80JSC020R0031 - TCS Amendment 2.pdf

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Attached to
Orion Main Engine Federal contract opportunity
Solicitation number
80JSC020R0031
Issued by
National Aeronautics and Space Administration Johnson Space Center

About this file

This is a solicitation for an Orion Main Engine (OME). NASA/JSC is seeking proposals to design, develop, build, and certify the OME to replace the repurposed OMS-E for use on Artemis I through Artemis V. The solicitation includes requirements for OME certification, production, special studies, and storage. The contract type is an indefinite-delivery, indefinite-quantity with firm-fixed-price orders. Proposals are due by June 11, 2020. A pre-proposal conference will be held virtually on April 2, 2020. The total contract value is not to exceed $600 million over 11 years. The minimum is certification and four engines valued at the offeror-filled amount. Milestone payments will be made upon successful completion of certification and production milestones.

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80JSC020R0031

A-1

Table of Content

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

CONTRACT TYPE

1852.216-78 FIRM FIXED PRICE (DEC 1988)

SUPPLIES AND/OR SERVICES TO BE PROVIDED / ITEMS ISSUED

CLIN 0001 OME CERTIFICATION

CLIN 0002 OME PRODUCTION

CLIN 0003 SPECIAL TASKS AND STUDIES

CLIN 0004 OME STORAGE

JSC 52.216-90 IDIQ MINIMUM AND MAXIMUM ORDERING LIMITS (NOV 2018)

SECTION C – PERFORMANCE WORK STATEMENT (PWS)

SECTION D - PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

52.246-7 INSPECTION OF RESEARCH AND DEVELOPMENT—FIXED-PRICE (AUG 1996)

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

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

1852.246-73 HUMAN SPACE FLIGHT ITEM (MAR 1997)

1852.246-72 MATERIAL INSPECTION AND RECEIVING REPORT (APR 2015)

SAE AS9100

SECTION F - DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

52.247-34 F.O.B. DESTINATION (NOV 1991)

1852.247-72 ADVANCE NOTICE OF SHIPMENT (OCT 1988)

JSC 52.247-95 FLIGHT ITEM (AUG 2005)

SHIPPING INSTRUCTIONS

DELIVERABLES

SECTION G - CONTRACT ADMINISTRATION DATA

1852.227-70 NEW TECHNOLOGY—OTHER THAN A SMALL BUSINESS FIRM OR NONPROFIT

ORGANIZATION (APR 2015)

1852.227-72 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND PATENT

REPRESENTATIVE (APR 2015)

A-2

1852.227-85 INVENTION REPORTING AND RIGHTS—FOREIGN (APR 2015)

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

1852.245-82 OCCUPANCY MANAGEMENT REQUIREMENTS (SEP 2017)

52.204-92 NASA SECURITY PROGRAM AND IDENTIFICATION OF EMPLOYEES. (AUG 2018)

(JSC PROCUREMENT INSTRUCTION)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

52.236-13 ACCIDENT PREVENTION (NOV 1991) ALTERNATE I (NOV 1991)

1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP REPORTING (DEC 2015)

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

1852.228-76 CROSS-WAIVER OF LIABILITY FOR INTERNATIONAL SPACE STATION

ACTIVITIES (OCT 2012)

1852.228-78 CROSS-WAIVER OF LIABILITY FOR SCIENCE OR SPACE EXPLORATION

ACTIVITIES UNRELATED TO THE INTERNATIONAL SPACE STATION (OCT 2012)

1852.225-70 EXPORT LICENSES (FEB 2000)

1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (MAR 1989)

1852.235-71 KEY PERSONNEL AND FACILITIES (MAR 1989)

JSC 52.219-90 SMALL BUSINESS SUBCONTRACTING GOALS (OCT 2006)

OME CERTIFICATION & ENGINE PRODUCTION PAYMENTS, MILESTONE EVENTS, AND

COMPLETION CRITERIA

OME SUCCESS DETERMINATION, INVESTIGATION, AND CORRECTIVE ACTIONS

NASA INSIGHT AND APPROVAL

GOVERNMENT FURNISHED SERVICES AND DATA

ASSOCIATE CONTRACTOR AGREEMENTS

USE OF GOVERNMENT PROPERTY, FACILITIES, ASSETS, OR SERVICES

DATA DELIVERABLE MARKING REQUIREMENTS FOR EXPORT CONTROL

ELECTRONIC DATA ACCESS

HAZARDOUS OPERATIONS

INCORRECT NOTICE AND REQUIREMENTS FOR WRITTEN JUSTIFICATION OF RESTRICTED

MARKINGS

UNIDENTIFIED DATA CONTAINING RESTRICTIVED OR LIMITING MARKINGS

DATA CONTAINING AN INCORRECT NOTICE

IDENTIFICATION AND REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED

COMPUTER SOFTWARE AFTER AWARD

TECHNICAL DATA AND COMPUTER SOFTWARE – WITHHOLDING OF PAYMENT

SECTION I - CONTRACT CLAUSES

52.202-1 DEFINITIONS (NOV 2013)

A-3

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) 1

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER

(MAY 2011)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) 1

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (OCT 2018)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)... 1

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL

2018)

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015).. 2

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV 2015)

52.210-1 MARKET RESEARCH (APR 2011)

52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

52.215-2 AUDIT AND RECORDS—NEGOTIATION (OCT 2010)

52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT (OCT 1997)

A-4

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA—

MODIFICATIONS (AUG 2011)

52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

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

THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)

52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (DEVIATION 19-02)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (AUG 2018) ALTERNATE II (NOV 2016)

52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN (JAN 1999)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (jul 2013)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-3 CONVICT LABOR (JUN 2003)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS—OVERTIME

COMPENSATION (MAY 2018)

52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2020)3

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT

EXCEEDING $15,000 (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEP 2016)

52.222-29 NOTIFICATION OF VISA DENIAL (APR 2015)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011)

52.225-5 TRADE AGREEMENTS (OCT 2019)

52.225-8 DUTY-FREE ENTRY (OCT 2010)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF

CONTRACT (FEB 2000)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

A-5

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT

(DEC 2007)

52.227-11 PATENT RIGHTS - OWNERSHIP BY THE CONTRACTOR (MAY 2014) [(MODIFIED BY

NFS 1852.227-11 (APR 2015)] [Only applicable to small business firm or nonprofit organization]

52.227-16 ADDITIONAL DATA REQUIREMENTS (JUN 1987)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.229-6 TAXES-FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)

52.232-1 PAYMENTS (APR 1984)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

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

52.232-11 EXTRAS (APR 1984)

52.232-17 INTEREST (MAY 2014)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-25 PROMPT PAYMENT (JAN 2017)

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

MANAGEMENT (OCT 2018)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS CONTRACTORS

(DEC 2013)

52.233-1 DISPUTES (MAY 2014)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017)

52.242-13 BANKRUPTCY (JUL 1995)

52.243-1 CHANGES—FIXED-PRICE (AUG 1987) ALTERNATE II (APR 1984)

52.243-6 CHANGE ORDER ACCOUNTING (APR 1984)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (AUG 2019)

52.245-1 GOVERNMENT PROPERTY (JAN 2017)

52.245-9 USE AND CHARGES (APR 2012)

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

52.246-24 LIMITATION OF LIABILITY – HIGH VALUE ITEMS (FEB 1997)

52.246-26 REPORTING NONCONFORMING ITEMS (DEC 2019)

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

52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (FEB

2006)

A-6

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR

2012)

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

52.250-1 INDEMNIFICATION UNDER PUBLIC LAW 85-804

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(JUN 2016)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA – MODIFICATIONS

[(DEVIATION 18-04)]

52.216-18 ORDERING (OCT 1995)

52.216-19 ORDER LIMITATIONS (OCT 1995)

52.216-22 INDEFINITE QUANTITY (OCT 1995)

SPECIAL STUDIES TASK ORDERING PROCEDURES (APPLICABLE TO CLIN 0003 ONLY) . 12

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013).. 13

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN

1997) (ALT 1) (JUL 1995)

52.223-20 AEROSOLS (JUN 2016)

52.223-21 FOAMS (JUN 2016)

52.227-3 PATENT INDEMNITY (APR 1984) ALTERNATE I (JUN 1989)

52.227-14 RIGHTS IN DATA—GENERAL (MAY 2014) ALTERNATE II (DEC 2007) [(MODIFIED

BY NFS 1852.227-14 (APR 2015)] ALTERNATE III (DEC 2007) ALTERNATE V (DEC 2007)

52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER

SOFTWARE (DEC 2007)

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

52.232-32 PERFORMANCE-BASED PAYMENTS (APR 2012)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

1852.203-70 DISPLAY OF INSPECTOR GENERAL HOTLINE POSTERS (JUN 2001)

1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (AUG

2014)

1852.204-76 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY

RESOURCES (JAN 2011)

A-7

1852.215-84 OMBUDSMAN (NOV 2011) ALTERNATE I (JUN 2000)

1852.219-75 INDIVIDUAL SUBCONTRACTING REPORTS (APR 2015)

1852.219-77 NASA MENTOR-PROTÉGÉ PROGRAM (APR 2015)

1852.223-74 DRUG- AND ALCOHOL-FREE WORKFORCE (NOV 2015)

1852.227-88 GOVERNMENT-FURNISHED COMPUTER SOFTWARE AND RELATED TECHNICAL

DATA (APR 2015)

1852.228-75 MINIMUM INSURANCE COVERAGE (OCT 1988)

1852.235-70 CENTER FOR AEROSPACE INFORMATION (DEC 2006)

1852.237-72 ACCESS TO SENSITIVE INFORMATION (JUN 2005)

1852.237-73 RELEASE OF SENSITIVE INFORMATION (JUN 2005)

1852.242-78 EMERGENCY MEDICAL SERVICES AND EVACUATION (APR 2001)

1852.216-80 TASK ORDERING PROCEDURE (OCT 1996) ALTERNATE II (APR 2018)

52.225-8 DUTY-FREE ENTRY (OCT 2010) [(MODIFIED BY NFS 1852.225-8 (FEB 2000)]

1852.239-73 REVIEW OF OFFEROR’S INFORMATION TECHNOLOGY SYSTEMS SUPPLY

CHAIN (DEVIATION [15-03D])

1852.239-74 INFORMATION TECHNOLOGY SYSTEM SUPPLY CHAIN RISK ASSESSMENT (APR

2016) (DEVIATION)

1852.225-71 RESTRICTION ON FUNDING ACTIVITY WITH CHINA (FEB 2012)(DEVIATION)41

SECTION J - LIST OF ATTACHMENTS

J-1 PERFORMANCE WORK STATEMENT

J-2 DATA PROCUREMENT DOCUMENT

J-2-A DRD SUBMISSION MATRIX

J-3 APPLICABLE, MEET THE INTENT, INFORMATIONAL, AND TAILORED DOCUMENTS LIST

J-4 RESERVED

J-5 RESERVED

J-6 SAFETY AND MISSION ASSURANCE (S&MA) PLAN

J-7 ORGANIZATIONAL CONFLICTS OF INTEREST (OCI) PLAN

J-8 SMALL BUSINESS SUBCONTRACTING PLAN

J-9 INFORMATION TECHNOLOGY SECURITY MANAGEMENT PROJECT PLAN

J-10 RESERVED

J-11 RESERVED

J-12 LIST OF GOVERNMENT FACILITIES

J-13 RESERVED

J-14 INTEGRATED COLLABORATIVE ENVIRONMENT (ICE) OPERATING ENVIRONMENT . 1

J-15 ORION MAIN ENGINE PROJECT MANAGEMENT PLAN

A-8

J-16 STANDARD LABOR CATEGORIES (SLCS)

J-17 RESERVED

J-18 RESERVED

J-19 RESERVED

J-20 RESERVED

J-21 RESERVED

J-22 RESERVED

J-23 RESERVED

J-24 RESERVED

J-25 LIMITED RIGHTS IN DATA AND RESTRICTED COMPUTER SOFTWARE

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION

GOALS—REPRESENTATION (DEC 2016)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2020)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (DEC 2019)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.209-12 CERTIFICATION REGARDING TAX MATTERS (FEB 2016)

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION

(JUN 2018)

1852.225-72 RESTRICTION ON FUNDING ACTIVITY WITH CHINA – REPRESENTATION (FEB

2012)(DEVIATION)

1852.239-73 REVIEW OF THE OFFEROR’S INFORMATION TECHNOLOGY SYSTEMS SUPPLY

CHAIN (DEVIATION 15-03D)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

L.1 LISTING OF PROVISIONS INCORPORATED BY REFERENCE

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

52.211-7 ALTERNATIVES TO GOVERNMENT-UNIQUE STANDARDS (NOV 1999)

52.207-1 NOTICE OF STANDARD COMPETITION (MAY 2006)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

A-9

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITIONS (JAN 2017)

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB

1999)

1852.227-71 REQUESTS FOR WAIVER OF RIGHTS TO INVENTIONS (APR 2015)

1852.227-84 PATENT RIGHTS CLAUSES (APR 2015)

1852.223-73 SAFETY AND HEALTH PLAN (JUL 2015)

1852.233-70 PROTESTS TO NASA (DEC 2015)

L.2 52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (APR 2014)

L.3 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF

FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUNE

1988)

L.4 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN

(MAR 2015)

L.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.6 52.216-1 TYPE OF CONTRACT (APR 1984)

L.7 52.232-28 INVITATION TO PROPOSE PERFORMANCE-BASED PAYMENTS (MAR 2000)

ALTERNATE I (MAR 2000)

L.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.9 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

L.10 1852.215-77 PREPROPOSAL/PRE-BID CONFERENCE (APR 2015)

L.11 1852.215-81 PROPOSAL PAGE LIMITATIONS (APR 2015)

L.12 1852.245–80 GOVERNMENT PROPERTY MANAGEMENT INFORMATION (JAN 2011)

L.13 JSC 52.215-107 GENERAL INSTRUCTIONS FOR PREPARATION OF PROPOSAL (AUG 2018)

L.14 AVAILABILITY OF SPECIFICATIONS

L.15 JSC 52.215-124 COMMUNICATIONS REGARDING THIS SOLICITATION (AUG 2018)

L.16 IDENTIFICATION AND REPRESENTATION OF LIMITED RIGHTS DATA AND

RESTRICTED COMPUTER SOFTWARE (PRE-AWARD)

L.17 INSTRUCTIONS TO OFFERORS FOR A SOURCE EVALUATION BOARD (SEB)

L.17.1 INTRODUCTION

L.17.2 PROPOSAL ARRANGEMENT, PAGE LIMITATIONS, COPIES, AND DUE DATES

L.17.3 PROPOSAL MARKING AND DELIVERY THROUGH LARGE FILE TRANSFER (LFT)17

L.17.4 INSTRUCTIONS FOR PREPARATION OF PROPOSAL

L.17.5 MISSION SUITABILITY FACTOR - VOLUME I

A-10

L.17.6 PAST PERFORMANCE INFORMATION FACTOR - VOLUME II

L.17.7 PRICE FACTOR- VOLUME III

L.17.8 RESPONSIBILITY CONSIDERATIONS – VOLUME IV

L.17.9 MODEL CONTRACT AND ADDITIONAL REQUIREMENTS - VOLUME V

LIST OF ATTACHMENTS

ATTACHMENT L-1 STANDARD LABOR CATEGORIES

ATTACHMENT L-2 SMALL BUSINESS SUBCONTRACTING TABLES

ATTACHMENT L-3 PAST PERFORMANCE QUESTIONNAIRE

ATTACHMENT L-4 PAST PERFORMANCE CONSENT LETTERS

ATTACHMENT L-5 PAST PERFORMANCE EXCEL SPREADSHEET

ATTACHMENT L-6 PRICING TEMPLATE

ATTACHMENT L-7 KEY PERSONNEL RESUME

ATTACHMENT L-8 GOVERNMENT TASK AGREEMENT INSTRUCTIONS

ATTACHMENT L-9A OME BASELINE NEED DATES

ATTACHMENT L-9B OME ACCELERATED NEED DATES

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 SOURCE EVALUATION BOARD EVALUATION FACTORS FOR AWARD

M.2 MISSION SUITABILITY FACTOR (VOLUME I)

M.2.1 OVERALL MANAGEMENT APPROACH (MA) - MISSION SUITABILITY SUBFACTOR 1

M.2.2 TECHNICAL APPROACH (TA) - MISSION SUITABILITY SUBFACTOR 2

M.2.3 SAFETY AND MISSION ASSURANCE APPROACH

M.2.4 SMALL BUSINESS UTILIZATION (SBU) APPROACH - MISSION SUITABILITY

SUBFACTOR 4

M.3 PAST PERFORMANCE FACTOR (VOLUME II)

M.4 PRICE FACTOR (VOLUME III)

M.5 RESPONSIBILITY CONSIDERATIONS (VOLUME IV)

M.6 MODEL CONTRACT (VOLUME V)

B-1

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

CONTRACT TYPE

The Orion Main Engine (OME) is a single-award Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract with the ability to issue Firm-Fixed-Price (FFP) orders. The Government may issue

FFP IDIQ orders, in accordance with the procedures set forth in Section B and Section I.

(End of clause)

1852.216-78 FIRM FIXED PRICE (DEC 1988)

The total firm fixed price of this contract is the amount shown in Table B.1, Summary of

Supplies/Services to be Provided.

SUPPLIES AND/OR SERVICES TO BE PROVIDED / ITEMS ISSUED

The Contractor shall provide all resources necessary to deliver and/or perform the requirements of the contract in accordance with the following table and per Attachment J-1, Performance

Work Statement, except for resources provided by the Government listed in Section H clause

GOVERNMENT FURNISHED SERVICES AND DATA.

Table B.1 Summary of Supplies/Services to Be Provided

CLIN Category CLIN Title Price

Fixed Price IDIQ 0001 OME Certification $OFI

Fixed Price IDIQ 0002 OME Production $OFI

Fixed Price IDIQ 0003 Special Tasks and Studies TBD

Fixed Price IDIQ 0004 OME Storage TBD

Total:

CLIN: Contract Line Item Number/OFI: Offeror Fill-In/TBD: To Be Determined

(End of Clause)

B-2

CLIN 0001 OME CERTIFICATION

The OME Certification under CLIN 0001 is complete when NASA provides acceptance for

Certification Milestone 4, Design Certification Review (DCR), in accordance with documents identified Attachment J-1, Performance Work Statement.

CLIN 0001A Baseline Certification

OME Baseline Certification

No later than September 15, 2024

PRICE ($)

OFI

CLIN 0001B Accelerated Certification

OME Accelerated Certification

No later than June 30, 2024

PRICE ($)

OFI

CLIN 0002 OME PRODUCTION

In accordance with the clauses set forth in the contract, the Contracting Officer may order the

OME through issuance of FFP delivery orders. The following table represents the FFP ordering structure to be utilized for ordering OME production on a FFP basis, based on the contract year

(CY) in which the order is issued. For the purposes of these tables, one OME unit is defined as completing the requirements of Attachment J-1, Performance Work Statement. The values shown in the Unit Price Based on Ordering Quantity” column represent the total price of the order, including quantity discounts, for ordering multiple engines in a Delivery Order that the respective contract year.

CLIN 0002A BASELINE PRODUCTION

CLIN 0002A Baseline Production will be utilized in conjunction with CLIN 0001A Baseline

Certification to meet the baseline delivery need date no later than January 31, 2025.

Unit Price based on Ordering

Quantity

CY

CY

CY

CY

CY

CY

CY

CY

CY

CY

CY

1 OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

2 OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

3 OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

4 OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

B-3

CLIN 0002B ACCELERATED PRODUCTION

CLIN 0002B Accelerated Production will be utilized in conjunction with CLIN 0001B

Accelerated Certification to meet the accelerated delivery need date no later than September 30, 2024.

Unit Price based on Ordering

Quantity

CY

CY

CY

CY

CY

CY

CY

CY

CY

CY

CY

1 OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

2 OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

3 OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

4 OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

B-4

CLIN 0003 SPECIAL TASKS AND STUDIES

In accordance with Attachment J-1, Performance Work Statement, the task ordering procedures and other terms and conditions in the contract, the Contractor shall perform special studies, test and analyses, as initiated by the Contracting Officer. IDIQ tasks may include performing technical, cost, schedule and risk assessments for potential new requirements or changes to existing requirements, as identified by the Government, for their impact on the Contractor’s design, schedule, and price as it relates to OME or life cycle activities; performing additional analyses, modeling, and/or tests of hardware to provide further confidence and understanding of robustness of design and advance planning, feasibility or trade studies for development or certification activities. These IDIQ tasks do not contain any tasks included in CLIN 0001 and

CLIN 0002. The Contractor shall utilize the fully burdened labor rates shown in CLIN 0003, Special Tasks and Studies for the year in which the work is to be accomplished, when proposing to a Government Request for Task Order Proposal.

Table B.2 Special Tasks and Studies Standard Labor Categories

STANDARD LABOR

CATEGORY

(SLC)

CY

CY

CY

CY

CY

CY

CY

CY

CY

CY

CY

Program Manager OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

Engineer I OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

Engineer II OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

Engineer III OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

Technician I OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

Technician II OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

Technician III OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

Technician Specialist OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

Business Specialist OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

Administration

Specialist

OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

Quality Assurance

Specialist II

OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

Safety Engineer II OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

Quality Engineer II OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

Other OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI OFI

B-5

CLIN 0004 OME STORAGE

In accordance with Attachment J-1, Performance Work Statement, the task ordering procedures and other terms and conditions in the contract, the Contractor shall provide a bonded storage facility in accordance with SAE AS9100, Quality Management Systems – Requirements for

Aviation, Space, and Defense Organizations, as initiated by written direction from the

Contracting Officer.

Bonded storage facility space under CLIN 0004 will be procured via a FFP task order. No later than 30 calendar days prior to Milestone 2, Pre-Ship Hardware Acceptance Review, NASA will notify the contractor if storage is required. NASA reserves the right to determine, on an as needed basis, if there is a need for the OME(s) to be stored. If it is determined that additional days are required to store the OME prior to DD Form 250 date, the appropriate contract year storage price per day will be multiplied by the number of days of storage needed times the number of engines. A subsequent amendment to the FFP task order will be executed.

OME Storage CY

CY

CY

CY

CY

CY

CY

CY

Storage Price per day OFI OFI OFI OFI OFI OFI OFI OFI

JSC 52.216-90 IDIQ MINIMUM AND MAXIMUM ORDERING LIMITS (NOV 2018)

In accordance with FAR 52.216-22, Indefinite Quantity, the contract guaranteed minimum amount* to be ordered under this contract is the total price of certification and four engines

$OFI.

The contract Not to Exceed (NTE) amount* which may be ordered under this contract is the total price of $600,000,000, which includes OME Certification (CLIN 0001) + OME Production of 20 engines (CLIN 0002) + Special Tasks and Studies (CLIN 0003) + OME Storage (CLIN 0004)

The Government is not obligated to order more than the minimum specified but may order up to the NTE amount. The Contractor is obligated to fulfill orders issued, up to the NTE amount within the limits specified in FAR 52.216-19 Order Limitations.

* These values are based on price.

C-1

SECTION C – PERFORMANCE WORK STATEMENT (PWS)

This Performance Work Statement (PWS) and all exhibits and documents attached or referenced herein define the NASA requirements for the Contractor to provide the Orion Main Engine

(OME) that will replace the Orion Multi-Purpose Crew Vehicle (MPCV) Orbital Maneuvering

System-Engine (OMS-E) that has been repurposed to support the Orion spacecraft on Artemis I through Artemis V. The Contractor shall design the OME to comply with the existing OMS-E functional, performance, and interface requirements of the Orion spacecraft primary power and propulsion component, the European Service Module (ESM). The OME functional, performance, and interface requirements are in MPCV 72634, Orion MPCV Program OME

Project Technical Requirements Specification.

The OME shall be designed, developed, built, and certified for flight consistent with NASA and

Orion/ESM program design, construction, workmanship, qualification standards, and other technical and programmatic requirements associated with human rating considerations. This includes configuration management, reliability analysis, and safety assessment processes as outlined in the PWS, Attachment J-1.

NASA will provide access to OMS-E non-proprietary drawings for components associated with

OME to support fulfillment of this PWS as defined in the clause entitled USE OF

GOVERNMENT PROPERTY, FACILITIES, ASSETS, OR SERVICES. The Contractor shall perform all tasks necessary to ensure the delivery of safe reliable engines in conformance with the following requirements specification and attachments.

MPCV 72634, Orion Multi-Purpose Crew Vehicle (MPCV) Program OME

Project Technical Requirements Specification

Attachment J-1, Performance Work Statement

Attachment J-2, Data Procurement Document

Attachment J-3, Applicable, Meet the Intent, Informational, and Tailored Documents

The contract will allow for ordering engines for other NASA Exploration Programs at other

NASA centers.

D-1

SECTION D - PACKAGING AND MARKING

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

E-1

SECTION E - INSPECTION AND ACCEPTANCE

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

52.246-7 INSPECTION OF RESEARCH AND DEVELOPMENT—FIXED-PRICE (AUG

1996)

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

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

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

Title Number Date Tailoring

Quality Management Systems -

Requirements for Aviation, Space, and

Defense Organizations

SAE AS9100

REVISION D

Sep 2016

For the Development of an Electrostatic

Discharge Program for Protection of

Electrical and Electronic Parts, Assemblies and Equipment (Excluding

Electrically Initiated Explosive Devices)

ANSI/ESD

S20.20-2014

June 11, 2014

Orion MPCV Safety and Mission

Assurance Requirements

MPCV 70059

September 6, 2012

Implementation Requirements for NASA

Workmanship Standards

NASA-STD

8739.6

June 30, 2016

Metrology and Calibration NASA-STD

8739.12

January 23, 2018

Requirements and Acceptance for Cable and Wire Harness Assemblies

IPC/WHMA-A-

620C

January 2017

Space Applications Electronic Hardware

Addendum to IPC/WHMA-A-620C

Requirements and Acceptance for Cable and Wire Harness Assemblies

IPC/WHMA-A-

620CS

March 30, 2018

Requirements for Soldered Electrical and

Electronic Assemblies

IPC J-STD-001F July 2014

Space Applications Electronic Hardware

Addendum to IPC J-STD-001F

Requirements for Soldered Electrical and

Electronic Assemblies

IPC J-STD-

001FS

January 2015

E-2

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

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

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

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

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

1852.246-73 HUMAN SPACE FLIGHT ITEM (MAR 1997)

1852.246-72 MATERIAL INSPECTION AND RECEIVING REPORT (APR 2015)

(a) At the time of each delivery to the Government under this contract, the Contractor shall prepare and furnish a Material Inspection and Receiving Report (DD Form 250 series). The form(s) shall be prepared and distributed as follows:

1 COPY - CENTER INDUSTRIAL PROPERTY OFFICER (MAIL CODE: JB)

1 COPY - FINANCE PROPERTY ACCOUNTING (MAIL CODE: LF3)

1 COPY - CONTRACTING OFFICERS REPRESENTATIVE (MAIL CODE: GC)

(b) The Contractor shall prepare the DD Form 250 in accordance with NASA FAR Supplement

1846.6. The Contractor shall enclose the copies of the DD Form 250 in the package or seal them in a waterproof envelope, which shall be securely attached to the exterior of the package in the most protected location.

(c) When more than one package is involved in a shipment, the Contractor shall list on the DD

Form 250, as additional information, the quantity of packages and the package numbers. The

Contractor shall forward the DD Form 250 with the lowest numbered package of the shipment and print the words “CONTAINS DD Form 250” on the package.

E-3

SAE AS9100

The Contractor shall have a quality program that complies with International Organization for

Standardization document SAE AS9100, Quality Management Systems – Requirements for

Aviation, Space and Defense Organizations at contract award.

If after contract award the Contractor changes registrars, loses its SAE AS9100 registration status, or is put on notice of losing its registration status, the Contractor shall notify the

Contracting Officer within three days of receiving such notice from its registrar. The Contractor shall coordinate with any Certification Registrars or Databases or Certifying Organizations to allow NASA access to certification documentation and audit information pertinent to this contract.

F-1

SECTION F - DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

52.247-34 F.O.B. DESTINATION (NOV 1991)

1852.247-72 ADVANCE NOTICE OF SHIPMENT (OCT 1988)

Thirty (30) work days prior to shipping item(s): Orion Main Engine (OME) and associated support hardware and equipment, the Contractor shall furnish the anticipated shipment date, bill of lading number (if applicable), and carrier identity to the NASA OME Project Manager, Contracting Officer Representative, and to the Contracting Officer.

JSC 52.247-95 FLIGHT ITEM (AUG 2005)

Block 16 of each Department of Defense Form 250 prepared for flight hardware, or related equipment to be shipped under this contract, must be annotated as follows in 1/4-inch letters or larger by hand printing or rubber stamp:

“THIS IS A FLIGHT ITEM” OR “THIS IS MISSION ESSENTIAL GROUND SUPPORT

EQUIPMENT,” as applicable.

F-2

SHIPPING INSTRUCTIONS

All documentation and hardware to be shipped to JSC shall be shipped as identified below:

Parcel Post Shipments and Freight Shipments:

Ship to: Transportation Officer

Building 421

NASA Johnson Space Center

2101 NASA Parkway

Houston, TX 77058-3696

Mark for: Accountable Property Officer

Mark with: Contract Number: TBD

For reissue to: (Name) TBD – Contracting Officer’s Representative

(Mail Code): GA

(Building): 17

(Room): TBD

All hardware shipped to:

Airbus Defence and Space

Airbus Allee 1

28199 Bremen

Germany

OR

NASA – Marshall Space Flight Center

Bldg 4361

MSFC, AL 35812

DELIVERABLES

The Contractor shall make all deliverables as described in the Performance Work Statement, issued orders, Attachment J-2, Data Procurement Document, and the terms and conditions of this contract.

G-1

SECTION G - CONTRACT ADMINISTRATION DATA

1852.227-70 NEW TECHNOLOGY—OTHER THAN A SMALL BUSINESS FIRM OR

NONPROFIT ORGANIZATION (APR 2015)

1852.227-72 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND

PATENT REPRESENTATIVE (APR 2015)

1852.227-85 INVENTION REPORTING AND RIGHTS—FOREIGN (APR 2015)

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

(a) The designated payment office is the NASA Shared Services Center (NSSC) located at FMD

Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

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

https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact

Center at 1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.

(c) Payment requests.

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

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

(i) Vouchers.

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

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

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

(D) Progress reports, as required.

(ii) Invoices.

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

G-2

(B) Progress reports, as required.

(C) Date goods and services were performed.

(iii) Fee vouchers.

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

(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

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:

NPD 8800.14, Policy for Real Estate Management.

NPR 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.

52.204-92 NASA SECURITY PROGRAM AND IDENTIFICATION OF EMPLOYEES.

(AUG 2018) (JSC PROCUREMENT INSTRUCTION)

(a) The contractor shall adhere to Center and Agency-wide program policy and guidance for security operations and the Contractor shall comply with the following:

• NPR 1600.1, NASA Security Program Procedural Requirements

• NPD 1600.9, NASA Insider Threat Program

• NPD 1600.3, Policy on Prevention of and Response to Workplace Violence

• NPR 1600.3, Personnel Security

• NPR 1600.4, Identity and Credential Management.

G-4

(b) For any contract requiring a Facility Clearance Level (FCL) for access to Classified National

Security Information (CNSI), the contractor shall adhere to the Agency-wide program policy and guidance related to the protection of CNSI by complying with the following:

• NPR 1600.2, NASA Classified National Security Information

(c) For any contract requiring an FCL for access to CNSI and requiring access to

Communications Security (COMSEC) equipment, the contractor shall adhere to the Agency-wide program policy and guidance related to the protection of COMSEC equipment by complying with the following:

• NPR 1600.6, Communications Security (COMSEC) (NPR 1600.6 is a protected document that can be obtained by contractors that have a need-to-know. The JSC point of contact is the JSC

COMSEC Account Manager (CAM)).

(d) At all times while on NASA property, the contractor, subcontractors, their employees, and agents shall wear NASA issued credentials. NASA credentials will be issued in accordance with NPR 1600.4, Identity and Credential Management. The employee’s Facility Security

Officer (FSO) and/or Designated Official (DO) will submit an identity request for temporary

(between 29 and 179 days) or permanent (greater than 180 days) credentials within the NASA

Identity and Access Management (IdMAX) system.

(e) Credentials will be issued at the following locations:

• NASA Badging & Visitor Control Office, located in Building 110 at the Johnson Space Center

(JSC) 6:00 a.m. to 5:30 p.m. Monday through Friday excluding holidays

• Sonny Carter Training Facility (SCTF) 7:00 a.m. to 3:30 p.m. Monday through Friday excluding holidays

• Ellington Field (EFD), Building 265, 7:00 a.m. to 11:00 a.m. Monday through Friday excluding holidays

• White Sands Test Facility (WSTF), Protective Services Office Building (PSOB), Building 108, Monday through Friday from 7:00 a.m. to 4:00 p.m. excluding holidays and off every other

Friday due to 9/80 hour scheduling. WSTF visitor credentials will be issued on a 7-day-a-week, 24-hour-a-day basis.

(f) FSO or DO needing identity requester rights, must complete the following training in

SATERN: Personal Identity Verification (PIV) – ICAM Overview and PIV – Requester

Module. After completion of the training, the FSO/DO will request the following rights in

NAMS: Agency ICAM Infrastructure; with the Identity Requestor role. Last, submit a JSC

Form (JF) 200, NASA JSC Agreement Maintenance Card to be added as a Requester for the contract/agreement of responsibility. This will allow the contractor to have identity requestor privileges within IdMAX.

(g) For temporary credential requests, the FSO/DO will submit the credential request within

IdMAX and instruct the employee to visit a JSC Badging Office to complete the enrollment process for the temporary credential. The employee will need to present two forms of matching I-9 identification documents to process a temporary credential. The list of

G-5 acceptable I-9 documents can be found on the U.S. Citizenship and Immigration Services

(USCIS) website located at www.uscis.gov.

(h) For permanent credential requests, the FSO/DO will submit a JF 1805, Non-NASA

Employee Security Information, no later than noon on the Wednesday prior to the employee’s start date. The FSO/DO will notify the employee of the date/time for the background investigation processing, in accordance with NPR 1600.3, at the JSC Security Office eQIP lab, if required. The FSO/DO will provide the employee with the necessary forms to complete prior to the eQIP lab appointment. Employees will present two forms of matching I-9 identification documents to process a permanent credential. Employees will receive a temporary 30-day credential or Interim Agency Smart Badge until the PIV credential arrives at the JSC Badging Office. When the PIV credential arrives, the employee or FSO/DO will receive an email notification for credential pickup at the JSC Badging Office.

(i) The contractor shall be held accountable for issued credentials, keys, and other items. The contractor must assure credentials (returned to JSC Badging Office) and keys (returned to JSC

Locksmith Office) are returned upon completion of work under the contract in accordance with the procedures listed on JF 760, JSC Contractor Termination and Return for Future Use

Checklist.

http://www.uscis.gov/

H-1

SECTION H - SPECIAL CONTRACT REQUIREMENTS

52.236-13 ACCIDENT PREVENTION (NOV 1991) ALTERNATE I (NOV 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall—

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR part 1926 and

29 CFR part 1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health

Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the

Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(f) Before commencing the work, the Contractor shall—

H-2

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP REPORTING (DEC

2015)

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

1852.228-76 CROSS-WAIVER OF LIABILITY FOR INTERNATIONAL SPACE

STATION ACTIVITIES (OCT 2012)

1852.228-78 CROSS-WAIVER OF LIABILITY FOR SCIENCE OR SPACE

EXPLORATION ACTIVITIES UNRELATED TO THE INTERNATIONAL SPACE

STATION (OCT 2012)

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 center or NASA Contractor facility, 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-3

1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (MAR 1989)

(a) Of the total price of items CLIN 0001 through CLIN 0004, the sum of $ [the amount set forth on each individual task order] is presently available for payment and allotted to this contract. It is anticipated that from time to time additional funds will be allocated to the contract as required by the payment schedule in Section H clause OME CERTIFICATION &

ENGINE PRODUCTION PAYMENTS, MILESTONE EVENTS, AND COMPLETION

CRITERIA or as required by the payment schedules defined in special task orders until the total price of all CLINs is allotted.

(b) The Contractor agrees to perform or have performed work on the items specified in paragraph (a) of this clause up to the point at which, if this contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause would, in the exercise of reasonable judgment by the Contractor, approximate the total amount at the time allotted to the contract.

The Contractor is not obligated to continue performance of the work beyond that point. The

Government is not obligated in any event to pay or reimburse the Contractor more than the amount from time to time allotted to the contract, anything to the contrary in the Termination for Convenience of the Government clause notwithstanding.

(c)(1) It is contemplated that funds presently allotted to this contract will cover the work to be performed until TBD.

(2) If funds allotted are considered by the Contractor to be inadequate to cover the work to be performed until that date, or an agreed date substituted for it, the Contractor shall notify the

Contracting Officer in writing when within the next 60 days the work will reach a point at which, if the contract is terminated pursuant to the Termination for Convenience of the

Government clause of this contract, the total amount payable by the Government

(including amounts payable for subcontracts and settlement costs) pursuant to paragraphs

(f) and (g) of that clause will approximate 75 percent of the total amount then allotted to the contract.

(3)(i) The notice shall state the estimate when the point referred to in paragraph (c)(2) of this clause will be reached and the estimated amount of additional funds required to continue performance to the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it.

(ii) The Contractor shall, 60 days in advance of the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it, advise the Contracting Officer in writing as to the estimated amount of additional funds required for the timely performance of the contract for a further period as may be specified in the contract or otherwise agreed to by the parties.

(4) If, after the notification referred to in paragraph (c)(3)(ii) of this clause, additional funds are not allotted by the date specified in paragraph (c)(1) of this clause, or an agreed date

H-4 substituted for it, the Contracting Officer shall, upon the Contractor’s written request, terminate this contract on that date or on the date set forth in the request, whichever is later, pursuant to the Termination for Convenience of the Government clause.

(d) When additional funds are allotted from time to time for continued performance of the work under this contract, the parties shall agree on the applicable period of contract performance to be covered by these funds. The provisions of paragraphs (b) and (c) of this clause shall apply to these additional allotted funds and the substituted date pertaining to them, and the contract shall be modified accordingly.

(e) If, solely by reason of the Government’s failure to allot additional funds…

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