LASSO II Final SF33 and RFP Sections B_thru_M_.pdf

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80KSC021R0038

LASSO II Solicitation Table of Contents

Table of Contents

B.1 SUPPLIES OR SERVICES

B.2 TOTAL ESTIMATED CONTRACT VALUE

B.3 FIXED PRICE LEVEL OF EFFORT

B.4 NON-PROPOSED OTHER DIRECT COSTS (ODCs) VALUES

B.5 NFS 1852.216-78 FIRM FIXED PRICE (DEC 1988)

C.1 SCOPE OF WORK

C.2 DATA REQUIREMENTS LIST

D.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION D

E.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION E

E.2 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

E.3 1852.246-71 GOVERNMENT CONTRACT QUALITY ASSURANCE FUNCTIONS (OCT

1988)

E.4 1852.246-72 MATERIAL INSPECTION AND RECEIVING REPORT (APR 2015)

F.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION F

F.2 PERIOD OF PERFORMANCE

F.3 PLACE OF PERFORMANCE - SERVICES

G.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION G

G.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

G.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

G.4 52.232-32 PERFORMANCE-BASED PAYMENTS (APR 2012)

G.5 1852.232-80 SUBMISSION OF VOUCHER/INVOICES FOR PAYMENT (APR 2018)

G.6 PAYMENT AND SUBMISSION OF INVOICES

G.7 1852.245-71 INSTALLATION-ACCOUNTABLE GOVERNMENT PROPERTY (JUNE

2018)

G.8 LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO NFS 1852.245-71 22

G.9 1852.245-82 OCCUPANCY MANAGEMENT REQUIREMENTS (SEPT 2017)

G.10 PROPERTY

G.11 ‘FLEX’ HOURS ORDERING PROCEDURE

G.12 PROJECT DEFINITION FORM (PDF) ORDERING PROCEDURE (APPLICABLE TO

PWS 4.0 REQUIRMENTS)

G.13 TECHNICAL DIRECTION

H.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION H

H.2 NFS 1852.225-70 EXPORT LICENSES (FEB 2000)

H.3 KSC 52.223-121 REPORTING OF INCIDENTS INVOLVING WORKPLACE VIOLENCE

(JUL 2018)

H.4 KSC 52.242-90 CONTROLS APPLICABLE TO CONTRACTOR'S ACTIVITIES (JUL

2018)

H.5 KSC 52.242-93 CONTRACTOR WORKFORCE REPORT – ONSITE CONTRACTORS

AND SUBCONTRACTORS (JUL 2018)

H.6 KSC 52.245-90 MANAGEMENT OF NASA-OWNED/CONTRACTOR-HELD RECORDS

(JUL 2018)

H.7 KSC 52.245-97 RECORDS MANAGEMENT (JUL 2018)

H.8 COMPUTING SERVICES

H.9 ASSOCIATE CONTRACTOR AGREEMENT (ACA)

H.10 OCCUPATIONAL HEALTH SERVICES

H.11 ORGANIZATIONAL CONFLICT OF INTEREST MITIGATION PLAN

I.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION I

I.2 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUNE 2020)

I.3 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUNE 2020)

I.4 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (DEVIATION 21-03)

I.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.6 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

I.7 1852.204-75 SECURITY CLASSIFICATION REQUIREMENTS (SEP 1989)

I.8 1852.204-76 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES ([DEVIATION 21-01])

I.9 1852.225-71 RESTRICTION ON FUNDING ACTIVITY WITH CHINA (FEB 2012)

I.10 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (OCT 2019)

J.1 LIST OF ATTACHMENTS

K.1 PROVISIONS INCORPORATED BY REFERENCE -- SECTION K

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (SEP 2021)

K.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

K.4 52.225-2 BUY AMERICAN CERTIFICATE (FEB 2021)

K.5 52.225-4 BUY AMERICAN - FREE TRADE AGREEMENTS - ISRAELI TRADE ACT

CERTIFICATE (FEB 2021)

K.6 1852.225-72 RESTRICTION ON FUNDING ACTIVITY WITH CHINA--

REPRESENTATION (FEB 2012)

L.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE -- SECTION L

L.2 KSC 1852.223-73 SAFETY AND HEALTH PLAN – ADDITIONAL REQUIREMENTS

(JUL 2018)

L.3 52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITION (JAN 2017)

L.4 ADDENDUM TO FAR 52.215-1, ELECTRONIC SUBMISSION OF PROPOSALS –

PROPOSAL MARKING AND DELIVERY THROUGH NASA’s EFSS BOX (APR 2021)

L.5 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR DATA

OTHER THAN COST OR PRICING DATA (OCT 2010) – ALTERNATE III (OCT 1997) and

ALTERNATE IV (OCT 2010)

L.6 52.216-1 TYPE OF CONTRACT (APR 1984)

L.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.9 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

L.10 1852.215-81 PROPOSAL PAGE LIMITATIONS (APR 2015)

L.11 1852.245-80 GOVERNMENT PROPERTY MANAGEMENT INFORMATION (JAN

2011)

L.12 1852.245-81 LIST OF AVAILABLE GOVERNMENT PROPERTY. (JAN 2011)

L.13 TOP SECRET FACILITY CLEARANCE

L.14 AVAILABILITY OF REFERENCE INFORMATION

L.15 COMMUNICATIONS REGARDING THIS SOLICITATION

L.16 PROPOSAL SUBMISSION

L.17 RESERVED

L.18 VOLUME I, MISSION SUITABILITY PROPOSAL INSTRUCTIONS

L.18.1 MANAGEMENT APPROACH

L.18.2 TECHNICAL APPROACH

L.18.3 SMALL BUSINESS UTILIZATION

L.19 VOLUME II, PRICE PROPOSAL INSTRUCTIONS

L.20 VOLUME III, PAST PERFORMANCE PROPOSAL INSTRUCTIONS

L.21 VOLUME IV, PLANS AND OTHER DATA INSTRUCTIONS

L.22 LIST OF SECTION L ATTACHMENTS

M.1 EVALUATION AND SOURCE SELECTION – GENERAL

M.2 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

M.3 VOLUME I, MISSION SUITABILITY FACTOR

M.3.1 MANAGEMENT APPROACH

M.3.2 TECHNICAL SUB-FACTOR

M.3.3 SMALL BUSINESS UTILIZATION SUBFACTOR

M.4 VOLUME II, PRICE FACTOR

M.5 VOLUME III, PAST PERFORMANCE FACTOR

80KSC021R0038 Section B

LASSO II Solicitation Supplies or Services

SECTION B

SUPPLIES OR SERVICES

B.1 SUPPLIES OR SERVICES

The Contractor shall provide all resources necessary to perform the requirements set forth in

Section C and Attachment J-01, Performance Work Statement (PWS).

(End of clause)

B.2 TOTAL ESTIMATED CONTRACT VALUE

Attachment J-02, Total Estimated Contract Value, Section B Tables, Table B.2, Estimated

Contract Value displays the total contract value. The total contract value is comprised of the

Firm Fixed Price total value (CLIN 001 (A-E), the Fixed Price Level of Effort (LOE) total value

(CLINs 002-003 (A-E), and the associated Non-Proposed Other Direct Costs (ODCs).

B.3 FIXED PRICE LEVEL OF EFFORT

(a) LASSO II includes Fixed Price (FP) Level of Effort (LOE) values to support the scope of work. The ‘Base’ LOE hours are to perform laboratory services and support activities for the KSC Institution; NASA Programs including, but not limited to, Exploration Ground

Systems (EGS), International Space Station (ISS) and Launch Services Program (LSP); the

United States Space Force (USSF); and other customers. ‘Flex’ hours can be added at any time during contract implementation as new requirements within scope or increased work volume exceeds the ‘Base’ LOE hours, with Government approval.

(b) The Contractor is obligated to provide the Total Level of Effort Hours specified in

Attachment J-02, Section B Tables, Table B.3, Fixed Price LOE Hours.

(c) Labor hours are those productive hours expended by contractor personnel performing work under this contact that are charged as direct labor under the Contractor’s established accounting policy and procedures. The term does not include sick leave, vacation leave, or any type of administrative leave, but does include direct labor hours provided under subcontracts.

(d) All ‘Base’ and ‘Flex’ LOE hours shall be priced in accordance with the rates in Attachment

J-03, LOE Fixed Price Labor Rates.

(e) For the Base Period and each Option Year, the Government may exercise multiple ‘Flex’ hours by determined labor classification(s) and the coinciding labor rate in any quantity, not to exceed the hours set forth in Attachment J-02, Table B.3.1, Flex Hours Available and

Exercised. Attachment J-02, Table B.3.1, Flex Hours Available and Exercised will be amended to reflect the ordered ‘Flex’ hours and the associated estimated price as ‘Flex’ hours are exercised.

80KSC021R0038 Section B

LASSO II Solicitation Supplies or Services

(f) A subcategory of ‘Flex’ hours have been specifically allocated in Attachment J-02, Table

B.3.1, Flex Hours Available and Exercised for the Exploration Ground Systems (EGS)

Program. This subcategory of ‘Flex” hours will be exercised as an annual option in the event that EGS requires support beyond that which has been planned for EGS in the ‘Base’ hours for Calibration (Cal); Non-Destructive Evaluation (NDE); and Component Cleaning, and Refurbishment (CCR) Lab operations. The Contracting Officer will provide written notice to the Contractor of its intent to exercise this subcategory option within 30 days. If exercised, the Contractor shall separately track the usage of this subcategory of hours and report them distinctly in all applicable Deliverable Requirements (DR)s.

(g) In the event the Contracting Officer exercises ‘Flex’ hours pursuant to this subparagraph, Attachment J-02, Section B Tables, Table B.3, Level of Effort Hours will be amended to reflect the new Level of Effort hours, and Attachment J-02, Section B Tables, Table B.2, Estimated Contract Value, will be amended to reflect the new contract value including LOE hours and estimated price on the values set forth in Attachment J-02, Table B.3.1, Flex Hours

Available and Exercised as ‘Flex’ hours exercised. Attachment J-02, Section B Tables, Table B.2, Estimated Contract Value, will also be revised on a quarterly basis to reflect changes in CLIN 001 firm fixed price value associated with the exercising of the ‘Flex’ hours identified for Immediate Use at the rate specified in Attachment J-03, LOE Fixed Price Labor

Rates. The Government may order ‘Flex’ hours during the contract period of performance in any combination of labor classification up to the available ‘Flex’ hours set forth in

Attachment J-02, Table B.3.1, Flex Hours Available and Exercised. Unexercised ‘Flex’ hours from previous contract periods shall roll over to the following option periods.

(h) The process to exercise ‘Flex’ hours is described in Clause G.11, ‘Flex’ Hours Ordering

Procedures.

B.4 NON-PROPOSED OTHER DIRECT COSTS (ODCs) VALUES

(a) The Non-proposed costs displayed in Attachment J-02, Section B Tables, Table B.2, Estimated Contract Value are the Government’s best estimate of the actual other direct costs

(ODCs) that may be incurred on the contract. The Contracting Officer will annually update this table during contract administration to reflect the Government’s actual ODCs incurred.

(b) The Government will only reimburse the Contractor for the actual direct costs the Contractor incurs for these ODCs. The Government will not reimburse the Contractor under these estimates for any profit or indirect loads. In accordance with its accounting or disclosed practices, the Contractor may include any necessary costs associated with the provisioning of these estimated ODCs under the firm fixed price total value (CLIN 001(A-E)). If the annual actual ODCs exceed 35% of the values provided in Attachment J-02, Section B Tables, Table

B.2, Estimated Contract Value, the Government will adjust the total firm fixed price of CLIN

001 using the indirect material handling rates provided in Attachment J-03, LOE Fixed Labor

Rates. This adjustment, if required, will occur at the end of each contract year. The adjustment amount will be calculated by applying the indirect rate against the total actual annual ODC minus the calculated 135% value of the annual estimated Non-proposed ODC.

The Government will not otherwise consider any upward adjustment to CLIN 001 under the

80KSC021R0038 Section C

LASSO II Solicitation Description/Specifications

SECTION C

DESCRIPTION/SPECIFICATIONS

C.1 SCOPE OF WORK

The Contractor shall provide all personnel, materials, equipment, and facilities (except as otherwise provided for in this contract) necessary to perform those functions set forth in

Attachment J-01, Performance Work Statement (PWS).

C.2 DATA REQUIREMENTS LIST

(a) The Contractor shall furnish all data identified and described in Attachment J-01, Appendix

1, Data Requirements List, and all costs associated therewith are included in the price of the contract.

(b) The Government reserves the right to delay the date of delivery of any or all Data

Requirements (DRs) specified in the Data Requirements List (DRL) and such right may be exercised at no increase in the contract price. The Government also reserves the right to terminate the requirement for any or all DRs specified in the DRL. In the event the

Government exercises this latter right, it will decrease the contract price in accordance with the Changes Clause.

(c) To the extent that data required to be delivered under a DRL/DR is also required to be delivered under another clause of the contract, the requirements established by both the

DRL/DR and such other contract clause shall apply. In the event of a conflict between the data requirements of the DRL/DR and another contract clause, the contract clause shall take precedence.

(d) Nothing contained in this clause shall relieve the Contractor from delivering data that is not identified and described in the DRL/DR, but required under another clause of the contract.

[END OF SECTION]

80KSC021R0038 Section E

LASSO II Solicitation Inspection and Acceptance

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

E.3 1852.246-71 GOVERNMENT CONTRACT QUALITY ASSURANCE

FUNCTIONS (OCT 1988)

In accordance with the inspection clause of this contract, the Government intends to perform the following functions at the locations indicated:

Inspection and acceptance of all work shall be performed at National Aeronautics and Space

Administration (NASA) Kennedy Space Center (KSC) and NASA facilities on Cape Canaveral

Space Force Station (CCSFS) and such other places of performance or delivery of work required under this contract.

E.4 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 in three (3) copies, an original and two (2) copies.

(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.

80KSC021R0038 Section F

LASSO II Solicitation Deliveries or Performance maintaining small business programs, which the Government evaluated as part of the source selection process and incorporated into the awarded contract.

F.3 PLACE OF PERFORMANCE - SERVICES

The Contractor shall provide the supplies and services identified in Attachment J-01, Performance Work Statement (PWS) to NASA KSC and NASA facilities on Cape Canaveral

Space Force Station (CCSFS) and at such other locations as may be approved in writing by the

Contracting Officer.

80KSC021R0038 Section G

LASSO II Solicitation Contract Administration Data

Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The

Contractor's request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause.

(c) Approval and payment of requests.

(1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract. The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved requests on the 30th day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is not required to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquiries into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the

Contractor certification. The payment period will not begin until the Contracting Officer approves the request.

(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract.

(d) Liquidation of performance-based payments.

(1) Performance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based finance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation percentage.

(2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price adjustments.

(e) Reduction or suspension of performance-based payments. The Contracting Officer may reduce or suspend performance-based payments, liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these actions after finding upon substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (h) and (i) of this clause).

(2) Performance of this contract is endangered by the Contractor's-

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business.

(f) Title.

(1) Title to the property described in this paragraph (f) shall vest in the Government.

Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract

(2) "Property," as used in this clause, includes all of the following described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices:

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii)Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufacturing aids, title to which would not be obtained as special tooling under subparagraph (f)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract (e.g., the termination clauses) shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract, without requesting the Contracting Officer's approval, provided that any significant reduction in the value of the property to which the Government has title under this clause is reported in writing to the Contracting Officer.

(5) In order to acquire for its own use or dispose of property to which title is vested in the

Government under this clause, the Contractor shall obtain the Contracting Officer's advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not-

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. If any property is lost (see

45.101), the basis of payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(h) Records and controls. The Contractor shall maintain records and controls adequate for administration of this clause. The Contractor shall have no entitlement to performance-based payments during any time the Contractor's records or controls are determined by the

Contracting Officer to be inadequate for administration of this clause.

(i) Reports and Government access. The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information requested by the Contracting Officer for the administration of this clause and to determine that an event or other criterion prompting a financing payment has been successfully accomplished. The Contractor shall give the

Government reasonable opportunity to examine and verify the Contractor's records and to examine and verify the Contractor's performance of this contract for administration of this clause.

(j) Special terms regarding default. If this contract is terminated under the Default clause, (1) the Contractor shall, on demand, repay to the Government the amount of unliquidated performance-based payments, and (2) title shall vest in the Contractor, on full liquidation of all performance-based payments, for all property for which the Government elects not to require delivery under the Default clause of this contract. The Government shall be liable for no payment except as provided by the Default clause.

(k) Reservation of rights.

(1) No payment or vesting of title under this clause shall -

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause-

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(l) Content of Contractor's request for performance-based payment. The Contractor's request for performance-based payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for performance-based payment;

(3) The contract number and/or other identifier of the contract or order under which the request is made;

(4) Such information and documentation as is required by the contract's description of the basis for payment; and

(5) A certification by a Contractor official authorized to bind the Contractor, as specified in paragraph (m) of this clause.

(m) Content of Contractor's certification. As required in paragraph (l)(5) of this clause, the

Contractor shall make the following certification in each request for performance-based payment:

(n) I certify to the best of my knowledge and belief that-

(1) This request for performance-based payment is true and correct; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the contract and the instructions of the Contracting Officer;

(2) (Except as reported in writing on __________), all payments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary course of business;

(3) There are no encumbrances (except as reported in writing on _________) against the property acquired or produced for, and allocated or properly chargeable to, the contract which would affect or impair the Government's title;

(4) There has been no materially adverse change in the financial condition of the Contractor since the submission by the Contractor to the Government of the most recent written information dated _____________; and

(5) After the making of this requested performance-based payment, the amount of all payments for each deliverable item for which performance-based payments have been requested will not exceed any limitation in the contract, and the amount of all payments under the contract will not exceed any limitation in the contract.

G.5 1852.232-80 SUBMISSION OF VOUCHER/INVOICES FOR PAYMENT (APR

2018)

(a) The designated payment office is the NASA Shared Services Center (NSSC) located at FMD

Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

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

https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact

Center at 1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.

(c) Payment requests.

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

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

(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.

G.6 PAYMENT AND SUBMISSION OF INVOICES

The Contractor shall prepare invoices in accordance with NFS 1852.252-80 SUBMISSION OF

VOUCHERS/INVOICES FOR PAYMENT (APR 2018) and the following:

(a) The Contractor shall prepare invoices in accordance with the Prompt Payment Act, U.S.C. §

3903(a), and OMB Circular A-125, Prompt Payment, and submitted on a monthly basis, no later than the 10th calendar day of the following month. The Contractor shall submit accurate invoices. The Government will reject any invoice in which it identifies a discrepancy.

(b) At a minimum, the following information shall be included with all invoices:

(1) Contractor Name and Address

(2) Contract Number

(3) Invoice Number and Date

(4) Invoice Period of Performance

(5) Price per CLIN (current and cumulative)

(6) Price per Customer (current and cumulative) and reporting category

(7) Description of Services

(c) The Contractor shall invoice the Government for CLIN 001 monthly with the amount invoiced based on the annual balance divided by the number of months remaining in the contract year.

(d) The Contractor shall invoice the Government for CLIN 002 and CLIN 003 for the actual labor hours performed and actual non-proposed other direct costs (ODCs) incurred during the month for which the Contractor is preparing the invoice. The Contractor shall provide any documentation the Government requests to verify the accuracy of the invoice.

(e) The Contractor shall submit a Microsoft Excel file, in its native format, reflecting the data and calculations supporting each invoice. The file shall be provided to NASA, Kennedy

Space Center, addressed to the following:

(1) Mail Code: GG-X-XX

(2) Mail Code: GG

(3) The spreadsheet data shall reconcile with the original vouchers provided to the NASA designated billing office.

(f) The Government will make payment to the Contractor upon the receipt of an invoice the

Government determines to be accurate and contract performance the Government determines to be satisfactory.

(g) To effect Electronic Funds Transfer (EFT) payments, the Contractor shall include the following information on the first invoice to KSC and any future invoices if the requested information changes: the name, address and nine digit Routing Transit Number of the

Contractor’s financial agent; the Contractor’s account number and type of account (checking, savings, or lockbox); and the name, title, telephone number and signature (manual or electronic, as appropriate) of official authorized to provide this information. In accordance with FAR 32.9, the Government may reject an invoice as improper, if the Contractor fails to include this information.

(h) For invoices for which the Contractor will offer a discount for prompt payment, the

Contractor shall clearly mark the outside of the envelope “DISCOUNT FOR PROMPT

PAYMENT.” The final invoice shall be marked “FINAL.” All invoices shall include the

Contractor’s Taxpayer Identification Number (TIN) and all other payment information required under this contract.

G.7 1852.245-71 INSTALLATION-ACCOUNTABLE GOVERNMENT PROPERTY

(JUNE 2018)

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

Government retains accountability for, and title to, the property, and the Contractor shall comply with the following:

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

Manual;

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

Requirements;

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

Procedural Requirements;

Kennedy NASA Procedural Requirement (KNPR) 4000.1, Supply and Equipment Program

Manual

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

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

(c) (1) The official accountable recordkeeping, financial control, and reporting of the property subject to this clause shall be retained by the Government and accomplished within NASA management information systems prescribed by the installation Supply and Equipment

Management Officer (SEMO) and Financial Management Officer. If this contract provides for the Contractor to acquire property, title to which will vest in the Government, the following additional procedures apply:

(i) The Contractor's purchase order shall require the vendor to deliver the property to the installation central receiving area.

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

(iii) The Contractor shall establish a record for Government titled property as required by

FAR 52.245-1, as incorporated in this contract, and shall maintain that record until accountability is accepted by the Government.

(iv) Contractor use of Government property at an off-site location and off-site subcontractor use requires advance approval of the Contracting Officer and notification of the Industrial Property Officer. The property shall be considered

Government furnished and the Contractor shall assume accountability and financial reporting responsibility. The Contractor shall establish records and property control procedures and maintain the property in accordance with the requirements of FAR

52.245-1, Government Property (as incorporated in this contract), until its return to the installation. NASA Procedural Requirements related to property loans shall not apply to offsite use of property by contractors.

(2) After transfer of accountability to the Government, the Contractor shall continue to maintain such internal records as are necessary to execute the user responsibilities identified in paragraph (a) of this clause and document the acquisition, billing, and disposition of the property. These records and supporting documentation shall be made available, upon request, to the SEMO and any other authorized representatives of the Contracting Officer.

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

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

X (2) Office furniture.

X (3) Property listed in Section J, Attachment J-01, Appendix 7 Installation - Accountable

Government Property. After contract award, this list of Government Furnished

Property will be maintained electronically in the NASA Integrated Asset

Management Property Plant and Equipment (IAM PP&E) Application, and the

Supply Management System (SMS). This electronic record will supersede the listing provided at contract award and will serve as the contractual binding official list of record.

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

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

Officer's prior written approval.

(4) Supplies from stores stock.

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

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

X (7) Installation service facilities: See Attachment J-05, Government-Furnished Facilities.

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

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

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

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

Officer.

G.8 LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO NFS

1852.245-71

For performance of work under this contract, the Government will make available the below listed Government property on a no charge-for-use basis. The Contractor shall use this property in the performance of this contract at the place of performance specified in this contract or at other location(s) as may be approved by the Contracting Officer.

Attachment J-01, Appendix 7, Installation - Accountable Government Property*

The above list, when provided in the Request for Proposal (RFP), is a list of available

Government property as of the dates on the list. This list may not represent the Government property that the Government will provide to the Contractor on the date contract performance begins. The Government will update the list before contract award and include it in the awarded contract. Any difference in the list and the Government property actually provided by the

Government will not be subject to an equitable adjustment.

If the contractor acquires property in accordance with Clause B.4, Non-Proposed Other Direct

Costs (ODCs) Values, the title to such property shall vest in the Government, and the Contractor shall ensure its entry into the Government electronic record. This property shall become accountable to the Government upon its entry into the Government electronic records.

* After contract award, this list of Government Furnished Property will be maintained electronically in the NASA Integrated Asset Management Property Plant and Equipment (IAM

PP&E) Application, and the Supply Management System (SMS). This electronic record will supersede the listing provided at contract award and will serve as the contractually binding official list of record.

G.9 1852.245-82 OCCUPANCY MANAGEMENT REQUIREMENTS (SEPT 2017)

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

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

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

(3) KNPR 8830.1, Facilities and Real Property Management Procedural Requirements

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

Contractor's expense.

(c) The Contractor shall not acquire, construct or install any fixed improvement or structural alterations in Government buildings or other real property without the advance, written approval of the Contracting Officer. Fixed improvement or structural alterations, as used herein, means any alteration or improvement in the nature of the building or other real property that, after completion, cannot be removed without substantial loss of value or damage to the premises. Title to such property shall vest in the Government.

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

G.10 PROPERTY

(a) Installation-Accountable Government Furnished Property

The property listed in Attachment J-01, Appendix 7, Installation - Accountable Government

Property, is Government replaceable. It is furnished to the Contractor in an “as-is, where-is” condition. The Government makes no warranty regarding the property’s suitability for use.

Except as provided in this clause, NFS 1852.245-71, Installation-accountable Government

Property, shall govern GFP furnished under this contract.

(b) Government-Furnished Materials

Attachment J-01, Appendix 7, Installation - Accountable Government Property, identifies all materials provided to the Contractor. The Contractor shall store, protect, manage, and maintain records for this material in the Supply Management System (SMS) database.

(c) Administratively-Controlled Property

Administratively-controlled property is Government equipment, special tooling, or special test equipment that is not sensitive and has an acquisition cost as defined in NPR 4200.1, NASA Equipment Management Procedural Requirements. Prior to the beginning of the period of performance of this contract, the Government provided a list of administratively-controlled property available for use on Center by the Contractor. The Contractor shall be responsible for all administratively-controlled property it uses and shall establish a program, subject to review by the Supply and Equipment Management Officer (SEMO), for its use, maintenance, protection, and preservation that meets industry standards and is in accordance with sound business practices.

(d) Special Requirements Applicable to Contractor-Owned Property

(1) Records. The Contractor shall maintain a record of all Contractor-owned vehicles and associated equipment acquired under the conditions of this contract. The record shall include date of purchase, purchase price, useful life, depreciation base, method and schedule, and current net book value. Within five business days of request by the

Contracting Officer, the Contractor shall provide these records or a summary report including information specified in the Contracting Officer’s request.

(2) Right to Purchase. If upon expiration or termination of this contract the Government wishes to purchase all or any portion of the Contractor-owned vehicles and associated equipment acquired under the conditions of this contract, or if the Government wishes that all or any portion of this property be offered to another or successor Government contractor for purchase, the Contractor shall make the property available for inspection, and offer it for purchase at the then existing net book value, subject to reasonable terms and conditions, based on common industry practices, to which the parties to the transaction agree regarding payment and other matters.

G.11 ‘FLEX’ HOURS ORDERING PROCEDURE

(a) Only the NASA Contracting Officer may exercise ‘Flex’ hours and convert them to ‘Base’ hours, providing specific authorization or direction to the Contractor to perform work within the scope of the contract.

(b) Sub-types of ‘Base’ hours created under this clause

(1) Immediate Use ‘Base’ Hours: Applicable to PWS 2.0 and 3.0, or as provided for by

COR authorized PDF under PWS 4.0.

(2) Contingent Use ‘Base’ Hours: Under PWS 4.0, these hours are provided for undefined projects that will be further delineated in the future in accordance with the PDF process.

Once defined by COR authorized PDF under PWS 4.0, these hours will convert to

Immediate Use ‘Base’ Hours.

(c) Prior to converting ‘Flex’ hours to Immediate Use ‘Base’ Hours or Contingent Use ‘Base’

Hours, the Contracting Officer shall provide the Contractor with the applicable PWS section, labor hours, and skill mix.

(d) Within 3 business days after receipt of the Contracting Officer's request, the Contractor shall submit its concurrence with the labor classifications and LOE hours provided by the

Government, and associated pricing information.

(e) After review and any necessary discussions, the Contracting Officer will exercise the ‘Flex’ hours through bilateral contract modification.

G.12 PROJECT DEFINITION FORM (PDF) ORDERING PROCEDURE

(APPLICABLE TO PWS 4.0 REQUIRMENTS)

(a) Discrete projects within the scope of PWS 4.0, Professional and Technical Support Services, may be authorized using the Project Definition Form (PDF) Ordering Procedure.

(b) When the performance of a discrete project is required, the Government will provide the

Contractor a PDF detailing the following information:

(1) A technical approach to the work identifying the authorized Non-Proposed ODCs, if any, and the objectives or results desired from the contemplated project.

(2) A request for a PDF plan from the Contractor to include the proposed period of performance; proposed labor categories; proposed LOE hours and associated LOE firm fixed price labor rates (see Attachment J-XX, Firm Fixed Price Labor Rates); and any other information required to determine the reasonableness of the Contractor's PDF plan.

(c) Within 5 business days after receipt of the Government's request, the Contractor shall submit a PDF plan to the Contracting Officer’s Representative (COR) conforming to the request.

(d) After review and any necessary discussions, the COR may authorize the Contractor to proceed with the PDF. The authorization will include:

(1) Date of the PDF authorization.

(2) PDF number.

(3) Title

(4) Maximum LOE hours authorized

(5) Maximum ODCs authorized.

(6) Maximum dollar amount authorized (price).

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

(e) The Contractor shall provide acknowledgment of receipt to the COR within 1 business day after receipt of the PDF authorization.

(f) The COR may amend PDFs in the same manner in which they were issued.

(g) In the event of a conflict between the requirements of the PDF and the Contractor's approved

PDF plan, the PDF shall prevail.

G.13 TECHNICAL DIRECTION

(a) Performance of the work under this contract is subject to the written technical direction of the

Contracting Officer’s Representative (COR), who shall be specifically appointed by the

Contracting Officer in writing in accordance with NFS 1801.602. “Technical Direction” means a directive to the Contractor that approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor. Technical direction includes requiring studies and pursuit of certain lines of inquiry regarding matters within the general tasks and requirements in

Section C of this contract and as further defined in, G.12 PROJECT DEFINITION FORM

(PDF) ORDERING PROCEDURE.

(b) The COR may not issue any instruction purporting to be technical direction that—

(1) Constitutes an assignment of additional work outside the performance work statement;

(2) Constitutes a change as defined in the changes clause;

(3) Constitutes a basis for any increase or decrease in the total price of the contract, or the time required for contract performance;

(4) Changes any of the expressed terms, conditions, or specifications of the contract; or

(5) Interferes with the Contractor’s rights to perform the terms and conditions of the contract.

(c) The COR will issue all technical direction in writing.

(d) The Contractor shall proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within the COR’s authority.

If, in the Contractor’s opinion, any instruction or direction by the COR falls within any of the categories defined in paragraph (b) of this clause, the Contractor shall not proceed and instead shall notify the Contracting Officer in writing within 3 business days after receiving it and shall request the Contracting Officer take action as described herein. Upon receiving such notification, the Contracting Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within 30 calendar days that the instruction or direction is—

(1) Rescinded in its entirety; or

(2) Within the requirements of the contract and does not constitute a change under the

Changes clause of the contract, and that the Contractor should proceed promptly with its performance.

(e) If the Contractor and Contracting Officer disagree that the instruction or direction is both within…