NNK16552269R_Section_B-M.docx

NASA/KSC SOLICITATION NNK16552269R

SECTION M – EVALUATION FACTORS FOR AWARD

CLAUSES, PROVISIONS, PRICE SCHEDULE & SCOPE OF WORK

Simplified Acquisition of Basic Engineering Requirement (SABER) Kennedy Space Center, FL

TABLE OF CONTENTS

B.1 CONSTRUCTION SERVICES AND PRICES

Line Item Description Unit Total

Coefficient for KSC SABER IDIQ Contract. The contractor shall furnish all personnel, equipment, tools, materials, supervision, incidental design services, and other items necessary to design, manage, and accomplish a broad range of repair, alteration, and/or new construction work on various NASA real property facilities at the John F. Kennedy Space Center, and Cape Canaveral Air Force Station

(Performance will be 365 Calendar Days from the end of the base year) Coefficient for KSC SABER IDIQ Contract. The contractor shall furnish all personnel, equipment, tools, materials, supervision, incidental design services, and other items necessary to design, manage, and accomplish a broad range of repair, alteration, and/or new construction work on various NASA real property facilities at the John F. Kennedy Space Center, and Cape Canaveral Air Force Station

(Performance will be 365 Calendar Days from the end of the Option Year 1) Coefficient for KSC SABER IDIQ Contract. The contractor shall furnish all personnel, equipment, tools, materials, supervision, incidental design services, and other items necessary to design, manage, and accomplish a broad range of repair, alteration, and/or new construction work on various NASA real property facilities at the John F. Kennedy Space Center, and Cape Canaveral Air Force Station

(Performance will be 365 Calendar Days from the end of the Option Year 2) Coefficient for KSC SABER IDIQ Contract. The contractor shall furnish all personnel, equipment, tools, materials, supervision, incidental design services, and other items necessary to design, manage, and accomplish a broad range of repair, alteration, and/or new construction work on various NASA real property facilities at the John F. Kennedy Space Center, and Cape Canaveral Air Force Station

(Performance will be 365 Calendar Days from the end of the Option Year 1) Coefficient for KSC SABER IDIQ Contract. The contractor shall furnish all personnel, equipment, tools, materials, supervision, incidental design services, and other items necessary to design, manage, and accomplish a broad range of repair, alteration, and/or new construction work on various NASA real property facilities at the John F. Kennedy Space Center, and Cape Canaveral Air Force Station

B.2 CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum amount of work to be ordered under this contract will be $5,000. The maximum amount of work to be ordered under this contract will be $20,000,000

B.3 NFS 1852.216-78 FIRM FIXED PRICE (DECEMBER 1988)

The total firm fixed price of this contract is $5,000.00.

(End of clause)

*** THIS AREA HAS INTENTIONALLY BEEN LEFT BLANK ***

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SEE ATTACHMENT 1 DESCRIPTION/SPECIFICATION/WORK STATEMENT (SECTION C)

SECTION C – DESCRIPTION/SPECIFICATION/WORK STATEMENT

SECTION D – PACKAGING AND MARKING

E. 1 LISTING OF FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of the below clause may be accessed electronically at this address:

http://acquisition.gov/far/index.html

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

G.1 NASA FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 18) CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of the below clause may be accessed electronically at this address:

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

G.2 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. NASA has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 – 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered / received by the Contractor on (date). The Contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

G.3 AUTHORITIES AND DELEGATIONS

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer’s Representative (COR) at time of award. The COR will be responsible for technical monitoring of the Contractor’s performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor’s right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR’s appointment, within 3 days of the occurrence.

(e) The Contracting Officer shall respond in writing within 10 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor’s risk.

G.4 CONTRACT ADMINISTRATION

TASK ORDER CONTRACTING OFFICER AND CONTRACTING OFFICER’S REPRESENTATIVE :

The Government shall designate a task order Contracting Officer (CO) and Contracting Officer’s Representative(s) (COR) for each individual task order.

CONTRACTOR’S CONTRACT ADMINISTRATION INFORMATION

To Be Completed By The Contractor:

Name and Title of Contract Administrator: _______________________________________

Responsible Office:____________________________________

Address:_____________________________________________

Telephone Number:____________________________________

Email: ______________________________________________

Cage Code:__________________________________________

Duns Number: _______________________________________

Tax Identification Number:______________________________

INDIVIDUAL(S) AUTHORIZED TO NEGOTIATE OR DISCUSS TASK ORDER PROPOSALS

Name of Primary: _______________________ Name of Alternate: _______________________

Address:_______________________________ Address:________________________________

Telephone #:____________________________ Telephone #:____________________________

Alternate #:_____________________________ Alternate #:_____________________________

Fax No:________________________________ Fax No: ________________________________

Email:_________________________________ Email:__________________________________

G.5 TRAVEL

All travel to be performed in connection with the services to be rendered under this Contract shall be included in the price for each individual Task Order.

G.6 ORAL COMMENTS

Oral comments provided by any party, including but not limited to Government personnel, contractors, etc., at any time shall not be binding. If the Contractor receives information orally that they believe changes the requirements of the contract or task orders they shall immediately submit, in writing, information regarding the issue to the Contracting Officer. Changes to the contract and task orders are not binding unless issued by the Contracting Officer as a formal written contract or task order modification.

G.7 TASK ORDER BONDS

Payment bond: The Contractor shall submit individual payment bonds for task orders priced over $35,000. Payment Bonds shall be for 100% the task order award.

Performance bond: The Contractor shall submit individual performance bonds for task orders priced over $150,000. Performance Bonds shall be for 100% of the task order award.

SECTION G – CONTRACT ADMINISTRATION DATA

H. 1 NASA FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 18) CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of the below clauses may be accessed electronically at this address:

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

Fill-in: NASA’s Kennedy Space Center February 2000

H.2 NFS 1852.243-72 EQUITABLE ADJUSTMENTS (APR 1998)

(a) The provisions of all other clauses contained in this contract which provide for an equitable adjustment, including those clauses incorporated by reference with the exception of the "Suspension of Work" clause (FAR 52.242-14), are supplemented as follows:

Upon written request, the Contractor shall submit a proposal for review by the Government. The proposal shall be submitted to the contracting officer within the time limit indicated in the request or any extension thereto subsequently granted. The proposal shall provide an itemized breakdown of all increases and decreases in the contract for the Contractor and each subcontractor in at least the following detail: material quantities and costs; direct labor hours and rates for each trade; the associated FICA, FUTA, SUTA, and Workmen's Compensation Insurance; and equipment hours and rates.

(a) The overhead percentage cited below shall be considered to include all indirect costs including, but not limited to, field and office supervisors and assistants, incidental job burdens, small tools, and general overhead allocations. "Commission" is defined as profit on work performed by others. The following percentages for overhead, profit, and commission are negotiated for this contract according to the nature, extent, and complexity of the work involved and shall not be exceeded on any equitable adjustments. These rates are negotiable, downward only, if the nature, extent, and complexity of the work involved on an equitable adjustment are not commensurate with the basic contract.

(c) Not more than four percentages for overhead, profit, and commission shall be allowed regardless of the number of subcontractor tiers.

(d) The Contractor or subcontractor shall not be allowed overhead or commission on the overhead, profit, and/or commission received by its subcontractors.

(e) Equitable adjustments for deleted work shall include credits, limited to the same percentages for overhead, profit, and commission in paragraph (b) of this clause.

(f) On proposals covering both increases and decreases in the amount of the contract, the application of the overhead, profit, and commission shall be on the net change in direct costs for the Contractor or the subcontractor performing the work.

(g) After receipt of the Contractor's proposal, the contracting officer shall act within a reasonable period, provided that when the necessity to proceed with a change does not permit time to properly check the proposal, or in the event of a failure to reach an agreement on a proposal, the contracting officer may order the Contractor to proceed on the basis of the price being determined at the earliest practicable date. In such a case, the price shall not be more than the increase or less than the decrease proposed.

H.3 KSC 52.223-121 REPORTING OF INCIDENTS INVOLVING WORKPLACE VIOLENCE (JUL 2008) The contractor shall conduct training on and develop procedures for recognizing, managing and responding to incidents and threats of workplace violence as defined in NASA Policy Directive (NPD) 1600.3. Contractors shall also promptly report all incidents involving workplace violence to the Protective Services Office. If the NASA Workplace Violence Prevention and Response (WVPR) Team Chair and Co-Chair determine it is appropriate for the contractor to participate in a WVPR Team meeting, the contractor shall comply with the WVPR Team request. The contractor is also responsible for reporting disposition of the incident reported to the NASA WVPR Team.

This requirement shall flow down to the subcontractors, however the subcontractors shall report up through the prime contractor.

(End of clause)

H.4 KSC 52.242-90 CONTROLS APPLICABLE TO CONTRACTORS’ ACTIVITIES (SEPT 2012)

The Contractor shall comply with the publications below, and subsequent revision thereof, that the Contracting Officer has indicated as being incorporated in this contract by reference. These publications prescribe regulatory and procedural criteria which are applicable to this contract. The contractor shall promptly take corrective action upon notice of noncompliance from the Contracting Officer or his/her authorized representative(s) with any provision of the publications listed below.

The following compliance documents may be found at: http://tdglobal.ksc.nasa.gov/ReferencedDocuments/

X

(End of Clause)

H.5 KSC 52.242-93 CONTRACTOR WORKFORCE REPORT – ONSITE

CONTRACTORS AND SUBCONTRACTORS (OCT 2006) (ALT 1) (JUL 2011)

The Contractor shall submit, on a quarterly basis, a manpower report delineating information about its workforce. The report shall include: the contract number, the contractor's total on-site workforce, total on-site union represented employees by bargaining unit; total on-site non-union represented employees, and total off-site workforce performing on the contract. The Contractor shall provide this information no later than 10 days after the close of each reporting period which end March 31st, June 30th, September 30th, and December 31st. The report shall be submitted to the Contracting Officer with copies to Workforce Planning and Analysis Office, (Code BA-D) and Industrial Labor Relations Office (Code OP).

The Contractor is required to maintain information on specific Points of Contact (POC) for the contracted effort in a NASA managed database. The database contains POC information for specific Contractor functions to include: Local Contractor Manager and Deputy (senior on-site contract management POCs for top level NASA KSC contact), Contracting Manager (this is the interface on contract matters with the NASA Contracting Officer), HR Manager, Security Manager, Emergency Planning Manager (or identification/contact information for the Contractor manager performing this role), and the person responsible for input of this Contractor information into the database. Within three weeks of contract award the Contractor shall provide the name of the person who will enter the POC information into the NASA database to the Contracting Officer and to NASA Procurement Policy and Review Office, OP-AM, 867-7217. This person must be able to access (or be scheduled to gain access to) KSC systems. Access to the database and instruction will be provided to the Contractor by OP-AM. Upon commencement of the contract the Contractor will be responsible for keeping the POC information pertaining to the specific contract accurate and up to date. Changes to the person responsible for input of this Contractor POC information must be immediately brought to the attention of OP-AM.

H.6 SAFETY AND HEALTH (DEC 2015)

Pursuant to NFS 1852.223-70, Safety and Health Measures and Mishap Reporting:

(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: the public, astronauts and pilots, the NASA workforce (including contractor employees working on NASA contracts), and high-value equipment and property.

(b) The Contractor shall take all reasonable safety and occupational health measures in performing this contract. 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;

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 adequacy of the Contractor’s safety and occupational health measures.

(c) Kennedy Space Center Voluntary Protection Program (VPP)

Kennedy Space Center has implemented a comprehensive safety and health management system, and has demonstrated its commitment to providing and maintaining a safe workplace by successfully completing a rigorous evaluation process to achieve recognition by the Occupational Health and Safety Administration (OSHA) as a “Voluntary Protection Program (VPP) Star Worksite.” The VPP program promotes effective worksite-based safety and health, encourages employers and employees to reduce the number of occupational safety and health hazards at their places of employment, establishes cooperative relationships between management, labor, and OSHA, and serves to augment limited OSHA resources.

(d) Reporting Procedures for Close Calls and Mishaps

(Also reference NFS 1852.223-70, Safety and Health Measures and Mishap Reporting)

The contractor shall submit a NASA Direct Construction Contractor Mishap Report Form (KDP-F-3645) to the Contracting Officer to document close calls or mishaps and associated corrective actions. In addition, the Contracting Officer will issue a “Notice of Violation” to document safety violations under this contract. The Contractor shall use the form provided to communicate actions taken to correct or mitigate safety/health non-conformance at the job-site, as well as any corrective actions taken to prevent recurrence. This report must be posted on the job site until all corrective actions have been completed.

In the event the non-compliance poses imminent danger, the Contracting Officer may invoke the stop-work order clause in this contract until such time as the immediate hazard has been mitigated. If the Contractor fails or refuses to institute prompt corrective action, the Contracting Officer may:

(i) invoke the stop-work order clause;

(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.

The Contractor (or subcontractor or supplier) shall insert the “Reporting Procedures for Close Calls and Mishaps” section of this clause, including this paragraph and any applicable Schedule provisions and clauses, with appropriate changes of designations of the parties, in all solicitations and subcontracts of every tier, when the work will be conducted completely or partly on premises owned or controlled by the Government.

H.7 SPECIAL ENCLAVE STATUS FOR KENNEDY SPACE CENTER (JUL 2014)

The Kennedy Space Center (KSC) is part of a special enclave within Brevard County which includes the geographic area consisting of KSC, Cape Canaveral Air Force Station, and Patrick Air Force Base, as specified in the attached wage determination. The Department of Labor (DOL) designated KSC as a part of this special enclave in the 1960’s during construction of the launch complex. The labor classifications and prevailing wages differ significantly from those contained in wage determinations for the surrounding areas; and, the process of determining the proper labor classifications for work to be performed may differ significantly from that in a non-enclave environment. Offerors should contact the DOL for instructions concerning selection of proper labor classifications for all KSC construction projects within this special enclave. The DOL local office phone numbers are (321) 242-1851/office and (321) 614-8823/mobile.

The selection of the proper labor classifications from the solicitation’s wage determination for the pricing of bids/proposals is the responsibility of the offeror in consultation with the DOL. Post award the contractor should continue to be aware of any potential impact KSC’s special enclave status might have during contract performance (e.g. contract modifications). It is incumbent upon the offeror to make potential subcontractors aware of KSC’s special enclave status and to instruct them to contact DOL for instructions for choosing the proper labor classifications. The Agency will not make any official determination as to the proper labor classifications for work described in this solicitation.

The successful offeror shall be solely responsible for the employment of workers with the proper skills and payment of them in accordance with FAR 52.222-6, Davis-Bacon Act, and the solicitation’s wage determination. The Agency will monitor contractor compliance in accordance with 29 CFR 5.5. Non-compliance will be reported to the DOL. DOL will determine compliance with the Act and decide on enforcement actions. Any disputes concerning labor standards requirements will be handled by the DOL in accordance with FAR 52.222-14, Disputes Concerning Labor Standards.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

I. 1 CLAUSES INCORPORATED BY REFERENCE (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://acquisition.gov/far/index.html http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm

Fill-In – Para b(3): Inspector General Hotline Poster(s) may be obtained from NASA Office of Inspector General, Code W, Washington, DC, 20546-0001, (202)358-1220

FAR 52.204-9

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

Fill-In: (b)(1) Cost data (e.g., established catalog or market prices, vendor quotes, sales to governmental and non-governmental entities, etc.) to the extent necessary for the Contracting Officer to determine a fair and reasonable price. All cost/pricing data shall be submitted in MS Excel format. Access to records necessary to permit an adequate evaluation of the proposed price shall be provided the Contracting Officer.

FAR 52.222-27

AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)

Fill-In – Para (a): Payment Bond Fill-In – Para (c): Ten (10) days

Submit Invoices To:

Financial Management Division (FMD) – Accounts Payable Bldg. 1111, C. Road Stennis Space Center, MS 39529

FAX: 866-209-5415

Email: NSSC-AccountsPayable@nasa.gov

Procurement Office, Code OP-ES-B Kennedy Space Center, FL 32899

Any questions related to payment via Electronic Funds Transfer (EFT) should be directed to:

Designated Paying Office NASA Shared Services Center (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

I. 2 NASA FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 18) CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of the below clauses may be accessed electronically at this/these address(es):

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

Fill-in: (a) (Cognizant SBA District Office to be inserted at contract award)

Fill-in: (d)(2) (SBA contractor name to be inserted at contract award)

I.3 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within (TO BE CITED ON EACH TASK ORDER) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than (TO BE CITED ON EACH TASK ORDER) The time stated for completion shall include final cleanup of the premises.

(End of clause)

ALTERNATE I (APR 1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by (TO BE CITED ON EACH TASK ORDER). The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of clause)

I.4 FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from (DATE OF CONTRACT AWARD) through (365 CALENDAR DAYS AFTER AWARD).

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

(c) If mailed, a delivery order or 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)

I.5 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 $2,000.00 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 $5,000,000.

(2) Any order for a combination of items in excess of $20,000,000

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (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 calendar 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.

(End of Clause)

I.6 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.

(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 ONE YEAR AFTER THE END OF THE ORDERING PERIOD (End of Clause)

I.7 FAR 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 AT LEAST 30 DAYS BEFORE THE CONTRACT EXPIRES; 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)

I.8 FAR 52.219-17 SECTION 8(A) AWARD (DEC 1996)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements and advance payments, delegates to the NASA/KSC OP-ES Contracting Officer the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the NASA/KSC OP-ES Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the NASA/KSC OP-ES Contracting Office.

(End of Clause)

I.9 FAR 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN 2003)--ALTERNATE I (APR 2005)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer--

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(3) The offeror's approved business plan is on the file and serviced by US SMALL BUSINESS ADMINISTRATION JACKSONVILLE, FL or MIAMI, FL.

(b) By submission of its offer, the Offeror certifies that it meets all of the criteria set forth in paragraph

(a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The SUCCESSFUL CONTRACTOR will notify the OP-ES Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(End of clause)

I.10 FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED

MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008) ALTERNATE I (MAY 2008)

(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered…