MLI_RFP.doc

SOLICITATION, OFFER AND AWARD

1.

THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350)

DO-C9

PAGE

SEALED BID (IFB)

X NEGOTIATED (RFP)

NASA Glenn Research Center

Attn: Ernest C. Mensurati, MS 60-1 21000 Brookpark Road

Cleveland, OH 44135 See Section L.6 of the RFP

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

SOLICITATION

9. Sealed offers in original and copies (Refer to Section L.9) for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8. 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.

10. FOR

INFORMATION

11. TABLE OF CONTENTS

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

OTHER STATEMENTS OF OFFERORS

FORMCHECKBOX

FORMCHECKBOX

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)

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14.

ACKNOWLEDGMENT OF AMENDMENTS (The offeror

15.

NAME AND

NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

ADDRESS OF

OFFER (Type or print)

SUCH ADDRESS IN SCHEDULE

AWARD (To be completed by Government)

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

FORMCHECKBOX

10 U.S.C. 2304(c) ( )

FORMCHECKBOX

41 U.S.C. 253(c) ( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN:

(4 copies unless otherwise specified)

Ernest C. Mensurati

(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

PREVIOUS EDITION NOT USABLE

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

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

[BCDE]B.1

SCOPE OF WORK

The Contractor shall provide all resources (except as may be expressly stated in this contract as furnished by the Government) necessary to perform the requirements delineated in the Specifications/Statement of Work incorporated in Sections C and J, to design, fabricate, and install Large Scale Multi-Layer Insulation (MLI) Blankets for Exploration Missions.

[BCDE]B.2

ESTIMATED COSTS AND FIXED FEE

The total estimated costs, fixed fee, and estimated total amount of the contract are as follows:

Amount of Contract

Option 1:

Option 2:

[BCDE]B.3

CONTRACT FUNDING (NFS 1852.232-81) (JUN 1990)

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

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

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

[CCDE]C.1

STATEMENT OF WORK

The Statement of work is listed in Section J as Attachment A.

SECTION D - PACKAGING AND MARKING

[DCDE]D.1

LISTING OF CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE

NUMBER DATE TITLE

None included by reference.

II. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES

CLAUSE

NUMBER DATE TITLE

[DCDE]D.2

MARKING INSTRUCTIONS

(a) The Contractor shall mark each shipment, unless otherwise noted, with the following address:

NASA Glenn Research Center 21000 Brookpark Road Cleveland, OH 44135 Receiving, (Attn: F. David Koci, MS 86-12)

(b) In addition, the contract number and the number of each container in the shipment shall be marked in consecutive order, beginning with No. 1, on the opposite side of each container.

(c) Each container shall include a packing list.

SECTION E - INSPECTION AND ACCEPTANCE

[ECDE]E.1

LISTING OF CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE

NUMBER DATE TITLE

II. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES

CLAUSE

NUMBER DATE TITLE

None included by reference.

[ECDE]E.2

[ECDEMATERIAL INSPECTION AND RECEIVING REPORT (NFS 1852.246-72) (APR 2015)

(a) At the time of each delivery to the Government under this contract, the Contractor shall furnish a Material Inspection and Receiving Report (DD Form 250 series) prepared in triplicate, an original and two (2) copies.

(b) The Contractor shall prepare the DD Form 250 in accordance with NASA FAR Supplement 1846.6. The Contractor shall enclose the copies of the DD Form 250 in the package or seal them in a waterproof envelope, which shall be securely attached to the exterior of the package in the most protected location.

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

[ECDE]E.3

[ECDE]INSPECTION AND ACCEPTANCE

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

[FCDE]F.1

LISTING OF CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE

NUMBER DATE TITLE

NUMBER DATE TITLE

None included by reference.

[FCDE]F.2

PERIOD OF PERFORMANCE - WITH REPORTS

The period of performance for the technical effort required under this contract is 50 months from the effective date of this contract. Options 1 and/or 2 if exercised, will be completed in conjunction with the baseline, and should not affect the completion date.

[FCDE]F.3

NASA CONTRACTOR FINANCIAL REPORTING – Supplemental Requirements (NOV 2012) GRC 52.242-96

(a) The following reporting requirements are associated with those stated in the NASA Contractor Financial Management Reporting clause (1852.242-73) of this contract, and NPR 9501.2, NASA Contractor Financial Management Reporting. NPR 9501.2 may be accessed through the NODIS Library at http://nodis3.gsfc.nasa.gov/.

(1) Approved Contract Baseline

(i) Within thirty (30) working days after the contract effective date, the Contractor shall provide a summary page(s) to the Contracting Officer (CO) and Contracting Officer’s Representative (COR), showing each reporting category as budgeted on a month-by-month basis for the duration of the work effort (Optional work efforts shall be separately summarized and Fiscal Years shall be subtotaled).

(ii) The corresponding monthly amounts on this summary shall be the amounts appearing in the “Planned” columns (7b and 7d) of each month’s NF 533 as reported during the duration of the work effort.

(iii) The following cost categories are required to appear in the “Contract Value” column (9b) of the NF 533. No amounts shall accrue against any cost category not listed herein, unless authorized in writing by the CO (Email is sufficient). Variations in format or organization are authorized, as long as they conform to the contract reporting requirements.

Direct Labor Hours

Direct Labor Dollars

Labor Overhead/Fringe Dollars

Material Dollars

Material Overhead Dollars

Other Direct Cost Dollars

- Travel

- Freight

- Equipment

- Training

Subcontract Dollars

Other Indirect Dollars

G&A Dollars

COM Dollars

Fee Dollars

Total Cost Plus Fee

(iv) In the event of a revision to the work effort, the Contractor shall provide a revised month-by-month summary within 15 working days after the revision is approved.

(2) Monthly and Quarterly NF 533 Reports

(i) The Contractor shall submit the following financial reports:

(A) NF 533M (Monthly Contractor Financial Management Report)

(ii) Upon written request, the CO may authorize an alternative format that provides substantially the same level of detail as the required NF 533(s), but is more compatible with the Contractor's standard accounting/reporting format.

(iii) The report(s) shall be prepared in accordance with the instructions contained in contract clause 1852.242-73 and NPR 9501.2, and on the reverse of the forms. Additionally, any contract requirements identified as Capital Assets have special reporting requirements, which are specified in the “Capital Asset Acquisition” clause of this contract. Column 7b Cost Incurred/Hours Worked During Month Planned and 7d Cost Incurred/Hours Worked Cum. to Date Planned of the NF 533 M represent the negotiated baseline plan plus authorized changes for the contract. There may not be a direct relationship between the estimates provided in section 8 (Estimated Cost/Hours to Complete) of the NF 533 M and columns 7b and 7d. Columns 7b and 7d represent the negotiated baseline plan plus authorized changes, unlike the estimates provided in columns 8a, 8b, and 8c. Data in section 8 should not be simply a restatement of the baseline values.

(iv) The cost categories for the monthly reports are the same as those specified in paragraph (a)(1)(iii) above.

(v) The Contractor shall provide a narrative explanation for any variance listed in the table below that exceeds the listed threshold. The explanation shall be provided as a footnote on the NF 533 report page, or included in a variance explanation table attached to the NF 533 report, and shall be detailed by cost category. The explanation shall include the cause of the variance, its impact on contract completion within the estimated cost, and the corrective action taken or proposed to be taken by the Contractor.

VARIANCE REPORTING REQUIREMENTS

(Additional variance reporting requirements may be added at the discretion of the Contracting Officer)

(vi) IF THIS IS A TASK ORDER CONTRACT:

(A) The Contractor shall submit one set of monthly reports that summarize the entire contract at the Task Order Level (total hours/dollars per Task Order), and monthly reports showing cost detailed by the individual cost categories identified in paragraph (a)(1)(iii) above, for each active Task Order and for the total contract effort.

(B) If the contract includes identified capital asset expenditures, each capital asset shall be reported on its own report page. The level of reporting detail for capital assets shall be equal to the separate reporting for Task Orders under the contract.

(vii) Report periods and submittal dates shall be in accordance with the instructions contained in NPR 9501.2. All reports shall include the signature of the Contractor party responsible for the information on the reports.

(viii) Reports shall be submitted electronically and/or in hardcopy format, in the number of copies, and to the individuals/areas indicated below:

E = Electronic

H = Hard copy

Ernest.c.mensurati@nasa.gov

f.d.koci@nasa.gov

Grc-financemail@nasa.gov

(ix) Late, Inaccurate, or Incomplete Reports may result in the following penalties:

(A) Payment withheld until compliance is demonstrated,

(B) Negative Contractor Performance Assessment ratings, and/or

(C) Reduction in award fee.

(b) The following reporting requirements are in addition to those stated in the NASA Contractor Financial Management Reporting clause (1852.242-73) of this contract, and NPR 9501.2, NASA Contractor Financial Management Reporting.

(1) Contractor Headcount Reports

(i) Each fiscal year quarter (December 31, March 31, June 30 and September 30), the contractor shall prepare a report that shows, for each reporting category that includes labor costs, the total onboard headcount (including WYEs) by labor category. Program management staff shall be listed separately. The headcount is total staffing including recurring subcontract support included as direct labor in the NF533.

(ii) The report shall be prepared in the sample format provided in Attachment ___ , Contractor Headcount Report, to this contract.

(iii) The report shall be submitted electronically to the CO no later than fifteen (15) work days after the close of the fiscal year quarter end date.

(2) Contractor Accounting Calendar

(i) The contractor shall prepare an accounting calendar for the life of the contract (base period plus all option periods) .

(ii) The accounting calendar shall include the data categories shown in Attachment ___, Sample Contractor Accounting Calendar, to this contract.

(iii) The accounting calendar shall be submitted electronically to the CO within fifteen (15) working days after the contract effective date.

SECTION G - CONTRACT ADMINISTRATION DATA

[GCDE]G.1

LISTING OF CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE

NUMBER DATE TITLE

None included by reference.

II. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES

CLAUSE

NUMBER DATE TITLE

Not applicable to small business.

Not applicable under $1,000,000 and period of performance shorter than one (1) year.

[GCDE]G.2

SUBMISSION OF VOUCHERS FOR PAYMENT

(a) The designated billing office for cost vouchers for purposes of the Prompt Payment clause of this contract is indicated below. Public vouchers for payment of costs shall include a reference to the number of this contract.

(b)(1)Submit interim cost vouchers directly to the NASA paying office, to the address below:

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

FAX: 866-209-5415

(c) Public vouchers for payment of fee shall be prepared similarly to the procedure in paragraph (c) of this clause, and be forwarded to:

NASA Shared Services Center (NSSC)

Financial Management Division (FMD) – Accounts Payable

Bldg. 1111, R. Road

Stennis Space Center, MS 39529

Email: NSSC-AccountsPayable@nasa.gov

FAX: 866-209-5415

This is the designated billing office for fee vouchers for purposes of the Prompt Payment clause of this contract.

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

[GCDE]G.3

DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND PATENT REPRESENTATIVE (NFS 1852.227-72) (APR 2015)

(a) For purposes of administration of the clause of this contract entitled "New Technology-Other than a Small Business Firm or Nonprofit Organization" or "Patent Rights--Ownership by the Contractor," whichever is included, the installation New Technology and Patent Representatives identified at http://prod.nais.nasa.gov/portals/pl/new_tech_pocs.html are hereby designated by the Contracting Officer to administer such clause for the appropriate installation.

(b) Disclosures of reportable items and of subject inventions, interim new technology summary reports, final new technology summary reports, utilization reports, and other reports required by the applicable “New Technology” or “Patent Rights-Ownership by the Contractor” clause, as well as any correspondence with respect to such matters, shall be directed to the New Technology Representative unless transmitted in response to correspondence or request from the Patent Representative. Inquiries or requests regarding disposition of rights, election of rights, or related matters shall be directed to the Patent Representative. This clause shall be included in any subcontract hereunder requiring a "New Technology-Other than a Small Business Firm or Nonprofit Organization" clause or "Patent Rights--Ownership by the Contractor" clause, unless otherwise authorized or directed by the Contracting Officer. The respective responsibilities and authorities of the aforementioned representatives are set forth in 1827.305-270 of the NASA FAR Supplement.

[GCDE]G.4

TECHNICAL DIRECTION (APR 2016)

(a) Performance of the work under this contract is subject to the technical direction of the Contracting Officer (CO) or the designated Contracting Officer’s Representative (COR).

(b) "Technical direction" means a directive to the Contractor that provides clarification of the contract’s general description of the scope of work, to include approaches, solutions, designs, refinements or shifts within tasks, or inquiries related to the general tasks and requirements in the statement of work or specifications.

(c) Technical Direction does not include any instruction that--

(1) Constitutes an assignment of additional work outside the statement of work (i.e. “new work”;

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

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

(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.

(6) Changes any performance-based requirement.

(d) All technical direction will be issued in writing by the CO or the designated COR.

(e) The Contractor shall proceed promptly with the performance of technical direction issued by the CO or COR, unless, in the Contractor's opinion, any instruction or direction falls within any of the categories defined in paragraph (c) of this clause. In the latter event, the Contractor shall not proceed but shall within 5 working days notify the CO in writing of the basis for its opinion. Within 30 calendar days of receiving this notification, the CO will either amend the technical direction, request a proposal for an amendment to the contract or Task Order, advise the Contractor in writing that the technical direction is considered to be within the limits of this clause and that the Contractor should proceed promptly with its performance, or rescind the technical direction in its entirety.

(f) A failure of the Contractor and CO 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.

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

[GCDE]G.5

FINANCIAL REPORTING OF NASA PROPERTY IN THE CUSTODY OF CONTRACTORS (NFS 1852.245-73) (JAN 2011)

(a) The Contractor shall submit annually a NASA Form (NF) 1018, NASA Property in the Custody of Contractors, in accordance this clause, the instructions on the form and NFS subpart 1845.71, and any supplemental instructions for the current reporting period issued by NASA.

(b)(1) Subcontractor use of NF 1018 is not required by this clause; however, the Contractor shall include data on property in the possession of subcontractors in the annual NF 1018.

(2) The Contractor shall mail the original signed NF 1018 directly to the cognizant

NASA Center Deputy Chief Financial Officer, Finance, unless the Contractor uses the NF 1018 Electronic Submission System (NESS) for report preparation and submission.

(3) One copy shall be submitted (through the Department of Defense (DOD) Property Administrator if contract administration has been delegated to DOD) to the following address: [Insert name and address of appropriate NASA Center office.], unless the Contractor uses the NF 1018 Electronic Submission System (NESS) for report preparation and submission.

(c)(1) The annual reporting period shall be from October 1 of each year through September 30 of the following year. The report shall be submitted in time to be received by October 15. The information contained in these reports is entered into the NASA accounting system to reflect current asset values for agency financial statement purposes. Therefore, it is essential that required reports be received no later than October 15. Some activity may be estimated for the month of September, if necessary, to ensure the NF 1018 is received when due. However, contractors’ procedures must document the process for developing these estimates based on planned activity such as planned purchases or NASA Form 533 (NF 533 Contractor Financial Management Report) cost estimates. It should be supported and documented by historical experience or other corroborating evidence, and be retained in accordance with FAR Subpart 4.7, Contractor Records Retention. Contractors shall validate the reasonableness of the estimates and associated methodology by comparing them to the actual activity once that data is available, and adjust them accordingly. In addition, differences between the estimated cost and actual cost must be adjusted during the next reporting period. Contractors shall have formal policies and procedures, which address the validation of NF 1018 data, including data from subcontractors, and the identification and timely reporting of errors. The objective of this validation is to ensure that information reported is accurate and in compliance with the NASA FAR Supplement. If errors are discovered on NF 1018 after submission, the contractor shall contact the cognizant NASA Center Industrial Property Officer (IPO) within 30 days after discovery of the error to discuss corrective action.

(2) The Contracting Officer may, in NASA’s interest, withhold payment until a reserve not exceeding $25,000 or 5 percent of the amount of the contract, whichever is less, has been set aside, if the Contractor fails to submit annual NF 1018 reports in accordance with NFS subpart 1845.71 and any supplemental instructions for the current reporting period issued by NASA. Such reserve shall be withheld until the Contracting Officer has determined that NASA has received the required reports. The withholding of any amount or the subsequent payment thereof shall not be construed as a waiver of any Government right.

(d) A final report shall be submitted within 30 days after disposition of all property subject to reporting when the contract performance period is complete in accordance with paragraph (b)(1) through (3) of this clause.

[GCDE]G.6

LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO FAR 52.245-1 (DEVIATION) (NFS 1852.245-76) (JAN 2011)

(applicable only if government property is provided)

For performance of work under this contract, the Government will make available Government property identified below or in Attachment ____TBD______ of this contract on a no-charge-for-use basis. The Contractor shall use this property in the performance of this contract at ____TBD____ and at other location(s) as may be approved by the Contracting Officer. Under the FAR 52.245 Government Property clause of this contract, the Contractor is accountable for the identified property.

[GCDE]G.7

[GCDEAPPROVALS BY THE NASA PROJECT MANAGER

(a) Unless otherwise stated in the Statement of Work (SOW), all required approvals (or disapprovals) shall be furnished by the NASA Project Manager within (See SOW Section 5.0 Data Requirements), after receipt of the data to be approved. In the event the data is disapproved, the Contractor shall make the necessary corrections and resubmit the data to the NASA Project Manager within ten (10) days after receipt of data to be corrected. The NASA Project Manager's disapproval or revision to the items submitted shall be within the general Scope of Work stated in the contract, and shall be in accordance with the "Technical Direction" clause of this contract.

(b) All requests for approval by the NASA Project Manager shall be submitted in writing by the Contractor. Simultaneously with such submission, a copy of the transmittal letter shall be furnished to the Contracting Officer.

(c) If notification of approval or disapproval is not received within the time period set forth in paragraph (a) above, the Contractor shall assume that approval has been granted.

[GCDE]G.8

CONTRACTING OFFICER'S REPRESENTATIVE (COR)

A Contracting Officer's Representative (COR) will be delegated under this contract pursuant to the clause entitled "Technical Direction". The contractor will receive a copy of this delegation at the time of award of any contract or shortly thereafter. This delegation will take place on a NASA Form 1634 and will list not only the COR delegated, but also his/her duties and responsibilities. Throughout this solicitation/contract there may be references made to a variety of different titles, including "NASA Project Manager", "NASA Technical Monitor", and "NASA Contract Monitor". Unless specifically stated otherwise, these titles all refer to the COR.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

[HCDE]H.1

LISTING OF CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE

NUMBER DATE TITLE

None included by reference.

II. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES

CLAUSE

NUMBER DATE TITLE

1852.223-73

1852.223-74

JUL 2015

NOV 2015

SAFETY AND HEALTH PLAN

DRUG- AND ALCOHOL-FREE WORKFORCE

(ALTERNATE II) (FEB 2003)

1852.237-72

1852.244-70

JUN 2005

APR 1985

ACCESS TO SENSITIVE INFORMATION

GEOGRAPHIC PARTICIPATION IN THE AEROSPACE PROGRAM

[HCDE]H.2

RESTRICTIONS ON PRINTING AND DUPLICATING (NFS 1852.208-81) (NOV 2004)

(a) The Contractor may duplicate or copy any documentation required by this contract in accordance with the provisions of the Government Printing and Binding Regulations, No. 26, S. Pub 101-9, U.S. Government Printing Office, Washington, DC, 20402, published by the Joint Committee on Printing, U.S. Congress.

(b) The Contractor shall not perform, or procure from any commercial source, any printing in connection with the performance of work under this contract. The term "printing" includes the processes of composition, platemaking, presswork, duplicating, silk screen processes, binding, microform, and the end items of such processes and equipment.

(c) The Contractor is authorized to duplicate or copy production units provided the requirement does not exceed 5,000 production units of any one page or 25,000 units in the aggregate of multiple pages. Such pages may not exceed a maximum image size of 10-3/4 by 14-1/4 inches. A "production unit" is one sheet, size 8-1/2 x 11 inches (215 x 280 mm), one side only, and one color ink.

(d) This clause does not preclude writing, editing, preparation of manuscript copy, or preparation of related illustrative material as a part of this contract, or administrative duplicating/copying (for example, necessary forms and instructional materials used by the Contractor to respond to the terms of the contract).

(e) Costs associated with printing, duplicating, or copying in excess of the limits in paragraph (c) of this clause are unallowable without prior written approval of the Contracting Officer. If the Contractor has reason to believe that any activity required in fulfillment of the contract will necessitate any printing or substantial duplicating or copying, it immediately shall provide written notice to the Contracting Officer and request approval prior to proceeding with the activity. Requests will be processed by the Contracting Officer in accordance with the provisions of the Government Printing and Binding Regulations, NFS 1808.802, and NPR 1490.5, NASA Procedural Requirements for Printing, Duplicating, and Copying Management.

(f) The Contractor shall include in each subcontract which may involve a requirement for any printing, duplicating, and copying in excess of the limits specified in paragraph (c) of this clause, a provision substantially the same as this clause, including this paragraph (f).

H.3 EXPORT LICENSES (NFS 1852.225-70) (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 through 130, and the Export

Administration Regulations (EAR), 15 CFR Parts 730 through 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 the relevant 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 this clause apply to its subcontractors.

[HCDE]H.4

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

The Contractor shall obtain and maintain insurance coverage as follows for the performance of this contract:

(a) Worker's compensation and employer's liability insurance as required by applicable Federal and state workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with the Contractor's commercial operations that it would not be practical. The employer's liability coverage shall be at least $100,000, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) Comprehensive general (bodily injury) liability insurance of at least $500,000 per occurrence.

(c) Motor vehicle liability insurance written on the comprehensive form of policy which provides for bodily injury and property damage liability covering the operation of all motor vehicles used in connection with performing the contract. Policies covering motor vehicles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury liability and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Comprehensive general and motor vehicle liability policies shall contain a provision worded as follows:

"The insurance company waives any right of subrogation against the United States of America which may arise by reason of any payment under the policy."

(e) When aircraft are used in connection with performing the contract, aircraft public and passenger liability insurance of at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

[HCDE]H.5

ADDITIONAL REPORTS OF WORK -- RESEARCH AND DEVELOPMENT (NFS 1852.235-74) (FEB 2003) In addition to the final report required under this contract, the Contractor shall submit the following report(s) to the Contracting Officer:

(a) Monthly progress reports. The Contractor shall submit separate monthly reports of all work accomplished during each month of contract performance. Reports shall be in narrative form, brief, and informal. They shall include a quantitative description of progress, an indication of any current problems that may impede performance, proposed corrective action, and a discussion of the work to be performed during the next monthly reporting period.

(b) Submission dates. Monthly reports shall be submitted by the 15th day of the month following the month being reported. If the contract is awarded beyond the middle of a month, the first monthly report shall cover the period from award until the end of the following month. The final report shall be submitted within 30 days after the completion of the effort under the contract.

[HCDE]H.6

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

(a) As used in this clause, "sensitive information" refers to information, not currently in the public domain, that the Contractor has developed at private expense, that may embody trade secrets or commercial or financial information, and that may be sensitive or privileged.

(b) In accomplishing management activities and administrative functions, NASA relies heavily on the support of various service providers. To support NASA activities and functions, these service providers, as well as their subcontractors and their individual employees, may need access to sensitive information submitted by the Contractor under this contract. By submitting this proposal or performing this contract, the Contractor agrees that NASA may release to its service providers, their subcontractors, and their individual employees, sensitive information submitted during the course of this procurement, subject to the enumerated protections mandated by the clause at 1852.237-72, Access to Sensitive Information.

(c)(1) The Contractor shall identify any sensitive information submitted in support of this proposal or in performing this contract. For purposes of identifying sensitive information, the Contractor may, in addition to any other notice or legend otherwise required, use a notice similar to the following:

Mark the title page with the following legend:

This proposal or document includes sensitive information that NASA shall not disclose outside the Agency and its service providers that support management activities and administrative functions. To gain access to this sensitive information, a service provider's contract must contain the clause at NFS 1852.237-72, Access to Sensitive Information. Consistent with this clause, the service provider shall not duplicate, use, or disclose the information in whole or in part for any purpose other than to perform the services specified in its contract. This restriction does not limit the Government's right to use this information if it is obtained from another source without restriction. The information subject to this restriction is contained in pages [insert page numbers or other identification of pages].

Mark each page of sensitive information the Contractor wishes to restrict with the following legend:

Use or disclosure of sensitive information contained on this page is subject to the restriction on the title page of this proposal or document.

(2) The Contracting Officer shall evaluate the facts supporting any claim that particular information is "sensitive." This evaluation shall consider the time and resources necessary to protect the information in accordance with the detailed safeguards mandated by the clause at 1852.237-72, Access to Sensitive Information. However, unless the Contracting Officer decides, with the advice of Center counsel, that reasonable grounds exist to challenge the Contractor's claim that particular information is sensitive, NASA and its service providers and their employees shall comply with all of the safeguards contained in paragraph (d) of this clause.

(d) To receive access to sensitive information needed to assist NASA in accomplishing management activities and administrative functions, the service provider must be operating under a contract that contains the clause at 1852.237-72, Access to Sensitive Information. This clause obligates the service provider to do the following:

(1) Comply with all specified procedures and obligations, including the Organizational Conflicts of Interest Avoidance Plan, which the contract has incorporated as a compliance document.

(2) Utilize any sensitive information coming into its possession only for the purpose of performing the services specified in its contract.

(3) Safeguard sensitive information coming into its possession from unauthorized use and disclosure.

(4) Allow access to sensitive information only to those employees that need it to perform services under its contract.

(5) Preclude access and disclosure of sensitive information to persons and entities outside of the service provider's organization.

(6) Train employees who may require access to sensitive information about their obligations to utilize it only to perform the services specified in its contract and to safeguard it from unauthorized use and disclosure.

(7) Obtain a written affirmation from each employee that he/she has received and will comply with training on the authorized uses and mandatory protections of sensitive information needed in performing this contract.

(8) Administer a monitoring process to ensure that employees comply with all reasonable security procedures, report any breaches to the Contracting Officer, and implement any necessary corrective actions.

(e) When the service provider will have primary responsibility for operating an information technology system for NASA that contains sensitive information, the service provider's contract shall include the clause at 1852.204-76, Security Requirements for Unclassified Information Technology Resources. The Security Requirements clause requires the service provider to implement an Information Technology Security Plan to protect information processed, stored, or transmitted from unauthorized access, alteration, disclosure, or use. Service provider personnel requiring privileged access or limited privileged access to these information technology systems are subject to screening using the standard National Agency Check (NAC) forms appropriate to the level of risk for adverse impact to NASA missions. The Contracting Officer may allow the service provider to conduct its own screening, provided the service provider employs substantially equivalent screening procedures.

(f) This clause does not affect NASA's responsibilities under the Freedom of Information Act.

(g) The Contractor shall insert this clause, including this paragraph (g), suitably modified to reflect the relationship of the parties, in all subcontracts that may require the furnishing of sensitive information.

[HCDE]H.7

DRAWINGS AND DATA REQUIRED FOR APPROVAL (applicable only if drawings are required)

(a) The Contractor shall submit for approval copies of the drawings and/or data identified in the specifications/SOW, in accordance with the DRD Deliverables listed in Section 5 of the SOW.

(b) Should any of the drawings and/or data be revised by the Contractor subsequent to submittal but prior to return by the Government, copies of the revised documents shall be promptly submitted with the revisions clearly identified.

(c) All Contractor submittals shall be accomplished by a transmittal letter identifying the material submitted and the contract number, and addressed to:

NASA Glenn Research Center Attn: Ernest C. Mensurati, Contracting Officer Mail Stop 60-1 21000 Brookpark Road Cleveland, OH 44135

(d) If the Contractor does not return any required corrected drawings or data within the said period of time, or if the corrected drawings or data are not approved by the Government, the Government shall be entitled to invoke the provisions of the clause entitled "Default".

(e) Approval by the Government, pursuant to this Clause, shall not be construed as complete approval, but will indicate only that the general method of construction and/or fabrication and detailing is satisfactory. Approval of such drawings or data will not relieve the Contractor of the responsibility for any error which may exist. In the event that drawings or data marked "Approved" or "Approved as Noted" reflect information which is not in full conformance with the contract specifications, the Contractor shall notify the Contracting Officer immediately, since any approval of drawings or data is not to be construed as a change in specifications.

H.8 ENVIRONMENTAL REQUIREMENTS

All work performed under this contract shall be in compliance with all applicable Federal, State and Local Environmental Regulations.

H.9 IRAN NONPROLIFERATION ACT APPLICABILITY

Contracts awarded under this solicitation are subject to all applicable U.S. nonproliferation laws, regulations, and policies, including the Iran Nonproliferation Act (INA).

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

[ICDE]I.1

LISTING OF CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE

NUMBER DATE TITLE

Insert “30th” in Paragraph (a)(3).

Not applicable $550,000 and under.

Insert "zero" in paragraph (a).

52.222-40 52.223-3

DEC 2010

JAN 1997

NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (ALTERNATE I) (JUL 1995)

Insert in paragraph (b) as follows:

“Material (If none, insert “None”) Identification No.

Insert in paragraph (g)(4) as follows:

“Agency: National Aeronautics and Space Administration (NASA)

Tariff Schedules: ____________ ______________________ Contract Administration Office: __________________________

Applicable to small business only.

Not applicable $550,000 and under.

NUMBER DATE TITLE

Not applicable $5,000,000 and under.

Insert "within 10 days after contract award" in paragraph (c).

Not applicable $550,000 and under.

1852.219-79

APR 2015

Not applicable

MENTOR REQUIREMENTS AND EVALUATION

$550,000 and under.

Not applicable $1,000,000 and under.

[ICDE]

[IC

[ICDE]I.2

RIGHTS IN DATA--GENERAL (FAR 52.227-14) (MAY 2014)

(a) Definitions. As used in this clause—

“Computer database” or “database means” a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software.

“Computer…