Attachment K - Optional GFE_GFP Agreement Template.docx

Optional Government-Furnished Property Agreement

Instructions The purpose of this document is to memorialize the Offeror’s or Contractor’s request to NASA for use of optional Government-Furnished Property (GFP) or Government-Furnished Information (GFI) (collectively, “Government-Furnished Resources” or “GFR”) for use during performance of the Human Landing System (HLS) contract. For purposes of this document, “optional” means either GFR specified by NASA as available, but not required, for Offerors’ use in the HLS solicitation, or other GFR not specified as available but that a NASA Center makes available to an Offeror upon the Offeror’s request.

The Offeror shall use this Agreement for both GFR that, barring unforeseen circumstances, will not be returned to NASA following its use by the Contractor, and also any item that will be loaned by NASA to the Contractor. In the ‘Any Other Pertinent Information’ section, the Offeror shall indicate whether the GFR is requested as a loan or not.

The Offeror shall use one OGFPA per each requested item of GFR unless the items are logically inseparable (e.g., fifty boxes of trash bags).

In the event that the Offeror requests optional GFR by way of one or more OGFPAs, and the Offeror also requires NASA support in modifying, augmenting, transforming, or providing any additional certifications related to the requested item(s), the Offeror must also execute and submit an accompanying Government Task Agreement (GTA) requesting such support in accordance with the procedures and instructions set forth in the GTA template.

How to Inquire About Optional NASA GFR To inquire about optional GFR not listed in the HLS solicitation that may be available to Offerors, Attachment B contains a list of the Center points-of-contact for each NASA Center. To inquire about additional optional GFR after contract award, the Contractor shall work with its Technical Manager. The Offeror may only request GFR that is unique and not reasonably available commercially. The Offeror shall document its justification for requesting the GFR in the ‘Any Other Pertinent Information’ section. NASA has the right to refuse any request for GFR for any reason.

During any blackout period in which the Offeror is drafting a contract proposal, communications with the Government POCs must be limited to sharing information about the types of GFR that are available and the specific Optional Government-Furnished Equipment or Property Agreement (OGFPA) requested. The Government POC communications with the Offerors will not include any assistance in preparing the Offeror’s proposal, advice, or opinions on the Offeror’s proposed design solution or approach for performing the work requested by the HLS solicitation or any information regarding the HLS competition or its technical requirements.

Contract Performance Upon contract award, the OGFPAs will be subject to formal review and approval by the HLS program manager, Contracting Officer, and NASA HEOMD. Once the final terms and conditions of the provision of the optional GFR have been finalized by the Parties (such as delivery date), and any funding has been secured from the appropriate NASA organization if needed, the approved OGFPA will become an attachment to the contract authorizing the Contractor to proceed with the OGFPA(s).

OGFPA Template The required OGFPA template that Offerors shall use for each item of optional GFR is provided below on pages 2-3 of this Instruction.

Optional Government-Furnished Equipment or Property Agreement Human Landing System

Task no.

Task title

Date

WBS no.

WBS title

Rev

Points of Contact

Name

Location

Office

Cell

Resource Name

NASA Center

Name and Description, including Quantity, of Government Furnished Resources Please give the name, brief description, and quantity needed of the requested government furnished resources. Use the name and description information agreed to with the potential government providers.

Agreed Upon No Later Than (NLT) Date for the Government Furnished Resources Please provide the NLT date agreed to with the potential government provider for the government furnished resources.

To Be Filled-in by NASA: Cost of the Government Furnished Resources Please provide the final value associated with the requested government furnished resources.

Please provide additional information pertinent to this request. Additional information shall include, but isn’t limited to: assumptions for the cost and schedule estimates; justification for utlization of government resources (see Instructions, above); whether the requested item is requested as a loan from NASA (see Instructions, above); assumed mass and volume values; power requirements as applicable; and agreed-to offerer responsibilities in accepting, integrating, and operating the requested equipment / property. If applicable, please reference any associated GTAs (by their GTA ID) for NASA support in modifying, augmenting, transforming, or providing any additional certifications related to the requested government furnished resources (see Instructions, above).

Any Other Pertinent Information By signing this Agreement, the Contractor acknowledges that the GFR specified herein, if provided by NASA, is provided subject to the contract’s Government property clauses, including but not limited to:

· 52.245-1 – Government Property (ALT I)

· 1852.245-78 Physical Inventory of Capital Personal Property

· 1852.245-80 Government Property Management Information

· Contractor Use of Government-Furnished Equipment, Property, or Information In accordance with 52.245(d)(2)(iii), this GFR is provided in an “as-is” condition. The Contractor is responsible for all GFR transportation, integration, and interface costs, and bears the risk of loss at any time the GFR is in the possession of the Contractor or one of its subcontractors, suppliers, or agents.

OGFPA Approvals

Authorized Offeror Representative

NASA HLS Center POC

HLS Program Manager

HLS Contracting Officer

NextSTEP-2, Appendix P, SLD Attachment K, Optional GFE or GFP Agreement Instructions and Template