Section_I.pdf

NNJ17584385R SECTION I

RESEARCH, ENGINEERING MISSION INTEGRATION SERVICES CONTRACT

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SECTION I - CONTRACT CLAUSES

SUB-SECTION I.A – CLAUSES MUTUALLY APPLICABLE TO BOTH FIRM FIXED-

PRICE AND COST REIMBURSABLE EFFORTS

I.A.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

Clause(s) 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. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

https://www.acquisition.gov/?q=browsefar http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm

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

52.202-1 NOV 2013 DEFINITIONS

52.203-3 APR 1984 GRATUITIES

52.203-5 MAY 2014 COVENANT AGAINST CONTINGENT FEES

52.203-6 SEP 2006 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT

52.203-7 OCT 2010 ANTI-KICKBACK PROCEDURES

52.203-8 MAY 2014 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS

FOR ILLEGAL OR IMPROPER ACTIVITY

52.203-10 JAN 1997 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY

52.203-12 OCT 2010 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS

52.203-13 OCT 2015 CONTRACTOR CODE OF BUSINESS ETHICS AND

CONDUCT

52.203-14 OCT 2015 DISPLAY OF HOTLINE POSTER(S)

52.203-17 APR 2014 CONTRATOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

https://www.acquisition.gov/?q=browsefar http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm

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52.204-4 MAY 2011 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER

FIBER CONTENT PAPER

52.204-9 JAN 2011 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

52.204-10 OCT 2015 REPORTING EXECUTIVE COMPENSATION AND FIRST

TIER SUBCONTRACT AWARDS

52.204-13 JUL 2013 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

52.204-15 JAN 2014 SERVICE CONTRACT REPORTING REQUIREMENTS FOR

INDEFINITE –DELIVERY CONTRACTS

52.204-18 FEB 2015 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

52.204-19 DEC 2014 INCORPORATION BY REFERENCE OF REPRESENTATIONS

AND CERTIFICATIONS

52.209-10 MAY 2011 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

52.210-1 APR 2011 MARKET RESEARCH

52.211-5 AUG 2000 MATERIAL REQUIREMENTS

52.211-11 SEP 2000 LIQUIDATED DAMAGES—SUPPLIES, SERVICES, OR

RESEARCH AND DEVELOPMENT

52.211-15 APR 2008 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS

52.215-8 OCT 1997 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT

52.215-14 OCT 2010 INTEGRITY OF UNIT PRICES

52.216-8 JUN 2011 FIXED FEE

52.217-2 OCT 1997 CANCELLATION UNDER MULTIYEAR CONTRACTS

52.219-3 NOV 2011 NOTICE OF HUBZONE SET ASIDE OR SOLE SURCE

AWARD (ALT I NOV 2011)

52.219-4 OCT 2014 NOTICE OF PRICE EVALUATION PREFERENCE FOR

HUBZONE SMALL BUSINESS CONCERNS (ALT I JAN 2011)

52.219-7 JUN 2003 NOTICE OF PARTIAL SMALL BUSINESS SET ASIDE

52.219-8 JAN 2011 UTILIZATION OF SMALL BUSINESS CONCERNS

52.219-16 JAN 1999 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN

52.219-28 APR 2009 POST-AWARD SMALL BUSINESS PROGRAM

REPRESENTATION

52.222-1 FEB 1997 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

52.222-3 JUN 2003 CONVICT LABOR

52.222-17 MAY 2014 NONDISPLACEMENT OF QUALIFIED WORKERS

52.222-19 FEB 2016 CHILD LABOR-COOPERATION WITH AUTHORITIES AND

REMEDIES

52.222-21 FEB 1999 PROHIBITION OF SEGREGATED FACILITIES

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52.222-26 APR 2015 EQUAL OPPORTUNITY

52.222-35 OCT 2015 EQUAL OPPORTUNITY FOR SPECIAL DISABLED

VETERANS, VETERANS OF THE VIETNAM ERA, AND

OTHER ELIGIBLE VETERANS

52.222-37 FEB 2016 EMPLOYMENT REPORTS ON SPECIAL DISABLED

VETERANS, VETERANS OF THE VIETNAM ERA, AND

OTHER ELIGIBLE VETERANS

52.222-40 DEC 2010 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACTS

52.222-41 MAY 2014 SERVICE CONTRACT LABOR STANDARDS

52.222-50 MAR 2015 COMBATING TRAFFICKING IN PERSONS

52.222-54 OCT 2015 EMPLOYMENT ELIGIBILITY VERIFICATION

52.223-5 MAY 2011 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION (ALT)

52.223-6 MAY 2001 DRUG-FREE WORKPLACE

52.223-18 AUG 2011 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

52.225-1 MAY 2014 BUY AMERICAN - SUPPLIES

52.225-13 JUN 2008 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

52.227-1 DEC 2007 AUTHORIZATION AND CONSENT (ALT I) (APR 1984)

52.227-11 MAY 2014 PATENT RIGHTS – OWNERSHIP BY THE CONTRACTOR)

52.227-14 MAY 2014 RIGHTS IN DATA—GENERAL

52.230-2 OCT 2015 COST ACCOUNTING STANDARDS

52.230-6 JUN 2010 ADMINISTRATION OF COST ACCOUNTING STANDARDS

52.232-18 APR 1984 AVAILABILITY OF FUNDS

52.232-25 JUL 2013 PROMPT PAYMENT

52.232-33 JUL 2013 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM

FOR AWARD MANAGEMENT

52.232-39 JUN 2013 UNENFOREABILITY OF UNAUTHORIZED OLIGATIONS

52-232-40 DEC 2013 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

52.233-1 MAY 2014 DISPUTES (ALT I) (DEC 1991)

52.233-3 AUG 1996 PROTEST AFTER AWARD (ALT I) (JUN 1985)

52.233-4 OCT 2004 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

52.237-2 APR 1984 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT,

AND VEGETATION

52.242-1 APR 1984 NOTICE OF INTENT TO DISALLOW COSTS

52.242-13 JUL 1995 BANKRUPTCY

52.243-6 APR 1984 CHANGE ORDER ACCOUNTING

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52.244-6 FEB 2016 SUBCONTRACTS FOR COMMERCIAL ITEMS

52.245-1 APR 2012 GOVERNMENT PROPERTY

52.245-9 APR 2012 USE AND CHARGES

52.246-23 FEB 1997 LIMITATION OF LIABILITY

52.246-25 FEB 1997 LIMITATION OF LIABILITY – SERVICES

52.247-1 FEB 2006 COMMERCIAL BILL OF LADING NOTATIONS

52.247-63 JUN 2003 PREFERENCE FOR U.S.-FLAG AIR CARRIERS

52.247-67 FEB 2006 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR

AUDIT

52.249-5 SEP 1996

TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (EDUCATIONAL AND OTHER NONPROFIT

INSTITUTIONS)

52.249-6 MAY 2004 TERMINATION (COST-REIMBURSEMENT) (ALT II SEP 1996)

52.249-8 APR 1984 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)

52.249-9 APR 1984 DEFAULT (FIXED PRICE RESEARCH AND DEVELOPMENT)

52.249-14 APR 1984 EXCUSABLE DELAYS

52.250-1 APR 1984 INDEMNIFICATION UNDER PUBLI LAW 85-804 (ALT I APR

1984)

52.250-5 FEB 2009 SAFETY ACT – EQUITABLE ADJUSTMENT

52.251-1 APR 2012 GOVERNMENT SUPPLY SOURCES

52.252-4 APR 1984 ALTERATIONS IN CONTRACT

52.252-6 APR 1984 AUTHORIZED DEVIATIONS IN CLAUSES

52.253-1 JAN 1991 COMPUTER GENERATED FORMS

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

1852.203-70 JUN 2001 DISPLAY OF INSPECTOR GENERAL HOTLINE POSTERS

1852.203-71 AUG 2014 REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

1852.204-76 JAN 2011 SECURITY REQUIREMENTS FOR UNCLASSIFIED

INFORMATION TECHNOLOGY RESOURCES

1852.219-75 APR 2015 INDIVIDUAL SUBCONTRACTING REPORTS

1852.219-77 MAY 2015 NASA MENTOR PROTÉGÉ PROGRAM

1852.219-79 MAY 2015 MENTOR REQUIREMENTS AND EVALUATION

1852.227-11 APR 2015 PATENT RIGHTS – RETENTION BY THE CONTRACTOR

(SHORT FORM)

1852.227-14 APR 2015 RIGHTS IN DATA – GENERAL

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1852.235-70 DEC 2006 ENTER FOR AEROSPACE INFORMATION

1852.237-70 DEC 1988 EMERGENCY EVACUATION PROCEDURES

1852.237-72 JUN 2005 ACCESS TO SENSITIVE INFORMATION

1852.237-73 JUN 2005 RELEASE OF SENSITIVE INFORMATION

1852.243-71 MAR 1997 SHARED SAVINGS

(End of clause)

I.A.2 APPROVAL OF CONTRACT (FAR 52.204-1) (DEC 1989)

This contract is subject to the written approval of the Procurement Officer for the NASA Johnson Space Center and shall not be binding until so approved.

I.A.3 QUALIFICATION REQUIREMENTS (FAR 52.209-1) (FEB 1995)

(a) Definition: Qualification Requirement, as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.

(Name)_______________________________________________________

(Address)_____________________________________________________

(OFFEROR FILL IN)

(c) If an Offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.

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Offeror's Name________________________________________________

Manufacturer's Name___________________________________________

Source's Name_________________________________________________

Item Name____________________________________________________

Service Identification___________________________________________

Test Number___________________________________________________

(to the extent known)

(OFFEROR FILL IN)

(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government's best interests.

(e) If an Offeror, manufacturer, source, product or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the Offeror must submit evidence of qualification prior to award of this contract.

Unless determined to be in the Government's interest, award of this contract shall not be delayed to permit an Offeror to submit evidence of qualification.

(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.

I.A.4 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (FAR 52.209-9) (JUL 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and

Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

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(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111- 212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

1. The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

i. Government personnel and authorized users performing business on behalf of the Government; or

ii. The Contractor, when viewing data on itself; and

2. The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for—

i. Past performance reviews required by subpart 42.15;

ii. Information that was entered prior to April 15, 2011; or

iii. Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

1. If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite Clause FAR 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

2. The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

3. As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under Executive Order (E.O.) 12600.

(End of clause) https://www.acquisition.gov/far/current/html/Subpart%2042_15.html#wp1075411 https://www.acquisition.gov/far/current/html/52_207_211.html#wp1145644

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I.A.5 NOTIFICATION OF OWNERSHIP CHANGES (FAR 52.215-19) (OCT 1997)

(a) The contractor shall make the following notifications in writing:

(1) When the contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The contractor shall—

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the contractor’s ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each contractor ownership change.

(c) The contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

(End of clause)

I.A.6 INDEFINITE QUANTITY (FAR 52.216-22) (OCT 1995)

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

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

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

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(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 12 months after the end of the period of performance stated in Section F, Clause F.4, Period of Performance.

(End of clause)

I.A.7 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

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

http://www.acquisition.gov/far/ http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm

I.A.8 AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6) (APR 1984)

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

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

I.A.9 OMBUDSMAN (NOV 2011) (ALT I) (NFS 1852.215-84) (JUNE 2000)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from Offerors, potential Offerors, and contractors during the pre-award and post-award phases of this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman is not to diminish the authority of the contracting officer, the Source Evaluation Board, or the selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or

I-10 the adjudication of formal contract disputes. Therefore, before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution.

(b) If resolution cannot be made by the contracting officer, interested parties may contact the installation ombudsman, whose name, address, telephone number, facsimile number, and e-mail address may be found at: http://prod.nais.nasa.gov/pub/pub_library/Omb.html. Concerns, issues, disagreements, and recommendations which cannot be resolved at the installation may be referred to the Agency ombudsman identified at the above URL. Please do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer or as specified elsewhere in this document.

(c) If this is a task or delivery order contract, the ombudsman shall review complaints from contractors and ensure they are afforded a fair opportunity to be considered, consistent with the procedures of the contract.

I.A.10 RESTRICTION ON FUNDING ACTIVITY WITH CHINA (NFS 1852.225-71)

(FEB 2012)

(a) Definition - “China” or “Chinese-owned Company” means the People’s Republic of

China, any company owned by the People’s Republic of China or any company incorporated under the laws of the People’s Republic of China.

(b) Public Laws 112-10, Section 1340(a) and 112-55, Section 539, restrict NASA from contracting to participate, collaborate, coordinate bilaterally in any way with China or a Chinese-owned company using funds appropriated on or after April 25, 2011. Contracts for commercial and non-developmental items are exempted from the prohibition because they constitute purchase of goods or services that would not involve participation, collaboration, or coordination between the parties.

(c) This contract may use restricted funding that was appropriated on or after April 25, 2011. The contractor shall not contract with China or Chinese-owned companies for any effort related to this contract except for acquisition of commercial and non-developmental items. If the contractor anticipates making an award to China or Chinese-owned companies, the contractor must contact the contracting officer to determine if funding on this contract can be used for that purpose.

(d) Subcontracts - The contractor shall include the substance of this clause in all subcontracts made hereunder.

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I.A.11 DATA RIGHTS NOTICE

(a) Any proposal submitted during the course of contract performance must expressly identify any computer software or technical data that is to be provided with less than unlimited data rights. The contractor shall notify the Contracting Officer in writing prior to incorporating any item, component, subcomponent, process, or software, wherein the related technical data or computer software qualifies as limited rights data or restricted computer software in accordance with Alternate II and III of FAR 52.227-14 and NFS 1852.227-86. This notification does not apply to commercial off-the-shelf (shrink-wrapped) computer software, and corresponding documentation, that has a standard commercial license unless the software is to be incorporated as a subcomponent in a developmental effort.

(b) Technical data and computer software delivered shall not be marked with restrictive legends unless the Contracting Officer has given prior written consent.

(c) All license agreements shall be compliant with Federal laws, regulations and the terms and conditions of this contract and shall be transferable to the Government upon completion of the contract without additional cost to the Government. One copy of the final negotiated license agreement shall be forwarded to the Contracting Officer within 30 calendar days of agreement to ensure compliance.

I.A.12 ACCESS TO CONTRACTOR DATA

(a) “Data” for purposes of this clause, means recorded information, regardless of the form or media on which it may be recorded. The term includes technical data; computer software; and information incidental to contract administration, such as financial, administrative, cost or pricing, or management information. Types of data contained in the definition also include contractor internal audits of any discipline, system, or task, which directly or indirectly supports the performance of this contract as well as data from any audit of subcontractor(s) performing this contract. These examples are illustrative and are not to be construed as a limitation on the definition of data.

(b) The Contracting Officer or designee shall, through closeout, have access to and the right to examine any of the data produced or specifically used in the performance of this contract. The purpose of this access provision is to permit the Government to monitor the contractor’s performance under this contract and to permit sampling of contractor data to verify requirements compliance and continuous improvement without unduly increasing the number of data deliverables to this contract.

(c) The contractor shall make available at all reasonable times for Government inspection all existing Government data provided to the contractor and any data first produced or used in the

I-12 performance of this contract for examination through closeout. Moreover, information provided by the contractor on this system shall contain all necessary technical and business application data to determine the degree to which contract requirements are met.

(d) Except for software systems being provided as part of this contract, the contractor shall maintain all data on a commercially available system for information management that is easily accessible by NASA. For the purposes of this clause, “commercially available system” is defined as a system comprised of a commercial off-the-shelf (COTS) database management system with its associated reporting/query tools, and a COTS text and graphics viewer software package. The contractor must obtain the approval of the Contracting Officer prior to using any noncommercial system for information management of data generated under this contract. As part of this request, the contractor must justify why no commercial system to manage information is adequate for this contract. If use of a noncommercial system is approved, then the contractor shall demonstrate the system to the Government and provide thorough training to Government personnel to ensure they are able to access (i.e., read and copy) all data maintained on the system.

(e) The contractor shall provide the Government unimpeded access to all areas determined by Government representatives as necessary for surveillance, audit and independent evaluation purposes. In those instances that access is restricted due to hazards or other personnel access limitations, the contractor shall accommodate Government personnel such that access is provided and operational safety is not compromised.

(f) Notwithstanding the Additional Data Requirements clause, the Government shall have the right to reproduce any data found during the examination that it wishes to retain. The Government will reimburse reproduction costs only when it uses contractor equipment for the reproduction. The Government shall retain no greater rights in the reproduced data than it would have under the Rights in Data--General clause.

(g) The contractor shall describe the areas of its internal systems where NASA access will be permitted, define access and interface requirements, and provide NASA the required training to be able to access and use these systems.

(h) The contractor shall flow this clause to all cost type subcontracts.

I.A.13 TASK ORDERING PROCEDURE

(a) Only the Contracting Officer may issue task orders to the contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the schedule. The contractor may incur costs under this contract in performance of task orders and task order modifications issued in accordance with this clause. No other costs are authorized unless otherwise specified in the contract or expressly authorized by the Contracting Officer.

Each TO will be evaluated separately. The Government reserves the right to award any or all of

I-13 the fully evaluated IDIQ TO(s) at contract start for those for which there were no CLIN “or”.

For those CLINs that had an “or”, we will compete after contract award. In accordance with FAR16.505 (b)(2)(i) (F), Section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), the Contracting Officer may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a).

(b) Prior to issuing a task order, the Contracting Officer shall provide the contractor with the following data:

(1) A functional description of the work identifying the objectives or results desired from the contemplated task order.

(2) Proposed performance standards to be used as criteria for determining whether the work requirements have been met.

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

(c) Within 10 calendar days after receipt of the Contracting Officer's request, the contractor shall submit a task plan conforming to the request.

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

(1) Date of the order.

(2) Contract number and order number.

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

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

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

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

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

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

(e) The contractor shall provide acknowledgment of receipt to the Contracting Officer within 3 calendar days after receipt of the task order.

http://uscode.house.gov/ https://www.acquisition.gov/far/html/Subpart%2019_1.html#wp1101780

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

(g) The Contracting Officer may amend tasks in the same manner in which they were issued.

(h) In the event of a conflict between the requirements of the task order and the contractor's approved task plan, the task order shall prevail.

[END OF SUB-SECTION]

SUB-SECTION I.B – CLAUSES APPLICABLE TO FIRM FIXED-PRICE EFFORTS

ONLY

I.B.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

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

52.228-5 JAN 1997 INSURANCE – WORK ON A GOVERNMENT

INSTALLATION

52.229-3 FEB 2013 FEDERAL, STATE AND LOCAL TAXES

52.232-1 APR 1984 PAYMENTS

52.232-2 APR 1984 PAYMENTS UNDER FIXED-PRICE RESEARCH AND

DEVELOPMENT CONTRACTS

52.243-1 AUG 1987 CHANGES-FIXED PRICE (ALT II)

52.249-2 MAY 2012 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED-PRICE)

None Incorporated by Reference

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I.B.2 RESERVED

[END OF SUB-SECTION]

SUB-SECTION I.C – CLAUSES APPLICABLE TO COST REIMBURSABLE EFFORTS

ONLY

I.C.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

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

52.215-15 OCT 2010 PENSION ADJUSTMENTS AND ASSET REVERSIONS

52.215-17 OCT 1997 WAIVER OF FACILITIES CAPITAL COST OF MONEY

52.215-19 OCT 1997 NOTIFICATION OF OWNERSHIP CHANGES

52.215-21 OCT 2010 REQUIREMENTS FOR CERTIFIED COST OR PRICING

DATA OR DATA OTHER THAN CERTIFIED COST OR

PRICING DATA – MODIFICATIONS (ALT II) (OCT

1997)(ALT III) (OCT 1997)

Insert (Alt III): CD(s), USB Port(s), or CD-ROM(s)

52.215-23 OCT 2009 LIMITATION ON PASS-THROUGH CHARGES

52.216-7 JUN 2013 ALLOWABLE COST AND PAYMENT

52.216-8 JUN 2011 FIXED FEE

52.222-2 JUL 1990 PAYMENT FOR OVERTIME PREMIUMS

52.228-7 MAR 1996 INSURANCE – LIABILITY TO THIRD PERSONS

52.232-22 APR 1984 LIMITATION OF FUNDS

52.242-3 MAY 2014 PENALTIES FOR UNALLOWABLE COSTS

52.242-4 JAN 1997 CERTIFICATION OF FINAL INDIRECT COSTS

52.243-2 AUG 1987 CHANGES-COST (ALT II)

52.249-6 MAY 2004 TERMINATION (COST-REIMBURSEMENT)

52.251-2 JAN 1991 INTERAGENCY FLEET MANAGEMENT SYSTEM

VEHICLES AND RELATED SERVICES

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1852.216-89 JUL 1997 ASSIGNMENT AND RELEASE FORMS

I.C.2 LIABILITY FOR GOVERNMENT PROPERTY FURNISHED FOR REPAIR OR

OTHER SERVICES (FAR 52.245-2)(JAN 2011)

(a) This clause shall govern with respect to any Government property furnished to the Contractor for repair or other services that is to be returned to the Government. Such property, hereinafter referred to as “Government property furnished for servicing,” shall not be subject to FAR 52.245-1, Government Property.

(b) The official accountable recordkeeping and financial control and reporting of the property subject to this clause shall be retained by the Government. The Contractor shall maintain adequate records and procedures to ensure that the Government property furnished for servicing can be readily accounted for and identified at all times while in its custody or possession or in the custody or possession of any subcontractor.

(c) The Contractor shall be liable for any loss, damage, or destruction of the Government property furnished for servicing when caused by the Contractor's failure to exercise such care and diligence as a reasonable prudent owner of similar property would exercise under similar circumstances. The Contractor shall not be liable for loss, damage, or destruction of Government property furnished for servicing resulting from any other cause except to the extent that the loss, damage, or destruction is covered by insurance (including self-insurance funds or reserves).

(d) The Contractor shall hold the Government harmless and shall indemnify the Government against all claims for injury to persons or damage to property of the Contractor or others arising from the Contractor's possession or use of the Government property furnished for servicing or arising from the presence of that property on the Contractor's premises or property.

(END OF CLAUSE)

I.C.3 LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO FAR

52.245-2 (NFS 1852.245-77) (JAN 2011)

For performance of work under this contract, the Government will make available Government property identified below or in Attachment __ [Insert attachment number or “not applicable”] of this contract on a no charge-for-use basis pursuant to FAR 52.245-2, Government Property Installation Operation Services, as incorporated in this contract. The Contractor shall use this property in the performance of this contract at __ [Insert applicable site(s) where property will be used] and at other location(s) as may be approved by the Contracting Officer.

[Insert a description of the item(s), acquisition date, quantity, acquisition cost, and applicable equipment information] TBD

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(END OF CLAUSE)

[END OF SECTION]