80MSFC21R0015 NFSS RFP - Amendment P0002.docx

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

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

The estimated cost of this contract is $To Be Determined (TBD) exclusive of the fixed fee of $TBD. The total estimated cost and fixed fee is $TBD.

(End of clause)

1852.216-78 FIRM FIXED PRICE (DEC 1988)

The total firm fixed price of this contract is $To be Proposed (TBP).

(End of clause)

MSFC 52.216-90 IDIQ CONTRACT VALUE BY PERIOD OF PERFORMANCE (MAY 2017)

The maximum potential not-to-exceed (NTE) value of this contract including options, is $480,150,000. This contract provides for performance of firm-fixed-price (FFP) and cost-plus-fixed-fee (CPFF) indefinite-delivery, indefinite-quantity (IDIQ) task orders. Contract will include a 90-day phase-in period, a two-year base period, and three two-year option periods. The NTE value shall not be exceeded without the prior written approval of the Contracting Officer.

The values for each period of performance are set forth below:

Maximum Potential NTE Value

$480,150,000

*Unused IDIQ contract value may be rolled forward to any subsequent period, without change to the Maximum Potential NTE Value.

(End of clause) MSFC 52.216-91 SUPPLIES AND/OR SERVICES TO BE PROVIDED AND TYPE OF CONTRACT (JUN 2017)

(a) The contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to perform and/or deliver the services in accordance with Attachment J-1, Performance Work Statement (PWS).

(b) The effort will be performed utilizing an indefinite-delivery, indefinite-quantity (IDIQ) contract with firm-fixed-price (FFP) and cost-plus-fixed-fee (CPFF) task orders/work packages (TO/WP). Clauses delineated in this contract are applicable as appropriate specific to the type of TO/WP awarded. Center-specific clauses delineated elsewhere in this contract will apply to TO/WP efforts performed at the specified center.

(c) IDIQ ordering shall be performed in accordance with Federal Acquisition Regulation (FAR) Clause 52.216-18, Ordering, FAR Clause 52.216-19, Order Limitations, and NASA FAR Supplement (NFS) Clauses 1852.216-80, Task Ordering Procedure, and 1852.216-80, Task Ordering Procedure - Alternate II of this contract.

(d) IDIQ Labor Categories and Labor Rates: Labor categories and associated hourly rates to be used in work packages are included in Attachment J-7, Rates Schedule and Labor Categories, and in performing IDIQ services. The contractor shall provide all required labor and other direct costs (ODCs), to include travel and training as delineated in the individual work packages proposals based on the rates delineated in Attachment J-7, Rates Schedule and Labor Categories.

(e) ODCs (e.g., travel, training): All ODCs required to support this contract shall be authorized and accounted for within IDIQ work packages. Work Package ODC burden rates shall not exceed those rates included in Attachment J-7, Rates Schedule and Labor Categories. Profit shall not be applied to ODCs. Travel shall be performed in compliance with the Federal Travel Regulations (FTR). The Government will not pay for expenses that exceed FTRs.

(f) The contractor is not authorized to drive or use Government-owned or leased vehicles in performance of this contract.

MSFC 52.216-92 MATRIX OF CONTRACT LINE ITEMS (CLINs) (OCT 2017)

The current total contract value is as specified below. To separately track the components of the value, separate CLINs have been established as follows:

*Note 1: Phase-In task order will be executed concurrent with contract effective date.

**Note 2: As options are exercised, contract value and period of performance may be reallocated from CLINs 004-009 to Base Period CLINs 002 and 003.

(End of clause)

MSFC 52.227-91 DATA REQUIREMENTS (JUN 2017)

(a) The contractor shall furnish all data identified and described in the Data Requirements List (DRL) of the Data Procurement Document (DPD) which is attached to this contract. All expenses associated therewith are included in the estimated cost or firm fixed price of this contract, or any associated work packages if applicable.

(b) The Government reserves the right to delay the delivery of any or all data requirements descriptions (DRDs) specified in the DRL and such right may be exercised at no increase to the estimated cost or firm fixed price of this contract or any associated work packages.

(c) Nothing contained in this clause shall relieve the contractor from delivering data that is not identified and described in the DRL/DPD but required under another section of this contract.

(d) To the extent that data required to be delivered under a DRD is also required to be delivered under another section of the contract, the requirements established by both the DRD and such other contract section shall apply. In the event of a conflict between the data requirements of the DPD and another contract section, the specific contract section will take precedence.

(End of clause)

MSFC 52.237-92 DEDUCTIONS FOR FAILURE TO MEET ACCEPTABLE PERFORMANCE LEVELS (JUN 2017)

(a) The contractor’s performance will be evaluated on a monthly basis. The Government will apply deductions for failure to meet acceptable performance levels (APLs) utilizing the methodology and required performance levels specified elsewhere in this contract.

(b) The Government will hold recurring performance evaluation meetings (PEMs) with the contractor, based on a schedule determined by the Contracting Officer (CO), to discuss performance against the established standards and any associated deductions, if applicable. More frequent meetings may be held if determined necessary by the CO.

(c) The contractor shall apply any required deductions for failure to meet APLs on the next invoice/voucher submitted following the period being evaluated.

(d) Notwithstanding the foregoing, the Government’s rights under this clause to reduce fee or contract value for less than optimal performance is in addition to the rights of the Government prescribed in Clauses 52.212-4, Contract Terms and Conditions-Commercial Items, 52.246-5, Inspection of Services-Cost-Reimbursement, and 52.249-6, Termination (Cost-Reimbursement.).

(End of clause)

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 $ to be identified in individual task orders. This allotment is for to be identified in individual task orders and covers the following estimated period of performance: to be identified in individual task orders.

(b) An additional amount of $ to be identified in individual task orders is obligated under this contract for payment of fee.

(End of clause)

80MSFC21R0015

Amendment P0002

B-2

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

MSFC 52.211-93 DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK/PERFORMANCE WORK STATEMENT (MAY 2019)

The Performance Work Statement is located at Attachment J-1, Performance Work Statement (PWS).

C-2

SECTION D - PACKAGING AND MARKING

Section not utilized

D-57

SECTION E - INSPECTION AND ACCEPTANCE

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

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

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

All Services Inspection/Acceptance See MSFC 52.237-91, Place of Performance

E-57

SECTION F - DELIVERIES OR PERFORMANCE

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

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

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

MSFC 52.211-94 PERIOD OF PERFORMANCE (MAY 2017)

The period of performance for this contract is from 12/01/2022 through 02/28/2025.

(End of clause)

MSFC 52.237-91 PLACE OF PERFORMANCE (JUL 2018)

The contractor shall perform the work under this contract via IDIQ work packages at: Ames Research Center (ARC), Mountain View, CA; Armstrong Flight Research Center (AFRC), Edwards Air Force Base, CA; Glenn Research Center (GRC), Cleveland, OH; Johnson Space Center (JSC), Houston, TX; Kennedy Space Center (KSC), Merritt Island, FL; Marshall Space Flight Center (MSFC), Huntsville, AL; and Stennis Space Center (SSC), Bay St. Louis, MS; and other locations approved in writing by the Contracting Officer, including Component Facilities and Technical & Service Support Centers, or alternate place of performance, approved in writing by the Contracting Officer.

F-57

SECTION G - CONTRACT ADMINISTRATION DATA

1852.216-75 PAYMENT OF FIXED FEE (DEC 1988)

1852.242-73 NASA CONTRACTOR FINANCIAL MANAGEMENT REPORTING (NOV 2004)

1852.245-75 PROPERTY MANAGEMENT CHANGES (JAN 2011)

52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEP 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the contractor concerning all task-order and delivery-order actions for this contract and ensure the contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

https://www.hq.nasa.gov/office/procurement/regs/Procurement-Ombuds-Comp-Advocate-Listing.pdf

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., Protests).

(c) Before consulting with the Ombudsman, the contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

1852.232-80 SUBMISSION OF VOUCHERS/INVOICES 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 website at: https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at 1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.

(c) Payment requests.

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

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

(i) Vouchers.

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

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

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

(D) Progress reports, as required.

(ii) Invoices.

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

(B) Progress reports, as required.

(C) Date goods and services were performed.

(iii) Fee vouchers.

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

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

(C) A clear explanation of the fee calculations.

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

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

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

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

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

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

(End of clause)

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 Supply Support and Material Management;

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

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

User Responsibilities:

The contractor shall retain responsibility for ensuring proper use, care, and protection (safeguarding) Installation Accountable Government Property (IAGP) under his/her custody and control. Individual shall be responsible for the following:

(1) ensuring IAGP is used only in the pursuit of approved programs, or as otherwise authorized;

(2) updating record locations in EQUIPMENT or notifying cognizant Property Custodian, of all equipment location changes;

(3) ensuring that any lost, missing, or damaged IAGP is officially reported to his/her supervisor, appropriate Property Custodian, and Protective Services Department;

(4) notifying Property Custodian of IAGP not being actively used;

(5) ensuring that IAGP is turned into Property Disposal Officer through Equipment or the Property Custodian when no longer needed; under no circumstances will the contractor dispose of IAGP, whether tagged or untagged; and

(6) notifying the Contracting Officer, cognizant Property Custodian, and the Center's Supply and Equipment Management Officer (SEMO) upon termination of employment.

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 SEMO and Financial Management Officer. If this contract provides for the contractor to acquire property, title to which will vest in the Government, the following additional procedures apply:

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

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

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

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

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

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

for official purposes only.

(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.

delivery of supplies. Moving services may be provided on-site, as approved by the Contracting Officer.

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) NPR 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.

(End of clause)

JSC 52.204-92 NASA SECURITY PROGRAM AND IDENTIFICATION OF EMPLOYEES (FEB 2021)

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

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

• NPD 1600.9, NASA Insider Threat Program

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

• NPR 1600.3, Personnel Security (current version)

• NPR 1600.4A, Identity and Credential Management.

(b) For any contract requiring a Facility Clearance Level (FCL) for access to Classified National Security Information (CNSI), the contractor shall adhere to the Agency-wide program policy and guidance related to the protection of CNSI by complying with the following:

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

(c) For any contract requiring an FCL for access to CNSI and requiring access to Communications Security (COMSEC) equipment, the contractor shall adhere to the Agency-wide program policy and guidance related to the protection of COMSEC equipment by complying with the following:

• NPR 1600.6, Communications Security (COMSEC) (NPR 1600.6 is a protected document that can be obtained by contractors that have a need-to-know. The JSC point of contact is the JSC COMSEC Account Manager (CAM)).

(d) At all times while on NASA property, the contractor, subcontractors, their employees, and agents shall wear NASA issued credentials. NASA credentials will be issued in accordance with NPR 1600.4A, 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.

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

• NASA Badging & Visitor Control Office, located in Building 110 at the Johnson Space Center (JSC) 6:00 a.m. to 5:30 p.m. Monday through Friday excluding holidays

• Sonny Carter Training Facility (SCTF) 7:00 a.m. to 3:30 p.m. Monday through Friday excluding holidays

• Ellington Field (EFD), Building 265, 7:00 a.m. to 11:00 a.m. Monday through Friday excluding holidays

• White Sands Test Facility (WSTF), Protective Services Office Building (PSOB), Building 108, Monday through Friday from 7:00 a.m. to 4:00 p.m. excluding holidays and off every other Friday due to 9/80 hour scheduling. WSTF visitor credentials will be issued on a 7-day-a-week, 24-hour-a-day basis.

(e) The FSO/DO needing identity requester rights, must complete the following training in SATERN: Personal Identity Verification (PIV) - ICAM Overview "AG-PIV ICAM-OVERVIEW" and Personal Identity Verification (PIV) - Requester Module "AG PIV-IDENTITY-REQUESTER." After completion of the training, the FSO/DO will request the following rights in NAMS: Agency ICAM Infrastructure; with the Identity Requester role. Lastly, submit a JSC Form (JF) 200, NASA JSC Agreement Maintenance Card to be added as a Requester for the contract/agreement of responsibility. This will allow the contractor to have identity requester privileges within IdMAX.

(f) For temporary credential requests, the FSO/DO will submit the credential request within IdMAX and instruct the employee to visit a JSC Badging Office to complete the enrollment process for the temporary credential. The employee will need to present two forms of matching I-9 identification documents to process a temporary credential. The list of acceptable I-9 documents can be found on the U.S. Citizenship and Immigration Services (USCIS) website located at www.uscis.gov.

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

NASA Personnel Security will notify the employee and the FSO/DO via email to begin background investigation processing and will provide the employee the necessary forms to complete the eQIP process electronically. Once the background investigation process is complete, the employee will be notified to go to the JSC Badging Office for enrollment. Employees will present two forms of matching I-9 identification documents to process for a permanent credential; and will receive a temporary 30-day credential or Interim Agency Smart Badge until the PIV credential arrives at the JSC Badging Office. When the PIV credential arrives, the employee or FSO/DO will receive an email notification for credential pickup at the JSC Badging Office.

(h) The contractor shall be held accountable for issued credentials, keys, and other items. The contractor must assure credentials (returned to JSC Badging Office) and keys (returned to JSC Locksmith Office) are returned upon completion of work under the contract in accordance with the procedures listed on JF 760, JSC Termination/Retiree and Return for Future Use Checklist.

(End of clause)

MSFC 52.204-91 SECURITY AND BADGING REQUIREMENTS (NOV 2016)

Performance of this contract will require access to facilities, information technology systems, and other resources at the Marshall Space Flight Center and/or the Michoud Assembly Facility. To obtain and maintain access, the contractor shall comply with the applicable requirements from the latest revision of (1) NASA Procedural Requirements (NPR) 1600.1, "NASA Security Program Procedural Requirements," (2) NPR 1600.4, "Identity and Credential Management," (3) Marshall Procedural Requirements (MPR) 1600.1, "MSFC Security Program Procedural Requirements," (4) MPR 1600.4, "MSFC Identity, Credential, and Access Management," and (5) NASA Advisory Implementing Instruction (NAII) 1600.4, "Foreign National Access Management."

G-57

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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 ALTERNATE I (FEB 2006) (FEB 2002)

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

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 this conflict is: The contractor may participate in all phases of the acquisition process (i.e., from acquisition planning through closeout of the contract) across various centers (1) provides access to and use of highly sensitive information belonging to both the Government and third parties and (2) analysis and document preparation in support of the Government’s decision-making processes. Both types of participation could give rise to an unequal access to information 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 of 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 or first-tier subcontractor under an ensuing NASA contract. This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Officer and the contractor, sufficient to avoid unfair competitive advantage or potential bias (this time shall in no case be less than the duration of the initial production contract). NASA shall not unilaterally require the contractor to prepare such specifications or statements of work under this contract.

(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 agree not to use them to compete with those other companies.

(End of clause)

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: Ames Research Center (ARC), Mountain View, CA; Armstrong Flight Research Center (AFRC) Edwards Air Force Base, CA; Glenn Research Center (GRC), Cleveland, OH; Johnson Space Flight Center (JSC), Houston, TX; Kennedy Space Center (KSC), Merritt Island, FL; Marshall Space Flight Center (MSFC), Huntsville, AL;

and Stennis Space Center (SSC), Bay St. Louis, MS; and other locations approved in writing by the Contracting Officer, 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)

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

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

SCHEDULE FOR ALLOTMENT OF FUNDS FOR FIRM-FIXED-PRICE TASK ORDERS

To be identified in individual task orders To be identified in individual task orders

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

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

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

(f) and (g) of that clause will approximate 75 percent of the total amount then allotted to the contract.

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

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

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

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

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

(f) The Government may at any time before termination, and, with the consent of the contractor, after notice of termination, allot additional funds for this contract.

(g) The provisions of this clause with respect to termination shall in no way be deemed to limit the rights of the Government under the default clause of this contract. The provisions of this Limitation of Funds clause are limited to the work on and allotment of funds for the items set forth in paragraph (a) of this clause. This clause shall become inoperative upon the allotment of funds for the total price of said work except for rights and obligations then existing under this clause.

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

(End of clause)

ARC 52.223-90 EMERGENCY PREPAREDNESS AND RESPONSE (MAY 2020)

(a) Contractors shall comply with Ames Procedural Requirements (APR) 1601.4, "Emergency Management Plan."

(b) Contractors doing business with ARC are also employers in their own right and, as such, are responsible for protecting their employees, the environment, and property from the effects of hazardous events. When required by the PWS/SOW or as directed by the Contracting Officer, contractors shall develop and maintain appropriate emergency response and recovery plans, facility shutdown/startup plans, standard operations procedures, and checklists for emergency response to their facilities and operations. Contractors shall ensure training and certification of their employees as required to support their emergency response and recovery plan. Contractors shall participate in no more than five ARC drills and/or exercises annually to validate adequacy of emergency response and recovery plans and to ensure contractor employees are trained on how to respond, unless participation in more events are stated in the PWS/SOW or directed by the Contracting Officer. During a disaster/emergency, the contractor’s Project Manager or other line supervisor shall be prepared to provide personnel accountability and facility status information to the designated NASA Facility Manager or Emergency Operations Center (EOC) Representative.

(c) The site manager for the contract shall provide the name and contact information for any of its on-site contractor personnel that would like to volunteer to serve in an emergency response position associated with the overall NASA ARC and agency response to the Contracting Officer or Contracting Officer Representative for its contract. If approved for a volunteer position, these individuals will be notified by the appropriate point of contact for the emergency response function that the individual was selected to volunteer with. The volunteers will then be trained in their roles by the Government, or its representative, and participate in any drills that serve to increase the Center’s effectiveness in responding to and recovering from emergencies and disasters. No requirements stated in the contract will be altered and no contract adjustment made to accommodate contractor personnel serving in these volunteer positions.

(End of clause)

ARC 52.223-91 DISASTER ASSISTANCE AND RESCUE TEAM (DART) PARTICIPATION (MAY 2020)

(a) Contractor employees are eligible to participate in the Disaster Assistance and Rescue Team (DART) if approved in writing by the contractor and appointed by the Government. If a contractor approves of an employee’s participation, the contractor agrees to modify the employee’s position description to include participation in DART, and to provide additional indemnification (e.g., worker’s compensation insurance, general liability insurance, etc.) as may be necessary to protect its employee and/or the Government while the employee is participating in the program voluntarily.

(b) This team is comprised of civil service, on-site contractor, Federal Resident Agency, the NASA Research Park, and Moffett Federal Airfield. The team composition includes, but is not limited to, scientists, engineers, wind tunnel mechanics, aircraft mechanics, facility maintenance personnel, computer specialists, industrial hygienists, safety professionals, heavy equipment operators, administrative personnel, managers, procurement officials, and data specialists. DART is an umbrella organization that has five functional groups. The groups are Search and Rescue, Damage and Utility Control, Structural Assessment, Emergency Communications, and Medical. Typically, participation will involve approximately 5% of the employee’s (full) time, except for initial training/orientation, which will involve approximately 10% of the employee’s (full) time. The executive management at Ames Research Center strongly encourages contractor participation on DART, which needs all of our support, as it has proven to be a valuable element of the Center’s Emergency Preparedness Program. Contractual requirements will not be altered, and contract adjustments will not be made to accommodate contractor personnel serving in these volunteer positions.

(End of clause)

ARC 52.230-90 CONTRACTOR PURCHASING (JAN 2012) ALTERNATE I (MAY 2020)

The contract (or work package) describes the work to be performed. The contractor may determine a need to procure supplies and services from outside vendors which are incidental to performing the contractual requirements. These purchasing activities should promote competition to the maximum extent possible and promote best value purchases; however, these purchasing functions are limited to necessary and incidental items tied directly to contract performance. As such, the contractor is prohibited from purchasing items for direct use by the government as these items should be procured by the Government. The contractor shall not perform purchasing functions or act in any other way as an agent for the government. Examples of prohibited purchases that are typical for most support service contracts include the purchase, for government use only, of the following: office supplies, hardware, personal computers and other peripheral devices and related supplies, licenses, subscriptions, vehicles, and personal or convenience items. Other examples of prohibited purchases include pass-through purchases unrelated to the overall scope of the contract (i.e., non-contract related ODCs). The Contracting Officer at the time of negotiation will make a determination as to the appropriateness of the ODCs being proposed by the contractor. The contractor is required to notify the Contracting Officer of any requests by Government personnel to direct a specific procurement action to a specific source without appropriate justification and approval (see NFS 1806.303-170).

The contractor shall not be entitled to payment or reimbursement for any purchase that is not incidental to the direct performance of the specific work it has agreed to perform under the Contract. Furthermore, the contractor shall not be entitled to payment or reimbursement for any tasks or services performed, nor for any incidental or administrative expenses whatsoever not incurred in or incidental to direct performance of the contract PWS.

(End of clause)

ARC 52.237-99 NON-PERSONAL SERVICES (MAY 2020)

(a) In accordance with FAR 37.104(b), no personal services shall be performed under this contract. No contractor employee will be directly supervised by the Government. All individual contractor work assignments and daily work direction shall be given by an employee of the contractor. If the contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any contractor employee, the contractor shall promptly notify the Contracting Officer of this communication or action.

(b) The contractor shall not perform any inherently governmental actions under this contract. No contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, contractor employees shall identify themselves as contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this contract, the contractor employee shall state that they have no authority to in any way change the contract and that if the other contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

(c) The contractor shall ensure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause shall limit the Government’s rights in any way under any other provision of the contract, including those related to the Government’s right to inspect and accept the services to be performed under this contract. The substance of this clause shall be included in all subcontracts at any tier.

(End of clause)

GRC 52.237-91 CONTRACTORS' DUTIES AND RESPONSIBILITIES ON-SITE (DEC 2016)

(a) BADGES AND PASSES

(i) Badge and Pass Issuance

Support Service Contractor (SSC) personnel having a need to enter areas of the Glenn Research Center Lewis Field or Neil A. Armstrong Test Facility shall have an identification badge or pass. This badge or pass shall be obtained at the Badge Control Office or Visitor Control Office located at the Main Gate of either Lewis Field or Neil A. Armstrong Test Facility.

(1) Permanent Badge (Personal Identify Verification (PIV) Credential) Requirements

a. It is recommended that the contractor complete the new employee hiring process at least 10 workdays prior to the employee’s start date.

b. Upon the selection of a new employee, the contractor’s Human Resource (HR) representative shall create an identity in the Identity and Access Management Tool (IdMAX).

c. The contractor’s HR representative shall also complete NASA Form 1760, Position Risk Designation for Non-NASA Employee and GRC 1760, Position Risk Designation Cover sheet. Once completed, both forms shall be signed by the NASA COR and sent to the Office of Protective Services POC for Non-Government Investigations.

d. At the time of the Center visit or the Entry-on-Duty appointment, the new employee shall complete the Enroll for PIV credential process at the Main Gate Badge Control Office.

e. During this activity the new employee shall provide verification of their identity by providing two forms of I-9 documentation and fingerprints.

f. Upon Entry-on-Duty, the employee shall be issued a temporary credential (badge) for access to the Center until a Permanent Credential (badge) is created.

Please reference the GRC Office of Protective Services website for the Permanent SSC New Hire Identity Creation Process (https://security.grc.nasa.gov/im_ssc_new_hire.cfm), and for additional information.

(2) Temporary Pass Requirements

• Short Term Visitors (1-29 days) shall receive a Visitor Pass. Please reference the GRC Office of Protective Services website (https://security.grc.nasa.gov/form_visit_information.cfm) to complete the on-line visitor request form.

• NASA GRC Service and Vendor Personnel shall receive a Service / Vendor Personnel Pass which will allow only physical access to NASA GRC. Please reference the GRC Office of Protective Services website (https://security.grc.nasa.gov/crm_grc_serv_vend_pers.cfm) for complete information.

The contractor shall ensure that, for badging purposes, each contractor employee is in possession of GRC 9975 (Construction contractor Registration & ID Badge), prior to reporting to work. Contractor employees not in possession of the above-mentioned form will be delayed at the gate until the contractor supervisor/foreman or that individual’s representative reports to the Main Gate with the appropriate paperwork for badging.

• Temporary workers are defined as those employees that are on Center for more than 29 days and less than 180 days. Please reference the GRC Office of Protective Services website (https://security.grc.nasa.gov/crm_temporary_worker.cfm) for complete information.

All lost or stolen badges or passes shall be reported immediately to the GRC Office of Protective Services.

(ii) Employee Separation

(1) When an employee terminates and/or resigns employment, the contractor shall issue to the employee GRC 10087, Non-NASA Separation Clearance Record. The contractor shall be responsible for making an inquiry of all offices listed on the form to see if the employee has any outstanding Government items. The employee shall then take this form to all offices that list he/she as having outstanding items. The employee's last stop is for the return of their Government issued I.D. badge. The contractor is also required to send a notice to the grc-ssc-separations@lists.nasa.gov within 1 day of employees' separation.

(2) The contractor shall ensure that the terminated and/or resigned employee has returned his/her badge to the Main Gate Badge Clerk. Final clearance of a contractor upon completion of a contract will depend in part upon accounting for all badges issued to employees during the performance of the contract. Security badges are Government property and any alteration or misuse of these badges may be prosecuted as a violation of Section 499, Title 18, U.S. Code.

(3) The contractor's on-site manager shall comply with the Badge and Property Regulations a copy of which will be given to the contractor's supervisors at the time of the Construction Site Showing.

(4) Upon termination of duties, each employee's badge will be collected and returned to the Main Gate by the contractor. Final clearance of a contractor upon completion of a contract will depend in part upon the accounting for all badges issued to employees during the performance of the contract. Security badges are Government property and any alteration or misuse of these badges may be prosecuted as a violation of Section 499, Title 18, U.S. Code.

(b) PERSONNEL LOCATION AND IDENTIFICATION

The contractor shall:

(1) Ensure that office space occupied by its personnel is clearly labeled with the name of the company.

(2) Ensure, to the extent practicable, that external correspondence signed by its personnel is on company letterhead. Internal correspondence, including e-mail and memoranda, must include the name of the company in the signature line or in another…