80NSSC23Q0003 - RFQ.pdf

NASA’s Early-Stage Innovation Program (ESIP) Entrepreneurial Engagement Service

Request for Quote: 80NSSC23Q0003

November 9th, 2022

80NSSC23Q0003

Table of Contents

Section I: Requirements for Quoting 3 - 14 Section II: Terms and Conditions 14 - 50 Section III: List of Attachments 51

Section I: Requirements for Quoting Purchase Order with Options

NASA intends to award a single award purchase order with options (base plus two option years) to the successful quoter as a result of this solicitation. Pursuant to FAR Part 13, the resultant purchase order will encompass the following terms:

(1) Description of requirement. The purpose of this purchase order is to provide administrative/operations support as well as community building efforts that include (a) administrative oversight, (b) marketing of the opportunity to non-traditional government companies, (c) recruiting event participants, (d) marketing of the opportunity not investors/accelerators/incubators, and event planning and execution. A copy of the Statement of Objectives (SOO) containing more information and an addendum to the terms and conditions of this contract along with other related attachments are included in this combined synopsis/solicitation.

(2) Purchase limitation. NASA has established a “not to exceed” amount for each the base year and both option years of $350,000.00. Quoters who exceed this amount will be rated non-responsive and will not be considered for award.

(3) Invoices. Invoices shall be submitted in accordance with the “INVOICING AND PERFORMANCE REQUIREMENTS” and “SUBMISSION OF INVOICES FOR PAYMENT” sections in the “Additional Terms and Conditions” section of this RFQ.

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

Instructions to Offerors

General: The following information shall be submitted as part of the Vendor’s quote due 12:00 PM Central time Monday, November 28, 2022. All information requested below must be provided. Failure to provide any of the items required below may render a Vendor’s proposed quote technically unacceptable and thereby ineligible for award. This is a FAR Part 12 and FAR Part 13 requirement.

THIS REQUIREMENT IS A 100% Small Business Set-Aside. The North American Industry Classification System (NAICS) code is 541611, Administrative Management and General Management Consulting Services. The small business size standard is $21.5 million.

Exchanges: The Government intends to evaluate quotes and award a purchase order without discussions with Vendors. Therefore, a Vendor’s initial quote should contain the Vendor’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

Solicitation and Amendments: Copies of the solicitation and amendments are available by internet access only. All Request for Quote (RFQ) documents and any amendments to the RFQ are made available from the https://sam.gov/content/home website. It shall be the Vendor’s responsibility to check the website for any amendments. No information will be given via phone or email.

Submission of Quotes

A page is defined as one side of sheet, 8 1/2″ × 11″, with at least one-inch margins on all sides, using not smaller than 12-point type. Foldouts count as an equivalent number of 8 1/2″ × 11″ pages. The metric standard format most closely approximating the described standard 8 1/2″ × 11″ size may also be used.

The quote shall include a Cover Letter, Volume I: Technical Section and Volume II: Price Section.

Quotes shall be submitted using Microsoft Word, Microsoft Excel or Adobe PDF or a combination thereof.

Questions – Questions regarding this RFQ are encouraged.. All questions regarding this RFQ must be submitted by Monday, November 21, 2022, at 12:00 PM Central time. Questions submitted after this date/time will not be answered. Questions will be accepted via e-mail only and shall be sent to steven.r.wood@nasa.gov and Justin.s.fraser@nasa.gov Questions shall be submitted to all e-mail addresses listed. Faxed or telephoned questions will not be accepted.

Industry Day - NASA will be holding a virtual industry day event for interested parties on Tuesday, November 15, 2022, at 10 AM Central time. The event is expected to last about 60 minutes and will include information related to the solicitation, what NASA is looking for in responses, and technical briefings from the program office regarding the overall program. The industry day will be accessible via Microsoft Teams with a meeting invitation sent to all vendors who RSVP to the event. The event will not be recorded. Vendors shall submit any questions related to the event via email as there will be no live Q&A session. Please contact Steven Wood at Steven.R.Wood@nasa.gov and Justin Fraser at Justin.S.Fraser@nasa.gov to reserve a spot or to seek further information.

Submission - Quotes for the item(s) described in the RFQ are due 12:00 PM Central time Monday, November 28, 2022. Submission must be in writing (e-mail) to Steven Wood at steven.r.wood@nasa.gov and Justin Fraser at Justin.S.Fraser@nasa.gov. Responses must be submitted to all e-mail addresses listed.

Submissions must be valid for at least 120 days.

mailto:steven.r.wood@nasa.gov%20and%20Justin.s.fraser@nasa.gov mailto:steven.r.wood@nasa.gov mailto:Justin.S.Fraser@nasa.gov

1. PAGE RESTRICTIONS

The Volume I: Technical Section shall not exceed 20 pages in length; vendors have the discretion on how much of that is allocated to the Technical Approach and how much is allocated to the crafting of the Performance Work Statement (PWS) but the combined total shall not exceed 20 pages. The cover page(s), executive summary, table of contents; labor categories, and other business information are excluded from the page limit. Pages shall be numbered consecutively; a page printed on both sides shall be counted as two pages. Pages submitted in excess of the page limitations stated above will be removed and will not be evaluated.

Volume I: Technical Section shall spell out acronyms in the text of the quote, followed by the acronym in parentheses, the first time it appears in each quote volume. The Technical Approach and PWS shall be clearly denominated in the volume.

The Volume II: Price Section is limited to six (6) pages. Information that can be construed as belonging in one of the other sections of the quote will be so construed and counted against that section's page limitation.

There will be no interactive demos with vendors.

2. INSTRUCTIONS FOR COVER LETTER.

The following information shall be provided on the cover letter:

Authorized Vendor Contractual Personnel: Provide the name, title, telephone number, and e-mail address of the individual who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government and who can answer questions regarding your quote.

Company/Division Street Address: Provide company/division’s street address, county and facility code;

size of business (large or small); labor surplus area designation; Company/Division’s Unique Entity Identifier (UEI) and Commercial and Government Entity (CAGE) Code.

The cover letter shall include a statement that the quote is valid for a period not less than 120 calendar days and shall contain acknowledgment and acceptance of the RFQ and all RFQ amendments.

3. COSTS INCURRED IN SUBMISSION OF PROPOSAL

This solicitation does not commit the Government to pay any cost incurred in the submission of the quotation or in making necessary studies of designs for the preparation thereof, nor to contract for services or supplies.

4. INSTRUCTIONS FOR VOLUME I: TECHNICAL SECTION.

This section provides detailed instructions to Vendors to be used in the preparation of the technical section of the quote, which shall consist of the vendor’s Technical Approach and PWS. The technical section will be evaluated in accordance with the evaluation criteria below to determine whether the quote meets the Government’s requirements outlined in the SOO. The technical section must reflect a thorough understanding of the requirements; as well as a detailed description of the techniques and procedures for achieving the objectives of the SOO.

At a minimum, the quotation must clearly provide the following:

Mark each section with the correct section letter and contain the information cited below for that section.

Include with the quotation any documentation that is referenced in the quotation with page and paragraph numbers included with the reference.

A summary of the Technical Approach shall be provided, highlighting the salient features of the quotation and the work to be achieved. A description of the Technical Approach and plans for satisfying the requirement shall be included. A clear Table of Contents with cross-reference page number references must be included.

Vendors are required to propose work that is specific to the support of NASA ESIP Entrepreneurial Engagement Services and are encouraged to implement their own innovation cultivation efforts through community building, coaching, and/or accelerator efforts. This shall clearly describe both the independent value of the effort as well as the ability to leverage that effort to benefit the SBIR-Ignite program.

(a) The technical section shall be clear, concise, and shall include complete detail for effective evaluation and substantiation of all information. The technical section should not simply rephrase or restate the Government’s requirements.

(b) Elaborate brochures or documentation, detailed artwork, or other superfluous embellishments are unnecessary and are not desired. The focus shall be on the quality of the content and technical approach therein.

(c) Vendors are requested to provide information responsive to the items set forth below. This information is considered essential for the Government to conduct a fair and uniform evaluation of quote pursuant to the evaluation criteria and process provided in the evaluation provision section. The items listed are not, however, all-inclusive and you should include in your quotes any further discussion you believe to be necessary or useful in demonstrating your ability to perform the work under this Contract.

(d) For a more complete understanding of this section Submission of Quotes refer to the section BASIS FOR CONTRACT AWARD/EVALUATION CRITERIA. The instructions in this section are directly related to the evaluation criteria and process set forth in the BASIS FOR CONTRACT AWARD/EVALUATION CRITERIA section.

(e) The technical section of the quote shall include a narrative description to describe how Vendor meets each of the requirements in the SOO.

In addition to the aforementioned bullets, the vendor shall address the following requirements in its technical section:

1. Investor Engagement – NASA entrepreneurial engagement activities require participation from trusted private sector investors. Proposing firms should have established networks of investors in NASA relevant technology areas and have demonstrated that this network can be effectively mobilized for both community building or mentorship activities and direct investment in innovative companies. Offerors shall specifically address their ability to facilitate investment in underrepresented companies including the strategies used and examples of successes as applicable.

2. Company and Technology Scouting – NASA requires tech scouting services that offer both breadth and depth. Proposing firms should demonstrate an ability to effectively scout innovative companies across the entire US geographic and demographic spectrum. This includes the ability to efficiently process large quantities of innovative small businesses, effectively targeting the most qualified and relevant for participation. Offerors shall specifically address their ability to source companies owned by underrepresented founders, including the strategies used and examples of successes as applicable.

3. Event Planning and execution – NASA requires event planning and execution services to effectively bring various members of the entrepreneurial ecosystem together. Proposing firms should have experience executing events that are specifically attractive to entrepreneurial stakeholders in both in-person and virtual settings. These events could include but are not limited to mentorship sessions, industry days, pitch competitions, or targeted outreach events.

4. Marketing and Communications – Effective entrepreneurial engagement requires an effective communications strategy and execution. Proposers should demonstrate an effective communications plan including but not limited to website design / maintenance, social media, email, and word of mouth, as well as effective internal communication with NASA program leadership.

NASA’s overall goal is to cultivate and accelerate innovations in these areas and better connect NASA to the entrepreneurial innovation eco-system.

As part of its response to the solicitation, the vendor shall provide a Performance Work

Statement (PWS) in response to this SOO that describes the required results in clear, specific, and objective terms with measurable outcomes. Provide detailed explanations of how all listed objectives and requirements will be met.

Vendors shall include (1) tasks to be performed and service and products (to include any documents and artifacts) to be delivered along with a corresponding rate of frequency and/or completion date; (2) the principal assumptions upon which the approach is based; (3) an unambiguous definition of done (i.e., outcomes) and means by which the success of the vendor’s efforts towards meeting those outcomes can be measured and communicated.

5. INSTRUCTIONS FOR VOLUME II: PRICE SECTION.

The vendor shall provide a document itemizing the various costs associated with this requirement (i.e.

labor rates). Each item should be reasonable and realistic for the work performed. The vendor shall provide justifications and descriptions of the price information in a narrative format as necessary.

The price proposal shall be submitted as its own separate document apart from the Technical Proposal and Past Performance document.

Vendors shall submit their pricing broken out by the following line items.

(1) Base - Year 1 Price:

CLIN 0001 - Vendor shall provide a fixed unit price for the base year not to exceed $350,000.00.

(2) Option - Year 1:

CLIN 0002 - Vendor shall provide a fixed unit price for the option year not to exceed $360,500.00.

(3) Option – Year 2:

CLIN 0003 - Vendor shall provide a fixed unit price for the option year not to exceed $371,315.00.

(4) Option to Extend Services:

CLIN 0004 – Vendor shall provide a fixed unit price for the option not to exceed $185,700.00.

BASIS FOR CONTRACT AWARD/EVALUATION CRITERIA

a. BASIS OF AWARD:

(A) NASA intends to award a single Purchase Order as a result of this Request for Quote (RFQ).

The Government will award to the Vendor whose quote conforming to the solicitation will be most advantageous to the Government offering the best overall value to the Government that meets all solicitation requirements and is determined responsible in accordance with the Federal Acquisition Regulations. The Government’s objective is to obtain the highest technical quality considered necessary to achieve the project’s objectives, with a reasonable firm fixed price.

Evaluation factors are listed in descending order of importance with Technical Approach being the most important aspect and Price being the least important.

Factor 1: Technical Approach Factor 2: Price

All evaluation factors, other than price, when combined are significantly more important than price.

(a) The Purchase Order resulting from this solicitation will be awarded to the responsible vendor whose quote, conforming to the solicitation, is determined to be most advantageous to the Government.

(b) However, for a vendor to be considered for award, it must:

1. Meet all minimum standards (i.e. rate “Satisfactory” or better) on all evaluation factors.

2 . Have a price quotation that is reasonable, realistic and consistent with, and based upon the data provided in Volume I: Technical Section. Vendors are advised that award will not necessarily be made to the Vendor submitting the quote with the lowest evaluated price.

The successful vendor shall present and submit a clear and concisely written quotation that gives the Government the greatest confidence in the vendor’s ability to successfully meet the

Government’s requirement.

The Government may reject any quote that is evaluated to be unrealistic in terms of program commitments, contract terms and conditions, or unrealistically high or low in price when compared to Government estimates and/or competition, such that the quote is deemed to reflect an inherent lack of competence or failure to comprehend the SOO requirements. Quotes that exceed the not to exceed amount associated with the base year and option years will be rejected.

b. EVALUATION CRITERIA

All quotations will be evaluated on the following evaluation factors:

Factor 1: Technical Approach

Factor 2: Price

2.1 FACTOR 1-TECHNICAL APPROACH:

Factor 1: The Government will determine the ability of the vendor to meet or exceed the requirements of the Entrepreneur Engagement SOO based on the ability of the vendor to perform the work and the comprehensiveness of the vendor’s PWS. Specifically, the vendor’s Technical Approach must demonstrate its ability to perform the following requirements outlined in the instructions:

a) Investor Engagement

b) Company and Technology Scouting

c) Event Planning and Execution

d) Marketing and Communications

Additionally, the Government will evaluate the vendor’s PWS to determine the vendor’s understanding of the objectives and proposed tasks, methodology, deliverables, performance metrics and a complete and comprehensive schedule to accomplish the requirements under the SOO.

1. Investor Engagement – NASA entrepreneurial engagement activities require participation from trusted private sector investors. Proposing firms should have established networks of investors in NASA relevant technology areas and have demonstrated that this network can be effectively mobilized for both community building or mentorship activities and direct investment in innovative companies. Offerors shall specifically address their ability to facilitate investment in underrepresented companies including the strategies used and examples of successes as applicable.

2. Company and Technology Scouting – NASA requires tech scouting services that offer both breadth and depth. Proposing firms should demonstrate an ability to effectively scout innovative companies across the entire US geographic and demographic spectrum. This includes the ability to efficiently process large quantities of innovative small businesses, effectively targeting the most qualified and relevant for participation. Offerors shall specifically address their ability to source

Very Good (V) The quotation exceeds stated requirements. The response is complete in terms of the basic content and level of information the Government seeks for evaluation. There is a high probability of success and little or no risk that this Vendor would fail to meet the quantity, quality and schedule requirements. There are significant strengths and no deficiencies or significant weaknesses. There may be minor weaknesses that may not need to be corrected to make award.

Satisfactory (S) The quotation meets the stated requirements. The response is considered complete in terms of the basic content and level of information the Government seeks for evaluation. There is a good probability of success and little risk that this Vendor would fail to meet the quantity, quality, and schedule requirements. There may be some strengths. Weaknesses, if any, are minor and may not need to be corrected to make award.

Marginal (M)

The quotation fails to meet the stated requirements. The response is considered incomplete or inadequate in terms of the basic content and level of information the Government seeks for evaluation. There is a low probability of success based on the present information. There are deficiencies and/or significant weaknesses, susceptible to correction through discussions if determined to be included in the competitive range.

Unsatisfactory (U) The quotation significantly fails to meet the stated requirements.

What was submitted lacks essential information or is conflicting and unproductive. There is no reasonable likelihood of success;

deficiencies are so major or extensive that a major revision or complete rewrite of the quotation would be necessary.

Section II:

Terms and Conditions

General Terms and Conditions

1. PERIOD OF PERFORMANCE: This resultant purchase order will cover a Base Period of one (1) year, and a two (2) one-year option periods, commencing on or about December 5, 2022, through on or about December 4, 2025... If the Option to Extend Services is exercised, then the final date of performance would be on or about June 4, 2026.

Base Period On or about December 5, 2022 to On or about December 4,2023 Option Period 1 On or about December 4, 2023 to On or about December 4,,2024 Option Period 2 On or about December 5, 2024 to On or about December 4, 2025 Option to Extend Services On or about December 5, 2025 to On or about June 4, 2026

2. 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.

3. SUBMISSION OF 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 offeror 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.

In addition to the requirements set forth in FAR52.212-4(g), the following back-up documentation shall be included:

(d) 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.

(e) Improper invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in an 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.

4. MODIFICATIONS:

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

5. NASA DEFINITION OF ENTERPRISE: For the purposes of this agreement, the Enterprise is defined as NASA, its employees, and authorized contractors and subcontractors that support NASA Centers and Associated Facilities in Section 2. Except as specifically agreed to in writing by the parties of this agreement, other agencies and/or employees of the U.S. Government are specifically excluded from utilizing the services under this agreement.

6. CONTRACTOR COMMUNICATIONS/OUTREACH: The Contractor shall coordinate with the NSSC to ensure the agreement products and support are ordered, approved, and communicated to customers in a consistent manner. The Contractor shall coordinate all major Center and/or Agency outreach and agreement management communications through the NSSC.

7. LIMITATION OF FUNDS: It is the Agency’s policy to fully fund all firm fixed price orders unless an incremental funding waiver is processed and approved prior to award. However, at times, in the event of a continuing resolution and funds are not available to fully fund the order, NFS 1852.232-77, Limitations of Funds—Fixed Price Contracts, would apply and would be incorporated into the order by modification.

http://www.nssc.nasa.gov/vendorpayment

8. COST AND FEES: Pursuant to the Anti-Deficiency Act, 31 U.S.C. §1341 (a)(1)(B), the U.S.

Government does not agree to pay any future costs or fees under the license agreement or this Agreement. Any provision of the Licensing Terms obligating the U.S. Government to pay costs, fees, or damages, or to otherwise expend appropriations, are hereby inoperative and invalid unless imposed after following the Dispute Resolution Procedures identified hereunder. Any provisions of the Licensing Terms providing for automatic renewal absent some action by the U.S. Government is likewise inoperative and invalid.

9. RESTRICTION AGAINST DISCLOSURE: The Contractor agrees, in the performance of this contract, to keep the information contained in the source documents, or otherwise furnished by the NASA in the strictest confidence, said information being the sole property of the NASA. The Contractor also agrees not to publish, reproduce or otherwise divulge such information, in whole or in part, in any manner or form, nor authorize or permit others to do so, taking reasonable measures as are necessary to restrict access to the information, while in his or her possession, to those employees who must have the information to perform the work provided herein on a “need-to-know” basis, and agrees to immediately notify the Contracting Officer in writing in the event the Contractor determines, or has reason to suspect, a breach of this requirement.

The Contractor shall provide an original copy of each signed statement to the Contracting Officer prior to each employee beginning work. NASA retains full legal control over any information and records submitted by it to the Contractor and may, to the extent permitted by law, modify such information or request that it be withdrawn from Contractor’s files and systems. Such information, to the extent permitted by law, shall not become part of Contractor records. If Contractor receives a request for NASA information, or a request to which NASA information would be responsive, Contractor shall not provide NASA information in response to the request and shall instead refer the request to NASA. NASA will address the request in accordance with applicable law. Requests included within this paragraph include, but are not limited to, FOIA requests, Congressional requests and litigation-related requests. Any such request shall be sent in writing to the Contracting Officer.

All information regarding the procedures developed under this contract must be regarded as sensitive information by the Contractor and not to be disclosed to anyone outside the Contractor's organization without the written permission of the CO.

10. CONTRACTOR’S RESPONSIBILITY FOR PERSONNEL: The contractor shall be responsible for managing and overseeing the activities of all of its personnel, as well as subcontractor personnel used in performance of this effort. The contractor's management responsibilities shall include timely and effective support, performed in accordance with the requirements contained in the order, contract, or agreement. Resumes submitted for employees assigned to perform under this order, contract, or agreement shall contain documented experience directly applicable to the functions to be performed. Further, these prior work experiences shall be specific and of sufficient variety and duration that the employee is able to effectively and efficiently perform the functions assigned.

11. COMPUTER SECURITY: All contractors accessing NASA computer systems shall be required to comply with all computer security policies and practices of the NASA. In addition, contractor personnel who are granted special access privileges to perform system administrator functions shall be required to comply with all of NASA security policies expressed in the most current version of NASA Procedural Requirement (NPR) 2810.1x. Contractor ensures that privileges shall only be used for required functional purposes. Contractor shall ensure that the design, development, maintenance and operation of any system it is tasked to support is conducted in compliance with regulatory and NASA procedural requirements. Unless approved by Contracting Officer Representative (COR) and/or designee in coordination with the contracting officer (CO), the contractor shall NOT:

• Load commercial off-the-shelf (COTS) products, custom-developed software, shareware, freeware, or other software onto any NASA workstation or server.

Modifications to the standard software configurations must be approved by the Agency or Center Office of the Chief Information Officer (OCIO) prior to implementation;

• Load or implement any network monitoring or scanning tools; or

• Make any modification to NASA Perimeter Controls (firewalls, routers, ACE

Servers, Modems, etc.).

Through the CO, the Contractor shall consult with (COR) and/or designee if there is any question concerning NASA computer security policies and procedures.

12. SECURITY OF UNCLASSIFIED NASA INFORMATION AND NASA INFORMATION

SYSTEMS: This clause implements NASA acquisition requirements pertaining to Federal policies for the security of unclassified information and information systems to the extent that those requirements apply to the NASA. Federal policies include but are not limited to:

• Federal Information System Management Act (FISMA) of 2002

• Homeland Security Presidential Directive (HSPD) 12

• Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)

• Public Law 106--398, section 1061

• OMB Circular A- 130, Management of Federal Information Resources

• OMB Memorandum M-06-16, Protection of Sensitive Agency Information

• OMB M-07-16 Safeguarding Against and Responding to the Breach of Personally

Identifiable Information

• OMB M-07-18 Implementation of Commonly Accepted Security Configurations for

Windows

• Operating Systems (Federal Desktop Core Configuration)

• National Institute of Standards and Technology (NIST) Special Publications (SP) to include the minimum security controls identified in SP 800-53A and Certification and Accreditation Process in SP 800-37

• Federal Information Processing Standards (FIPS) to include but not limited to FIPS 140-2(Security Requirements for Cryptographic Modules), 199, 200, etc.

These requirements safeguard IT services provided to NASA such as the management, operation, maintenance, development, and administration of hardware, software, firmware, computer systems, networks, and telecommunications systems. Along with these federal guidelines, it is expected that any solution comply with the standards detailed within NASA Agency and Center Information Technology (IT) Security Policy which will be made available with the approval of the NASA Agency and/or Center IT Security personnel as needed. In addition to existing Federal standards and guidelines, it is the Contractor's responsibility to adhere to new requirements that pertain to the security of unclassified information and information systems as these requirements are issued.

Information systems used or operated by the NASA or by a Contractor of the NASA or other organization on behalf of the NASA must be authorized to operate by the NASA Authorizing Official (AO) through the certification and accreditation process as outlined in NIST SP 800-

37, Guide for the Security Certification and Accreditation of Federal Information Systems.

The certification process verifies that information systems have employed security controls consistent with the sensitivity of the information maintained by the system as defined by FIPS 199 and SP 800-53A and acceptably meets federal standards such as the list of regulations identified above. During the C&A process, the Contractor is required to work with the Government in good faith and without question or delay to ensure that adequate mechanisms are in-place and used to protect information produced, processed, stored, and/or transmitted on or by the application.

Within a time agreed upon by all parties involved after contract award, the Contractor shall submit an IT Security Plan that includes descriptions of the management, operational, and technical security controls (as defined in NIST 800-53) employed in the system to the Contracting Officer for NASA approval. This security plan shall be prepared consistent in form and content with NIST SP 800-18, Guide for Developing Security Plans for Federal Information Systems, and include any additions/augmentations described by NASA IT Security Policy. The security plan shall identify and document appropriate IT security controls consistent with the sensitivity of the information and the requirements of FIPS 200, Minimum Security Requirements for Federal Information and Information Systems. The plan shall be reviewed and updated in accordance with NIST SP 800-53A, Recommended Security Controls for Federal Information Systems and FIPS 200 on a yearly basis. Strict security requirements shall be imposed for work tasks that will be accomplished at the contractor facility which includes but is not limited to:

• Making configuration changes to improve security (harden the application) and/or otherwise address/mitigate discovered security vulnerabilities

• Providing all requested information and resolve any information security vulnerabilities identified by the NASA Agency and/or Center IT Security or detailed in the Risk Assessment Report

• National Institute of Standards and Technology (NIST Special Publication (SP) 800-37, Guide for the Security Certification and Accreditation of Federal Information Systems, National Institute of Standards and Technology

• Special Publication (SP) 800-53A,Recommended Security Controls for Federal Information Systems,

• Contractor shall not co-host NASA systems with third party sites that contain inappropriate content which may include but is not limited to pornography, gambling, and political views. Political Campaigns that use the Salesforce solution is acceptable.

• As NASA System Support Staff, the contractor may not use NASA equipment for activities that could be considered offensive or inappropriate, include activities that may:

• Place undue burden on NASA system components and resources.

• Involve fundraising, non-NASA commercial purposes, non-NASA profit activities, stock trades, and gambling.

• Result in access or transmission of objectionable material

• Incur additional cost to the NASA

SOLICITATION PROVISION/REPRESENTATIONS AND CERTIFICATIONS

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR http://farsite.hill.af.mil/vmfara.htm NFS http://farsite.hill.af.mil/vmnasaa.htm

FAR PROVISIONS:

FAR 52.204-7, System for Award Management (OCT 2018) FAR 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.209-5, Certification Regarding Responsibility Matters (AUG 2020) FAR 52.209-7, Information Regarding Responsibility Matters (OCT 2018) FAR 52.212-1, Instructions to Offerors – Commercial Items (JUN 2020) FAR 52.217-5, Evaluation of Options (JUL 1990) FAR 52.219-1, Small Business Program Representations (MAR 2020) FAR 52.232-38, Submission of Electronic Funds Transfer Information with Offer (JUL 2013)

FAR PROVISIONS INCORPORATED BY FULL TEXT:

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or http://farsite.hill.af.mil/vmfara.htm http://farsite.hill.af.mil/vmnasaa.htm https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and https://www.sam.gov/

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication…