CLPS_Domestic_Sources_Clause_and_Provision_(003).pdf

I.21 DOMESTIC SOURCE CRITERIA AND COMPLIANCE

This solicitation is for the express purpose of procuring space transportation services (as defined by 51 U.S.C. §§ 50101 and 50131). As such, in accordance with 51 U.S.C. § 50131 and United

States space policy, this procurement is restricted to United States industry entities that qualify as

United States commercial providers as defined by 51 U.S.C. § 50101(7) and this solicitation.

“United States commercial provider” is defined as any corporation, partnership, joint venture, association, or other entity which is organized or existing under the laws of the United States or any State, and whose controlling interest is held by United States citizens or permanent residents that performs space transportation services or that constructs any space transportation vehicle necessary to perform space transportation services.

“Space transportation services” is defined as the preparation of a space transportation vehicle and its payloads for transportation to, from, or within outer space, or in suborbital trajectory, and the conduct of transporting a payload to, from, or within outer space, or in suborbital trajectory and any other services required in the performance of this contract (or any task order issued thereunder), including services necessary to construct, produce, manufacture, or otherwise provide any and all space transportation vehicles necessary to perform the space transportation services.

“Space transportation vehicle” is defined as any vehicle constructed for the purpose of operating in, or transporting a payload both to and within space.

“Controlling Interest” means ownership of an amount of equity in such entity sufficient to direct management of the entity or to avoid transactions entered into by management. Ownership of at least fifty-one (51) percent of the equity in an entity creates a presumption that such an interest is controlling; however, the ultimate determination as to whether the interest is controlling resides with NASA.

Offerors must certify that they meet these criteria in responding to this solicitation.

Offerors that fail to meet these criteria are ineligible to participate in this procurement.

The Commercial Lunar Payload Service (CLPS) is by definition a space transportation service, and as such, requires the construction of a space transportation vehicle (or vehicles) in order to perform this service. As such, both the CLPS space transportation service provider prime contractor, as well as all firms that construct, produce, manufacture or otherwise provide space transportation vehicles for the purpose of the prime contractor’s performance of CLPS, must be

United States commercial providers as defined above. Additionally, throughout its performance of the contract (including any and all task orders awarded thereunder), the CLPS space transportation service provider prime contractor shall provide a CLPS that utilizes domestic end products for all space transportation vehicles required for performance of this contract, inclusive of any launch vehicle and any other space transportation vehicle used to deliver payloads to the lunar surface. CLPS space transportation vehicles will be considered domestic end products only if the cost of their components, mined, produced or manufactured in the United States exceed fifty (50) percent of the cost of all their components. The cost of each component includes transportation costs to the place of incorporation into the CLPS and any applicable duty (whether or not a duty - free entry certificate is issued).

By complying with the above, the CLPS space transportation service provider prime contractor shall also be in compliance with the United States National Space Transportation Policy, dated

November 21, 2013 (“Policy”). Per this Policy, all US Government payloads launched pursuant to a task order under this contract must be launched on vehicles manufactured in the United

States, unless the US Government payload qualifies as a hosted payload (as defined by NASA

Policy Directive (“NPD”) 8610.12H) and NASA elects to avail itself of this exemption in accordance with that policy. NASA will notify prime contractors at time of the release of each request for task order proposals whether the particular task order mission qualifies for the

“hosted payload” exemption and whether NASA is electing to utilize said exemption.

Failure to comply with these domestic source limitations may result in NASA exercising its right to terminate the contract for cause in accordance with FAR 52.212-4(m) and the applicable terms of this contract. NASA may elect not to exercise its right to terminate the contract; however, such an election is not a waiver of its right to do so in the future.

(End of text)

III.1 DOMESTIC SOURCE CERTIFICATION

Offerors shall complete and submit the following certifications:

Certification Regarding United States Commercial Providers of Space Transportation

Services and Space Transportation Vehicles Constructed, Produced, Manufactured, or

Otherwise Provided in Furtherance of CLPS

(A) Participation in this procurement is restricted to prime contractors meeting the definition of

United States commercial provider. Participation in this procurement is further restricted (at all contractor tiers) to United States commercial providers constructing, producing, manufacturing, or otherwise providing any space transportation vehicle in furtherance of CLPS.

(B) The Offeror certifies, to the best of its knowledge and belief, that it and any of its subcontractors constructing, producing, manufacturing or otherwise providing a space transportation vehicle [ ] is [ ] is not a United States commercial provider as definedbelow--

(i) ‘United States commercial provider' means a commercial provider, organized under the laws of the United States or of a State, which is—

(a) more than 50 percent owned by United States nationals; or

(b) a subsidiary of a foreign company and the Secretary of Transportation finds that—

(1) such subsidiary has in the past evidenced a substantial commitment to the United States market through--

(I) investments in the United States in long-term research, development, and manufacturing (including the manufacture of major components and subassemblies); and

(II) significant contributions to employment in the United States;

and

(2) the country or countries in which such foreign company is incorporated or organized, and, if appropriate, in which it principally conducts its business, affords reciprocal treatment to companies described in subparagraph (B)(i)(a) comparable to that afforded to such foreign company's subsidiary in the United States, as evidenced by—

(I) providing comparable opportunities for companies described in subparagraph (B)(i)(a) to participate in Government sponsored research and development similar to that authorized under this Act;

(II) providing no barriers, to companies described in subparagraph (B)(i)(a) with respect to local investment opportunities, that are not provided to foreign companies in the

United States; and

(III) providing adequate and effective protection for the intellectual property rights of companies described in subparagraph (B)(i)(a).

(C) “United States commercial provider” is defined as any corporation, partnership, joint venture, association, or other entity which is organized or existing under the laws of the United

States or any State, and whose controlling interest is held by United States citizens or permanent residents that performs space transportation services or that constructs any space transportation vehicle necessary to perform space transportation services.

“Space transportation services” is defined as the preparation of a space transportation vehicle and its payloads for transportation to, from, or within outer space, or in suborbital trajectory, and the conduct of transporting a payload to, from, or within outer space, or in suborbital trajectory and any other services required in the performance of this contract (or any task order issued thereunder), including services necessary to construct, produce, manufacture, or otherwise provide any and all space transportation vehicles necessary to perform the space transportation services.

“Space transportation vehicle” is defined as any vehicle constructed for the purpose of operating in, or transporting a payload both to and within space.

“Controlling Interest” means ownership of an amount of equity in such entity sufficient to direct management of the entity or to avoid transactions entered into by management. Ownership of at least fifty-one (51) percent of the equity in an entity creates a presumption that such an interest is controlling; however, the ultimate determination as to whether the interest is controlling resides with NASA.

(D) The Commercial Lunar Payload Service (CLPS) is by definition a space transportation service, and as such, requires the construction of a space transportation vehicle (or vehicles) in order to perform this service. As such, both the CLPS space transportation service provider prime contractor, as well as all firms that construct, produce, manufacture or otherwise provide space transportation vehicles for the purpose of the prime contractor’s performance of CLPS, must be United States commercial providers as defined above. Additionally, throughout its performance of the contract (including any and all task orders awarded thereunder), the CLPS space transportation service provider prime contractor shall provide a CLPS that utilizes domestic end products for all space transportation vehicles required for performance of this contract, inclusive of any launch vehicle and any other space transportation vehicle used to deliver payloads to the lunar surface. CLPS space transportation vehicles will be considered domestic end products only if the cost of their components, mined, produced or manufactured in the United States exceed fifty (50) percent of the cost of all their components. The cost of each component includes transportation costs to the place of incorporation into the CLPS and any applicable duty (whether or not a duty - free entry certificate is issued).

(E) The Offeror certifies that its proposal [ ] is [ ] is not in compliance with paragraphs (A), (B), (C), and (D), above. Any proposal failing to demonstrate its compliance with these criteria will not be considered for award.