Terms and Conditions_Section B - M Amendment 3.pdf

80LARC23R0002

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 1852.216-78 FIRM FIXED PRICE. (DEC 1988)

The total firm fixed price of this contract is $___________.

(End of clause)

B.2 JSC 52.216-90 IDIQ MINIMUM AND MAXIMUM ORDERING LIMITS (NOV

2018)

In accordance with FAR 52.216-22, Indefinite Quantity, the contract guaranteed minimum amount to be ordered under this contract is $5,000 and the contract Not to Exceed (NTE) amount which may be ordered under this contract is $110,000. The Government is not obligated to order more than the minimum specified, but may order up to the NTE amount. The Contractor is obligated to fulfill orders issued, up to the NTE amount within the limits specified in FAR

52.216-19 Order Limitations.

(End of clause) https://officeofprocurement.jsc.nasa.gov/JPIprod/JPI-Consolidated.pdf

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SPECIFICATION/STATEMENT OF WORK

The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to perform all requirements set forth in the following:

Exhibit A – Statement of Work (SOW)

(End of Clause)

SECTION D - PACKAGING AND MARKING

D. 1 1852.245-74 IDENTIFICATION AND MARKING OF GOVERNMENT

EQUIPMENT. (JAN 2011)

(a) The Contractor shall identify all equipment to be delivered to the Government using

NASA Technical Handbook (NASA-HDBK) 6003, Application of Data Matrix Identification

Symbols to Aerospace Parts Using Direct Part Marking Methods/Techniques, and NASA

Standard (NASA-STD) 6002, Applying Data Matrix Identification Symbols on Aerospace Parts or through the use of commercial marking techniques that: (1) are sufficiently durable to remain intact through the typical lifespan of the property: and, (2) contain the data and data format required by the standards. This requirement includes deliverable equipment listed in the 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:

(1) Date originally placed in service.

(2) 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:

NASA Johnson Space Center

Attention: JM/Yong-il Yi

Central Receiving, Bldg. 420

2101 NASA Parkway

Houston, TX 77058-3696

SECTION D - PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1):

52.246-4 INSPECTION OF SERVICES - FIXED-PRICE. (AUG 1996)

(End of by reference clauses)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1):

52.242-15 STOP-WORK ORDER. (AUG 1989)

(End of by reference clauses)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE:

NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES:

1852.245-75 PROPERTY MANAGEMENT CHANGES. (JAN 2011)

1852.245-78 PHYSICAL INVENTORY OF CAPITAL PERSONAL PROPERTY. (AUG 2015)

(End of by reference clauses)

G.2 1852.232-80 SUBMISSION OF VOUCHERS FOR PAYMENT. (APR 2018)

(a) The designated payment office is the NASA Shared Services Center (NSSC) located at

FMD Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

(b) Except for classified vouchers, the Contractor shall submit all vouchers and invoices using the steps described at NSSC's Vendor Payment information Web site at:

https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at

1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.

(c) Payment requests.

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

(2) Vouchers submitted under cost type contracts and invoices submitted under fixed-price contracts shall include the items delineated in FAR 32.905(b) supported by relevant back-up documentation. Back-up documentation shall include at a minimum, the following information:

(i) Vouchers.

(A) Breakdown of billed labor costs and associated contractor generated supporting documentation for billed direct labor costs to include rates used and number of hours incurred.

(B) Breakdown of billed other direct costs (ODCs) and associated contractor generated supporting documentation for billed ODCs.

(C) Indirect rate(s) used to calculate the amount of billed indirect expenses.

(D) Progress reports, as required.

(ii) Invoices.

(A) Description of goods and services delivered as part of the contract's terms and conditions, including the dates of delivery/performance.

(B) Progress reports, as required.

(C) Date goods and services were performed.

(iii) Fee vouchers.

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

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

(C) A clear explanation of the fee calculations.

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

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

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

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

G.3 1852.245-71 INSTALLATION-ACCOUNTABLE GOVERNMENT PROPERTY.

(JUN 2018)

(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;

NASA Procedural Requirement (NPR)_4310.1 Artifact Identification and Disposition

JSC Procedural Requirement (JPR) 1281.7 Control of Customer Property

JSC Procedural Requirement (JPR) 1281.15, Identification, Handling, Storage, Packaging, Preservation, and Delivery;

Johnson Space Center Work Instruction (JWI) 4200.1, Management of Controlled

Equipment;

Johnson Space Center Work Instruction (JWI) 4210.2, JSC Instructions for Control of

Program Stock (formerly JSC 26549);

Johnson Space Center Work Instruction (JWI) 4300.1, JSC Instructions for Excess and

Disposal of Government Property; and

Johnson Space Center Work Instruction (JWI) 6050.1, Procedures for Processing

Shipments from JSC.

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.

(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:

(i) The Contractor's purchase order shall require the vendor to deliver the property to the installation central receiving area.

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

(iii) 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.

(iv) 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 this section: two on-site workstations that include two computers and one network printer as Installation Accountable Government Property.

(i) 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.

(ii) 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: Building 42, Building 323 and Building 326.

(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.

(End of clause)

G.4 1852.245-82 OCCUPANCY MANAGEMENT REQUIREMENTS. (SEP 2017)

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

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

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

(3) JPD 4310.1, Preservation of National Historic Landmarks and Historic Buildings

* Historic district and historic buildings “contributing” elements include trees, landscaping, etc.

(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.

(End of clause)

G.5 JSC 52.204-92 NASA SECURITY PROGRAM AND IDENTIFICATION OF

EMPLOYEES (JUL 2022)

(a) 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

• NPD 1600.3, Policy on Prevention of and Response to Workplace Violence

• NPR 1600.3, Personnel Security (current version)

• NPR 1600.4, Identity and Credential Management. (Current Version)

(b) 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 the following:

• NPR 1600.2, NASA Classified National Security Information (current version)

(c) 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 the following:

• 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 JSC point of contact is the JSC COMSEC Account Manager (CAM)).

(d) At all times while on NASA property, the contractor, subcontractors, their employees, and agents shall wear NASA issued credentials. NASA credentials will be issued in accordance with

NPR 1600.4, Identity and Credential Management. The employee’s Facility Security Officer

(FSO) and/or Designated Official (DO) will submit an identity request for temporary (between

29 and 179 days) or permanent (greater than 180 days) credentials within the NASA Identity and

Access Management (IdMAX) system.

(e) Credentials will be issued at the following locations:

• Johnson Space Center (JSC) Badging Office, Building 110, Monday through Friday excluding holidays.

• White Sands Test Facility (WSTF), Protective Services Office Building (PSOB), Building

108, Monday through Friday excluding holidays. WSTF visitor credentials will be issued on a 7-day-a-week, 24-hour-a-day basis.

(f) The FSO/DO needing identity requester rights, must complete the following training in

SATERN: Personal Identity Verification (PIV) – ICAM Overview “AG-PIV-ICAM-

OVERVIEW” and Personal Identity Verification (PIV) – Requester Module “AG-PIV-

IDENTITY-REQUESTER.” After completion of the training, the FSO/DO will request the following rights in NAMS: Agency ICAM Infrastructure; with the Identity Requester role.

Lastly, submit a JSC Form (JF) 200, NASA JSC Agreement Maintenance Card to be added as a

Requester for the contract/agreement of responsibility. This will allow the contractor to have identity requester privileges within IdMAX.

(g) For temporary credential requests, the FSO/DO will submit the credential request within

IdMAX and instruct the employee to visit the JSC Badging Office to complete the enrollment process for the temporary credential. The employee will need to present two forms of matching

I-9 identification documents to process a temporary credential. The list of acceptable I-9 documents can be found on the U.S. Citizenship and Immigration Services (USCIS) website located at www.uscis.gov.

(h) For permanent credential requests, the FSO/DO will submit the request within IdMAX.

NASA Personnel Security will notify the employee via email to begin background investigation processing and will provide the employee the necessary forms to complete the eQIP process electronically. Once the background investigation process is complete, the employee will be notified to go to the JSC Badging Office or the NASA Facility nearest to the employee for enrollment. Employees will present two forms of matching I-9 identification documents to process for a permanent credential; and will receive a temporary 30-day credential or Interim

Agency Smart Badge until the PIV credential is ready for pickup. When the PIV credential arrives, the employee will receive an email notification for credential pickup.

(i) The contractor shall be held accountable for issued credentials, keys, and other items. The contractor must assure credentials (returned to JSC Badging Office) and keys (returned to JSC

Locksmith Office) are returned upon completion of work under the contract in accordance with the procedures listed on JF 760, JSC Termination/Retiree and Return for Future Use Checklist.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES INCORPORATED BY REFERENCE:

NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES:

1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP REPORTING. (DEC

2015)

1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY. (FEB 2002) ALTERNATE I

(FEB 2006)

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

(End of by reference clauses)

H.2 1852.225-70 EXPORT LICENSES. (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR parts 120-130, 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 Johnson Space Center, where the foreign person will have access to export-controlled technical data or software.

(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.

(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.

contract for a further period as may be specified in the contract or otherwise agreed to by the parties.

(4) If, after the notification referred to in paragraph (c)(3)(ii) of this clause, additional funds are not allotted by the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it, the Contracting Officer shall, upon the Contractor's written request, terminate this contract on that date or on the date set forth in the request, whichever is later, pursuant to the

Termination for Convenience of the Government clause.

(d) When additional funds are allotted from time to time for continued performance of the work under this contract, the parties shall agree on the applicable period of contract performance to be covered by these funds. The provisions of paragraphs (b) and (c) of this clause shall apply to these additional allotted funds and the substituted date pertaining to them, and the contract shall be modified accordingly.

(e) If, solely by reason of the Government's failure to allot additional funds in amounts sufficient for the timely performance of this contract, the Contractor incurs additional costs or is delayed in the performance of the work under this contract, and if additional funds are allotted, an equitable adjustment shall be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the items to be delivered, or in the time of delivery, or both.

(f) The Government may at any time before termination, and, with the consent of the

Contractor, after notice of termination, allot additional funds for this contract.

(g) The provisions of this clause with respect to termination shall in no way be deemed to limit the rights of the Government under the default clause of this contract. The provisions of this

Limitation of Funds clause are limited to the work on and allotment of funds for the items set forth in paragraph (a). This clause shall become inoperative upon the allotment of funds for the total price of said work except for rights and obligations then existing under this clause.

(h) Nothing in this clause shall affect the right of the Government to terminate this contract pursuant to the Termination for Convenience of the Government clause of this contract.

H.4 1852.235-71 KEY PERSONNEL AND FACILITIES (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.

Role Name

Project Manager

H.5 JSC 52.223-94 ENVIRONMENTAL (AND ENERGY CONSERVATION

REQUIREMENTS - RESERVED) AND HAZARDOUS MATERIALS USE (JUN

2022)

(a) This clause is JSC-unique, and the requirements described herein are in addition to any U.S.

Environmental Protection Agency (EPA), U.S. Occupational Safety and Health Administration

(OSHA), or other applicable federal or state regulations or statutes, including those promulgated and enforced by the Texas Commission on Environmental Quality (TCEQ), the Texas Department of State Health Services (TDSHS) and the Texas Department of Licensing and Regulation

(TDLR). Therefore, the following requirements do NOT supersede but rather supplement any statutory or regulatory requirements for any entity subject to this clause.

(b) The Contractor shall comply with all applicable federal, state, and site-specific regulations, public laws, and current executive orders, as well as the following applicable NASA and Johnson

Space Center site-specific permits, plans, and management directives for activities affecting human health or the environment. Johnson Space Center (JSC) includes the JSC main campus, NASA-Ellington Field (EF), Sonny Carter Training Facility (SCTF), and El Paso Forward

Operating Location (EPFOL). NASA and JSC site-specific directives include, but are not limited to:

(1) NPD 8500.1, NASA Environmental Management;

(2) NPR 8530.1, NASA Sustainable Acquisitions;

(3) NPR 8553.1, NASA Environmental Management Program;

(4) NPR 8570.1, NASA Energy Management Program;

(5) NPR 8580.1, NASA National Environmental Policy Act Management Requirements;

(6) JPD 8500.1, JSC Environmental Excellence Policy;

(7) JPR 1040.4, JSC Emergency Preparedness Program;

(8) JPR 1700.1, JSC Health and Safety Handbook;

(9) JPR 8550.1, JSC Environmental Compliance Procedural Requirements;

(10) JPR 8553.1, JSC Environmental Management System Manual;

(11) JPR 8750.1, Energy and Water Conservation Plan;

(12) JWI 1040.26, Hazardous Substance Spill/Release Response; and

(13) JWI 8553.1, EMS Aspect/Impact Assessment and EMP Process.

(c) "Hazardous materials," for the purposes of this clause, consist of the following:

(1) Those “hazardous chemicals” and "extremely hazardous substances" subject to the emergency planning notification and reporting requirements in the EPA’s Emergency

Planning and Community Right-to-Know (EPCRA) Regulation, 40 CFR Parts 355 and

370, and counterpart TCEQ regulations without regard for quantity.

(2) Those "hazardous substances" and “hazardous chemicals” subject to the release notification and reporting requirements under EPA’s EPCRA, 40 CFR Parts 302 and 372, and counterpart TCEQ regulations, without regard for quantity.

(3) Those materials defined as "highly hazardous chemicals" in OSHA Process Safety

Management Regulation, 29 Code of Federal Regulation (CFR) Part 1910.119, without regard for quantity.

(4) Those industrial solid and hazardous wastes generated, as a result of Contractor’s activities, as defined by the US EPA and TCEQ regulations, and as further defined and described in JPR 8550.1, JSC Environmental Compliance Procedural Requirements.

(5) Oil, as defined and regulated under 40 CFR 112, Spill Prevention Control and

Countermeasures and counterpart TCEQ regulations.

(6) Other regulated materials containing hazardous constituents or exhibit hazardous properties (e.g. flammable, reactive, corrosive and toxic) that are specifically identified by other statutes or regulations (e.g., PCBs, asbestos, hazardous air pollutants, etc.).

(7) Any radioisotope material or device that produces ionizing radiation.

(8) Any Class 1M, 2, 2M, 3A, 3R, 3B or 4 laser system as defined by the American National

Standards Institute No. Z136.1 (most current version).

(9) Any explosive or any pyrotechnics.

(10) Any pesticide.

(d) As applicable, the Contractor shall provide data on sustainable acquisitions (including JF1121 waivers obtained if any), waste reduction/pollution prevention, waste generation/disposal and recycling/waste diversion, and well as construction/demolition activities per DRD 5, Environmental Compliance Reports.

(e) If the Contractor uses, procures, accumulates or manufactures hazardous materials, the contractor shall develop and maintain an inventory listing the identity, hazards and quantity of the hazardous materials purchased, stored, processed, manufactured, and/or used onsite at JSC for the performance of the contract and provide quarterly/annual reports per DRD 5, Environmental Compliance Reports. The Contractor shall utilize the JSC hazardous material tracking and reporting system, including obtaining a JSC-specific Safety Data Sheet (SDS) identification number, as described within JPR 1710.1. Refer to Chapter 9 of JPR 1700.1, relating to controlling and inventorying/reporting hazardous material usage and releases.

(f) The contractor shall notify JSC Occupational Health/Space Medicine Operations (SD) prior to any initial use, quantity change or different application of hazardous materials, including as applicable, obtaining a waiver (JF594) prior to purchasing a prohibited or restricted hazardous material, per DRD 5, Environmental Compliance Reports.

(g) As applicable, the Contractor shall provide data on the use, management, and disposition of ozone depleting substances (ODS), per DRD 5, Environmental Compliance Reports.

(h) As applicable, the Contractor shall provide, track and ensure the adequacy of appropriate training of its employees in the use and management of hazardous materials (including waste).

Refer to JPR 1700.1 and JPR 8550.1 for employee training requirements, including initial training and applicable refresher training. The contractor shall maintain complete and accurate records demonstrating compliance with applicable training requirements and make them available upon request.

(i) As applicable, the Contractor shall use and manage all hazardous materials properly and take all necessary precautions (e.g., engineering controls, personnel protective equipment, etc.) to avoid or mitigate potential adverse effects to humans or the environment. Should an unauthorized release occur, the Contractor shall immediately contact the JSC Emergency

Dispatch Center (EDC) at (281) 483-3333, to request assistance.

(j) As applicable, the Contractor shall develop, maintain, and update, an Associated Contractor

Agreement (ACA) with the PIE Environmental Support Services Contractor specifying the nature of compliance-related tasks, notifications/reports, frequencies, and expectations for timely, accurate, and complete documentation. The Contractor shall notify the Contract Officer, Contract Officer Representative and JSC PIE Office on the status of the ACA negotiation process, upon initial ACA execution and subsequent updates of the ACA, in accordance with

DRD 5, Environmental Compliance Reports.

(k) The Contractor shall complete, maintain, and make available to the Contracting Officer, JSC

Planning, Integration and Environmental Office, JSC Energy Manager, and/or regulatory agency inspection and authorized compliance audit personnel all documentation/records upon request, relating to environmental compliance required by JPR 8550.1 (e.g., operating logs, equipment maintenance, calibration and training records, etc.), even if not routinely submitted to the respective offices listed above.

(l) Per the JSC Environmental Management System (JPR 8553.1), JSC's Planning, Integration and Environmental Office serves as the single point of contact with federal and state regulatory agencies and their representatives. The Contractor shall immediately notify the Contracting

Officer and JSC Planning, Integration and Environmental Office at (281) 483-6207 or JSC-

Environmental-Office@nasa.gov if contacted formally or informally by external regulatory agency representatives. The Contractor shall immediately notify the Contracting Officer and the

JSC Planning, Integration and Environmental Office upon receipt of any official correspondence alleging noncompliance.

(m) Should a Notice of Violation, Notice of Noncompliance, Notice of Deficiency, or similar regulatory agency notice or enforcement action be issued to the Government on account of the actions or inactions of the Contractor or any of its subcontractors in the performance of work under this contract, the Contractor shall fully cooperate with the Government in investigating the allegations, correcting/remediating any problems caused, and defending against any enforcement actions arising out of such actions or inactions.

(n) The Contractor shall insert the substance of this clause, including this paragraph with appropriate changes of designations of the parties, in subcontracts under which environmental requirements apply (including sustainable acquisitions and recycling/waste diversion reporting) and/or hazardous materials will be utilized, or may reasonably be expected to be utilized, onsite at JSC. The Contractor shall be responsible for tracking and ensuring the overall performance and environmental compliance of its subcontractors.

(o) In the event the Contractor fails or refuses to comply with any aspect of this clause, such failure or refusal may be considered a material breach of this contract.

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1):

52.202-1 DEFINITIONS. (JUN 2020)

52.203-3 GRATUITIES. (APR 1984)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (JUN

2020) ALTERNATE I (NOV 2021)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS. (JUN 2020)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (NOV 2021)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (JUN 2020)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS. (JAN 2017)

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

CONTENT PAPER. (MAY 2011)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL. (JAN

2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS. (JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE. (AUG

2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS. (DEC 2014)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

ENTITIES. (NOV 2021)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (NOV 2021)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT.

(NOV 2021)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS. (OCT 2018)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS. (NOV 2015)

52.217-2 CANCELLATION UNDER MULTIYEAR CONTRACTS. (OCT 1997)

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

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

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

52.219-14 LIMITATIONS ON SUBCONTRACTING. (SEP 2021)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (SEP

2021)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (FEB 1997)

52.222-3 CONVICT LABOR. (JUN 2003)

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

52.222-26 EQUAL OPPORTUNITY. (SEP 2016)

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

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT. (DEC 2010)

52.222-41 SERVICE CONTRACT LABOR STANDARDS. (AUG 2018)

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR

STANDARDS - PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS).

(AUG 2018)

52.222-50 COMBATING TRAFFICKING IN PERSONS. (NOV 2021)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (MAY 2022)

52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE

ORDER 14026. (JAN 2022)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706. (JAN 2022)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE

AND CONSTRUCTION CONTRACTS. (SEP 2013)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA.

(FEB 2021) ALTERNATE I (JUL 1995)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. (MAY

2011) ALTERNATE I (MAY 2011)

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

52.223-10 WASTE REDUCTION PROGRAM. (MAY 2011)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE

AND CONSTRUCTION CONTRACTS. (AUG 2018)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING. (JUN 2020)

52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS. (MAY

2011)

52.225-1 BUY AMERICAN - SUPPLIES. (NOV 2021)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (FEB 2021)

52.227-1 AUTHORIZATION AND CONSENT. (JUN 2020)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION. (JAN 1997)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES. (FEB 2013)

52.232-1 PAYMENTS. (APR 1984)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT. (FEB 2002)

52.232-11 EXTRAS. (APR 1984)

52.232-17 INTEREST. (MAY 2014)

52.232-18 AVAILABILITY OF FUNDS. (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS. (MAY 2014)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD

MANAGEMENT. (OCT 2018)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS. (NOV 2021)

52.233-1 DISPUTES. (MAY 2014)

52.233-3 PROTEST AFTER AWARD. (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION. (APR 1984)

52.237-3 CONTINUITY OF SERVICES. (JAN 1991)

52.242-13 BANKRUPTCY. (JUL 1995)

52.243-1 CHANGES - FIXED-PRICE. AS PRESCRIBED IN 43.205(A)(1), INSERT THE

FOLLOWING CLAUSE. THE 30-DAY PERIOD MAY BE VARIED ACCORDING TO

AGENCY PROCEDURES. (AUG 1987) ALTERNATE I (APR 1984)

52.245-1 GOVERNMENT PROPERTY. (SEP 2021)

52.245-9 USE AND CHARGES. (APR 2012)

52.246-25 LIMITATION OF LIABILITY - SERVICES. (FEB 1997)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE).

(APR 2012)

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE). (APR 1984)

52.251-1 GOVERNMENT SUPPLY SOURCES. (APR 2012)

52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES:

1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS.

(AUG 2014)

1852.204-76 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES. (JAN 2011)

1852.215-84 OMBUDSMAN. (NOV 2011)

1852.228-75 MINIMUM INSURANCE COVERAGE. (OCT 1988)

1852.237-70 EMERGENCY EVACUATION PROCEDURES. (DEC 1988)

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

(End of by reference clauses)

I.2 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 contract effective date through end of the contract 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)

I.3 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 for a single item in excess of $100,000;

(2) Any order for a combination of items in excess of $100,000; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(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) above.

(d) Notwithstanding paragraphs (b) and (c) above, 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 5 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)

I.4 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 the 12 months following the contract period of performance end date.

I.5 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 30 days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

(End of clause)

I.6 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 NASA Johnson Space Center and

Langley Research Center Procurement Office 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 Johnson Space Center and Langley Research Center

Procurement Office 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.

I.7 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; and

(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 __________ [insert name of SBA's contractor] shall notify the NASA Johnson

Space Center and Langley Research Center Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock.

(End of clause)

I.8 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (JUN 2020)

(a) Definitions. As used in this clause -

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,”

“disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the

Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, Note: Based on Federal Wage System and Special Production Facilitating Wage Rate Schedules for the Houston, Texas Wage

Area issued 25 October 2022. Fringe Benefits are not included in the monetary wage rates shown above.

FRINGE BENEFITS

Annual Leave - Receives 13 days paid leave for service up to 3 years; 20 days for 3 to 15 years service; and 26 days for 15 years service or over.

Sick Leave - Receives 13 days paid leave per year.

Holidays - Receives 10 paid holidays per year.

Health Insurance - Government pays up to 72% of health insurance.

Group Life Insurance - Government pays one-third of the cost of the basic life insurance premium.

Retirement - The Government provides three retirement plans identified as the Civil Service

Retirement System (CSRS), the Federal Employees Retirement System (FERS), and the CSRS

Offset. Under the CSRS, the Government contributes 7% of the employees' base pay towards the retirement benefit and 1.45% towards Medicare. Under the FERS, the Government contributes 11.2% of the employees' base pay towards a basic benefit plan, 6.2% to Social

Security, 1.45% towards Medicare, and 1% (plus matching contributions of up to 4% of basic pay, depending on employees' contributions) to a thrift savings plan. Under the CSRS Offset, the Government contributes 0.8% of the employees' base pay towards the retirement benefit, 6.2% to Social Security, and 1.45% towards Medicare.

Part-time Federal employees receive pro rata annual leave, sick leave, holiday leave, health insurance, and group life insurance benefits based on the number of hours worked.

Exhibit B represents the applicable Collective Bargaining Agreement(s) (CBA) for employees under this proposed contract. Identify those proposed positions subject to the CBA and correlate them to the CBA position. Note that the successor contractor must pay wages and fringe benefits

(including accrued wages and benefits and prospective increases) at least equal to those specified in the agreement(s).