80MSFC25R0005 FOMSS II Request for Proposal_Amendment P00003.docx
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- Facilities And Operations Maintenance Support Services II (FOMSS II) Federal contract opportunity
- Solicitation number
- 80MSFC25R0005
About this file
This is Amendment P00003 to a NASA solicitation for Facilities and Operations Maintenance Support Services II (FOMSS II) at Marshall Space Flight Center. The amendment incorporates FAR provisions related to biobased product certification and reporting.
The contract is structured as a hybrid firm-fixed-price (FFP) with indefinite-delivery, indefinite-quantity (IDIQ) components, with a total potential value of $110.15 million. The period of performance is from September 16, 2025 through October 31, 2030, with a 45-day phase-in period and five one-year ordering periods. The contract includes a $150,000 phase-in period followed by annual IDIQ maximums of $20M per year, plus a potential 6-month extension period capped at $10M. The work involves facilities operations, maintenance, and repair services for approximately 4.4 million square feet across 344 buildings at MSFC, including rocket engine test stands, laboratories, warehouses, and office complexes. Environmental services include operating a hazardous waste storage facility and waste disposal. The acquisition is a total 8(a) set-aside under NAICS 561210 with a size standard of $47M. Proposals are due January 8, 2025 at 2:00 PM Central Time, with questions due by December 12, 2024.
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SECTION M - EVALUATION FACTORS FOR AWARD
80MSFC25R0005-P00003
80MSFC25R0005-P00003
14. DESCRIPTION OF AMENDMENT/MODIFICATION (CONTINUED):
(a) The purpose of this amendment is to incorporate the following FAR Provision 52.223-1 Biobased Product Certification (May 2024) and FAR Clause 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (May 2024) into the MSFC FOMSS II solicitation Amendment P00003.
(b) Failure by the offeror to acknowledge receipt of this amendment either on the Standard Form 1449, Solicitation/Contract/Order for Commercial Products and Commercial Services, SF30, Amendment of Solicitation/Modification of Contract, or transmittal letter by the due date for receipt of proposals may result in a determination that the proposal is unacceptable and therefore ineligible for award.
(c) All other terms and conditions of RFP 80MSFC25R0005 remain unchanged.
80MSFC25R0005-P00003
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
1852.216-78 FIRM FIXED PRICE (DEC 1988)
The total firm fixed price of this contract is $ (To Be Proposed [TBP]).
(End of clause) Note: The TBP amount should be the price of phase-in and the Core Mission Services for the base period of the contract.
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 $110,150,000*. This contract provides for performance of firm fixed price and/or time and material indefinite-delivery, indefinite-quantity (IDIQ) task/delivery orders. The NTE value shall not be exceeded without the prior written approval of the Contracting Officer. IDIQ Minimum obligation will be satisfied via the first incremental funding under the Base Period Core Mission Services. The IDIQ component of this contract shall also include service requests (SRs), which consist of work items that may be purchased using a pre-priced catalog of work items.
The values for each period of performance are set forth below:
| CONTRACT PERIOD |
| PERIOD OF PERFORMANCE |
| MAXIMUM VALUE* |
| Phase-In - CLIN 0001 |
| September 16, 2025, through October 31, 2025 |
| $150,000 |
| IDIQ Base Contract - CLIN 0003 |
| November 01, 2025, through October 31, 2026 |
| $20,000,000 |
| IDIQ Option 1 - CLIN 0005 |
| November 01, 2026, through October 31, 2027 |
| $20,000,000 |
| IDIQ Option 2 - CLIN 0007 |
| November 01, 2027, through October 31, 2028 |
| $20,000,000 |
| IDIQ Option 3 - CLIN 0009 |
| November 01, 2028, through October 31, 2029 |
| $20,000,000 |
| IDIQ Option 4 - CLIN 0011 |
| November 01, 2029, through October 31, 2030 |
| $20,000,000 |
FAR 52.217-8 -
Option to Extend Services – CLIN 0013**
| November 01, 2030, through April 30, 2031 |
| $10,000,000 |
Notes: * Unused IDIQ contract value may be rolled forward to any subsequent period, without change to the Maximum Potential NTE Value.
** 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.
(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 using a hybrid contract consisting of a firm-fixed-price (FFP) Core Mission Services with an indefinite-delivery, indefinite-quantity (IDIQ) component using task orders to perform: |
| (1) | FFP work requests; or |
| (2) | Time and Materials (T&M) work requests; or |
| (3) | A combination of FFP and T&M work requests; or |
| (4) | Service requests, which is IDIQ work ordered using a pre-priced catalog. |
| (c) | This performance-based contract provides two basic methods for the acquisition of these services. |
| (1) | The first method is Core Mission Services. Under this method, the Contractor is required to furnish all the services described in Attachment J-1, “Performance Work Statement,” identified as Core Mission Services. If the furnished or delivered quantity of any of the items identified in the table below and as identified in Attachment J-1, “Performance Work Statement,” varies more than five percent above or below for each of the following number of units, an adjustment in the contract price (upward or downward) may be made upon request of either party. The adjustment shall be based upon any increase or decrease in price due solely to the variation above 105 percent or below 95 percent of the number of units. The adjustment shall be determined using the “Performance Requirements Summary-Schedule of Values for Core Mission Services” table in Attachment J-21, “Performance Requirements Summary,” by multiplying the unit price (i.e., total per year price divided by the number of units) by the variation (i.e., the number of units above 105 percent or below 95 percent). |
Note: If the Contractor furnishes unit priced items above 105 percent, the Government may require the Contractor to furnish additional quantities of such items under the IDIQ ordering clauses of the contract. Payment will be made in accordance with the IDIQ provisions of the contract, and the Contractor shall not be entitled to an adjustment under the Core Mission Services portion of the contract.
| PWS ITEM NUMBER (PIN) |
| WO Type |
| NUMBER OF UNITS |
| UNIT OF MEASUREMENT |
| PRICE THRESHOLD |
| X.0401, Trouble Calls |
| TC |
| 13,300 |
| Total Per Year |
| $5,000 |
| X.0602, Responses to Spills and Releases |
| TC |
| 10 |
| Total Per Year |
| $5,000 |
| X.0702, Trouble Call Operations Fire Alarm System |
| TOF |
| Unlimited* |
| Total Per Year |
| $5,000 |
| X.0703, Trouble Call Operations Gas Alarm Systems |
| TOG |
| Unlimited* |
| Total Per Year |
| $5,000 |
| X.1013, Trouble Call Heavy Equipment Operation Service |
| TCE |
| 225 |
| Total Per Year |
| $5,000 |
| X.1201, Trouble Call Operations HVAC Systems |
| TOH |
| Unlimited* |
| Total Per Year |
| $5,000 |
X.1208, Fire Damper PM
| 825 |
| Pieces of equipment |
| TBD |
NOTES: * These items are tied to an operations requirement for well-defined categories of equipment and are used for tracking and reporting purposes only until the Price Threshold is exceeded.
** The acronyms used in the column titled “WO Type” are defined in the column titled “PWS ITEM NUMBER (PIN),” and further explained in Attachment J-1, “Performance Work Statement,” Section 2.0, “Definitions and Acronyms.”
| (i) | The Government may choose to adjust the number of units for any work item identified above when exercising options. In this case, the new PIN value shall be determined by dividing the PIN value from the “Performance Requirements Summary-Schedule of Values for Core Mission Services” table in Attachment J-21, “Performance Requirements Summary,” by the number of units and multiplying the result by the adjusted number of units. The Contractor’s Core Mission Services price will be adjusted by the same amount. |
| (ii) | If the gross square footage of building space at Marshall Space Flight Center (including US Army/Redstone Arsenal buildings on loan) subject to the Core Mission Services portion of this contract varies on an annual basis by more than three percent above or below 4,438,627 gross square feet, an adjustment in the contract price (upward or downward) may be made upon request of either party. The adjustment shall be based upon any increase or decrease in price due solely to the variation above or below three percent of the gross square footage. |
| (iii) | For purposes of determining the applicability of this clause, there shall not be included in the count of services performed or item(s) delivered (1) any services or items which the Contractor is required to provide to remedy the consequences of any act or omission on the part of the Contractor, or its agents, employees, or subcontractors, or (2) any items or services which the Contractor performs or delivers in order to support its own operations (rather than satisfy the requirements of this contract). Examples under category (1) include any repair or restorative work which might be required due to the negligence of Contractor employees; examples under category (2) include services expended by the Contractor to move or relocate its personnel on- site, and the acquisition of equipment and supplies to accommodate the needs of the Contractor’s employees. |
| (2) | The second method for acquiring services is through the use of the IDIQ component through various task orders. Work requests under the IDIQ component will be issued as FFP and/or T&M. The purpose of this provision is to allow the Government to acquire IDIQ services as addressed in Attachment J-1, “Performance Work Statement,” as IDIQ requirements cannot be adequately defined for inclusion in the Core Mission Services portion of the contract. |
(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:
| CLIN |
| DESCRIPTION |
| VALUE |
| OPTION STATUS |
| 001 |
| Phase-In* |
September 16, 2025, through October 31, 2025
| $TBP |
| N/A |
| 002 |
| Base Period Core Mission Services |
November 01, 2025, through October 31, 2026
| $TBP |
| N/A |
| 003 |
| Base Period IDIQ |
November 01, 2025, through October 31, 2026
| NTE $20M |
| N/A |
| 004 |
| Option Period 1 Core Mission Services November 01, 2026, through October 31, 2027 |
| $TBP |
| Not Exercised |
| 005 |
| Option Period 1 IDIQ |
November 01, 2026, through October 31, 2027
| NTE $20M |
| Not Exercised |
| 006 |
| Option Period 2 Core Mission Services |
November 01, 2027, through October 31, 2028
| $TBP |
| Not Exercised |
| 007 |
| Option Period 2 IDIQ |
November 01, 2027, through October 31, 2028
| NTE $20M |
| Not Exercised |
| 008 |
| Option Period 3 Core Mission Services |
November 01, 2028, through October 31, 2029
| $TBP |
| Not Exercised |
| 009 |
| Option Period 3 IDIQ |
November 01, 2028, through October 31, 2029
| NTE $20M |
| Not Exercised |
| 010 |
| Option Period 4 Core Mission Services |
November 01, 2029, through October 31, 2030
| $TBP |
| Not Exercised |
| 011 |
| Option Period 4 IDIQ |
November 01, 2029, through October 31, 2030
| NTE $20M |
| Not Exercised |
| 012 |
| FAR 52.217-8 – Option to Extend Services - Core Mission Services |
| $TBD |
| Not Exercised** |
| 013 |
| FAR 52.217-8 – Option to Extend Services - IDIQ |
| NTE $10M |
| Not Exercised** |
| Total Value of Base and All Exercised Options |
| $TBP |
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 (JUNE 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 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, Alternate I. |
| SECTION B – SUPPLIES OR SERVICES AND PRICES/COST | |
| 80MSFC25R0005-P00003 |
B-2
SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
MSFC 52.211-93 DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK (MAY 2019)
The Performance Work Statement (PWS) is located at Section J, Attachment J-1.
(End of clause)
| SECTION C – DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK |
| 80MSFC25R0005-P00003 |
C-2
SECTION D – PACKAGING AND MARKING
Clauses incorporated by reference:
NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES:
1852.211-70 PACKAGING, HANDLING, AND TRANSPORTATION (SEP 2005)
(End of by reference clauses)
1852.245-74 IDENTIFICATION AND MARKING OF GOVERNMENT EQUIPMENT (JAN 2011)
| (a) | The Contractor shall identify all equipment to be delivered to the Government using NASA Technical Handbook (NASA-HDBK) 6003, Application of Data Matrix Identification Symbols to Aerospace Parts Using Direct Part Marking Methods/Techniques, and NASA Standard (NASA-STD) 6002, Applying Data Matrix Identification Symbols on Aerospace Parts or through the use of commercial marking techniques that: (1) are sufficiently durable to remain intact through the typical lifespan of the property: and, (2) contain the data and data format required by the standards. This requirement includes deliverable equipment listed in the schedule and other equipment when no longer required for contract performance and NASA directs physical transfer to NASA or a third party. The Contractor shall identify property in both machine and human readable form unless the use of a machine readable-only format is approved by the NASA Industrial Property Officer. |
| (b) | Equipment shall be marked in a location that will be human readable, without disassembly or movement of the equipment, when the items are placed in service unless such placement would have a deleterious effect on safety or on the item's operation. |
| (c) | Concurrent with equipment delivery or transfer, the Contractor shall provide the following data in an electronic spreadsheet format: |
(1) Item Description.
(2) Unique Identification Number (License Tag).
(3) Unit Price.
(4) An explanation of the data used to make the unique identification number.
| (d) | For equipment no longer needed for contract performance and physically transferred under paragraph (a) of this clause, the following additional data is required: |
| (1) | Date originally placed in service. |
| (2) | Item condition. |
| (e) | The data required in paragraphs (c) and (d) of this clause shall be delivered to the NASA center receiving activity listed below: |
NASA/Marshall Space Flight Center Attn: AS41/Cynthia Davis Industrial Property Officer Central Receiving – Building 4631 Marshall Space Flight Center, AL 35812
(f) The contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that require delivery of equipment.
(End of clause)
| SECTION D – PACKAGING AND MARKING |
| 80MSFC25R0005-P00003 |
D-2
SECTION E – INSPECTION AND ACCEPTANCE
Clauses incorporated by reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1):
52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)
52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)
(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:
| Item |
| Quality Assurance Function |
| Location |
| All Services |
| Inspection/Acceptance |
| See Section F, MSFC 52.237-91, Place of Performance |
1852.246-72 MATERIAL INSPECTION AND RECEIVING REPORT (APR 2015)
| (a) | At the time of each delivery to the Government under this contract, the Contractor shall prepare and furnish a Material Inspection and Receiving Report (DD Form 250 series). The forms shall be prepared and distributed as follows: (1 copy to the Contracting Officer, 1 copy to the Contracting Officer’s Representative, and 1 copy to the Industrial Property Officer). |
| (b) | The Contractor shall prepare the DD Form 250 in accordance with NASA FAR Supplement 1846.6. The Contractor shall enclose the copies of the DD Form 250 in the package or seal them in a waterproof envelope, which shall be securely attached to the exterior of the package in the most protected location. |
| (c) | When more than one package is involved in a shipment, the Contractor shall list on the DD Form 250, as additional information, the quantity of packages and the package numbers. The Contractor shall forward the DD Form 250 with the lowest numbered package of the shipment and print the words "CONTAINS DD FORM 250" on the package. |
(End of clause)
| SECTION E – INSPECTION AND ACCEPTANCE |
| 80MSFC25R0005-P00003 |
E-2
SECTION F – DELIVERIES OR PERFORMANCE
Clauses incorporated by reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1): 52.242-15 STOP-WORK ORDER (AUG 1989)
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
52.247-34 F.O.B. DESTINATION (JAN 1991)
(End of by reference clauses)
MSFC 52.211-94 PERIOD OF PERFORMANCE (MAY 2017)
The period of performance for this contract is from September 16, 2025, through October 31, 2030.
(End of clause)
MSFC 52.237-91 PLACE OF PERFORMANCE (JUL 2018)
The Contractor shall perform the work under this contract at Marshall Space Flight Center (MSFC), and at such other locations as may be approved in writing by the Contracting Officer.
(End of clause)
| SECTION F – DELIVERIES OR PERFORMANCE |
| 80MSFC25R0005-P00003 |
F-2
SECTION G – CONTRACT ADMINISTRATION DATA
Clauses incorporated by reference:
NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES:
1852.223-71 AUTHORIZATION FOR RADIO FREQUENCY USE (APR 2015)
1852.245-75 PROPERTY MANAGEMENT CHANGES (JAN 2011)
1852.245-78 PHYSICAL INVENTORY OF CAPITAL PERSONAL PROPERTY (AUG 2015)
(End of by reference clauses)
52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (APR 2012)
| (a) | This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an "as-is, where is" condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation. |
| (b) | The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance. |
| (c) | Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense. |
| (d) | Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract. |
| (e) | Government property provided under this clause: |
Is identified in Attachment J-6-C, “As Is Government-Furnished Property List.”
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 Web site at: https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at 1–877–NSSC123 (1–877–677–2123) with any additional questions or comments. |
| (c) | Payment requests. |
| (1) | The payment periods are stipulated in the payment clause(s) contained in this contract. |
| (2) | Vouchers submitted under cost type contracts and invoices submitted under fixed-price contracts shall include the items delineated in FAR 32.905(b) supported by relevant back-up documentation. Back-up documentation shall include at a minimum, the following information: |
| (i) | Vouchers. |
| (A) | Breakdown of billed labor costs and associated contractor generated supporting documentation for billed direct labor costs to include rates used and number of hours incurred. |
| (B) | Breakdown of billed other direct costs (ODCs) and associated contractor generated supporting documentation for billed ODCs. |
| (C) | Indirect rate(s) used to calculate the amount of billed indirect expenses. |
| (D) | Progress reports, as required. |
| (ii) | Invoices. |
| (A) | Description of goods and services delivered as part of the contract's terms and conditions, including the dates of delivery/performance. |
| (B) | Progress reports, as required. |
| (C) | Date goods and services were performed. |
| (iii) | Fee vouchers. |
| (A) | Listing of all provisionally-billed fee by period or date earned since contract award. |
| (B) | A reconciliation of all billed and earned fee. |
| (C) | 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 Materials Inventory Management Manual.
NASA Procedural Requirements (NPR) 4200.1, NASA Equipment Management Procedural Requirements.
NASA Procedural Requirement (NPR) 4300.1, NASA Personal Property Disposal Procedural Requirements.
Property not recorded in NASA property systems must be managed in accordance with the requirements of the clause at FAR 52.245-1, as incorporated in this contract.
The Contractor shall establish and adhere to a system of written procedures to assure continued, effective management control and compliance with these user responsibilities. In accordance with FAR 52.245-1(h)(1) the contractor shall be liable for property lost, damaged, destroyed or stolen by the contractor or their employees when determined responsible by a NASA Property Survey Board, in accordance with the NASA guidance in this clause.
| (b) | (1) | The official accountable recordkeeping, financial control, and reporting of the property subject to this clause shall be retained by the Government and accomplished within NASA management information systems prescribed by the installation Supply and Equipment Management Officer (SEMO) and Financial Management Officer. If this contract provides for the Contractor to acquire property, title to which will vest in the Government, the following additional procedures apply: |
| (i) | The Contractor's purchase order shall require the vendor to deliver the property to the installation central receiving area. | |
| (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: | |
| [X] | (1) | Office space, work area space, and utilities. Government telephones are available for official purposes only. (see Attachment J-7, “Government-Furnished Facilities”) |
| [X] | (2) | Office furniture. |
| [X] | (3) | Property listed in Attachment J-6, “Installation-Accountable Government Property” and J-6-A, “Installation-Accountable Government Property List” |
| (i) | If the Contractor acquires property, title to which vests in the Government pursuant to other provisions of this contract, this property also shall become accountable to the Government upon its entry into Government records. | |
| (ii) | The Contractor shall not bring to the installation for use under this contract any property owned or leased by the Contractor, or other property that the Contractor is accountable for under any other Government contract, without the Contracting Officer's prior written approval. | |
| [ ] | (4) | Supplies from stores stock. |
| [ ] | (5) | Publications and blank forms stocked by the installation. |
| [X] | (6) | Safety and fire protection for Contractor personnel and facilities. |
| [X] | (7) | Installation service facilities: Attachment J-6, “Installation-Accountable Government Property.” |
| [X] | (8) | Medical treatment of a first-aid nature for Contractor personnel injuries or illnesses sustained during on-site duty. NOTE: The Government will provide respiratory protection services. Such services will include issuance of appropriate respiratory protection devices, quantitative and qualitative fit testing, training, maintenance, and repair. |
| [X] | (9) | Cafeteria privileges for Contractor employees during normal operating hours. |
| [ ] | (10) | Building maintenance for facilities occupied by Contractor personnel. |
| [X] | (11) | Moving and hauling for office moves, movement of large equipment, and delivery of supplies. Moving services may be provided on-site, as approved by the Contracting Officer. |
(End of clause) 1852.245-73 FINANCIAL REPORTING OF NASA PROPERTY IN THE CUSTODY OF CONTRACTORS (JAN 2017)
| (a) | The Contractor shall submit annually a NASA Form (NF) 1018, NASA Property in the Custody of Contractors, in accordance with this clause, the instructions on the form and NFS subpart 1845.71, and any supplemental instructions for the current reporting period issued by NASA. | |
| (b) | (1) | Subcontractor use of NF 1018 is not required by this clause; however, the Contractor shall include data on property in the possession of subcontractors in the annual NF 1018. |
| (2) | The Contractor shall mail the original signed NF 1018 directly to the cognizant NASA Center Industrial Property Officer and a copy to the cognizant NASA Center Deputy Chief Financial Officer, Finance, unless the Contractor uses the NF 1018 Electronic Submission System (NESS) for report preparation and submission. | |
| (3) | One copy shall be submitted (through the Department of Defense (DOD) Property Administrator if contract administration has been delegated to DOD) to the following address: |
AS41/Cynthia Davis, Industrial Property Officer, Central Receiving – Building 4631, Marshall Space Flight Center, AL 35812, unless the Contractor uses the NF 1018 Electronic Submission System (NESS) for report preparation and submission.
| (c) | (1) | The annual reporting period shall be from October 1 of each year through September 30 of the following year. The report shall be submitted in time to be received by October 31st. The information contained in these reports is entered into the NASA accounting system to reflect current asset values for agency financial statement purposes. Therefore, it is essential that required reports be received no later than October 31st. |
| (2) | Some activity may be estimated for the month in which the report is submitted, if necessary, to ensure the NF 1018 is received when due. However, contractors’ procedures must document the process for developing these estimates based on planned activity such as planned purchases or NASA Form 533 (NF 533) Contractor Financial Management Report) cost estimates. It should be supported and documented by historical experience or other corroborating evidence, and be retained in accordance with FAR Subpart 4.7, Contractor Records Retention. Contractors shall validate the reasonableness of the estimates and associated methodology by comparing them to the actual activity once that data is available, and adjust them accordingly. In addition, differences between the estimated cost and actual cost must be adjusted during the next reporting period. Contractors shall have formal policies and procedures, which address the validation of NF 1018 data, including data from subcontractors, and the identification and timely reporting of errors. The objective of this validation is to ensure that information reported is accurate and in compliance with the NASA FAR Supplement. If errors are discovered on NF 1018 after submission, the contractor shall contact the cognizant NASA Center Industrial Property Officer (IPO) within 30 days after discovery of the error to discuss corrective action. | |
| (3) | In addition to an annual report, if at any time during performance of the contract, NASA-owned property in the custody of the Contractor has a value of $10 million or more, the Contractor shall also submit a report no later than the 21st of each month in accordance with the requirements of paragraph (c)(2) of this clause. | |
| (4) | The Contracting Officer may, in NASA’s interest, withhold payment until a reserve not exceeding $25,000 or 5 percent of the amount of the contract, whichever is less, has been set aside, if the Contractor fails to submit annual NF 1018 reports in accordance with NFS subpart 1845.71, any monthly report in accordance with (c)(3) of this clause, and any supplemental instructions for the current reporting period issued by NASA. Such reserve shall be withheld until the Contracting Officer has determined that NASA has received the required reports. The withholding of any amount or the subsequent payment thereof shall not be construed as a waiver of any Government right. | |
| (d) | A final report shall be submitted within 30 days after disposition of all property subject to reporting when the contract performance period is complete in accordance with paragraph (b)(1) through (3) of this clause. |
(End of clause) 1852.245-76 LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO FAR 52.245–1 (JAN 2011) For performance of work under this contract, the Government will make available Government property identified below or in Attachment J-6-B, “Government Property List,” of this contract on a no charge-for-use basis pursuant to the clause at FAR 52.245–1, Government Property, as incorporated in this contract. The Contractor shall use this property in the performance of this contract at Marshall Space Flight Center and at other location(s) as may be approved by the Contracting Officer. Under FAR 52.245–1, the Contractor is accountable for the identified property.
(End of clause) 1852.245-77 LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO FAR 52.245–2 (JAN 2011) For performance of work under this contract, the Government will make available Government property identified below or in Attachment J-6-C, “As Is Government-Furnished Property List,” of this contract on a no charge-for-use basis pursuant to FAR 52.245–2, Government Property Installation Operation Services, as incorporated in this contract. The Contractor shall use this property in the performance of this contract at Marshall Space Flight Center and at other location(s) as may be approved by the Contracting Officer.
(End of clause)
1852.245-82 OCCUPANCY MANAGEMENT REQUIREMENTS (SEP 2017)
| (a) | In addition to the requirements of the clause at FAR 52.245-1, Government Property, as included in this contract, the Contractor shall comply with the following in performance of work in and around Government real property: |
| (1) | NPD 8800.14, Policy for Real Estate Management. |
| (2) | NPD 8831.2, Facilities Maintenance and Operations Management. |
| (b) | The Contractor shall obtain the written approval of the Contracting Officer before installing or removing Contractor-owned property onto or into any Government real property or when movement of Contractor-owned property may damage or destroy Government-owned property. The Contractor shall restore damaged property to its original condition at the Contractor's expense. |
| (c) | The Contractor shall not acquire, construct or install any fixed improvement or structural alterations in Government buildings or other real property without the advance, written approval of the Contracting Officer. Fixed improvement or structural alterations, as used herein, means any alteration or improvement in the nature of the building or other real property that, after completion, cannot be removed without substantial loss of value or damage to the premises. Title to such property shall vest in the Government. |
| (d) | The Contractor shall report any real property or any portion thereof when it is no longer required for performance under the contract, as directed by the Contracting Officer. |
(End of clause)
1852.245-83 REAL PROPERTY MANAGEMENT REQUIREMENTS (JAN 2011)
| (a) | In addition to the requirements of the FAR Government Property Clause incorporated in this contract (FAR 52.245-1), the Contractor shall comply with the following in performance of any maintenance, construction, modification, demolition, or management activities of any Government real property: |
| (1) | NPD 8800.14, Policy for Real Property Management. |
| (2) | NPR 8831.2, Facility Maintenance Management. |
| (b) | Within 30 calendar days following award, the Contractor shall provide a plan for maintenance of Government real property provided for use under this contract. The Contractor's maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the Contracting Officer the need for replacement and/or capital rehabilitation. Upon acceptance by the Contracting Officer, the program shall become a requirement under this contract. |
| (c) | Title to parts replaced by the Contractor in carrying out its normal maintenance obligations shall pass to and vest in the Government upon completion of their installation in the facilities. The Contractor shall keep the property free and clear of all liens and encumbrances. |
| (d) | The Contractor shall keep records of all work done to real property, including plans, drawings, charts, warranties, and manuals. Records shall be complete and current. Record of all transactions shall be auditable. The Government shall have access to these records at all reasonable times, for the purposes of reviewing, inspecting, and evaluating the Contractor's real property management effectiveness. When real property is disposed of under this contract, the Contractor shall deliver the related records to the Government. |
| (e) | The Contracting Officer may direct the Contractor in writing to reduce the work required by the maintenance program authorized in paragraph (b) of this clause at any time. |
(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.”
| SECTION G – CONTRACT ADMINISTRATION DATA |
| 80MSFC25R0005-P00003 |
G-2
SECTION H – SPECIAL CONTRACT REQUIREMENTS
Clauses incorporated by reference:
NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES:
1852.208-81 RESTRICTIONS ON PRINTING AND DUPLICATING (NOV 2004)
1852.223-72 SAFETY AND HEALTH (SHORT FORM) (JUL 2015)
1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY (FEB 2002) ALTERNATE I (FEB 2006)
1852.223-76 FEDERAL AUTOMOTIVE STATISTICAL TOOL REPORTING (JUL 2003)
1852.242-72 DENIED ACCESS TO NASA FACILITIES (OCT 2015)
(End of by reference clauses)
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 Marshall Space Flight Center, 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 CLIN 0001 through CLIN 0003, the sum of $TBD 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: |
| Date | |
| Amounts |
| TBD |
| $TBD |
| (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 TBD. |
| (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 52.209-91 ASSOCIATE CONTRACTOR AGREEMENTS (ACA) (APRIL 2017)
| (a) | The contractor shall enter into an ACA for any portion of the contract requiring cooperation and coordination with another NASA contractor in order to achieve successful contract performance. |
| (b) | ACA shall include the following: |
| (1) | Identification of the parties and the relevant NASA contract (see paragraph (e)). |
| (2) | The specific area(s) of the contract requiring cooperation and coordination. |
| (3) | A description of the proposed interfaces for each area. |
| (4) | The specific nature of the cooperation and coordination for each area in terms of sharing technical data, knowledge, expertise, and/or other resources. |
| (5) | Obligations regarding the protection of proprietary information and/or other restrictions on personnel. |
| (6) | The identification of any organizational conflict of interest (OCI) created as a result of the ACA. (Resolution of identified OCIs shall be appended to the OCI plan in accordance with Section J Data Procurement Document (DPD), Data Requirements Description - DRD 1856MA-002 Organizational Conflict of Interest (OCI) Plan). |
| (7) | Expiration date or event. |
| (c) | Prior to execution, a copy of each ACA shall be provided to the Contracting Officer for review and comment. However, notwithstanding the review and comment by the Contracting Officer, the Contractor shall remain fully responsible for the ACA and the successful performance of this contract. Furthermore, the Government shall not be liable in any manner for either a breach of the ACA by a party or the failure to resolve a disagreement with an associate contractor. |
| (d) | Initial ACAs shall be in place within three months of contract award. Subsequent ACAs required during contract performance shall be executed within three months of written notification from the Contracting Officer. |
| (e) | An initial ACA is required for each of the following relevant NASA contracts: |
| Company |
| Contract Number |
| Contract Name |
| All Native Synergies Company |
| 80GRC025DA002 |
| Custodial and Refuse Collection Services (CRCS) |
| Akima Global Logistics, LLC |
| 80MSFC24DA025 |
| Marshall Logistics Support Services (MLSS) II |
| RSi-QuantiTech JV, LLC |
| 80MSFC23CA004 |
| Marshall Engineering Technicians and Trades Support (METTS) III |
| Accura-Rosser JV |
| NNM17AA04C |
| Facility Engineering Design and Inspection Services (FEDIS) |
| USAG-RSA (via AbilityOne) |
| 80MSFC24TA002 |
| MSFC Grounds Maintenance Services |
| Apache Electrical Contractors, Inc. |
| 80MSFC24DA003 |
| Minor Construction Contract V (MCC-V) |
| Bacik Group LLC |
| 80MSFC24DA004 |
| Dison Group, LLC |
| 80MSFC24DA005 |
| DRI, Inc. |
| 80MSFC24DA020 |
| IST / Visilty JV, LLC |
| 80MSFC24DA007 |
| Jesse Stutts, Inc. |
| 80MSFC24DA008 |
| M&D Mechanical Contractors, Inc. |
| 80MSFC24DA009 |
| Madison Electric, Inc. |
| 80MSFC24DA010 |
| Pettus Plumbing & Piping Inc. |
| 80MSFC24DA011 |
| PPW Builders Inc. |
| 80MSFC24DA012 |
| S.R. Davis, Inc. |
| 80MSFC24DA013 |
| Southeastern Industrial Construction, LLC |
| 80MSFC24DA014 |
| Spectrum Solutions, Inc. |
| 80MSFC24DA015 |
| Tennessee Valley Services, Inc. |
| 80MSFC24DA016 |
| Up-Side Management Company |
| 80MSFC24DA017 |
| VEC Valley Electric Inc. |
| 80MSFC24DA018 |
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. |
(End of clause)
MSFC 52.209-94 RESOLUTION OF ORGANIZATIONAL CONFLICTS OF INTEREST (MAY 2017)
| (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. |
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