80KSC22NCSDRFP Draft RFP .pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52 212-1, 52 212-4. FAR 52.212-3 AND 52 212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52 212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

TBD 150

TBD N/A DRAFT RFP 80KSC22NCSDRFP

agency-nasacommservices@mail.nasa.gov

KSC 100

N/A

NASA/John F. Kennedy Space Center Office of Procurement, Mail Code OP

KSC

NASA/John F. Kennedy Space Center Office of Procurement, Mail Code OP

See Contract Clause C.1

NASA Communication Services Contract (see Section B)

541820

$16.5 million

TBD 02/01/2022

KSC

NASA/John F. Kennedy Space Center Office of Procurement, Mail Code OP

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

NASA Communication Services Contract (see Section B

NCS

SECTION A 80KSC022NCSDRFP

Table of Contents

SECTION A. STANDARD FORM (SF) 1449

SECTION B. CONTINUATION OF THE SF 1449

B.1. CONTRACT TYPE

B.2. SCHEDULE OF SUPPLIES/SERVICES

B.3. HOURLY RATES

B.4. CUMULATIVE VALUE OF TASK ORDERS

B.5. FAR 52.216-18 ORDERING (AUG 2020)

B.6. FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

B.7. FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

B.8. TASK ORDERING PROCEDURES

B.9. PERIOD OF PERFORMANCE

B.10. PLACE OF PERFORMANCE

B.11. CONTRACT ADMINISTRATION

SECTION C. CONTRACT CLAUSES

C.1. ADDENDUM TO FAR 52.212-4, CONTRACT TERMS AND CONDITIONS–

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES AND FAR 52.212-

4, CONTRACT TERMS AND CONDITIONS– COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES –ALTERNATE I: TAILORED PARAGRAPHS

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

INFORMATION SYSTEMS (JUN 2016)

C.3. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

C.4. FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.5. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

C.6. FAR 52.219-17 SECTION 8(A) AWARD (OCT 2019)

C.7. FAR 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A)

PARTICIPANTS (MAR 2020)

C.8. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9. FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.10. NFS 1852.223-72 SAFETY AND HEALTH (SHORT FORM) (JUL 2015)

C.11. NFS 1852.225-70 EXPORT LICENSES (FEB 2000)

C.12. NFS 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (MAR

1989)

C.13. NFS 1852.239-74 INFORMATION TECHNOLOGY SYSTEM SUPPLY CHAIN

RISK ASSESSMENT (DEVIATION 15-03D)

C.14. NFS 1852.245–71 INSTALLATION-ACCOUNTABLE GOVERNMENT

PROPERTY (JUN 2018)

C.15. NFS 1852.245-73 FINANCIAL REPORTING OF NASA PROPERTY IN THE

CUSTODY OF CONTRACTORS (JAN 2017)

C.16. NFS 1852.245-74 IDENTIFICATION AND MARKING OF GOVERNMENT

EQUIPMENT (JAN 2011)

C.17. NFS 1852.235-71 KEY PERSONNEL AND FACILITIES (MAR 1989)

C.18. KEY PERSONNEL MINIMUM QUALIFICATION REQUIREMENTS

C.19. NFS 1852.245-75 PROPERTY MANAGEMENT CHANGES (JAN 2011)

C.20. NFS 1852.245-76 LIST OF GOVERNMENT PROPERTY FURNISHED

PURSUANT TO FAR 52.245–1 (JAN 2011)

C.21. NFS 1852.245-82 OCCUPANCY MANAGEMENT REQUIREMENTS (SEPT 2017)

C.22. POLICY DIRECTIVES, PROCEDURES, AND REQUIREMENTS

C.23. DATA REQUIREMENTS LIST (DRL)

C.24. GOVERNMENT'S RIGHT TO INFORMATION INCIDENTAL TO CONTRACT

ADMINISTRATION

C.25. FOREIGN TRAVEL

C.26. ASSOCIATED CONTRACT AGREEMENTS (ACAs)

C.27. DEDUCTIONS FOR FAILURE TO MEET ACCEPTABLE PERFORMANCE

LEVELS

C.28. MANDATORY AND REQUIRED TRAINING

C.29. ARC SPECIFIC CLAUSES

C.30. AFRC SPECIFIC CLAUSES – NONE

C.31. GRC SPECIFIC CLAUSES

C.32. GSFC SPECIFIC CLAUSE

C.33. HQ SPECIFIC CLAUSES

C.34. JSC SPECIFIC CLAUSES

C.35. KSC SPECIFIC CLAUSES

C.36. LaRC SPECIFIC CLAUSES

C.37. MSFC/MAF SPECIFIC CLAUSES

C.38. SSC SPECIFIC CLAUSES- NONE

SECTION D. CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

SECTION E. SOLICITATION PROVISIONS

E.1. FAR 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

E.2. FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

E.3. FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR

SERVICES-REPRESENTATION (OCT 2020)

E.4. FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

(AUG 2020)

E.5. FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

E.6. FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW (FEB 2016)

E.7. FAR 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020)

E.8. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

ALTERNATE I (OCT 2014)

E.9. FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

E.10. FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (SEP 2021)

ALTERNATE I (SEP 2015)

E.11. FAR 52.222-46 EVALUATION OF COMPENSATION FOR PROFESSIONAL

EMPLOYEES (FEB 1993)

E.12. FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.13. FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

E.14. NFS 1852.245–81 LIST OF AVAILABLE GOVERNMENT PROPERTY (JAN 2011)

SECTION F. PROPOSAL INSTRUCTIONS

F.1. CONTINUATION OF SF 1449 BLOCK 7

F.2. CONTINUATION OF SF 1449 BLOCK 8

F.3. FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

F.4. ADDENDUM TO FAR 52.212-1 OFFERORS-COMMERCIAL ITEMS (NOV 2021):

TAILORED PARAGRAPHS

F.5. NFS 1852.215-81 PROPOSAL PAGE LIMITATIONS (APR 2015)

F.6. REQUIREMENTS FOR PROPOSAL CONTENT

F.7. EVALUATION FACTORS FOR AWARD

SECTION B 80KSC022NCSDRFP

SECTION B. CONTINUATION OF THE SF 1449

B.1. CONTRACT TYPE

This is a Firm Fixed-Price (FFP) contract that also includes an Indefinite-Delivery/Indefinite- Quantity (IDIQ) ordering mechanism providing for issuance of FFP, FFP Level of Effort (LOE) and Time and Material (T&M) task orders for services on an IDIQ basis.

B.2. SCHEDULE OF SUPPLIES/SERVICES

(a) The Contractor shall provide all services, facilities, and resources (except as may be expressly stated in this contract as furnished by the Government) necessary to provide communication services in accordance with the attachments, exhibits, and documents specified in Section D, and as specified in task orders for additional services pursuant to B.8 Task Ordering Procedures.

(b) Core work provided under this contract is as follows (excludes IDIQ services): Refer to Attachment D-1, Performance Work Statement (PWS), Section 3.0 and those sections identified as “core” in Section 4.0. Core work efforts shall be invoiced against the corresponding Contract Line Item Number (CLIN) in accordance with paragraph (d) below.

(c) All IDIQ services shall be initiated through task orders issued by the following ordering activities: Kennedy Space Center (KSC), Johnson Space Center (JSC), and Marshall Space Flight Center (MSFC), and as authorized by the KSC ordering activity (see B.11, Contract Administration).

(1) Task orders shall be issued in accordance with B.5 FAR 52.216-18 Ordering; B.6, FAR 52.216-19 Order Limitations; and B.8, Task Ordering Procedures, and subject to the terms and conditions of this contract.

(2) FFP and FFP LOE Task orders shall be subject to NFS 1852.232-77 Limitation of Funds (Fixed-Price Contract).

(d) The contract value and periods for core work (excludes IDIQ) is specified in Table B.2 Contract Value – Core Work:

[The Government will complete Table B.2. with the offeror’s pricing proposed in Attachment F-4, NCS Price Proposal Template.]

Table B.2. Contract Value–Core Work

CLIN Description Value Option Status

001 Base Period – Core

(FFP)

GFI N/A

002 Option 1 – Core

(FFP)

GFI Not Exercised

003 Option 2 – Core

(FFP)

GFI Not Exercised

004 Option 3 – Core

(FFP)

GFI Not Exercised

Total Value of Base and All Exercised Core Options

GFI

(e) The maximum amount under CLIN 005, IDIQ services, which may be required under this contract is the $ GFI over the five-year ordering period. Except as may be expressly stated in this contract, all contract period prices and fully-burdened hourly rates (see section B.3 Hourly Rates) include all wages, fringe benefits, general and administrative, overhead, profit, and any other direct and indirect costs including, but not limited to, workforce training and certifications/recertifications, materials, tools, equipment, vehicles, transportation, and internal work processes.

(End of clause)

B.3. HOURLY RATES

This clause sets forth the fixed, fully-burdened hourly labor rates to be utilized in negotiating new task orders and amendments to existing task orders, and ordering additional requirements as needed. These rates shall be utilized to place firm-fixed price (FFP), FFP LOE, or T&M type task orders, and, if necessary, negotiate changes to core work requirements.

Table B.3. Hourly Rates

[The Government will complete Table B.3. with the offeror’s pricing proposed in Attachment F- 4, NCS Price Proposal Template.]

B.4. CUMULATIVE VALUE OF TASK ORDERS

Refer to Attachment D-18, Indefinite-Delivery Indefinite-Quantity (IDIQ) Task Order (TO) Summary, for a list of task orders issued in accordance with B.2 Schedule of Supplies/Services.

B.5. 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: see B.9. Period of Performance.

(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)

B.6. 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 $250, 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 in excess of $30 million;

(2) A series of orders from the same ordering office within 30 days that together call for amounts exceeding $60 million.

(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.

(End of clause)

B.7. FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after February 28, 2029.

B.8. TASK ORDERING PROCEDURES

B.8.1. HOURLY RATES

Task orders priced in accordance with the rates specified in B.3, Hourly Rates, are subject to the ordering procedures specified in B.8.2, NFS 1852.216-80 Task Ordering Procedure, Alternate II.

The procedures of B.8.2, NFS 1852.216-80 Task Ordering Procedure, Alternate II shall also apply to travel in accordance with Attachment D-1, Performance Work Statement (PWS), and Annexes. Travel shall not be subject to fee or profit.

(End of clause)

B.8.2. NFS 1852.216-80 TASK ORDERING PROCEDURE (OCT 1996) ALTERNATE II

(APR 2018)

(a) Only a Contracting Officer from an ordering activity specified in B.2, Schedule of Supplies/Services, paragraph (b), 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 (hereinafter “ordering activity Contracting Officer”). The Contractor may incur costs under this contract in performance of task orders and task order modifications issued in accordance with this clause. No other costs are authorized unless otherwise specified in the contract or expressly authorized by the ordering activity Contracting Officer.

(b) Prior to issuing a task order, the ordering activity Contracting Officer shall provide the Contractor with the following data:

(1) A functional description of the work identifying the objectives or results desired from the contemplated task order.

(2) Proposed performance standards to be used as criteria for determining whether the work requirements have been met.

(3) A request for a task plan from the Contractor to include the technical approach, period of performance, appropriate cost information, and any other information required to determine the reasonableness of the Contractor's proposal.

(c) Within five business days after receipt of the ordering activity Contracting Officer's request, the Contractor shall submit a task plan conforming to the request.

(d) After review and any necessary discussions, the ordering activity Contracting Officer may issue a task order to the Contractor containing, as a minimum, the following:

(1) Date of the order.

(2) Contract number and order number.

(3) Functional description of the work identifying the objectives or results desired from the task order, including special instructions or other information necessary for performance of the task.

(4) Performance standards, and where appropriate, quality assurance standards.

(5) Maximum dollar amount authorized (cost and fee or price). This includes allocation of award fee among award fee periods, if applicable.

(6) Any other resources (travel, materials, equipment, facilities, etc.) authorized.

(7) Delivery/performance schedule including start and end dates.

(8) If contract funding is by individual task order, accounting and appropriation data.

(e) The Contractor shall provide acknowledgment of receipt to the ordering activity Contracting Officer within three calendar day after receipt of the task order.

(f) If time constraints do not permit issuance of a fully defined task order in accordance with the procedures described in paragraphs (a) through (d), a task order which includes a ceiling price may be issued.

(g) The ordering activity Contracting Officer may amend tasks in the same manner in which they were issued.

(h) In the event of a conflict between the requirements of the task order and the Contractor's approved task plan, the task order shall prevail.

(i) Contractor shall submit progress reports, as required. When required, the reports shall contain, at a minimum, the following information:

(1) Contract number, task order number, and date of the order.

(2) Price and billed amounts to date for each task order.

(3) Significant issues/problems associated with the task order.

(4) Status of all task order issued under the contract.

(5) Invoice number.

B.9. PERIOD OF PERFORMANCE

(a) For purposes of core work (as described in B.2, Schedule of Supplies/Services), the period of performance of this contract is as follows:

Base Period: March 1, 2023, through September 30, 2024 Option Period 1: October 1, 2024, through February 28, 2026 Option Period 2: March 1, 2026, through February 28, 2027 Option Period 3: March 1, 2027, through February 28, 2028

(b) The ordering period for IDIQ services is from March 1, 2023, through February 28, 2028, and is independent of the exercise of options identified in paragraph (a).

(c) The period of performance dates are subject to change and are based on the assumption that the successful offeror will commence performance under this contract on March 1, 2023. If the Government revises the contract start date or suspends performance prior to contract start, then the period of performance will be adjusted by the number of calendar days that performance was revised or delayed, except to the extent that the delay in performance results from the failure of the contractor to execute the contract.

(End of clause)

B.10. PLACE OF PERFORMANCE

Services to be performed under this contract shall be performed at the following locations: Ames Research Center (ARC), Armstrong Flight Research Center (AFRC), Glenn Research Center (GRC), Goddard Space Flight Center (GSFC), Headquarters (HQ), Johnson Space Center (JSC), Kennedy Space Center (KSC), Langley Research Center (LaRC), Marshall Space Flight Center (MSFC), Stennis Space Center (SSC), satellite center locations (such as Wallops Flight Facility (WFF), excluding White Sands Testing Facility (WSTF) and Jet Propulsion Laboratory (JPL)), and such other places of performances as required in this contract.

(End of clause)

B.11. CONTRACT ADMINISTRATION

(a) This contract will be administered by the contracting activity identified in Block 16 of the SF 1449. Task Orders issued by the ordering activity Centers (KSC, JSC & MSFC) will be administered by the ordering activity Contracting Officer, Resource Analyst, and Technical Monitor at each Center.

(b) The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the authority remains solely with the Contracting Officer.

(c) In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

(d) Any request for contract changes/modifications shall be submitted to the Contracting Officer.

(e) All correspondence concerning this contract, such as requests for information, explanation of terms, and contract interpretations, shall be submitted to the Contracting Officer.

SECTION C 80KSC022NCSDRFP

SECTION C. CONTRACT CLAUSES

Refer to Block 27a of the Standard Form 1449, which incorporates FAR 52.212-4, Contract Terms and Conditions–Commercial Items (Nov 2021) by reference. FAR 52.212-4 is applicable to the contract, and FFP and FFP LOE orders. FAR 52.212-4 Contract Terms and Conditions– Commercial Items–Alternate I (Nov 2021), which this contract hereby incorporates by reference, is only applicable to T&M orders.

C.1. ADDENDUM TO FAR 52.212-4, CONTRACT TERMS AND CONDITIONS–

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES AND FAR

52.212-4, CONTRACT TERMS AND CONDITIONS– COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES –ALTERNATE I: TAILORED

PARAGRAPHS

Paragraph (g) is tailored to add the following paragraphs (all other terms and conditions set forth therein remain the same):

(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 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 (3) of this section.

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

(End of addendum)

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

INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause–

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the

Government to the public (such as on public web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(3) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

C.3. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

(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 and Other Covered Entities (Nov 2021) (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) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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:

(1) [X] 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) [X] 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) [X] 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

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

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

(8) [X] 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C.

6101 note).

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

(10) [Reserved].

(11) [ ] 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).

(12) [ ] 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sept 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

(13) [Reserved]

(14)

(i) [X] 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.

(15)

(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.

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

(17)

(i) [ ] 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C.

637(d)(4)).

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

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

(iv) [ ] Alternate III (Jun 2020) of 52.219-9.

(v) [ ] Alternate IV (Sep 2021) of 52.219-9.

(18)

(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.

(19) [ X ] 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637(a)(14)).

(20) [ ] 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

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

(21) [ ] 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

(22)

(i) [X] 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

(ii) [ ] Alternate I (MAR 2020) of 52.219-28.

(23) [ ] 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C.

637(m)).

(24) [ ] 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

(25) [ ] 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(26) [ ] 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

(27) [X] 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

(28) [ ] 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

(29) [X] (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(30)

(i) [X] 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

(31)

(i) [X] 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ii) [ ] Alternate I (Jul 2014) of 52.222-35.

(32)

(i) [X] 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.

(33) [X] 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(34) [X] 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(35)

(i) [X] 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).

(36) [X] 52.222-54, Employment Eligibility Verification (Nov 2021). (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 22.1803.)

(37)

(i) [X] 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.)

(38) [ ] 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(39) [ ] 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(40)

(i) [X] 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) [ ] Alternate I (Oct 2015) of 52.223-13.

(41)

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

(ii) [ ] Alternate I (Jun2014) of 52.223-14.

(42) [X] 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

(43)

(i) [ X ] 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

(44) [X] 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

(45) [ X ] 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(46) [ X ] 52.223-21, Foams (Jun 2016) (E.O. 13693).

(47)

(i) [ X ] 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

(ii) [ ] Alternate I (Jan 2017) of 52.224-3.

(48) [ X ] 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

(49)

(i) [ ] 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108- 302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) [ ] Alternate I (Jan 2021) of 52.225-3.

(iii) [ ] Alternate II (Jan 2021) of 52.225-3.

(iv) [ ] Alternate III (Jan 2021) of 52.225-3.

(50) [ ] 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(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. 2302Note).

(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).

(55) [ ] 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

(56) [ ] 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. 2307(f)).

(57) [ ] 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

(59) [ ] 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(60) [ ] 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(61) [ ] 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(62) [ ] 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

(63)

(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:

(1) [X] 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

(2) [X] 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67). Fill in: None.

(3) [X] 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) (29 U.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) [X] 52.222-55, Minimum Wages Under Executive Order 13658 (Jan 2022).

(8) [X] 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

(9) [ ] 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-

235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds 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.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

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

(f) of FAR clause 52.222-40.

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

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (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).

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

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

(xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Jan 2022).

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

(xix)

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

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

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

C.4. 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.

(End of clause)

C.5. 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 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 and 6 months.

(End of clause)

C.6. FAR 52.219-17 SECTION 8(A) AWARD (OCT 2019)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C.637(a)).

(2) Except for novation agreements, delegates to the KSC ordering activity the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the NASA Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the "Disputes" clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(End of clause)

C.7. FAR 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE

8(A) PARTICIPANTS (MAR 2020)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer-

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan;

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d) The [OFI] will notify the NASA Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock.

C.8. 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.