80JSC020R0014xEMUBoots r1.pdf
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- Exploration Extravehicular Mobility Unit (xEMU) Boots Assembly Development Prototype Federal contract opportunity
- Solicitation number
- 80JSC020R0014
About this file
This solicitation requests quotes for the design and delivery of Exploration Extravehicular Mobility Unit (xEMU) Boot Assembly Prototypes. Quotes are due by December 18, 2019 to be considered for award. The National Aeronautics and Space Administration Johnson Space Center seeks a qualified contractor to provide two pairs of xEMU Boot Assembly Prototypes within 7 months of award. The prototypes must meet architectural, functional, interface, structural, environmental, and design requirements specified in the statement of work. The base order value is fixed price, while follow-on indefinite delivery orders would be issued as fixed price task orders.
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| AMEND180JSC20R0014_signed.pdf |
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SOLICITATIONICONTRACTIOROER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF PAGES
OFFEROR TO COMPLETE BLOCKS 12, 17,23,24, & 30 1 77
2. CONTRACT NO. 3. AWARD/EFF. DATE 14. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION
ISSUE DATE
80JSC020ROO 14 12/5/2019
7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE/
INFORMATION CALL:
xEMU Boots Assembly Development
LOCAL TIME
12/18/2019
Prototype 4:30 P.M.
9. ISSUED BY CODE 10. THIS ACQUISITION IS� UNRESTRICTED OR □SET ASIDE: % FOR:
□ SMALL BUSINESS □ WOMAN-OWNED SMALL BUSINESS
□ HUBZONE SMALL WOSB ELIGIBLE UNDER THE WOMEN-OWNED
NASA Johnson Space Center SMALL BUSINESS PROGRAM NAICS: BUSINESS 2101 NASA Parkway □ SERVICE-DISABLED □ EDWOSB 315990 Houston, TX VETERAN-OWNED SIZE STANDARD:
77058-3696 SMALL BUSINESS □ 8(A) 500
11. DELIVERY FOR FOB 12. DISCOUNT TERMS
o
na. TH IS CONTRACT IS A 13b. RATING
DESTINATION UNLESS RATED ORDER UNDER
BLOCK IS MARKED Net 30 days DPAS (15 CFR 700) 14. METHOD OF SOLICITATION
� SEE SCHEDULE □ RFQ □ IFB □ RFP
1 S. DELIVER TO CODE I 16. ADMINISTERED BY CODE
Zachary Fester NASA Johnson Space Lyndon B. Johnson Space Center Center 2101 NASA Parkway Transportation Officer Bldg. 421 2101 NASA Houston TX 77058-3696 Parkway Houston TX 77058-3696
17a. CONTRACTOR/ CODE I I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE
OFFEROR CODE
https://www.nssc.nasa.gov/vendorpayment
NSSC-AccountsPayable@nasa.gov
TELEPHONE NO.
□17b. CHKK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS 18b. SUBMIT INVOICES TO ADDRESS SHOWr-t BLOCK 18a UNLESS
IN OFFER BLOCK BELOW IS CHECKED. SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
See Continuation Sheet If Applicable
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt Use Only)
See Continuation Sheet If Applicable $6,950,000.00
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212·1, 52.212-4. FAR 52.212·3 AND 52.212·5 ARE ATTACHED.
ADDENDA [K1 ARE □ ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212·5 IS ATTACHED
I[]
ADDENDA □ ARE □ ARE NOT ATTACHED.
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND
RETURN 1 COPIES TO ISSUING OFFICE. CONTRACTOR
AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR
OTHERWISE IDENTIFIED ABOVE AND ON Atff ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONOITIONS SPECIFIED HEREIN.
30A. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME ANO TITLE OF SIGNER (TYPE OR PRINT} 30c. DATE
SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
□ 29. AWARD OF CONTRACT: REF. OFFER DATED
YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING
ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO
ITEMS:
31a. UNITED STATES OF AMERICA (SlGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER
LAMAR MUELLER
(TYPE OR PRINT} 31c. DATE SIGNED
STANDARD FORM 1449 (REV. 212012)
Prescribed by GSA - FAR (48 CFR) 53.212
(A)
ITEM NO
(F)
AMOUNT
(B)
SUPPLIES/SERVICES
(C)
QUANTITY
(D)
UNIT
(E)
UNIT PRICE
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED Page
NAME OF OFFEROR OR CONTRACTOR
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110 of
80JSC020R0014
In the Base Purchase Order, the Contractor will provide the design and delivery of Exploration Extravehicular Mobility Unit (xEMU) Boot Assembly Prototype. Selected vendors will design and manufacture the boot softgoods assemblies, where one assembly includes both the left and right boot.
The prototype xEMU Boot Assemblies shall be designed and fabricated to meet the architectural, functional, interface, structural, environmental, and design &construction requirements listed in the requirements document.
In Option 1 IDIQ, the Government will down-select to a single contract resulting in Option 1. The selected awardee must have the ability to make their prototype flight compatible.
Exploration Extra-Vehicular Mobility Unit (xEMU) Boot Assembly Development
Purchase Order: Prototype xEMU Boot Assembly
Statement of Work
1. Overview:
The Crew and Thermal Systems Division’s Space Suit and Crew Survival Systems Branch of NASA Johnson Space Center (JSC) is requesting the design and delivery of Exploration Extravehicular Mobility Unit (xEMU) Boot Assembly prototypes. An iteration of the initial prototypes may ultimately support Design Verification Testing (DVT), Qualification, and Certification of the xEMU Boot Assembly for flight and extravehicular activity (EVA) at the Lunar South Pole.
Selected vendors will design and manufacture the boot softgoods assemblies. The following hardgoods will be provided to the selected vendors as government furnished equipment (GFE):
Boot Bearing, Fabric Adapter Ring (FAR), and Axial Restraint Line Brackets. These components will be necessary to perform testing and requirements verification.
1.1 Objective
The driving objective of the Purchase Order is to design and fabricate two pairs of an initial boot prototype, hereby referred to as a Prototype xEMU Boot Assembly. The Prototype xEMU Boot Assemblies shall be designed and fabricated to meet the architectural, functional, interface, structural, environmental, and design & construction requirements listed in the requirements document.
2. Scope of Work:
Manufacturing & delivery of two Prototype xEMU Boot Assembly pairs for evaluation at NASA
JSC.
3. Requirements:
The following definitions differentiate between requirements and other statements.
Shall: This is the only verb used for the binding requirements, which must be implemented and verified.
Should/May: These verbs are used for stating goals, which must be addressed by the design, but not formally verified.
Will: This verb is used for stating facts or declaration of purpose.
Rationale is provided for most of the requirements. It is important to note that rationale is not binding and is only used to provide additional information or examples in order to the clarify intent of the requirement. In the event of an inconsistency between the requirement and the rationale, the requirement is binding and takes precedence.
3.1 Architectural Requirements
3.1.1 A pair of Prototype xEMU Assemblies shall have a combined weight of no more than
5.25 lbs without the xEMU environmental protection garment (EPG), boot bearings, boot fabric adapter rings (FAR), or axial restraint brackets.
Rational: This mass allocation is based on previous prototype development. EPG mass is not included because it is a component being developed in-house at NASA JSC. Boot bearings, FARs, and axial restraint brackets will be GFE supplied by NASA JSC.
Verification: Vendor will record the combined weight of the left or right foot softgoods assemblies.
3.1.2 The Prototype xEMU Boot Assembly shall have a height of 7” as measured from the top of the insole heel to the boot FAR.
Rationale: This dimension is based on previous boot prototypes and places the boot – leg interface at an ideal height.
Verification: Vendor completes inspection.
3.1.3 The Prototype xEMU Boot Assembly shall include an ankle flexion / extension joint.
Rationale: Ankle flexion and extension is a critical movement pattern for enabling surface exploration in the xEMU.
Verification: Design Review with NASA.
3.1.4 The Prototype xEMU Boot Assembly shall not include an ankle abduction / adduction joint.
Rationale: Ankle abduction/adduction potentially places high loads on the boot axial restraint lines and has been shown to not significantly increase the ability to complete surface operation tasks.
Verification: Design Review with NASA.
3.1.5 The Prototype xEMU Boot Assembly shall not use the following features or mechanisms:
a. Velcro
b. Zippers
c. Cables/Pulleys
d. Snap buttons
Rationale: Previous testing and Apollo mission experience has shown that these mechanisms are prone to degradation over the course of service life and particularly at risk for Lunar dust.
Verification: Design Review with NASA.
3.2 Interface Requirements
3.2.1 The Prototype xEMU Boot Assembly softgoods shall interface to the GFE boot bearing assembly via the GFE boot FAR (P/N 26813).
Rational: The boot/ankle bearing will be the primary hardgood interface between the Prototype xEMU Boot Assembly and the xEMU lower torso assembly (LTA).
Verification: Design Review with NASA.
3.3 Functional Requirements
3.3.1 The Prototype xEMU Boot Assembly size shall be sized to the following foot measurements as defined in the 1988 Anthropometric Survey of U.S. Army Personnel
(NATICK/TR-89/027):
a. Foot Breadth, Horizontal = 4 inches
b. Foot Length = 11 inches
Rationale: A single size boot will be utilized for prototype testing.
Verification: Design Review with NASA & NASA Integrated Suit Test.
3.3.2 The Prototype xEMU Boot Assembly system shall have features to aid in indexing crewmembers for ground and flight operations.
Rationale: In previous suit architectures, this has typically manifested as a padding scheme that allows for a secure fit for the wearer within the suit system. This ensures proper indexing of the body even when performing tasks in various orientations in different environments. Proper indexing of the wearer in the boot ensures the user has the maximum possible range of motion.
The following design solutions are suggested: 1) Padding 2) Buckle Straps
Verification: Design Review with NASA & NASA Integrated Suit Test.
3.3.3 The Prototype xEMU Boot Assembly shall utilize the indexing features to securely fit multiple foot sizes.
Rationale: While only a single size boot will be utilized for initial prototype testing, the prototype will be evaluated on its ability to accommodate a wide range of individual foot sizes.
Verification: Design Review with NASA & NASA Integrated Suit Test.
3.3.4 The Prototype xEMU Boot Assembly shall provide reasonable comfort for user task performance.
Rationale: The assumed Lunar Surface EVA time is 8 hour.
Verification: Design Review with NASA & NASA Integrated Suit Test.
3.3.5 The Prototype xEMU Boot Assembly shall have ankle flexion & extension ranges of motion no less than 40 degrees from neutral at 8.2 (+/- 0.2) pounds per square inch differential (psid).
Rationale: Adequate flexibility is required to perform functional tasks and movements like walking, kneeling, squatting, and lunging during surface operations.
Verification: Vendor completes and documents a functional test of the boot assembly.
3.3.6 The Prototype xEMU Boot Assembly shall be donnable and doffable hands-free by a single person when the Prototype xEMU Boot Assembly is integrated with a fixed GFE boot bearing and FAR.
Verification: Vendor completes and documents a functional test of the boot assembly.
3.3.7 The Prototype xEMU Boot Assembly shall have a nominal operating pressure of 8.2 (+/- 0.2) psid air over standard pressure.
Rationale: Exploration vehicle cabin atmospheres may be set to a lower pressure and higher percentage of oxygen. This would allow an EVA to begin at an elevated pressure after no dedicated pre-breathe time depending on the vehicle atmosphere. This pressure would also be used for decompression sickness (DCS) treatment.
Verification: Design Review with NASA.
3.3.8 The Prototype xEMU Boot Assembly should accommodate Exploration Liquid Cooling and Ventilation Garment (xLCVG) vent duct passages of 5/8 inch x 1 inch.
Rationale: Vendors will interface with the xLCVG point of contacts at NASA to discuss and implement a combined strategy for vent return pick up from the foot.
Verification: Design Review with NASA.
3.3.9 The Prototype xEMU Boot Assembly shall not leak more than 25 standard cubic centimeters per minute (SCCM) of air at 8.2 (+/- 0.2) psid.
Rationale: This requirement is intended to hold the Prototype xEMU Boot Assembly design to tight enough tolerances to verify good manufacturing quality and tolerances. The requirement is in line with what would be required for flight.
Verification: Vendor completes and documents a functional test of the boot assembly.
3.3.10 The Prototype xEMU Boot Assembly should minimize joint torque through the full range of ankle flexion/extension at 8.2 (+/- 0.2) psid.
Rationale: Excessive joint torques can decrease the ability to perform exploration tasks at an acceptable level of effort and comfort.
Verification: Vendor completes and documents a functional test of the boot assembly.
3.3.11 The Prototype xEMU Boot Assembly shall prevent the cascade of failures from non-critical components and systems to critical components and systems.
Verification: Design Review with NASA.
3.3.12 The Prototype xEMU Boot Assembly shall provide marking or identification that each safety-critical locking mechanism is fully engaged.
Rationale: This is intended to apply to safety-critical locks such as components that ensure a pressure seal. Examples of visual marking include alignment markings or color changes.
Additionally, while the intent is for pre-EVA it is beneficial to have at all times when the suit is used.
Verification: Design Review with NASA.
3.4 Structural Requirements
3.4.1 The metallic, non-metallic and soft good components of the Prototype xEMU Boot Assembly shall maintain a minimum factor of safety of 1.5 ultimate for uniform areas and 2.0 ultimate for discontinuity areas as defined in Appendix B in JSC 65828, Structural Design Requirements and Factors of Safety for Spaceflight Hardware.
Rationale: Space suits must meet minimal structural design criteria in order to ensure safe operation and mission success.
Verification: Vendor will perform and document a structural analysis.
3.4.2 The Prototype xEMU Boot Assembly shall have positive margins of safety when each Axial Restraint Line is exposed to a limit load of 692 lbs when pressurized at 8.2 (+/- 0.2) psid.
Rationale: Axial restraint features bear the primary axial loading on pressure garments due to suit pressure and internal isometric man loading or externally induced axial loading events, minimizing the axial stresses on the pressure garment materials and protecting the occupant.
Verification: Vendor will perform and document a structural analysis.
3.4.3 The Prototype xEMU Boot Assembly shall have a maximum design pressure of 10.6 psid.
Verification: Vendor completes and documents a functional test of the boot assembly.
3.4.4 The Prototype xEMU Boot Assembly shall have a proof pressure of 15.9 psid.
Verification: Vendor completes and documents a functional test of the boot assembly.
3.4.5 The Prototype xEMU Boot Assembly shall have a structural pressure of 13.2 psid.
Verification: Vendor completes and documents a functional test of the boot assembly.
3.4.6 The Prototype xEMU Boot Assembly shall have an ultimate pressure of 21.2 psid.
Verification: Vendor completes and documents a structural analysis.
3.4.7 The Prototype xEMU Boot Assembly shall be acceptable for nominal EVA operations after exposure to a negative pressure differential of 0.8 psid.
Verification: Vendor completes and documents a structural analysis.
3.5 Environment Requirements
3.5.1 The Prototype xEMU Boot Assembly shall meet all requirements after 8 continuous hours of boot sole contact with the Lunar surface at temperatures between 61 – 224 Kelvin.
Rationale: Future Lunar surface missions are targeting the Lunar South Pole as a landing site with multiple planned EVAs.
Verification: Vendor completes and documents a basic thermal analysis using Lunar thermal environment data provided by NASA and the simple conduction path between the Lunar surface and a constant foot temperature. The intent of this analysis is to verify selected materials maintain their function at thermal extremes of 61 – 224 Kelvin. Boot sole material(s) will be documented in the Materials Usage and Materials Specifications spreadsheets.
3.5.2 The Prototype xEMU Boot Assembly shall prevent any surface which contacts the bare skin of a crewmember to cause the epidermis/dermis interface temperature to exceed the pain threshold limits of 50 ºF (10ºC) and 111.2 ºF (44 ºC) during surface operations in thermal environments between 61 – 224 Kelvin.
Rationale: The boot should provide an adequate internal thermal environment for the foot when performing surface operations at the Lunar south pole.
Verification: Vendor will coordinate with and provide design and material data to NASA who will complete an independent thermal analysis. Analyses completed by NASA may subsequently impact design and/or selection of materials for the flight design, but not the prototypes delivered. The vendor will communicate a plan to meet this requirement with new design or materials as part of the Prototype xEMU Boot Assembly Requirement Report.
3.5.3 The Prototype xEMU Boot Assembly shall avoid using dissimilar metals when possible, and design hardware in accordance with MIL-STD-889 when necessary.
Rationale: If dissimilar metals are required, the use of MIL-STD-889 will be referenced for guidance in designing the assembly. Where dissimilar metals are used: 1) avoid the unfavorable effects of a small anode and a large cathode, 2) insulate between significantly dissimilar metals wherever practical; and 3) avoid threaded connections of dissimilar metals.
Verification: Design Review with NASA. Materials will be documented in the Materials Usage and Materials Specifications spreadsheets.
3.6 Design & Construction Requirements
3.6.1 The Prototype xEMU Boot Assembly shall not incorporate any frangible materials.
Verification: Design Review with NASA. Materials will be documented in the Materials Usage and Materials Specifications spreadsheets.
3.6.2 The Prototype xEMU Boot Assembly shall include Identification and Part Markings.
Verification: Design Review with NASA.
3.6.3 All Prototype xEMU Boot Assembly threaded fasteners used during maintenance procedures shall contain replaceable helical coils.
Rationale: Multiple cycling of fasteners used during routine maintenance will lead to thread wear. Using replaceable helical coils allows these threads to be replaced instead of the entire component being replace.
Verification: Design Review with NASA.
3.6.4 All Prototype xEMU Boot Assembly primary and secondary axial restraint lines shall be loaded to a minimum of 1.0 times the limit load during the manufacturing process.
Rationale: Axial restraint lines are critical elements of the pressure garment that bear the majority of the plug and man-loading for the softgoods elements. Testing the axial restraints to their limit loading helps to mitigate the most-likely cause of loss of pressure garment structural integrity.
3.6.5 All Prototype xEMU Boot Assembly heat seal operations shall include startup and shutdown samples to ensure the quality of the heat seals.
Rationale: Radio-frequency welding and other types of heat sealing require tuning for specific machines and materials compositions and thicknesses. Completing startup and shutdown samples and inspecting for quality of these samples helps ensure the quality of the heat-sealed product.
3.6.6 The Prototype xEMU Boot Assembly shall be comprised of materials compatible with, and meet all requirements, while exposed to an oxygen environment of up to 36% by volume at 8.2 psid.
Rationale: The xEMU Boot Assembly will be subjected to elevated oxygen concentration levels during exploration operations. This necessitates the use of materials with low flammability and offgassing.
Verification: Materials testing conducted by NASA. Vendor shall provide material samples to NASA. Materials will also be documented in the Materials Usage and Materials Specifications spreadsheets.
3.7 Quality Requirements
3.7.1 Certificate of Compliance (C of C)
• Supplier shall provide a certification with each shipment to attest that the parts, assemblies, subassemblies, or detail parts conform to the Order requirements. When applicable, the true manufacturers, lot, heat, batch, date code, and/or serial number must appear on the certification. Certification must contain the following:
o Customer’s Order number o Product name o Part and Serial number o Name and address of manufacturing or processing location o Manufacturer’s lot, heat, batch, date code, and/or serial number (if applicable) o Quantity and unit of measurement (each, box, case, gallons, etc.)
o Be signed and dated by an official of the company
3.7.2 Test Reports
• Supplier shall submit a test report with the shipment that certifies test requirements were in accordance with drawings and/or specifications.
• Dimensional Inspection or Assembly Inspection Reports o Supplier shall provide objective evidence of dimensional or assembly inspections with each shipment that indicate articles on this order are in conformance with drawing or other specifications. Records shall indicate part number, serial number, inspection tools and actual dimensional readings taken during inspections and allowable tolerances. Where key characteristics are designated by NASA (indicated by “MIP” on drawing), the supplier shall indicate the key characteristic verification on the inspection report.
• Quality Requirements for lower tier suppliers o Supplier shall ensure that applicable requirements of this order are applied to any lower tier supplier.
4. Purchase Order Deliverables:
4.1 Suit Hardware Deliverables:
Prototype xEMU Boot Assemblies
• 2 pairs of prototype boot assemblies, NASA Class-III hardware.
Material Samples
• Material samples of all materials used
4.2 Data Deliverables:
Prototype xEMU Boot Assembly Design Review Delivery Presentation
• Presentation Format in PowerPoint (.pptx)
Prototype xEMU Boot Assembly Requirement Report
• Report Format in Word (.docx) Documenting how the vendor has met each requirement either through design, analysis, material selection, hardware demonstration/inspection, and/or testing as specified in the requirements list.
Prototype xEMU Boot Assembly Maintenance Manual
• Report Format in Word (.docx) documenting step by step the instructions for assembly, installation, and maintenance of the Prototype Boot Assembly.
Softgoods Materials Usage and Identification List (including Manufacturer’s part numbers) listing all materials used for fabrication.
Softgoods Patterns, Materials Specifications, and Assembly Drawings which are defined as component and assembly level drawings for all materials. This includes any drawings, documentation and files necessary to redesign, modify, manufacture and/or test and verify the delivered hardware.
Manufacturing plan & manufacturing work instructions. This includes all of the information to fabricate the boot softgoods, such as patterns, instructions for materials layers, sewing instructions, etc.
Monthly status reporting update that will include a brief report on the latest activities and upcoming tasks. There will also be a brief telecom with NASA to review the report and address any questions from the report.
4.3 Design Modifications Status Review:
Prior to manufacturing, a design review will be held via teleconference to review the Prototype xEMU Boot Assembly design and communicate how the design meets the requirements. The deliverable from the design review will be a presentation that documents the design and rationale for meeting the requirements.
5. Period of Performance / Schedule:
The hardware deliverables identified in Section 3 shall be delivered 7 months from date of award, and all the data products identified in Section 3 shall be delivered 7 months from date of award.
6. Travel:
One trip at a minimum to Johnson Space Center for delivery of the hardware, and to teach the Advanced Suit Lab (ASL) technicians the assembly and maintenance procedures for the boot assembly hardware.
7. Other Considerations:
None.
OPTION 1 INDEFEITE DELIVERY/ INDEFINITE QUANTITY SCOPE
If exercised, the statement of work the Crew and Thermal System’s Division’s Space Suit and Crew Survival Systems Branch of NASA Johnson Space Center (JSC) is expecting delivery of Exploration Extravehicular Mobility Unit (xEMU) Boot Assemblies. The delivery of the Boot Assemblies will support Design Verification Testing (DVT), Qualification, and Certification of the xEMU Boot Assembly for flight and extravehicular activity (EVA) at the Lunar South Pole.
The scope of the IDIQ option will be to support xEMU boot development all the way through the final delivery of flight certified xEMU suits. Boot deliverables will be with the requirements of the base purchase order. The scope of this additional work will address the quantities, timeframe, and any additional imposed specifications to support xEMU through the flight certification process.
80JSC020R014
TERMS AND CONDITIONS
APPLICABLE COMMERCIAL CLAUSES
This order is for a commercial item subject to the terms and conditions of FAR 52.212-4, Contract Terms and Conditions – Commercial Items (JAN 2017), incorporated by reference;
FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive Orders, Commercial Items (AUG 2019) attached to this order; and any additional terms and conditions checked below or included as a Center specific requirements as addenda to 52.212-4.
52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT
2018)
ADDENDUM 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
ITEMS (OCT 2018)
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):
www.ecfr.gov https://www.acquisition.gov/ https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf
(End of clause)
CONTRACT TYPE
The contract type for the base order is a Firm-Fixed Price. The contract type for Option 1 is Indefinite Delivery/ Indefinite Quantity, comprised of Firm-Fixed Price task/delivery orders.
OPTION 1 – INDEFINITE DELIVERY/ INDEFINITE QUANTITY
The Government may choose to transition this base purchase order to an indefinite delivery/ indefinite quantity (IDIQ) contract type with task/delivery orders. The Contracting Officer may exercise this option by issuance of a unilateral contract modification; provided that the Government, in its sole discretion determines to be in its best interest and it provides the Contractor a preliminary notice no later than 12 months after Government acceptance of the requirements described in the statement of work. Should the option be exercised, the task/delivery orders shall be in accordance with the statement of work.
I. Federal Acquisition Regulation (By Reference)
52.204-7 SYSTEM FOR AWARD MANAGEMENT. (OCT 2018)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL
(JAN 2011)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL
2016)
52.204-17 OWNERSHIP OF CONTROL OF OFFEROR (JUL 2016)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
(JUL 2016)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS (DEC 2014)
52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITIONS (JAN
2017)
52.227-11 PATENT RIGHTS_OWNERSHIP BY CONTRACTOR (MAY 2014) AS
MODIFIED BY NFS 1852.227-11 (APR 2015)
52.227-16 ADDITIONAL DATA REQUIREMENTS. (JUN 1987)
52.247-34 F.O.B. DESTINATION (NOV 1991)
II. Federal Acquisition Regulation (Full Text)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (AUG 2019)
(a) Definitions. As used in this clause—
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means—
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means—
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.
(c) Exceptions. This clause does not prohibit contractors from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:
Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
(End of clause)
52.216-22 INDEFINITE QUANTITY (OCT 1995) (IF OPTION 1 IS EXERCISED)
(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 locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after , July 31, 2021.
(End of clause)
52.227-14 RIGHTS IN DATA—GENERAL. (MAY 2014) - ALTERNATE II (DEC 2007) ,
AND ALTERNATE III (DEC 2007), AS MODIFIED BY NFS 1852.227-14 RIGHTS IN
DATA- GENERAL (APRIL 2015).
(a) Definitions. As used in this clause- “Computer database” or “database means” a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer.
The term does not include computer software.
“Computer software”-
(1) Means
(i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and
(ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled.
(2) Does not include computer databases or computer software documentation.
“Computer software documentation” means owner’s manuals, user’s manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.
“Data” means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.
“Form, fit, and function data” means data relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, and data identifying source, size, configuration, mating and attachment characteristics, functional characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithms, processes, formulas, and flow charts of the software.
“Limited rights” means the rights of the Government in limited rights data as set forth in the Limited Rights Notice of paragraph (g)(3) if included in this clause.
“Limited rights data” means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications.
“Restricted computer software” means computer software developed at private expense and that is a trade secret, is commercial or financial and confidential or privileged, or is copyrighted computer software, including minor modifications of the computer software.
“Restricted rights,” as used in this clause, means the rights of the Government in restricted computer software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software.
“Technical data” means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation). This term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases (See 41 U.S.C. 116).
“Unlimited rights” means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.
(b) Allocation of rights.
(1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited rights in -
(i) Data first produced in the performance of this contract;
(ii) Form, fit, and function data delivered under this contract;
(iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract; and
(iv) All other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software in accordance with paragraph
(g) of this clause.
(2) The Contractor shall have the right to-
(i) Assert copyright in data first produced in the performance of this contract to the extent provided in paragraph (c)(1) of this clause;
(ii) Use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, unless provided otherwise in paragraph (d) of this clause;
(iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright notices and to take other appropriate action, in accordance with paragraphs (e) and (f) of this clause; and
(iv) Protect from unauthorized disclosure and use those data that are limited rights data or restricted computer software to the extent provided in paragraph (g) of this clause.
(c) Copyright-
(1) Data first produced in the performance of this contract.
(i) Unless provided otherwise in paragraph (d) of this clause, the Contractor may, without prior approval of the Contracting Officer, assert copyright in scientific and technical articles based on or containing data first produced in the performance of this contract and published in academic, technical or professional journals, symposia proceedings, or similar works. The prior, express written permission of the Contracting Officer is required to assert copyright in all other data first produced in the performance of this contract.
(ii) When authorized to assert copyright to the data, the Contractor shall affix the applicable copyright notices of 17 U.S.C. 401 or 402, and an acknowledgment of Government sponsorship (including contract number).
(iii) For data other than computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly by or on behalf of the Government. For computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted computer software to reproduce, prepare derivative works, and perform publicly and display publicly (but not to distribute copies to the public) by or on behalf of the Government.
(2) Data not first produced in the performance of this contract. The Contractor shall not, without the prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract unless the Contractor-
(i) Identifies the data; and
(ii) Grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause or, if such data are restricted computer software, the Government shall acquire a copyright license as set forth in paragraph (g)(4) of this clause (if included in this contract) or as otherwise provided in a collateral agreement incorporated in or made part of this contract.
(3) Removal of copyright notices. The Government will not remove any authorized copyright notices placed on data pursuant to this paragraph (c), and will include such notices on all reproductions of the data.
(d) Release, publication, and use of data. The Contractor shall have the right to use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, except-
(1) As prohibited by Federal law or regulation (e.g., export control or national security laws or regulations);
(2) As expressly set forth in this contract; or
(3) If the Contractor receives or is given access to data necessary for the performance of this contract that contain restrictive markings, the Contractor shall treat the data in accordance with such markings unless specifically authorized otherwise in writing by the Contracting Officer.
(4) (i) The Contract agrees not to assert claim to copyright, publish or release to others any computer software first produced in the performance of this contract unless the Contracting Officer authorizes through a contract modification.
(ii) The prohibition of “release to others,” as set forth in (d)(4)(i), does not prohibit release to other Federal Agency for its use or its contractors’ use, as long as any such release is consistent with any restrictive markings in the software. Any restrictive markings on the software shall take precedence over the aforementioned release. Any release to a Federal Agency shall limit use to the Federal Agency or its contractors for Government purposes only. Any other release shall require the Contracting Officer’s prior written permission.
(iii) If the Government desires to obtain copyright in computer software first produced in performance of this contract and permission has not been granted as set forth in paragraph (d)(4)(i) of this clause, the Contracting Officer may direct the contractor to assert, or authorize the assertion of, a claim to copyright in such data and to assign, or obtain the assignment of, such copyright to the Government or its designated assignee.
(e) Unauthorized marking of data.
(1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g)(3) or (g) (4) if included in this clause, and use of the notices is not authorized by this clause, or if the data bears any other restrictive or limiting markings not authorized by this contract, the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C.
4703, the following procedures shall apply prior to canceling or ignoring the markings.
(i) The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings;
(ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60-day period (or a longer time approved in writing by the Contracting Officer for good cause shown), the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions.
(iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph (e)(1)(i) of this clause, the Contracting Officer will consider such written justification and determine whether or not the markings are to be cancelled or ignored. If the Contracting Officer determines that the markings are authorized, the Contractor will be so notified in writing. If the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, the Contracting Officer will furnish the Contractor a written determination, which determination will become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of the Contracting Officer’s decision. The Government will continue to abide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by the Contracting Officer’s determination becoming final (in which instance the Government will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed.
(2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act ( 5 U.S.C. 552) if necessary to respond to a request thereunder.
(3) Except to the extent the Government’s action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of the Government removing or ignoring authorized markings on data delivered under this contract.
(f) Omitted or incorrect markings.
(1) Data delivered to the Government without any restrictive markings shall be deemed to have been furnished with unlimited rights. The Government is not liable for the disclosure, use, or reproduction of such data.
(2) If the unmarked data has not been disclosed without restriction outside the Government, the Contractor may request, within 6 months (or a longer time approved by the Contracting Officer in writing for good cause shown) after delivery of the data, permission to have authorized notices placed on the data at the Contractor’s expense. The Contracting Officer may agree to do so if the Contractor-
(i) Identifies the data to which the omitted notice is to be applied;
(ii) Demonstrates that the omission of the notice was inadvertent;
(iii) Establishes that the proposed notice is authorized; and
(iv) Acknowledges that the Government has no liability for the disclosure, use, or reproduction of any data made prior to the addition of the notice or resulting from the omission of the notice.
(3) If data has been marked with an incorrect notice, the Contracting Officer may-
(i) Permit correction of the notice at the Contractor’s expense if the Contractor identifies the data and demonstrates that the correct notice is authorized; or
(ii) Correct any incorrect notices.
(g) Protection of limited rights data and restricted computer software.
(1) The Contractor may withhold from delivery qualifying limited rights data or restricted computer software that are not data identified in paragraphs (b)(1)(i), (ii), and (iii) of this clause. As a condition to this withholding, the Contractor shall-
(i) Identify the data being withheld; and
(ii) Furnish form, fit, and function data instead.
(2) Limited rights data…
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