Attachment E - Addendum Additional Terms and Conditions.pdf

Attachment E

80LARCLARC24Q0003

ADDENDUM

Terms and Conditions - The contract awarded from this synopsis/solicitation will include the following NASA terms and conditions.

SPECIAL CONTRACT REQUIREMENTS

CLAUSES INCORPORATED BY REFERENCE

NASA FAR Supplement (48 CFR CHAPTER 18) clauses below are incorporated by reference, with the same force and effect as if they were given in full text. The Contractor is responsible for understanding and complying with the entire clause.

NFS 1852.203-71 Requirement to inform employees of whistleblower rights (JUL 2023) NFS 1852.215-84 Ombudsman (NOV 2023) NFS 1852.233-70 Protest to NASA (DEC 2015) NFS 1852.237-73 Release of Sensitive Information (JUN 2005)

(End of by reference clauses)

NASA FAR SUPPLEMENT CLAUSES

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 120-130, and the Export Administration Regulations (EAR), 15 CFR parts 730-799, 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 [insert name of NASA installation], where the foreign person will have access to export-controlled technical data or software.

(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.

(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.

80LARC24Q0003

(End of clause)

1852.232-80 SUBMISSION OF VOUCHERS 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.

(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 backup documentation. Back-up documentation shall include at a minimum, the following information:

(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. 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.

CENTER UNIQUE CLAUSES

LARC 52.201-90 NAMING/NUMBERING SCHEME FOR CLAUSES IN FULL TEXT

AND FOR CLAUSES INCORPORATED BY REFERENCE (MAR 2012)

There are various types of clauses contained in the contract. Most clauses will reference a numbered cite such as: Federal Acquisition Regulation (FAR 52. #); NASA FAR Supplement (NFS 1852. #); or Langley Research Center (LaRC 52. #). There are also clauses that have no numbered cite designation. Those clauses were written by LaRC for this specific contract or were written as generic Agency clauses specific for this contract type.

LARC 52.204-91 Security Program/Foreign National Employee Access Requirements

(MAY 2023)

a) Applicable Definitions:

b)

Foreign National: A foreign national is any person who is not a U.S. citizen, lawful permanent resident, or protected individual as defined by 8 U.S.C. 1101(a) (20) and 8 U.S.C. 1324b(a) (3).

This also means any foreign corporation, business association, partnership, trust, or society, as well as any international organizations, any foreign government, and any agency or subdivision of foreign governments (e.g., diplomatic missions).

Lawful Permanent Resident (LPR): An LPR is any foreign person legally permitted to reside and work within the United States, to include protected individuals. LPRs are to be afforded all the rights and privileges of a U.S. citizen with the exception of voting, holding public office, access to classified national security information, and employment in the federal sector (except for specific needs or under temporary appointment per 5 CFR, Part 7, Section 7.4). LPRs are not prohibited from accessing export controlled items and information, but must have a work-related "need-to-know" for access. LPRs are considered foreign nationals under immigration laws. LPR, as defined herein, is to replace the term “Permanent Resident Alien” (PRA) in all NASA guidance that has not yet been updated to the use of LPR.

Visit: A visit is any means by which, and any duration for which, access is obtained to non-public NASA assets.

NASA Asset: A system, item, person, or any combination thereof, that has importance or value to the NASA mission. People, data, technology, buildings, property, vehicles, blueprints, contracts, records, and funds are examples of what may constitute a NASA asset.

Access: Access, with regard to NASA assets, is the explicit granting of permission to enter and/or use NASA facilities, interact with NASA personnel, and/ or use NASA information and related information processing services.

Physical Access: Physical access is the ability to touch, or walk into or up to, a NASA Asset.

Physical access is controlled through the use of door locks, card readers, gates, fences, officers, walls. The purpose of these controls is to limit access to those persons who have been granted permission to access controlled assets.

Logical Access: Logical access, commonly referred to as IT access, is the ability to interact with electronic data, applications, or systems.

b) The Contractor shall adhere to Center and Agency-wide program policy and guidance for security operations and comply with current versions of the following:

NPR 1600.1, NASA Security Program Procedural Requirements

NPD 1600.9, NASA Insider Threat Program

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

NPR 1600.3, Personnel Security NPR 1600.4, Identity and Credential Management.

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

d) 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 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 LARC point of contact is the LARC COMSEC Account Manager (CAM)).

e) 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 1600.4A, 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.

f) Credentials will be issued at the following locations: Langley Badge and Pass Office or other NASA Center as coordinated and approved by the Protective Services Office.

g) Requirements for Physical and Logical Access for Foreign Nationals:

a. Physical and logical access to the NASA Langley Research Center (LaRC) by foreign nationals shall be approved in accordance with NPR 1600.4. Chapter 4, “Identity and Credential Management” and the NASA Foreign National Access Management Operations Manual (May 2016), which can be found at NASA Foreign National Access Management Operations Manual (May 2016).

b. Center access approval requires a minimum of 5 (five) working days advance notice.

Designated country nationals require a minimum of 30 (thirty) working days advance notice because of additional approval requirements. Information on Designated Countries is available at: https://oiir.hq.nasa.gov/nasaecp/docs/DCList_10-24-2018.pdf.

c. Foreign nationals shall be escorted at all times while on Center by a NASA Civil Servant or permanently badged contractor who has completed the required escort training unless otherwise approved by the Center Chief of Protective Services. In exceptional cases as required by NASA Mission requirements, a waiver to the escort requirement may be granted by the Center Chief of https://nasa.sharepoint.com/sites/ops/SiteAssets/Forms/AllItems.aspx?id=%2Fsites%2Fops%2FSiteAssets%2FSitePages%2FForeign%2DNational%2DAccess%2FFNAM%5FOperationsManual%5FTAGGED%2Epdf&parent=%2Fsites%2Fops%2FSiteAssets%2FSitePages%2FForeign%2DNational%2DAccess https://nasa.sharepoint.com/sites/ops/SiteAssets/Forms/AllItems.aspx?id=%2Fsites%2Fops%2FSiteAssets%2FSitePages%2FForeign%2DNational%2DAccess%2FFNAM%5FOperationsManual%5FTAGGED%2Epdf&parent=%2Fsites%2Fops%2FSiteAssets%2FSitePages%2FForeign%2DNational%2DAccess https://oiir.hq.nasa.gov/nasaecp/docs/DCList_10-24-2018.pdf

Protective Services.

d. Foreign Nationals must request and obtain prior approval from Joint Base Langley-Eustis prior to entering Joint Base Langley-Eustis through the NASA LARC Protective Services Office International Visits Coordinator. Access is subject to conditions imposed by Joint Base Langley-Eustis and may require a U.S. citizen escort at all times. Information is available at: https://lms.larc.nasa.gov/admin/documents/LF295_1.1.pdf. Note: Links to documents and forms accessed require the document/form to be downloaded/saved and then opened in Adobe acrobat to access the form's content. Document requires Adobe 8 or higher.

h) Requirements for Physical and Logical Access for LPRs:

a. Visit requests shall be submitted directly to the Badge and Pass Office (BPO) using an LF-103 NASA Langley Research Center Protective Services Office (PSO) U.S. Citizen Visitor Badge Request Form. LPRs may be sponsored for Center access by permanently badged contractor employees or NASA civil servants. Contractor LPRs shall be sponsored by the employing contractor. All LPRs must confirm their status by providing their ORIGINAL State Department Documentation (Green Card). (Copies, facsimiles, or photographs of the State Department Documentation will NOT be accepted).

b. LPRs who will be at LaRC in excess of 29 days will be processed through IdMAX.

c. LPRs who will be at LaRC in excess of 179 days will be processed for PIV credentials that will remain valid for 5 years.

d. The Contractor is responsible for ensuring credentials issued to LPRs sponsored by the Contractor are returned when the LPR no longer requires access to NASA LaRC under the contract or no longer works for the Contractor.

e. LPRs on a work related, "need-to-know” basis are allowed access to export-controlled commodities. It is incumbent on the Government Branch Head or Program Manager to determine who should have access to export-controlled information. The Protective Services Office, the Office of Chief Counsel, and the Center Export Administrator are available for guidance to the Government Branch Head or Program Manager.

f. LPRs are permitted to carry personal mobile devices on Center. Personal mobile devices are not be used to record, store, or process NASA data and are not to be used to take photographs within NASA facilities.

g. LPRs must request and obtain prior approval from Joint Base Langley-Eustis prior to entering Joint Base Langley-Eustis. Access is subject to conditions imposed by Joint Base Langley-Eustis and may require a U.S. citizen escort at all times. Information is available at:

https://lms.larc.nasa.gov/admin/documents/LF295_1.1.pdf. Note: Links to documents and forms https://lms.larc.nasa.gov/admin/documents/LF295_1.1.pdf require the document/form to be downloaded/saved and then opened in Adobe acrobat to access the form's content. Document requires Adobe 8 or higher.

i) Violation of security policies by personnel may result in withdrawal of Center access for the offending personnel and/or contractual actions against the Contractor and possible criminal prosecution for violation of export control laws and laws regarding access to Government facilities.

(End of clause)

LARC 52.211-96 Delivery Requirements (AUG 2021)

a) Delivery is required to be made within six (6) months from the effective date of the contract.

b) Delivery shall be f.o.b. destination

National Aeronautics and Space Administration Langley Research Center 4 South Marvin Street (Bldg. 1206) Hampton, VA 23681-2199

c) The Contractor shall notify the Contracting Officer's Representative (COR) in writing at least 10 days prior to the scheduled delivery date with a copy of the notification to the Contract Specialist. The notification shall include, as a minimum, the dimensions and weight of each container, the scheduled delivery date, and any Government equipment/service needed for off-loading. Since internal coordination by the Government is necessary to assure the availability of any required Government assistance, failure of the Contractor to comply with this notification requirement may result in delays in unloading the carrier at the f.o.b. destination site and result in additional expenses to the Contractor (e.g., demurrage charges, re-delivery). The Contractor shall make delivery to the f.o.b. destination site between the hours of 8:30 a.m. to 2:30 p.m., Monday through Friday, except for Government holidays, or as otherwise established as a result of the notification requirement cited above.

d) The Contractor shall instruct either its driver or the driver of the commercial carrier to obtain specific routing instructions to the delivery/installation site from the Transportation and Warehousing Section, 4 South Marvin Street, Building 1206, NASA, Langley Research Center. Failure to do so may cause lack of proper documentation of the delivery and related delays in NASA, Langley Research Center internal processing procedures and payment of the Contractor's invoice(s).

e) At delivery, the Government may provide personnel and equipment, e.g., forklift and/or crane service, if requested by the Contractor. Notwithstanding Government assistance, the

Contractor shall retain full responsibility for equipment handling, even if a Contractor's representative is not present during this process.

LARC 52.211-97 Description/Specification/Statement of Work (JUN 2023).

The Contractor shall provide the item or services specified in Attachment A: Statement of Work and Attachment B: Specification Document.

SPECIAL CONTRACT REQUIREMENTS