ASSLS Amendment 2 QAs.pdf

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Amendment 2 Questions & Answers

1. Is there a current incumbent for this scope?

Yes.

2. Which contractors are currently providing ASSL services to NASA?

ILC Dover is currently providing Advanced Space Suit Lab Services.

3. Are the incumbent workers part of a collective bargaining agreement?

No.

4. What is the period of performance for the proposed contract?

The period of performance will be five years past the ATP.

5. Are the incumbent workers precluded from moving to another contractor?

No, incumbent workers are not precluded from moving to another contractor.

6. In the opinion of the contracting officer, would there be a perceived OCI between the selected ASSL contractor and the anticipated xEMU Production and Services contract?

Yes, there is a possibility of a perceived OCI. Please see 52.212-1 (b) (11) [Addenda], for guidance in preparation of such conflicts.

7. Will the awardee be using NASA computers/IT services or contractor supplied computers/IT services?

The awardee will be using NASA computers/IT services. 1852.245-71

INSTALLATION-ACCOUNTABLE GOVERNMENT PROPERTY (JUN 2018)

ALTERNATE I (JAN 2011) (2)(c)(1) includes NASA computers/IT services with office space, work area space, and utilites.

8. Will the awardee be permitted to use the NASA purchasing system?

In general, NASA will provide materials and supplies, but the awardee is expected to have purchasing capability as well.

9. Will the awardee be provided all existing procedures currently in use to operate the labs and services found in this SOW?

The awardee will be provided government-created process manuals, instructions, and existing procedures to operate the lab. Any proprietary details regarding work within the lab that the incumbent possesses will not be provided.

10. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS,

specifically subparagraph (h) states: “(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.”. Whereas, under FAR 52.227-1 AUTHORIZATION AND CONSENT, there isn’t any injunctive relief available, and there is no direct cause of action against a contractor that is infringing a patent or copyright with the authorization or consent of the Government (e.g., while performing a contract).

Questions/Comments:

• Under FAR 52.227-1 AUTHORIZATION AND CONSENT, there isn’t a direct cause of action against a contractor that is infringing a patent or copyright; whereas under FAR

52.212-4 CONTRACT TERMS AND CONDITIONS–COMMERCIAL ITEMS,

specifically subparagraph (h) Patent indemnity, the contractor indemnifies the Government against liability for actual or alleged direct infringement of patents or copyrights. What is NASA’s proposed remedy to this conflict/contradiction? Which of these clauses takes precedence assuming infringement of a patent were to occur?

There is no conflict between these two clauses. The Authorization and Consent clause of FAR 52.227-1 makes reference to the insertion of a patent indemnity clause in 52.227-1(a)(2). See FAR 27.201-2(c). The patent indemnity clause referenced in 52.227-1(a)(2) refers to 52.212-4(h).

11. The RFQ incorporates FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS and FAR 52.212-5 CONTRACT TERMS AND CONDITIONS

REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL

ITEMS.

Questions/Comments:

• FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS: (a) The prescription clause [e.g., FAR 22.1006 (b) and (c)] for FAR clauses FAR 52.222-42 Statement of Equivalent Rates for Federal Hires and FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contracts) imply that these clauses are only applicable if FAR 52.222-41 Service Contract Labor Standards is incorporated under the Solicitation/Contract. Should FAR 52.222-41 Service Contract Labor Standards be incorporated under this RFQ? (b) Under FAR 52.222-42 Statement of Equivalent Rates for Federal Hires, does NASA intend to provide the information required therein? (c) Assuming FAR 52.222-41 Service Contract Labor Standards is incorporated under this RFQ, will NASA be providing a “Wage Determination”? (d) Should FAR 52.204-14 Service Contract Reporting Requirements be incorporated under this RFQ, given that the prescription clause [e.g., FAR 4.1705 (a)] implies that this clause is not applicable to Indefinite Delivery type Contracts?

(a) 52.222-41 has been incorporated in Amendment 2.

(b) A Statement of Equivalent Rate Table has been added as an attachment to Amendment 2.

(c) A Wage Determination has been added as an attachment to Amendment

2.

(d) 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS has been removed in Amendment 2 as this is an indefinite-delivery contract.