2024 07 24 Next Gen Draft RFP.docx

National Aeronautics and Space Administration George C. Marshall Space Flight Center Marshall Space Flight Center, AL 35812

July 24, 2024

PS51

You are invited to review and comment on the National Aeronautics and Space Administration (NASA) George C. Marshall Space Flight Center’s (MSFC) Next Generation Scalable Data Engineering, Operations, and Informatics Support for Open Science (Next Gen) solicitation. The principal purpose of this hybrid research and development and services requirement is to provide resources ensuring the Interagency Implementation and Advanced Concepts Team (IMPACT) maintains cutting-edge leadership in:

1. Science informatics;

2. Using machine learning and artificial intelligence techniques, including machine learning expertise with specialization in spatio-temporal algorithms;

3. Science data systems and domain science; and

4. Scientific data storage, archiving, and management.

Potential offerors are encouraged to comment on all aspects of the draft solicitation, including the requirements, schedules, proposal instructions, and evaluation approaches, any perceived safety, occupational health, security (including information technology security), environmental, export control, and/or other programmatic risk issues associated with performance of the work. Potential offerors should identify any unnecessary or inefficient requirements and are also encouraged to comment on the DRFP Contract Line Item Number (CLIN) structure, any unique terms and conditions, the clarity of the notional task orders and the Section M Evaluation Criteria.

This total small business set aside; competitive acquisition will result in an indefinite-delivery indefinite-quantity (IDIQ) contract with the ability to issue firm-fixed price (FFP) task orders. The contract will have an effective ordering period of five years from the contract effective date to include a 24-month Base Period, a 12-month Option Period 1, a 12-month Option Period 2, and a 12-month Option Period 3. The North American Industry Classification System (NAICS) code for this acquisition is 541715 and the small business size standard is 1,000 employees.

Potential offerors should ensure its company is listed in the online database(s) for the following:

(1) System for award management: https://www.sam.gov/SAM/

Rev.: 8/2020

(2) U.S. Department of Labor Veterans’ Employment and Training Service, VETS-4212 Reports: https://vets4212.dol.gov/vets4212/

(3) Date Universal Numbering System (and the transition to the US Government’s unique entity identifier (UEI)): https://www.gsa.gov/about-us/organization/federal-acquisition- service/office-of-systems-management/integrated-award-environment-iae/iae- information-kit/unique-entity-identifier-update The successful offeror must pass an Equal Employment Opportunity (EEO) clearance before contract award (See FAR 22.805).

The current planned release date for the final Request for Proposal (RFP) is on or about September 5, 2024, with proposals being due approximately October 10, 2024.

The contract is expected to be awarded on July 23, 2025, with an effective date of August 15, 2025. The contract will be performed offsite at the Contractor’s facilities and other remote locations as approved in writing by the Contracting Officer.

The following additional information is provided to assist in understanding this acquisition:

1. A 45-day phase-in period overlapping the current contract will be conducted. The phase- in period will have its own FFP CLIN. During phase-in period the contractor will not be responsible for performance of the effort described elsewhere in the PWS.

2. Government Furnished Property (GFP) will not be provided for this effort.

3. Proposals for the final RFP are required to be submitted through NASA’s Enterprise File Sharing and Sync Box (EFSS Box), a FedRAMP Moderate certified platform. Potential offerors, especially those that have not previously submitted a proposal utilizing NASA’s EFSS Box, are encouraged to review the solicitation instruction entitled “Electronic Proposal Delivery - Proposal Marking and Delivery Through NASA’s EFSS Box” which provides instructions related to the submission of proposal via EFSS Box. Offerors are encouraged to check with their corporate IT staff to determine if there are firewall restrictions that would need to be addressed prior to the submission of proposal files through NASA’s EFSS Box.

Documents related to this acquisition, including this letter, the solicitation, attachments, exhibits, any amendments and links to online reference/technical/bidders’ library will be attainable electronically from the World Wide Web through the Government-wide point of entry website at www.SAM.gov. Potential Offerors are requested to periodically monitor the website for updates.

NASA FAR Supplement (NFS) clause 1852.215-84, OMBUDSMAN, is applicable. The Ombudsman for this acquisition is Mr. Larry “Joe” Leopard, 256-544-3950.

This DRFP is not a solicitation and NASA is not requesting proposals. This DRFP does not commit NASA MSFC to pay any proposal preparation costs, nor does it obligate NASA MSFC to procure or contract for this requirement. This request is not an authorization to proceed and does not authorize payment for any charges incurred by the offeror for performing any of the work called for in this solicitation.

Any comments regarding the DRFP should be submitted electronically in writing to Brad Vest, Contracting Officer, at Bradley.D.Vest@nasa.gov, by 5:00 p.m. Central Time, July 30, 2024. If a respondent believes their comments contain confidential, proprietary, competition sensitive, or business information, those questions/comments shall be marked appropriately. However, questions that are marked as containing confidential, proprietary, competition sensitive or business information will not be provided a Government response. The Government will consider all comments received in preparation of the Final RFP. To the extent a comment leads the Government to revise the acquisition approach or requirements, the change will be reflected in the Final RFP. Some DRFP questions and comments may receive a posted response to the GPE if the contracting officer determines that a response would facilitate additional understanding of the solicitation. The Government may also respond via the GPE to comments and/or questions received following the issuance of the Final Request for Proposal.

Kathryn Cooper Contracting Officer PS51 Branch Chief

Enclosure:

Draft RFP 80MSFC24R0005 Template for Submission of Questions and Comments

ATTACHMENT A – TEMPLATE FOR SUBMISSION OF QUESTIONS AND COMMENTS

SOLICITATION, OFFER, AND AWARD

2. CONTRACT NUMBER

PAGE OF PAGES

6. (

MSFC

5. DATE ISSUED

4.

TYPE OF SOLICITATION

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR PROPOSAL

3. SOLICITATION NUMBER

80MSFC24R0005

RATING

1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.

)REQUISITION/PURCHASENUMBER

7. ISSUED BY CODE

NASA Marshall Space Flight Center Office of Procurement - Huntsville, AL 35812

8. ADDRESS OFFER TO (If other than item 7)

NASA

Marshall Space Flight Center Office of Procurement - Huntsville, AL 35812

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION CALL:

A. NAME

Brad Vest

Bradley.D.Vest@nasa.gov

11. TABLE OF CONTENTS

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 365 calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause Number 52.232-8)

15A. NAME AND ADDRESS OF OFFEROR

CODE

FACILITY

16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

AWARD (To be completed by Government)

25. PAYMENT WILL BE MADE BY CODE

24. ADMINISTERED BY (If other than Item 7)

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

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 $76,000,000. This contract provides for performance of fixed price indefinite-delivery indefinite- quantity (IDIQ) task orders. 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:

$250,000*** $19,741,500

10/1/2025 – 09/30/2027

$108,500

10/1/2027 – 09/30/2028

$13,445,750

10/1/2027 – 09/30/2028

$54,250

10/1/2028 – 09/30/2029

$15,445,750

10/1/2028 – 09/30/2029

$54,250

10/1/2029 – 09/30/2030

$17,945,750

10/1/2029 – 09/30/2030

$54,250

10/01/2023 – 03/31/2031**

$8,972,875

10/01/2023 – 03/31/2031

$27,125

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

80MSFC24R0005

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B- ** In accordance with Federal Acquisition Regulation (FAR) 52.217-8, Option to Extend Services, if this option is utilized by NASA, it may be exercised more than once, but the total extension of performance under this option shall not exceed six months. Minimum and Maximum Values for periods of less than six months will be prorated to reflect the reduced term, whereas the total potential value of this period will not exceed one-half of the prior option period's minimum and maximum ordering values.

***Minimum Value of $250,000 is for the entire contract and not “by CLIN” 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.

(b) The effort will be performed utilizing an indefinite-delivery, indefinite-quantity (IDIQ) contract with firm-fixed-price (FFP) task orders (TO).

(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) Clause 1852.216-80, Task Ordering Procedure - Alternate II. A listing of TOs awarded will be maintained as Attachment J-1B, Indefinite-Delivery, Indefinite-Quantity (IDIQ) Task Orders.

(d) IDIQ Labor Categories and Labor Rates: Labor categories and associated fully burdened labor rates to be used in development of IDIQ task orders are included in Attachment J-4, Schedule of Indefinite-Delivery, Indefinite-Quantity (IDIQ) Fully Burdened Labor Rates and Travel Burdens.

(e) Travel: All travel required to support this contract shall be authorized and accounted for within the travel IDIQ TOs. TO Travel burden rates shall not exceed those rates included in Attachment J- 4, Schedule of Indefinite-Delivery, Indefinite-Quantity (IDIQ) Fully Burdened Labor Rates and Travel Burdens. Profit shall not be applied to travel. Travel shall be performed in compliance with the Federal Travel Regulations (FTR). The Government will not pay for expenses that exceed FTRs.

(End of clause)

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:

STATUS

Period of Performance 08/15/2025 – 09/30/2025*

Period of Performance 10/1/2025 – 09/30/2027

Period of Performance 10/1/2025 – 09/30/2027

Period of Performance 10/1/2027 – 09/30/2028

Period of Performance 10/1/2027 – 09/30/2028

Period of Performance 10/1/2028 – 09/30/2029

Period of Performance 10/1/2028 – 09/30/2029

Period of Performance 10/1/2029 – 09/30/2030

Period of Performance 10/1/2029 – 09/30/2030

10/01/2030 – 03/31/2031**

10/01/2030 – 03/31/2031 Travel**

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

** In accordance with FAR 52.217-8, Option to Extend Services, if this option is utilized by NASA, it may be exercised more than once, but the total extension of performance under this option shall not exceed six months.

(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 task orders 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 task orders.

(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 52.246-7 Inspection of Research and Development – Fixed-Price, and 52.249- 9 Default (Fixed-Price Research and Development).

MSFC 52.211-93 DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK/PERFORMANCE WORK STATEMENT (MAY 2019) The Performance Work Statement is located in Attachment J-1, Performance Work Statement.

(End of clause)

80MSFC24R0005

PART I – THE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1

RESERVED

80MSFC24R0005

PART I – THE SCHEDULE SECTION D - PACKAGING AND MARKING

D-1

Clauses incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1):

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

52.246-7 INSPECTION OF RESEARCH AND DEVELOPMENT - FIXED-PRICE (AUG

1996)

(End of by reference clauses)

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:

80MSFC24R0005

PART I – THE SCHEDULE

SECTION E - INSPECTION AND ACCEPTANCE

E-1

52.242-15 STOP-WORK ORDER (AUG 1989)

(End of by reference clauses)

MSFC 52.211-94 PERIOD OF PERFORMANCE (MAY 2017)

The period of performance for this contract is from August 15, 2025, through September 30, 2027. (End of clause)

MSFC 52.237-91 PLACE OF PERFORMANCE (JUL 2018)

The Contractor shall perform the work under this contract at the contractor’s facilities or other remote locations as specified in IDIQ task orders, and at such other locations as may be approved in writing by the Contracting Officer.

(End of clause)

80MSFC24R0005

PART I – THE SCHEDULE

SECTION F - DELIVERIES OR PERFORMANCE

F-1

NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES:

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

(End of by reference clauses)

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

(a) The designated payment office is the NASA Shared Services Center (NSSC) located at FMD Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

(b) Except for classified vouchers, the Contractor shall submit all vouchers and invoices using the steps described at NSSC's Vendor Payment information Web site at: https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at 1- 877-NSSC123 (1-877-677-2123) with any additional questions or comments.

(c) Payment requests.

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

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

(i) Vouchers.

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

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

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

(D) Progress reports, as required.

(ii) Invoices.

80MSFC24R0005

PART I – THE SCHEDULE

SECTION G - CONTRACT ADMINISTRATION DATA

G-

(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.

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.”

Note: While performance will be off-site at the contractor’s facilities or other locations approved by the contracting officer (see MSFC 52.237-91, Place of Performance), the contractor shall comply with the applicable requirements delineated above based on required access to the NASA cloud.

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

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

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

(End of by reference clauses)

1852.225-70 EXPORT LICENSES (FEB 2000) ALTERNATE I (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 a 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.

(e) The Contractor may request, in writing, that the Contracting Officer authorizes it to export ITAR-controlled technical data (including software) pursuant to the exemption at 22 CFR 125.4(b)(3). The Contracting Officer or designated representative may authorize or direct the use of the exemption where the data does not disclose details of the design, development, production, or manufacture of any defense article.

(End of clause)

80MSFC24R0005

PART I – THE SCHEDULE

SECTION H - SPECIAL

CONTRACT REQUIREMENTS

H-

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

(a) Of the total price of items identified in individual task orders, the sum of $TBD (see Attachment J-1B Indefinite-Delivery, Indefinite Quantity (IDIQ Task Orders) is available for payment and allotted to this contract. It is anticipated that from time to time additional funds will be allocated to the contract in accordance with the following schedule, until the total price of said items is allotted:

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

(c) (1) It is contemplated that funds presently allotted to this contract will cover the work to be performed until (see Attachment J-1B Indefinite-Delivery, Indefinite-Quantity (IDIQ) 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 estimated date when the point referred to in paragraph (c)(2) of this clause will be reached and the estimated amount of additional funds required to continue performance to the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it.

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

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

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

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

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

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

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

(End of clause)

MSFC 52.209-92 DISCLOSURE OF ORGANIZATIONAL CONFLICT OF INTEREST (OCI) AFTER CONTRACT AWARD (MAY 2017)

(a) If the Contractor identifies an actual or potential organizational conflict of interest that has not already been adequately disclosed and resolved (or waived in accordance with FAR 9.503), the Contractor shall make a prompt and full disclosure in writing to the Contracting Officer. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order or resolve the conflict. This reporting requirement also includes subcontractors’ actual or potential organizational conflicts of interest not adequately disclosed and resolved prior to award.

(b) Organizational Conflict of Interest Plan. If there is an OCI plan in the contract, the Contractor shall periodically update the plan, based on changes such as changes to the legal entity, the overall structure of the organization, subcontractor arrangements, contractor management, ownership, ownership relationships or modification of the work scope.

MSFC 52.209-94 RESOLUTION OF ORGANIZATIONAL CONFLICTS OF INTEREST (MAR 2022)

(a) The Organizational Conflict of Interest (OCI) Plan and its obligations (which includes any appended resolution strategies related to identified OCIs), are hereby incorporated in the contract by reference.

(b) Changes. (1) Either the Contractor or the Government may propose changes to the OCI Plan. Such changes are subject to the mutual agreement of the parties and will become effective only upon incorporating the change into the plan by contract amendment.

(2) In the event that the Government and the Contractor cannot agree upon a mutually acceptable change, the Government reserves the right to make a unilateral change to the OCI Plan as necessary, with the approval of the head of the contracting activity, subject to Contractor appeal as provided in the Disputes clause.

(c) Violation. The Contractor shall report any violation of the OCI Plan, whether by its own personnel or those of the Government or other contractors, to the Contracting Officer (CO) as soon as possible, but no later than three business days after discovery of the incident. This report shall include a description of the violation and the actions the Contractor has taken or proposes to take to mitigate and avoid repetition of the violation. After conducting such further inquiries and discussions as may be necessary, the CO and the Contractor shall agree on appropriate corrective action, if any. If, in the event that the CO and Contractor cannot come to an agreement, the CO may unilaterally direct corrective action as it relates to the performance of the contract.

(d) Breach. Any breach of the above restrictions or any nondisclosure or misrepresentation of any relevant facts required regarding OCI to be disclosed may result in termination of this contract for default or other remedies as may be available under law or regulation.

(e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (e), in subcontracts where the work includes or may include tasks related to the OCI. The terms “Contractor” and “Contracting Officer” shall be appropriately modified to reflect the change in parties and to preserve the Government’s rights.

(End of clause)

MSFC 52.223-97 MANDATORY AND REQUIRED TRAINING (NOV 2019)

All Contractor personnel performing work onsite at MSFC or Michoud Assembly Facility (MAF) shall complete, in a timely manner, all applicable mandatory and required training courses listed below, as well as any other current or future training requirements specified in the Statement of Work, Performance Work Statement, Specifications, Applicable Documents (including NASA, MSFC and Organizational level directives), Data Requirements Descriptions, other contract clauses and/or the System for Administration, Training, and Educational Resources for NASA (SATERN).

SATERN provides web-based access to many required training courses. Contractor employees may be provided access to SATERN. The Contractor shall maintain training records for each employee, documenting the completion of this and any other required training. A list of the mandatory and required training including their titles, delivery method, frequency and target audience is accessible from the Mandatory Training Web page at https://nasa.sharepoint.com/sites/msfcohr/SitePages/Mandatory-Training.aspx The content of the list and the training itself are subject to change without notice. Training for its employees and subcontractors shall be the responsibility of the Contractor. Some certification courses are offered to the Contractor on a limited space available basis, and MSFC makes no obligation to provide this training to Contractor personnel. MSFC Contractors may develop their own training for those courses not provided or obtain it from a qualified outside vendor. Contractor developed or acquired training does not give rise to an equitable adjustment to contract value.

52.202-1 DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

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

52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021)

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)

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

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE- DELIVERY CONTRACTS (OCT 2016)

80MSFC24R0005

PART II – CONTRACT CLAUSES SECTION I - CONTRACT

CLAUSES

I-

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG

2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS- PROHIBITION (DEC 2023)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

52.210-1 MARKET RESEARCH (NOV 2021)

52.215-2 AUDIT AND RECORDS - NEGOTIATION (JUN 2020)

52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997)

52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG 2011)

52.215-11 PRICE REDUCTION FOR KDEFECTIVE CERTIFIED COST AND PRICING DATA-MODIFICATIONS (JUN 2020)

52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (JUN 2020)

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA- MODIFICATIONS (JUN 2020)

52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)

52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)

52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS (JULY 2005)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA (NOV 2021)

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

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (FEB 2024)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB

2024) ALTERNATE I (MAR 2020)

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

52.222-3 CONVICT LABOR (JUN 2003)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEP 2016)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) ALTERNATE I (JULY 2014)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022)

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

52.226-7 DRUG-FREE WORKPLACE (MAY 2024)

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024)

52.227-1 AUTHORIZATION AND CONSENT (JUN 2020) ALTERNATE I (APR 1984).

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN 2020)

52.227-16 ADDITIONAL DATA REQUIREMENTS (JUNE 1987)

52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUNE 1987)

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

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS-NOTICE AND REPRESENTATION (JUN 2020_

52.232-1 PAYMENTS (APR 1984)

52.232-2 PAYMENTS UNDER FIXED-PRICE RESEARCH AND DEVELOPMENT CONTRACTS (APR 1984)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)

52.232-11 EXTRAS (APR 1984)

52.232-17 INTEREST (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)

52.233-1 DISPUTES (MAY 2014)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

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

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

52.237-3 CONTINUITY OF SERVICES (JAN 1991)

52.239-1 PRIVACY AND SECURITY SAFEGUARDS (AUG 1996)

52.242-13 BANKRUPTCY (JUL 1995)

52.243-1 CHANGES - FIXED-PRICE (AUG 1987) ALTERNATE I (APR 1984)

52.243-7 NOTIFICATION OF CHANGES (JAN 2017)

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

52.246-23 LIMITATION OF LIABILITY (FEB 1997)

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

52.246-26 REPORTING NONCONFORMING ITEMS (NOV 2021)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED- PRICE) (APR 2012)

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

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

1852.203-70 DISPLAY OF INSPECTOR GENERAL HOTLINE POSTERS (JUN 2001)

1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUL 2023)

1852.215-84 OMBUDSMAN (NOV 2023)

1852.223-74 DRUG- AND ALCOHOL-FREE WORKFORCE (OCT 2023)

1852.227-75 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND PATENT REPRESENTATIVE (APR 2015)

1852.235-70 CENTER FOR AEROSPACE INFORMATION (DEC 2006)

1852.237-72 ACCESS TO SENSITIVE INFORMATION (JUN 2005)

1852.237-73 RELEASE OF SENSITIVE INFORMATION (JUN 2005)

(End of by reference clauses)

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the contracting officer and shall not be binding until so approved.

(End of clause)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause - Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.

3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the- shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through the end of the contract period of performance.

(b) All task orders are subject to the terms and conditions of this contract. In the event of conflict between a task order and this contract, the contract shall control.

(c) A task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or work package to a Government document access system, and notice is sent to the contractor; or

(ii) Distributes the task order via email to the contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500; the Government is not obligated to purchase, nor is the contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The contractor is not obligated to honor any order or a combination of orders from the same ordering office, in excess of $19.75 million, within any base or option period under this contract.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 business days after issuance, with written notice stating the contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(…