Draft_RFP_NNC16ZCH013R.docx

NNC16ZCH013R

National Aeronautics and Space Administration John H. Glenn Research Center Lewis Field Cleveland, OH 44135-3191

December 7, 2016

September 14, 2016

TO: Prospective Offerors

FROM: NASA Glenn Research Center Institutional Services Branch / CHC

SUBJECT: DRAFT Request for Proposals (DRFP), NNC16ZCH013R, Protective Services at the NASA Glenn Research Center, Cleveland Ohio

Enclosed is the DRAFT Request for Proposals (DRFP), including DRAFT Performance Work Statement (PWS), for the subject procurement. Please note that all documents, including attachments, are draft documents and subject to change prior to release of the final RFP. The North American Industry Classification System (NAICS) code for this acquisition is 561612, Security Guards and Patrol Services, with a Size Standard of $20.5M. This acquisition will be processed utilizing 100% Small Business Set-Aside for Service Disabled Veteran Owned Small Businesses (SDVOSB).

The Government asks all interested parties to review and provide comments. Comments will be considered by the Government for the final RFP. This is the DRAFT RFP; therefore, the Government is soliciting feedback from industry. Specifically, information is requested in the following areas:

· Are page limits adequate?

· Are there any contract clauses or provisions that raise concern?

· Are there any requirements (either in the DRFP or PWS) that are unclear or overly constraining?

Be advised that NASA Glenn Research Center (GRC) is hosting an Industry Day for the Protective Services procurement on December 14, 2016 at 9:00 am EST, in the Administration Building (Building 162) of NASA GRC at Lewis Field in Cleveland, Ohio (Please see the attached Registration Form in this announcement for additional information.

Additionally, offerors will note there are sections of the DRFP that contain “To Be Determined” or “TBD” fields. These “To Be Determined” or “TBD” fields will be completed prior to the final RFP and are included for informational purposes.

All Inquiries concerning this DRFP should be directed to the undersigned via email at james.r.griffin@nasa.gov (please put Solicitation number NNC16ZCH013R in the subject line of email).

Thank you for your interest in this procurement.

Jim Griffin Contracting Officer

RATING

|X| NEGOTIATED (RFP)

NASA Glenn Research Center c/o Jim Griffin 21000 Brookpark Road Mail Stop 60-1 Cleveland, Ohio 44135

NOTE: In sealed bid solicitations “offer” and “Offeror” mean “bid” and “bidder”

SOLICITATION

9. Sealed offers in original and (See Section L.8) copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand-carried, in the depository located in (See Section L.8) 1:00 p.m. local time, on TBD.

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L,. Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation. FINAL QUESTIONS for this RFP MUST BE RECIVED NO LATER THAN TBD to receive an answer.

10. FOR

INFORMATION

CALL:

11. TABLE OF CONTENTS

OTHER STATEMENTS OF OFFERORS

OFFER (Must be fully completed by Offeror)

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

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

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, clause No. 52-232-8)

ADDRESS OF

OFFER (Type or print)

AWARD (To be completed by Government)

(4 copies unless otherwise specified)

ITEM

Griffin, James

(Signature of Contracting Officer)

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

NSN 7540-01-152-8064

PEVIOUS EDITION NOT USABLE

Prescribed by GSA

PART I – THE SCHEDULE

SECTION B -- SUPPLIES OR SERVICES AND PRICES

B.1 Supplies and/or Services To Be Provided The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver and/or perform in accordance with Section C /Specifications/Performance Work Statement.

B.2 1852.216-78 Firm Fixed Price (DEC 1988)

(a) The firm fixed-price (FFP) of this contract is indicated below:

(b) The total of all firm-fixed price tasks orders issued under this contract shall not exceed a maximum of $TBD during the life of the contract.

ITEM

NO.

DESCRIPTION OF SERVICES

QTY

UNIT

UNIT

PRICE

TOTAL

AMOUNT

Provide all supervision, personnel, supplies, and equipment necessary to perform protective services for GRC in accordance with the Performance Work Statement (PWS) as set forth at Section C and all terms and conditions contained herein.

Days

FFP

Provide all supervision, personnel, supplies, and equipment necessary to perform protective services for GRC in accordance with the Performance Work Statement (PWS) as set forth at Section C and all terms and conditions contained herein.

Months

Provide all supervision, personnel, supplies, and equipment necessary to perform protective services for GRC in accordance with the Performance Work Statement (PWS) as set forth at Section C and all terms and conditions contained herein.

Provide all supervision, personnel, supplies, and equipment necessary to perform protective services for GRC in accordance with the Performance Work Statement (PWS) as set forth at Section C and all terms and conditions contained herein.

SUM OF TOTAL AMOUNTS -- PHASE-IN, BASE, OPTIONS

Indefinite Delivery, Indefinite Quantify (IDIQ) services and supplies in accordance with the PWS and priced in accordance with Clause B.3.

Lot

Lot

$ 650,000.00 Total Maximum Value over potential 5-Year period of performance)

B.3 Indefinite Delivery Indefinite Quantity (IDIQ) Task Order Support (CLIN 0007)

(a). The Government anticipates that during the life of the contract, additional requirements, which are within the general scope of this contract, but not specifically identified under the firm-fixed price portion of the contract, will be required in support of NASA’s mission. To accomplish these additional requirements, the Government will issue task orders on a Firm-Fixed Price basis for the ordering of these services and supplies. Task Orders shall be priced in accordance with the schedule below, unless otherwise negotiated and approved by the CO.

(b) The minimum quantity of work required under CLIN 0005 is $0. There will be no further obligation on the part of the Government to issue any Task Orders. The total maximum value of CLIN 0005 is $650,000.00 for the five-year period of performance, unless extended via the Option to Extend Services clause of this contract.

PRE-PRICED SCHEDULE OF RATES FOR IDIQ SERVICES

“Fully burdened” fixed hourly rates for regular time are applicable to the PWS and are to be used for establishing the Firm-Fixed Price amount for task orders.

Note: “Fully Burdened” includes all applicable direct and indirect costs such as leave, fringes, management, administration, purchasing, facility expense, and profit/fee.

FULLY-BURDENED LABOR RATE (FIXED PRICE)

Labor Categories:

Base Period

Option 1

Option 2

Option 3

Option 4

1. Security Officer (Armed)

2. Locksmith ‘

Additional Labor Categories As Proposed by Offeror:

3.

4.

5.

B.4 1852.232-77 Limitation of Funds (Fixed-Price Contract) (MAR 1989)

(2) If funds allotted are considered by the Contractor to be inadequate to cover the work to be performed until that date, or an agreed date substituted for it, the Contractor shall notify the Contracting Officer in writing when within the next 60 days the work will reach a point at which, if the contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause will approximate 75 percent of the total amount then allotted to the contract.

(3) (i) The notice shall state the estimate when the point referred to in paragraph (c) (2) of this clause will be reached and the estimated amount of additional funds required to continue performance to the date specified in paragraph (c) (1) of this clause, or an agreed date substituted for it.

(ii) The Contractor shall, 60 days in advance of the date specified in paragraph (c) (1) of this clause, or an agreed date substituted for it, advise the Contracting Officer in writing as to the estimated amount of additional funds required for the timely performance of the contract for a further period as may be specified in the contract or otherwise agreed to by the parties.

(4) If, after the notification referred to in paragraph (c) (3) (ii) of this clause, additional funds are not allotted by the date specified in paragraph (c) (1) of this clause, or an agreed date substituted for it, the Contracting Officer shall, upon the Contractor's written request, terminate this contract on that date or on the date set forth in the request, whichever is later, pursuant to the Termination for Convenience of the Government clause.

END OF SECTION

SECTION C -- DESCRIPTION/SPECIFICATIONS/Performance Work Statement

C.1 Specifications/Performance Work Statement

The Contractor shall provide the item or services specified in Section B in accordance with the Performance Work Statement (Attachment J-1).

SECTION D -- PACKAGING AND MARKING

D.1 Clauses Incorporated by Reference

The following contract clause(s)/provisions are incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses contained in clause 52.252-2, Clauses Incorporated by Reference, of this contract.

Federal Acquisition Regulation (FAR) [48 CFR Chapter 1] Provisions:

D.2 1852.245-74 Identification & Marking of Government Equipment (JAN 2011)

(a) The Contractor shall identify all equipment to be delivered to the Government using NASA Technical Handbook (NASA-HDBK) 6003, Application of Data Matrix Identification Symbols to Aerospace Parts Using Direct Part Marking Methods/Techniques, and NASA Standard (NASA-STD) 6002, Applying Data Matrix Identification Symbols on Aerospace Parts or through the use of commercial marking techniques that: (1) are sufficiently durable to remain intact through the typical lifespan of the property: and, (2) contain the data and data format required by the standards.

This requirement includes deliverable equipment listed in the schedule and other equipment when no longer required for contract performance and NASA directs physical transfer to NASA or a third party. The Contractor shall identify property in machine and human readable form unless the use of a machine readable-only format is approved by the NASA Industrial Property Officer.

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

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

(1) Item Description.

(2) Unique Identification Number (License Tag).

(3) Unit Price.

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

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

(1) Date originally placed in service.

(2) Item condition.

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

grc-contracts@mail.nasa.gov

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

SECTION E -- INSPECTION AND ACCEPTANCE

E.1 Clauses Incorporated by Reference

The following contract clause(s)/provisions are incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses contained in clause 52.252-2, Clauses Incorporated by Reference, of this contract.

Federal Acquisition Regulation (FAR) [48 CFR Chapter 1] Provisions:

E.2 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 NASA Glenn Research Center and other places of performance or delivery of work required under this contract.

E.3 GRC 52.246-92 Inspection and Acceptance (JAN 1987)

Final inspection and acceptance of all work performed under this contract, including all deliverable items will be performed at destination.

SECTION F -- DELIVERIES OR PERFORMANCE

F.1 Clauses Incorporated by Reference

The following contract clause(s)/provisions are incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses contained in clause 52.252-2, Clauses Incorporated by Reference, of this contract.

Federal Acquisition Regulation (FAR) [48 CFR Chapter 1] Provisions:

F.2 Period of Performance – Basic and Options

The initial period of performance (not including any phase-in) shall be for a period of 22 months. The subsequent period, if any, shall be one 24-month option and one 12-month option exercised by the unilateral issuance of a contract modification by the Contracting Officer. If the Government requires performance of services after the initial contract period, notification to the contractor of such requirement shall be in accordance with the clause 52.217-9 entitled "Option to Extend the Term of the Contract." The maximum period shall normally not exceed 5 years.

F.3 Place of Performance – Services

The services to be performed under this contact shall primarily be performed at the following location(s): NASA Glenn Research Center at Lewis Field in Cleveland, Ohio and Plum Brook Station in Sandusky, Ohio, or other location as directed by the Government.

SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 Clauses Incorporated by Reference

The following contract clause(s)/provisions are incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses contained in clause 52.252-2, Clauses Incorporated by Reference, of this contract.

Federal Acquisition Regulation (FAR) [48 CFR Chapter 1] Provisions:

G.2 Invoice Payments

(a) In accordance with the contract clause entitled Payments (FAR 52.232-1), payment will be made by the Government to the Contractor no more than monthly based on receipt of a proper invoice and satisfactory contract performance. The Contractor shall invoice for 12 equal payments of the total Firm Fixed-Price for the contract period. The Contractor shall invoice for IDIQ work at the completion and after work is accepted by the Government.

(b) A proper invoice is defined as containing the following information:

(1) Contract/Task Number,

(2) Name and address of Contractor,

(3) Invoice date,

(4) Invoice number and Taxpayer Identification Number,

(5) CLIN, quantity, unit of measure, unit price and extended price for services performed;

(6) Total amount due, per CLIN

(7) Name and title of signer, signature and date;

(d) All invoices marked either “Interim” or “Final” as appropriate, shall be sent directly to the Payment Office at the following address:

NASA Shared Services Center Financial Management Division (FMD) Accounts Payable Building 1111, C. Road Stennis Space Center, MS 39529 Email: NSSC-AccountsPayable@nasa.gov

**Electronic submission is preferred but not required.

(d) All payments will be made by electronic funds transfer. Payment will be forwarded to the financial institution and account identified in the Standard Form 3881 executed by the Contractor.

G.3 Technical Direction

(a) Performance of the work under this contract is subject to the written technical direction of the Contracting Officer Technical Representative (COTR), who shall be specifically appointed by the Contracting Officer in writing in accordance with NASA FAR Supplement 1842.270. "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.

(b) The COTR does not have the authority to, and shall 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 estimated contract cost, the fixed fee (if any), 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) All technical direction shall be issued in writing by the COTR.

(d) The Contractor shall proceed promptly with the performance of technical direction duly issued by the COTR in the manner prescribed by this clause and within the COTR's authority. If, in the Contractor's opinion, any instruction or direction by the COTR 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 shall 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 COTR shall be at the Contractor's risk.

G.4 1852.245-71 Installation-Accountable Government Property (JAN 2011)

(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:

(1) NASA Procedural Requirements (NPR) 4100.1, NASA Materials Inventory Management Manual;

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

(3) NASA Procedural Requirement (NPR) 4300.1, NASA Personal Property Disposal Procedural Requirements;

(4) Notify the cognizant property custodian, Contracting Officer’s Representative (COR), and the Installation Security Officer immediately if theft of Government property is suspected or property cannot be located

(5) Identify Government property equipment that is no longer considered necessary for performance of the contract.

(6) Ensure that equipment is turned in to the Property Disposal Officer through the cognizant property custodian when no longer needed. This is the only acceptable procedure for disposal of Government property.

(7) Do not relocate Government property within Government premises or remove Government property from Government premises without written approval.

(8) Ensure that Government property, including property leased to the Government, is used only for the purposes of performing the contract.

(9) Ensure that Government property is protected and conserved.

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.

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.

(b)(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 Attachment B.

(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.

___X_ (4) Routine Office Supplies from stores stock.

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

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

____ (7) Installation service facilities: NASA Glenn Research Center at Lewis Field in Cleveland, Ohio and Plum Brook Station in Sandusky, Ohio, or other location as directed by the Government. IT Services through the Agency Consolidated End-user Services (ACES) contract.

__X__ (8) Medical treatment of a first-aid nature for Contractor personnel injuries or illnesses sustained during on-site duty. (Section H.5) __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.

(End of clause)

G.5 Government Provided Information

Upon contract award Contractor will have access to current Standard Operating Procedures.

G.6 1852.245-76 List of Government Property Furnished Pursuant to FAR 52.245–1 (JAN 2011)

For performance of work under this contract, the Government will make available Government property identified in Attachment J-2 and Appendix G of the PWS. The Contractor shall use this property in the performance of this contract at GRC and at other location(s) as may be approved by the Contracting Officer. Under FAR 52.245-1, the Contractor is accountable for the identified property.

(End of clause)

G.7 1852.245-82 Occupancy Management Requirements (JAN 2011)

(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 Property Management.

(2) NPR 8831.2, Facility Maintenance Management.

(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.

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 Clauses Incorporated by Reference

The following contract clause(s)/provisions are incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses contained in clause 52.252-2, Clauses Incorporated by Reference, of this contract.

Federal Acquisition Regulation (FAR) [48 CFR Chapter 1] Provisions:

H.2 Contract Breaches and Discrepancies

The Government reserves the right to impose a price deduction for contract breaches and discrepancies. The following methods will be used by the Government to determine any breaches and discrepancies: physical surveillance, monitoring of contract requirements, and customer reports and input.

(a) Major Breaches

A Major Breach is defined in accordance with NFS 1852.223-75, Major Breach of Safety or Security (FEB 2002).

The deduction for a Major Breach is up to $250,000.00 for each offense.

(b) Discrepancies

A Discrepancy is an act or omission of the Contractor that consists of a minor accident, incident, or exposure resulting in a minor injury or, damage to equipment or property.

The deduction for a Discrepancy is up to $10,000.00 for each offense.

H.3 Deduction Schedule

The Government has identified several key areas that will be monitored and addressed in accordance with a Deduction Schedule below. Violations of certain metrics, defined in the Deduction Schedule by the Contractor may result in financial penalties and/or the entry of written reprimands in the Government’s Past Performance database.

The Government reserves the right to deduct from monthly invoices or the final payment an amount as indicated for non-satisfactory performance of work.

Deductive amounts are not negotiable

Table 0.1: Deduction Schedule Deduction Schedule

Non-satisfactory work performance is considered to be performance that does not comply with the contract terms and conditions as outlined below. The CO will document any Government findings and notify the contractor of such findings within 3 days of observation. Contractor shall acknowledge receipt of this notice.

The monetary reduction will be itemized and applied to the appropriate monthly invoice for the non-conforming services. Government findings of non-conforming services shall be tracked and reported at the periodic Contractor/Government reviews.

The Contractor may request reconsideration of a Government finding of non-conformance by requesting the Contracting Officer reconsider the action and providing rational to support their position. The reconsideration request must be received by the CO within 5 days of the contractor receiving a notice of non-conformance. Appeals must be adequately supported with information to justify how extended periods of nonproductive time conform to the requirements of the contract.

If the contractor does not accept the CO final determination, such disagreements may be handled in accordance with FAR 52.233-1 Disputes.

H.4. GRC 52.209-90 CONTRACTORS' DUTIES AND RESPONSIBILITIES ON-SITE

(JUNE 2011)

(a) BADGES Contractor personnel having a need to enter areas of the Glenn Research Center or Plum Brook Station shall have an identification badge or pass. This badge or pass shall be obtained at the entrance of the Glenn Research Center or Plum Brook Station.

(1) Resident Contractors (employees with picture badges)

(i) The contractor's on-site supervisor will notify the Main Gate Badge Clerk at PABX 3-2206 when a new employee is reporting to work. The Badge Clerk will give the contractor's on-site supervisor specific instructions as to how the new employee will be badged, photographed, fingerprinted, etc.

(ii) Badge requirements are as follows (timeframes are calculated by the number of days employee will be here within a 365 day period):

1 to 14 days: Visitor Pass - For visitors, please access the Security web page at https//security.grc.nasa.gov to complete the on-line visitor notification form. For temporary construction and service personnel please follow instructions in paragraph a)(2) below.

15 - 179 days: Temporary Badge - Employee will be required to undergo an NCIC check via the National Crime Information Center.

180 days +: Permanent Badge - For permanent employees, all HSPD-12 requirements must be adhered to. Access the Security Web page at https//security.grc.nasa.gov for instructions.

For permanent badges, the contractor is required to complete and send the following forms to the Security Management and Safeguards Office:

Position Risk Designation for Non-NASA Employee, NASA Form 1760 Position Risk Designation Cover Sheet, NASA-C-1760.

It is recommended that the contractor complete the new hire process at least ten work days prior to the employees start date.

(iii) When an employee terminates and/or resigns employment, the contractor shall issue to the employee NASA Form C-10087, Non-NASA Separation Clearance Record. The contractor shall be responsible for making an inquiry of all offices listed on the form to see if the employee has any outstanding Government items. The employee shall then take this form to all offices that list he/she as having outstanding items. The employee's last stop is for the return of their Government issued I.D. badge. The contractor is also required to send a notice to the Grc-Ssc-Separations@Lists.Nasa.Gov within 1 day of employees' separation.

(iv) Contractor shall ensure that the terminated and/or resigned employee has returned his/her badge to the Main Gate Badge Clerk. Final clearance of a Contractor upon completion of a contract will depend in part upon accounting for all badges issued to employees during the performance of the contract. Security badges are Government property and any alteration or misuse of these badges may be prosecuted as a violation of Section 499, Title 18, U.S. Code.

(2) Non-Resident Contractors (employees with non-picture badges)

Badge requirements are as follows (timeframes are calculated by the number of days employee will be here within a 365 day period):

1 - 14 days: Temporary Badge (paper) - Employee will be required to complete a Badge Application (NASA-C-969a) and an NCIC check will be conducted via the National Crime Information Center.

15 - 179 days: Temporary Badge (hard plastic) - Employee will be required to complete a Badge Application (NASA-C-969a) and an NCIC check will be conducted via the National Crime Information Center.

For employees who will be on-site more than 180 days within a 365 day timeframe please refer to paragraph (a)(1) above.

The Contractor's on-site manager shall comply with the Badge and Property Regulations (NASA Form C-421), a copy of which will be given to the Contractor's supervisors at the time of the Construction Site Showing. The Badge and Property Regulations are identified below:

(i) Ensure that, for badging purposes, each contractor employee is in possession of NASA Form C-9975, Construction Contractor Registration & ID Badge, prior to reporting to work. Employees not in possession of the above mentioned form will be delayed at the gate until such time as the contractor supervisor/foreman or his representative reports to the Main Gate with the appropriate paperwork for badging.

(ii) Report lost badges immediately.

(iii) Upon termination of duties, each employee's badge will be collected and returned to the Main Gate by the Contractor. Final clearance of a Contractor upon completion of a contract will depend in part upon the accounting for all badges issued to employees during the performance of the contract. Security badges are Government property and any alteration or misuse of these badges may be prosecuted as a violation of Section 499, Title 18, U.S. Code.

(b) PERSONNEL LOCATION AND IDENTIFICATION The Contractor shall:

(1) Ensure that office space occupied by its personnel is clearly labeled with the name of the company.

(2) Ensure, to the extent practicable, that external correspondence signed by its personnel is on company letterhead. Internal correspondence, including e-mail and memoranda, must include the name of the company in the signature line or in another clearly identifiable location.

(3) Ensure that its onsite personnel, when receiving or placing telephone calls, identify their employer, in addition to whatever other appropriate greeting is used.

(4) When participating in meetings with Government and/or other contractor personnel, ensure that its personnel properly identify themselves as contractor employees so that their actions will not be construed as acts of Government officials.

(c) EMERGENCY PREPAREDNESS

(1) Emergencies are defined as incidents involving serious personal injury or damage, incidents that cause possible hazardous conditions, or incidents that require immediate attention of the Plant Protection Department or Security. The Contractor shall ensure that its employees are informed that Emergency, Fire, Medical, Safety, and Security assistance can be summoned by Dialing "911" on the Center's PABX telephone system.

(2) For incidents not classified as an emergency, contractor personnel shall be instructed to immediately notify the Contracting Officer's Technical Representative (COTR) (rather than dialing "911").

(3) In the event of any accident investigation activity, the contactor shall cooperate fully with the Government Accident Investigator and the Center Accident Investigation Board. This cooperation shall include interviews at the accident site and/or at a Board meeting.

(4) The Contractor shall provide written guidance to its employees in the event of an emergency, an incident other than an emergency, a Center closure, a building closure, a fire alarm, or tornado alarm. The Contractor is encouraged to include in this guidance pre-established instructions, when feasible, to employees such that unnecessary delays and confusion may be avoided by employees who may otherwise be awaiting management instructions. For example, the Contractor is encouraged to address what actions employees should immediately take in the event of fire, building closure, Center closure (i.e. late Center opening or early center dismissal) for snow or other causes.

(d) TRAFFIC The Contractor agrees to comply, and agrees to require that all of its personnel will comply with all posted traffic signs, signals and instructions of personnel assigned for traffic control and parking purposes and with the provisions of the NASA Glenn Research Center Safety Manual (GLM-QSA-1700.1), Chapter 19, Vehicle & Pedestrian Safety, incorporated herein by reference and made a part hereof.

(e) PROHIBITION OF FIREARMS Firearms or weapons of any kind are strictly prohibited at the Glenn Research Center.

(f) SECURITY INCIDENTS Theft of Property, Bomb threats, malicious damage and any other threat or violent situations shall be immediately reported to the Security Management and Safeguards Office.

(g) AFTER-HOUR ACCESS During normal working hours, 6:00 a.m. to 6:00 p.m. Monday through Friday, the guards at the gates will permit contractor entrance and departure. At any other time, advance clearance is required. Advance clearance may be obtained through the Glenn/Plum Brook COTR, who will make the request to the Main Gate Officer (PABX 3-2204 at Glenn and 3-3221 at Plum Brook). After-hour clearances, as approved by the COTR, are certification to the guards as authority for admittance of a contractor during off hours, including Saturdays, Sundays, and Holidays. This procedure ONLY applies to temporary contractors who are on-site at Glenn for 1 - 179 days within 365 day timeframe and are issued temporary badges(non-smartcard credentials) NOTE: Per Plum Brook management ALL Plum Brook Station employees are required to follow the after-hour access procedures.

(h) FOREIGN TRAVEL Contractors providing service support to GRC programs that require travel to a Foreign Country must request a defensive counterintelligence travel briefing from the GRC Counterintelligence Office at least 2 weeks prior to travel. Only approved and sanitized Information Technology (IT) devices including laptops, flash drives, thumb drives, memory sticks, smart phones or PDA's will be authorized to be taken on travel. Approval must be obtained from the GRC Information Technology Security Manager for any IT device to be transported outside the US.