BPA_Agreement_Updated_6-23-16.doc

``SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

NNL16ZB1005R

INFORMATION CALL:

Building 2101

NASA Langley Research Center

SEE SCHEDULE

5 Langley Boulevard

SM . DIS BUSINESS

13a. THIS CONTRACT IS A RATED ORDER

Hampton, VA 23681-2199

8(A)

UNDER DPAS (15 CFR 700)

13b. RATING DO C-9

SIZE STANDARD:

14. METHOD OF SOLICITATION

RFQ

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IFB

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RFP

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RFO

Building 1206

NASA, Langley Research Center

Hampton, VA 23681-2199 See Block 9.

FACILITY CODE

NASA/Shared Services Center Financial Management Division (FMD) Accounts Payable

Bldg, 1111, C Road, Stennis Space Center, MS 39529-6000

TELEPHONE NO.

DUNS No.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK IS CHECKED

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SEE ADDENDUM

19.

ITEM NO.

20.

SUPPLIES/SERVICES

21.

QTY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(For Statement of Work, See Pages 2 through 4)

(Attach Additional Sheets as Necessary)

As specified on individual orders

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27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 and 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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ARE

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ARE NOT ATTACHED

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27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

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ARE

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ARE NOT ATTACHED

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RECEIVED

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INSPECTED

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CONTRACT, EXCEPT AS NOTED

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PARTIAL

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FINAL

COMPLETE

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PARTIAL

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FINAL

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42b. RECEIVED AT (Location)

Prescribed By GSA FAR (48CFR) 53.214(a)

NASA Langley Research Center’s

General and Precision Machining/Fabrication

NASA/Langley is issuing this sources sought synopsis to determine the potential of small businesses capable of meeting NASA/Langley’s requirements (i.e. aerospace hardware for Exploration Mission to Moon and Mars support) for machining and fabrication efforts in support of our research and development programs.

A brief description of requirements are as follows:

· Furnish all personnel, facilities, services, equipment, supplies, materials, and transportation

· Must meet strict research schedules

· Work to specifications such as (but not limited to) Government-furnished drawings, sketches, part files, or written narratives

· The Contractor shall conform to various NASA and industry standards/codes as specified in task orders. Such standards/codes include (but not limited to) all applicable internal/external Langley Management System documents.

· Perform accurate machining and handwork for precision tolerances, fits, and finishes. Dimensional tolerances will vary with hardware and may range from general (+/- .020 inches, 125 RMS) to tight (+/- .0001 inches, 4 RMS) constraints depending on the nature of the work

· Manufacture, repair, rework, or modify research and facility hardware to include, but not be limited to; structural members and assemblies

· Modification of aerospace and aeronautical models

· Three day response (or less if required) on requests for quotes

· General fabrication and precision machining

· Quality Management System – compliant to ISO 9001.

· The Contractor shall inspect all completed tasks prior to delivery to the Government to ensure compliance with the task order and specified standard. The Contractor shall furnish a final inspection report with completed tasks.

Typical materials to be worked shall include (but not limited to) the following:

· Metals, including aluminum alloys, copper, brass, carbon steels, stainless steels, alloy steels, titanium, nickel, nickel alloys, and other special alloys.

· Non-metallic materials, including fibrous reinforced polymeric, plastic, ceramics, glass, carbon, and fiberglass of composites with epoxy, phenolic, polyester, polyamide, and polyimide resin and adhesive systems

· Metal matrix filament reinforced plastics, including boron, carbon, graphite, and tungsten filaments

· Advanced state-of-the-art metallic, polymeric, and hybrid composites

· Wood, including epoxy or polyester impregnated products

· Combinations of these materials

Core Capabilities

General & Precision Machining

· Metallic and non-metallic machining

· Conventional milling machines and turning lathes

· Computer Numerical Control machining center (3 axis)

· Component assembly and integration

· Inspection & measurement equipment

· CNC programming Optional Core Capabilities or Sub-contract Services

General & Precision Machining

· Electrical Discharge Machining (EDM)

· 3-axis wire

· 4-axis wire

· Ram EDM

· 4-Axis CNC machining center

· 5-Axis CNC machining center

· Multi-axis turning center

· Surface grinding equipment

· Cylindrical grinding equipment

· Coordinate Measurement Machine

Metal Fabrication

· Metal forming. Conventional and specialized forming processes of metals and their alloys in various sheet, plate and structural forms. Typical metal sheet sizes are .016” X 48” X 144” to .250” X 48” X 144”. Typical plate sizes are .375” X 48” X 144” up to 1.00” X 48” X 144”. Special plate sizes may exceed 1 inch thickness and/or measure 72” X 144”. Structural forms include commercially available angle, channel, I-Beam, H-Beam, pipe, rod, bar, etc. Forming processes include the ability to fabricate similar structural configurations not commercially available utilizing high capacity precision metal cutting/forming equipment, such as manual or power shears and slip rolls, hydraulic press brakes and punches.

· Fastening metal components utilizing certified commercial fasteners. This includes a wide variety of standard and aerospace approved fasteners. (i.e. bolts, nuts, screws, rivets, Jo-bolts, Helicoils, Cherry fasteners, etc.)

· Water-jet cutting

· Programmable press brake

· Programmable rolling machine

· Hydraulic tube / pipe bending equipment

Metal joining - joining processes include:

· Silver soldering

· Torch brazing

· SMAW Shielded Metal Arc Welding (stick) various steels, alloy steels, nickels, and stainless steels.

· GMAW Gas Metal Arc Welding (Mig, solid wire) various steels, alloy steels, nickels, and stainless steels.

· FCAW Flux Cored Arc Welding (Mig flux cored wire) various steels, alloy steels, some nickel alloys, and stainless steels.

· GTAW Gas Tungsten Arc Welding (TIG) Aluminum, various steels, alloy steels, tool steels, nickel alloys, precipitation hardened steels, stainless steels.

· GMAW Gas Metal Arc Welding (Mig aluminum welding) Aluminum materials.

· Vacuum furnace brazing Heat Treat Operations

· Annealing

· Normalizing

· Hardening (aging)

· Inert Gas or Vacuum Heat treating

Composite Manufacturing

· Autoclave operations

· Surface preparation of composite materials

· Molded resin lay-up

· Adhesive bonding Non Destructive Testing (NDT) in accordance with American Society for NDT (ASNT)

· Visual Testing (VT)

· Dye Penetrant Testing (PT)

· Magnetic particle Testing (MT)

· Eddy Current Testing (ET)

· Ultrasonic Testing (UT)

· Radiographic Testing (RT)

Metal Finishing

· Chemical, solvent, and abrasive cleaning

· Oxide coatings (anodize & black oxide)

· Surface treatments (passivate, phosphate, iridite, electropolishing)

· Electrolytic plating (nickel, silver, gold, zinc, chromium, tin)

· Electroless plating (nickel & copper)

BLANKET PURCHASE AGREEMENT

TERMS AND CONDITIONS

ARTICLE 1 - ACCEPTANCE OF BLANKET PURCHASE AGREEMENT (BPA)

The Contractor’s unconditional acceptance of this BPA, including all terms and conditions herein shall be considered binding upon the delivery of the first Call placed hereunder by the Contracting Officer. Failure of the Contractor to comply with any of the above-cited terms and conditions or the schedules or any Call placed hereunder may be cause for the immediate termination of this BPA.

ARTICLE 2 - EXTENT OF OBLIGATION

The Government will be obligated under this BPA only to the extent of such Calls as executed by the Contracting Officer.

ARTICLE 3 - PRICING

All purchases made under the provisions of this BPA will be priced at the Contractor’s established price. The Contractor’s prices shall be as low as, or lower than those charged the Contractor’s most favored customer, in addition to the actual discount allowed the Government.

ARTICLE 4 - CALL LIMITATION

Individual Calls placed under this BPA will not exceed $500,000.

ARTICLE 5- NOTICE OF INDIVIDUALS AUTHORIZED TO PLACE CALLS AND MAKE CHANGES

In addition to the Contracting Officer, the following personnel are authorized to Issue Calls under this BPA. All designated personnel are employed by NASA, Langley Research Center. Calls under $100,000 shall be made by credit card.

TBD

The Contracting Officer is the only individual authorized to place Calls for any requirement greater than $5,000. The Contracting Officer is the only individual authorized to make changes to the Calls. Therefore, unless changes are received in writing by the Contractor from the Contracting Officer, the Contractor assumes all risks involved in any change made to the Call placed in accordance with this BPA.

ARTICLE 6 - SHIPPING INSTRUCTIONS

Shipment(s) of all items called for herein shall be as designated on the individual Call.

ARTICLE 7 - CRITICAL ITEMS/SERVICES

Under the BPA, certain items to be fabricated or services specified are considered “CRITICAL” and will be so designated on each request for quotation and the resultant Call. Those items/services designated as “critical” are essential to the success of individual projects or programs. As such, the timely delivery of this item is mandatory. Failure to deliver as required will result in the assessment of monetary consideration in an amount to be determined by the Government. Repeated failures to deliver in a timely manner may result in the exclusion of the Contractor from proposing on future work under this BPA.

ARTICLE 8 - ORDERING FOR SPACEFLIGHT USE - MARKING

Orders issued under this BPA will indicate if the item(s) to be delivered are for spaceflight use. If they are for spaceflight use, any shipping containers, shipping documents and purchasing documents shall be marked in accordance with Article 9 of this agreement.

ARTICLE 9 - MARKING

All markings on shipping containers shall be clearly legible from a distance of 36 inches, may be applied by stencil, rubber stamp or lacquer over coated gummed label. Identical requirements shall be imposed on all sub-tier Contractors.

All markings for spaceflight items shall be blue in color. All shipping containers, shipping documents, and purchasing documents for such items shall be marked as follows: ITEMS FOR SPACEFLIGHT USE.

A NASA Critical Space Item Label shall be prominently displayed on the exterior of all Class I, Class II, and Class III interim packages and exterior shipping containers to alert all shipping and handling personnel to the criticality of the item in accordance with paragraph 303 of NHB 6000.1 “Requirements for Packaging, Handling, and Transportation”, dated June 1976.

Delivery Tickets: Requirements for all shipments under the BPA shall be accompanied by delivery tickets or sale slips that contain the following minimum information:

1.

Name of Contractor 2.

BPA Number

3.

Date of Purchase

4.

Call No.

5.

Itemized list of supplies or services furnished

6.

Quantity, Unit price, and extension of each item

7.

Date of delivery or shipment

ARTICLE 10 - DELIVERIES (BPA)

To the maximum extent practical, all Calls placed under this BPA will be shipped complete. All deliveries shall be made within the schedule agreed upon at time the Call is placed.

ARTICLE 11 - INVOICE PROCEDURES

Credit Card Invoices:

Credit Card Invoices shall be paid in accordance with FAR 52.232-36, Payment by Third Party (FEB 2010).

Deliver/Task Order Invoices:

The Contractor shall submit an original invoice (or electronic invoice, if authorized) to the address designated in the BPA to receive invoices. An invoice must include -

1.

Name and address of the Vendor;

2.

Invoice date;

3.

BPA number, and the call number;

4.

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

5.

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

6.

Terms of any prompt payment discount offered;

7.

Name and address of official to whom payment if to be sent; and

8.

Name, title, and phone number of person to be notified in event of defective invoice.

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. Contractors are encouraged to assign an identification number to each invoice.

An itemized invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. These invoices need not be supported by copies of delivery tickets.

ARTICLE 12 – REQUESTS FOR QUOTATION

Requests for quotation can be made either in writing or orally.

ARTICLE 13 - NOTIFICATION OF DELAY IN DELIVERY SCHEDULE

The Contractor shall notify the Contracting Officer one day after receipt of a Call, if for some valid reason, the cited delivery schedule cannot be met. Additionally, if in the performance of a Call, the Contractor finds that it cannot deliver as required, the Contractor shall promptly notify the Contracting Officer by letter, and shall indicate when delivery will be accomplished. If the Government grants an extension to the delivery schedule, the Government will require consideration adequate to affect the change. Items considered “critical” will be treated in accordance with this Article and Article 7 - CRITICAL ITEMS/SERVICES. As with those items/services designated as critical, repeated failure to deliver non-critical items may result in exclusion of the Contractor from proposing on future work under this BPA.

ARTICLE 14 - INSPECTION AND ACCEPTANCE

Final inspection and acceptance by the Technical Representative stated on the Call, or by other individuals designated in writing by the Contracting Officer may be made at the Contractor’s facility or NASA LaRC at the Government’s discretion.

Acceptance shall be deemed to have occurred constructively - for the sole purpose of computing any interest penalty that might be due the Contractor under the Prompt Payment Act -- on the 30th day after the Contractor had delivered the supplies or performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quality or quantity. In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be on the date of actual acceptance.

ARTICLE 15 - GOVERNMENT FURNISHED PROPERTY

The Government shall have the right, in accordance with FAR 52.245-1, Government Property (JUN 2007), to furnish such material for an Individual Call which in its sole discretion, it may deem to be in the interest of the Government. Any such material will be specified in Individual Calls.

ARTICLE 16 - WELDING REQUIREMENTS

For all hardware identified “For Soldering” the Contractor shall conform to the requirements of NASA LPR 5300.1, NASA-STD-8739.3, ―”Soldered Electrical Connections”. For all welding the Contractor shall conform to the standards identified in LMS-CP-5698 welding. These requirements also shall be invoked in any subtier procurement, resulting from this contract and on which soldering or welding will be performed.

ARTICLE 17 - NOTICE OF DISCONTINUANCE OF BPA

This BPA provides for the unilateral discontinuance of this BPA upon 30 days written notice by either party.

ARTICLE 18 - CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998).

(a) The following clauses are hereby incorporated in this BPA by reference with the same force and affect as set forth in full. Upon request, the Contracting Officer will make their full text available.

CLAUSE TITLE DATE

FAR:

52.212-1

Instruction to Offerors-Commercial Items

OCT 2015

52.212-3

Offeror Representation and Certifications-Commercial Items**

APR 2016

52.212-4

Contract Terms and Conditions-Commercial Items

MAY 2015

A.

Federal Acquisition Regulation (48 CFR Chapter 1) Clauses - [Applicable if Checked]

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52.204-7 System for Award Management (JUL 2013)

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52.211-17 Delivery of Excess Quantities (Sep 1989) B.

NASA/FAR Supplement Clauses - [Applicable if Checked]

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1852.215-84 Ombudsman (Oct 2003)

Cathy Mangum, Acting Associate Director, NASA Langley Research Center, Mail Stop 010, Hampton, VA 23681-2199; phone (757) 864-4333; facsimile (757) 864--6669.

The following is substituted for the second sentence of paragraph (b): “Concerns, issues, disagreements, and recommendations which cannot be resolved at the installation may be referred to the NASA ombudsman, the Director, Contract Management Division, Monica Manning at 202-358-1050, facsimile, 202-358-3083, e-mail: agency-procurementombudsman@nasa.gov”

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

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1852.233-70 Protests to NASA (DEC 2015)

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1852.237-72 Access to Sensitive Information (Jun 2005)

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1852.237-73 Release to Sensitive Information (Jun 2005) C. NASA Langley Research Center Clauses

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SECURITY PROGRAM/FOREIGN NATIONAL EMPLOYEE ACCESS REQUIREMENTS (LARC 52.204-91) (APRIL 2014)

1) Applicable Definitions:

Foreign National: Any person who is not a U.S. citizen and who is not a lawful permanent resident as defined by 8 U.S.C. 1101(a) (20) or any person who is not a protected individual as defined by 8 U.S.C. 1324b(a) (3). This also means any foreign corporation, business association, partnership, trust, society or any other entity or group that is not incorporated or organized to do business in the U.S., as well as any international organizations, any foreign government, and any agency or subdivision of foreign governments (e.g., diplomatic missions).

Lawful Permanent Resident (LPR): A non-U.S. citizen legally permitted to reside and work within the U.S. and issued a Resident Alien Identification (also known as a Green Card). LPRs are to be afforded all the rights and privileges of a U.S. citizen with the exception of voting, holding public office, access to classified national security information, and employment in the federal sector (except for specific needs or under temporary appointment per 5 CFR, Part 7, Section 7.4). LPRs are not prohibited from accessing export controlled commodities, but must have a work-related "need-to-know" for access. LPRs are considered foreign nationals under immigration laws. LPR, as defined herein, is to replace the term “Permanent Resident Alien” (PRA) in all NASA guidance that has not yet been updated to the use of LPR.

2) Requirements for Center Access for Foreign Nationals who are not LPRs:

Access to the NASA Langley Research Center by foreign nationals who are not LPRs shall be approved in accordance with NPR 1600.4, “Identity and Credential Management” and Interim Policy Regarding Foreign National Access Management, dated April 2, 2014. Center access approval requires a minimum of 5 (five) working days advance notice. Designated country nationals require a minimum of 30 (thirty) working days advance notice because of additional approval requirements. Foreign nationals who are not LPRs must be escorted by a NASA Civil Servant or permanently badged contractor at all times while on Center unless otherwise approved in writing by the International Visitors Coordinator (IVC).

3) Requirements for Center Access for LPRs:

a) Visit requests should be submitted directly to the Badge and Pass Office (BPO) using an LF-103. LPRs may be sponsored for Center access by permanently badged contractor employees or NASA civil servants. Contractor LPRs are generally expected to be sponsored by the employing contractor.

b) LPRs who will be at LaRC in excess of 29 days will be processed through IdMAX.

c) LPRs who will be at LaRC in excess of 179 days will be processed for PIV credentials that will remain valid for 5 years.

d) Contractor management is responsible for ensuring credentials issued to LPRs sponsored by the contractor are returned when the LPR no longer requires access to NASA LaRC under the contract or no longer works for the contractor.

e) No Security Transfer Technology Control Plan (STTCP) is required for LPRs.

f) LPRs on a work related, "need-to-know” basis are allowed access to export controlled commodities. It is incumbent on the Branch Head or Program Manager to appropriately determine who should have access to export controlled information. The Security Services Branch and the Center Export Administrator are available for guidance.

g) LPRs are permitted to carry personal mobile devices on Center. Personal mobile devices are not be used to record, store, or process NASA data and are not to be used to take photographs within NASA facilities.

h) LPRs and non-LPR Foreign Nationals must request and obtain prior approval from Joint Base Langley-Eustis prior to entering Joint Base Langley-Eustis. Access is subject to conditions imposed by Joint Base Langley-Eustis and may require a U.S. citizen escort at all times.

Violation of security policies by contractor personnel may result in withdrawal of Center access for the offending personnel and/or contractual actions against the contractor. Additionally, violations may be criminal in nature and are subject to criminal prosecution.

REQUIREMENTS FOR ACCESS TO NASA LANGLEY RESEARCH CENTER (LaRC 52.204-92) (AUG 2014)

(a) Visitors seeking entry to NASA Langley Research Center using a state-issued driver’s license or state-issued personal identification card are advised that identification documents must be compliant with the REAL ID Act of 2005, Public Law 109-13. Information on the REAL ID Act of 2005, Public Law 109-13, requirements can be found at: http://www.dhs.gov/real-id-public-faqs. Questions concerning REAL ID can be forwarded to the NASA Langley Badge and Pass Office via email at LaRC-RealId@mail.nasa.gov

(b) A state-issued ID that is non-compliant with the REAL ID standards cannot be used for access to the Center. A list of non-compliant forms of state identification can be found in the PDF document titled “REAL ID Enforcement in Brief” located at: http://www.dhs.gov/publication/real-id-enforcement-brief

(c) The following alternate forms of identification are accepted for NASA LaRC access:

(1) Federal employee badges,

(2) Passports,

(3) Military identification cards,

(4) Enhanced Driver’s Licenses,

(5) U.S. Coast Guard Merchant Mariner Card,

(6) Native American tribal document,

(7) School identification accompanied by an item from List C (Documents that Establish Employment Authorization) from the “List of the Acceptable Documents” on Form I-9, which can be found at: http://www.uscis.gov/i-9-central/complete-correct-form-i-9.

(d) Visitors without acceptable identity documents require an escort at all times while on the NASA Langley Research Center.

ISO 9001 QUALITY MANAGEMENT SYSTEM COMPLIANCE REQUIREMENTS (COMPLIANT AT AWARD) (LaRC 52.246-97) (MARCH 2012)

a) The Contractor's quality system shall be compliant with the requirements of the current International Standard ISO 9001, Quality Management Systems Requirements.

b) The Contractor's quality system shall remain in compliance with the ISO 9001 standard during the term of the contract. The Government reserves the right to audit the Contractor's quality system at any time.

c) "Compliant" as used in this clause means that the Contractor has defined, documented, and will continually implement during the term of the contract management-approved methods of operation that conform to the requirements given in the above-cited International Standard.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Feb 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, 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:

[Contracting Officer check as appropriate.] _x__ (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_x__ (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).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X__ (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).

_X__ (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]

_X__ (14) (i) 52.219-6, Notice of Total Small Business 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 (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X__ (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

__X_ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

_X__ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

_X__ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

_X__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_X__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”

Alternate II (Dec 2010). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(E) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(F) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(G) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(H) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(J) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(K) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(L) 52.222-54, Employment Eligibility Verification (Jan 2009).

(M) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(N) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

ARTICLE 19 - QUALITY REQUIREMENTS FOR LaRC-COMPOSITE BLANKET PURCHASE AGREEMENTS 1.

Quality System

1.1 The supplier shall establish and implement a quality system to ensure that product conforms to specified requirements.

1.2 The supplier shall document how the quality requirements will be met.

2.

Subcontracting

2.1 The supplier shall evaluate and select subcontractors based on their ability to meet quality requirements.

2.2 The supplier shall maintain quality records of acceptable contractors.

3.

Process Control

The supplier shall plan and follow processes which directly affect quality.

a.

Provide process and material certifications, b.

Generate, follow and provide internal process sheets or shop routers, c.

Comply with all required specifications, d.

Meet criteria for workmanship, e.

Monitor, control and maintain process parameters to ensure that product characteristics fall within required specifications and/or tolerances.

4.

Inspection

4.1 The supplier shall establish and follow documented procedures for inspection activities to verify that the product requirements are met.

4.1.1 The Non-Destructive (NDE) operator, whether internal or subcontractor, shall:

a) be certified in accordance with MIL-STD-410 or ASNT-TC1A for standard level dye penetrant inspection,

b) be certified by NASA personnel for special level dye penetrant inspection, and

c) follow specified industry standards and/or NASA requirements for all other NDE.

4.1.2 The supplier shall provide discrepancy reports which identify, for each discrepancy, the required and actual dimensions.

4.1.3 The supplier shall provide 100% dimensional inspection reports, upon request of the government, documenting each required and actual dimension.

4.2 Control of Inspection Equipment

4.2.1 The supplier shall identify all inspection equipment that can affect product quality, and calibrate them at prescribed intervals, or prior to use, against certified equipment having a known valid relationship to internationally or nationally recognize standards.

4.2.2 The supplier shall identify inspection equipment with a suitable indicator or identification record to show the calibration status.

4.2.3 The supplier shall maintain calibration records for inspection.

5.

Control of Nonconforming Product

5.1 The supplier shall establish and follow documented procedures to ensure that product that does not conform to specified requirements is prevented from unintended use. This control shall provide for identification, documentation, evaluation, segregation, and disposition of nonconforming product, and for notification to the functions concerned.

5.2 Nonconforming product may be:

a) reworked to meet requirements,

b) accepted with or without repair by concession,

c) reclassified for alternate application, or

d) rejected and scrapped.

5.3 Repaired or reworded product shall be re-inspected to ensure that it meets requirements.

6.

Handling and Storage

The supplier shall provide methods of handling product that prevent damage or deterioration during manufacture, storage and delivery, and shall document the status and pedigree of each product, whether raw material for fabricated hardware.

7.

Quality Records and Audits

The supplier shall establish and follow documented procedures for collecting and maintaining quality records and processes. This includes performing internal audits to ensure adherence to and effectiveness of the quality system.

AS9100 Terms and Conditions

1. The contractor shall provide notification to the Government of any nonconforming supplies prior to the delivery of the supplies in accordance with the terms of this contract. The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

2. The contractor shall provide notification to the Government prior to making any changes in its supplies and/or process definitions as specified in the Statement of Work/Specifications for this contract. If such changes result in a nonconforming supply that is a deliverable under this contract, the requirements of paragraph 1, above, shall apply.

3. The Contractor shall prepare records evidencing all inspections made to the deliverables under this contract and the outcome of such inspections. Documentation created or received by all suppliers/contractors in the process of performing work for NASA are considered official NASA records and shall be accounted for, maintained, safeguarded, preserved and disposed of in accordance with NPR 1441.1. Long-term and permanent records (defined in NPR 1441.1) are turned over to NASA for appropriate archival/storage at the end of the contract. Corporate records of a contractor’s intracompany operations are considered as private business and are exempt from this requirement. The Government, including any applicable customers to the specific program or project related to work being performed under this agreement, and other regulatory authorities (e.g. FAA), have the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government will perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract. The Government may perform inspection or test on the premises of the Contractor or a subcontractor. The Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.