80KSC021R0023 - RFP.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

CODE 8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

80KSC021R002

TBD

John F. Kennedy Space Center, NASA Procurement Office Code: OP-CS Kennedy Space Center, FL 32899

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

The contractor shall furnish all labor, equipment, materials, and related activities necessary to perform Safety and Reliability Upgrades Phase 4 at Kennedy Space Center, Florida.

Offeror MUST enter their cage code and DUNS number in block 14, page 2 of the SF 1442.

Offeror MUST be registered in SAM and VETS-4212.

John F. Kennedy Space Center, NASA Procurement Office Code: OP-CS Bldg M7-0301 (HQ), Rm 5426B, Attn: Anthony Caruvana Kennedy Space Center, FL 32899 or email to KSC-IDIQbids@mail.nasa.gov

5. REQUISITION/PURCHASE REQUEST NUMBER

4200762092

OP-CS

Anthony Caruvana 321-867-3464

6. PROJECT NUMBER

98966.4

1 94/22/2021 local time 5 24 21

2:00:00 PM

* Contract F.1(c)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

OP-CS

John F. Kennedy Space Center, NASA Procurement Office Code: OP-CS Kennedy Space Center, FL 32899

NASA Shared Service Center (NSSC) Financial Management Division (FMD) - Accounts Payable Bldg. 1111, C. Road Stennis Space Center, MS 39529

21. ITEMS ACCEPTED:

See Page 3 Attached

Cage Code:__________________ DUNS:_____________________

NASA/KSC SOLICITATION 80KSC021R0023

SF1442 BACK, Block 17 continued.

17. The offeror agrees to perform the work required at the prices below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within _______ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

CLIN DESCRIPTION UNIT UNIT PRICE

0001 TASK 1- Replacement of OSB 1 Building 1 JOB $____________________ (K6-1096) SS-1127 A/B and SS-1128 A/B (Identified in Specification 79K40868 and Package 2 – Drawing 79K40870).

0002 ADDITIVE 1 - Replacement of LBS-36 1 JOB $____________________ (Identified in Specification 79K40868 and Package 1 – Drawing 79K40869).

0003 ADDITIVE 2 – Replacement of VFI-777 1 JOB $____________________ (Identified in Specification 79K40868 and Package 1 - Drawing 79K40869).

0004 ADDITIVE 3 – Replacement of LBS-736 1 JOB $____________________ (Identified in Specification 79K40868 and Package 1 -Drawing 79K40869).

0005 ADDITIVE 4 – Replacement of LBS-46 1 JOB $____________________ (Identified in Specification 79K40868 and Package 1 -Drawing 79K40869).

0006 ADDITIVE 5 – Replacement of LBS-735 1 JOB $____________________ (Identified in Specification 79K40868 and Package 1 -Drawing 79K40869).

TOTAL $____________________

AWARD (To be completed by the Government)_______________________

SF1442 BACK, Block 21 continued.

21. ITEMS ACCEPTED:

CLIN DESCRIPTION UNIT UNIT PRICE

0001 TASK 1- Replacement of OSB 1 Building 1 JOB $____________________ (K6-1096) SS-1127 A/B and SS-1128 A/B (Identified in Specification 79K40868 and Package 2 – Drawing 79K40870).

0002 ADDITIVE 1 - Replacement of LBS-36 1 JOB $____________________ (Identified in Specification 79K40868 and Package 1 – Drawing 79K40869).

0003 ADDITIVE 2 – Replacement of VFI-777 1 JOB $____________________ (Identified in Specification 79K40868 and Package 1 - Drawing 79K40869).

0004 ADDITIVE 3 – Replacement of LBS-736 1 JOB $____________________ (Identified in Specification 79K40868 and Package 1 -Drawing 79K40869).

0005 ADDITIVE 4 – Replacement of LBS-46 1 JOB $____________________ (Identified in Specification 79K40868 and Package 1 -Drawing 79K40869).

0006 ADDITIVE 5 – Replacement of LBS-735 1 JOB $____________________ (Identified in Specification 79K40868 and Package 1 -Drawing 79K40869).

TOTAL $____________________

TABLE OF CONTENTS

SECTION A SOLICITATION/CONTRACT FORM (SF1442)

SECTION B SUPPLIES OR SERVICES AND PRICE/COSTS

SECTION C DESCRIPTION/SPECIFICATIONS/STATEMENT OF

WORK

SECTION D PACKAGING AND MARKING

SECTION E INSPECTION AND ACCEPTANCE

SECTION F DELIVERIES OR PERFORMANCE

SECTION G CONTRACT ADMINISTRATION DATA

SECTION H SPECIAL CONTRACT REQUIREMENTS

SECTION I CONTRACT CLAUSES

SECTION J LIST OF ATTACHMENTS

SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR RESPONDENTS

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO

OFFERORS OR RESPONDENTS

SECTION M EVALUATION FACTORS FOR AWARD

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B. 1 CONSTRUCTION SERVICES AND PRICES

CLIN DESCRIPTION UNIT UNIT PRICE

0001 TASK 1- Replacement of OSB 1 Building 1 JOB $____________________ (K6-1096) SS-1127 A/B and SS-1128 A/B (Identified in Specification 79K40868 and Package 2 – Drawing 79K40870).

0002 ADDITIVE 1 - Replacement of LBS-36 1 JOB $____________________ (Identified in Specification 79K40868 and Package 1 – Drawing 79K40869).

0003 ADDITIVE 2 – Replacement of VFI-777 1 JOB $____________________ (Identified in Specification 79K40868 and Package 1 - Drawing 79K40869).

0004 ADDITIVE 3 – Replacement of LBS-736 1 JOB $____________________ (Identified in Specification 79K40868 and Package 1 -Drawing 79K40869).

0005 ADDITIVE 4 – Replacement of LBS-46 1 JOB $____________________ (Identified in Specification 79K40868 and Package 1 -Drawing 79K40869).

0006 ADDITIVE 5 – Replacement of LBS-735 1 JOB $____________________ (Identified in Specification 79K40868 and Package 1 -Drawing 79K40869).

TOTAL $____________________

(End of Clause)

B. 2 NFS 1852.216-78 FIRM FIXED PRICE (DEC 1988)

The total firm fixed price of this contract is TBD.

(End of Clause)

B. 3 PROJECT DELIVERABLES

Contract deliverables (manuals, reports, plans, and other written documentation) to be provided under this contract are identified in Section J, Attachment J-A, Project Deliverables. The costs associated with providing the data in Attachment J-A are included in the firm-fixed price of the awarded contract. Nothing contained in Attachment J-A will relieve the Contractor from furnishing data called for by, or under the authority of, other provisions of this contract, which are

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

not identified and described in Attachment J-A.

(End of Clause)

SECTION C – DESCRIPTION/SPECIFICATION/WORK STATEMENT

C. 1 SCOPE OF WORK

The Contractor must furnish all management, supervision, labor, transportation, facilities, materials, tools, equipment, disposal, and documentation (except any property, including utilities, specified in the Schedule to be Government-Furnished) to perform all work for the Task(s) named below, and defined in the contract drawings and specifications.

CLIN DESCRIPTION

0001 TASK 1- Replacement of OSB 1 Building (K6-1096) SS-1127 A/B and SS-1128 A/B (Identified in Specification 79K40868 and Package 2 – Drawing 79K40870).

0002 ADDITIVE 1 - Replacement of LBS-36 (Identified in Specification 79K40868 and Package 1 – Drawing 79K40869).

0003 ADDITIVE 2 – Replacement of VFI-777 (Identified in Specification 79K40868 and Package 1 - Drawing 79K40869).

0004 ADDITIVE 3 – Replacement of LBS-736 (Identified in Specification 79K40868 and Package 1 -Drawing 79K40869).

0005 ADDITIVE 4 – Replacement of LBS-46 (Identified in Specification 79K40868 and Package 1 -Drawing 79K40869).

0006 ADDITIVE 5 – Replacement of LBS-735 (Identified in Specification 79K40868 and Package 1 -Drawing 79K40869).

(End of Clause)

C. 2 CONTRACT DRAWINGS, MAPS, SPECIFICATIONS, AND/OR STATEMENTS OF

WORK

(a) Five sets of full scale contract drawings, maps, specifications, and/or statements of work (excluding publications incorporated into the technical provisions by reference), plus one CD or DVD containing electronic, portable document format (PDF) versions, will be furnished at award to the Contractor without charge. The work must conform to the following contract drawings, maps, specifications, and/or statements of work, attached to this contract.

Drawing Number 79K40869, Titled “Replacement of 10 Load Break Switches”, Dated 12/16/2020, Sheets 1 through 35.

Drawing Number 79K40870, Titled “Replacement of SS-1127 A/B AND SS-1128 A/B”, Dated 12/28/2020, Sheets 1 through 22.

Specification Number 79K40868, Titled “Safety and Reliability Upgrade, KSC Institutional

SECTION C – DESCRIPTION/SPECIFICATION/WORK STATEMENT

Power Systems, Phase 4&5”, Dated 12/23/2020, Pages 1 through 422.

(b) Addenda to Drawings, Maps, Specifications, and/or Statements of Work: N/A

(c) "Or Equal" Items”

Throughout the technical specifications and drawings of this contract, where certain manufacturers’ trade names and model numbers are specified and followed by the term "or equal," the manufacturer's name and data as specified will represent the minimum standard type, quality, and capacity acceptable for incorporation into the work covered by this contract.

The products of other manufacturers will be considered as being acceptable, provided that such products fully meet or exceed all minimum structural or use and operational features of the particular manufacturers’ items as specified, and provided that the other manufacturers’ items are easily interchangeable and can be adequately incorporated within the allocated space in the building or structure. In all cases, the acceptability of "or equal" items will be at the Contracting Officer's discretion, based upon data submitted by the Contractor in accordance with the requirements under the Shop Drawings Clause.

(d) Omissions from the drawings or specifications, or the omission or misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, will not relieve the Contractor from performing such omitted or misdescribed details of the work but they will be performed as if fully and correctly set forth and described in the drawings and specifications.

(e) The Contractor must check all drawings furnished him immediately upon their receipt and promptly notify the Contracting Officer of any discrepancies. Figures marked on drawings must in general be followed in preference to scale measurements. Large scale drawings will in general govern small scale drawings. The Contractor must compare all drawings and verify the figures before laying out the work and will be responsible for any errors which might have been avoided thereby.

SECTION D – PACKAGING AND MARKING

NOT APPLICABLE TO THIS SOLICITATION/CONTRACT

SECTION E - INSPECTION AND ACCEPTANCE

E. 1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

INCORPORATED BY REFERENCE

FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E. 2 NFS 1852.246-72 MATERIAL INSPECTION AND RECEIVING REPORT

(APR 2015)

(a) At the time of each delivery to the Government under this contract, the Contractor shall prepare and furnish a Material Inspection and Receiving Report (DD Form 250 series). The forms shall be prepared and distributed as follows: One copy shall be provided to the Contracting Officer’s Representative (COR).

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

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

(c) When more than one package is involved in a shipment, the Contractor shall list on the DD Form 250, as additional information, the quantity of packages and the package numbers. The Contractor shall forward the DD Form 250 with the lowest numbered package of the shipment and print the words "CONTAINS DD FORM 250" on the package.

(End of clause)

E. 3 BASIC INSPECTION SYSTEM

Pursuant to FAR Clause 52.246-12, Inspection of Construction, or FAR Clause 246-13, Inspection

– Dismantling, Demolition, or Removal of Improvements:

The Contractor must maintain and implement a basic inspection system as identified below:

(a) Definitions:

"Inspection" means examining and testing supplies or services (including, when appropriate, raw materials, components, and intermediate assemblies) to determine whether they conform to contract requirements.

"Testing" means that element of inspection that determines the properties or elements, including functional operation of supplies or their components, by the application of established scientific principles and procedures.

"Independent Testing Laboratory" means an independent organization, accepted by the Contracting Officer, engaged to perform specific inspections or tests of the work, either at the site or elsewhere, and report the results of these inspections or tests.

(b) The inspection system must be documented to ensure and provide objective evidence of quality control in the form of records of inspections and test results. The system must also ensure that nonconforming articles or materials are discovered, documented, and controlled through effective remedial and preventive actions.

The Contractor may use, at his option, in whole or in part, his existing higher level inspection system or quality assurance program provided such system is revised and identified to the requirements below.

(c) The Contractor must provide a narrative description of an inspection system which provides for compliance with the quality requirements and technical criteria of the contract.

(1) The description must be submitted for review by the Contracting Officer not later than 7 days after contract award.

(2) The description must address each of the Basic Inspection System Requirements identified in paragraph (d) below. This submittal must address both the general inspection system that will be used during the performance of all work under the contract, including but not limited to those items identified under paragraphs d(1), d(2)(iv), d(2)(v), and d(2)(vi) below.

(d) Basic Inspection System Requirements: The Contractor must describe how each of the following requirements is to be satisfied and what records will be maintained, both on-site and offsite.

(1) The Contractor must identify the individual responsible for on-site contact and communication relative to implementation and operation of the inspection system. The name of this individual must be provided, in writing, to the Contracting Officer’s Representative (COR).

(2) Standard requirements:

(i) A purchasing control system which ensures that all purchasing documents, including those of subcontractors and suppliers, are traceable to the drawings, specifications, and approved submittal requirements.

(ii) A receiving inspection system with documented evidence of Contractor inspection traceable to the procurement documents.

(iii) A system of controls and records for handling, recording, identification and disposition of nonconforming articles and materials.

(iv) A system of identification of inspections required by each specific section of the specifications and drawings and what records will be maintained.

(v) Identification of tests to be performed, including test procedures, test records, and the independent testing organization(s) be utilized.

(vi) Additional requirements (if included in the drawings, specifications, or contract provisions):

(A) Certification or recertification of personnel and qualification of procedures.

(B) Management and accountability of Government furnished equipment, components, or materials.

(C) Calibration of inspection test gages, tools, measuring instruments, and independent laboratories to be utilized.

E. 4 SYSTEMS ACCEPTANCE AND TESTING (JAN 2018)

Pursuant to FAR 52.246-12, Inspection of Construction:

Systems tests must be performed as described below:

(a) SYSTEMS

Systems tests must be performed on fire protection, fire suppression, HVAC, compressed air and all other assemblies of components which must be tested as an inter-related whole to verify proper functioning.

(b) SYSTEM TEST PROCEDURES

A test procedure and a recording form which documents every step of the system test must be submitted for approval under the terms of the "Shop Drawings" clause of this contract. Test procedures must be approved prior to requesting a date for testing. Each step in the test procedure must be witnessed by the Contracting Officer's Representative who will then date and sign the approved recording form for each step witnessed.

The procedure must consist of step by step instructions for testing all specified system parameters, system components, and proper overall functioning of the system.

(c) SYSTEM TESTING AND ACCEPTANCE

The following tests must be performed by the Contractor in strict accordance to the approved test procedure described above.

(1) Functional Test -- This must be an "in house" test to verify proper installation and functioning of the system and its components. This functional test must be performed in the presence of Government inspectors and be repeated until the Contractor can perform one full test without device or system malfunction.

(2) System Acceptance Test -- After successful completion of the functional testing the system must be tested formally with full documentation using the previously approved recording form. The Contractor must notify the Contracting Officer, in writing, forty eight (48) hours prior to system acceptance testing. The appointed Contracting Officer Representative will witness, date and stamp each test in the procedure. Acceptance of the system will be based upon the written approval of the Contracting Officer’s Representative.

Nothing in this clause will relieve the contractor from the requirements of FAR 52.246-12, "Inspection of Construction."

E. 5 FINAL INSPECTION AND ACCEPTANCE (JAN 2018)

Final inspection and acceptance of all work under this contract will be conducted by the Contracting Officer’s Representative (COR). Upon satisfactory completion of the contract, the Contractor will be paid the fixed-price value of the contract, less the amount of any progress payments made under FAR Clause 52.232.5, Payments Under Fixed-Price Construction Contracts, or FAR Clause 52.237-4, Payment by Government to Contractor.

NOTE: The contractor must include a line item in the schedule of values and progress schedule for completion of punch-list items, site clean-up, demobilization and final construction (as-built) drawings. The amount of this line item must be equal to 10% of the contract value or $100,000, whichever is less. The Government will not pay final invoices for this amount until all punch-list, site clean-up, and demobilization activities are complete;

final construction drawings are delivered; and final acceptance is made on DD Form 250, Material Inspection and Receiving Report.

SECTION F – DELIVERIES OR PERFORMANCE

F. 1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

Fill-Ins:

(a) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed.

(c) complete the entire work ready for use not later than 730 calendar days after the date the contractor receives the notice to proceed.

FAR 52.242-14 SUSPENSION OF WORK (APR 1984)

F. 2 KSC 52.211-92 WORK PERIOD (MAR 2002)

Contractor's work day will be limited to first shift 7 A.M. to 3:30 P.M. Monday through Friday only. Any other work period will require special/ written approval from the Contracting Officer seven (7) days in advance of proposed change in work periods.

F. 3 PLACE OF PERFORMANCE (JAN 2018)

This is a firm-fixed price construction contract for Safety and Reliability Power Upgrades, Phases

4 & 5 at various locations at Kennedy Space Center, Florida.

F. 4 DOWNTIME AND EXCAVATION HOLDS

For the purposes of this contract, the Contractor must assume a maximum of 60 days during which all construction activities will be prohibited. In addition, the Contractor must assume a maximum of 20 days during which all excavation and other subsurface activities will be prohibited but other construction activities will be allowed. Lastly, the Contractor must assume a maximum of 30 days during which all power switching will be restricted. During this period all Power Outages will not be allowed.

SECTION G – CONTRACT ADMINISTRATION DATA

G. 1 NASA FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 18) CLAUSES

NFS 1852.223-71 AUTHORIZATION FOR RADIO FREQUENCY USE

(APR 2015)

G. 2 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.

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

(B) A reconciliation of all billed and earned fee.

(C) A clear explanation of the fee calculations.

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

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

(2) The contract includes provisions allowing the contractor to submit vouchers or invoices using the steps for non-electronic payment 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.

G. 3 NFS 1852.245-82 OCCUPANCY MANAGEMENT REQUIREMENTS (SEP

2017)

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

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

(2) NPR 8831.2, Facilities Maintenance and Operations Management.

(b) The Contractor shall obtain the written approval of the Contracting Officer before installing or removing Contractor-owned property onto or into any Government real property or when movement of Contractor-owned property may damage or destroy Government-owned property. The Contractor shall restore damaged property to its original condition at the Contractor’s expense.

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

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

G. 4 NFS 1852.245-83 REAL PROPERTY MANAGEMENT REQUIREMENTS

(JAN 2011)

(a) In addition to the requirements of the FAR Government Property Clause incorporated in this contract (FAR 52.245–1), the Contractor shall comply with the following in performance of any maintenance, construction, modification, demolition, or management activities of any Government real property:

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

(2) NPR 8831.2, Facilities Maintenance and Operations Management.

(b) Within 30 calendar days following award, the Contractor shall provide a plan for maintenance of Government real property provided for use under this contract. The Contractor’s maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the Contracting Officer the need for replacement and/or capital rehabilitation. Upon acceptance by the Contracting Officer, the program shall become a requirement under this contract.

(c) Title to parts replaced by the Contractor in carrying out its normal maintenance obligations shall pass to and vest in the Government upon completion of their installation in the facilities.

The Contractor shall keep the property free and clear of all liens and encumbrances.

(d) The Contractor shall keep records of all work done to real property, including plans, drawings, charts, warranties, and manuals. Records shall be complete and current. Record of all transactions shall be auditable. The Government shall have access to these records at all reasonable times, for the purposes of reviewing, inspecting, and evaluating the Contractor’s real property management effectiveness. When real property is disposed of under this contract, the Contractor shall deliver the related records to the Government.

(e) The Contracting Officer may direct the Contractor in writing to reduce the work required by the maintenance program authorized in paragraph (b) of this clause at any time.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H. 1 NASA FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 18) CLAUSES

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)

NFS 1852.242-72 DENIED ACCESS TO NASA FACILITIES (OCT 2015)

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 NASA’s Kennedy Space Center, 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.

(End of clause)

H. 3 NFS 1852.243-72 EQUITABLE ADJUSTMENTS (APR 1998)

(a) The provisions of all other clauses contained in this contract which provide for an equitable adjustment, including those clauses incorporated by reference with the exception of the "Suspension of Work" clause (FAR 52.242-14), are supplemented as follows:

Upon written request, the Contractor shall submit a proposal for review by the Government.

The proposal shall be submitted to the contracting officer within the time limit indicated in the request or any extension thereto subsequently granted. The proposal shall provide an itemized breakdown of all increases and decreases in the contract for the Contractor and each subcontractor in at least the following detail: material quantities and costs; direct labor hours and rates for each trade; the associated FICA, FUTA, SUTA, and Workmen's Compensation Insurance; and equipment hours and rates.

(b) The overhead percentage cited below shall be considered to include all indirect costs including, but not limited to, field and office supervisors and assistants, incidental job burdens, small tools, and general overhead allocations. "Commission" is defined as profit on work performed by others. The following percentages for overhead, profit, and commission are negotiated for this contract according to the nature, extent, and complexity of the work involved and shall not be exceeded on any equitable adjustments. These rates are negotiable, downward only, if the nature, extent, and complexity of the work involved on an equitable adjustment are not commensurate with the basic contract.

Overhead (Percent)

Profit (Percent)

Commission

To Contractor on work performed by other than its own forces

----- ----- 10 percent

To first tier subcontractor on work performed by its subcontractors

----- ----- 10 percent

To Contractor and/or subcontractors on work performed with their own forces

10 percent 10 percent -----

(c) Not more than four percentages for overhead, profit, and commission shall be allowed regardless of the number of subcontractor tiers.

(d) The Contractor or subcontractor shall not be allowed overhead or commission on the overhead, profit, and/or commission received by its subcontractors.

(e) Equitable adjustments for deleted work shall include credits, limited to the same percentages for overhead, profit, and commission in paragraph (b) of this clause.

(f) On proposals covering both increases and decreases in the amount of the contract, the application of the overhead, profit, and commission shall be on the net change in direct costs for the Contractor or the subcontractor performing the work.

(g) After receipt of the Contractor's proposal, the contracting officer shall act within a reasonable period, provided that when the necessity to proceed with a change does not permit time to properly check the proposal, or in the event of a failure to reach an agreement on a proposal, the contracting officer may order the Contractor to proceed on the basis of the price being determined at the earliest practicable date. In such a case, the price shall not be more than the increase or less than the decrease proposed.

(End of Clause)

H. 4 KSC 52.222-6 SPECIAL ENCLAVE STATUS FOR KENNEDY SPACE CENTER

(JUL 2018)

Pursuant to FAR 52.222-6, Construction Wage Rate Requirements:

The Kennedy Space Center (KSC) is part of a special enclave within Brevard County which includes the geographic area consisting of KSC, Cape Canaveral Air Force Station, and Patrick Air Force Base, as specified in the attached wage determination. The Department of Labor (DOL) designated KSC as a part of this special enclave in the 1960's during construction of the launch complex. The labor classifications and prevailing wages differ significantly from those contained in wage determinations for the surrounding areas and the process of determining the proper labor classifications for work to be performed may differ significantly from that in a non-enclave environment. Offerors should contact the DOL for instructions concerning selection of proper labor classifications for all KSC construction projects within this special enclave. The DOL local office phone numbers are (321) 242-1851/office and (321) 614-8823/mobile.

The selection of the proper labor classifications from the solicitation's wage determination for the pricing of bids/proposals is the responsibility of the offeror in consultation with the DOL. Post award the contractor should continue to be aware of any potential impact KSC's special enclave status might have during contract performance (e.g. contract modifications). It is incumbent upon the offeror to make potential subcontractors aware of KSC's special enclave status and to instruct them to contact DOL for instructions for choosing the proper labor classifications. The Agency will not make any official determination as to the proper labor classifications for work described in this solicitation.

The successful offeror shall be solely responsible for the employment of workers with the proper skills and payment of them in accordance with FAR 52.222-6, Construction Wage Rate Requirements, and the solicitation's wage determination. The Agency will monitor contractor compliance in accordance with 29 CFR 5.5. Non-compliance will be reported to the DOL. DOL will determine compliance with the Act and decide on enforcement actions. Any disputes concerning labor standards requirements will be handled by the DOL in accordance with FAR 52.222-14, Disputes Concerning Labor Standards.

H. 5 KSC 52.223-121 REPORTING OF INCIDENTS INVOLVING WORKPLACE

VIOLENCE (JUL 2018)

The contractor shall conduct training on and develop procedures for recognizing, managing and responding to incidents and threats of workplace violence as defined in NASA Policy Directive (NPD) 1600.3, Policy on Prevention of and Response to Workplace Violence. Contractors shall also promptly report all incidents involving workplace violence to the Protective Services Office. If the NASA Threat Assessment Team (TAT) Chair and Co-Chair determine it is appropriate for the contractor to participate in a TAT meeting, the contractor shall comply with the TAT request. The contractor is also responsible for reporting disposition of the incident reported to the NASA TAT.

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

H. 6 KSC 52.242-90 CONTROLS APPLICABLE TO CONTRACTORS’ ACTIVITIES

(JUL 2018)

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

The Contractor shall comply with the following publication, which can be found at https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1600&s=4A :

NPR 1600.4A, Identity and Credential Management

The Contractor shall comply with the following publications and those publications checked as applicable below. These documents can be found at http://procurement.ksc.nasa.gov/PPD/documents :

KNPR 8715.2, Comprehensive Emergency Management Plan (CEMP)

KNPR 1600.1, KSC Security Procedural Requirements

KNPR 8500.1, KSC Environmental Management Requirements

KNPR 8715.3, KSC Safety Procedural Requirements

KNPD 1600.3, Use of Alcoholic Beverages on Kennedy Space Center (KSC) Property

Check if applicable:

[ X ]KNPD 1810.1 KSC Occupational Medicine Program

[ X ]KNPR 1860.1 KSC Ionizing Radiation Protection Program

[ X ]KNPR 1860.2 KSC Nonionizing Radiation Protection Program

[ ]KNPR 1820.3 KSC Hearing Loss Prevention Program

[ ]KNPR 1820.4 KSC Respiratory Protection Program

[ ]KNPR 1840.19 KSC Industrial Hygiene Programs

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

[ ] KNPR 1840.1 KSC Hazard Communication Program

[ ] KNPR 1870.1 KSC Sanitation and Public Health Program

[ X ] KNPR 2570.1 KSC Radio Frequency Spectrum Management Procedural Requirements

[ ] KNPR 4000.1 Supply and Equipment System Manual

[ ] KNPR 6000.1 KSC Transportation Support System

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

Requirements

[ ] KNPR 8830.1 Facilities Asset Management Procedural Requirements

H. 7 KSC 52.242-93 CONTRACTOR WORKFORCE REPORT – ONSITE

CONTRACTORS AND SUBCONTRACTORS (JUL 2018)

The Contractor shall submit, on a quarterly basis, a manpower report delineating information about its workforce. The report shall include: the contract number, the contractor's total on-site workforce, total on-site union represented employees by bargaining unit; total on-site non-union represented employees, and total off-site workforce performing on the contract. The Contractor shall provide this information no later than 10 days after the close of each reporting period which end March 31st, June 30th, September 30th, and December 31st. The report shall be submitted to the Contracting Officer with a copy to the Industrial Labor Relations Office KSC- DL-OP-IndustrialRelations@mail.nasa.gov.

H. 8 SAFETY AND HEALTH (JAN 2018)

Pursuant to NFS 1852.223-70, Safety and Health:

(a) Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment. NASA’s safety priority is to protect: the public, astronauts and pilots, the NASA workforce (including contractor employees working on NASA contracts), and high-value equipment and property.

(b) The Contractor must take all reasonable safety and occupational health measures in performing this contract. The Contractor must comply with all Federal, State, and local laws applicable to safety and occupational health and with the safety and occupational health standards, specifications, reporting requirements, and any other relevant requirements of this contract.

(c) Kennedy Space Center Voluntary Protection Program (VPP)

Kennedy Space Center has implemented a comprehensive safety and health management system, and has demonstrated its commitment to providing and maintaining a safe workplace by successfully completing a rigorous evaluation process to achieve recognition by the Occupational Health and Safety Administration (OSHA) as a “Voluntary Protection Program (VPP) Star Worksite.” The VPP program promotes effective worksite-based safety and health, encourages employers and employees to reduce the number of occupational safety and health hazards at their places of employment, establishes cooperative relationships between management, labor, and OSHA, and serves to augment limited OSHA resources.

(d) Reporting Procedures for Close Calls and Mishaps (Also reference NFS 1852.223-70, Safety and Health)

(1) The contractor must submit a NASA Direct Construction Contractor Mishap Report Form (KDP-F-3645) to the Contracting Officer to document close calls or mishaps and associated corrective actions. In addition, the Contracting Officer may issue a “Notice of Violation” to document safety violations under this contract when needed.

The Contractor must use the form provided to communicate actions taken to correct or mitigate safety/health non-conformance at the job-site, as well as any corrective actions taken to prevent recurrence. This report must be posted on the job site until all corrective actions have been completed.

(2) In the event the non-compliance poses imminent danger, the Contracting Officer may invoke the stop-work order clause in this contract until such time as the immediate hazard has been mitigated. If the Contractor fails or refuses to institute prompt corrective action, the Contracting Officer may invoke the stop-work order clause or any other remedy available to the Government in the event of such failure or refusal.

(3) The Contractor (or subcontractor or supplier) must insert the “Reporting Procedures for Close Calls and Mishaps” section of this clause, including this paragraph and any applicable Schedule provisions and clauses, with appropriate changes of designations of the parties, in all solicitations and subcontracts of every tier, when the work will be conducted completely or partly on premises owned or controlled by the Government.

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 these addresses:

FAR site: http://www.acquisition.gov/far/index.html NFS site: http://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

I. 2 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSES INCORPORATED BY REFERENCE

CLAUSE TITLE

FAR 52.202-1 DEFINITIONS (JUN 2020)

FAR 52.203-3 GRATUITIES (APR 1984)

FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT (JUN 2020)

FAR 52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS

FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

FAR 52.203-10 PRICE OR FEE ADJUSTMENTS FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (JUN 2020)

FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

(JUN 2020)

FAR 52.203-14 DISPLAY OF HOTLINE POSTER(S) (JUN 2020)

FAR 52.203-17

FAR 52.204-4

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (JUN 2020)

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 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (JUN 2020)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

(OCT 2018)

FAR 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS

(OCT 2016)

FAR 52.204-19

FAR 52.204-23

INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB

AND OTHER COVERED ENTITIES (JUL 2018)

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

FAR 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN 2020)

FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (OCT 2018)

FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (NOV 2015)

FAR 52.210-1 MARKET RESEARCH (APR 2011)

FAR 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEP 2000)

Fill-In: amount of $580.00 for each calendar day…

FAR 52.211-13 TIME EXTENSIONS (SEP 2000)

FAR 52.215-2 AUDIT AND RECORDS – NEGOTIATION (JUN 2020)

FAR 52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT

(OCT 1997)

FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR

PRICING DATA (AUG 2011)

FAR 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA

(JUN 2020)

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

DATA OTHER THAN CERTIFIED COST OR PRICING DATA –

MODIFICATIONS (JUN 2020) ALTERNATE IV (OCT 2010)

Fill-In: (b) Provide cost data (e.g. established catalog or market prices, vendor quotes, sales to governmental and non-governmental entities, etc) to the extent necessary for the contracting officer to determine a fair and reasonable price. All cost/pricing data must be submitted, via e-mail, in MS Excel format. Access to records necessary to permit adequate evaluation of the proposed price must be provided to the contracting officer.

FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET- ASIDE (NOV 2020)

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

FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020)

Fill-In: Para (d)(1): By the end of the performance period

FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (NOV 2020)

FAR 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

(FEB 1997)

FAR 52.222-3 CONVICT LABOR (JUN 2003)

FAR 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT—

OVERTIME COMPENSATION (MAR 2018)

FAR 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

FAR 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

FAR 52.222-8 PAYROLLS AND BASIC RECORDS (AUG 2018)

FAR 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

FAR 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS

(FEB 1988)

FAR 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

FAR 52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

FAR 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE

REQUIREMENTS AND RELATED REGULATIONS (MAY 2014)

FAR 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

FAR 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

FAR 52.222-26 EQUAL OPPORTUNITY (SEP 2016)

FAR 52.222-27

AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION (APR 2015)

FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020)

FAR…