Attach M - Contract Data Requirements List.pdf

Attachment M

CONTRACT DATA REQUIREMENTS LIST

National Aeronautics and Space Administration NASA Headquarters (HQ)

June 2023

RFP 80HQTR23R0001

Contract TBD

Attachment M 80HQTR23R0001

DOCUMENT CHANGE LOG

DRD

No.

DRD Title Revision Date

INTRODUCTION

This document defines the requirements for contractual data to be delivered by the contractor to the Government. The data requirements are set forth in each Data Requirements Description (DRD) and shall govern that data required by the contract. The contractor shall furnish data defined by the DRDs as listed on the Contract Data Requirements List (CDRL) by category of data, attached hereto, and made a part of this contract. Such data shall be prepared, maintained, and delivered to NASA in accordance with the requirements set forth within this document. In cases where data requirements are covered by a Federal Acquisition Regulation (FAR) or NASA FAR Supplement (NFS) clause or other term (e.g., requirements statement), that clause or term shall take precedence over the DRD.

Contract Data Requirements List (CDRL): Throughout the performance of the contract, the CDRL provides a listing by number, data type, title, and Office of Primary Responsibility (OPR).

Data Requirements Description (DRD): Each DRD included in this CDRL prescribes content, format, and submittal requirements. The DRDs included in this CDRL are ordered sequentially as listed in the CDRL page(s) that precede(s) the actual DRDs.

Data Type Description: Each DRD is classified by data type as defined below:

TYPE DESCRIPTION

1 - All submittals of and interim changes to Type 1 DRDs require written approval from the contracting officer before formal release for use or implementation.

2 - NASA reserves a time-limited right to disapprove in writing any submittal of and interim changes to Type 2 DRDs. The contractor shall submit the required data to NASA for review within the time period established in the DRD prior to its release for use or implementation. The contractor shall clearly identify the release target date. If the data is unacceptable, the contracting officer will notify the contractor within the time period established in the DRD from the date of submission, regardless of the intended release date. The contractor shall resubmit the information for reevaluation if disapproved. The submittal is considered approved if the contractor does not receive disapproval or an extension request from the contracting officer within the time period established in the DRD.

3 – Type 3 DRDs shall be delivered as required by the contract and do not require NASA approval.

STATEMENT OF GENERAL REQUIREMENTS

Subcontractor Data Requirement The prime contractor is responsible for flowing down any specific data requirements that apply to subcontracts and vendor agreements.

Reference to subcontractor data in the contractor’s responses is permissible and a copy of the referenced subcontractor data must be supplied with the response document at time of delivery to NASA.

Data Distribution, Format, and Transmittal Distribution: Distribution recipients and number of copies are identified within each DRD, provided within the contract, or as directed by the Contracting Officer

(CO).

Format Electronic Format: Electronic submission of data deliverables is required.

Electronic deliverables shall be printable. Data deliverables shall be delivered to NASA in the format specified below unless a specific format is required by a DRD. Data submittals shall consist of a single Adobe Acrobat PDF file and the native format electronic file(s). The preferred native formats include Microsoft Word, Excel, or PowerPoint, as appropriate.

Transmittal Data shall be transmitted to NASA by email.

The email size shall be 10 megabytes or less to ensure receipt by the NASA email servers. Encrypted email format shall be used to transmit data.

Data Transmittal Package: Each data transmittal package shall include a transmittal memorandum that specifies the following:

1. Contract number

2. Data Requirements Description (DRD) number

3. DRD data type

4. Submission date or milestone being satisfied

5. Document number and revision

6. Document title

7. File names of all files being delivered; file naming convention shall clearly identify the document being delivered

8. NASA Records Retention Schedule (NRRS) number, if applicable (See

NRRS 1441.1, NASA Records Retention Schedules)

Document Identification: For all data types, the document number, change legend, date, and title constitute the minimum identification of the specific document and shall appear on the cover and title page. The contract number shall also appear on the cover and title page as separate markings. The originator and organization shall be included on the title page. The document number, change legend, and date shall appear on each page of the document. All Type 1 documentation shall be marked “PRELIMINARY PENDING NASA APPROVAL,” and once approved shall be reissued with “APPROVED BY NASA” and the date and approval authority annotated on the cover.

Data Restriction Determination and Marking Requirements: The contractor shall properly mark data in accordance with the data rights clause(s) included in the contract. The contractor must make a determination for each individual data deliverable, and shall not apply a default or blanket data restriction marking to all data deliverables (e.g., “data may be export restricted”). If NASA does not agree with the contractor applied data restriction, the CO shall return the data to the contractor, cancel the markings, or ignore the markings consistent with the procedures set forth in the “data rights” clause(s) contained in the contract.

Reference to Other Documents and Data Deliverables in Data Submittals: All referenced documents shall be made readily available to the cognizant NASA organization upon request.

Document Revisions

Revisions of documentation previously submitted may be accomplished either by individual page revision or by a complete reissue of the document.

A document shall be completely reissued when, in the opinion of the contractor and/or NASA, the document has been revised to the extent that it is unusable in its present state, or when directed by the CO. When complete reissues are made, the entire contents of the document shall be brought up to date and shall incorporate revised pages. All revisions shall be recorded. A revision log shall identify complete reissues except for periodic reports and documents which are complete within themselves as final.

Individual page revisions shall be made as deemed necessary by the contractor or as directed by the CO.

Changes of a minor nature to correct obvious typing errors, misspelled words, etc., shall only be made when a substantial change is made, unless the accuracy of the document is affected.

All revised pages shall be identified by a revision identifier and a new date. Each document shall contain a log of revised pages that identify the revision status of each page with the revision symbol. This list shall follow the table of contents in each document. The line or lines revised on a given page shall be designated using vertical line in the margin of the page, and the change authority shall be indicated adjacent to the change.

CDRL/DRD MAINTENANCE PROCEDURES

NASA-Initiated Change: New and/or revised data requirements shall be incorporated by contract modification to which the new or revised portion shall be appended. The contractor shall notify the CO in the event a deliverable data requirement is imposed and is not covered by a DRD, or when a DRD is changed by a contract modification and for which no revision is appended.

CDRL or DRD Change Procedures Revisions to the CDRL or DRDs will be identified by NASA in the Document Change Log. The date of the revision, DRD number, title, and revision description will be annotated in the Document Change Log. Revision descriptions will include the modification number, which implements the change, and a brief description of the portions of the CDRL and/or DRD affected within the “Revision” column of the Document Change Log.

1. DRD Title: Organizational Conflicts of Interest (OCI) Plan

2. DRD No.: 1 3. Data Type: 1 4.OPR: OP

5. Solicitation No.: 80HQTR23R0001

6. Contract No.: TBD

7. Date Issued: 10/28/2021

8. Date Revised: 03/2022 9. DRD Category:

Technical ☐ Administrative ☒

S&MA ☐

10. Description/Use: The Plan will communicate the contractor’s approach to identify and resolve OCIs. The contractor will be held accountable for identifying, dispositioning, and reporting OCIs during contract performance.

11. Distribution: Distribution shall be as instructed by the contracting officer.

Initial Submission: Plan shall be submitted with the initial proposal.

Submission Frequency: As needed.

Format: Contractor’s format is acceptable. The electronic format shall be compatible with Microsoft Office.

Interrelationship: NASA Federal Acquisition Regulation (FAR) Supplement (NFS) 1852.209-71, Limitation of Future Contracting, NFS 1852.237-72, Access to Sensitive Information, NFS 1852.237-73, Release of Sensitive Information. Performance Work Statement (Attachment A).

Applicable Documents: FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, NFS 1809.500, NASA Guide on Organizational Conflicts of Interest.

Scope: The OCI Plan describes the contractor’s comprehensive approach to identify, avoid, mitigate, neutralize, and report potential OCI issues, including conflicts described in the solicitation and those discovered during contract performance.

Contents: The OCI Plan shall meet the requirements of FAR 9.5 and include the following:

1. Point of contact for OCI issues and reports.

2. Demonstrate an understanding of (1) OCI principles and (2) the full breadth of OCI issues and the types of harm that can result. The Plan at a minimum addresses the three primary types of OCIs (i.e., biased ground rules, unequal access to information, and impaired objectivity).

3. Define company roles, responsibilities, and procedures for (1) screening (i.e., identifying/recognizing, analyzing/evaluating, resolving, and reporting) existing and new business opportunities for actual/potential OCIs and (2) monitoring and reporting all potential/actual OCIs that arise, resolving conflicts, and reporting previously unidentified OCIs or potential OCIs to the Government.

4. Describe how employees are notified of the Plan’s requirements and how this notification will be documented. Establish and require entrance training for new employees, refresher training for existing employees, and exit training for departing employees. Describe how completion of this training will be documented, including a copy of any training certification template that the contractor will use to document that its employees have completed training.

5. Describe how the contractor will report breaches of the protective measures in the Plan to the contracting officer. Describe what processes the contractor will implement following any breach and indicate that final resolution of the corrective action must be approved by the contracting officer.

6. Identify any affiliated companies/entities (e.g., a parent company or a wholly owned subsidiary) and procedures for coordinating OCIs with such affiliated companies/entities.

7. Address the process for reporting all potential/actual OCIs that arise during performance of the contract. An OCI report shall include (1) a description of the conflict, (2) the plan for resolving the conflict, and (3) the benefits/risks to contract performance associated with plan approval/acceptance. Specific resolution strategies shall be appended to the Plan upon approval by the Government.

8. Explain how the contractor will flow down the provisions of this Plan to any subcontractor that may have a conflict with regard to performing the requirements of this contract. Discuss affected subcontractors’ OCI program as it relates to this contract and specifically explain how affected subcontractors will identify, resolve, and report actual/potential OCIs associated with this contract.

9. Define organizational and employee sanctions for violations of established OCI procedures/requirements/guidelines.

10. Include an assertion from the Contractor that to the best of their knowledge no OCIs exist currently, if applicable. Provide a list of all the prime’s and subcontractor’s NASA contracts and subcontracts, which would provide the CO a better understanding of other NASA work performed by the Offeror that may give rise to an actual or potential conflict.

11. Include a requirement to update this plan as necessary to address specific OCIs. All updates to the plan must be approved by the contracting officer and the updates/changes must be incorporated in the contract to be effective.

12. Require periodic self-audits to ensure compliance with established OCI procedures/requirements/guidelines.

13. Define records related to the OCI plan (e.g., training and audit records) that will be made available to the Government upon request. Note: The OCI Plan as outlined in paragraphs 1 through 12 above is not for the purpose of addressing other very important contractual obligations such as (1) the contractor’s obligation to protect sensitive information in accordance with NFS 1852.237-72, Access to Sensitive Information, (2) the contractor’s obligation to conduct business in an ethical manner in accordance with FAR 52.203-13, contractor’s Code of Business Ethics and Conduct, and (3) the contractor’s obligation to prevent personal conflicts of interest in accordance with FAR 52.203-16, Preventing Personal Conflicts of Interest.

14. In an appendix to the OCI Plan identify the strategy (e.g., mitigation, limitation on future contracting, etc.) for resolving each OCI that is either identified in the solicitation or created by the requirements of the solicitation/contract and explain the effect of such strategy on performance of the contract. If using a firewall, explain how these actions will operate to successfully address the conflict without adversely affecting performance of the contract. (Note: Specific plans to limit future competition are reflected in the clause at NFS 1852.209-71, Limitation of Future Contracting.)

Remarks: None.

Maintenance: The contractor shall review the OCI Plan on an annual basis or as directed by the contracting officer to revise the OCI Plan if necessary. Revisions are subject to Contracting Officer approval and shall be incorporated by change page or complete reissue.

1. DRD Title: Diversity, Equity, Inclusion, and Accessibility (DEIA) Plan

2. DRD No.: 2 3. Data Type: 3 4. OPR: OP

5. Solicitation No.: 80HQTR23R0001

6. Contract No.: TBD

7. Date Issued: 10/28/2021

8. Date Revised: 03/2022 9. DRD Category:

Technical

Administrative ☒

S&MA ☐

10. Description/Use: The DEIA plan demonstrates the contractor’s commitment to fairness regarding diversity, equity, inclusion, and accessibility. This plan will provide NASA with an understanding of how the contractor plans to recruit, retain, and develop a diverse high performing workforce from underserved communities. The plan shall include measurable performance metrics and objectives. The DEIA plan will be utilized as an assessment tool by the contracting officer to monitor the contractor’s progression in its commitment to diversifying its workforce.

11. Distribution: Gary Debes, Contract Specialist, gary.g.debes@nasa.gov

Initial Submission: Plan shall be submitted within 30 days after contract award.

Submission Frequency: Update annually

Format: Contractor’s format is acceptable.

Interrelationship: N/A

Applicable Documents: Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government

Scope: In support of the Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, NASA is seeking to advance equity or remove barriers for members of underserved communities to access procurement opportunities. Underserved communities refer to populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life. Underserved Communities include Black, Latino, Indigenous, Native American, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.

Contents:

The DEIA Plan shall identify qualitative and quantitative approaches utilized to measure progress in the areas of Leadership and Commitment, Diverse Talent, and Culture and Sustainability. The following shall be addressed annually:

Leadership and Commitment – Demonstrate leadership’s commitment and accountability to diversity, equity, and inclusion. Identify quantitative approaches utilized to measure progress of a Diversity and Inclusion program

1. What is the operational status of, and level of resources available to, offices or divisions within the organization that are responsible for advancing civil rights or whose mandates specifically include serving underrepresented or disadvantaged communities?

2. What actions has the organization taken to implement affirmative equity-enhancing policies, regulations, guidance, and approaches to emphasizing equity in policy- and rule-making processes?

3. Describe how the organization’s commitment will be communicated internally and externally from leadership to employees and stakeholders.

Diverse Talent – Demonstrate a pursuit of a high performing diverse workforce from underserved communities.

1. Discuss the specific diversity metrics utilized by the organization to measure performance in achieving a diverse workforce and provide the corresponding metrics for the current or most recent organizational reporting period

2. What barriers or opportunities exist to engage subject matter experts from underserved communities in industry and academia? How does the organization plan to overcome those barriers?

3. How will underserved communities be leveraged?

4. Describe recruiting activities, objectives, and outcomes (e.g., number of participants, number interviewed and hired from underserved communities).

Culture & Sustainability – Demonstrate how an inclusive and fair work environment will be cultivated and maintained.

1. Based on the data, what structures and strategies will be used to manage diversity, measure results, refine approaches, and institutionalize a culture of inclusion?

2. Identify actionable opportunities to improve data collection, use, and sharing that would allow for disaggregation, the ability to deliver services more equitably, and better understanding of how programmatic and policy decisions impact underserved communities.

3. Describe other corporate activities that seek to increase support of diversity, equity, and inclusion.

Remarks: N/A

Maintenance: Changes shall be incorporated by change page or complete reissue.

Contract Data Requirements List

DRD

No.

DRD

Type

DRD Title OPR

1 1 Organizational Conflict of Interest Office of Procurement

(OP)

2 3 Diversity, Equity, and Inclusion Plan OP