80KSC025R0004 Terms and Conditions.pdf
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- Attached to
- NASA Agency-wide Liquefied Natural Gas (LNG)
- Solicitation number
- 80KSC025R0004
About this file
This document is a detailed solicitation for a NASA Agency-wide Liquefied Natural Gas (LNG) supply contract with a base period from October 1, 2025, through September 30, 2027, and three potential option periods extending through September 30, 2030. NASA seeks an indefinite delivery requirements contract for LNG delivery to Marshall Space Flight Center (MSFC) in Huntsville, Alabama and Stennis Space Center (SSC) in Mississippi, with estimated quantities of 60,000 gallons monthly for MSFC and 500,000 gallons monthly for SSC.
The solicitation uses a lowest-price technically acceptable source selection process, with proposals due by June 3, 2025, at 4:30 p.m. Eastern Time. Offerors must submit a technical capability form demonstrating production facility capacity, distribution capabilities, and a small business subcontracting plan. The contract will be awarded to multiple contractors based on technical acceptability and pricing, with unit prices to be determined. Proposals must be submitted electronically via NASA's Enterprise File Sharing and Sync Box platform, with technical questions accepted until May 21, 2025. The contract includes provisions for emergency delivery, demurrage, and other pricing contingencies, with a NASA Modified Grade A Specification for the LNG product.
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NASA Agency-wide Supply of Liquefied Natural Gas 80KSC025R0004
TABLE OF CONTENTS
SECTION 1 SCHEDULE OF SUPPLIES/SERVICES TO BE PROVIDED
1.1 SCHEDULE OF SUPPLIES
1.2 LIQUEFIED NATURAL GAS PRODUCT UNIT PRICE
1.3 OTHER PRICING
1.4 PERFORMANCE SPECIFICATION
1.5 STATEMENT OF WORK
1.6 ORDERING PERIODS
1.7 DELIVERY LOCATIONS
SECTION 2 CONTRACT CLAUSES
2.1 ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS–
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES: TAILORED
PARAGRAPHS
2.2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
2.3 FAR 52.216-18 ORDERING (AUG 2020)
2.4 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)
2.5 FAR 52.216-21 REQUIREMENTS (OCT 1995)
2.6 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
2.7 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
2.8 NFS 1852.225-70 EXPORT LICENSES (FEB 2000)
2.9 NFS 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (MAR 1989) . 25
2.10 NFS 1852.232-80 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT (APR 2018)
2.11 DELIVERY REQUIREMENTS
2.12 LABORATORY ANALYSIS
2.13 MATERIAL INSPECTION AND RECEIVING REPORT
2.15 DETERMINATION OF BILLING
2.16 QUALITY INSURANCE, INSPECTION AND ACCEPTANCE
2.17 PRODUCT INTEGRITY CONTROL
2.18 FLASH REPORTS
2.19 CONTINGENCY EMERGENCY OR MISSION CRITICAL SUPPORT
2.20 CONTRACT ADMINISTRATION
SECTION 3 LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION 4 SOLICITATION PROVISIONS
4.1 FAR 52.204-20- PREDECESSOR OF OFFEROR (AUG 2020)
4.2 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLLANCE SERVICES OR EQUIPMENT (NOV 2021)
4.3 FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-
REPRESENTATION (OCT 2020)
4.4 FAR 52.204-29 FEDERAL ACQUISITON SUPPLY CHANGE SECURITY ACT ORDERS
– REPRESENTATION AND DISCLOSURES (DEC 2023)
4.5 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
4.6 FAR 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020)
4.7 FAR 52.212-3 OFFEROR REPRESENTATION AND CERTIFICATIONS –
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
(DEVIATION FEB 2025) ALTERNATE I (FEB 2024)
4.8 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB 2024)
ALTERNATE I (Feb 2024)
4.9 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
SECTION 5 PROPOSAL INSTRUCTIONS
5.1 GENERAL INSTRUCTIONS
5.2 ADDENDUM TO FAR 52.212-1 OFFERORS-COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEPT 2023): TAILORED PARAGRAPHS
5.3 REQUIREMENTS FOR PROPOSAL CONTENT
SECTION 6 EVALUATION FACTORS FOR AWARD
6.1 ADDENDUM TO FAR 52.212-2 EVALUATION-COMMERICIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2021)
6.2 EVALUATION PROCESS
6.3 VOLUME 1: TECHNICAL ACCEPTABILITY
6.4 VOLUME 2: PRICE
SECTION 1 SCHEDULE OF SUPPLIES/SERVICES TO BE PROVIDED
1.1 SCHEDULE OF SUPPLIES
This is an indefinite delivery (ID) requirements contract which will result in firm fixed-price delivery orders for the purchase of Liquefied Natural Gas (LNG). The delivery locations and estimated quantities are specified in the Schedule of Supplies, Section 1.1.1 as Contract Line-Item Numbers (CLINs).
(a) The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver the items as specified in the schedule of supplies located in Section 1.1.1 and the attachments and documents specified in Section 3.
(b) All work shall be initiated through delivery orders issued by the following Centers, Marshall Space Flight Center (MSFC), and Stennis Space Center (SSC) Offices of Procurement.
(1) Delivery orders shall be issued in accordance with FAR 52.216-18 Ordering; FAR 52.216-19 Order Limitations; and subject to the terms and conditions of this contract.
(2) Delivery orders shall be subject to NFS 1852.232-77 Limitation of Funds (Fixed-Price Contract).
1.1.1 SCHEDULE OF SUPPLIES TABLE FOR LIQUEFIED NATURAL GAS
MINIMUM MAX DAILY MAX
WEEKLY
MAX
MONTHLY
1 Marshall Space Flight Center (MSFC)
Type II Modified Grade A 97 97 0% Gallon 10,250 10,250 20,500 20,500 60,000 60,000 60,000 60,000 60,000
2 Stennis Space Center
(SSC)
Type II Modified Grade A 97 97 0% Gallon 10,250 20,500 52,500 105,000 500,000 500,000 500,000 500,000 500,000
ORDER LIMITATIONS
Schedule of Supplies NASA Agency Supply of Liquefied Natural Gas (LNG)
BEST
ESTIMATED
QUANTITY
Base Period 1
10/1/25 - 9/30/26
CLIN 00X
CLIN
Base = 00X
Options = X0X
DELIVERY LOCATION SPECIFICATION PURITY UNIT OF
MEASURE
BEST
ESTIMATED
QUANTITY
Base Period 2
10/1/26 - 9/30/27
CLIN 00X
BEST
ESTIMATED
QUANTITY
Option Year 1
10/1/27 - 9/30/28
CLIN 10X
BEST
ESTIMATED
QUANTITY
Option Year 2
10/1/28 - 9/30/27
CLIN 20X
BEST
ESTIMATED
QUANTITY
Option Year 3
10/1/29 - 9/30/30
CLIN 30X
1.2 LIQUEFIED NATURAL GAS PRODUCT UNIT PRICE
The price for each CLIN shall be incorporated into the contract upon award.
LNG Product Unit Prices
CLIN
Base = 00X Options = X0X
Delivery Location
Unit of Measure
Base Period 1
10/1/25 - 9/30/26
CLIN 00X
Base Period 2
10/1/26 - 9/30/27
CLIN 00X
Option Year 1
10/1/27 - 9/30/28
CLIN 10X
Year 2
10/1/28 - 9/30/29
CLIN 20X
Year 3
10/1/29 - 9/30/30
CLIN 30X
1 MSFC,
Huntsville, AL
Gallon TBP TBP TBP TBP TBP
2 SSC, Stennis Space Center, MS
Gallon TBP TBP TBP TBP TBP
Note: To Be Priced (TBP)
1.3 OTHER PRICING
Other Pricing shall apply to Sections 1.3.1 through 1.3.4 and shall be incorporated into the contract as Attachment 4, Other Pricing.
1.3.1 ADDITIONAL SAMPLING
Upon request by the Government, the Contractor shall sample their LNG product in accordance with Attachment 2, NASA Modified Grade A Specifications-LNG. The sample shall be analyzed for all constituents listed. This applies to MSFC CLIN 1 only.
1.3.2 DEMURRAGE
The Government will pay the Contractor demurrage for all delays in unloading propellant delivery tankers in excess of 4 hours after arrival and check-in at place of delivery if such delay is without the fault or negligence of the Contractor and is not caused by the failure of the Contractor's equipment. If more than one tanker is scheduled for the same arrival time, demurrage charges shall begin 4 hours after the arrival time of the last tanker in the group, and end at the release of the last tanker in the group. The demurrage charge shall be paid to the Contractor per quarter-hour or fraction thereof. No demurrage charges shall be billed or paid for the loading of any propellant delivery tankers. If the free time has been exceeded, the driver, upon leaving the site, shall leave the consignee written documentation showing the date, time of arrival, time of departure, cause of delay, if known, and information identifying the shipment.
The driver shall sign such documentation and shall request the consignee to do likewise. A copy thereof, as proof of delay, shall accompany all invoices for demurrage. The Contractor shall ensure that all deliveries from a multi-source operation shall be provided at the lowest overall cost to the Government.
(End of clause)
1.3.3 EMERGENCY DELIVERY
The Government will provide notice prior to requiring delivery of ordered product as set forth in Attachment 1, Statement of Work. For deliveries with less than 48 hours’ notice, an emergency delivery charge per tanker shall apply. The Contractor may, but is not obligated to, deliver when provided with less than 24 hours’ notice from the Government.
(End of clause)
1.3.4 INABILITY TO ACCEPT DELIVERY
When the Contractor makes a delivery to a destination and the delivery conveyance cannot be accepted due to storage tank problems or for other reasons out of control of the receiving organization, and through no fault of the Contractor, product charges will not be incurred;
however, transportation charges will be based on the round-trip miles at the transportation price per mile specified in this Section. The round trip mileage shall originate at the primary production facility identified in Attachment 3, Capability Form. If a delivery is cancelled by the Government en route to the delivery location, the roundtrip mileage will be calculated based on the mileage incurred until the en route cancellation takes place. If the quantity of LNG to be delivered is a partial load, which is equal to or less than 8,000 gallons, the Government will pay the standard unit price for the quantity of LNG accepted, plus a transportation cost per mile for the round-trip. Mileage will be based on a current internet mapping tool.
(End of clause)
1.4 PERFORMANCE SPECIFICATION
All requirements delivered under this contract shall be provided in accordance with Attachment 2, NASA Modified Grade A Specification - LNG.
1. Product supplied shall fully meet the requirements of the applicable specification as indicated in the Supply Schedule, except as modified elsewhere in this contract.
2. There are no particulate testing or filtration requirements unless specifically requested by the
Government (see Section 1.3.1 Additional Sampling. Additional sampling applies to MSFC CLIN 1 only).
(End of clause)
1.5 STATEMENT OF WORK
See Attachment 1, Statement of Work, for a description of the requirements by CLIN and location.
1.6 ORDERING PERIODS
The basic contract period of performance is from October 1, 2025, through September 30, 2027.
There are three option periods available, which if exercised by the Government, extends the period of performance as follows:
Option Year 1: October 1, 2027, through September 30, 2028
Option Year 2: October 1, 2028, through September 30, 2029
Option Year 3: October 1, 2029, through September 30, 2030
(End of clause)
1.7 DELIVERY LOCATIONS
Liquefied Natural Gas under this contract shall be delivered to the following locations:
Marshall Space Flight Center (MSFC), Huntsville, AL, 35812;
Stennis Space Center (SSC), Stennis Space Center, MS, 39529; and other such places of performance as required in this contract.
SECTION 2 CONTRACT CLAUSES
2.1 ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS–
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES: TAILORED
PARAGRAPHS
Paragraph (f) is tailored to add the following paragraph:
(2) When the Contractor has an approved “excusable delay” by the Contracting Officer, the Contractor shall not be liable to cover any difference in price between the CLIN Price identified in Section 1.2 Liquefied Natural Gas Product Unit Price and any replacement product price awarded to any another Contractor for the CLIN for that location.
Paragraph (g) is tailored as follows:
(3) 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.
(4) Improper invoices. The NSSC Payment Office will notify the Contractor of any apparent error, defect, or impropriety in vouchers/invoices within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (a) of this Section.
(5) If amounts are withheld from payment in accordance with provisions of this award, a separate payment request for the amount withheld will be required before payment for that amount may be made.
Paragraph (m) is tailored to add the following paragraphs:
(1) In the event the Contractor is unable to meet its delivery obligations from the specified sources, the Contractor may supply the deficient quantities from other sources at the price agreed to in Section 1.2 of this contract.
(2) If such deficient quantities are not so supplied, and the Contractor does not have a Contracting Officer approved excusable delay, the Government may acquire liquefied natural gas from other sources to the level of the quantities deficient, and the Contractor shall pay the Government the difference between the delivered price from such other source and the applicable delivered price under Section 1.2 of this contract.
In this situation, the Government will pay the full price for the spot delivery and may short pay the Contractor, on the next applicable invoice, an amount equal to the difference between the Contractor’s normal price to the Government, and the price the Government paid for the spot delivery.
If the Spot Delivery Contractor is in default and does not have a Contracting Officer approved excusable delay, the Spot Delivery Contractor is responsible for the difference between their awarded price and the subsequent delivered price by another Contractor. If the Spot Delivery Contractor defaults prior to the first delivery, the Government’s rights after termination for cause shall include all the remedies available to any buyer in the marketplace (see FAR 12.403(2)).
(3) In the event the Contractor continues to fail to deliver, correct deficiencies, or comply with contract terms and conditions, the Government may invoke its right to terminate for cause.
(4) In the event the Contractor or Spot Delivery Contractor does not have a Contracting Officer approved excusable delay and is determined to be in default, the Contracting Officer shall pursue a temporary solution to maintain continuity of supplies until the CLIN for that location is awarded to a new Contractor.
Paragraph (o) is replaced as follows:
(o) Warranty.
The items delivered hereunder shall meet the specifications defined in Section 1.4, Performance Specification. The Government may reject any item which does not meet the specifications and no charge will be made for the item rejected. No claim of any kind with respect to the conformance of items to the foregoing specifications, whether based on negligence, warranty, strict liability, or any other theory of law, will be greater than the price of the quantity of nonconforming item(s) in respect to which such claim is made. The foregoing constitutes the Government’s exclusive remedy and the Contractor’s sole obligation with respect to any such claim for not meeting the specifications. “There are no express warranties by Contractor other than those specified in this Section 52.212-4 (o). No warranties by Contractor (other than warranty of title as provided in the uniform commercial code) will be implied or otherwise created under the uniform commercial code including warranty of merchantability and warranty of fitness for a particular purpose.” This limited remedies Section for failure to meet the expressed warranty stated herein shall have no application to or impact on the Government’s remedies under paragraph (m) Termination for cause of this Section.
(End of Addendum)
2.2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUES OR EXECUTIVE ORDERS-COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (Section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712);
this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (6) [Reserved].
__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, Section 743 of Div. C).
__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, Section 743 of Div. C).
X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).
__ (11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204-30.
X (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).
X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (14) [Reserved].
__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (17) [Reserved]
__ (18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
X (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).
__ (21)
(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
X (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Jan 2025) of 52.219-9.
__ (22)
(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
X (26)
(i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).
__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).
X (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
X (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O.
13126).
__ (33) [Reserved]
__ (34) [Reserved]
X (35)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
X (36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
X (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (39)
(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.
13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
X (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (41)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C.
8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
__ (47)
(i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
X (48)
(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C.
3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (Sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109- 169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Jan 2025) of 52.225-3.
__ (iv) Alternate III (Feb 2024) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
X (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
X (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub.
L. 118-31, 41 U.S.C. 3901 note prec.).
X (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (65)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (Section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)
(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the Subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) Reserved.
(x) Reserved.
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub.
L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
2.3 FAR 52.216-18 ORDERING (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from: October 1, 2025, to September 30, 2030.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of clause)
2.4 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than the quantity specified in Section 1.1.1, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor —
(1) Any order for a single item in excess of quantity specified in daily, weekly, and monthly max in Section 1.1.1.
(2) Any order for a combination of items in excess of quantity specified in daily, weekly, and monthly max in Section 1.1.1.
(3) A series of orders from the same ordering office within the daily, weekly, and monthly period specified in Section 1.1.1 that call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this Section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this Section.
(d)Notwithstanding paragraphs (b) and (c) of this Section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
2.5 FAR 52.216-21 REQUIREMENTS (OCT 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 days after expiration of the ordering periods as specified in Section 1.6.
(End of clause)
2.6 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 no later than 30 days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 5 years.
(End of clause)
2.7 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):
https://www.acquisition.gov https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf
(End of clause)
2.7.1 CLAUSES INCORPORATED BY REFERENCE
FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR
PERSONNEL (JAN 2011).
FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT
2018)
FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE (AUG 2020)
FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS (DEC 2014)
FAR 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB
1997)
FAR 52.246-11 HIGHER LEVEL CONTRACT QUALITY REQUIREMENT (DEC
2014) Fill in: (a) The Contractor shall comply with the higher-level quality standard(s) listed below.
ISO 9001 Fifth Edition 2015-09-15
NFS 1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER
RIGHTS (JUL 2023)
NFS 1852.215-84 OMBUDSMAN (NOV 2023)
NFS 1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP REPORTING
(DEC 2015)
NFS 1852.223-72 SAFETY AND HEALTH (SHORT FORM) (JUL 2015)
NFS 1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY ALTERNATE I (FEB
2006)
NFS 1852.237-73 RELEASE OF SENSITIVE INFORMATION (JUN 2005)
(End of list)
2.8 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 applicable NASA installation delivery locations (e.g., MSFC and SSC) 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)
2.9 NFS 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (MAR
1989)
NOTE: This clause will be included in any resultant incrementally funded delivery order to reflect the funds presently available to cover the order.
(a) Of the total price of CLINs listed in Contract Section 1.2, the sum of $ see delivery order is presently available for payment and allotted to this contract. It is anticipated that from time to time additional funds will be allocated to the delivery order in accordance with the following schedule as required, until the total price of said items is allotted:
Schedule for Allotment of Funds
Date Amount
(b) The Contractor agrees to perform or have performed work on the items specified in paragraph (a) of this clause up to the point at which, if this contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause would, in the exercise of reasonable judgment by the Contractor, approximate the total amount at the time allotted to the contract. The Contractor is not obligated to continue performance of the work beyond that point. The Government is not obligated in any event to pay or reimburse the Contractor more than the amount from time to time allotted to the contract, anything to the contrary in the Termination for Convenience of the Government clause notwithstanding.
(c)
(1) It is contemplated that funds presently allotted to this contract will cover the work to be performed until [TBD see funding table in delivery order].
(2) If funds allotted are considered by the Contractor to be inadequate to cover the work to be performed until that date, or an agreed date substituted for it, the Contractor shall notify the Contracting Officer in writing when within the next 60 days the work will reach a point at which, if the contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause will approximate 75 percent of the total amount then allotted to the contract.
(3)
(i) The notice shall state the estimate when the point referred to in paragraph (c)(2) of this clause will be reached and the estimated amount of additional funds required to continue performance to the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it.
(ii) The Contractor shall, 60 days in advance of the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it, advise the Contracting Officer in writing as to the estimated amount of additional funds required for the timely performance of the contract for a further period as may be specified in the contract or otherwise agreed to by the parties.
(4) If, after the notification referred to in paragraph (c)(3)(ii) of this clause, additional funds are not allotted by the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it, the Contracting Officer shall, upon the Contractor's written request, terminate this contract on that date or on the date set forth in the request, whichever is later, pursuant to the Termination for Convenience of the Government clause.
(d) When additional funds are allotted from time to time for continued performance of the work under this contract, the parties shall agree on the applicable period of contract performance to be covered by these funds. The provisions of paragraphs (b) and (c) of this clause shall apply to these additional allotted funds and the substituted date pertaining to them, and the contract shall be modified accordingly.
(e) If, solely by reason of the Government's failure to allot additional funds in amounts sufficient for the timely performance of this contract, the Contractor incurs additional costs or is delayed in the performance of the work under this contract, and if additional funds are allotted, an equitable adjustment shall be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the items to be delivered, or in the time of delivery, or both.
(f) The Government may at any time before termination, and, with the consent of the Contractor, after notice of termination, allot additional funds for this contract.
(g) The provisions of this clause with respect to termination shall in no way be deemed to limit the rights of the Government under the default clause of this contract. The provisions of this Limitation of Funds clause are limited to the work on and allotment of funds for the items set forth in paragraph (a) of this clause. This clause shall become inoperative upon the allotment of funds for the total price of said work except for rights and obligations then existing under this clause.
(h) Nothing in this clause shall affect the right of the Government to terminate this contract pursuant to the Termination for Convenience of the Government clause of this contract.
2.10 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…
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