80KSC019R0017_CubeSat-3_RFP.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

80KSC019R0017

Herzyl Legaspi (321) 867-5504

KSC 100

KSC

NASA KSC/ Office of Procurement Mail Code: OP-LS/ H. Legaspi Kennedy Space Center, FL 32899

NASA Shared Services Center (NSSC) FMD Accounts Payable Bldg. 1111, Jerry Hlass Road Stennis Space Center, MS 39529

CubeSat Dispenser Hardware & Mission Integration Services 3

See Schedule

MARY KISS

336419

1,000

04/17/2019

06/03/2019

01:00 PM EST

NASA/ John F. Kennedy Space Center Office of Procurement Mail Code: OP-LS/ H. Legaspi Kennedy Space Center, FL 32899

TABLE OF CONTENTS

SECTION B - SERVICES AND PRICES

B-1 TYPE OF CONTRACT

B-2 PERIOD OF PERFORMANCE

B-3 MINIMUM/MAXIMUM

B-4 SUPPLIES AND/OR SERVICES TO BE PROVIDED

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C-1 SCOPE OF WORK

C-2 DATA REQUIREMENTS LIST (DRL)

SECTION D - PACKAGING AND MARKING

D-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

D-2 NFS 1852.245-74 IDENTIFICATION AND MARKING OF GOVERNMENT

EQUIPMENT (JAN 2011)

SECTION E - INSPECTION AND ACCEPTANCE

E-1 INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

F-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

F-2 ORDERING PERIOD

F-3 FAR 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 NFS 1852.232-80 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT

(APR 2018)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

H-2 NFS 1852.225-70 EXPORT LICENSES (FEB 2000)

H-3 MILESTONE PERFORMANCE AND PAYMENT

SECTION I - CONTRACT CLAUSES

I-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I-2 LISTING OF CLAUSES INCORPORATED BY REFERENCE

I-3 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

(JAN 2019)

I-4 FAR 52.216-18 ORDERING (OCT 1995)

I-5 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

I-6 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I-7 ON-RAMP

I-8. TASK ORDER ORDERING PROCEDURES

SECTION J - LIST OF ATTACHMENTS

J-1 ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

K-1 LISTING OF CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

K-2 FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

(APR 1985)

K-3 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

K-4 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (OCT 2018) ALTERNATE I (OCT 2014)

K-5 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)47

K-6 FAR 52.222-22 PREVIOUS CONTRACTS & COMPLIANCE REPORTS (FEB 1999)

K-7 FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K-8 FAR 52.225-2 BUY AMERICAN CERTIFICATE (MAY 2014)

K-9 FAR 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND

RESTRICTED COMPUTER SOFTWARE (DEC 2007)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L-1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

L-2 LISTING OF PROVISIONS INCORPORATED BY REFERENCE

L-3 ADDENDA TO FAR 52.212-1 (INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

L-4 VOLUME I—TECHNICAL/MANAGEMENT CAPABILITY

L-5 VOLUME II—PAST PERFORMANCE

L-6 VOLUME III—PRICING

L-7 VOLUME IV—OTHER DATA

L-8 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

L-9 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

L-10 PROPOSAL PAGE LIMITATIONS

L-11 COMMUNICATIONS REGARDING THIS SOLICITATION

L-12 KSC 52.214-90 DELIVERY INSTRUCTIONS FOR BIDS/PROPOSALS (JUL 2018)

SECTION M - EVALUATION FACTORS FOR AWARD

M-1 EVALUATION & SOURCE SELECTION—COMMERCIAL ITEMS

M-2 VOLUME I – TECHNICAL/MANAGEMENT CAPABILITY FACTOR

M-3 VOLUME II – PAST PERFORMANCE FACTOR

M-4 VOLUME III—PRICING

M-5 VOLUME IV – OTHER DATA

RFP 80KSC019R0017 Section B CubeSat Dispenser Hardware & Mission Integration Services 3

SECTION B - SERVICES AND PRICES

B-1 TYPE OF CONTRACT

This is an Indefinite-Delivery, Indefinite-Quantity (IDIQ) task order contract for CubeSat hardware and mission integration services.

B-2 PERIOD OF PERFORMANCE

The ordering period for this contract is five (5) years and is from July 8, 2019 to July 7, 2024.

Performance of orders placed within the contract ordering period may extend for up to one year past the end of the ordering period if the Contracting Officer determines that performance cannot reasonably be deferred to any planned follow-on contract. There are no option years available for this contract.

B-3 MINIMUM/MAXIMUM

The Government guarantees an order with a minimum payment of $10,000 to be issued for each contract. There will be no further obligation on the part of the Government. The maximum cumulative dollar value of services ordered under all contracts awarded for this requirement shall not exceed $18,000,000. The dollar value of all orders placed under this contract will be applied to the minimum and maximum dollar obligation amounts found under Article I-5, Order Limitations.

B-4 SUPPLIES AND/OR SERVICES TO BE PROVIDED

In accordance with (IAW) the Performance Work Statement (Attachment A), 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 Contract Line Item Numbers (CLINs) 1 through 6 in Table B-1 and Direct Labor Categories in Table B-2.

Specific task requirements and Mission Unique requirements will be procured in task orders IAW Article I-8, NFS 1852.216-80, Task Ordering Procedure, and the CubeSat Task Order Ordering Procedures. Not-To-Exceed (NTE) prices set forth in Table B-1 and fully-burdened hourly labor rates provided in Table B-2 shall be used as the basis for pricing task orders.

Detailed descriptions of the work will be found in individual task orders. The Government shall have the right to order the services at the prices identified in Tables B-1 and B-2. The Government will purchase only CLINs required to support each task order; all CLINs may not be required for each mission.

CLINs 1 through 4 in Table B-1 are Not-to-Exceed (NTE) prices. Firm-Fixed prices for these CLINs will be negotiated with each individual task order at prices NTE the maximum prices in the table. Nothing in this clause precludes the Contractor from proposing more favorable prices or discount terms in response to request for proposals (RFPs). Task Orders for Non-Standard Services and Special Task Assignments will be priced according to the Firm-Fixed price, fully-burdened hourly labor rates found in Table B-2.

Standard Supplies/Services – Table B-1

Not-to-Exceed (NTE) Price ($) in Calendar Year Ordered

CLIN Description Unit CY2019 Price

CY2020

Price

CY2021

Price

CY2022

Price

CY2023

Price

CY2024

Price

1.0 Hardware each

1.1 3U Dispenser Flight Unit each

1.2 3U Dispenser Non-Flight Unit each

1.3 3U Mass Simulator Flight Unit each

1.4 3U Mass Simulator Non-Flight Unit each

1.5 6U Dispenser Flight Unit each

1.6 6U Dispenser Non-Flight Unit each

1.7 6U Mass Simulator Flight Unit each

1.8 6U Mass Simulator Non-Flight Unit each

1.9 12U Dispenser Flight Unit each

1.10 12U Dispenser Non-Flight Unit each

1.11 12U Mass Simulator Flight Unit each

1.12 12U Mass Simulator Non-Flight Unit each

1.13 27U Dispenser Flight Unit each

1.14 27U Dispenser Non-Flight Unit each

1.15 27U Mass Simulator Flight Unit each

1.16 27U Mass Simulator Non-Flight Unit each

4.0 Standard Services

4.1 Flight Hardware Qualification Plan each design

4.2 Flight Hardware Qualification Testing and/or Analysis

4.2.1 Dispenser mass simulator and dispenser Engineering

Development Unit (EDU) each

4.2.2 Flight hardware qualification testing EDU/protoflight hardware configuration list mission

4.2.3 Qualification level random vibration test and sinusoidal test each

4.2.4 Qualification shock test each

4.2.5 Qualification thermal vacuum cycle test each

Not-to-Exceed (NTE) Price ($) in Calendar Year Ordered

CLIN Description Unit CY2019 Price

CY2020

Price

CY2021

Price

CY2022

Price

CY2023

Price

CY2024

Price

4.3 Flight Hardware Development and Assembly mission

4.4 Dispenser System Flight Hardware Acceptance Testing and

Dispenser Mass Simulator Acceptance Testing

4.4.1 Acceptance random vibration test and sinusoidal test of dispenser flight units containing CubeSat mass model each

4.4.2 Acceptance random vibration test and sinusoidal test of dispenser mass simulator flight units each

4.4.3 Thermal vacuum cycle test and a thermal vacuum bake-out test of flight hardware each

4.5 Dispenser to Launch Vehicle ICD Development

4.5.1 Dispenser and dispenser mass simulator design drawings, math models, analysis, and specifications mission

4.5.2 Technical support and input for the development of the LV to Dispenser ICD mission

4.6 CubeSat to Dispenser ICD Development

4.6.1 Create and maintain configuration control of the CubeSat to dispenser ICD for each mission mission

4.7 Integration of CubeSats into Flight Dispensers Per manifested CubeSat

4.8 Integrated Flight CubeSat/Dispenser Acceptance Testing

4.8.1 Acceptance test of each integrated dispenser each

4.9 Flight Hardware to Launch Vehicle Integration mission

4.10 Mission Support Discrete

4.10.2

Coordinate and submit any required Federal Communication Commission (FCC) radio frequency (RF) utilization application(s) for the applicable mission CubeSats

Per manifested CubeSat

4.10.4

Provide non-flight, physical test dispensers to the CubeSat developers for dispenser to CubeSat fit checks and/or testing at the CubeSat developer location

Per manifested CubeSat

4.10.6 Mission specific lessons learned report and review mission

4.11 Mission Support Continuous mission

5.0 Non-Standard Services

6.0 Task Assignments

Direct Labor Rates – Table B-2

Firm Fixed-Price ($) Hourly Rates

COMPOSITE SKILL MIX

GENERAL LABOR

CATEGORIES*

CY 2019

CY 2020

CY 2021

CY 2022

CY 2023

CY 2024

Project Manager

System Integrator

System Integrator Assistant

Students

*Composite Skill Mix/General Labor Category descriptions are provided in Attachment C and are suggested titles; prospective contractors can propose their own composite labor categories equivalent in skills and education to the categories listed above.

Labor rates shall be fully burdened.

[END OF SECTION]

RFP 80KSC019R0017 Section C

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C-1 SCOPE OF WORK

The Contractor shall, as standard services, provide dispensers and dispenser/CubeSat mass simulators and perform integration services; perform special task assignments and mission-unique services; and, as non-standard services, provide support for launch delays and perform de-integration services to meet the requirements set forth in the Performance Work Statement (PWS) for CubeSat Dispenser Hardware & Mission Integration Services 3.

C-2 DATA REQUIREMENTS LIST (DRL)

A. The Contractor shall furnish all data identified and described in Attachment B, “Contract

Data Requirements List.”

B. The Government reserves the right to reasonably defer the date of delivery of any or all line items of data specified in the DRL. Such right may be exercised at no increase in the contract amount. The Government also reserves the right to terminate or add to the requirement for any or all line items of data specified in the DRL. In the event the Government exercises this right, the contract amount shall be subject to adjustment.

C. To the extent that data required to be furnished by other clauses of this contract are also identified and described in the DRL, compliance with the DRL shall be accepted as compliance with such other clauses. In the event of conflict between the identity and description of data called for by specific clauses of this contract and the DRL, the contractor shall request clarification of the DRL.

D. Nothing contained in this DRL clause shall relieve the Contractor from furnishing data called for by, or under the authority of, other clauses of this contract which are not identified and described in the DRL attached to this contract. Whenever such data are identified, either by the Contractor or the Government, they will be listed in the DRL.

E. Except as otherwise provided in this contract, the cost of data to be furnished in response to the DRL attached to this contract is included in the price of this contract.

RFP 80KSC019R0017 Section D

SECTION D - PACKAGING AND MARKING

D-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):

www.acquisition.gov/browsefar www.hq.nasa.gov/office/procurement/regs/nfstoc.htm

(End of clause)

The following contract clauses pertinent to this SECTION are hereby incorporated by reference:

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

None Incorporated by Reference

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

NFS 1852.211-70 Packaging, Handling, and Transportation (SEP 2005)

D-2 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:

a. Item Description.

b. Unique Identification Number (License Tag).

http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm

RFP 80KSC019R0017 Section D

c. Unit Price.

d. 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:

a. Date originally placed in service.

b. 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: To Be Determined (TBD) with each Task Order.

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

RFP 80KSC019R0017 Section E

SECTION E - INSPECTION AND ACCEPTANCE

E-1 INSPECTION AND ACCEPTANCE

Inspection and Acceptance shall be in accordance with FAR 52.212-4, Contract Terms and Conditions—Commercial Items (OCT 2018). The Contractor shall comply with all Article J.1 Performance Work Statement requirements set forth in this contract. Final Government acceptance for dispenser hardware and mission integration services occurs upon completion of all services specified in individual task orders.

RFP 80KSC019R0017 Section F

SECTION F - DELIVERIES OR PERFORMANCE

F-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):

The following contract clauses pertinent to this SECTION are hereby incorporated by reference:

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

FAR 52.242-15 Stop-Work Order (AUG 1989) FAR 52.247-34 F.O.B Destination (NOV 1991)

None Incorporated By Reference

F-2 ORDERING PERIOD

The ordering period is delineated in Article B-2. Task Orders may be issued under this contract during the effective ordering period.

F-3 FAR 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

A. The Offeror or respondent, in the performance of any contract resulting from this solicitation, □ intends / □ does not intend [check applicable block] to use one or more plants or facilities located at a different address from the address of the Offeror or respondent as indicated in this proposal or response to request for information.

B. If the Offeror or respondent checks “intends” in paragraph (a) of this provision, it shall insert in the following spaces the required information:

Place of Performance (Street Address, City, State, County, ZIP Code)

Name and Address of Owner and Operator of the Plant or Facility if Other than Offeror or Respondent

(End of provision)

RFP 80KSC019R0017 Section G

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 NFS 1852.232-80 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT

(APR 2018)

a. The designated payment office is the NASA Shared Services Center (NSSC) located at FMD Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

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

https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at 1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.

c. Payment requests

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

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

i. Vouchers

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

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

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

D. Progress reports, as required.

ii. Invoices

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

B. Progress reports, as required.

C. Date goods and services were performed.

iii. Fee vouchers

RFP 80KSC019R0017 Section G

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

B. A reconciliation of all billed and earned fee.

C. A clear explanation of the fee calculations.

d. Non-electronic payment requests. The Contractor may submit a non-electronic voucher/invoice using the steps for non-electronic payment requests described at https://www.nssc.nasa.gov/vendorpayment, when any of the following conditions are met:

1. The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor.

2. The contract includes provisions allowing the contractor to submit vouchers

a. or invoices using the steps for non-electronic payment requests. In such instances the Contractor agrees to submit non-electronic payment requests using the method or methods specified in Section G of the contract.

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

f. Other payment clauses. In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

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

RFP 80KSC019R0017 Section H

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-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):

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

NFS 1852.223-75 Major Breach of Safety or Security (FEB 2002); Alternate I (FEB

2006) NFS 1852.228-76 Cross-Waiver of Liability International Space Station Activities

(OCT 2012)

NFS 1852.228-78 Cross-Waiver of Liability for Science or space Exploration

Activities Unrelated to the International Space Station (OCT 2012)

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 Kennedy Space Center, FL, 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.

RFP 80KSC019R0017 Section H

H-3 MILESTONE PERFORMANCE AND PAYMENT

A. DEFINITION

For purposes of this clause, the definition of "successful" means the Contracting Officer has determined that the Contractor has fully met all of the assigned milestones and required tasks in a timely manner.

B. PURPOSE AND AUTHORITY

Milestone payments are only applicable to CLINs 4-11. The Contracting Officer will determine the performance payment based upon evaluation of the Contractor’s performance at each milestone. This determination will be based upon the success criteria defined in Part C of this Article and data input from the Government technical team.

C. PROCEDURES

The Contracting Officer will authorize payment based upon how well the Contractor completes five predefined milestones. The Contracting Officer may defer payment at any milestone when the Contractor has failed to meet the requirements of the milestone. The payment will only be deferred until that time when all requirements have been met. The five milestones, associated criteria, and percentages are defined as follows:

Milestone Description Payment

1 Acceptance of initial DRDs B4.11.1 and B4.11.2 submittals, and telecons/meeting minutes supported to date 15%

2 Completion of DRD B4.11.4 and telecons/meeting minutes supported to date 15% 3 Completion of DRD B4.11.6 and telecons/meeting minutes supported to date 15% 4 Completion of DRD B4.11.7 and telecons/meeting minutes supported to date 15% 5 Completion of DRD B4.11.8 supported to date 15%

Note Remaining percentage to be paid once DRD B4.10.6 is completed 25%

RFP 80KSC019R0017 Section I

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):

I-2 LISTING OF CLAUSES INCORPORATED BY REFERENCE

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

FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT

2010) FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(MAY 2011)

FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.212-4 Contract Terms and Conditions- Commercial Items (OCT 2018) FAR 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) FAR 52.215-19 Notification of Ownership (OCT 1997) FAR 52.227-14 Rights in Data—General (MAY 2014)

Alternate II (DEC 2007) FAR 52.232-11 Extras (APR 1984) FAR 52.232-18 Availability of Funds (APR 1984) FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.246-23 Limitation of Liability (FEB 1997) FAR 52.253-1 Computer Generated Forms (JAN 1991)

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

NFS 1852.203-70 Display of Inspector General Hotline Posters (JUN 2001) NFS 1852.203-71 Requirement to Inform Employees of Whistleblower Rights

(AUG 2014)

NFS 1852.215-84 Ombudsman (NOV 2011), Alternate I (JUN 2000) NFS 1852.227-14 Rights in Data—General (APR 2015) NFS 1852.237-72 Access to Sensitive Information (JUN 2005) NFS 1852.237-73 Release of Sensitive Information (JUN 2005)

I-3 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

(JAN 2019)

(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)).

X (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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: [Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved] __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved] __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (NOV 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the Offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

__ (ii) Alternate I (NOV 2011).

__ (iii) Alternate II (NOV 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

__ (ii) Alternate I (OCT 1995) of 52.219-7.

__ (iii) Alternate II (MAR 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (AUG 2018) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

X (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

X (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

X (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.

793).

__ (ii) Alternate I (July 2014) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

X (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.

8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) __ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

__ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

X (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

__ (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (MAY 2014) of 52.225-3.

__ (iii) Alternate II (MAY 2014) of 52.225-3.

__ (iv) Alternate III (MAY 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.

5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.4505, 10 U.S.C. 2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

__ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(12)).

X (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018)(41 U.S.C. chapter 67).

(xiii) __ (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

I-4 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 from 8 July 2019 through 7 July 2024.

B. All delivery 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.

I-5 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 of less than $10,000, 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 $750,000;

(2) Any order for a combination of items in excess of $2,500,000; or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (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 7 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.

I-6 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 Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

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

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

D. Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract one year after the end of the ordering period as defined is Article F-2, Ordering Period.

I-7 ON-RAMP

A. The purpose of the IDIQ On-Ramp is to create an opportunity for qualified new, emerging

CubeSat Dispenser Hardware and Mission Integration Service providers to offer dispenser hardware and integration services that are not available at the time of the initial contract award. The intent of the On-Ramp is to foster competition for future requirements for CubeSat Dispenser Hardware and Mission Integration Services.

B. The parties mutually agree that the original solicitation (as revised) shall remain open for the life of this contract and that, at any time, the Government may award additional contracts for the requirements specified in this IDIQ. Throughout the life of the contract, the Government will continue to monitor the market for new entrants. In the event a new CubeSat Dispenser Hardware and Mission Integration Services provider becomes known, or at any other time established via synopsis, the Government will solicit proposals from those new providers for new IDIQ contracts. When the Government issues a solicitation notice, new providers will be allowed to submit proposals, within the notice’s stated response time.

C. The contract requirements (as revised), technical acceptability standards, evaluation factors, solicitation terms and conditions, price reasonableness, and basis for award shall remain in full force and effect for each new proposal. Upon award of each additional contract, the Government will notify all present Contractor(s) of the award. The new Contractor(s) will be able to compete for all new task orders under the CubeSat Dispenser Hardware and Mission Integration Services 3 IDIQ contract.

I-8. TASK ORDER ORDERING PROCEDURES

A. Any supplies and services to be furnished under this contract shall be…