LGMPCS II_DRFP_Solicitation Document.pdf

80LARC23R0010 LGMPCS II 10/5/2023

Table of Contents

SECTION A - STANDARD FORM 1449 (SF 1449)

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 SERVICES TO BE PROVIDED

B.2 CONTRACT LINE-ITEM NUMBERS (CLIN) & PRICING SCHEDULE

2.1 Clin Structure

2.2 TABLE B.2.2-1: Contract Pricing Schedule (SF1449 Blocks 19 through 24 continued)

2.3 Indefinite Delivery Indefinity Quantity (IDIQ) Task Order Support fo Work Over and Above the Fixed-Price Portion of the Contract (Clin 0002)

B.3 NFS 1852.232-80 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT (APR 2018)

B.4 PLACE OF PERFORMANCE – SERVICES

B.5 CONTRACT PERIOD OF PERFORMANCE

5.1 LaRC 52.217-96 Period of Performance with Options (J 2022)

B.6 SPECIAL CONTRACT REQUIREMENTS

SECTION C - CONTRACT CLAUSES

C.1 CLAUSES INCORPORATED BY REFERENCE ( 2.252-2) (FEB 1998)

SECTION D - CONTRACT DOCUMENTS EXHIB TS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISI NS INC RPORATED BY REFERENCE. (FEB 1998)

1.1 52.252-5 AUTH RIZED DEVIATIONS IN PROVISIONS. (NOV 2020)

1.2 52.216-1 Type of Co ract (Ap 1984)

1.3 52.233-2 Service of Prote (SEPT 2006)

E.2 ADDENDUM TO FAR 52.212-1: INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES. (MAR 2023)

E.3 ADDENDUM TO 52.212-2 EVALUATION - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.

(NOV 2021)

E.4 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

DRAFT

(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 no el tronic voucher/invoice using the steps for non-electronic payment requests described at https://www.nssc.nasa.go /vendorpayment, when any of the following conditions are met:

(1) The Contracting Officer administering the contract for aymen has determined, in writing, that electronic submission would be unduly burdensome to the Contractor.

(2) The contract includes provisions allowing the con rac r to submi vouchers or invoices using the steps for non-electronic payment requests. In such instances the Contracto ees to submit non-electronic payment requests using the method or methods specified in Section G of t e ontract.

(e) Improper vouchers/invoices. The NSSC Paym nt Offic will notify the contractor of any apparent error, defect, or impropriety in a voucher/invoices wi hin sev l dar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be i ected to the NSSC as specified in paragraph (b) of this section.

(f) Other payment clauses. In addition to he req irements of this clause, the Contractor shall meet the requirements of the appropriate payment auses in this ontract when submitting payment requests.

(g) In the event that amounts are withhel from payment in accordance with provisions of this contract, a separate payment request for the amount with ld will be required before payment for that amount may be made.

(End of clause)

B.4 PLACE OF PERFORMANCE – SERVICES

The services to be performed under this contact shall be performed at the following location(s): NASA Langley Research Center and property that has been permitted to NASA for its use and associated NASA buildings located on the adjacent Langley Air Force Base, Hampton, Virginia 23681.

(End of clause)

B.5 CONTRACT PERIOD OF PERFORMANCE

(a) The total potential period of performance for this contract includes a 1-year base plus four (4) 1-year option periods, if exercised, from the effective date of the contract.

(b) In addition, the contract includes FAR 52.217-8, Extension of Services, that allows the Government to extend services for up to 6 months.

5.1 LARC 52.217-96 PERIOD OF PERFORMANCE WITH OPTIONS (JUN 2022)

Period of Performance Period Start End Duration

Phase-In Period Feb. 1, 2024 Feb. 29, 2024 1 month

Base Mar. 1, 2024 Feb. 28, 2025 11 months

Option 1 Mar. 1, 2025 Feb. 28, 2026 12 months

Option 2 Mar. 1, 2026 Feb. 28, 2027 12 months

Option 3 Mar. 1, 2027 Feb. 29, 2028 12 months

Option 4 Mar. 1, 2028 Feb. 28, 2029 12 months

(End of claus )

B.6 SPECIAL CONTRACT REQUIREMENTS

6.1 CLAUSES INCORPORATED BY REFERENCE SECTION B.6

Clause(s) at the beginning of this Section are incorpor ted by refe nce, with the same force and effect as if they were given in full text. Clauses incorporated by ference hich require a fill-in by the Government include the text of the affected paragraph(s) only. This does not imit th clause to the affected paragraph(s). The Contractor is responsible for understanding and com lying w th the entire clause. The full text of the clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulati n (48 CFR Chap er 1) https://www.acquisition.gov/

Nasa FAR Supplement (48 CFR Chapter 8) https://www.acquisition.gov/nfs

NFS 1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP

REPORTING.

(DEC 2015)

NFS 1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY. (FEB 2002) ALTERNATE I

(FEB 2006)

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

INCORPORATED BY REFERENCE (MAR 2012)

There are various types of clauses contained in the contract. Most clauses will reference a numbered cite such as:

Federal Acquisition Regulation (FAR 52.#); NASA FAR Supplement (NFS 1852.#); or Langley Research Center (LaRC 52.#). There are also clauses that have no numbered cite designation. Those clauses were written by LaRC for this specific contract or were written as generic Agency clauses specific for this contract type.

(End of clause)

6.3 LARC 52.213-90 ORDERS USING GOVERNMENT PURCHASE CARD (P-CARD) (MAY 2023)(APPLICABLE

TO CLIN X0002)

(a) The Contractor shall accept firm-fixed priced orders placed by authorized Government Purchase Card (P- Card) users for services under $10,000 (or other limits based on changes to P-Card purchase limitations set forth in FAR Part 2 Micro-purchase threshold definition). The Governmen P-Card is a purchasing instrument issued through a commercial bank to a Government Agency to facilitat micro purchases. In general, all P-Card orders will be issued by the Contracting Officer's Representative (COR). If orders are placed by other than the COR or for more than the stated limits, the Contractor shall obtai authoriza on (Technical Direction) from the COR or CO prior to accepting the order.

(b) The Contractor shall accept and perform only those servi s w thin the scope of the contract. In addition, the Contractor shall obtain all Government approvals (e.g., safe environmental, health) required. Use of P- Card by Government personnel does not alter the re u ments or t e terms and conditions of this contract.

(c) The Contractor shall utilize rates established in Sec ion B.2. for the pricing of services and supplies when Government personnel are ordering work di ec y via th Government P-Card. Any request for work that cannot be priced in accordance with Sec ion B.2 equires advance approval of the Contracting Officer. The Contractor is responsible for tracking nd repo n P Card orders (See Exhibit C, Contract Documentation Requirements, for reporting requirement

(d) The Government P-Card hall be bil d by he Contractor when the work is completed and accepted by the customer.

(End of clause)

6.4 LARC 52.245-90 PROVIDING EQUIPMENT TO CONTRACTORS (AUG 2021)

a) In accordance with FAR 45.102, Contractors shall furnish all property required for performing Government contracts.

b) The Government, however, agrees to provide EXISTING equipment as listed in Exhibit # TBD, if there is a long list of equipment] in support of this contract. Any existing equipment items that reach the end of their useful life during the contract period, or which are beyond economical repair, shall be replaced by the Contractor, if the equipment is still needed for contract performance.

(End of clause)

6.5 LARC 52.204-92 REQUIREMENTS FOR ACCESS TO NASA LANGLEY RESEARCH CENTER (AUG 2021)

(a) Visitors seeking entry to NASA Langley Research Center using a state-issued driver’s license or state-issued personal identification card are advised that identification documents must be compliant with the REAL ID Act of

2005, Public Law 109-13. Information on the REAL ID Act of 2005, Public Law 109-13 requirements can be found at: http://www.dhs.gov/real-id-public-faqs. Questions concerning REAL ID can be forwarded to the NASA Langley Badge and Pass Office via email at LaRC-RealId@mail.nasa.gov.

(b) A state-issued ID that is non-compliant with the REAL ID standards cannot be used for access to the Center.

(c) The following alternate forms of identification are accepted for NASA LaRC access:

(1) Federal employee badges,

(2) Passports,

(3) Military identification cards,

(4) Enhanced Driver’s Licenses,

(5) U.S. Coast Guard Merchant Mariner Card,

(6) Native American tribal document,

(7) School identification accompanied by an item from List C.

(d) Visitors without acceptable identity documents require speci ic authorization from the Center Chief of Protective Services and escort by permanently badged NASA employe or permanently badged contractor employees at all times while present on the NASA Langley Research Center.

(En of lause)

6.6 LARC 52.204-92 REQUIREMENTS FOR ACCES T NASA LANGLEY RESEARCH CENTER (AUG 2021)

(a) Visitors seeking entry to NASA Lan ley Res arch C nter using a state-issued driver’s license or state-issued personal identification card are advised hat ide fi tion documents must be compliant with the REAL ID Act of 2005, Public Law 109-13. Information on REAL ID Act of 2005, Public Law 109-13 requirements can be found at: http://www.dhs.gov/real-id-public qs. Q stions concerning REAL ID can be forwarded to the NASA Langley Badge and Pass Office via email at LaRC RealId@mail.nasa.gov.

(b) A state-issued ID that is no complian with the REAL ID standards cannot be used for access to the Center.

(c) The following alternate forms of id ntification are accepted for NASA LaRC access:

(1) Federal employee badges,

(2) Passports,

(3) Military identification cards,

(4) Enhanced Driver’s Licenses,

(5) U.S. Coast Guard Merchant Mariner Card,

(6) Native American tribal document,

(7) School identification accompanied by an item from List C.

(d) Visitors without acceptable identity documents require specific authorization from the Center Chief of Protective Services and escort by permanently badged NASA employees or permanently badged contractor employees at all times while present on the NASA Langley Research Center.

(End of clause)

6.7 LARC 52.211-104 OBSERVATION OF REGULATIONS AND IDENTIFICATION OF CONTRACTOR'S

EMPLOYEES (AUG 2021)

a) The Contractor shall require its employees to observe and obey all rules and regulations as prescribed by the authorities at LaRC and other installations including all applicable Federal, NASA, and Langley safety, health, environmental and security regulations.

b) At all times while on NASA property, the Contractor shall require its employees, subcontractors, and agents to display a valid NASA issued identification badge. Contractors shall be held accountable for these identification badges, and may be required to validate its active employees on an annual basis with the NASA LaRC Protective Services Office.

c) When authorization to possess an Identification Badge no longer exists (e , upon termination of employment or expiration of contract):

(1) The Contractor shall submit a checkout reques for the departing Contractor Employee(s) at https://checkout.arc.nasa.gov, prior to notifying the Contractor E oyee of the employment termination or contract expiration, unless a security threat exists (See Item 2 Below) in w ich case the checkout may occur immediately following termination;

(2) If the terminated Employee is considered a security th eat, the Contractor shall immediately notify the NASA LaRC Protective Services Office and LaRC Chief Inform ion Officer, and submit NAMS closures for AGCY0012 Basic Active Directory Account and all Center o Agency VPN, to suspend the user’s physical and logical access to the Center. Center Protective Servic s P sonnel ill escort the contractor employee off Center premises immediately;

(3) The departing Contract r Employee hall surrender the NASA RSA token, NASA Smartcard, Agency Smart Badge, Government-Provided Equipment, nd facility keys to the respective Contractor Supervisor;

(4) The Contractor shall ensure al Cont actor employees exit the NASA Langley Research Center premises within one (1) hour of termination of employment or at the end of a contractor employee’s standard work day upon contract expiration;

(5) The Contractor shall return Contractor employee(s) NASA Identification Badges, Government-Provided equipment, and facility keys to the NASA LaRC Badge and Pass Office and Government-Equipment Points of Contact within two business days of employment termination or contract expiration.

d) All NASA identification badges and facility keys remain the property of NASA and the Government reserves the right to invalidate such badges at any time. In this event, the facility keys should be returned immediately with the invalidated badges to the NASA LaRC Badge and Pass Office.

(End of clause)

6.8 LARC 52.215-116 ENABLING CLAUSE BETWEEN GROUNDS MAINTENANCE AND PEST CONTROL

SUPPORT SERVICES CONTRACTOR AND OTHER LANGLEY CONTRACTORS (MAR 2012)

a) NASA has entered into the contracts listed below for other support services at Langley Research Center:

Contract Name Contractor

Center Maintenance, Operations, and Engineering (CMOE) Jacobs Technology Inc.

NASA End-User Services & Technologies (NEST) Leidos

Langley Information Technical Enhanced Services (LITES II) Science Applications International

NASA Protective Services - Eastern Region (NPS-ER) Chenega Global Protection, LLC.

Environmental Engineering Services HSG, LLC

Custodial Services B va d Achievement Center, Inc

Langley Administrative, Media, and Professional Services (LAMPS 2) Alutiiq Fusi n Joint Venture

Logistics Support Services Alutiiq Commercial Enterprises

Technology, Engineering and Aerospace Miss on Support (TEAMS 3) Analytics Mechanics Association Inc.

Facility Assurance, Inspection, Monito g and Occupational Safety (FAIMOS 2) Mission Technology

b) In the performance of this cont act, the ontractor agrees to cooperate with the Contractors or follow-on contractors for the above l ted con acts b responding to invitations from authorized personnel to attend meetings; providing ac ss to technic l information and research, development and planning data, test data and results, schedule and milestone da a; limited financial data including estimates, all in original form or reproduced, discussing/coor inating matters related to projects; providing access to Contractor facilities utilized in the performance of t is ontract; and allowing observation of technical activities by appropriate support Contractor technical personnel.

c) The Contractor further agrees to include in each subcontract over $1 million or 10 percent of prime contract value, whichever is less, a clause requiring compliance by a subcontractor and succeeding levels of subcontractors with the response and access provisions of paragraph (b) above, subject to coordination with the Contractor. This agreement does not relieve the Contractor of responsibility to manage subcontracts effectively and efficiently, nor is it intended to establish privity of contracts between the Government or the service Contractor(s) and such subcontractors.

d) Contractor personnel are not authorized to direct another Contractor in any manner.

e) To the extent that the work under this contract requires access to proprietary information, and as long as these data remain proprietary, the Contractor shall protect the data from unauthorized use and disclosure.

f) Neither the Contractor nor its subcontractors shall be required in the satisfaction of the requirements of this clause to perform any effort or supply any documentation not otherwise required by their contract or subcontract.

(End of clause)

6.9 LARC 52.217-99 (SEPT 2023)

In accordance with FAR 52.217-8, Option to Extend Services, the contractor agrees that the rates and prices for services, if exercised under this clause, will be within the limits and rates specified in the contract for the period awarded, including any options exercised, that were evaluated by the Government during the initial competition, determined reasonable by the Government prior to contract award, and any amounts exercised under this clause will be based on the terms of the contract. Therefore, the contract value of any extension pursuant to this clause is considered to have been part of the initial competition and contract award.

Because the Government cannot determine if, when, and for how long (months) this clause will be exercised, the contractor agrees that the contract value, rates, and other limits of any period exercised under this clause shall be within limits of the prevailing contract period. For example, if the contra t includes a 1-year base period and 4-one-year option periods, and the Government only exercises the secon ption period, the contract price for any period exercised under this clause will be within the limits and rates specified in the contract for option-year 2. The contractor agrees that the rates/prices may be adjusted only as a result of pre iling labor rates provided by the Secretary of Labor.

6.10 LARC 52.223-92 CONTRACTOR EMPLOYEES' PART CI ATION IN SAFETY & HEALTH AWARENESS

EVENTS (JUN 2016)

Langley Research Center (LaRC) safety and health aw renes tivities (e.g. training, safety events) are designed to develop an effective safety culture and to foster an en ironment of sharing best practices within the LaRC community of civil service and contractor mplo ees. Th Contractor shall participate in these activities when the LaRC Center Director and/or Safety and Mission Assuran Office (SMAO) Director designates particular safety and health training awareness activity(i ) as ssentia The contractor shall ensure maximum participation of its employees and its subcontractor e loyees hat perform duties on the Center, which includes on-site and near-site employees. For planning purposes, the ontra or can expect to participate annually in approximately 2-4 events that could total approximat y 6 work hou a calendar year.

(End of clause)

6.11 LARC 52.223-93 REPORTING OF INVOLUNTARY SEPARATIONS AND INCIDENTS INVOLVING

WORKPLACE VIOLENCE (AUG 2021)

1) Definition

Workplace Violence: Acts of violence, threats, harassment, intimidation, and other hostile or disruptive behavior.

Such behaviors include oral or written statements, gestures, or expressions that communicate a direct or indirect threat of physical harm or imminent violence, violent and provoking language, or displays of rage.

2) Requirements

a) The Contractor and its employees shall comply with LAPD 1600.5, Workplace Violence and Threatening Behavior. The Contractor shall conduct training on and develop procedures for recognizing, managing, and responding to incidents and threats of workplace violence as defined in LAPD 1600.5.

b) In accordance with LAPD 1600.5, if the LaRC Workplace Violence and Prevention Program (WVPP) Threat Assessment Team determines it is appropriate for the Contractor to participate in a WVPP Threat Assessment Team meeting, the Contractor shall comply with the request. The Contractor shall report the disposition of any incidents to the LaRC WVPP Threat Assessment Team.

c) The Contractor shall consider any personnel action resulting in the involuntary separation of a Contractor employee as a "potential violent situation" and follow the reporting procedures in LAPD 1600.5.

d) The Contractor shall report any such behavior either observed or experienced on LaRC premises immediately to the Center Chief of Protective Services. The Contractor shall also notify the Contracting Officer and the Contracting Officer’s Representative. All reports of incidents will be taken seriously and will be dealt with immediately and appropriately in accordance with LAPD 1600.5.

e) The Contractor shall include these requirements in all subcontracts; however, the Subcontractors shall provide reports through the prime Contractor.

(End of clause)

6.12 LARC 52.223-94 ENVIRONMENTAL MANAGEMENT (JUN 2022)

a) Located in the ecologically sensitive Chesapeake Bay watershed, Langley Resea ch Center (LaRC) is committed to fulfilling its mission in a manner that promotes envir nmental stewardship, sustainability, and continual improvement while mitigating environmentally driven mission r k . LaRC expects its contractors to support LaRC in fulfilling this commitment.

b) The Contractor shall ensure that all onsite activities erforme nd equipment used to fulfill the requirements of the contract are in compliance with all local state, and fe eral environmental laws and regulations as well as all Executive Orders, all NASA Policy Direc ves ( PDs), l NASA Procedural Requirements (NPRs), all Langley Policy Directives (LaPDs), and all Langley Proce ural Req rements (LPRs) pertaining to environmental regulation and management. The NASA and LaR reg latory a horities include, but are not limited to, the most recent versions of the following:

NPD 8500.1, NASA Enviro mental Man gement

NPR 8553.1, NASA Environm ntal Mana ement System

NPR 8570.1, NASA Energy Manag ent Program

NPR 8530.1, NASA Sustainable Acquisition

LAPD 8500.1, LaRC Environmental and Energy Management

LPR 8500.1, Environmental and Energy Program Manual

c) Contractor support of LaRC’s Environmental Management System (EMS), pursuant to NPR 8553.1 and LPR 8500.1, includes conducting operations in accordance with the requirements in NPR 8553.1 and LPR 8500.1, responding to information requests from LaRC environmental officials, and attendance at EMS team meetings when invited (up to 2 one-hour meetings a year).

d) The Government is the operator of record for all environmental activities conducted at LaRC. Depending on location, the facilities and land are under exclusive or concurrent Federal jurisdiction. LaRC’s Environmental Management Office (EMO) is the single point of contact with federal, state, or local regulatory agencies and their representatives unless otherwise directed by the Contracting Officer. All onsite Contractor activities and personnel are subject to environmental compliance reviews, investigations, inspections, or similar inquiries which may be conducted by federal, state, or local regulatory agencies or LaRC EMO. The Contractor shall immediately notify LaRC EMO (LaRC-DL-Environmental-Staff@mail.nasa.gov) and the Contracting Officer when contacted by external regulatory agency representatives and shall cooperate fully with LaRC EMO in responding to regulatory agency representatives. The Contractor shall complete, maintain, and make available to the Contracting Officer and LaRC EMO, all documentation relating to environmental compliance required by law or regulation. As directed by the Contracting Officer, the Contractor shall make such documentation available to personnel of regulatory agencies. If a Notice of Violation, Notice of Noncompliance, Notice of Deficiency, or similar notice is received by the Contractor or one of its subcontractors in the performance of work under this contract, the Contractor shall immediately notify the Contracting Officer or the Contracting Officer’s Representative. The Contractor shall fully cooperate with LaRC in correcting any problems giving rise to any such notices and shall fully cooperate with LaRC personnel in their efforts to resolve any violations so that regulatory assessments of civil fines or penalties are minimized or avoided.

(End of clause)

6.13 LARC 52.242-70 TECHNICAL DIRECTION (JUN 2022)

(a) Performance of the work under this contract is subject to the written tech ical direction of the Contracting Officer’s Representative (COR), who shall be specifically appointed by the Contracting Officer in writing.

"Technical direction" means a directive to the Contractor that pproves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general d cription of work or documentation items; shifts emphasis among work areas or tasks; or furnishes sim l instruction o the Contractor. Technical direction includes requiring studies and pursuit of certain lines of inquiry regard g matters within the general tasks and requirements in Section C of this contract.

(b) The COR does not have the authority t , and s all not, ssue any instruction purporting to be technical direction that -

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

(2) Constitutes a change as d fined in the chang clause;

(3) Constitutes a basis for any ncrease or ecrease in the total estimated contract cost, the fixed fee (if any), or the time required for contract perform nce;

(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) All technical direction shall be issued in writing by the COR.

(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 but shall notify the Contracting Officer in writing within 5 working days after receiving it and shall request the Contracting Officer to take action as described in this clause. Upon receiving this notification, the Contracting Officer will either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within 30 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) A failure of the Contractor and Contracting Officer to agree that the instruction or direction is both within the requirements of the contract and does not constitute a change under the changes clause, or a failure to agree upon the contract action to be taken with respect to the instruction or direction, shall be subject to the Disputes clause of this contract.

(f) Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting Officer or the COR shall be at the Contractor's risk.

(End of clause)

6.14 NFS 1852.204-76 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES (APR 2021) (DEVIATION)

(a) The contractor shall protect the confidentiality, integrity, and availabili y of NASA Electronic Information and IT resources and protect NASA Electronic Information from unauthori ed disclosure.

(b) This clause is applicable to all NASA contractors and sub-contractors tha process, manage, access, or store unclassified electronic information, to include Sensitive Bu Unclassified (SBU) information or Controlled Unclassified Information (CUI), for NASA in support of NA A's mi ions, programs, projects and/or institutional requirements. Applicable requirements, regulations, policies, d guidelines are identified in the Applicable Documents List (ADL) provided as an attachment to the contract. The documents listed in the ADL can be found at: http://www.nasa.gov/offices/ocio/itsecurity/index html For poli y information considered sensitive, the documents will be identified as such in the ADL and m de a ailab through the Contracting Officer.

(c) Definitions.

(1) IT resources means any hardware or oftwa i terconnected system or subsystem of equipment, that is used to process, manage, access, or store electro c information.

(2) NASA Electronic Informa ion is any ata (a defined in the Rights in Data clause of this contract) or information (including information inci ntal to contr ct administration, such as financial, administrative, cost or pricing, or management information) that processe , managed, accessed or stored on an IT system(s) in the performance of a NASA contract.

(3) IT Security Management Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract. Unlike the IT security plan, which addresses the IT system, the IT Security Management Plan addresses how the contractor will manage personnel and processes associated with IT Security on the instant contract.

(4) IT Security Plan. This is a FISMA requirement; see the ADL for applicable requirements. The IT Security Plan is specific to the IT System and not the contract. Within 30 days after award, the contractor shall develop and deliver an IT Security Management Plan to the Contracting Officer; the approval authority will be included in the ADL.

All contractor personnel requiring physical or logical access to NASA IT resources must complete NASA's annual IT Security Awareness training. Refer to the IT Training policy located in the IT Security Web site at https://itsecurity.nasa.gov/policies/index.html.

(d) The contractor shall afford Government access to the Contractor's and subcontractors' facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection (to include vulnerability testing), investigation and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of NASA Electronic Information or to the function of IT systems operated on behalf of NASA, and to preserve evidence of computer crime.

(e) At the completion of the contract, the contractor shall return all NASA information and IT resources provided to the contractor during the performance of the contract in accordance with retention documentation available in the ADL. The contractor shall provide a listing of all NASA Electronic information and IT resources generated in performance of the contract. At that time, the contractor shall request disposition instructions from the Contracting Officer. The Contracting Officer will provide disposition instructions within 30 calendar days of the contractor's request. Parts of the clause and referenced ADL may be waived by the contracting officer, if the contractor's ongoing IT security program meets or exceeds the requirements of NASA Procedural Requirements (NPR) 2810.1 in effect at time of award. The current version of NPR 2810.1 is referenced in the ADL. The contractor shall submit a written waiver request to the Contracting Officer within 30 days of award. The waiver request will be reviewed by the Center IT Security Manager. If approved, the Contractor Officer will notify the contractor, by contract modification, which parts of the clause or provisions of the ADL are waived.

(f) The contractor shall insert this clause, including this paragraph in all s contracts that process, manage, access or store NASA Electronic Information in support of the mission of the Agenc

(End of claus )

6.15 NFS 1852.216-80 TASK ORDERING PROCEDURE (OC 19 6)

(a) Only the Contracting Officer may issue task o de to the C tractor, providing specific authorization or direction to perform work within the scope of the con ract a s specified in the schedule. The Contractor may incur costs under this contract in performance of task or ers and task order modifications issued in accordance with this clause. No other costs are authorized unless therwis specified in the contract or expressly authorized by the Contracting Officer.

(b) Prior to issuing a task order, the Contr cting Officer shall provide the Contractor with the following date:

(1) A functional descr ption of t wor identifying the objectives or results desired from the contemplated task order.

(2) Proposed performan standa ds to be used as criteria for determining whether the work requirements have been met.

(3) A request for a task plan from the Contractor to include the technical approach, period of performance, appropriate cost information, and any other information required to determine the reasonableness of the Contractor's proposal.

(c) Within 7 calendar days after receipt of the Contracting Officer's request, the Contractor shall submit a task plan conforming to the request.

(d) After review and any necessary discussions, the Contracting Officer may issue a task order to the Contractor containing, as a minimum, the following:

(1) Date of the order.

(2) Contract number and order number.

(3) Functional description of the work identifying the objectives or results desired from the task order, including special instructions or other information necessary for performance of the task.

(4) Performance standards, and where appropriate, quality assurance standards.

(5) Maximum dollar amount authorized (cost and fee or price). This includes allocation of award fee among award fee periods, if applicable.

(6) Any other resources (travel, materials, equipment, facilities, etc.) authorized.

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

(8) If contract funding is by individual task order, accounting and appropriation data.

(e) The Contractor shall provide acknowledgement of receipt to the Contracting Officer within __ calendar days after receipt of the task order.

(f) If time constraints do not permit issuance of a fully defined task order in accordance with the procedures described in paragraphs (a) through (d), a task order which includes a ceiling price may be issued.

(g) The Contracting officer may amend tasks in the same manner in which hey are issued.

(h) In the event of a conflict between the requirements of the task orde and t e Contractor's approved task plan, the task order shall prevail.

(End of clau e)

6.16 NFS 1852.219-18 NOTIFICATION OF COMPE ITION LIMITED TO ELIGIBLE 8(A)

CONCERNS. (APR 2015)

(a) Offers are solicited only from small busin ss c ncer expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) P ogram and which meet the following criteria at the time of submission of offer -

(1) The Offeror is in conform ce w th the 8( support limitation set forth in its approved business plan;

and

(2) The Offeror i in conforma ce wi h the Business Activity Targets set forth in its approved business plan or any remedial action d ected by the SBA.

(b) By submission of its offe the fferor represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The ______[insert name of SBA's contractor] will notify the______[insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(End of clause)

6.17 NFS 1852.225-70 EXPORT LICENSES. (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR parts 120-130, and the Export Administration Regulations (EAR), 15 CFR parts 730-799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.

(b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at [insert name of NASA installation], where the foreign person will have access to export-controlled technical data or software.

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

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

(End of clause)

(End of section)

SECTION C - CONTRACT CLAUSES

This is a Draft Copy of Section D. The finalized Contract Clauses are reserved for the Final RFP.

C.1 CLAUSES INCORPORATED BY REFERENCE (52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) https://www.acquisition.gov/far/index.html

NASA FAR Supplement (NFR) https://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm

FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PER.

(MAY 2011)

FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL.

(JAN 2011)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE.

(OCT 2018)

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE.

(AUG 2020)

FAR 52.204-19 INCORPORATION BY REF RENCE OF

REPRESENTATIONS AND CERTIFICATIONS.

(DEC 2014)

FAR 52.212-4 CONTRACT TERMS A D CONDITIONS -

COMMERCIAL RODU TS AND COMMERCIAL

SERVI ES.

(DEC 2022)

FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED

RODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS.

(SEP 2013)

FAR 52.232-18 AVAILAB LITY OF FUNDS. (APR 1984)

FAR 52.237-3 ONTINUITY OF SERVICES. (JAN 1991)

FAR 52.242-15 STOP WORK ORDER (AUG 1989)

FAR 52.245-1 GOVERNMENT PROPERTY. (SEP 2021)

FAR 52.245-9 USE AND CHARGES. (APR 2012)

FAR 52.246-4 INSPECTION OF SERVICES – FIXED PRICE. (AUG 1996)

NFS 1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS.

(AUG 2014)

NFS 1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP

REPORTING

(DEC 2015)

NFS 1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY (FEB 2002)

ALTERNATE I

NFS 1852.215-84 OMBUDSMAN. (NOV 2011)

NFS 1852.228-75 MINIMUM INSURANCE COVERAGE. (OCT 1988)

NFS 1852.237-70 EMERGENCY EVACUATION PROCEDURES. (DEC 1988)

NFS 1852.237-72 ACCESS TO SENSITIVE INFORMATION. (JUN 2005)

NFS 1852.237-73 RELEASE OF SENSITIVE INFORMATION. (JUN 2005)

NFS 1852.242-72 DENIED ACCESS TO NASA FACILITIES (OCT 2015)

(End of clause)

1.1 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any NASA FAR (48 CFR Chapter 18) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

C.2 ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES. (DEC 2022)

The following clauses are incorporated in FAR Clause 52.212-4:

2.1 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this co tr ct shall be ordered by issuance of delivery orders or task orders by the individuals or activities designate in the Schedule. Such orders may be issued from March 1, 2024, through February 28, 2029.

(b) All delivery orders or task orders are s bject to terms and conditions of this contract. In the event of conflict between a delivery order or task o der and this contract, the contract shall control.

(c) A delivery order or task order is co sidered "issued" when—

(1) If sent by mail (include transmitta by U S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Governme t tr nsmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

2.2 52.216-19 ORDERING LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500 (unless ordered using the Government Purchase Card as there is no minimum order for P-Card orders), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $20,000;

(2) Any order for a combination of items in excess of $20,000; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements cla se at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government s not require to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this se tion, the C ntractor shall honor any order exceeding the maximum order limitations in paragraph (b), nless h t order (or orders) is returned to the ordering office within 5 days after issuance, with written no ce stating the Contractor’s intent not to ship the item (or items) called for and the reasons. U on re eiving this notice, the Government may acquire the supplies or services from anothe source

(End of clause)

2.3 52.216-22 INDEFIN TE QUANTIT (OCT 1995)

(a) This is an indefinite-quantity cont act for the supplies or services specified, and effective for the period stated, in the Schedule. The quan ities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after February 28, 2029.

(End of clause)

2.4 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

2.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 000)

(a) The Government may extend the term of this contract y writt n notice to the Contractor within 30 days;

provided that the Government gives the Contractor a prelimina y ritten notice of its intent to extend at least 45 days before the contract expires. The preliminary noti e does not c mmit the Government to an extension.

(b) If the Government exercises this option, the extend d con t shall be considered to include this option clause.

(c) The total duration of this contract, inclu ing the exe ise of any options under this clause, shall not exceed 5 years.

(End o clause)

(End of 52.212-4)

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES SE 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial servic :

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Go ernment (Jun 20 0), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

(2) 52.203-13, Contractor Code of Business Ethics and Condu t (Nov 2021) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under th American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (A plies to cont cts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Co pensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-

282) ( 31 U.S.C. 6101 note)

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

(8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of

Pub. L. 117-328).

(9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

(10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41

U.S.C. 2313).

(11) [Reserved].

(12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

(13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(14) [Reserved]

(15)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-6.

(16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 20 0) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-7.

(17) 52.219-8, Utilization of Small Business Concerns (Sep 2 23) (15 U.S.C. 637(d)(2) and (3)).

(18)(i) 52.219-9, Small Business Subcontracting P n (Se 023) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) f 52 219-9

(iv) Alternate III (Jun 202 ) of 52.219 9.

(v) Alternate IV (Sep 2023) of 52.219-9.

(19)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

(20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

(21) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C.

657f).

(23)(i) 52.219-28, Post Award Small Business Program Representation (Sep 2023)(15 U.S.C. 632(a)(2)).

(ii) Alternate I (Mar 2020) of…