80NSSC19P0404_Tab_24_-_Terms_and_Conditions_Attachment_.pdf

NASA Terms and Conditions

Red Hat Consultant Services, Contract# 80NSSC19P0404

1. PERFORMANCE WORK STATEMENT (PWS)

PERFORMANCE WORK STATEMENT

ASDC Statement of Work for Red Hat Professional Services

01/29/2019

1. BACKGROUND

1.1 The Atmospheric Science Data Center (ASDC) has made a strategic investment in Red Hat software to support initiating an on-premises cloud to support various ASDC services. Key components of the ASDC architecture related to Red Hat is a Platform as a Service (PaaS) based on Red Hat OpenShift software. The efficient use of these Red Hat technologies is critical to meeting the ESDIS Project objectives for ASDC to provide robust, reliable, and scalable ingest, archive, and distribution services.

2. SCOPE

2.1 The contractor shall provide high-level expertise to further mature the Red Hat services environment hosted at the ASDC and provide assistance in the use of the technology and services. The contractor shall perform the work within the parameters of the effort referenced herein.

3. TASKS

3.1 Red Hat Professional Services will be provided to assist Customer with the following ASDC OpenShift-related tasks:

1. Red Hat OpenShift Container Platform (OCP) infrastructure support shall be available for the following

ASDC activities:

a. Collaborating with system administrators, network engineers, software developers and other IT specialists

b. Assisting with the architecture, design, installation, and configuration of OCP

c. Assisting with the operation, maintenance, optimization, and troubleshooting of OCP

2. OCP Application deployment support shall be available for the following ASDC activities:

a. Assisting with application code deployment and optimization

b. Assisting with container security, maintenance, troubleshooting, and backups

c. Assisting with adoption of Red Hat OpenShift Container Platform across development teams

3. Assisting with OCP documentation in the following areas:

a. Architecture, design, installation, and configuration

b. Code deployment and optimization

c. High availability and performance

d. Maintenance, operations, troubleshooting, and backup

e. Development team utilization and OCP security

4. The contractor shall provide project management support to address the following areas:

a. Overseeing the management of Red Hat services provided to ASDC

b. Working with the ASDC Project Manager to determine key objectives and schedule for completion of tasks

a. Assisting with the ASDC Project Manager with management of risks associated with the completion of the ASDC OpenShift-related tasks stated above.

b. Assisting with regular project status briefings and written reports as needed

4. PERIOD OF PERFORMANCE AND WORKING HOURS

4.1 The Period of Performance is for 12 months from award date (Expected award date on or before February

28, 2019).

4.2 Working hours are between 8:00 a.m. and 6:00 p.m. Monday – Friday, excluding all federal holidays.

5. PLACE OF PERFORMANCE

5.1 The contractor shall perform services at NASA Langley Research Center and remotely.

6. PERSONNEL EDUCATION / EXPERIENCE REQUIREMENTS

The contractor shall provide a Red Hat Certified System Administrator with direct access to Red Hat

Engineering and Red Hat Support personnel to facilitate expedient resolution to technical problems requiring Red Hat proprietary knowledge.

7. SECURITY REQUIREMENTS

The contractor shall provide staff that is eligible for access physical to NASA Langley Research Center and qualified to receive access to designated IT resources required to perform the duties contained in the PWS.

All staffing personnel must provide and maintain proof of US citizenship.

8. PROGRAM MANAGEMENT

The contractor shall provide appropriate project management resources to work with the ASDC Project

Manager to oversight for the work performed on tasks outlined in the PWS.

9. DELIVERABLES

As per the PWS, there are no deliverables included within the scope of Professional Services. The

Professional Services will be considered as completed when the agreed number of hours have been consumed or the period of performance has expired.

10. GOVERNMENT FURNISHED RESOURCES

NASA will provide a laptop/notebook through the NASA ACES contract for use to support the tasks outlined in the PWS.

11. QUALITY CONTROL/ASSURANCE

The work performed by the contractor will be evaluated and assessed at regular intervals (weekly or bi-weekly) by the ASDC Project Manager and Red Hat Project management to ensure compliance with the

PWS.

12. INFORMATION ASSURANCE/INFORMATION SECURITY

The contractor shall abide by NASA Information Assurance and Information Security policies governing the integrity, confidentiality, and safekeeping of data and information.

13. IDENTIFICATION REQUIREMENTS

The contractor shall provide staff eligible to receive a NASA PIV badge for physical access to Langley

Research Center and access to designated IT resources.

14. IT SYSTEMS ACCESS

The contractor shall provide staff that is eligible to obtain access to designated NASA Langley Research

Center IT systems required to perform the duties contained in the PWS.

2. TERMS AND CONDITIONS

2.1 Performance Location. ASA/ Langley Research Center (LARC), Hampton Virginia and remotely.

2.2 Invoicing and Performance Requirements. Unless a payment schedule is implemented at the order level, no partial payments or deliveries are allowed. Do not submit invoice until completion of the order or the completion of an order performance milestone set forth in the order’s payment schedule, if applicable.

2.3 Payment. All payments shall be made in accordance with FAR 52.212-4, Contract Terms and Conditions –

Commercial. Payments will be made to the contractor based on the receipt of a proper invoice and Proof of that services have been performed.

2.4 Submission Invoices for Payment.

(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.

(i) 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.

(d) Improper vouchers/invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in a voucher/invoices 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.

(e) 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.

(f) 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)

2.5 Modifications. All requests for modification to this contract shall be provided to the NSSC Contracting

Officer along with a description of what the modification is for.

2.6 Contractor Staffing and Personnel. All contractor on-site staffing and personnel must provide and maintain proof of US citizenship.

3. APPLICABLE PROVISIONS, CLAUSES, REPRESENTATIONS AND CERTIFICATIONs

3.1 All FAR and NFS FAR provisions and clauses for commercial service items apply to this contract

80NSSC19P0404. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: http://farsite.hill.af.mil/ and http://farsite.hill.af.mil/vmnasaa.HTM .

3.2 Clauses, Representations and Certifications are as follows:

http://www.nssc.nasa.gov/vendorpayment http://www.nssc.nasa.gov/vendorpayment http://farsite.hill.af.mil/and http://farsite.hill.af.mil/and http://farsite.hill.af.mil/vmnasaa.HTM

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998).

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): https://www.acquisition.gov/browsefar

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCORPORATED BY REFERENCE:

52.202-1 Definitions (Nov 2013)

52.203-3 Gratuities (April 1984)

52.203-5 Covenant Against Contingent Fees (April 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (September 2006)

52.203-7 Anti-Kickback Procedures (October 2010)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (January

1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (January 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (October 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of

Whistleblower Rights (September 2013)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-7 System for Award Management (July 2013)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013)

52.204-13 System for Award Management Maintenance (Oct 2016)

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.209-5 Certification Regarding Responsibility Matters (April 2010), 52.209-6 Protecting the Government's Interests When Subcontracting With Contractors Debarred, Suspended, FAR or Proposed for Debarment (August 2013), 52.209-7 Information Regarding Responsibility Matters (July 2013), 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (July 2013), 52.212-4 Contract Terms and Conditions—Commercial Items (Jan 2017)

52.215-2 Audit and Records-Negotiation (October 2010), 52.215-15 Pension Adjustments and Asset Reversions (October 2004), 52.215-18 Reversion of Adjustment of Plans for Post-Retirement Benefits (PRB) other than Pensions

(July 2005), 52.215-19 Notification of Ownership Changes (October 1997), 52.219-1 Small Business Program Representations (April 2012), 52.219-8 Utilization of Small Business Concerns (July 2013), https://www.acquisition.gov/browsefar

52.219-9 Small Business Subcontracting Plan (July 2013), 52.219-16 Liquidated Damages-Subcontracting Plan (January 1999), 52.219-28 Post-Award Small Business Program Representation (July 2013), 52.222-2 Payment for Overtime Premium (July 1990), 52.222-50 Combating Trafficking in Persons (February 2009), 52.222-54 Employment Eligibility Verification (August 2013), 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.223-6 Drug-Free Workplace (May 2001), 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (August 2011), 52.225-1 Buy American Act-Supplies (February 2009), 52.225-13 Restrictions on Certain Foreign Purchases (June 2008), 52.227-1 Authorization and Consent (December 2007), 52.227-2 Notice and Assitance Regarding Patent and Copyright Infringement (December 2007), 52.227-11 Patent Rights-Ownership by the Contractor (December 2007), 52.228-5 Insurance—Work on a Government Installation (Jan 1997), 52.232-23 Assignment of Claims (January 1986), 52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information

(July 2013), 52.232-38 Submission of Electronic Funds Transfer Information with Offer (July 2013), 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.233-1 Disputes (July 2002)

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 (January 1991), 52.239-1 Privacy or Security Safeguards (Aug 1996)

52.242-2 Production Progress Reports (April 1991), 52.242-13 Bankruptcy (July 1995), 52.242-15 Stop-Work Order (Aug 1989), 52.244-2 Subcontracts, Alternate I (October 2010), 52.244-5 Competition in Subcontracting (December 1996), 52.246-25 Limitation of Liability-Services (February 1997), FAR 52.212-4(c) Addendum:

The specific paragraph of FAR 52.212-4 (c) is tailored as below:

Changes: Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exceptions of administrative changes such as changes in paying office, appropriation date, typographical errors, etc. which may be changed unilaterally by the Government. In the case of a Government shutdown, the Government may unilaterally stop work performance in support of this contract.

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(JUN 2016)

(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 items, other than commercially available offthe-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items (Jan 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78

(19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I

(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

X (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

(10) [Reserved]

(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.

657a). (ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

(14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and

(3)). (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637

(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Nov 2016) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

(15 U.S.C.

657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)). (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged WomenOwned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O.

13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

(ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

(38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s

13423 and

13514

(ii) Alternate I (Oct 2015) of 52.223-13.

(39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and

13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b). (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products

(Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

(E.O.

13513).

(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

(45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(ii) Alternate I (Jan 2017) of 52.224-3.

(46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

(47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 10877, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). (ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C.

5150).

(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul

2013) (31 U.S.C. 3332).

(56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

(60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.

chapter 67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792).

(11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (May

2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause

52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O.

13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41

U.S.C. chapter

67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for

Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C.

2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.217-8 Option to Extend Services. (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the

Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to contract expiration

NASA FEDERAL ACQUISITION REGULATION (NFS) CLAUSES INCORPORATED BY

REFERENCE:

1852.204-76 Security Requirements for Unclassified Information Technology Resources (Jan 2011)

1852.215-84 Ombudsman (Nov 2011)

1852.223-70 Safety and Health Measures and Mishap Reporting (Dec 2015)

1852.237-70 Emergency Evacuation Procedures (Dec 1988)

1852.237-73 Release of Sensitive Information (Jun 2005)

1852.242-72 Denied Access to NASA Facilities (Oct 2015)

The full text of a clause may be accessed electronically at this/these address (es):

NASA FAR Supplement: https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

NASA FEDERAL ACQUISITION REGULATION SUPPLEMENT (NFS) CLAUSES IN FULL TEXT:

1852.216-78 FIRM FIXED PRICED (Dec 1988)

The total firm fixed price of this contract is $528,790.80.

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 through 130, and the Export Administration Regulations

(EAR), 15 CFR Parts 730 through 799, in the performance of this contract. In the absence of available license https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf 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.

1852.245-82 OCCUPANCY MANAGEMENT REQUIREMENTS (SEP 2017)

(a) In addition to the requirements of the clause at FAR 52.245–1, Government Property, as included in this contract, the Contractor shall comply with the following in performance of work in and around Government real property:

(1) NPD 8800.14, Policy for Real Estate Management.

(2) NPR 8831.2, Facilities Maintenance and Operations Management.

(b) The Contractor shall obtain the written approval of the Contracting Officer before installing or removing

Contractor-owned property onto or into any Government real property or when movement of Contractor-owned property may damage or destroy Government-owned property. The Contractor shall restore damaged property to its original condition at the

Contractor’s expense.

(c) The Contractor shall not acquire, construct or install any fixed improvement or structural alterations in

Government buildings or other real property without the advance, written approval of the Contracting Officer.

Fixed improvement or structural alterations, as used herein, means any alteration or improvement in the nature of the building or other real property that, after completion, cannot be removed without substantial loss of value or damage to the premises. Title to such property shall vest in the Government.

CLAUSES SPECIFIC TO LANGLEY RESEARCH CENTER FOR SECURITY ACCESS FOUND IN

FULL TEXT AS ATTACHMENT E.

SECURITY PROGRAM/FOREIGN NATIONAL EMPLOYEE ACCESS REQUIREMENTS (LaRC

52.204-91) (APRIL 2014)

OBSERVATION OF REGULATIONS AND IDENTIFICATION OF CONTRACTOR’S EMPLOYEES

(LaRC 52.211-104) (JANUARY 2013)

REQUIREMENTS FOR ACCESS TO NASA LANGLEY RESEARCH CENTER (LaRC 52.204-92)

(AUG 2014)