80KSC022R0004 Amend 0001 Tracked Changes Portfolio - Informational Only.pdf

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COMET RFP No. 80KSC022R0004 AMENDMENT 0001 ATTACHMENT J-01

2.3.4 Information Technology (IT) Security Compliance

2.3.4.1 The Contractor shall develop, implement, and maintain an IT Security Management Plan (DRD 2.3-2) and IT System Security Documents (DRD 2.3-3) for systems developed or operated in performance of this contract.

2.3.4.2 The Contractor shall install the NASA-provided Continuous Diagnostics and Mitigation (CDM) solutions on all supported IT devices and integrate with the Agency reporting mechanisms, including Risk Information Security Compliance System (RISCS) and IT Security Enterprise Data Warehouse (ITSEC-EDW).

2.3.4.3 The Contractor shall configure all applicable IT systems, applications, and services based on the security configuration standards defined by the Cybersecurity Standards and Engineering Team (CSET)’s Agency Security Configuration Standards (ASCS).

2.3.4.4 The Contractor shall comply with NPR 2810.1, Security of Information and Information Systems Security of Information and Information Systems aAssessment and Authorization requirements.

2.3.4.5 The Contractor shall protect all sensitive information in accordance with NASA Interim Directive (NPRID) 2810.7135, Controlled Unclassified Information.

2.3.4.6 The Contractor shall ensure all sensitive data is protected with NASA-approved Federal Information Processing Standards (FIPS) 140-2 compliant solutions.

2.3.4.7 The Contractor shall plan for and implement the full System Development Life Cycle (SDLC) maintenance and updates, including End of Life and End of Support product replacement strategy, of Contractor-managed operating systems, platforms, and applications in accordance with NPR 2810.1, Security of Information Technology. Reference National Institute of Standards Technology (NIST) Special Publication (SP) 800-64, Security Considerations in the System Development Life Cycle for additional information.

2.3.4.8 The Contractor shall implement the full SDLC maintenance and updates of custom, Government Off-The-Shelf (GOTS), Commercial Off-The-Shelf (COTS), and open source software installed on Government-furnished systems and devices such as non-NEST (NASA End-User Services and Technology) desktop/laptop computers.

2.3.4.9 The Contractor shall comply with the current Office of the Cyber Security Services (OCSS), Supply Chain Risk Management Program processes on required assessments before procuring any IT applications, services, or systems, including hardware or software components. All procured IT shall meet National Defense Authorization Act (NDAA) section 889, Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.

2.3.4.10 The Contractor shall comply with PDM 2013-127-EUS, Data At Rest (DAR) Waiver Process, and ensure that all appropriate computers with NASA data have DAR installed. For reference see NASA Technical Standard NASA-STD-2602, Minimum Information System Owner and End User Security for Data at Rest.

System Design Document Concepts of execution: Development Offline Support and Training - Volume 4.

4.2.5 The Contractor shall build Spaceport Command and Control System (SCCS) software for operational support. For reference see K0000112994-PLN, Ground Elements Command Control and Communications Project LCS Build Plan.

4.2.6 The Contractor shall provide Firing Room support capabilities necessary to ensure day-to-day operations such as: console operations and reconfiguration, set initialization and provisioning, troubleshooting, hardware replacement and hardware maintenance on a real-time basis.

4.2.7 The Contractor shall maintain command and control system hardware and software. For reference see GSDO-PLN-1142, EGS Program Operations and Maintenance Controlled Requirements Management Plan and GSDO-PLN-1076, Cross-Program Operations and Maintenance Requirements and Specifications Management Plan.

4.2.8 The Contractor shall maintain LCS and Kennedy Ground Control System (KGCS) hardware (examples include, but are not limited to servers, switches, routers, consoles, work stations, firewalls, gateways, local control distributors and end items) and software (examples include, but are not limited to configuration identifiers, CSCIs, GFAS, GSE remote and test code) while minimizing impact on operations.

4.2.9 The Contractor shall maintain the SCCS-Dev environment, Customer Avionics Interface Development and Analysid (CAIDA), GSDO Advance Hardware LCS Emulator (GAHLEs), and other remote integration test lab assets, Simulation Framework.

4.2.10 The Contractor shall maintain System Identifiers capabilities (examples include, but are not limited to, Operating System Identifier (OSID), External Enclave Identifier (EEID), System Configuration Identifier (SCID), and Test Configuration Identifier (TCID). For reference see:

K000112995-SPC, C3 System Design Document Volume 1 K0000111995-SPC, System Build Software Design Description K0000112994-PLN, Ground Elements Command Control and Communications Project LCS

Build Plan

5.2.2 Corrosion Control

5.2.2.1 The Contractor shall develop, implement, and maintain a Corrosion Control Plan (DRD 5.2-2) on Contractor-maintained ground systems.

5.2.2.2 The Contractor shall perform corrosion control activities in accordance with NASA-STD- 5008, Protective Coating of Carbon Steel, Stainless Steel, and Aluminum on Launch Structures, Facilities, and Ground Support Equipment and NPR 8530.1, NASA Sustainable Acquisition.

5.3 INTERNATIONAL SPACE STATION (ISS)

5.3.0.1 The Contractor shall perform processing operations for pressurized and unpressurized cargo and provide support for utilization payloads and research for the ISS. The Contractor shall disposition and resolve anomalies and NC(s) on flight systems and hardware (reference PWS section 2.1).

5.3.0.2 The Contractor shall develop, implement and maintain work instructions for flight system processing activities to ensure work complies with all design specifications, drawings, and operational and maintenance requirements.

5.3.0.3 The Contractor shall process pressurized and unpressurized ISS ORUs and Flight Support Equipment (FSE) as necessary to meet ISS manifest requests and any tasks needed for supporting the ISS vehicle on orbit. The Contractor shall support ISS Utilization activities including host-role support for customer-led or Government-led testing and checkout of Expedite the Processing of Experiments to the Space Station (EXPRESS) rack payloads, EXPRESS Logistics Carrier (ELC) payloads, Columbus-External Payload Facility (COL-EPF), and Japanese Experiment Module-Exposed Facility (JEM-EF) as required by KPL-UG-50001, Requirements/Guide for Spacecraft Processing at KSC and SSP-52000-PAH-KSC, International Space Station Payload Accommodation Handbook.

5.3.0.4 The Contractor shall process ISS flight hardware and payloads as identified in SSP 50110, Multi-Increment Manifest (MIM) Document, Appendix 03, COMET Manifest and SSP 50450, Multi-Increment Payload Resupply and Outfitting Model.

5.3.0.5 The Contractor shall provide payload laboratory support for ISS life science payloads including pre-flight, in-flight, post-flight, ground control, and simulation activities. The Contractor shall provide support to other NASA-directed science missions (such as planetary protection; reference PWS section 5.4.2).

5.3.0.6 The Contractor shall provide mission integration to ISS Research life science and similar payloads. ISS mission platforms include non-ISS sorties, sorties to ISS, and on-orbit ISS facilities launched on commercial and international partner launch vehicles.

5.3.0.7 The Contractor shall provide a focal to coordinate or perform ISS host role services from other areas of the contract or other contractors, including services that:

COMET RFP No. 80KSC022R0004 AMENDMENT 0001 TABLE OF CONTENTS

TABLE OF CONTENTS

SECTION A. SOLICITATION/CONTRACT FORM

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SUPPLIES AND/OR SERVICES TO BE PROVIDED

B.2 NFS 1852.216-84 ESTIMATED COST AND INCENTIVE FEE (OCT 1996)

B.3 INCENTIVE FEE AND AWARD FEE

B.4 STANDARDIZED VALUES

B.5 NFS 1852.232-81 CONTRACT FUNDING (JUN 1990)

B.6 INDEFINITE-DELIVERY INDEFINITE-QUANTITY SERVICES

B.7 RESERVED

B.8 SPECIAL PROVISIONS REGARDING CONTRACT ADJUSTMENTS

B.9 SPECIAL COST REQUIREMENTS

SECTION C. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF WORK

C.2 DATA REQUIREMENTS LIST/DATA REQUIREMENTS DESCRIPTION

SECTION D. PACKAGING AND MARKING

D.1 NFS 1852.211-70 PACKAGING, HANDLING, AND TRANSPORTATION (SEP 2005)

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

EQUIPMENT (JAN 2011)

SECTION E. INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

E.2 HIGHER LEVEL CONTRACT QUALITY COMPLIANCE AUDITS

SECTION F. DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE

F.3 PLACE OF PERFORMANCE

SECTION G. CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

G.2 NFS 1852.216-76 AWARD FEE FOR SERVICE CONTRACTS (JUN 2018)

G.3 NFS 1852.232-80 SUBMISSION OF VOUCHERS/VOUCHERS FOR PAYMENT (APR

2018)

G.4 NFS 1852.245-71 INSTALLATION–ACCOUNTABLE GOVERNMENT PROPERTY

(JUN 2018)–ALTERNATE I (JAN 2011)

G.5 NFS 1852.245-73 FINANCIAL REPORTING OF NASA PROPERTY IN THE

CUSTODY OF CONTRACTORS (JAN 2017)

G.6 NFS 1852.245-76 LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT

TO FAR 52.245-1 (JAN 2011)

G.7 NFS 1852.245-82 OCCUPANCY MANAGEMENT REQUIREMENTS (SEPT 2017).. 26

G.7.1 NFS 1852.245-83 REAL PROPERTY MANAGEMENT REQUIREMENTS (JAN

2011)

G.8 POST PRODUCTION SUPPORT (PPS) PROPERTY MANAGEMENT

G.9 PAYMENT AND SUBMISSION OF VOUCHERS (INFORMATION IN ADDITION

NFS 1852.232-80 SUBMISSION OF VOUCHERS/VOUCHERS FOR PAYMENT)

G.10 GOVERNMENT INDUSTRY DATA EXCHANGE PROGRAM (GIDEP)

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES INCORPORATED BY REFERENCE

H.2 NFS 1852.209-71 LIMITATION OF FUTURE CONTRACTING (DEC 1988)

H.3 NFS 1852.225-70 EXPORT LICENSES (FEB 2000)

H.4 NFS 1852.228-76 CROSS-WAIVER OF LIABILITY (OCT 2012) (DEVIATED)

H.5 NFS 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (MAR

1989)

H.6 NFS 1852.235-71 KEY PERSONNEL AND FACILITIES (MAR 1989)

H.6.1 KSC 52.222-6 SPECIAL ENCLAVE STATUS FOR KENNEDY SPACE CENTER

(JUL 2018)

H.7 KSC 52.223-121 REPORTING OF INCIDENTS INVOLVING WORKPLACE

VIOLENCE (JUL 2018)

H.8 KSC 52.242-90 CONTROLS APPLICABLE TO CONTRACTOR'S ACTIVITIES (JUL

2018)

H.9 KSC 52.242-93 CONTRACTOR WORKFORCE REPORT–ONSITE CONTRACTORS

AND SUBCONTRACTORS (JUL 2018)–ALTERNATE I (JUL 2011) AND ALTERNATE II

(NOV 2019)

H.10 KSC 52.245-90 MANAGEMENT OF NASA-OWNED/CONTRACTOR-HELD

RECORDS (JUL 2018)

H.11 KSC 52.245-97 RECORDS MANAGEMENT (JUL 2018)

H.12 ASSOCIATE CONTRACTOR AGREEMENT

H.13 ORGANIZATIONAL CONFLICT OF INTEREST MITIGATION PLAN

H.14 ENVIRONMENTAL PROTECTION

H.15 COMPUTING SERVICES

H.16 NASA’S TECHNOLOGY TRANSFER PROGRAM

H.17 GOVERNMENT’S RIGHTS TO INFORMATION INCIDENTAL TO CONTRACT

ADMINISTRATION

H.18 INDEMNIFICATION OF UNUSUALLY HAZARDOUS RISKS

H.19 POLICY DIRECTIVES, PROCEDURES, AND REQUIREMENTS

H.20 GOVERNMENT PERFORMANCE OF ACTIVITIES

H.21 USE OF GOVERNMENT RESOURCES

H.22 CONTRACT CHANGES PROCEDURE

SECTION I. CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE

I.2 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

I.3 FAR 52.216-18 ORDERING (AUG 2020)

I.4 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.5 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.6 RESERVED

I.7 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.8 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 66

I.9 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

I.10 FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

(JUN 2020)

I.11 FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

(MAY 2014)

I.12 FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL

CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)

I.13 FAR 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS. (DEVIATION 21-03)

I.14 FAR 52.227-14 RIGHTS IN DATA–GENERAL (MAY 2014) [AS MODIFIED BY NFS

1852.227-14 RIGHTS IN DATA-GENERAL]–ALTERNATE II (DEC 2007) AND

ALTERNATE III (DEC 2007)

I.15 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.16 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

I.17 NFS 1852.204-75 SECURITY CLASSIFICATION REQUIREMENTS (SEP 1989)

I.17.1 NFS 1852.204-76 SECURITY REQUIREMENTS FOR UNCLASSIFIED

INFORMATION TECHNOLOGY RESOURCES (DEVIATION 21-01) ........................... 78.1

I.18 NFS 1852.216-80 TASK ORDERING PROCEDURE (OCT 1996) ............................. 78.2

I.19 NFS 1852.225-71 RESTRICTION ON FUNDING ACTIVITY WITH CHINA (FEB

2012)

I.20 NFS 1852.239-74 INFORMATION TECHNOLOGY SYSTEM SUPPLY CHAIN RISK

ASSESSMENT (DEVIATION 15-03D)

SECTION J. LIST OF ATTACHMENTS

SECTION K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

K.1 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022)

K.1.1 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018) ...................................................................................................................................... 88.1

K.2 FAR 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020) ...... 88.2

K.3 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS–

CERTIFICATION (NOV 2021)

K.4 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (SEP 2021)–

ALTERNATE I (SEP 2015)

K.5 FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.6 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND

CERTIFICATION (JUN 2020)

K.7 FAR 52.230-7 PROPOSAL DISCLOSURE-COST ACCOUNTING PRACTICE

CHANGES (APR 2005)

K.8 NFS 1852.225-72 RESTRICTION ON FUNDING ACTIVITY WITH CHINA–

REPRESENTATION (FEB 2012)

K.9 PROVISIONS INCORPORATED BY REFERENCE

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

RESPONDENTS

L.1 PROVISIONS INCORPORATED BY REFERENCE

L.2 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)

L.3 FAR 52.215-1 INSTRUCTIONS TO OFFERORS–COMPETITIVE ACQUISITION

(NOV 2021)

L.4 FAR 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND

DATA OTHER THAN CERTIFIED COST OR PRICING DATA (NOV 2021)–

ALTERNATE III (OCT 1997) AND ALTERNATE IV (OCT 2010)

L.5 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

L.6 FAR 52.222-46 EVALUATION OF COMPENSATION FOR PROFESSIONAL

EMPLOYEES (FEB 1993)

L.7 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.8 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

L.9 FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

L.10 NFS 1852.231-71 DETERMINATION OF COMPENSATION REASONABLENESS

(APR 2015)

L.11 NFS 1852.239-73 REVIEW OF THE OFFEROR’S INFORMATION TECHNOLOGY

SYSTEMS SUPPLY CHAIN (DEVIATION 15-03D)

L.12 NFS 1852.245-80 GOVERNMENT PROPERTY MANAGEMENT INFORMATION

(JAN 2011)

L.13 NFS 1852.245-81 LIST OF AVAILABLE GOVERNMENT PROPERTY. (JAN 2011)

L.14 COMMUNICATIONS REGARDING THIS SOLICITATION

L.15 AVAILABILITY OF REFERENCE INFORMATION

L.16 CONTRACT PHASE-IN

L.17 ELECTRONIC SUBMISSION OF PROPOSALS–PROPOSAL MARKING AND

DELIVERY THROUGH NASA’S EFSS BOX (NOV 2021)

L.18 PROPOSAL SUBMISSION

L.19 LIST OF SECTION L ATTACHMENTS

L.20 NFS 1852.215-81 PROPOSAL PAGE LIMITATIONS (APR 2015)

L.21 MISSION SUITABILITY VOLUME INSTRUCTIONS

L.21.1 MANAGEMENT APPROACH

L.21.2 TECHNICAL APPROACH

L.21.3 SMALL BUSINESS UTILIZATION

L.22 PAST PERFORMANCE VOLUME INSTRUCTIONS

L.23 COST VOLUME INSTRUCTIONS

L.23.1 GENERAL COST INSTRUCTIONS

L.23.2 SPECIFIC COST INSTRUCTIONS:

L.24 PLANS AND OTHER DATA VOLUME INSTRUCTIONS

L.25 MODEL CONTRACT VOLUME INSTRUCTIONS

L.26 NOTICE OF POTENTIAL ORGANIZATIONAL CONFLICTS OF INTEREST

L.27 FACILITY SECURITY CLEARANCE REQUIREMENT

SECTION M. EVALUATION FACTORS FOR AWARD

M.1 EVALUATION AND SOURCE SELECTION – GENERAL

M.2 FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

M.3 MISSION SUITABILITY FACTOR

M.3.1 MANAGEMENT APPROACH

M.3.2 TECHNICAL APPROACH

M.3.3 SMALL BUSINESS UTILIZATION

M.4 PAST PERFORMANCE FACTOR

M.5 COST FACTOR

COMET RFP No. 80KSC022R0004 AMENDMENT 0001 SECTION B causing a cost increase: For each contract Government fiscal year specified in Attachment J- 18, Contract Schedule Tables, B.2F.2 Period of Performance, if the net aggregate cost of all events estimated to have a cost impact of $650,000 or less (exclusive of fee) reaches $5 million within any contract year, then, for the remainder of the contract year, the foregoing limitation on equitable adjustments shall not apply to any events occurring after the $5 million net aggregate amount is reached.

(End of clause)

B.9 SPECIAL COST REQUIREMENTS

The Contractor will be reimbursed for all allowable, allocable and reasonable expenditures incurred in the performance of work under B.1, Supplies and/or Services to be Provided, of this contract subject to the following limitations:

(a) Provisional indirect billing rates

(1) Provisional billing rates for indirect costs shall be set at the discretion of the Contracting Officer based upon proposals from the Contractor and information resulting from recent review, previous rate audits, similar reliable data, or experience of other contracting activities. In establishing billing rates, the Contracting Officer should ensure that the billing rates are as close as possible to the final indirect cost rates anticipated for the Contractor’s fiscal period, as adjusted for any unallowable costs. These provisional billing rates shall be specified in writing and may be revised either retroactively or prospectively by the Contracting Officer. Once per year and no less than 90 days prior to each contract period, the Contractor and associated subcontractors shall submit a proposal for the coming year’s provisional billing rates. If during the course of any particular year a significant disparity arises between the approved provisional billing rates and the actual rates, the Contractor and associated subcontractors shall submit a proposal requesting consideration for revision of the provisional rates. After expiration of each Government fiscal year, the Contractor and associated subcontractors shall submit a proposal requesting consideration for revision of the provisional indirect billing rates to the actual rates. Contractor and subcontractor rate adjustment proposals shall be submitted and processed concurrently once approval is granted by the Contracting Officer through a contract modification.

(2) Notwithstanding paragraph (a)(1) above and the terms of FAR 52.216-7 Allowable Cost and Payment, the provisional indirect rates will be examined at the conclusion of each contract year and, if necessary and warranted in the judgment of the Contracting Officer, may be adjusted upward or downward for future years.

(b) Fringe benefits: The Contractor shall inform the Contracting Officer of all proposed changes in fringe benefits which may result in an increased cost to the contract as soon as practicable, but in any event, prior to such changes being implemented. In accordance with FAR 31.205-6(m), fringe benefits are allowable to the extent they are reasonable and are required by law, employer-employee agreement, or an established policy of the Contractor and subject to any specific limitations set forth in this contract. Fringe benefits include, but

COMET RFP No. 80KSC022R0004 AMENDMENT 0001 SECTION B are not limited to, the cost of vacations, sick leave, holidays, military leave, employee insurance, and supplemental unemployment benefit plans.

(c) Contract expiration and severance pay: Severance pay shall be allowable as provided by FAR 31.205-6(g). However, termination of employment related to contract or task order expiration shall not be considered to be an involuntary termination or abnormal or mass severance as used in FAR 31.205-6(g). Any severance payment in addition to regular salaries and wages that is made of as a result of or in connection with the expiration of: any basic, option, or extended period of contract or task order performance shall be an unallowable cost. Any termination effective within 60 days of contract or task order expiration shall be presumed to be a result of or in connection with such expiration.

(d) Costs not subject to fee: The Contractor shall not apply fee to the non-labor cost of the following items: equipment, special tooling, special test equipment, relocation costs, leases, software licenses, maintenance agreements, travel and training, interdivisional transfers (material only), and materials and supplies (including materials and supplies procured through subcontracts),

(e) The Contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

(1) “Contractor” includes any division, subsidiary, or separate company owned wholly or in part or otherwise controlled by the offeror and any of the offeror’s subcontractors.

(2) “Subcontract” means a contract or contractual action entered into by a prime contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

(f) This contract incorporates FAR 52.217-2, Cancellation Under Multi-year Contracts, at section I.1 of the contract. In the event that funds are not made available for the continuation of each Government fiscal year identified in Attachment J-18, Contract Schedule Tables, B.2, for the base period, the requirements of FAR 52.217-2 shall apply.

The cancellation ceiling is $0.

COMET RFP No. 80KSC022R0004 AMENDMENT 0001 SECTION H

H.13 ORGANIZATIONAL CONFLICT OF INTEREST MITIGATION PLAN

(a) The Organizational Conflict of Interest Mitigation Plan is incorporated into this contract as Attachment J-11, Organizational Conflict of Interest Mitigation Plan.

(b) In performance of this contract, the Contractor may be required to perform work that contains some level of potential or perceived organizational conflict of interest related to access to nonpublic information, biased ground rules or impaired objectivity, see FAR Subpart 9.5, Organizational Conflicts of Interest. The occurrence of situations of this kind could possibly cause the Contractor’s judgment to be influenced toward certain products or services in performing under this contract. In addition, the Contractor may be required to perform tasks which affect the nature of work to be performed by the Contractor under other Government contracts. In order to eliminate or adequately mitigate any conflict of interest which may arise from either of these situations, the prime Contractor shall:

(1) Provide the Contracting Officer immediate notice in any case where the Contractor learns that it or its subcontractors will either be:

(i) Performing inspection, evaluation, or similar work concerning products and services which Contractor provides to NASA under other NASA contracts, or

(ii) Developing requirements for the products or services which the Contractor may provide under another contract.

(2) Within 7 calendar days after providing such notice to the Government, submit to the Contracting Officer for approval a revision to Attachment J-11, Organizational Conflict of Interest Mitigation Plan, including a proposed plan of action for eliminating or adequately mitigating the conflict identified (and subsequently submit any modifications to such plan as may be requested by the Contracting Officer).

(c) Implement the plan of action as approved by the Contracting Officer. The Contractor shall not undertake the performance of work for which notice has been given until the prime Contractor’s plan has been approved, unless the Contracting Officer authorized, in writing, the prime Contractor to proceed with the work pending approval. Where the term “Contractor” is used in this clause, it shall be deemed to mean the prime Contractor, and any subcontractor, except in the instance where the term “prime Contractor” is specifically used.

(d) ReservedTo the extent that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and as long as these data remain proprietary or confidential, the Contractor shall protect these data from unauthorized use and disclosure and agrees not to use them to compete with other companies.

(e) ReservedNotwithstanding any other provision of this clause, if the Contractor develops complete specifications or statements of work under this contract for non developmental items, and such specifications or statements of work are incorporated into a subsequent NASA solicitation, the Contractor shall be ineligible to furnish the items described in such solicitation. This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Officer and the prime Contractor (or determined by the Contracting Officer in

COMET RFP No. 80KSC022R0004 AMENDMENT 0001 SECTION H the event the parties are unable to agree), sufficient to avoid unfair competitive advantage or potential bias. The Contractor shall not be eligible in any case to compete for the initial contract, including any options, for non developmental items for which contractor has prepared complete specifications or statements of work. NASA shall not unilaterally require the prime Contractor to prepare such specifications or statements of work under this contract.

(f) The Contractor shall include the substantive provisions of this clause in any subcontracts, appropriately modified to reflect a prime-subcontract relationship.

H.14 ENVIRONMENTAL PROTECTION

The Contractor shall use all reasonable means available to protect the environment and natural resources. To the extent that Contractor’s activities cause damage to soil, sediment, surface water, ground water, or other environmental contamination, the Contractor shall indemnify, defend, and hold NASA harmless against any and all claims, demands, judgments, administrative actions, enforcement actions, and lawsuits alleging environmental pollution, contamination, damage to property, personal injury or death or violation of any environmental, health, or safety law, regulation, permit, order, decree or agreement arising from, or attributable to Contractor’s activities under this contract, including, or in connection with the actions or omissions of Contractor, its employees, subcontractors or related entities and their employees, or customers.

H.15 COMPUTING SERVICES

(a) The Contractor shall utilize the Government Provided IT Services as identified in Appendix 13, Government-Furnished Services.

(b) For any exceptions to utilization of Government Provided IT Services the Contractor shall submit a request for waiver to the Contracting Officer and Contracting Officer’s Representative for concurrence and then submit the waiver to the KSC Chief Information Officer (CIO) including the concurrence.

(c) For items authorized in accordance with paragraph (b) of this clause, the Contractor shall purchase IT hardware and software under NASA’s Solutions for Enterprise-Wide Procurement (SEWP) contracts, if available. The SEWP catalog can be accessed on the World Wide Web at http://www.sewp.nasa.gov.

(d) Any computer software acquired, developed or used in accordance with paragraph (c) of this clause may remain the custody of the Contractor until the Contracting Officer calls for the transfer or delivery thereof, or until transfer or delivery is made pursuant to any requirements specified elsewhere in this contract, whichever is earlier. Whenever such software is commercially available, the Contractor shall either grant or obtain from the

COMET RFP No. 80KSC022R0004 AMENDMENT 0001 SECTION I

SECTION I. CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE

In accordance with FAR 52.252-2, Clauses Incorporated by Reference, the following clauses are incorporated by reference:

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 ADJUSTMENT 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

(NOV 2021)

FAR 52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021)

Paragraph (b)(3) fill-in: NASA Office of the Inspector General, http://oig.nasa.gov/hotline.html

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (JUN 2020)

FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

FAR 52.204-2 SECURITY REQUIREMENTS (MAR 2021)

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

CONTENT PAPER (MAY 2011)

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FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011)

FAR 52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA–

MODIFICATIONS (JUN 2020)

FAR 52.215-14 INTEGRITY OF UNIT PRICES (NOV 2021JUN 2020)

FAR 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)

FAR 52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)

[This clause will be deleted prior to contract award if successful offeror proposes facilities capital cost of money in its offer.]

FAR 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT

BENEFITS (PRB) OTHER THAN PENSIONS (JUL 2005)

FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

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

DATA OTHER THAN CERTIFIED COST OR PRICING DATA–

MODIFICATIONS (NOV 2021JUN 2020)

FAR 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (JUN 2020)

FAR 52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018)

Paragraph (a)(3) fill-in: The designated payment office will make interim payments for contract financing on the “30th” day after the designated billing office receives a proper payment request.

FAR 52.216-10 INCENTIVE FEE (JUN 2011)

Paragraph (e)(1) fill-in: The fee payable under this contract shall be the target fee increased by $0.30 cents for every dollar that the total allowable cost is less than the target cost or decreased by $0.30 cents for every dollar that the total allowable cost exceeds the target cost. In no event shall the fee be greater than 9.0 percent or less than 0.5 percent of the target cost.

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

FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE

SMALL BUSINESS CONCERNS ALTERNATE I (SEP 2021)

Paragraph (b) fill-in: [ ] Offeror elects to waive the evaluation preference

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

FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (NOV 2021)–

ALTERNATE II (NOV 2016)

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 52.222-29 NOTIFICATION OF VISA DENIAL (APR 2015)

FAR 52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS–PRICE

ADJUSTMENT (NONE OR SEPARATELY SPECIFIED METHOD)

(AUG 2018)

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 52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020NOV 2021)

FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015NOV 2021)

FAR 52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER

EXECUTIVE ORDER 14026 (JAN 2022)

FAR 52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN

20222017)

FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA (FEB 2021)

FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION

(MAY 2011)

FAR 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

FAR 52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING

POTENTIAL HYDROFLUOROCARBONS (JUN 2016)

FAR 52.223-12 MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF

REFRIGERATION EQUIPMENT AND AIR CONDITIONERS

(JUN 2016)

FAR 52.223-13 ACQUISITION OF EPEAT®–REGISTERED IMAGING EQUIPMENT

(JUN 2014)

FAR 52.223-14 ACQUISITION OF EPEAT®–REGISTERED TELEVISIONS (JUN 2014)

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FAR 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS

(DEC 2007)

FAR 52.230-2 COST ACCOUNTING STANDARDS (JUN 2020)

FAR 52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS

(JUN 2010)

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

FAR 52.232-17 INTEREST (MAY 2014)

FAR 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

FAR 52.232-22 LIMITATION OF FUNDS (APR 1984)

FAR 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

FAR 52.232-25 PROMPT PAYMENT (JAN 2017)

FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER–SYSTEM FOR

AWARD MANAGEMENT (OCT 2018)

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS

(JUN 2013)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013NOV 2021)

FAR 52.233-1 DISPUTES (MAY 2014)–ALTERNATE I (DEC 1991)

FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996)–ALTERNATE I (JUN 1985)

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

(OCT 2004)

FAR 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

FAR 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

FAR 52.236-18 WORK OVERSIGHT IN COST-REIMBURSEMENT CONSTRUCTION

CONTRACTS (APR 1984)

FAR 52.236-19 ORGANIZATION AND DIRECTION OF THE WORK (APR 1984)

FAR 52.236-24 WORK OVERSIGHT IN ARCHITECT-ENGINEER CONTRACTS

(APR 1984)

FAR 52.236-25 REQUIREMENTS FOR REGISTRATION OF DESIGNERS (JUN 2003)

FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984)

FAR 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

FAR 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)

FAR 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)

FAR 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS (JAN 1997)

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

FAR 52.242-13 BANKRUPTCY (JUL 1995)

FAR 52.243-2 CHANGES–COST REIMBURSEMENT (AUG 1987)–ALTERNATE II

(APR 1984)

FAR 52.243-6 CHANGE ORDER ACCOUNTING (APR 1984)

FAR 52.243-7 NOTIFICATION OF CHANGES (JAN 2017)

FAR 52.244-2 SUBCONTRACTS (JUN 2020)

Paragraph (d) fill-in: cost reimbursable, time and material, and labor hour subcontracts with an initial award of $5 million or greater and modification of $1 million or greater; letter subcontracts and unpriced orders of any amount; ratifications of any amount (i.e., orders issued prior to issuance of a contractual document or issued without all required approvals).

Paragraph (j) fill-in: TBD

FAR 52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2022)

FAR 52.245-1 GOVERNMENT PROPERTY (SEP 2021)

FAR 52.245-9 USE AND CHARGES (APR 2012)

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

FAR 52.247-1 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)

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

FAR 52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S.–FLAG COMMERCIAL

VESSELS (NOV 2021)–ALTERNATE II (NOV 2021FEB 2006)

FAR 52.247-68 REPORT OF SHIPMENT (REPSHIP) (FEB 2006)

FAR 52.248-1 VALUE ENGINEERING (JUN 2020)

FAR 52.248-2 VALUE ENGINEERING PROGRAM–ARCHITECT-ENGINEER

(MAR 1990)

FAR 52.248-3 VALUE ENGINEERING–CONSTRUCTION (OCT 2020)

FAR 52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 2004)–

ALTERNATE I (SEP 1996)

FAR 52.249-14 EXCUSABLE DELAYS (APR 1984)

FAR 52.250-1 INDEMNIFICATION UNDER PUBLIC LAW 85-804 (APR 1984)–

ALTERNATE I (APR 1984)

FAR 52.251-1 GOVERNMENT SUPPLY SOURCES (APR 2012)

FAR 52.251-2 INTERAGENCY FLEET MANAGEMENT SYSTEM VEHICLES AND

RELATED SERVICES (JAN 1991)

FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

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)

RESERVEDNFS 1852.204 76 SECURITY REQUIREMENTS FOR UNCLASSIFIED

INFORMATION TECHNOLOGY RESOURCES (JAN 2011)

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

NFS 1852.216-89 ASSIGNMENT AND RELEASE FORMS (AUG 2016)

NFS 1852.223-74 DRUG AND ALCOHOL-FREE WORKPLACE (NOV 2015)

NFS 1852.228-75 MINIMUM INSURANCE COVERAGE (OCT 1988)

NFS 1852.237-70 EMERGENCY EVACUATION PROCEDURES (DEC 1988)

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

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

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

(End of clauses)

I.6 RESERVEDFAR 52.217 7 OPTION FOR INCREASED QUANTITY SEPARATELY

PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before contract start, and in accordance with FAR 52.217 9, Option to Extend the Term of the Contract, for any option periods.

I.7 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days before the contract expires.

I.8 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 45 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 75 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed ten years.

I.9 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

(a) Definitions. As used in this clause-

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.

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

I.15 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):

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

I.16 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

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

I.17 NFS 1852.204-75 SECURITY CLASSIFICATION REQUIREMENTS (SEP 1989)

Performance under this contract will involve access to and/or generation of classified information, work in a security area, or both, up to the level of Top Secret. See Federal Acquisition Regulation clause 52.204-2 in this contract and DD Form 254, Contract Security Classification Specification, Attachment J-08, DD Form 254, Contract Security Classification Specification. The contractor shall maintain a Top Secret facility clearance throughout the duration of the contract.

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I.17.1 NFS 1852.204-76 SECURITY REQUIREMENTS FOR UNCLASSIFIED

INFORMATION TECHNOLOGY RESOURCES (DEVIATION 21-01)

(a) The contractor shall protect the confidentiality, integrity, and availability of NASA Electronic Information and IT resources and protect NASA Electronic Information from unauthorized disclosure.

(b) This clause is applicable to all NASA contractors and sub-contractors that process, manage, access, or store unclassified electronic information, to include Sensitive But Unclassified (SBU) information or Controlled Unclassified Information (CUI), for NASA in support of NASA's missions, programs, projects and/or institutional requirements. Applicable requirements, regulations, policies, and guidelines are identified in the Applicable Documents List (ADL) provided as an attachment to the contract. The documents listed in the ADL can be found at: http://www.nasa.gov/offices/ocio/itsecurity/index.html. For policy information considered sensitive, the documents will be identified as such in the ADL and made available through the Contracting Officer.

(c) Definitions.

(1) IT resources means any hardware or software or interconnected system or subsystem of equipment, that is used to process, manage, access, or store electronic information.

(2) NASA Electronic Information is any data (as defined in the Rights in Data clause of this contract) or information (including information incidental to contract administration, such as financial, administrative, cost or pricing, or management information) that is processed, managed, accessed or stored on an IT system(s) in the performance of a NASA contract.

(3) IT Security Management Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract. Unlike the IT security plan, which addresses the IT system, the IT Security Management Plan addresses how the contractor will manage personnel and processes associated with IT Security on the instant contract.

(4) IT Security Plan. This is a FISMA requirement; see the ADL for applicable requirements. The IT Security Plan is specific to the IT System and not the contract.

Within 30 days after award, the contractor shall develop and deliver an IT Security Management Plan to the Contracting Officer; the approval authority will be included in the ADL. All contractor personnel requiring physical or logical access to NASA IT resources must complete NASA's annual IT Security Awareness training. Refer to the IT Training policy located in the IT Security Web site at https://itsecurity.nasa.gov/policies/index.html.

(d) The contractor shall afford Government access to the Contractor's and subcontractors' facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection (to include vulnerability testing), investigation and audit to

78.2 of 156 safeguard against threats and hazards to the integrity, availability, and confidentiality of NASA Electronic Information or to the function of IT systems operated on behalf of NASA, and to preserve evidence of computer crime.

(e) At the completion of the contract, the contractor shall return all NASA information and IT resources provided to the contractor during the performance of the contract in accordance with retention documentation available in the ADL. The contractor shall provide a listing of all NASA Electronic information and IT resources generated in performance of the contract.

At that time, the contractor shall request disposition instructions from the Contracting Officer. The Contracting Officer will provide disposition instructions within 30 calendar days of the contractor's request. Parts of the clause and referenced ADL may be waived by the contracting officer, if the contractor's ongoing IT security program meets or exceeds the requirements of NASA Procedural Requirements (NPR) 2810.1 in effect at time of award.

The current version of NPR 2810.1 is referenced in the ADL. The contractor shall submit a written waiver request to the Contracting Officer within 30 days of award. The waiver request will be reviewed by the Center IT Security Manager. If approved, the Contractor Officer will notify the contractor, by contract modification, which parts of the clause or provisions of the ADL are waived.

(f) The contractor shall insert this clause, including this paragraph in all subcontracts that process, manage, access or store NASA Electronic Information in support of the mission of the Agency.

I.18 NFS 1852.216-80 TASK ORDERING PROCEDURE (OCT 1996)

(a) Only the Contracting Officer may issue task orders to the Contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the schedule. The Contractor may incur costs under this contract in performance of task

COMET RFP No. 80KSC022R0004 AMENDMENT 01 SECTION K

(iv) [ ] 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

(v) [ ] 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

(vi) [ ] 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

(vii) [ ] 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) [X] 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

[Offeror to insert changes, identifying change by clause number, title, date]

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

COMET RFP No. 80KSC022R0004 AMENDMENT 0001 SECTION K

88.1 of 156

K.1.1 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(OCT 2018)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

COMET RFP No. 80KSC022R0004 AMENDMENT 0001 SECTION K

88.2 of 156

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision,…