RFP_80KSC019R0002.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

80KSC019R0002

Scott Syring 321-867-5024

OP-LS

DO-C9

See solicitation paragraph 6.2.12

Same as Block 9

NASA Shared Services Center (NSSC) Financial Management Division (FMD) – Accounts Payable Bldg 1111, C. Road Stennis Space Center, MS 39529 Email: NSSC-AccountsPayable@nasa.gov

Gateway Logistics Services See Section 1

481212

1500 employees

08/16/2019

10/01/2019

3:00 PM

NASA John F. Kennedy Space Center Procurement Office, Mail Code: OP-LS Attn: Scott Syring Kennedy Space Center, Florida 32899

THIS PAGE IS INTENTIONALLY BLANK

RFP 80KSC019R0002

Gateway Logistics Services

TABLE OF CONTENTS

SECTION 1 – CONTINUATION OF SF 1449

1.1 Schedule of Services

1.2 Gateway Logistics Services (GLS) Missions (CLIN 1)

1.2.1 Initial GLS Mission (SubCLIN 101)

1.2.2 Standard GLS Missions (SubCLIN 102)

1.2.3 Mission Unique Capabilities (SubCLIN 103)

1.3 Specialized Delivery Missions (CLIN 2)

1.4 Special Tasks and Studies (CLIN 3)

1.5 Indefinite Delivery Indefinite Quantity (IDIQ), Fixed-Price Contract

1.6 Guaranteed Minimum

1.7 Total Award Amount

1.8 GLS IDIQ Capabilities and Price Updates

SECTION 2 – FAR 52.212-4, CONTRACT TERMS AND CONDITIONS (OCT 2018)

2.1 TAILORED PARAGRAPHS IN 52.212-4

2.2 CLAUSE INCORPORATE VIA ADDENDUM TO 52.212-4

2.2.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

2.2.2 FAR 52.216-18 -- ORDERING (OCT 1995)

2.2.3 FAR 52.216-19 -- ORDER LIMITATIONS (OCT 1995)

2.2.4 FAR 52.216-22 -- INDEFINITE QUANTITY (OCT 1995)

2.2.5 RESERVED

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

CONCERNS (DEVIATION 19-02)

2.2.7 FAR 52.227-14 -- RIGHTS IN DATA-GENERAL (MAY 2014)—ALTERNATE II (DEC 2007) AND

ALTERNATE III (DEC 2007)

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

2.2.9 FAR 52.252-2 -- CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

2.2.10 FAR 52.252-6 -- AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

ACTIVITIES (OCT 2012)

2.2.12 NFS 1852.225-70 -- EXPORT LICENSES (FEB 2000)

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

2.2.14 NFS 1852.245–73 -- FINANCIAL REPORTING OF NASA PROPERTY IN THE CUSTODY OF

CONTRACTORS (JAN 2017)

2.2.15 NFS 1852.245-74 -- IDENTIFICATION AND MARKING OF GOVERNMENT EQUIPMENT (JAN 2011) .. 27

2.2.16 NFS 1852.245-76 -- LIST OF GOVERNMENT-FURNISHED PROPERTY PURSUANT TO FAR 52.245-1

(JAN 2011)

2.2.17 KSC 52.242-90 CONTROLS APPLICABLE TO CONTRACTOR'S ACTIVITIES (JUL 2018)

2.2.18 GATEWAY LOGISTICS TASK ORDERING PROCEDURES

2.2.19 NASA INSIGHT AND APPROVAL

2.2.20 MISSION SUCCESS DETERMINATION, INVESTIGATION, AND CORRECTIVE ACTIONS

2.2.21 PAYMENTS, EVENTS, AND COMPLETION CRITERIA

2.2.22 ADJUSTMENTS TO MISSION SCHEDULE

2.2.23 SECURITY FOR LAUNCH SERVICE PAYMENT FINANCING

2.2.24 ON-RAMP

2.2.25 DOMESTIC SOURCE REQUIREMENTS

2.2.26 GATEWAY LOGISTICS SERVICE READINESS ASSESSMENT

2.2.27 GOVERNMENT’S RIGHT TO REMOTELY SENSED DATA

2.2.28 USE OF GOVERNMENT PROPERTY, FACILITIES, ASSETS, OR SERVICES

2.2.29 CONTRACTOR OBJECTIVES ON GATEWAY LOGISTICS SERVICES (GLS) MISSIONS

2.2.30 PUBLIC AFFAIRS

2.2.31 LICENSES, PERMITS, AND INSURANCE FOR A LAUNCH SERVICE OPERATOR

2.2.32 SPECIAL UNDERSTANDING REGARDING DAMAGE TO GOVERNMENT PAYLOADS

2.2.33 SPECIAL UNDERSTANDING REGARDING LIABILITY FOR THIRD PARTY CLAIMS FOR NUCLEAR

INCIDENTS

2.2.34 KENNEDY SPACE CENTER BADGING ISSUANCE AND IDENTITY VERIFICATION PROCESS

2.2.35 ASSOCIATE CONTRACTOR AGREEMENTS

SECTION 3 – FAR 52.212-5 ATTACHMENT

SECTION 4 - LIST OF DOCUMENTS AND OTHER ATTACHMENTS

SECTION 5 – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

BIDDERS

5.1 LISTING OF PROVISIONS INCORPORATED BY REFERENCE

5.2 FAR 52.204-20 PREDECESSOR OF OFFEROR (JULY 2016)

5.3 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

5.4 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

5.5 FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY

OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

5.6 FAR 52.209-12 – CERTIFICATION REGARDING TAX MATTERS (FEB 2016)

5.7 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (OCT

2018) ALTERNATE I (OCT 2014)

5.8 ADDENDUM TO FAR 52.212-3, DOMESTIC SOURCE CERTIFICATION

5.9 FAR 52.222-38 COMPLIANCE WITH VETERANS’ EMPLOYMENT REPORTING REQUIREMENTS (FEB

2016)

5.10 FAR 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER

SOFTWARE

SECTION 6 – FAR 52.212-1 INSTRUCTIONS TO OFFERORS (OCT 2018)

6.1 TAILORED PARAGRAPHS IN 52.212-1

6.2 PROVISIONS INCORPORATED VIA ADDENDUM TO 52.212-1

6.2.1 LISTING OF PROVISIONS INCORPORATED BY REFERENCE

6.2.2 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

6.2.4 FAR 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER

THAN CERTIFIED COST OR PRICING DATA (OCT 2010) – ATERNATE IV (OCT 2010)

6.2.5 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

6.2.6 FAR 52.216-27 SINGLE OR MULTIPLE AWARDS (Oct 1995)

6.2.7 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

6.2.8 NFS 1852.233-70 PROTESTS TO NASA (DEC 2015)

6.2.9 NFS 1852.245-80 GOVERNMENT PROPERTY MANAGEMENT INFORMATION (JAN 2011)

6.2.10 NFS 1852.245-81 LIST OF AVAILABLE GOVERNMENT PROPERTY (JAN 2011)

6.2.11 NFS 1852.215-81 PROPOSAL PAGE LIMITATIONS (Apr 2015)

6.2.12 KSC 52.214-90 DELIVERY INSTRUCTIONS FOR BIDS / PROPOSALS (JUL 2018)

6.2.13 PROPOSAL DUE DATE

6.2.14 COMMUNICATIONS REGARDING THIS SOLICITATION

6.2.15 PROPOSAL CONTENT

SECTION 7 - EVALUATION FACTORS FOR AWARD

7.1 MINIMUM CONTRACT REQUIREMENTS

7.2 GENERAL CRITERIA

7.3 ADDENDUM TO FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)

LIST OF CONRACT TABLES

Table 1-1: Contract Line Item Numbers (CLINs) 4 Table 1-2: Initial GLS Mission Pricing 4 Table 1-3: Standard GLS Missions Pricing 5 Table 1-4: Mission Unique Capabilities Pricing 5 Table 1-5: Special Tasks and Studies Labor Rates 6 Table 2-1: Initial GLS Mission Payment Schedule (SubCLIN 101) 36 Table 2-2: Standard GLS Mission Payment Schedule (SubCLIN 102) 37 Table 2-3: Standard Launch Windows 37 Table 2-4: Grace Days 38 Table 2-5: Contractor and NASA Delay Days 39

RFP 80KSC019R0002 Section 1

SECTION 1 – CONTINUATION OF SF 1449

1.1 Schedule of Services

The Contractor shall provide all services, facilities, and resources (except as may be expressly stated in this contract as furnished by the Government) necessary to furnish the Contract Line Item Numbers (CLINs) below in accordance with the Statement of Work (SOW) and Documents attached hereto.

CLIN

Description of

Supplies and Service

Max Qty

Unit

Unit Price

Total Amount

1 Gateway Logistics Services Missions TBD Lot 101 Initial GLS Mission 1 Each See Table 1-2 See Table 1-2 102 Standard GLS Missions TBD Each See Table 1-3 See Table 1-3 103 Mission Unique Capabilities TBD Each See Table 1-4 See Table 1-4 2 Specialized Delivery Missions 3 Special Tasks and Studies TBD Each See Table 1-5 See Table 1-5

Table 1-1: Contract Line Item Numbers (CLINs)

1.2 Gateway Logistics Services (GLS) Missions (CLIN 1)

A single mission price will be established under a Gateway Logistics Task Order (GLTO) based on the proposed price for services required under subCLINs 101-103.

1.2.1 Initial GLS Mission (SubCLIN 101)

Initial certification of GLS requirements to include delivery of a logistics vehicle via Commercial Launch Vehicle (CLV) to Gateway, six month docked operations, and autonomous disposal. CLV shall have one successful flight of a common launch vehicle configuration before the Initial GLS mission. NASA will provide Authority to Proceed (ATP) for missions during the calendar year ordered; however, NASA may elect to delay ATP to a later date. If ATP is delayed to a later order year, then the task order price shall be adjusted to the order year price effective when ATP is issued.

FIXED-PRICE IN CALENDAR YEAR ORDERED

SubCLIN 101 2020 2021 2022 2023

Initial GLS Mission TBP TBP TBP TBP

Table 1-2: Initial GLS Mission Pricing

1.2.2 Standard GLS Missions (SubCLIN 102)

Standard logistics service requirements needed after the Initial GLS mission to include delivery of a logistics vehicle via CLV to Gateway, six month docked operations, and autonomous disposal. CLV shall have one successful flight of a common launch vehicle configuration before each Standard GLS Missions.

NASA will provide ATP for missions during the calendar year ordered; however, NASA may elect to delay ATP to a later date. If ATP is delayed to a later order year, then the task order price shall be adjusted to the order year price effective when ATP is issued.

FIXED-PRICE IN CALENDAR YEAR ORDERED

SubCLIN 102 2020 2021 2022 2023 2024 2025 Standard GLS Missions TBP TBP TBP TBP TBP TBP

Note: When a mission includes Common GLS Configuration changes, the work plan may be updated to include Common Configuration Integration Reviews at NASA’s discretion. When a Common GLS Confiugration Change is contractor driven, these events will be performed at no additional cost to the Standard GLS Missions price.

Table 1-3: Standard GLS Missions Pricing

The Government shall have the right to order Standard GLS Missions at the prices identified above based on the year ordered. The Contractor may propose more favorable prices or discount terms in response to specific requests for launch service proposals competed in accordance with clause 2.2.15, Gateway Logistics Task Ordering Procedures.

1.2.3 Mission Unique Capabilities (SubCLIN 103)

CLIN provides capabilities over and above logistic service requirements obtained under subCLINs 101 and 102. The list is not all inclusive of capabilities that may be needed over the life of the contract. The Government shall have the right to order Mission Unique Capabilities to complement the requirements of a GLS Mission at the time the mission is ordered or thereafter without further competition.

Table 1-4: Mission Unique Capabilities Pricing

FIXED-PRICE BY CALENDAR YEAR ORDERED

SubCLIN 103 2020 2021 2022 2023 2024 2025

Additional 3-month docked operations TBP TBP TBP TBP TBP TBP Fast Transit to Gateway (if capability not in baseline service)

TBP TBP TBP TBP TBP TBP

Sample Return EVA Translation Path/Anchor Points Late cargo load Gateway refueling Undock, maneuver, and re-dock Co-manifested SLS Launch Miscellaneous capabilities

1.3 Specialized Delivery Missions (CLIN 2)

Specialized logistic services for delivering other Gateway elements. CLV shall have three successful flights of a common launch vehicle configuration before each Specialized Delivery Mission. Pricing for these missions will be obtained in accordance with clause 2.2.18, Gateway Logistics Task Ordering Procedures.

(NOTE: Pricing for Robotic Arm integration and delivery to Gateway will be obtained after award of the basic contract.)

1.4 Special Tasks and Studies (CLIN 3)

Firm Fixed-Price Labor Rate (Composite Skill Mix and Burden). The three categories of fully burdened labor rates (to include profit) allow for a different mix of technical and administrative support to complete task orders under this subCLIN. Rates will be applied to hours negotiated for requirements as defined at the task order.

LABOR RATE BY CALENDAR YEAR

ORDERED

COMPOSITE LABOR

CATEGORY

(% TECHNICAL / %

ADMINISTRATIVE)

2020 2021 2022 2023 2024 2025

1 - (90/10) TBP TBP TBP TBP TBP TBP

2 - (50/50) TBP TBP TBP TBP TBP TBP

3 - (10/90) TBP TBP TBP TBP TBP TBP

Table 1-5: Special Tasks and Studies Labor Rates

1.5 Indefinite Delivery Indefinite Quantity (IDIQ), Fixed-Price Contract

The Government shall have the right to order services at the prices identified in the tables above, if listed, or based on the price obtained via negotiation or proposed in response to specific requests for GLS requirements competed in accordance with clause 2.2.18, Gateway Logistics Task Ordering Procedures.

Nothing in this clause precludes the Contractor from proposing more favorable prices or discount terms in response to specific requests for GLS task order proposals.

1.6 Guaranteed Minimum

The guaranteed minimum value for any awarded contract is two missions. The minimum guarantee may be met at the Government’s discretion via a combination of orders. Each task order with a required delivery to Gateway constitutes one mission and will count towards the minimum guarantee; however, the minimum guarantee may also be met via a single order if it is for two separate missions with a minimum of two separate deliveries to the Gateway.

When award is made off the initial solicitation, each Offeror may be awarded missions to meet their minimum guarantee without further competition since fair opportunity has already been given for the initial missions. In the event a provider is brought on via an on-ramp competition under clause 2.2.24, On-Ramp, they may be awarded their minimum guarantee through either the fair opportunity process as described in clause 2.2.18, Gateway Logistics Task Ordering Procedures, or under the fair opportunity exception at FAR 16.505(b)(2)(i)(D).

1.7 Total Award Amount

The total maximum value of each contract is $7 billion. The total amount of all task orders under all contracts awarded shall not exceed $7 billion.

1.8 GLS IDIQ Capabilities and Price Updates

Successful Offerors who receive GLS contract awards may propose additional capabilities and prices via the clause 2.2.24, On-Ramp. Contract holders will not be entitled to unilaterally adjust prices upward or change/delete services already on the contract. The initial contract award contains fixed-pricing through a specified date; in order to be eligible for orders beyond this date contract holders will be required to propose updated pricing when requested by the Contracting Officer.

RFP 80KSC019R0002 Section 2

SECTION 2 – FAR 52.212-4, CONTRACT TERMS AND CONDITIONS -- COMMERCIAL

ITEMS (OCT 2018)

2.1 TAILORED PARAGRAPHS IN 52.212-4

Paragraph (a), Inspection/Acceptance, is tailored to incorporate FAR 52.246-4, Inspection of Services-Fixed-Price (Aug 1996)

Paragraph (c), Changes, is tailored to incorporate by reference FAR 52.243-1, Changes-Fixed-Price (Aug 1987), Alternate I (Apr 1984).

Paragraph (g), Invoice, is tailored to add the following:

SUBMISSION OF INVOICES FOR PAYMENT

(1) 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.

(2) 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.

(3) 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.

Paragraph (f), Excusable delays, is tailored to include the Excusable Delays definition in clause 2.2.22, Adjustments to Mission Schedule.

2.2 CLAUSE INCORPORATE VIA ADDENDUM TO 52.212-4

2.2.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES:

FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER

FIBER CONTENT PAPER (MAY 2011)

FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT

2018)

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (JUL 2016)

FAR 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS

(APR 2008)

FAR 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA

AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA

–MODIFICATIONS (OCT 2010) ALTERNATE IV (OCT 2010)

(b) Provide data described below: Defined at time of modification

FAR 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

FAR 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT (DEC 2007)

FAR 52.227-16 ADDITIONAL DATA REQUIREMENTS (JUNE 1987)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

FAR 52.242-13 BANKRUPTCY (JUL 1995)

FAR 52.243-1 CHANGES – FIXED – PRICE (AUG 1987) – ALTERNATE I (APR 1984)

FAR 52.245-1 GOVERNMENT PROPERTY (JAN 2017) – ALTERNATE I (APR 2012)

FAR 52.245-9 USE AND CHARGES (APR 2012)

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

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

II. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES:

NFS 1852.204-76 SECURITY REQUIREMENTS FOR UNCLASSIFIED

INFORMATION TECHNOLOGY RESOURCES JAN 2011)

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

NFS 1852.219-75 INDIVIDUAL SUBCONTRACTING REPORTS (APR 2015)

(Only applicable to contractors without an approved commercial subcontracting plan)

NFS 1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP

REPORTING (DEC 2015)

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

ALTERNATE I (FEB 2006)

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

EXPLORATION ACTIVITIES UNRELATED TO THE

INTERNATIONAL SPACE STATION (OCT 2012)

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

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

NFS 1852.245-75 PROPERTY MANAGEMENT CHANGES (JAN 2011)

NFS 1852.245-78 PHYSICAL INVENTORY OF CAPITAL PERSONAL PROPERTY

(AUG 2015)

2.2.2 FAR 52.216-18 -- ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued for a period of twelve years from date of contract award.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

2.2.3 FAR 52.216-19 -- ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount less than one Mission or one Special Task and Study, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $1 billion;

(2) Any order for a combination of items in excess of $2 billion; or

(3) A series of orders from the same ordering office within 180 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

2.2.4 FAR 52.216-22 -- INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated in the Ordering clause. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

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

(c) Except for any limitations on quantities in Order Limitations clause, or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, the Contractor shall not be required to make any deliveries under this contract beyond fifteen years from date of award.

(End of clause)

2.2.5 RESERVED

2.2.6 FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE

SMALL BUSINESS CONCERNS (DEVIATION 19-02)

(a) Definitions. As used in this clause—

“HUBZone small business concern” means a small business concern, certified by the Small Business Administration (SBA), that appears on the List of Qualified

HUBZone Small Business Concerns maintained by the SBA (13 CFR 126.103).

“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award, and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set-aside or sole source award under the HUBZone Program.

(b) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (e), (f), and (g) of this clause do not apply if the offeror has waived the evaluation preference.

__ Offeror elects to waive the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Agreement. By submission of an offer and execution of a contract, a HUBZone small business concern agrees (unless the price evaluation preference is waived by the offeror) that, in the case of a contract for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded.

(f) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable requirements specified in paragraph (e) of this clause.

(g) (1) Unless SBA has waived the requirements of paragraphs (g)(1)(i) through (iii) of this clause in accordance with 13 CFR 121.1204, a HUBZone small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) Paragraphs (g)(1) of this clause does not apply to construction or service contracts, or when the price evaluation preference is waived by the offeror.

(h) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

(End of clause)

2.2.7 FAR 52.227-14 -- RIGHTS IN DATA-GENERAL (MAY 2014)—ALTERNATE II (DEC

2007) AND ALTERNATE III (DEC 2007)

(a) Definitions. As used in this clause-

“Computer database” or “database means” a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software.

“Computer software”- (1) Means

(i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and

(ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled.

(2) Does not include computer databases or computer software documentation.

“Computer software documentation” means owner’s manuals, user’s manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.

“Data” means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

“Form, fit, and function data” means data relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, and data identifying source, size, configuration, mating and attachment characteristics, functional characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithms, processes, formulas, and flow charts of the software.

“Limited rights” means the rights of the Government in limited rights data as set forth in the Limited Rights Notice of paragraph (g)(3) if included in this clause.

“Limited rights data” means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications.

“Restricted computer software” means computer software developed at private expense and that is a trade secret, is commercial or financial and confidential or privileged, or is copyrighted computer software, including minor modifications of the computer software.

“Restricted rights,” as used in this clause, means the rights of the Government in restricted computer software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software.

“Technical data” means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation).

This term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases (See 41 U.S.C.

116).

“Unlimited rights” means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.

(b) Allocation of rights.

(1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited rights in-

(i) Data first produced in the performance of this contract;

(ii) Form, fit, and function data delivered under this contract;

(iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract;

and

(iv) All other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software in accordance with paragraph (g) of this clause.

(2) The Contractor shall have the right to-

(i) Assert copyright in data first produced in the performance of this contract to the extent provided in paragraph (c)(1) of this clause;

(ii) Use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, unless provided otherwise in paragraph (d) of this clause;

(iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright notices and to take other appropriate action, in accordance with paragraphs (e) and (f) of this clause; and

(iv) Protect from unauthorized disclosure and use those data that are limited rights data or restricted computer software to the extent provided in paragraph (g) of this clause.

(c) Copyright- (1) Data first produced in the performance of this contract. (i) Unless provided otherwise in paragraph (d) of this clause, the Contractor may, without prior approval of the Contracting Officer, assert copyright in scientific and technical articles based on or containing data first produced in the performance of this contract and published in academic, technical or professional journals, symposia proceedings, or similar works. The prior, express written permission of the Contracting Officer is required to assert copyright in all other data first produced in the performance of this contract.

(ii) When authorized to assert copyright to the data, the Contractor shall affix the applicable copyright notices of 17 U.S.C. 401 or 402, and an acknowledgment of Government sponsorship (including contract number).

(iii) For data other than computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly by or on behalf of the Government. For computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted computer software to reproduce, prepare derivative works, and perform publicly and display publicly (but not to distribute copies to the public) by or on behalf of the Government.

(2) Data not first produced in the performance of this contract. The Contractor shall not, without the prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract unless the Contractor-

(i) Identifies the data; and

(ii) Grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause or, if such data are restricted computer software, the

Government shall acquire a copyright license as set forth in paragraph (g)(4) of this clause (if included in this contract) or as otherwise provided in a collateral agreement incorporated in or made part of this contract.

(3) Removal of copyright notices. The Government will not remove any authorized copyright notices placed on data pursuant to this paragraph (c), and will include such notices on all reproductions of the data.

(d) Release, publication, and use of data. The Contractor shall have the right to use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, except-

(1) As prohibited by Federal law or regulation (e.g., export control or national security laws or regulations);

(2) As expressly set forth in this contract; or

(3) If the Contractor receives or is given access to data necessary for the performance of this contract that contain restrictive markings, the Contractor shall treat the data in accordance with such markings unless specifically authorized otherwise in writing by the Contracting Officer.

(e) Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g)(3) or (g) (4) if included in this clause, and use of the notices is not authorized by this clause, or if the data bears any other restrictive or limiting markings not authorized by this contract, the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 4703, the following procedures shall apply prior to canceling or ignoring the markings.

(i) The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings;

(ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60-day period (or a longer time approved in writing by the Contracting Officer for good cause shown), the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions.

(iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph (e)(1)(i) of this clause, the Contracting Officer will consider such written justification and determine whether or not the markings are to be cancelled or ignored. If the Contracting Officer determines that the markings are authorized, the Contractor will be so notified in writing. If the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, the Contracting Officer will furnish the Contractor a written determination, which determination will become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of the Contracting Officer’s decision.

The Government will continue to abide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by the Contracting Officer’s determination becoming final (in which instance the Government will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed.

(2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act ( 5 U.S.C. 552) if necessary to respond to a request thereunder.

(3) Except to the extent the Government’s action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of the Government removing or ignoring authorized markings on data delivered under this contract.

(f) Omitted or incorrect markings. (1) Data delivered to the Government without any restrictive markings shall be deemed to have been furnished with unlimited rights. The Government is not liable for the disclosure, use, or reproduction of such data.

(2) If the unmarked data has not been disclosed without restriction outside the Government, the Contractor may request, within 6 months (or a longer time approved by the Contracting Officer in writing for good cause shown) after delivery of the data, permission to have authorized notices placed on the data at the Contractor’s expense. The Contracting Officer may agree to do so if the Contractor-

(i) Identifies the data to which the omitted notice is to be applied;

(ii) Demonstrates that the omission of the notice was inadvertent;

(iii) Establishes that the proposed notice is authorized; and

(iv) Acknowledges that the Government has no liability for the disclosure, use, or reproduction of any data made prior to the addition of the notice or resulting from the omission of the notice.

(3) If data has been marked with an incorrect notice, the Contracting Officer may-

(i) Permit correction of the notice at the Contractor’s expense if the Contractor identifies the data and demonstrates that the correct notice is authorized; or

(ii) Correct any incorrect notices.

(g) Protection of limited rights data and restricted computer software. (1) The Contractor may withhold from delivery qualifying limited rights data or restricted computer software that are not data identified in paragraphs (b)(1)(i), (ii), and (iii) of this clause. As a condition to this withholding, the Contractor shall-

(i) Identify the data being withheld; and

(ii) Furnish form, fit, and function data instead.

(2) Limited rights data that are formatted as a computer database for delivery to the Government shall be treated as limited rights data and not restricted computer software.

(3) Notwithstanding paragraph (g)(1) of this clause, the contract may identify and specify the delivery of limited rights data, or the Contracting Officer may require by written request the delivery of limited rights data that has been withheld or would otherwise be entitled to be withheld.

If delivery of that data is required, the Contractor shall affix the following “Limited Rights Notice” to the data and the Government will treat the data, subject to the provisions of paragraphs (e) and (f) of this clause, in accordance with the notice:

LIMITED RIGHTS NOTICE (DEC 2007)

(a) These data are submitted with limited rights under Government Contract No. TBD (and subcontract TBD, if appropriate). These data may be reproduced and used by the Government with the express limitation that they will not, without written permission of the Contractor, be used for purposes of manufacture nor disclosed outside the Government; except that the Government may disclose these data outside the Government for the following purposes, if any; provided that the Government makes such disclosure subject to prohibition against further use and disclosure:

(i) Use (except for manufacture) by support service contractors.

(ii) Evaluation by nongovernment evaluators.

(iii) Use (except for manufacture) by other contractors participating in the Government’s program of which the specific contract is a part.

(iv) Release to a foreign government, or its instrumentalities, if required to serve the interests of the U.S. Government, for information or evaluation

(b) This notice shall be marked on any reproduction of these data, in whole or in part.

(End of notice)

(4)(i) Notwithstanding paragraph (g)(1) of this clause, the contract may identify and specify the delivery of restricted computer software, or the Contracting Officer may require by written request the delivery of restricted computer software that has been withheld or would otherwise be entitled to be withheld. If delivery of that computer software is required, the Contractor shall affix the following “Restricted Rights Notice” to the computer software and the Government will treat the computer software, subject to paragraphs (e) and (f) of this clause, in accordance with the notice:

Restricted Rights Notice (Dec 2007)

(a) This computer software is submitted with restricted rights under Government Contract No. _______ (and subcontract ________, if appropriate). It may not be used, reproduced, or disclosed by the Government except as provided in paragraph (b) of this notice or as otherwise expressly stated in the contract.

(b) This computer software may be-

(1) Used or copied for use with the computer(s) for which it was acquired, including use at any Government installation to which the computer(s) may be transferred;

(2) Used or copied for use with a backup computer if any computer for which it was acquired is inoperative;

(3) Reproduced for safekeeping (archives) or backup purposes;

(4) Modified, adapted, or combined with other computer software, provided that the modified, adapted, or combined portions of the derivative software incorporating any of the delivered, restricted computer software shall be subject to the same restricted rights;

(5) Disclosed to and reproduced for use by support service Contractors or their subcontractors in accordance with paragraphs (b)(1) through (4) of this notice; and

(6) Used or copied for use with a replacement computer.

(c) Notwithstanding the foregoing, if this computer software is copyrighted computer software, it is licensed to the Government with the minimum rights set forth in paragraph

(b) of this notice.

(d) Any other rights or limitations regarding the use, duplication, or disclosure of this computer software are to be expressly stated in, or incorporated in, the contract.

(e) This notice shall be marked on any reproduction of this computer software, in whole or in part.

(End of notice)

(ii) Where it is impractical to include the Restricted Rights Notice on restricted computer software, the following shortform notice may be used instead:

Restricted Rights Notice Short Form (Jun 1987)

Use, reproduction, or disclosure is subject to restrictions set forth in Contract No.

_______ (and subcontract, if appropriate) with ________ (name of Contractor and subcontractor).

(End of notice)

(iii) If restricted computer software is delivered with the copyright notice of 17 U.S.C. 401, it will be presumed to be licensed to the Government without disclosure prohibitions, with the minimum rights set forth in paragraph (b) of this clause.

(h) Subcontracting. The Contractor shall obtain from its subcontractors all data and rights therein necessary to fulfill the Contractor’s obligations to the Government under this contract. If a subcontractor refuses to accept terms affording the Government those rights, the Contractor shall promptly notify the Contracting Officer of the refusal and shall not proceed with the subcontract award without authorization in writing from the Contracting Officer.

(i) Relationship to patents or other rights. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government.

2.2.8 FAR 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 Revision

SAE Aerospace Quality Management System AS9100 Rev D (or most recent revision)

(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 instruction, documentation control, and advanced metrology.

(End of Clause)

2.2.9 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):

FAR: https://www.acquisition.gov NASA FAR Supplement (NFS): https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

2.2.10 FAR 52.252-6 -- AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any NFS (48 CFR Chapter 18) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

2.2.11 NFS 1852.228-76 -- CROSS-WAIVER OF LIABILITY FOR INTERNATIONAL SPACE

STATION ACTIVITIES (OCT 2012)