FaCETS_III_Final_RFP_NNG16557109R_Section_B-M.pdf

Solicitation No. NNG16557109R Facilities Construction, Engineering and Technical Services III

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GSFC 52.216-92 MINIMUM/MAXIMUM AMOUNT OF SUPPLIES OR SERVICES (FIXED

PRICE) (APR 2008)

(a) The minimum amount of supplies or services that shall be ordered during the effective period of this contract is $2,000. The maximum amount of supplies or services that may be ordered during the effective period of this contract is $100 million.

(b) All orders placed under this contract will be applied to the minimum and maximum specified above.

(c) The maximum amount may be adjusted unilaterally by the Government on an as needed basis. Historic, current, and/or projected workload requirements will be used to determine the amount of upward adjustment. In no event will the adjusted maximum amount exceed 10% of the original maximum amount.

(End of clause)

B.2 SUPPLEMENTAL TASK ORDERING PROCEDURES (FIXED PRICE)

When the Government issues a request for a “task plan” to the Contractor in accordance with Statement of Work 7.0A, 7.0C and 7.0D and the Clause entitled “Task Ordering Procedure” of this contract, the Contractor shall prepare its estimate of the labor hours, labor categories, and other direct costs required to perform the services task order requirements. The Contractor shall use only those appropriate labor categories and loaded labor rates, which may be less than but shall not exceed the rates found in Attachment R, to calculate the proposed price for all task orders issued in accordance with the “Task Ordering Procedure” clause of this contract.

(b) The Contractor’s proposed approach/pricing of the representative tasks set forth in its proposal for award of this contract shall be used as a reference by the Contracting Officer in negotiating tasks with the Contractor which are issued under this contract, but only to the extent portions of a representative task are relevant to portions of a task actually issued.

(c) When the Government issues a request for a “task plan” to the Contractor in accordance with Statement of Work 7.0B and the Clause entitled “Task Ordering Procedure” of this contract, the Contractor shall prepare its construction services task orders estimate in accordance with the Statement of Work instructions. The Contractor shall use only those appropriate Construction/Design-Build Coefficients and/or Admin 1 Pre-Priced Work Line Items unit rates, which may be less than but shall not exceed the rates found in Attachment R, to calculate the proposed price for all construction services task orders issued in accordance with the “Task Ordering Procedure” clause of this contract.

(End of text)

B.3 GSFC 52.211-90 SUPPLIES AND/OR SERVICES TO BE PROVIDED (FEB 2016)

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 the items below in accordance with the Statement of Work (SOW), incorporated as Attachment A, and Task Orders issued hereunder.

Item Description Reference Schedule Delivery

Method/Addressee(s)

Services and Deliverables in accordance with Attachment A, SOW

– Core Services

As Defined in Attachment A, SOW – Core Services

As Defined in Attachment A, SOW – Core Services

As Defined in Attachment A, SOW – Core Services

Services and Deliverables in accordance with Task Orders Issued and Attachment A, SOW – IDIQ

Services

As Defined in Individual Task Orders Issued

As Specified in Individual Task Orders Issued

As Defined in Individual Task Orders Issued

3 Task Plans

Section B Clause B.2 Section I

NFS 1852.216-80 –

Alternate I

As Required in Clause NFS 1852.216-80 – Alternate I

NASA Task Order Management System

(TOMS)

Small Business Subcontracting Plan Reporting

Section H

GSFC 52.219-90

Section I

NFS 1852.219-75

ISR–Semi-Annual (April 30th and October 30th) and Final SSR–Annual

(October 30th)

Electronic Format/ Electronic Subcontract Reporting System (eSRS)

Health and Safety Reporting

Section H

NFS 1852.223-70

Section H

NFS 1852.223-75

Section H

GSFC 52.223-91

Monthly/Quarterly Reports and As Required

NASA Mishap Information System

(NMIS)

Task Order Progress Reports

Section I

NFS 1852.216-80-

Alternate I

Monthly by the 14th

Electronic Format/Contracting Officer (CO) and Contracting Officer’s Representative (COR)

Contract Progress/Status Reports

Section J Attachment A SOW

Monthly by the 14th

Electronic Format/CO and COR

Final Performance Measurement & Control Plan (PMCP)

Section J Attachment A SOW

Within 15 days after contract award

Electronic Format/CO and COR

9 PMCP Reports Section J Attachment A SOW

Monthly by the 14th

Electronic Format/CO and COR

Performance and Payment Bonds

Section I

FAR 52.228-15

Prior to commencing work on first

Electronic Format/CO

Delivery

Method/Addressee(s) construction task order

Insurance Notifications

Section I

FAR 52.228-5

Section I

NFS 1852.228-75

As Specified by

FAR 52.228-5

and NFS 1852.228-75

Electronic Format/CO

Estimate of Percentage of Recovered Material Content

Section I

FAR 52.223-9

Upon Contract Completion

Electronic Format/CO and COR

Personal Identity Verification (PIV) Documentation and Reporting

Section H

GSFC 52.204-99

Attachment D

10th Calendar Day of the Month and As Required

Electronic Format and Hard Copy/COR & Code 240 Security Office

Affirmative Procurement of Biobased Products

Section I

FAR 52.223-2

Annually by October 31 and Final Report http://netsdata.grc.nasa.

gov/

Service Contract Reporting

Section I

FAR 52.204-14

FAR 52.204-15

Annually by October 31 and Revisions, if needed, by November 30 https://www.acquisition.

gov

Quality Control Plan for all task orders up to $1,000,000

Section J Attachment B

Within 10 calendar days after contract effective date

Electronic Format/CO and COR

Quality Control Plan for each task order over $1,000,000

Section J Attachment B

Within 10 calendar days after issuance of each applicable task order

Electronic Format/COR

Construction Submittals

Section I

FAR 52.228-5

Section I

NFS 1852.228-75

As required by

GSFC

Construction Specifications and individual task orders

Electronic format/Task Monitors and COR

Organizational Conflicts of Interest (OCI) Avoidance Plan

Section I

NFS 1852.237-72

30 Days after Contract Effective Date

Electronic Format/CO

IT Security Management Plan

Section I

NFS 1852.204-76

30 Days after Contract Effective Date & Annual Updates As Required

Delivery

Method/Addressee(s)

Equal Opportunity Reports

Section I

FAR 52.222-26

As Specified by

FAR 52.222-26

Electronic Format/CO & Code 120

Reporting of Inventions

Section H

NFS 1852.227-70

Section H

NFS 1852.227-72

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

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

Physical Inventory of Capital Personal Property Reporting

Section G

NFS 1852.245-78

Within 10 Calendar Days of Annual Physical Inventory

Property Administrator

Government Real Property Maintenance Plan

Section G

NFS 1852.245-83

30 Days after Contract Effective Date and COR

(End of clause)

B.4 FIRM FIXED PRICE – CORE REQUIREMENTS

The total firm fixed price of the Core Requirements under this contract is $TBP*.

*TBP = To Be Proposed.

(End of text)

B.5 FIRM FIXED PRICE – INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) TASK

ORDERS

The total firm fixed price is $(To Be Negotiated on each individual Task Order).

(End of text)

B.6 GSFC 52.217-90 OPTION TO EXTEND (SEP 2013)

In accordance with FAR clause 52.217-9, "Option to Extend the Term of the Contract" of this contract, the Contracting Officer may exercise the following option(s) by issuance of a unilateral contract modification. Options exercised shall be in accordance with the following:

Option Period of Performance Core Requirement Firm Fixed Price Amount

12 Months from the End of the Base Period of Performance

$TBP

12 Months from the End of the Option 1 Period of Performance

$TBP

12 Months from the End of the Option 2 Period of Performance

$TBP

12 Months from the End of the Option 3 Period of Performance

$TBP

B.7 GSFC 52.232-99 MILESTONE PAYMENT SCHEDULE (FIXED PRICE) (NOV 2013) –

CORE REQUIREMENTS

(a) Subject to other limitations and conditions specified in this contract, milestone payment shall be made to the Contractor upon delivery and acceptance of the Core Requirements milestone events described under paragraph (b).

(b) The payment schedule amount shall be calculated by the application of the contract percentage established per milestone event to the Core Requirements total fixed price amount indicated under Section B contract clause entitled, “Firm-Fixed Price – Core Requirements.”

Core Base Period of Performance

Core Option 1 Period of Performance

Core Option 2 Period of Performance

Item No.

Core Requirements

Event Qty

Core Base

Contract Value %

Unit Price Total

Amount Completion Determination

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

Services

12 100% $TBP $TBP

All services performed and deliverables received in compliance with Attachment A, SOW – Core Services requirements.

Item No.

Core Requirements

Event Qty

Core Option 1 Contract Value %

Unit Price Total

Amount Completion Determination

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

Services

12 100% $TBP $TBP

All services performed and deliverables received in compliance with Attachment A, SOW – Core Services requirements.

Item No.

Core Requirements

Event Qty

Core Option 2 Contract Value %

Unit Price Total

Amount Completion Determination

Core Option 3 Period of Performance

Core Option 4 Period of Performance

(c) The Contractor may submit requests for payment not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all milestone payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled.

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

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

Services

12 100% $TBP $TBP

All services performed and deliverables received in compliance with Attachment A, SOW – Core Services requirements.

Item No.

Core Requirements

Event Qty

Core Option 3 Contract Value %

Unit Price Total

Amount Completion Determination

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

Services

12 100% $TBP $TBP

All services performed and deliverables received in compliance with Attachment A, SOW – Core Services requirements.

Item No.

Core Requirements

Event Qty

Core Option 4 Contract Value %

Unit Price Total

Amount Completion Determination

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

Services

12 100% $TBP $TBP

All services performed and deliverables received in compliance with Attachment A, SOW – Core Services requirements.

Solicitation No. NNG116557109R Facilities Construction, Engineering and Technical Services III

SECTION C - DESCRIPTION/SPECS/WORK STATEMENT

C.1 52.227-90 LIMITED RIGHTS DATA OR RESTRICTED COMPUTER SOFTWARE (MAR

2008)

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

NONE

(End of clause)

C.2 GSFC 52.211-91 SCOPE OF WORK (FEB 2016)

The Contractor shall provide the personnel, materials, and facilities, except as otherwise specified in this contract, necessary to perform the work and to furnish the items specified in the Supplies and/or Services To Be Provided clause of this contract in accordance with the Statement of Work, Attachment A; GSFC Construction Specifications, Attachment B; Contract Historical Data, Attachment E; Safety and Health Plan, Attachment M; Performance Measurement and Control Plan, Attachment O; and task orders issued hereunder.

SECTION D - PACKAGING AND MARKING

D.1 1852.245-74 IDENTIFICATION AND MARKING OF GOVERNMENT EQUIPMENT (JAN

2011)

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

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

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

(1) Item Description.

(2) Unique Identification Number (License Tag).

(3) Unit Price.

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

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

(1) Date originally placed in service.

(2) Item condition.

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

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

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

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-4 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996) [This clause applies to all Core Requirements and all IDIQ Services and A-E Services Task Orders]

E.2 52.246-12 INSPECTION OF CONSTRUCTION. (APR 1996) [This clause applies to all IDIQ Construction Task Orders only]

E.3 ACCEPTANCE—LOCATION(S) (GSFC 52.246-93) (SEP 2013)

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

Authorized Item Location Representative

Planning Services GSFC* Contracting Officer's Representative (COR)

Architect and Engineering Services GSFC or satellite facilities**

COR or as identified in individual task orders

Information Resources Services GSFC COR

Work Management and Control Services

GSFC

COR

Construction Services GSFC COR

*GSFC – Goddard Space Flight Center, Greenbelt, MD.

**Satellite facilities are those facilities containing assets for which GSFC is responsible.

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

If this is a fixed price type contract, acceptance shall be deemed to have occurred constructively--for the sole purpose of computing an interest penalty that might be due the Contractor under the Prompt Payment Act--on the seventh day after the Contractor has delivered the supplies or services in accordance with the terms and conditions of the contract.

In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the date of the actual acceptance.

(End of clause)

E.4 INSPECTION SYSTEM RECORDS (GSFC 52.246-102) (APR 2013)

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

(End of clause)

E.5 CLAUSES INCORPORATED BY REFERENCE -- SECTION E

Clauses E.1 through E.2 at the beginning of this Section are incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which

SECTION E - INSPECTION AND ACCEPTANCE

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.

Solicitation No. NNG16557109R Facilities, Construction, Engineering and Technical Services III

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.242-15 STOP-WORK ORDER (AUG 1989)

F.2 52.247-34 F.O.B. DESTINATION (NOV 1991)

F.3 GSFC 52.217-92 PERIOD OF PERFORMANCE/EFFECTIVE ORDERING PERIOD (JAN

2014)

The Core Requirements period of performance of this contract shall be for a period of 12 months from the contract effective date of TBD. The effective ordering period of the IDIQ portion of this contract coincides with the Core services period of performance.

(End of clause)

F.4 GSFC 52.237-92 PLACE OF PERFORMANCE – SERVICES (NOV 2013)

The services to be performed under this contact shall be performed at the following location(s):

Goddard Space Flight Services, Greenbelt, MD. Alternate places of performance may be specified in individual task orders issued.

(End of clause)

F.5 DESIGN PERFORMANCE PERIOD [This clause applies to A-E Services Task Orders only]

The Design Performance Period Schedule below sets forth the maximum number of calendar days the Contractor has to complete a design from issuance of a task order to completion of design. Proposed design performance periods shall include Government review times in accordance with section 7.A.3.a of the SOW. In its task plan the Contractor may request, on an individual project basis and with sufficient justification, an extension to the Design Performance Period. The Government retains the unilateral right to approve or disapprove such an extension request.

FaCETS III Formal Design Task Order Performance Periods* (calendar days)

Engineering Estimate for Construction (EEC) Cost

CATEGORY <$15K $15k - $100K >$100K

Formal Design TBP TBP TBP

*Performance periods are from task order award to 100% completion of the design.

(End of text)

F.6 CONSTRUCTION TASK PLAN SUBMISSION PERIOD [This clause applies to Construction Task Orders only]

The Contractor shall submit construction task plans in response to the CO's request (in accordance with the “Task Ordering Procedure” clause of this contract within the time period set forth in the following schedule:

F.7 CONSTRUCTION PERFORMANCE PERIOD [This clause applies to Construction Task Orders only]

The Contractor shall complete all work required in a construction task order within the performance period set forth in the following schedule. The performance period shall be from the date the task order is issued to the date of Government acceptance. Prior to starting construction the Contractor may request, on an individual project basis and with sufficient justification, an extension to the performance period required by the schedule below. The Government retains the unilateral right to determine whether such an extension will be granted.

FaCETS III Construction Task Order Performance Periods* (calendar days)

Project Construction Cost

CATEGORY <$15K $15K – $100K >$100K - $500K >$500K

Design-Build Minimum Design

TBP TBP TBP Negotiated

Design-Build Full Design (Design and Construction)

TBP TBP TBP Negotiated

Design-Bid-Build Construction Only

TBP TBP TBP Negotiated

*Performance periods are from task order award to the Beneficial Occupancy Date (BOD).

An additional 30 calendar days will be added to these periods for processing/approval of close-out documentations.

FaCETS III Construction Task Plan Submission Periods (calendar days)

Project Construction Cost

CATEGORY < $15k $15k - $100k >$100k

Design-Build Minimum Design

7 14 21

Design-Build Full Design

7 14 21

Design-Bid-Build Construction Only

7 14 21

All durations given above may be superseded by a revised duration in the task order Request For Task Plan.

F.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

F.9 CLAUSES INCORPORATED BY REFERENCE -- SECTION F

Clauses F.1 through F.2 at the beginning of this Section 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

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

G.2 GSFC 52.216-100 INDIVIDUALS AUTHORIZED TO ISSUE ORDERS (DEC 2014)

The following personnel are authorized to issue orders under this contract. All designated personnel are employed by the Greenbelt, Goddard Space Flight Center unless otherwise indicated:

Contracting Officer, Code 210.I

(End of clause)

G.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR) CHANGE ORDER AUTHORITY

AND PROCEDURES

(a) Under this contract the COR has the authority to issue in writing emergency on-site change orders on behalf of the Government not to exceed $5,000. When an emergency on-site change order is issued by the COR, the COR shall notify the Contracting Officer (CO) within 24 hours of the emergency change order being issued. Once the Contractor receives the emergency change order from the COR, the Contractor shall provide a proposal detailing the costs of the change order within 5 business days to the COR and CO.

(b) If the Contractor receives an emergency change order from the COR and anticipates the amount of the change order will exceed the $5,000 limit, the Contractor shall not proceed with the change order and must notify the COR and CO within 24 hours.

(End of text)

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 Section J, Attachment C.

(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) Supplies from stores stock.

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

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

__X_ (7) Installation service facilities: 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.

__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 GSFC 52.232-90 INVOICES FOR CONSTRUCTION CONTRACTS (APR 2016) [This clause applies to all IDIQ Construction Task Orders Only]

(a) Invoices shall be prepared in accordance with the Prompt Payment for Construction Contracts clause of this contract. Invoices shall be submitted (preferably by e-mail) to the following "Designated Billing Office":

NASA/Goddard Space Flight Center Facilities Management Division Code 224.2/Attn: Linda Danel Greenbelt, MD 20771

(b) At the time of submittal to the billing office, an information copy of each invoice shall be submitted to each of the following:

NASA/Goddard Space Flight Center Office for Institutional Programs Greenbelt, MD 20771 Andrea.A.Davis@nasa.gov

NASA/Goddard Space Flight Center Facilities Management Division Attn: Joseph. V. Moyer, Mail Code 224 Greenbelt, MD 20771 joseph.v.moyer@nasa.gov

(c) For purposes of the Prompt Payment for Construction Contracts clause, the "Designated Payment Office" is:

NASA Shared Service Center (NSSC) Financial Management Division (FMD) – Accounts Payable Building 1111, Jerry Hlass Road Stennis Space Center, MS 39529 NSSC-AccountsPayable@nasa.gov

(End of clause)

G.6 INVOICES FOR SERVICES [This clause applies to all Core Requirements, A-E Services Task Orders, and Services Task Orders]

(a) Invoices shall be prepared in accordance with the Prompt Payment clause and the Prompt Payment for Fixed-Price Architect-Engineer Contracts clause of this contract.

Invoices shall be submitted (preferably by e-mail) to the NASA Shared Services Center (NSSC), Financial Management Division (FMD) – Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529, Email: NSSC-AccountsPayable@nasa.gov. For purposes of the Prompt Payment Act, the above office is considered to be the "Designated Billing Office" and the "Designated Payment Office".

(b) At the time of submittal to the billing/payment office, an information copy of each invoice shall be submitted to each of the following:

(i) To the Contracting Officer (by being copied on the e-mail to the NSSC, if the invoice is submitted to the NSSC by e-mail):

NASA/Goddard Space Flight Center Office for Institutional Programs Attn: Andrea A. Davis, Mail Code 210.1 Greenbelt, MD 20771 Andrea.A.Davis@nasa.gov

NASA/Goddard Space Flight Center Facilities Management Division Attn: Joseph V. Moyer, Mail Code 224 mailto:Andrea.A.Davis@nasa.gov mailto:joseph.v.moyer@nasa.gov mailto:NSSC-AccountsPayable@nasa.gov mailto:NSSC-AccountsPayable@nasa.gov mailto:Andrea.A.Davis@nasa.gov

Greenbelt, MD 20771 joseph.v.moyer@nasa.gov

(End of text)

G.7 1852.245-75 PROPERTY MANAGEMENT CHANGES (JAN 2011)

(a) The Contractor shall submit any changes to standards and practices used for management and control of Government property under this contract to the assigned property administrator prior to making the change whenever the change--

(1) Employs a standard that allows increase in thresholds or changes the timing for reporting loss, damage, or destruction of property;

(2) Alters physical inventory timing or procedures;

(3) Alters recordkeeping practices;

(4) Alters practices for recording the transport or delivery of Government property; or

(5) Alters practices for disposition of Government property.

(End of clause)

G.8 1852.245-78 PHYSICAL INVENTORY OF CAPITAL PERSONAL PROPERTY (AUG

2015)

(a) In addition to physical inventory requirements under the clause at FAR 52.245-1, Government Property, as incorporated in this contract, the Contractor shall conduct annual physical inventories for individual property items with an acquisition cost exceeding $500,000.

(1) The Contractor shall inventory--

(i) Items of property furnished by the Government;

(ii) Items acquired by the Contractor and titled to the Government under the clause at FAR 52.245-1;

(iii) Items constructed by the Contractor and not included in the deliverable, but titled to the Government under the clause at FAR 52.245-1; and

(iv) Complete but undelivered deliverables.

(2) The Contractor shall use the physical inventory results to validate the property record data, specifically location and use status, and to prepare summary reports of inventory as described in paragraph (c) of this clause.

(b) Unless specifically authorized in writing by the Property Administrator, the inventory shall be performed and posted by individuals other than those assigned custody of the items, responsibility for maintenance, or responsibility for posting to the property record. The Contractor may request a waiver from this separation of duties requirement from the Property Administrator, when all of the conditions in either (1) or (2) of this paragraph are met.

(1) The Contractor utilizes an electronic system for property identification, such as a laser bar-code reader or radio frequency identification reader, and mailto:joseph.v.moyer@nasa.gov

(i) The programs or software preclude manual data entry of inventory identification data by the individual performing the inventory; and

(ii) The inventory and property management systems contain sufficient management controls to prevent tampering and assure proper posting of collected inventory data.

(2) The Contractor has limited quantities of property, limited personnel, or limited property systems; and the Contractor provides written confirmation that the Government property exists in the recorded condition and location;

(3) The Contractor shall submit the request to the cognizant property administrator and obtain approval from the property administrator prior to implementation of the practice.

(c) The Contractor shall report the results of the physical inventory to the property administrator within 10 calendar days of completion of the physical inventory. The report shall—

(1) Provide a summary showing number and value of items inventoried; and

(2) Include additional supporting reports of--

(i) Loss in accordance with the clause at 52.245-1, Government Property;

(ii) Idle property available for reuse or disposition; and

(iii) A summary of adjustments made to location, condition, status, or user as a result of the physical inventory reconciliation.

(d) The Contractor shall retain auditable physical inventory records, including records supporting transactions associated with inventory reconciliation. All records shall be subject to Government review and/or audit.

(End of clause)

G.9 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.

(End of clause)

G.10 1852.245-83 REAL PROPERTY MANAGEMENT REQUIREMENTS (JAN 2011)

(a) In addition to the requirements of the FAR Government Property Clause incorporated in this contract (FAR 52.245-1), the Contractor shall comply with the following in performance of any maintenance, construction, modification, demolition, or management activities of any Government real property:

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

(2) NPR 8831.2, Facility Maintenance Management.

(b) Within 30 calendar days following award, the Contractor shall provide a plan for maintenance of Government real property provided for use under this contract. The Contractor's maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the Contracting Officer the need for replacement and/or capital rehabilitation. Upon acceptance by the Contracting Officer, the program shall become a requirement under this contract.

(c) Title to parts replaced by the Contractor in carrying out its normal maintenance obligations shall pass to and vest in the Government upon completion of their installation in the facilities.

The Contractor shall keep the property free and clear of all liens and encumbrances.

(d) The Contractor shall keep records of all work done to real property, including plans, drawings, charts, warranties, and manuals. Records shall be complete and current. Record of all transactions shall be auditable. The Government shall have access to these records at all reasonable times, for the purposes of reviewing, inspecting, and evaluating the Contractor's real property management effectiveness. When real property is disposed of under this contract, the Contractor shall deliver the related records to the Government.

(e) The Contracting Officer may direct the Contractor in writing to reduce the work required by the maintenance program authorized in paragraph (b) of this clause at any time.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 RESERVED

H.2 1852.208-81 RESTRICTIONS ON PRINTING AND DUPLICATING (NOV 2004)

H.3 1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY (FEB 2002)

H.4 1852.225-70 EXPORT LICENSES (FEB 2000)

(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 GSFC, where the foreign person will have access to export-controlled technical data or software.

H.5 1852.227-70 NEW TECHNOLOGY – OTHER THAN A SMALL BUSINESS FIRM OR

NONPROFIT ORGANIZATION (APRIL 2015)

H.6 1852.236-75 PARTNERING FOR CONSTRUCTION CONTRACTS (AUG 1998)

H.7 1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP REPORTING (DEC

2015)

(a) Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment. NASA's safety priority is to protect: (1) The public, (2) astronauts and pilots, (3) the NASA workforce (including contractor employees working on NASA contracts), and (4) high-value equipment and property.

(b) The Contractor shall take all reasonable safety and occupational health measures in performing this contract. The Contractor shall maintain an effective worksite safety and health program with organized and systematic methods to—

(1) Comply with Federal, State, and local safety and occupational health laws and with the safety and occupational health requirements of this contract;

(2) Describe and assign the responsibilities of managers, supervisors, and employees;

(3) Inspect regularly for and identify, evaluate, prevent, and control hazards;

(4) Orient and train employees to eliminate or avoid hazards; and

(5) Periodically review the program's effectiveness. Authorized Government representatives shall have access to and the right to examine the work site and related records under this Contract in order to determine the thoroughness of the Contractor's safety and occupational health measures.

(c) The Contractor shall take, or cause to be taken, any other safety, and occupational health-measures the Contracting Officer may reasonably direct. To the extent that the Contractor may be entitled to an equitable adjustment for those measures under the terms and conditions of this contract, the equitable adjustment shall be determined pursuant to the procedures of the changes clause of this contract; provided, that no adjustment shall be made under this Safety and Health clause for any change for which an equitable adjustment is expressly provided under any other clause of the contract.

(d) The Contractor shall immediately notify the Contracting Officer or a designee any Type A, B, C, or D Mishap, or close calls as defined in NASA Procedural Requirement (NPR) 8621.1, Mishap and Close Call Reporting, Investigating, and Recordkeeping. In addition, service contractors (excluding construction contracts) shall provide quarterly reports specifying lost-time frequency rate, number of lost-time injuries, exposure, and accident/incident dollar losses as specified in the contract Schedule.

(e) The Contractor shall cooperate with any Government-authorized investigation of Type A, B, C, or D Mishaps, or Close Calls reported pursuant to paragraph (d) of this clause by providing access to employees; and relevant information in the possession of the Contractor regarding the mishap or close call.

(f)(1) The Contracting Officer may notify the Contractor of any noncompliance with this clause and specify corrective actions to be taken. When the Contracting Officer becomes aware of noncompliance that may pose a serious or imminent danger to safety and health of the public, astronauts and pilots, the NASA workforce (including contractor employees working on NASA contracts), or high value mission critical equipment or property, the Contracting Officer will notify the Contractor orally, with written confirmation. The Contractor shall promptly take corrective action.

(2) If the Contractor fails or refuses to institute prompt corrective action in accordance with subparagraph (f)(1) of this clause, the Contracting Officer may—

(i) Invoke the stop-work order clause in this contract;

(ii) Require the Contractor to remove and replace Contractor or subcontractor personnel who fail to comply with or violate applicable requirements of this clause;

(iii) Record the Contractor's failure to comply in the appropriate databases of past performance;

and

(iv) Consider the Contractor's failure to comply in any responsibility determination or evaluation of past performance.

(g) The Contractor shall insert the substance of this clause, including this paragraph (g) in all subcontracts above the simplified acquisition threshold when the work will be conducted completely or partly on federally-controlled facilities.

(End of clause)

H.8 1852.209-71 LIMITATION OF FUTURE CONTRACTING (DEC 1988)

(a) The Contracting Officer has determined that this acquisition may give rise to a potential organizational conflict of interest. Accordingly, the attention of prospective offerors is invited to FAR Subpart 9.5 - Organizational Conflicts of Interest.

(b) The nature of this conflict is in performing IDIQ work under this contract, there are situations where the services performed may give rise to the significant potential organizational conflicts of interest listed below. In addition, the specific nature of any potential or actual conflict that may arise during performance of a task order will be identified in each individual task order, as appropriate.

(c) The restrictions upon future contracting are as follows:

(1) If the Contractor, through the performance of the Core requirements and/or task orders issued under this contract, is required to develop specifications or statements of work that are to be incorporated into a solicitation, the Contractor shall be ineligible to perform the work described in that solicitation as a prime or first-tier subcontractor under an ensuing NASA contract.

(2) To the extent that the Core and task order work under this contract requires access to proprietary, business confidential, or financial data of other companies, and as long as these data remain proprietary or confidential, the Contractor shall protect these data from unauthorized use and disclosure and agrees not to use them to compete with those other companies. This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Officer and the Contractor, sufficient to avoid unfair competitive advantage or potential bias (this time shall in no case be less than the duration of the initial production contract). NASA shall not unilaterally require the Contractor to prepare such specifications or statements of work under this contract.

(3) If the Contractor, through the performance of the Core requirements and task orders issued under the contract, is required to participate in technical reviews or provide engineering consultation services on its own proposal/quotations, products, or services (or those of its affiliate(s), the Contractor shall be ineligible to perform such work as a prime or first-tier subcontractor.

H.9 NFS 1852.227-72 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE

AND PATENT REPRESENTATIVE (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—Other than a Small Business Firm or Nonprofit Organization” 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. Inquires 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" http://prod.nais.nasa.gov/portals/pl/new_tech_pocs.html 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.

(End of clause)

H.10 1852.242-72 DENIED ACCESS TO NASA FACILITIES (OCT 2015)

(a)(1) The performance of this contract requires contractor employees of the prime contractor or any subcontractor, affiliate, partner, joint venture, or team member with which the contractor is associated, including consultants engaged by any of these entities, to have access to, physical entry into, and to the extent authorized, mobility within, a NASA facility.

(2) NASA may close and or deny contractor access to a NASA facility for a portion of a business day or longer due to any one of the following events:

(i) Federal public holidays for federal employees in accordance with 5 U.S.C. 6103.

(ii) Fires, floods, earthquakes, unusually severe weather to include snow storms, tornadoes and hurricanes.

(iii) Occupational safety or health hazards.

(iv) Non-appropriation of funds by Congress.

(v) Any other reason.

(3) In such events, the contractor employees may be denied access to a NASA facility, in part or in whole, to perform work required by the contract. Contractor personnel already present at a NASA facility during such events may be required to leave the facility.

(b) In all instances where contractor employees are denied access or required to vacate a NASA facility, in part or in whole, the contractor shall be responsible to ensure contractor personnel working under the contract comply. If the circumstances permit, the contracting officer will provide direction to the contractor, which could include continuing on-site performance during the NASA facility closure period.