4_NNM16577788R_Part_IV_Section_K_L_M.docx

Offeror fill in

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

Table of Contents

K.1 Listing of Clauses Incorporated by Reference

Clause(s) at the beginning of this Section are incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses contained in clause 52.252-2, Clauses Incorporated by Reference, of this contract.

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

I. Federal Acquisition Regulation (48 CFR Chapter 1)

CLAUSE

NUMBER TITLE DATE

None Incorporated by Reference

II. NASA FAR Supplement (48 CFR Chapter 18) Provisions

CLAUSE

NUMBER TITLE DATE

None Incorporated by Reference

(End of Clauses Incorporated by Reference)

K.2 FAR 52.204-8 Annual Representations and Certifications (APR 2016)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 541712.

(2) The small business size standard is 1,250 employees.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1) If the Provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this Provision applies.

(2) If the Provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the Offeror may choose to use paragraph (d) of this Provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[] (i) Paragraph (d) applies.

[] (ii) Paragraph (d) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This Provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This Provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This Provision applies to solicitations that do not include Provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This Provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This Provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(viii) 52.214-14, Place of Performance-Sealed Bidding. This Provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(ix) 52.215-6, Place of Performance. This Provision applies to solicitations unless the place of performance is specified by the Government.

(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This Provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic Provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The Provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xi) 52.219-2, Equal Low Bids. This Provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xii) 52.222-22, Previous Contracts and Compliance Reports. This Provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-25, Affirmative Action Compliance. This Provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This Provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xv) 52.223-1, Biobased Product Certification. This Provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvi) 52.223-4, Recovered Material Certification. This Provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xvii) 52.225-2, Buy American Certificate. This Provision applies to solicitations containing the clause at 52.225-1.

(xviii) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Basic, Alternates I, II, and III). This Provision applies to solicitations containing the clause at 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act.

(A) If the acquisition value is less than $25,000, the basic Provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the Provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the Provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the Provision with its Alternate III applies.

(xix) 52.225-6, Trade Agreements Certificate. This Provision applies to solicitations containing the clause at 52.225-5, Trade Agreements.

(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This Provision applies to all solicitations.

(xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This Provision applies to all solicitations.

(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This Provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate. None of the certifications are applicable below as indicated by (NA) not applicable.)

[NA] (i) 52.204-17, Ownership or Control of Offeror.

[NA] (ii) 52.204-20, Predecessor of Offeror.

[NA] (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[NA] (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.

[NA] (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

[NA] (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[NA] (vii) 52.227-6, Royalty Information.

[] (A) Basic.

[] (B) Alternate I.

[NA] (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this Provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201, Policy); except for the changes identified below (Offeror to insert changes, identifying change by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause No.[] Title[] Date[] Change[]

Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on System for Award Management (SAM).

(End of Provision)

K.3 FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) The Contractor’s representations and certifications, including those completed electronically via the SAM, are incorporated by reference into the contract.

(End of clause) K.4 FAR 52.209-7 Information Regarding Responsibility Matters (JUL 2013)

(a) Definitions. As used in this Provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the Offeror checked “has” in paragraph (b) of this Provision, the Offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the Offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the Offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this Provision.

(2) If the Offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this Provision, whether the Offeror has provided the requested information with regard to each occurrence.

(d) The Offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this Provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7, System for Award Management).

(End of Provision) K.5 FAR 52.230-7 Proposal Disclosure--Cost Accounting Practice Changes (APR 2005)

The Offeror shall check "yes" below if the contract award will result in a required or unilateral change in cost accounting practice, including unilateral changes requested to be desirable changes.

___ Yes ___ No

If the Offeror checked "Yes" above, the Offeror shall--

(1) Prepare the price proposal in response to the solicitation using the changed practice for the period of performance for which the practice will be used; and

(2) Submit a description of the changed cost accounting practice to the Contracting Officer and the Cognizant Federal Agency Official as pricing support for the proposal.

(End of Provision)

K.6 FAR 52.237-8 Restriction on Severance Payments to Foreign Nationals (AUG 2003)

(a) The Federal Acquisition Regulation (FAR), at 31.205-6(g)(6), Compensation for personal services, limits the cost allowability of severance payments to foreign nationals employed under a service contract performed outside the United States unless the head of the agency grants a waiver pursuant to FAR 37.113-1, Waiver of cost allowability limitations, before contract award.

(b) In making the determination concerning the granting of a waiver, the agency will determine that--

(1) The application of the severance pay limitations to the contract would adversely affect the continuation of a program, project, or activity that provides significant support services for --

(i) Members of the armed forces stationed or deployed outside the United States; or

(ii) Employees of an executive agency posted outside the United States;

(2) The Contractor has taken (or has established plans to take) appropriate actions within its control to minimize the amount and number of incidents of the payment of severance pay to employees under the contract who are foreign nationals; and

(3) The payment of severance pay is necessary in order to comply with a law that is generally applicable to a significant number of businesses in the country in which the foreign national receiving the payment performed services under the contract, or is necessary to comply with a collective bargaining agreement.

(End of Provision)

K.7 NFS 1852-209.74 Certification By Offerors Regarding Federal Income Tax Filing and Federal Income Tax Violations. (Deviation FEB 2012)

(a) In accordance with section 527 of the Consolidated and Further Continuing Appropriation Act of 2012 (Pub. L. 112-55), section 525 of the Consolidated and Further Continuing Appropriations Act of 2013 (Pub. L. 113-6), section 523 of the Consolidated Appropriations Act of 2014 (Pub. L. 113-76), and section 523 of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), none of the funds made available by these Acts may be used to enter into a contract in an amount greater than $5 Million unless the prospective Contractor certifies in writing to NASA that, to the best of its knowledge and belief, the Contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(b) The Offeror's proposal shall include a signed written certification as follows--

To the best of my knowledge and belief, ---(name of Offeror)--- has filed the Federal tax returns required during the three years preceding this certification, has not been convicted of a criminal offense under the Internal revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

Firm _____________________________________________

Signature _________________________________________

Name ____________________________________________

Title _____________________________________________

Date of execution __________________________________

(End of Provision)

K.8 NFS 1852.209-75 Representation by Corporations Regarding An Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Deviation Feb 2012)

(a) In accordance with sections 543 and 544 of the Consolidated and Further Continuing Appropriation Act of 2012 (Pub. L. 112-55), sections 540 and 541 of the Consolidated and Further Continuing Appropriations Act of 2013 (Pub. L. 113-6), sections 536 and 537 of the Consolidated Appropriations Act of 2014 (Pub. L. 113-76), and sections 744 and 745 of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), none of the funds made available by that Act may be used to enter into a contract with any corporation that

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government.

(b) The Offeror represents that –

(1) It is [ ] is not [ ] a corporation that has had any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of Provision)

K.9 NFS 1852.225-72 Restriction on Funding Activity With China--Representation (Feb 2012)

(a) Definition - "China" or "Chinese-owned" means the People's Republic of China, any company owned by the People's Republic of China or any company incorporated under the laws of the People's Republic of China.

(b) Public Laws 112-10, Section 1340(a) and 112-55, Section 536, restrict NASA from contracting to participate, collaborate, or coordinate bilaterally in any way with China or a Chinese-owned company with funds appropriated on or after April 25, 2011. Contracts for commercial and non-developmental items are excepted from the prohibition as they constitute purchase of goods or services that would not involve participation, collaboration, or coordination between the parties.

(c) Representation. By submission of its offer, the Offeror represents that the Offeror is not China or a Chinese-owned company.

[End of Section]

RFP NNM16577788R

K-11

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

Table of Contents

L.1 FAR 52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998

This solicitation incorporates one or more solicitation provisions 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. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

For Federal Acquisition Regulation (FAR) clauses and NASA FAR Supplement (NFS) clauses:

http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm The following contract clauses pertinent to this section are hereby incorporated by reference:

I. Federal Acquisition Regulation (48 CFR Chapter 1)

CLAUSE

Emergency Preparedness, and Energy Program Use APR 2008 Insert the following: “DO-C9”

II. NASA FAR Supplement (48 CFR Chapter 18) Provisions

CLAUSE

NUMBER TITLE DATE

(End of Clauses Incorporated by Reference)

(End of Provision)

L.2 Communications Regarding this Solicitation

Any communications in reference to this solicitation shall cite the solicitation number and be directed to the following Government representative:

Name: Darlene Schmidt/PS52 Phone: 256-961-2090 Email: Darlene.L.Schmidt@nasa.gov Address: PS52/Darlene Schmidt, NASA, Marshall Space Flight Center Building 4203, Room B311, MSFC, AL 35812

The contents of this Request for Proposal (RFP) should be carefully reviewed to assure that all requirements for proposal submission (e.g. data, detail, and supporting rationale) are fully met. In order to expedite the acquisition process, questions and comments regarding this solicitation shall be received by the Government no later than 12:00 p.m. Central Daylight Time (CDT) on July 15, 2016. All questions and comments will be considered in the formulation of an RFP amendment. All questions and comments must be submitted in writing; oral questions will not be accepted. Facsimile questions are not authorized. Only questions submitted via e-mail or through the U.S. Postal Service will be accepted. The Government may post summaries of questions and any answers provided on FedBizOpps, https://www.fbo.gov/ via an amendment to the solicitation.

The Document Library, Attachment A, Clarifications to All Potential Offerors and Attachment B, Change Log Responses are provided for information purposes only and to assist in proposal preparation. It is the Offerors responsibility to ensure the proposals are compliant with the requirements in the Request for Proposal (and amendments) Sections A through M and therefore take precedence over any additional information that may be provided.

L.3 FAR 52.216-1 Type of Contract (APR 1984)

The Government contemplates a single award of a Cost-Plus-Award-Fee (CPAF) contract resulting from this solicitation.

(End of Provision)

L.4 FAR 52.233-2 Service of Protest (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Name: Darlene Schmidt/PS52 Phone: 256-961-2090 Email: Darlene.L.Schmidt@nasa.gov Address: PS52/Darlene Schmidt, NASA, Marshall Space Flight Center Building 4203, Room B311, MSFC, AL 35812

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

L.5 FAR 52.252-5 Authorized Deviations in Provisions (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any NASA FAR Supplement (48 CFR Chapter 18) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Provision)

L.5.a NFS 1852.245-80 Government Property Management Information (JAN 2011)

(a) The offeror shall identify the industry leading or voluntary consensus standards, and/or the industry leading practices, that it intends to employ for the management of Government property under any contract awarded from this solicitation.

(b) The Offeror shall provide the date of its last Government property control system analysis along with its overall status, a summary of findings and recommendations, the status of any recommended corrective actions, the name of the Government activity that performed the analysis, and the latest available contact information for that activity.

(c) The Offeror shall identify any property it intends to use in performance of this contract from the list of available Government property in the provision at NFS clause 1852.245–81, List of Available Government Property.

(d) The Offeror shall identify all Government property in its possession, provided under other Government contracts that it intends to use in the performance of this contract. The Offeror shall also identify: The contract that provided the property, the responsible Contracting Officer, the dates during which the property will be available for use (including the first, last, and all intervening months), and, for any property that will be used concurrently in performing two or more contracts, the amounts of the respective uses in sufficient detail to support prorating the rent, the amount of rent that would otherwise be charged in accordance with FAR 52.245–9, Use and Charges (June 2007), and the contact information for the responsible Government Contracting Officer. The Offeror shall provide proof that such use was authorized by the responsible Contracting Officer.

(e) The Offeror shall disclose cost accounting practices that allow for direct charging of commercially available equipment, when commercially available equipment is to be used in performance of the contract and the equipment is not a deliverable.

(f) The Offeror shall identify, in list form, any equipment that it intends to acquire and directly charge to the Government under this contract. The list shall include a description, manufacturer, model number (when available), quantity required, and estimated unit cost. Equipment approved as part of the award need not be requested under NFS clause 1852.245-70.

(g) The Offeror shall disclose its intention to acquire any parts, supplies, materials or equipment, to fabricate an item of equipment for use under any contract resulting from this solicitation when that item of equipment will be titled to the government under the provisions of the contract; is not included as a contract deliverable; and the Contractor intends to charge the costs of materials directly to the contract. The disclosure shall identify the end item or system and shall include all descriptive information, identification numbers (when available), quantities required and estimated costs.

(h) Existing Government property can be found in Attachment J-11, Installation Accountable Government Property List.

(End of provision)

L.5.b NFS 1852.245-81 List Of Available Government Property (JAN 2011)

(a) The Government will make the following Government property available for use in performance of the contract resulting from this solicitation, on a no-charge-for-use basis in accordance with FAR 52.245–1, Government Property, included in this solicitation as Attachment J-11, Installation Accountable Government Property List. The Offeror shall notify the Government, as part of its proposal, of its intention to use or not use the property.

(b) The Government will make the following Government property available for use in performance of the contract resulting from this solicitation, on a no-charge-for-use basis in accordance with FAR 52.245–2, Government Property Installation Operation Services, as included in this solicitation. The Offeror shall notify the Government of its intention to use or not use the property.

(c) The selected Contractor will be responsible for costs associated with transportation, and installation of the property listed in this provision.

(End of provision)

L.6 MSFC 52.215-90 Summary Of Deviations/Exceptions (APR 1987)

The Offeror shall explain any exceptions (including deviations and conditional assumptions) taken with respect to this RFP. Any exceptions must contain sufficient amplification and justification to permit evaluation. Such exceptions will not, of themselves, automatically cause a proposal to be termed unacceptable. A large number of exceptions or one or more significant exceptions not providing any obvious benefit to the Government may, however, result in rejection of such proposal(s) as unacceptable. Highlight exceptions in the margin of the proposal where they appear in the text.

L.7 Notice of Potential Organizational Conflicts Of Interest

(a) Notice. The Contracting Officer has determined that this acquisition may give rise to an organizational conflict of interest (OCI). Accordingly, the attention of prospective Offerors is invited to FAR Subpart 9.5 --Organizational and Consultant Conflicts of Interest. The Contracting Officer shall not award a contract until NASA determines any conflict of interest is reasonably resolved. The Contracting Officer has the sole authority to determine whether an organizational conflict of interest exists and to determine whether the organizational conflict of interest has been reasonably resolved. The OCI plan will not be evaluated as part of mission suitability. However, before being eligible to receive an award, the Offeror shall submit an acceptable OCI plan (including mitigation plans for any identified OCIs). As such, the Government may communicate with any Offeror at any time during the evaluation process concerning its OCI plan.

(b) Description of Potential Conflict. The SMA function provides an assurance function that is organizationally independent from the performing organization. The Government has identified the following existing contracts including successor contracts that perform work assessed by SMA. Potential conflicts could occur, with particular attention paid to the indicated sections of the referenced contract PWS:

Notes 1, 2

Note 1

Note 1: Sections identified include all subsections unless specifically excluded.

Note 2: Potential conflict only to the extent that PWS activities are designated for independent monitoring, analysis, or verification by SMA. These designations use terminology such as ‘quality sensitive’, ‘safety critical’ or other nomenclature.

(c) Responsibility of Offeror.

(1) Applying the principles of FAR Subpart 9.5, each Offeror shall assess whether there is an organizational conflict of interest associated with the proposal it submits. The Offeror must explain the actions it intends to use to resolve any organizational conflicts of interest it finds in the Government‘s assessment and its own assessment. If its proposed resolution involves a proposed limitation on future contracting, the Offeror shall include the clause at NFS 1852.209-71, Limitation of Future Contracting in its proposal. If the proposed resolution involves use of mitigation techniques, the Offeror shall include the special clause, Mitigation of Organizational Conflicts of Interest in its proposal. Offerors may include the clause at NFS 1852.209-71 as well as a mitigation plan when their proposed resolution involves both techniques to address conflicts.

(2) Offerors are encouraged to inform the Contracting Officer of any potential conflicts of interest, including those involving contracts with other Government organizations, in their proposal. The contracting officer will use this information to determine whether resolution of those conflicts will be required.

(3) If the Offeror’s proposed action to resolve an organizational conflict of interest is not acceptable, the Contracting Officer will notify the Offeror providing the reasons why its proposed resolution is not considered acceptable and allow the Offeror a reasonable opportunity to respond before making a final decision on the organizational conflict of interest and the Offeror’s eligibility for contract award.

(d) Representation. By Submission of its offer, the Offeror represents, to the best of its knowledge and belief, that:

(1) There are no relevant facts that could give rise to an OCI, as defined in FAR Part 9.5, Organizational and Consultant Conflict Of Interest, and as also defined in FAR Part 2, Definitions; or

(2) The Offeror has disclosed all relevant information regarding any actual or potential conflicts of interest.

(e) Termination for default. If the successful Offeror was aware, or should have been aware, of an OCI before award of this contract and did not fully disclose that conflict to the Contracting Officer, the Government may terminate the contract for default.

(f) Waiver. The agency reserves the right to waive the requirements of FAR 9.5, Organizational and Consultant Conflict Of Interest, in accordance with FAR 9.503, Waiver.

(End of Provision)

L.8 Applicability of the Service Contract Labor Standards This solicitation and resulting contract are subject to the statutory provisions of the Service Contract Labor Standards, as amended, (contract clause 52.222-41), and the implementing regulations of the Act outlined in Title 29 Code of Federal Regulations, Part 4. Prospective Offerors are liable for the proper interpretation, application, implementation, and administration of the mandatory provisions of this Act. Therefore, it is imperative that Offeror take appropriate action when preparing proposals to assure compliance and ensure that the Offeror’s corporate policies are congruous with the spirit and intent of the law. Furthermore, Offeror’s shall demonstrate compliance with the minimum mandatory Service Contract Labor Standards requirements.

(End of Provision)

L.9 Contract Phase-In The services provided by this contract are vital to the Government’s overall performance. Therefore, continuity of these services must be maintained at a consistently high level without disruption. To this end, the successful Offeror shall conduct an orderly Phase-In as defined in the PWS, Section 5.0, Phase-In and Phase-Out Activities.

Phase-In shall not exceed 30 calendar days and be in accordance with clause F.2, Period of Performance. These Phase-In activities are to be performed under CLIN-1, only. Offerors shall provide Phase-In price as part of Volume III, Attachment L-3, Tab E.

(End of Provision)

L.10 Industry Day and Site Tours

(a) An MSFC Industry Day and site tour for this procurement was held on:

Site Tours at SSC and MAF were held on May 13, 2016

(b) Attendance at the briefing and tours was neither required nor a prerequisite for proposal submission and will not be considered to be in the evaluation.

(c) Potential Offeror delegations were limited to a total of three (3) representatives per company for the briefing and two (2) representatives per Offeror for the tours.

(d) Briefing charts and a list of attendees are posted on the Acquisition Web Site Portal and FedBizOps.

(End of Provision) L.11 RFP Document Library

For the purpose of this RFP, all documents directly associated with this solicitation have been uploaded to the Acquisition Planning Tool (APT) located at:

https://ec.msfc.nasa.gov/doing_business/

· Select on “Acquisition Planning Tool” button on left

· Select “S&MA Support Services for the NASA Marshall Space Flight Center” button in the middle

· Select “Details” button on right

· Select “APT Supporting Documents” button in middle

Note: The APT utilizes the acronym “S&MA” rather than “SMA” for access. However, the terminology “SMA” is correct and preferred for all other aspects of this RFP. This location includes both the applicable and referenced documents listed in Attachment J-17, Applicable and Referenced Documents and other documents of potential interest listed in Attachment L-9, Summary of Additional Items in the RFP Document Library.

(End of Provision)

L.12 RESERVED

(End of Provision)

L.13 Proposal Marking and Delivery

(a) Offerors must either deliver the proposal, modifications, or withdrawals by U.S. Postal Service mail (delivery consideration shall be in accordance with FAR 52.215-1, Instructions to Offerors – Competitive Acquisitions) or hand deliver to the location delineated below by the time specified in the Provision titled L.14, Due Date for Receipt of Proposals. Hand delivery includes the use of a commercial delivery service. Proposals that are sent by commercial carrier and are received late at the place designated in this solicitation will only be considered if it is shown that the sole or paramount cause for the late receipt was due to Government mishandling. Non-U.S. citizens that do not have a residency green card will not be given access to Redstone Arsenal for the purpose of proposal delivery. Regardless of the delivery method chosen, the proposal must be closed and sealed as if for mailing.

(b) The designated receiving office and external marking for proposals is:

NASA, George C. Marshall Space Flight Center Building 4203, Basement Lobby/SEB Attn: Darlene Schmidt/PS52 Telephone: (256) 961-2090 RFP NNM16577788R Proposal- Deliver unopened

(c) Hand delivery of proposals on the due date will only be accepted between 9:00 a.m. and 12:00 p.m. CDT. The badge provided at the Visitor Center (see item (d) below for this process) will not open the inner doors to Building 4203. A telephone is located between the outer and inner doors. Upon arrival, Offerors shall contact the person listed in (b) of this provision (dial 5-2090 or 256-961-2090 from a cellular phone) and wait for an escort.

(d) Offerors shall notify the individual listed in (b) of this Provision to coordinate the delivery of any proposal that will be hand carried to MSFC prior to the due date. Offerors that require access to MSFC for unbadged delivery personnel to hand deliver proposals shall notify Darlene.L.Schmidt@nasa.gov via e-mail and provide the following data for entry into the Visitor’s Management System (VMS) no later than two (2) business days prior to required access:

(1) Full Name

(2) Driver’s License Number and State of Issuance

(3) Citizenship – Primary and/or Dual

(4) Company Name (Is company foreign-owned? – yes/no)

If any personnel provide drivers licenses from American Samoa, or the states of Illinois, Minnesota, Missouri, or Washington, additional information may be required due to the Federal REAL ID act standards, implemented on July 21, 2014. The individual Offerors with identification from these states shall contact the individual listed in (b) of this provision to obtain a list of alternate forms of identification required.

(e) Unbadged delivery personnel should allow ample time (at least 2 hours) for processing through the gate at Redstone Arsenal. Offerors are informed that badging services are only available at the Redstone Arsenal Visitor’s Centers located at Gate 1, Martin Road, and Gate 9, Rideout Road. In addition to the information submitted in (d) of this Provision, Visitor Center personnel will require unbadged delivery personnel to present a valid driver’s license, vehicle registration, and proof of vehicle insurance or lease agreement to obtain badges. No escorts will be provided. See the MSFC Map referenced in Attachment L-9, Summary of Additional Items in the RFP Document Library to plan the drive from the chosen entry gate to the Building specified.

(End of Provision)

L.14 Due Date for Receipt of Proposals

The due date and time for receipt of proposals is as follows:

Table L.14-1 Proposal Due Dates

Date Local Time

12:00 p.m. CDT

· DRD 1566MA-001, Management Plan

· RFP Compliance Matrix (L.17 (c ))

· Attachment L-4, Cost Forms Offeror Only

· Attachment L-5, Pre-award Survey of Prospective Contractor Accounting System

· Attachment L-6, Job Description and Qualification Form for Non-Exempt Labor Categories (JD/Q)

* Requested 2 weeks prior (August 8, 2016). However, delivery is not required until the proposal due date (August 22, 2016).

L.15 NFS 1852.215-81 Proposal Page Limitations (APR 2015)

(a) Proposals shall be submitted in four volumes with the required quantities as depicted in Table L.15-1, Proposal Page Limitations. The hard copy proposal submission shall consist of each copy of each volume in a separate three-ring binder with each section appropriately identified and organized, one volume per binder. Each volume shall also include a table of contents applicable to the volume for ready reference to sections, figures, and illustrations.

(b) The following page limitations, and copies are established for each portion of the proposal submitted in response to this solicitation.

Table L.15-1 Proposal Page Limitations

· Including DRD 1566MA-001, Management Plan

· RFP Compliance Matrix (L.17(c)) 140 pages

Total does not include the Transmittal Letter (L.16 item b) Original, plus 4 Copies

plus 2 Copies

(Provided by Customers directly to Government)

plus 2 Copies

· Attachment L-4, Cost Forms Offeror Only

· Attachment L-5, Pre-award Survey of Prospective Contractor Accounting System

· Attachment L-6, Job Description and Qualification Form for Non-Exempt Labor Categories (JD/Q)

plus 2 Copies

Note: Attachments J-6, Schedule of Contract Rates, J-13, Organizational Conflict of Interest (OCI) Plan, and J-15 Management Plan, but not J-1, Government Property Management Plan, nor J-14, Safety and Health Plan.

Unlimited

All pages shall be singled sided in Volume IV

Original, plus 1 Copy (both with original hand signed SF33)

(c) It is the Offeror’s responsibility to ensure their proposals contain all the required documents as defined throughout the RFP. Pages submitted in excess of the limitations specified in this Provision will not be evaluated by the Government and will be returned to the Offeror. No exclusions are provided from page limitations for Volumes I and II, except for the proposal Transmittal Letter attached to Volume I and the completed Past Performance Interview/Questionnaire Forms which are submitted directly to the Government Contracting Officer by the Offeror's references. Therefore, all supplemental content, including but not limited to, title pages, tables of contents, sectional divider pages (pages for division of proposal parts with no narrative text), acronym lists, and blank pages (see paragraph below for foldout instructions) are included in the page limitation. Any materials contained in the front or back binder inside pockets will not be evaluated. Each side of a sheet, tab, or divider, regardless of whether it contains proposal material or left blank will be counted as a page.

(1) Volume III Cost Volume is not page limited. However, this volume is to be strictly limited to cost information. Information that can be construed as belonging in one of the other volumes of the proposal will be so construed and counted against that volume's page limitation (i.e., Mission Suitability or Past Performance) at the end of the pages in the applicable page limited volume.

(2) Each volume shall stand alone, provide complete coverage of the topic, and include responses to each item described in the proposal instructions.

(3) To minimize redundancy in the…