80SSC024R0001_MCASS_DRFP.pdf

80SSC024R0001 MCASS DRFP

TOC - 1

TABLE OF CONTENTS

SECTION 1 – CONTINUATION OF SF 1449

1.1 FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) 1-1

1.2 Scope Of Work 1-1

1.3 Place Of Performance – Services 1-1

1.4 Period Of Performance 1-1

1.5 Phase-In 1-1

1.6 Type Of Contract: Indefinite Delivery Indefinite Quantity/Firm Fixed Price 1-1

1.7 Fully Burdened Rates Indefinite Delivery/Indefinite Quantity Pricing Table 1-2

SECTION 2- 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL

ITEMS (NOV 2023)

2-1

Section 2.A – Addendum To FAR 52.212-4, Contract Terms and Conditions – Commercial Items

2-1

2.A.1 52.204-1 Approval of Contract (Dec 1989) 2-2 2.A.2 52.216-18 Ordering (Aug 2020) 2-2 2.A.3 52.216-19 Ordering Limitations (Oct 1995) 2-3 2.A.4 52.216-22 Indefinite Quantity (Oct 1995) 2-4 2.A.5 52.217-8 Option to Extend Services (Nov 1999) 2-4 2.A.6 52.219-18 Notification of Competition Limited to Eligible 8(A) Concerns

(Oct 2022) 2-4

2.A.7 52.252-6 Authorized Deviations in Clauses (Nov 2020) 2-5 2.A.8 1852.216-80 Task Ordering Procedures (Oct 1996) – Alternate II

(Apr 2018) 2-6

2.A.9 1852.219-11 Special 8(A) Contract Conditions. (Apr 2015) 2-7 2.A.10 1852.219-18 Notification of Competition Limited to Eligible 8(a) Concerns

(Apr 2015) 2-8

2.A.11 1852.225-70 Export Licenses (Feb 2000) 2-8 2.A.12 1852.232-77 Limitation of Funds (Fixed-Price Contract) (Mar 1989)

Submission of Invoices for Fixed-Price Services 2-9

2.A.13 1852.232-80 Submission of Vouchers/Invoices For Payment (Apr 2018) 2-10 2.A.14 1852.245-71 Installation-Accountable Government Property (Jun 2018) –

Alternate I (Jan 2011) 2-11

2.A.15 1852.245-82 Occupancy Management Requirements (Sep 2017 2-13 2.A.16 JSC 52.204-92 NASA security program and Identification of Employees. (Jul

2022) (JSC Procurement Instruction) 2-14

2.A.17 Surveillance Plan 2-15 2.A.18 KSC 52.223-121 Reporting of Incidents Involving Workplace Violence (Jul

2018) 2-19

2.A.19 KSC 52.242-90 Controls Applicable to Contractor’s Activities (Jul 2018) 2-20 2.A.20 KSC 52.242-93 Contractor Workforce Report – On-Site Contractors and

Subcontractors (Mar 2022) 2-21

SECTION 3- 52.215-5 3-1

3.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

ITEMS (FEB 2024)

3-1

SECTION 4 – CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS 4-1

SECTION 5 ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS –

COMMERCIAL ITEMS

5-1

5.1 52.252-1 Solicitation Provisions Incorporated by Reference (Sep 2023) 5-1

5.2 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services Or Equipment (Nov 2021) 5-2

TOC - 2

5.3 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR

INFORMATION OTHER THAN COST OR PRICING DATA (NOV 2021) –

ALTERNATE IV (OCT 2010)

5-3

5.4 52.216-1 Type of Contract (Apr 1984) 5-3

5.5 52.233-2 Service of Protest (Sep 2006) 5-4

5.6 JSC 52.242-90 Superflex Work Schedule (Aug 2018) 5-4

5.7 52.252-5 Authorized Deviations in Provisions (Nov 2020) 5-5

5.8 1852.215-77 Preproposal/Pre-Bid Conference (Apr 2015) 5-5

5.9 Paragraph (B)(12) Submission of Offers 5-6

5.10 Paragraph (C) Period of Acceptance of Offers 5-7

5.11 Paragraph (E) Multiple Offers 5-8

5.12 Paragraph (I)(5) Availability of Requirements Documents Cited in the

Solicitation 5-8

5.13 Paragraph (M) Communication Regarding This Solicitation 5-8

5.14 Paragraph (N) Questions Regarding This Solicitation 5-8

5.15 Paragraph (O) Instructions for Proposal Preparation 5-8

5.15.1 Introduction 5-9

5.15.2 Proposal Arrangement, Page Limitations, Copies, And Due Date 5-10

5.15.3 Performance Price Tradeoff (Ppt) Proposal Instructions 5-11

5.15.3.1 Technical Acceptability – Volume I 5-12

5.15.3.2 Past Performance – Volume II 5-13

5.15.3.3 Price Proposal – Volume III 5-16

5.15.4 Model Contract – Volume IV 5-18

5.16 Financial Institution Letters 5-18

5.17 List Of Section 5 Attachments 5-18

SECTION 6 – EVALUATION FACTORS FOR AWARD 6-1

6.1 Performance Price Tradeoff (Ppt) Evaluation and Award 6-1

6.1.1 Technical Acceptability Factor (Volume I) 6-1

6.1.2 Past Performance (Volume II) 6-2

6.1.3 Price (Volume III) 6-4

6.2 Price Performance Trade-Off (PPTO) Evaluation Methodology 6-4

SECTION 7 – REPRESENTATIVES, CERTIFICATION AND OTHER STATEMENTS 7-1

7.1 52.204-29 Federal Acquisition Supply Chain Security Act Orders— Representation and Disclosures (Dec 2023)

7-1

7.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS

COMMERCIAL ITEMS (FEB 2024) – ALTERNATE I (FEB 2024)

7-2

1 - 1

SECTION 1 - CONTINUATION OF SF 1449

1.1) FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates FAR and NASA FAR Supplement (NFS) clauses by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of a clause may be accessed electronically at this/these address(es):

FAR – https://www.acquisition.gov/browse/index/far NFS – https://www.acquisition.gov/nfs

(End of clause)

1.2) SCOPE OF WORK

The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to perform the requirements set forth in the Performance Work Statement incorporated in Section 4 as Attachment 4.1 – Performance Work Statement.

1.3) PLACE OF PERFORMANCE – SERVICES

The Contractor shall perform the work under this contract at the Government’s site, defined as N A S A ’ s Space Flight Region which includes: Stennis Space Center (SSC); Johnson Space Center (JSC) (including Government-maintained facilities in the immediate JSC area (including the Sonny Carter Training Facility and Ellington Field)); White Sands Test Facility located in Las Cruces, New Mexico; Kennedy Space Center (KSC); Marshall Space Flight Center (MSFC), and the Michoud Assembly Facility (MAF). The Contractor may be required to perform services at other NASA operating locations or alternate work locations not currently specified including locations outside of NASA’s Space Flight Region. In the event services are required at other NASA operating locations or alternate work locations the Government and the Contractor shall negotiate the FBR for the location.

(End of clause)

1.4) PERIOD OF PERFORMANCE

The period of performance for the contract shall be from April 1, 2025, to May 31, 2030.

(End of clause)

1.5) PHASE-IN

The 60-day phase-in period shall be from February 1, 2025, to March 31, 2025, at a firm-fixed price of $ Offeror fill-in.

1.6) TYPE OF CONTRACT: INDEFINITE DELIVERY INDEFINITE QUANTITY/FIRM

FIXED PRICE

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/nfs

1 - 2

(a) The minimum contract value of work that will be ordered under this contract is the phase-in value or $100,000, whichever is less. The maximum value that can be ordered under this contract is $200,000,000.

1.7) FULLY BURDENED RATES INDEFINITE DELIVERY/INDEFINITE QUANTITY

PRICING TABLE

See Attachment 4.15.

[END OF SECTION]

80SSC024R0001

2 - 1

SECTION 2 - 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

(Nov 2023)

NOTE: Paragraph (a) thru (v) are incorporated by reference, the following paragraph Section 2.A including 2.A.1 through 2.A.18 are incorporated as an ADDENDUM to FAR 52.212-4:

NOTE: Clauses identified with a specific center acronym (JSC, KSC, MSFC, SSC, etc) are applicable only to that center and associated Task Order(s).

SECTION 2.A – ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -

COMMERCIAL ITEMS

Paragraph (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes such as changes in the paying office, appropriations data, incremental funding, etc., which may be changed unilaterally by the Government.

Paragraph (w) Ordering. Orders may be issued orally or by electronic commerce methods.

Note: Any inconsistencies between FAR Clause 52.212-4 and this Addendum of this solicitation or contract shall be resolved by giving precedence to the Addendum to FAR 52.212-4, except for paragraph 52.212-4(s)(2)

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE

NUMBER

DATE TITLE

52.202-1 Jun 2020 Definitions 52.203-12 Jun 2020 Limitation on Payments to Influence Certain

Federal Transactions 52.204-4 MAY 2011 Printed or Copied Double-Sided on

Postconsumer Fiber Content Paper 52.204-9 JAN 2011 Personal Identity Verification (PIV) of

Contractor Personnel (See Attachment 4.14)

52.204-13 OCT 2018 System for Award Management Maintenance

52.204-18 AUG 2020 Commercial and Government Entity Code Maintenance

52.204-19 DEC 2014 Incorporation by Reference of Representations and Certifications

52.204-23 DEC 2023 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

52.211-15 APR 2008 Defense Priority and Allocation Requirements

52.223-5 MAY 2011 Pollution Prevention and Right-to-Know Information – Alternate I

52.223-10 MAY 2011 Waste Reduction Program 52.228-5 JAN 1997 Insurance – Work on a Government Installation

2 - 2

52.232-1 APR 1984 Payments 52.232-39 JUN 2013 Unenforceability of Unauthorized Obligations 52.233-1 May 2014 Disputes 52.233-1 Alternate

Dec 1991 Disputes

52.237-2 APR 1984 Protection of Government Buildings, Equipment, and

Vegetation 52.237-3 JAN 1991 Continuity of Services 52.242-15 AUG 1989 Stop-Work Order 52.245-1 SEP 2021 Government Property 52.245-9 APR 2012 Use and Charges 52.246-4 AUG 1996 Inspection of Services-Fixed-Price

II. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES

CLAUSE

DATE TITLE

1852.203-71 JUL 2023 Requirement to Inform Employees of Whistleblower

Rights 1852.204-76 JAN 2011 Security Requirements for Unclassified Information

Technology Resources 1852.208-81 NOV 2004 Restrictions on Printing and Duplicating

1852.215-84 NOV 2023

OMBUDSMAN

1852.216-78

1852.223-70 DEC 2015 Safety and Health Measures and Mishap Reporting

1852.223-75 FEB 2002;

ALT I FEB

Major Breach of Safety or Security

1852.228-75 OCT 1988 Minimum Insurance Coverage

1852.237-70 DEC 1988 Emergency Evacuation Procedures 1852.237-72 JUN 2005 Access to Sensitive Information 1852.237-73 JUN 2005 Release of Sensitive Information 1852.242-72 OCT 2015 Denied Access to NASA Facilities

2.A.1) 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the SSC Procurement Officer and shall not be binding until so approved.

2.A.2) 52.216-18 ORDERING (AUG 2020)

2 - 3

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the schedule.

Such orders may be issued from April 1, 2025 through May 31, 2030

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

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

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

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

(3) If sent electronically, the Government either—

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

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

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

2.A.3) 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $100M;

(2) Any order for a combination of items in excess of $100M; or

(3) A series of orders from the same ordering office within seven (7) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

2 - 4

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

2.A.4) 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the order limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period provided that the Contractor shall not be required to make any deliveries under this contract after May 31, 2030.

2.A.5) 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 within 30 days before the contract expires.

2.A.6) 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A)

CONCERNS (OCT 2022)

(a) Offers are solicited only from—

2 - 5

(1) Small business concerns expressly certified by the Small Business Administration (SBA) for participation in SBA's 8(a) program and which meet the following criteria at the time of submission of offer—

(i) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(ii) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by SBA;

(2) A joint venture, in which at least one of the 8(a) program participants that is a party to the joint venture complies with the criteria set forth in paragraph (a)(1) of this clause, that complies with 13 CFR 124.513(c); or

(3) A joint venture—

(i) That is comprised of a mentor and an 8(a) protégé with an approved mentor-protégé agreement under the 8(a) program;

(ii) In which at least one of the 8(a) program participants that is a party to the joint venture complies with the criteria set forth in paragraph (a)(1) of this clause; and

(iii) That complies with 13 CFR 124.513(c).

(b) By submission of its offer, the Offeror represents that it meets the applicable criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation. A contracting officer may consider a joint venture for contract award. SBA does not approve joint ventures for competitive awards, but see 13 CFR 124.501(g) for SBA's determination of participant eligibility.

(d) The ____________ [insert name of SBA's contractor]will notify the____________ [insert name of contracting agency]Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock.

2.A.7) 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any NASA FAR Supplement Regulation (48 CFR

18) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

https://www.ecfr.gov/current/title-13/section-124.513#p-124.513(c) https://www.ecfr.gov/current/title-13/section-124.513#p-124.513(c) https://www.ecfr.gov/current/title-13/section-124.501#p-124.501(g)

2 - 6

2.A.8) 1852.216-80 TASK ORDERING PROCEDURES (OCT 1996) – ALTERNATE II (APR

2018)

(a) Only the Contracting Officer may issue task orders to the Contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the schedule. The Contractor may incur costs under this contract in performance of task orders and task order modifications issued in accordance with this clause. No other costs are authorized unless otherwise specified in the contract or expressly authorized by the Contracting Officer.

(b) Prior to issuing a task order, the Contracting Officer shall provide the Contractor with the following data:

(1) A functional description of the work identifying the objectives or results desired from the contemplated task order.

(2) Proposed performance standards to be used as criteria for determining whether the work requirements have been met.

(3) A request for a task plan from the Contractor to include the technical approach, period of performance, appropriate cost information, and any other information required to determine the reasonableness of the Contractor's proposal.

(c) Within _7_ calendar days after receipt of the Contracting Officer's request, the Contractor shall submit a task plan conforming to the request.

(d) After review and any necessary discussions, the Contracting Officer may issue a task order to the Contractor containing, as a minimum, the following:

(1) Date of the order.

(2) Contract number and order number.

(3) Functional description of the work identifying the objectives or results desired from the task order, including special instructions or other information necessary for performance of the task.

(4) Performance standards, and where appropriate, quality assurance standards.

(5) Maximum dollar amount authorized (cost and fee or price). This includes allocation of award fee among award fee periods, if applicable.

(6) Any other resources (travel, materials, equipment, facilities, etc.) authorized.

(7) Delivery/performance schedule including start and end dates.

(8) If contract funding is by individual task order, accounting and appropriation data.

(e) The Contractor shall provide acknowledgement of receipt to the Contracting Officer within

_5_ calendar days after receipt of the task order.

2 - 7

(f) If time constraints do not permit issuance of a fully defined task order in accordance with the procedures described in paragraphs (a) through (d), a task order which includes a ceiling price may be issued.

(g) The Contracting officer may amend tasks in the same manner in which they are issued.

(h) In the event of a conflict between the requirements of the task order and the Contractor's approved task plan, the task order shall prevail.

(i) Contractor shall submit progress reports, as required. When required, the reports shall contain, at a minimum, the following information:

(1) Contract number, task order number, and date of the order.

(2) Price and billed amounts to date for each task order.

(3) Significant issues/problems associated with the task order.

(4) Status of all task orders issued under the contract.

(5) Invoice number.

2.A.9) 1852.219-11 SPECIAL 8(a) CONTRACT CONDITIONS. (APR 2015)

(a) This contract is issued as a direct award between the contracting activity and the 8(a) contractor pursuant to a Partnership Agreement between the Small Business Administration (SBA) and the National Aeronautics and Space Administration.

Accordingly, the SBA is not a signatory to this contract. SBA does retain responsibility for 8(a) certification, 8(a) eligibility determinations and related issues, and providing counseling and assistance to the 8(a) contractor under the 8(a) program. The cognizant SBA district office is:

Mississippi District Office 210 E. Capitol Street, Suite 900 Jackson, MS 39201

(b) The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract;

provided, however, that the contracting activity shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting activity shall also coordinate with the SBA prior to processing any novation agreement. The contracting activity may assign contract administration functions to a contract administration office.

(c) The contractor agrees to notify the Contracting Officer, simultaneous with its notification to SBA (as required by SBA's 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with Section 407 of Public Law 100-656, transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the

2 - 8 requirement for termination prior to the actual relinquishing of ownership and control.

(End of Clause)

2.A.10) 1852.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a)

CONCERNS. (APR 2015)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer—

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)

(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The ______Offeror Fill-in__________________[insert name of SBA's contractor] will notify the NASA/SSC Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

2.A.11) 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 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 the locations identified in the Statement of Work, where

2 - 9 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.

2.A.12) 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (MAR 1989)

(a) (a) Of the total price of items TBD through TBD, the sum of $ TBD is presently available for payment and allotted to this contract. It is anticipated that from time to time additional funds will be allocated to the contract in accordance with the following schedule, until the total price of said items is allotted:

SCHEDULE FOR ALLOTMENT OF FUNDS

Date TBD Amounts TBD

(b) The Contractor agrees to perform or have performed work on the items specified in paragraph (a) of this clause up to the point at which, if this contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause would, in the exercise of reasonable judgment by the Contractor, approximate the total amount at the time allotted to the contract.

The Contractor is not obligated to continue performance of the work beyond that point. The Government is not obligated in any event to pay or reimburse the Contractor more than the amount from time to time allotted to the contract, anything to the contrary in the Termination for Convenience of the Government clause notwithstanding.

(c) (1) It is contemplated that funds presently allotted to this contract will cover the work to be performed until TBD .

(2) If funds allotted are considered by the Contractor to be inadequate to cover the work to be performed until that date or an agreed date substituted for it, the Contractor shall notify the Contracting Officer in writing when within the next 60 days the work will reach a point at which, if the contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause will approximate 75 percent of the total amount then allotted to the contract.

(3) (i) The notice shall state the estimate when the point referred to in paragraph (c)(2) of this clause will be reached and the estimated amount of additional funds required to continue performance to the date specified in paragraph (c)(1) of this clause or an agreed date substituted for it.

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

2 - 10

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

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

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

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

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

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

2.A.13) 1852.232-80 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT (APR 2018)

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

Invoices are to be submitted via the Invoice Processing Platform (IPP).

(b) Except for classified vouchers, the Contractor shall submit all vouchers and invoices using the steps described at NSSC’s Vendor Payment information web site at:

https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at 1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.

(c) Payment requests.

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

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

2 - 11

(i) Vouchers.

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

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

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

(D) Progress reports, as required.

(ii) Invoices.

(A) Description of goods and services delivered as part of the contract’s terms and conditions, including the dates of delivery/performance.

(B) Progress reports, as required.

(C) Date goods and services were performed.

(iii) Fee vouchers.

(A) Listing of all provisionally-billed fee by period or date earned since contract award.

(B) A reconciliation of all billed and earned fee.

(C) A clear explanation of the fee calculations.

(d) Non-electronic payment requests. The Contractor may submit a non-electronic voucher/invoice using the steps for non-electronic payment requests described at https://www.nssc.nasa.gov/vendorpayment, when any of the following conditions are met:

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor.

(2) The contract includes provisions allowing the contractor to submit vouchers or invoices using the steps for non-electronic payment requests. In such instances the Contractor agrees to submit non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) Improper vouchers/invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in a voucher/invoice within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (b) of this section.

(f) Other payment clauses. In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(g) In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate payment request for the amount withheld will be required before payment for that amount may be made.

2.A.14) 1852.245-71 INSTALLATION-ACCOUNTABLE GOVERNMENT PROPERTY (JUN

2018) -- ALTERNATE I (JAN 2011)

(a) The Government property described in paragraph (c) of this clause may be made available to the Contractor on a no-charge basis for use in performance of this contract. This property shall be utilized only within the physical confines of the NASA installation that provided the property unless authorized by the Contracting Officer under (b)(1)(iv). Under this clause, the Government retains accountability for, and title to, the property, and the Contractor shall comply with the following:

2 - 12

NASA Procedural Requirements (NPR) 4100.1, NASA Materials Inventory Management Manual;

NASA Procedural Requirements (NPR) 4200.1, NASA Equipment Management Procedural Requirements;

NASA Procedural Requirement (NPR) 4300.1, NASA Personal Property Disposal Procedural Requirements;

[Insert any additional property management responsibilities.].

Property not recorded in NASA property systems must be managed in accordance with the requirements of the clause at FAR 52.245-1, as incorporated in this contract.

The Contractor shall establish and adhere to a system of written procedures to assure continued, effective management control and compliance with these user responsibilities. In accordance with FAR 52.245-1(h)(1) the contractor shall be liable for property lost, damaged, destroyed or stolen by the contractor or their employees when determined responsible by a NASA Property Survey Board, in accordance with the NASA guidance in this clause.

(b)(1) The official accountable recordkeeping, financial control, and reporting of the property subject to this clause shall be retained by the Government and accomplished within NASA management information systems prescribed by the installation Supply and Equipment Management Officer (SEMO) and Financial Management Officer. If this contract provides for the Contractor to acquire property, title to which will vest in the Government, the following additional procedures apply:

(i) The Contractor shall not utilize the installation's central receiving facility for receipt of contractor-acquired property. However, the Contractor shall provide listings suitable for establishing accountable records of all such property received, on a monthly basis, to the SEMO.

(ii) The Contractor shall furnish a copy of each purchase order, prior to delivery by the vendor, to the installation central receiving area.

(iii) The Contractor shall establish a record for Government titled property as required by FAR 52.245-1, as incorporated in this contract, and shall maintain that record until accountability is accepted by the Government.

(iv) Contractor use of Government property at an off-site location and off-site subcontractor use requires advance approval of the Contracting Officer and notification of the Industrial Property Officer. The property shall be considered Government furnished and the Contractor shall assume accountability and financial reporting responsibility. The Contractor shall establish records and property control procedures and maintain the property in accordance with the requirements of FAR 52.245-1, Government Property (as incorporated in this contract), until its return to the installation. NASA Procedural Requirements related to property loans shall not apply to offsite use of property by contractors.

(2) After transfer of accountability to the Government, the Contractor shall continue to maintain such internal records as are necessary to execute the user responsibilities identified in paragraph (a) of this clause and document the acquisition, billing, and disposition of the property.

These records and supporting documentation shall be made available, upon request, to the SEMO and any other authorized representatives of the Contracting Officer.

(c) The following property and services are provided if checked:

2 - 13

_X_ (1) Office space, work area space, and utilities. Government telephones are available for official purposes only.

_X_ (2) Office furniture.

_X_ (3) Property listed in: Attachment 4.13.

(i) If the Contractor acquires property, title to which vests in the Government pursuant to other provisions of this contract, this property also shall become accountable to the Government upon its entry into Government records.

(ii) The Contractor shall not bring to the installation for use under this contract any property owned or leased by the Contractor, or other property that the Contractor is accountable for under any other Government contract, without the Contracting Officer's prior written approval.

___ (4) Supplies from stores stock.

_X_ (5) Publications and blank forms stocked by the installation.

_X_ (6) Safety and fire protection for Contractor personnel and facilities.

_X__ (7) Installation service facilities: (See Attachment 4.21 KSC Government Furnished Services (GFS))

_X_ (8) Medical treatment of a first-aid nature for Contractor personnel injuries or illnesses sustained during on-site duty.

_X_ (9) Cafeteria privileges for Contractor employees during normal operating hours.

_X_ (10) Building maintenance for facilities occupied by Contractor personnel.

_X_ (11) Moving and hauling for office moves, movement of large equipment, and delivery of supplies. Moving services may be provided on-site, as approved by the Contracting Officer.

2.A.15) 1852.245-82 Occupancy Management Requirements (SEP 2017)

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

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

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

(b) The Contractor shall obtain the written approval of the Contracting Officer before installing or removing Contractor-owned property onto or into any Government real property or when movement of Contractor-owned property may damage or destroy Government-owned property.

The Contractor shall restore damaged property to its original condition at the Contractor's expense.

(c) The Contractor shall not acquire, construct or install any fixed improvement or structural alterations in Government buildings or other real property without the advance, written approval

2 - 14 of the Contracting Officer. Fixed improvement or structural alterations, as used herein, means any alteration or improvement in the nature of the building or other real property that, after completion, cannot be removed without substantial loss of value or damage to the premises.

Title to such property shall vest in the Government.

(d) The Contractor shall report any real property or any portion thereof when it is no longer required for performance under the contract, as directed by the Contracting Officer.

2.A.16) JSC 52.204-92 NASA Security Program and Identification of Employees. (JUL 2022) (JSC Procurement Instruction)

(a) The contractor shall adhere to Center and Agency-wide program policy and guidance for security operations and the Contractor shall comply with the following:

• NPR 1600.1, NASA Security Program Procedural Requirements (current version)

• NPD 1600.9, NASA Insider Threat Program

• NPD 1600.3, Policy on Prevention of and Response to Workplace Violence

• NPR 1600.3, Personnel Security (current version)

• NPR 1600.4, Identity and Credential Management. (current version)

(b) For any contract requiring a Facility Clearance Level (FCL) for access to Classified National Security Information (CNSI), the contractor shall adhere to the Agency-wide program policy and guidance related to the protection of CNSI by complying with the following:

• NPR 1600.2, NASA Classified National Security Information (current version)

(c) For any contract requiring an FCL for access to CNSI and requiring access to Communications Security (COMSEC) equipment, the contractor shall adhere to the Agency-wide program policy and guidance related to the protection of COMSEC equipment by complying with the following:

• NPR 1600.6, Communications Security (COMSEC) (NPR 1600.6 is a protected document that can be obtained by contractors that have a need-to-know. The JSC point of contact is the JSC COMSEC Account Manager (CAM)).

(d) At all times while on NASA property, the contractor, subcontractors, their employees, and agents shall wear NASA issued credentials. NASA credentials will be issued in accordance with NPR 1600.4, Identity and Credential Management. The employee’s Facility Security Officer (FSO) and/or Designated Official (DO) will submit an identity request for temporary (between 29 and 179 days) or permanent (greater than 180 days) credentials within the NASA Identity and Access Management (IdMAX) system.

(e) Credentials will be issued at the following locations:

• Johnson Space Center (JSC) Badging Office, Building 110, Monday through Friday excluding holidays.

• White Sands Test Facility (WSTF), Protective Services Office Building (PSOB), Building 108, Monday through Friday excluding holidays. WSTF visitor credentials will be issued on a 7-day-a-week, 24-hour-a-day basis.

(f) FSO or DO needing identity requester rights, must complete the following training in SATERN: Personal Identity Verification (PIV) – ICAM Overview “AG-PIV-ICAM-OVERVIEW”

2 - 15 and Personal Identity Verification (PIV) – Requester Module “AG-PIV-IDENTITY- REQUESTER.” After completion of the training, the FSO/DO will request the following rights in NAMS: Agency ICAM Infrastructure; with the Identity Requester role.

Lastly, submit a JSC Form (JF) 200, NASA JSC Agreement Maintenance Card to be added as a Requester for the contract/agreement of responsibility. This will allow the contractor to have identity requester privileges within IdMAX.

(g) For temporary credential requests, the FSO/DO will submit the credential request within IdMAX and instruct the employee to visit the JSC Badging Office to complete the enrollment process for the temporary credential. The employee will need to present two forms of matching I-9 identification documents to process a temporary credential. The list of acceptable I-9 documents can be found on the U.S. Citizenship and Immigration Services (USCIS) website located at www.uscis.gov.

(h) For permanent credential requests, the FSO/DO will submit the request within IdMAX. NASA Personnel Security will notify the employee via email to begin background investigation processing and will provide the employee the necessary forms to complete the eQIP process electronically. Once the background investigation process is complete, the employee will be notified to go to the JSC Badging Office or the NASA Facility nearest to the employee for enrollment. Employees will present two forms of matching I-9 identification documents to process for a permanent credential; and will receive a temporary 30-day credential or Interim Agency Smart Badge until the PIV credential is ready for pickup. When the PIV credential arrives, the employee will receive an email notification for credential pickup.

(i) The contractor shall be held accountable for issued credentials, keys, and other items. The contractor must assure credentials (returned to JSC Badging Office) and keys (returned to JSC Locksmith Office) are returned upon completion of work under the contract in accordance with the procedures listed on JF 760, JSC Termination/Retiree and Return for Future Use Checklist.

2.A.17) SURVEILLANCE PLAN

A Surveillance Plan will be developed and implemented for each task order, as needed, by the Contracting Officer’s Representative as a part of the contract administration and monitoring activities conducted to assure that the Government receives products and services that conform to contract requirements.

2.A.18) KSC 52.223-121 REPORTING OF INCIDENTS INVOLVING WORKPLACE

VIOLENCE (OCT 2023)

The contractor shall conduct training on and develop procedures for recognizing, managing and responding to incidents and threats of workplace violence as defined in NASA Policy Directive (NPD) 1600.3 Policy on Prevention of and Response to Workplace Violence and Kennedy NASA Procedural Requirement (KNPR) 1620.9 Kennedy Space Center Workplace Violence Prevention and Response Program. Contractors shall also promptly report all incidents involving workplace violence to the Protective Services Office. If the NASA Threat Assessment Team (TAT) Chair and Co-Chair determine it is appropriate for the contractor to participate in a TAT meeting, the contractor shall comply with the TAT request. The contractor is also responsible for reporting disposition of the incident reported to the NASA

TAT.

http://www.uscis.gov/

2 - 16

This requirement shall flow down to the subcontractors, however the subcontractors shall report up through the prime contractor.

2.A.19) KSC 52.242-90 CONTROLS APPLICABLE TO CONTRACTOR’S ACTIVITIES (JUL

2018)

The Contractor shall comply with the publications listed and those checked as applicable below, and subsequent revision thereof, that the Contracting Officer has indicated as being incorporated in this contract by reference. These publications prescribe regulatory and procedural criteria which are applicable to this contract. The contractor shall promptly take corrective action upon notice of noncompliance from the Contracting Officer or his/her authorized representative(s) with any provision of the publications listed below.

The Contractor shall comply with the following publication, which can be found at https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1600&s=4A :

NPR 1600.4A, Identity and Credential Management

The Contractor shall comply with the following publications and those publications checked as applicable below. These documents can be found at https://public.ksc.nasa.gov/ppd/documents

KNPR 8715.2, Comprehensive Emergency Management Plan KNPR 1600.1, KSC Security Procedural Requirements KNPR 8500.1, KSC Environmental Requirements KNPR 8715.3, KSC Safety Procedural Requirements KNPD 1600.3, Use of Alcoholic Beverages on Kennedy Space Center (KSC) Property

Check if applicable:

[ X ] KNPD 1810.1 KSC Occupational Medicine Program [ X ] KNPR 1860.1 KSC Ionizing Radiation Protection Program [ X ] KNPR 1860.2 KSC Nonionizing Radiation Protection Program [ X ] KNPR 1820.3 KSC Hearing Loss Prevention Program [ X ] KNPR 1820.4 KSC Respiratory Protection Program [ X ] KNPR 1840.19 KSC Industrial Hygiene Programs [ ] 45SWI40-201 45th Space Wing Instruction 40-201 Radiation Protection Program [ X ] KNPR 1840.1 KSC Hazard Communication Program [ ] KNPR 1870.1 KSC Sanitation and Public Health Program [ ] KNPR 2570.1 KSC Radio Frequency Spectrum Management Procedural Requirements [ X ] KNPR 4000.1 Supply and Equipment Program Manual [ ] KNPR 6000.1 KSC Transportation Support System Manual [ ] KNPR 8715.7 KSC Construction Contractor Safety and Health Practices Procedural Requirements [ X ] KNPR 8830.1 Facility Asset Management Procedural Requirements

2.A.20) KSC 52.242-93 CONTRACTOR WORKFORCE REPORT – ON-SITE

CONTRACTORS AND SUBCONTRACTORS (MAR 2022) – ALERNATE I (MAR 2022) –

ALTERNATE II (MAR 2022)

https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1600&s=4A https://public.ksc.nasa.gov/ppd/documents

2 - 17

The Contractor shall submit, on a quarterly basis, a manpower report delineating information about its workforce, including the same level of information about its subcontractor workforce performing on the contract (if applicable). The report shall include:

• the contract number,

• the contractor’s total on-site workforce,

• total on-site union represented employees by bargaining unit,

• total on-site non-union represented employees,

• total off-site workforce, and

• total workforce in a full-time teleworking status performing on the contract.

The Contractor shall provide this information no later than 10 days after the close of each…