NRESS III Draft RFP.pdf

DRAFT RFP 80HQTR25R7002

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1

B.1 GSFC 52.211-90 SUPPLIES AND/OR SERVICES TO BE PROVIDED. (APR 2023)

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, and Task Orders issued hereunder.

Item Description Reference Schedule Delivery

Method/Addresses

1 Services and

Deliverables in accordance with

Attachment A, SOW

As Defined in

Attachment A, SOW

As Defined in

Attachment A, SOW

As Defined in

Attachment A, SOW

2 Services and

Deliverables in accordance with

Task Orders

Issued and the

SOW

As Defined in

Individual Task

Orders Issued

As Specified in

Individual Task

Orders Issued

As Specified in

Individual Task

Orders Issued

3 Task Plans Section B

GSFC 52.216-91

Section I

NFS 1852.216-80

As Required in

Clause NFS

1852.216-80

As Required in

Clause NFS

1852.216-80

4 Reports of Work Section C

GSFC 52.235-90

As Required in

Clause GSFC

52.235-90

As specified in

Clause NFS

1852.235-73

5 Contract

Historical Data

Section C

GSFC 52.211-91

Attachment I

30 Days after

Contracting Officer

Request

Electronic

Format/CO

6 NASA Financial

Management

Reports

Section G

GSFC 52.242-90

Section G

NFS 1852.242-73

Attachment C

Monthly and

Quarterly in accordance with

Attachment C

Electronic Format/

Contracting Officer

(CO), Contracting

Officer’s

Representative

(COR), Resource

Analyst (RA) &

Regional Finance

Office

7 Foreign Travel

Requests and

Foreign Travel

Reports

Section G

NFS 1852.242-71

Foreign Travel

Requests–30 days in

Advance of Travel

Foreign Travel

Reports–Due within

10 business days of

As specified in CO’s travel approval

B-2 the completion of travel.

8 Requests for

Government

Property

Section G

NFS 1852.245-70

30 Days Prior to

Acquire Date

Electronic

Format/CO

9 Physical

Inventory of

Capital Personal

Property

Reporting

Section G

NFS 1852.245-78

Within 10 Days of

Annual Physical

Inventory

Property

Administrator

10 Reporting of

Inventions

Section G

NFS 1852.227-72

Section I

FAR 52.227-11

Interim Reports

Every 12 Months (or sooner to preserve

Patent Rights) and

Final Report within

3 Months after

Contract Completion

Electronic or Hard

Copy Format/New

Technology

Representative or

Patent

Representative

11 Organizational

Conflicts of

Interest (OCI)

Avoidance Plan

Section I

NFS 1852.237-72

Section J

Attachment I, Attachment L

Submitted with proposal

Electronic

Format/CO

12 Equal

Opportunity

Reports

Section I

FAR 52.222-26

As Specified by

FAR 52.222-26

Electronic

Format/CO & Code

13 Certificate of

Insurance

Section I

FAR 52.228-5

FAR 52.228-7 Section

I

NFS 1852.228-75

As Specified by

FAR52.228-5

FAR 52.228-7

Electronic

Format/CO

14 Subcontract

Notification

Section I

FAR 52.244-2

30 Days Prior to

Subcontract Award

Date

Electronic or Hard

Copy Format/CO

15 Information

Systems Security

Plan

Section I

NFS 1852.204-76

Deviation 21-01B, Attachment N

Submitted with proposal & Annual

Updates As

Required

Electronic

Format/CO

16 Service Contract

Reporting

Section I

FAR 52.204-15

Annually by October

31 and Revisions, if needed, by

November 30 https://www.sam.gov

17 Federal

Acquisition

Supply Chain

Security Act

Section I

52.204-30

As specified by FAR

52.204-30, Within 3 business days from the date of

Electronic

Format/CO https://www.sam.gov/

B-3

(FASCSA)

Report identification or notification

18 Source Codes for all Software SOW Upon Request

Electronic

Format/COR

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

(End of Clause)

B.2 GSFC 52.216-90 MINIMUM/MAXIMUM AMOUNT OF SUPPLIES OR SERVICES

(COST REIMBURSEMENT). (MAR 2022)

(a) The minimum amount of supplies or services that shall be ordered during the effective period of this contract is $5,000,000.00 The maximum amount of supplies or services that may be ordered during the effective period of this contract is $365,208,886.00. All orders placed under this contract will be applied to the minimum and maximum specified in this paragraph.

(b) The minimum amount is reached when the sum of the dollar amounts of all ordered supplies or services, except for any adjustments made pursuant to the Limitation of Cost or Limitation of

Funds clause, equals or exceeds the minimum amount stated in paragraph (a).

(c) The maximum amount is reached when the sum of the dollar amounts of all ordered supplies or services, except for any adjustments made pursuant to the Limitation of Cost or Limitation of

Funds clause, equals the maximum amount stated in paragraph (a).

(d) The maximum amount, if reached, precludes the issuance of further orders for supplies or services under this contract. However, reaching the maximum amount does not preclude adjustments to the dollar amounts of existing placed orders, for actions that are within the scope of the placed orders, and which are made pursuant to existing contract authority, such as the

Changes clause.

(End of clause)

B.3 GSFC 52.216-91 SUPPLEMENTAL TASK ORDERING PROCEDURES (COST

REIMBURSEMENT). (APR 2022)

(a) When the Government issues a request for a “task plan” to the Contractor in accordance with the Clause entitled “Task Ordering Procedure” of this contract, the Contractor shall prepare its estimate of the labor hours, labor categories, indirect costs, and other direct costs required to perform the task order requirements. The Contractor shall use only those appropriate labor and indirect cost rates, which may be less than but shall not exceed the rates found in Attachment B, to calculate the proposed estimated costs for all task orders issued in accordance with the “Task

Ordering Procedure” clause of this contract.

(b) The Contractor’s proposed approach/pricing of the representative tasks set forth in its proposal for award of this contract shall be used as reference by the Contracting Officer in negotiating tasks with the Contractor which are issued under this contract, but only to the extent portions of a representative task are relevant to portions of a task actually issued.

B-4

(c) The Government and Contractor agree that the fixed fee percentage specified in Attachment

B shall be used to calculate the fixed fee dollars on all task orders issued in accordance with the

“Task Ordering Procedure” clause of this contract.

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.

B.5 NFS 1852.216-74 ESTIMATED COST AND FIXED FEE. (DEC 1991)

The estimated cost of this contract is to be negotiated by task order exclusive of the fixed fee of to be negotiated by task order. The total estimated cost and fixed fee is to be negotiated by task order and not to exceed the maximum ordering value specified in clause B.2.

B.6 NFS 1852.232-81 CONTRACT FUNDING. (JUN 1990)

B-5

(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 identified on each task order. This allotment is for NASA Research and Education Support

Services (NRESS) III and covers the following estimated period of performance:

Identified on each task order.

(b) An additional amount, identified on each task order, is obligated under this contract for payment of fee.

PART I – THE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1

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

The Contractor shall provide the personnel, materials, and facilities, except as otherwise specified in this contract, necessary to perform the work and to furnish the items specified in the

Supplies and/or Services To Be Provided clause of this contract in accordance with the

Attachment A - Statement of Work; Attachment H - Contract Historical Data; and task orders issued hereunder.

C.2 GSFC 52.235-90 REPORTS OF WORK (IDIQ/BPA). (MAR 2022)

(a) Monthly progress reports. The Contractor shall submit monthly progress reports of all work accomplished covering all Task Orders active during each month of contract performance.

Reports shall address the accomplishments and progress of all work performed under each Task

Order for the month being reported. Each Task Order shall be a separate report. The report shall be in narrative form and brief in content. The report shall include a description of overall Task

Order progress to include technical accomplishments and status of deliverables. Also the report shall provide a quantitative description of overall progress and identify any risks or problems, which may impede performance and proposed corrective actions. Also the report shall have a discussion of the projected work activities to be performed during the next monthly reporting period.

(b) Final Task Order Report. The Contractor shall submit a Final Task Order Report for each completed Task Order that summarizes the results of the entire Task Order, including recommendations and conclusions based on the experience and results obtained. The Final Task

Order Report should include, as appropriate, tables, graphs, diagrams, curves, sketches, photographs, and drawings in sufficient detail to comprehensively explain the results achieved under the Task Order. The final report shall also include the final incurred cost for the Task

Order.

(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) 173

1 M, F Contracting Officer's Representative (COR) DA030

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

SECTION D - PACKAGING AND MARKING

D-1

D.1 SECTION D CLAUSES INCORPORATED BY REFERENCE

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

(End of by reference clauses)

D.2 NFS 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 (c) and (d) of this clause shall be delivered to the NASA center receiving activity listed below:

NASA Headquarters

300 E St SW

Washington DC 20546

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

SECTION E - INSPECTION AND ACCEPTANCE

E-1

E.1 CLAUSES INCORPORATED BY REFERENCE

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

E.2 GSFC 52.246-92 ACCEPTANCE -- SERVICES. (APR 2022)

The Contracting Officer or authorized representative will accomplish acceptance at the NASA

Headquarters facility or as specified in individual task orders issued. For the purpose of this clause, the Contracting Officer's Representative delegated on this contract is the authorized representative. The Contracting Officer reserves the right to unilaterally designate a different

Government agent as the authorized representative. The Contractor will be notified by a written notice or by a copy of the delegation of authority if different representative is designated.

E.3 GSFC 52.246-102 INSPECTION SYSTEM RECORDS. (APR 2013)

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

SECTION F - DELIVERIES OR PERFORMANCE

F-1

F.1 CLAUSES INCORPORATED BY REFERENCE

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

F.2 GSFC 52.217-92 EFFECTIVE ORDERING PERIOD (JAN 2014)

The effective ordering period of this contract shall be for a period of 5 years from the contract effective date of 06/01/2026.

F.3 GSFC 52.237-92 PLACE OF PERFORMANCE - SERVICES. (NOV 2013)

The services to be performed under this contact shall be performed at the following location(s):

Contractor’s facilities. Alternate places of performance may be specified in individual task orders issued.

SECTION G - CONTRACT ADMINISTRATION DATA

G-1

G.1 CLAUSES INCORPORATED BY REFERENCE

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

NFS 1852.227-72 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND

PATENT REPRESENTATIVE. (APR 2015)

NFS 1852.242-71 TRAVEL OUTSIDE OF THE UNITED STATES (DEC 1988)

NFS 1852.242-73 NASA CONTRACTOR FINANCIAL MANAGEMENT REPORTING.

(NOV 2004)

NFS 1852.245-70 CONTRACTOR REQUESTS FOR GOVERNMENT-FURNISHED

PROPERTY. (AUG 2015)

NFS 1852.245-75 PROPERTY MANAGEMENT CHANGES. (JAN 2011)

NFS 1852.245-78 PHYSICAL INVENTORY OF CAPITAL PERSONAL PROPERTY.

(AUG 2015)

G.2 NFS 1852.232-80 SUBMISSION OF VOUCHERS 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.

G-2

(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 NFS 1852.245-73 Financial Reporting of NASA Property in the Custody of

Contractors (JAN 2017)

(a) The Contractor shall submit annually a NASA Form (NF) 1018, NASA Property in the

Custody of Contractors, in accordance with this clause, the instructions on the form and NFS subpart 1845.71, and any supplemental instructions for the current reporting period issued by

NASA.

(b)(1) Subcontractor use of NF 1018 is not required by this clause; however, the Contractor shall include data on property in the possession of subcontractors in the annual NF 1018.

(2) The Contractor shall mail the original signed NF 1018 directly to the cognizant NASA

Center Industrial Property Officer and a copy to the cognizant NASA Center Deputy Chief

Financial Officer, Finance, unless the Contractor uses the NF 1018 Electronic Submission

System (NESS) for report preparation and submission.

(3) One copy shall be submitted (through the Department of Defense (DOD) Property

Administrator if contract administration has been delegated to DOD) to the following address:

[Insert name and address of appropriate NASA Center office.], unless the Contractor uses the NF

1018 Electronic Submission System (NESS) for report preparation and submission.

G-3

(c)(1) The annual reporting period shall be from October 1 of each year through September 30 of the following year. The report shall be submitted in time to be received by October 31st. The information contained in these reports is entered into the NASA accounting system to reflect current asset values for agency financial statement purposes. Therefore, it is essential that required reports be received no later than October 31st.

(2) Some activity may be estimated for the month in which the report is submitted, if necessary, to ensure the NF 1018 is received when due. However, contractors' procedures must document the process for developing these estimates based on planned activity such as planned purchases or NASA Form 533 (NF 533) Contractor Financial Management Report cost estimates. It should be supported and documented by historical experience or other corroborating evidence, and be retained in accordance with FAR Subpart 4.7, Contractor Records Retention.

Contractors shall validate the reasonableness of the estimates and associated methodology by comparing them to the actual activity once that data is available, and adjust them accordingly. In addition, differences between the estimated cost and actual cost must be adjusted during the next reporting period. Contractors shall have formal policies and procedures, which address the validation of NF 1018 data, including data from subcontractors, and the identification and timely reporting of errors. The objective of this validation is to ensure that information reported is accurate and in compliance with the NASA FAR Supplement. If errors are discovered on NF

1018 after submission, the contractor shall contact the cognizant NASA Center Industrial

Property Officer (IPO) within 30 days after discovery of the error to discuss corrective action.

(3) In addition to an annual report, if at any time during performance of the contract, NASA-owned property in the custody of the contractor has a value of $10 million or more, the contractor shall also submit a report no later than the 21st of each month in accordance with the requirements of paragraph (c)(2) of this clause.

(4) The Contracting Officer may, in NASA's interest, withhold payment until a reserve not exceeding $25,000 or 5 percent of the amount of the contract, whichever is less, has been set aside, if the Contractor fails to submit annual NF 1018 reports in accordance with NFS subpart

1845.71, any monthly report in accordance with (c)(3) of this clause, and any supplemental instructions for the current reporting period issued by NASA. Such reserve shall be withheld until the Contracting Officer has determined that NASA has received the required reports. The withholding of any amount or the subsequent payment thereof shall not be construed as a waiver of any Government right.

(d) A final report shall be submitted within 30 days after disposition of all property subject to reporting when the contract performance period is complete in accordance with paragraph (b)(1) through (3) of this clause.

G.4 NFS 1852.245-76 LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT

TO FAR 52.245–1. (JAN 2011)

For performance of work under this contract, the Government will make available Government property identified below or in Attachment D of this contract on a no charge-for-use basis pursuant to the clause at FAR 52.245–1, Government Property, as incorporated in this contract.

The Contractor shall use this property in the performance of this contract at the Contractor’s

G-4 facilities and at other location(s) as may be approved by the Contracting Officer. Under FAR

52.245–1, the Contractor is accountable for the identified property.

G.5 NFS 1852.245-82 OCCUPANCY MANAGEMENT REQUIREMENTS. (SEP 2017)

(a) In addition to the requirements of the clause at FAR 52.245-1, Government Property, as included in this contract, the Contractor shall comply with the following in performance of work in and around Government real property:

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

(2) NPD 8831.2, Facilities Maintenance and Operations Management.

(b) The Contractor shall obtain the written approval of the Contracting Officer before installing or removing Contractor-owned property onto or into any Government real property or when movement of Contractor-owned property may damage or destroy Government-owned property. The Contractor shall restore damaged property to its original condition at the

Contractor's expense.

(c) The Contractor shall not acquire, construct or install any fixed improvement or structural alterations in Government buildings or other real property without the advance, written approval of the Contracting Officer. Fixed improvement or structural alterations, as used herein, means any alteration or improvement in the nature of the building or other real property that, after completion, cannot be removed without substantial loss of value or damage to the premises. Title to such property shall vest in the Government.

(d) The Contractor shall report any real property or any portion thereof when it is no longer required for performance under the contract, as directed by the Contracting Officer.

G.6 GSFC 52.216-100 INDIVIDUALS AUTHORIZED TO ISSUE ORDERS. (MAR 2022)

The following personnel are authorized to issue orders under this contract. All designated personnel are employed by the NASA Goddard Space Flight Center unless otherwise indicated:

Contracting Officer, Code 173

G.7 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

C of Section J of this contract.

G-5

(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, Code 173

E-Mail: Jasmine.N.Jett@nasa.gov

Contracting Officer’s Representative, Code DA030

E-Mail: Justin.M.Mathurin@nasa.gov

Regional Finance Office Cost Team, Code 155.2

E-Mail: GSFC-rfocateam@lists.nasa.gov

Administrative Contracting Officer (if delegated)

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

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

G.8 GSFC 52.245-96 PROPERTY CLAUSE APPLICABILITY - ON-SITE AND OFF-

SITE. (APR 2016)

(a) Performance of this contract requires that Contractor personnel and any furnished and/or acquired Government property be located at both Government controlled and managed premises

(onsite) and at Contractor controlled and managed premises (offsite). The requirements for control and accountability of Government property differ depending upon the location of the property. The applicability of the clauses in this contract to on-site and to off-site locations is indicated below.

(b) Clauses, if included in the contract, are applicable to both onsite and offsite locations.

FAR clause 52.245-1, “Government Property”

FAR clause 52.245-9, “Use and Charges”

NASA FAR Supplement clause 1852.245-70, “Contractor Requests for Government-Provided

Property”

NASA FAR Supplement clause 1852.245-72, “Liability for Government Property Furnished for

Repair or Other Services”

NASA FAR Supplement clause 1852.245-73, “Financial Reporting of NASA Property in the

Custody of Contractors"

NASA FAR Supplement clause 1852.245-74, “Identification and Marking of Government

Equipment”

NASA FAR Supplement clause1852.245-75, “Property Management Changes”

NASA FAR Supplement clause 1852.245-78, “Physical Inventory of Capital Personal Property”

NASA FAR Supplement clause 1852.245-79, “Records and Disposition Reports for Government

Property with Potential Historic or Significant Real Value”

NASA FAR Supplement clause 1852.245-83, “Real Property Management Requirements”

GSFC clause 52.245-99, “Supplemental Financial Reporting of NASA Property in the Custody of Contractors”

(c) Clauses, if included in the contract, are applicable to offsite locations only.

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

G-6

NASA FAR Supplement clause 1852.245-76, “List of Government Property Furnished Pursuant to FAR 52.245-1”

(d) Clauses, if included in the contract, are applicable to onsite locations only.

FAR clause 52.245-2, “Government Property Installation Operation Services”

NASA FAR Supplement clause 1852.245-71, “Installation-Accountable Government Property"

NASA FAR Supplement clause 1852.245-77, “List of Government Property Furnished Pursuant to FAR 52.245-2”

NASA FAR Supplement clause 1852.245-82, “Occupancy Management Requirements”

GSFC clause 52.245-93, “Reports of Contractor Acquired Government Property”

G.9 GSFC 52.245-99 SUPPLEMENTAL FINANCIAL REPORTING OF NASA

PROPERTY IN THE CUSTODY OF CONTRACTORS (JUN 2019)

(a) In addition to the annual 1018 reporting required under clause NFS 1852.245-73 of this contract, the Contractor shall submit monthly property financial reports as described below if, at either award or any time during contract performance, the cumulative amount of NASA property is $10 million or more.

(1) Monthly property financial reports shall be submitted including item-level supporting data for all items acquired/fabricated/modified where the total acquisition cost of the item is $500,000 or more, in the contractor’s or its subcontractors’ possession. This data shall be submitted for all items in the property classifications of real property, equipment, special test equipment, special tooling, and agency peculiar property.

(2) Monthly data shall also be submitted for items of any acquisition cost in the classifications of materials and contract work-in-process (WIP). Specifically, itemized monthly data is required for materials and WIP line items when the estimated total acquisition cost of any item at completion will be $500,000 or more.

(b) The monthly reports shall be electronically submitted using the Contractor-Held Asset

Tracking System (CHATS) at https://chats.nasa.gov using the format described in the CHATS user’s manual.

(c) Acquisition costs shall be developed using actual costs to the greatest extent possible, especially costs directly related to fabrication such as labor and materials. Supporting documentation shall be maintained and available for all amounts reported, including any amounts developed using estimating techniques.

(d) All adjustments shall be thoroughly explained and directly related to a specific Government

Fiscal Year (GFY). If the GFY cannot be determined, the default shall be the previous GFY.

(e) Work Breakdown Structures (WBS) shall be provided for all Contractor acquired property

(CAP), WIP, and any new materials acquired. The format shall be a five digit numerical level.

(i.e., 803-10). If the WBS is not identifiable, contact the NASA GSFC Property Office for further guidance, as provided in paragraph (f)(4) below.

(f)(1) The data required for the monthly submission is due the 21st day after the close of the month.

e.g., August 21 for the month ending July 31

September 21 for the month ending August 31 https://chats.nasa.gov/

G-7

October 21 for the month ending September 30

(2) The monthly property financial reports required by this clause are separate from, and in addition to the annual NF 1018 reports.

(3) Both the NF 1018 report data and the September monthly report data are as of September 30.

Corrections in monthly report data shall be handled as adjustments in the next monthly report after discovery of the error. (e.g., Errors in the September monthly report shall be reported as adjustments in the October monthly report. The NF 1018 shall reflect the corrected numbers and the contractor shall provide a note regarding the corrected monthly report error under Comments in the NF 1018.) Errors in the NF1018 found after the November 30 submission shall be reported as adjustments in the NF 1018 for the next reporting year, unless immediate correction and resubmission are directed by NASA.

(4) Questions may be directed to the following individuals of the NASA GSFC Property Office:

Angela King, (301) 286-3543, email angela.c.king@nasa.gov

Timothy Kelly (301) 286-8819, email: timothy.e.kelly@nasa.gov

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1

H.1 CLAUSES INCORPORATED BY REFERENCE

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

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

ALTERNATE I (FEB 2006)

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

H.2 NFS 1852.209-71 LIMITATION OF FUTURE CONTRACTING. (DEC 1988)

(a) The Contracting Officer has determined that this acquisition may give rise to a potential organizational conflict of interest. Accordingly, the attention of prospective offerors is invited to

FAR Subpart 9.5 - Organizational Conflicts of Interest.

(b) The nature of this conflict is that there are potential situations where the services provided may result in significant organizational conflicts of interest (OCI) as outlined below.

Additionally, the specific nature of any potential or actual conflict that may arise during the execution of a task order will be identified and addressed within each task order, as appropriate.

(1) The Contractor may assist in preparing specifications or work statements, which could create a biased ground rules OCI, where the Contractor’s input may unduly influence future competition.

(2) The Contractor may gain access to another company’s proprietary, confidential business, or financial data, as well as non-public Government sensitive information, which may result in an unequal access OCI, providing an unfair competitive advantage.

(3) The Contractor may be tasked with performing technical reviews or providing engineering consultation on its own proposals/quotations, products, or services (or those of its affiliates or competitors) under a separate contract, potentially leading to an impaired objectivity

OCI, where the Contractor’s ability to provide impartial advice could be compromised.

(c) The restrictions upon future contracting are as follows:

(1) If the Contractor, under the terms of this contract, or through the performance of tasks pursuant to this contract, is required to develop specifications or statements or work that are to be incorporated into a solicitation, the Contractor shall be ineligible to perform the work described in that solicitation as a prime of first-tier subcontractor under an ensuing NASA contract. This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Officer and the Contractor, sufficient to avoid unfair competitive advantage or potential bias (this time shall in no case be less than the duration of the initial production contract). NASA shall not unilaterally require the Contractor to prepare such specifications or statements of work under this contract.

(2) To the extent that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and as long as these data remain proprietary or confidential, the Contractor shall protect these data from unauthorized use and disclosure and agrees not to use them to complete with those other companies.

H-2

H.3 NFS 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 120-130, and the Export

Administration Regulations (EAR), 15 CFR parts 730-799, 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 HQ and other NASA centers, where the foreign person will have access to export-controlled technical data or software.

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

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

H.4 GSFC 52.223-92 GOVERNMENT PROPERTY - COMPLIANCE WITH SAFETY

STANDARDS. (FEB 2016)

This contract involves the use of Government-furnished property or installation provided property. If any of the property does not conform to applicable Federal, state, or local safety standards, the Contractor shall promptly notify the Contracting Officer in writing with a copy to the NASA Headquarters Safety and Occupational Health, Dept. HQ:LM032

H.5 GSFC 52.227-93 APPLICABILITY OF RIGHTS IN DATA – SPECIAL WORKS.

(MAR 2008)

The "Rights in Data - Special Works" clause of this contract applies to the following aspects (or items): Any data requested by the Government for any legitimate government use.

H.6 RECORDS RETENTION

The contractor will retain, in accordance with NASA Records Retention Schedules, NPR 1441.1, the following peer review records for each proposal that is selected for award:

Documents containing information on: the name of the reviewer, title of reviewer, reviewer’s contact information, reviewer’s Non-Disclosure Agreement and conflict of interest information, in order to document that the peer review panel was qualified and independent; Documents containing information on each reviewer’s rating/evaluation of the proposal’s technical merit and

H-3 potential to succeed; and The final, overall rating/evaluation supporting the selection, including a statement that justifies the rating. If the contractor is tasked to prepare award packages of selected proposals the documentation enumerated above will be included in the award package that is forwarded to the Grant Officer. If the peer review was performed pursuant to a NASA

Research Announcement, Announcement of Opportunity, other Broad Agency Announcement, or

Cooperative Agreement Notice, the award package will also clearly confirm that fact, and will include the reference number for the particular solicitation document (for example, the NRA number).

(End of Text)

SECTION I - CONTRACT CLAUSES

I-1

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) clauses: https://www.acquisition.gov/browse/index/far

NASA FAR Supplement (NFS) clauses: https://www.acquisition.gov/nfs

I.2 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR

Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any FAR or NFS (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

I.3 CLAUSES INCORPORATED BY REFERENCE

FAR 52.202-1 DEFINITIONS. (JUN 2020)

FAR 52.203-3 GRATUITIES. (APR 1984)

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

FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT. (JUN 2020) ALTERNATE I (NOV 2021)

FAR 52.203-7 ANTI-KICKBACK PROCEDURES. (JUN 2020)

FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY. (MAY 2014)

FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY. (MAY 2014)

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS. (JUN 2020)

FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT.

(NOV 2021)

FAR 52.203-14 DISPLAY OF HOTLINE POSTER(S). (NOV 2021)

Paragraph (b)(3) insert: Inspector General Hotline Posters may be obtained from https://oig.nasa.gov/hotline.html.

FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS. (JAN 2017)

FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL. (JAN 2011)

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/nfs https://oig.nasa.gov/hotline.html

I-2

FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS. (JUN 2020)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT

2018)

FAR 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR

INDEFINITE-DELIVERY CONTRACTS. (OCT 2016)

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE. (AUG 2020)

FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS. (DEC 2014)

FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY

LAB COVERED ENTITIES. (DEC 2023)

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT. (NOV 2021)

FAR 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION. (JUN

2023)

FAR 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT. (NOV 2021)

FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS. (OCT 2018)

FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS. (NOV 2015)

FAR 52.210-1 MARKET RESEARCH. (NOV 2021)

FAR 52.215-2 AUDIT AND RECORDS - NEGOTIATION. (JUN 2020)

FAR 52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT. (OCT

1997)

FAR 52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR

PRICING DATA - MODIFICATIONS. (JUN 2020)

FAR 52.215-14 INTEGRITY OF UNIT PRICES. (NOV 2020)

FAR 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR

POSTRETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS.

(JUL 2005)

FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES. (OCT 1997)

FAR 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND

DATA OTHER THAN CERTIFIED COST OR PRICING DATA -

MODIFICATIONS. (NOV 2021)

FAR 52.216-7 ALLOWABLE COST AND PAYMENT. (AUG 2018)

FAR 52.216-8 FIXED FEE. (JUN 2011)

FAR 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

Insert: 30 days

FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (FEB 2024)

I-3

FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION. (FEB 2024) ALTERNATE I (MAR 2020).

Paragraph (h)(1) insert: The contractor represents its small business size status for each one of the NAICS codes assigned to this contract

NAICS Code Small Business Concern

(Yes/No)

541611

FAR 52.222-2 PAYMENT FOR OVERTIME PREMIUMS. (JUL 1990)

Paragraph (a) insert: $0

FAR 52.222-3 CONVICT LABOR. (JUN 2003)

FAR 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS -

OVERTIME COMPENSATION. (MAY 2018)

FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES. (APR 2015)

FAR 52.222-26 EQUAL OPPORTUNITY. (SEP 2016)

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

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

2020)

FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS. (JUN 2020)

FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT. (DEC 2010)

FAR 52.222-41 SERVICE CONTRACT LABOR STANDARDS. (AUG 2018)

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS. (NOV 2021)

FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (MAY 2022)

FAR 52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER

EXECUTIVE ORDER 14026. (JAN 2022)

FAR 52.222-56 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706. (JAN 2022)

FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION. (MAY 2024)

FAR 52.223-23 SUSTAINABLE PRODUCTS AND SERVICES. (MAY 2024)

FAR 52.224-1 PRIVACY ACT NOTIFICATION. (APR 1984)

FAR 52.224-2 PRIVACY ACT. (APR 1984)

FAR 52.224-3 PRIVACY TRAINING. (JAN 2017)

FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (FEB 2021)

FAR 52.226-7 DRUG-FREE WORKPLACE. (MAY 2024)

FAR 52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING. (MAY 2024)

FAR 52.227-1 AUTHORIZATION AND CONSENT. (JUN 2020)

FAR 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT. (JUN 2020)

FAR 52.227-17 RIGHTS IN DATA - SPECIAL WORKS. (DEC 2007)

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

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

FAR 52.232-17 INTEREST. (MAY 2014)

FAR 52.232-22 LIMITATION OF FUNDS. (APR 1984)

FAR 52.232-23 ASSIGNMENT OF CLAIMS. (MAY 2014)

I-4

FAR 52.232-25 PROMPT PAYMENT. (JAN 2017) ALTERNATE I (FEB 2002)

FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR

AWARD MANAGEMENT. (OCT 2018)

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN

2013)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS. (MAR 2023)

FAR 52.233-1 DISPUTES. (MAY 2014) ALTERNATE I (DEC 1991)

FAR 52.233-3 PROTEST AFTER AWARD. (AUG 1996) ALTERNATE I (JUN 1985)

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

2004)

FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION. (APR 1984)

FAR 52.237-3 CONTINUITY OF SERVICES. (JAN 1991)

FAR 52.239-1 PRIVACY OR SECURITY SAFEGUARDS. (AUG 1996)

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

FAR 52.242-3 PENALTIES FOR UNALLOWABLE COSTS. (DEC 2022)

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

FAR 52.242-13 BANKRUPTCY. (JUL 1995)

FAR 52.243-2 CHANGES-COST-REIMBURSEMENT. (AUG 1987) ALTERNATE I

(APR 1984)

FAR 52.244-2 SUBCONTRACTS. (JUN 2020)

Paragraph (d) insert: Professional and consultant costs as defined in FAR

31.205-33

Paragraph (j) insert: TBD

FAR 52.244-5 COMPETITION IN SUBCONTRACTING. (AUG 2024)

FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES. (FEB 2024)

FAR 52.245-1 GOVERNMENT PROPERTY. (SEP 2021)

FAR 52.245-9 USE AND CHARGES. (APR 2012)

FAR 52.246-25 LIMITATION OF LIABILITY - SERVICES. (FEB 1997)

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

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

FAR 52.249-14 EXCUSABLE DELAYS. (APR 1984)

FAR 52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

NFS 1852.203-70 DISPLAY OF INSPECTOR GENERAL HOTLINE POSTERS. (JUN

2001)

NFS 1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS. (JUL 2023)

NFS 1852.215-84 OMBUDSMAN. (NOV 2023)

NFS 1852.216-89 ASSIGNMENT AND RELEASE FORMS. (AUG 2016)

NFS 1852.223-74 DRUG- AND ALCOHOL-FREE WORKFORCE. (OCT 2023)

NFS 1852.227-11 PATENT RIGHTS—OWNERSHIP BY THE CONTRACTOR (APR

2015).

NFS 1852.227-14 RIGHTS IN DATA—GENERAL (APR 2015).

I-5

NFS 1852.228-75 MINIMUM INSURANCE COVERAGE. (OCT 1988)

NFS 1852.237-70 EMERGENCY EVACUATION PROCEDURES. (DEC 1988)

4NFS 1852.237-72 ACCESS TO SENSITIVE INFORMATION. (JUN 2005)

NFS 1852.237-73 RELEASE OF SENSITIVE INFORMATION. (JUN 2005)

NFS 1852.242-78 EMERGENCY MEDICAL SERVICES AND EVACUATION. (APR

2001)

I.4 FAR 52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of $10,000,000.00;

(2) Any order for a combination of items in excess of $10,000,000.00; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.5 FAR 52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum.

(c) Except for any limitations on quantities in the Order Limitations clause or in the

Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple…