RFQ 80TECH26QA121.pdf

RFQ # 80TECH26QA121

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)

INFORMATION TECHNOLOGY PROCUREMENT OFFICE (ITPO)

INFORMATION TECHNOLOGY PROCUREMENTS ON-DEMAND TEAM (ITPOD)

IBM HARDWARE MAINTENANCE AND SUPPORT RENEWAL ORDER

1. Type of Order.

This order is being issued on a firm fixed price (FFP) basis.

(End of text)

2. Order of Precedence.

This order is subject to the terms and conditions of the Federal Acquisition Regulation (FAR) and the NASA Federal Acquisition Regulation Supplement (NFS) clauses included herein. The NASA ITPO-ITPOD Contracting Officer (CO) shall be contacted in the event there are any issues/disagreements regarding the terms and conditions of this order.

3. Substitution of Terms

This order contains clauses taken from, among other sources, the FAR, and NFS. Whenever the word "contract" appears in FAR or NFS clauses presented herein, substitute the word "order" respectively. In addition, throughout this entire document, the term "Contracting Officer" refers to the NASA ITPO Contracting Officer and the term FAR refers to the Revolutionary FAR Overhaul, except where specifically defined otherwise.

4. 1852.216-78 Firm Fixed Price. (DEC 1988)

The total firm fixed price of this order inclusive of all options is $TBD.

(End of clause)

5. Period of Performance

Period Start Date End Date Value Exercised Base 10/01/2026 09/30/2027 TBD Base Option 1 10/01/2027 09/30/2028 TBD TBD Option 2 10/01/2028 09/30/2029 TBD TBD

6. Place of Performance – Services.

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

Kennedy Space Center and at the Contractor’s facilities.

In accordance with commercial practice, hardware maintenance is provided as non-severable services. Hardware maintenance includes the labor for troubleshooting and part replacement.

(End of text)

7. Inspection and Acceptance.

Inspection and acceptance shall be accomplished in accordance with FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

8. Payment.

All payments shall be made in accordance with FAR clause 52.212-4, Contract Terms and Conditions - Commercial Items. Payment will be made to the contractor based on the receipt of a proper invoice and proof that services have been performed.

9. Invoices.

Invoices shall be submitted in accordance with NFS 1852. 232-80 “INVOICING

INSTRUCTIONS: SUBMISSION OF INVOICES FOR PAYMENT”

10. Section 508 Compliance

The contractor shall ensure that all products, platforms, and services delivered as part of this work statement that are Information and Communication Technology (ICT) or contain ICT, must conform to the Revised Section 508 of the Rehabilitation Act Standards, 36 C.F.R. § 1194.1 & Apps. A, C & D. The Standards may be found at Revised 508 Standards and 255 Guidelines (access-board.gov).

The Applicable Chapters for this acquisition are as follows:

508 Chapter 1: Application and Administration 508 Chapter 2: Scoping Chapter 3: Functional Performance Criteria Chapter 4: Hardware Chapter 5: Software Chapter 6: Support Documentation and Services Chapter 7: Referenced Standards - WCAG 2.0.

11. 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 these addresses:

Federal Acquisition Regulation (FAR) clauses:

https://www.acquisition.gov/?q=browsefar

NASA FAR Supplement (NFS) clauses:

https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

52.252-6 Authorized Deviations in Clauses (Nov 2020)

a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

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

FAR CLAUSES BY REFERENCE:

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) with 52.203-6 Alternate I (Nov 2021) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) 52.204-13 System for Award Management Maintenance (Deviation SEP 2025) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Deviation DEC 2025) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(Deviation DEC 2025) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Deviation DEC

2025) 52.212-4 Contract Terms and Conditions-Commercial Items (Deviation SEP 2025) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Deviation DEC 2025) 52.219-8 Utilization of Small Business Concerns (Deviation DEC 2025) 52.222-3 Convict Labor (Deviation DEC 2025) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Deviation DEC 2025) 52.222-35 Equal Opportunity for Veterans (Deviation DEC 2025) 52.222-36 Equal Opportunity for Workers with Disabilities (Deviation DEC 2025) 52.222-37 Employment Reports on Veterans (Deviation DEC 2025)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Deviation DEC 2025)

52.222-50 Combating Trafficking in Persons (Deviation DEC 2025) 52.222-90 Addressing DEI Discrimination by Federal Contractors (Deviation APR 2026) 52.223-23 Sustainable Products and Services (DEVIATION – DEC 2025) 52.225-1 Buy American-Supplies (Deviation DEC 2025) 52.225-1 Alternate I (Deviation DEC 2025) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY

2024) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (Oct

2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.233-3 Protest After Award (Deviation SEP 2025) 52.233-4 Applicable Law for Breach of Contract Claim (Deviation SEP 2025) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Deviation DEC

2025)

NASA FAR SUPPLEMENT CLAUSES BY REFERENCE:

1852.203-71 Requirement to Inform Employees of Whistleblower Rights. (JUL 2023) 1852.215-84 Ombudsman (NOV 2023) 1852.237-73 Release of Sensitive Information (Deviation DEC 2025)

(End of by reference section)

FAR CLAUSES IN FULL TEXT:

12. 52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within any day before contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend prior to contract expiration. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months.

13. 52.240-91 Security Prohibitions and Exclusions (Deviation SEP 2025)

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C.

44801(12)).

(b) Prohibitions on providing or using specific products or services in performance of contract.

Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:

(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328));

(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));

(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing—

(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone Act—covered foreign entities.

(1) Prohibition. The Contractor is prohibited from—

(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);

(ii) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118- 31); and

(iii) On or after December 22, 2025, using Federal funds to procure or operate a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31).

(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American Security Drone Act—covered foreign entities before proposing, or using in performance of the contract, any unmanned aircraft system. Also, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.

(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not apply where the agency has determined an exemption, exception, or waiver applies, and the contract indicates that such a determination has been made. See sections 1823 through 1825 and 1832 of Public Law 118-31 for statutory requirements pertaining to exemptions, exceptions, and waivers.

(d) Prohibition on using or providing specific products or services or conducting certain transactions regardless of connection to contract.

(1) Certain telecommunications and video surveillance equipment, systems, or services.

(i) Unless an applicable waiver has been issued by the Government, the Contractor cannot use any equipment, systems, or services that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system (paragraph (a)(1)(B) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)).

(ii) This prohibition applies to using covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. This does not prohibit the contractor from using—

(A) A service that connects to the facilities of a third party, such as backhaul, roaming, or interconnection arrangements; or

(B) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Office of Foreign Assets Control Restrictions.

(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(ii) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas.

(A) For lists of entities and individuals subject to economic sanctions, see OFAC’s List of Specially Designated Nationals and Blocked Persons at https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists.

(B) For more information about these restrictions, as well as updates, see OFAC’s regulations at 31 CFR chapter V and at https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information.

(C) To conduct electronic screens of potential parties to regulated transactions, see the consolidated screening list at https://www.trade.gov/consolidated-screening-list, which consolidates multiple export screening lists of the Departments of Commerce, State, and the Treasury.

(3) Sudan prohibition. The Contractor is prohibited from conducting any restricted business operations in Sudan in accordance with Accountability and Divestment Act of 2007 (Pub. L. 110-174).

(4) Iran prohibitions.

(i) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, the contractor shall not engage in certain activities or transactions relating to Iran (section 6(b)(1)(A) of Iran Sanctions Act (50 U.S.C. 1701 note).

(ii) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, contractor shall not export certain sensitive technology to Iran, as determined by the President, and has an active exclusion in

SAM (22 U.S.C. 8515).

(iii) The prohibition in paragraphs (d)(4)(i) and (d)(4)(ii) do not apply if the acquisition is subject to trade agreements and the offeror certifies that all the offered products are designated country end products or designated country construction material (see part 25).

(iv) Unless an exception applies or the Government grants a waiver, contractors are prohibited from knowingly engaging in any significant transaction (i.e., over $15,000) with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked according to the International Emergency Economic Powers Act (section 6(b)(1)(B) of Iran Sanctions Act (50 U.S.C. 1701 note)).

(e) Governmentwide exclusion and removal orders.

(1) Unless the Government has issued an applicable waiver, contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts, DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders.

(3) The Government may identify in the solicitation other FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resulting contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 40.204-1(c)).

(f) Reasonable inquiry. The contractor shall conduct a reasonable inquiry to determine if there are any prohibited products or services. The inquiry will look at any information in the entity’s possession but does not need to include an internal or third-party audit.

(g) Removal of prohibited products and services. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that this clause prohibits.

(h) General report.

(1) If the Contractor identifies or is notified by any source, (including a subcontractor at any tier), that any product or service provided or used (or to be provided or used) during contract performance does not comply with any prohibition in this clause, then the Contractor shall report the following information, or as much information is known, in writing to the contracting office as identified in paragraph (h)(2) within 72 hours:

(i) Contract number and order number, if applicable;

(ii) The specific prohibition the product or service is not complying with;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the contractor would like the Government to consider a waiver, and asks for such a waiver);

(vii) Whether alternative products or services are available that would comply with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions implemented or recommended.

(2) If a report must be submitted to a contracting office, the Contractor shall submit the report as follows:

(i) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(iii) For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(3) If the report provided does not contain any of the information required by paragraph (h)(1) of this clause, and the contractor later discovers new information that is required by paragraph (h)(1) of this clause, then the contractor shall submit a subsequent report within 72 hours of discovering the new information.

(4) The contractor shall also report the information in paragraph (h)(1) if the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification.

(i) New FASCSA orders report.

(1) During contract performance, the Contractor shall review SAM at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (e) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

The inquiry will look at any information in the entity’s possession but does not need to include an internal or third-party audit.

(3) The Contractor shall submit a report to the contracting office identified in paragraph (h)(2) of this clause if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s). For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order. The Contractor shall report the following information within 72 hours for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order:

(i) Contract number and order number, if applicable;

(ii) Name of the covered article or source subject to a FASCSA order;

(iii) The specific FASCSA order the product or service does not comply with;

(iv) The elements of (h)(1)(iii) through (ix) of this clause.

(j) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph

(j) but excluding subparagraphs (d)(1) and (i)(1), in all subcontracts and other contractual instruments, including subcontracts for acquiring commercial products or commercial services.

14. 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (NOV 2025)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information—

(1) Means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government; but

(2) Does not include information provided by the Government to the public (such as on public websites) or simple transactional information (such as information necessary to process payments).

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.

3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements.

(1) Basic requirements. The Contractor shall safeguard its covered contractor information systems by implementing, at minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal departments and agencies relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products, other than commercially available off-the-shelf items, or commercial services), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

NASA FAR SUPPLEMENT CLAUSES IN FULL TEXT

16. 1852.225-70 Export Licenses. (Deviation DEC 2025)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR parts 120-130, and the Export Administration Regulations (EAR), 15 CFR parts 730-799, in the performance of this contract.

In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.

(b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at any NASA facility, where the foreign person will have access to export-controlled technical data or software.

(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.

(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.

15. 1852.232-80 Submission of Vouchers/Invoices for Payment. (APR 2018)

(a) The designated payment office is the NASA Shared Services Center (NSSC) located at FMD Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

(b) Except for classified vouchers, the Contractor shall submit all vouchers and invoices using the steps described at NSSC’s Vendor Payment information web site at:

https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at 1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.

(c) Payment requests.

(1) The payment periods are stipulated in the payment clause(s) contained in this contract.

(2) Vouchers submitted under cost-type contracts and invoices submitted under fixed-price contracts shall include the items delineated in FAR 32.905(b) supported by relevant back-up documentation. Back-up documentation shall include at a minimum, the following information:

(i) Vouchers.

(A) Breakdown of billed labor costs and associated contractor generated supporting documentation for billed direct labor costs to include rates used and number of hours incurred.

(B) Breakdown of billed other direct costs (ODCs) and associated contractor generated supporting documentation for billed ODCs.

(C) Indirect rate(s) used to calculate the amount of billed indirect expenses.

(D) Progress reports, as required.

(ii) Invoices.

(A) Description of goods and services delivered as part of the contract’s terms and conditions, including the dates of delivery/performance.

(B) Progress reports, as required.

(C) Date goods and services were performed.

(iii) Fee vouchers.

(A) Listing of all provisionally-billed fee by period or date earned since contract award.

(B) A reconciliation of all billed and earned fee.

(C) A clear explanation of the fee calculations.

(d) Non-electronic payment requests. The Contractor may submit a non-electronic voucher/invoice using the steps for non-electronic payment requests described at https://www.nssc.nasa.gov/vendorpayment, when any of the following conditions are met:

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor.

(2) The contract includes provisions allowing the contractor to submit vouchers or invoices using the steps for non-electronic payment requests. In such instances the Contractor agrees to submit non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) Improper vouchers/invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in a voucher/invoices within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (b) of this section.

(f) Other payment clauses. In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(g) In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate payment request for the amount withheld will be required before payment for that amount may be made.

List of Attachments

The following documents are attached hereto and made a part of this order:

Attachment Description A OCIO and ITPO Rider B Requirements

Attachment A – OCIO and ITPO Rider

The NASA IT Software and Hardware Rider

1. Audit and Compliance Review Notifications

All audit and compliance review notifications, to include anti-piracy violation inquiries, must be submitted via email to the Contracting Officer and Agency Software Manager. NASA will have 30 days to respond to all requests.

2. Use of Software with Automated Reporting Features

Automated reporting by a software firm with whom NASA maintains a licensing agreement must be encrypted through use of a VPN or over an authorized secure port to ensure information about NASA’s users and network is not exposed. Automated reporting from licensed software must not include personally identifiable information about NASA users. Automated reporting via unsecure means will not be allowed and such traffic will be blocked by NASA. NASA will not reconfigure security controls or firewall rules to accommodate automated software reporting. Automated report blocking by NASA will not constitute a violation of Publisher terms and all stated clauses to this effect are void.

3. Geographical Limitations

Use of the license(s) shall not be restricted to specific locations or time zones nor require additional license(s) for use within the US or US territory. License use may transfer to other NASA/government sites as required to perform required work. Publisher may request notification prior to license relocation.

4. License Usage

In performance of NASA business, license(s) may be used by Government personnel and Government contractors. No additional licensing requirements will be applied or enforced for contractor usage in performance of contracting duties or projects.

5. Contract Terms

Additional terms and conditions added to quotes and purchases will not be binding or act as a contract modification.

6. Reporting

Report requests for usage or entitlements must be submitted and approved by the contracting officer, prior to report generation. Reports will not be utilized to generate or compel compliance action(s).

Generated reports will not be shared with any 3rd party without prior consent by NASA. All requests to share data with 3rd parties must be submitted in writing and disclose identity of third party, all information to be shared, justification for sharing information, and data retention period. NASA may require additional information depending on security posture.

Attachment A – OCIO and ITPO Rider

7. Reserved

8. Artifacts (received from Dept of State)

The Contractor must regularly identify, assess, monitor, and mitigate cybersecurity supply chain risks when providing covered articles or services to the Government. The Contractor shall maintain artifacts (i.e., any byproduct of hardware or software development that helps describe the architecture, design, and function of that hardware or software) that document its compliance with this paragraph and shall provide these artifacts to the Government within 48 hours of request, which may be redacted to remove sensitive proprietary information.

9. Price Sharing (received from OMB Memo M-16-12) NASA may share all prices, terms, and conditions for commercial and COTS software licenses with other Government entities, including posting said information to the Acquisition Gateway.

Terms or conditions that preclude NASA from sharing prices paid with other Federal agencies are prohibited.

10. License and Grants: At the time NASA places an order for PUBLISHER products, the contractor shall execute an order for a PUBLISHER EULA specifying the license grant details, including the license type, unit of measure, delivery location as requested by NASA, and the units ordered. The contractor acknowledges that NASA and its users shall not be bound by the terms of “Click Wrap” licenses or other related end user terms in the PUBLISHER EULA to the extent such “Click Wrap” licenses or end user terms conflict with the terms of this agreement.

3576 L5B 1321146 HWMA IBM TS3310 LTO 35-Slot Loader Chassis 24x7x4 1

3576 L5B 1325330 HWMA IBM TS3310 LTO 35-Slot Loader Chassis 24x7x4 1

3576 L5B 1324491 HWMA IBM TS3310 LTO 35-Slot Loader Chassis 24x7x4 1

2078 24E 78ZZ2F7 HWMA IBM StorWize V5000 24-SLOT 2.5IN SAS DISK EXPANSIO 24x7x4 1

2078 24E 78ZZ0TT HWMA IBM StorWize V5000 24-SLOT 2.5IN SAS DISK EXPANSIO 24x7x4 1

2078 24E 78ZZ0RF HWMA IBM StorWize V5000 24-SLOT 2.5IN SAS DISK EXPANSIO 24x7x4 1

2078 24C 78ZZ2AX HWMA IBM StorWize V5000 24-SLOT 2.5IN CONTROL ENCLOSURE 24x7x4 1

2078 24C 78ZZ0ZY HWMA IBM StorWize V5000 24-SLOT 2.5IN CONTROL ENCLOSURE 24x7x4 1

2078 24C 78ZZ0ZX HWMA IBM StorWize V5000 24-SLOT 2.5IN CONTROL ENCLOSURE 24x7x4 1

2078 12E 78ZZ310 HWMA IBM StorWize V5000 12-SLOT 3.5IN SAS DISK EXPANSIO 24x7x4 1

2078 12E 78ZZ30Z HWMA IBM StorWize V5000 12-SLOT 3.5IN SAS DISK EXPANSIO 24x7x4 1

2078 12E 78ZZ30Y HWMA IBM StorWize V5000 12-SLOT 3.5IN SAS DISK EXPANSIO 24x7x4 1

2078 12E 78ZZ30X HWMA IBM StorWize V5000 12-SLOT 3.5IN SAS DISK EXPANSIO 24x7x4 1

2078 12E 78ZZ30W HWMA IBM StorWize V5000 12-SLOT 3.5IN SAS DISK EXPANSIO 24x7x4 1

2078 12E 78ZZ30V HWMA IBM StorWize V5000 12-SLOT 3.5IN SAS DISK EXPANSIO 24x7x4 1

2078 12E 78ZZ30T HWMA IBM StorWize V5000 12-SLOT 3.5IN SAS DISK EXPANSIO 24x7x4 1

2078 12E 78ZZ30R HWMA IBM StorWize V5000 12-SLOT 3.5IN SAS DISK EXPANSIO 24x7x4 1

2078 12E 78ZZ2XT HWMA IBM StorWize V5000 12-SLOT 3.5IN SAS DISK EXPANSIO 24x7x4 1

2078 12E 78ZZ2XR HWMA IBM StorWize V5000 12-SLOT 3.5IN SAS DISK EXPANSIO 24x7x4 1

2078 12E 78ZZ2XP HWMA IBM StorWize V5000 12-SLOT 3.5IN SAS DISK EXPANSIO 24x7x4 1

2078 12E 78ZZ2H2 HWMA IBM StorWize V5000 12-SLOT 3.5IN SAS DISK EXPANSIO 24x7x4 1

2078 12E 78ZZ2H1 HWMA IBM StorWize V5000 12-SLOT 3.5IN SAS DISK EXPANSIO 24x7x4 1

2078 12E 78ZZ1T9 HWMA IBM StorWize V5000 12-SLOT 3.5IN SAS DISK EXPANSIO 24x7x4 1

2078 12E 78ZZ1T8 HWMA IBM StorWize V5000 12-SLOT 3.5IN SAS DISK EXPANSIO 24x7x4 1

2078 12E 78ZZ1T7 HWMA IBM StorWize V5000 12-SLOT 3.5IN SAS DISK EXPANSIO 24x7x4 1

2078 12E 78ZZ1T6 HWMA IBM StorWize V5000 12-SLOT 3.5IN SAS DISK EXPANSIO 24x7x4 1

2078 12E 78ZZ1T3 HWMA IBM StorWize V5000 12-SLOT 3.5IN SAS DISK EXPANSIO 24x7x4 1

2078 12C 78ZZ26W HWMA IBM StorWize V5000 12-SLOT 3.5IN CONTROL ENCLOSURE 24x7x4 1

2078 12C 78ZZ26K HWMA IBM StorWize V5000 12-SLOT 3.5IN CONTROL ENCLOSURE 24x7x4 1

2078 12C 78ZZ266 HWMA IBM StorWize V5000 12-SLOT 3.5IN CONTROL ENCLOSURE 24x7x4 1

2078 12C 78ZZ1XA HWMA IBM StorWize V5000 12-SLOT 3.5IN CONTROL ENCLOSURE 24x7x4 1

2078 12C 78ZZ1X9 HWMA IBM StorWize V5000 12-SLOT 3.5IN CONTROL ENCLOSURE 24x7x4 1

2498 F48 130677B HWMA SAN48B-5 24x7x4 1

2498 F48 130677C HWMA SAN48B-5 24x7x4 1

2498 F48 130701H HWMA SAN48B-5 24x7x4 1

2498 F48 130701P HWMA SAN48B-5 24x7x4 1

2498 F48 130701R HWMA SAN48B-5 24x7x4 1

2498 F48 130701V HWMA SAN48B-5 24x7x4 1

2498 F48 130701X HWMA SAN48B-5 24x7x4 1

2498 F48 130702B HWMA SAN48B-5 24x7x4 1

2498 F48 130702G HWMA SAN48B-5 24x7x4 1

2498 F48 130702L HWMA SAN48B-5 24x7x4 1

2498 F48 130702M HWMA SAN48B-5 24x7x4 1

2498 F48 130702N HWMA SAN48B-5 24x7x4 1

2498 F48 10425XP HWMA SAN48B-5 24x7x4 1

2498 F48 10426PA HWMA SAN48B-5 24x7x4 1

2498 F48 10426PC HWMA SAN48B-5 24x7x4 1

2498 F48 10426PL HWMA SAN48B-5 24x7x4 1

80TECH26QA121

Attachment B: Requirements

OTHER RFQ PROVISIONS:

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):

Federal Acquisition Regulation (FAR) clauses:

https://www.acquisition.gov/?q=browsefar

NASA FAR Supplement (NFS) clauses:

https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

52.252-5 Authorized Deviations in Provisions (NOV 2020)

(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…