80GSFC23B0001 RFP - FINAL Rev1.pdf

RFP 80GSFC23B0001 (Rev 1)

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Table of Contents

SECTION A – SOLICITATION/CONTRACT FORM ……………………………………………………1

SECTION B- SUPPLIES OR SERVICES AND PRICE/COSTS …………………………………………2

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

B.2 GSFC 52.211-90 SUPPLIES AND/OR SERVICES TO BE PROVIDED (SEP 2017)

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

E.2 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.3 52.246-13 INSPECTION – DISMANTLING, DEMOLITION, OR REMOVAL OF

IMPROVEMENTS (AUG 1996)

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

E.5 GSFC 52.246-102 INSPECTION SYSTEM RECORDS (APR 2013)

E.6 1852.246-71 GOVERNMENT CONTRACT QUALITY ASSURANCE FUNCTIONS... 9

(OCT 1988)

SECTION F CLAUSES INCORPORATED BY REFERENCE

F.1 52.211-13 TIME EXTENSIONS (SEP 2000)

F.2 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

F.3 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

F.4 52.242-14 SUSPENSION OF WORK (APR 1984)

F.5 52.247-34 F.O.B. DESTINATION (JAN 1991)

F.6 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

F.7 52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION (SEP 2000)

F.8 GSFC 52.217-92 PERIOD OF PERFORMANCE/EFFECTIVE ORDERING PERIOD

(JAN 2014)

F.8 GSFC 52.237-92 PLACE OF PERFORMANCE – SERVICES (NOV 2013)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 1852.245-75 PROPERTY MANAGEMENT CHANGES (JAN 2011)

G.2 1852.232-80 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT (APR 2018)

G.3 1852.245-82 OCCUPANCY MANAGEMENT REQUIREMENTS (SEP 2017)

G.4 1852.245-83 REAL PROPERTY MANAGEMENT REQUIREMENTS (JAN 2011)

G.5 GSF 52.232-90 INVOICES FOR CONSTRUCTION CONTRACTS (MAY 2018)

SECTION H CLAUSES INCORPORATED BY REFERENCE

H. 1 1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP REPORTING (DEC

2015) 16

H.6 1852.236-75 PARTNERING FOR CONSTRUCTION CONTRACTS (AUG 1998)

H.7 1852.243-72 EQUITABLE ADJUSTMENTS (APR 1998)

H.8 GSFC 52.204-99 CONTRACTOR PERSONNEL—IDENTIFICATION, ONSITE

REPORTING, AND CHECKOUT PROCEDURES (GSFC 52.204 99) (NOV 2021)

H.9 GSFC 52.211-95 GOVERNMENT PREMISES – PHYSICAL ACCESS AND

COMPLIANCE WITH PROCEDURES (NOV 2020)

H.10 SCHEDULE OF PRICES

H. 11 GSFC 52.223-91 SAFETY AND HEALTH – ADDITIONAL REQUIREMENTS (NOV

2019) 22

SECTION I - CONTRACT CLAUSES

I.1 52.202-1 DEFINITIONS (JUN 2020)

I.2 52.203-3 GRATUITIES (APR 1984) …………………………………………………….23

I.3 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014) ……………….23

I.4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT (JUN 2020) …………………………………………………………………...23

I.5 52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020) …………………………….23

I.6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL

OR IMPROPER ACTIVITY (MAY 2014) ……………………………………………………...23

I.7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY

(MAY 2014) ……………………………………………………………………………………...23

I.8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020) ………………………………………………………………….23

I.9 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017) ………………………………………………23

I.10 52.204-2 SECURITY REQUIREMENTS (MAR 2021) – ALT II (APR 1984) ………

I.11 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POST CONSUMER FIBER

CONTENT PAPER (MAY 2011) ………………………………………………………………...23

I.12 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011) ……………………………………………………………………………………….23

I.13 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUN 2020) ………………………………………………………………..………….23

I.14 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) ..23

I.15 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) ……23

I.16 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(AUG 2020) ……………………………………………………………………………………….23

I.17 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014) …………………………………………………………………23

I.18 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KAPERSKY LAB AND OTHER COVERED

ENTITIES (NOV 2021) …………………………………………………………………………...24

I.19 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

(NOV 2021) ………………………………………………………………………………………...24

I.20 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018) ……………………………………………………...24

I.21 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (NOV 2015) ……………………………………………………………………24

I.22 52.215-2 AUDIT AND RECORDS – NEGOTIATION (JUN 2020) ………………………24

I.23 52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT

(OCT 1997) ………………………………………………………………………………………….24

I.24 52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING

DATA- MODIFICATIONS (JUN 2020) ……………………………………………………………24

I.25 52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997) ………24

I.26 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT

BENEFITS (PRB) OTHER THAN PENSION (JUL 2005) …………………………………………24

I.27 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) ………………….24

I.28 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA

OTHER THAN CERTIFIED COST OR PRICING DATA- MODIFICATIONS (JUNE 2020)

ALTERNATE III (OCT 1997) ……………………………………………………………………….24

I.29 52-217-5 EVALUATION OF OPTIONS (JUL 1990) ……………………………………….24

I.30 52-217-8 OPTION TO EXTEND SERVICES (NOV 1999) …………………………………24

I.31 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020) ……………24

I.32 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018) ……………...24

I.33 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(SEP 2021) …………………………………………………………………………………………….24

I.34 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) ……….25

I.35 52.222-3 CONVICT LABOR (JUN 2003) ……………………………………………………25

I.36 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME

COMPENSATION (MAY 2018) …………………………………………………………………

I.37 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018) ……………...25

I.38 52.222-7 WITHHOLDING OF FUNDS (MAY 2014) ……………………………………….25

I.39 52.222-8 PAYROLLS AND BASIC RECORDS (JUL 2021) ………………………………..25

I.40 52.222-9 APPRENTICES AND TRAINEES (JUL 2005) ……………………………………25

I.41 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988) …….25

I.42 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014) ……………………..25

I.43 52.222-12 CONTRACT TERMINATION – DEBARMENT (MAY 2014) ………………….25

I.44 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS

AND RELATED REGULATIONS (MAY 2014) ……………………………………………………25

I.45 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988) ………………25

I.46 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014) ………………………….…..25

I.47 52.222-20 CONTRACTS FOR MATERIAL, SUPPLIES, ARTICLES AND EQUIPMENT

(JUN 2020) ……………………………………………………………………………………………25

I.48 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) …………………25

I.49 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) …………………25

I.50 52.222-26 EQUAL OPPORTUNITY (SEPT 2016) …………………………………………..25

I.51 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION (APR 2015) ……………………………………………………………………….25

I.52 52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020) ………………………25

I.53 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER NATIONAL LABOR

RELATIONS ACT (DEC 2010) ………………………………………………………………………25

I.54 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021) ……………………..26

I.55 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022) ………………...26

I.56 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (JAN 2022) ………26

I.57 52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022) ……….26

I.58 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) ……………..……………………...26

I.59 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY

DATA (FEB 2021) - ALTERNATE I (JUL 1995) ……………………………………………………26

I.60 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION

(MAY 2011) – ALTERNATE I (MAY 2011) ……………………………………………………….26

I.61 52.223-6 DRUG-FREE WORKPLACE (MAY 2001) ………………………………………26

I.62 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011) ………………………………26

I.63 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS

(MAY 2020) ………………………………………………………………………………………….26

I.64 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE

AND CONSTRUCTION CONTRACTS (AUG 2018) ………………………………………………26

I.65 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (JUN 2020) ………………………………………………………………………26

I.66 52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS

(MAY 2011) …………………………………………………………………………………………..26

I.67 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021) ………..26

I.68 52.227-1 AUTHORIZATION AND CONSENT (JUN 2020) ………………………………..26

I.69 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (JUN 2020) ……………………………………………………………………….27

I.70 52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007) ………..27

I.71 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997) …………………………………..27

I.72 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997) …27

I.73 52.228-11 INDIVIDUAL SURETY – PLEDGE OF ASSETS (FEB 2021) ………………….27

I.74 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014) 27

I.75 52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014) …………………………...27

I.76 52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION (JUN 2020) 27

I.77 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) ………………………….27

I.78 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

(MAY 2014) ……………………………………………………………………………………………27

I.79 52.232-17 INTEREST (MAY 2014) …………………………………………………………..27

I.80 52.232-18 AVAILABILITY OF FUNDS (APR 1984) ………………………………………..27

I.81 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) ……………………………………….27

I.82 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017) …….27

I.83 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR

AWARD MANAGEMENT (OCT 2018) ……………………………………………………………..27

I.84 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) …27

I.85 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (APR 2021) …………………………………………………………………..27

I.86 52.233-1 DISPUTES (MAY 2014) …………………………………………………………….27

I.87 52.233-3 PROTEST AFTER AWARD (AUG 1996) ………………………………………….27

I.88 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) ……..28

I.89 52.236-2 DIFFERING SITE CONDITIONS (APR 1984) …………………………………….28

I.90 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

(APR 1984) …………………………………………………………………………………………….28

I.91 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984) ………………………………...28

I.92 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984) …………………...28

I.93 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991) ……………………………….28

I.94 52.236-8 OTHER CONTRACTS (APR 1984) ………………………………………………..28

I.95 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS (APR 1984) ………………………………………………….28

I.96 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984) ……………………….28

I.97 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984) ………….28

I.98 52.236-12 CLEANING UP (APR 1984) …………………………………………………..28

I.99 52.236-13 ACCIDENT PREVENTION (NOV 1991) …………………………………….28

I.100 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984) ………...28

I.101 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984) …………28

I.102 52.236-16 QUANTITY SURVEYS (APR 1984) …………………………………………28

I.103 52.236-17 LAYOUT OF WORK (APR 1984) ……………………………………………28

I.104 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(FEB 1997) – ALTERNATE I (APR 1984) ………………………………………………………28

I.105 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995) ………………………..28

I.106 52.242-13 BANKRUPTCY (JUL 1995) ………………………………………………….28

I.107 52.243-4 CHANGES (JUN 2007) ………………………………………………………...28

I.108. 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2022) …………………………………………………………………………..28

I.109 RESERVED …………………………………………………………………………………29

I.110 52.246-26 REPORTING NONCONFORMING ITEMS (NOV 2021) …………………….29

I.111 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) ……………………………29

I.112 52.248-3 VALUE ENGINEERING – CONSTRUCTION (OCT 2020) ……………………29

I.113 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE) (APR 2012) - ALTERNATE I (SEP 1996) ……………………………………..29

I.114 52.249-3 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS) (APR 2012) ……..29

I.115 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984) ………………….29

I.116 52.253-1 COMPUTER GENERATED FORMS (JAN 1991) ………………………………29

I.117 1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (AUG 2014) …………………………………………………………………………….29

I.118 1852.215-84 OMBUDSMAN (NOV 2011) ………………………………………………..29

I.119 1852.223-74 DRUG-AND ALCOHOL-FREE WORKFORCE (NOV 2015) ………….….29

I.120 1852.228-75 MINIMUM INSURANCE COVERAGE (OCT 1988) ………………………29

I.121 1852.232-79 PAYMENT FOR ON-SITE PREPARATORY COSTS (SEP 1987)…………29

I.122 1852.236-73 HURRICANE PLAN (DEC 1988) ……………………………………………29

I.123 1852.237-70 EMERGENCY EVACUATION PROCEDURES (DEC 1988) ………………29

I.124 1852.237-73 RELEASE OF SENSITIVE INFORMATION (JUN 2005) ………….……….29

I.125 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016) …………………………………………………………………………….29

I.126 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) ….……………….31

I.127 52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA –

MODIFICATIONS (JUN 2020) ……………………………………………………………………34

I.128 52.219-14 LIMITATIONS OF SUBCONTRACTING (OCT 2022) ………………………34

I.129 52.222-32 CONSTRUCTION WAGE RATE REQUIREMENTS - PRICE

ADJUSTMENT (ACTUAL METHOD) (AUG 2018) ……………………………………………..37

I.130 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) …………………….39

I.131 52.222-36 (EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

(JUN 2020) …………………………………………………………………………………………39

I.132 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT

FOR EPA-DESIGNATED ITEMS (MAY 2008) ………………………………………………….39

I.133 52.223-11 OZONE -DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING

POTENTIAL HYDROFLUOROCARBONS (JUNE 2016)

I.134 52.223-20 AEROSOLS (JUN 2016)

I.135 52.223-21 FOAMS (JUN 2016)

I.136 52.225-9 BUY AMERICAN - CONSTRUCTION MATERIALS (OCT 2022)

I.137 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT— CONSTRUCTION

MATERIALS (MAY 2014)

I.138 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (NOV 2021)(DEVIATION 20-03B)

I.139 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) ……...48

I.140 52.236-4 PHYSICAL DATA (APR 1984) ………………………………………………48

I.141 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.142 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

I.143 1852.225-71 RESTRICTION ON FUNDING ACTIVITY WITH CHINA

(FEB 2012) (DEVIATION)

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

K.1 52.236-28 PREPARATION OF PROPOSALS - CONSTRUCTION (OCT 1997)

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

K.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQIPMENT (NOV 2021)

K.4 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES

- REPRESENTATION (OCT 2020) …………………………………………………………….57

K.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)58

K.6 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020)

K.7 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

K.8 1852.225-72 RESTRICTION ON FUNDING ACTIVITY WITH CHINA –

REPRESENTATION (DEVIATION 12-01A) (FEB 2012)

L.1 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

L.2 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(AUG 2020) …………………………………………………………………………………...…63

L.3 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017) ……………………63

L.4 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) 63

L.5 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) …………...63

L.6 52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION

(NOV 2021) ……………………………………………………………………………………...63

L.7 1852.223-73 SAFETY AND HEALTH PLAN (JUL 2015) …………………………….63

L.8 52.215-200 COMMUNICATIONS REGARDING THIS SOLICITATION (SEP 2017) 63

L.9 52.216-1 TYPE OF CONTRACT (APR 1984) ………………………………………….63

L.10 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS – SECONDARY SITE

OF THE WORK (MAY 2014)

L.11 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

L.12 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.13 52.236-27 SITE VISIT (CONSTRUCTION). (FEB 1995) – ALT I (FEB 1995)

L.14 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998) …………………………………………………………………………………………….65

L.15 52.252-5AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

L.16 1852.233-70 PROTEST TO NASA (DEC 2015)

L.17 1852.236-74 MAGNITUDE OF REQUIREMENT (DEC 1988)

L.18 GSFC 52.215-200 COMMUNICATIONSREGARDING THIS SOLICITATION (SEP

2017) …………………………………………………………………………………………….67 Price Volume

L.19 – ELECTRONIC SUBMISSION OF PROPOSALS - PROPOSAL MARKING AND

DELIVERY THROUGH NASA’s EFSS BOX (MAY 2021)

(b) PROPOSAL CONTENT AND PAGE LIMITATIONS None ……………………………………………………………………………………………..68

L.20 ELECTRONIC SUBMISSION OF PROPOSALS - PROPOSAL MARKING AND

DELIVERY THROUGH NASA’s EFSS BOX (MAY 2021) ………………………………….70

L.21 GSFC 52.215-203 OFFER VOLUME (JUL 2020) ……………………………………..71

L.22 TECHNICAL ACCEPTABILITY VOLUME ………………………………………….75

L.23 PRICE VOLUME ………………………………………………………………………75

M.1 GSFC 52.215-300 SOURCE SELECTION AND EVALUATION FACTORS-GENERAL

(SEP 2019)

M.2 GSFC 52.209-300 PROSPECTIVE CONTRACTOR RESPONSIBILITY (MAR 2019) . 77

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

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

The work includes all work in this SOW and Attachment B, to the extent noted, with the exception of the following options. The Government may or may not choose to award any of these options based on available funding:

The total firm fixed price of this contract is $ (To Be Proposed (TBP)).

Item No. Supplies/Services Amount 001 Basic Requirement - The Base Bid will include the replacement of one 15 kV air switch with two 15 kV SF6 gas switches.

Roughly 10,000 linear feet of the existing medium voltage direct burial cable will be replaced with new 15 kV cable in 4” horizontally bored duct. In addition, a looped feeder will be created as part of this project to allow for more flexibility and resiliency during power outages and system maintenance.

$(TBP)

002 Option 1 – Bid Option 1 will include the replacement of 3 - 15 kV air switches with 15 kV SF6 gas switches. Also, 5 oil filled low voltage transformers will be replaced.

Roughly 25,000 linear feet of the existing medium voltage direct burial cable will be replaced with new 15 kV cable in 4” horizontally bored duct.

$(TBP)

Note: Bidder shall also complete Price Proposal Schedule SF1442, Block 17

(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 A –

SOW, B -

Specifications, and C

- Drawings

As Defined in Attachments A

– SOW, B -

Specifications, and C - Drawings

As Defined in Attachments A –

SOW, B -

Specifications, and C - Drawings

As Defined in Attachments

A – SOW, B -

Specifications, and C - Drawings

Standard Form 25 - Performance Bond or Irrevocable Letter of Credit

Section I

FAR

52.228-15

Within 15 days after notice of award or actual contract award

Electronic Format/Contracting Officer (CO)

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

Section I

FAR

52.228-15

Within 15 days after notice of award or actual contract award

Electronic Format/CO

Contractor’s Daily Reports

Attachment D

Daily, close of business on the first day of performance

Electronic Format/NASA Inspector and COR

80GSFC23B0001

Certified Payrolls

Section I 52.222-8

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

Electronic or Hard Copy/CO and COR

Schedule of Prices

Clause H.10 Schedule of Prices 30 days after contract award date, Prior to Notice to Proceed

Electronic Format/CO, COR

7 Construction Progress Schedule

Section I 52.236-15

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

Electronic Format/CO, COR

Standard Form 1413 - Statement and Acknowledgement

52.222-11

Within 14 days of award of contract and subsequent awarded subcontracts

Electronic Format/CO and

COR

Test Reports

As defined in Attachment B, section SD-06

As defined in Attachment B, section SD-06

As specified in Attachment B

/COR

Government Real Property Maintenance Plan

Section G

NFS 1852.245-83

30 Days after Contract award Electronic Format/CO and

Safety & Health Plan Section H

FAR 52.236-13-

Alternate I

30 days after contract award, Prior to Notice to Proceed

Electronic Format /CO and

COR

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),CO and

Personal Identity Verification (PIV)

Documentation and Reporting

GSFC 52.204-99

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

Affirmative Procurement of Biobased Products

Section I

FAR 52.223-2

Annually by October 31 and Final Report www.SAM.gov and copy to the

CO

Estimate of Recovered Material Content

Section I

FAR 52.223-9

Monthly Report and Upon Contract Completion

Service Contract Reporting

FAR 52.204-14

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

18 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.

(END OF SECTION B)

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 Attachment A, Statement of Work; Attachment B, “WFF Restoration of Main Base Electrical Infrastructure Phase 2 Specifications” and Attachment C, “Main Base Electrical Stamped Construction Drawings – Phase 2”

(END OF SECTION C)

SECTION D - PACKAGING AND MARKING

THERE ARE NO CLAUSES IN THIS SECTION D

(END OF SECTION D)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

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

Title Number Date Tailoring

(To be specified if applicable)

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

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

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

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

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

E.2 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.3 52.246-13 INSPECTION – DISMANTLING, DEMOLITION, OR REMOVAL OF

IMPROVEMENTS (AUG 1996)

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 - 18 WFF CO, COR

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

The Contractor shall maintain records evidencing inspections in accordance with the Inspection clause of this contract for six (6) years after delivery of all items and/or completion of all services called for by the contract.

(End of clause)

E.6 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 Quality Assurance Location

TBD TBD TBD

(END OF SECTION E)

SECTION F – DELIVERIES OR PERFORMANCE

SECTION F CLAUSES INCORPORATED BY REFERENCE

F.1 52.211-13 TIME EXTENSIONS (SEP 2000)

F.2 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

F.3 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

F.4 52.242-14 SUSPENSION OF WORK (APR 1984)

F.5 52.247-34 F.O.B. DESTINATION (JAN 1991)

F.6 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 365 days after notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.7 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 $1,058 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.8 GSFC 52.217-92 PERIOD OF PERFORMANCE/EFFECTIVE ORDERING

PERIOD (JAN 2014)

The period of performance of this contract shall be for a period of 1 year from the contract effective date of TBD.

F.8 GSFC 52.237-92 PLACE OF PERFORMANCE – SERVICES (NOV 2013)

The services to be performed under this contract shall be performed at the following location(s): Wallops Flight Facility (WFF), Wallops Island, VA.

(END OF SECTION F)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 1852.245-75 PROPERTY MANAGEMENT CHANGES (JAN 2011)

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

(APR 2018)

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

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

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

(c) Payment requests.

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

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

(i) Vouchers.

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

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

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

(D) Progress reports, as required.

(ii) Invoices.

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

(B) Progress reports, as required.

(C) Date goods and services were performed.

(iii) Fee vouchers.

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

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

(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 requests. 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 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, https://www.nssc.nasa.gov/vendorpayment 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.4 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.

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.

(b) 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.

(c) 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.

(d) 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.5 GSF 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: Leslie Adams Code: 174 Email: Leslie.M.Adams@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 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.

(END OF SECTION G)

http://www.nssc.nasa.gov/vendorpayment http://www.nssc.nasa.gov/vendorpayment mailto:Email:%20Leslie.M.Adams@nasa.gov mailto:Email:%20%20Stephen.A.Mariner@nasa.gov

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 1852.242-72 DENIED ACCESS TO NASA FACILITIES (OCT 2015)

H.4 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.5 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.6 1852.236-75 PARTNERING FOR CONSTRUCTION CONTRACTS (AUG 1998)

(a) The terms “partnering”, and “partnership” used herein shall mean a relationship of open communication and close cooperation that involves both Government and Contractor personnel working together for the purpose of establishing a mutually beneficial, proactive, cooperative environment within which to achieve contract objectives and resolve issues and implementing actions as required.

(b) Partnering will be a voluntary commitment mutually agreed upon by at least NASA and the prime contractor, and preferably the subcontractors and the A&E design contractor, if applicable. Sustained commitment to the process is essential to assure success of the relationship.

(c) NASA intends to facilitate contract management by encouraging the foundation of a cohesive partnership with the Contractor, its subcontractors, the A&E design contractor, and NASA's contract management staff. This partnership will be structured to draw on the strengths of each organization to identify and achieve mutual objectives. The objectives are intended to complete the contract requirements within budget, on schedule, and in accordance with the plans and specifications.

(d) To implement the partnership, it is anticipated that within 30 days of the Notice to Proceed the prime Contractor's key personnel, its subcontractors, the A&E design contractor, and NASA personnel will attend a partnership development and team building workshop. Follow-up team building workshops will be held periodically throughout the duration of the contract as agreed to by the Government and the Contractor.

(e) Any cost with effectuating the partnership will be agreed to in advance by both parties and will be shared with no change in the contract price. The contractor's share of the costs are not recoverable under any other Government award.

H.7 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 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.8 GSFC 52.204-99 CONTRACTOR PERSONNEL—IDENTIFICATION,

ONSITE REPORTING, AND CHECKOUT PROCEDURES (GSFC

52.204 99) (NOV 2021)

(a) In accordance with FAR 52.204-9, Personal Identity Verification of Contractor Personnel, the Contractor shall follow the procedures in NASA Procedural Requirements (NPR) 1600.4, 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. GSFC Protective Services 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 the steps outlined in NPR 1600.4 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 GSFC Protective Services, Code 240, Attention: Badging Supervisor, 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 (Identify and Access Management – IdMAX) contains work and home location and contact information for personnel that have permanent NASA PIV cards. The Contractor may contact the Badging Supervisor, Tel 301-286-2306 for assistance regarding IdMAX.

(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 IdMAX. The PIV Request must be approved by the PIV Sponsor (COR or the Contracting Officer). The COR will resolve any housing or access issues and review the request for accuracy and completeness. Requests that are approved by the PIV Sponsor will be forwarded to GSFC Protective Services, Code 240, PIV Authorization, Badge enrollment, and Badge issuance.

(d) The Contractor shall submit an annotated PIV Report each month. The GSFC Badging Supervisor 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 GSFC Protective Services, Code 240, Attention: Badging Supervisor, and to the COR by the 10th calendar day of the month.

For the final PIV Report under the contract, the GSFC Badging Supervisor 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 three (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, GSFC Protective Services 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 GSFC Protective Services 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 GSFC Protective Services, Code 240 and complete the GSFC form 17-26A, which shall be signed off and maintained by the contract Program Manager once completed. 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. In addition, it is the responsibility of the contractor to notify the government of any termination/removal that occurs when the PIV has not been turned in to or received by the government. 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.9 GSFC 52.211-95 GOVERNMENT PREMISES – PHYSICAL ACCESS

AND COMPLIANCE WITH PROCEDURES (NOV 2020)

(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.