Section_A-M_Terms_and_Conditions.pdf

80KSC018R0014 (KGPC II)

Table of Content

PART I - SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COST

B.1 Supplies or Services/Prices

B.2 FAR 1852.216-78 Firm Fixed Price. (DEC 1988)

B.3 Indefinite delivery/Indefinite Quantity (ID/IQ) Firm Fixed Price (FFP) Rates

B.4 Contract Value and Funding

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope of Work

C.2 Data Requirements List (DRL)

SECTION D – PACKAGING AND MARKING

D.1 NFS 1852.245-74 Identification and Marking of Government Equipment (JAN 2011) . 12

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES AND PERFORMANCE

F.1 Clauses Incorporated by Reference

F.2 Place of Performance – Services

F.3 Period of Performance – Services

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Clauses Incorporated by Reference

G.2 NFS 1852.245-71 Installation-Accountable Government Property. (JAN 2011)

G.3 NFS 1852.245-73 Financial Reporting of NASA Property in the Custody of

Contractors. (JAN 2017)

G.4 NFS 1852.245-77 List of Government Property Furnished Pursuant to FAR 52.245-2.

(JAN 2011)

G.5 NFS 1852.245-81 List of available Government property. (JAN 2011)

G.6 NFS 1852.245-82 Occupancy Management Requirements. (SEP 2017)

G.7 Submission of Invoices for Payment

SECTION H – SPECIAL REQUIREMENTS

H.1 Clauses Incorporated by Reference 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):

H.2 NFS 1852.225-70 Export Licenses. (FEB 2000)

H.3 NFS 1852.232-77 Limitation of Funds (Fixed-Price Contract) (MAR 1989)

H.4 KSC 52.242-90 Controls Applicable to Contractors Activities (JUN 2016)

H.5 KSC 52.242-93 Contractor Workforce Report- Onside Contractors and Subcontractors

(OCT 2006) - Alternate I (JUL 2011)

H.6 KSC 52.245-90 Management of NASA-Owned/Contractor-Held Records (FEB 2012)

H.7 KSC 52.245-97 Records Management (MAR 2016)

H.8 KSC 52.223-121 Reporting of Incidents Involving Workplace Violence (NOV 2016) 26

H.9 National Labor Relations Act

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

I.2 FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or

Executive Orders—Commercial Items. (JAN 2018)

I.4 ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS-

COMMERCIAL ITEMS (JAN 2017)

I.5 FAR 52.217-8 Option to Extend Services. (NOV 1999)

I.6 FAR 52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

I.7 FAR 52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 2014)

I.8 52.232-19 Availability of Funds for the Next Fiscal Year. (APR 1984)

I.9 FAR 52.245-2 Government Property Installation Operation Services (APR 2012)

I.10 FAR 52.252-6 Authorized Deviations in Clauses. (APR 1984)

I.11 NFS 1852.215-84 Ombudsman. (NOV 2011)

I.12 NFS 1852.237-73 Release of Sensitive Information. (JUN 2005)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

K.1 FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

K.2 FAR 52.203-2 Certificate of Independent Price Determination (APR 1985)

K.3 FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions. (SEPT 2007)

K.4 FAR 52.209-5 Certification Regarding Responsibility Matters. (OCT 2015)

K.5 FAR 52.209-7 Information Regarding Responsibility Matters. (JUL 2013)

K.6 FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016)

K-7 FAR 52.209-12 Certification Regarding Tax Matters. (FEB 2016)

K.8 FAR 52.212-3 Offeror Representations and Certifications—Commercial Items. (NOV

2017) Alternate I (OCT 2014)

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICE TO OFFERORS

L.1 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

L.2 52.216-1 Type of Contract. (APR 1984)

L.3 Small Business Considerations

L.4 Period Covered by Procurement

L.5 FAR 52.233-2 Service of Protest. (SEP 2006)

L.6 NFS 1852.215-81 Proposal Page Limitations. (APR 2015)

L.7 NFS 1852.233-70 Protests to NASA. (DEC 2015)

L.8 NFS 1852.245-80 Government Property Management Information. (JAN 2011)

Alternate I (JAN 2011)

L.9 Communications Regarding this Solicitation

L.10 Proposal Due Date

L.11 Offeror Acceptance Period

L.12 General Proposal Instructions

L.13 Methods of Proposal Delivery

L.14 Oral Proposals and Presentations

L.15 Proposal Content

L.16 Volume I – Technical Capability

L.17 Volume II – Price

L.18 List of Attachments

SECTION M – EVALUATIONS

EVALUATION FACTORS FOR AWARD

M.1 Solicitation Provisions Incorporated by Reference

M.2 Proposal Evaluation

80KSC018R0014 (KGPC II) SECTION B

PART I - SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COST

B.1 Supplies or Services/Prices.

The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to perform the requirements set forth in the

KSC Grounds and Pest Contract II (KGPC II) Performance Work Statement (PWS) incorporated as attachment J-01.

Table B.1-1 Schedule of Services

(To be completed by the Offeror, should reconcile to attachment L-01)

Phase-In

CLIN

DESCRIPTION OF SUPPLIES

or SERVICES QTY UNIT

UNIT

PRICE AMOUNT

0000 Phase-In Activities 1 Month

Total for Phase-In Period

(09/01/18 – 09/30/18)

Base Period

CLIN

DESCRIPTION OF SUPPLIES

or SERVICES QTY UNIT

UNIT

PRICE AMOUNT

0001 Grounds Mowing and Landscaping 12 Month

0002 Pest Control 12 Month

0003 ID/IQ – See Table B.3-1 1 Yr NTE $300,000

Total for Base Period

(10/01/18 – 09/30/19)

Option Period 1

DESCRIPTION OF SUPPLIES or

SERVICES QTY UNIT

UNIT

PRICE AMOUNT

1001 Grounds Mowing and Landscaping 12 Month

1002 Pest Control 12 Month

1003 ID/IQ – See Table B.3-1 1 Yr NTE $300,000

Total for Option Period 1

(10/01/19 – 09/30/20)

Option Period 2

DESCRIPTION OF SUPPLIES or

SERVICES QTY UNIT

UNIT

PRICE AMOUNT

2001 Grounds Mowing and Landscaping 12 Month

2002 Pest Control 12 Month

2003 ID/IQ – See Table B.3-1 1 Yr NTE $300,000

Total for Option Period 2

(10/01/20 – 09/30/21)

Option 3 Period

DESCRIPTION OF SUPPLIES or

SERVICES QTY UNIT

UNIT

PRICE AMOUNT

3001 Grounds Mowing and Landscaping 12 Month

3002 Pest Control 12 Month

3003 ID/IQ – See Table B.3-1 1 Yr NTE $300,000

Total for Option Period 3

(10/01/21 – 09/30/22)

Option 4 Period

DESCRIPTION OF SUPPLIES or

SERVICES QTY UNIT

UNIT

PRICE AMOUNT

4001 Grounds Mowing and Landscaping 12 Month

4002 Pest Control 12 Month

4003 ID/IQ – See Table B.3-1 1 Yr NTE $300,000

Total for Option Period 4

(10/01/22 – 09/30/23)

SUMMARY – Phase-In, Base Period and Option 1 thru Option 4

DESCRIPTION OF SUPPLIES

or SERVICES QTY UNIT

UNIT

PRICE AMOUNT

Phase-In Period

0 KGPC II Base Period

1 KGPC II Option Period 1

2 KGPC II Option Period 2

3 KGPC II Option Period 3

4 KGPC II Option Period 4

Total for Phase-In, Base Period and Option 1 thru Option 4 and ID/IQ Schedule

(All Years)

B.2 FAR 1852.216-78 Firm Fixed Price. (DEC 1988)

The total firm fixed price of this contract is identified in clause B.1 (above)

B.3 Indefinite delivery/Indefinite Quantity (ID/IQ) Firm Fixed Price (FFP) Rates

The purpose of this clause is to set forth Firm-Fixed Price (FFP) fully burdened rates identified in the Table B.3-1 below, for all ID/IQ CLINS, to be used by the Government in ordering additional requirements as needed.

Table B.3-1 ID/IQ/FFP Rates

(To be completed by the offeror)

ID/IQ

Services Reference Qty

Base

Period

Option

Option

Option

Option

0003a

Mowing Near

Buildings

Attachment J-09.1

Acre

0003b

Mowing

Roadways and

Open Fields

Attachment J-09.2

Acre

0003c

Maintain/trim

Tree -Small

Attachment J-01

Sect 2.6 & 4.1 Each

0003d

Maintain/trim

Tree - Medium

Attachment J-01

Sect 2.6 & 4.1 Each

0003e

Maintain/trim

Tree - Large

Attachment J-01

Sect 2.6 & 4.1 Each

0003f

Tree Removal -

Small

Attachment J-01

Sect 4.1 Each

0003g

Tree Removal -

Medium

Attachment J-01

Sect 4.1 Each

0003h

Tree Removal -

Large

Attachment J-01

Sect 4.1 Each

0003i

Emergency

Clean Up

Attachment J-01

Sect 4.5 Hour

0003j

Fire Line

Clearing

Attachment J-01

Sect 4.4 Acre

0003k Land Clearing

Attachment J-01

Sect 4.3 Acre

0003l Pest Control

Attachment J-01

Sect 4.6 Hour

003m

Pest Control -residual

Mosquito

Attachment J-01

Sect 4.6

Acre

003n

Pest Control –

Mosquito

Fogging

Attachment J-01

Sect 4.6

Acre

003o Landscaping

Attachment J-01

Sect 2.3 Acre

003p

Repair and

Replacement of

Grass Area

Attachment J-01

Sect 4.2

Acre

B.4 Contract Value and Funding.

The amounts allotted by the Government to this contract are specified in Table B.4-1, Contract Value and Funding.

Table B.4-1 Contract Value and Funding

Table to be added at contract start

[End of Section]

80KSC018R0014 (KGPC II) SECTION C

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope of Work

The contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to perform the requirements set forth in the KSC Grounds and Pest Contract II (KGPC II) performance work statement (PWS) incorporated as Attachment J-01.

C.2 Data Requirements List (DRL)

The contractor shall furnish all data identified and described in Attachment J-02, Data

Requirements List/Data Requirements Document (DRL/DRD) for KGPC II, and all costs associated therewith are included in the price of the contract.

The Government reserves the right to delay the date of delivery of any or all DRDs specified in the DRL and such right may be exercised at no increase in the price. The

Government also reserves the right to terminate the requirement for any or all DRDs specified in the DRL. In the event the Government exercises this latter right, the price shall be decreased in accordance with the Changes Clause.

To the extent that data required to be delivered under a DRL/DRD is also required to be delivered under another clause of the contract, the requirements established by both the

DRL/DRD and such other contract clause shall apply. In the event of a conflict between the data requirements of the DRL/DRD and another contract clause, the contract clause shall take precedence. In the event of a conflict between the data requirements of the

DRL/DRD and PWS, the PWS shall take precedence.

Nothing contained in this DRL clause shall relieve the contractor from delivering data that is not identified and described in the DRL/DRD but required under another clause of the contract.

Each DRD report will be submitted in its native format (i.e., MS Word, MS Excel, etc.)

and include the following information:

• Contract Number

• Contract Name

• Contractor Name

• DRD Date (date submitted)

• DRD Title (Description)

• DRD Number

[END OF SECTION]

80KSC018R0014 (KGPC II) SECTION D

SECTION D – PACKAGING AND MARKING

D.1 NFS 1852.245-74 Identification and Marking of Government Equipment (JAN 2011)

(a) The Contractor shall identify all equipment to be delivered to the Government using

NASA Technical Handbook (NASA-HDBK) 6003, Application of Data Matrix

Identification Symbols to Aerospace Parts Using Direct Part Marking

Methods/Techniques, and NASA Standard (NASA-STD) 6002, Applying Data

Matrix Identification Symbols on Aerospace Parts or through the use of commercial marking techniques that: (1) are sufficiently durable to remain intact through the typical lifespan of the property: and, (2) contain the data and data format required by the standards. This requirement includes deliverable equipment listed in the schedule and other equipment when no longer required for contract performance and NASA directs physical transfer to NASA or a third party. The Contractor shall identify property in both machine and human readable form unless the use of a machine readable-only format is approved by the NASA Industrial Property Officer.

(b) Equipment shall be marked in a location that will be human readable, without disassembly or movement of the equipment, when the items are placed in service unless such placement would have a deleterious effect on safety or on the item's operation.

(c) Concurrent with equipment delivery or transfer, the Contractor shall provide the following data in an electronic spreadsheet format:

(1) Item Description.

(2) Unique Identification Number (License Tag).

(3) Unit Price.

(4) An explanation of the data used to make the unique identification number.

(d) For equipment no longer needed for contract performance and physically transferred under paragraph (a) of this clause, the following additional data is required:

(1) Date originally placed in service.

(2) Item condition.

(e) The data required in paragraphs (c) and (d) of this clause shall be delivered to the NASA center receiving activity listed below:

Transportation Officer, NASA

C/O ISC Warehouse, Building M6-744

Kennedy Space Center, FL 32899

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

80KSC018R0014 (KPSC II) SECTION E

SECTION E – INSPECTION AND ACCEPTANCE

Reserved

80KSC018R0014 (KPSC II) SECTION F

SECTION F – DELIVERIES AND PERFORMANCE

F.1 Clauses Incorporated by Reference

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

• Federal Acquisition Regulation (FAR) clauses: https://www.acquisition.gov/browsefar

• NASA FAR Supplement (NFS) clauses:

https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

The contract clauses incorporated by reference are as follows:

Clause Number Date Title

FAR 52.242-15 AUG 1989 Stop-Work Order

FAR 52.242-17 APR 1984 Government Delay of Work

F.2 Place of Performance – Services

The place of performance shall be the Kennedy Space Center and surrounding areas, additional locations described in Attachment J-01, PWS, and at such other locations as may be approved in writing by the Contracting Officer.

F.3 Period of Performance – Services

The base period of performance of this contract is October 1, 2018 through September 30, 2019, with four (4) one-year options thereafter. A 30-day phase-in period prior to performance start is scheduled.

CLIN Contract Period Period

0 Phase-In 09/01/2018 – 09/30/2018

0001-0003 Base Year 10/01/2018 – 09/30/2019

1001-1003 Option 1 10/01/2019 – 09/30/2020

2001-2003 Option 2 10/01/2020 – 09/30/2021

3001-3003 Option 3 10/01/2021 – 09/30/2022

4001-4003 Option 4 10/01/2022 – 09/30/2023 https://www.acquisition.gov/browsefar

80KSC018R0014 (KGPC II) SECTION G

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Clauses Incorporated by Reference

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

• Federal Acquisition Regulation (FAR) clauses: http://www.acqnet.gov/far/ http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm

Clause

Number Date Title

1852.245-75 JAN 2011 Property Management Changes

1852.245-78 AUG 2015 Physical Inventory of Capital Personal Property

G.2 NFS 1852.245-71 Installation-Accountable Government Property. (JAN 2011)

(a) The Government property described in paragraph (c) of this clause may be made available to the Contractor on a no-charge basis for use in performance of this contract. This property shall be utilized only within the physical confines of the NASA installation that provided the property unless authorized by the Contracting Officer under (b)(1)(iv). Under this clause, the

Government retains accountability for, and title to, the property, and the Contractor shall comply with the following:

NASA Procedural Requirements (NPR) 4100.1, NASA Materials Inventory Management

Manual;

NASA Procedural Requirements (NPR) 4200.1, NASA Equipment Management

Procedural Requirements;

NASA Procedural Requirement (NPR) 4300.1, NASA Personal Property Disposal

Procedural Requirements;

Property not recorded in NASA property systems must be managed in accordance with the requirements of the clause at FAR 52.245-1, as incorporated in this contract. The Contractor shall establish and adhere to a system of written procedures to assure continued, effective management control and compliance with these user responsibilities. In accordance with

FAR 52.245-1(h)(1) the contractor shall be liable for property lost, damaged, destroyed or http://www.acqnet.gov/far/ stolen by the contractor or their employees when determined responsible by a NASA

Property Survey Board, in accordance with the NASA guidance in this clause.

(b)(1) The official accountable recordkeeping, financial control, and reporting of the property subject to this clause shall be retained by the Government and accomplished within

NASA management information systems prescribed by the installation Supply and

Equipment Management Officer (SEMO) and Financial Management Officer. If this contract provides for the Contractor to acquire property, title to which will vest in the

Government, the following additional procedures apply:

(i) The Contractor's purchase order shall require the vendor to deliver the property to the installation central receiving area.

(ii) The Contractor shall furnish a copy of each purchase order, prior to delivery by the vendor, to the installation central receiving area.

(iii) The Contractor shall establish a record for Government titled property as required by FAR 52.245-1, as incorporated in this contract, and shall maintain that record until accountability is accepted by the Government.

(iv) Contractor use of Government property at an off-site location and off-site subcontractor use requires advance approval of the Contracting Officer and notification of the Industrial Property Officer. The property shall be considered Government furnished and the Contractor shall assume accountability and financial reporting responsibility. The Contractor shall establish records and property control procedures and maintain the property in accordance with the requirements of FAR 52.245-1, Government

Property (as incorporated in this contract), until its return to the installation.

NASA Procedural Requirements related to property loans shall not apply to offsite use of property by contractors.

(2) After transfer of accountability to the Government, the Contractor shall continue to maintain such internal records as are necessary to execute the user responsibilities identified in paragraph (a) of this clause and document the acquisition, billing, and disposition of the property. These records and supporting documentation shall be made available, upon request, to the SEMO and any other authorized representatives of the Contracting Officer.

(c) The following property and services are provided if checked:

(1) Office space, work area space, and utilities. Government telephones are available for official purposes only.

(2) Office furniture.

(3) Property listed in

(i) If the Contractor acquires property, title to which vests in the Government pursuant to other provisions of this contract, this property also shall become accountable to the Government upon its entry into Government records.

(ii) The Contractor shall not bring to the installation for use under this contract any property owned or leased by the Contractor, or other property that the

Contractor is accountable for under any other Government contract, without the Contracting Officer's prior written approval.

(4) Supplies from stores stock.

(5) Publications and blank forms stocked by the installation.

(6) Safety and fire protection for Contractor personnel and facilities.

(7) Installation service facilities: None

(8) Medical treatment of a first-aid nature for Contractor personnel injuries or illnesses sustained during on-site duty.

(9) Cafeteria privileges for Contractor employees during normal operating hours.

(10) Building maintenance for facilities occupied by Contractor personnel.

(11) Moving and hauling for office moves, movement of large equipment, and delivery of supplies. Moving services may be provided on-site, as approved by the Contracting Officer.

(End of Clause)

G.3 NFS 1852.245-73 Financial Reporting of NASA Property in the Custody of

Contractors. (JAN 2017)

(a) The Contractor shall submit annually a NASA Form (NF) 1018, NASA Property in the Custody of Contractors, in accordance with this clause, the instructions on the form and NFS subpart 1845.71, and any supplemental instructions for the current reporting period issued by NASA.

(b)(1) Subcontractor use of NF 1018 is not required by this clause; however, the

Contractor shall include data on property in the possession of subcontractors in the annual NF1018.

(2) The Contractor shall mail the original signed NF 1018 directly to the cognizant NASA Center Industrial Property Officer and a copy to the cognizant

NASA Center Deputy Chief Financial Officer, Finance, unless the Contractor uses the

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

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

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

NASA, John F. Kennedy Space Center

ATTN: SI-C4/John Kelley

Industrial Property Officer

Kennedy Space Center, FL 32899 unless the Contractor uses the NF 1018 Electronic Submission System (NESS) for report preparation and submission.

(c)(1) The annual reporting period shall be from October 1 of each year through

September 30 of the following year. The report shall be submitted in time to be received by October 31st. The information contained in these reports is entered into the NASA accounting system to reflect current asset values for agency financial statement purposes.

Therefore, it is essential that required reports be received no later than October 31st.

(2) Some activity may be estimated for the month in which the report is submitted, if necessary, to ensure the NF 1018 is received when due. However, contractors’ procedures must document the process for developing these estimates based on planned activity such as planned purchases or NASA Form 533 (NF 533)

Contractor Financial Management Report) cost estimates. It should be supported and documented by historical experience or other corroborating evidence, and be retained in accordance with FAR Subpart 4.7, Contractor Records Retention. Contractors shall validate the reasonableness of the estimates and associated methodology by comparing them to the actual activity once that data is available, and adjust them accordingly. In addition, differences between the estimated cost and actual cost must be adjusted during the next reporting period. Contractors shall have formal policies and procedures, which address the validation of NF 1018 data, including data from subcontractors, and the identification and timely reporting of errors. The objective of this validation is to ensure that information reported is accurate and in compliance with the NASA FAR Supplement. If errors are discovered on NF 1018 after submission, the contractor shall contact the cognizant NASA Center Industrial

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

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

(4) The Contracting Officer may, in NASA’s interest, withhold payment until a reserve not exceeding $25,000 or 5 percent of the amount of the contract, whichever is less, has been set aside, if the Contractor fails to submit annual NF 1018 reports in accordance with NFS subpart 1845.71, any monthly report in accordance with (c)(3) of this clause, and any supplemental instructions for the current reporting period issued by NASA. Such reserve shall be withheld until the Contracting Officer has determined that NASA has received the required reports. The withholding of any amount or the subsequent payment thereof shall not be construed as a waiver of any Government right.

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

G.4 NFS 1852.245-77 List of Government Property Furnished Pursuant to FAR

52.245-2. (JAN 2011)

For performance of work under this contract, the Government will make available

Government property identified below or in Attachment J-06 of this contract on a no charge-for-use basis pursuant to FAR 52.245–2, Government Property Installation

Operation Services, as incorporated in this contract. The Contractor shall use this property in the performance of this contract at KSC, and at other location(s) as may be approved by the Contracting Officer.

(See Attachment J-06).

(End of Clause)

G.5 NFS 1852.245-81 List of available Government property. (JAN 2011)

(a) The Government will make the Government property listed in Attachment J-06 available for use in performance of the contract resulting from this solicitation, on a no-charge-for-use basis in accordance with FAR 52.245-1, Government Property, included in this solicitation. The offeror shall notify the Government, as part of its proposal, of its intention to use or not use the property.

(b) The Government will make the following Government property available for use in performance of the contract resulting from this solicitation, on a no-charge-for-use basis in accordance with FAR 52.245-2, Government Property Installation Operation Services, as included in this solicitation. The offeror shall notify the Government of its intention to use or not use the property.

(c) The selected Contractor will be responsible for costs associated with transportation, and installation of the property listed in this provision.

G.6 NFS 1852.245-82 Occupancy Management Requirements. (SEP 2017)

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

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

(2) NPR 8831.2, Facility Maintenance Management.

(b) The Contractor shall obtain the written approval of the Contracting Officer (CO) before installing or removing Contractor-owned property onto or into any Government real property or when movement of Contractor-owned property may damage or destroy

Government-owned property. The Contractor shall restore damaged property to its original condition at the Contractor's expense.

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

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

Officer.

G.7 Submission of Invoices for Payment

(a) The Contractor shall submit all 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.

(b) Improper invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in an invoices 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 (a) of this section.

(c) In the event that amounts are withheld from payment in accordance with provisions of this award, a separate payment request for the amount withheld will be required before payment for that amount may be made.

In addition to submitting the invoice to the designated billing office listed above, the contractor shall also submit the invoice to the following personnel:

Mail Code: OP-OS Contracting Officer

Mail Code: SI-E3 Contracting Officer’s Representative

Mail Code: SI-I2 KGPC II Resource Analyst https://www.nssc.nasa.gov/vendorpayment

80KSC018R0014 (KGPC II) SECTION H

SECTION H – SPECIAL REQUIREMENTS

H.1 Clauses Incorporated by Reference

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

• Federal Acquisition Regulation (FAR) clauses: http://www.acqnet.gov/far/

Clause

Number Date Title

NFS 1852.223-70 DEC 2015 Safety and Health Measures and Mishap Reporting

NFS 1852.223-75 FEB 2002

Alternate 1

FEB 2006

Major Breach of Safety or Security

NFS 1852.242-72 OCT 2015 Denied Access To NASA Facilities

H.2 NFS 1852.225-70 Export Licenses. (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 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 KSC, 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.

http://www.acqnet.gov/far/

(End of Clause)

H.3 NFS 1852.232-77 Limitation of Funds (Fixed-Price Contract) (MAR 1989)

(a) Of the total price of items through , the sum of $ 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 in accordance with the following schedule, until the total price of said items is allotted:

SCHEDULE FOR ALLOTMENT OF FUNDS

Date Amounts

(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 .

(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 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 in amounts sufficient for the timely performance of this contract, the Contractor incurs additional costs or is delayed in the performance of the work under this contract, and if additional funds are allotted, an equitable adjustment shall be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the items to be delivered, or in the time of delivery, or both.

(f) The Government may at any time before termination, and, with the consent of the

Contractor, after notice of termination, allot additional funds for this contract.

(g) The provisions of this clause with respect to termination shall in no way be deemed to limit the rights of the Government under the default clause of this contract. The provisions of this Limitation of Funds clause are limited to the work on and allotment of funds for the items set forth in paragraph (a) of this clause. This clause shall become inoperative upon the allotment of funds for the total price of said work except for rights and obligations then existing under this clause.

(h) Nothing in this clause shall affect the right of the Government to terminate this contract pursuant to the Termination for Convenience of the Government clause of this contract.

(End of Clause)

H.4 KSC 52.242-90 Controls Applicable to Contractors Activities (JUN 2016)

The Contractor shall comply with the publications below, and subsequent revision thereof, that the Contracting Officer has indicated as being incorporated in this contract by reference. These publications prescribe regulatory and procedural criteria which are applicable to this contract. The Contractor shall promptly take corrective action upon notice of noncompliance from the Contracting Officer or his/her authorized representative(s) with any provision of the publications listed below.

The following compliance documents may be found at:

http://procurement.ksc.nasa.gov/PPD/documents http://procurement.ksc.nasa.gov/PPD/documents

KNPR 8715.2, Comprehensive Emergency Management Plan

KNPR 1600.1, KSC Security Procedural Requirements

KNPR 8500.1, KSC Environmental Management

KNPR 8715.3-1, Volume 1, KSC Safety Practices Procedural Requirements

KNPR 8715.5, KSC Personal Protective Equipment (PPE) Procedural Requirements

Check if applicable:

[X]KNPD 1810.1 KSC Occupational Medicine Program

[ ]KNPR 1860.1 KSC Ionizing Radiation Protection Program

[ ]KNPR 1860.2 KSC Nonionizing Radiation Protection Program

[X]KNPR 1820.3 KSC Hearing Loss Prevention Program

[X]KNPR 1820.4 KSC Respiratory Protection Program

[X]KNPR 1840.19 KSC Industrial Hygiene Programs

[ ]45SWI40-201 45th Space Wing Instruction 40-201 Radiation Protection Program

[X]KNPD 1840.1 KSC Hazard Communication Program

[ ] KNPR 1870.1 KSC Sanitation Program

[ ]KNPR 2570.1 KSC Radio Frequency Spectrum Management Procedural

Requirements

[X]KNPR 4000.1 Supply and Equipment System Manual

[X]KNPR 6000.1 Transportation Support System

[X]KNPR 8715.7 KSC Construction Contractor Safety and Health Practices Procedural

Requirements

[X]KNPR 8830.1 Facilities and Real Property Management Procedural Requirements

H.5 KSC 52.242-93 Contractor Workforce Report- Onside Contractors and

Subcontractors (OCT 2006) - Alternate I (JUL 2011)

The Contractor shall submit, on a quarterly basis, a manpower report delineating information about its workforce. The report shall include: the contract number, the contractor's total on-site workforce, total on-site union represented employees by bargaining unit, total on-site non-union represented employees, and total off-site workforce performing on the contract. The Contractor shall provide this information no later than 10 days after the close of each reporting period which end March 31st, June 30th, September 30th, and December 31st. The report shall be submitted to the Contracting Officer with copies to Workforce Planning and Analysis Office, (Code BA-D) and Industrial Labor Relations Office (Code OP-AM).

The Contractor is required to maintain information on specific Points of Contact (POC) for the contracted effort in a NASA managed database. The database contains POC information for specific Contractor functions to include: Local Contractor Manager and Deputy (senior on-site contract management POCs for top level NASA KSC contact), Contracting Manager (this is the interface on contract matters with the NASA Contracting Officer), HR Manager, Security

Manager, Emergency Planning Manager (or identification/contact information for the Contractor manager performing this role), and the person responsible for input of this Contractor information into the database. Within three weeks of contract award the Contractor shall provide the name of the person who will enter the POC information into the NASA database to the

Contracting Officer and to NASA Procurement Policy and Review Office, OP-AM, 867-7217.

This person must be able to access (or be scheduled to gain access to) KSC systems. Access to the database and instruction will be provided to the Contractor by OP-AM. Upon commencement of the contract the Contractor will be responsible for keeping the POC information pertaining to the specific contract accurate and up to date. Changes to the person responsible for input of this Contractor POC information must be immediately brought to the attention of OP-AM.

H.6 KSC 52.245-90 Management of NASA-Owned/Contractor-Held Records (FEB 2012)

(a) NASA-owned/Contractor-held records shall be maintained by the Contractor in accordance with the instructions set forth in the latest editions of NPD 1440.6, NASA Records

Management Program, NPR 1441.1, NASA Records Retention Schedules, and KNPR 1440.6, Records Management. As directed by the Contracting Officer, the Contractor shall obtain prior approval from the Contracting Officer to destroy or remove records subject to this clause.

(b) NASA-owned/Contractor-held records shall consist of documentation of Contractor activities and functions necessary for the performance of this contract, including, but not limited to, documentation of those day-to-day operating procedures that are essential to carrying out the statement of work and those actions, organizational structure, policies, decisions, operations, and activities necessary to perform or continue the work performed under the contract. NASA-owned/Contractor-held records shall not include those Contractor records that relate exclusively to the Contractor's internal business or are of a general nature not specifically related to the performance of work under the contract. The Contractor's general policies, procedures, etc., that apply to the general conduct of its business do not fall under the purview of this clause. When in doubt, the Contractor shall seek the Contracting Officer's determination as to which records are subject to this clause.

(c) The Contractor shall ensure that NASA-owned/Contractor-held records are segregated from company-owned records and from non-record materials. This clause operates independently from and is not intended to affect, or be effected by, the Contractor records provisions contained in FAR Subpart 4.7 and the clauses referenced therein.

(d) The Contractor, through the Contracting Officer, shall coordinate with the KSC Records

Manager, on matters requiring advice, such as marking and segregating such records, or technical assistance in all areas of management pertaining to such records.

(e) When the contractor generates NASA-owned/Contractor-held records, the contractor shall prepare and submit KSC Form 16-473V2, KSC Annual Summary of Record Holdings, to the

KSC Records Manager on an annual basis.

H.7 KSC 52.245-97 Records Management (MAR 2016)

The contractor shall ensure accurate and complete records of Government business are maintained in accordance with the NASA Procedural Requirement (NPR) 1441.1, NASA

Records Retention Schedules. This includes legacy, electronic and vital records. Records of

Government Business shall be segregated from company-owned records and from non-record materials, and the contractor shall provide NASA or authorized representatives access to all

Government records in accordance with Federal Acquisition Regulations (FAR) Subpart 4.7. The term "records" is defined as "all books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them. Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included." The Government reserves the right to inspect, audit, and copy record holdings.

The contractor shall complete, submit, and maintain a Records Management Program Plan for all data/records produced as part of this contract in accordance with DRD-09.

The contractor shall submit an annual Records Management Program File Plan to the NASA

KSC Records Manager in accordance with DRD-10.

At the completion or termination of this contract, or as required by the records retention schedule expiration, the contractor shall deliver Government records to the NASA KSC Records Manager in accordance with NASA Policy Directive (NPD) 1440.6 and Kennedy NASA Procedural

Requirement (KNPR) 1440.6.

The contractor shall contact the Contracting Officer, in order to obtain the NASA KSC Records

Manager's determination as to which records are subject to this Clause.

H.8 KSC 52.223-121 Reporting of Incidents Involving Workplace Violence (NOV 2016)

The contractor shall conduct training on and develop procedures for recognizing, managing and responding to incidents and threats of workplace violence as defined in NASA Policy Directive

(NPD) 1600.3. Contractors shall also promptly report all incidents involving workplace violence to the Protective Services Office. If the NASA Threat Assessment Team (TAT) Chair and Co-

Chair determine it is appropriate for the contractor to participate in a TAT meeting, the contractor shall comply with the TAT request. The contractor is also responsible for reporting disposition of the incident reported to the NASA TAT.

This requirement shall flow down to the subcontractors, however the subcontractors shall report up through the prime contractor.

H.9 National Labor Relations Act

(a) The selected contractor shall be required to comply with the requirements of the National

Labor Relations Act. Some of the service employees are represented by the following collective bargaining representative (Union): International Association of Machinists and Aerospace

Workers (IAM), AFL-CIO, District Lodge 166, and Local Lodge 2061 (the Union).

(b) As a Government contracting activity, NASA recognizes the rights afforded these individuals by the National Labor Relations Act. Therefore, the contractor agrees to maintain practices that are in compliance with these mandatory provisions of law.

80KSC018R0014 (KGPC II) SECTION I

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

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

Federal Acquisition Regulation (FAR) clauses: https://www.acquisition.gov/browsefar

NASA FAR Supplement (NFS) clauses:

https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

The contract clauses incorporated by reference are as follows:

Clause

Number Date Title

FAR 52.203-3 APR 1984 Gratuities

FAR 52.203-13 OCT 2015 Contractor Code of Business Ethics and Conduct

FAR 52.203-14 OCT 2015 Display of Hotline Posters(s)

FAR 52.203.17 APR 2014 Contractor Employee Whistleblower Rights and

Requirement to Inform Employees of Whistleblower

Rights

FAR 52.204-4 MAY 2011 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

FAR 52.204-9 JAN 2011 Personal Identity Verification of Contractor Personnel

FAR 52.212-4 JAN 2017 Contract Terms and Conditions - Commercial Items

FAR 52.217-8 NOV 1999 Option to Extend Services

FAR 52.223-2 SEP 2013 Affirmative Procurement of Biobased Products under

Service and Construction Contracts

FAR 52.223-3 JAN 1997

JUL 1995

Hazardous Material Identification and Material Safety

Date with Alternate I

FAR 52.223-5 MAY 2011 Pollution Prevention and Right-to-Know Information

FAR 52.223-10 MAY 2011 Waste Reduction Program

FAR 52.223-17 MAY 2008 Affirmative Procurement of EPA-designated Items in

Service and Construction Contracts

FAR 52.223-19 MAY 2011 Compliance with Environmental Management Systems

FAR 52.227-1 DEC 2007 Authorization and Consent

FAR 52.227-2 DEC 2007 Notice and Assistance Regarding Patent and Copyright

Infringement

FAR 52.228-5 JAN 1997 Insurance - Work on a Government Installation

FAR 52.229-3 FEB 2013 Federal, State, and Local Taxes

FAR 52.232-8 FEB 2002 Discounts for Prompt Payment https://www.acquisition.gov/browsefar

Clause

Number Date Title

FAR 52.232.11 APR 1984 Extras

FAR 52.232-18 APR 1984 Availability of Funds

FAR 52.232-40 DEC 2013 Providing Accelerated Payment to Small Business

Subcontractors

FAR 52.237-2 APR 1984 Protection of Government Buildings, Equipment, and

Vegetation

FAR 52.242-13 JUL 1995 Bankruptcy

FAR 52.245-1 JAN 2017 Government Property

FAR 52.245-9 APR 2012 Use and Charges

FAR 52.251-1 APR 2012 Government Supply Sources

FAR 52.253-1 JAN 1991 Computer Generated Forms

NFS1852.204-76 JAN 2011 Security Requirements for Unclassified Information

Technology Resources

NFS 1852.228-75 OCT 1998 Minimum Insurance Coverage

NFS 1852.237-70 DEC 1988 Emergency Evacuation Procedures

NFS 1852.237-72 JUN 2005 Access to Sensitive Information

I.2 FAR 52.212-5 Contract Terms and Conditions Required To Implement

Statutes or Executive Orders—Commercial Items. (JAN 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-

77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329…