MCHFSS II B-M_Amendment 004.pdf

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80LARC25R7002

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 1852.216-74 ESTIMATED COST AND FIXED FEE. (DEC 1991) TBD exclusive of the fixed fee of TBD. The total estimated cost and fixed fee is TBD.

(End of clause)

B.3 LARC 1852.216-74 FILL-IN INFORMATION FOR NFS CLAUSE 1852.216-74

ESTIMATED COST AND FEE (DEC 1991)

TOTAL CONTRACT VALUE

Period CLIN Estimated Cost Fee Period Total Contract Total

Base 100 TBD TBD TBD TBD

B.4 1852.232-81 Contract Funding (JUN 1990)

(a) For purposes of payment of cost, exclusive of fee, in accordance with the Limitation of Funds clause, the total amount allotted by the Government to this contract is $TBD. This allotment covers the following estimated period of performance: TBD.

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

(End of clause)

B.5 SUPPLIES AND/OR SERVICES TO BE PROVIDED

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-2

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 (PWS) for Mechanical and Composite Hardware Fabrication Support Services II (MCHFSS II). Work will be obtained by the issuance of cost-plus fixed fee task orders.

CLIN Description

Indefinite Delivery Indefinite Quantity (IDIQ): In accordance with Exhibit A - PWS, Exhibit B - Contract Documentation Requirements, and Section I.10, Task Ordering Procedure.

B.6 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 $100,000.00 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 $ $25,000,000.00** for the five-year period of performance.

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: Performance Work Statement (PWS). The Contractor shall also be responsible to deliver the documents contained within Section J, Exhibit B, Data Requirements Description

(DRD).

SECTION D - PACKAGING AND MARKING

D-1

D.1 Clauses incorporated by reference – Section D

NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES:

1852.211-70 PACKAGING, HANDLING, AND TRANSPORTATION. (SEP 2005)

(End of by reference clauses)

D.2 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:

SECTION D - PACKAGING AND MARKING

D-2

(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:

Parcel Post Shipment and Freight Shipments Shipped to:

NASA Langley Research Center

4 South Marvin St (Building 1206)

Hampton, VA 23681-2199

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

SECTION E - INSPECTION AND ACCEPTANCE

E-1

E.1 Clauses incorporated by reference – Section E

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1):

52.246-3 INSPECTION OF SUPPLIES - COST-REIMBURSEMENT. (MAY 2001)

52.246-5 INSPECTION OF SERVICES - COST-REIMBURSEMENT. (APR 1984)

(End of by reference clauses)

E.2 1852.246-72 MATERIAL INSPECTION AND RECEIVING REPORT. (APR 2015)

(a) At the time of each delivery to the Government under this contract, the Contractor shall prepare and furnish a Material Inspection and Receiving Report (DD Form 250 series). The form(s) shall be prepared and distributed as follows:

Prepared in 3 copies, an original and 2 copies.

(b) The Contractor shall prepare the DD Form 250 in accordance with NASA FAR Supplement 1846.6. The Contractor shall enclose the copies of the DD Form 250 in the package or seal them in a waterproof envelope, which shall be securely attached to the exterior of the package in the most protected location.

(c) When more than one package is involved in a shipment, the Contractor shall list on the DD Form 250, as additional information, the quantity of packages and the package numbers. The Contractor shall forward the DD Form 250 with the lowest numbered package of the shipment and print the words “CONTAINS DD FORM 250” on the package.

E.3 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC

2014)

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

Title Number

ISO 9001 Certification

SECTION E - INSPECTION AND ACCEPTANCE

E-2

And/Or

AS 9100 Certification

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

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

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

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

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

SECTION F - DELIVERIES OR PERFORMANCE

F-1

F.1 Clauses incorporated by reference – Section F

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1):

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

(End of by reference clauses)

F.2 Period of Performance

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

(b) In addition, each task order issued will identify a specific period of performance. Issuance of task orders will not occur beyond the current contract expiration date. Performance of all task orders issued before the end of the contract period of performance shall not exceed 12 months beyond the contract period of performance.

(End of Clause)

F.3 Place of Performance – SERVICES

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

NASA Langley Research Center. Performance may also be required at other NASA Centers, Government Agencies, industry partners, and remote sites as specified in task orders.

(End of Clause)

SECTION G - CONTRACT ADMINISTRATION DATA

G-1

G.1 Clauses incorporated by reference – Section G

NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES:

1852.216-75 PAYMENT OF FIXED FEE. (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 1852.232-80 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.

G-2

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

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

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

(D) Progress reports, as required.

(ii) Invoices.

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

(B) Progress reports, as required.

(C) Date goods and services were performed.

(iii) Fee vouchers.

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

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

(C) A clear explanation of the fee calculations.

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

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

(2) The contract includes provisions allowing the contractor to submit vouchers or invoices using the steps for non-electronic payment. In such instances the Contractor agrees to submit non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) Improper vouchers/invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in a voucher/invoice within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (b) of this section.

(f) Other payment clauses. In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

G-3

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

(JUN 2018)

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

NASA Procedural Requirements (NPR) 4100.1, NASA Materials Inventory Management Manual;

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

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

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.

G-4

(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 D.

(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: none.

G-5

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

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

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

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

(End of clause)

G.4 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)(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

G-6 associated methodology by comparing them to the actual activity once that data is available, and adjust them accordingly. In addition, differences between the estimated cost and actual cost must be adjusted during the next reporting period. Contractors shall have formal policies and procedures, which address the validation of NF 1018 data, including data from subcontractors, and the identification and timely reporting of errors. The objective of this validation is to ensure that information reported is accurate and in compliance with the NASA FAR Supplement. If errors are discovered on NF 1018 after submission, the contractor shall contact the cognizant NASA Center Industrial Property Officer (IPO) within 30 days after discovery of the error to discuss corrective action.

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

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

(d) A final report shall be submitted within 30 days after disposition of all property subject to reporting when the contract performance period is complete in accordance with paragraph (b)(1) through (3) of this clause.

G.5 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 or in Exhibit D 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 Langley Research Center (LaRC) and at other location(s) as may be approved by the Contracting Officer. Under FAR 52.245–1, the Contractor is accountable for the identified property.

G.6 1852.245-78 Physical Inventory of Capital Personal Property (AUG 2015)

G-7

(a) In addition to physical inventory requirements under the clause at FAR 52.245-1, Government Property, as incorporated in this contract, the Contractor shall conduct annual physical inventories for individual property items with an acquisition cost exceeding $500,000.

(1) The Contractor shall inventory -

(i) Items of property furnished by the Government;

(ii) Items acquired by the Contractor and titled to the Government under the clause at

FAR 52.245-1;

(iii) Items constructed by the Contractor and not included in the deliverable, but titled to the Government under the clause at FAR 52.245-1; and

(iv) Complete but undelivered deliverables.

(2) The Contractor shall use the physical inventory results to validate the property record data, specifically location and use status, and to prepare summary reports of inventory as described in paragraph (c) of this clause.

(b) Unless specifically authorized in writing by the Property Administrator, the inventory shall be performed and posted by individuals other than those assigned custody of the items, responsibility for maintenance, or responsibility for posting to the property record. The Contractor may request a waiver from this separation of duties requirement from the Property Administrator, when all of the conditions in either (1) or (2) of this paragraph are met.

(1) The Contractor utilizes an electronic system for property identification, such as a laser bar-code reader or radio frequency identification reader, and

(i) The programs or software preclude manual data entry of inventory identification data by the individual performing the inventory; and

(ii) The inventory and property management systems contain sufficient management controls to prevent tampering and assure proper posting of collected inventory data.

(2) The Contractor has limited quantities of property, limited personnel, or limited property systems; and the Contractor provides written confirmation that the Government property exists in the recorded condition and location;

(3) The Contractor shall submit the request to the cognizant property administrator and obtain approval from the property administrator prior to implementation of the practice.

(c) The Contractor shall report the results of the physical inventory to the property administrator within 10 calendar days of completion of the physical inventory. The report shall

G-8

(1) Provide a summary showing number and value of items inventoried; and

(2) Include additional supporting reports of -

(i) Loss in accordance with the clause at 52.245-1, Government Property;

(ii) Idle property available for reuse or disposition; and

(iii) A summary of adjustments made to location, condition, status, or user as a result of the physical inventory reconciliation.

(d) The Contractor shall retain auditable physical inventory records, including records supporting transactions associated with inventory reconciliation. All records shall be subject to Government review and/or audit.

G.7 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-9

G.8 LARC 52.245-90 PROVIDING EQUIPMENT TO CONTRACTORS (AUG 2021)

a) In accordance with FAR 45.102, Contractors shall furnish all property required for performing Government contracts.

b) The Government, however, agrees to provide EXISTING equipment as listed in Exhibit D in support of this contract. Any existing equipment items that reach the end of their useful life during the contract period, or which are beyond economical repair, shall be replaced by the Contractor, if the equipment is still needed for contract performance.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1

H.1 Clauses incorporated by reference – Section H

NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES:

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

1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP REPORTING. (DEC 2015)

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

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

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

(End of by reference clauses)

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

(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 Conflicts of Interest.

(b) The nature of the conflicts are identified in H.12, Organizational Conflicts of Interest.

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

(1) If the Contractor, under the terms of this contract, or through the performance of tasks pursuant to this contract, is required to develop specifications or statements or work that are to be incorporated into a solicitation, the Contractor shall be ineligible to perform the work described in that solicitation as a prime of first-tier subcontractor under an ensuing NASA contract. This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Officer and the Contractor, sufficient to avoid unfair competitive advantage or potential bias (this time shall in no case be less than the duration of the initial production contract). NASA shall not unilaterally require the Contractor to prepare such specifications or statements of work under this contract.

H-2

(2) To the extent that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and as long as these data remain proprietary or confidential, the Contractor shall protect these data from unauthorized use and disclosure and agrees not to use them to complete with those other companies.

(End of clause)

H.3 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.4 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 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

H-3 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 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

H-4 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 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

H-5 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 periodGreen 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.

H-6

H.5 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.6 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.

H-7

H..7 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 work day 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 keys should be returned immediately with the invalidated badges to the NASA LaRC Badge and Pass Office.

H-8

H. 8 LARC 52.215-116 ENABLING CLAUSE BETWEEN TBD AND OTHER

CONTRACTORS (JUL 2024)

a) NASA has entered into the contracts below for other support services at LaRC:

Support Contract Contractor

Center Maintenance, Operations, and Engineering (CMOE) Jacobs Technology Inc

NASA End-User Services & Technologies (NEST) Leidos

Groundskeeping and Pest Control Services Alutiiq

NASA Protective Services East Region Contract Chenega Global Protection, LLC

Environmental Engineering Services HSG, LLC

Custodial Support Services Brevard Achievement Center, LLC

Logistics Support Services Alutiiq Logistics & Maintenance Services, LLC

Facility Assurance, Inspection, Monitoring, and Occupational Safety

(FAIMOS II)

Mission Technology

Reliance Consolidated Models (RECOM)

VI

Advanced Technologies Incorporated (ATI) & Eagle Aviation Technologies

Force Measurement Support Services

(FMSS) II

Calspan Systems Corporation, Modern Machine & Tool Company, and Ahmic Aerospace

Research, Science, and Engineering Services (RSES)

Analytical Mechanics Associates

(AMA)

b) In the performance of this contract, the contractor agrees to cooperate with the above contractor(s) by: attending meetings; sharing technical, schedule, and planning data; providing access to Contractor facilities; and allowing observation of technical activities by appropriate Contractor technical personnel: and discussing and coordinating matters related to projects.

H-9

c) 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 2024)

a) 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.

b) New Hire Safety Briefing

All new Contractor employees shall attend an Entry on Duty safety briefing presented by the LaRC Safety and Facility Assurance Branch (SFAB). This briefing provides a basic overview of safety while working at NASA Langley Research Center. The briefing includes a variety of topics, to include but not be limited to, where to get help, what to do in an emergency, and resources available to employees on Center.