OITS_RFP.pdf

TABLE OF CONTENTS

SECTION REFERENCE TITLE PAGE

SECTION 1 SUPPLIES OR SERVICES AND PRICES 1-1

1.1 SCOPE OF WORK 1-1

1.2 PERIOD OF PERFORMANCE 1-1

1.3 NFS 1852.216-78 FIRM FIXED PRICE (DEC 1988) 1-1

1.4 JPI 52.216-90 IDIQ MINIMUM AND MAXIMUM

ORDERING LIMITS (AUG 2013)

1-1

1.5 RATES TABLE FOR DEVELOPING TASK

ORDERS

1-1

1.6 CONTRACT VALUE 1-2

SECTION 2 CONTRACT TERMS AND CONDITIONS 2-1

2 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -

COMMERCIAL ITEMS (MAY 2015)

2-1

SECTION 2.A ADDENDUM TO FAR 52.212-4

CONTRACT TERMS AND CONDITIONS -

COMMERCIAL ITEMS (MAY 2015)

2-8

2.A.1 LISTING OF CLAUSES INCORPORATED

BY REFERNCE

2-8

2.A.2 FAR 52.216-18 ORDERING (OCT 1995) 2-9

2.A.3 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995) 2-9

2.A.4 SUBMISSION OF INVOICES FOR FIXED-

PRICE SERVICES

2-10

2.A.5 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995) 2-10

2.A.6 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES

(APR 1984)

2-11

2.A.7 NFS 1852.215-84 OMBUDSMAN (NOV 2011) 2-11

2.A.8 NFS 1852.216-80 TASK ORDERING PROCEDURES (OCT

1996) 2-12

2.A.9 NFS 1852.225-70 EXPORT LICENSES (FEB 2000) 2-13

2.A.10 NFS 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE

CONTRACT) (MAR 1989)

2-13

2.A.11 NFS 1852.203-71 REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER

RIGHTS (AUG 2014)

2-15

SECTION 3 CONTRACT TERMS AND CONDITIONS 3-1

3.1 LISTING OF CLAUSES INCORPORATED

BY REFERNCE

3-1

3.2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS

REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS-

COMMERCIAL ITEMS (JUN 2016)

3-2

SECTION 4 CONTRACT DOCUMENTS, EXHIBITS

OR ATTACHMENTS

4-1

ATTACHMENT

4-1

ATTACHMENT 4-1: STATEMENT OF

WORK

A 4-1

ATTACHMENT

4-2

ATTACHMENT 4-2: LIST OF

DOCUMENTS, EXHIBITS, AND OTHER

ATTACHMENTS

A 4-2

SECTION 5 INSTRUCTIONS TO OFFERORS –

COMMERCIAL ITEMS

5-1

5.1 FAR 52.252-1 SOLICITATION PROVISIONS

INCORPORATED BY REFERENCE (OCT

2015)

5-1

5.2 JSC

PROCUREMENT

INSTRUCTION

52.215-109

PROPOSAL MARKING AND DELIVERY

(AUG 2012)

5-2

5.3 FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 5-3

5.4 FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006) 5-3

5.5 FAR 52.252-5 AUTHORIZED DEVIATIONS IN

PROVISIONS (APR 1984)

5-4

5.6 COMMUNICATIONS REGARDING THIS

SOLICITATION

5-4

5.7 OFFEROR ACCEPTANCE PERIOD 5-5

5.8 NFS 1852.215-81 PROPOSAL PAGE LIMITATION (APR

2015) 5-5

5.9 JSC

PROCUREMENT

INSTRUCTION

52.215-112

STREAMLINED PROCUREMENT

PROPOSAL INSTRUCTIONS

(PERFORMANCE PRICE TRADEOFF

(PPT)) (FEB 2014)

5-6

5.9.1 TECHNICAL ACCEPTABILITY FACTOR

(Volume I)

5-6

5.9.2 PAST PERFORMANCE (VOLUME II) 5-7

5.9.3 PRICE PROPOSAL (VOLUME III) 5-8

5.9.4 RESPONSIBILITY CONSIDERATIONS

(VOLUME IV)

5-8

5.9.5 MODEL CONTRACT (VOLUME IV) 5-10

5-1

ATTACHMENT 5-1 SAMPLE SCENARIO

A 5-1

5-2

ATTACHMENT 5-2: PAST

PERFORMANCE QUESTIONNAIRE

A 5-2

SECTION 6 EVALUATION FACTORS FOR AWARD 6-1

6.0 JSC

PROCUREMENT

INSTRUCTION

52.215-122

STREAMLINED PROCUREMENT

EVALUATION FACTORS FOR AWARD

(PERFORMANCE PRICE TRADEOFF

(PPT)) (FEB 2014)

6-1

6.1 PERFORMANCE PRICE TRADEOFF

(PPT) EVALUATION FACTORS FOR

AWARD

6-1

6.1.1 TECHNICAL ACCEPTABILITY FACTOR

(VOLUME I)

6-2

6.1.2 PAST PERFORMANCE FACTOR

(VOLUME II)

6-2

6.1.3 PRICE FACTOR (VOLUME III)

6-4

6.1.4 RESPONSIBILITY CONSIDERATIONS

(VOLUME IV)

6-5

SECTION 7 REPRESENTATIONS, CERTIFICATION

AND OTHER STATEMENTS

7-1

7.1 FAR 52.212-3 OFFEROR REPRESENTATIONS AND

CERTIFICATIONS- COMMERCIAL ITEMS

7-1

7.2 LISTING OF CLAUSES INCORPORATED

BY REFERNCE

7-22

7.3 FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE

DETERMINATION (APR 1985)

7-23

7.4 FAR 52.204-20 PREDECESSOR OF OFFEROR (JUL

2016)

7-24

7.5 FAR 52.209-5 CERTIFICATION REGARDING

RESPONSIBILITY MATTERS (OCT 2015)

7-25

7.6 FAR 52.209-7 INFORMATION REGARDING

RESPONSIBILITY MATTERS (JUL 2013)

7-27

7.7 FAR 52.209-11 REPRESENTATION BY

CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY

FEDERAL LAW (FEB 2016)

7-29

7.8 FAR 52.215-6 PLACE OF PERFORMANCE (OCT 1997) 7-30

7.9 FAR 52.219-1 ALT

SMALL BUSINESS PROGRAM

REPRESENTATIONS- ALTERNATE 1

7-31

7.10 FAR 52.222-22 PREVIOUS CONTRACTS AND

COMPLIANCE REPORTS (FEB 1999)

7-35

7.11 FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE

(APR 1984)

7-35

7.12 FAR 52.226-2 HISTORICALLY BLACK COLLEGE OR

UNIVERSITY AND MINORITY

7-35

INSTITUTION REPRESENTATION (OCT

2014)

RFP NNJ17598394R SECTION 1

1-1

SECTION 1 – SUPPLIES OR SERVICES AND PRICES

1.1 SCOPE OF WORK

The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to perform the requirements set forth in the Statement of Work incorporated in Section 4 as Attachment 4.1.

(End of clause)

1.2 PERIOD OF PERFORMANCE

The period of performance for the contract shall be from July 1st, 2017 to June 30th, 2022.

1.3 NFS 1852.216-78 FIRM FIXED PRICE (DEC 1988)

The total firm fixed price of this contract is TBD.

1.4 JSC Procurement Instruction 52.216-90 IDIQ MINIMUM AND MAXIMUM

ORDERING LIMITS (AUG 2013)

In accordance with FAR 52.216-22, Indefinite Quantity, the guaranteed minimum to be ordered under this contract is $25,000.00 and the maximum which may be ordered under this contract is $2,500,000.00. This value is based on price. The Government is not obligated to order more than the minimum specified, but may order up to the maximum. The Contractor is obligated to fulfill orders issued, up to the maximum quantity.

1.5 RATES TABLE FOR DEVELOPING TASK ORDERS

The following rates will remain fixed for the duration of this contract to develop the firm fixed price task orders issued hereunder. The rates below shall comprise the fixed price value of a particular task order issued under this contract for the period of performance of July 1st, 2017 to June 30th, 2022.

Description Contract Year 1 Rate

Contract Year 2 Rate

Contract Year 3 Rate

Contract Year 4 Rate

Contract Year 5 Rate

Individual Projects Offeror Fill-in Offeror Fill-in Offeror Fill-in Offeror Fill-in Offeror Fill-in

Training Offeror Fill-in Offeror Fill-in Offeror Fill-in Offeror Fill-in Offeror Fill-in

Annual Report Offeror Fill-in Offeror Fill-in Offeror Fill-in Offeror Fill-in Offeror Fill-in

Total Task Order Rate Offeror Fill-in Offeror Fill-in Offeror Fill-in Offeror Fill-in Offeror Fill-in

RFP NNJ17598394R SECTION 1

1-2

1.6 CONTRACT VALUE

This clause identifies the total fixed-price to be paid to the Contractors for acceptable performance of all services described in issued orders. This clause will be updated on a periodic basis to reflect the value of issued orders.

a. The cumulative total value of firm-fixed price Task Orders issued under this contract is

TBD.

b. This clause shall be periodically updated unilaterally to reflect the maximum price of all issued task orders.

[END OF SECTION]

RFP NNJ17598394R SECTION 2

2-1

SECTION 2 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL

ITEMS (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113304 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137572

2-2 occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-

34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part

1315.

h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

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(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see

52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by

33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting

Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

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(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the

Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031326

2-5 remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the

Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

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(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of

Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the

Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that

Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

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(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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

2-8

SECTION 2.A – ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -

COMMERCIAL ITEMS (MAY 2015)

2.A.1 LISTING OF CLAUSES INCORPORATED BY REFERNCE

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

I. Federal Acquisition Regulation (48 CFR CHAPTER 1) Clauses

CLAUSE

NUMBER

DATE TITLE

52.246-4 Aug 1996

INSPECTION OF SERVICES – FIXED PRICE

52.242-15 Aug 1989 STOP-WORK ORDER

52.242-17 Apr 1984 GOVERNMENT DELAY OF WORK

52.247-34 Jan 1991 F.O.B. DESTINATION

52.204-19 Dec 2014 INCORPORATION BY REFERENCE REPS AND

CERTS

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

CLAUSE

NUMBER

DATE TITLE

1852.216-84 Nov 2011 OMBUDSMAN

1852.237-72

Jun 2005 ACCESS TO SENSITIVE INFORMATION

1852.237-73 Jun 2005 RESLEASE OF SENSITIVE INFORMATION

1852.223-75 Feb 2002 MAJOR BREACH OF SAFETY OR SECURITY

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2.A.2 FAR 52.216-18 ORDERING (OCT 1995)

(a) Any services to be furnished under this contract shall be ordered by issuance of task orders by the individuals or activities designated in the Schedule. Such orders may be issued from July

1, 2017 through June 30, 2022.

(b) All task orders are subject to the terms and conditions of this contract. In the event of conflict between a task order and this contract, the contract shall control.

(c) If mailed, task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

2.A.3 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _$3,000____ the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

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

(2) Any order for a combination of items in excess of _$1,000,000_____

(3) A series of orders from the same ordering office within ___1___day that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within __5__ days after issuance, with written notice stating the

Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

https://www.acquisition.gov/sites/default/files/current/far/html/52_216.html#wp1115057

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2.A.4 SUBMISSION OF INVOICES FOR FIXED-PRICE SERVICES

Invoices shall be submitted concurrently to the NASA Shared Services Center (NSSC) and the

Contracting Officer; the invoices shall be prepared and submitted in duplicate unless otherwise specified. The firm-fixed price will be paid based on the completion of milestones. The milestones will be defined in the individual task orders. Invoices shall contain the following information as applicable: contract and order number, items number, description of supplies or services, sizes, quantities, unit prices, and totals.

In the event that amounts are withheld from payment, a separate invoice for the amount withheld will be required before payment on that amount may be made. Official invoices shall be mailed to the NSSC as indicated below:

NSSC

Financial Management Division (FMD) Accounts Payable Bldg. 1111, C. Road Stennis Space Center, MS 39529 Email: NSSC-AccountsPayable@nasa.gov Fax: (866) 209-5415

A concurrent copy of the invoice shall be emailed to the Contract Specialist indicated below:

NASA Jonson Space Center Attn: OITS Contract Specialist/BH e-mail: marta.choma@nasa.gov 2101 NASA Parkway Houston, TX 77058-3696

Electronic submission of invoices to the NSSC via e-mail is preferred.

2.A.5 FAR 52.216-22 INDEFINITE QUANTITY (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.

mailto:NSSC-AccountsPayable@nasa.gov mailto:marta.choma@nasa.gov

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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 June 30, 2022.

(End of clause)

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

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR

Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any NASA FAR Supplement Regulation (48 CFR

18) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

2.A.7 NFS 1852.215-84 OMBUDSMAN (NOV 2011)

(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 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.

http://prod.nais.nasa.gov/pub/pub_library/Omb.html

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2.A.8 NFS 1852.216-80 TASK ORDERING PROCEDURES (OCT 1996)

(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.

(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 5 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 5 calendar days after receipt of the task order.

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

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

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(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 clause)

2.A.9 NFS 1852.225-70 EXPORT LICENSES (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 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 [insert name of NASA installation], where the foreign person will have access to export-controlled technical data or software.

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

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

(End of clause)

2.A.10 NFS 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (MAR 1989)

(a) Of the total price of items contained within the Statement of Work, the sum of (TBD) is presently available for payment and allotted to this contract. It is anticipated that from time to time additional funds will be allocated to the contract in accordance with the following schedule, until the total price of said items is allotted:

SCHEDULE FOR ALLOTMENT OF FUNDS

Date TBD Amounts TBD

Contracting Officer to insert before award

(b) The Contractor agrees to perform or have performed work on the items specified in paragraph (a) of this clause up to the point at which, if this contract is terminated pursuant to the

Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause would, in the exercise of reasonable judgment

2-14 by the Contractor, approximate the total amount at the time allotted to the contract. The

Contractor is not obligated to continue performance of the work beyond that point. The

Government is not obligated in any event to pay or reimburse the Contractor more than the amount from time to time allotted to the contract, anything to the contrary in the Termination for

Convenience of the Government clause notwithstanding.

(c) (1) It is contemplated that funds presently allotted to this contract will cover the work to be performed until Contracting Officer to insert before award.

(2) If funds allotted are considered by the Contractor to be inadequate to cover the work to be performed until that date or an agreed date substituted for it, the Contractor shall notify the Contracting Officer in writing when within the next 60 days the work will reach a point at which, if the contract is terminated pursuant to the Termination for Convenience of the

Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause will approximate 75 percent of the total amount then allotted to the contract.

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

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

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

(d) When additional funds are allotted from time to time for continued performance of the work under this contract, the parties shall agree on the applicable period of contract performance to be covered by these funds. The provisions of paragraphs (b) and (c) of this clause shall apply to these additional allotted funds and the substituted date pertaining to them, and the contract shall be modified accordingly.

(e) If, solely by reason of the Government's failure to allot additional funds in amounts sufficient for the timely performance of this contract, the Contractor incurs additional costs or is delayed in the performance of the work under this contract, and if additional funds are allotted, an equitable adjustment shall be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the items to be delivered, or in the time of delivery, or both.

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(f) The Government may at any time before termination, and with the consent of the Contractor, after notice of termination, allot additional funds for this contract.

(g) The provisions of this clause with respect to termination shall in no way be deemed to limit the rights of the Government under the default clause of this contract. The provisions of this

Limitation of Funds clause are limited to the work on and allotment of funds for the items set forth in paragraph (a) of this clause. This clause shall become inoperative upon the allotment of funds for the total price of said work except for rights and obligations then existing under this clause.

(h) Nothing in this clause shall affect the right of the Government to terminate this contract pursuant to the Termination for Convenience of the Government clause of this contract.

(End of clause)

2.A.11 NFS 1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (AUG 2014)

(a) The Contractor shall inform its employees in writing, in the predominant native language of the workforce, of contractor employee whistleblower rights and protections under 10 U.S.C.

2409, as described in subpart 1803.9 of the NASA FAR Supplement.

(b) The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts.

RFP NNJ17598394R SECTION 3

3-1

SECTION 3 – CONTRACT TERMS AND CONDITIONS

3.1 LISTING OF CLAUSES INCORPORATED BY REFERNCE

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

CLAUSE NUMBER DATE TITLE

52.202-1 Nov 2013 DEFINITIONS

52.203-3 Apr 1984 GRATUITIES

52.203-7 May 2014 ANTI-KICKBACK PROCEDURES

52.203-8 May 2014 CANCELLATION, RESCISSION, AND RECOVERY

OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY.

52.203-12 Oct 2010 LIMITATION ON PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS

52.204-10 Oct 2015 REPORTING EXECUTIVE COMPENSATION AND

FIRST TIER SUBCONTRACT AWARDS

52.204-12 Dec 2012 DATA UNIVERSAL NUMBERING SYSTEM

NUMBER MAINTENANCE

52.204-13 Jul 2013 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

52.204-14 Jul 2016 OWNERSHIP OR CONTROL OF OFFEROR

52.204-21 Jun 2016 BASIC SAFEGUARDING OF COVERED

CONTRACTOR INFORMATION SYSTEMS

52.209-10 Nov 2015 PROHIBITION ON CONTRACTING WITH

INVERTED DOMESTIC CORPORATIONS

52.211-11 Sept 2000 LIQUIDATED DAMAGES- SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT

52.217-2 Oct 1997 CANCELLATION UNDER MULTIYEAR CONTRACT

52.222-1 Feb 1997 NOTICE TO THE GOVERNMENT OF LABOR

DISPUTES

52.224-1 Apr 1984 PRIVACY ACT NOTIFICATION

52.224-2 Apr 1984 Act PRIVACY ACT

52.227-1 Dec 2007 AUTHORIZATION AND CONSENT

52.227-2 Dec 2007 NOTICE AND ASSISTANCE REGARDING PATENT

AND COPYRIGHT INFRINGEMENT

52.229-3 Feb 2013 FEDERAL, STATE, AND LOCAL TAXES

52.232-1 Apr 1984 PAYMENTS

52.232-8 Feb 2002 DISCOUNT FOR PROMPT PAYMENT

52.232-11 Apr 1984 EXTRAS

52.232-17 May 2014 INTEREST

52.232-18 Apr 1984 AVAILABILITY OF FUNDS

52.232-23 May 2014 ASSIGNMENT OF CLAIMS

52.232-25 Jul 2013 PROMPT PAYMENT

52.232-39 Jun 2013 UNENFORECEABILITY OF UNAUTHORIZED

OBLIGATIONS

52.233-1 May 2014 DISPUTES

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52.233-3 Aug 1996 Award PROTEST AFTER AWARD

52.233-4 Oct 2004 APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM

52.237-3 CONTINUITY OF SERVICES

52.242-13 Jul 1995 BANKRUPTCY

52.243-1 Aug 1987 CHANGES- FIXED PRICE

52.244-6 Jun 2016 SUBCONTRACTS FOR COMMERCIAL ITEMS

52.249-2 Apr 2012 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED PRICE)

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

52.251-1 Apr 2012 GOVERNMENT SUPPLY SOURCES

52.252-2 Feb 1998 CLAUSES INCORPORATED BY REFERENCE

52.253-1 Jan 1991 COMPUTER GENERATED FORMS

1852.237-72 Jun 2005 ACCESS TO SENSITIVE INFORMATION

1852.237-73 Jun 2005 RELEASE OF SENSITIVE INFORMATION

3.2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS- COMMERCIAL ITEMS (JUN 2016)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-

78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I

(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section

743 of Div. C).

https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1144881 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141649 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151163

3-3

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan

2014) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I…