DRFP - 80GSFC25R7005 SMBA (20250418).pdf

SECTION

15A. NAME AND

ADDRESS

OF OFFEROR

SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. EMAIL ADDRESS

11. TABLE OF CONTENTS

(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause Number 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE

UNITED STATES CODE AT:

10 U.S.C. 3204(a) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR

PROPOSAL

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

DO-H8 1 169

4200890223

NASA Goddard Space Flight Center Greenbelt, Maryland 20771

80GSFC25R7005

Bruce Tsai Bruce.B.Tsai@nasa.gov

B-1 C-1 D-1 E-1 F-1 G-1 H-1 M-1

L-1

J-1

I-1

240 6840428

K-1

80GSFC25R7005

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1

1852.216-85 ESTIMATED COST AND AWARD FEE. (SEP 1993)

The estimated cost of this contract is $TBP. The maximum available award fee is $TBP. Total estimated cost and maximum award fee are $TBP.

Sounder for Microwave-Based Applications Flight Model #1

The estimated cost of this item is $TBP. The maximum available award fee is $TBP. Total estimated cost and maximum award fee are $TBP.

Sounder for Microwave-Based Applications Flight Model #2

The estimated cost of this item is $TBP. The maximum available award fee is $TBP. Total estimated cost and maximum award fee are $TBP.

Sounder for Microwave-Based Applications Flight Model #3

The estimated cost of this item is $TBP. The maximum available award fee is $TBP. Total estimated cost and maximum award fee are $TBP.

Sounder for Microwave-Based Applications Flight Model #4

The estimated cost of this item is $TBP. The maximum available award fee is $TBP. Total estimated cost and maximum award fee are $TBP.

Note: Sections 2.6, 6.6.6, and 6.6.7 of Attachment A, Statement of Work shall be addressed with task orders issued under this contract. This clause does not cover task orders issued under this contract.

(End of clause)

1852.216-74 ESTIMATED COST AND FIXED FEE (DEC 1991)

The estimated cost of this contract is to be negotiated by task order exclusive of the fixed fee of to be negotiated by task order. The total estimated cost and fixed fee is to be negotiated by task order.

Note: Sections 2.6, 6.6.6, and 6.6.7 of Attachment A, Statement of Work shall be addressed with task orders issued under this contract. This clause exclusively covers task orders issued under this contract. This clause shall be exempt from all Earned Value Management System requirements.

(End of clause)

B-2

1852.232-81 CONTRACT FUNDING. (JUN 1990)

(a) For purposes of payment of cost, exclusive of fee, in accordance with the Limitation of Funds clause, the total amount allotted by the Government to this contract is $TBD. This allotment is for contract performance and covers the following estimated period of performance:

<see individual line items>

(b) An additional amount of $TBD is obligated under this contract for payment of fee.

Sounder for Microwave-Based Applications Flight Model #1

(a) For purposes of payment of cost, exclusive of fee, in accordance with the Limitation of Funds clause, the total amount allotted by the Government to this item is $TBD. This allotment is for contract performance and covers the following estimated period of performance: TBD.

(b) An additional amount of $TBD is obligated under this item for payment of fee.

Sounder for Microwave-Based Applications Flight Model #2

(a) For purposes of payment of cost, exclusive of fee, in accordance with the Limitation of Funds clause, the total amount allotted by the Government to this item is $TBD. This allotment is for contract performance and covers the following estimated period of performance: TBD.

(b) An additional amount of $TBD is obligated under this item for payment of fee.

Sounder for Microwave-Based Applications Flight Model #3

(a) For purposes of payment of cost, exclusive of fee, in accordance with the Limitation of Funds clause, the total amount allotted by the Government to this item is $TBD. This allotment is for contract performance and covers the following estimated period of performance: TBD.

(b) An additional amount of $TBD is obligated under this item for payment of fee.

Sounder for Microwave-Based Applications Flight Model #4

(a) For purposes of payment of cost, exclusive of fee, in accordance with the Limitation of Funds clause, the total amount allotted by the Government to this item is $TBD. This allotment is for contract performance and covers the following estimated period of performance: TBD.

(b) An additional amount of $TBD is obligated under this item for payment of fee.

Task Order Requirements

(a) For purposes of payment of cost, exclusive of fee, in accordance with the Limitation of Funds clause, the total amount allotted by the Government to this item is $TBD. This allotment is for contract performance and covers the following estimated period of performance: TBD.

(b) An additional amount of $TBD is obligated under this item for payment of fee.

B-3

Note: Sections 2.6, 6.6.6, and 6.6.7 of Attachment A, Statement of Work shall be addressed with task orders issued under this contract. This section exclusively covers task orders issued under this contract. This section shall be exempt from all Earned Value Management System requirements.

(End of clause)

GSFC 52.216-90 MINIMUM/MAXIMUM AMOUNT OF SUPPLIES OR SERVICES

(COST REIMBURSEMENT). (MAR 2022)

(a) The minimum amount of supplies or services that shall be ordered during the effective period of this contract is $500,000.00 The maximum amount of supplies or services that may be ordered during the effective period of this contract is $40,900,000. All orders placed under this contract will be applied to the minimum and maximum specified in this paragraph.

(b) The minimum amount is reached when the sum of the dollar amounts of all ordered supplies or services, except for any adjustments made pursuant to the Limitation of Cost or Limitation of Funds clause, equals or exceeds the minimum amount stated in paragraph (a).

(c) The maximum amount is reached when the sum of the dollar amounts of all ordered supplies or services, except for any adjustments made pursuant to the Limitation of Cost or Limitation of Funds clause, equals the maximum amount stated in paragraph (a).

(d) The maximum amount, if reached, precludes the issuance of further orders for supplies or services under this contract. However, reaching the maximum amount does not preclude adjustments to the dollar amounts of existing placed orders, for actions that are within the scope of the placed orders, and which are made pursuant to existing contract authority, such as the Changes clause.

Note: Sections 2.6, 6.6.6, and 6.6.7 of Attachment A, Statement of Work shall be addressed with task orders issued under this contract. This clause exclusively covers task orders issued under this contract. This clause shall be exempt from all Earned Value Management System requirements.

(End of clause)

GSFC 52.216-91 SUPPLEMENTAL TASK ORDERING PROCEDURES (COST

REIMBURSEMENT). (APR 2022)

(a) When the Government issues a request for a “task plan” to the Contractor in accordance with the Clause entitled “Task Ordering Procedure” of this contract, the Contractor shall prepare its estimate of the labor hours, labor categories, indirect costs, and other direct costs required to perform the task order requirements. The Contractor shall use only those

B-5

3 SMBA Flight Model 1 Post- Observatory Commissioning On-Orbit Operations Task Support Requirements

As Defined in Individual Task Orders Issued

Through last SMBA Flight Model Launch + 18 months

As specified by individual task orders

4 SMBA Flight Model 2

As Defined in Section J, Attachment A, SOW

Delivery Date of September 15, 2031

As Defined in Attachment A, SOW

5 SMBA Flight Model 2 Post- Observatory Commissioning On-Orbit Operations Task Support Requirements

As Defined in Individual Task Orders Issued

Through last SMBA Flight Model Launch + 18 months

As specified by individual task orders

6 SMBA Flight Model 3

As Defined in Section J, Attachment A, SOW

Delivery Date of September 15, 2032

7 SMBA Flight Model 3 Post- Observatory Commissioning On-Orbit Operations Task Support Requirements

As Defined in Individual Task Orders Issued

Through last SMBA Flight Model Launch + 18 months

As specified by individual task orders

8 SMBA Flight Model 4

As Defined in Section J, Attachment A, SOW

Delivery Date of September 15, 2033

B-6

9 SMBA Flight Model 4 Post- Observatory Commissioning On-Orbit Operations Task Support Requirements

As Defined in Individual Task Orders Issued

Through last SMBA Flight Model Launch + 18 months

As specified by individual task orders

10 Option 1 (if exercised) – SMBA Flight Model 5

As Defined in Section J, Attachment A, SOW

Delivery Date of September 15, 2034

11 Option 1 (if exercised) – SMBA Flight Model 5 Post- Observatory Commissioning On-Orbit Operations Task Support Requirements

As Defined in Individual Task Orders Issued

Through last SMBA Flight Model Launch + 18 months

As specified by individual task orders

12 Option 1 (if exercised) – SMBA Flight Model 6

As Defined in Section J, Attachment A, SOW

Delivery Date of September 15, 2035

13 Option 1 (if

SMBA Flight Model 6 Post- Observatory Commissioning On-Orbit Operations Task Support Requirements

As Defined in Individual Task Orders Issued

Through last SMBA Flight Model Launch + 18 months

As specified by individual task orders

14 Option 1 (if exercised) –

As Defined in Section J, Delivery Date of September 15, 2036

B-7

SMBA Flight Model 7

Attachment A, SOW

15 Option 1 (if

SMBA Flight Model 7 Post- Observatory Commissioning On-Orbit Operations Task Support Requirements

As Defined in Individual Task Orders Issued

Through last SMBA Flight Model Launch + 18 months

As specified by individual task orders

16 Option 1 (if exercised) – SMBA Flight Model 8

As Defined in Section J, Attachment A, SOW

Delivery Date of September 15, 2037

17 Option 1 (if

SMBA Flight Model 8 Post- Observatory Commissioning On-Orbit Operations Task Support Requirements

As Defined in Individual Task Orders Issued

Through last SMBA Flight Model Launch + 18 months

As specified by individual task orders

18 Documentation in accordance with Attachment N Applicable Documents Tables, Contract Data Requirements List

Section J

Attachment N, Applicable Documents Tables, Contract Data Requirements List

As required by Attachment N, Applicable Documents Tables, Contract Data Requirements List

As required by Attachment N, Applicable Documents Tables, Contract Data Requirements List

19 Services and Deliverables in accordance with

As Defined in Individual Task Orders Issued

As Specified in Individual Task Orders Issued

As Specified in Individual Task Orders Issued

B-8

Task Orders Issued

Attachment A, SOW, Sections 2.6, 6.6.6, and 6.6.7

20 Task Plans Section B

GSFC 52.216-91

Section I

NFS 1852.216-

As Required in Clause NFS 1852.216-80

As specified by individual task orders

21 Reports of Work Section H

NFS 1852.235-

73 Alternate II

As Required in Clauses NFS 1852.235-73 Alternate II

As specified in clauses

22 NASA Financial Management Reports

Section G

GSFC 52.242-90

NFS 1852.242-

Section J

Attachment B

Monthly and Quarterly in accordance with Attachment B

Electronic Format/

Contracting Officer (CO), Contracting Officer’s Representative (COR), Resource Analyst (RA), Regional Finance Office

23 Material Inspection and Receiving Reports (MIRR)

(DD Form 250)

Section E

NFS 1852.246-

GSFC 52.246-94

At Time of Delivery

Hard Copy/CO, COR, and Receiving & Inspection

24 Foreign Travel Requests and Foreign Travel Reports

Section G

NFS 1852.242-

Section J

Foreign Travel Requests–30 days in Advance of Travel

Foreign Travel Reports–Due within

As specified in CO’s travel approval

B-9

Attachment H

10 business days of the completion of travel.

25 Requests for Government Property

Section G

NFS 1852.245-

30 Days Prior to Acquire Date

Electronic Format/CO

26 Financial Report of NASA Property in the Custody of Contractors (NF 1018)

Section G

NFS 1852.245-

Annual Report by October 15th and Final Report

NF 1018 Electronic Submission System

(NESS)

27 Supplemental Financial Report of NASA Property in the Custody of Contractors

Section G

GSFC 52.245-99

Monthly By the 21st of each Month and Final Report

Contractor-Held Asset Tracking System (CHATS) at https://chats.nasa.gov

28 Physical Inventory of Capital Personal Property Reporting

Section G

NFS 1852.245-

Within 10 Days of Annual Physical Inventory

Property Administrator

29 Reporting of Inventions

Section G

NFS 1852.227-

NFS 1852.227-

Section I

FAR 52.227-11

Interim Reports Every 12 Months (or sooner to preserve Patent Rights) and Final Report within 3 Months after Contract Completion

Electronic or Hard Copy Format/New Technology Representative or Patent Representative

30 Small Business Subcontracting Plan Reporting

Section H

GSFC 52.219-90

ISR–Semi-Annual Electronic Format/ Electronic Subcontract Reporting https://chats.nasa.gov/

B-10

Section I

NFS 1852.219-

(April 30th and October 30th) and Final

SSR–Annual

(October 30th)

System (eSRS) http://www.esrs.gov

31 Safety & Health Plan

Section H

FAR 52.236-13--

Alternate I as modified by

NFS

1823.7001(d)(1)

30 Days After Contract Award

Electronic Format/CO

32 Safety & Health Reporting

Section H

NFS 1852.223-

NFS 1852.223-

GSFC 52.223-91

Monthly/Quarterly Reports and As Required

NASA Mishap Information System

(NMIS)

33 Personal Identity Verification

(PIV)

Documentation and Reporting

Section H

GSFC 52.204-99

10th Day of the Month and As Required

Electronic Format and Hard Copy/COR & Code 240

34 Supply Chain Visibility (SCV) Reporting

Section J

Attachment C, Data Requirements Document

(DRD) 3

In accordance with Attachment C, DRD 3

Electronic Format/CO

35 Cyber Supply Chain Risk Management (C- SCRM) Plan

Section J

Attachment C, DRD 2

In accordance with Attachment C, DRD 2

In accordance with Attachment C, DRD 2

36 Certificate of Insurance

Section I As Specified by

FAR 52.228-7

Electronic Format/CO http://www.esrs.gov/

B-11

FAR 52.228-7

NFS 1852.228-

37 Subcontract Notification

Section I

FAR 52.244-2

30 Days Prior to Subcontract Award Date

Electronic or Hard Copy Format/CO

38 Security Requirements for Unclassified IT Resources

Section I

1852.204-76 (Deviation)

Section J

Attachment C, DRD 2

As specified by 1852.204-76 (Deviation) and Attachment C, DRD 2

As specified in clause deviation and DRD

39 FASCSA

Reporting

Section I

52.204-30

As specified by

FAR 52.204-30

As specified by FAR 52.204-30

NOTE: Unless otherwise specified, “day” means “calendar day”.

NOTE: Transportation Classification: The contractor shall comply with Section D clause 1852.211-70 PACKAGING, HANDLING, AND TRANSPORTATION. Items 2, 4, 6, 8, 10, 12, 14, 16 and any additional item labeled SMBA Flight Model shall be considered Class I. All other deliverables, unless specified (electronic format, etc.), are considered Class IV and shall be shipped via the most advantageous commercial transportation means considered to be in the best interest of the Government.

(End of clause)

GSFC 52.217-91 OPTION FOR INCREASED QUANTITY. (SEP 2013)

In accordance with the Option for Increased Quantity--Separately Priced Line Item clause of this contract, the Government may increase the quantity of items as follows:

The Government shall maintain the right to exercise Option 1 (inclusive of all Option 1 line items in the table below) prior to September 14, 2030.

B-13

This option may be exercised by the Contracting Officer by written notice to the Contractor within the time period specified in this clause and FAR clause 52.217-7, "Option for Increased Quantity--Separately Priced Line Item" of this contract.

(End of clause)

GSFC 52.232-94 ESTIMATED COST INCREASES. (DEC 2005)

(a) The Contractor shall notify the Contracting Officer in writing when the Contractor has reason to believe that the total cost for performance of this contract, or any individual task order, exclusive of any fee, will be either greater or substantially less than the total estimated cost stated in this contract or in the task order. Notification shall not be delayed pending preparation of a proposal.

(b) A proposal is required to support a request for an increase in the estimated cost of the contract or the task order. The proposal should be submitted as soon as possible after the above notification but no later than 115 days before the incurred costs are expected to exceed the estimated cost. This will allow adequate time for the Government to evaluate the proposal and to mutually establish any increase in estimated cost with the Contractor.

(c)(1) The proposal shall be submitted in the following format unless some other format is directed or approved by the Contracting Officer:

Incurred costs to date

Projected cost to completion

Total cost at completion

Current negotiated estimated cost

Requested increase in estimated cost

(2) The “projected cost to completion” shall consist of the following “other than cost or pricing data” unless the Contracting Officer requests or approves the submittal of a greater or lesser amount of information:

(i) Elements of cost with supporting detail for estimated direct labor hours, direct and indirect rates, materials and subcontracts, and other elements.

(ii) Supporting explanation for the increases and projections, sufficient for the Government to understand the reasons for the increased estimated cost.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1

GSFC 52.211-91 SCOPE OF WORK. (FEB 2016)

The Contractor shall provide the personnel, materials, and facilities, except as otherwise specified in this contract, necessary to perform the work and to furnish the items specified in the Section B clause 52.211-90 SUPPLIES AND/OR SERVICES TO BE PROVIDED in accordance with the Statement of Work, Attachment A, task orders, and all other referenced requirements.

The Contractor shall provide all the personnel, materials, and facilities, except otherwise specified in this contract, necessary to perform all requirements within the Section J clause

GSFC 52.211-101 LIST OF ATTACHMENTS.

(End of clause)

GSFC 52.227-90 LIMITED RIGHTS DATA OR RESTRICTED COMPUTER

SOFTWARE. (MAR 2008)

In accordance with the delivery requirements of this contract, all software data rights shall be delivered in accordance with the Rights in Data – General clause, specified elsewhere in this contract, except for the following:

NONE

SECTION D - PACKAGING AND MARKING

D-1

Clauses incorporated by reference:

NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES:

1852.211-70 PACKAGING, HANDLING, AND TRANSPORTATION. (SEP 2005)

(End of by reference clauses)

1852.245-74 IDENTIFICATION AND MARKING OF GOVERNMENT EQUIPMENT.

(JAN 2011)

(a) The Contractor shall identify all equipment to be delivered to the Government using NASA Technical Handbook (NASA-HDBK) 6003, Application of Data Matrix Identification Symbols to Aerospace Parts Using Direct Part Marking Methods/Techniques, and NASA Standard (NASA-STD) 6002, Applying Data Matrix Identification Symbols on Aerospace Parts or through the use of commercial marking techniques that: (1) are sufficiently durable to remain intact through the typical lifespan of the property: and, (2) contain the data and data format required by the standards. This requirement includes deliverable equipment listed in the schedule and other equipment when no longer required for contract performance and NASA directs physical transfer to NASA or a third party. The Contractor shall identify property in both machine and human readable form unless the use of a machine readable-only format is approved by the NASA Industrial Property Officer.

(b) Equipment shall be marked in a location that will be human readable, without disassembly or movement of the equipment, when the items are placed in service unless such placement would have a deleterious effect on safety or on the item's operation.

(c) Concurrent with equipment delivery or transfer, the Contractor shall provide the following data in an electronic spreadsheet format:

(1) Item Description.

(2) Unique Identification Number (License Tag).

(3) Unit Price.

(4) An explanation of the data used to make the unique identification number.

(d) For equipment no longer needed for contract performance and physically transferred under paragraph (a) of this clause, the following additional data is required:

SECTION D - PACKAGING AND MARKING

D-2

(1) Date originally placed in service.

(2) Item condition.

(e) The data required in paragraphs (c) and (d) of this clause shall be delivered to the NASA center receiving activity listed below:

Goddard Space Flight Center Building 35, Code 279 Greenbelt, MD 20771

(f) The contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that require delivery of equipment.

SECTION E - INSPECTION AND ACCEPTANCE

E-1

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1):

52.246-8 INSPECTION OF RESEARCH AND DEVELOPMENT - COST-

REIMBURSEMENT. (MAY 2001)

(End of by reference clauses)

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT. (DEC 2014)

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

As defined in Attachment N, Applicable Documents Tables, Instrument Mission Assurance Requirements (NS1-SMA-REQ-0002)

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in-

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require-

(i) Control of such things as design, work operations, in-process control, testing, and inspection; or

(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

(End of clause)

1852.246-71 GOVERNMENT CONTRACT QUALITY ASSURANCE FUNCTIONS. (OCT

1988)

In accordance with the inspection clause of this contract, the Government intends to perform quality assurance functions in accordance with Attachment N, Applicable Documents Tables, Instrument Mission Assurance Requirements (NS1-SMA-REQ-0002).

https://www.acquisition.gov/far/46.203#FAR_46_203

E-2

1852.246-72 MATERIAL INSPECTION AND RECEIVING REPORT. (APR 2015)

(a) At the time of each delivery to the Government under this contract, the Contractor shall prepare and furnish a Material Inspection and Receiving Report (DD Form 250 series). The form(s) shall be prepared and distributed as follows:

(1) Via mail and marked "Advance Copy", one copy each to the Contracting Officer, the Contracting Officer's Representative (if designated in the contract), and to the cognizant Administrative Contracting Officer, if any.

(2) Via mail, the original and 1 copy (unfolded) to the shipment address (delivery point) specified in Section F of this contract. Mark the exterior of the envelope "CONTAINS DD FORM 250". This must arrive prior to the shipment.

(3) With shipment in waterproof envelope (one copy) for the consignee.

(4) If the shipment address is not directly to the Goddard Space Flight Center (Greenbelt) or Goddard Space Flight Center (Wallops) central receiving areas, then one copy of the DD Form 250 must be provided (via mail) to one of the following addresses depending upon whether this contract is with GSFC Greenbelt or GSFC Wallops:

Receiving and Inspection (Code 279), Goddard Space Flight Center, Greenbelt, MD 20771.

Receiving and Inspection (Bldg. F16), Wallops Flight Facility, Wallops Island VA 23337.

(b) The Contractor shall prepare the DD Form 250 in accordance with NASA FAR

Supplement 1846.6. The Contractor shall enclose the copies of the DD Form 250 in the package or seal them in a waterproof envelope, which shall be securely attached to the exterior of the package in the most protected location.

(c) When more than one package is involved in a shipment, the Contractor shall list on the DD Form 250, as additional information, the quantity of packages and the package numbers. The Contractor shall forward the DD Form 250 with the lowest numbered package of the shipment and print the words “CONTAINS DD FORM 250” on the package.

GSFC 52.246-93 ACCEPTANCE -- LOCATION(S). (APR 2022)

E-3

The Contracting Officer or authorized representative will accomplish acceptance at the following location(s):

Deliverable Item No.

Location Event/Milestone Authorized Representative

1 As Defined in Attachment A, SOW

As Defined in Attachment

A, SOW

Contracting Officer or Contracting Officer’s Representative

2, 4, 6, 8, 10, 12, 14, 16

Spacecraft Contractor Facility

Post-Spacecraft Integration Instrument Checkout

Contracting Officer or Contracting Officer’s Representative

3, 5, 7, 9, 11, 13, 15, 17

As Defined in Attachment A, SOW and Individual Task Order

As Defined in Attachment A, SOW and Individual Task Order

Contracting Officer or Contracting Officer’s Representative

18 NASA Goddard Space Flight Center (GSFC)

As Defined in Attachment N, Applicable Documents Tables, Contract Data Requirements List

Contracting Officer or Contracting Officer’s Representative

19-39 NASA GSFC As required by each applicable Contract clause or Individual Task Order

Contracting Officer or Contracting Officer’s Representative

The Contracting Officer reserves the right to designate other Government agents as authorized representatives. The Contractor will be notified by a written notice or by a copy of the delegation letter if other agents are authorized.

(End of clause)

GSFC 52.246-94 MATERIAL INSPECTION AND RECEIVING REPORT NOT

REQUIRED. (APR 1989)

E-4

NASA FAR Supplement clause 1852.246‑72 of this contract requires the furnishing of a Material Inspection and Receiving Report (MIRR) (DD Form 250 series) at the time of each delivery under this contract. However, a MIRR is not required for the following deliverable items:

All items except for Items 2, 4, 6, 8, 10, 12, 14, 16 identified in Section B, Clause GSFC 52.211-

90 SUPPLIES AND/OR SERVICES TO BE PROVIDED. (APR 2023).

(End of clause)

GSFC 52.246-102 INSPECTION SYSTEM RECORDS. (APR 2013)

The Contractor shall maintain records evidencing inspections in accordance with the Inspection clause of this contract for six (6) years after delivery of all items and/or completion of all services called for by the contract.

SECTION F - DELIVERIES OR PERFORMANCE

F-1

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1):

52.242-15 STOP-WORK ORDER. (AUG 1989) ALTERNATE I (APR 1984)

(End of by reference clauses)

GSFC 52.217-92 PERIOD OF PERFORMANCE/EFFECTIVE ORDERING PERIOD

(JAN 2014)

The effective ordering period of this contract shall be from the contract effective date to the last SMBA Flight Model Launch + 18 months.

Note: Sections 2.6, 6.6.6, and 6.6.7 of Attachment A, Statement of Work shall be addressed with task orders issued under this contract. This clause exclusively covers task orders issued under this contract. This clause shall be exempt from all Earned Value Management System requirements.

1852.247-72 ADVANCE NOTICE OF SHIPMENT. (OCT 1988)

14 work days prior to shipping Items 2, 4, 6, 8, 10, 12, 14, 16 identified in Section B, Clause GSFC 52.211-90 SUPPLIES AND/OR SERVICES TO BE PROVIDED. (APR 2023), the Contractor shall furnish the anticipated shipment date, bill of lading number (if applicable), and carrier identity to the designated COR and to the Contracting Officer.

(End of clause)

GSFC 52.247-95 SHIPPING INSTRUCTIONS--NON-CENTRAL RECEIVING. (FEB

2016)

Shipment of the items required under this contract shall be to:

Item Number Address Marked For

Item Description Qty Address Marked for

F-2

1 Deliverables in accordance with Attachment A, SOW – Core Services

As Defined in Attachment A, SOW

As Defined in Attachment A, SOW

Code 473

2 SMBA Flight Model 1

1 Spacecraft Contractor Facility

Code 473

4 SMBA Flight Model 2

1 Spacecraft Contractor Facility

Code 473

6 SMBA Flight Model 3

1 Spacecraft Contractor Facility

Code 473

8 SMBA Flight Model 4

1 Spacecraft Contractor Facility

Code 473

10 Option 1 (if exercised) – SMBA Flight Model 5

1 Spacecraft Contractor Facility

Code 473

12 Option 1 (if exercised) – SMBA Flight Model 6 (if exercised)

1 Spacecraft Contractor Facility

Code 473

14 Option 1 (if exercised) – SMBA Flight Model 7 (if exercised)

1 Spacecraft Contractor Facility

Code 473

16 Option 1 (if exercised) – SMBA Flight Model 8 (if exercised)

1 Spacecraft Contractor Facility

Code 473

Compliance with this clause is necessary to assure verification of delivery and acceptance and prompt payment.

If any of the above shipping addresses are to the Goddard Space Flight Center, Greenbelt, Maryland, delivery personnel must first stop at Receiving Officer Building 35 to provide a copy of the receiving report (DD 250) to Receiving personnel before making delivery to the on-site

F-3 location(s) specified above. If this is a fixed price type contract, failure to provide the DD 250 to Receiving may result in reduction or non-payment by the Government of any interest penalty under the Prompt Payment Act.

SECTION G - CONTRACT ADMINISTRATION DATA

G-1

NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES:

1852.216-75 PAYMENT OF FIXED FEE (DEC 1988)

1852.223-71 AUTHORIZATION FOR RADIO FREQUENCY USE. (APR 2015)

1852.227-70 NEW TECHNOLOGY—OTHER THAN A SMALL BUSINESS FIRM OR

NONPROFIT ORGANIZATION. (APR 2015)

1852.227-72 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND PATENT

REPRESENTATIVE. (APR 2015)

1852.227-86 COMMERCIAL COMPUTER SOFTWARE LICENSE. (APR 2015)

1852.242-71 TRAVEL OUTSIDE OF THE UNITED STATES. (DEC 1988)

1852.242-73 NASA CONTRACTOR FINANCIAL MANAGEMENT REPORTING. (NOV

2004)

1852.245-70 CONTRACTOR REQUESTS FOR GOVERNMENT-FURNISHED PROPERTY.

(AUG 2015)

1852.245-75 PROPERTY MANAGEMENT CHANGES. (JAN 2011)

1852.245-78 PHYSICAL INVENTORY OF CAPITAL PERSONAL PROPERTY. (AUG 2015)

(End of by reference clauses)

1852.216-77 AWARD FEE FOR END ITEM CONTRACTS. (AUG 2016)

G-2

(a) The contractor can earn award fee, or base fee, if any, from a minimum of zero dollars to the maximum stated in NASA FAR Supplement clause 1852.216-85, “Estimated Cost and Award Fee” in this contract. All award fee evaluations, with the exception of the last evaluation, will be interim evaluations. At the last evaluation, which is final, the Contractor's performance for the entire contract will be evaluated to determine total earned award fee. No award fee or base fee will be paid to the Contractor if the final award fee evaluation is “poor/unsatisfactory.”

(b) Beginning 6* months after the effective date of this contract, the Government will evaluate the Contractor's interim performance every 6* months to monitor Contractor performance prior to contract completion and to provide feedback to the Contractor. The evaluation will be performed in accordance with the Performance Evaluation Plan to this contract. The Contractor may submit a self-evaluation of performance for each period under consideration. These self-evaluations will be considered by the Government in its evaluation.

The Government will advise the Contractor in writing of the evaluation results. The plan may be revised unilaterally by the Government prior to the beginning of any rating period to redirect emphasis.

(c)(1) Base fee, if applicable, will be paid in monthly installments based on the percent of completion of the work as determined by the Contracting Officer.

(2) Interim award fee payments will be made to the Contractor based on each interim evaluation. The amount of the interim award fee payment is limited to the lesser of the interim evaluation score or 80 percent of the fee allocated to that period less any provisional payments made during the period. All interim award fee payments will be superseded by the final award fee determination.

(3) Provisional award fee payments will be made under this contract pending each interim evaluation. If applicable, provisional award fee payments will be made to the Contractor on a monthly basis. The amount of award fee which will be provisionally paid in each evaluation period is limited to 80 percent of the prior interim evaluation score, except for the first evaluation period which is limited to 80 percent of the available award fee for that evaluation period (see NFS 1816.405-276). Provisional award fee payments made each evaluation period will be superseded by the interim award fee evaluation for that period. If provisional payments made exceed the interim evaluation score, the Contractor will either credit the next payment voucher for the amount of such overpayment or refund the difference to the Government, as directed by the Contracting Officer. If the Government determines that (i) the total amount of provisional fee payments will apparently substantially exceed the anticipated final evaluation score, or (ii) the prior interim evaluation is “poor/unsatisfactory,” the Contracting Officer will direct the suspension or reduction of the future payments and/or request a prompt refund of excess payments as appropriate. Written notification of the determination will be provided to the Contractor with a copy to the Deputy Chief Financial Officer (Finance).

G-3

(4) All interim (and provisional, if applicable) fee payments will be superseded by the fee determination made in the final award fee evaluation. The Government will then pay the Contractor, or the Contractor will refund to the Government the difference between the final award fee determination and the cumulative interim (and provisional, if applicable) fee payments. If the final award fee evaluation is “poor/unsatisfactory”, any base fee paid will be refunded to the Government.

(5) Payment of base fee, if applicable, will be made based on submission of an invoice by the Contractor. Payment of award fee will be made by the NASA Shared Services Center based on the receipt of the fee voucher submitted by the Contractor in accordance with Section G, clause 1852.232-80 SUBMISSION OF VOUCHERS FOR PAYMENT.

(d) The Contracting Officer may direct the withholding of interim award fee payments until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interest relative to an orderly and timely closeout of the contract. This reserve shall not exceed 15 percent of the contracts total potential award fee or $100,000, whichever is less.

(e) Award fee determinations are unilateral decisions made solely at the discretion of the Government.

* [A period of time greater or lesser than 6 months may be substituted in accordance with 1816.405-272(a).]

Note 1: This clause does not cover task orders issued under this contract which are under a Fixed Fee line item.

Note 2: This clause uses language that presumes a single end item deliverable and single final award fee evaluation. This contract contains up to eight end item deliverables (four end item deliverables with an option for an additional four end item deliverables) that each have separate award fee values.

Within this clause: 1. The terms “interim”, “last”, and “final” evaluation shall apply discretely to each individual SMBA instrument and its associated award fee amount in clause 1852.216-85 ESTIMATED COST AND AWARD FEE; 2. The phrase “entire contract” shall be defined as “entire SMBA Flight Model 1 effort”, “entire SMBA Flight Model 2 effort”, “entire SMBA Flight Model 3 effort”, “entire SMBA Flight Model 4 effort”, “entire SMBA Flight Model 5 effort”, “entire SMBA Flight Model 6 effort”, “entire SMBA Flight Model 7 effort”, and “entire SMBA Flight Model 8 effort”, as appropriate; and 3. The phrase “final award fee evaluation” and “contract completion” shall occur at Satellite pre-ship review or Satellite pre-storage review, whichever is earlier.

Note 3: Within this clause, the payment and payment process associated with each “final award fee evaluation” shall be superseded by Section G, clause AWARD FEE – OPERATIONAL ON-

ORBIT PERFORMANCE EVALUATION AND PAYBACK PROCESS FOR SMBA FLIGHT

G-4

MODEL 1 AND FLIGHT MODEL 5 or clause AWARD FEE – OPERATIONAL ON-ORBIT

PERFORMANCE EVALUATION AND PAYBACK PROCESS FOR SMBA FLIGHT MODEL

2, FLIGHT MODEL 3, FLIGHT MODEL 4, FLIGHT MODEL 6. FLIGHT MODEL 7, FLIGHT

MODEL 8

AWARD FEE – OPERATIONAL ON-ORBIT PERFORMANCE EVALUATION AND

PAYBACK PROCESS FOR SMBA FLIGHT MODEL 1 AND FLIGHT MODEL 5

This clause describes the evaluation procedures and establishes the repayment process (in the event of degraded or failed performance) for the On-Orbit Performance Evaluations of the SMBA Flight Model 1 and Flight Model 5. In accordance with Section G, clause 1852.216-77 AWARD FEE FOR END ITEM CONTRACTS, upon completion of each SMBA Instrument’s final award fee evaluation, the associated payment shall be subject to this clause.

The final award fee evaluation for each SMBA Instrument shall determine: a) the final end-item award fee score; b) the amount of final end item award fee earned for pre-on-orbit performance which is not subject to repayment terms (30% of the final end item award fee earned); and c) the amount of award fee provisionally paid that is subject to on-orbit performance yet to be measured (70% of the final end item award fee earned). The procedures described below pertain only to the 70% award fee provisionally paid that is subject to on-orbit evaluation and potential fee repayment.

On-orbit evaluations are made based upon operational on-orbit performance, which begins 6 months after launch of the SMBA Instrument. The measured Noise Equivalent Differential Temperature (NEDT) values shall be as computed by the operational Sensor Data Records (SDR) algorithm, and the evaluations are contingent upon the instrument mounting interface temperature being maintained by the spacecraft within the limits specified in the Interface Control Documents (ICD). Operational on-orbit performance is evaluated against the following evaluation criteria (note: A failed channel or loss of channel shall be defined as NEDT greater than or equal to 2x specification value. A channel that does not meet requirements shall be defined as NEDT greater than specification value, but less than 2x specification value):

Fully Operational – no reduction in fee (No instrument function failures) Criteria: All frequency bands meet requirements.

Slightly Degraded – 15% reduction in fee (Minor performance degradation) Criteria: Any frequency band does not meet requirements.

Degraded – 40% reduction in fee (Significant performance degradation).

Criteria: Loss of 30% or more of the output channels in any frequency band.

G-5

Severely Degraded – 75% reduction in fee (Significant loss of capability).

Criteria: Loss of 20% or more of the output channels in the temperature frequency band (50-60 GHz and 114-119 GHz) or loss of 20% or more of the output channels in the water vapor frequency band (165-184 GHz).

Failed – 100% reduction in fee (No useable data; no data) Criteria: Loss of 40% or more of output channels in the temperature frequency band (50-60 GHz)

Any reductions in on-orbit fee for degraded/failed performance classification shall be prorated for the amount of time during the period in which the instrument was in that classification(s).

Using an example from the table below: for Period L + 1.5 years, the instrument was in fully operational status 50% of the period and slightly degraded condition 50% of the period.

Therefore, the repayment for Period L + 1.5 years is 5.25% x 50%=2.625%.

Provisionally paid on-orbit fee will be finalized with each on-orbit evaluation period. In the event of a launch failure or other catastrophic failure during the first period of on-orbit performance for which the Contractor is not responsible, either in whole or in part, the associated on-orbit fee for the instrument will be finalized at that time and considered earned in full. In the event of a catastrophic failure for which the Contractor is not responsible, either in whole or in part, after the first on-orbit evaluation fee period, the FDO shall determine what portion, if any, of the on-orbit fee shall be finalized based upon previous on-orbit performance evaluation(s) and any other data that indicates what the future performance would have been. In the event of a catastrophic failure for which the Contractor is in part responsible, but not wholly responsible, the FDO shall determine what portion, if any, of the on-orbit performance fee shall be finalized.

However, if the instrument fails to perform at all and the instrument contractor is 100% responsible, the Contractor shall refund the entire amount of the provisionally paid on-orbit performance award fee, but keep the total amount of the pre-on-orbit award fee earned at the final award fee evaluation. If the instrument fails completely during any period after the first on-orbit evaluation period and the instrument Contractor is 100% responsible, the Contractor will again get to keep the total pre-on-orbit performance award fee earned that was paid upon the final award fee evaluation plus the amount of all on-orbit performance fee determinations finalized in each on-orbit evaluation period prior to the period in which the failure occurred. The Government has the unilateral right to determine when the instrument has failed completely with no potential for recovery in a subsequent period, and can therefore require payback for all unevaluated periods when such a determination is made.

Each on-orbit evaluation is considered to be a final evaluation. The Government will notify the Contractor in writing of the on-orbit performance assessment after the conclusion of each evaluation period, and indicate the amount of fee, if any, that is to be repaid. The Contractor shall pay back to the Government any provisional paid award fee for on-orbit performance that was not earned for that period.

G-6

The table below indicates the specific portions of the total on-orbit fee pool associated with each on-orbit evaluation, and the payback percentages in the event of degraded/failed performance:

Percentages below reflect repayment amount (as a percentage of the total on-orbit pool) in the event that the specific degraded/failed condition(s) occurs:

Evaluation Period (L=Launch)

Portion of On-Orbit Pool evaluated

Fully Operational

Slightly Degraded

Severely Degraded

Total Mission Loss

L+1.5 years 50% 0% 5.25% 14.00% 26.25% 35% L+2.5 years 20% 0% 4.50% 12.00% 22.50% 30% L+3.5 years 20% 0% 3.75% 10.00% 18.75% 25% L+5 years 10% 0% 1.50% 4.00% 7.50% 10% Total 100% 0% 15% 40% 75% 100%

(End of text)

AWARD FEE – OPERATIONAL ON-ORBIT PERFORMANCE EVALUATION AND

PAYBACK PROCESS FOR SMBA FLIGHT MODEL 2, FLIGHT MODEL 3, FLIGHT

MODEL 4, FLIGHT MODEL 6. FLIGHT MODEL 7, FLIGHT MODEL 8

This clause describes the evaluation procedures and establishes the repayment process (in the event of degraded or failed performance) for the On-Orbit Performance Evaluations of the SMBA Flight Model 2, Flight Model 3, Flight Model 4, Flight Model 6, Flight Model 7, and Flight Model 8 only. In accordance with Section G, clause 1852.216-77 AWARD FEE FOR END ITEM CONTRACTS, upon completion of each SMBA Instrument’s final award fee evaluation, the associated payment shall be subject to this clause.

The final award fee evaluation for each SMBA Instrument shall determine: a) the final end-item award fee score; b) the amount of final end item award fee earned for pre-on-orbit performance which is not subject to repayment terms (70% of the final end item award fee earned); and c) the amount of award fee provisionally paid that is subject to on-orbit performance yet to be measured (30% of the final end item award fee earned). The procedures described below pertain only to the 30% award fee provisionally paid that is subject to on-orbit evaluation and potential fee repayment.

On-orbit evaluations are made based upon operational on-orbit performance, which begins 6 months after launch of the SMBA Instrument. The measured Noise Equivalent Differential Temperature (NEDT) values shall be as computed by the operational Sensor Data Records (SDR) algorithm, and the evaluations are contingent upon the instrument mounting interface temperature being maintained by the spacecraft within the limits specified in the Interface Control Documents (ICD). Operational on-orbit performance is evaluated against the following evaluation criteria (note: A failed channel or loss of channel shall be defined as NEDT greater

G-7 than or equal to 2x specification value. A channel that does not meet requirements shall be defined as NEDT greater than specification value, but less than 2x specification value):

Fully Operational – no reduction in fee (No instrument function failures) Criteria: All frequency bands meet requirements.

Slightly Degraded – 15% reduction in fee (Minor performance degradation) Criteria: Any frequency band does not meet requirements.

Degraded – 40% reduction in fee (Significant performance degradation).

Criteria: Loss of 30% or more of the output channels in any frequency band.

Severely Degraded – 75% reduction in fee (Significant loss of capability).

Criteria: Loss of 20% or more of the output channels in the temperature frequency band (50-60 GHz and 114-119 GHz) or loss of 20% or more of the output channels in the water vapor frequency band (165-184 GHz).

Failed – 100% reduction in fee (No useable data; no data) Criteria: Loss of 40% or more of output channels in the temperature frequency band (50-60 GHz)

Any reductions in on-orbit fee for degraded/failed performance classification shall be prorated for the amount of time during the period in which the instrument was in that classification(s).

Using an example from the table below: for Period L + 1.5 years, the instrument was in fully operational status 50% of the period and slightly degraded condition 50% of the period.

Therefore, the repayment for Period L + 1.5 years is 5.25% x 50%=2.625%.

Provisionally paid on-orbit fee will be finalized with each on-orbit evaluation period. In the event of a launch failure or other catastrophic failure during the first period of on-orbit performance for which the Contractor is not responsible, either in whole or in part, the associated on-orbit fee for the instrument will be finalized at that time and considered earned in full. In the event of a catastrophic failure for which the Contractor is not responsible, either in whole or in part, after the first on-orbit evaluation fee period, the FDO shall determine what portion, if any, of the on-orbit fee shall be finalized based upon previous on-orbit performance evaluation(s) and any other data that indicates what the future performance would have been. In the event of a catastrophic failure for which the Contractor is in part responsible, but not wholly responsible, the FDO shall determine what portion, if any, of the on-orbit performance fee shall be finalized.

However, if the instrument fails to perform at all and the instrument contractor is 100% responsible, the Contractor shall refund the entire amount of the provisionally paid on-orbit performance award fee, but keep the total amount of the pre-on-orbit award fee earned at the final award fee evaluation.