Clauses_02_Amendment_RFP.pdf

Kennedy Institutional Support Services (KISS) IV: Amendment 02 NNK16585040R

TABLE OF CONTENTS

SECTION 1: CONTINUATION OF SF 1449

1.1 Scope of Work 6

1.1.1 Performance Requirement 6

1.1.2 Work Authorization 7

1.1.3 Management Plans 9

1.2 Period of Performance 10

1.3 Place of Performance - Services 10

1.4 Hourly Rates, Contract Value 10

1.4.1 Contract Table 1.4.1: Rate Schedule 11

1.4.2 Contract Table 1.4.2: ODC Rate Schedule 12

1.4.3 Contract Table 1.4.3: Contract Value 13

SECTION 2: ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS

COMMERCIAL ITEMS

2.1 52.252-2 Clauses Incorporated by Reference (FEB 1998) 14

2.2 52.216-18 Ordering. (OCT 1995) 15

2.3 52.216-19 Order Limitations. (OCT 1995) 15

2.4 52.216-22 Indefinite Quantity. (OCT 1995) 16

2.5 52.217-8 Option to Extend Services. (NOV 1999) 16

2.6 52.217-9 Option to Extend the Term of the Contract. (MAR 2000) 16

2.7 52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns (JUN 2003)

2.8 52.219-28 Post-Award Small Business Program Rerepresentation.

(JUL 2013)

2.9 52.232-19 Availability of Funds for the Next Fiscal Year. (APR 1984) 19

2.10 1852.204-76 Security Requirements for Unclassified Information Technology Resources. (JAN 2011)

2.11 1852.209-71 Limitation of Future Contracting. (DEC 1988) 21

2.12 1852.215-84 Ombudsman. (NOV 2011) -- Alternate I (JUN 2000) 22

2.13 1852.216-80 Task Ordering Procedure. (OCT 1996) 23

2.14 Submission of Invoices for Fixed-Price Services 24

2.15 1852.223-72 Safety and Health (Short Form). (JUL 2015) 25

2.16 1852.225-70 Export Licenses. (FEB 2000) – Alternate I (FEB 2000) 25

2.17 1852.235-71 Key Personnel and Facilities. (MAR 1989) 26

2.18 1852.237-72 Access to Sensitive Information. (JUN 2005) 26

2.19 1852.237-73 Release of Sensitive Information. (JUN 2005) 28

2.20 1852.242-72 Denied Access to NASA Facilities. (OCT 2015) 30

2.21 1852.245-71 Installation-accountable Government Property.

(JAN 2011) – Alternate I (JAN 2011)

2.22

KSC 52.223-

Reporting of Incidents Involving Workplace Violence

(JUL 2008)

2.23 KSC 52.242-90 Controls Applicable to Contractor's Activities (JUN 2016) 34

2.24 KSC 52.242-93

Contractor Workforce Report- Onsite Contractors and Subcontractors (OCT 2006) – Alternate I (JUL 2011)

2.25 KSC 52.245-90

Management of NASA Owned/Contractor-Held Records

(FEB 2012)

2.26 KSC 52.245-97 Records Management (MAR 2016) 36

SECTION 3: 52.212-5 ATTACHMENT

3.1 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items

(JUN 2016)

SECTION 4: CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

4.1 Contract Documents 45

4.1.1 Wage Determination 45

4.1.2 Contract Labor Category Job Description 45

4.1.3 Data Requirements List 45

4.1.3.1 DRD 001 Workforce Report 45

4.1.3.2 DRD 002

Management and Control Plan for Treatment and Access to Sensitive Information

4.1.3.3 DRD 003

Listing of Current Employees & Training Status Regarding Treatment of Sensitive Information

4.1.3.4 DRD 004 Bi-Weekly Activity Report 45

4.1.3.5 DRD 005 Advanced Notification of Workforce Reductions Report 45

4.1.3.6 DRD 006 Records Management Program Plan 45

4.1.3.7 DRD 007 Summary of Record Holdings and Transfers (File Plan) 45

4.1.3.8 DRD 008 Task Order Progress Report 45

4.1.3.9 DRD 009 Employee Desk Guide 45

4.1.3.10 DRD 010 Management Operating Plan 45

4.1.3.11 DRD 011 Safety and Health Plan 45

4.1.3.12 DRD 012 Contract Phase-in Plan 45

4.1.3.13 DRD 013 Resource Data Package 45

4.2 Contract Exhibits 45

4.2.1 Sample Task Order Performance Work Statement (PWS) for information only

4.3 Contract Attachments 45

4.3.1 Management Operating Plan 45

4.3.2 Organizational Conflict of Interest (OCI) Mitigation Plan 45

4.3.3 Safety and Health Plan 45

4.3.4 Phase-in Plan 45

SECTION 5: ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS -

COMMERCIAL ITEMS

5.1 52.252-1 Solicitation Provisions Incorporated by Reference

(FEB 1998)

5.2 52.209-5 Certification Regarding Responsibility Matters

(APR 2010)

5.3 52.209-7 Information Regarding Responsibility Matters (FEB 2012) 48

5.4 52.212-3 Offeror Representations and Certifications-Commercial Items (JUL 2016)

5.5 52.216-1 Type of Contract. (APR 1984) 67

5.6 Proposal Content 67

5.6.1 Volume I – Mission Suitability 68

5.6.1.1 Management Plan (Part I) 68

5.6.1.2 Technical Approach (Part 2) 68

5.6.2 Volume II – Price 69

5.6.2.1 Instructions for Preparation of the Price Proposal 69

5.6.2.2 Price Templates 70

5.6.2.3 Pricing Instruction, by worksheet tab 71

5.6.3 Volume III – Past Performance 72

5.6.4 Volume IV – Model Contract and Plans 73

5.6.4.1 Model Contract 73

5.6.4.2 Organizational Conflict of Interest (OCI) Mitigation Plan (Preliminary Analysis)

5.6.4.3 Safety and Health Plan (DRD 011) 77

5.7 Proposal Instructions 77

5.7.1 Proposal Preparation 77

5.7.2 1852.215-81 Proposal Page Limitations. (APR 2015) 77

5.7.3 Other Proposal Page Instructions 79

5.7.4 Copies of Proposals 79

5.7.5 KSC 52.214-90 Delivery Instructions For Bids/Proposals (MAR 2016) 79

5.8 52.233-2 Service of Protest. (SEP 2006) 80

5.9 1852.233-70 Protests to NASA. (DEC 2015) 80

SECTION 6: EVALUATION FACTORS FOR AWARD

6.1 52.212-2 Evaluation - Commercial Items. (OCT 2014) 81

6.1.1 Mission Suitability (Volume I) 82

6.1.2 Price (Volume II) 84

6.1.3 Past Performance (Volume III) 84

SECTION 1: CONTINUATION OF SF 1449

1.1 Scope of Work

The Contractor shall provide all resources necessary to provide institutional support services in areas such as technical training, clerical support, financial management support, personnel program activity, employee development and training, employee benefits, personnel action processing, procurement administration and analyst support, business systems support, and records management utilizing the labor categories listed in Section 4 Attachment 4.1.2, Contract Labor Category Job Description. The contractor shall provide these services throughout Kennedy Space Center (KSC) and other locations authorized by the contracting officer. The work shall be authorized on fixed price task orders each with specific statements of work.

1.1.1 Performance Requirement

The Contractor shall perform all the management functions, including technical and business management, necessary to plan, implement, track, report, and deliver the services described in the task order Performance Work Statement (PWS) in accordance with Section 2.13, 1852.216- 80, Task Ordering Procedure. Contractor management responsibilities and functions shall be defined and made part of Section 4, Attachment 4.3.1, Management Operating Plan. Contractor supervision shall be performed on-site by the program management team.

Contract management responsibilities include personnel matters relating to contractor employees, ensuring: the contractor/employee relationship with the assigned NASA organization is followed in accordance with the Contractor’s Management Operating Plan, delivered products meet the tasks identified in the task order PWS, and necessary training required for the on-site personnel to meet the requirements as identified in the task order PWS. The contractor shall provide insight into weekly status of all activities under contract in accordance with Section 4, Attachment 4.1.3.4, DRD 004, Bi-Weekly Activity Report. The Government reserves the right to require the Contractor to provide a backfill for personnel absences greater than five (5) workdays. The Contractor shall take all steps necessary to ensure a seamless transition between employees. The Contractor shall provide services outside normal business hours (nights, weekends, and holidays) on an as-needed basis with Contracting Officer approval.

In order to ensure protection, limit access, and maintain control of highly sensitive information, documents, electronic identities, and management information and data, the Contractor shall provide Sensitive Information Training and obtain nondisclosure statements from all personnel upon employment on contract per Section 4, Attachment 4.1.3.3, DRD 003, Listing of Current Employees and Training Status Regarding Treatment of Sensitive Information, and in compliance with the contractor’s Organizational Conflict of Interest (OCI) Mitigation Plan in Section 4, Attachment 4.3.2.

The contractor shall maintain a records management program and submit a records management program plan in accordance with Section 4, Attachment 4.1.3.6, DRD 006, Records Management Program Plan. The contractor shall submit an annual "Summary of Record Holdings and Transfers (File Plan)" to the KSC Records Manager in accordance with Section 4, Attachment 4.1.3.7, DRD 007. The contractor shall manage legacy Federal records (data created for Government use and delivered to, or falling under the legal control of, the Government) inherited by the contractor from previous contracts. At the completion or termination of this Contract, the

Contractor shall leave all Government-owned data at Kennedy Space Center. The contractor shall deliver Government-owned data to the KSC Records Manager in accordance with Section 4, Attachment 4.1.3.7, DRD 007, Summary of Record Holdings and Transfers (File Plan). The contractor shall provide NASA or authorized representatives access to all Government records.

The Government reserves the right to inspect, audit and copy record holdings. In accordance with Section 4, Attachment 4.1.3.9, DRD 009, Employee Desk Guide, the contractor shall provide Desk Guides, a job familiarization “how to” desk instruction for each encumbered contractor employee position.

1.1.2 Work Authorization

1.1.2.1 Task Order

All services will be authorized through a Task Order (TO) issued by the Contracting Officer (CO) in accordance with Section 2.13 1852.216-80, Task Ordering Procedure.

The Contractor shall begin services within five (5) business days from award of the task order and ensure continuity of services thereafter. The contractor shall ensure work coverage within five (5) business days of when the contractor receives notice of an employee resignation. In the case of internal contractor personnel reassignments, the contractor shall provide a minimum of five (5) business days’ notice to the Contracting Officer Representative (COR) when a personnel reassignment occurs. The Contractor shall evaluate the complexity of the positions, provide a training plan for each position, and provide training for new employees to ensure employees are capable of performing job responsibilities, per Section 4, Attachment 4.3.1, Management Operating Plan.

Local area transportation may be necessary for the contractor to perform the duties in the contract. Government owned/leased vehicles may be used only if specifically authorized in individual Task Orders and available from the Government motor pool.

1.1.2.2 Deductive Schedule

A key contract performance factor is the staffing availability of KISS IV personnel to support NASA customers, as required on each Task Order (TO).

The fixed price value of the contract is the sum of the price for all TOs issued. TOs for straight time labor are grouped as Contract Line Item Number 1 (CLIN 1). The CLIN 1 value for all TOs by contract period is calculated by multiplying the number of hours required per Job Labor Category, by the corresponding straight time rate in Contract Table 1.4.1., and summing the total for all Job Labor Categories on the TO.

While the actual number of hours worked during TO performance may vary from expectations (upward or downward), no change in TO requirements may be made without Contracting Officer approval and adjustment to the TO price, as appropriate.

In the event the CLIN 1 total value of actual hours worked during each contract period is less than 99% of the value of a TO’s CLIN 1 fixed price, a downward adjustment shall be made to the TO’s fixed price, equal to the difference between the 99% threshold value and the total value of the actual CLIN 1 hours provided.

The formula for calculating deductive adjustments is as follows:

Deductive Adjustment = (TO Price * 99%) – Value of Actual Performance

Value of Actual Performance = (total actual hours worked per Job Labor Category)*(corresponding straight time rate per Job Labor Category in Contract Table 1.4.1).

The Government will review the contractors submissions under DRD 008, Task Order Progress Report, to determine if there are any deviations that indicate an under execution of hours by TO, at the Job Labor Category level. At the end of the Basic Contract Period, and exercised Option Period(s), the CO will document any government findings of under execution of hours and notify the contractor in writing of the Government’s intent to seek an adjustment. The Contractor shall acknowledge receipt of this notice.

If the contractor believes there is an excusable circumstance to justify how the under execution of hours conforms to the requirements of the contract and such an adjustment should not be made, the contractor may appeal the proposed adjustment by providing written rationale to the CO to support their position within five working days of the contractor’s receipt of the CO’s notice.

If the contractor does not accept the CO’s final determination regarding its appeal, such disagreements may be handled in accordance with FAR 52.233-1, Disputes.

1.1.2.3 Travel Requirement

The Contractor shall provide travel for Contractor personnel as required in performance per the task order PWS. All authorized travel shall be conducted and reimbursed in accordance with the Federal Travel Regulations (FTR) and billed in accordance with Section 2.14, Submission of Invoices for Fixed-Price Services.

The contractor will submit an official request to the COR for approval. All travel shall be approved by the CO or COR prior to departure. All requests for travel shall include the purpose and the rationale for the travel, such as why the purpose cannot be accomplished through a means other than travel (e.g., teleconferencing).

1.1.2.4 Approval of Overtime Work

The CO will authorize a not-to-exceed overtime amount in task orders through an overtime CLIN 02. No work shall be performed in overtime status in the absence of such specific authority in a task order CLIN 02. Specific instances of work at overtime status shall be approved in advance by the NASA COR or the CO. The contractor shall submit email requests for overtime approval simultaneously to the requiring organization and the COR. Requests shall identify the task order, the involved labor category(s), a brief description of the circumstances for the request, a fixed number of hours and the period of time when overtime will be required.

Overtime is considered any productive hours greater than 40 hours per week.

1.1.2.5 Approval of Other Direct Cost (ODC)

The CO will authorize a not-to-exceed ODC amount in task orders through an ODC CLIN 03.

No work shall be performed in the absence of such specific authority under task order CLIN 03.

Specific instances of work shall be approved in advance by the NASA COR or the CO. The contractor shall submit an email request for approval on a quarterly basis simultaneously to the requiring organization and the COR. Requests shall identify the task order, the involved labor category(s), a fixed number of hours, and the period of time when ODC will be required.

1.1.3 Management Plans

1.1.3.1 Management Operation Plan

The Contractor shall follow the approved Management Operating Plan per Section 4, Attachment 4.3.1.

1.1.3.2 Organizational Conflict of Interest (OCI) Mitigation Plan

The Contractor shall follow the approved Organizational Conflicts of Interest Mitigation Plan per Section 4, Attachment 4.3.2.

1.1.3.3 Safety and Health Plan

In performance of this contract, the Contractor shall ensure the protection of personnel, property, equipment, and the environment. The Contractor shall follow the approved Safety and Health Plan per Section 4, Attachment 4.3.3.

1.2 Period of Performance

The period of performance of this contract is from 03/01/2017 through 09/30/2018.

Available Options:

Option 1: 10/01/2018 – 09/30/2019 Option 2: 10/01/2019 – 09/30/2020 Option 3: 10/01/2020 – 09/30/2021 Option 4: 10/01/2021 – 02/28/2022

1.3 Place of Performance – Services

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

1. NASA John F. Kennedy Space Center (KSC);

2. Cape Canaveral Air Force Station (CCAFS);

3. Any other location authorized by the CO.

(End of clause)

1.4 Hourly Rates, Contract Value

Hourly Labor Rates

The labor categories and hourly rates for computation of labor costs/values in TOs and for other provisions shall be delineated in Contract Table 1.4.1, Rate Schedule, and Contract Table 1.4.2, ODC Rate Schedule.

Contract Value

The minimum value for each contract period is $25,000.00 and the estimated maximum value per contract period is as follows:

Contract Period Minimum Value Maximum Value Base period: $25,000 $20,600,000 Option 1: $25,000 $13,000,000 Option 2: $25,000 $13,000,000 Option 3: $25,000 $13,000,000 Option 4: $25,000 $5,400,000

Total Contract NTE $65,000,000

Contract value is the sum of the NTE amount of open CLINS and the final billed and paid value of CLINS completed. The contract value is tabulated in Contract Table 1.4.3, Contract Value.

1.4.1 Rate Schedule

The position descriptions for the labor categories priced in this contract are listed in Section 4 Attachment 4.1.2, Contract Labor Category Job Description.

ST = Straight Time

OT = Overtime

ST Rate OT Rate ST Rate OT Rate ST Rate OT Rate ST Rate OT Rate ST Rate OT Rate

Subject to Service Contract Act: (1.5.1 Rate Schedule)

1 Accounting Clerk III -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

2 Administrative Assistant -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

3 Secretary III -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

Exempt from Service Contract Act: (1.5.1 Rate Schedule)

4 Accountant I -$ -$ -$ -$ -$

5 Accountant II -$ -$ -$ -$ -$

6 Accountant III -$ -$ -$ -$ -$

7 Accountant IV -$ -$ -$ -$ -$

8 Cost Analyst I -$ -$ -$ -$ -$

9 Cost Analyst II -$ -$ -$ -$ -$

10 Executive Assistant I -$ -$ -$ -$ -$

11 Executive Assistant II -$ -$ -$ -$ -$

12 Executive Assistant III -$ -$ -$ -$ -$

13 Internal Controls Analyst I -$ -$ -$ -$ -$

14 Internal Controls Analyst II -$ -$ -$ -$ -$

15 Internal Controls Analyst III -$ -$ -$ -$ -$

16 Internal Controls Analyst Lead -$ -$ -$ -$ -$

17 IT Support Specialist, Sr. -$ -$ -$ -$ -$

18 Logistics Specialist I -$ -$ -$ -$ -$

19 Logistics Specialist II -$ -$ -$ -$ -$

20 Logistics Specialist III -$ -$ -$ -$ -$

21 Logistics Specialist IV -$ -$ -$ -$ -$

22 Procurement Analyst I -$ -$ -$ -$ -$

23 Procurement Analyst III -$ -$ -$ -$ -$

24 Procurement Business Systems Support I -$ -$ -$ -$ -$

25 Program Analyst I -$ -$ -$ -$ -$

26 Program Analyst II -$ -$ -$ -$ -$

27 Program Analyst III -$ -$ -$ -$ -$

28 Program Analyst IV -$ -$ -$ -$ -$

29 Program/Project Coordinator I -$ -$ -$ -$ -$

30 Program/Project Coordinator II -$ -$ -$ -$ -$

31 Program/Project Coordinator III -$ -$ -$ -$ -$

32 Resource Analyst I -$ -$ -$ -$ -$

33 Resource Analyst II -$ -$ -$ -$ -$

34 Resource Analyst III -$ -$ -$ -$ -$

35 Resource Analyst IV -$ -$ -$ -$ -$

36 Resource Analyst V -$ -$ -$ -$ -$

37 Resource Analyst VI -$ -$ -$ -$ -$

38 Resource Analyst Lead, Sr. -$ -$ -$ -$ -$

39 Training Specialist I -$ -$ -$ -$ -$

40 Training Specialist II -$ -$ -$ -$ -$

41 Training Specialist III -$ -$ -$ -$ -$

42 Training Instructor -$ -$ -$ -$ -$

43 Training Instructor Lead -$ -$ -$ -$ -$

44 Training Manager -$ -$ -$ -$ -$

Labor Category Base Pd Option 1 Option 2 Option 3 Option 4

1.4.2 ODC Rate Schedule

ST Rate OT Rate ST Rate OT Rate ST Rate OT Rate ST Rate OT Rate ST Rate OT Rate

Independent Contractor (1.5.2 Rate Schedule)

45 ASL Interpreter I -$ -$ -$ -$ -$

46 ASL Interpreter II -$ -$ -$ -$ -$

47 Business Management Audit Specialist -$ -$ -$ -$ -$

48 Cost & Systems Analysis -$ -$ -$ -$ -$

49 IT, Senior -$ -$ -$ -$ -$

50 Project Control Sr. -$ -$ -$ -$ -$

Labor Category Base Pd Option 1 Option 2 Option 3 Option 4

1.4.3 Contract Value

1.4.3.1 Task Order Values

Part I: Task Order Values

Base Period

Option 1 Option 2 Option 3 Option 4 Total

Title 3/1/2017 - 9/30/2018

10/1/2018- 9/30/2019

10/1/2019- 9/30/2020

10/1/2020- 9/30/2021

10/1/2021- 2/28/2022

CCP $ $ $ $ $ $

CMO $ $ $ $ $ $

Education & Other

GSDO $ $ $ $ $ $

ISS $ $ $ $ $ $

LSP $ $ $ $ $ $

Total $ $ $ $ $ $

Part II: CLIN Values

CLIN 1

Straight Time Labor

CLIN 2

OT Labor

CLIN 3

ODC Labor & Travel

Total $ $ $ $ $ $

Part III: Deductive Schedule Adjustments Base

Period Option 1 Option 2 Option 3 Option 4 Total

Deductive Schedule Adjustment

SECTION 2: ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS -

COMMERCIAL ITEMS

2.1 52.252-2 Clauses Incorporated by Reference. (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):

For Federal Acquisition Regulation (FAR) clauses, see:

https://www.acquisition.gov/far/index.html

For NASA FAR Supplement (NFS) clauses, see:

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

Federal Acquisition Regulation (FAR) [48 CFR Chapter 1] Clauses:

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.

52.203-7 MAY 2014 Anti-Kickback Procedures.

52.203-12 OCT 2010 Limitation on Payments to Influence Certain Federal

Transactions.

52.203-16 DEC 2011 Preventing Personal Conflicts of Interest.

52.203-17 APR 2014 Contractor Employees Whistleblower Rights and Requirements to

Inform Employees of Whistleblower Rights.

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 52.219-14 NOV 2011 Limitations on Subcontracting.

52.222-40 DEC 2010 Notification of Employee Rights Under the National Labor

Relations Act.

52.224-1 APR 1984 Privacy Act Notification.

52.224-2 APR 1984 Privacy Act.

52.228-5 JAN 1997 Insurance – Work on a Government Installation.

52.229-3 FEB 2013 Federal, State, and Local Taxes.

52.232-18 APR 1984 Availability of Funds.

52.232-23 MAY 2014 Assignment of Claims.

52.233-1 MAY 2014 Disputes.

52.233-1 DEC 1991 Disputes. Alternate I 52.237-2 APR 1984 Protection of Government Buildings, Equipment, and Vegetation.

52.242-13 JUL 1995 Bankruptcy.

CLAUSE

NUMBER

DATE TITLE

52.244-6 JUN 2016 Subcontracts for Commercial Items.

52.246-25 FEB 1997 Limitation of Liability—Services.

NASA FAR SUPPLEMENT CLAUSES

1852.208-81 NOV 2004 Restrictions on Printing and Duplicating.

1852.223-70 DEC 2015 Safety and Health Measures and Mishap Reporting.

1852.223.74 NOV 2015 Drug- and Alcohol-Free Workforce

1852.223-75 FEB 2002 Major Breach of Safety or Security.

1852.223-75 FEB 2006 Major Breach of Safety or Security. -- Alternate I 1852.225-70 FEB 2000 Export Licenses.

1852.228-75 OCT 1988 Minimum Insurance Coverage.

1852.237-70 DEC 1988 Emergency Evacuation Procedures.

(End of clause)

2.2 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 effective date of award through the base period or option periods exercised (reference 1.2).

(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, a task order is considered "issued" when the Government deposits the order in the mail. Task orders may be issued orally, by facsimile, or by electronic commerce methods.

(End of clause)

2.3 52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. $25,000.

(b) Maximum order. The Contractor is not obligated to honor any orders requiring performance exceeding the NTE by contract period specified in 1.4.3.1 Task Order Values.

(End of clause)

2.4 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 the end date of the period of performance.

(End of clause)

2.5 52.217-8 Option to Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 7 days of the end of this contract.

(End of clause)

2.6 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 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 five (5) years. Options exercised shall be in accordance with the following:

Option 1: 10/01/2018 – 09/30/2019 Option 2: 10/01/2019 – 09/30/2020 Option 3: 10/01/2020 – 09/30/2021 Option 4: 10/01/2021 – 02/28/2022

(End of clause)

2.7 52.219-18 Notification of Competition Limited to Eligible 8(A) Concerns (JUNE 2003) [Deviation]

(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.

(b) By submission of its offer, the Offeror represents 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 directly by the Contracting Officer 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 subparagraph does not apply in connection with construction or service contracts.

(2) The (Insert name of SBA’s Contractor) will notify the Kennedy Space Center 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.

2.8 52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013)

(a) Definitions. As used in this clause -

"Long-term contract" means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the Section 2.5, 52.217-8, Option to Extend Services, or other appropriate authority.

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts -

(i) Within 60 to 120 days prior to the end of the fifth year of the contract;

and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at:

http://www.sba.gov/content/small-business-size-standards

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ___ is, ___ is not a small business concern under NAICS Code 561110 assigned to contract number [insert contract number]. (Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

2.9 52.232-19 Availability of Funds for the Next Fiscal Year. (APR 1984)

Funds are not presently available for performance under this contract beyond [ ].

The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond [ ], until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

2.10 1852.204-76 Security requirements for unclassified information technology resources. (JAN 2011)

(a) The contractor shall protect the confidentiality, integrity, and availability of NASA Electronic Information and IT resources and protect NASA Electronic Information from unauthorized disclosure.

(b) This clause is applicable to all NASA contractors and sub-contractors that process, manage, access, or store unclassified electronic information, to include Sensitive But Unclassified (SBU) information, for NASA in support of NASA's missions, programs, projects and/or institutional requirements. Applicable requirements, regulations, policies, and guidelines are identified in the Applicable Documents List (ADL) provided as an attachment to the contract. The documents listed in the ADL can be found at:

http://www.nasa.gov/offices/ocio/itsecurity/index.html . For policy information considered sensitive, the documents will be identified as such in the ADL and made available through the Contracting Officer.

(c) Definitions.

(1) IT resources means any hardware or software or interconnected system or subsystem of equipment, that is used to process, manage, access, or store electronic information.

(2) NASA Electronic Information is any data (as defined in the Rights in Data clause of this contract) or information (including information incidental to contract administration, such as financial, administrative, cost or pricing, or management information) that is processed, managed, accessed or stored on an IT system(s) in the performance of a NASA contract.

(3) IT Security Management Plan--This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract. Unlike the IT security plan, which addresses the IT system, the IT Security Management Plan addresses how the contractor will manage personnel and processes associated with IT Security on the instant contract.

(4) IT Security Plan--this is a FISMA requirement; see the ADL for applicable requirements. The IT Security Plan is specific to the IT System and not the contract.

Within 30 days after award, the contractor shall develop and deliver an IT Security Management Plan to the Contracting Officer; the approval authority will be included in the ADL. All contractor personnel requiring physical or logical access to NASA IT resources must complete NASA's annual IT Security Awareness training. Refer to the IT Training policy located in the IT Security Web site at:

http://www.nasa.gov/content/security-requirements-policies

(d) The contractor shall afford Government access to the Contractor's and subcontractors' facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection (to include vulnerability testing), investigation and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of NASA Electronic Information or to the function of IT systems operated on behalf of NASA, and to preserve evidence of computer crime.

(e) At the completion of the contract, the contractor shall return all NASA information and IT resources provided to the contractor during the performance of the contract in accordance with retention documentation available in the ADL. The contractor shall provide a listing of all NASA Electronic information and IT resources generated in performance of the contract. At that time, the contractor shall request disposition instructions from the Contracting Officer. The Contracting Officer will provide disposition instructions within 30 calendar days of the contractor's request. Parts of the clause and referenced ADL may be waived by the contracting officer, if the contractor's ongoing IT security program meets or exceeds the requirements of NASA Procedural Requirements (NPR) 2810.1 in effect at time of award. The current version of NPR

2810.1 is referenced in the ADL. The contractor shall submit a written waiver request to the Contracting Officer within 30 days of award. The waiver request will be reviewed by the Center IT Security Manager. If approved, the Contractor Officer will notify the contractor, by contract modification, which parts of the clause or provisions of the ADL are waived.

(f) The contractor shall insert this clause, including this paragraph in all subcontracts that process, manage, access or store NASA Electronic Information in support of the mission of the Agency.

(g) The IT Security Clause requires that every IT device is covered by a Federal Information Security Management Act (FISMA), Compliant IT Security Plan, and comply with NPR 2810.1A. All the employees on this contract solely subscribe to Agency Consolidated End-User Services (ACES) and IT and Communication Services Directorate managed institutional services such as the Kennedy Data Center (KDC) for all computer equipment, devices, and IT services. ACES and KDC are responsible to meet any current and future IT security requirements on their behalf found in NFS 1852.204-76 section (c) 4.

(End of clause)

2.11 1852.209-71 Limitation of Future Contracting. (DEC 1988)

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

(b) The nature of this conflict is that the contractor may have access to proprietary, business confidential, or financial data of other companies by performing services in the following areas:

1. Cost estimates- by the Government or by other contractors relating to program budgets, construction costs, and other support costs.

2. Proprietary information- such as patents or through market researching in assessing potential applicability of such items to the work.

3. Confidential correspondences- in the development of new products to support program needs, such as system or component designs.

4. Access to sensitive information- in preparing writing and/or editing contract announcements, Agency news releases, embargoed information and internal policies.

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

(1) If the Contractor, under the terms of this contract, or through the performance of tasks pursuant to this contract, is required to develop specifications or statements of work that are to be incorporated into a solicitation, the Contractor shall be ineligible to perform the work described in that solicitation as a prime or first-tier subcontractor under an ensuing NASA contract. This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Officer and the Contractor, sufficient to avoid unfair competitive advantage or potential bias (this time shall in no case be less than the duration of the initial production contract). NASA shall not unilaterally require the Contractor to prepare such specifications or statements of work under this contract.

(2) To the extent that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and as long as these data remain proprietary or confidential, the Contractor shall protect these data from unauthorized use and disclosure and agrees not to use them to compete with those other companies.

(End of clause)

2.12 1852.215-84 Ombudsman. (NOV 2011) -- Alternate I (JUN 2000)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and contractors during the preaward and postaward 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 email 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.

2.13 1852.216-80 Task Ordering Procedure. (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 five (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 five (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.

(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)

2.14 Submission of Invoices for Fixed-Price Services

Invoices shall be submitted concurrently and on a monthly basis to the NASA Shared Services Center (NSSC) and the Contracting Officer; the invoices shall be prepared and submitted in duplicate unless otherwise specified. Invoices shall contain the following information as applicable: contract and task order number, item numbers, description of supplies or services, sizes, quantities, unit prices, and extended totals.

Submission of Invoices for Overtime and Travel

(a) Overtime - all Overtime shall be pre-approved by the Government and billed in accordance with Section 1.1.2.4, Approval of Overtime Work, Section 1.4.1, Rate Schedule.

(b) Travel - All travel shall be pre-approved by the Government and will be allocated to the contract based on actual airfare and per diem rates per the most current official CONUS Per Diem Rates, located at www.gsa.gov/travelpolicy . All requests for travel shall be in accordance with Section 1.1.2.3 Travel Requirement.

Costs relating to approved travel will be charged directly to individual task orders under this contract. Vouchers may be submitted upon completion of individual trips and shall be prepared and submitted as part of the Submission of Invoices for Fixed-Priced Services. The invoices shall include copies of receipts for airfare, lodging, car rental, and other related expenses. Reimbursement of costs for travel expenses will be in accordance with the Federal Travel Regulation (FTR) and limited as follows:

1) Maximum allowable costs for lodging, meals and incidental expenses are limited to current Government-established per diem rates.

2) Per Diem paid on travel days are ¾ per diem. The time actually spent in travel is not considered.

3) No profit shall be applied to the costs of travel.

(c) Materials, Equipment and Other Non-labor Costs -As applicable, include separate cost estimates for materials, equipment and other miscellaneous non-labor costs that are required for performance of the task order. All non-labor costs that are proposed must be allowable and allocable in accordance with the Generally Accepted Accounting Principles (GAAP), FAR, NASA FAR Supplement, and any other applicable NASA procurement policy documents. The contractor shall include back-up information with their estimate that provides rationale for their proposed cost estimates for materials and other non-labor costs. No profit shall be applied to the cost of materials, equipment or other non-labor costs.

(d) ODC Labor – All requests for ODC labor shall be in accordance with Section 1.1.2.5 Approval of ODC Labor, and this clause. As applicable, ODC labor, to include Independent Contractors shall be proposed and billed in accordance with the rates listed in Contract Table 1.4.2, ODC Rate Schedule. Costs relating to approved ODC Labor will be charged directly to individual task orders CLIN 03 under this contract.

Official invoices shall be mailed to the NSSC as indicated below:

NASA Shared Services Center NSSC Financial Management Division (FMD) Accounts Payables Bldg. 1111, Hlass Road Stennis Space Center, MS 39529-6000 e-mail: NSSC-AccountsPayable@nasa.gov

A concurrent copy of the invoice shall be submitted to the Contracting Officer indicated below:

NASA Kennedy Space Center Attn: Contracting Officer OP-OS Kennedy Space Center, FL 32899

2.15 1852.223-72 Safety and Health (Short Form). (JUL 2015)

(a) Safety is the freedom from those conditions that can cause death, injury, occupational illness; damage to or loss of equipment or property, or damage to the environment.

NASA is committed to protecting the safety and health of the public, our team members, and those assets that the Nation entrusts to the Agency.

(b) The Contractor shall have a documented, comprehensive and effective health and safety program with a proactive process to identify, assess, and control hazards and take all reasonable safety and occupational health measures consistent with standard industry practice in performing this contract.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c) in subcontracts that exceed the simplified acquisition threshold where work will be conducted completely or partly on Federally-controlled facilities.

(End of clause)

2.16 1852.225-70 Export Licenses. (FEB 2000) - Alternate I (FEB 2000)

(a) The Contractor shall comply with all U.S.