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AA-2 CM Telemetry Antennas for ORION Federal contract opportunity
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NNX17624241Q
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National Aeronautics and Space Administration Shared Services Center

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National Aeronautics and Space Administration NASA Shared Services Center Stennis Space Center, MS 39529-6000

6/14/2017

SUBJECT: Request for Quotation (RFQ) NNX17624241Q, AA-2 CM Telemetry Antennas for ORION

This solicitation includes the following sections:

1. Statement of Work – Section 1

2. Instructions to Offerors – Section 2

3. Solicitation Provisions/Representations and Certifications – Section 3

4. Clauses/Terms and Conditions – Section 4

5. Quote Evaluation Criteria – Section 5

SECTION 1

PERFORMANCE WORK STATEMENT (PWS)

NASA Orion Ascent Abort 2 (AA-2) Crew Module (CM) Telemetry Antennas Part 1 General Information

1. General This is a contract for supplies and the non-personal engineering services required to design, manufacture, and qualify antennas for use in transmitting radio frequency (RF) telemetry from the Orion AA-2 Crew Module to Eastern Range Ground Stations.

1.1 Description of Supplies and Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to design, manufacture, and test the antennas as defined in this Performance Work Statement. The contractor shall perform to the requirements of this contract and the accompanying Specification for the NASA Orion Ascent Abort 2 (AA-2) Crew Module (CM) Telemetry Antennas, dated April 10, 2017, which is hereafter referred to as the specification.

1.2 Background: The Government is building a flight test vehicle to complete an ascent abort test of the Orion Multipurpose Crew Vehicle, a spacecraft, from Spaceport Florida’s Launch Complex 46 (LC46). This flight test vehicle will be unmanned and will have data systems onboard that will transmit engineering data back to Eastern Range ground stations via onboard telemetry and video transmitters. The Government requires three flight qualified antennas to transmit S-band telemetry back from the Crew Module (CM) of the flight test vehicle. The Government also requires three flight qualified antennas as spares for the three flight antennas.

1.3 Objectives:

a) Perform the non-recurring engineering (NRE) necessary to design an antenna which satisfies the requirements of the specification.

b) Deliver two (2) engineering prototype antennas to the Government for testing purposes as soon as possible after the award of the contract.

c) Deliver one (1) qualified protoqual antenna to the Government.

d) Deliver five (5) qualified flight antennas to the Government.

1.4 Scope: The scope of this contract shall be limited to providing non-recurring engineering services necessary to design an antenna which meets the requirements of the specification, testing each antenna so as to qualify each one for flight, and delivering the antennas to the Government.. The contractor shall accomplish the following major tasks:

a) Complete the non-recurring engineering required to design the antenna according to the requirements of the contract and deliver to the Government a mechanical drawing of the antenna depicting its shape including overall dimensions and depicting mechanical mounting and radio frequency connection details. The drawing shall be prepared according to best commercial practices. CLIN001

b) Manufacture and deliver to the Government two (2) engineering prototype antennas which shall meet the Antenna Radio Frequency Performance Requirements of Section 3.2.2 of the specification and the Antenna to CM Interface Requirements of Section 3.3 of the specification, but are exempted from all other requirements. These engineering prototype units are required for testing as soon as possible after the award of the contract. CLIN002

b) Manufacture one (1) protoqual antenna, test it to the standards required by Section 4.2 of the specification, and deliver it to the Government. CLIN003

c) Manufacture five (5) flight antennas, test each antenna to the standards required by Section 4.3 of the specification, and deliver them to the Government. CLIN004

1.5 Period of Performance: The period of performance shall be as specified in the contract.

1.6 General Information

1.6.1 Quality Control: As required by the specification.

1.6.2 Quality Assurance: As required by the specification.

1.6.3 Recognized Holidays: The contractor is not required to perform services on the following recognized U.S. Government Holidays:

New Year’s Day
Labor Day
Martin Luther King Jr.’s Birthday
Columbus Day
President’s Day
Veteran’s Day
Memorial Day
Thanksgiving Day
Independence Day
Christmas Day

1.6.4 Hours of Operation: The hours of operation for work performed at the contractor’s facility that does not involve direct interaction with NASA AFRC personnel shall be at the discretion of the contractor.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at the contractor’s facility.

1.6.6 Type of Contract: The Government will award a Firm-Fixed Price contract.

1.6.7 Security Requirements: Contractor personnel performing work under this contract are not required to possess a security clearance. However this work will involve data that is subject to export control restrictions under the International Traffic in Arms Regulations (ITAR), 22 CFR 120-130. Contractor personnel performing work under this contract are required to be United States Persons. In addition, the contractor shall protect all U.S. Government or other data provided under this contract with restrictive markings in accordance with the provisions of the current version of NASA Procedural Requirements (NPR) 1600.1, NASA Security Program Procedural Requirements. The security requirements are in accordance with the attached DD254. The contractor shall be responsible for safeguarding all Government equipment, information and property provided for contractor use.

1.6.8 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor’s performance. At these meetings the contracting officer will apprise the contractor of how the Government views the contractor’s performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.9 Contracting Officer Representative (COR): The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor’s performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.10 Key Personnel: The follow personnel are considered key personnel by the Government: Contract Manager. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person shall be designated in writing to the contracting officer. The contract manager shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager shall be available during the contractor’s normal hours of operation.

1.6.11 Other Direct Costs: No Other Direct Costs are authorized by this contract.

1.6.12 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.13 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive or have access to proprietary technical information (analyses, specifications or work statements, etc.) which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.1.3. CONTRACTING OFFICER’S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

ACOR
Alternate Contracting Officer’s Representative
CCE
Contracting Center of Excellence
CFR
Code of Federal Regulations
CO
Contracting Officer
CONUS
Continental United States (excludes Alaska and Hawaii)
COR
Contracting Officer Representative
COTR
Contracting Officer’s Technical Representative
COTS
Commercial-Off-the-Shelf
DD250
Department of Defense Form 250 (Receiving Report)
DD254
Department of Defense Contract Security Requirement List
DOD
Department of Defense
FAR
Federal Acquisition Regulation
HIPAA
Health Insurance Portability and Accountability Act of 1996
NASA
National Aeronautics & Space Administration
NASA FAR Sup
NASA FAR Supplement
NPD
NASA Policy Directive
NPR
NASA Procedural Requirements
OCI
Organizational Conflict of Interest
ODC
Other Direct Costs
POC
Point of Contact
PRS
Performance Requirements Summary
PWS
Performance Work Statement
QA
Quality Assurance
QAP
Quality Assurance Program
QASP
Quality Assurance Surveillance Plan
QC
Quality Control
QCP
Quality Control Program
TE
Technical Exhibit

PART 3

APPLICABLE PUBLICATIONS

3. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

3.1. The Contractor must abide by all applicable NASA directives, publications, manuals, and local policies and procedures.

a. NPD 1600.2, NASA Security Policy

b. NPR 1600.1, NASA Security Program Procedural Requirements

c. NPD 2190.1, NASA Export Control Program

d. NPR 2190.1, NASA Export Control Program

PART 4

ATTACHMENT/TECHNICAL EXHIBIT LISTING

4. Attachment/Technical Exhibit List:

4.1. Attachment 1/Technical Exhibit 1 – SPECIFICATION FOR THE NASA ORION ASCENT ABORT 2 (AA-2) CREW MODULE (CM) TELEMETRY ANTENNAS

4.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

TECHNICAL EXHIBIT 1

(Attachment 1)

TECHNICAL EXHIBIT 2

(Attachment 2)

DELIVERABLES SCHEDULE

Deliverable
Frequency
# of Copies
Medium/Format
Submit To
Mechanical Drawing of the Antenna: depicting its shape including overall dimensions and depicting mechanical mounting and radio frequency connection details. The drawing shall be prepared according to best commercial practices. CLIN001
One time, not later than the expiration date of the contract.
One (1) or more.
Contractor Specified. May be an electronic document.

NASA Johnson Space Center 2101 NASA Parkway Bldg. 420 Central Receiving Houston, TX 77058-3608

Mark For:

Sean Henderson X34285 Building 44, Room 114

Engineering Prototype Antennas: which should meet the Antenna Radio Frequency Performance Requirements of Section 3.2.2 of the specification and the Antenna to CM Interface Requirements of Section 3.3 of the specification, but are exempted from all other requirements CLIN002
One time, as soon as possible after the award of the contract.
Two (2).
Physical device.
NASA Johnson Space Center

2101 NASA Parkway Bldg. 420 Central Receiving Houston, TX 77058-3608

Mark For:

Sean Henderson X34285 Building 44, Room 114

Antenna Tested to Protoqual Levels: IAW Section 4.2 of the specification. CLIN003
One time, not later than the expiration date of the contract.
One (1).
Physical device.
NASA Johnson Space Center

2101 NASA Parkway Bldg. 420 Central Receiving Houston, TX 77058-3608

Mark For:

Sean Henderson X34285 Building 44, Room 114

Antenna Tested to Acceptance Levels: IAW Section 4.3 of the specification. CLIN004
One time, not later than the expiration date of the contract.
Five (5).
Physical device.
NASA Johnson Space Center

2101 NASA Parkway Bldg. 420 Central Receiving Houston, TX 77058-3608

Mark For:

Sean Henderson X34285 Building 44, Room 114

SECTION 2

INSTRUCTION TO OFFERORS

☒52.215-1 Instructions to Offerors – Competitive Acquisition (Jan 2017)

Quotes for the item(s) described in the RFQ are due by 6/21/2017 by 1:00 p.m. ET to Nicolas Zogaib at in order to be considered for award. If it is in the best interest of the Government, quotes submitted after the due date may be accepted. Quotes will remain valid for 30 days unless otherwise expressly stated on the quote. Submitted Quotes shall list two points of contacts including name, phone number, and email address.

All contractual and technical questions must be in writing (e-mail) to Nicolas Zogaib at no later than 6/19/2017 by 1:00 p.m. ET. Telephone questions shall not be accepted.

The NAICS Code for this procurement is 334220. The Offeror shall state in their offer their size status for this procurement.

This procurement is set aside for small business.

Offeror’s shall be registered at www.sam.gov and have the NAICS code listed above in order to be considered for award.

Submitted offers shall be F.O.B Destination for this procurement. Offers submitted on a basis other than F.O.B, Destination will be rejected as non-responsive.

The specification to which the antennas are to be built contains information which is Controlled Unclassified Information (CUI) and export controlled under the International Traffic in Arms Regulations (ITAR), 22 CFR 120-130. In addition some information related to the development of the specification, but not currently contained in the specification, is proprietary to the Orion Multipurpose Creq Vehicle Prime Contractor and is subject to the Trade Secrets Act.

Alls CUI information provided to the contractor shall be handled in accordance with CUI Implementing Regulation as published in the Code of Federal Regulations (CFR) Part 2002, “Controlled Unclassified Information”, dated 09/14/2016.

Before the contractor may obtain the specifications pertaining to this solicitation, the contractor must be approved by NASA.

SECTION 3

SOLICITATION PROVISION/REPRESENTATIONS AND CERTIFICATIONS

☒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):

FAR http://farsite.hill.af.mil/vffara.htm NFS http://farsite.hill.af.mil/vfnasaa.HTM

FEDERAL ACQUISITIONI REGULATION (FAR) PROVISIONS INCORPORATED BY REFERENCE:

☒52.204-07System for Award Management (Oct 2016)
☒52.204-16Commercial and Government Entity Code Reporting (Jul 2016)
☒52.204-17Ownership or Control of Offeror (Jul 2016)
☒52.209-02Prohibition on Contracting with Inverted Domestic Corporations – Representation (Nov 2015)
☒52.225-25Prohibition on Contracting with Entities Engaging in Sanctioned Activities Or Transactions Relating to Iran – Representation and Certifications (Oct 2015)
☐52.223-1Biobased Product Certification (May 2012)
☐52.211-6Brand Name Or Equal (Aug 1999)

NASA FAR SUPPLEMENT (NFS) PROVISIONS INCORPORATED BY REFERENCE:

☒1852.227-71Requests for Waiver of Rights to Inventions (Apr 2015)
☒1852.227-84Patent Rights Clauses (Apr 2015)

NFS AND FAR PROVISISIONS IN FULL TEXT:

☒ 52.204-8 Annual Representations and Certifications (Jan 2017) (a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 334220

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

(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 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 certification 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) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

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

(v) 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.

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

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

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

(ix) 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.

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

(xi) 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.

(xii) 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.

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

(xiv) 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.

(xv) 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.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 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.

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

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. This provision applies to solicitations that include the clause at 52.204-7.

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

(xxi) 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.

(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 $77,533, 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.

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

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

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 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 representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] ☒ (i) 52.204-17, Ownership or Control of Offeror.

☒ (ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

☐ (vii) 52.227-6, Royalty Information.

☐ (A) Basic.

☐ (B) Alternate I.

☐ (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); 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
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 SAM.

(End of Provision)

☒ 1852.213-70 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—OTHER THAN COMMERCIAL ITEMS (JUL 2004)

(a) Definitions. As used in this provision--

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.
"Forced or indentured child labor" means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Service-disabled veteran-owned small business concern" —
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service- disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
"Veteran-owned small business concern" means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned small business concern" means a small business concern—
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
(b) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701).
(1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).
(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationships with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
[ ] TIN: _____________________.
[ ] TIN has been applied for.
[ ] TIN is not required because:
[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
[ ] Offeror is an agency or instrumentality of a foreign government;
[ ] Offeror is an agency or instrumentality of the Federal Government.
(4) Type of organization.
[ ] Sole proprietorship;
[ ] Partnership;
[ ] Corporate entity (not tax-exempt);
[ ] Corporate entity (tax-exempt);
[ ] Government entity (Federal, State, or local);
[ ] Foreign government;
[ ] International organization per 26 CFR 1.6049-4;
[ ] Other _________________________.
(5) Common parent.
[ ] Offeror is not owned or controlled by a common parent;
[ ] Name and TIN of common parent:
Name ___________________.
TIN _____________________.
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern.
(6) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]
(i) [Complete only for solicitations indicated as being set-aside for emerging small businesses in one of the four designated industry groups (DIGs).] The offeror represents as part of its offer that it [ ] is, [ ] is not an emerging small business.
(ii) [Complete only for solicitations indicated as being for one of the targeted industry categories (TICs) or four designated industry groups (DIGs).] Offeror represents as follows:
(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or
(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

NUMBER OF EMPLOYEES

AVERAGE ANNUAL GROSS REVENUES

___ 50 or fewer
___ $1 million or less
___ 51-100
___ $1,000,001--$2 million
___ 101-250
___ $2,000,001--$3.5 million
___ 251-500
___ $3,500,001--$5 million
___ 501-750
___ $5,000,001--$10 million
___ 751-1000
___ $10,000,001--$17 million
___ Over 1000
___ Over $17 million
(7) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that--
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13

CFR Part 126, and the representation in paragraph (c)(7)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________________________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(8) (Complete if dollar value of the resultant contract is expected to exceed $25,000 and the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) [The offeror shall check the category in which its ownership falls]:

____ Black American.

____ Hispanic American.

____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246—
(1) Previous contracts and compliance. The offeror represents that--
(i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject

to the Equal Opportunity clause of this solicitation; and

(ii) It [ ] has, [ ] has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that—
(i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Parts 60-1 and 60-2), or
(ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act—Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (e)(2) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. The terms “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.”

(2) Foreign End Products:

LINE ITEM NO.
COUNTRY OF ORIGIN
___________________
_____________________
___________________
_____________________
___________________
_____________________

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(f)(1) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (f)(1)(ii) or (f)(1)(iii) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act".
(ii) The offeror certifies that the following supplies are FTA country end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act":
FTA Country or Israeli End Products:
LINE ITEM NO.
COUNTRY OF ORIGIN
___________________
_____________________
___________________
_____________________
___________________
_____________________

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (f)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreement—Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

LINE ITEM NO.

COUNTRY OF ORIGIN

___________________
_____________________
___________________
_____________________
___________________
_____________________

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate I (JAN 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (f)(1)(ii) for paragraph (f)(1)(ii) of the basic provision:
(f)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act":

Canadian End Products:

Line Item No.

(List as necessary)

(3) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate II (JAN 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (f)(1)(ii) for paragraph (f)(1)(ii) of the basic provision:
(f)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act":

Canadian or Israeli End Products:

LINE ITEM NO.

COUNTRY OF ORIGIN

___________________
_____________________
___________________
_____________________
___________________
_____________________

[List as necessary]

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (f)(4)(ii) of this provision, is a U.S.-made, designated country, Caribbean Basin country, or FTA country end product, as defined in the clause of this solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made, designated country, Caribbean Basin country, or FTA country end products.

Other End Products:

LINE ITEM NO.

COUNTRY OF ORIGIN

___________________
_____________________
___________________
_____________________
___________________
_____________________

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items subject to the Trade Agreements Act, the Government will evaluate offers of U.S.-made, designated country, Caribbean Basin country, or FTA country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made, designated country, Caribbean Basin country, or FTA country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(g) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (g)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at FAR 22.1503(b).]

(1) Listed end products.

Listed End Product

Listed Countries of Origin

___________________
_____________________
___________________
_____________________
___________________
_____________________
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (g)(1) of this provision, then the offeror must certify to either (g)(2)(i) or (g)(2)(ii) by checking the appropriate block.]
[ ] (i) The offeror will not supply any end product listed in paragraph (g)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.
[ ] (ii) The offeror may supply an end product listed in paragraph (g)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(End of provision)

☐1852.213-71 Evaluation–-Other Than Commercial Items.(JUN 2002)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Contracting Officer shall insert the evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304).

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(End of provision)

☒52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998).

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://procurement.nasa.gov/far/

FEDERAL ACQUSITION REGULATION (FAR) CLAUSES INCORPORATED BY REFERENCE:

☐52.204-9Personal Identity Verification of Contractor Personnel (Jan 2011)
☒52.204-13System for Award Management Maintenance (Oct 2016)
☒52.204-18Commercial and Government Entity Code Maintenance (Jul 2016)
☒52.219-6Notice of Total Small Business Set-Aside (Nov 2011)
☒52.219-28Post-Award Small Business Program Re-representation (Jul 2013)
☐52.223-2Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013)

☐ 52.223-3 Hazardous Material Identification and Material Safety Data. (Jan 1997) with Alternate I (Jul 1995)

☒52.223-18Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)
☒52.227-1Authorization and Consent. (Dec 2007) – Alternate I (Apr 1984)
☐52.227-2Notice and Assistance Regarding Patent and Copyright Infringement. (Dec 2007)
☒52.232-2Payments under Fixed-Price Research and Development Contracts. (Apr 1984)
☐52.232-9Limitation on Withholding of Payments (Apr 1984)
☒52.243-1Changes – Fixed-Price (AUG 1987) – Alternate V (Apr 1984)
☐52.245-1Government Property (Jan 2017)
☒52.246-9Inspection of Research and Development (Apr 1984)
☒52.249-1Termination for Convenience for Convenience of the Government (Fixed-Price) (Short-Form) (Apr 1984)
☒52.249-9Default (Fixed-Price Research and Development) (Apr 1984
☒52.247-34F.o.b. Destination (Nov 1991)

NASA FAR SUPPLEMENT (NFS) CLAUSES INCORPORATED BY REFERENCE:

☒1852.203-71Requirements to Inform Employees of Whistleblower rights (Aug 2014)
☐1852.204-75Security Classification Requirements (Sep 1989)
☐1852.204-76Security Requirements for Unclassified Information Technology Resources (Jan 2011)
☒1852.223-72Safety and Health (Short Form) (Apr 2002)
☒1852.223-75Major Breach of Safety or Security (Feb 2002) with Alternate I (FEB 2006)

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