80LaRC22R0003__RSES_Final RFP_Sections A-M.pdf

80LARC22R0003 LaRC Research, Science, and Engineering Services (RSES) Section A

80LARC22R0003 LaRC Research, Science, and Engineering Services (RSES) Section B

B.9 FULLY BURDENED RATE (EXCLUSIVE OF FEE) TABLE FOR PRICING TASK ORDERS

This clause sets forth the standard labor to be utilized in the subsequent negotiation of Cost Reimbursable IDIQ Task Orders in accordance with clause H.11 Task Ordering Procedure (NFS 1852.216-80) and clause H.12 Additional Task Ordering Procedures. The contractor-provided rates in Cost Form F – Schedule of Rates, from the contractor’s proposal will be incorporated into the contract, as Exhibit N, at time of contract award.

(End of Clause)

[END OF SECTION]

80LARC22R0003 LaRC Research, Science, and Engineering Services (RSES) Section C

Section C – STATEMENT OF WORK

C.1 PERFORMANCE WORK STATEMENT

The Contractor shall provide all resources (except as may be expressly stated in the contract or task orders as furnished by the Government) necessary to perform the requirements delineated in Section J, Exhibit A, entitled “Performance Work Statement for Research, Science, and Engineering Services (RSES)”

(End of clause)

80LARC22R0003 LaRC Research, Science, and Engineering Services (RSES) Section D schedule and other equipment when no longer required for contract performance and NASA directs physical transfer to NASA or a third party. The Contractor shall identify property in both machine and human readable form unless the use of a machine readable- only format is approved by the NASA Industrial Property Officer.

(b) Equipment shall be marked in a location that will be human readable, without disassembly or movement of the equipment, when the items are placed in service unless such placement would have a deleterious effect on safety or on the item's operation.

(c) Concurrent with equipment delivery or transfer, the Contractor shall provide the following data in an electronic spreadsheet format:

(1) Item Description.

(2) Unique Identification Number (License Tag).

(3) Unit Price.

(4) An explanation of the data used to make the unique identification number.

(d) For equipment no longer needed for contract performance and physically transferred under paragraph (a) of this clause, the following additional data is required:

Date originally placed in service. Item condition.

(e) The data required in paragraphs (c) and (d) of this clause shall be delivered to the NASA center receiving activity listed below:

Parcel Post Shipments and Freight Shipments Ship to:

NASA Langley Research Center

4 South Marvin Street (Bldg 1206)

Hampton, VA 23681-2199

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

80LARC22R0003 LaRC Research, Science, and Engineering Services (RSES) Section E

(3) To perform individual TDNs and Task Orders which involve software development and/or maintenance for human-rated software systems, non-human space rated software systems, or mission support software; the Contractor (prime or subcontractor) performing the work shall be rated at the required Capability Maturity Model – Integration (CMMI®) for Development (CMMI- DEV) Capability Level required in Clause H.26. Individual TDN’s and Task Orders will specify the level of software classification.

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in—

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require—

(i) Control of such things as design, work operations, in-process control, testing, and inspection; or

(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

E.3 HUMAN SPACE FLIGHT ITEM (NFS 1852.246-73) (MAR 1997)

The Contractor shall include the following statement in all subcontracts and purchase orders placed by it in support of this contract, without exception as to amount or subcontract level:

"FOR USE IN HUMAN SPACE FLIGHT; MATERIALS, MANUFACTURING, AND

WORKMANSHIP OF HIGHEST QUALITY STANDARDS ARE ESSENTIAL TO

ASTRONAUT SAFETY.

IF YOU ARE ABLE TO SUPPLY THE DESIRED ITEM WITH A HIGHER QUALITY THAN

THAT OF THE ITEMS SPECIFIED OR PROPOSED, YOU ARE REQUESTED TO BRING

THIS FACT TO THE IMMEDIATE ATTENTION OF THE PURCHASER."

E.4 GOVERNMENT CONTRACT QUALITY ASSURANCE FUNCTIONS (NFS 1852.246-71)(OCT

1988)

In accordance with the inspection clause of this contract, the Government intends to perform the following functions at the locations indicated:

Quality Assurance

Function

Location

To be identified in individual Task Direction Notices or Task Orders, as appropriate.

80LARC22R0003 LaRC Research, Science, and Engineering Services (RSES) Section F

(b) In addition, each Task Order issued will identify a specific period of performance. Issuance of Task Orders under the IDIQ CLIN will not occur beyond the current contract expiration date.

Performance of all Task Orders issued before the end of the period of performance shall not exceed 12 months beyond the contract period of performance.

F.3 PLACE OF PERFORMANCE - SERVICES

Place of performance is primarily at LaRC, contractor/subcontractor offices and facilities, or via remote working at contractor employee homes aligned with NASA and LaRC’s Future of Work (FoW) initiatives (reference clause F.4), or additional locations identified in Task Orders or TDNs, including at other NASA Centers. Temporary Duty (TDY) locations may be specified in the Task Direction Notices (TDNs) and IDIQ task orders.

F.4 WORKSITE LOCATIONS

While many activities benefit from or require an on-site presence, NASA is taking steps to find the most effective balance of on-site, hybrid, and off-site work that enables the Agency to effectively perform its mission, otherwise known as Future of Work (FoW).

This goal creates the opportunity for NASA requirements owners, and the contractor, to support the NASA contractor workforce in creating their own flexible and agile work models that are appropriate for their work, efficiency cost effectiveness, and ultimately support mission needs.

During Phase-in and throughout contract performance, the contractor should consult with contract requirement owners to identify the staff worksite locations in TDN submissions, or other work packages, and address any impacts of the location to meeting requirements. To that end, the contractor may propose on-site, hybrid, and off-site work locations for its staff depending on the TDN requirements and work to be performed. The Contracting Officer Representative (COR) will approve worksite locations through approval of TDNs in iSite. To meet staffing flexibility needs as NASA FoW efforts evolve, NASA requirements owners will coordinate with the contractor to adapt worksite locations as necessary to ensure mission success.

LaRC will provide office space (ref. Clause G.8, paragraph (c)(1)) for up to 350 on-site contract employees (WYE) at LaRC, which may include hoteling/sharing space. The contractor shall provide adequate offsite space, consistent with their technical approach, to accommodate any other WYEs whose RSES work require them to be in close proximity to NASA Langley (e.g., if WYE needs to come on-site, or if other personnel [WYE or civil servant] need to meet RSES WYE off-site). Close proximity to Langley is considered surrounding cities/counties in the Hampton Roads Peninsula Area limited to Hampton, Newport News, Poquoson, and Yorktown.

Solutions could include, but are not limited to: local office space, teleworking office space, local telecommuting and/or other satisfactory measures for contractor employees and other staff (e.g., Foreign Nationals, short-term/visiting staff).

80LARC22R0003 LaRC Research, Science, and Engineering Services (RSES) Section F

The Government reserves the right to require contractor performance on-site to meet mission requirements.

F.5 PHASE-IN, PHASE-OUT AND CLOSE-OUT

(a) Contractor Phase-In

(1) The services provided by this contract are vital to the Government’s overall effort.

Therefore, continuity of these services must be maintained at a consistently high level without disruption. The Contractor is expected to meet full performance requirements upon contract start through the life of the contract.

(2) The Phase-In period shall be a maximum of ninety calendar days starting on the contract award date through the contract effective date . The Contractor shall accomplish Phase-In in accordance with contract requirements and the Exhibit B, Contract Data Requirements List (CDRL), DRD RSES 33, Phase-In Plan.

(3) Once the phase-in period is complete, the Contractor shall assume full responsibility for the effort covered by the PWS and as issued through TDNs and Task Orders.

(4) During phase-in, the Contractor (at a minimum) shall address all items required by Exhibit B, Contract Data Requirements List (CDRL), DRD RSES 33, Phase-In Plan:

(5) The total firm fixed price of all Phase-In activities shall not exceed the price set forth in Section B. Any costs incurred in excess of this amount shall be unallowable under this or any other government contract.

(6) The effort performed during the phase-in period will be evaluated under the Contractor Performance Assessment Rating System (CPARS).

(b) Contractor Phase-Out/Close-out

(1) Prior to contract completion, a successor Contractor(s) may be selected to perform the work requirements covered by the PWS. The incumbent Contractor shall conduct an orderly phase-out of contract activities prior to completion of this contract and assumption of responsibility for the effort described in the PWS by a successor Contractor(s). The Contractor shall remain responsible for the effort covered by the PWS during phase-out activities.

(2) Upon written notice by the Contracting Officer, the Contractor shall conduct phase-out activities for up to 90 calendar days prior to the contract completion date, including:

• Support periodic meetings with the successor Contractor(s) to identify and discuss problems or areas requiring attention during the phase- out period;

and

• Negotiate in good faith, a plan with the successor Contractor(s) to determine the nature and extent of phase-in and phase-out activities required. The plan shall include effective transfer of all effort to the successor Contractor(s); training of personnel; and any other agreements or steps necessary to ensure a smooth transition between the contracts. The plan shall be subject to the Contracting Officer’s approval.

(3) Close-Out activities shall be accomplished in accordance with FAR 52.237-3 “Continuity of Services.”.

80LARC22R0003 LaRC Research, Science, and Engineering Services (RSES) Section G

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

(a) The contractor can earn award fee from a minimum of zero dollars to the maximum stated in NASA FAR Supplement clause 1852.216-85, “Estimated Cost and Award Fee” in this contract.

(b) Beginning 6 months after the effective date of this contract, the Government shall evaluate the contractor's performance every 6 months to determine the amount of award fee earned by the contractor during the period. The contractor may submit a self-evaluation of performance for each evaluation period under consideration. These self-evaluations will be considered by the Government in its evaluation. The Government's Fee Determination Official (FDO) will determine the award fee amounts based on the contractor's performance in accordance with Exhibit L, Award Fee Plan. The plan may be revised unilaterally by the Government prior to the beginning of any rating period to redirect emphasis.

(c) The Government will advise the Contractor in writing of the evaluation results. The NASA/Shared Services Center (NSSC) Financial Management Division (FMD) Accounts Payable will make payment based on an approved award fee invoice.

(d) The Contracting Officer may direct the withholding of earned award fee payments until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interest relative to an orderly and timely closeout of the contract. This reserve shall not exceed 15 percent of the contract's total potential award fee or $100,000, whichever is less.

(e) The amount of award fee which can be awarded in each evaluation period is limited to the amounts set forth at Table B.2. Award fee which is not earned in an evaluation period cannot be reallocated to future evaluation periods.

(f)

(1) Provisional award fee payments will, as applicable, be made under this contract pending the determination of the amount of fee earned for an evaluation period. If applicable, provisional award fee payments will be made to the Contractor not more often than on a monthly basis. The total amount of award fee available in an evaluation period that will be provisionally paid is the lesser of 80 percent or the prior period's evaluation score.

(2) Provisional award fee payments will be superseded by the final award fee evaluation for that period. If provisional payments exceed the final evaluation score, the Contractor will either credit the next payment voucher for the amount of such overpayment or refund the difference to the Government, as directed by the Contracting Officer.

(3) If the Contracting Officer determines that the Contractor will not achieve a level of performance commensurate with the provisional rate, payment of provisional award fee will be discontinued or reduced in such amounts as the Contracting Officer deems appropriate. The Contracting Officer will notify the Contractor in writing if it is determined that such discontinuance or reduction is appropriate.

(4) Provisional award fee payments may be made, at the Contracting Officer’s discretion, prior to the first award fee determination by the Government.

(g) Award fee determinations are unilateral decisions made solely at the discretion of the Government.

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

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

(1) 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:

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.

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.

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. 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/invoice within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (b) of this section.

(f) Other payment clauses. In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests. In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate payment request for the amount withheld will be required before payment for that amount may be made.

G.4 PAYMENT OF PHASE-IN (CLIN 0001)

Payments for phase-in (CLIN 0001) will be made by the Government based on a receipt of a proper invoice and completion and acceptance of services rendered. This invoice shall be submitted in accordance with clause G.3 above.

G.5 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND PATENT

REPRESENTATIVE (NFS 1852.227-72) (APR 2015)

(a) For purposes of administration of the clause of this contract entitled "New Technology-Other than a Small Business Firm or Nonprofit Organization" or "Patent Rights--Ownership by the Contractor," whichever is included, the installation New Technology and Patent Representatives identified below are hereby designated by the Contracting Officer to administer such clause for the appropriate installation.

New Technology Representative NASA Langley Research Center Kimberly Middleton

M/S 151

Hampton, VA 23681-2199

Email: Kimberly.J.Middleton@nasa.gov

Direct all correspondence and reports to:

NASA Langley Research Center

New Technology Reporting Administrator

M/S 151 Hampton, VA 23681-2199

Email: LaRC-New-Technology@mail.nasa.gov

(b) Disclosures of reportable items and of subject inventions, interim new technology summary reports, final new technology summary reports, utilization reports, and other reports required by the applicable “New Technology” or “Patent Rights-Ownership by the Contractor” clause, as well as any correspondence with respect to such matters, shall be directed to the New Technology Representative unless transmitted in response to correspondence or request from the Patent Representative. Inquiries or requests regarding disposition of rights, election of rights, or related matters shall be directed to the Patent Representative. This clause shall be included in any subcontract hereunder requiring a "New Technology-Other than a Small Business Firm or Nonprofit Organization" clause or "Patent Rights--Ownership by the Contractor" clause, unless otherwise authorized or directed by the Contracting Officer. The respective responsibilities and authorities of the aforementioned representatives are set forth in 1827.305-270 of the NASA FAR Supplement.

G.6 TECHNICAL DIRECTION (LaRC 52.242-70) (JULY 2015)

(a) Performance of the work under this contract is subject to the written technical direction of the Contracting Officer’s Representative (COR), who shall be specifically appointed by the Contracting Officer in writing. "Technical direction" means a directive to the Contractor that approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor. Technical direction includes requiring studies and pursuit of certain lines of inquiry regarding matters within the general tasks and requirements in Section C of this contract.

(b) The COR does not have the authority to, and shall not, issue any instruction purporting to be technical direction that -

(1) Constitutes an assignment of additional work outside the statement of work;

(2) Constitutes a change as defined in the changes clause;

(3) Constitutes a basis for any increase or decrease in the total estimated contract cost, the fixed fee (if any), or the time required for contract performance;

(4) Changes any of the expressed terms, conditions, or specifications of the contract; or

(5) Interferes with the contractor's rights to perform the terms and conditions of the contract.

(c) All technical direction shall be issued in writing by the COR.

(d) The Contractor shall proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within the COR's authority. If, in the Contractor's opinion, any instruction or direction by the COR falls within any of the categories defined in paragraph (b) of this clause, the Contractor shall not proceed but shall notify the Contracting Officer in writing within 5 working days after receiving it and shall request the Contracting Officer to take action as described in this clause. Upon receiving this notification, the Contracting Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within 30 days that the instruction or direction is -

(1) Rescinded in its entirety; or

(2) Within the requirements of the contract and does not constitute a change under the changes clause of the contract, and that the Contractor should proceed promptly with its performance.

(e) A failure of the contractor and contracting officer to agree that the instruction or direction is both within the requirements of the contract and does not constitute a change under the changes clause, or a failure to agree upon the contract action to be taken with respect to the instruction or direction, shall be subject to the Disputes clause of this contract.

(f) Any action(s) taken by the contractor in response to any direction given by any person other than the Contracting Officer or the COR shall be at the Contractor's risk.

G.7 TECHNICAL DIRECTION NOTICES (TDNs) In accordance with LaRC clause 52.242-70, the COR will provide technical direction through issuance of Technical Direction Notices (TDNs). TDNs will define details including, but not limited to, schedules, funding, drawings, processes, and procedures. As part of the TDN process, the Contractor shall provide initial Rough Order of Magnitude (ROM) estimates for required resources. These ROM estimates are necessary to ensure appropriate funding among multiple users of the Core Mission Support and Task Order requirements. In no case shall the Contractor proceed with a TDN that changes the overall scope or exceeds the CLIN value or Task Order value without approval of the Contracting Officer and a modification to the contract or Task Order.

G.8 INSTALLATION – ACCOUNTABLE GOVERNMENT PROPERTY (NFS 1852.245-71)(JUN

2018) ALTERNATE I (JAN 2011)

(a) The Government property described in paragraph (c) of this clause may be made available to the Contractor on a no-charge basis for use in performance of this contract. This property shall be utilized only within the physical confines of the NASA installation that provided the property unless authorized by the Contracting Officer under (b)(1)(iv). Under this clause, the Government retains accountability for, and title to, the property, and the Contractor shall comply with the following:

• NASA Procedural Requirements (NPR) 4100.1, NASA Materials Inventory Management

Manual.

• NASA Procedural Requirements (NPR) 4200.1, NASA Equipment Management Procedural Requirements,

• NASA Procedural Requirement (NPR) 4300.1, NASA Personal Property Disposal Procedural Requirements

Property not recorded in NASA property systems must be managed in accordance with the requirements of the clause at FAR 52.245-1, as incorporated in this contract.

The Contractor shall establish and adhere to a system of written procedures to assure continued, effective management control and compliance with these user responsibilities. In accordance with FAR 52.245-1(h)(1) the contractor shall be liable for property lost, damaged, destroyed or stolen by the contractor or their employees when determined responsible by a NASA Property Survey Board, in accordance with the NASA guidance in this clause.

The Contractor shall ensure all Installation Accountable Government Property is reassigned before the current Contractor equipment user resigns or is terminated.

(b)

(1) The official accountable recordkeeping, financial control, and reporting of the property subject to this clause shall be retained by the Government and accomplished within NASA management information systems prescribed by the installation Supply and Equipment Management Officer (SEMO) and Financial Management Officer. If this contract provides for the Contractor to acquire property, title to which will vest in the Government, the following additional procedures apply:

The Contractor shall not utilize the installation's central receiving facility for receipt of contractor-acquired property. However, the Contractor shall provide listings suitable for establishing accountable records of all such property received, on a monthly basis, to the SEMO.

The Contractor shall furnish a copy of each purchase order, prior to delivery by the vendor, to the installation central receiving area.

The Contractor shall establish a record for Government titled property as required by FAR 52.245-1, as incorporated in this contract, and shall maintain that record until accountability is accepted by the Government.

Contractor use of Government property at an off-site location and off- site subcontractor use requires advance approval of the Contracting Officer and notification of the Industrial Property Officer. The property shall be considered Government furnished and the Contractor shall assume accountability and financial reporting responsibility. The Contractor shall establish records and property control procedures and maintain the property in accordance with the requirements of FAR 52.245-1, Government Property (as incorporated in this contract), until its return to the installation. NASA Procedural Requirements related to property loans shall not apply to offsite use of property by contractors.

(2) After transfer of accountability to the Government, the Contractor shall continue to maintain such internal records as are necessary to execute the user responsibilities identified in paragraph (a) of this clause and document the acquisition, billing, and disposition of the property. These records and supporting documentation shall be made available, upon request, to the SEMO and any other authorized representatives of the Contracting Officer.

(c) The following property and services are provided if checked:

(1) ☒Office space, work area space, and utilities. Government telephones are available for official purposes only.

(2) ☒ Office furniture.

(3) ☒ Property listed in Exhibit K, Installation Accountable Government Property.

If the Contractor acquires property, title to which vests in the Government pursuant to other provisions of this contract, this property also shall become accountable to the Government upon its entry into Government records.

The Contractor shall not bring to the installation for use under this contract any property owned or leased by the Contractor, or other property that the Contractor is accountable for under any other Government contract, without the Contracting Officer's prior written approval.

(4) Supplies from stores stock.

(5) Publications and blank forms stocked by the installation.

(6) ☒ Safety and fire protection for Contractor personnel and facilities.

(7) ☒ Installation service facilities: none.

(8) ☒ Medical treatment of a first-aid nature for Contractor personnel injuries or illnesses sustained during on-site duty.

(9) ☒ Cafeteria privileges for Contractor employees during normal operating hours.

(10) ☒ Building maintenance for facilities occupied by Contractor personnel.

(11) ☒ Moving and hauling for office moves, movement of large equipment, and delivery of supplies. Moving services may be provided on-site, as approved by the Contracting Officer.

G.9 LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO FAR 52.245-1 (NFS

1852.245-76)(JAN 2011)

For performance of work under this contract, the Government will make available Government property as required for TDN’s/TO’s as identified in Exhibit J, Government Furnished Property of this contract on a no charge-for-use basis pursuant to the clause at FAR 52.245-1, Government Property, as incorporated in this contract. The Contractor shall use this property in the performance of this contract at NASA Langley Research Center, Hampton, VA, and at other location(s) as may be approved by the Contracting Officer. Under FAR 52.245-1, the Contractor is accountable for the identified property.

G.10 FINANCIAL REPORTING OF NASA PROPERTY IN THE CUSTODY OF CONTRACTORS

(NFS 1852.245-73)(JAN 2017)

(a) The Contractor shall submit annually a NASA Form (NF) 1018, NASA Property in the Custody of Contractors, in accordance with this clause, the instructions on the form and NFS subpart 1845.71, and any supplemental instructions for the current reporting period issued by NASA.

(b)

(1) Subcontractor use of NF 1018 is not required by this clause; however, the Contractor shall include data on property in the possession of subcontractors in the annual NF 1018.

(2) The Contractor shall mail the original signed NF 1018 directly to the cognizant NASA Center Industrial Property Officer and a copy to the cognizant NASA Center Deputy Chief Financial Officer, Finance, unless the Contractor uses the NF 1018 Electronic Submission System (NESS) for report preparation and submission.

NASA Langley Research Center, Industrial Property Officer, 9B Langley Boulevard, Mail Stop 135 Hampton VA 23681-2199

NASA Langley Research Center, Financial Management Office, Property Management 5 Langley Boulevard, Mail Stop 22 Hampton VA 23681-2199

(3) One copy shall be submitted (through the Department of Defense (DOD) Property Administrator if contract administration has been delegated to DOD) to the following address:

Langley Research Center

5 Langley Blvd, Bldg 2101

M/S 12, Hampton, VA 23681-2199

Unless the Contractor uses the NF 1018 Electronic Submission System (NESS) for report preparation and submission.

(c)

(1) The annual reporting period shall be from October 1 of each year through September 30 of the following year. The report shall be submitted in time to be received by October 31st. The information contained in these reports is entered into the NASA accounting system to reflect current asset values for agency financial statement purposes.

Therefore, it is essential that required reports be received no later than October 31st.

(2) Some activity may be estimated for the month in which the report is submitted, if necessary, to ensure the NF 1018 is received when due. However, contractors' procedures must document the process for developing these estimates based on planned activity such as planned purchases or NASA Form 533 (NF 533) Contractor Financial Management Report cost estimates. It should be supported and documented by historical experience or other corroborating evidence, and be retained in accordance with FAR Subpart 4.7, Contractor Records Retention. Contractors shall validate the reasonableness of the estimates and associated methodology by comparing them to the actual activity once that data is available, and adjust them accordingly. In addition, differences between the estimated cost and actual cost must be adjusted during the next reporting period. Contractors shall have formal policies and procedures, which address the validation of NF 1018 data, including data from subcontractors, and the identification and timely reporting of errors. The objective of this validation is to ensure that information reported is accurate and in compliance with the NASA FAR Supplement. If errors are discovered on NF 1018 after submission, the contractor shall contact the cognizant

NASA Center Industrial Property Officer (IPO) within 30 days after discovery of the error to discuss corrective action.

(3) In addition to an annual report, if at any time during performance of the contract, NASA-owned property in the custody of the contractor has a value of $10 million or more, the contractor shall also submit a report no later than the 21st of each month in accordance with the requirements of paragraph (c)(2) of this clause.

(4) The Contracting Officer may, in NASA's interest, withhold payment until a reserve not exceeding $25,000 or 5 percent of the amount of the contract, whichever is less, has been set aside, if the Contractor fails to submit annual NF 1018 reports in accordance with NFS subpart 1845.71, any monthly report in accordance with (c)(3) of this clause, and any supplemental instructions for the current reporting period issued by NASA. Such reserve shall be withheld until the Contracting Officer has determined that NASA has received the required reports. The withholding of any amount or the subsequent payment thereof shall not be construed as a waiver of any Government right.

(d) A final report shall be submitted within 30 days after disposition of all property subject to reporting when the contract performance period is complete in accordance with paragraph

(b) (1) through (3) of this clause.

G.11 OCCUPANCY MANAGEMENT REQUIREMENTS (NFS 1852.245-82)(SEP 2017)

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

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

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

NPR 8800.15, Real Estate Management Program

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

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

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

80LARC22R0003 LaRC Research, Science, and Engineering Services (RSES) Section H assessments/evaluations/analyses. Examples under the RSES Contract include, but are not limited to:

a. Potential for access to other Contractor’s confidential business and technical information and/or other proprietary Contractor data; sensitive Government information relating to Government requirements, budget, and mission planning

b. Access to project planning and other documents relating to the Government’s plans for upcoming projects and acquisitions.

c. Participation in activities requiring access to information regarding current and future research, business opportunities, cost estimation and proposal development for new research opportunities, and strategic planning.

(3) Impaired Objectivity. There is a concern that the successful contractor or its proposed subcontractor(s) judgment and objectivity in performing their contract requirements may be impaired due to the fact that the substance of the contractor’s performance has the potential to affect other interests of the contractor, thereby impairing the successful contractor’s judgment and objectivity. Examples for the RSES contract include, but are not limited to:

a. The contractor will be required to use its subjective judgment in performing PWS requirements and may have a financial interest in outcome of its performance.

b. The contractor’s performance of studies to evaluate, assess, define operability, maintainability and supportability aspects of its own or a competitor’s design/software/methodology.

c. The Contractor will perform evaluations of the work/proposals/performance of itself or its competitors, such as submitting a proposal for an evaluation and also assisting with the evaluation of proposals.

(c) The restrictions upon future contracting are as follows:

(1) If the Contractor, through the performance this contract, is required to: 1) develop requirements, specifications or statements of work that are to be incorporated into a solicitation; or 2) participate in activities requiring access to information regarding current and future research, business opportunities, cost estimation and proposal development for new research opportunities, and strategic planning, the Contractor shall be ineligible to perform the work described in that solicitation as a prime or first-tier subcontractor under an ensuing NASA contract. This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Officer and the Contractor, sufficient to avoid unfair competitive advantage or potential bias (this time shall in no case be less than the initial period of performance of the ensuing contract). NASA shall not unilaterally require the Contractor to prepare such specifications or statements of work under this contract.

(2) The limitation in paragraph (c)(1) above shall not apply to situations where the Contractor performs work under this contract to assist NASA LaRC to develop proposals which are submitted by NASA LaRC in response to NASA Announcements of Opportunity (AO) or NASA Research Announcements (NRAs) and that will require the Contractor to perform work for NASA LaRC under this contract should NASA LaRC receive an award based on such proposals because the Contractor is not the Offeror in such situations. The Contractor shall not evaluate any proposals submitted in response to such AOs or NRAs.

(3) To the extent that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and as long as this data remain proprietary or confidential, the Contractor and its subcontractors shall protect this data from authorized use and disclosure and agree not to use this data, either directly or indirectly, in any proposals responding to a future Government solicitation. Similarly, the Contractor and its subcontractors shall protect Government non-public information from unauthorized use and disclosure and agree not to use it, either directly or indirectly, in any proposals responding to a future Government solicitation. If the Contractor and/or its subcontractor are unable to demonstrate adequate protection to ensure that non-public data/information could not be used to improve their competitive position in a future procurement, they will be ineligible for award of the contract resulting from such procurement.

(4) If the Contractor, through the performance of this contract, is required to participate in technical reviews or provide engineering consultation services on its own proposals/quotations, products, or services (or those of its affiliate(s) or competitor(s)) provided under a different contract(s), the Contractor shall be ineligible to perform such work as a prime or subcontractor.

(d) The Contractor shall include this clause in all subcontract(s) regardless of tier.

H.3 ORGANIZATIONAL CONFLICTS OF INTEREST (LaRC 52.227-96) (MAY 2021) (Applicable to all CLINs, TDNs, and TOs)

a) For purposes of this clause, the term “Contractor” shall include the prime contracting entity’s parent, subsidiaries, divisions, and all affiliated companies that are under common control with such entity. In addition, the prime Contractor shall flow down this clause to all subcontractors.

b) Pursuant to FAR 9.504, the Contracting Officer is responsible for identifying and evaluating potential Organizational Conflicts of Interest (OCI) early in the acquisition process and either avoiding, neutralizing, or mitigating such conflicts before contract award, TDN awards, or task order awards, as appropriate.

c) During the performance of this contract, the Contractor may encounter Organizational Conflicts of Interest addressed in FAR 9.5. More specifically, the Contracting Officer has determined and identified the following potential conflicts that the Contractor may encounter during performance of this contract:

i. See Clause H.2

d) The contractor shall provide an update within the Monthly Progress Report (reference

Exhibit B, DRD #6) to discuss upcoming actions that might result in conflicts, in order to mitigate these conflicts as early as possible. The contractor shall prepare and provide a docket, as part of the Progress Report, consisting of:

i. All active contracts, anticipated contracts and subcontracts, work that the contractor, its parents and subsidiaries are pursuing or intend to pursue.

ii. Work in which the contractor, its parent and subsidiaries are interested.

iii. Upcoming projects for LaRC or other NASA Centers and identification of any potential conflicts.

e) Contractor’s Response to Contract/TDN/Task Order Requests: Within two (2) business days of receipt of a Contract TDN or Task Order request causing a conflict to arise, the Contractor shall notify the Contracting Officer and provide a report of a potential conflict detailing:

1. The nature of the conflict;

2. Plan for avoiding, neutralizing or mitigating the conflict; and

3. The benefits and risks associated with acceptance of the plan.

f) Government Response to a Report of a Potential Conflict: The Contracting Officer will review the report and determine which of the following approaches is in the best interest of the Government and shall so advise the Contractor:

1. The Contractor shall perform consistent with the Contract/Task Order and the Contractor’s plan to avoid, mitigate, or neutralize the conflict;

2. The Contractor shall not perform the Contract/Task Order; or

3. The Government will modify the Contract/Task Order to remove the identified conflict.

g) Additional requirements: Any limitations on future contracting resulting from the

Contractor’s or its Subcontractor’s performance of the contract requirements are identified in Section H.2, NFS 1852.209-71, Limitation of Future Contracting.

H.4 EXPORT LICENSES (NFS 1852.225-70)(FEB 2000) ALT I (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 120-130, and the Export Administration Regulations (EAR), 15 CFR parts 730-799, 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 Langley Research Center, Hampton, VA 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.

(e) The Contractor may request, in writing, that the Contracting Officer authorize it to export ITAR-controlled technical data (including software) pursuant to the exemption at 22 CFR 125.4(b)(3). The Contracting Officer or designated representative may authorize or direct the use of the exemption where the data does not disclose details of the design, development, production, or manufacture of any defense article.

H.5 KEY PERSONNEL AND FACILITIES (NFS 1852.235-71)(MAR 1989)

(a) The personnel and/or facilities listed below (or specified in the contract Schedule) are considered essential to the work being performed under this contract. Before removing, replacing, or diverting any of the listed or specified personnel or facilities, the Contractor shall

(1) notify the Contracting Officer reasonably in advance and

(2) submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.

(b) The Contractor shall make no diversion without the Contracting Officer's written consent;

provided, that the Contracting Officer may ratify in writing the proposed change, and that ratification shall constitute the Contracting Officer's consent required by this clause.

(c) The list of personnel and/or facilities (shown below or as specified in the contract Schedule) may, with the consent of the contracting parties, be amended from time to time during the course of the contract to add or delete personnel and/or facilities.

Key Personnel: (Include names and position titles) Offeror to provide this information in its proposal under Subfactor 1: MGMT 3

Key Facilities: If applicable, offeror’s to provide information on off-site facility or other proposed key facilities in its business proposal

H.6 RESERVED

H.7 NASA SECURITY PROGRAM/FOREIGN NATIONAL EMPLOYEE ACCESS REQUIREMENTS

and IDENTIFICATION (LaRC 52.204-91) (MAR 2022)

1) Applicable Definitions:

Foreign National: A foreign national is any person who is not a U.S. citizen, lawful permanent resident, or protected individual as defined by 8 U.S.C. 1101(a) (20) and 8 U.S.C. 1324b(a) (3).

This also means any foreign corporation, business association, partnership, trust, or society, as well as any international organizations, any foreign government, and any agency or subdivision of foreign governments (e.g., diplomatic missions).

Lawful Permanent Resident (LPR): An LPR is any foreign person legally permitted to reside and work within the United States, to include protected individuals. LPRs are to be afforded all the rights and privileges of a U.S. citizen with the exception of voting, holding public office, access to classified national security information, and employment in the federal sector (except for specific needs or under temporary appointment per 5 CFR, Part 7, Section 7.4). LPRs are not prohibited from accessing export controlled items and information, but must have a work-related "need-to-know" for access. LPRs are considered foreign nationals under immigration laws. LPR, as defined herein, is to replace the term “Permanent Resident Alien” (PRA) in all NASA guidance that has not yet been updated to the use of LPR.

Visit: A visit is any means by which, and any duration for which, access is obtained to non-public NASA assets.

NASA Asset: A system, item, person or any combination thereof, that has importance or value to the NASA mission. People, data, technology, buildings, property, vehicles, blueprints, contracts, records, and funds are examples of what may constitute a NASA asset.

Access: Access, with regard to NASA assets, is the explicit granting of permission to enter and/or use NASA facilities, interact with NASA personnel, and/ or use NASA information and related information processing services.

Physical Access: Physical access is the ability to touch, or walk into or up to, a NASA Asset. Physical access is controlled through the use of door locks, card readers, gates, fences, officers, walls. The purpose of these controls is to limit access to those persons who have been granted permission to access controlled assets.

Logical Access: Logical access, commonly referred to as IT access, is the ability to interact with electronic data, applications, or systems.

2.) The contractor shall adhere to Center and Agency-wide program policy and guidance for security operations and the Contractor shall comply with the following:

• NPR 1600.1, NASA Security Program Procedural Requirements (current version)

• NPD 1600.9, NASA Insider Threat Program (current version)

• NPD 1600.3, Policy on Prevention of and Response to Workplace Violence (current version)

• NPR 1600.3, Personnel Security (current version)

• NPR 1600.4, Identity and Credential Management (current version).

3.) For any contract requiring a Facility Clearance Level (FCL) for access to Classified National Security Information (CNSI), the contractor shall adhere to the Agency-wide program policy and guidance related to the protection of CNSI by complying with NPR 1600.2, NASA Classified National Security Information (current version).

4.) For any contract requiring an FCL for access to CNSI and requiring access to Communications Security (COMSEC) equipment, the contractor shall adhere to the Agency-wide program policy and guidance related to the protection of COMSEC equipment by complying with NPR 1600.6, Communications Security (COMSEC) (NPR 1600.6 is a protected document that can be obtained by contractors that have a need-to- know. The LARC point of contact is the LARC COMSEC Account Manager (CAM)).

5.) At all times while on NASA property, the contractor, subcontractors, their employees, and agents shall wear NASA issued credentials.