GSFC COR

3. Engineering Test Unit (ETU) GSFC COR

4. Engineering Development Unit

(EDU) GSFC COR

5. Assembly Integration and Test Model (AM) GSFC COR

6. Spare Parts Kit GSFC COR

7. Prototype (PT) GSFC COR

8. Mechanical Ground Support Equipment (MGSE) and Electrical Ground Support Equipment (EGSE)

GSFC COR

9. Reports of Work GSFC Contracting Officer (CO), COR

10. Monthly Reports GSFC CO, COR

11. Notice of Estimated Cost Increases GSFC CO, COR

12. Final Report GSFC CO, COR

13. NASA Financial Management Reports GSFC CO, COR, Resource Analyst (RA), Finance Office (Code 155.2)

14. Material Inspection Receiving Reports (MIRR) (DD Form 250) GSFC CO, COR, Receiving and Inspection

15. Reporting of Inventions GSFC New Technology Representative or Patent Representative

16. Small Business Subcontracting Plan Reporting GSFC CO

17. Safety & Health Reporting GSFC CO, Code 350

18. Equal Opportunity Reports GSFC CO

19. Certificate of Insurance Notifications GSFC CO

20. Subcontract Notification GSFC CO

21. IT Security Management Plan GSFC CO

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 52.246-94 MATERIAL INSPECTION AND RECEIVING REPORT

NOT REQUIRED (APR 1989)

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

Item No. Description

10. Reports of Work

11. Monthly Reports

12. Notice of Estimated Cost Increases

14. NASA Financial Management Records

16. Reporting of Inventions

17. Small Business Subcontracting Plan Reporting

18. Safety & Health Reporting

19. Equal Opportunity Reports

20. Certificate of Insurance

21. Subcontract Notification

22. IT Security Management Plan

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.

(End of Section E)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 SECTION F – CLAUSES INCORPORATED BY REFERENCE

52.242-15 STOP-WORK ORDER (AUG 1989) – ALTERNATE I (APR 1984)

F.2 GSFC 52.217-92 PERIOD OF PERFORMANCE/EFFECTIVE ORDERING

PERIOD (JAN 2014)

The delivery period of this contract shall be for a period of 44 months from the contract effective date of TBD (24 months for hardware delivery, followed by 20 months for post-hardware delivery support).

F.3 GSFC 52.247-94 SHIPPING INSTRUCTIONS – CENTRAL RECEIVING

(FEB 2016)

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

Receiving Officer:

Goddard Space Flight Center Building 35, Code 279 Greenbelt, Maryland 20771 Marked For:

Technical Officer: TBD Pending GSFC COR Designation, Code 435 Building: TBD Room: TBD Contract No.: TBD Item(s) No.: All Items

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

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

(End of Section F)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 SECTION G – CLAUSES INCORPORATED BY REFERENCE

1852.216-75 PAYMENT OF FIXED FEE (DEC 1988)

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

1852.227-70 NEW TECHNOLOGY – OTHER THAN A SMALL BUSINESS

FIRM OR NON-PROFIT ORGANIZATION (APR 2015)

1852.227-72 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE

AND PATENT REPRESENTATIVE (APR 2015)

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

1852.227-86 COMMERCIAL COMPUTER SOFTWARE LICENSE (APR 2015)

1852.242-73 NASA CONTRACTOR FINANCIAL MANAGEMENT

REPORTING (NOV 2004)

1852.245-70 CONTRACTOR REQUESTS FOR GOVERNMENT-FURNISHED

PROPERTY (AUG 2015)

G.2 1852.232-80 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT

(APR 2018)

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

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

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

(c) Payment requests.

(1) The payment periods are stipulated in the payment clause(s) contained in this contract.

(2) Vouchers submitted under cost type contracts and invoices submitted under fixed-price contracts shall include the items delineated in FAR 32.905(b) supported by relevant back-up documentation. Back-up documentation shall include at a minimum, the following information:

(i) Vouchers.

(A) Breakdown of billed labor costs and associated contractor generated supporting documentation for billed direct labor costs to include rates used and number of hours incurred.

(B) Breakdown of billed other direct costs (ODCs) and associated contractor generated supporting documentation for billed ODCs.

(C) Indirect rate(s) used to calculate the amount of billed indirect expenses.

(D) Progress reports, as required.

(ii) Invoices.

(A) Description of goods and services delivered as part of the contract's terms and conditions, including the dates of delivery/performance.

(B) Progress reports, as required.

(C) Date goods and services were performed.

(iii) Fee vouchers.

(A) Listing of all provisionally-billed fee by period or date earned since contract award.

(B) A reconciliation of all billed and earned fee.

(C) A clear explanation of the fee calculations.

(d) Non-electronic payment requests. The Contractor may submit a non-electronic voucher/invoice using the steps for non-electronic payment requests described at https://www.nssc.nasa.gov/vendorpayment, when any of the following conditions are met:

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor.

(2) The contract includes provisions allowing the contractor to submit vouchers or invoices using the steps for non-electronic payment. In such instances the Contractor agrees to submit non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) Improper vouchers/invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in a voucher/invoice within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (b) of this section.

(f) Other payment clauses. In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

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

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

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

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

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

Distribution shall be as follows:

Contracting Officer, Malika Graham, 178 E-Mail: malika.graham@nasa.gov

Contracting Officer’s Representative, TBD Pending GSFC COR Delegation, Code 435 E-Mail: TBD

Resources Analyst, TBD, TBD E-Mail: TBD

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

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

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

(End of Section G)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 SECTION H – CLAUSES INCORPORATED BY REFERENCE

1852.208-81 RESTRICTIONS ON PRINTING AND DUPLICATING (NOV 2004)

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

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

EXPLORATION ACTIVITIES UNRELATED TO THE

INTERNATIONAL SPACE STATION

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

ALTERNATE II (DEC 2005)

1852.244-70 GEOGRAPHIC PARTICIPATION IN THE AEROSPACE

PROGRAM (APR 1985)

H.2 1852.225-70 EXPORT LICENSES (FEB 2000) ALT 1 (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.

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

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

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

(e) The Contractor may request, in writing, that the Contracting Officer authorizes it to export ITAR-controlled technical data (including software) pursuant to the exemption at 22 CFR 125.4(b)(3). The Contracting Officer or designated representative may authorize or direct the use of the exemption where the data does not disclose details of the design, development, production, or manufacture of any defense article.

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

DEVELOPMENT (FEB 2003)

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

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

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

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

H.4 GSFC 52.211-100 CONTRACTOR PROPOSED ENHANCEMENTS (SEP

2013)

The Contractor shall provide the enhancements that are described in Attachment J. These enhancements, which are over and above the requirements required by the contract terms and conditions, Statement of Work and other contract attachments, were proposed by the Contractor in the proposal submitted in response to the Request for Proposal (RFP) 80GSFC21R0039 for the Earth Entry System (EES) Spin Eject Mechanism (SEM). The incorporation of these enhancements does not relieve the Contractor from the responsibilities of meeting all other contract terms and conditions and requirements in the Statement of Work and other contract attachments. The Contractor shall perform these enhancements on all work performed, unless specifically waived by the Contracting Officer in writing.

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

REPORTS (NOV 2016)

a. Subcontracting Plan (Contractor)

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

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

b. Subcontracting Plan (Subcontractors)

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

c. Individual Subcontract Reports (ISRs)

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

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

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

d. Summary Subcontract Reports (SSRs)

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

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

e. Subcontractor Reporting

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

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

(End of Section H)

SECTION I – CONTRACT CLAUSES

I.1 SECTION I - CLAUSES INCORPORATED BY REFERENCE

52.202-1 DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT (NOV 2021)

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS

FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (JUN 2020)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

(NOV 2021)

52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021); “(b)(3) Inspector

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

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN

2017)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER

FIBER CONTENT PAPER (MAY 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACTOR PERSONNEL (JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT

2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS

AND CERTIFICATIONS (DEC 2014)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY

KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021)

52.209-9 UPDATES OF PUBLICALLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (NOV 2015)

52.210-1 MARKET RESEARCH (NOV 2021)

52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

52.215-2 AUDIT AND RECORDS – NEGOTIATION (JUN 2020)

52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT

(OCT 1997)

52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR

PRICING DATA (AUG 2011)

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR

PRICING DATA – MODIFICATIONS (JUN 2020)

52.215-14 INTEGRITY OF UNIT PRICES (NOV 2021)

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

52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR

POSTRETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS

(JUL 2005)

52.215-19 NOTIFICATION OF OWNERSHIP CHARGES (OCT 1997)

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA

AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA

– MODIFICATIONS – (NOV 2021)

52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (JUN 2020)

52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018)

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

52.216-8 FIXED FEE (JUN 2011)

52.216-26 PAYMENTS OF ALLOWABLE COSTS BEFORE

DEFINITIZATION (DEC 2002)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR

HUBZONE SMALL BUSINESS CONCERNS (MAR 2020)

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

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JUN 2020) –

ALTERNATE II (NOV 2016)

52.219-16 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN (JAN

1999)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REPRESENTATION (SEP 2021)

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

Authorized Contractor Signature:_________________________ Date: _________________________ Authorized Contractor Signer’s Name: _________________________ Authorized Contractor Signer’s Title: _________________________

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

1997)

52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

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

52.222-3 CONVICT LABOR (JUN 2003)

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

EQUIPMENT (JUN 2020)

52.222-19 CHILD LABOR – COOPERATION WITH AUTHORITIES AND

REMEDIES (APR 2021)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEP 2016)

52.222-29 NOTIFICATION OF VISA DENIAL (APR 2015)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (NOV 2021)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING (JUN 2020)

52.225-1 BUY AMERICAN ACT – SUPPLIES (NOV 2021)

52.225-8 DUTY-FREE ENTRY (OCT 2010)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB

2021)

52.227-1 AUTHORIZATION AND CONSENT (JUN 2020) – ALTERNATE 1

(APR 1984)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT (JUN 2020)

52.227-11 PATENT RIGHTS – OWNERSHIP BY THE CONTRACTOR (MAY

2014) AS MODIFIED BY NFS 1852.227-11

52.227-16 ADDITIONAL DATA REQUIREMENTS (JUN 1987)

52.227-21 TECHNICAL DATA DECLARATION, REVISION, AND

WITHHOLDING OF PAYMENT – MAJOR SYSTEM (MAY 2014)

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

52.229-8 TAXES—FOREIGN COST-REIMBURSEMENT CONTRACTS

(MAR 1990)

52.230-4 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING

PRACTICES – FOREIGN CONCERNS (JUN 2020)

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

52.232-17 INTEREST (MAY 2014)

52.232-22 LIMITATION OF FUNDS (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM

FOR AWARD MANAGEMENT (OCT 2018)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATION (JUN

2013)

52.233-1 DISPUTES – ALTERNATE 1 (DEC 1991)

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

1985)

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

2004)

52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)

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

52.242-3 PENALTIES FOR UNALLOWABLE COSTS (MAY 2014)

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

52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN

2017)

52.242-13 BANKRUPTCY (JUL 1995)

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

V (APR 1984)

52.243-6 CHANGE ORDER ACCOUNTING (APR 1984)

52.243-7 NOTIFICATION OF CHANGES (JAN 2017)

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

52.244-2 SUBCONTRACTS (JUN 2020)

(d) If the Contractor has an approved purchasing system, the Contractor shall obtain the Contracting Officer’s written consent before placing the following subcontracts: Subcontracts for consultants and subject matter experts, (j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations: TBD.

52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2022)

52.246-24 LIMITATION OF LIABILITY – HIGH VALUE ITEMS (FEB 1997)

52.246-26 REPORT NONCONFORMING ITEMS (JUN 2020)

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

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

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

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

52.249-14 EXCUSABLE DELAYS (APR 1984)

52.251-1 GOVERNMENT SUPPLY SOURCES (APR 2012)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

1852.203-70 DISPLAY OF INSPECTOR GENERAL HOTLINE POSTERS (JUN

2001)

1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (AUG 2014)

1852.215-84 OMBUDSMAN (NOV 2011) – ALTERNATE I (JUN 2000)

1852.216-89 ASSIGNMENT AND RELEASE FORMS (AUG 2016)

1852.219-75 INDIVIDUAL SUBCONTRACTING REPORTS (APR 2015)

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

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

1852.227-11 PATENT RIGHTS – OWNERSHIP BY THE CONTRACTOR (APR

2015)

1852.228-75 MINIMUM INSURANCE COVERAGE (OCT 1988)

1852.235-70 CENTER FOR AEROSPACE INFORMATION (DEC 2006)

1852.237-73 RELEASE OF SENSITIVE INFORMATION (JUN 2005)

1852.242-78 EMERGENCY MEDICAL SERVICES AND EVACUATION (APR

2001)

I.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause—

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

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

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

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

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

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

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

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

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

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

and control and manage physical access devices.

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

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

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

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

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

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

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

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

(End of clause)

I.3 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes,…