Langley Logistics Support Services 2 (Amendment 5).docx

B.1 LARC 52.201-90 NAMING/NUMBERING SCHEME FOR CLAUSES IN FULL TEXT AND FOR CLAUSES INCORPORATED BY REFERENCE (MAR 2012) There are various types of clauses contained in the contract. Most clauses will reference a numbered cite such as: Federal Acquisition Regulation (FAR 52.#); NASA FAR Supplement (NFS 1852.#); or Langley Research Center (LaRC 52.#). There are also clauses that have no numbered cite designation. Those clauses were written by LaRC for this specific contract or were written as generic Agency clauses specific for this contract type.

(End of clause)

B.2 SUPPLIES AND/OR SERVICES TO BE PROVIDED

The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver and/or perform the items below in accordance with the Performance Work Statement titled Logistics Support Services 2 (Exhibit A). All documentation requirements must also be met as outlined in Contract Documentation Requirements (Exhibit B).

(End of clause)

B.3 CONTRACT LINE ITEM NUMBERS (CLINs) CLIN X001 (refers to CLINs 0001, 1001, 2001 and 3001) – Sustaining Logistics Support Services: Services shall be performed in accordance with Section C.

CLIN X002 (refers to CLINs 0002, 1002, 2002 and 3002) – Parts and Supplies in Support of CLIN X001: Vehicle repair parts and supplies necessary for preventive maintenance and repair of vehicles and equipment, This is a not-to-exceed CLIN and the contractor shall be reimbursed at actual invoice cost only. Existing inventory of parts and supplies will be provided by the Government.

CLIN 0003 - Indefinite Delivery/Indefinite Quantity (IDIQ) Services: IDIQ services include: Logistics Services required on an irregular or emergency basis identified under CLIN X001, Sustaining Logistic Support Services; Vehicle and equipment repairs the Government determines will be performed off-site and not on-site under CLIN X001; and IDIQ work further defined in the Performance Work Statement. Work performed under this CLIN will be ordered by the Contracting Officer on a Task Order (TO) basis.

B.4 1852.216-78 FIRM FIXED PRICE. (DEC 1988)

The total firm fixed price of this contract is $ [Insert the appropriate amount].

(End of clause)

B.5 LARC 52.216-90 MINIMUM AND MAXIMUM INDEFINITE DELIVERY, INDEFINITE QUANTITY (IDIQ) CONTRACT VALUE (AUG 2021)

There will be no further obligation on the part of the Government beyond the Firm Fixed-Price portion of the contract (CLINS X001 and X002) to issue IDIQ task orders. The total maximum contract value of CLIN 0003 is $3,000,000; for the total potential five-year period of performance. This decision is entirely within the discretion of the Government.

B. 6 PRICING SCHEDULE

BASE PERIOD OF PERFORMANCE

SUSTAINING LOGISTICS SERVICES

Months

$ FFP

$ _ FFP

PARTS AND SUPPLIES IN SUPPORT OF CLIN 0001

Lot

NOT-TO-EXCEED $100,000

BASE PERIOD TOTAL

OPTION PERIOD 1

Months

FFP

$ FFP

PARTS AND SUPPLIES IN SUPPORT OF CLIN 1001

NOT-TO-EXCEED $50,000

OPTION PERIOD 1 TOTAL

OPTION PERIOD 2

Months

$ FFP

PARTS AND SUPPLIES IN SUPPORT OF CLIN 2001

OPTION PERIOD 2 TOTAL

OPTION PERIOD 3

Months

$ FFP

PARTS AND SUPPLIES IN SUPPORT OF CLIN 3001

OPTION PERIOD 3 TOTAL

ITEM NO.

DESCRIPTION OF SERVICES

QTY

UNIT

UNIT PRICE

TASK ORDER/IDIQ SUPPORT –

Indefinite Delivery, Indefinite Quantity (IDIQ) services and supplies in accordance with the PWS and priced in accordance with Pricing schedule in section B.

*Note: As options are exercised, CLIN 0003 IDIQ remaining contract value will roll over to the next period.

$3,000,000 Total Maximum Value over the term of the contract (Base plus Option Periods)

SUM OF TOTAL AMOUNTS (BASE PLUS OPTION PERIODS)

Including Total FFP amount for: Core Services (CLIN X001), Not To Exceed (CLIN X002), and Total Maximum IDIQ Value (CLIN 0003)

TOTAL EVALUATED PRICE (TEP) – BASE PLUS OPTION PERIODS (Excluding IDIQ CLIN 0003 amount)

C.1 SPECIFICATIONS/STATEMENT OF WORK

The Contractor shall provide the services specified in Section B in accordance with Exhibit A, Performance Work Statement and Exhibit B, Contract Documentation Requirements.

(End of Section C)

Clauses incorporated by reference:

NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES:

(End of by reference clauses)

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 Langley Research Center 4 South Marvin Street (Building 1206) Hampton, Virginia 23681-2199

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

(End of Section D)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1):

E.1 1852.246-71 GOVERNMENT CONTRACT QUALITY ASSURANCE FUNCTIONS. (OCT 1988)

In accordance with the inspection clause of this contract, the Government intends to conduct period surveillance of services, both on and off-site, provided the Contractor to ensure conformance to the Performance Standards in Exhibit I to this contract and Task Order deliverables. Surveillance by the Government will be in accordance with the Government’s Quality Assurance Surveillance Plan (QASP), and may be conducted by a Government Representative other than the COR or CO.

(End of Section E)

F.1 LARC 52.217-96 PERIOD OF PERFORMANCE WITH OPTIONS (JUN 2022)

Period of Performance

F.2 PLACE OF PERFORMANCE - SERVICES

The services to be performed under this contract shall be performed at the following location(s): NASA Langley Research Center, Hampton, VA, 23681; Other near site locations as specified in the PWS, and locations as designated in individual Task Orders.

(End of Section F)

G.1 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)

(D) 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.

(End of clause)

G.2 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;

LAPD 4220.1 M, Standards for Office Furniture and Furnishings;

LMS-CP 2712, Government Property Loans to Center Employees (Civil Servants and On- Site Contractors);

LMS-CP 2737, Incoming: Property Loans;

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 Exhibit E - 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: NASA Langley Research Center, Building 1206.

(8)

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

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

(11) Building maintenance for facilities occupied by Contractor personnel.

(12) 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.3 1852.245-76 LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO FAR 52.245-1. (JAN 2011)

For performance of work under this contract, the Government will make available Government property identified below in Section J 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, Building 1206, 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.

(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.

(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.

G.5 LARC 52.213-90 ORDERS USING GOVERNMENT PURCHASE CARD (P CARD) (JUN 2022) (APPLICABLE TO CLIN 0003 ONLY)

a) The Contractor shall accept firm-fixed priced orders placed by authorized Government Purchase Card (P-Card) users for services under $10,000 (or other limits based on changes to P- Card purchase limitations set forth in FAR Part 2 Micro-purchase threshold definition). The Government P-Card is a purchasing instrument issued through a commercial bank to a Government Agency to facilitate micro purchases. In general all P-Card orders will be issued by the Contracting Officer's Representative (COR). If orders are placed by other than the COR or for more than the stated limits, the Contractor shall obtain authorization (Technical Direction) from the COR or CO prior to accepting the order.

b) The Contractor shall accept and perform only those services within the scope of the contract. In addition, the Contractor shall obtain all Government approvals (e.g., safety, environmental, health) required. Use of P-Card by Government personnel does not alter the requirements or the terms and conditions of this contract.

c) The Contractor shall utilize rates established in for the pricing of services and supplies when Government personnel are ordering work directly via the Government P-Card. Any request for work that cannot be priced in accordance with established rates requires advance approval of the Contracting Officer. The Contractor is responsible for tracking and reporting P-Card orders (See Exhibit B, Contract Documentation Requirements, for reporting requirements).

d) The Government P-Card shall be billed by the Contractor when the work is completed and accepted by the customer.

(End of Section G)

H.1 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 [insert name of NASA installation], where the foreign person will have access to export-controlled technical data or software.

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

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

(End of clause)

H.2 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT). (MAR 1989)

(a) Of the total price of items CLIN X001, the sum of $ is presently available for payment and allotted to this contract. It is anticipated that from time to time additional funds will be allocated to the contract in accordance with the following schedule, until the total price of said items is allotted:

(b) The Contractor agrees to perform or have performed work on the items specified in paragraph (a) of this clause up to the point at which, if this contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause would, in the exercise of reasonable judgment by the Contractor, approximate the total amount at the time allotted to the contract. The Contractor is not obligated to continue performance of the work beyond that point. The Government is not obligated in any event to pay or reimburse the Contractor more than the amount from time to time allotted to the contract, anything to the contrary in the Termination for Convenience of the Government clause notwithstanding.

(c) (1) It is contemplated that funds presently allotted to this contract will cover the work to be performed until .

(2) If funds allotted are considered by the Contractor to be inadequate to cover the work to be performed until that date, or an agreed date substituted for it, the Contractor shall notify the Contracting Officer in writing when within the next 60 days the work will reach a point at which, if the contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause will approximate 75 percent of the total amount then allotted to the contract.

(3) (i) The notice shall state the estimated date when the point referred to in paragraph (c)(2) of this clause will be reached and the estimated amount of additional funds required to continue performance to the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it.

(ii) The Contractor shall, 60 days in advance of the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it, advise the Contracting Officer in writing as to the estimated amount of additional funds required for the timely performance of the contract for a further period as may be specified in the contract or otherwise agreed to by the parties.

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

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

(e)

(f) 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.

(g) 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.

(h) 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.

(i) 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.

(End of clause)

H.3 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.

Key Personnel: Logistics Project Manager

H.4 LARC 52.204-91 SECURITY PROGRAM/FOREIGN NATIONAL EMPLOYEE ACCESS REQUIREMENTS (JUN 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 comply with current versions of the following:

NPR 1600.1, NASA Security Program Procedural Requirements NPD 1600.9, NASA Insider Threat Program NPD 1600.3, Policy on Prevention of and Response to Workplace Violence NPR 1600.3, Personnel Security

NPR 1600.4, Identity and Credential Management.

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. NASA credentials will be issued in accordance with NPR 1600.4A, 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.

6.) Credentials will be issued at the following locations: Langley Badge and Pass Office or other NASA Center as coordinated and approved by the Protective Services Office.

7) Requirements for Physical and Logical Access for Foreign Nationals:

a) Physical and logical access to the NASA Langley Research Center (LaRC) by foreign nationals shall be approved in accordance with NPR 1600.4. Chapter 4, “Identity and Credential Management” and the NASA Foreign National Access Management Operations Manual (May 2016), which can be found at NASA Foreign National Access Management Operations Manual (May 2016).

b) Center access approval requires a minimum of 5 (five) working days advance notice. Designated country nationals require a minimum of 30 (thirty) working days advance notice because of additional approval requirements. Information on Designated Countries is available at: https://oiir.hq.nasa.gov/nasaecp/docs/DCList_10-24-2018.pdf.

c) Foreign nationals shall be escorted at all times while on Center by a NASA Civil Servant or permanently badged contractor who has completed the required escort training unless otherwise approved by the Center Chief of Protective Services. In exceptional cases as required by NASA Mission requirements, a waiver to the escort requirement may be granted by the Center Chief of Protective Services.

d) Foreign Nationals must request and obtain prior approval from Joint Base Langley-Eustis prior to entering Joint Base Langley-Eustis through the NASA LARC Protective Services Office International Visits Coordinator. Access is subject to conditions imposed by Joint Base Langley- Eustis and may require a U.S. citizen escort at all times. Information is available at: https://lms.larc.nasa.gov/admin/documents/LF295_1.1.pdf. Note: Links to documents and forms accessed require the document/form to be downloaded/saved and then opened in Adobe acrobat to access the form's content. Document requires Adobe 8 or higher.

8) Requirements for Physical and Logical Access for LPRs:

9)

a) Visit requests shall be submitted directly to the Badge and Pass Office (BPO) using an LF-103 NASA Langley Research Center Protective Services Office (PSO) U.S. Citizen Visitor Badge Request Form. LPRs may be sponsored for Center access by permanently badged contractor employees or NASA civil servants. Contractor LPRs shall be sponsored by the employing contractor. All LPRs must confirm their status by providing their ORIGINAL State Department Documentation (Green Card). (Copies, facsimiles, or photographs of the State Department Documentation will NOT be accepted).

b) LPRs who will be at LaRC in excess of 29 days will be processed through IdMAX.

c) LPRs who will be at LaRC in excess of 179 days will be processed for PIV credentials that will remain valid for 5 years.

d) The Contractor is responsible for ensuring credentials issued to LPRs sponsored by the Contractor are returned when the LPR no longer requires access to NASA LaRC under the contract or no longer works for the Contractor.

e) LPRs on a work related, "need-to-know” basis are allowed access to export-controlled commodities. It is incumbent on the Government Branch Head or Program Manager to determine who should have access to export-controlled information. The Protective Services Office, the Office of Chief Counsel, and the Center Export Administrator are available for guidance to the Government Branch Head or Program Manager.

f) LPRs are permitted to carry personal mobile devices on Center. Personal mobile devices are not be used to record, store, or process NASA data and are not to be used to take photographs within NASA facilities.

g) LPRs must request and obtain prior approval from Joint Base Langley-Eustis prior to entering Joint Base Langley-Eustis. Access is subject to conditions imposed by Joint Base Langley-Eustis and may require a U.S. citizen escort at all times. Information is available at: https://lms.larc.nasa.gov/admin/documents/LF295_1.1.pdf. Note: Links to documents and forms require the document/form to be downloaded/saved and then opened in Adobe acrobat to access the form's content. Document requires Adobe 8 or higher.

10) Violation of security policies by personnel may result in withdrawal of Center access for the offending personnel and/or contractual actions against the Contractor and possible criminal prosecution for violation of export control laws and laws regarding access to Government facilities.

(End of clause) H.5 LARC 52.204-92 REQUIREMENTS FOR ACCESS TO NASA LANGLEY RESEARCH CENTER (AUG 2021)

(a) Visitors seeking entry to NASA Langley Research Center using a state-issued driver’s license or state-issued personal identification card are advised that identification documents must be compliant with the REAL ID Act of 2005, Public Law 109-13. Information on the REAL ID Act (b) of 2005, Public Law 109-13 requirements can be found at: http://www.dhs.gov/real-id-public- faqs. Questions concerning REAL ID can be forwarded to the NASA Langley Badge and Pass Office via email at LaRC-RealId@mail.nasa.gov

(c) A state-issued ID that is non-compliant with the REAL ID standards cannot be used for access to the Center.

(d) The following alternate forms of identification are accepted for NASA LaRC access:

(1) Federal employee badges,

(2) Passports,

(3) Military identification cards,

(4) Enhanced Driver’s Licenses,

(5) U.S. Coast Guard Merchant Mariner Card,

(6) Native American tribal document,

(7) School identification accompanied by an item from List C.

(e) Visitors without acceptable identity documents require specific authorization from the Center Chief of Protective Services and escort by permanently badged NASA employees or permanently badged contractor employees at all times while present on the NASA Langley Research Center.

(End of clause)

H.6 LARC 52.204-106 ANNUAL CYBERSECURITY TRAINING REQUIREMENTS (SEP 2021)

In accordance with NFS 1852.204-76, Security Requirements for Unclassified Information Technology Resources, all Contractor personnel requiring physical or logical access to NASA IT resources must complete NASA’s annual on-line Cybersecurity Awareness training by the date the NASA LaRC Office of the Chief Information Officer (OCIO) specifies each year.

(End of clause) H.7 LARC 52.211-104 OBSERVATION OF REGULATIONS AND IDENTIFICATION OF CONTRACTOR'S EMPLOYEES (AUG 2021)

a) The Contractor shall require its employees to observe and obey all rules and regulations as prescribed by the authorities at LaRC and other installations including all applicable Federal, NASA, and Langley safety, health, environmental and security regulations.

b) At all times while on NASA property, the Contractor shall require its employees, subcontractors, and agents to display a valid NASA issued identification badge. Contractors shall be held accountable for these identification badges, and may be required to validate its active employees on an annual basis with the NASA LaRC Protective Services Office.

c) When authorization to possess an Identification Badge no longer exists (e.g., upon termination of employment or expiration of contract):

(1) The Contractor shall submit a checkout request for the departing Contractor Employee(s) at https://checkout.arc.nasa.gov, prior to notifying the Contractor Employee of the employment termination or contract expiration, unless a security threat exists (See Item 2 Below) in which case the checkout may occur immediately following termination;

(2) If the terminated Employee is considered a security threat, the Contractor shall immediately notify the NASA LaRC Protective Services Office and LaRC Chief Information Officer, and submit NAMS closures for AGCY0012 Basic Active Directory Account and all Center or (3)

Agency VPN, to suspend the user’s physical and logical access to the Center. Center Protective Services Personnel will escort the contractor employee off Center premises immediately;

(4) The departing Contractor Employee shall surrender the NASA RSA token, NASA Smartcard, Agency Smart Badge, Government-Provided Equipment, and facility keys to the respective Contractor Supervisor;

(5) The Contractor shall ensure all Contractor employees exit the NASA Langley Research Center premises within one (1) hour of termination of employment or at the end of a contractor employee’s standard work day upon contract expiration;

(6) The Contractor shall return Contractor employee(s) NASA Identification Badges, Government-Provided equipment, and facility keys to the NASA LaRC Badge and Pass Office and Government-Equipment Points of Contact within two business days of employment termination or contract expiration.

d) All NASA identification badges and facility keys remain the property of NASA and the Government reserves the right to invalidate such badges at any time. In this event, the facility keys should be returned immediately with the invalidated badges to the NASA LaRC Badge and Pass Office.

(End of clause)

H.8 LARC 52.215-116 ENABLING CLAUSE BETWEEN LANGLEY CONTRACTORS (MAR 2012)

a) NASA has entered into a contract with the firms listed below for other support services at Langley Research Center.

JACOBS TECHNOLOGY INC.

CENTER MAINTENANCE, OPERATIONS AND ENGINEERING (CMOE)

HERNDON SOLUTIONS GROUP (HSG), LLC

ENVIRONMENTAL SUPPORT SERVICES

GENERAL SERVICES ADMINISTRATION, ARMY CORPS OF ENGINEERS AND OTHER CONSTRUCTION CONTRACTORS

CONSTRUCTION OF FACILITIES

CONTRACTS AND INTERAGENCY AGREEMENTS

*Contractor names and titles of services are subject to change based on written notice by the Contracting Officer.

b) In the performance of this contract, the contractor agrees to cooperate with the above listed contractors, or follow-on contractors by: responding to invitations from authorized personnel to attend meetings; providing access to technical information and research, development and planning data, test data and results, schedule and milestone data; limited financial data including estimates, all in original form or reproduced, discussing/coordinating matters related to projects;

c) providing access to Contractor facilities utilized in the performance of this contract; and allowing observation of technical activities by appropriate support Contractor technical personnel.

d) The Contractor shall flow down this clause in all subcontracts over $1 million or 10 percent of prime contract value, whichever is less.

(End of clause) H.9 LARC 52.223-92 CONTRACTOR EMPLOYEES' PARTICIPATION IN SAFETY & HEALTH AWARENESS EVENTS (JUN 2016) Langley Research Center (LaRC) safety and health awareness activities (e.g. training, safety events) are designed to develop an effective safety culture and to foster an environment of sharing best practices within the LaRC community of civil service and contractor employees. The Contractor shall participate in these activities when the LaRC Center Director and/or Safety and Mission Assurance Office (SMAO) Director designates particular safety and health training awareness activity(ies) as essential. The contractor shall ensure maximum participation of its employees and its subcontractor employees that perform duties on the Center, which includes on- site and near-site employees. For planning purposes, the contractor can expect to participate annually in approximately 2-4 events that could total approximately 6 work hours a calendar year.

(End of clause)

H.10 LARC 52.223-93 REPORTING OF INVOLUNTARY SEPARATIONS AND INCIDENTS INVOLVING WORKPLACE VIOLENCE (AUG 2021)

1) Definition Workplace Violence: Acts of violence, threats, harassment, intimidation, and other hostile or disruptive behavior. Such behaviors include oral or written statements, gestures, or expressions that communicate a direct or indirect threat of physical harm or imminent violence, violent and provoking language, or displays of rage.

2) Requirements

a) The Contractor and its employees shall comply with LAPD 1600.5, Workplace Violence and Threatening Behavior. The Contractor shall conduct training on and develop procedures for recognizing, managing, and responding to incidents and threats of workplace violence as defined in LAPD 1600.5.

b) In accordance with LAPD 1600.5, if the LaRC Workplace Violence and Prevention Program (WVPP) Threat Assessment Team determines it is appropriate for the Contractor to participate in a WVPP Threat Assessment Team meeting, the Contractor shall comply with the request. The Contractor shall report the disposition of any incidents to the LaRC WVPP Threat Assessment Team.

c) The Contractor shall consider any personnel action resulting in the involuntary separation of a Contractor employee as a "potential violent situation" and follow the reporting procedures in LAPD 1600.5.

d) The Contractor shall report any such behavior either observed or experienced on LaRC premises immediately to the Center Chief of Protective Services. The Contractor shall also notify the Contracting Officer and the Contracting Officer’s Representative. All reports of incidents e) will be taken seriously and will be dealt with immediately and appropriately in accordance with LAPD 1600.5.

f) The Contractor shall include these requirements in all subcontracts; however, the Subcontractors shall provide reports through the prime Contractor.

(End of clause)

H.11 LARC 52.223-94 LARC ENVIRONMENTAL MANAGEMENT (JUN 2022)

a) Located in the ecologically sensitive Chesapeake Bay watershed, Langley Research Center (LaRC) is committed to fulfilling its mission in a manner that promotes environmental stewardship, sustainability, and continual improvement while mitigating environmentally driven mission risks. LaRC expects its contractors to support LaRC in fulfilling this commitment.

b) The Contractor shall ensure that all onsite activities performed and equipment used to fulfill the requirements of the contract are in compliance with all local, state, and federal environmental laws and regulations as well as all Executive Orders, all NASA Policy Directives (NPDs), all NASA Procedural Requirements (NPRs), all Langley Policy Directives (LaPDs), and all Langley Procedural Requirements (LPRs) pertaining to environmental regulation and management. The NASA and LaRC regulatory authorities include, but are not limited to, the most recent versions of the following:

NPD 8500.1, NASA Environmental Management NPR 8553.1, NASA Environmental Management System NPR 8570.1, NASA Energy Management Program NPR 8530.1, NASA Sustainable Acquisition LAPD 8500.1, LaRC Environmental and Energy Management LPR 8500.1, Environmental and Energy Program Manual

c) Contractor support of LaRC’s Environmental Management System (EMS), pursuant to NPR 8553.1 and LPR 8500.1, includes conducting operations in accordance with the requirements in NPR 8553.1 and LPR 8500.1, responding to information requests from LaRC environmental officials, and attendance at EMS team meetings when invited (up to 2 one-hour meetings a year).

d) The Government is the operator of record for all environmental activities conducted at LaRC. Depending on location, the facilities and land are under exclusive or concurrent Federal jurisdiction. LaRC’s Environmental Management Office (EMO) is the single point of contact with federal, state, or local regulatory agencies and their representatives unless otherwise directed by the Contracting Officer. All onsite Contractor activities and personnel are subject to environmental compliance reviews, investigations, inspections, or similar inquiries which may be conducted by federal, state, or local regulatory agencies or LaRC EMO. The Contractor shall immediately notify LaRC EMO (LaRC-DL-Environmental-Staff@mail.nasa.gov) and the Contracting Officer when contacted by external regulatory agency representatives and shall cooperate fully with LaRC EMO in responding to regulatory agency representatives. The Contractor shall complete, maintain, and make available to the Contracting Officer and LaRC EMO, all documentation relating to environmental compliance required by law or regulation. As directed by the Contracting Officer, the Contractor shall make such documentation available to personnel of regulatory agencies. If a Notice of Violation, Notice of Noncompliance, Notice of Deficiency, or similar notice is received by the Contractor or one of its subcontractors in the e) performance of work under this contract, the Contractor shall immediately notify the Contracting Officer or the Contracting Officer’s Representative. The Contractor shall fully cooperate with LaRC in correcting any problems giving rise to any such notices and shall fully cooperate with LaRC personnel in their efforts to resolve any violations so that regulatory assessments of civil fines or penalties are minimized or avoided.

(End of clause)

H.12 LARC 52.229-92 VIRGINIA AND LOCAL SALES TAXES (MAR 2012)

To perform this contract, the Contractor must be knowledgeable of relevant state and local taxes when making purchases of tangible personal property. The Contractor shall refrain from paying inapplicable taxes or taxes where an exemption exists, but shall pay applicable taxes that are allowable pursuant to FAR 31.205-41, Taxes. Even though title to property purchased under this contract may pass to the Government and the price is reimbursable under contract cost principles, such transactions do not in themselves provide tax immunity to the Contractor.

Therefore, within 30 days after the effective date of this contract, the Contractor shall request from the Virginia State Tax Commission a ruling on any tax exemptions that may be…