80LARC24R0011 - Sections B-M Rev 2.pdf

80LARC24R0011

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1

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 or task orders as furnished by the Government) necessary to deliver and/or perform the services in accordance with the Statement of Work (SOW) incorporated in

Section J as Exhibit A and in accordance with task orders issued in accordance with I.10.

B.3. LARC 52.216-90 MINIMUM AND MAXIMUM INDEFINITE DELIVERY,

INDEFINITE QUANTITY (IDIQ) CONTRACT VALUE. (AUG 2021)

The Government will order through the issuance of task orders a minimum quantity of work of

$100,000 under this contract. The minimum value will be owed to the Contractor at the end of the period of performance if no work is issued, or if issued work is less than the minimum value.

There will be no further obligation on the part of the Government to issue additional task orders thereafter. The total maximum contract value is $99,750,000 for the 5-year period of performance.

B.4. 1852.216-74 ESTIMATED COST AND FIXED FEE (DEC 1991)

The estimated cost of this contract is the sum of the estimated costs set forth for individual task orders issued by the Government pursuant to I.10, Task Ordering Procedure, exclusive of the fixed fee. The total estimated cost and fixed fee is the sum of the estimated costs and fixed fee set forth for individual task orders issued by the Government pursuant to I.10, Task Ordering

Procedure. Travel and ODCs shall not be fee-bearing.

B-2

B.5. 1852.232-81 CONTRACT FUNDING. (JUN 1990)

(a) For purposes of payment of cost, exclusive of fee, in accordance with FAR 52.232-22, Limitation of Funds (APR 1984), the total amount allotted by the Government to this contract is the amount set forth in the individual task orders. This allotment is for the performance of work in accordance with the limitations and completion dates as set forth in task orders authorized by the Contracting Officer and covers the following estimated period of performance: As detailed in awarded task orders.

(b) An additional amount is obligated under this contract for payment of fee.

B.6. LEVEL OF EFFORT - COST-REIMBURSEMENT CONTRACT (AUG 2024 )

(a) The Contractor shall perform all work and provide all required reports within the level of effort ordered. The Government's best estimate of the level of effort to fulfill these requirements is [TBD in Task Order] direct labor hours for the task order period and is provided for advisory and estimating purposes. The Government is only obligated to pay for direct labor hours ordered and corresponding fixed fee for labor hours completed.

(b) Direct labor includes personnel such as subject matter experts, study managers, data task integrators, and cost analysts, and not support personnel such as company management or word processing/accounting personnel even though such support personnel are normally treated as direct labor by the Contractor. The level of effort specified in paragraph (a) of this section includes Contractor, subcontractor, and consultant non-support labor hours.

(c) If the Contractor provides less than 95 percent of the level of effort specified, an equitable downward adjustment of the fixed fee, if any, will be made. The downward adjustment will reduce the fixed fee by the percentage by which the total expended level of effort is less than

100% of that specified in paragraph (a). For instance, if a hypothetical level of effort of 100,000 hours is being reduced to 70,000, the fixed fee shall also be reduced by the same 30%. Using a corresponding hypothetical fixed fee pool of $300,000, the reduced fixed-fee amount is calculated as: $300,000 × (70,000 hours/100,000 hours) = $210,000.

(d) The Government may require the Contractor to provide additional effort up to 105 percent of the level of effort for the task order period until the estimated cost for the task order period has been reached. However, this additional effort shall not result in any increase in the fixed fee, if any.

(e) These terms and conditions do not supersede the requirements of either the FAR 52.232-20

Limitation of Cost (APR 1994) or FAR 52.232-22 Limitation of Funds (APR 1984) clauses.

B-3

[END OF SECTION]

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1

C.1 LARC 52.211-97 DESCRIPTION/SPECIFICATION/STATEMENT OF WORK (JUN

2023)

The Contractor shall provide the item or services specified in Section B in accordance with

Exhibit A: Statement of Work (SOW), Attachment L-1: Historical Task Orders (provided for informational purposes only) L-2: Cost Forms L-3: Communications Blackout Notice and L-4:

SF 1408 - Preaward Survey of Prospective Contractor Accounting System. The Contractor shall also be responsible to deliver the documents contained within Section J, Exhibit B, Contract

Documentation Requirements.

SECTION D - PACKAGING AND MARKING

D-1

RESERVED

SECTION E - INSPECTION AND ACCEPTANCE

E-1

E.1 CLAUSES INCORPORATED BY REFERENCE

FAR CLAUSE

NUMBER

FAR CLAUSE TITLE

52.246-5 INSPECTION OF SERVICES - COST-REIMBURSEMENT

(APR 1984)

SECTION F - DELIVERIES OR PERFORMANCE

F-1

F.1 CLAUSES INCORPORATED BY REFERENCE:

FAR CLAUSE

NUMBER

FAR CLAUSE TITLE

52.242-15 STOP-WORK ORDER (AUG 1989) – ALTERNATE I (APR 1984)

52.247-34 F.O.B. DESTINATION (JAN 1991)

(End of by reference clauses)

F.2 PERIOD OF PERFORMANCE

(a) The period of performance of this contract is October 1, 2025 through September 30, 2030.

(End of clause)

F.3 PLACE OF PERFORMANCE - SERVICES

The services to be performed under this contract shall be performed at the following location(s):

the Contractor's facility, subcontractor facilities, and other sSites as specified by each task order.

SECTION G - CONTRACT ADMINISTRATION DATA

G-1

G.1 CLAUSES INCORPORATED BY REFERENCE:

NFS CLAUSE

NUMBER

NFS CLAUSE TITLE

1852.216-75 PAYMENT OF FIXED FEE (DEC 1988)

1852.227-72 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND

PATENT REPRESENTATIVE (APR 2015)

1852.242-71 TRAVEL OUTSIDE OF THE UNITED STATES (DEC 1988)

1852.242-73 NASA CONTRACTOR FINANCIAL MANAGEMENT

REPORTING (NOV 2004)

1852.245-70 CONTRACTOR REQUESTS FOR GOVERNMENT-

FURNISHED PROPERTY (AUG 2015)

1852.245-75 PROPERTY MANAGEMENT CHANGES (JAN 2011)

(End of by reference clauses)

G.2 1852.245-73 FINANCIAL REPORTING OF NASA PROPERTY IN THE CUSTODY

OF CONTRACTORS (JAN 2017)

(a) The Contractor shall submit annually a NASA Form (NF) 1018, NASA Property in the

Custody of Contractors, in accordance with this clause, the instructions on the form and NFS subpart 1845.71, and any supplemental instructions for the current reporting period issued by

NASA.

(b)

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

(2) The Contractor shall mail the original signed NF 1018 directly to the cognizant

NASA Center Industrial Property Officer and a copy to the cognizant NASA Center Deputy

Chief Financial Officer, Finance, unless the Contractor uses the NF 1018 Electronic Submission

System (NESS) for report preparation and submission.

(3) One copy shall be submitted (through the Department of Defense (DOD) Property

Administrator if contract administration has been delegated to DOD) to the following address:

[Insert name and address of appropriate NASA Center office.], unless the Contractor uses the NF

1018 Electronic Submission System (NESS) for report preparation and submission.

(c) https://www.acquisition.gov/nfs/subpart-1845.71%E2%80%94forms-preparation#Subpart_1845_71_T48_60422386

G-2

(1) The annual reporting period shall be from October 1 of each year through September

30 of the following year. The report shall be submitted in time to be received by October 31st.

The information contained in these reports is entered into the NASA accounting system to reflect current asset values for agency financial statement purposes. Therefore, it is essential that required reports be received no later than October 31st.

(2) Some activity may be estimated for the month in which the report is submitted, if necessary, to ensure the NF 1018 is received when due. However, contractors' procedures must document the process for developing these estimates based on planned activity such as planned purchases or NASA Form 533 (NF 533) Contractor Financial Management Report cost estimates. It should be supported and documented by historical experience or other corroborating evidence, and be retained in accordance with FAR Subpart 4.7, Contractor Records Retention.

Contractors shall validate the reasonableness of the estimates and associated methodology by comparing them to the actual activity once that data is available and adjust them accordingly. In addition, differences between the estimated cost and actual cost must be adjusted during the next reporting period. Contractors shall have formal policies and procedures, which address the validation of NF 1018 data, including data from subcontractors, and the identification and timely reporting of errors. The objective of this validation is to ensure that information reported is accurate and in compliance with the NASA FAR Supplement. If errors are discovered on NF

1018 after submission, the contractor shall contact the cognizant NASA Center Industrial

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

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

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

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

(1) through (3) of this clause.

https://www.acquisition.gov/nfs/subpart-1845.71%E2%80%94forms-preparation#Subpart_1845_71_T48_60422386

G-3

G.3 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:

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

G-4

G.4 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.

https://www.nssc.nasa.gov/vendorpayment

G-5

(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.

https://www.nssc.nasa.gov/vendorpayment

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1

H.1 CLAUSES INCORPORATED BY REFERENCE:

NFS CLAUSE

NUMBER

NFS CLAUSE TITLE

1852.208-81 RESTRICTIONS ON PRINTING AND DUPLICATING (NOV 2004)

1852.223-72 SAFETY AND HEALTH (SHORT FORM) (JUL 2015)

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

1852.235-73 FINAL SCIENTIFIC AND TECHNICAL REPORTS (DEC 2006) -

ALTERNATE II (DEC 2005)

1852.244-70 GEOGRAPHIC PARTICIPATION IN THE AEROSPACE

PROGRAM (APR 1985)

(End of by reference clauses)

H.2 NFS 1852.209-71 LIMITATION OF FUTURE CONTRACTING (DEC 1988)

(MODIFIED SEP 2024)

(a) The Contracting Officer has determined that this acquisition may give rise to a potential organizational conflict of interest. Accordingly, the attention of prospective offerors is invited to FAR Subpart 9.5 - Organizational and Consultant Conflicts of Interest.

(b) The nature of this conflict is that, during the performance of this contract, the Contractor will unavoidably encounter Conflicts of Interest in the form of conflicting roles that have the potential to bias the Contractor's judgment, such as:

(1) the evaluation or assessment of the work product of the Contractor or of the

Contractor’s competitors,

(1) performance of a proposal/Concept Study Report (CSR) evaluation, assessment, or study, the results of which could potentially impact the Contractor’s interests and those of its funders;,

(2) performance on any work arising from, or related to, any proposal/CSR evaluation, assessment, or study on which it performed these services, except as required in performance of this contract; and

(3) access to proprietary information or data of other Contractors and/or Government sensitive, nonpublic information or data, which information or data may provide the

Contractor with an unfair competitive advantage. For the purpose of this clause, the term Contractor includes the Contractor’s business units and divisions, as well as the Contractor’s parent company, subsidiaries, affiliates, and successors (as applicable). For the purpose of this contract, “sensitive” information is defined in

H-2 the Access to Sensitive Information clause of this contract.

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

(1) The Contractor shall not:

(i) participate in any capacity, in support of an offeror/potential proposer, in a solicitation for which it provides or will provide evaluative services under this contract, projected to include all Science Mission Directorate

Announcements of Opportunity (AO); or

(ii) perform any work for the baseline or threshold investigation, as defined at selection/down-selection of the associated proposal/CSR, directly arising from, or directly related to, any proposal/CSR evaluation or assessment, which the Contractor performed under this contract. This restriction shall remain in effect for a reasonable time after the Contractor’s performance under this contract has ended, as agreed to by the Contracting Officer and the Contractor, sufficient to avoid unfair competitive advantage or potential bias. This time shall in no case be less than the duration of the contract plus one year, of any contract arising directly from a proposal/CSR evaluation, or an existing contract for a project subject to an assessment on which the

Contractor performed these services.

(2) To the extent that the work under this contract requires access to proprietary, sensitive, business confidential, or financial data of other companies, and as long as these data remain proprietary, sensitive, or confidential, the Contractor shall protect these data from unauthorized use and disclosure and agrees not to use the data for any other purpose, including, but not limited to, competing for future work.

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

H.3 NFS 1852.225-70 EXPORT LICENSES (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR parts 120-130, 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.

H-3

(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 the NASA installation(s) identified in the Task Order(s) (as applicable), 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.4 NFS 1852.235-74 ADDITIONAL REPORTS OF WORK—RESEARCH AND

DEVELOPMENT (FEB 2003)

In addition to the final report required under this contract, the Contractor shall submit the following report(s) to the Contracting Officer:

(a) Monthly progress reports. The Contractor shall submit separate monthly reports of all work accomplished during each month of contract performance. Reports shall be in narrative form, brief, and informal. They shall include a quantitative description of progress, an indication of any current problems that may impede performance, proposed corrective action, and a discussion of the work to be performed during the next monthly reporting period.

(b) Additional reports as required by individual task orders.

(c) Submission dates. Monthly reports shall be submitted by the 15th day of the month following the month being reported. If the contract is awarded beyond the middle of a month, then the first monthly report shall cover the period from award until the end of the following month.

(End of clause)

H.5 LARC 52.204-91 SECURITY PROGRAM/FOREIGN NATIONAL EMPLOYEE

ACCESS REQUIREMENTS (JUN 2024)

a) 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

H-4 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.

b) The Contractor shall adhere to the 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.

c) 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

H-5 and guidance related to the protection of CNSI by complying with NPR 1600.2, NASA Classified

National Security Information (current version).

d) 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)).

e) 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.

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

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

1. 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).

2. Center access approval requires a minimum of 10 (ten) 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.

3. 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 NASA Foreign National Escort

Training module in SATERN and has the Foreign National Escort role in NAMS 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.

4. 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 https://nasa.sharepoint.com/sites/ops/SiteAssets/Forms/AllItems.aspx?id=%2Fsites%2Fops%2FSiteAssets%2FSitePages%2FForeign%2DNational%2DAccess%2FFNAM%5FOperationsManual%5FTAGGED%2Epdf&parent=%2Fsites%2Fops%2FSiteAssets%2FSitePages%2FForeign%2DNational%2DAccess https://nasa.sharepoint.com/sites/ops/SiteAssets/Forms/AllItems.aspx?id=%2Fsites%2Fops%2FSiteAssets%2FSitePages%2FForeign%2DNational%2DAccess%2FFNAM%5FOperationsManual%5FTAGGED%2Epdf&parent=%2Fsites%2Fops%2FSiteAssets%2FSitePages%2FForeign%2DNational%2DAccess https://oiir.hq.nasa.gov/nasaecp/docs/DCList_10-24-2018.pdf https://lms.larc.nasa.gov/admin/documents/LF295_1.1.pdf

H-6 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.

h) Requirements for Physical and Logical Access for LPRs:

1. Visit requests shall be submitted directly to the Badge and Pass Office (BPO) through the

Enterprise Visitor Access Management System (EVAMS). 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 valid State Department Documentation (Permanent Resident Card/in a 365-day period Green Card). (Copies, facsimiles, or photographs of the State Department Documentation will NOT be accepted).

2. LPRs who will be at LaRC in excess of 29 days in a 365-day period will be processed through

IdMAX. Additionally, LPRs who require physical access (electronic reader capabilities), or logical access will be processed through IdMAX.

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

4. 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.

5. 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.

6. 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.

7. 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.

i) 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.

mailto:LaRC-New-Technology@mail.nasa.gov#myvisitor/list/1 https://lms.larc.nasa.gov/admin/documents/LF295_1.1.pdf

H-7

H.6 LARC 52.204-92 REQUIREMENTS FOR ACCESS TO NASA LANGLEY

RESEARCH CENTER (MAY 2023)

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 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

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

c) 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.

d) 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.7 LARC 52.204-106 ANNUAL CYBERSECURITY TRAINING REQUIREMENTS

(MAY 2023)

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 shall complete NASA’s annual on-line Cybersecurity and Privacy Awareness Training in SATERN by the date the NASA LaRC Office of the Chief Information Officer (OCIO) specifies each year.

http://www.dhs.gov/real-id-public-faqs http://www.dhs.gov/real-id-public-faqs https://visitor.nasa.gov/splan-ui/

H-8

H.8 LARC 52.211-104 OBSERVATION OF REGULATIONS AND IDENTIFICATION OF

CONTRACTOR'S EMPLOYEES (MAY 2023)

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

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;

3. 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;

4. 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 workday upon contract expiration;

5. 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 https://checkout.arc.nasa.gov/

H-9 keys should be returned immediately with the invalidated badges to the NASA LaRC Badge and

Pass Office.

(End of clause)

H.9 LARC 52.227-96 ORGANIZATIONAL AND PERSONAL CONFLICTS OF

INTEREST (JUN 2024) (MODIFIED SEP 2024)

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

(b) In general during the performance of this contract, the Contractor may encounter OCIs in the form of conflicting roles that might bias the Contractor's judgment, such as:

(1) The evaluation or assessment of the work product of the Contractor or of the

Contractor’s competitors,;

(2) Performance of a proposal/Concept Study Report (CSR) evaluation, assessment, or study in which the results of which could potentially impact the Contractor’s interests and those of its funders,;

(3) Performance on any work arising from, or related to, any proposal/CSR evaluation, assessment, or study on which it performed these services, except as required in performance of this contract,; and

(4) Access to proprietary information or data of other Contractors and/or Government sensitive, nonpublic information or data, which information or data may provide the

Contractor with an unfair competitive advantage. For the purpose of this clause, the term Contractor includes the Contractor’s business units and divisions, as well as the

Contractor’s parent company, subsidiaries, affiliates, and successors (as applicable).

For the purpose of this contract, “sensitive” information is defined in the Access to

Sensitive Information clause of this contract.

(c) OCI Avoidance: Given the nature of the services required by this contract, the Contractor shall be precluded from proposing on or working on certain types of contracts as set out in clause H.2 LIMITATION OF FUTURE CONTRACTING (NFS 1852.209-71) (DEC 1988)

(MODIFIED SEP 2024), below. Additionally, the Contractor shall establish a procedure to examine any work it wishes to propose upon or to engage in to ensure that the work does not create an OCI with this contract.

(d) Given the nature of the services required by this contract, covered employees may encounter

H-10 personal conflicts of interest (PCIs) resulting from a financial interest, personal activity, or relationship that could impair the covered employees’ ability to act impartially and in the best interest of the government. For the purposes of PCI, the term “covered employee” is a

Contractor employee, subcontractor employee, or consultant.

(e) PCI Avoidance: The Contractor shall establish a procedure to screen all covered employees to prevent PCIs, including those PCIs that cannot be identified until after award. The

Contractor shall screen covered employees at appropriate times to prevent and avoid PCIs and maintain effective oversight. The Contractor shall prevent PCIs by not assigning or allowing covered employees to perform on tasks where a potential PCI is identified unless approved by the Contracting Officer. The Contractor is under a continuing obligation to disclose actual or potential PCIs.

(f) Prior to commencing work on any task order (to include, but not limited to, appointing panel or assessment team members), the Contractor shall take all actions necessary to carry out its responsibilities for conflict-of-interest avoidance as described above and protection of proprietary and sensitive data, as set forth in the approved OCI and PCI Avoidance

Plan or any task-specific OCI and PCI Avoidance Plan, and the terms of this contract to include NFS clause 1852.237-72, ACCESS TO SENSITIVE INFORMATION (JUN 2005).

The Contractor shall ensure that all personnel (including subcontractor personnel and consultants) proposed to work on the task order have been trained regarding their responsibilities concerning PCIs, OCIs, limitations on future contracting, and protection of proprietary and sensitive data.

(g) Contractor's response to Task Order Requests: Within two (2) business days of receipt of a

Task Order request, the Contractor shall notify the Contracting Officer of all potential or actual PCIs or OCIs and provide a report detailing:

(1) The nature of any potential or actual OCI or PCI.

(2) Plan for avoiding, neutralizing, or mitigating:

(i) OCIs as described in paragraphs (b) and (c) of this clause, and/or

(ii) PCIs as described in paragraphs (d) and (e) of this clause.

Additionally, the Contractor shall notify the Contracting Officer of any modifications it intends to make to its OCI and PCI Avoidance Plan provisions related to the protection of proprietary and sensitive data for the work to be performed under the Task Order.

H-11

(h) Government response to a report of a potential or actual OCI or PCI: The Contracting

Officer will review the report and determine which of the following approaches is in the best interest of the Government and shall so advise the Contractor:

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

(2) The Contractor shall not perform the Task Order and it will be cancelled; or

(3) The Task Order shall be modified to remove the conflict.

(i) Additional requirements:

(1) The limitations on future contracting resulting from the Contractor's performance are identified in H.2 NFS clause 1852.209-71, LIMITATION OF FUTURE

CONTRACTING (DEC 1988) (MODIFIED SEP 2024).

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

(3) The Contractor shall notify the Government of any actual OCI or PCI within two (2) business days of whenever the Contractor becomes aware of the OCI or PCI.

(4) Use of firewalls within its own organization to mitigate “impaired objectivity” OCIs, except in extremely limited circumstances, prevents the Contractor from effectively managing its subcontractor(s), consultant(s), and individual tasks.

H.10 LARC 52.242-70 TECHNICAL DIRECTION (MAY 2023)

a) Performance of the work under this contract is subject to the written technical direction of the

Contracting Officer’s Representative (COR), who shall be specifically appointed by the

Contracting Officer in writing. "Technical direction" means a directive to the Contractor that approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor. Technical direction includes requiring studies and pursuit of certain lines of inquiry regarding matters within the general tasks and requirements in Section C of this contract.

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

H-12

1. Constitutes an assignment of additional work outside the statement of work;

2. Constitutes a change as defined in the changes clause;

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

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

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

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

d) The Contractor shall proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within the COR's authority. If, in the

Contractor's opinion, any instruction or direction by the COR falls within any of the categories defined in paragraph (b) of this clause, the Contractor shall not proceed but shall notify the

Contracting Officer in writing within 5 working days after receiving it and shall request the

Contracting Officer to take action as described in this clause. Upon receiving this notification, the Contracting Officer will either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within 30 days that the instruction or direction is -

1. Rescinded in its entirety; or

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

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

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

(End of clause)

H.11 TRAVEL OUTSIDE OF THE UNITED STATES (LARC 52.242-71) (MAY 2023)

a) The Contracting Officer must authorize in advance and in writing travel to locations outside of the United States by Contractor employees on official travel. This approval may be granted when the travel is necessary to the efforts required under the contract and it is otherwise in the best interest of NASA.

b) The Contractor shall submit requests to the Contracting Officer at least 8 weeks in advance of the start of the travel.

H-13

c) The Contractor shall submit a travel report at the conclusion of the travel. The Contracting

Officer's approval of the travel will specify the required contents and distribution of the travel report.

d) Contractor employees shall comply with the following while on any foreign travel:

1. NASA Policy Directive (NPD) 2810.1, NASA Information Security Policy, with regard to use of NASA data, Government-provided Information Technology (IT) equipment, and/or access to

NASA IT systems while on travel outside of the United States (U.S.). Under no circumstances shall NASA-issued IT devices, NASA IT Systems, or non-public NASA information be taken (or accessed from) outside of the U.S. or its territories by NASA employees or contractors without prior written authorization from the Center Chief Information Officer (CIO) obtained through this site: https://idmax.nasa.gov/nams/asset/252330/452762931 to request the proper forms for authorization.

2. This policy applies to all NASA personnel (i.e., all persons who have an active identity in

NASA’s Identity Management and Account Exchange (IdMAX) system) and who are travelling outside of the U.S. and territories while performing any of the following: carrying or using

NASA IT resources; carrying NASA Sensitive But Unclassified (SBU)/Controlled Unclassified

Information (CUI) information; using a NASA IT account; accessing NASA IT resources located in the U.S. or its territories; or visits to U.S. facilities that are under the control of non-U.S.

entities. Users shall report any loss, damage, or tampering of NASA IT assets or any IT assets containing NASA information immediately to the NASA Security Operations Center (SOC)

(soc@nasa.gov, 877-627-2732).

3. All U.S. export control laws and regulations, including the International Traffic in Arms

Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations

(EAR), 15 CFR Parts 730 through 799, in accordance NFS clause 1852.225-70, EXPORT

LICENSES (FEB 2000).

e) The foreign travel briefing referenced in NPR 1660.1 and NASA Counterintelligence (CI) &

Counterterrorism (CT) 1.2.8. is HIGHLY ENCOURAGED for contractors. If the individual is visiting a State Department designated or high-threat country/location in accordance with the

NASA Designated Countries List, then the employee MUST contact the local

Counterintelligence Special Agent (CISA) for a personalized briefing and debriefing. If the employee is going to a non-designated country, then the individual may complete the travel briefing and debriefing via the links in the automated e-mail from the NASA HQ OPS CI/CT

Division Safeguards CI/CT system

(https://safeguards.grc.nasa.gov/foreign_travel/foreign_travel.cfm). For non-official travel, contractors are HIGHLY ENCOURAGED to contact the servicing NASA CI office for foreign travel briefings (THIS IS A SEPARATE REQUREMENT FROM THE TRAVEL REPORTING

REQUIREMENT IN IdMAX). Additionally, all security clearance holders must report their planned travel in the IDMAX Foreign Travel Reporting Tool, mailto:soc@nasa.gov mailto:soc@nasa.gov https://safeguards.grc.nasa.gov/foreign_travel/foreign_travel.cfm

H-14 https://nasa.sharepoint.com/sites/ops-foreigntravel/. Finally, contractors planning to take ANY

NASA IT (to include VPN), shall obtain authorization from IT Security through https://idmax.nasa.gov/nams/asset/252330/452762931 prior to travel.

(End of clause)

H.12 LARC 52.245-98 NASA END USER SERVICES OFFICE (EUSO) SERVICES AND

ASSETS (JUN 2022)

The Government will provide the Contractor with NASA EUSO services and assets, (which may include laptops, cell phones, tablets, and monitors). The specific listing of EUSO services/assets provided under this contract will be made available after contract award.