ESSCA_RFP_Section_H.docx

Part I – The Schedule

SECTION H

Special Contract Requirements

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (JAN 2014)

1852.235-71 KEY PERSONNEL AND FACILITIES (MAR 1989)

1852.242-72 DENIED ACCESS TO NASA FACILITIES (OCT 2015)

MSFC 52.223-90 ASBESTOS MATERIAL (AUG 2015)

MSFC 52.223-91 HAZARDOUS MATERIAL REPORTING (FEB 2016)

MSFC 52.223-92 ENVIRONMENTAL – GENERAL CLAUSE (AUG 2010)

MSFC 52.223-95 PREVENTION OF AND RESPONSE TO THREATENING BEHAVIOR IN THE WORKPLACE (AUG 2010)

MSFC 52.223-96 MEDICAL SERVICES (APR 2016)

MSFC 52.223-97 MANDATORY AND REQUIRED TRAINING (JUN 2016)

RESOLUTION OF ORGANIZATIONAL CONFLICTS OF INTEREST (OCI)

DISCLOSURE OF ORGANIZATIONAL CONFLICTS OF INTEREST AFTER CONTRACT AWARD

SECURITY/BADGING REQUIREMENTS FOR FOREIGN NATIONAL VISITORS AND EMPLOYEES OF FOREIGN CONTRACTORS

SECTION H - Special Contract Requirements

52.252-2 Clauses Incorporated by Reference (FEB 1998)

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014)

(a) Definitions.

“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect costs.

(b) The Contractor shall report, in accordance with paragraphs (c) and (d) of this clause, annually by October 31, for services performed during the preceding Government fiscal year (October 1-September 30) under this contract for orders that exceed the thresholds established in 4.1703(a)(2).

(c) The Contractor shall report the following information:

(1) Contract number and order number.

(2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the order.

(3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year.

(4) Data reported by subcontractors under paragraph (f) of this clause.

(d) The information required in paragraph (c) of this clause shall be submitted via the internet at www.sam.gov. (See System for Award Management (SAM) User Guide). If the Contractor fails to submit the report in a timely manner, the Contracting Officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor’s failure to comply with the reporting requirements a part of the Contractor’s performance information under FAR Subpart 42.15.

(e) Agencies will review Contractor reported information for reasonableness and consistency with available contract information. In the event the agency believes that revisions to the Contractor reported information are warranted, the agency will notify the Contractor no later than November 15. By November 30, the Contractor shall revise the report, or document its rationale for the agency.

(f)

(1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.1703(a)(2), to provide the following detailed information to the Contractor in sufficient time to submit the report:

(i) Subcontract number (including subcontractor name and Data Universal Numbering System (DUNS) number), and

(ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year.

(2) The Contractor shall advise the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010.

(End of clause)

1852.235-71 Key Personnel and Facilities (MAR 1989)

(a) The personnel and/or facilities listed below (or specified in the contract Schedule) are considered essential to the work being performed under this contract. Before removing, replacing, or diverting any of the listed or specified personnel or facilities, the Contractor shall:

(1) Notify the Contracting Officer reasonably in advance and

(2) Submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.

(b) The Contractor shall make no diversion without the Contracting Officer's written consent; provided, that the Contracting Officer may ratify in writing the proposed change, and that ratification shall constitute the Contracting Officer's consent required by this clause.

(c) The list of personnel and/or facilities (shown below or as specified in the contract Schedule) may, with the consent of the contracting parties, be amended from time to time during the course of the contract to add or delete personnel and/or facilities.

PROGRAM MANAGER: TO BE COMPLETED BY OFFEROR.

(End of clause)

1852.242-72 Denied Access to NASA Facilities (OCT 2015) (a)

(1) The performance of this contract requires contractor employees of the prime contractor or any subcontractor, affiliate, partner, joint venture, or team member with which the contractor is associated, including consultants engaged by any of these entities, to have access to, physical entry into, and to the extent authorized, mobility within, a NASA facility.

(2) NASA may close and or deny contractor access to a NASA facility for a portion of a business day or longer due to any one of the following events:

(i) Federal public holidays for federal employees in accordance with 5 U.S.C. 6103;

(ii) Fires, floods, earthquakes, unusually severe weather to include snow storms, tornadoes and hurricanes;

(iii) Occupational safety or health hazards;

(iv) Non- appropriation of funds by Congress; or

(v) Any other reason.

(3) In such events, the contractor employees may be denied access to a NASA facility, in part or in whole, to perform work required by the contract. Contractor personnel already present at a NASA facility during such events may be required to leave the facility.

(b) In all instances where contractor employees are denied access or required to vacate a NASA facility, in part or in whole, the contractor shall be responsible to ensure contractor personnel working under the contract comply. If the circumstances permit, the contracting officer will provide direction to the contractor, which could include continuing on-site performance during the NASA facility closure period. In the absence of such direction, the contractor shall exercise sound judgment to minimize unnecessary contract costs and performance impacts by, for example, performing required work off-site if possible or reassigning personnel to other activities if appropriate.

(c) The contractor shall be responsible for monitoring the local radio, television stations, NASA websites, other communications channels, for example contracting officer notification, that the NASA facility is accessible. Once accessible the contractor shall resume contract performance as required by the contract.

(d) For the period that NASA facilities were not accessible to contractor employees, the contracting officer may –

(1) Adjust the contract performance or delivery schedule for a period equivalent to the period the NASA facility was not accessible;

(2) Forego the work;

(3) Reschedule the work by mutual agreement of the parties; or

(4) Consider properly documented requests for equitable adjustment, claim, or any other remedy pursuant to the terms and conditions of the contract.

(e) Notification procedures of a NASA facility closure, including contractor denial of access, as follows:

(1) The contractor shall be responsible for monitoring the local radio, television stations, NASA websites, other communications channels, for example contracting officer notification, for announcement of a NASA facility closure to include denial of access to the NASA facility. The contractor shall be responsible for notification of its employees of the NASA facility closure to include denial of access to the NASA facility. The dismissal of NASA employees in accordance with statute and regulations providing for such dismissals shall not, in itself, equate to a NASA facility closure in which contractor employees are denied access. Moreover, the leave status of NASA employees shall not be conveyed or imputed to contractor personnel. Accordingly, unless a NASA facility is closed and the contractor is denied access to the facility, the contractor shall continue performance in accordance with the contract.

(2) NASA’s Emergency Notification System (ENS). ENS is a NASA-wide Emergency Notification and Accountability System that provides NASA the ability to send messages, both Agency-related and/or Center-related, in the event of an emergency or emerging situation at a NASA facility. Notification is provided via multiple communication devices, e.g., E-mail, text, cellular, home/office numbers. The ENS provides the capability to respond to notifications and provide the safety status. Contractor employees may register for these notifications at the ENS website: http://www.hq.nasa.gov/office/ops/nasaonly/ENSinformation.html.

(End of clause)

MSFC 52.223-90 Asbestos Material (AUG 2015) During performance of this contract, Contractor personnel performing work in MSFC buildings may come in contact with materials containing asbestos. MSFC Buildings 4200, 4201, and 4663 are of special concern since they are known to contain a sprayed on fire insulation on or above the ceiling, usually located on the metal or concrete structure of the buildings. Examples of asbestos-containing material are floor tile, pipe and lagging insulation, exterior siding, roofing felt, and many other building materials. To facilitate communication, MSFC has established a website where the inventory of asbestos-containing material, their condition and approximate location are provided. The URL for this website is http://ais.ndc.nasa.gov/default.aspx. If the Contractor is unable to access this URL, they may contact the Contracting Officer or MSFC's Environmental Engineering and Occupational Health (EEOH) Office (organization code AS10) for assistance. Prior to performing tasks which may disturb building material containing asbestos or suspected asbestos, the Contractor shall notify MSFC's EEOH Office for assistance. The Contractor shall also be responsible for ensuring that all Contractor personnel working onsite are made aware of and comply with the requirements of this clause.

(End of clause)

MSFC 52.223-91 Hazardous Material Reporting (Feb 2016)

(a) If during the performance of this contract, the Contractor transports or accepts delivery of any hazardous materials (hazardous as defined under the latest version of Federal Standard No. 313, including revisions adopted during the term of the contract) on-site to Marshall Space Flight Center, the hazardous material shall be processed through MSFC Central Receiving to be bar-coded for inventory. Alternative receiving points may be designated if approval is granted in accordance with MWI 8550.5, Hazardous Material Management. Chemical containers shall be managed in accordance with the provisions of MWI 8550.5. The Contractor shall be responsible for ensuring that all Contractor/subcontractor personnel are made aware of and comply with this clause.

(b) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material; or with clauses regarding hazardous materials, which may be contained in the contract and/or order.

(End of clause)

MSFC 52.223-92 Environmental – General Clause (AUG 2010) Contractors performing on-site shall comply with all applicable Environmental policies and procedures including, but not limited to, MPD 8500.1, MSFC Environmental Management Policy and MPR 8500.1, MSFC Environmental Engineering and Occupational Health Program. MSFC Contractors performing on-site activities that could potentially impact the environment shall be responsible for following all established NASA/MSFC environmental procedures. These procedures and other applicable policies and procedures are available by contacting the NASA/MSFC Environmental Engineering & Occupational Health Office. Failure to comply with environmental policies and procedures, may result in damage to the environment, and could potentially result in regulatory penalties against NASA and/or the Contractor, and Contractor loss of access to NASA/MSFC facilities.

(End of clause)

MSFC 52.223-95 Prevention of and Response to Threatening Behavior in the Workplace (AUG 2010) The Contractor shall comply with all applicable Contractor responsibilities set forth in Marshall Procedural Requirements (MPR) 1600.2, Prevention of and Response to Threatening or Violent Behavior in the Workplace.

(End of clause)

MSFC 52.223-96 Medical Services (APR 2016) In accordance with MWI 1800.1, “MSFC Occupational Medicine” and MWI 3410.1, “Personnel Certification Program,” the Contractor shall utilize the medical services provided by the MSFC Medical Center for MSFC job-required medical certification health examinations. The MSFC Medical Center is located in Building 4249 and is generally open between 7:00 a.m. and 3:30 p.m., Monday through Friday (closed on Government holidays), telephone 256-544-2390. Additionally, the Contractor shall utilize the MSFC emergency medical services system for any incident that occurs at MSFC and which requires emergency medical treatment by dialing 911. Additional emergency contact numbers are accessible from the MSFC “Safety, Health and Environmental - SHE” Web site located on the ExplorNet Web page https://explornet.msfc.nasa.gov/groups/safety-health-and-environmental-she.

Applicable for onsite performance at MAF:

In accordance with MAF Organizational Issuance (AS60-OI-034), the Contractor shall utilize the medical services provided by the MAF Medical Clinic for Michoud Assembly Facility (MAF) job-required medical certification health examinations. The MAF Medical Clinic is located in Building 320 and is generally open between 7:00 am and 4:00 pm Monday through Friday (closed on Government holidays), telephone (504) 257-4663. Additionally, the Contractor shall utilize the MAF Emergency Medical Services system for any incident that occurs at MAF, and which requires emergency medical treatment, by dialing 911 or (504) 257-2333.

(End of clause)

MSFC 52.223-97 Mandatory and Required Training (JUN 2016) All Contractor personnel performing work onsite at MSFC or MAF shall complete, in a timely manner, all applicable mandatory and required training courses listed below, as well as any other current or future training requirements specified in the Statement of Work, Performance Work Statement, Specifications, Applicable Documents (including NASA, MSFC and Organizational level directives), Data Requirements Descriptions, other contract clauses and/or the System for Administration, Training, and Educational Resources for NASA (SATERN). SATERN provides web-based access to many required training courses. Contractor employees may be provided access to SATERN. The Contractor shall maintain training records for each employee, documenting the completion of this and any other required training. A list of the mandatory and required training including their titles, delivery method, frequency and target audience is accessible from the MSFC ExplorNet Web page at: https://explornet.msfc.nasa.gov/docs/DOC-15683. The content of the list and the training itself are subject to change without notice.

Training for its employees and subcontractors shall be the responsibility of the Contractor. Some certification courses are offered to the Contractor on a limited space available basis, and MSFC makes no obligation to provide this training to Contractor personnel. MSFC Contractors may develop their own training for those courses not provided, or obtain it from a qualified outside vendor – this does not give rise to an equitable adjustment to contract value. The course material to be used for certification courses developed by a Contractor and/or verification of certification by an outside vendor, shall be submitted to the MSFC Industrial Safety Branch/SHE Training Subcommittee for approval and the training is subject to audit by the Government.

(End of clause)

Resolution of Organizational Conflicts of Interest (OCI)

(a) OCI Plan. The Organizational Conflict of Interest Plan (prepared in accordance with DRD 1563MA-004) and its obligations are hereby incorporated in this contract by reference as Attachment J-11, Organizational Conflict of Interest (OCI) Plan.

(b) Changes.

(1) Either the Contractor or the Government may propose changes to the Organizational Conflict of Interest Plan. Such changes are subject to the mutual agreement of the parties and will become effective only upon incorporating the change into the plan by contract amendment. The Contractor shall propose changes in accordance with Clause H.12, Disclosure of Organizational Conflict of Interest after Contract Award.

(2) In the event that the Government and the Contractor cannot agree upon a mutually acceptable change, the Government reserves the right to make a unilateral change to the OCI Plan as necessary, with the approval of the head of the contracting activity, subject to Contractor appeal as provided in the Disputes clause.

(c) Violation. The Contractor shall report any violation of the Organizational Conflict of Interest Plan, whether by its own personnel or those of the Government or other contractors, to the Contracting Officer. This report shall include a description of the violation and the actions the Contractor has taken or proposes to take to resolve and avoid repetition of the violation. After conducting such further inquiries and discussions as may be necessary, the Contracting Officer and the Contractor shall agree on appropriate corrective action, if any, or the Contracting Officer shall direct corrective action.

(d) Breach. Any breach of the above restrictions or any nondisclosure or misrepresentation of any relevant facts required regarding organizational conflicts of interests to be disclosed may result in termination of this contract for default or other remedies as may be available under law or regulation.

(e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (e), in subcontracts where the work includes or may include tasks related to the organizational conflict of interest. The terms “Contractor” and “Contracting Officer” shall be appropriately modified to reflect the change in parties and to preserve the Government’s rights.

(End of clause)

Disclosure of Organizational Conflicts of Interest After Contract Award

(a) If the Contractor identifies an actual or potential organizational conflict of interest that has not already been adequately disclosed and resolved (or waived in accordance with FAR 9.503) (e.g., upon issuance of a Task Order), the Contractor shall make a prompt and full disclosure in writing to the Contracting Officer. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order or resolve the conflict. This reporting requirement also includes subcontractors’ actual or potential organizational conflicts of interest not adequately disclosed and resolved prior to award.

(b) OCI Plan. The Contractor shall periodically update the plan in accordance with DRD 1563MA-004, based on changes such as changes to the legal entity, the overall structure of the organization, subcontractor arrangements, contractor management, ownership, ownership relationships, or modification of the work scope.

(End of clause)

Security Badging Requirements for Foreign National Visitors and Employees of Foreign Contractors

(a) An employee of a domestic Marshall Space Flight Center (MSFC) Contractor or its subcontractor who is not a U.S. citizen (foreign national) may not be admitted to the MSFC site for purposes of performing work without special arrangements. In addition, all employees or representatives of a foreign MSFC Contractor/subcontractor may not be admitted to the MSFC site without special arrangements. For employees described above, advance notice shall be given to the MSFC Protective Services Office at least three (3) weeks prior to the scheduled need for access to the site so that instructions on obtaining access may be provided.

(b) All visit/badge requests for persons described in Paragraph (a) above shall be entered in the Identity Credential and Access Management (ICAM) System for acceptance, review, concurrence and approval purposes. When an authorized company official requests a MSFC badge for site access, he/she is certifying that steps have been taken to ensure that its contractor or subcontractor employees, visitors, or representatives will not be given access to export-controlled or classified information for which they are not authorized. The authorized company officials shall serve as the Contractor’s representative(s) in certifying that all visit/badge request forms are processed in accordance with MSFC security and export control procedures. No foreign national, representative, or resident alien Contractor/subcontractor employee shall be granted access into MSFC until a completed request has been approved and processed through the ICAM. Unescorted access will not be granted unless the MSFC Protective Services Office has completed a favorable National Agency Check with Inquiry (NACI).

(c) The Contractor agrees that it will not employ for the performance of work on this contract any individuals who are not legally authorized to work in the United States. If the MSFC Industrial Security Specialist or the Contracting Officer has reason to believe that any employee of the Contractor may not be legally authorized to work in the United States and/or on the contract, the Contractor may be required to furnish copies of Federal Form I-9 (Employment Eligibility Verification), U.S. Department of Labor Application for Alien Employment Certification, and any other type of employment authorization document.

(d) The Contractor agrees to provide the information requested by the MSFC Protective Services Office in order to comply with NASA policy directives and guidelines related to foreign visits to NASA facilities so that: (1) the visitor/employee/ representative may be allowed access to MSFC or other NASA Centers for performance of this contract; (2) required investigations can be conducted; and (3) required annual or revalidation reports can be submitted to NASA Headquarters. All requested information shall be submitted in a timely manner in accordance with instructions provided by MSFC or any other Center to be visited.

(End of clause)

[END OF SECTION]

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