80NSSC19Q0229_SOW.pdf

Strategic Investments Division

2019 PRICE License

National Aeronautics and Space Administration

1.0 INTRODUCTION

TruePlanning by PRICE Systems is a suite of predictive cost models that allow organizations to successfully estimate and analyze the scope, cost, schedule, and risk of complex projects. Within a single, enterprise-wide cost management framework one can determine budgets while integrating hardware and software projects, optimizing resource planning, and make prudent investment decisions.

The NASA cost estimating community uses various cost estimating models to estimate project cost. One of the cost estimating industry’s three most popular and more robust models is the TruePlanning Suite by PRICE Systems. NASA has been using TruePlanning, and its predecessors for many years and the models have gained popularity across the NASA cost estimating community.

NASA uses three principle cost estimating models, along with any number of specific tailor made models, to perform comparative analysis of its project estimates. Because each model approaches the estimating process differently, comparing estimates gives the Agency, through detailed analysis, greater confidence in its estimates and the ability to defend them.

Additionally, NASA has invested a large amount of funds over the years into development of the analyst skills necessary for the professional use of this software, including formal training in the use of the software and skill improvement in the use of the software through long-term use over time. The resulting skill levels represent an infrastructure cost that would be very expensive to recover if the competitive process resulted in drastic loss of access to this software.

Through this renewal contract PRICE can continue to help the individual Centers realize their estimating goals; calibration of historical data, reducing estimating cycle time, and providing standard estimating processes.

2.0 PERIOD OF PERFORMANCE

The period of performance is through February 28th 2020

3.0 TASKS

3.1 The Commercial Computer Software License includes unlimited installations of PRICE SYSTEMS’ “TruePlanning® Best Practice Software Package,” (including, TruePlanner, True Systems, True H, True

S, True Cocomo, True IT and Price UniversityTM), and “TrueFindings®” and “True Mapper®” Software Packages, at eight (9) NASA sites, namely, Headquarters, Langley Research Center (LaRC), Jet Propulsion Laboratory (JPL), Johnson Space Center (JSC), Goddard Space Flight Center (GSFC), Ames Research Center (ARC), Glenn Research Center (GRC), Marshall Space Flight Center (MSFC), Kennedy Space Center

(KSC)

3.2 To accomplish software updates/calibrations, i.e., “improvements or modifications furnished to the Licensee by the Licensor” (see, appended License, para. 2.0), NASA will provide identities through the NASA IdMAX system for up to four PRICE SYSTEMS-designated personnel, enabling access to the One NASA Cost Engineering (ONCE) web-based portal. This includes access to cost, schedule and technical data on completed NASA flight projects found in Cost Analysis Data Requirement (CADRe) files as is standard for the disclosure to a contractor.

3.3 It is understood that all such accessed data pursuant to paragraph immediately above, is “sensitive information” under NASA FAR Supplement 1852.237-72, Access to Sensitive Information (incorporated herein) and must be handled and protected pursuant to the terms of that clause. Access to CADRe data will be limited to the extent necessary for PRICE SYSTEMS to provide the improvements, updates, or modifications to the software in task 3.1.

3.4 Contractor will conduct one annual Technical Interchange Meeting (TIM) with SID to discuss what NASA data was accessed, how it was normalize, and how it was utilized.

4.0 ADDITIONAL INFORMATION

4.1 An unsigned copy of PRICE SYSTEMS’ standard commercial software license is attached to this purchase order/contract, and this attached license is incorporated into this purchase order/contract to the extent set forth in paragraph (a) of NASA FAR Supplement clause 1852.227-86 Commercial Computer Software License (incorporated herein).

4.2 1852.227-86 Commercial Computer Software License (APR 2015)

4.2.1 (a) Any delivered commercial computer software (including documentation thereof) developed at private expense and claimed as proprietary shall be subject to the restricted rights in paragraph

(d) of this clause. Where the vendor/contractor proposes its standard commercial software license, those applicable portions thereof consistent with Federal laws, standard industry practices, the Federal Acquisition Regulations (FAR) and the NASA FAR Supplement, including the restricted rights in paragraph (d) of this clause, are incorporated into and made a part of this purchase order/contract. Those portions of the vendor's/contractor's standard commercial license or lease agreement that conflict with Federal law (e.g., indemnity provisions or choice of law provisions that specify other than Federal law) are not incorporated into and made a part of this purchase order/contract and do not apply to any computer software delivered under this purchase order/contract.

4.2.2 (b) If the vendor/contractor does not propose its standard commercial software license until after this purchase order/contract has been issued, or until at or after the time the computer software is delivered, such license shall nevertheless be deemed incorporated into and made a part of this purchase order/contract under the same terms and conditions as in paragraph (a) of this clause. For purposes of receiving updates, correction notices, consultation, and similar activities on the computer software, no document associated with the aforementioned activities shall alter the terms of this clause unless such document explicitly references this clause and an intent to amend this clause and is signed by the NASA Contracting Officer.

4.2.3 (c) The vendor's/contractor's acceptance is expressly limited to the terms and conditions of this purchase order/contract. If the specified computer software is shipped or delivered to NASA, it shall be understood that the vendor/contractor has unconditionally accepted the terms and conditions set forth in this clause, and that such terms and conditions (including the incorporated license) constitute the entire agreement between the parties concerning rights in the computer software.

4.2.4 (d) The following restricted rights shall apply:

(1) The commercial computer software may not be used, reproduced, or disclosed by the Government, or Government contractors or their subcontractors at any tier, except as provided below or otherwise expressly stated in the purchase order/contract.

(2) The commercial computer software may be— o (i) Used, or copied for use, in or with any computer owned or leased by, or on behalf of, the Government; provided, the software is not used, nor copied for use, in or with more than one computer simultaneously, unless otherwise permitted by the license incorporated under paragraphs (a) or (b) of this clause;

o (ii) Reproduced for safekeeping (archives) or backup purposes;

o (iii) Modified, adapted, or combined with other computer software, provided that the modified, combined, or adapted portions of the derivative software incorporating restricted computer software shall be subject to the same restricted rights; and o (iv) Disclosed and reproduced for use by Government contractors or their subcontractors in accordance with the restricted rights in paragraphs (d)(2)(i), (ii), and (iii) of this clause;

provided they have the Government's permission to use the computer software and have also agreed to protect the computer software from unauthorized use and disclosure.

(3) If the incorporated vendor's/contractor's software license contains provisions or rights that are less restrictive than the restricted rights in paragraph (d)(2) of this clause, then the less restrictive provisions or rights shall prevail.

(4) If the computer software is otherwise available without disclosure restrictions, it is licensed to the Government, without disclosure restrictions, with the rights in paragraphs (d)(2) and (3) of this clause.

(5) The Contractor shall affix a notice substantially as follows to any commercial computer software delivered under this contract:

4.2.5 Notice—Notwithstanding any other lease or license agreement that may pertain to, or accompany the delivery of, this computer software, the rights of the Government regarding its use, reproduction and disclosure are set forth in Government Contract No. ______.

4.3 1852.237-72 Access to Sensitive Information. (JUN 2005)

4.3.1 (a) As used in this clause, “sensitive information” refers to information that a contractor has developed at private expense, or that the Government has generated that qualifies for an exception to the Freedom of Information Act, which is not currently in the public domain, and which may embody trade secrets or commercial or financial information, and which may be sensitive or privileged.

4.3.2 (b) To assist NASA in accomplishing management activities and administrative functions, the Contractor shall provide the services specified elsewhere in this contract.

4.3.3 (c) If performing this contract entails access to sensitive information, as defined above, the Contractor agrees to—

(1) Utilize any sensitive information coming into its possession only for the purposes of performing the services specified in this contract, and not to improve its own competitive position in another procurement.

(2) Safeguard sensitive information coming into its possession from unauthorized use and disclosure.

(3) Allow access to sensitive information only to those employees that need it to perform services under this contract.

(4) Preclude access and disclosure of sensitive information to persons and entities outside of the Contractor's organization.

(5) Train employees who may require access to sensitive information about their obligations to utilize it only to perform the services specified in this contract and to safeguard it from unauthorized use and disclosure.

(6) Obtain a written affirmation from each employee that he/she has received and will comply with training on the authorized uses and mandatory protections of sensitive information needed in performing this contract.

(7) Administer a monitoring process to ensure that employees comply with all reasonable security procedures, report any breaches to the Contracting Officer, and implement any necessary corrective actions.

4.3.4 (d) The Contractor will comply with all procedures and obligations specified in its Organizational Conflicts of Interest Avoidance Plan, which this contract incorporates as a compliance document.

4.3.5 (e) The nature of the work on this contract may subject the Contractor and its employees to a variety of laws and regulations relating to ethics, conflicts of interest, corruption, and other criminal or civil matters relating to the award and administration of government contracts. Recognizing that this contract establishes a high standard of accountability and trust, the Government will carefully review the Contractor's performance in relation to the mandates and restrictions found in these laws and regulations.

Unauthorized uses or disclosures of sensitive information may result in termination of this contract for default, or in debarment of the Contractor for serious misconduct affecting present responsibility as a government contractor.

4.3.6 (f) The Contractor shall include the substance of this clause, including this paragraph (f), suitably modified to reflect the relationship of the parties, in all subcontracts that may involve access to sensitive information.

5.0 TRAVEL REQUIREMENTS

None

6.0 ADMINISTRATIVE INFORMATION REQUIREMENTS

Task Leader Information Mr. Charles Hunt, NASA SID