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pdfPARTS 1700–1732 [RESERVED]
PART 1733—PROTESTS, DISPUTES,
AND APPEALS
Subpart 1733.2—Disputes and Appeals
Sec.
1733.203 Applicability.
1733.203–70 Designation of the Interior
Board of Contract Appeals to decide OPM
appeals.
1733.209 Suspected fraudulent claims.
1733.211 Contracting officer’s decision.
1733.212 Contracting officer’s duties upon
appeal.
1733.214 Contract clause.
AUTHORITY: 40 U.S.C. 486(c); 48 CFR 1.301.
SOURCE: 51 FR 44296, Dec. 9, 1986, unless
otherwise noted.
Subpart 1733.2—Disputes and
Appeals
1733.203
Applicability.
(a) The Office of Personnel Management’s (OPM) procurement executive
shall make the determination prescribed under FAR 33.203(b).
(b) Requests for determinations
under paragraph (a) of this section
shall be submitted by OPM’s contracting officer through OPM’s head of
the contracting activity to the procurement executive for further action.
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1733.203–70 Designation of the Interior Board of Contract Appeals to
decide OPM appeals.
(a) The Interior Board of Contract
Appeals (IBCA) has been designated by
the Director of OPM to consider and
determine appeals from decisions of a
contracting officer arising under a contract or relating to a contract made by
OPM. This delegation governs disputes
between OPM and its prime contractors and does not encompass any claim
made by a third party beneficiary of, or
by a subscriber to, a Federal employee
insurance program.
(b) The address of IBCA is 801 North
Quincy Street, Arlington, VA 22203.
(c) IBCA rules of procedure can be
found in 43 CFR part 4.
1733.209 Suspected fraudulent claims.
If the contractor is unable to support
any part of the claim and there is evidence that the inability is attributable
to misrepresentation of fact or to fraud
on the part of the contractor, the contracting officer shall refer the matter
through the head of the contracting activity to OPM’s Offices of the Inspector
General and the General Counsel.
1733.211 Contracting officer’s decision.
The written decision required by
FAR 33.211(a)(4) shall include, in the
paragraph
listed
under
FAR
33.211(a)(4)(v), specific reference to the
Interior Board of Contract Appeals, 801
North Quincy Street, Arlington, VA
22203, and its procedures under 43 CFR
part 4. The IBCA optional small claims
(expedited) procedures and accelerated
procedures under 43 CFR 4.113 shall
also be referenced as required by the
FAR.
[51 FR 44296, Dec. 9, 1986, as amended at 51
FR 44296, Dec. 9, 1986]
1733.212 Contracting officer’s duties
upon appeal.
(a) When a notice of appeal has been
received, the contracting officer shall
endorse on the appeal the date of mailing (or the date of receipt if the notice
was not mailed) and forward it to IBCA
by certified mail within 5 days of receipt. OPM’s Office of the General
Counsel and the Department of the Interior’s (DOI) Office of the Solicitor
shall also be notified of the appeal by
the contracting officer. 43 CFR 4.103.
(b) The contracting officer shall prepare and transmit the documentation
and information required by 43 CFR
4.104 in the form of an appeal file to
IBCA, OPM’s Office of the General
Counsel, DOI’s Office of the Solicitor,
and appellant or appellant’s counsel
within 30 days after receipt of a notice
of appeal or advice that an appeal has
been docketed by IBCA.
1733.214 Contract clause.
The Disputes clause contained in
FAR 52.233–1 shall be used with its Alternate I in all OPM solicitations and
contracts.
[51 FR 44296, Dec. 9, 1986, as amended at 68
FR 62022, Oct. 31, 2003]
PARTS 1734–1799 [RESERVED]
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CHAPTER 18—NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
EDITORIAL NOTE: Nomenclature changes to chapter 18 appear at 58 FR 51136, Sept. 30, 1993,
and 67 FR 30602, May 7, 2002.
SUBCHAPTER A—GENERAL
Part
Page
1800
1801
1803
1804
[Reserved]
Federal Acquisition Regulations System ................
Improper business practices and personal conflicts
of interest .............................................................
Administrative matters ..........................................
175
176
179
SUBCHAPTER B—COMPETITION AND ACQUISITION PLANNING
1805
1806
1807
1808
1809
1811
1812
Publicizing contract actions ...................................
Competition requirements ......................................
Acquisition planning ...............................................
Required sources of supplies and services ...............
Contractor qualifications ........................................
Describing agency needs .........................................
Acquisition of commercial items ............................
181
181
181
182
182
183
183
SUBCHAPTER C—CONTRACTING METHODS AND CONTRACT TYPES
1813
1814
1815
1816
1817
Simplified acquisition procedures ...........................
Sealed bidding .........................................................
Contracting by negotiation .....................................
Types of contracts ...................................................
Special contracting methods ...................................
186
186
187
191
202
SUBCHAPTER D—SOCIOECONOMIC PROGRAMS
1819
1822
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1823
1824
Small business programs .........................................
Application of labor laws to Government acquisitions .....................................................................
Environment, energy and water efficiency, renewable energy technologies, occupational safety,
and drug-free workplace .......................................
Protection of privacy and freedom of information
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203
208
208
210
48 CFR Ch. 18 (10–1–21 Edition)
Part
Page
1825
Foreign acquisition .................................................
211
SUBCHAPTER E—GENERAL CONTRACTING REQUIREMENTS
1827
1828
1830
1831
1832
1833
Patents, data, and copyrights .................................
Bonds and insurance ................................................
Cost accounting standards administration .............
Contract cost principles and procedures .................
Contract financing ..................................................
Protests, disputes, and appeals ...............................
213
220
223
224
224
227
SUBCHAPTER F—SPECIAL CATEGORIES OF CONTRACTING
1834
1835
1836
1837
1839
Major system acquisition ........................................
Research and development contracting ..................
Construction and architect-engineer contracts ......
Service contracting .................................................
Acquisition of information technology ...................
228
229
230
232
234
SUBCHAPTER G—CONTRACT MANAGEMENT
1840
1841
1842
1843
1844
1845
1846
1847
1849
1850
[Reserved]
Acquisition of utility services .................................
Contract administration and audit services ...........
Contract modifications ...........................................
Subcontracting policies and procedures ..................
Government property ..............................................
Quality assurance ....................................................
Transportation ........................................................
Termination of contracts ........................................
Extraordinary contractual actions and The Safety
Act .......................................................................
Use of Government sources by contractors .............
1851
235
235
236
236
236
246
254
254
254
256
SUBCHAPTER H—CLAUSES AND FORMS
1852
1853
Solicitation provisions and contract clauses ..........
[Reserved]
SUBCHAPTER I—AGENCY SUPPLEMENTARY REGULATIONS
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1872–1899
[Reserved]
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257
SUBCHAPTER A—GENERAL
PART 1800 [RESERVED]
1801.105
PART 1801—FEDERAL ACQUISITION
REGULATIONS SYSTEM
1801.105–1 Publication and code arrangement.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
(b)(i) The NFS is an integrated document that contains both acquisition
regulations that require public comment and internal Agency guidance
and procedures that do not require public comment. NASA personnel must
comply with all regulatory and internal guidance and procedures contained
in the NFS.
(ii) NFS regulations that require public comment are issued as chapter 18 of
title 48, CFR.
(iii) The single official NASA-maintained version of the NFS is on the
Internet (https://www.hq.nasa.gov/office/
procurement/regs/NFS.pdf).
SOURCE: 61 FR 40534, Aug. 5, 1996, unless
otherwise noted.
[69 FR 21762, Apr. 22, 2004, as amended at 83
FR 28386, June 19, 2018]
1801.000
1801.105–2 Arrangement
of
regulations. (NASA supplements paragraph (b))
Sec.
1801.000
Scope of part.
Subpart 1801.1—Purpose, Authority,
Issuance
1801.103 Authority.
1801.104 Applicability.
1801.105 Issuance.
1801.105–1 Publication and code arrangement.
1801.105–2 Arrangement of regulations.
1801.106 OMB approval under the Paperwork
Reduction Act.
Scope of part.
This part sets forth general information about the National Aeronautics
and Space Administration (NASA) Federal Acquisition Regulations (FAR)
Supplement, also referred to as the
NFS.
Subpart 1801.1—Purpose,
Authority, Issuance
1801.103 Authority.
(NASA
ments paragraph (a))
supple-
(a) Under the following authorities,
the Administrator has delegated to the
Assistant Administrator for Procurement authority to prepare, issue, and
maintain the NFS:
(i) The National Aeronautics and
Space Act of 1958 (Public Law 85–568; 42
U.S.C. 2451 et seq.).
(ii) 10 U.S.C. chapter 137.
(iii) Other statutory authority.
(iv) FAR subpart 1.3.
1801.104
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Issuance.
Applicability.
The NFS applies to all acquisitions
as defined in FAR part 2 except those
expressly excluded by the FAR or this
chapter.
(b)(1)(A) Numbering of NFS text implementing the FAR shall be the same
as that of the related FAR text, except
when the NFS coverage exceeds one
paragraph. In such case the NFS text is
numbered by skipping a unit in the
FAR 1.105–2(b)(2) prescribed numbering
sequence. For example, two paragraphs
implementing FAR 1.105–2(b)(1) are
numbered 1801.105–2(b)(1) (A) and (B),
rather than (1) (i) and (ii). Further subdivision of the NFS implementing
paragraphs would follow the prescribed
sequence in FAR 1.105(b)(2).
(B) NFS text that supplements the
FAR is numbered the same as its FAR
counterpart with the addition of a
number 70 and up. For example, NFS
supplement of FAR subsection 1.105–3
is numbered 1801.105–370. Supplemental
text exceeding one paragraph is numbered using the FAR 1.105–2(b)(2) prescribed numbering sequence without
skipping a unit.
(2) Subdivision numbering below the
fourth level repeats the numbering sequence using italicized letters and
numbers.
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1801.106
48 CFR Ch. 18 (10–1–21 Edition)
1801.106 OMB approval under the Paperwork Reduction Act.
The following OMB control numbers
apply:
SOURCE: 79 FR 43959, July 29, 2014, unless
otherwise noted.
OMB
control
No.
NFS Segment
1823 ...................................................................
1827 ...................................................................
1852.223–70 ......................................................
NF 533 ...............................................................
NF 1018 .............................................................
2700–0089
2700–0052
2700–0160
2700–0003
2700–0017
[81 FR 75345, Oct. 31, 2016]
PART 1803—IMPROPER BUSINESS
PRACTICES
AND
PERSONAL
CONFLICTS OF INTEREST
Subpart 1803.1—Safeguards
Sec.
1803.104 Procurement integrity.
1803.104–1 Definitions.
Subpart 1803.9—Contractor Employee
Whistleblower Protections
1803.900 Scope of subpart.
1803.901 Definition.
1803.903 Policy.
1803.904 Procedures for filing complaints.
1803.905 Procedures for investigating complaints.
1803.906 Remedies.
1803.907 Classified information.
1803.970 Contract clause.
Subpart 1803.70—IG Hotline Posters
1803.7000
1803.7001
Policy.
Contract clause.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 61 FR 40537, Aug. 5, 1996, unless
otherwise noted.
Subpart 1803.1—Safeguards
1803.104
Procurement integrity.
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1803.104–1
Subpart 1803.9—Contractor Employee Whistleblower Protections
Definitions.
Agency ethics official means for Headquarters, the General Counsel and the
Associate General Counsel for General
Law, and for each center, the Chief
Counsel.
[62 FR 36704, July 9, 1997. Redesignated at 67
FR 30603, May 7, 2002]
1803.900
Scope of subpart.
This subpart applies to NASA instead
of FAR subpart 3.9.
(a) This subpart implements 10 U.S.C.
2409 as amended by section 846 of the
National Defense Authorization Act for
Fiscal Year 2008 (Pub. L. 110–181), section 842 of the National Defense Authorization Act for Fiscal Year 2009
(Pub. L. 110–417), and section 827 of the
National Defense Authorization Act for
Fiscal Year 2013 (Pub. L. 112–239).
(b) This subpart does not apply to
any element of the intelligence community, as defined in 50 U.S.C. 3003(4).
This subpart does not apply to any disclosure made by an employee of a contractor or subcontractor of an element
of the intelligence community if such
disclosure—
(1) Relates to an activity or an element of the intelligence community; or
(2) Was discovered during contract or
subcontract services provided to an element of the intelligence community.
1803.901
Definition.
Abuse of authority, as used in this
subpart, means an arbitrary and capricious exercise of authority that is inconsistent with the mission of NASA
or the successful performance of a
NASA contract.
1803.903 Policy.
(a) Policy. 10 U.S.C. 2409 prohibits
contractors or subcontractors from discharging, demoting, or otherwise discriminating against an employee as a
reprisal for disclosing, to any of the entities listed at paragraph (b) of this
section, information that the employee
reasonably believes is evidence of gross
mismanagement of a NASA contract, a
gross waste of NASA funds, an abuse of
authority relating to a NASA contract,
a substantial and specific danger to
public health or safety, or a violation
of law, rule, or regulation related to a
NASA contract (including the competition for or negotiation of a contract).
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National Aeronautics and Space Administration
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Such reprisal is prohibited even if it is
undertaken at the request of an executive branch official, unless the request
takes the form of a non-discretionary
directive and is within the authority of
the executive branch official making
the request.
(b) Entities to whom disclosure may
be made:
(1) A Member of Congress or a representative of a committee of Congress.
(2) The NASA Inspector General or
any other Inspector General that has
oversight over contracts awarded by or
on behalf of NASA.
(3) The Government Accountability
Office.
(4) A NASA employee responsible for
contract oversight or management.
(5) An authorized official of the Department of Justice or other law enforcement agency.
(6) A court or grand jury.
(7) A management official or other
employee of the contractor or subcontractor who has the responsibility to
investigate, discover, or address misconduct.
(c) Disclosure clarified. An employee
who initiates or provides evidence of
contractor
or
subcontractor
misconduct in any judicial or administrative proceeding relating to waste,
fraud, or abuse on a NASA contract
shall be deemed to have made a disclosure.
(d) Contracting officer actions. A contracting officer who receives a complaint of reprisal of the type described
in paragraph (a) of this section shall
forward it to legal counsel and to the
NASA Inspector General.
1803.904 Procedures for filing complaints.
(a) Any employee of a contractor or
subcontractor who believes that he or
she has been discharged, demoted, or
otherwise discriminated against contrary to the policy in 1803.903 may file
a complaint with the Inspector General
of NASA.
(b) A complaint may not be brought
under this section more than three
years after the date on which the alleged reprisal took place.
(c) The complaint shall be signed and
shall contain—
1803.905
(1) The name of the contractor;
(2) The contract number, if known; if
not known, a description reasonably
sufficient to identify the contract(s)
involved;
(3) The violation of law, rule, or regulation giving rise to the disclosure;
(4) The nature of the disclosure giving rise to the discriminatory act, including the party to whom the information was disclosed; and
(5) The specific nature and date of
the reprisal.
1803.905 Procedures for investigating
complaints.
(a) Unless the NASA Inspector General makes a determination that the
complaint is frivolous, fails to allege a
violation of the prohibition in 1803.903,
or has been previously addressed in another Federal or State judicial or administrative proceeding initiated by
the complainant, the NASA Inspector
General will investigate the complaint.
(b) If the NASA Inspector General determines that a complaint merits further investigation, the NASA Inspector
General will—
(1) Notify the complainant, the contractor alleged to have committed the
violation, and the head of the Agency;
(2) Conduct an investigation; and
(3) Provide a written report of findings to the complainant, the contractor alleged to have committed the
violation, and the head of the Agency.
(c) The NASA Inspector General—
(1) Will determine that the complaint
is frivolous or will submit the report
addressed in paragraph (b) of this section within 180 days after receiving the
complaint; and
(2) If unable to submit a report within 180 days, will submit the report
within the additional time period, up
to 180 days, to which the person submitting the complaint agrees.
(d) The NASA Inspector General may
not respond to any inquiry or disclose
any information from or about any person alleging the reprisal, except to the
extent that such response or disclosure
is—
(1) Made with the consent of the person alleging reprisal;
(2) Made in accordance with 5 U.S.C.
552a (the Freedom of Information Act)
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1803.906
48 CFR Ch. 18 (10–1–21 Edition)
or as required by any other applicable
Federal law; or
(3) Necessary to conduct an investigation of the alleged reprisal.
(e) The legal burden of proof specified
at paragraph (e) of 5 U.S.C. 1221 (Individual Right of Action in Certain Reprisal Cases) shall be controlling for
the purposes of an investigation conducted by the NASA Inspector General,
decision by the head of the Agency, or
judicial or administrative proceeding
to determine whether prohibited discrimination has occurred.
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1803.906
Remedies.
(a) Not later than 30 days after receiving a NASA Inspector General report in accordance with 1803.905, the
head of the Agency shall determine
whether sufficient basis exists to conclude that the contractor has subjected
the complainant to a reprisal as prohibited by 1803.903 and shall either
issue an order denying relief or shall
take one or more of the following actions:
(1) Order the contractor to take affirmative action to abate the reprisal.
(2) Order the contractor to reinstate
the person to the position that the person held before the reprisal, together
with compensatory damages (including
back pay), employment benefits, and
other terms and conditions of employment that would apply to the person in
that position if the reprisal had not
been taken.
(3) Order the contractor to pay the
complainant an amount equal to the
aggregate amount of all costs and expenses (including attorneys’ fees and
expert witnesses’ fees) that were reasonably incurred by the complainant
for, or in connection with, bringing the
complaint regarding the reprisal, as determined by the head of the Agency.
(b) If the head of the Agency issues
an order denying relief or has not
issued an order within 210 days after
the submission of the complaint or
within 30 days after the expiration of
an extension of time granted in accordance with 1803.905(3)(ii), and there is no
showing that such delay is due to the
bad faith of the complainant—
(1) The complainant shall be deemed
to have exhausted all administrative
remedies with respect to the complaint; and
(2) The complainant may bring a de
novo action at law or equity against
the contractor to seek compensatory
damages and other relief available
under 10 U.S.C. 2409 in the appropriate
district court of the United States,
which shall have jurisdiction over such
an action without regard to the
amount in controversy. Such an action
shall, at the request of either party to
the action, be tried by the court with a
jury. An action under this authority
may not be brought more than two
years after the date on which remedies
are deemed to have been exhausted.
(c) Whenever a contractor fails to
comply with an order issued by the
head of agency in accordance with 10
U.S.C. 2409, the head of the Agency or
designee shall request the Department
of Justice to file an action for enforcement of such order in the United
States district court for a district in
which the reprisal was found to have
occurred. In any action brought under
this paragraph, the court may grant
appropriate relief, including injunctive
relief, compensatory and exemplary
damages, and reasonable attorney fees
and costs. The person upon whose behalf an order was issued may also file
such an action or join in an action filed
by the head of the agency.
(d) Any person adversely affected or
aggrieved by an order issued by the
head of the Agency in accordance with
10 U.S.C. 2409 may obtain judicial review of the order’s conformance with
the law, and the implementing regulation, in the United States Court of Appeals for a circuit in which the reprisal
is alleged in the order to have occurred. No petition seeking such review
may be filed more than 60 days after
issuance of the order by the head of the
agency or designee. Review shall conform to chapter 7 of title 5, United
States Code. Filing such an appeal
shall not act to stay the enforcement
of the order by the head of an agency,
unless a stay is specifically entered by
the court.
(e) The rights and remedies provided
for in this subpart may not be waived
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National Aeronautics and Space Administration
by any agreement, policy, form, or condition of employment.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
[79 FR 43959, July 29, 2014, as amended at 83
FR 28386, June 19, 2018]
SOURCE: 61 FR 40539, Aug. 5, 1996, unless
otherwise noted.
1803.907
Classified information.
Nothing in this subpart provides any
rights to disclose classified information not otherwise provided by law.
1803.970
Contract clause.
Use the clause at 1852.203–71, Requirement to Inform Employees of Whistleblower Rights, in all solicitations and
contracts.
Subpart 1803.70—IG Hotline
Posters
1803.7000
Policy.
NASA requires contractors to display
NASA hotline posters prepared by the
NASA Office of Inspector General on
those contracts specified in 1803.7001, so
that employees of the contractor having knowledge of waste, fraud, or
abuse, can readily identify a means to
contact NASA’s IG.
1803.7001
Contract clause.
Contracting officers must insert the
clause at 1852.203–70, Display of Inspector General Hotline Posters, in solicitations and contracts expected to exceed $5,000,000 and performed at contractor facilities in the United States.
[66 FR 29727, June 1, 2001]
PART 1804—ADMINISTRATIVE
MATTERS
1804.170
Contract effective date.
‘‘Contract effective date’’ means the
date agreed upon by the parties for beginning the period of performance
under the contract. In no case shall the
effective date precede the date on
which the contracting officer or designated higher approval authority
signs the document. Costs incurred before the contract effective date are unallowable unless they qualify as
precontract costs (see FAR 31.205–32)
and the clause prescribed at 1831.205–70
is used.
[83 FR 28386, June 19, 2018]
Subpart
1804.4—Safeguarding
Classified Information Within
Industry
Contract clause.
The contracting officer shall insert
the clause at 1852.204–75, Security Classification Requirements, in solicitations and contracts if work is to be performed will require security clearances. This clause may be modified to
add instructions for obtaining security
clearances and access to security areas
that are applicable to the particular
acquisition and installation.
1804.470 Security requirements for unclassified information technology
(IT) resources.
Subpart 1804.1—Contract Executive
Sec.
1804.170
Subpart 1804.1—Contract
Execution
1804.404–70
[66 FR 29727, June 1, 2001]
1804.470–1
Contract effective date.
Subpart 1804.4—Safeguarding Classified
Information Within Industry
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1804.470–1
1804.404–70 Contract clause.
1804.470 Security requirements for unclassified information technology (IT) resources.
1804.470–1 Scope.
1804.470–2 Policy.
1804.470–3 IT security requirements.
1804.470–4 Contract clauses.
Scope.
This section implements NASA’s acquisition requirements pertaining to
Federal policies for the security of unclassified information and information
systems. Federal policies include the
Federal Information System Management Act (FISMA) of 2002, Homeland
Security Presidential Directive (HSPD)
12, Clinger-Cohen Act of 1996 (40 U.S.C.
1401 et seq.), OMB Circular A–130, Management of Federal Information Resources, and the National Institute of
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1804.470–2
48 CFR Ch. 18 (10–1–21 Edition)
Standards and Technology (NIST) security requirements and standards. These
requirements safeguard IT services provided to NASA such as the management, operation, maintenance, development, and administration of hardware, software, firmware, computer
systems, networks, and telecommunications systems.
[72 FR 26561, May 10, 2007]
1804.470–2
Policy.
NASA IT security policies and procedures for unclassified information and
IT are prescribed in NASA Policy Directive (NPD) 2810, Security of Information Technology; NASA Procedural
Requirements (NPR) 2810, Security of
Information Technology; and interim
policy updates in the form of NASA Information Technology Requirements
(NITR). IT services must be performed
in accordance with these policies and
procedures.
[72 FR 26561, May 10, 2007]
1804.470–3
IT security requirements.
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(a) These IT security requirements
cover all NASA awards in which IT
plays a role in the provisioning of services or products (e.g., research and development,
engineering,
manufacturing, IT outsourcing, human resources, and finance) that support
NASA in meeting its institutional and
mission objectives. These requirements
are applicable when a contractor or
subcontractor must obtain physical or
electronic access beyond that granted
the general public to NASA’s computer
systems, networks, or IT infrastructure. These requirements are applicable when NASA information is generated, stored, processed, or exchanged
with NASA or on behalf of NASA by a
contractor or subcontractor, regardless
of whether the information resides on a
NASA or a contractor/subcontractor’s
information system.
(b) The Applicable Documents List
(ADL) should consist of all NASA
Agency-level IT Security and Center IT
Security Policies applicable to the contract. Documents listed in the ADL as
well as applicable Federal IT Security
Policies are available at the NASA IT
Security Policy Web site at: http://
www.nasa.gov/offices/ocio/itsecurity/
index.html.
[76 FR 4080, Jan. 24, 2011]
1804.470–4 Contract clause.
(a) Insert the clause at 1852.204–76,
Security Requirements for Unclassified
Information Technology Resources, in
all solicitations and awards when contract performance requires contractors
to—
(1) Have physical or electronic access
to NASA’s computer systems, networks, or IT infrastructure; or
(2) Use information systems to generate, store, process, or exchange data
with NASA or on behalf of NASA, regardless of whether the data resides on
a NASA or a contractor’s information
system.
(b) Parts of the clause and referenced
ADL may be waived by the contracting
officer if the contractor’s ongoing IT
security program meets or exceeds the
requirements of NASA Procedural Requirements (NPR) 2810.1 in effect at
time of award. The current version of
NPR 2810.1 is referenced in the ADL.
The contractor shall submit a written
waiver request to the Contracting Officer within 30 days of award. The waiver
request will be reviewed by the Center
IT Security Manager. If approved, the
Contractor Officer will notify the contractor, by contract modification,
which parts of the clause or provisions
of the ADL are waived.
[76 FR 4080, Jan. 24, 2011]
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SUBCHAPTER B—COMPETITION AND ACQUISITION
PLANNING
PART 1805—PUBLICIZING
CONTRACT ACTIONS
PART 1807—ACQUISITION
PLANNING
Subpart 1805.3—Synopses of Contract
Awards
Subpart 1807.72—Acquisition Forecasting
Sec.
1805.303
Sec.
1807.7200
1807.7201
Announcement of contract awards.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 61 FR 40543, Aug. 5, 1996, unless
otherwise noted.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 61 FR 47068, Sept. 6, 1996, unless
otherwise noted.
Subpart 1805.3—Synopses of
Contract Awards
Subpart 1807.72—Acquisition
Forecasting
1805.303 Announcement of contract
awards.
(a)(i) In lieu of the threshold cited in
FAR 5.303(a), a NASA Headquarters
public announcement is required for
award of contract actions that have a
total anticipated value, including
unexercised options, of $5 million or
greater.
[80 FR 36720, June 26, 2015]
PART 1806—COMPETITION
REQUIREMENTS
Subpart 1806.2—Full and Open
Competition After Exclusion of Sources
1806.202 Establishing or maintaining alternative sources. (NASA supplements paragraphs (a) and (b)).
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 61 FR 40545, Aug. 5, 1996, unless
otherwise noted.
Subpart 1806.2—Full and Open
Competition After Exclusion of
Sources
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Policy.
Definitions.
1806.202 Establishing or maintaining
alternative sources. (NASA supplements paragraphs (a) and (b)).
(a) The authority of FAR 6.202 is to
be used to totally or partially exclude
a particular source.
[61 FR 40545, Aug. 5, 1996, as amended at 69
FR 21762, Apr. 22, 2004]
1807.7200
Policy.
(a) As required by the Business Opportunity Development Reform Act of
1988, it is NASA policy to—
(1) Prepare an annual forecast and
semiannual update of expected contract opportunities or classes of contract opportunities for each fiscal year;
(2) Include in the forecast contract
opportunities that small business concerns, including those owned and controlled by socially and economically
disadvantaged individuals, may be capable of performing; and
(3) Make available such forecasts to
the public.
(b) The annual forecast and semiannual update are available on the
NASA Acquisition Internet Service
(http://www.hq.nasa.gov/office/procurement/forecast/index.html).
[69 FR 21763, Apr. 22, 2004, as amended at 80
FR 36720, June 26, 2015]
1807.7201
Definitions.
Class of contracts means a grouping of
acquisitions, either by dollar value or
by the nature of supplies and services
to be acquired.
Contract opportunity means planned
new contract awards exceeding the
simplified acquisition threshold (SAT).
[61 FR 47068, Sept. 6, 1996, as amended at 80
FR 36720, June 26, 2015]
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Pt. 1808
48 CFR Ch. 18 (10–1–21 Edition)
PART 1808—REQUIRED SOURCES
OF SUPPLIES AND SERVICES
Subpart 1809.1—Responsible
Prospective Contractors
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 61 FR 47073, Sept. 6, 1996, unless
otherwise noted.
Subpart 1808.8—Acquisition of
Printing and Related Supplies
1808.870
Contract clause.
The contracting officer shall insert
the clause at 1852.208–81, Restrictions
on Printing and Duplicating, in solicitations and contracts where there is a
requirement for any printing, and/or
any duplicating/copying in excess of
that described in paragraph (c) of the
clause.
Subcontractor
responsi-
Generally, the Canadian Commercial
Corporation’s (CCC) proposal of a firm
as its subcontractor is sufficient basis
for an affirmative determination of responsibility. However, when the CCC
determination of responsibility is not
consistent with other information
available to the contracting office, the
contracting officer shall request from
the CCC and any other sources whatever information is necessary to make
the responsibility determination.
Upon request, CCC shall be furnished
the rationale for any subsequent determination of nonresponsibility.
1809.105–2 Determinations and documentation.
PART 1809—CONTRACTOR
QUALIFICATIONS
Subpart 1809.1—Responsible Prospective
Contractors
Sec.
1809.104–4
1809.105–2
tion.
1809.104–4
bility.
Subcontractor responsibility.
Determinations and documenta-
(a) The contracting officer shall provide written notification to a prospective contractor determined not responsible, which includes the basis for the
determination. Notification provides
the prospective contractor with the opportunity to take corrective action
prior to future solicitations.
[76 FR 72328, Nov. 23, 2011]
Subpart 1809.2—Qualifications
Requirements
1809.206 Acquisitions subject to qualification requirements.
1809.206–1 General.
Subpart 1809.4—Debarment, Suspension,
and Ineligibility
1809.403
1809.206 Acquisitions subject to qualification requirements.
1809.206–1 General.
(NASA
supplements paragraph (b) and (c))
Definitions.
(c) If an offeror seeks to demonstrate
its capability, both the product and the
producer must meet the established
standards.
Subpart 1809.5—Organizational and
Consultant Conflicts of Interest
1809.505–4 Obtaining access to sensitive information.
1809.507 Solicitation provisions and contract clause.
1809.507–2 Contract clause.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
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Subpart 1809.2—Qualification
requirements
SOURCE: 61 FR 47075, Sept. 6, 1996, unless
otherwise noted.
[61 FR 47075, Sept. 6, 1996, as amended at 69
FR 21763, Apr. 22, 2004]
Subpart 1809.4—Debarment,
Suspension, and Ineligibility
1809.403
Definitions.
For purposes of FAR subpart 9.4 and
this subpart, the Deputy General Counsel is the ‘‘debarring official,’’ the
182
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National Aeronautics and Space Administration
‘‘suspending official,’’ and the agency
head’s ‘‘designee.’’
1812.301
PART 1811—DESCRIBING AGENCY
NEEDS
[81 FR 12420, Mar. 9, 2016]
Subpart
1809.5—Organizational
and Consultant Conflicts of Interest
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 65 FR 37062, June 13, 2000], uness
otherwise noted.
1809.505–4 Obtaining access to sensitive information.
(b) In accordance with FAR 9.503, the
Assistant Administrator for Procurement has determined that it would not
be in the Government’s interests for
NASA to comply strictly with FAR
9.505–4(b) when acquiring services to
support management activities and administrative functions. The Assistant
Administrator for Procurement has,
therefore, waived the requirement that
before gaining access to other companies’ proprietary or sensitive (see
1837.203–70) information contractors
must enter specific agreements with
each of those other companies to protect their information from unauthorized use or disclosure. Accordingly,
NASA will not require contractors and
subcontractors and their employees in
procurements that support management activities and administrative
functions to enter into separate, interrelated third party agreements to protect sensitive information from unauthorized use or disclosure. As an alternative to numerous, separate third
party agreements, 1837.203–70 prescribes
detailed policy and procedures to protect contractors from unauthorized use
or disclosure of their sensitive information. Nothing in this section waives
the requirements of FAR 37.204 and
1837.204.
[70 FR 35554, June 21, 2005]
1809.507 Solicitation
contract clause.
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1809.507–2
provisions
and
Subpart 1811.4—Delivery or
Performance Schedules
1811.404–70
NASA contract clauses.
The clause at 1852.211–70, Packaging,
Handling, and Transportation, must be
included in solicitations and contracts
for deliverable items, including software, designated as Class I (mission essential), Class II (delicate or sensitive),
or Class III (requires special handling
or monitoring).
PART 1812—ACQUISITION OF
COMMERCIAL ITEMS
Subpart 1812.3—Solicitation Provisions and
Contract Clauses for the Acquisition of
Commercial Items
Sec.
1812.301 Solicitation provisions and contract clauses for the acquisition of commercial items.
Subpart 1812.70—Commercial Space
Hardware or Services
1812.7000
Anchor tenancy contracts.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 61 FR 47079, Sept. 6, 1996, unless
otherwise noted.
Subpart 1812.3—Solicitation Provisions and Contract Clauses
for the Acquisition of Commercial Items
1812.301 Solicitation provisions and
contract clauses for the acquisition
of commercial items.
Contract clause.
The contracting officer may insert a
clause substantially the same as the
clause at 1852.209–71, Limitation of Future Contracting, in solicitations and
contracts.
(f)(i) The following clauses are authorized for use in acquisitions of commercial items when required by the
clause prescription:
(A) 1852.204–75, Security Classification Requirements.
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1812.7000
48 CFR Ch. 18 (10–1–21 Edition)
(B) 1852.204–76, Security Requirements for Unclassified Information
Technology Resources.
(C) 1852.215–84, Ombudsman.
(D) 1852.216–80, Task Order Procedures (Alternate I).
(E) 1852.216–88, Performance Incentive.
(F) 1852.219–73, Small Business Subcontracting Plan.
(G) 1852.219–75, Individual Subcontracting Reports.
(H) 1852.223–70, Safety and Health.
(I) 1852.223–71, Frequency Authorization.
(J) 1852.223–72, Safety and Health
(Short Form).
(K) 1852.223–73, Safety and Health
Plan.
(L) 1852.223–75, Major Breach of Safety and Security (Alternate I).
(M) 1852.225–70, Export Licenses.
(N) 1852.228–76, Cross-Waiver of Liability for International Space Station
Activities.
(O) 1852.228–78, Cross-Waiver of Liability for Science or Space Exploration Activities Unrelated to the
International Space Station.
(P) 1852.237–70, Emergency Evacuation Procedures.
(Q) 1852.237–72, Access to Sensitive Information.
(R) 1852.237–73, Release of Sensitive
Information.
(S) 1852.246–72, Material Inspection
and Receiving Report.
(T) 1852.246–74, Counterfeit Electronic
Part Detection and Avoidance.
(U) 1852.247.71, Protection of the Florida Manatee.
[80 FR 36720, June 26, 2015, as amended at 81
FR 10520, Mar. 1, 2016; 85 FR 52927, Aug. 28,
2020]
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Subpart 1812.70—Commercial
Space Hardware or Services
1812.7000 Anchor tenancy contracts.
(a) The term ‘‘anchor tenancy’’
means an arrangement in which the
United States Government agrees to
procure sufficient quantities of a commercial space product or service needed to meet Government mission requirements so that a commercial venture is made viable.
(b) Subject to receiving an appropriation that:
(1) Authorizes a multi-year anchor
tenancy contract; and
(2) Specifies the commercial space
product or service to be developed or
used, NASA may enter into a multiyear anchor tenancy contract only if
Administrator determines—
(i) The good or service meets the mission requirements of the National Aeronautics and Space Administration;
(ii) The commercially procured good
or service is cost effective;
(iii) The good or service is procured
through a competitive process;
(iv) Existing or potential customers
for the good or service other than the
United States Government have been
specifically identified;
(v) The long-term viability of the
venture is not dependent upon a continued Government market or other
nonreimbursable Government support;
and
(vi) Private capital is at risk in the
venture.
(c) Contracts entered into under such
authority may provide for the payment
of termination liability in the event
that the Government terminates such
contracts for its convenience.
(1) Contracts that provide for this
payment of termination liability shall
include a fixed schedule of such termination liability payments. Liability
under such contracts shall not exceed
the total payments which the Government would have made after the date
of termination to purchase the good or
service if the contract were not terminated.
(2) Subject to appropriations, funds
available for such termination liability
payments may be used for purchase of
the good or service upon successful delivery of the good or service pursuant
to the contract. In such case, sufficient
funds shall remain available to cover
any remaining termination liability.
(d) Limitations. (1) Contracts entered
into under such authority shall not exceed 10 years in duration.
(2) Such contracts shall provide for
delivery of the good or service on a
firm, fixed price basis.
(3) To the extent practicable, reasonable performance specifications shall
be used to define technical requirements in such contracts.
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National Aeronautics and Space Administration
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(4) In any such contract, the Administrator shall reserve the right to completely or partially terminate the contract without payment of such termi-
1812.7000
nation liability because of the contractor’s actual or anticipated failure to
perform its contractual obligations.
[77 FR 65497, Oct. 29, 2012, as amended at 80
FR 36721, June 26, 2015]
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SUBCHAPTER C—CONTRACTING METHODS AND CONTRACT
TYPES
PART 1813—SIMPLIFIED
ACQUISITION PROCEDURES
Sec.
1813.003
Policy.
Subpart 1813.3—Simplified Acquisition
Methods
1813.302–570
NASA solicitation provisions.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 63 FR 40189, July 28, 1998, unless
otherwise noted.
1813.003 Policy. (NASA supplements
paragraph (g))
(g) Acquisitions under these simplified acquisition procedures shall be
fixed-price, except as provided under
the unpriced purchase order method in
FAR 13.302–2.
tion of research, studies, supplies, or
services of the type normally acquired
from higher education institutions (see
FAR 26.3).
(iii) Use the provision with its Alternate III in solicitation which include
the clause at FAR 52.227–14, Rights in
Data—General (see FAR 27.404(d)(2) and
1827.404(d)).
(b) The contracting officer may insert a provision substantially the same
as the provision at 1852.213–71, Evaluation—Other than Commercial Items, in
solicitations using simplified acquisition procedures for other than commercial items when a trade-off source selection process will be used, that is,
factors in addition to technical acceptability and price will be considered.
(See FAR 13.106.)
[67 FR 38904, June 6, 2002, as amended at 67
FR 50823, Aug. 6, 2002]
[63 FR 40189, July 28, 1998, as amended at 64
FR 5620, Feb. 4, 1999]
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Subpart 1813.3—Simplified
Acquisition Methods
PART 1814—SEALED BIDDING
Subpart 1814.2—Solicitation of Bids
1813.302–570 NASA solicitation provisions.
(a)(1) The contracting officer may
use the provision at 1852.213–70, Offeror
Representations and Certifications—
Other Than Commercial Items, in simplified acquisitions exceeding the
mircro-purchase threshold that are for
other than commercial items. This provision shall not be used for acquisition
of commercial items as defined in FAR
2.101.
(2) This provision provides a single,
consolidated list of certifications and
representations for the acquisition of
other than commercial items using
simplified acquisition procedures and
is attached to the solicitation for
offerors to complete and return with
their offer.
(i) Use the provision with its Alternate I in solicitations for acquisitions
that are for, or specify the use of recovered materials (see FAR 23.4).
(ii) Use the provision with its Alternate II in solicitations for the acquisi-
Sec.
1814.201–6 Solicitation provisions.
1814.201–670 NASA solicitation provisions.
Subpart 1814.3—Submission of Bids
1814.302
Bid submission.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 61 FR 47079, Sept. 6, 1996, unless
otherwise noted.
Subpart 1814.2—Solicitation of
Bids
1814.201–6
Solicitation provisions.
1814.201–670 NASA solicitation provisions.
(a) The contracting officer shall insert the provision at 1852.214–70, Caution to Offerors Furnishing Descriptive
Literature, in invitations for bids. See
FAR 52.214–21, Descriptive Literature.
(b) The contracting officer shall insert the provision at 1852.214–71, Grouping for Aggregate Award, in invitations
for bids, except for construction, when
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PC31
National Aeronautics and Space Administration
it is in the Government’s best interest
not to make award for less than specified quantities solicited for certain
items or groupings of certain items. Insert the item numbers and/or descriptions applicable for the particular procurement.
(c) The contracting officer shall insert the provision at 1852.214–72, Full
Quantities, in invitations for bids, except for construction, when it is in the
Government’s best interest not to
make award for less than the full quantities solicited.
(d) If a pre-bid conference is planned,
the contracting officer shall insert the
provision at 1852.215–77, Preproposal/
Pre-bid Conference. See 1815.209–70(a).
[61 FR 47079, Sept. 6, 1996, as amended at 63
FR 9966, Feb. 27, 1998]
Subpart 1814.3—Submission of
Bids
1814.302 Bid submission. (NASA supplements paragraph (b))
(b) NASA contracting officers shall
not consider telegraphic bids communicated by the telephone.
1815.403–170 Waivers of certified cost or pricing data.
1815.404–471 NASA structured approach for
profit or fee objective.
1815.404–472 Payment of profit or fee under
letter contracts.
1815.407 Special cost or pricing areas.
1815.407–2 Make-or-buy programs.
1815.408 Solicitation provisions and contract clauses.
1815.408–70 NASA solicitation provisions
and contract clauses.
Subpart 1815.5—Preaward, Award, and
Postaward Notifications, Protests, and
Mistakes
1815.504
Award to successful offeror.
Subpart 1815.6—Unsolicited Proposals
1815.602 Policy.
1815.604 Agency points of contact.
1815.606 Agency procedures.
1815.606–70 Relationship of unsolicited proposals to NRAs.
1815.609 Limited use of data.
1815.609–70 Limited use of proposals.
1815.670 Foreign proposals.
Subpart 1815.70—Ombudsman
1815.7001
1815.7003
NASA Ombudsman Program.
Contract clause.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
PART 1815—CONTRACTING BY
NEGOTIATION
SOURCE: 63 FR 9954, Feb. 27, 1998, unless
otherwise noted.
Subpart 1815.2—Solicitation and Receipt of
Proposals and Information
Sec.
1815.203–72 Risk Management.
1815.207 Handling proposals and information.
1815.207–70 Release of proposal information.
1815.207–71 Appointing
non-Government
evaluators as special Government employees.
1815.208 Submission, modification, revision,
and withdrawal of proposals.
1815.209 Solicitation provisions and contract clauses.
1815.209–70 NASA solicitation provisions.
Subpart 1815.2—Solicitation and
Receipt of Proposals and Information
1815.203–72 Risk management.
In all RFPs for supplies or services
for which a technical proposal is required, proposal instructions shall require offerors to identify and discuss
risk factors and issues throughout the
proposal where they are relevant, and
describe their approach to managing
these risks.
[65 FR 70316, Nov. 22, 2000, as amended at 83
FR 28386, June 19, 2018]
Subpart 1815.3—Source Selection
1815.305–70 Identification of unacceptable
proposals.
1815.306 Exchanges with offerors after receipt of proposals.
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1815.207–70
Subpart 1815.4—Contract Pricing
1815.403 Obtaining certified cost or pricing
data.
1815.207 Handling proposals and information.
1815.207–70 Release of proposal information.
(a) NASA personnel participating in
any way in the evaluation may not reveal any information concerning the
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1815.207–71
48 CFR Ch. 18 (10–1–21 Edition)
evaluation to anyone not also participating, and then only to the extent
that the information is required in connection with the evaluation. When nonNASA personnel participate, they shall
be instructed to observe these restrictions.
(b)(1) Except as provided in paragraph (b)(2) of this section, the procurement officer is the approval authority to disclose proposal information outside the Government. If outside
evaluators are involved, this authorization may be granted only after compliance with FAR 37.2 and 1837.204, except
that the determination of unavailability of Government personnel required by FAR 37.2 is not required for
disclosure of proposal information to
JPL employees.
(2) Proposal information in the following classes of proposals may be disclosed with the prior written approval
of a NASA official one level above the
NASA program official responsible for
the overall conduct of the evaluation.
If outside evaluators are involved, the
determination of unavailability of Government personnel required by FAR
37.2 is not required for disclosure in
these instances.
(i) Proposals submitted in response
to broad agency announcements such
as Announcements of Opportunity and
NASA Research Announcements;
(ii) Unsolicited proposals; and
(iii) SBIR and STTR proposals.
(3) If JPL personnel, in evaluating
proposal information released to them
by NASA, require assistance from nonJPL, non-Government evaluators, JPL
must obtain written approval to release the information in accordance
with paragraphs (b)(1) and (b)(2) of this
section.
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[63 FR 9954, Feb. 27, 1998, as amended at 63
FR 44408, Aug. 19, 1998]
1815.207–71 Appointing
non-Government evaluators as special Government employees.
(a) Except as provided in paragraph
(c) of this section, non-Government
evaluators, except employees of JPL,
shall be appointed as special Government employees.
(b) Appointment as a special Government employee is a separate action
from the approval required by para-
graph 1815.207–70(b) and may be processed concurrently. Appointment as a
special Government employee shall be
made by:
(1) The NASA Headquarters personnel office when the release of proposal information is to be made by a
NASA Headquarters office; or
(2) The installation personnel office
when the release of proposal information is to be made by the installation.
(c) Non-Government evaluators need
not be appointed as special Government employees when they evaluate:
(1) Proposals submitted in response
to broad agency announcements such
as Announcements of Opportunity and
NASA Research Announcements;
(2) Unsolicited proposals; and
(3) SBIR and STTR proposals.
[63 FR 9954, Feb. 27, 1998, as amended at 63
FR 44408, Aug. 19, 1998]
1815.208 Submission, modification, revision, and withdrawal of proposals. (NASA supplements paragraph (b))
(b) The FAR late proposal criteria do
not apply to Announcements of Opportunity, NASA Research Announcements, and Small Business Innovative
Research (SBIR) Phase I and Phase II
solicitations, and Small Business Technology Transfer (STTR) solicitations.
For these solicitations, proposals or
proposal modifications received from
qualified firms after the latest date
specified for receipt may be considered
if a significant reduction in cost to the
Government is probable or if there are
significant technical advantages, as
compared with proposals previously received. In such cases, the project office
shall investigate the circumstances
surrounding the late submission, evaluate its content, and submit written
recommendations and findings to the
selection official or a designee as to
whether there is an advantage to the
Government in considering it. The selection official or a designee shall determine whether to consider the late
submission.
[63 FR 9954, Feb. 27, 1998, as amended at 69
FR 21764, Apr. 22, 2004]
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National Aeronautics and Space Administration
1815.209 Solicitation provisions and
contract clauses. (NASA supplements paragraph (a))
(a) The contracting officer shall insert FAR 52.215–1 in all competitive negotiated solicitations.
1815.209–70
sions.
NASA
solicitation
provi-
(a) The contracting officer shall insert the provision at 1852.215–77,
Preproposal/Pre-bid
Conference,
in
competitive requests for proposals and
invitations for bids where the Government intends to conduct a prepoposal
or pre-bid conference. Insert the appropriate specific information relating to
the conference.
(b) When it is not in the Government’s best interest to make award for
less than the specified quantities solicited for certain items or groupings of
items, the contracting officer shall insert the provision at 1852.214–71, Grouping for Aggregate Award. See 1814.201–
670(b).
(c) When award will be made only on
the full quantities solicited, the contracting officer shall insert the provision at 1852.214–72, Full Quantities. See
1814.201–670(c).
(d) The contracting officer shall insert the provision at 1852.215–81, Proposal Page Limitations, in all competitive requests for proposals.
[63 FR 9954, Feb. 27, 1998, as amended at 67
FR 50824, Aug. 6, 2002]
Subpart 1815.3—Source Selection
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1815.305–70 Identification of unacceptable proposals.
(a) The contracting officer shall not
complete the initial evaluation of any
proposal when it is determined that the
proposal is unacceptable because:
(1) It does not represent a reasonable
initial effort to address the essential
requirements of the RFP or clearly
demonstrates that the offeror does not
understand the requirements;
(2) In research and development acquisitions, a substantial design drawback is evident in the proposal, and
sufficient correction or improvement
to consider the proposal acceptable
would require virtually an entirely new
technical proposal; or
1815.403–170
(3) It contains major deficiencies or
omissions or out-of-line costs which
discussions with the offeror could not
reasonably be expected to cure.
(b) The contracting officer shall document the rationale for discontinuing
the initial evaluation of a proposal in
accordance with this section.
[63 FR 9954, Feb. 27, 1998, as amended at 63
FR 44408, Aug. 19, 1998; 83 FR 28386, June 19,
2018]
1815.306 Exchanges with offerors after
receipt of proposals. (NASA supplements paragraphs (c), (d), and (e))
(c)(2) A total of no more than three
proposals shall be a working goal in establishing the competitive range. Field
installations may establish procedures
for approval of competitive range determinations commensurate with the
complexity or dollar value of an acquisition.
(e)(1) In no case shall the contacting
officer relax or amend RFP requirements for any offeror without amending the RFP and permitting the other
offerors an opportunity to propose
against the relaxed requirements.
[63 FR 9954, Feb. 27, 1998, as amended at 63
FR 44408, Aug. 19, 1998; 69 FR 21764, Apr. 22,
2004]
Subpart 1815.4—Contract Pricing
1815.403 Obtaining certified cost or
pricing data.
1815.403–170 Waivers of certified cost
or pricing data.
(a) NASA has waived the requirement
for the submission of certified cost or
pricing data when contracting with the
Canadian
Commercial
Corporation
(CCC). This waiver applies to the CCC
and its subcontractors. The CCC will
provide assurance of the fairness and
reasonableness of the proposed price.
This assurance should be relied on;
however, contracting officers shall ensure that the appropriate level of data
other than certified cost or pricing
data is submitted by subcontractors to
support any required proposal analysis,
including a technical analysis and a
cost realism analysis. The CCC also
will provide for follow-up audit activity to ensure that any excess profits
are found and refunded to NASA.
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1815.404–471
48 CFR Ch. 18 (10–1–21 Edition)
(b) NASA has waived the requirement
for the submission of certified cost or
pricing data when contracting for
Small Business Innovation Research
(SBIR) program Phase II contracts.
However, contracting officers shall ensure that the appropriate level of data
other than certified cost or pricing
data is submitted to determine price
reasonableness and cost realism.
[80 FR 12936, Mar. 12, 2015]
1815.404–471 NASA
structured
approach for profit or fee objective.
1815.404–472 Payment of profit or fee
under letter contracts.
NASA’s policy is to pay profit or fee
only on definitized contracts.
[65 FR 12485, Mar. 9, 2000]
1815.407
Special cost or pricing areas.
1815.407–2 Make-or-buy
programs.
(NASA supplements paragraph (e))
(e)(1) Make-or-buy programs should
not include items or work efforts estimated to cost less than $500,000.
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1815.408 Solicitation
contract clauses.
provisions
and
1815.408–70 NASA solicitation provisions and contract clauses.
(a) The contracting officer shall insert the provision at 1852.215–78, Makeor-Buy Program Requirements, in solicitations requiring make-or-buy programs as provided in FAR 15.407–2(c).
This provision shall be used in conjunction with the clause at FAR 52.215–9,
Changes or Additions to Make-or-Buy
Program. The contracting officer may
add additional paragraphs identifying
any other information required in
order to evaluate the program.
(b) The contracting officer shall insert the clause at 1852.215–79, Price Adjustment for ‘‘Make-or-Buy’’ Changes,
in contracts that include FAR 52.215–9
with its Alternate I or II. Insert in the
appropriate columns the items that
will be subject to a reduction in the
contract value.
(c) When the solicitation requires the
submission of certified cost or pricing
data, the contracting officer shall include 1852.215–85, Proposal Adequacy
Checklist, in the solicitation to facili-
tate submission of a thorough, accurate, and complete proposal.
[63 FR 9954, Feb. 27, 1998, as amended at 79
FR 10687, Feb. 26, 2014; 81 FR 24501, Apr. 26,
2016]
Subpart
1815.5—Preaward,
Award, and Postaward Notifications, Protests, and Mistakes
1815.504
Award to successful offeror.
The reference to notice of award in
FAR 15.504 on negotiated acquisitions
is a generic one. It relates only to the
formal establishment of a contractual
document obligating both the Government and the offeror. The notice is effected by the transmittal of a fully approved and executed definitive contract document, such as the award portion of SF 33, SF 26, SF 1449, or SF 1447,
or a letter contract when a definitized
contract instrument is not available
but the urgency of the requirement necessitates immediate performance. In
this latter instance, the procedures for
approval and issuance of letter contracts shall be followed.
[63 FR 9954, Feb. 27, 1998, as amended at 69
FR 21764, Apr. 22, 2004]
Subpart 1815.6—Unsolicited
Proposals
1815.602
Policy.
Renewal proposals, (i.e., those for the
extension or augmentation of current
contracts) are subject to the same FAR
and NFS regulations, including the requirements of the Competition in Contracting Act, as are proposals for new
contracts.
[81 FR 41238, June 24, 2016]
1815.604 Agency points of contact.
(NASA supplements paragraph (a))
(a)(6) Information titled ‘‘Guidance
for the Preparation and Submission of
Unsolicited Proposals’’ is available on
the Internet at http://ec.msfc.nasa.gov/
hq/library/unSol-Prop.html. A deviation
is required for use of any modified or
summarized version of the Internet information or for alternate means of
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National Aeronautics and Space Administration
general dissemination of unsolicited
proposal information.
[63 FR 9954, Feb. 27, 1998, as amended at 63
FR 44409, Aug. 19, 1998; 66 FR 53546, Oct. 23,
2001; 69 FR 21764, Apr. 22, 2004]
1815.606 Agency procedures. (NASA
supplements paragraphs (a) and
(b))
(a) NASA will not accept for formal
evaluation unsolicited proposals initially submitted to another agency or
to the Jet Propulsion Laboratory
(JPL) without the offeror’s express
consent.
[63 FR 9954, Feb. 27, 1998, as amended at 69
FR 21764, Apr. 22, 2004]
1815.606–70 Relationship of
ited proposals to NRAs.
unsolic-
An unsolicited proposal for a new effort or a renewal, identified by an evaluating office as being within the scope
of an open NRA, shall be evaluated as
a response to that NRA (see 1835.016–
71), provided that the evaluating office
can either:
(a) State that the proposal is not at
a competitive disadvantage, or
(b) Give the offeror an opportunity to
amend the unsolicited proposal to ensure compliance with the applicable
NRA proposal preparation instructions.
If these conditions cannot be met, the
proposal must be evaluated separately.
[63 FR 9954, Feb. 27, 1998, as amended at 64
FR 48561, Sept. 7, 1999]
1815.609
Limited use of data.
1815.609–70
Limited use of proposals.
Unsolicited proposals shall be evaluated outside the Government only to
the extent authorized by, and in accordance with, the procedures prescribed in, 1815.207–70.
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1815.670
Foreign proposals.
Unsolicited proposals from foreign
sources are subject to NPD 1360.2, Initiation and Development of International Cooperation in Space and Aeronautics Programs.
[64 FR 36606, July 7, 1999]
Pt. 1816
Subpart 1815.70—Ombudsman
1815.7001
NASA Ombudsman Program.
NASA’s implementation of an ombudsman program is in NPR 5101.33,
Procurement Advocacy Programs.
[63 FR 9954, Feb. 27, 1998, as amended at 65
FR 58931, Oct. 3, 2000; 69 FR 63459, Nov. 2,
2004]
1815.7003
Contract clause.
The contracting officer shall insert a
clause substantially the same as the
one at 1852.215–84, Ombudsman, in all
solicitations (including draft solicitations) and contracts. Use the clause
with its Alternate I when a task or delivery order contract is contemplated.
[65 FR 38777, June 22, 2000]
PART 1816—TYPES OF CONTRACTS
1816.001
Definitions.
Subpart 1816.2—Fixed-Price Contracts
Sec.
1816.202 Firm-fixed-price contracts.
1816.202–70 NASA contract clause.
Subpart 1816.3—Cost-Reimbursement
Contracts
1816.303–70 Cost-sharing contracts.
1816.307 Contract clauses.
1816.307–70 NASA contract clauses.
Subpart 1816.4—Incentive Contracts
1816.402 Application of predetermined, formula-type incentives. (NASA paragraphs
1,2 and 3).
1816.402–2 Performance incentives.
1816.402–270 NASA technical performance
incentives.
1816.404 Fixed-price contracts with award
fees.
1816.405 Cost-reimbursement incentive contracts.
1816.405–2 Cost-plus-award-fee (CPAF) contracts.
1816.405–270 CPAF contracts.
1816.405–271 Base fee.
1816.405–272 Award fee evaluation periods.
1816.405–273 Award fee evaluations.
1816.405–274 Award fee evaluation factors.
1816.405–275 Award fee evaluation rating.
1816.405–276 Award fee payments and limitations.
1816.405–277 Award term.
1816.406 Contract clauses.
1816.406–70 NASA contract clauses.
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1816.001
48 CFR Ch. 18 (10–1–21 Edition)
Subpart 1816.5—Indefinite-Delivery
Contracts
1816.506–70
NASA contract clause.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 62 FR 3478, Jan. 23, 1997, unless
otherwise noted.
1816.001 Definitions.
As used in this part—
Earned award fee means the payment
of the full amount of an award fee evaluation period’s score/rating.
Term-determining official means the
designated Agency official who reviews
the recommendations of the AwardTerm Board in determining whether
the contractor is eligible for an award
term.
Unearned award fee means the difference between the available award
fee pool amount for a given award fee
evaluation period less the contractor’s
earned award fee amount for that same
evaluation period.
[81 FR 50366, Aug. 1, 2016, as amended at 82
FR 34418, July 25, 2017]
Subpart 1816.2—Fixed-Price
Contracts
1816.202
Firm-fixed-price contracts.
1816.202–70 NASA contract clause.
The contracting officer shall insert
the clause at 1852.216–78, Firm-FixedPrice, in firm-fixed-price solicitations
and contracts. Insert the appropriate
amount in the resulting contract.
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Subpart 1816.3—CostReimbursement Contracts
1816.303–70 Cost-sharing contracts.
(a) Cost-sharing with for-profit organizations. (1) Cost sharing by for-profit
organizations is mandatory in any contract for basic or applied research resulting from an unsolicited proposal,
and may be accepted in any other contract when offered by the proposing organization. The requirement for costsharing may be waived when the contracting officer determines in writing
that the contractor has no commercial,
production, education, or service activities that would benefit from the re-
sults of the research, and the contractor has no means of recovering its
shared costs on such projects.
(2) The contractor’s cost-sharing may
be any percentage of the project cost.
In determining the amount of costsharing, the contracting officer shall
consider the relative benefits to the
contractor and the Government. Factors that should be considered include—
(i) The potential for the contractor
to recover its contribution from nonFederal sources;
(ii) The extent to which the particular area of research requires special stimulus in the national interest;
and
(iii) The extent to which the research
effort or result is likely to enhance the
contractor’s capability, expertise, or
competitive advantage.
(b) Cost-sharing with not-for-profit organizations. (1) Costs to perform research stemming from an unsolicited
proposal by universities and other educational or not-for-profit institutions
are usually fully reimbursed. When the
contracting officer determines that
there is a potential for significant benefit to the institution cost-sharing will
be considered.
(2) The contracting officer will normally limit the institution’s share to
no more than 10 percent of the
project’s cost.
(c) Implementation. Cost-sharing shall
be stated as a minimum percentage of
the total allowable costs of the project.
The contractor’s contributed costs may
not be charged to the Government
under any other contract or grant, including allocation to other contracts
and grants as part of an independent
research and development program.
1816.307 Contract clauses. (NASA supplements paragraphs (a), (b), (d),
and (g)).
(a)(1) In paragraph (h)(2)(ii)(B) of the
Allowable Cost and Payment clause at
FAR 52.216–7, the period of years may
be increased to correspond with any
statutory period of limitation applicable to claims of third parties against
the contractor; provided, that a corresponding increase is made in the period for retention of records required in
paragraph (f) of the clause at FAR
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National Aeronautics and Space Administration
52.215–2, Audit and Records—Negotiation.
[62 FR 3478, Jan. 23, 1997, as amended at 69
FR 21764, Apr. 22, 2004; 81 FR 50366, Aug. 1,
2016]
1816.307–70
NASA contract clauses.
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(a) The contracting officer shall insert the clause at 1852.216–73, Estimated Cost and Cost Sharing, in each
contract in which costs are shared by
the contractor pursuant to 1816.303–70.
(b) The contracting officer shall insert the clause substantially as stated
at 1852.216–74, Estimated Cost and
Fixed Fee, in cost-plus-fixed-fee contracts.
(c) The contracting officer may insert the clause at 1852.216–75, Payment
of Fixed Fee, in cost-plus-fixed-fee contracts.
(d) The contracting officer may insert the clause at 1852.216–81, Estimated Cost, in cost-no-fee contracts
that are not cost sharing or facilities
contracts.
(e) [Reserved]
(f) When FAR clause 52.216–7, Allowable Cost and Payment, is included in
the contract, as prescribed at FAR
16.307(a), the contracting officer should
include the clause at 1852.216–89, Assignment and Release Forms.
(g) As required by section 827 of the
National Defense Authorization Act for
Fiscal Year 2013 (Pub. L. 112–239), use
the clause at 1852.216–90, Allowability
of Costs Incurred in Connection With a
Whistleblower Proceeding—
(1) In task orders entered pursuant to
contracts awarded before September 30,
2013, that include the clause at FAR
52.216–7, Allowable Cost and Payment;
and
(2) In contracts awarded before September 30, 2013, that—
(i) Include the clause at FAR 52.216–7,
Allowable Cost and Payment; and
(ii) Are modified to include the
clause at 1852.203–71, Requirement to
Inform Employees of Whistleblower
Rights, dated June 2013 or later.
[62 FR 3478, Jan. 23, 1997, as amended at 79
FR 43961, July 29, 2014; 80 FR 12937, Mar. 12,
2015; 81 FR 50366, Aug. 1, 2016; 81 FR 63145,
Sept. 14, 2016]
1816.402–270
Subpart 1816.4—Incentive
Contracts
1816.402 Application
of
predetermined,
formula-type
incentives.
(NASA paragraphs 1, 2 and 3).
When considering the use of a quality, performance, or schedule incentive, the following guidance applies:
(1) A positive incentive is generally
not appropriate unless—
(i) Performance above the target (or
minimum, if there are no negative incentives) level is of significant value to
the Government;
(ii) The value of the higher level of
performance is worth the additional
cost/fee;
(iii) The attainment of the higher
level of performance is clearly within
the control of the contractor; and
(iv) An upper limit is identified, beyond which no further incentive is
earned.
(2) A negative incentive is generally
not appropriate unless—
(i) A target level of performance can
be established, which the contractor
can reasonably be expected to reach
with a diligent effort, but a lower level
of performance is also minimally acceptable;
(ii) The value of the negative incentive is commensurate with the lower
level of performance and any additional administrative costs; and
(iii) Factors likely to prevent attainment of the target level of performance
are clearly within the control of the
contractor.
(3) When a negative incentive is used,
the contract must indicate a level
below which performance is not acceptable.
[63 FR 12997, Mar. 17, 1998, as amended at 69
FR 21764, Apr. 22, 2004]
1816.402–2
Performance incentives.
1816.402–270 NASA technical performance incentives.
(a) Pursuant to the guidelines in
1816.402, NASA has determined that a
performance incentive shall be included in all contracts that are based
on performance-oriented documents
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1816.402–270
48 CFR Ch. 18 (10–1–21 Edition)
(see FAR 11.101(a)), except those awarded under the commercial item procedures of FAR Part 12, where the primary deliverable(s) is (are) hardware
with a total value (including options)
greater than $25 million. Any exception
to this requirement shall be approved
in writing by the head of the contracting activity. Performance incentives may be included in supply and
service contracts valued under $25 million, acquired under procedures other
than Part 12, at the discretion of the
contracting officer upon consideration
of the guidelines in 1816.402. Performance incentives, which are objective
and measure performance after delivery and acceptance, are separate from
other incentives, such as cost or delivery incentives.
(b) When a performance incentive is
used, it shall be structured to be both
positive and negative based on performance after acceptance, unless the
contract type requires complete contractor liability for product performance (e.g., fixed price). In this latter
case, a negative incentive is not required. In structuring the incentives,
the contract shall establish a standard
level of performance based on the salient performance requirement. This
standard performance level is normally
the contract’s target level of performance.
No
performance
incentive
amount is earned at this standard performance level. Discrete units of measurement based on the same performance parameter shall be identified for
performance above and, when a negative incentive is used, below the standard. Specific incentive amounts shall
be associated with each performance
level from maximum beneficial performance (maximum positive incentive) to, when a negative incentive is
included, minimal beneficial performance or total failure (maximum negative incentive). The relationship between any given incentive, either positive or negative, and its associated
unit of measurement should reflect the
value to the Government of that level
of performance. The contractor should
not be rewarded for above-standard
performance levels that are of no benefit to the Government.
(c) The final calculation of the performance incentive shall be done when
performance, as defined in the contract, ceases or when the maximum
positive incentive is reached. When
performance ceases below the standard
established in the contract and a negative incentive is included, the Government shall calculate the amount due
and the contractor shall pay the Government that amount. Once performance exceeds the standard, the contractor may request payment of the incentive amount associated with a given
level of performance, provided that
such payments shall not be more frequent than monthly. When performance ceases above the standard level of
performance, or when the maximum
positive incentive is reached, the Government shall calculate the final performance incentive earned and unpaid
and promptly remit it to the contractor.
(d) When the deliverable supply or
service lends itself to multiple, meaningful measures of performance, multiple performance incentives may be
established. When the contract requires the sequential delivery of several items (e.g., multiple spacecraft),
separate performance incentive structures may be established to parallel
the sequential delivery and use of the
deliverables.
(e) In determining the value of the
maximum
performance
incentives
available, the contracting officer shall
follow the following rules:
(1) For a CPFF contract, the sum of
the maximum positive performance incentive and fixed fee shall not exceed
the limitations in FAR 15.404–4(c)(4)(i).
(2) For an award fee contract.
(i) The individual values of the maximum positive performance incentive
and the total potential award fee (including any base fee) shall each be at
least one-third of the total potential
contract fee. The remaining one-third
of the total potential contract fee may
be divided between award fee and the
maximum performance incentive at
the discretion of the contracting officer.
(ii) The maximum negative performance incentive for research and development hardware (e.g., the first and
second units) shall be equal in amount
to the total earned award fee (including
any base fee). The maximum negative
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National Aeronautics and Space Administration
performance incentives for production
hardware (e.g., the third and all subsequent units of any hardware items)
shall be equal in amount to the total
potential award fee (including any base
fee). Where one contract contains both
cases described above, any base fee
shall be allocated reasonably among
the items.
(3) For cost reimbursement contracts
other than award fee contracts, the
maximum negative performance incentives shall not exceed the total earned
fee under the contract.
(b) Except as provided in paragraph
(d) of this section, an award fee incentive may be used in conjunction with
other contract types for aspects of performance that cannot be objectively
assessed. In such cases, the cost incentive is based on objective formulas inherent in the other contract types (e.g.,
FPI, CPIF), and the award fee provision should not separately incentivize
cost performance.
(c) Award fee incentives shall not be
used with a cost-plus-fixed-fee (CPFF)
contract.
[62 FR 3478, Jan. 23, 1997, as amended at 62
FR 58687, Oct. 30, 1997; 63 FR 9965, Feb. 27,
1998; 63 FR 12997, Mar. 17, 1998; 63 FR 28285,
May 22, 1998; 68 FR 23424, May 2, 2003; 69 FR
21764, Apr. 22, 2004; 80 FR 12937, Mar. 12, 2015]
[76 FR 6697, Feb. 8, 2011, as amended at 80 FR
12937, Mar. 12, 2015]
1816.404 Fixed-price
award fees.
contracts
with
Section 1816.405–2 applies to the use
of FPAF contracts as if they were
CPAF contracts. However, neither base
fee (see 1816.405–271) nor evaluation of
cost control (see 1816.405–274) apply to
FPAF contracts.
[62 FR 58687, Oct. 30, 1997]
1816.405 Cost-reimbursement
tive contracts.
incen-
[62 FR 3478, Jan. 23, 1997. Redesignated at 62
FR 36706, July 9, 1997]
1816.405–2 Cost-plus-award-fee (CPAF)
contracts.
[62 FR 3478, Jan. 23, 1997. Redesignated at 62
FR 36706, July 9, 1997]
1816.405–270
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1816.405–272
CPAF contracts.
(a) In addition to the items identified
in FAR 16.401(e)(1), D&Fs will include a
discussion of the other types of contracts considered and shall indicate
why an award fee incentive is the appropriate choice. Award fee incentives
should not be used on contracts with a
total estimated cost and fee less than
$2 million per year. Use of award fee incentive for lower-valued acquisitions
may be authorized in exceptional situations such as contract requirements
having direct health or safety impacts,
where the judgmental assessment of
the quality of contractor performance
is critical.
1816.405–271
Base fee.
(a) A base fee shall not be used on
CPAF contracts for which the periodic
award
fee
evaluations
are
final
(1816.405–273(a)).
In
these
circumstances, contractor performance
during any award fee period is independent of and has no effect on subsequent performance periods or the final
results at contract completion. For
other contracts, such as those for hardware or software development, the procurement officer may authorize the use
of a base fee not to exceed 3 percent.
Base fee shall not be used when an
award fee incentive is used in conjunction with another contract type (e.g.,
CPIF/AF).
(b) When a base fee is authorized for
use in a CPAF contract, it shall be paid
only if the final award fee evaluation is
‘‘satisfactory’’ or better. (See 1816.405–
273 and 1816.405–275) Pending final evaluation, base fee may be paid during the
life of the contract at defined intervals
on a provisional basis. If the final
award fee evaluation is ‘‘unsatisfactory’’, all provisional base fee payments shall be refunded to the Government.
[76 FR 6697, Feb. 8, 2011]
1816.405–272
riods.
Award fee evaluation pe-
(a) Award fee evaluation periods, including those for interim evaluations,
should be at least 6 months in length.
When appropriate, the procurement officer may authorize shorter evaluation
periods after ensuring that the additional administrative costs associated
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1816.405–273
48 CFR Ch. 18 (10–1–21 Edition)
with the shorter periods are offset by
benefits accruing to the Government.
Where practicable, such as developmental contracts with defined performance milestones (e.g., Preliminary Design Review, Critical Design Review,
initial system test), establishing evaluation periods at conclusion of the
milestones rather than calendar dates,
or in combination with calendar dates
should be considered. In no case shall
an evaluation period be longer than 12
months.
(b) A portion of the total available
award fee contract shall be allocated to
each of the evaluation periods. This allocation may result in an equal or unequal distribution of fee among the periods. The contracting officer shall
consider the nature of each contract
and the incentive effects of fee distribution in determining the appropriate allocation structure.
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[62 FR 3478, Jan. 23, 1997. Redesignated at 62
FR 36706, July 9, 1997, as amended at 63 FR
13133, Mar. 18, 1998; 80 FR 12937, Mar. 12, 2015]
1816.405–273 Award fee evaluations.
(a) Service contracts. On contracts
where the contract deliverable is the
performance of a service over any
given time period, contractor performance is definitively measurable within
each evaluation period. In these cases,
all evaluations are final, and the contractor keeps the fee earned in any period regardless of the evaluations of
subsequent periods. Unearned award
fee in any given period in a service contract is lost and shall not be carried
forward, or ‘‘rolled-over,’’ into subsequent periods.
(b) End item contracts. On contracts,
such as those for end item deliverables,
where the true quality of contractor
performance cannot be measured until
the end of the contract, only the last
evaluation is final. At that point, the
total contract award fee pool is available, and the contractor’s total performance is evaluated against the
award fee plan to determine total
earned award fee. In addition to the
final evaluation, interim evaluations
are done to monitor performance prior
to contract completion, provide feedback to the contractor on the Government’s assessment of the quality of its
performance, and establish the basis
for making interim award fee payments (see 1816.405–276(a)). These interim evaluations and associated interim award fee payments are superseded by the fee determination made in
the final evaluation at contract completion. However, if the final award fee
adjectival rating is higher or lower
than the average adjectival rating of
all the interim award fee periods, or if
the final award fee score is eight base
percentage points higher or lower than
the average award fee score of all interim award fee periods (e.g. 80% to
88%), then the Head of the Contracting
Activity (HCA) or the Deputy Chief Acquisition Officer (if the HCA is the Fee
Determination Official) shall review
and concur in the final award fee determination. The Government will then
pay the contractor, or the contractor
will refund to the Government, the difference between the final award fee determination and the cumulative interim fee payments.
(c) Control of evaluations. Interim and
final evaluations may be used to provide past performance information during the source selection process in future acquisitions and should be marked
and controlled as ‘‘Source Selection Information—see FAR 3.104’’. See FAR
42.1503(h) regarding the requirements
for releasing Source Selection Information included in the Contractor Performance Assessment Reporting System (CPARS).
[63 FR 13133, Mar. 18, 1998, as amended at 80
FR 12937, Mar. 12, 2015; 81 FR 50366, Aug. 1,
2016]
1816.405–274
tors.
Award fee evaluation fac-
(a) Explicit evaluation factors shall
be established for each award fee period. Factors shall be linked to acquisition objectives which shall be defined
in terms of contract cost, schedule, and
technical performance. If used, subfactors should be limited to the minimum
necessary to ensure a thorough evaluation and an effective incentive.
(b) Evaluation factors will be developed by the contracting officer based
upon the characteristics of an individual procurement. Cost control,
schedule, and technical performance
considerations shall be included as
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National Aeronautics and Space Administration
evaluation factors in all CPAF contracts, as applicable. When explicit
evaluation factor weightings are used,
cost control shall be no less than 25
percent of the total weighted evaluation factors. The predominant consideration of the cost control evaluation
should be a measurement of the contractor’s performance against the negotiated estimated cost of the contract. This estimated cost may include
the value of undefinitized change orders when appropriate.
(c)(1) The technical factor must include consideration of risk management (including mission success, safety, security, health, export control,
and damage to the environment, as appropriate) unless waived at a level
above the contracting officer, with the
concurrence of the project manager.
The rationale for any waiver shall be
documented in the contract file. When
safety, export control, or security are
considered under the technical factor,
the award fee plan shall allow the following fee determinations, regardless
of contractor performance in other
evaluation factors, when there is a
major breach of safety or security.
(i) For evaluation of service contracts under 1816.405–273(a), an overall
fee rating of unsatisfactory for any
evaluation period in which there is a
major breach of safety or security.
(ii) For evaluation of end item contracts under 1816.405–273(b), an overall
fee rating of unsatisfactory for any interim evaluation period in which there
is a major breach of safety or security.
To ensure that the final award fee evaluation at contract completion reflects
any major breach of safety or security,
in an interim period, the overall award
fee pool shall be reduced by the amount
of the fee available for the period in
which the major breach occurred if an
unsatisfactory fee rating was assigned
because of a major breach of safety or
security.
(2) A major breach of safety must be
related directly to the work on the
contract. A major breach of safety is
an act or omission of the Contractor
that consists of an accident, incident,
or exposure resulting in a fatality or
mission failure; or in damage to equipment or property equal to or greater
than $1 million; or in any ‘‘willful’’ or
1816.405–274
‘‘repeat’’ violation cited by the Occupational Safety and Health Administration (OSHA) or by a state agency operating under an OSHA approved plan.
(3) A major breach of security may
occur on or off Government installations, but must be directly related to
the work on the contract. A major
breach of security is an act or omission
by the contractor that results in compromise of classified information, illegal technology transfer, workplace violence resulting in criminal conviction,
sabotage, compromise or denial of information technology services, equipment or property damage from vandalism greater than $250,000, or theft
greater than $250,000.
(4) The Assistant Administrator for
Procurement shall be notified prior to
the determination of an unsatisfactory
award fee rating because of a major
breach of safety or security.
(d) In rare circumstances, contract
costs may increase for reasons outside
the contractor’s control and for which
the contractor is not entitled to an equitable adjustment. One example is a
weather-related launch delay on a
launch support contract. The Government shall take such situations into
consideration when evaluating contractor cost control.
(e) Emphasis on cost control should
be balanced against other performance
requirement objectives. The contractor
should not be incentivized to pursue
cost control to the point that overall
performance is significantly degraded.
For example, incentivizing an underrun
that results in direct negative impacts
on technical performance, safety, or
other critical contract objectives is
both
undesirable
and
counterproductive. Therefore, evaluation of
cost control shall conform to the following guidelines:
(1) Normally, the contractor should
be given an unsatisfactory rating for
cost control when there is a significant
overrun within its control. However,
the contractor may receive a satisfactory or higher rating for cost control if
the overrun is insignificant. Award fee
ratings should decrease sharply as the
size of the overrun increases. In any
evaluation of contractor overrun performance, the Government shall consider the reasons for the overrun and
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1816.405–275
48 CFR Ch. 18 (10–1–21 Edition)
assess the extent and effectiveness of
the contractor’s efforts to control or
mitigate the overrun.
(2) The contractor should normally
be rewarded for an underrun within its
control, up to the maximum award fee
rating allocated for cost control, provided the adjectival rating for all other
award fee evaluation factors is very
good or higher (see FAR 16.401(e)(iv)).
(3) The contractor should be rewarded for meeting the estimated cost
of the contract, but not to the maximum rating allocated for cost control,
to the degree that the contractor has
prudently managed costs while meeting contract requirements. No award
fee shall be given in this circumstance
unless the average adjectival rating for
all other award fee evaluation factors
is satisfactory or higher.
(f) When an AF arrangement is used
in conjunction with another contract
type, the award fee’s cost control factor will only apply to a subjective assessment of the contractor’s efforts to
control costs and not the actual cost
outcome incentivized under the basic
contract type (e.g. CPIF, FPIF).
(g)(1) The contractor’s performance
against the subcontracting plan incorporated in the contract shall be evaluated. Emphasis may be placed on the
contractor’s accomplishment of its
goals for subcontracting with small
business, small disadvantaged business,
HUBZone small business, womenowned small business, veteran-owned
small business, service-disabled veteran-owned small business concerns,
and Historically Black Colleges and
Universities—Minority
Institutions
(HBCU/MIs). The evaluation should
consider both goals as a percentage of
subcontracting dollars as well as a percentage of the total contract value.
(2) The contractor’s achievements in
subcontracting high technology efforts
as well as the contractor’s performance
under the Mentor-Prote´ge´ Program, if
applicable, may also be evaluated.
(3) The evaluation weight given to
the contractor’s performance against
the considerations in paragraphs (g)(1)
and (2) of this section shall be 10 percent of available award fee and shall be
separate from all other factors.
(h) When contract changes are anticipated, the contractor’s responsiveness
to requests for change proposals should
be evaluated. This evaluation should
include the contractor’s submission of
timely, complete proposals and cooperation in negotiating the change.
(i) Only the award fee performance
evaluation factors set forth in the performance evaluation plan shall be used
to determine award fee scores.
(j) The Government may unilaterally
modify the applicable award fee performance evaluation factors and performance evaluation areas prior to the
start of an evaluation period. The contracting officer shall notify the contractor in writing of any such changes
30 days prior to the start of the relevant evaluation period.
[76 FR 6697, Feb. 8, 2011, as amended at ; 80
FR 12937, Mar. 12, 2015]
1816.405–275
ing.
Award fee evaluation rat-
(a) All award fee contracts shall utilize the adjectival rating categories
and associated descriptions as well as
the award fee pool available to be
earned percentages for each adjectival
rating category contained in FAR
16.401(e)(3)(iv).
Contracting
officers
may supplement these descriptions
with more specifics relative to their
procurement but they cannot alter or
delete the FAR adjectival rating descriptions.
(b) The following numerical scoring
system shall be used in conjunction
with the FAR adjectival rating categories and associated descriptions (see
FAR 16401(e)(3)(iv)).
(1) Excellent (100–91)
(2) Very good (90–76)
(3) Good (75–51)
(4) Satisfactory (50)
(5) Unsatisfactory (less than 50) No
award fee shall be paid for an unsatisfactory rating.
(c) As a benchmark for evaluation, in
order to be rated ‘‘Excellent’’ overall,
the contractor would typically be
under cost, on or ahead of schedule,
and providing outstanding technical
performance.
(d) A weighted scoring system appropriate for the circumstances of the individual contract requirement should
be developed. In this system, each evaluation factor (e.g., technical, schedule,
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National Aeronautics and Space Administration
cost control) is assigned a specific percentage weighting with the cumulative
weightings of all factors totaling 100.
During the award fee evaluation, each
factor is scored from 0–100 according to
the ratings defined in 1816.405–275(b).
The numerical score for each factor is
then multiplied by the weighting for
that factor to determine the weighted
score. For example, if the technical
factor has a weighting of 60 percent
and the numerical score for that factor
is 80, the weighted technical score is 48
(80 × 60 percent). The weighted scores
for each evaluation factor are then
added to determine the total award fee
score.
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[76 FR 6698, Feb. 8, 2011, as amended at 80 FR
12937, Mar. 12, 2015]
1816.405–276 Award fee payments and
limitations.
(a) Interim award fee payments. The
amount of an interim award fee payment (see 1816.405–273(b)) is limited to
the lesser of the interim evaluation
score or 80 percent of the fee allocated
to that interim period less any provisional payments (see paragraph (b) of
this subsection) made during the period.
(b) Provisional award fee payments.
Provisional award fee payments are
payments made within evaluation periods prior to an interim or final evaluation for that period. Provisional payments may be included in the contract
and should be negotiated on a case-bycase basis. For a service contract, the
total amount of award fee available in
an evaluation period that may be provisionally paid is the lesser of a percentage stipulated in the contract (but
not exceeding 80 percent) or the prior
period’s evaluation score. For an end
item contract, the total amount of provisional payments in a period is limited to a percentage not to exceed 80
percent of the prior interim period’s
evaluation score, except for the first
evaluation period which is limited to 80
percent of the available award fee for
that evaluation period.
(c) Fee payment. The Fee Determination Official’s rating for both interim
and final evaluations will be provided
to the contractor within 45 calendar
days of the end of the period being
evaluated. Any fee, interim or final,
1816.405–277
due the contractor will be paid no later
than 60 calendar days after the end of
the period being evaluated.
[63 FR 13134, Mar. 18, 1998, as amended at 81
FR 50366, Aug. 1, 2016]
1816.405–277 Award term.
(a) An award term enables a contractor to become eligible for additional periods of performance or ordering periods under a service contract (as
defined in FAR 37.101) by achieving and
sustaining the prescribed performance
levels
under
the
contract.
It
incentivizes the contractor for maintaining superior performance by providing an opportunity for extensions of
the contract term.
(b) Award terms are best suited for
acquisitions where a longer term relationship (generally more than five
years) between the Government and a
contractor would provide significant
benefits to both. Motivating excellent
performance, fostering contractor capital investment, and increasing the desirability of the award, thus potentially increasing competition, are benefits that may justify the use of award
terms.
(c) While the administrative burden
and cost of more frequent procurements to both the Government and potential offerors should be considered
when determining whether to use
award terms, this decision must be
weighed against market stability, the
potential changes and advancements in
technology, and flexibility to change
direction with mission changes and associated frequent procurements.
(d) Award terms may be used in conjunction with contract options under
FAR 17.2. Award terms are similar to
contract options in that they are conditioned on the Government’s continuing need for the contract and the
availability of funds. However, FAR
17.207(c)(7) states the contracting officer must determine that the contractor’s performance has been acceptable,
e.g., received satisfactory ratings. In
contrast, to become eligible for an
award term, the contractor must maintain a level of performance above acceptable as specified in the Award
Term Plan (see 1816.405–277(i)). In contracts with both option periods and
award terms, the award term period of
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1816.405–277
48 CFR Ch. 18 (10–1–21 Edition)
performance or ordering period shall
begin after completion of any option
period of performance or ordering period.
(e) Contracts with award terms shall
include a base period of performance or
ordering period and may include a designated number of option periods during which the Government will observe
and evaluate the contractor’s performance allowing the contractor to earn
an award term. Additionally, as specified in the Award Term Plan, the contractor may also be evaluated for additional award terms during performance
of an earned award term. If the contractor meets or exceeds the performance requirements, there is an on-going
need for and desire to continue the contract, funds are available, and the contractor is not listed in the System for
Award Management Exclusions, then
the contractor may be eligible for contract extension for the period of the
award term.
(f) Contracts with award terms shall
comply with FAR and NFS restrictions
on the overall contract length, such as
the 5-year period of performance limitation found at NFS 1817.204.
(g) Award terms may only be used in
acquisitions for services exceeding $20
million dollars. Use of award terms for
lower-valued acquisitions may be authorized in exceptional situations such
as contract requirements having direct
health or safety impacts, where the
judgmental assessment of the quality
of contractor performance is critical.
(h) Consistent with the Competition
in Contracting Act and general procurement principles, the potential
award term periods in a procurement
must be priced, evaluated, and considered in the initial contract selection
process in order to be valid.
(i) All contracts including award
terms shall be supported by an Award
Term Plan that establishes criteria for
earning an award term and the methodology and schedule for evaluating
contractor performance. A copy of the
Award Term Plan shall be included in
the contract. The contracting officer
may unilaterally revise the Award
Term Plan. Award Term Plans shall—
(1) Identify the officials to include
Term-Determining Official involved in
the award term evaluation and their
function;
(2) Identify and describe each evaluation factor, any subfactors, related performance standards, adjectival ratings,
and numerical ranges or weights to be
used. The contracting officer should
follow the guidance at 1816.405–274 in
establishing award term evaluation
factors and 1816.405–275 in establishing
adjectival rating categories, associated
descriptions, numerical scoring system, and weighted scoring system;
(3) Specify the annual overall rating
required for the contractor to be eligible for an award term that reflects a
level of performance above acceptable
and the number of award terms the
contractor may qualify for based on
the rating score;
(4) Identify the evaluation period(s)
and the evaluation schedule to be conducted at stated intervals during the
contract period of performance or ordering period so that the contractor
will periodically be informed of the
quality of its performance and the
areas in which improvement is expected (e.g., six months, nine months,
twelve months, or at other specific
milestones), and when the decision
points are for the determination that
the contractor is eligible for an award
term; and
(5) Identify the contract’s base period
of performance or ordering period, any
option period(s), and total award-term
periods(s). Award term periods shall
not exceed one year.
(j)(1) The Government has the unilateral right not to grant or to cancel
award term periods and the associated
Award Term Plans if—
(i) The contractor has failed to
achieve the required performance
measures for the corresponding evaluation period;
(ii) After earning an award term, the
contractor fails to earn an award term
in any succeeding year of contract performance, the contracting officer may
cancel any award terms that the contractor has earned, but that have not
begun;
(iii) The contracting officer notifies
the contractor that the Government no
longer has a need for the award term
period before the time an award term
period is to begin;
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National Aeronautics and Space Administration
(iv) The contractor represented that
it was a small business concern prior to
award of the contract, the contract was
set-aside for small businesses, and the
contractor rerepresents in accordance
with FAR clause 52.219–28 Post-Award
Small Business Program Rerepresentation, that it is no longer a small business; or
(v) The contracting officer notifies
the contractor that funds are not available for the award term.
(2) When an award term period is not
granted or cancelled, any—
(i) Prior award term periods for
which the contractor remains otherwise eligible are unaffected.
(ii) Subsequent award term periods
are also cancelled.
(k) Cancellation of an award term period that has not yet commenced for
any of the reasons set forth in paragraph (j) of this section shall not be
considered either a termination for
convenience or termination for default,
and shall not entitle the contractor to
any termination settlement or any
other compensation. If the award term
is cancelled, a unilateral modification
will cite the clause as the authority.
[82 FR 34418, July 25, 2017]
1816.406
Contract clauses.
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1816.406–70
NASA contract clauses.
(a) As authorized by FAR 16.406(e),
the contracting officer shall insert the
clause at 1852.216–76, Award Fee for
Service Contracts, in solicitations and
contracts when an award fee contract
is contemplated and the contract deliverable is the performance of a service.
(b) As authorized by FAR 16.406(e),
the contracting officer shall insert the
clause at 1852.216–77, Award Fee for End
Item Contracts, in solicitations and
contracts when an award fee contract
is contemplated and the contract
deliverables are hardware or other end
items for which total contractor performance cannot be measured until the
end of the contract. When the clause is
used in a fixed-price award fee contract, it shall be modified by deleting
references to base fee in paragraphs (a),
and by deleting paragraph (c)(1), the
last sentence of (c)(4), and the first sentence of (c)(5).
1816.506–70
(c) The contracting officer may insert a clause substantially as stated at
1852.216–83, Fixed Price Incentive, in
fixed-price-incentive solicitations and
contracts utilizing firm or successive
targets. For items subject to incentive
price revision, identify the target cost,
target profit, target price, and ceiling
price for each item.
(d) The contracting officer shall insert the clause at 1852.216–84, Estimated Cost and Incentive Fee, in costplus-incentive-fee
solicitations
and
contracts.
(e) The contracting officer may insert the clause at 1852.216–85, Estimated Cost and Award Fee, in award
fee solicitations and contracts. When
the contract includes performance incentives, use Alternate I. When the
clause is used in a fixed-price award fee
contract, it shall be modified to delete
references to base fee and to reflect the
contract type.
(f) As provided at 1816.402–270, the
contracting officer shall insert a clause
substantially as stated at 1852.216–88,
Performance Incentive, when the primary deliverable(s) is (are) hardware
and total estimated cost and fee is
greater than $25 million. A clause substantially as stated at 1852.216–88 may
be included in lower dollar value supply or service contracts at the discretion of the contracting officer.
(g) Insert the clause at 1852.216–72,
Award Term in solicitations and contracts for services exceeding $20 million when award terms are contemplated.
[62 FR 3478, Jan. 23, 1997. Redesignated and
amended at 62 FR 36706, 36707, July 9, 1997; 62
FR 58687, Oct. 30, 1997; 63 FR 13134, Mar. 18,
1998; 80 FR 12937, Mar. 12, 2015; 81 FR 71638,
Oct. 18, 2016; 82 FR 34419, July 25, 2017]
Subpart 1816.5—IndefiniteDelivery Contracts
1816.506–70
NASA contract clause.
Insert the clause at 1852.216–80, Task
Ordering Procedure, in solicitations
and contracts when an indefinite-delivery, task order contract is contemplated. The clause is applicable to
both fixed-price and cost-reimbursement type contracts. The contracting
officer shall use the clause with its—
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Pt. 1817
48 CFR Ch. 18 (10–1–21 Edition)
(a) Alternate I, if the cost type, fixed
price with prospective price redetermination, or fixed-price incentive contract does not include a NASA Form
533M reporting requirements; or
(b) Alternate II, if a fixed price contract is contemplated.
[83 FR 13115, Mar. 27, 2018]
PART 1817—SPECIAL
CONTRACTING METHODS
Subpart 1817.2—Options
Sec.
1817.208 Solicitation
tract clauses.
provisions
and
con-
Subpart 1817.70—Phased Acquisition
1817.7000
1817.7002
[61 FR 55753, Oct. 29, 1996. Redesignated at 80
FR 68778, Nov. 6, 2015]
Definitions.
Contract clauses.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 61 FR 55753, Oct. 29, 1996, unless
otherwise noted.
Subpart 1817.2—Options
1817.208 Solicitation provisions and
contract clauses. (NASA supplements paragraph (c))
(c)(3) The contracting officer shall insert a provision substantially the same
as FAR 52.217–5 in cost reimbursement
contracts when the other conditions of
FAR 17.208(c) are met.
Subpart 1817.70—Phased
Acquisition
1817.7000 Definitions.
(a) Down-selection. In a phased acquisition, the process of selecting contractors for later phases from among the
preceding phase contractors.
(b) Phased Acquisition. An incremental acquisition implementation
comprised of several distinct phases
where the realization of program/
project objectives requires a planned,
sequential acquisition of each phase.
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The phases may be acquired separately,
in combination, or through a down-selection strategy.
(c) Progressive Competition. A type of
down-selection strategy for a phased
acquisition. In this method, a single solicitation is issued for all phases of the
program. The initial phase contracts
are awarded, and the contractors for
subsequent phases are expected to be
chosen through a down-selection from
among the preceding phase contractors. In each phase, progressively fewer
contracts are awarded until a single
contractor is chosen for the final
phase. Normally, all down-selections
are accomplished without issuance of a
new, formal solicitation.
1817.7002
Contract clauses.
(a) The contracting officer shall insert the clause at 1852.217–71, Phased
Acquisition Using Down-Selection Procedures, in solicitations and contracts
for phased acquisitions using down-selection procedures other than the progressive competition technique. The
clause may be modified as appropriate
if the acquisition has more than two
phases. The clause shall be included in
the solicitation for each phase and in
all contracts except that for the final
phase.
(b) The contracting officer shall insert the clause at 1852.217–72, Phased
Acquisition Using Progressive Competition Down-Selection Procedures, in
solicitations and contracts for phased
acquisitions using the progressive competition technique. The clause may be
modified as appropriate if the acquisition has more than two phases. The
clause shall be included in the initial
phase solicitation and all contracts except that for the final phase.
[63 FR 56091, Oct. 21, 1998, as amended at 69
FR 21764, Apr. 22, 2004. Redesignated at 80 FR
68778, Nov. 6, 2015]
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SUBCHAPTER D—SOCIOECONOMIC PROGRAMS
skilled and trained technicians or specialists.
PART 1819—SMALL BUSINESS
PROGRAMS
Sec.
1819.001
Subpart 1819.2—Policies
Definitions.
1819.201 General policy. (NASA supplements paragraphs (a), (c), (d),
and (f))
Subpart 1819.2—Policies
1819.201
General policy.
Subpart 1819.3—Determination of Small
Business Status for Small Business Programs
1819.302 Protesting a small business representation or rerepresentation.
Subpart 1819.7—The Small Business
Subcontracting Program
1819.708 Contract clauses.
1819.708–70 NASA solicitation provision and
contract clause.
1819.811–3 Contract clauses.
Subpart 1819.10 [Reserved]
Subpart 1819.70—1819.71 [Reserved]
´ ge
´
Subpart 1819.72—NASA Mentor-Prote
Program
1819.7201 Scope of subpart.
1819.7202 Eligibility.
1819.7203 Mentor-prote´ge´ advance payments.
1819.7204 Agreement submission and approval process.
1819.7205 Award Fee Pilot Program.
1819.7206—1819.7211 [Reserved]
1819.7212 Reporting requirements.
1819.7213—1819.7214 [Reserved]
1819.7215 Solicitation provision and contract clauses.
Subpart 1819.73—Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs
1819.7301
1819.7302
Scope of subpart.
NASA contract clauses.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
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SOURCE: 62 FR 36707, July 9, 1997, unless
otherwise noted.
1819.001 Definitions.
High-Tech as used in this part means
research and/or development efforts
that are within or advance the state-ofthe-art in a technology discipline and
are performed primarily by professional engineers, scientists, and highly
(a)(i) NASA is committed to providing to small, veteran-owned small
business,
service-disabled
veteranowned small business, HUBZone, small
disadvantaged,
and
women-owned
small business concerns, maximum
practicable opportunities to participate in Agency acquisitions at the
prime contract level. The participation
of NASA prime contractors in providing subcontracting opportunities to
such entities is also an essential part
of the Agency’s commitment. The participation of these entities is emphasized in high-technology areas where
they have had low involvement level.
(ii) NASA biennially negotiates
Agency small business prime and subcontracting goals with the Small Business Administration pursuant to section 15(g) of the Small Business Act (15
U.S.C. 644). In addition, NASA has an
annual goal of five percent for prime
and subcontract awards to small disadvantaged businesses (SDBs) and
women-owned
small
businesses
(WOSBs), and a three percent goal for
HUBZone and service-disabled, veteran-owned small business concerns.
[62 FR 36707, July 9, 1997, as amended at 64
FR 25215, May 11, 1999; 65 FR 38777, June 22,
2000; 65 FR 58932, Oct. 3, 2000; 67 FR 53947,
Oct. 23, 2001; 69 FR 21765, Apr. 22, 2004; 80 FR
12938, Mar. 12, 2015]
1819.302 Protesting a small business
representation or rerepresentation.
(h) When the contracting officer determines in writing that an award
must be made to protect the public interest, the contracting officer shall notify the Headquarters Office of Procurement, Program Operations Division, the Headquarters Office of Small
Business Programs, and the SBA.
[80 FR 12938, Mar. 12, 2015]
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1819.708
48 CFR Ch. 18 (10–1–21 Edition)
(e) Follow the prescription at FAR
19.811–3(e).
Subpart 1819.7—The Small
Business Subcontracting Program
1819.708 Contract clauses. (NASA supplements paragraph (b))
(b)(1) The contracting officer shall
use the clause at FAR 52.219–9 with its
Alternate II when contracting by negotiation.
1819.708–70 NASA solicitation provision and contract clause.
(a) The contracting officer shall insert the provision at 1852.219–73, Small
Business Subcontracting Plan, in invitations for bids containing the clause
at FAR 52.219–9 with its Alternate I. Insert in the last sentence the number of
calendar days after request that the offeror must submit a complete plan.
(b) The contracting officer shall insert the clause at 1852.219–75, Individual
Subcontracting Reports, in solicitations and contracts containing the
clause at FAR 52.219–9, except for contracts covered by an approved commercial subcontracting plan.
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[64 FR 25215, May 11, 1999, as amended at 80
FR 12938, Mar. 12, 2015; 81 FR 10520, Mar. 1,
2016]
1819.811–3 Contract clauses.
(a) The contracting officer shall insert the clause at 1852.219–11, Special
8(a) Contract Conditions, in contracts
and purchase orders awarded directly
to the 8(a) contractor when the acquisition is accomplished using the procedures of FAR 19.811–1(a) and (b).
(d) The contracting officer shall insert the clause at 1852.219–18, Notification of Competition Limited to Eligible
8(a) Concerns, in competitive solicitations and contracts when the acquisition is accomplished using the procedures of FAR 19.805.
(1) The clause at 1852.219–18 with Alternate I to the FAR clause at 52.219–18
will be used when competition is to be
limited to 8(a) concerns within one or
more specific SBA districts pursuant to
FAR 19.804–2.
(2) The clause at 1852.219–18 with Alternate II to the FAR clause at 52.219–
18 will be used when the acquisition is
for a product in a class for which the
Small Business Administration has
waived the nonmanufacturer rule (see
FAR 19.102(f)(4) and (5)).
[80 FR 12938, Mar. 12, 2015]
Subpart 1819.10 [Reserved]
Subparts 1819.70—1819.71
[Reserved]
Subpart 1819.72—NASA Mentor´ ge
´ Program
Prote
SOURCE: 74 FR 25672, May 29, 2009, unless
otherwise noted.
1819.7201
Scope of subpart.
(a) This subpart implements the
NASA Mentor-Prote´ge´ Program (hereafter referred to as the Program) established under the authority of Title 42,
U.S.C., 2473(c)(1). The purpose of the
Program is to:
(1) Provide incentives to NASA contractors, performing under at least one
active, approved subcontracting plan
negotiated with NASA, to assist
prote´ge´s in enhancing their capabilities to perform as viable NASA contractors, other Government contractors, and commercial suppliers on contract and subcontract requirements.
(2) Increase the overall participation
of prote´ge´s as subcontractors and suppliers under NASA contracts, other
Federal agency contracts, and commercial contracts; and
(3) Foster the establishment of longterm business relationships between
prote´ge´s and mentors.
(b) Under the Program, eligible entities approved as mentors will enter
into mentor-prote´ge´ agreements with
eligible prote´ge´s to provide appropriate
developmental assistance to enhance
the capabilities of the prote´ge´s to perform as subcontractors and suppliers.
NASA may provide the mentor award
fee incentives. Additionally, this subpart explains the calculated subcontracting credit for a mentor-prote´ge´
program pursuant to FAR 52.219–9,
Small Business Subcontracting Plan.
[74 FR 25672, May 29, 2009, as amended at 80
FR 12938, Mar. 12, 2015]
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National Aeronautics and Space Administration
1819.7202 Eligibility.
(a) Eligibility of Mentors: To be eligible as a mentor, an entity must be—
(1) A large prime contractor performing with at least one approved
subcontracting plan, other than a commercial plan, negotiated with NASA,
pursuant to FAR Subpart 19.7, the
Small Business Subcontracting Program. A contractor may apply to become a mentor if they currently are
not performing under a NASA contract
as long as they are currently performing another Federal agency contract with an approved subcontracting
plan. The NASA mentor-prote´ge´ agreement, however, will not be approved
until the mentor company is performing under a NASA contract with
an approved subcontracting plan; and
(2) Eligible for receipt of Government
contracts. An entity will not be approved for participation in the Program if, at the time of submission of
the application to the Headquarters Office of Small Business Programs, the
entity is currently debarred or suspended from contracting with the Federal Government pursuant to FAR Subpart 9.4, Debarment, Suspension, and
Ineligibility.
(b) Eligibility of Prote´ge´s: To be eligible to participate as a prote´ge´, an entity must be—
(1) Classified as a Small Disadvantaged Business (SDB), a small disadvantaged business, a women-owned
small business, a historically underutilized business zone concern, a veteranowned, service-disabled small business,
a historically black college and university, or a minority institution. The
prote´ge´ entity may also be an active
NASA SBIR/STTR Phase II company,
or an entity participating in the
AbilityOne program.
(2) Eligible for the award of Federal
contracts; and
(3) A small business according to the
Small Business Administration (SBA)
size standard for the North American
Industry
Classification
System
(NAICS) code that represents the contemplated supplies or services to be
provided by the prote´ge´ to the mentor.
(c) A prote´ge´ firm may self-certify to
a mentor firm that it meets the requirements set forth in paragraph (b)
of this section. Mentors may rely in
1819.7205
good faith on written representations
by potential prote´ge´s that they meet
the specified eligibility requirements.
[80 FR 12938, Mar. 12, 2015]
1819.7203 Mentor-prote´ge´
advance
payments.
If advance payments are contemplated, the mentor must first have
the advance payments approved the
contracting officer in accordance with
FAR Subpart 32.4, Advance Payments
for Non-commercial items.
[80 FR 12938, Mar. 12, 2015]
1819.7204 Agreement submission and
approval process.
(a) To participate in the Program,
entities approved as mentors in accordance with 1819.7203, will submit a complete agreement package to the Contracting Officer who will forward the
completed agreement package to the
cognizant Small Business Specialist at
the NASA Center. The submission
package must include the following—
(1) A signed mentor-prote´ge´ agreement;
(2) A signed prote´ge´ application;
(3) The estimated cost of the technical assistance to be provided, broken
out per year and per task, in a separate
cost volume; and
(4) Additional information as may be
requested by the NASA OSBP; and
(5) A signed letter of endorsement of
the agreement by the contracting officer and the contracting officer representative.
(b) The mentor-prote´ge´ agreement
must be approved by the Assistant Administrator, NASA OSBP, prior to the
mentor incurring eligible costs for developmental assistance provided to the
prote´ge´.
(c) The cognizant NASA center will
issue a contract modification, if justified, prior to the mentor incurring
costs for developmental assistance to
the prote´ge´.
[80 FR 12938, Mar. 12, 2015]
1819.7205 Award Fee Pilot Program.
(a) Mentors will be eligible to earn a
separate award fee associated with the
provision of developmental assistance
to NASA SBIR/STTR Phase II Prote´ge´s
only. The award fee will be assessed at
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1819.7206–1819.7211
48 CFR Ch. 18 (10–1–21 Edition)
the end of the Mentor-Prote´ge´ agreement period.
(b) The overall developmental assistance performance of NASA contractors, in promoting the use of small
businesses as subcontractors, will be a
required evaluation factor in award fee
plans.
(c) Evaluation criteria to determine
the award fee should include:
(1) Benefit of the agreement to
NASA;
(2) Active participation in the Program;
(3) The amount and quality of developmental assistance provided;
(4) Subcontracts awarded to small
businesses and others;
(5) Success of the prote´ge´s in increasing their business as a result of receiving developmental assistance; and
(6) Accomplishment of any other activity as related to the mentor-prote´ge´
relationship.
(d) The Award Fee Pilot Program is
an addition to the credit agreement.
Participants that are eligible for award
fee may also receive credit under their
individual contract’s award fee plan.
[80 FR 12938, Mar. 12, 2015]
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1819.7206–1819.7211
report template, on the progress made
during the prior six months by the
prote´ge´ in employment, revenues, and
participation in NASA contracts during each year of the Program participation term. The Prote´ge´ must also provide an additional post-agreement report for each of the two years following
the expiration of the Program participation term.
(e) The prote´ge´ semiannual report required by paragraph (d) must be submitted separately from the Mentor’s
semiannual report submission.
(f) Reports for all agreements must
be submitted to the NASA OSBP Mentor-Prote´ge´ Program Manager, the
mentor’s cognizant administrative contracting officer, and their cognizant
center small business specialist.
(g) Templates for the semiannual report and the Post-Agreement report
and guidance for their submission are
available at: http://www.osbp.nasa.gov.
[74 FR 25672, May 29, 2009, as amended at 80
FR 12939, Mar. 12, 2015]
1819.7213–1819.7214
[Reserved]
1819.7215 Solicitation
contract clauses.
[Reserved]
1819.7212 Reporting requirements.
(a) Mentors must report on the
progress made under active mentorprote´ge´
agreements
semiannually
throughout the term of the agreement.
(b) Reports are due 30 days after the
end of each six-month period of performance commencing with the start of
the agreement.
(c) Each semiannual report must include the following data on performance under the mentor-prote´ge´ agreement:
(1) Expenditures by the mentor.
(2) The number and dollar value of
subcontracts awarded to the prote´ge´.
(3) Description of developmental assistance provided, including milestones
achieved.
(4) Impact of the agreement in terms
of capabilities enhanced, certifications
received, and/or technology transferred.
(d) Semiannually, the prote´ge´ must
provide an independently developed
progress report using the semiannual
provision
(a) The contracting officer shall insert the clause at 1852.219–77, NASA
Mentor-Prote´ge´ Program, in:
(1) Any contract that includes the
clause at FAR 52.219–9, Small Business
Subcontracting Plan.
(b) The contracting officer shall insert the clause at 1852.219–79, Mentor
Requirements and Evaluation, in contracts where the prime contractor is a
participant in the NASA MentorProte´ge´ Program.
Subpart 1819.73—Small Business
Innovation Research (SBIR)
and Small Business Technology Transfer (STTR) Programs
1819.7301
Scope of subpart.
The Small Business Innovation Research (SBIR) and Small Business
Technology Transfer (STTR) Programs
were established and issued under the
authority of the Small Business Act
codified at 15 U.S.C. 631, as amended,
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National Aeronautics and Space Administration
and the Small Business Innovation Development Act of 1982 (Pub. L. 97–219),
codified with amendments at 15 U.S.C.
638, as amended. The Small Business
Act requires that the Small Business
Administration (SBA) issue SBIR and
STTR Program Policy Directives for
the general conduct of the SBIR/STTR
Programs within the Federal Government. The statutory purpose of the
SBIR Program is to strengthen the role
of innovative small business concerns
(SBCs) in federally-funded research or
research and development (R/R&D).
Specific program purposes are to:
Stimulate technological innovation;
use small business to meet Federal R/
R&D needs; foster and encourage participation by socially and economically
disadvantaged SBCs, and by SBCs that
are 51-percent owned and controlled by
women, in technological innovation;
and increase private sector commercialization of innovations derived from
Federal R/R&D, thereby increasing
competition, productivity and economic growth. Federal agencies participating in the SBIR/STTR Programs
(SBIR/STTR agencies) are obligated to
follow the guidance provided by the
SBA Policy Directive. NASA is required to ensure its policies, regulations, and guidance on the SBIR/STTR
Programs are consistent with SBA’s
Policy Directive. Contracting officers
are required to insert the applicable
clauses identified in 1819.7302 in all
SBIR and STTR contracts.
[71 FR 61688, Oct. 19, 2006, as amended at 80
FR 12939, Mar. 12, 2015]
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1819.7302
NASA contract clauses.
(a) Contracting officers shall insert
the clause at 1852.219–80, Limitation on
Subcontracting—SBIR Phase I Program, in all Phase I contracts awarded
under the Small Business Innovation
Research (SBIR) Program established
pursuant to Public Law 97–219 (the
Small Business Innovation Development Act of 1982).
(b) Contracting officers shall insert
the clause at 1852.219–81, Limitation on
Subcontracting—SBIR Phase II Program, in all Phase II contracts awarded
under the Small Business Innovation
Research (SBIR) Program established
pursuant to Public Law 97–219 (the
1819.7302
Small Business Innovation Development Act of 1982).
(c) Contracting officers shall insert
the clause at 1852.219–82, Limitation on
Subcontracting—STTR Program, in all
contracts awarded under the Small
Business Technology Transfer (STTR)
Program established pursuant to Public Law 97–219 (the Small Business Innovation Development Act of 1982). Occasionally, deviations from this requirement may be approved. Any deviations from this requirement shall be
approved in writing by the contracting
officer after coordination with the
Agency SBIR Program Manager/Coordinator.
(d) Contracting officers shall insert
the clause at 1852.219–83, Limitation of
the Principal Investigator—SBIR Program, in all contracts awarded under
the Small Business Innovation Research (SBIR) Program established
pursuant to Public Law 97–219 (the
Small Business Innovation Development Act of 1982). Occasionally, deviations from this requirement may be
approved. Any deviations from this requirement shall be approved in writing
by the contracting officer after coordination with the Agency SBIR Program
Manager/Coordinator.
(e) Contracting officers shall insert
the clause at 1852.219–84, Limitation of
the Principal Investigator—STTR Program, in all contracts awarded under
the Small Business Technology Transfer (STTR) Program established pursuant to Public Law 97–219 (the Small
Business Innovation Development Act
of 1982). Occasionally, deviations from
this requirement may be approved. Any
deviations from this requirement shall
be approved in writing by the contracting officer after coordination with
the Agency SBIR Program Manager/Coordinator.
(f) Contracting officers shall insert
the clause at 1852.219–85, Conditions for
Final Payment—SBIR and STTR Contracts, in all Phase I and Phase II contract awarded under the Small Business Technology Transfer (STTR) Program and the Small Business Innovation Research (SBIR) Program established pursuant to Public Law 97–219
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PC31
Pt. 1822
48 CFR Ch. 18 (10–1–21 Edition)
(The Small Business Innovation Development Act of 1982.)
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
[71 FR 61688, Oct. 19, 2006, as amended at 80
FR 12939, Mar. 12, 2015]
SOURCE: 61 FR 55757, Oct. 29, 1996, unless
otherwise noted.
PART
1822—APPLICATION
OF
LABOR LAWS TO GOVERNMENT
ACQUISITIONS
Subpart
1823.2—Energy
and
Water Efficiency and Renewable Energy
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 61 FR 55755, Oct. 29, 1996, unless
otherwise noted.
EDITORIAL NOTE: Nomenclature changes to
part 1822 appear at 66 FR 53547, Oct. 23, 2001.
Subpart 1822.1—Basic Labor
Policies
1822.103–5
Contract clause.
[69 FR 21765, Apr. 22, 2004]
PART 1823—ENVIRONMENT, ENERGY AND WATER EFFICIENCY,
RENEWABLE
ENERGY
TECHNOLOGIES,
OCCUPATIONAL
SAFETY, AND DRUG-FREE WORKPLACE
Subpart 1823.2—Energy and Water
Efficiency and Renewable Energy
Subpart 1823.5—Drug-Free
Workplace
1823.570 Drug- and alcohol-free workforce.
This section sets sets forth NASA requirements for mandatory drug and alcohol testing of certain contractor personnel under section 203, National Aeronautics and Space Act of 1958, as
amended, 42 U.S.C. 2473, 72 Stat. 429;
and Civil Space Employee Testing Act
of 1991, Public Law 102–195, sec. 21, 105
Stat. 1616 to 1619.
[61 FR 55757, Oct. 29, 1996. Redesignated and
amended at 69 FR 21765, Apr. 22, 2004]
Sec.
1823.271 NASA Solicitation provision and
contract clause.
Subpart 1823.5—Drug-Free Workplace
1823.570 Drug- and alcohol-free workforce.
1823.570–1 Definitions.
1823.570–2 Contract clause.
1823.570–3 Suspension of payments, termination of contract, and debarment and
suspension actions.
Subpart 1823.70—Safety and health
1823.7001 NASA solicitation provisions and
contract clauses.
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Insert the clause at 1852.223–76, Federal Automotive Statistical Tool Reporting, in solicitations and contracts
requiring contractor operation of Government-owned or -leased motor vehicles, including, but not limited to,
interagency fleet management system
(IFMS) vehicles authorized in accordance with FAR 51.2.
[68 FR 43334, July 22, 2003]
Insert the clause at 52.222–1, Notice
to the Government of Labor Disputes,
in all solicitations and contracts that
exceed
the
simplified
acquisition
threshold.
Subpart 1823.71—Authorization for Radio
Frequency Use
1823.7101
1823.271 NASA Solicitation provision
and contract clause.
Contract clause.
1823.570–1
Definitions.
Employee in a sensitive position means
a contractor or subcontractor employee who has been granted access to
classified information; a contractor or
subcontractor employee in other positions that the contractor or subcontractor determines could reasonably be
expected to affect safety, security, National security, or functions other than
the foregoing requiring a high degree of
trust and confidence; and includes any
employee performing in a position designated ‘‘mission critical’’ or performing mission-critical duties. The
term also includes any applicant who is
tentatively selected for a position described in this paragraph.
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National Aeronautics and Space Administration
Mission Critical Space Systems means
the collection of all space-based and
ground-based systems used to conduct
space missions or support activity in
space, including, but not limited to,
the crewed space system, space-based
communication and navigation systems, launch systems, and mission/
launch control.
Mission Critical Positions/Duties means
positions or duties which, if performed
in a faulty, negligent, or malicious
manner, could jeopardize mission critical space systems and/or delay a mission.
Use, in violation of applicable law or
Federal regulation, of alcohol includes
having, while on duty or during a preemployment interview, an alcohol concentration of 0.04 percent by weight or
more in the blood, as measured by
chemical test of the individual’s breath
or blood. An individual’s refusal to submit to such test is presumptive evidence of use, in violation of applicable
law or Federal regulation, of alcohol.
[80 FR 60554, Oct. 7, 2015]
1823.570–2
Contract clause.
The contracting officer shall insert
the clause at 1852.223–74, Drug- and Alcohol-Free Workforce, in all solicitations and contracts exceeding $5 million in which work is performed by an
employee in a sensitive position. However, the contracting officer shall not
insert the clause at 1852.223–74 in solicitations and contracts for commercial
items.
[80 FR 60554, Oct. 7, 2015]
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1823.570–3 Suspension of payments,
termination of contract, and debarment and suspension actions.
The contracting officer shall comply
with the procedures of FAR 23.506 regarding the suspension of contract payments, the termination of the contract
for default, and debarment and suspension of a contractor relative to failure
to comply with the clause at 1852.223–
74. Causes for suspension of contract
payments, termination of the contract
for default, and debarment and suspension of the contractor are the following:
1823.7001
(a) The contractor fails to comply
with paragraph (b), (c), or (d) of the
clause at 1852.223–74; or
(b) Such a number of contractor employees in sensitive positions having
been convicted of violations of criminal drug statutes or substantial evidence of drug or alcohol abuse or misuse occurring in the workplace, as to
indicate that the contractor has failed
to make a good faith effort to provide
a drug- and alcohol-free workforce.
[61 FR 55757, Oct. 29, 1996. Redesignated and
amended at 69 FR 21765, Apr. 22, 2004]
Subpart 1823.70—Safety and
Health
1823.7001 NASA solicitation provisions
and contract clauses.
(a) Insert the clause at 1852.223–70,
Safety and Health Measures and Mishap Reporting, in solicitations and
contracts above the simplified acquisition threshold when the work will be
conducted completely or partly on federally-controlled facilities.
(b) The clause prescribed in paragraph (a) of this section may be excluded with the approval of the installation official(s) responsible for matters of safety and occupational health.
(c) The contracting officer shall insert the provision at 1852.223–73, Safety
and Health Plan, in solicitations above
the simplified acquisition threshold
when the work will be conducted completely or partly on a Federally-controlled facility and the safety and
health plan will be evaluated in source
selection as approved by the source selection authority. This provision may
be modified to identify specific information that is to be included in the
plan. After receiving the concurrence
of the center safety and occupational
health official(s), the contracting officer shall incorporate the plan as an attachment into any resulting contract.
The contracting officer shall insert the
provision, with its Alternate I, in Invitations for Bid.
(d)(1) The contracting officer shall
insert FAR clause at 52.236–13 with its
Alternate I in solicitations and contracts when the work will be conducted
completely or partly on a Federallycontrolled facility and a Safety and
Health Plan will be reviewed after
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1823.7101
48 CFR Ch. 18 (10–1–21 Edition)
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award as a contract deliverable. The
contracting officer may modify the
wording in paragraph (f) of Alternate I
to specify:
(i) When the proposed plan is due and
(ii) Whether the contractor may commence work prior to approval of the
plan; or
(iii) To what extent the contractor
may commence work before the plan is
approved.
(2) The requiring activity, in consultation with the cognizant health
and safety official(s), will identify the
data deliverable requirements for the
safety and health plan. After receiving
the concurrence of the center safety
and occupational health official(s), the
contracting officer shall incorporate
the plan as an attachment into the
contract.
(e)(1) The contracting officer shall insert the clause at 1852.223–75, Major
Breach of Safety or Security, in all solicitations and contracts with estimated values of $500,000 or more, unless
waived at a level above the contracting
officer with the concurrence of the
project manager and the installation
official(s) responsible for matters of security, export control, safety, and occupational health.
(2) Insert the clause with its Alternate I if—
(i) The solicitation or contract is
with an educational or other nonprofit
institution and contains the termination clause at FAR 52.249–5; or
(ii) The solicitation or contract is for
commercial items and contains the
clause at FAR 52.212–4.
(3) For contracts with estimated values below $500,000, use of the clause is
optional.
(f) The contracting officer shall insert the clause at 1852.223–72, Safety
and Health (Short Form) in solicitations and contracts above the simplified acquisition threshold when
work will be conducted completely or
partly on Federally-controlled facilities and that do not contain the clause
at 1852.223–73 or the FAR clause at
52.236–13 with its Alternate I.
[65 FR 37059, June 13, 2000, as amended at 65
FR 70316, Nov. 22, 2000; 66 FR 18052, Apr. 5,
2001; 66 FR 48361, Sept. 20, 2001; 67 FR 17016,
Apr. 9, 2002; 71 FR 8989, Feb. 22, 2006; 80 FR
36721, June 26, 2015; 80 FR 73677, Nov. 25, 2015;
81 FR 71638, Oct. 18, 2016]
Subpart 1823.71—Authorization for
Radio Frequency Use
1823.7101 Contract clause.
The contracting officer shall insert
the clause at 1852.223–71, Authorization
for radio Frequency Use, in solicitations and contracts calling for developing, producing, constructing, testing,
or operating a device for which a radio
frequency equipment authorization is
required.
[80 FR 12939, Mar. 12, 2015]
PART 1824—PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
Subpart 1824.1—Protection of Individual
Privacy
Sec.
1824.102
General.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 61 FR 55758, Oct. 29, 1996, unless
otherwise noted.
Subpart 1824.1—Protection of
Individual Privacy
1824.102 General.
(1) For NASA rules and regulations
implementing the Privacy Act, see Privacy—NASA Regulations, (14 CFR
1212). The Act applies to any contractor maintaining a system of
records to accomplish a NASA mission.
(2) Systems of records to which the
Privacy Act does not apply include—
(i) Records maintained by a contractor on individuals employed by the
contractor on its own behalf for the
purpose of providing supplies and services to the Federal Government; and
(ii) Records that—
(A) Are maintained under contracts
with educational institutions to provide training;
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PC31
National Aeronautics and Space Administration
(B) Are generated on students working under the contract relative to their
attendance (admission forms, grade reports, etc.);
(C) Are similar to those maintained
on other students; and
(D) Are commingled with their
records on other students.
PART 1825—FOREIGN
ACQUISITION
Sec.
1825.003 Definitions.
1825.003–70 NASA definitions.
Subpart 1825.1—Buy American Act—
Supplies
1825.103
Exceptions.
Subpart 1825.4—Trade Agreements
1825.400
Scope of subpart.
Subpart 1825.9—Customs and Duties
1825.901
Policy.
Subpart 1825.11—Solicitation Provisions
and Contract Clauses
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 65 FR 10031, Feb. 25, 2000, unless
otherwise noted.
Definitions.
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1825.003–70
Subpart 1825.1—Buy American
Act—Supplies
1825.103
Exceptions.
(a)(i) The Assistant Administrator
for Procurement has determined that
it is inconsistent with the public interest to apply restrictions of the Buy
American Act to Canadian end products with estimated values of $25,000 or
less as defined in 1825.003–70. Accordingly, contracting officers must evaluate all offers for such Canadian end
products on a parity with offers for domestic end products, except that applicable duty (whether or not a duty free
entry certificate may be issued) must
be included in evaluating offers for Canadian end products.
(ii) The Assistant Administrator for
Procurement has determined that for
procurements subject to the Trade
Agreements Act, it would be inconsistent with the public interest to
apply the Buy American Act to U.S.made end products that are substantially transformed in the United
States.
[65 FR 10031, Feb. 25, 2000, as amended at 68
FR 11748, Mar. 12, 2003; 69 FR 21765, Apr. 22,
2004]
1825.1101 Acquisition of supplies.
1825.1103 Other provisions and clauses.
1825.1103–70 Export control.
1825.003
1825.901
NASA definitions.
‘‘Canadian end product’’, for an item
with an estimated value of $25,000 or
less, means an unmanufactured end
product mined or produced in Canada
or an end product manufactured in
Canada, if the cost of its components
mined, produced, or manufactured in
Canada or the United States exceeds 50
percent of the cost of all its components. The cost of components includes
transportation costs to the place of incorporation into the end product. For
an end product with an estimated value
in excess of $25,000, the definition at
FAR 25.003 applies.
Subpart 1825.4—Trade
Agreements
1825.400
Scope of subpart.
(b) The Buy American Act applies to
all acquisitions of Japanese end products or services in excess of $3,000.
[65 FR 10031, Feb. 25, 2000, as amended at 67
FR 50824, Aug. 6, 2002; 71 FR 71073, Dec. 8,
2006]
Subpart 1825.9—Customs and
Duties
1825.901
Policy.
NASA has statutory authority to exempt certain articles from import duties, including articles that will be
launched into space, spare parts for
such articles, ground support equipment, and unique equipment used in
connection with an international program or launch service agreement.
This authority is fully described in 14
CFR part 1217.
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1825.1101
48 CFR Ch. 18 (10–1–21 Edition)
Subpart 1825.11—Solicitation
Provisions and Contract Clauses
1825.1101
Acquisition of supplies.
(c)(1) NASA has determined that the
restrictions of the Buy American Act
are not applicable to U.S.-made end
products.
(e) The contracting officer must add
paragraph (k) as set forth in 1852.225–8,
Duty-Free Entry of Space Articles, in
solicitations and contracts when the
supplies that will be accorded duty-free
entry are identifiable before award. Insert the supplies determined in accordance with FAR subpart 25.9 and
1825.903.
[65 FR 10031, Feb. 25, 2000, as amended at 68
FR 11748, Mar. 12, 2003]
1825.1103 Other
clauses.
1825.1103–70
provisions
and
Export control.
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(a) Background. (1) NASA contractors
and subcontractors are subject to U.S.
export control laws and regulations, including the International Traffic in
Arms Regulations (ITAR), 22 CFR parts
120 through 130, and the Export Administration Regulations (EAR), 15 CFR
parts 730 through 799. The contractor is
responsible for obtaining the appropriate licenses or other approvals from
the Department of State or the Department of Commerce when it exports
hardware, technical data, or software,
or provides technical assistance to a
foreign destination or ‘‘foreign person’’, as defined in 22 CFR 120.16, and
there are no applicable or available exemptions/exceptions to the ITAR/EAR,
respectively. A person who is lawfully
admitted for permanent residence in
the United States is not a ‘‘foreign person’’. (See 22 CFR 120.16 and 15 CFR
734.2(b)(2)(ii))
(2) The exemption at 22 CFR
125.4(b)(3) of the ITAR provides that a
contractor may export technical data
without a license if the contract between the agency and the exporter provides for the export of the data. The
clause at 1852.225–70, Alternate I, provides contractual authority for the exemption, but the exemption is available only after the contracting officer,
or designated representative, provides
written authorization or direction enabling its use. It is NASA policy that
the exemption at 22 CFR 125.4(b)(3)
may only be used when technical data
(including software) is exchanged with
a NASA foreign partner pursuant to
the terms of an international agreement in furtherance of an international collaborative effort. The contracting officer must obtain the approval of the Center Export Administrator before granting the contractor
the authority to use this exemption.
(b) Contract clause. Insert the clause
at 1852.225–70, Export Licenses, in all
solicitations and contracts, except in
contracts with foreign entities. Insert
the clause with its Alternate I when
the NASA project office indicates that
technical data (including software) is
to be exchanged by the contractor with
a NASA foreign partner pursuant to an
international agreement.
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SUBCHAPTER E—GENERAL CONTRACTING REQUIREMENTS
1827.404 Basic rights in data clause.
1827.404–4 Contractor’s release, publication,
and use of data.
1827.409 Solicitation provisions and contract clauses.
made in the performance of any work
under any NASA contract or in the performance of any work that is reimbursable under any clause in any NASA
contract providing for reimbursement
of costs incurred before the effective
date of the contract. Reportable items
include, but are not limited to, new
processes, machines, manufactures,
and compositions of matter, and improvements to, or new applications of,
existing processes, machines, manufactures, and compositions of matter. Reportable items also include new computer programs, and improvements to,
or new applications of, existing computer programs, whether or not copyrightable or otherwise protectable
under Title 17 of the United States
Code.
Subject invention, in lieu of the definition in FAR 27.301, means any reportable item that is or may be patentable
or otherwise protectable under Title 35
of the United States Code, or any novel
variety of plant that is or may be
protectable under the Plant Variety
Protection Act (7 U.S.C. 2321, et seq.).
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
1827.302
PART 1827—PATENTS, DATA, AND
COPYRIGHTS
Sec.
1827.000
Scope of part.
Subpart 1827.3—Patent Rights Under
Government Contracts
1827.301 Definitions.
1827.302 Policy.
1827.303 Solicitation provisions and contract clauses.
1827.304 Procedures.
1827.304–1 General.
1827.304–2 Contracts placed by or for other
Government agencies.
1827.304–3 Subcontracts.
1827.304–4 Appeals.
1827.305 Administration of the patent rights
clauses.
1827.305–3 Securing invention rights acquired by the Government.
Subpart 1827.4—Rights in Data and
Copyrights
SOURCE: 80 FR 12939, Mar. 12, 2015, unless
otherwise noted.
1827.000 Scope of part.
This part prescribes NASA policies,
procedures, and contract clauses pertaining to patents, data, and copyrights. The provisions of FAR Part 27
apply to NASA acquisitions unless specifically excepted in this part.
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Subpart 1827.3—Patent Rights
Under Government Contracts
1827.301 Definitions.
As used in this subpart—
Administrator means the Administrator of NASA or a duly authorized
representative.
Reportable item means any invention,
discovery, improvement, or innovation
of the contractor, whether or not patentable or otherwise protectable under
Title 35 of the United States Code,
Policy.
(a) Introduction. NASA policy with respect to any invention, discovery, improvement, or innovation made in the
performance of work under any NASA
contract or subcontract with other
than a small business firm or a nonprofit organization and the allocation
of related property rights is based upon
Section 20135 of the National Aeronautics and Space Act (51 U.S.C. 20135)
(the Act); and, to the extent consistent
with this statute, the Presidential
Memorandum on Government Patent
Policy to the Heads of Executive Departments and Agencies, dated February 18, 1983, and Section 1(b)(4) of Executive Order 12591. NASA contractors
subject to Section 20135 of the Act shall
ensure the prompt reporting of reportable items in order to protect the Government’s interest and to provide the
widest practicable and appropriate dissemination, early utilization, expeditious development, and continued
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1827.302
48 CFR Ch. 18 (10–1–21 Edition)
availability for the benefit of the scientific, industrial, and commercial
communities and the general public.
(b) Contractor right to elect title. (1)
For NASA contracts, the contractor
right to elect title under the FAR only
applies to contracts with small businesses and nonprofit organizations. For
other business entities, see paragraph
(b)(2)(v) of this section;
(2)(v) Under any NASA contract with
other than a small business or nonprofit organization (i.e., contracts subject to section 20135(b) of the Act), title
to subject inventions vests in NASA
when the determinations of section
20135(b)(1)(A) or (b)(1)(B) have been
made. The Administrator may grant
the contractor a waiver of title in accordance with 14 CFR part 1245.
(3) Contractor petitions for waiver of
title. The Administrator may waive all
or any part of the rights of the United
States with respect to any invention or
class of inventions made or which may
be made in the performance of NASA
contracts with other than a small business firm or a nonprofit organization if
the Administrator determines that the
interests of the United States will be
served. The procedures and instructions for contractors to submit petitions for waiver of rights in subject inventions are provided in the NASA
Patent Waiver Regulations, 14 CFR
part 1245, subpart 1, http://www.gpo.gov/
fdsys/pkg/CFR-2012-title14-vol5/pdf/CFR2012-title14-vol5-part1245.pdf.
Waiver
may be requested in advance of contract award for any subject invention
or class of subject inventions or during
contract performance for individually
identified subject inventions reported
under the contract. For individual
identified subject inventions, the petition shall identify each invention with
particularity (e.g., by NASA’s assigned
number to the Disclosure of Invention
and New Technology report or by title
and inventorship). For advance waivers, the petition shall identify the invention or class of inventions that the
Contractor believes will be made under
the contract and for which waiver is
being requested. To meet the statutory
standard of ‘‘any invention or class of
inventions,’’ the petition must be directed to a single invention or to inventions directed to a particular proc-
ess, machine, manufacture, or composition of matter, or to a narrowly-drawn,
focused area of technology. When a
waiver of title is granted, the contractor’s right to title, the rights reserved
by the Government, and other conditions and obligations of the waiver,
such as requirements for reporting and
filing patent applications on waived inventions, are provided in the NASA
Patent Waiver Regulations, 14 CFR
part 1245, subpart 1, and the Instrument of Waiver executed under those
Regulations.
(c) Government license. For each subject invention made in the performance
of work under a NASA contract with
other than a small business firm or
nonprofit organization and for which
waiver of title has been granted, the
Administrator shall reserve an irrevocable, nonexclusive, nontransferable,
royalty-free license for the practice of
such invention throughout the world
by or on behalf of the United States or
any foreign Government in accordance
with any treaty or agreement of the
United States.
(e) Utilization reports. For each subject invention made in the performance
of work under a NASA contract with
other than a small business firm or a
nonprofit organization and for which
waiver of title has been granted, the requirements for utilization reports shall
be as set forth in the NASA Patent
Waiver Regulations, 14 CFR part 1245,
subpart 1, and the Instrument of Waiver executed under those Regulations.
(f) March-in rights. For each subject
invention made in the performance of
work under a NASA contract with
other than a small business firm or a
nonprofit organization and for which
waiver of title has been granted,
march-in rights shall be as set forth in
the NASA Patent Waiver Regulations,
14 CFR part 1245, subpart 1, and the Instrument of Waiver executed under
those Regulations.
(g) Preference for United States industry. For each subject invention made in
the performance of work under a NASA
contract with other than a small business firm or a nonprofit organization
and for which waiver of title has been
granted, waiver of the requirement for
substantial manufacture in the United
States shall be in accordance with
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National Aeronautics and Space Administration
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Title 35 of the United States Code, section 204.
(i) Minimum rights to contractor. (1)
For NASA contracts with other than a
small business firm or a nonprofit organization, where title to any subject
inventions vests in NASA, the contractor is normally granted, in accordance with the NASA Patent Waiver
Regulations, 14 CFR 1245.108, a revocable, nonexclusive, royalty-free license in each patent application filed
in any country and in any resulting
patent. The license extends to any of
the contractor’s domestic subsidiaries
and affiliates within the corporate
structure, and includes the right to
grant sublicenses of the same scope to
the extent the contractor was legally
obligated to do so at the time the contract was awarded. The license and
right are transferable only with the approval of the Administrator, except
when transferred to the successor of
that part of the contractor’s business
to which the invention pertains.
(2) The procedures for revoking or
modifying the license to a contractor
that is other than a small business
firm or a nonprofit organization are described in 14 CFR 1245.108.
(k) Awards. It is the policy of NASA
to consider for a monetary award,
when referred to the NASA Inventions
and Contributions Board in accordance
with 14 CFR part 1240, subpart 1, any
subject invention reported to NASA in
accordance with this subpart, and for
which an application for patent has
been filed.
1827.303 Solicitation provisions and
contract clauses.
(a)(1) The contracting officer shall
insert the provision at 1852.227–84, Patent Rights Clauses, in solicitations for
experimental, developmental, or research work to be performed in the
United States when the eventual
awardee may be a small business or a
nonprofit organization.
(b)(1) When the clause at FAR 52.227–
11 is included in a solicitation or contract, it shall be modified as set forth
at 1852.227–11.
(i) To qualify for the clause at FAR
52.227–11, a prospective contractor shall
be required to represent itself as either
a small business firm or a nonprofit or-
1827.303
ganization. If the contracting officer
has reason to question the size or nonprofit status of the prospective contractor, the contracting officer will follow the procedures at FAR 27.304–1(a).
(iii) The contracting officer shall
complete paragraph (j) of the clause at
FAR 52.227–11 with the following: Communications and information submissions required by this clause will be
made to the individuals identified in
the clause at 1852.227–72, Designation of
New Technology Representative and
Patent Representative.
(iv) See also paragraph (d)(3) of this
section.
(6) Alternate IV to 52.227–11 is not
used in NASA contracts. See instead
1827.303(b)(1).
(7) The contracting officer shall consult with the center patent or intellectual property counsel regarding the use
of Alternate V in contracts for the performance of services at a NASA installation when a contractor is directed to
fulfill the Government’s obligations
under a Cooperative Research and Development Agreement (CRADA) authorized by 15 U.S.C. 3710a. Alternate V
may be included in, or added to, the
contract when it is contemplated that
a Contractor will be directed to fulfill
NASA’s obligations under a CRADA,
but should be added prior to the contractor performing work under the
CRADA.
(d)(1) The contracting officer shall
insert the clause at 1852.227–70, New
Technology—Other than a Small Business Firm or Nonprofit Organization,
in all NASA solicitations and contracts
with other than a small business firm
or a nonprofit organization (i.e., those
subject to section 21035(b) of the Act),
if the contract is to be performed in
the United States, and has as a purpose
the performance of experimental, developmental, research, design, or engineering work. Contracts for any of the
following purposes may be considered
to involve the performance of work of
the type described above (these examples are illustrative and not all inclusive):
(i) Conduct of basic or applied research.
(ii) Development, design, or manufacture for the first time of any machine,
article of manufacture, or composition
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1827.304
48 CFR Ch. 18 (10–1–21 Edition)
of matter to satisfy NASA’s specifications or special requirements.
(iii) Development of any process or
technique for attaining a NASA objective not readily attainable through the
practice of a previously developed process or technique.
(iv) Testing of, evaluation of, or experimentation with a machine, process,
concept, or technique to determine
whether it is suitable or could be made
suitable for a NASA objective.
(v) Construction work or architectengineer services having as a purpose
the performance of experimental, developmental, or research work or test
and evaluation studies involving such
work.
(vi) The operation of facilities or the
coordination and direction of the work
of others, if these activities involve
performing work of any of the types described in paragraphs (i) through (v) of
this section.
(2) The contracting officer shall insert the provision at 1852.227–71, Requests for Waiver of Rights to Inventions, in all solicitations that include
the clause at 1852.227–70, New Technology—Other than a Small Business
Firm or Nonprofit Organization (see
paragraph (d)(1) of this section).
(3) The contracting officer shall insert the clause at 1852.227–72, Designation of New Technology Representative
and Patent Representative, in all solicitations and contracts containing either of the clauses at FAR 52.227–11,
Patent Rights—Ownership by the Contractor, or 1852.227–70, New Technology—Other than a Small Business
Firm or Nonprofit Organization (see
paragraph (d)(1) of this section). It may
also be inserted, upon consultation
with the center patent or intellectual
property counsel, in solicitations and
contracts using another patent rights
clause. The center New Technology and
Patent Representatives are identified
at
http://prod.nais.nasa.gov/portals/pl/
newltechlpocs.html.
(e)(1) When work is to be performed
outside the United States by contractors that are not domestic firms, the
clause at 1852.227–85, Invention Reporting and Rights—Foreign, shall be used
unless the contracting officer determines, with concurrence of the center
patent or intellectual property counsel,
that the objectives of the contract
would be better served by use of the
clause at FAR 52.227–13, Patent
Rights—Ownership by the Government.
For this purpose, the contracting officer may presume that a contractor is
not a domestic firm unless it is known
that the firm is not foreign owned, controlled, or influenced. (See FAR 27.304–
3 regarding subcontracts with U.S.
firms.)
(2) When one of the conditions in
FAR 27.303(e)(1)(i) through (iv) is met,
the contracting officer shall consult
with the center patent or intellectual
property counsel to determine the appropriate clause.
1827.304
Procedures.
1827.304–1
General.
(b)(1) Exceptions. In any contract with
other than a small business firm or
nonprofit organization, the NASA Patent Waiver Regulations, 14 CFR part
1245, subpart 1, shall apply.
(c) Greater rights determinations. In
any contract with other than a small
business firm or a nonprofit organization and with respect to which advance
waiver of rights has not been granted
(see 1827.302(b)(3)), the contractor (or
an employee-inventor of the contractor
after consultation with the contractor)
may request waiver of title to an individual identified subject invention pursuant to the NASA Patent Waiver Regulations, 14 CFR part 1245, subpart 1.
(d) Retention of rights by inventor. The
NASA Patent Waiver Regulations, 14
CFR part 1245, subpart 1, apply for any
invention made in the performance of
work under any contract with other
than a small business firm or a nonprofit organization.
(f) Revocation or modification of contractor’s minimum rights. For contracts
with other than a small business firm
or a nonprofit organization, revocation
or modification of the contractor’s license rights in subject inventions made
and reported under the contract shall
be in accordance with 14 CFR 1245.108
(see 1827.302(i)(2)).
(g) Exercise of march-in rights. For
contracts with other than a small business firm or a nonprofit organization,
the procedures for the exercise of
march-in rights shall be as set forth in
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National Aeronautics and Space Administration
the NASA Patent Waiver Regulations,
14 CFR part 1245, subpart 1.
(h) Licenses and assignments under
contracts with nonprofit organizations.
The Headquarters Agency Counsel for
Intellectual Property (ACIP) is the approval authority for assignments. Contractor requests should be made to the
Patent Representative designated in
the clause at 1852.227–72 and forwarded,
with recommendation of the Patent
Representative, to the ACIP for approval.
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1827.304–2 Contracts placed by or for
other Government agencies.
(a)(3)(i) This subsection applies only
to contracts placed by or for other
agencies and not to task or delivery orders placed by or for other agencies
against NASA Government-wide Acquisition Contracts (GWACs) or Multiple
Agency Contracts (MACs).
(ii) When a contract is placed for another agency with a small business or
nonprofit organization and the agency
does not request the use of a specific
patent rights clause, the contracting
officer shall use the clause at FAR
52.227–11, Patent Rights—Ownership by
the Contractor as modified by 1852.227–
11 (see 1827.303(b)(1)).
(iii) When a contract is placed for another agency with other than a small
business or nonprofit organization, the
contracting officer, in accordance with
Section 20135 of the Act, shall use the
clause at 1852.227–70, New Technology—
Other than a Small Business Firm or
Nonprofit
Organization
(see
1827.303(d)(1).
(iv) When work is to be performed
outside the United States by contractors that are not domestic firms, the
contracting officer shall use one of the
clause described in 1827.303(e)(1).
1827.304–3 Subcontracts.
(a) Unless otherwise authorized or directed by the contracting officer, contractors awarding subcontracts at any
tier shall select and include in the subcontracts one of the clauses identified
in subparagraphs (a)(1) or (2) of this
section. At all tiers, the applicable
clause identified below shall be modified to identify the parties as follows:
references to the Government are not
changed, and in all references to the
1827.404–4
Contractor the subcontractor is substituted for the Contractor so that the
subcontractor has all rights and obligations of the Contractor in the clause.
(1) The clause at 1852.227–70, New
Technology—Other than a Small Business Firm or Nonprofit Organization,
shall be used in any subcontract with
other than a small business firm or a
nonprofit organization if a purpose of
the subcontract is the performance of
experimental, developmental, research,
design, or engineering work of any of
the types described in 1827.303(d)(1).
(2) The clause at FAR 52.227–11, Patent Rights—Ownership by the Contractor, modified by 1852.227–11 (see
1827.303(b)(1)), shall be used in any subcontract with a small business firm or
a nonprofit organization if a purpose of
the subcontract is the performance of
experimental, developmental, or research work.
1827.304–4
Appeals.
FAR 27.304–4 shall apply unless otherwise provided in the NASA Patent
Waiver Regulations, 14 CFR part 1245,
subpart 1.
1827.305 Administration of the patent
rights clauses.
1827.305–3 Securing invention rights
acquired by the Government.
When the Government acquires the
entire right to, title to, and interest in
an invention under the clause at
1852.227–70, New Technology—Other
than a Small Business Firm or Nonprofit Organization, a determination of
title is to be made in accordance with
section 20135(b) of the Act (51 U.S.C.
20135(b)), and reflected in appropriate
instruments executed by NASA Administrator and forwarded to the contractor by the contracting officer.
Subpart 1827.4—Rights in Data
and Copyrights
1827.404
Basic rights in data clause.
1827.404–4 Contractor’s release, publication, and use of data.
(b)(1) NASA’s intent is to ensure the
most expeditious dissemination of
computer software developed by it or
its contractor. Accordingly, when the
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1827.404–4
48 CFR Ch. 18 (10–1–21 Edition)
clause at FAR 52.227–14, Rights in
Data—General, is modified by 1852.227–
14 (see 1827.409(b)(1)), the contractor
shall not assert claim to copyright,
publish, or release to others computer
software first produced in the performance of a contract without the contracting officer’s prior written permission. The prohibition on ‘‘release to
others’’ does not prohibit release to another Federal Agency for its use or its
contractors’ use, as long as any such
release is consistent with any restrictive markings on the software. Any restrictive markings on the software
shall take precedence over the aforementioned release. Any such release to
a Federal Agency in accordance with
this paragraph shall limit use to the
Federal Agency or its contractors for
Government purposes only.
(2) The contracting officer may, in
consultation with the center patent or
intellectual property counsel, grant
the contractor permission to assert
claim to copyright, publish, or release
to others computer software first produced in the performance of a contract
if:
(i) The contractor has identified an
existing commercial computer software product line or proposes a new
one and states a positive intention of
incorporating identified computer software first produced under the contract
into that line, either directly itself or
through a licensee;
(ii) The contractor has identified an
existing open source software project
or proposes a new one and states a
positive intention of incorporating
identified computer software first produced under the contract into that
project, or has been instructed by the
Agency to incorporate software first
produced under the contract into an
open source software project or otherwise release the software as open
source software;
(iii) The contractor has made, or will
be required to make, substantial contributions to the development of the
computer software by co-funding or by
cost-sharing, or by contributing resources (including but not limited to
agreement to provide continuing maintenance and update of the software at
no cost for Governmental use); or
(iv) The concurrence of the Agency
Counsel for Intellectual Property, or
designee, is obtained.
(c)(1) The contractor’s request for
permission in accordance with 1827.404–
4(b) may be made either before contract award or during contract performance.
(2)(i) If the basis for permitting the
assertion under 1827.404–4(b)(2) is subsection (i), then the permission shall be
granted by a contract modification prepared by the contracting officer in consultation with the Center patent or intellectual property counsel that contains appropriate assurances that the
computer software will be incorporated
into an existing or proposed new commercial computer software product
line within a specified reasonable time,
with contingencies enabling the Government to obtain the right to distribute the software for commercial
use, including the right to obtain assignment of copyright where applicable, in order to prevent the computer
software from being suppressed or
abandoned by the contractor.
(ii) If the basis for permitting the assertion under 1827.404–4(b)(2) is paragraph (b)(2)(ii), then the permission
shall be granted by a contract modification prepared by the contracting officer in consultation with the Center
patent or intellectual property counsel
that contains appropriate assurances
that the computer software will be incorporated into an existing or proposed
new open source project within a specified reasonable time, with contingencies enabling the Government to
obtain the right to distribute the software for open source development, including the right to obtain assignment
of copyright where applicable, in order
to prevent the computer software from
being suppressed or abandoned by the
contractor.
(iii) If the basis for permitting the assertion under 1827.404–4(b)(2) is paragraph (b)(2)(iii), then the permission
shall be granted by a contract modification that contains appropriate assurances that the agreed contributions
to the Government are fulfilled, with
contingencies enabling the Government to obtain assignment of copyright if such contributions do not occur
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National Aeronautics and Space Administration
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in order to prevent the computer software from being suppressed or abandoned by the contractor.
(iv) If the basis for permitting the assertion under 1827.404–4(b)(2) is paragraph (b)(2)(iv), then the permission
shall be granted by a contract modification prepared by the contracting officer in consultation with the Center
patent or intellectual property counsel
that contains appropriate assurances
as required by the Agency Counsel for
Intellectual Property, or designee, including at the very least the right to
obtain assignment of copyright in
order to prevent the computer software
from being suppressed or abandoned by
the contractor.
(3) When any permission to copyright
is granted, any copyright license retained by the Government shall be of
the same scope as set forth in subparagraph (c)(1) of the clause at FAR 52.227–
14 and without any obligation of confidentiality on the part of the Government unless, in accordance with
1827.404–4(b)(2)(iii), the contributions of
the Contractor are considered ‘‘substantial’’ for the purposes of FAR 27.408
(i.e., approximately 50 percent), in
which case rights consistent with FAR
27.408 may be negotiated for the computer software in question.
(d) If the contractor has not been
granted permission to assert claim to
copyright, paragraph (d)(4)(ii) of the
clause at FAR 52.227–14, Rights in
Data—General (as modified by 1852.227–
14) enables NASA to direct the contractor to assert claim to copyright in
computer software first produced under
the contract and to assign, or obtain
the assignment of, such copyright to
the Government or its designated assignee. The contracting officer may, in
consultation with the center patent or
intellectual property counsel, so direct
the contractor in situations where
copyright protection is considered necessary in furtherance of Agency mission objectives, needed to support specific Agency programs, or necessary to
meet statutory requirements.
1827.409 Solicitation provisions and
contract clauses.
(b)(1) When the clause at FAR 52.227–
14, Rights in Data—General, is included
in a solicitation or contract, it shall be
1827.409
modified as set forth at 1852.227–14. In
contracts for basic or applied research
to be performed solely by universities
and colleges, the contracting officer
shall consult with the center patent or
intellectual property counsel regarding
the addition of subparagraph (4) as set
forth at 1852.227–14 to paragraph (d) of
the clause at FAR 52.227–14 and they
will consider the guidance provided at
FAR 27.404–4.
(2) The contracting officer, with the
concurrence of the center patent or intellectual property counsel, is the approval authority for use of Alternate I
of the clause at FAR 52.227–14. An example of its use is where the principal
purpose of the contract (such as a contract for basic or applied research) does
not involve the development, use, or
delivery of items, components, or processes that are intended to be acquired
for use by or for the Government (either under the contract in question or
under any anticipated follow-on contracts relating to the same subject
matter).
(3) The contracting officer shall review the disclosure purposes listed in
FAR 27.404–2(c)(1)(i) through (v) and, in
consultation with the center patent or
intellectual property counsel, determine which disclosure purposes apply
based on the nature of the acquisition,
and add them to paragraph (g)(3) of Alternate II of the clause at FAR 52.227–
14, Rights in Data—General. If none
apply, the CO shall insert ‘‘none’’. Additions to those specific purposes listed
may be made only with the approval of
the procurement officer and concurrence of the center patent or intellectual property counsel.
(4) The contracting officer shall consult with the center patent or intellectual property counsel regarding the acquisition of restricted computer software with greater or lesser rights than
those set forth in Alternate III of the
clause at FAR 52.227–14, Rights in
Data—General. Where it is impractical
to actually modify the notice of Alternate III, such greater or lesser rights
may be indicated by express reference
in a separate clause in the contract or
by a collateral agreement that addresses the change in the restricted rights.
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Pt. 1828
48 CFR Ch. 18 (10–1–21 Edition)
(5) The contracting officer, with the
concurrence of the center patent or intellectual property counsel, is the approval authority for the use of Alternate IV in any contract other than a
contract for basic or applied research
to be performed solely by a college or
university (but not for the management or operation of Government facilities). See the guidance at FAR
27.404–3(a)(3).
(d) The clause at 52.227–16, Additional
Data Requirements, shall be used in all
solicitations and contracts involving
experimental, developmental, research,
or demonstration work (other than
basic or applied research to be performed under a contract solely by a
university or college when the contract
amount will be $500,000 or less), unless
after consultation between the Contracting Officer and the center patent
or intellectual property counsel a determination is made otherwise.
(g) The contracting officer shall use
the clause at 1852.227–86, Commercial
Computer Software License, in lieu of
FAR 52.227–19, Commercial Computer
Software License, when it is considered
appropriate for the acquisition of existing computer software.
(h) Normally the clause at 52.227–20,
Rights in Data—SBIR Program, is the
only data rights clause used in SBIR
contracts. However, if during the performance of an SBIR contract (Phase I,
Phase II, or Phase III) the need arises
for NASA to obtain delivery of limited
rights data or restricted computer software as defined in the clause at FAR
52.227–20, and the contractor agrees to
such delivery, the limited rights data
or restricted computer software may be
acquired by modification of the contract (for example, by adding the
clause at FAR 52.227–14 with any appropriate Alternates and making it applicable only to the limited rights data or
restricted computer software to be delivered), using the rights and related
restrictions as set forth in FAR 27.404–
2 as a guide.
(i) [Reserved]
(k)(i) The contracting officer shall
add paragraph (e) as set forth in
1852.227–19(a) to the clause at FAR
52.227–19, Commercial Computer Software License, when it is contemplated
that updates, correction notices, con-
sultation information, and other similar items of information relating to
commercial computer software delivered under a purchase order or contract
are available and their receipt can be
facilitated by signing a vendor supplied
agreement, registration forms, or cards
and returning them directly to the vendor.
(ii) The contracting officer shall add
paragraph (f) as set forth at 1852.227–
19(b) to the clause at FAR 52.227–19,
Commercial Computer Software License, when portions of a contractor’s
standard commercial license or lease
agreement consistent with the clause,
Federal laws, standard industry practices, and the FAR are to be incorporated into the purchase order or contract.
(m)(1) The contracting officer, shall
consult with the center patent or intellectual property counsel and the installation software release authority to determine when to use the clause at
1852.227–88, Government-furnished computer software and related technical
data.
(2) The clause may be included in, or
added to, the contract when it is contemplated that computer software and
related technical data will be provided
to the contractor as Government-furnished information for use in performing the contract.
[80 FR 12939, Mar. 12, 2015, as amended at 80
FR 61994, Oct. 15, 2015; 83 FR 29040, June 22,
2018]
PART 1828—BONDS AND
INSURANCE
Subpart 1828.3—Insurance
Sec.
1828.311 Solicitation provision and contract
clause on liability insurance under costreimbursement contracts.
1828.311–1 Contract clause.
1828.311–2 Agency solicitation provisions
and contract clauses.
1828.311–270 NASA solicitation provisions
and contract clauses.
1828.370 Fixed-price contract clauses.
1828.371 Clauses incorporating cross-waivers
of liability for International Space Station activities and Science or Space Exploration activities unrelated to the
International Space Station.
1828.372 Clause for minimum insurance coverage.
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National Aeronautics and Space Administration
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 61 FR 55765, Oct. 29, 1996, unless
otherwise noted.
Subpart 1828.3—Insurance
1828.311 Solicitation provision and
contract clause on liability insurance
under
cost-reimbursement
contracts.
1828.311–1
Contract clause.
The contracting officer shall insert
the clause at FAR 52.228–7, Insurance—
Liability to Third Persons, in solicitations and contracts, other than those
for construction contracts and those
for architect-engineer services, when a
cost-reimbursement contract is contemplated unless—
(a) Waived by the procurement officer; or
(b) The successful offeror represents
in its offer that it is totally immune
from tort liability as a State agency or
as a charitable institution.
[65 FR 54440, Sept. 8, 2000, as amended at 80
FR 12944, Mar. 12, 2015]
1828.311–2 Agency solicitation provisions and contract clauses.
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1828.311–270 NASA solicitation provisions and contract clauses.
(a) The contracting officer must insert the clause at 1852.228–71, Aircraft
Flight Risks, in all cost-reimbursement contracts for the development,
production,
modification,
maintenance, or overhaul of aircraft, or otherwise involving the furnishing of aircraft to the contractor, except when
the aircraft are covered by a separate
bailment.
(b) The contracting officer must insert the provision at 1852.228–80, Insurance—Immunity from Tort Liability,
in solicitations for research and development when a cost-reimbursement
contract is contemplated.
(c) The contracting officer must insert FAR clause 52.228–7 and the associated clause at 1852.228–81, Insurance—
Partial Immunity From Tort Liability,
when the successful offeror represents
in its offer that the offeror is partially
immune from tort liability as a State
agency or as a charitable institution.
1828.370
(d) The contracting officer must insert the clause at 1852.228–82, Insurance—Total Immunity From Tort Liability, when the successful offeror represents in its offer that the offeror is
totally immune from tort liability as a
State agency or as a charitable institution.
[65 FR 54440, Sept. 8, 2000]
1828.370
Fixed-price contract clauses.
(a) The contracting officer shall insert the clause at 1852.228–70, Aircraft
Ground and Flight Risk, in all negotiated fixed-price contracts for the development, production, modification,
maintenance, or overhaul of aircraft,
or otherwise involving the furnishing
of aircraft to the contractor, except as
provided in paragraph (b) of this section, unless the aircraft are covered by
a separate bailment. See the clause
preface for directions for modifying the
clause to accommodate various circumstances.
(b) The Government need not assume
the risk of aircraft damage, loss, or destruction as provided by the clause at
1852.228–70 if the best estimate of premium costs that would be included in
the contract price for insurance coverage for such damage, loss, or destruction at any plant or facility is less
than $500. If it is determined not to assume this risk, the clause at 1852.228–70
shall not be made a part of the contract, and the cost of necessary insurance to be obtained by the contractor
to cover this risk shall be considered in
establishing the contract price. In such
cases, however, if performance of the
contract is expected to involve the
flight of Government-furnished aircraft, the substance of the clause at
1852.228–71, Aircraft Flight Risks, suitably adapted for use in a fixed-price
contract, shall be used.
(c) When the clause at 1852.228–70 is
used, the term ‘‘Contractor’s premises’’
shall be expressly defined in the contract Schedule and shall be limited to
places where aircraft may be located
during the performance of the contract. Contractor’s premises may include, but are not limited to, those
owned or leased by the contractor or
those for which the contractor has a
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1828.371
48 CFR Ch. 18 (10–1–21 Edition)
permit, license, or other right of use either exclusively or jointly with others,
including Government airfields.
1828.371 Clauses incorporating crosswaivers of liability for International Space Station activities
and Science or Space Exploration
activities unrelated to the International Space Station.
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(a) In contracts covering International Space Station activities, or
Science or Space Exploration activities
unrelated to the International Space
Station that involve a launch, NASA
shall require the contractor to agree to
waive all claims against any entity or
person defined in the clause based on
damage arising out of Protected Space
Operations. This cross-waiver shall
apply only if the person, entity, or
property causing the damage is involved in Protected Space Operations
and the person, entity, or property
damaged is damaged by virtue of its involvement in Protected Space Operations. The cross-waivers will require
the contractor to extend the crosswaiver provisions to their subcontractors at any tier and related entities ensuring those subcontractors and related entities also waive all claims
against any entity or person defined in
the clause for damages arising out of
Protected Space Operations. The purpose of the clauses prescribed in this
section is to extend the cross-waivers
under other agreements to NASA contractors that perform work in support
of NASA’s obligations under these
agreements.
(b) The contracting officer shall insert the clause at 1852.228–78, CrossWaiver of Liability for Science or
Space Exploration Activities unrelated
to the International Space Station, in
solicitations and contracts above the
simplified acquisition threshold for the
acquisition of launches for science or
space exploration activities unrelated
to the International Space Station or
for acquisitions for science or space exploration activities that are not related to the International Space Station but involve a launch. If a science
or space exploration activity is in support of the International Space Station, the contracting officer shall insert the clause prescribed by paragraph
(c) of this section and designate its application to that particular launch.
(c) The contracting officer shall insert the clause at 1852.228–76, CrossWaiver of Liability for International
Space Station Activities, in solicitations and contracts above the simplified acquisition threshold when the
work to be performed involves Protected Space Operations, as that term
is defined in the clause, relating to the
International Space Station.
(d) At the contracting officer’s discretion, the clauses prescribed by paragraphs (b) and (c) of this section may
be used in solicitations, contracts, new
work modifications, or extensions to
existing contracts under the simplified
acquisition threshold involving science
or space exploration activities unrelated to the International Space Station, or International Space Station
activities, respectively, in appropriate
circumstances. Examples of such circumstances are when the value of contractor property on a Government installation used in performance of the
contract is significant, or when it is
likely that the contractor or subcontractor will have its valuable property
exposed to risk or damage caused by
other participants in the science or
space exploration activities unrelated
to the International Space Station, or
International Space Station activities.
[77 FR 59341, Sept. 27, 2012]
1828.372 Clause for minimum insurance coverage.
In accordance with FAR 28.306(b) and
28.307, the contracting officer may insert a clause substantially as stated at
1852.228–75, Minimum Insurance Coverage, in fixed-price solicitations and
in cost-reimbursement contracts. The
contracting officer may modify the
clause to require additional coverage,
such as vessel liability, and higher limits if appropriate for a particular acquisition.
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National Aeronautics and Space Administration
PART 1830—COST ACCOUNTING
STANDARDS ADMINISTRATION
Subpart 1830.70—Facilities Capital Employed for Facilities in Use and For Facilities Under Construction
Sec.
1830.7001 Facilities capital employed for facilities in use.
1830.7001–1—1830.7001–3 [Reserved]
1830.7001–4 Postaward FCCOM applications.
1830.7002 Facilities capital employed for facilities under construction.
1830.7002–1 Definitions.
1830.7002–2 Cost of money calculations.
1830.7002–3 Representative investment calculations.
1830.7002–4 Determining imputed cost of
money.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 61 FR 55767, Oct. 29, 1996, unless
otherwise noted.
Subpart 1830.70—Facilities Capital
Employed for Facilities in Use
and For Facilities Under Construction
1830.7001 Facilities capital employed
for facilities in use.
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1830.7001–1—1830.7001–3
[Reserved]
1830.7001–4 Postaward FCCOM applications.
(a) Interim billings based on costs incurred. (1) The contractor may include
FCCOM in cost reimbursement and
progress payment invoices. To determine the amount that qualifies as cost
incurred, multiply the incurred portions of the overhead pool allocation
bases by the latest available cost of
money factors. These FCCOM calculations are interim estimates subject to
adjustment.
(2) As actual cost of money factors
are finalized, use the new factors to
calculate FCCOM for the next accounting period.
(b) Final settlements. (1) Contract
FCCOM for final cost determination or
repricing is based on each year’s final
cost of money factors determined
under CAS 414 and supported by separate Forms CASB-CMF.
(2) Separately compute contract
FCCOM in a manner similar to yearly
1830.7002–3
final overhead rates. As in overhead
rates, include in the final settlement
an adjustment from interim to final
contract FCCOM. Do not adjust the
contract estimated or target cost.
1830.7002 Facilities capital employed
for facilities under construction.
1830.7002–1
Definitions.
(a) Cost of money rate is either—
(1) The interest rate determined by
the Secretary of the Treasury under
Public Law 92–41 (85 Stat. 97); or
(2) The time-weighted average of
such rates for each cost accounting period during which the capital asset is
being constructed, fabricated, or developed.
(b) Representative investment is the
calculated amount considered invested
by the contractor during the cost accounting period to construct, fabricate,
or develop the capital asset.
1830.7002–2
tions.
Cost
of
money
(a) The interest rate referenced in
1830.7002–1(a)(1) is established semi-annually and published in the FEDERAL
REGISTER during the fourth week of December and June.
(b) To calculate the time-weighted
average interest rate referenced in
1830.7002–1(a)(2), multiply the rates in
effect during the months of construction by the number of months each
rate was in effect, and then divide the
sum of the products by the total number of months.
1830.7002–3 Representative
ment calculations.
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(a) The calculation of the representative investment requires consideration
of the rate or expenditure pattern of
the costs to construct, fabricate, or develop a capital asset.
(b) If the majority of the costs were
incurred toward the beginning, middle,
or end of the cost accounting period,
the contractor shall either:
(1) Determine a representative investment for the cost accounting period by calculating the average of the
month-end balances for that cost accounting period; or
(2) Treat month-end balances as individual representative investments.
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1830.7002–4
48 CFR Ch. 18 (10–1–21 Edition)
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(c) If the costs were incurred in a
fairly uniform expenditure pattern
throughout the construction, fabrication, or development period, the contractor may either:
(1) Determine a representative investment for the cost accounting period by averaging the beginning and
ending balances of the construction,
fabrication, or development cost account for the cost accounting period;
or
(2) Treat month-end balances as individual representative investments.
(d) The method chosen by the contractor to determine the representative
investment amount may be different
for each capital asset being constructed, fabricated, or developed, provided the method fits the expenditure
pattern of the costs incurred.
1830.7002–4 Determining imputed cost
of money.
(a) Determine the imputed cost of
money for an asset under construction,
fabrication, or development by applying a cost of money rate (see 1830.7002–
2) to the representative investment
(see 1830.7002–3).
(1) When a representative investment
is determined for a cost accounting period in accordance with 1830.7002–3(b)(1)
or 1830.7002–3(c)(1), the cost of money
rate shall be the time-weighted average rate.
(2) When a monthly representative
investment is used in accordance with
1830.7002–3(b)(2) or 1830.7002–3(c)(2), the
cost of money rate shall be that in effect each month. Under this method,
the FCCOM is determined monthly,
and the total for the cost accounting
period is the sum of the monthly calculations.
(b) The imputed cost of money will be
capitalized only once in any cost accounting period, either at the end of
the accounting period or the end of the
construction, fabrication, or development period, whichever comes first.
(c) When the construction, fabrication, or development of an asset takes
more than one accounting period, the
cost of money capitalized for the first
accounting period will be included in
determining the representative investment for any future cost accounting
periods.
PART 1831—CONTRACT COST
PRINCIPLES AND PROCEDURES
Subpart 1831.2—Contracts With
Commercial Organizations
Sec.
1831.205 Selected costs.
1831.205–70 Contract clause.
1831.205–671 Solicitation provision.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 61 FR 55768, Oct. 29, 1996, unless
otherwise noted.
Subpart 1831.2—Contracts with
Commercial Organizations
1831.205
Selected costs.
1831.205–70 Contract clause.
The contracting officer must insert
the clause at 1852.231–70, Precontract
Costs, in contracts for which specific
coverage of precontract costs is authorized.
[61 FR 55768, Oct. 29, 1996, as amended at 65
FR 46628, July 31, 2000; 69 FR 35271, June 24,
2004]
EDITORIAL NOTE: At 85 FR 52927, Aug. 27,
2020, 1831.205–70 was amended; however, the
amendment could not be incorporated due to
inaccurate amendatory instruction.
1831.205–671 Solicitation provision.
The contracting officer must insert a
provision substantially the same as the
provision at 1852.231–71, Determination
of Compensation, in solicitations for
services which contemplate the award
of a cost reimbursement or non-competitive fixed-price type service contract having a total potential value expected to exceed the threshold for requiring certified cost and pricing data
as set forth in FAR 15.403–4.
[62 FR 4467, Jan. 30, 1997, as amended at 65
FR 46628, July 31, 2000; 80 FR 12944, Mar. 12,
2015]
PART 1832—CONTRACT
FINANCING
Subpart 1832.1—Non-Commercial Item
Purchase Financing
Sec.
1832.111 Contract clauses for non-commercial purchases.
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National Aeronautics and Space Administration
1832.111–70
NASA contract clause.
Subpart 1832.2—Commercial Item
Purchase Financing
1832.202–1 Policy.
1832.206 Solicitation
tract clauses.
provisions
and
con-
1832.412–70
On-Site Preparatory Costs, in solicitations and contracts for construction on
a fixed-price basis when progress payments are contemplated and pro rata
payment of on-site preparatory costs
to the contractor is appropriate.
Subpart 1832.2—Commercial Item
Purchase Financing
Subpart 1832.4—Advance Payments For
Non-Commercial Items
1832.412 Contract clause.
1832.412–70 NASA Contract clauses.
1832.202–1 Policy. (NASA supplements
paragraph (b))
Subpart 1832.5—Progress Payments Based
on Costs
(b)(6) Advance payment limitations
do not apply to expendable launch vehicle (ELV) service contracts.
1832.501 General.
1832.501–1 Customary
progress
payment
rates.
1832.502–4 Contract clauses.
1832.502–470 NASA contract clause.
Subpart 1832.7—Contract Funding
1832.705 Contract clauses.
1832.705–2 Clauses for limitation of cost or
funds.
1832.705–270 NASA clauses for limitation of
cost or funds.
Subpart 1832.9—Prompt Payment
1832.908 Contract clauses.
1832.908–70 Submission of vouchers/invoices.
Contract clauses.
Title.
provision
and
(g)(2) The installment payment rate
shall be that which is common in the
commercial marketplace for the purchased item. If there is no commonly
used rate, the contracting officer shall
determine the appropriate rate. In no
case shall the rate exceed that established in the clause at FAR 52.232–30.
1832.412 Contract clause. (NASA supplement paragraphs (e) and (f))
Subpart 1832.11—Electronic Funds Transfer
1832.1110 Solicitation
tract clauses.
1832.206 Solicitation provisions and
contract clauses. (NASA supplements paragraph (g))
Subpart 1832.4—Advance Payments for Non-Commercial
Items
Subpart 1832.10—Performance-Based
Payments
1832.1005
1832.1009
[61 FR 55768, Oct. 29, 1996, as amended at 69
FR 35271, June 24, 2004]
con-
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 61 FR 55768, Oct. 29, 1996, unless
otherwise noted.
Subpart 1832.1—Non-Commercial
Item Purchase Financing
(e) The contracting officer shall use
Alternates IV and V when advance payments are provided on Phase I contracts of the Small Business Innovation Research (SBIR) or Small Business Technology Transfer (STTR) programs.
(f) See 1832.412(e).
[63 FR 14040, Mar. 24, 1998]
1832.412–70
1832.111 Contract clauses for non-commercial purchases.
1832.111–70
NASA contract clause.
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The contracting officer shall insert
the clause at 1852.232–79, Payment for
NASA Contract clauses.
When the clause at FAR 52.232–12 or
its Alternates II or V are used, insert
the clause at 1852.232–70, NASA Modification of FAR 52.232–12.
[63 FR 14040, Mar. 24, 1998]
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1832.501
48 CFR Ch. 18 (10–1–21 Edition)
cient to pay fee anticipated to be
earned for the work funded by the
amount in paragraph (a) of the clause.
Subpart 1832.5—Progress
Payments Based on Costs
1832.501
General.
1832.501–1 Customary progress payment rates. (NASA supplements
paragraph (a))
(a) The customary progress payment
rate for all NASA contracts is 85 percent for large business, 90 percent for
small business, 95 percent for small disadvantaged business, and 100 percent
for Phase II contracts in the Small
Business Innovation Research (SBIR)
and Small Business Technology Transfer (STTR) programs. The contracting
officer shall insert the applicable percentage in paragraphs (a) and (b) of the
clause at FAR 52.232–16.
1832.502–4
[61 FR 55768, Oct. 29, 1996, as amended at 80
FR 12944, Mar. 12, 2015]
Subpart 1832.9—Prompt Payment
SOURCE: 81 FR 63145, Sept. 14, 2016, unless
otherwise noted.
1832.908
[81 FR 63145, Sept. 14, 2016, as amended at 81
FR 71638, Oct. 18, 2016]
Contract clauses.
1832.502–470 NASA contract clause.
The contracting officer may insert a
clause substantially as stated at
1852.232–82, Submission of Requests for
Progress Payments, in fixed-price solicitations and contracts that provide
for progress payments. The recipient of
the requests and number of copies may
be changed as required.
1832.908–70 Submission
invoices.
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1832.705–270 NASA clauses for limitation of cost or funds.
(a) The contracting officer shall insert the clause at 1852.232–77, Limitation of Funds (Fixed-Price Contract),
in solicitations and contracts for fixedprice, incrementally-funded contracts
or task orders.
(b) The contracting officer shall insert a clause substantially as stated at
1852.232–81, Contract Funding, in Section B of solicitations and contracts
containing the clause at FAR 52.232–22,
Limitation of Funds. Insert the
amounts of funds available for payment, the items covered, and the applicable period of performance. The
amount obligated for fee in paragraph
(b) of the clause should always be suffi-
[83 FR 13115, Mar. 27, 2018]
Subpart 1832.10—PerformanceBased Payments
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(a) If the contract is for launch services, the contracting officer shall delete paragraph (f) of the clause at FAR
52.232–32 in accordance with 1832.1009.
[61 FR 55768, Oct. 29, 1996, as amended at 65
FR 31103, May 16, 2000; 69 FR 35271, June 24,
2004]
1832.1009
Title.
In accordance with 42 U.S.C. 2465d,
NASA shall not take title to launch vehicles under contracts for launch services unless one of the exceptions in the
law applies. However, the law does not
eliminate NASA’s right to take title to
other property acquired or produced by
the contractor under a contract containing a title provision.
226
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vouchers/
1832.1005 Contract
clauses.
supplements paragraph (a))
Contract clauses.
1832.705–2 Clauses for limitation of
cost or funds.
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of
Insert clause 1852.232–80, Submission
of Vouchers/Invoices for Payment, in
all solicitations and contracts.
Subpart 1832.7—Contract Funding
1832.705
Contract clauses.
(c)(2) When the clause at FAR 52.232–
25, Prompt Payment, is used in such
contracts with the Canadian Commercial Corporation (CCC), insert ‘‘17th’’ in
lieu of ‘‘30th’’ in paragraphs (a)(1)(i)(A)
and (B) and (a)(1)(ii).
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National Aeronautics and Space Administration
Subpart 1832.11—Electronic Funds
Transfer
1832.1110 Solicitation provision and
contract clauses. (NASA supplements paragraphs (a), (b), and (c)).
(a) [Reserved]
(b) In accordance with FAR 32.1106(b),
the use of a nondomestic EFT mechanism is authorized. When a nondomestic EFT mechanism is used, the
contracting officer shall replace the
paragraph at FAR 52.232–34(c) with a
description of the EFT mechanism that
will be used for the contract.
[64 FR 18373, Apr. 14, 1999, as amended at 69
FR 35271, June 24, 2004; 80 FR 12944, Mar. 12,
2015]
PART 1833—PROTESTS, DISPUTES,
AND APPEALS
Subpart 1833.1—Protests
Sec.
1833.103 Protests to the agency.
1833.106–70 Solicitation provision.
1833.215
sistant Administrator for Procurement
(or designee) when the request specifies
a level above the CO, even if the request does not specifically request an
independent review by the Assistant
Administrator for Procurement. Such
reviews are separate and distinct from
the Ombudsman Program described at
1815.7001.
(e) NASA shall summarily dismiss
and take no further action upon any
protest to the Agency if the substance
of the protest is pending in judicial
proceedings or the protester has filed a
protest on the same acquisition with
the GAO prior to receipt of an Agency
protest decision.
(4) When a bidder or offeror submits
an Agency protest to the CO or alternatively requests an independent review by the Assistant Administrator
for Procurement, the decision of the
CO or the Assistant Administrator for
Procurement shall be final and is not
subject to any appeal or reconsideration within NASA.
[80 FR 36721, June 26, 2015]
Subpart 1833.2—Disputes and Appeals
1833.215
1833.106–70
Contract clause.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 61 FR 55771, Oct. 29, 1996, unless
otherwise noted.
Solicitation provision.
The contracting officer shall insert
the provision at 1852.233–70 in all solicitations.
[62 FR 11108, Mar. 11, 1997, as amended at 80
FR 36722, June 26, 2015]
Subpart 1833.1—Protests
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1833.103 Protests to the agency.
(d)(4) The provision at 1852.233–70 provides for an alternative to a protest to
the United States Government Accountability Office (GAO). This alternative gives bidders or offerors the
ability to protest directly to the contracting officer (CO) or to request an
independent review by the Assistant
Administrator for Procurement (or designee). The Agency review shall be
deemed to be at the CO level when the
request is silent as to the level of review desired. The Agency review shall
be deemed to be at the level of the As-
Subpart 1833.2—Disputes and
Appeals
1833.215
Contract clause.
The contracting officer shall use the
clause at FAR 52.233–1, Disputes, with
its Alternate I whenever continued performance is vital to national security,
the public health and welfare, important Agency programs, or other essential supplies or services whose timely
reprocurement from other sources
would be impracticable.
[61 FR 55771, Oct. 29, 1996, as amended at 80
FR 36722, June 26, 2015]
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SUBCHAPTER F—SPECIAL CATEGORIES OF CONTRACTING
PART 1834—MAJOR SYSTEM
ACQUISITION
Subpart 1834.2—Earned Value
Management System
Sec.
1834.201 Policy.
1834.203 Solicitation provisions and contract clause.
1834.203–70 NASA solicitation provision and
contract clause.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 71 FR 66120, Nov. 13, 2006, unless
otherwise noted.
Subpart 1834.2—Earned Value
Management System
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1834.201
Policy.
(a) NASA requires use of an Earned
Value Management System (EVMS) on
contracts for development or production work, including development or
production work for flight and ground
support systems and components, prototypes, and institutional investments
(facilities, IT infrastructure, etc.) as
specified below:
(1) For cost or fixed-price incentive
contracts and subcontracts valued at
$50 Million or more the contractor
shall have an EVMS that has been determined by the cognizant Federal
agency to be in compliance with the
guidelines in the American National
Standards Institute/Electronic Industries Alliance Standard 748, Earned
Value Management Systems (ANSI/
EIA–748).
(2) For cost or fixed-price incentive
contracts and subcontracts valued at
$20 Million or more but less than $50
Million, the contractor shall have an
EVMS that complies with the guidelines in ANSI/EIA–748, as determined
by the cognizant Contracting Officer.
(3) For cost or fixed-price incentive
contracts and subcontracts valued at
less than $20 Million the application of
Earned Value Management (EVM) is
optional and is a risk-based decision at
the discretion of the program/project
manager.
(b) Requiring EVM for firm-fixedprice (FFP) contracts and subcontracts
of any dollar value is discouraged; however, an Integrated Master Schedule
(IMS) and adequate reporting shall be
required to plan and track schedule
performance for development or production contracts valued at $20 Million
or more. In addition, for FFP contracts
that are part of a program/project of
$50 Million or more, the contracting officer shall collaborate with the government’s program/project manager to ensure the appropriate data can be obtained or generated to fulfill program
management needs and comply with
NASA Procedural Requirements (NPR)
7120.5.
(c) An EVMS is not required on nondevelopmental contracts for engineering support services, steady state operations, basic and applied research, and
routine services such as janitorial services or grounds maintenance services.
(d) Contracting officers shall request
the assistance of the cognizant Defense
Contract Management Agency (DCMA)
office and the applicable NASA Center
EVM Focal Point (http://evm.nasa.gov/
council.html) in determining the adequacy of proposed EVMS plans and procedures and system compliance.
(e) Notwithstanding the EVMS requirements above, if an offeror proposes to use a system that has not been
determined to be in compliance with
the ANSI/EIA Standard–748, Earned
Value Management Systems, the offeror shall submit a comprehensive plan
for compliance with these EVMS standards, as specified in 1852.234–1, Notice of
Earned Value Management System.
Offerors shall not be eliminated from
consideration for contract award because they do not have an EVMS that
complies with these standards.
(f) As a minimum, and in accordance
with
NPD
7120.5,
requirements
initiators shall ensure that EVMS
monthly reports are included as a deliverable in the acquisition package
provided to the procurement office for
implementation into contracts where
EVMS applies. Additionally, the acquisition package shall include a Contract
Performance Report (CPR), IMS and a
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National Aeronautics and Space Administration
Work Breakdown Structure (WBS) and
the appropriate data requirements descriptions (DRDs) for implementation
into the contract.
[76 FR 40280, July 8, 2011, as amended at 80
FR 12944, Mar. 12, 2015]
1834.203 Solicitation
contract clause.
provisions
and
The FAR EVMS solicitation provisions and contract clause are not used
in NASA contracts. See 1834.203–70 for
the NASA EVMS solicitation provision
and contract clause.
1834.203–70 NASA solicitation
sion and contract clause.
provi-
Except for firm-fixed price contracts
and
the
contracts
identified
in
1834.201(c), the contracting officer shall
insert—
(a) The provision at 1852.234–1, Notice
of Earned Value Management System,
in solicitations for contracts for—
(1) Development or production, including flight and ground support
projects, and institutional projects (facility, IT investment, etc.), with a
value exceeding $20M; and
(2) Acquisitions of any value designated as major by the project manager in accordance with OMB Circular
A–11; and
(b) The clause at 1852.234–2, Earned
Value Management System, in solicitations and contracts with a value exceeding $50M that include the provision
at 1852.234–1. The contracting officer
shall use the clause with its Alternate
I when the contract value is less than
$50M.
[71 FR 66120, Nov. 13, 2006, as amended at 76
FR 40281, July 8, 2011; 80 FR 12944, Mar. 12,
2015]
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PART 1835—RESEARCH AND
DEVELOPMENT CONTRACTING
Sec.
1835.016–70 Foreign
participation
under
broad agency announcements (BAAs).
1835.016–71 NASA Research Announcements.
1835.070 NASA contract clauses and solicitation provision.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
1835.016–71
SOURCE: 62 FR 4469, Jan. 30, 1997, unless
otherwise noted.
1835.016–70 Foreign
participation
under broad agency announcements (BAAs).
(a) Policy. (1) NASA seeks the broadest participation in response to broad
agency announcements, including foreign proposals or proposals including
foreign participation. NASA’s policy is
to conduct research with foreign entities on a cooperative, no-exchange-offunds basis (see NPD 1360.2, Initiation
and Development of International Cooperation in Space and Aeronautics
Programs). NASA does not normally
fund foreign research proposals or foreign research efforts that are part of
U.S. research proposals. Rather, cooperative research efforts are implemented via international agreements
between NASA and the sponsoring foreign agency or funding/sponsoring institution under which the parties agree
to each bear the cost of discharging
their respective responsibilities.
(2) In accordance with the National
Space Transportation Policy, use of a
non-U.S. manufactured launch vehicle
is permitted only on a no-exchange-offunds basis.
(3) NASA funding may not be used for
subcontracted foreign research efforts.
The direct purchase of supplies and/or
services, which do not constitute research, from non-U.S. sources by U.S.
award recipients is permitted.
[64 FR 48561, Sept. 7, 1999, as amended at 69
FR 35272, June 24, 2004]
1835.016–71 NASA
nouncements.
Research
(a) Scope. An NRA is used to announce research interests in support of
NASA’s programs, and, after peer or
scientific review using factors in the
NRA, select proposals for funding. Unlike an RFP containing a statement of
work or specification to which offerors
are to respond, an NRA provides for the
submission of competitive project
ideas, conceived by the offerors, in one
or more program areas of interest. An
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1835.070
48 CFR Ch. 18 (10–1–21 Edition)
NRA shall not be used when the requirement is sufficiently defined to
specify an end product or service.
[62 FR 4469, Jan. 30, 1997, as amended at 62
FR 14017, Mar. 25, 1997; 63 FR 9967, Feb. 27,
1998. Redesignated and amended at 64 FR
48561, Sept. 7, 1999; 65 FR 12485, Mar. 9, 2000;
65 FR 46628, July 31, 2000; 65 FR 82297, Dec. 28,
2000; 66 FR 53547, Oct. 23, 2001; 67 FR 30604,
May 7, 2002; 69 FR 35272, June 24, 2004]
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1835.070 NASA contract clauses and
solicitation provision.
(a) The contracting officer shall insert the clause at 1852.235–70, Center for
AeroSpace Information, in all research
and development contracts, and interagency agreements and cost-reimbursement supply contracts involving research and development work.
(b) The contracting officer shall insert the clause at 1852.235–71, Key Personnel and Facilities, in contracts
when source selection has been substantially predicated upon the possession by a given offeror of special capabilities, as represented by key personnel or facilities.
(c) The contracting officer shall ensure that the provision at 1852.235–72,
Instructions for Responding to NASA
Research Announcements, is inserted
in all NRAs. The instructions may be
supplemented, but only to the minimum extent necessary.
(d) The contracting officer shall insert the clause at 1852.235–73, Final Scientific and Technical Reports, in all research and development contracts, and
in interagency agreements and cost-reimbursement supply contracts involving research and development work.
(1) The contracting officer, after consultation with and concurrence of the
program or project manager and the
center Export Control Administrator,
shall insert the clause with its Alternate I when the contract includes
‘‘fundamental research’’ as defined at
22 CFR 120.11(8) and no prior review of
data, including the final report, produced during the performance of the
contract is required for export control
or national security purposes before
the contractor may publish, release, or
otherwise disseminate the data.
(2) The contracting officer, after consultation with and concurrence by the
program or project manager and where
necessary the center Export Control
Administrator, shall insert the clause
with its Alternate II, when prior review
of all data produced during the performance of the contract is required
before the contractor may publish, release, or otherwise disseminate the
data. For example, when data produced
during performance of the contract
may be subject to export control, national security restrictions, or other
restrictions designated by NASA; or, to
the extent the contractor receives or is
given access to data that includes restrictive markings, may include proprietary information of others.
(3) Except when Alternate II applies
in accordance with paragraph (d)(2) of
this section, the contracting officer
shall insert the clause with its Alternate III in all SBIR and STTR contracts.
(e) The contracting officer shall insert a clause substantially the same as
the clause at 1852.235–74, Additional Reports of Work—Research and Development, in all research and development
contracts, and in interagency agreements and cost-reimbursement supply
contracts involving research and development work, when periodic reports,
such as monthly or quarterly reports,
or reports on the completion of significant units or phases of work are required for monitoring contract performance. The clause should be modified to reflect the reporting requirements of the contract and to indicate
the timeframe for submission of the
final report.
[68 FR 5231, Feb. 3, 2003, as amended at 70 FR
2022, Jan. 12, 2005]
PART 1836—CONSTRUCTION AND
ARCHITECT-ENGINEER CONTRACTS
Subpart 1836.2—Special Aspects of
Contracting for Construction
Sec.
1836.203 Government estimate of construction costs.
1836.213–370 Additive and deductive items.
Subpart 1836.5—Contract Clauses
1836.513 Accident prevention.
1836.570 NASA solicitation provisions and
contract clause.
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National Aeronautics and Space Administration
Subpart 1836.6—Architect-Engineer
Services
Subpart 1836.5—Contract Clauses
1836.602 Selection of firms for architect-engineer contracts.
1836.602–1 Selection criteria.
Subpart 1836.70—Partnering
1836.7004 NASA solicitation provision and
contract clause.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 62 FR 4471, Jan. 30, 1997, unless
otherwise noted.
Subpart 1836.2—Special Aspects
of Contracting for Construction
1836.203 Government estimate of construction costs.(NASA supplements
paragraph (c))
(c)(i) If the acquisition is by sealed
bidding, the contracting officer shall
file a sealed copy of the detailed Government estimate with the bids until
bid opening. After the bids are read and
recorded, the contracting officer shall
read the estimate, and record it in the
same detail as the bids.
(ii) If the acquisition is by negotiation, the contracting officer may disclose the overall amount of the Government estimate after award upon request of offerors.
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1836.213–370
items.
1836.602–1
1836.513
[80 FR 36722, June 26, 2015]
1836.570 NASA solicitation provisions
and contract clause.
(a) The contracting officer shall insert the provision at 1852.236–71, Additive or Deductive Items, in invitations
for bids for construction when it is desired to add or deduct bid items to
meet available funding.
(b) The contracting officer shall insert the provision at 1852.236–72, Bids
with Unit Prices, in invitations for bids
for construction when the invitation
contemplates unit prices of items.
(c) The contracting officer shall insert the clause at 1852.236–73, Hurricane
Plan, in solicitations and contracts for
construction at sites that experience
hurricanes.
(d) The contracting officer shall insert the provision at 1852.236–74, Magnitude of Requirement, in solicitations
for construction. Insert the appropriate
estimated dollar range in accordance
with FAR 36.204.
Subpart 1836.6—ArchitectEngineer Services
Additive and deductive
When it appears that funds available
for a project may be insufficient for all
the desired features of construction,
the contracting officer may provide in
the invitation for bids for a first or
base bid item covering the work generally as specified and one or more additive or deductive bid items progressively adding or omitting specified features of the work in a stated order of
priority. In such case, the contracting
officer, before the opening of bids, shall
record in the contract file the amount
of funds available for the project and
determine the low bidder and the items
to be awarded in accordance with the
provision at 1852.236–71, Additive or Deductive Items.
[62 FR 36721, July 9, 1997. Redesignated at 64
FR 5621, Feb. 4, 1999]
Accident prevention.
For additional guidance on the use of
FAR clause 52.236–13, Accident Prevention, and its Alternate I in NASA contracts, see 1823.7001(d).
1836.602 Selection of firms for architect-engineer contracts.
1836.602–1 Selection criteria.
supplements paragraph (a))
(a)(2) The evaluation of specialized
experience and technical competence
shall be limited to the immediately
preceding ten years.
(4) The evaluation of past performance shall be limited to the immediately preceding ten years.
(6) The architect-engineer selection
board may also establish evaluation
criteria regarding the volume of work
previously awarded to the firm by
NASA, with the object of effecting an
equitable distribution of contracts
among
qualified
architect-engineer
firms, including minority-owned firms
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1836.7004
48 CFR Ch. 18 (10–1–21 Edition)
and firms that have not had prior
NASA contracts.
1837.104 Personal services contracts.
(NASA supplements paragraph (b))
[62 FR 4471, Jan. 30, 1997, as amended at 66
FR 53548, Oct. 23, 2001]
(b) Section 203(c)(9) of the National
Aeronautics and Space Act of 1958 (42
U.S.C. 2473(c)(9)) authorizes NASA ‘‘to
obtain services as authorized by Section 3109 of Title 5, United States
Code.’’ It is NASA policy to obtain the
personal services of experts and consultants by appointment rather than
by contract. The policies, responsibilities, and procedures pertaining to the
appointment of experts and consultants are in NPR 3300.1, Appointment of
Personnel To/From NASA, Chapter 4,
Employment of Experts and Consultants.
Subpart 1836.70—Partnering
1836.7004 NASA solicitation provision
and contract clause.
The contracting officer may insert a
clause substantially the same as stated
at 1852.236–75, Partnering for Construction Contracts, in solicitations and
contracts for construction, when it has
been determined that the benefits to be
derived from partnering exceed the
costs.
SOURCE: 63 FR 44170, Aug. 18, 1998, unless
otherwise noted.
PART 1837—SERVICE
CONTRACTING
1837.110 Solicitation
contract clauses.
Sec.
1837.101 Definitions.
1837.104 Personal services contracts.
1837.110 Solicitation provisions and contract clauses.
1837.110–70 NASA solicitation provision and
contract clauses.
1837.170 Pension portability.
Subpart 1837.2—Advisory and Assistance
Services
1837.203 Policy.
1837.203–70 Providing contractors access to
sensitive information.
1837.303–71 Release of contractors’ sensitive
information.
1837.203–72 NASA contract clauses.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 62 FR 4472, Jan. 30, 1997, unless
otherwise noted.
Subpart 1837.1—Service
Contracts—General
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provisions
1837.110–70 NASA solicitation
sion and contract clauses.
Subpart 1837.1—Service Contracts—
General
1837.101
[62 FR 4472, Jan. 30, 1997, as amended at 64
FR 12485, Mar. 9, 2000; 66 FR 53548, Oct. 23,
2001; 69 FR 63459, Nov. 2, 2004]
Definitions.
Pension portability means the recognition and continuation in a successor
service contract of the predecessor
service contract employees’ pension
rights and benefits.
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(a) The contracting officer shall insert the clause at 1852.237–70, Emergency Evacuation Procedures, in solicitations and contracts for on-site support services where emergency evacuations of the NASA installation may
occur, e.g., snow, hurricanes, tornadoes, earthquakes, or other emergencies.
(b) The contracting officer shall insert the clause at 1852.237–71, Pension
Portability, in solicitations, contracts
or negotiated contract modifications
for additional work when the procurement officer makes the determination
in 1837.170(a)(2).
[62 FR 4472, Jan. 30, 1997, as amended at 62
FR 36721, July 9, 1997; 62 FR 58688, Oct. 30,
1997]
1837.170
Pension portability.
(a) It is NASA’s policy not to require
pension portability in service contracts. However, pension portability requirements may be included in solicitations, contracts, or contract modifications for additional work under the
following conditions:
(1)(i) There is a continuing need for
the same or similar services for a minimum of five years (inclusive of options), and, if the contractor changes, a
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National Aeronautics and Space Administration
high percentage of the predecessor contractor’s employees are expected to remain with the program; or
(ii) The employees under a predecessor contract were covered by a portable pension plan, a follow-on contract
or a contract consolidating existing
services is awarded, and the total contract period covered by the plan covers
a minimum of five years (including
both the predecessor and successor contracts); and
(2) The procurement officer determines in writing, with full supporting
rationale, that such a requirement is in
the Government’s best interest. The
procurement officer shall maintain a
record of all such determinations.
(b) When pension portability is required, the plan shall comply with the
requirements of the clause at 1852.237–
71, Pension Portability, (see 1837.110–
70(b)), and the contract shall also include a clear description of the plan,
including service, pay, liabilities, vesting, termination, and benefits from
prior contracts.
Subpart 1837.2—Advisory and
Assistance Services
SOURCE: 80 FR 43031, July 21, 2015, unless
otherwise noted.
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1837.203 Policy.
(c) Advisory and assistance services
of individual experts and consultants
shall normally be obtained by appointment rather than by contract (see NPR
3300.1, Appointment of Personnel To/
From NASA, Chapter 4, Employment of
Experts and Consultants).
1837.203–70 Providing contractors access to sensitive information.
(a)(1) As used in this subpart, ‘‘sensitive information’’ refers to information that the contractor has developed
at private expense or that the Government has generated that qualifies for
an exception to the Freedom of Information Act, which is not currently in
the public domain, may embody trade
secrets or commercial or financial information, and may be sensitive or
privileged, the disclosure of which is
likely to have either of the following
effects: To impair the Government’s
ability to obtain this type of informa-
1837.203–70
tion in the future; or to cause substantial harm to the competitive position
of the person from whom the information was obtained. The term is not intended to resemble the markings of national security documents as in sensitive-secret-top secret.
(2) As used in this subpart, ‘‘requiring organization’’ refers to the NASA
organizational element or activity that
requires specified services to be provided.
(3) As used in this subpart, ‘‘service
provider’’ refers to the service contractor that receives sensitive information from NASA to provide services to
the requiring organization.
(b)(1) To support management activities and administrative functions,
NASA relies on numerous service providers. These contractors may require
access to sensitive information in the
Government’s possession, which may
be entitled to protection from unauthorized use or disclosure.
(2) As an initial step, the requiring
organization shall identify when needed services may entail access to sensitive information and shall determine
whether providing access is necessary
for accomplishing the Agency’s mission. The requiring organization shall
review any service provider requests
for access to information to determine
whether the access is necessary and
whether the information requested is
considered ‘‘sensitive’’ as defined in
paragraph (a)(1) of this section.
(c) When the requiring organization
determines that providing specified
services will entail access to sensitive
information, the solicitation shall require each potential service provider to
submit with its proposal a preliminary
analysis of possible organizational conflicts of interest that might flow from
the award of a contract. After selection, or whenever it becomes clear that
performance will necessitate access to
sensitive information, the service provider must submit a comprehensive organizational conflicts of interest avoidance plan.
(d) This comprehensive plan shall incorporate any previous studies performed, shall thoroughly analyze all
organizational conflicts of interest
that might arise because the service
provider has access to other companies’
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1837.203–71
48 CFR Ch. 18 (10–1–21 Edition)
sensitive information, and shall establish specific methods to control, mitigate, or eliminate all problems identified. The contracting officer, with advice from Center counsel, shall review
the plan for completeness and identify
to the service provider substantive
weaknesses and omissions for necessary correction. Once the service provider has corrected the substantive
weaknesses and omissions, the contracting officer shall incorporate the
revised plan into the contract, as a
compliance document.
(e) If the service provider will be operating an information technology system for NASA that contains sensitive
information, the operating contract
shall include the clause at 1852.204–76,
Security Requirements for Unclassified
Information Technology Resources,
which requires the implementation of
an Information Technology Security
Plan to protect information processed,
stored, or transmitted from unauthorized access, alteration, disclosure, or
use.
(f) NASA will monitor performance
to assure any service provider that requires access to sensitive information
follows the steps outlined in the clause
at 1852.237–72, Access to Sensitive Information, to protect the information
from unauthorized use or disclosure.
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1837.203–71 Release of contractors’
sensitive information.
Pursuant to the clause at 1852.237–73,
Release of Sensitive Information,
offerors and contractors agree that
NASA may release their sensitive information when requested by service
providers in accordance with the procedures prescribed in 1837.203–70 and subject to the safeguards and protections
delineated in the clause at 1852.237–72,
Access to Sensitive Information. As required by the clause at 1852.237–73, or
other contract clause or solicitation
provision, contractors must identify
information they claim to be ‘‘sensitive’’ submitted as part of a proposal
or in the course of performing a contract. The contracting officer shall
evaluate all contractor claims of sensitivity in deciding how NASA should re-
spond to requests from service providers for access to information.
1837.203–72
NASA contract clauses.
(a) The contracting officer shall insert the clause at 1852.237–72, Access to
Sensitive Information, in all solicitations and contracts for services that
may require access to sensitive information belonging to other companies
or generated by the Government.
(b) The contracting officer shall insert the clause at 1852.237–73, Release of
Sensitive Information, in all solicitations, contracts, and basic ordering
agreements.
PART 1839—ACQUISITION OF
INFORMATION TECHNOLOGY
Subpart 1839.1—General
Sec.
1839.107 Contract clause.
1839.107–70 NASA contract clause.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 62 FR 4473, Jan. 30, 1997, unless
otherwise noted.
Subpart 1839.1—General
1839.107
Contract clause.
[62 FR 4473, Jan. 30, 1997. Redesignated at 62
FR 36721, July 9, 1997]
1839.107–70 NASA contract clause.
(a)(1) The contracting officer shall
insert the clause substantially as stated at 1852.239–70, Alternate Delivery
Points, in solicitations and contracts
for information technology when:
(i) An indefinite delivery/indefinite
quantity contract will be used or when
the contract will include options for
additional quantities; and
(ii) Delivery is F.O.B. destination to
the contracting activity.
(2) When delivery is F.O.B. origin and
Government bills of lading (GBL) are
used, the contracting officer shall use
the clause with its Alternate I.
[62 FR 4473, Jan. 30, 1997. Redesignated at 62
FR 36721, July 9, 1997]
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SUBCHAPTER G—CONTRACT MANAGEMENT
PART 1840 [RESERVED]
PART 1841—ACQUISITION OF
UTILITY SERVICES
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 62 FR 4474, Jan. 30, 1997, unless
otherwise noted.
PART 1842—CONTRACT ADMINISTRATION AND AUDIT SERVICES
Subpart 1842.70—Additional NASA
Contract Clauses
Sec.
1842.7001 Denied access to NASA facilities.
1842.7002 Travel outside of the United
States.
1842.7003 Emergency medical services and
evacuation.
Subpart 1842.71 [Reserved]
Subpart 1842.72—NASA Contractor
Financial Management Reporting
General.
Contract clause.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 62 FR 14017, Mar. 25, 1997, unless
otherwise noted.
Subpart 1842.70—Additional NASA
Contract Clauses
1842.7001 Denied access to NASA facilities.
The contracting officer shall insert
the clause at 1852.242–72, Denied Access
to NASA Facilities, in solicitations
and contracts where contractor personnel will be working onsite at a
NASA facility such as: NASA Headquarters and NASA Centers, including
Component Facilities and Technical
and Service Support Centers. For a list
of NASA facilities see NPD 1000.3 ‘‘The
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[80 FR 52644, Sept. 1, 2015]
1842.7002 Travel outside of the United
States.
Subpart 1841.5 [Reserved]
1842.7201
1842.7202
NASA Organization’’. The contracting
officer shall not insert the clause
where contractor personnel will be
working onsite at the Jet Propulsion
Laboratory including the Deep Space
Network Communication Facilities
(Goldstone, CA; Canberra, Australia;
and Madrid, Spain).
The contracting officer shall insert
the clause at 1852.242–71, Travel Outside
of the United States, in cost-reimbursement solicitations and contracts
where a contractor may travel outside
of the United States and it is appropriate to require Government approval
of the travel.
[81 FR 24501, Apr. 26, 2016]
1842.7003 Emergency medical services
and evacuation.
The contracting officer must insert
the clause at 1852.242–78, Emergency
Medical Services and Evacuation, in all
solicitations and contracts when employees of the contractor are required
to travel outside the United States or
to remote locations in the United
States.
[81 FR 24501, Apr. 26, 2016]
Subpart 1842.71 [Reserved]
Subpart
1842.72—NASA
Contractor Financial Management
Reporting
1842.7201
General.
(a) [Reserved]
(b) Reporting requirements. (1) Use of
the NASA Contractor Financial Management Reports, the NASA form 533
series, is required on cost-type, price
redetermination, and fixed-price incentive contracts when the following dollar, period of performance, and scope
criteria are met:
Contract value/scope
Period of performance
533M
$500K to $999K .........................................
1 year or more ..........................................
Required ..............
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533Q
Optional.
1842.7202
48 CFR Ch. 18 (10–1–21 Edition)
Contract value/scope
Period of performance
533M
$1,000,000 and over .................................
$1,000,000 and over .................................
Less than 1 year .......................................
1 year or more ..........................................
Required ..............
Required ..............
(2) When it is probable that a contract will ultimately meet the criteria
in paragraph (b)(1) of this section
through change orders, supplemental
agreements, etc., the reporting requirement must be implemented in the contract based on the estimated final contract value at the time of award.
[62 FR 14017, Mar. 25, 1997, as amended at 69
FR 44609, July 27, 2004]
1842.7202
Contract clause.
The contracting officer shall insert
the clause at 1852.242–73, NASA Contractor Financial Management Reporting, in solicitations and contracts
when any of the NASA Form 533 series
of reports is required from the contractor.
[62 FR 36721, July 9, 1997]
1843.205–70
[81 FR 75345, Oct. 31, 2016]
PART 1844—SUBCONTRACTING
POLICIES AND PROCEDURES
Subpart 1844.2—Consent to Subcontracts
Sec.
1844.204 Contract clauses.
1844.204–70 NASA contract clause.
PART 1843—CONTRACT
MODIFICATIONS
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
Subpart 1843.2—Change Orders
SOURCE: 62 FR 14023, Mar. 25, 1997, unless
otherwise noted.
Subpart 1844.2—Consent to
Subcontracts
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
1844.204
SOURCE: 62 FR 14022, Mar. 25, 1997, unless
otherwise noted.
1844.204–70
Subpart 1843.2—Change Orders
1843.205
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NASA contract clauses.
The contracting officer may insert a
clause substantially as stated at
1852.243–72, Equitable Adjustments, in
solicitations and contracts for—
(a) Dismantling, demolishing, or removing improvements; or
(b) Construction, when the contract
amount is expected to exceed the simplified acquisition threshold and a
fixed-price contract is contemplated.
Sec.
1843.205 Contract clauses.
1843.205–70 NASA contract clauses.
Contract clauses.
As authorized in the prefaces of
clauses FAR 52.243–1, Changes—Fixed
Price; FAR 52.243–2, Changes—Cost Reimbursement;
and
FAR
52.243–4,
Changes; and in the prescription at
43.205(c) for FAR 52.243–3, Changes—
Time-and-Material or Labor-Hours, the
period within which a contractor must
assert its right to an equitable adjustment may be varied not to exceed 60
calendar days.
Contract clauses.
NASA contract clause.
The contracting officer shall insert
the clause at 1852.244–70, Geographic
Participation in the Aerospace Program, in all research and development
solicitations and contracts of $500,000
or over that will be performed within
the United States.
PART 1845—GOVERNMENT
PROPERTY
Subpart 1845.1—General
Sec.
1845.107 Contract clauses.
1845.107–70 NASA solicitation
and contract clauses.
[65 FR 58932, Oct. 3, 2000]
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Optional.
Required.
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provisions
National Aeronautics and Space Administration
Subpart 1845.3—Authorizing the Use and
Rental of Government Property
1845.302 Use of Government property on
contracts with foreign governments or
international organizations.
Subpart 1845.4 [Reserved]
Subpart 1845.5—Support Government
Property Administration
1845.501–70 General.
1845.503–70 Delegations of property administration and plant clearance.
1845.505–70 Responsibilities of the property
administrator.
1845.506–70 Responsibilities of the plant
clearance officer.
Subpart 1845.6—Reporting, Redistribution,
and Disposal of Contractor Inventory
1845.604 Restrictions on purchase or retention of contractor inventory.
1845.606–70 Contractor’s approved scrap procedure.
1845.607 Scrap.
1845.607–1 General.
1845.607–170 Contractor’s approved scrap
procedure.
1845.607–2 Recovering precious metals.
1845.610 Sale of surplus contractor inventory.
1845.610–4 Contractor inventory in foreign
countries.
Subpart 1845.71—Forms Preparation
1845.7101 Instructions for preparing NASA
Form 1018.
1845.7101–1 Property classification.
1845.7101–2 Transfers of property.
1845.7101–3 Unit acquisition cost.
1845.7101–4 Types of deletions from contractor property records.
1845.7101–5 Contractor’s privileged financial
and business information.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 62 FR 36722, July 9, 1997, unless
otherwise noted.
Subpart 1845.1—General
1845.107
Contract clauses.
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1845.107–70 NASA solicitation
sions and contract clauses.
provi-
(a)(1) The contracting officer shall
insert the clause at 1852.245–70, Contractor Requests for Government-furnished Property, in cost reimbursement solicitations and contracts.
1845.107–70
(2) Use the clause with its Alternate
I when the center Supply and Equipment Management Officer (SEMO) consents to permit the contractor to
screen Government inventory for available property in lieu of contractor acquisition of new items.
(b)(1) The contracting officer shall
insert the clause at 1852.245–71, Installation—Accountable Government Property, in solicitations and contracts
when Government property is to be
made available to a contractor working
on a NASA installation, and the Government will maintain accountability
for the property. The contracting officer shall list in the clause the applicable property user responsibilities. For
purposes of this clause, NASA installations include local off-site buildings
owned or leased by NASA.
(2) Use of this clause is subject to the
SEMO’s concurrence that adequate
Government property management resources are available for oversight of
the property in accordance with all applicable NASA installation property
management directives.
(3) The contracting officer shall identify, in the contract, the nature, quantity, and acquisition cost of the property and make it available on a
nocharge basis.
(4) The contracting officer shall use
the clause with its Alternate I if the
SEMO requests that the contractor be
restricted from use of the center central receiving facility for the purposes
of receiving contractor-acquired property.
(5) For contractors with both onsite
and offsite performance requirements,
contracting officers shall list Government property provided for offsite use
separately in the contract. This Government property is furnished under
FAR 52.245–1, Government Property,
and remains accountable to the contractor during its use on the contract.
This Government property is not subject to the clause at 1852.245–71, Installation—Accountable Government Property. The contracting officer shall address any specific maintenance considerations (e.g., requiring or precluding
use of an installation calibration or repair facility) elsewhere in the contract.
(c) The contracting officer shall insert the clause at 1852.245–72, Liability
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1845.107–70
48 CFR Ch. 18 (10–1–21 Edition)
for e Government Property Furnished
for Repair or Other Services, in fixedprice, time-and-material, and laborhour solicitations and contracts (except for experimental, developmental,
or research work with educational or
nonprofit institutions, where no profit
is contemplated) for repair, modification, rehabilitation, or other servicing
of Government property, if such property is to be furnished to a contractor
for that purpose and no other Government property is to be furnished. The
contracting officer shall not require
additional insurance under the clause
unless the circumstances clearly indicate advantages to the Government.
(d) The contracting officer shall insert the clause at 1852.245–73, Financial
Reporting of NASA Property in the
Custody of Contractors, in cost reimbursement solicitations and contracts
and in all contracts in which the contractor has custody of NASA-owned
property with a value of $10 million or
more, unless all property to be provided is subject to the clause at
1852.245–71,
Installation-Accountable
Government Property. Insert the
clause 1852.245–73 in other types of solicitations and contracts when it is
known at award that property will be
provided to the contractor or that the
contractor will acquire property title
to which will vest in the Government
prior to delivery.
(e) The contracting officer shall insert the clause at 1852.245–74, Identification and Marking of Government
Equipment, in solicitations and contracts that—
(1) Include the clause at FAR 52.245–
1; or
(2) Require the delivery of supplies.
(f) The contracting officer shall insert the clause at 1852.245–75, Property
Management Changes, in solicitations
and contracts that provide for progress
payments or include any of the property clauses prescribed in FAR Part 45.
(g) The contracting officer shall insert the clause at 1852.245–76, List of
Government Property Furnished Pursuant to FAR 52.245–1, in solicitations
and contracts when the contractor is
to be accountable under the contract
for Government property.
(h) The contracting officer shall insert the clause at 1852.245–77, List of
Government Property Furnished Pursuant to FAR 52.245–2, in solicitations
and contracts containing the clause at
52.245–2, Government Property Installation Operation Services. In addition,
the contracting officer shall insert the
following language in the blanks in
paragraph (e) of the clause at 52.245–2:
‘‘The Government property provided
under this clause is identified in clause
1852.245–77 of this contract.’’
(i) The contracting officer shall insert the clause at 1852.245–78, Physical
Inventory of Capital Personal Property, in cost reimbursement and fixedprice solicitations and contracts that
provide Government property.
(j) The contracting officer shall insert the clause at 1852.245–79, Records
and Disposition Reports for Government Property with Potential Historic
or Significant Real Value, in solicitations and contracts when, after consultation with the center Historic
Preservation Officer, it is determined
that the items acquired for or produced
by the contract are likely to have historic significance or increased value
due to their use in support of NASA
projects and programs.
(k)(1) The contracting officer shall
insert the provision at 1852.245–80, Government Property Management Information, in solicitations when it is
known, or there is a reasonable chance,
that Government property will be provided to the contractor for contract
performance.
(2) The contracting officer shall use
the provision with Alternate 1 when
there are sufficient time and resources
to allow prospective contractors the
opportunity to inspect the property.
(l) The contracting officer shall insert the provision at 1852.245–81, List of
Available Government Property, in solicitations when Government property
will be made available for contract performance.
(m) The contracting officer shall insert the clause at 1852.245–82, Occupancy Management Requirements, in
solicitations and contracts that require
performance on, or in, any NASA Center, Installation, facility or other
NASA real property.
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National Aeronautics and Space Administration
(n) The contracting officer shall insert the clause at 1852.245–83 Real Property Management Requirements, in solicitations and contracts for acquisition, construction, modification (including when the modification is a consequence of another approved task, e.g.,
installation of telephonic or local area
network equipment), demolition, or
management of real property.
[76 FR 2004, Jan. 12, 2011, as amended at 81
FR 71638, Oct. 18, 2016; 81 FR 91047, Dec. 16,
2016]
Subpart 1845.3—Authorizing the
Use and Rental of Government Property
SOURCE: 76 FR 2005, Jan. 12, 2011, unless
otherwise noted.
1845.302 Use of Government property
on contracts with foreign governments or international organizations.
(a) NASA contracting officers will recover a fair share of the cost of Government property if such property is used
in performing services or manufacturing articles for foreign countries or
for international organizations.
Subpart 1845.4 [Reserved]
Subpart 1845.5—Support Government Property Administration
SOURCE: 76 FR 2005, Jan. 12, 2011, unless
otherwise noted.
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1845.501–70 General.
(b) When the Industrial Property Officer or Property Administrator determines that the contractor’s proposed
systems, standards and practices for
the management of Government property are inadequate to manage Government property, the Contracting Officer
should: (1) Require the contractor to
provide a written revision that addresses the determination of the Industrial
Property Officer or Property Administrator.
1845.503–70 Delegations of property
administration and plant clearance.
(e) Under the clause at 1852.245–71, Installation-Accountable
Government
1845.506–70
Property, property is managed by center logistics functions using NASA internal policy and procedural guidance,
except—
(1) When contractors are provided or
are allowed the use of property that is
not governed by that procedural guidance, management of that property is
governed by the applicable FAR clause.
(2) When the contractor is responsible for performance of any segment of
a property system under a FAR property clause, then property administration and plant clearance are required.
1845.505–70 Responsibilities
of
the
property administrator.
(c) When the property administrator
determines that all or a portion of a
contractor’s
property
management
practices and processes do not afford
sufficient protection against loss, damage or destruction of Government property:
(1) The property administrator shall
increase surveillance to prevent, to the
extent possible, any loss, damage, or
destruction of Government property;
and
(2) Advise the contracting officer of
any known or reported incidence of
loss, damage or destruction identified
during any period in which the contracting officer has revoked the Government’s acceptance of risk.
(d) The property administrator shall
review records and the results of contractor actions to identify any and all
incidence where the contractor fails to
report property no longer required for
performance for periods longer than
called for in their standards and practices.
1845.506–70 Responsibilities
of
the
plant clearance officer.
When plant clearance is not delegated to DOD, NASA plant clearance
officers shall be responsible for—
(a) Providing the contractor with instructions and advice regarding the
proper preparation of inventory schedules;
(b) Accepting or rejecting inventory
schedules;
(c) Conducting or arranging for inventory verification;
(d) Initiating prescribed screening
and effecting resulting actions;
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1845.604
48 CFR Ch. 18 (10–1–21 Edition)
(e) Final plant clearance of contractor inventory;
(f) Pre-inventory scrap determinations, as appropriate;
(g) Evaluating the adequacy of the
contractor’s procedures for property
disposal and providing feedback to the
Property Administrator regarding the
contractor’s performance in property
disposal activities;
(h) Determining the method of disposal;
(i) Surveillance of any contractor
conducted sales;
(j) Accounting for all contractor inventory reported by the contractor;
(k) Advising and assisting, as appropriate, the contractor, the Supply and
Equipment
Management
Officer
(SEMO) and other Federal agencies in
all actions relating to the proper and
timely disposal of contractor inventory;
(l) Approving the method of sale,
evaluating bids, and approving sale
prices for any contractor-conducted
sales; and
(m) Recommending the reasonableness of selling expenses related to any
contractor-conducted sales.
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Subpart 1845.6—Reporting, Redistribution, and Disposal of Contractor Inventory
1845.604 Restrictions on purchase or
retention of contractor inventory.
(1) No contractor may sell contractor
inventory to persons known by it to be
NASA or DOD personnel who have been
engaged in administering or terminating NASA contracts.
(2)(i) The contractor’s or subcontractor’s authority to approve the sale,
purchase, or retention of Government
property on a contract which is excess
to needs after Government reutilization screening at less than cost by a
subcontractor, and the subcontractor’s
authority to sell, purchase, or retain
such property at less than cost with
the approval of the contractor or next
higher-tier subcontractor does not include authority to approve—
(A) A sale by a subcontractor to the
contractor, the next higher-tier subcontractor, or their affiliates; or
(B) A sale, purchase, or retention by
a subcontractor affiliated with the con-
tractor or next higher-tier subcontractor.
(ii) Each excluded sale, purchase, or
retention requires the written approval
of the plant clearance officer.
1845.606–70 Contractor’s
scrap procedure.
(a) When a contractor has an approved scrap procedure, certain property may be routinely disposed of in
accordance with that procedure and
not processed under this section.
(d) Property in scrap condition, other
than that disposed of through the contractor’s approved scrap procedure,
shall be reported on appropriate inventory schedules for disposition in accordance with the provisions of FAR
Part 45 and NFS 1845.
[76 FR 2006, Jan. 12, 2011]
1845.607
Scrap.
1845.607–1
General.
1845.607–170 Contractor’s
scrap procedure.
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approved
(a) When a contractor has an approved scrap procedure, certain property may be routinely disposed of in
accordance with that procedure and
not processed under this section.
(b)–(c) [Reserved]
(d) Property in scrap condition, other
than that disposed of through the contractor’s approved scrap procedure,
shall be reported on appropriate inventory schedules for disposition in accordance with the provisions of FAR
part 45 and 1845.
[62 FR 36722, July 9, 1997, as amended at 69
FR 44610, July 27, 2004]
1845.607–2 Recovering precious metals. (NASA supplements paragraph
(b)).
(b) Silver, gold, platinum, palladium,
rhodium, iridium, osmium, and ruthenium; scrap bearing such metals; and
items containing recoverable quantities of them shall be reported to the
Defense Reutilization and Marketing
Service, DRMS-R, Federal Center, Battle Creek, MI 49017–3092, for instructions regarding disposition.
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National Aeronautics and Space Administration
1845.610 Sale of surplus contractor inventory.
1845.610–4 Contractor inventory in
foreign countries.
NASA procedures for disposal are in
NPR 4300.1, NASA Personal Property
Disposal Procedures and Guidelines.
[62 FR 36722, July 9, 1997, as amended at 65
FR 58932, Oct. 3, 2000; 69 FR 44610, July 27,
2004]
Subpart 1845.71—Forms
Preparation
1845.7101 Instructions for preparing
NASA Form 1018.
NASA must account for and report
assets in accordance with 31 U.S.C. 3512
and 31 U.S.C. 3515, Federal Accounting
Standards, and Office of Management
and Budget (OMB) instructions. Since
contractors maintain NASA’s official
records for its assets in their possession, NASA must obtain periodic data
from those records to meet these requirements. Changes in Federal Accounting Standards and OMB reporting
requirements may occur from year to
year, requiring contractor submission
of supplemental information with the
NASA Form (NF) 1018. The specific
Statements of Federal Financial Accounting Standards (SFFAS) to be used
for property records are SFFAS No. 3
‘‘Accounting for Inventory and Related
Property’’, SFFAS No. 6 ‘‘Accounting
for Property, Plant and Equipment’’,
SFFAS No. 10 ‘‘Accounting for Internal
Use Software’’, and SFFAS No. 11
‘‘Amendments to PP&E: Definitions’’
issued by the Federal Accounting
Standards Advisory Board. Classifications of property, related costs to be
reported, and other reporting requirements are discussed in this subpart. NF
1018 (see 1853.3) provides critical information for NASA financial statements
and property management. Accuracy,
completeness, and timeliness of the report are critical to many aspects of
NASA’s operations.
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[68 FR 62024, Oct. 31, 2003]
1845.7101–1 Property classification.
(a) General. (1) Contractors shall report costs in the classifications on NF
1018, as described in this section. The
1845.7101–1
cost of heritage assets and obsolete
property will be reported on the NF
1018 under the appropriate classification. Supplemental reporting may also
be required.
(2)(i) Heritage assets are property,
plant and equipment that possess one
or more of the following characteristics:
(A) Historical or natural significance;
(B) Cultural, educational or artistic
importance; or
(C) Significant architectural characteristics.
(ii) Examples of NASA heritage assets include buildings and structures
designated as National Historic Landmarks as well as aircraft, spacecraft
and related components on display to
enhance public understanding of NASA
programs. Heritage assets which serve
both a heritage and government operation function are considered multi-use
when the predominant use is in general
government operations. Multi-use heritage assets will not be considered heritage assets for NF 1018 supplemental
reporting purposes.
(3) Obsolete property is property for
which there are no current plans for
use in its intended purpose (i.e., it no
longer provides service to NASA operations). Examples of obsolete property
are items in configurations which are
no longer required or used by NASA or
items held for engineering evaluation
purposes only. NASA may have approved the retention of these items for
programmatic reasons even though
they have no current plans for use.
(b) Land. Includes costs of land and
improvements to land. Contractors
shall report land with a unit acquisition cost of $500,000 or more.
(c) Buildings. Includes costs of buildings, improvements to buildings, and
fixed equipment required for the operation of a building which is permanently attached to and a part of the
building and cannot be removed without cutting into the walls, ceilings, of
floors. Contractors shall report buildings with a unit acquisition cost of
$500,000 or more. Examples of fixed
equipment required for functioning of a
building include plumbing, heating and
lighting equipment, elevators, central
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1845.7101–1
48 CFR Ch. 18 (10–1–21 Edition)
air conditioning systems, and built-in
safes and vaults.
(d) Other Structures and Facilities. Includes costs of acquisitions and improvements of real property (i.e. structures and facilities other than buildings); for example, airfield pavements,
harbor and port facilities, power production facilities and distribution systems, reclamation and irrigation facilities, flood control and navigation aids,
utility systems (heating, sewage, water
and electrical) when they serve several
buildings or structures, communication systems, traffic aids, roads and
bridges, railroads, monuments and memorials, and nonstructural improvements such as sidewalks, parking
areas, and fences. Contractors shall report other structures and facilities
with a unit acquisition cost of $500,000
or more and a useful life of two years
or more.
(e) Leasehold improvements. Includes
NASA-funded costs of improvements to
leased buildings, structures, and facilities, as well as easements and right-ofway, where NASA is the lessee or the
cost is charged to a NASA contract.
Contractors shall report leasehold improvements with a unit acquisition
cost of $500,000 or more and a useful life
of two years or more.
(f) Construction in progress. Includes
costs of work in process for the construction of Buildings, Other Structures and Facilities, and Leasehold Improvements to which NASA has title,
regardless of value.
(g) Equipment. Includes costs of commercially available personal property
capable of stand-alone use in manufacturing supplies, performing services, or
any general or administrative purpose
(for example, machine tools, furniture,
vehicles, computers, software, test
equipment, including their accessory
or auxiliary items). Software integrated into and necessary to operate
another item of Government property
is considered to be an auxiliary item
(see FAR 45.501) and should be considered part of the item of which it is an
integral part. Other software to which
NASA has title shall be classified as an
individual item of equipment for reporting purposes if it has a useful life
of 2 years or more and acquisition cost
of $1,000,000 or more (also see 1845.7101–
3(g)). Enhancement costs for existing
software should be added to the software acquisition cost if the enhancement results in significant additional
capability beyond that for which the
software was originally developed (i.e.,
a capability that was not included in
the original software specifications,
the total cost of the enhancement is
$1,000,000 or more, or the expected useful life of the enhanced software is 2
years or more). Software licenses are
excluded. Contractors shall separately
report:
(1) The amount for all items with a
unit acquisition cost of $500,000 or more
and a useful life of two years or more;
and
(2) All other items.
(h) Special tooling. Includes costs of
equipment and manufacturing aids
(and their components and replacements) of such a specialized nature
that, without substantial modification
or alteration, their use is limited to development or production of particular
supplies or parts, or performance of
particular services (see FAR 45.101).
Examples include jigs, dies, fixtures,
molds, patterns, taps and gauges. Contractors shall separately report:
(1) The amount for all items with a
unit acquisition cost of $500,000 or more
and a useful life of two years or more;
and
(2) All other items.
(i) Special test equipment. Includes
costs of equipment used to accomplish
special purpose testing in performing a
contract, and items or assemblies of
equipment (see FAR 45.101). Contractors shall separately report:
(1) The amount for all items with a
unit acquisition cost of $500,000 or more
and a useful life of two years or more;
and
(2) All other items.
(j) Material. Includes costs of NASAowned property held in inventory regardless of whether or not it is unique
to NASA programs, that may become a
part of an end item or be expended in
performing a contract. Examples include raw and processed material,
spares, parts, assemblies, small tools
and supplies. Material that is part of
work-in-process is not included. Contractors shall report the amount for all
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National Aeronautics and Space Administration
Materials in inventory, regardless of
unit acquisition cost.
(k) Agency-Peculiar Property. Includes
costs of completed items, unique to
NASA aeronautical and space programs, which are capable of standalone operation. Examples include research aircraft, reusable space vehicles, ground support equipment, prototypes, and mock-ups. The amount of
property, title to which vests in NASA
as a result of progress payments to
fixed price subcontractors, shall be included to reflect the pro rata cost of
undelivered agency-peculiar property.
Completed end items not related to the
International Space Station or the
Space Shuttle program which otherwise meet the definition of Agency-Peculiar Property, and are destined for
permanent operation in space, such as
satellites and space probes, shall not be
reported. Contractors shall separately
report:
(1) The amount for all items with a
unit acquisition cost of $500,000 or more
and a useful life of two years or more;
and
(2) All other items.
(l) Contract Work-in-Process. Work-inprocess (WIP) consists of property
items under construction (i.e., not
complete). It includes costs of all
work-in-process regardless of value,
and excludes costs of completed items
reported in other categories. While the
costs of WIP for International Space
Station and Space Shuttle components
should be included as WIP, satellites
and space probes and their components
should be excluded from WIP as those
items will be accounted for by NASA.
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[65 FR 54814, Sept. 11, 2000, as amended at 65
FR 82297, Dec. 28, 2000; 66 FR 41806, Aug. 9,
2001; 67 FR 68534, Nov. 12, 2002; 68 FR 62024,
Oct. 31, 2003; 80 FR 51958, Aug. 27, 2015]
1845.7101–2 Transfers of property.
A transfer is a change in accountability between and among prime contracts, NASA Centers, and other Government agencies (e.g., between contracts of the same NASA Center, contracts of different NASA Centers, a
contract of one NASA Center to another, a NASA Center to a contract of
another NASA Center, and a contract
to another Government agency or its
contract). To enable NASA to properly
1845.7101–2
control and account for all transfers,
they shall be adequately documented.
Adequate documentation includes the
appropriate dollar amount of the
asset(s) transferred (as prescribed in
1845.7101–3) and the formal, signed
NASA or contractor authorization approving the transfer. In addition, procurement, property, and financial organizations at NASA Centers must effect
all transfers of accountability, although physical shipment and receipt
of property may be made directly by
contractors. The procedures described
in this section shall be followed to provide an administrative and audit trail,
even if property is physically shipped
directly from one contractor to another. Property shipped between September 1 and September 30, inclusively,
shall be accounted for and reported by
the shipping contractor, regardless of
the method of shipment, unless written
evidence of receipt at destination has
been received. Repairables provided
under fixed price repair contracts that
include the clause at 1852.245–72, Liability for Government Property Furnished for Repair or Other Services, remain accountable to the cognizant
NASA Center and are not reportable on
NF 1018; repairables provided under a
cost-reimbursement contract, however,
are accountable to the contractor and
reportable on NF 1018. All materials
provided to conduct repairs are reportable, regardless of contract type.
(a) Approval and notification. The contractor must obtain approval of the
contracting officer or designee for
transfers of property off the prime contract before shipment. Each shipping
document must be signed by the contracting officer or designee demonstrating such approval. Each shipping document must contain contract
numbers, shipping references, property
classifications in which the items are
recorded (including Federal Supply
Classification group (FSC) codes for
equipment), unit acquisition costs (as
defined in 1845.7101–3, Unit Acquisition
Cost), original Government acquisition
dates for items with a unit acquisition
cost of $500,000 or more and a useful life
of two years or more, and any other appropriate identifying or descriptive
data. Where the DD Form 250, Material
Inspection and Receiving Report, is
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1845.7101–3
48 CFR Ch. 18 (10–1–21 Edition)
used, the FSC code will be part of the
national stock number (NSN) entered
in Block 16 or, if the NSN is not provided, the FSC alone shall be shown in
Block 16. The original Government acquisition date shall be shown in Block
23, by item. Other formats, such as the
DD Form 1149, Requisition and Invoice/
Shipping Document, should be clearly
annotated with the required information. Unit acquisition costs shall be obtained from records maintained pursuant to FAR part 45 and this part 1845,
or, for uncompleted items where property records have not yet been established, from such other record systems
as are appropriate such as manufacturing or engineering records used for
work control and billing purposes.
Shipping contractors shall furnish a
copy of the formally approved shipping
document to the cognizant property
administrator. Shipping and receiving
contractors shall promptly submit copies of shipping and receiving documents to the Center Deputy Chief Financial Officer, Finance, responsible
for their respective contracts when accountability for NASA property is
transferred to, or received from, other
contracts, contractors, NASA Centers,
or Government agencies.
(b) Reclassification. If property is
transferred to another contract or contractor, the receiving contractor shall
record the property in the same property classification and amount appearing on the shipping document. For example, when a contractor receives an
item from another contractor that is
identified on the shipping document as
equipment, but that the recipient intends to incorporate into special test
equipment, the recipient shall first
record the item in the equipment account and subsequently reclassify it as
special test equipment. Reclassification of equipment, special tooling, special test equipment, or agency-peculiar
property requires prior approval of the
contracting officer or a designee.
(c) Incomplete documentation. If contractors receive transfer documents
having insufficient detail to properly
record the transfer (e.g., omission of
property classification, FSC, unit acquisition cost, Government acquisition
date, required signatures, etc.) they
shall request the omitted data directly
from the shipping contractor or
through the property administrator.
The contracting officer shall assist the
Government Property Administrator
and the receiving contractor to obtain
all required information for the receiving contractor to establish adequate
property records.
[65 FR 54815, Sept. 11, 2000, as amended at 66
FR 41806, Aug. 9, 2001; 67 FR 68534, Nov. 12,
2002; 68 FR 62025, Oct. 31, 2003; 76 FR 2006,
Jan. 12, 2011; 80 FR 51958, Aug. 27, 2015]
1845.7101–3
Unit acquisition cost.
(a) The unit acquisition cost shall include all costs incurred to bring the
property to a form and location suitable for its intended use. The following
is representative of the types of costs
that shall be included, when applicable:
(1) Amounts paid to vendors or other
contractors.
(2) Transportation charges to the
point of initial use.
(3) Handling and storage charges.
(4) Labor and other direct or indirect
production costs (for assets produced
or constructed).
(5) Engineering, architectural, and
other outside services for designs,
plans, specifications, and surveys.
(6) Acquisition and preparation costs
of buildings and other facilities.
(7) An appropriate share of the cost
of the equipment and facilities used in
construction work.
(8) Fixed equipment and related installation costs required for activities
in a building or facility.
(9) Direct costs of inspection, supervision, and administration of construction contracts and construction work.
(10) Legal and recording fees and
damage claims.
(11) Fair values of facilities and
equipment donated to the Government.
(b) Acquisition cost shall include,
where appropriate, for contractor acquired property, related fees, or a pro
rata portion of fees, paid by NASA to
the contractor. Situations where inclusion of fees in the acquisition cost
would be appropriate are those in
which the contractor designs, develops,
fabricates or purchases property for
NASA and part of the fees paid to the
contractor by NASA are related to that
effort.
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National Aeronautics and Space Administration
(c) Acquisition cost shall be developed using actual costs to the greatest
extent possible, especially costs directly related to fabrication such as
labor and materials. Where estimates
are used, there must be a documented
methodology based on a historical
basis. All acquisition costs shall be
properly documented, supported and
retained. Supporting documentation
shall be made available upon request.
(d) The use of weighted average
methodologies is acceptable for valuation of Material.
(e) Contractors shall report unit acquisition costs using records that are
part of the prescribed property or financial control system as provided in
this section. Fabrication costs shall be
based on approved systems or procedures and include all direct and indirect costs of fabrication.
(f) Only modifications that improve
an item’s capacity or extend its useful
life two years or more and that cost
$500,000 or more shall be reported on
the NF 1018 on the $500,000 & Over line.
The costs of any other modifications,
excluding routine maintenance, will be
reported on the Under $500,000 line. If
an item’s original unit acquisition cost
is less than $500,000, but a single subsequent modification costs $500,000 or
more, that modification only will be
reported as an item $500,000 or more on
subsequent NF 1018s. The original acquisition cost of the item will continue
to be included in the under $500,000
total. The quantity for the modified
item will remain ‘‘1’’ and be reported
with the original acquisition cost of
the item. If an item’s acquisition cost
is reduced by removal of components so
that its remaining acquisition cost is
under $500,000, it shall be reported as
under $500,000.
(g) Software acquisition costs include
software costs incurred up through acceptance testing and material internal
costs incurred to implement the software and otherwise make the software
ready for use. Costs incurred after acceptance testing are excluded. License,
maintenance, training, and data conversion costs are also excluded. If the
software is purchased as part of a package, the costs will need to be segregated in such manner as to ensure
that the excluded costs (maintenance,
1845.7101–3
training, etc.) are not reported as part
of the software’s acquisition cost. Enhancement costs for existing software
should be added to the acquisition cost
if the enhancement results in significant additional capability beyond that
for which the software was originally
developed (i.e. a capability that was
not included in the original software
specifications), the total cost of the enhancement is $1,000,000 or more, and
the expected useful life of the enhanced
software is 2 years or more. Include the
same types of cost as indicated above
under new software. Costs incurred
solely to repair a design flaw or perform minor upgrades should not be included.
(h) The computation of work in process (WIP) shall include all direct and
indirect costs of fabrication, including
associated systems, subsystems, and
spare parts and components furnished
or acquired and charged to work in
process pending incorporation into a
finished item. These types of items
make up what is sometimes called production inventory and include programmed extra units to cover replacement during the fabrication process
(production spares). Also included are
deliverable items on which the contractor or a subcontractor has begun
work, and materials issued from inventory. The computation of WIP shall incorporate the other requirements for
unit acquisition cost as outlined in
paragraphs (a) through (e) of this section. In addition, acquisition cost of
property furnished by the Government,
which has been incorporated in the
property item under construction or in
process of fabrication, should be included. Do not include costs for operation or repairing existing completed
property items. Once the property is
complete, include all the costs outlined
above in its acquisition value in the
property record. The WIP values are inception to date until such time as the
WIP is completed. It does not include
future costs.
[65 FR 54815, Sept. 11, 2000, as amended at 66
FR 41806, Aug. 9, 2001; 67 FR 68534, Nov. 12,
2002; 68 FR 62025, Oct. 31, 2003; 80 FR 51958,
Aug. 27, 2015]
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1845.7101–4
48 CFR Ch. 18 (10–1–21 Edition)
1845.7101–4 Types of deletions from
contractor property records.
Contractors shall report the types of
deletions
from
contract
property
records as described in this section.
(a) Lost, damaged or destroyed. Deletion amounts that result from relief
from responsibility under FAR 45.503
granted during the reporting period.
(b) Transferred in Place. Deletion
amounts that result from transfer of
property to a follow-on prime contract
or other prime contract with the same
contractor.
(c) Transferred to NASA Center accountability. Deletion amounts that result from transfer of accountability to
the NASA Center responsible for the
contract, whether or not items are
physically moved.
(d) Transferred to another NASA Center. Deletion amounts that result from
transfer of accountability to a NASA
Center other than the one responsible
for the contract, whether or not items
are physically moved.
(e) Transferred to another Government
agency. Deletion amounts that result
from transfer of property to another
Government agency.
(f) Purchased at cost/returned for credit.
Deletion amounts that result from contractor purchase or retention of contractor acquired property as provided
in FAR 45.605–1, or from contractor returns to suppliers under FAR 45.605–2.
(g) Disposed of through plant clearance
process. Deletions other than transfers
within the Federal Government, e.g.,
donations to eligible recipients, sold at
less than cost, or abandoned/directed
destruction, or trade-ins.
(h) Other. Types of deletion other
than those reported in paragraph (a)
through (g) of this section such as
those resulting from reclassifications
(e.g. from equipment to agency-peculiar property).
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[65 FR 54816, Sept. 11, 2000, as amended at 66
FR 41806, Aug. 9, 2001; 67 FR 68535, Nov. 12,
2002]
1845.7101–5 Contractor’s privileged financial and business information.
If a transfer of property between contractors involves disclosing costs of a
proprietary nature, the contractor
shall furnish unit acquisition costs
only on copies of shipping documents
sent to the shipping and receiving
NASA Centers.
[65 FR 54816, Sept. 11, 2000, as amended at 66
FR 41806, Aug. 9, 2001]
PART 1846—QUALITY ASSURANCE
Subpart 1846.1—General
Sec.
1846.102
Policy.
Subpart 1846.3—Contract Clauses
1846.370
NASA contract clauses.
Subpart 1846.4—Government Contract
Quality Assurance
1846.470
Contract clause.
Subpart 1846.6—Material Inspection and
Receiving Reports
1846.670 Introduction.
1846.670–1 General.
1846.670–2 Applicability.
1846.670–3 Use.
1846.670–4 Multiple shipments.
1846.670–5 Forms.
1846.671 Contract quality assurance on shipments between contractors.
1846.672 Preparing DD Forms 250 and 250c.
1846.672–1 Preparation instructions.
1846.672–2 Consolidated shipments.
1846.672–3 Multiple consignee instructions.
1846.672–4 Correction instructions.
1846.672–5 Packing list instructions.
1846.672–6 Receiving instructions.
1846.673 Distribution of DD Forms 250 and
250c.
1846.674 Contract clause.
Subpart 1846.70—Counterfeit Electronic
Part Detection and Avoidance.
1846.7000
1846.7001
1846.7002
1846.7003
Scope of subpart.
Definitions.
Policy.
Contract clause.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 62 FR 14024, Mar. 25, 1997, unless
otherwise noted.
Subpart 1846.1—General
1846.102 Policy.
(f) See NPR 8735.2, Section 2.1, concerning quality assurance for critical
acquisition items. Generally, the quality assurance requirements set forth in
the NPR for critical acquisition items
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National Aeronautics and Space Administration
are not allowed under part 12 procedures. See FAR 12.208.
[80 FR 12944, Mar. 12, 2015]
Subpart 1846.3—Contract Clauses
1846.370 NASA contract clauses.
The contracting officer shall insert
the clause at 1852.246–73, Human Space
Flight Item, in solicitations and contracts for human space flight hardware
and flight-related equipment if the
highest available quality standards are
necessary to ensure astronaut safety.
[80 FR 60554, Oct. 7, 2015]
Subpart 1846.4—Government
Contract Quality Assurance
Subpart 1846.6—Material
Inspection and Receiving Reports
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(2) Providing evidence of acceptance
at origin or destination;
(3) Packing lists;
(4) Receiving;
(5) Shipping; and
(6) Contractor invoice support.
(b) Do not use MIRRs for shipments—
(1) By subcontractors, unless the subcontractor is shipping directly to the
Government; or,
(2) Of contract inventory.
(c) The contractor prepares the DD
Form 250, except for entries that an authorized Government representative is
required to complete. The contractor
shall furnish sufficient copies of the
completed form, as directed by the
Government Representative.
[80 FR 12945, Mar. 12, 2015]
1846.470 Contract clause.
The contracting officer may insert a
clause substantially as stated at
1852.246–71, Government Contract Quality Assurance Functions, in solicitations and contracts to specify the location(s) of quality assurance functions.
1846.670
1846.671
Introduction.
1846.670–4 Multiple shipments.
(a) If the ‘‘shipped to,’’ ‘‘marked for,’’
‘‘shipped from,’’ ‘‘CQA,’’ and ‘‘acceptance’’ data are the same for more than
one shipment made on the same day
under the same contract in a single
car, truck, or other vehicle, one MIRR
shall be prepared to cover all such shipments.
(b) If the volume of the shipments
precludes the use of a single car, truck,
or other vehicle, a separate MIRR shall
be provided for each vehicle.
1846.670–1 General.
This subpart contains procedures and
instructions for use of the DD Form
250, Material Inspection and Receiving
Report (MIRR), (DD Form 250 series
equivalents, and commercial shipping/
packing lists used to document Government
contract
quality
assurance
(CQA).
[62 FR 14024, Mar. 25, 1997, as amended at 69
FR 44610, July 27, 2004]
[80 FR 12944, Mar. 12, 2015]
[80 FR 12945, Mar. 12, 2015]
1846.670–2 Applicability.
(a) This subpart applies to supplies or
services acquired by or for NASA when
the clause at 1852.246–72, Material Inspection and Receiving Report, is included in the contract.
[80 FR 12944, Mar. 12, 2015]
1846.671 Contract quality assurance
on shipments between contractors.
(a) The supplier’s commercial shipping document/packing list shall indicate performance of required CQA actions at subcontract level.
The following entries shall be made
on the document/packing list:
1846.670–3 Use.
(a) The DD Form 250 is a multipurpose report used for—
(1) Providing evidence of CQA at origin or destination;
Required CQA of items has been performed.
llllllllllllllllllllllll
(Signature of Authorized Government Representative)
llllllllllllllllllllllll
(Date)
1846.670–5 Forms.
An electronic copy of the DD Form
250 may be downloaded from the General Services Administration’s Forms
Library at http://www.gsa.gov/portal/category/100000.
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1846.672
48 CFR Ch. 18 (10–1–21 Edition)
llllllllllllllllllllllll
(Typed Name and Office)
(b) Distribution for Government purposes shall be one copy each—
(1) With shipment;
(2) For the Government representative at consignee (via mail); and
(3) For the Government representative at consignor.
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1846.672 Preparing DD Forms 250 and
250c.
1846.672–1 Preparation instructions.
(a) General. (1) Dates shall include
nine spaces consisting of the four digits
of the year, the first three letters of
the month, and two digits for the date
(e.g., 2012SEP24).
(2) Addresses shall consist of the
name, street address/P.O. box, city,
State, and ZIP code.
(3) The data entered in the blocks at
the top of DD Form 250C shall be identical to the comparable entries in
Blocks 1, 2, 3, and 6 of the DD Form 250.
(4) Overflow data of the DD Form 250
shall be entered in Block 16 or in the
body of the DD Form 250c with block
cross reference. Additional DD Form
250c sheets solely for continuation of
Block 23 data shall not be numbered or
distributed as part of the MIRR.
(b) Classified information. Do not include classified information on the
MIRR. MIRRs must not be classified.
(c) Block 1—PROCUREMENT INSTRUMENT IDENTIFICATION (CONTRACT
NUMBER). Enter the ten-character,
alpha-numeric procurement identifier
of the contract.
(d) Block 2—SHIPMENT NO. (1) The
shipment number is a three-alpha character prefix and a four-character numeric or alpha-numeric serial number.
(i) The prefix shall be controlled and
assigned by the prime contractor and
shall consist of three alpha characters
for each ‘‘shipped from’’ address (Block
11). The prefix shall be different for
each ‘‘Shipped From’’ address and shall
remain constant throughout the contract period.
(ii) The serial number for the first
shipment under a prime contract from
each ‘‘shipped from’’ address shall be
0001; subsequent shipments under that
prime contract shall be consecutively
numbered. Alpha-numerics shall be
used when more than 9,999 numbers are
required. Alpha-numerics shall be serially assigned, with the alpha in the
first position, followed by the three-position numeric serial number. The
alpha-numeric sequence shall be (the
letters I and O shall not be used) A001
through A999 (10,001 through 10,999);
B001 through B999 (11,001 through
11,999); to Z999. When this series is
completely used, numbering shall revert to 0001.
(2) The shipment number of the initial shipment shall be reassigned when
a ‘‘replacement shipment’’ is involved
(see paragraph (r)(4)(iv) of this section).
(3) The prime contractor shall control deliveries and on the last shipment
of the contract shall suffix the shipment number with a ‘‘Z’’ in addition to
that required for line items (see Block
17). If the contract final shipment is
from other than the prime contractor’s
plant, the prime contractor may elect
(i) To direct the subcontractor to suffix the ‘‘Z’’ or
(ii), On receipt of the subcontractor
final shipment information, to correct
the DD Form 250 covering the last shipment from the prime contractor’s plant
by adding a ‘‘Z’’ to that shipment number.
(e) Block 3—DATE SHIPPED. Enter
the date the shipment is released to
the carrier or the date of completion of
services. If the shipment will be released after the date of CQA and/or acceptance, enter the estimated date of
release. When the date is estimated,
enter an ‘‘E’’ after it. Distribution of
the MIRR shall not be delayed for
entry of the actual shipping date.
Reissurance of the MIRR is not required to show the actual shipping
date.
(f) Block 4—B/L TCN. When applicable, enter the commercial or Government bill of lading number after ‘‘B/L’’;
and the Transportation Control Number after ‘‘TCN.’’
(g) Block 5—DISCOUNT TERMS. (1)
The Contractor may enter the discount
in terms of percentages on all copies of
the MIRR.
(2) When the MIRR is used as an invoice, see 1846.672–5.
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National Aeronautics and Space Administration
(h) Block 6—INVOICE. The contractor
may enter the invoice number and actual or estimated date on all copies of
the MIRR. When the date is estimated,
enter an ‘‘E’’ after the date. Do not
correct MIRRs to reflect the actual
date of invoice submission.
(i) Block 7—PAGE/OF. Consecutively
number the pages comprising the
MIRR. On each page, enter the total
number of pages of the MIRR.
(j) Block 8—ACCEPTANCE POINT.
Enter an ‘‘S’’ for origin or ‘‘D’’ for destination as specified in the contract as
the point of acceptance.
(k) Block 9—PRIME CONTRACTOR.
Enter the Commercial and Government
Entity (CAGE) code and address.
(l) Block 10—ADMINISTERED BY.
Enter the code and address of the contracting office cited in the contract.
(m) Block 11—SHIPPED FROM/CODE/
FOB. (1) Enter the code and address of
the ‘‘shipped from’’ location. If identical to Block 9, enter ‘‘See Block 9.’’
(2) For performance of services that
do not require delivery of items upon
completion, enter the code and address
of the location at which the services
were performed. If the DD Form 250
covers performance at multiple locations or if identical to Block 9, enter
‘‘See Block 9.’’
(3) Enter on the same line and to the
right of ‘‘FOB’’ an ‘‘S’’ for origin or
‘‘D’’ for destination as specified in the
contract. Enter an alphabetic ‘‘O’’ if
the FOB point cited in the contract is
other than origin or destination.
(n) Block 12—PAYMENT WILL BE
MADE BY. Enter the address of the
payment office cited in the contract.
(o) Block 13—SHIPPED TO/CODE.
Enter the code and address from the
contract or shipping instructions.
(p) Block 14—MARKED FOR/CODE.
Enter the code and address from the
contract or shipping instructions.
(q) Block 15—ITEM NO. Enter the
item number used in the contract. If
four or fewer digits are used, position
them to the left of the vertical dashed
line. Where a six-digit identification is
used, enter the last two digits to the
right of the vertical dashed line.
(r) Block 16—STOCK/PART NO./DESCRIPTION. (1) Enter, as applicable,
for each item, using single spacing between each line item, the following:
1846.672–1
(i) The National Stock Number (NSN)
or noncatalog number and, if applicable, prefix or suffix. When a number is
not provided or it is necessary to supplement the number, include other
identification such as the manufacturer’s name or Federal Supply Code (as
published in Cataloging Handbook H4–
1), and part numbers. Additional part
numbers may be shown in parentheses.
Also enter the descriptive noun of the
item nomenclature and, if provided,
the Government-assigned management/
material control code. In the case of
equal-kind supply items, the first entry
shall be the description without regard
to kind (e.g., ‘‘Resistor’’). Below this
description, enter the contract item
number in Block 15 and stock/part
number followed by the size or type in
Block 16.
(ii) On the next printing line, if required by the contract for control purposes, enter the make, model, serial
number, lot, batch, hazard indicator,
and/or similar description.
(iii) On the next printing line, enter
the FEDSTRIP requisition number(s)
when provided in the contract or shipping instructions.
(2) For service items, enter the word
‘‘SERVICE’’ followed by a short description of less than 20 characters. Do
not complete items 4, 13, and 14 when
material is not shipped.
(3) For all contracts administered by
the Defense Contract Management
Agency, with the exception of fast pay
procedures, enter and complete the following:
Gross Shipping Wt.l(State weight in
pounds only).
(4) Enter on the next line the following as appropriate (entries may be
extended through Block 20). When entries apply to more than one item in
the MIRR, enter them only once after
the last item and reference the applicable item numbers.
(i) Enter in capital letters any special handling instructions/limits for
material environmental control (e.g.,
temperature, humidity, aging, freezing,
and shock).
(ii) When an NSN is required by, but
not cited in, a contract and has not
been furnished by the Government,
shipment may be made at the direction
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1846.672–1
48 CFR Ch. 18 (10–1–21 Edition)
of the contracting officer. Enter the
authority for the shipment.
(iii)
When
Government-furnished
property (GFP) is included with or incorporated into the line item, enter
‘‘GFP’’.
(iv) When the shipment consists of
replacements for supplies previously
furnished, enter in capital letters
‘‘REPLACEMENT SHIPMENT’’ (see
paragraph (s)(3) of this section for replacement indicators.)
(v) For items shipped with missing
components, enter and complete the
following: ‘‘Item(s) shipped short of the
following component(s): FSN or comparable identification llll, Quantity llll, Estimated Value llll,
Authority llll.’’
(vi) When shipment is made of components that were short on a prior
shipment, enter and complete the following: ‘‘These components were listed
as shortages on Shipment Number
llll, date shipped llll.’’
(vii) When shipments involve drums,
cylinders, reels, containers, skids, etc.,
designated as returnable under contract provisions, enter and complete
the following: ‘‘Return to llll,
Quantity llll, Item llll, Ownership (Government/contractor).’’
(viii) Enter shipping container number(s), the type, and the total number
of the shipping container(s) included in
the shipment.
(ix) The MIRR shall be used to record
and report the waivers and deviations
from contract specifications, including
the source and authority for the waiver
or deviation (e.g., the contracting office authorizing the waiver or deviation and the identification of the authorizing document).
(x) For shipments involving discount
terms, enter ‘‘DISCOUNT EXPEDITE’’
in at least one-inch outline-type letters.
(xi) When test/evaluation results are
a condition of acceptance and are not
available before shipment, the following note shall be entered if the shipment is approved by the contracting officer: ‘‘Note: Acceptance and payment
are contingent upon receipt of approved test/evaluation results.’’ The
contracting officer will advise (A) the
consignee of the results (approval/disapproval) and (B) the contractor to
withhold invoicing pending attachment
to its invoice of the approved test/evaluation
(xii) The copy of the DD Form 250 required to support payment for destination acceptance (top copy of the four
with shipment) or Alternative Release
Procedure (ARP) origin acceptance (additional copy furnished to the Quality
Assurance Representative (QAR)) shall
be identified by entering ‘‘PAYMENT
COPY’’ in approximately one-half-inch
outline-type letters with ‘‘FORWARD
TO BLOCK 12 ADDRESS’’ in approximately one-quarter-inch letters immediately below. Do not obliterate any
other entries.
(xiii) A double line shall be drawn
completely across the form following
the last entry.
(s) Block 17—QUANTITY SHIP/REC’D.
(1) Enter the quantity shipped, using
the unit of measure indicated in the
contract for payment. When a second
unit of measure is used for purposes
other than payment, enter the appropriate quantity directly below in parentheses.
(2) Enter a ‘‘Z’’ below the first digit
of the quantity when the total quantity of the item is delivered, including
variations within contract terms; and
all shortages on items previously
shipped short are delivered.
(3) If a replacement shipment is involved, enter below the first digit of
the quantity the letter ‘‘A’’ top designate first replacement, ‘‘B’’ for second replacement, and so forth. The
final shipment indicator ‘‘Z’’ shall not
be used when a final line item shipment is replaced.
(t) Block 18 UNIT. Enter the abbreviation of the unit of measure indicated in
the contract for payment. When a second unit of measure is indicated in the
contract for purposes other than payment or is used for shipping purposes,
enter the abbreviation of the second
unit of measure directly below in parentheses. Authorized abbreviations
are listed in MIL-STD-129, Marking for
Shipping and Storage.
(u) Block 19—UNIT PRICE. Enter the
unit price on all NASA copies whenever
the MIRR is used for voucher or receiving purposes.
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National Aeronautics and Space Administration
(v) Block 20—AMOUNT. Enter the extended amount when the unit price is
entered in Block 19.
(w) Block 21—CONTRACT QUALITY
ASSURANCE. The words ‘‘conform to
contract’’ contained in the printed
statements in Blocks A and B relate to
contract obligations pertaining to
quality and to the quantity of the
items on the report. The statements
shall not be modified. Notes taking exception shall be entered in Block 16 or
on attached supporting documents
with block cross reference.
(1) ‘‘A. ORIGIN.’’
(i) The authorized Government representative shall—
(A) Place an ‘‘X’’ when applicable in
the appropriate CQA and/or acceptance
box(es) to evidence origin CQA and/or
acceptance. When the contract requires
CQA at destination in addition to origin CQA, an asterisk shall be entered
at the end of the statement and an explanatory note in Block 16;
(B) Sign and date; and
(C) Enter the typed, stamped, or
printed name of the signer and office
code.
(2) ‘‘B. DESTINATION.’’
(i) When acceptance at origin is indicated in Block 21A, no entries shall be
made in Block 21B.
(ii) When acceptance of CQA and acceptance are at destination, the authorized Government representative
shall—
(A) Place an ‘‘X’’ in the appropriate
box(es);
(B) Sign and date; and
(C) Enter the typed, stamped, or
printed name of the signer and office
code.
(x) Block 22—RECEIVER’S USE. This
block shall be used by the receiving authority (Government or contractor) to
denote receipt, quantity, and condition. The receiving activity shall enter
in this block the date the supplies arrived. For example, when off-loading or
in-checking occurs subsequent to the
day of arrival of the carrier at the installation, the date of the carrier’s arrival is the date received for purposes
of this block.
1846.672–4
(y) Block 23—CONTRACTOR USE
ONLY. This block is provided and reserved for contractor use.
[62 FR 14024, Mar. 25, 1997, as amended at 80
FR 12945, Mar. 12, 2015]
1846.672–2 Consolidated shipments.
When individual shipments are held
at the contractor’s plant for authorized
transportation consolidation to a single destination on a single bill of lading, the applicable DD Forms 250 may
be prepared at the time of CQA or acceptance prior to the time of actual
shipment (see Block 3).
1846.672–3 Multiple consignee instructions.
The contractor may prepare one
MIRR when the identical item(s) of a
contract is to be shipped to more than
one consignee, with the same or varying quantities, and the shipment requires origin acceptance. Prepare the
MIRR using the procedures in this subpart with the following changes:
(a) Blocks 2, 4, 13, and, if applicable,
14—Enter ‘‘See Attached Distribution
List.’’
(b) Block 15—The contractor may
group item numbers for identical
stock/part number and description.
(c) Block 17—Enter the ‘‘total’’ quantity shipped by item or, if applicable,
grouped identical items.
(d) Use the DD Form 250c to list each
individual ‘‘Shipped To’’ and ‘‘Marked
For’’ with—
(1) Code(s) and complete shipping address and a sequential shipment number for each;
(2) Item number(s);
(3) Quantity;
(4) The FEDSTRIP requisition number and quantity for each when provided in the contract or shipping instructions; and
(5) If applicable, bill of lading number
and mode of shipment code.
1846.672–4 Correction instructions.
When, because of errors of omissions,
it is necessary to correct the MIRR
after distribution, it shall be revised by
correcting the original master and distributing the corrected form. The corrections shall be made as follows:
(a) Circle the error and place the corrected information in the same block.
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1846.672–5
48 CFR Ch. 18 (10–1–21 Edition)
If space is limited, enter the corrected
information in Block 16, referencing
the error page and block.
(b) When corrections are made to
Blocks 15 and 17, enter the words
‘‘CORRECTIONS
HAVE
BEEN
VERIFIED’’ on page 1. The authorized
Government representative shall date
and sign immediately below the statement. This verification statement and
signature are not required for other
corrections.
(c) MIRRs shall not be corrected for
Block 19 and 20 entries.
(d) Clearly mark pages of the MIRR
requiring correction with the words
‘‘CORRECTED COPY’’, avoiding obliteration of any other entries. Even
though corrections are made on continuation sheets only, also mark page 1
‘‘CORRECTED COPY’’.
(e) Page 1 and only those continuation pages marked ‘‘CORRECTED
COPY’’ shall be distributed to the initial distribution. A complete MIRR
with corrections shall be distributed to
new addressee(s) created by error corrections.
1846.672–5
Packing list instructions.
Copies of the MIRR may be used as a
packing list. The packing list copies
shall be in addition to the copies of the
MIRR required for distribution (see
1846.673) and shall be marked ‘‘PACKING LIST’’.
[62 FR 14024, Mar. 25, 1997. Redesignated at 80
FR 12945, Mar. 12, 2015]
1846.672–6
Receiving instructions.
When the MIRR is used for receiving
purposes, procedures shall be as prescribed by local directives. If acceptance or CQA and acceptance of supplies
are required upon arrival at destination, see Block 21B for instructions.
[62 FR 14024, Mar. 25, 1997. Redesignated at 80
FR 12945, Mar. 12, 2015]
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1846.673 Distribution of DD Forms 250
and 250c.
(a) DD Forms 250 and 250c shall be
distributed in accordance with installation procedures.
(b) The contractor is responsible for
distributing DD Forms 250 and 250c in
accordance with the provisions of the
contract or instructions of the contracting officer.
1846.674 Contract clause.
The contracting officer shall insert
the clause at 1852.246–72, Material Inspection and Receiving Report, in solicitations and contracts when there
will
be
separate
and
distinct
deliverables, even if the deliverables
are not separately priced. The clause is
not required for—
(1) Contracts awarded using simplified acquisition procedures;
(2) Negotiated subsistence contracts;
or
(3) Contracts for which the deliverable is a scientific or technical report.
Insert number of copies and distribution instructions in paragraph (a).
[80 FR 12945, Mar. 12, 2015]
Subpart
1846.70—Counterfeit
Electronic Part Detection and
Avoidance.
SOURCE: 85 FR 52927, Aug. 28, 2020, unless
otherwise noted.
1846.7000 Scope of subpart.
This subpart implements section
823(c), the NASA Transition Authorization Act of 2017 (Pub. L. 115–10).
(a) Prescribes policy and procedures
for preventing counterfeit electronic
parts and suspect counterfeit electronic parts from entering the supply
chain when procuring electronic parts
or end items, components, parts, or assemblies that contain electronic parts;
and
(b) Applies to electronic parts when
their presence in the NASA supply
chain poses a danger to United States
government astronauts, crew, and
other personnel and a risk to the agency overall.
(c) Contracting officers, in consultation with the requiring activity, are responsible for making a determination
concerning the applicability of this
section and the appropriate use of the
prescribed contract clauses.
1846.7001 Definitions.
‘‘Authentic part’’ means a new and
unmodified part produced by the original component manufacturer, or a
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National Aeronautics and Space Administration
source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer.
‘‘Authentication’’ means a process to
verify that a part is not counterfeit or
suspect counterfeit.
‘‘Authorized aftermarket manufacturer’’ means an organization that fabricates an electronic part under a contract with, or with the express written
authority of, the original component
manufacturer based on the original
component manufacturer’s designs, formulas, and/or specifications.
‘‘Authorized supplier’’ means a supplier, distributor, or an aftermarket
manufacturer with a contractual arrangement with, or the express written
authority of, the original manufacturer
or current design activity to buy,
stock, repackage, sell, or distribute the
part.
‘‘Contract manufacturer’’ means a
company that produces goods under
contract for another company under
the label or brand name of that company.
‘‘Contractor-approved
supplier’’
means a supplier that does not have a
contractual agreement with the original component manufacturer, but has
been qualified as trustworthy by a contractor or subcontractor as having met
prescribed counterfeit electronic part
detection and avoidance system criteria using established counterfeit prevention industry standards and processes.
‘‘Covered contractor’’ means a contractor that supplies an electronic
part, or a product that contains an
electronic part, to NASA.
‘‘Counterfeit electronic part’’ means
an unlawful or unauthorized reproduction, substitution, or alteration that
has
been
knowingly
mismarked,
misidentified, or otherwise misrepresented to be an authentic, unmodified
electronic part from the original manufacturer, or a source with the express
written authority of the original manufacturer or current design activity,
including an authorized aftermarket
manufacturer. Unlawful or unauthorized substitution includes used electronic parts represented as new, or the
false identification of grade, serial
1846.7002
number, lot number, date code, or performance characteristics.
‘‘Electronic part’’ means a discrete
electronic component, including a
microcircuit, transistor, capacitor, resistor, or diode, that is intended for use
in a safety or mission critical application.
‘‘Original component manufacturer’’
means an organization that designs
and/or engineers a part and is entitled
to any intellectual property rights to
that part.
‘‘Original equipment manufacturer’’
means a company that manufactures
products that it has designed from purchased components and sells those
products under the company’s brand
name.
‘‘Original manufacturer’’ means the
original component manufacturer, the
original equipment manufacturer, or
the contract manufacturer.
‘‘Suspect counterfeit electronic part’’
means an electronic part for which
credible evidence (including, but not
limited to, visual inspection or testing)
provides reasonable doubt that the
electronic part is authentic.
1846.7002 Policy.
The government and its contractors
and subcontractors at all tiers are required to obtain electronic parts as
prescribed in this section, whether the
electronic parts are procured as discrete items or contained in an assembly.
(a) The covered contractor and subcontractors at all tiers shall obtain
electronic parts that are in production
or currently available in stock from—
(1) The original manufacturers of the
parts;
(2) Their authorized dealers; or
(3) Suppliers who obtain such parts
exclusively from the original manufacturers of the parts or their authorized
dealers.
(b) If electronic parts are not in production or currently available in stock
from suppliers as stated in paragraph
(a) of this section, the covered contractor shall obtain electronic parts
from NASA identified suppliers or contractor-approved suppliers for which—
(1) The covered contractor assumes
responsibility for the authenticity of
parts; and
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1846.7003
48 CFR Ch. 18 (10–1–21 Edition)
(2) The covered contractor performs
inspection, testing and authentication
of parts; and
(3) The covered contractor obtains
traceability information for the electronic parts (e.g., data code, lot code,
serial number) and provides this information to the contracting officer upon
request; and
(4) The selection of contractor-approved suppliers is subject to review
and audit by the contracting officer.
(c) The covered contractor, including
subcontractors, shall notify the applicable NASA contracting officer in writing not later than 30 calendar days
after the date the covered contractor
becomes aware, or has reason to suspect, that any end item, component,
part or material contained in supplies
purchased by NASA, or purchased by a
covered contractor or subcontractor
for delivery to, or on behalf of, NASA,
contains a counterfeit electronic part
or suspect counterfeit electronic part.
1846.7003 Contract clause.
For acquisitions with covered contractors as defined in section 1846.7001,
use the clause at 1852.246–74, Contractor
Counterfeit Electronic Part Detection
and Avoidance, in solicitations and
contracts, when procuring—
(a) Electronic parts;
(b) End items, components, parts, or
assemblies containing electronic parts;
or
(c) Services, if the covered contractor
will supply electronic parts or components, parts, or assemblies containing
electronic parts as part of the service.
PART 1847—TRANSPORTATION
1847.305–70 NASA contract clauses.
(a) The contracting officer may insert a clause substantially as stated at
1852.247–72, Advance Notice of Shipment, in solicitations and contracts
when the f.o.b. point is destination and
special Government assistance is required in the delivery or receipt of the
items.
(b) The contracting officer shall insert a clause substantially as stated at
1852.247–73, Bills of Lading, in f.o.b. origin solicitations and contracts.
[62 FR 14028, Mar. 25, 1997, as amended at 67
FR 38908, June 6, 2002]
Subpart 1847.70—Protection of the
Florida Manatee
1847.7001 Contract clause.
The contracting officer shall insert
the clause at 1852.247–71, Protection of
the Florida Manatee, in solicitations
and contracts when deliveries or vessel
operations, dockside work, or disassembly functions under the contract
will involve use of waterways inhabited
by manatees. The clause shall also be
included in applicable subcontracts (including vendor deliveries).
PART 1849—TERMINATION OF
CONTRACTS
SOURCE: 62 FR 14030, Mar. 25, 1997, unless
otherwise noted.
Sec.
1847.305 Solicitation provisions, contract
clauses, and transportation factors.
1847.305–70 NASA contract clauses.
Subpart 1847.70—Protection of the Florida
Manatee
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1847.305 Solicitation provisions, contract clauses, and transportation
factors.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
Subpart 1847.3—Transportation in Supply
Contracts
1847.7001
Subpart 1847.3—Transportation in
Supply Contracts
PART
1850—EXTRAORDINARY
CONTRACTUAL ACTIONS AND
THE SAFETY ACT
Subpart 1850.1—Extraordinary Contractual
Actions
Contract clause.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 62 FR 14028, Mar. 25, 1997, unless
otherwise noted.
Sec.
1850.102 Delegation of and limitations of exercise of authority.
1850.102–2 Contract adjustment boards.
1850.103 Contract adjustments.
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National Aeronautics and Space Administration
1850.103–5 Processing cases.
1850.103–570 Submission of request to the
Contract Adjustment Board.
1850.103–6 Disposition.
1850.103–670 Implementation of the Contract
Adjustment Board’s decision.
1850.104 Residual powers.
1850.104–2 General.
1850.104–3 Special procedures for unusually
hazardous or nuclear risks.
1850.104–370 Subcontractor indemnification
requests.
1850.104–4 Contract clause.
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 76 FR 72328, Nov. 23, 2011, unless
otherwise noted.
Subpart 1850.1—Extraordinary
Contractual Actions
1850.102 Delegation of and limitations
of exercise of authority.
1850.102–2 Contract
adjustment
boards.
14 CFR part 1209, subpart 3, Contract
Adjustment Board, establishes the Contract Adjustment Board (CAB) as the
approving authority to consider and
dispose of requests from NASA contractors for extraordinary contractual
actions.
1850.103
Contract adjustments.
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1850.103–5
Processing cases.
1850.103–570 Submission of request to
the Contract Adjustment Board.
(a) After investigating the facts and
issues relevant to the contractor’s request, the contracting officer shall forward the request to the Associate General Counsel for Contracts and Procurement Law, including in the forwarding letter—
(1) The nature of the case;
(2) The recommended disposition;
and,
(3) If contractual action is recommended, the contracting officer’s
opinion that the action will facilitate
the national defense.
(b) The forwarding letter shall enclose the contractor’s request, all supporting material submitted by the contractor, and any material the contracting officer has obtained while investigating the facts and issues relevant to the request. Any classified in-
1850.104–3
formation in the material forwarded
shall be so identified.
(c) Electronic submittal is preferred
for unclassified material.
[76 FR 72328, Nov. 23, 2011, as amended at 80
FR 36722, June 26, 2015]
1850.103–6
Disposition.
1850.103–670 Implementation of the
Contract Adjustment Board’s decision.
(a) The contracting officer shall take
action authorized in the CAB’s decision.
(b) Immediately upon execution, including any required Headquarters approval, of a contract or contract modification or amendment implementing
the CAB decision, the contracting officer shall forward a copy of the contractual document to the Associate General Counsel for Contracts and Procurement Law.
[76 FR 72328, Nov. 23, 2011, as amended at 80
FR 36722, June 26, 2015]
1850.104
Residual powers.
1850.104–2
General.
(a) Requests for the exercise of residual powers shall be sent to the Headquarters Office of Procurement, Program Operations Division for review
and processing. The NASA Administrator is the approval authority for the
Memorandum of Decision.
[80 FR 36722, June 26, 2015]
1850.104–3 Special procedures for unusually hazardous or nuclear risks.
(a) Indemnification requests. (1) Contractor indemnification requests must
be submitted to the cognizant contracting officer for the contract for
which the indemnification clause is requested. The request shall be submitted six (6) months in advance of the
desired effective date of the requested
indemnification in order to allow sufficient time for the request to be reviewed, analyzed, and approved by the
Agency. Contractors shall submit a
single request and shall ensure that duplicate requests are not submitted by
associated divisions, subsidiaries, or
central offices of the contractor.
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1850.104–370
48 CFR Ch. 18 (10–1–21 Edition)
(ii) The contractor’s request for indemnification must identify a sufficient factual basis for indemnification
by explaining specifically what work
activities under the contract create the
unusually hazardous or nuclear risk
and identifying the timeframes in
which the risk would be incurred.
(iii) The contractor shall also provide
evidence, such as a certificate of insurance or other customary proof of insurance, that such insurance is either in
force or is available and will be in force
during the indemnified period.
(b) Action on indemnification requests.
(1) If recommending approval, the contracting officer shall forward the required information to the NASA Headquarters Office of Procurement, Program Operations Division, along with
the following:
(i) For contracts of five years duration or longer, a determination, with
supporting rationale, whether the indemnification approval and insurance
coverage and premiums should be reviewed for adequacy and continued validity at points in time within the extended contract period.
(ii) The specific definition of the unusually hazardous risk to which the
contractor is exposed in the performance of the contract(s), including specificity about which activities present
such risk and the anticipated timeframes in which the risk will be incurred;
(iv) A complete discussion of the contractor’s financial protection program;
and
(vi) The extent to, and conditions
under, which indemnification is being
approved for subcontracts.
(2) The NASA Administrator is the
approval authority for using the indemnification clause in a contract by a
Memorandum of Decision.
(4)(ii) If approving subcontractor indemnification, the contracting officer
shall document the file with a memorandum for record addressing the items
set forth in FAR 50.104–3(b) and include
an analysis of the subcontractor’s financial protection program. In performing this analysis, the contracting
officer shall take into consideration
the availability, cost, terms and condi-
tions of insurance in relation to the
unusually hazardous risk.
[80 FR 36722, June 26, 2015]
1850.104–370 Subcontractor
nification requests.
Subcontractors shall submit requests
for indemnification to the prime contractor and through higher tier subcontractor(s), as applicable. If the prime
contractor agrees an indemnity clause
should be flowed down to the subcontractor, the prime contractor shall forward its written request for subcontractor indemnification to the cognizant contracting officer for approval
in accordance with FAR 50.104–3. The
prime contractor’s request shall provide information responsive to 1850.104–
3, FAR 50.104–3, and FAR 50.104–
3(b)(1)(i), (ii), (iv), (v), and (vii). The
agreed upon definition of the unusually
hazardous risk to be incorporated into
the subcontract shall be the same as
that incorporated in the prime contract.
1850.104–4
Contract clause.
The contracting officer shall obtain
the NASA Administrator’s approval
prior to including clause 52.250–1 in a
contract.
[80 FR 36722, June 26, 2015]
PART 1851—USE OF GOVERNMENT
SOURCES BY CONTRACTORS
AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 62 FR 14032, Mar. 25, 1997, unless
otherwise noted.
Subpart 1851.2—Contractor Use of
Interagency Fleet Management System (IFMS) Vehicles
1851.205
Contract clause.
When the clause at FAR 52.251–2 is included in a solicitation or contract,
also include the clause set forth at
1852.223–76.
[68 FR 43334, July 22, 2003]
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SUBCHAPTER H—CLAUSES AND FORMS
PART 1852—SOLICITATION PROVISIONS
AND
CONTRACT
CLAUSES
Sec.
1852.000
Scope of part.
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Subpart 1852.2—Texts of Provisions and
Clauses
1852.203–70 Display of Inspector General
Hotline Posters.
1852.203–71 Requirement to inform employees of whistleblower rights.
1852.204–75 Security classification requirements.
1852.204–76 Security requirements for unclassified information technology resources.
1852.208–81 Restrictions on printing and duplicating.
1852.209–70 [Reserved]
1852.209–71 Limitation
of
future
contracting.
1852.209–72 [Reserved]
1852.211–70 Packaging, handling, and transportation.
1852.213–70 Offeror Representations and Certifications—Other
Than
Commercial
Items.
1852.213–71 Evaluation—Other Than Commercial Items.
1852.214–70 Caution to offerors furnishing
descriptive literature.
1852.214–71 Grouping for aggregate award.
1852.214–72 Full quantities.
1852.215–77 Preproposal/pre-bid conference.
1852.215–78 Make or buy program requirements.
1852.215–79 Price adjustment for ‘‘Make- orBuy’’ changes.
1852.215–81 Proposal page limitations.
1852.215–84 Ombudsman.
1852.215–85 Proposal adequacy checklist.
1852.216–72 Award term.
1852.216–73 Estimated cost and cost sharing.
1852.216–74 Estimated cost and fixed fee.
1852.216–75 Payment of fixed fee.
1852.216–76 Award fee for service contracts.
1852.216–77 Award fee for end item contracts.
1852.216–78 Firm fixed price.
1852.216–80 Task ordering procedure.
1852.216–81 Estimated cost.
1852.216–83 Fixed price incentive.
1852.216–84 Estimated cost and incentive fee.
1852.216–85 Estimated cost and award fee.
1852.216–87 [Reserved]
1852.216–88 Performance incentive.
1852.216–89 Assignment and release forms.
1852.216–90 Allowability of legal costs incurred in connection with a whistleblower proceeding.
1852.217–70 [Reserved]
1852.217–71 Phased acquisition using downselection procedures.
1852.217–72 Phased acquisition using progressive competition down-selection procedures.
1852.219–11 Special 8(a) contract conditions.
1852.219–18 Notification of competition limited to eligible 8(a) concerns.
1852.219–73 Small business subcontracting
plan.
1852.219–74 Use of Rural Area Small Businesses.
1852.219–75 Individual subcontracting reports.
1852.219–76 [Reserved]
1852.219–77 NASA Mentor-Prote´ge´ program.
1852.219–79 Mentor requirements and evaluation.
1852.219–80 Limitation on subcontracting—
SBIR Phase I Program.
1852.219–81 Limitation on subcontracting—
SBIR Phase II program.
1852.219–82 Limitation on subcontracting—
STTR program.
1852.219–83 Limitation of the principal investigator—SBIR program.
1852.219–84 Limitation of the principal investigator—STTR program.
1852.219–85 Conditions for final payment—
SBIR and STTR contracts.
1852.223–70 Safety and health measures and
mishap reporting.
1852.223–71 Authorization for radio frequency use.
1852.223–72 Safety and health (short form).
1852.223–73 Safety and health plan.
1852.223–74 Drug- and alcohol-free workforce.
1852.223–75 Major breach of safety or security.
1852.223–76 Federal Automotive Statistical
Tool Reporting.
1852.225–8 Duty-free entry of space articles
(FEB 2000).
1852.225–70 Export Licenses.
1852.225–72 [Reserved]
1852.227–11 Patent Rights—ownership by the
contractor (DATE).
1852.227–14 Rights in data—General.
1852.227–17 [Reserved]
1852.227–70 New technology—other than a
small business firm or nonprofit organization.
1852.227–71 Requests for waiver of rights to
inventions.
1852.227–72 Designation of new technology
representative and patent representative.
1852.227–84 Patent rights clauses.
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1852.000
48 CFR Ch. 18 (10–1–21 Edition)
1852.227–85 Invention reporting and rights—
Foreign.
1852.227–86 Commercial computer software
license.
1852.227–88 Government-furnished computer
software and related technical data.
1852.228–70 Aircraft ground and flight risk.
1852.228–71 Aircraft flight risks.
1852.228–75 Minimum insurance coverage.
1852.228–76 Cross-waiver of liability for
international space station activities.
1852.228–78 Cross-waiver of liability for
science or space exploration activities
unrelated to the International Space
Station.
1852.228–80 Insurance—Immunity From Tort
Liability.
1852.228–81 Insurance—Partial
Immunity
From Tort Liability.
1852.228–82 Insurance—Total
Immunity
From Tort Liability.
1852.231–70 Precontract costs.
1852.231–71 Determination of compensation
reasonableness.
1852.232–70 NASA Modification of FAR
52.232–12.
1852.232–77 Limitation of funds (Fixed-Price
Contract).
1852.232–79 Payment for on-site preparatory
costs.
1852.232–80 Submission of vouchers for payment.
1852.232–81 Contract funding.
1852.232–82 Submission
of
requests
for
progress payments.
1852.233–70 Protests to NASA.
1852.234–1 Notice of Earned Value Management System.
1852.234–2 Earned Value Management System.
1852.235–70 Center for AeroSpace Information.
1852.235–71 Key personnel and facilities.
1852.235–72 Instructions for responding to
NASA Research Announcements.
1852.235–73 Final scientific and technical reports.
1852.235–74 Additional reports of work—research and development.
1852.236–71 Additive or deductive items.
1852.236–72 Bids with unit prices.
1852.236–73 Hurricane plan.
1852.236–74 Magnitude of requirement.
1852.236–75 Partnering for construction contracts.
1852.237–70 Emergency evacuation procedures.
1852.237–71 Pension portability.
1852.237–72 Access to sensitive information.
1852.237–73 Release of sensitive information.
1852.239–70 Alternate delivery points.
1852.241–70 [Reserved]
1852.242–71 Travel outside of the United
States.
1852.242–72 Denied access to NASA facilities.
1852.242–73 NASA contractor financial management reporting.
1852.242–78 Emergency medical services and
evacuation.
1852.243–70—1852.243–71 [Reserved]
1852.243–72 Equitable adjustments.
1852.244–70 Geographic participation in the
aerospace program.
1852.245–70 Contractor requests for Government-furnished equipment.
1852.245–71 Installation-accountable Government property.
1852.245–72 Liability for Government property furnished for repair or other services.
1852.245–73 Financial reporting of NASA
property in the custody of contractors.
1852.245–74 Identification and marking of
Government equipment.
1852.245–75 Property management changes.
1852.245–76 List of Government property furnished pursuant to FAR 52.245–1.
1852.245–77 List of Government property furnished pursuant to FAR 52.245–2.
1852.245–78 Physical inventory of capital
personal property.
1852.245–79 Records and disposition reports
for Government property with potential
historic or significant real value.
1852.245–80 Government property management information.
1852.245–81 List of available Government
property.
1852.245–82 Occupancy management requirements.
1852.245–83 Real property management requirements.
1852.246–70 [Reserved]
1852.246–71 Government contract quality assurance functions.
1852.246–72 Material Inspection and Receiving Report.
1852.246–73 Human space flight item.
1852.246–74 Contractor
Counterfeit
Electronic Part Detection and Avoidance.
1852.247–71 Protection of the Florida manatee.
1852.247–72 Advance notice of shipment.
1852.247–73 Bills of Lading.
Subpart 1852.3—Provision and Clause
Matrix
1852.300 Scope of subpart.
1852.301 Solicitation provisions
tract clauses (Matrix).
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AUTHORITY: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
SOURCE: 54 FR 28340, July 5, 1989, unless
otherwise noted.
1852.000
Scope of part.
This part, in conjunction with FAR
part 52—
(a) Sets forth the provisions and
clauses prescribed in the NFS,
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National Aeronautics and Space Administration
(b) Gives instructions for their use,
and
(c) Presents a matrix listing the provisions and clauses applicable to each
principal contract type and/or purpose
(e.g., fixed-price supply, cost-reimbursement research and development).
[61 FR 40547, Aug. 5, 1996]
Subpart 1852.2—Texts of Provisions
and Clauses
1852.203–70 Display of Inspector General Hotline Posters.
As prescribed in 1803.7001, insert the
following clause:
DISPLAY OF INSPECTOR GENERAL HOTLINE
POSTERS (JUN 2001)
(a) The Contractor shall display prominently in common work areas within business segments performing work under this
contract, Inspector General Hotline Posters
available under paragraph (b) of this clause.
(b) Inspector General Hotline Posters may
be obtained from NASA Office of Inspector
General, Code W, Washington, DC, 20546–0001,
(202) 358–1220.
[66 FR 29727, June 1, 2001]
1852.203–71 Requirement to inform
employees of whistleblower rights.
As prescribed in 1803.970, use the following clause:
REQUIREMENT TO INFORM EMPLOYEES OF
WHISTLEBLOWER RIGHTS (AUG 2014)
(a) The Contractor shall inform its employees in writing, in the predominant native
language of the workforce, of contractor employee whistleblower rights and protections
under 10 U.S.C. 2409, as described in subpart
1803.9 of the NASA FAR Supplement.
(b) The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts.
(End of clause)
[79 FR 43961, July 29, 2014, as amended at 79
FR 51501, Aug. 29, 2014; 80 FR 61994, Oct. 15,
2015]
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1852.204–75 Security classification requirements.
As prescribed in 1804.404–70, insert the
following clause:
1852.204–76
SECURITY CLASSIFICATION REQUIREMENTS
(SEP 1989)
Performance under this contract will involve access to and/or generation of classified information, work in a security area, or
both, up to the level of llllllll [insert the applicable security clearance level].
See Federal Acquisition Regulation clause
52.204–2 in this contract and DD Form 254,
Contract Security Classification Specification, Attachment llll [Insert the attachment number of the DD Form 254].
(End of clause)
[61 FR 40548, Aug. 5, 1996]
1852.204–76 Security requirements for
unclassified information technology
resources.
As prescribed in 1804.470–4(a), insert
the following clause:
SECURITY REQUIREMENTS FOR UNCLASSIFIED
INFORMATION TECHNOLOGY RESOURCES (JAN
2011)
(a) The contractor shall protect the confidentiality, integrity, and availability of
NASA Electronic Information and IT resources and protect NASA Electronic Information from unauthorized disclosure.
(b) This clause is applicable to all NASA
contractors and sub-contractors that process, manage, access, or store unclassified
electronic information, to include Sensitive
But Unclassified (SBU) information, for
NASA in support of NASA’s missions, programs, projects and/or institutional requirements. Applicable requirements, regulations,
policies, and guidelines are identified in the
Applicable Documents List (ADL) provided
as an attachment to the contract. The documents listed in the ADL can be found at:
http://www.nasa.gov/offices/ocio/itsecurity/
index.html. For policy information considered
sensitive, the documents will be identified as
such in the ADL and made available through
the Contracting Officer.
(c) Definitions. (1) IT resources means any
hardware or software or interconnected system or subsystem of equipment, that is used
to process, manage, access, or store electronic information.
(2) NASA Electronic Information is any
data (as defined in the Rights in Data clause
of this contract) or information (including
information incidental to contract administration, such as financial, administrative,
cost or pricing, or management information)
that is processed, managed, accessed or
stored on an IT system(s) in the performance
of a NASA contract.
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1852.208–81
48 CFR Ch. 18 (10–1–21 Edition)
(3) IT Security Management Plan—This
plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract. Unlike the IT security plan, which addresses the IT system, the IT Security Management Plan addresses how the contractor
will manage personnel and processes associated with IT Security on the instant contract.
(4) IT Security Plan—this is a FISMA requirement; see the ADL for applicable requirements. The IT Security Plan is specific
to the IT System and not the contract. Within 30 days after award, the contractor shall
develop and deliver an IT Security Management Plan to the Contracting Officer; the approval authority will be included in the
ADL. All contractor personnel requiring
physical or logical access to NASA IT resources must complete NASA’s annual IT Security Awareness training. Refer to the IT
Training policy located in the IT Security
Web site at https://itsecurity.nasa.gov/policies/
index.html.
(d) The contractor shall afford Government
access to the Contractor’s and subcontractors’ facilities, installations, operations,
documentation, databases, and personnel
used in performance of the contract. Access
shall be provided to the extent required to
carry out a program of IT inspection (to include vulnerability testing), investigation
and audit to safeguard against threats and
hazards to the integrity, availability, and
confidentiality of NASA Electronic Information or to the function of IT systems operated on behalf of NASA, and to preserve evidence of computer crime.
(e) At the completion of the contract, the
contractor shall return all NASA information and IT resources provided to the contractor during the performance of the contract in accordance with retention documentation available in the ADL. The contractor shall provide a listing of all NASA
Electronic information and IT resources generated in performance of the contract. At
that time, the contractor shall request disposition instructions from the Contracting
Officer. The Contracting Officer will provide
disposition instructions within 30 calendar
days of the contractor’s request. Parts of the
clause and referenced ADL may be waived by
the contracting officer, if the contractor’s
ongoing IT security program meets or exceeds the requirements of NASA Procedural
Requirements (NPR) 2810.1 in effect at time
of award. The current version of NPR 2810.1
is referenced in the ADL. The contractor
shall submit a written waiver request to the
Contracting Officer within 30 days of award.
The waiver request will be reviewed by the
Center IT Security Manager. If approved, the
Contractor Officer will notify the contractor,
by contract modification, which parts of the
clause or provisions of the ADL are waived.
(f) The contractor shall insert this clause,
including this paragraph in all subcontracts
that process, manage, access or store NASA
Electronic Information in support of the
mission of the Agency.
(End of clause)
[76 FR 4080, Jan. 24, 2011, as amended at 80
FR 61994, Oct. 15, 2015]
1852.208–81 Restrictions on Printing
and Duplicating.
As prescribed in 1808.870, insert the
following clause:
RESTRICTIONS ON PRINTING AND DUPLICATING
(NOV 2004)
(a) The Contractor may duplicate or copy
any documentation required by this contract
in accordance with the provisions of the Government Printing and Binding Regulations,
No. 26, S. Pub 101–9, U.S. Government Printing Office, Washington, DC, 20402, published
by the Joint Committee on Printing, U.S.
Congress.
(b) The Contractor shall not perform, or
procure from any commercial source, any
printing in connection with the performance
of work under this contract. The term
‘‘printing’’ includes the processes of composition, platemaking, presswork, duplicating, silk screen processes, binding,
microform, and the end items of such processes and equipment.
(c) The Contractor is authorized to duplicate or copy production units provided the
requirement does not exceed 5,000 production
units of any one page or 25,000 units in the
aggregate of multiple pages. Such pages may
not exceed a maximum image size of 10–3⁄4 by
14–1⁄4 inches. A ‘‘production unit’’ is one
sheet, size 8–1⁄2 × 11 inches (215 × 280 mm), one
side only, and one color ink.
(d) This clause does not preclude writing,
editing, preparation of manuscript copy, or
preparation of related illustrative material
as a part of this contract, or administrative
duplicating/copying (for example, necessary
forms and instructional materials used by
the Contractor to respond to the terms of the
contract).
(e) Costs associated with printing, duplicating, or copying in excess of the limits in
paragraph (c) of this clause are unallowable
without prior written approval of the Contracting Officer. If the Contractor has reason
to believe that any activity required in fulfillment of the contract will necessitate any
printing or substantial duplicating or copying, it immediately shall provide written notice to the Contracting Officer and request
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National Aeronautics and Space Administration
approval prior to proceeding with the activity. Requests will be processed by the Contracting Officer in accordance with the provisions of the Government Printing and
Binding Regulations, NFS 1808.802, and NPR
1490.5, NASA Procedural Requirements for
Printing, Duplicating, and Copying Management.
(f) The Contractor shall include in each
subcontract which may involve a requirement for any printing, duplicating, and copying in excess of the limits specified in paragraph (c) of this clause, a provision substantially the same as this clause, including this
paragraph (f).
(End of clause)
companies, and as long as these data remain
proprietary or confidential, the Contractor
shall protect these data from unauthorized
use and disclosure and agrees not to use
them to complete with those other companies.
(End of clause)
[61 FR 40549, Aug. 5, 1996]
1852.209–72
[Reserved]
1852.209–71 Limitation of future contracting.
As prescribed in 1809.507–2, the contracting officer may insert a clause
substantially as follows in solicitations
and contracts, in compliance with FAR
9.507–2:
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LIMITATION OF FUTURE CONTRACTING (DEC
1988)
(a) The Contracting Officer has determined
that this acquisition may give rise to a potential organizational conflict of interest.
Accordingly, the attention of prospective
offerors is invited to FAR Subpart 9.5—Organizational Conflicts of Interest.
(b) The nature of this conflict is [describe
the conflict].
(c) The restrictions upon future contracting are as follows:
(1) If the Contractor, under the terms of
this contract, or through the performance of
tasks pursuant to this contract, is required
to develop specifications or statements or
work that are to be incorporated into a solicitation, the Contractor shall be ineligible to
perform the work described in that solicitation as a prime of first-tier subcontractor
under an ensuing NASA contract. This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting
Officer and the Contractor, sufficient to
avoid unfair competitive advantage or potential bias (this time shall in no case be less
than the duration of the initial production
contract). NASA shall not unilaterally require the Contractor to prepare such specifications or statements of work under this
contract.
(2) To the extent that the work under this
contract requires access to proprietary, business confidential, or financial data of other
[Reserved]
1852.211–70 Packaging, handling, and
transportation.
As prescribed in 1811.404–70, insert the
following clause:
[66 FR 53548, Oct. 23, 2001, as amended at 69
FR 63459, Nov. 2, 2004]
1852.209–70
1852.213–70
PACKAGING, HANDLING, AND TRANSPORTATION
(SEP 2005)
(a) The Contractor shall comply with
NASA Procedural Requirements (NPR)
6000.1, ‘‘Requirements for Packaging, Handling, and Transportation for Aeronautical
and Space Systems, Equipment, and Associated Components’’, as may be supplemented
by the statement of work or specifications of
this contract, for all items designated as
Class I, II, or III.
(b) The Contractor’s packaging, handling,
and transportation procedures may be used,
in whole or in part, subject to the written
approval of the Contracting Officer, provided
(1) the Contractor’s procedures are not in
conflict with any requirements of this contract, and (2) the requirements of this contract shall take precedence in the event of
any conflict with the Contractor’s procedures.
(c) The Contractor must place the requirements of this clause in all subcontracts for
items that will become components of deliverable Class I, II, or III items.
(End of clause)
[65 FR 37062, June 13, 2000, as amended at 70
FR 52941, Sept. 6, 2005]
1852.213–70 Offeror
Representations
and
Certifications—Other
Than
Commercial Items.
As prescribed in 1813.302–570, insert
the following provision:
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—
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1852.213–70
48 CFR Ch. 18 (10–1–21 Edition)
(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:lllllllllllll.
[ ] 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 lllll.
(5) Common parent.
[ ] Offeror is not owned or controlled by a
common parent;
[ ] Name and TIN of common parent:
Name llllllllllllll.
TINlllllllllllll.
(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
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National Aeronautics and Space Administration
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 womenowned 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):
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—50 or fewer
—51–100
—101–250
—251–500
—501–750
—751–1000
—Over 1000
—$1 million or less.
—$1,000,001–$2 million.
—$2,000,001–$3.5 million.
—$3,500,001–$5 million.
—$5,000,001–$10 million.
—$10,000,001–$17 million.
—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
1852.213–70
(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: lllll.] 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.)
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1852.213–70
48 CFR Ch. 18 (10–1–21 Edition)
(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. and Country of Origin
llllllllllllllllllllllll
llllllllllllllllllllllll
llllllllllllllllllllllll
[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 NAFTA 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: NAFTA Country or Israeli End Products:
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Line Item No. and Country of Origin
llllllllllllllllllllllll
llllllllllllllllllllllll
llllllllllllllllllllllll
[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—North
American 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. and Country of Origin
llllllllllllllllllllllll
llllllllllllllllllllllll
llllllllllllllllllllllll
[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.
llllllllllllllllllllllll
llllllllllllllllllllllll
llllllllllllllllllllllll
(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. and Country of Origin
llllllllllllllllllllllll
llllllllllllllllllllllll
llllllllllllllllllllllll
[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.-
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National Aeronautics and Space Administration
made, designated country, Caribbean Basin
country, or NAFTA country end products.
Other End Products:
Line Item No. and Country of Origin
llllllllllllllllllllllll
llllllllllllllllllllllll
llllllllllllllllllllllll
[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.
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Listed End Product and Listed Countries of
Origin
llllllllllllllllllllllll
llllllllllllllllllllllll
llllllllllllllllllllllll
(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.
1852.213–70
(End of provision)
Alternate I (MAR 2004) As prescribed
in 1813.302–570(a)(2)(i), add the following
paragraph to the end of the basic provision and identify appropriately:
( ) Recovered Material Certification. As
required by the Resource Conservation and
Recovery
Act
of
1976
(42
U.S.C.
6962(c)(3)(A)(i)), the offeror certifies, that the
percentage of recovered materials to be used
in the performance of the contract will be at
least the amount required by the applicable
contract specifications.
Alternate II (MAR 2004) As prescribed
in 1813.302–570(a)(2)(ii), add the following paragraph to the end of the
basic provision and identify appropriately:
(
) Historically Black College or University
and Minority Institution Representation
(1) Definitions. As used in this provision—
‘‘Historically black college or university’’
means an institution determined by the Secretary of Education to meet the requirements of 34 CFR 608.2. For the Department of
Defense, the National Aeronautics and Space
Administration, and the Coast Guard, the
term also includes any nonprofit research institution that was an integral part of such a
college or university before November 14,
1986.
‘‘Minority institution’’ means an institution of higher education meeting the requirements of Section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k, including
a Hispanic-serving institution of higher education, as defined in Section 316(b)(1) of the
Act (20 U.S.C. 1101a)).
(2) Representation. The offeror represents
that it—
( ) is ( ) is not a historically black college or university;
( ) is ( ) is not a minority institution.
Alternate III (MAR 2004) As prescribed
in 1813.302–570(a)(2)(iii), add the following paragraph to the end of the
basic provision and identify appropriately:
( ) Representation of Limited Rights Data
and Restricted Computer Software
(1) This solicitation sets forth the work to
be performed if a contract award results, and
the Government’s known delivery requirements for data (as defined in FAR 27.401).
Any resulting contract may also provide the
Government the option to order additional
data under the Additional Data Requirements clause at FAR 52.227–16, if included in
the contract. Any data delivered under the
resulting contract will be subject to the
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1852.213–71
48 CFR Ch. 18 (10–1–21 Edition)
Rights in Data-General clause at FAR 52.227–
14 that is to be included in this contract.
Under the latter clause, a Contractor may
withhold from delivery data that qualify as
limited rights data or restricted computer
software, and deliver form, fit, and function
data in lieu thereof. The latter clause also
may be used with its Alternates II and/or III
to obtain delivery of limited rights data or
restricted computer software, marked with
limited rights or restricted rights notices, as
appropriate. In addition, use of Alternate V
with this latter clause provides the Government the right to inspect such data at the
Contractor’s facility.
(2) As an aid in determining the Government’s need to include Alternate II or Alternate III in the clause at FAR 52.227–14,
Rights in Data-General, the offeror shall
complete paragraph (3) of this provision to
either state that none of the data qualify as
limited rights data or restricted computer
software, or identify, to the extent feasible,
which of the data qualifies as limited rights
data or restricted computer software. Any
identification of limited rights data or restricted computer software in the offeror’s
response is not determinative of the status
of such data should a contract be awarded to
the offeror.
(3) The offeror has reviewed the requirements for the delivery of data or software
and states [offeror check appropriate
block]—
( ) None of the data proposed for fulfilling
such requirements qualifies as limited rights
data or restricted computer software.
( ) Data proposed for fulfilling such requirements qualify as limited rights data or
restricted computer software and are identified as follows:
llllllllllllllllllllllll
llllllllllllllllllllllll
llllllllllllllllllllllll
NOTE: ‘‘Limited rights data’’ and ‘‘Restricted computer software’’ are defined in
the contract clause entitled ‘‘Rights in DataGeneral.’’
[67 FR 38905, June 6, 2002, as amended at 69
FR 13261, Mar. 22, 2004; 69 FR 44610, July 27,
2004]
1852.213–71 Evaluation—Other
Than
Commercial Items.
As prescribed in 1813.302–570(b) insert
the following provision:
kpayne on VMOFRWIN702 with $$_JOB
EVALUATION—OTHER THAN COMMERCIAL
ITEMS JUN 2002)
sidered. The following factors shall be used
to evaluate offers:
llllllllllllllllllllllll
llllllllllllllllllllllll
llllllllllllllllllllllll
[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)
[67 FR 38905, June 6, 2002, as amended at 67
FR 50824, Aug. 6, 2002]
1852.214–70 Caution to offerors furnishing descriptive literature.
As prescribed in 1814.201–670(a), insert
the following provision:
CAUTION TO OFFERORS FURNISHING
DESCRIPTIVE LITERATURE (DEC 1988)
Bidders are cautioned against furnishing as
a part of their bids descriptive literature
that includes language reserving to the bidder the right to deviate from the requirements of the invitation for bids. Statements
that ‘‘Data are subject to change without notice,’’ ‘‘Prices subject to change without notice,’’ or words having a similar effect are
examples of such reservation. The Government will reject as nonresponsive any bid
that incorporates literature containing such
language or any bid that must be evaluated
by using literature containing such language. Bidders should clearly label any submissions of descriptive literature not intended to form a part of a bid as such in
order to preclude any need for the Government to interpret the bidder’s intent in submitting descriptive literature. [See FAR
14.202–5.]
(End of provision)
[61 FR 47082, Sept. 6, 1996]
(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 con-
1852.214–71
Award.
Grouping
for
As prescribed in 1814.201–670(b), insert
the following provision:
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National Aeronautics and Space Administration
GROUPING FOR AGGREGATE AWARD (MAR 1989)
(a) The Government will evaluate offers
and make award on a basis of the aggregate
offers for items
[Insert the item numbers and/or descriptions].
The Government will not consider an offer
for quantities less than those specified for
these items.
(b) If this is an invitation for bids, the Government will reject as nonresponsive a bid
that is not made on the total quantities for
all of the items specified in paragraph (a) of
this section.
(End of provision)
[61 FR 47082, Sept. 6, 1996, as amended at 81
FR 36182, June 6, 2016]
1852.214–72 Full quantities.
As prescribed in 1814.201–670(c), insert
the following provision:
FULL QUANTITIES (DEC 1988)
The Government will not consider an offer
for quantities of items less than those specified. If this is an invitation for bids, the Government will reject as nonresponsive a bid
that is not made on full quantities.
(End of provision)
[61 FR 47082, Sept. 6, 1996, as amended at 81
FR 3339, Jan. 21, 2016]
1852.215–77 Preproposal/pre-bid conference.
As prescribed in 1815.209–70(a), insert
the following provision:
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PREPROPOSAL/PRE-BID CONFERENCE (APR
2015)
(a) A preproposal/pre-bid conference will be
held as indicated below:
Date:
Time:
Location:
Other Information, as applicable:
[Insert the applicable conference information.]
(b) Attendance at the preproposal/pre-bid
conference is recommended; however, attendance is neither required nor a prerequisite for proposal/bid submission and
will not be considered in the evaluation.
(c) Offerors, individuals, or interested parties who plan to attend the pre-proposal/prebid conference must provide the Contracting
Officer in writing, at a minimum, full name
of the attendee(s), identification of nationality (U.S. or specify other nation citizenship), Lawful Permanent Resident Numbers
in the case of foreign nationals, affiliation
and full office address/phone number. Center-
1852.215–78
specific security requirements for this preproposal/pre-bid conference will be given to a
company representative prior to the conference or will be identified in this solicitation as follows: (fill-in). Examples of specific
identification information which may be required include state driver’s license and social security number. Except for foreign nationals, the identification information must
be provided at least (fill-in) working days in
advance of the conference. This information
shall be provided at least (fill-in) working
days in advance of the conference for foreign
nationals due to the longer badging and
clearance processing time required. However,
the Center reserves the right to determine
foreign nationals may not be allowed on the
Government site. The Government is not responsible for offerors’ inability to obtain
clearance within sufficient time to attend
the conference. Due to space limitations,
representation of any potential Offeror may
not exceed (fill-in) company representatives/
persons per Offeror. Any ‘‘lobbying firm or
lobbyist’’ as defined in 2 U.S.C. 1602(9) and
(10), or any Offeror represented by a lobbyist
under the Lobbying Disclosure Act of 1995
shall be specifically identified.
(d) Visitors on NASA Centers are allowed
to possess and use photographic equipment
(including camera cell phones) and related
materials
EXCEPT
IN
CONTROLLED
AREAS. Anyone desiring to use camera
equipment during the conference should contact the Contracting Officer to determine if
the site(s) to be visited is a controlled area.
(e) The Government will respond to questions regarding this procurement provided
such questions have been received at least
five (5) working days prior to the conference.
Other questions will be answered at the conference or in writing at a later time. All
questions, together with the Government’s
response, will be transmitted to all solicitation recipients via the government-wide
point of entry (GPE). In addition, conference
materials distributed at the preproposal/prebid conference will be made available to all
potential offerors via the GPE.
(End of provision)
[62 FR 3483, Jan. 23, 1997, as amended at 63
FR 9965, Feb. 27, 1998; 80 FR 12945, Mar. 12,
2015; 80 FR 61994, Oct. 15, 2015; 82 FR 38853,
Aug. 16, 2017]
1852.215–78 Make or buy program requirements.
As prescribed in 1815.408–70(a), insert
the following provision:
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1852.215–79
48 CFR Ch. 18 (10–1–21 Edition)
MAKE OR BUY PROGRAM REQUIREMENTS (FEB
1998)
(End of provision)
The offeror shall submit a Make-or-Buy
Program in accordance with the requirements of Federal Acquisition Regulation
(FAR) 15.407–2. The offeror shall include the
following supporting documentation with its
proposal:
(a) A description of each major item or
work effort.
(b) Categorization of each major item or
work effort as ‘‘must make,’’ ‘‘must buy,’’ or
‘‘can either make or buy.’’
(c) For each item or work effort categorized as ‘‘can either make or buy,’’ a proposal either to ‘‘make’’ or ‘‘buy.’’
(d) Reasons for (i) categorizing items and
work effort as ‘‘must make’’ or ‘‘must buy’’
and (ii) proposing to ‘‘make’’ or ‘‘buy’’ those
categorized as ‘‘can either make or buy.’’
The reasons must include the consideration
given to the applicable evaluation factors described in the solicitation and be in sufficient detail to permit the Contracting Officer to evaluate the categorization and proposal.
(e) Designation of the offeror’s plant or division proposed to make each item or perform each work effort and a statement as to
whether the existing or proposed new facility
is in or near a labor surplus area.
(f) Identification of proposed subcontractors, if known, and their location and size
status.
(g) Any recommendations to defer makeor-buy decisions when categorization of some
items or work efforts is impracticable at the
time of submission.
[62 FR 3483, Jan. 23, 1997, as amended at 63
FR 9965, Feb. 27, 1998; 63 FR 32764, June 16,
1998]
Proposal section
(List each volume or section)
1852.215–79 Price
adjustment
for
‘‘Make- or-Buy’’ changes.
As prescribed in 1815.408–70(b), insert
the following clause:
PRICE ADJUSTMENT FOR ‘‘MAKE-OR-BUY’’
CHANGES (JUN 2018)
The following make-or-buy items are subject to the provisions of paragraph (d) of the
clause at FAR 52.215–9, Change or Additions
to Make-or-Buy Program, of this contract:
Item Description
Make-or-Buy
Determination
(End of clause)
[62 FR 3483, Jan. 23, 1997, as amended at 63
FR 9966, Feb. 27, 1998; 81 FR 24501, Apr. 26,
2016; 83 FR 28386, June 19, 2018]
1852.215–81 Proposal page limitations.
As prescribed in 1815.209–70(d), insert
the following provision:
PROPOSAL PAGE LIMITATIONS (APR 2015)
(a) The following page limitations are established for each portion of the proposal
submitted in response to this solicitation.
Page limit
(Specify limit)
[Proposal subsection]
(List each subsection)
kpayne on VMOFRWIN702 with $$_JOB
(e.g. Offeror’s Subcontracting Plan should not exceed 20 pages)
(b) A page is defined as one side of sheet,
81⁄2″ × 11″, with at least one inch margins on
all sides, using not smaller than 12 point
type. Foldouts count as an equivalent number of 81⁄2″ × 11″ pages. The metric standard
format most closely approximating the described standard 81⁄2″ × 11″ size may also be
used. Other limitations/instructions identified as follows: (fill-in, if there are other limitations/instructions).
(c) Identify any exclusions to the page limits that are excluded from the page counts
specified in paragraph (a) of this provision
(e.g. title pages, table of contents) as follows:
(fill-in). In addition, the Cost section of your
proposal is not page limited. However, this
section is to be strictly limited to cost and
price information. Information that can be
construed as belonging in one of the other
sections of the proposal will be so construed
and counted against that section’s page limitation.
(d) If final proposal revisions are requested, separate page limitations will be
specified in the Government’s request for
that submission.
(e) Pages submitted in excess of the limitations specified in this provision will not be
evaluated by the Government and will be returned to the offeror.
(End of provision)
[62 FR 3483, Jan. 23, 1997, as amended at 63
FR 9966, Feb. 27, 1998; 80 FR 12946, Mar. 12,
2015; 80 FR 68778, Nov. 6, 2015]
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National Aeronautics and Space Administration
1852.215–85
As prescribed in 1815.7003, insert the
following clause:
tion, verify offer due date, or clarify technical requirements. Such inquiries shall be
directed to the Contracting Officer or as
specified elsewhere in this document.
OMBUDSMAN (NOV 2011)
(End of clause)
1852.215–84
Ombudsman.
(a) An ombudsman has been appointed to
hear and facilitate the resolution of concerns
from offerors, potential offerors, and contractors during the preaward and postaward
phases of this acquisition. When requested,
the ombudsman will maintain strict confidentiality as to the source of the concern.
The existence of the ombudsman is not to diminish the authority of the contracting officer, the Source Evaluation Board, or the selection official. Further, the ombudsman
does not participate in the evaluation of proposals, the source selection process, or the
adjudication of formal contract disputes.
Therefore, before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements,
and/or recommendations to the contracting
officer for resolution.
(b) If resolution cannot be made by the
contracting officer, interested parties may
contact the installation ombudsman, whose
name, address, telephone number, facsimile
number, and email address may be found at:
http://prod.nais.nasa.gov/pub/publlibrary/
Omb.html. Concerns, issues, disagreements,
and recommendations which cannot be resolved at the installation may be referred to
the Agency ombudsman identified at the
above URL. Please do not contact the ombudsman to request copies of the solicita-
Alternate I (JUN 2000). As prescribed
in 1815.7003, insert the following paragraph (c):
(c) If this is a task or delivery order contract, the ombudsman shall review complaints from contractors and ensure they are
afforded a fair opportunity to be considered,
consistent with the procedures of the contract.
[62 FR 3484, Jan. 23, 1997, as amended at 65
FR 38777, June 22, 2000; 68 FR 62023, Oct. 31,
2003; 76 FR 72329, Nov. 23, 2011]
1852.215–85 Proposal adequacy checklist.
As prescribed in 1815.408–70(c), use the
following provision:
PROPOSAL ADEQUACY CHECKLIST (MAR
2014)
The offeror shall complete the following
checklist, providing location of requested information, or an explanation of why the requested information is not provided. In preparation of the offeror’s checklist, offerors
may elect to have their prospective subcontractors use the same or similar checklist as appropriate.
PROPOSAL ADEQUACY CHECKLIST
References
Proposal
page No.
Submission item
GENERAL INSTRUCTIONS
1. FAR 15.408, Table 15–2, Section I Paragraph A.
2. FAR 15.408, Table 15–2, Section I Paragraph A(7).
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3. FAR 15.408, Table 15–2, Section I Paragraph A(8).
4. FAR 15.408, Table 15–2, Section I, Paragraph C(1).
FAR 2.101, ‘‘Cost or pricing data’’ ..
Is there a properly completed first page of the proposal
per FAR 15.408 Table 15–2 I.A or as specified in the
solicitation?.
Does the proposal identify the need for Government-furnished material/tooling/test equipment? Include the accountable contract number and contracting officer contact information if known..
If your organization is subject to Cost Accounting Standards (CAS), does the proposal identify the current status of your CAS Disclosure Statement? Does the proposal identify and explain notifications of noncompliance with Cost Accounting Standards Board or Cost
Accounting Standards (CAS); any proposal inconsistencies with your disclosed practices or applicable
CAS; and inconsistencies with your established estimating and accounting principles and procedures?.
Does the proposal disclose any other known activity that
could materially impact the costs?.
This may include, but is not limited to, such factors as—.
(1) Vendor quotations;.
(2) Nonrecurring costs;.
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If not provided
explain (may
use continuation pages
traceable to
this checklist)
1852.215–85
48 CFR Ch. 18 (10–1–21 Edition)
PROPOSAL ADEQUACY CHECKLIST—Continued
References
Proposal
page No.
Submission item
5. FAR 15.408, Table 15–2, Section I Paragraph B.
6. FAR 15.403–1(b) ........................
7. FAR 15.408, Table 15–2, Section I Paragraph C(2)(i).
8. FAR 15.408, Table 15–2, Section I Paragraph C(2)(ii).
9. FAR 15.408 Table 15–2, Section
II, Paragraph A or B.
10. FAR 15.408, Table 15–2, Section I Paragraphs D and E.
11. FAR 15.408, Table 15–2, Section I Paragraphs D and E.
12. FAR 15.408, Table 15–2, Section I Paragraph F.
13. FAR 15.408, Table 15–2, Section I Paragraph G.
(3) Information on changes in production methods and in
production or purchasing volume;.
(4) Data supporting projections of business prospects
and objectives and related operations costs;.
(5) Unit-cost trends such as those associated with labor
efficiency;.
(6) Make-or-buy decisions;.
(7) Estimated resources to attain business goals; and.
(8) Information on management decisions that could
have a significant bearing on costs..
Is an Index of all certified cost or pricing data and information accompanying or identified in the proposal provided and appropriately referenced?.
Are there any exceptions to submission of certified cost
or pricing data pursuant to FAR 15.403–1(b)? If so, is
supporting documentation included in the proposal?
(Note questions 18–20.).
Does the proposal disclose the judgmental factors applied and the mathematical or other methods used in
the estimate, including those used in projecting from
known data?.
Does the proposal disclose the nature and amount of
any contingencies included in the proposed price?.
Does the proposal explain the basis of all cost estimating
relationships (labor hours or material) proposed on
other than a discrete basis?.
Is there a summary of total cost by element of cost and
are the elements of cost cross-referenced to the supporting cost or pricing data? (Breakdowns for each
cost element must be consistent with your cost accounting system, including breakdown by year.).
If more than one Contract Line Item Number (CLIN) or
sub Contract Line Item Number (sub-CLIN) is proposed as required by the RFP, are there summary
total amounts covering all line items for each element
of cost and is it cross-referenced to the supporting
cost or pricing data?.
Does the proposal identify any incurred costs for work
performed before the submission of the proposal?.
Is there a Government forward pricing rate agreement
(FPRA)? If so, the offeror shall identify the official submittal of such rate and factor data. If not, does the proposal include all rates and factors by year that are utilized in the development of the proposal and the basis
for those rates and factors?.
COST ELEMENTS
MATERIALS AND SERVICES
14. FAR 15.408, Table 15–2, Section II Paragraph A.
Does the proposal include a consolidated summary of individual material and services, frequently referred to as
a Consolidated Bill of Material (CBOM), to include the
basis for pricing? The offeror’s consolidated summary
shall include raw materials, parts, components, assemblies, subcontracts and services to be produced or
performed by others, identifying as a minimum the
item, source, quantity, and price..
SUBCONTRACTS (Purchased materials or services)
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15. FAR 15.404–3(c) .......................
FAR 52.244–2
16. FAR 15.408, Table 15–2, Note
1; Section II Paragraph A.
Per the thresholds of FAR 15.404–3(c), Subcontract
Pricing Considerations, does the proposal include a
copy of the applicable subcontractor’s certified cost or
pricing data?.
Is there a price/cost analysis establishing the reasonableness of each of the proposed subcontracts included with the proposal?.
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If not provided
explain (may
use continuation pages
traceable to
this checklist)
National Aeronautics and Space Administration
1852.215–85
PROPOSAL ADEQUACY CHECKLIST—Continued
References
Proposal
page No.
Submission item
If the offeror’s price/cost analyses are not provided with
the proposal, does the proposal include a matrix identifying dates for receipt of subcontractor proposal,
completion of fact finding for purposes of price/cost
analysis, and submission of the price/cost analysis?.
EXCEPTIONS TO CERTIFIED COST OR PRICING DATA
17. FAR 52.215–20 .........................
FAR 2.101, ‘‘commercial item’’
18. FAR 15.408, Table 15–2, Section II Paragraph A(1).
Has the offeror submitted an exception to the submission
of certified cost or pricing data for commercial items
proposed either at the prime or subcontractor level, in
accordance with provision 52.215–20?.
a. Has the offeror specifically identified the type of commercial item claim (FAR 2.101 commercial item definition, paragraphs (1) through (8)), and the basis on
which the item meets the definition?.
b. For modified commercial items (FAR 2.101 commercial item definition paragraph (3)); did the offeror classify the modification(s) as either—.
i. A modification of a type customarily available in
the commercial marketplace (paragraph (3)(i)); or.
ii. A minor modification (paragraph (3)(ii)) of a type
not customarily available in the commercial marketplace made to meet Federal Government requirements not exceeding the thresholds in FAR
15.403–1(c)(3)(iii)(B)?.
c. For proposed commercial items ‘‘of a type’’, or
‘‘evolved’’ or modified (FAR 2.101 commercial
item definition paragraphs (1) through (3)), did the
contractor provide a technical description of the
differences between the proposed item and the
comparison item(s)?.
Does the proposal support the degree of competition and
the basis for establishing the source and reasonableness of price for each subcontract or purchase order
priced on a competitive basis exceeding the threshold
for certified cost or pricing data?.
INTERORGANIZATIONAL TRANSFERS
19. FAR 15.408, Table 15–2, Section II Paragraph A.(2).
20. FAR 15.408, Table 15–2, Section II Paragraph A(1).
For inter-organizational transfers proposed at cost, does
the proposal include a complete cost proposal in compliance with Table 15–2?.
For inter-organizational transfers proposed at price in accordance with FAR 31.205–26(e), does the proposal
provide an analysis by the prime that supports the exception from certified cost or pricing data in accordance with FAR 15.403–1?.
DIRECT LABOR
21. FAR 15.408, Table 15–2, Section II Paragraph B.
22. FAR 15.408, Table 15–2, Section II Paragraph B.
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23. FAR subpart 22.10 ....................
Does the proposal include a time phased (i.e.; monthly,
quarterly) breakdown of labor hours, rates and costs
by category or skill level? If labor is the allocation base
for indirect costs, the labor cost must be summarized
in order that the applicable overhead rate can be applied..
For labor Basis of Estimates (BOEs), does the proposal
include labor categories, labor hours, and task descriptions, (e.g.; Statement of Work reference, applicable
CLIN, Work Breakdown Structure, rationale for estimate, applicable history, and time-phasing)?.
If covered by the Service Contract Labor Standards statute (41 U.S.C. chapter 67), are the rates in the proposal in compliance with the minimum rates specified
in the statute?.
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If not provided
explain (may
use continuation pages
traceable to
this checklist)
1852.216–72
48 CFR Ch. 18 (10–1–21 Edition)
PROPOSAL ADEQUACY CHECKLIST—Continued
Proposal
page No.
References
Submission item
24. FAR 15.408, Table 15–2, Section II Paragraph C.
Does the proposal indicate the basis of estimate for proposed indirect costs and how they are applied? (Support for the indirect rates could consist of cost breakdowns, trends, and budgetary data.).
25. FAR 15.408, Table 15–2, Section II Paragraph D.
Does the proposal include other direct costs and the
basis for pricing? If travel is included does the proposal include number of trips, number of people, number of days per trip, locations, and rates (e.g. airfare,
per diem, hotel, car rental, etc)?.
If royalties exceed $1,500 does the proposal provide the
information/data identified by Table 15–2?.
When facilities capital cost of money is proposed, does
the proposal include submission of Form CASB–CMF
or reference to an FPRA/FPRP and show the calculation of the proposed amount?.
If not provided
explain (may
use continuation pages
traceable to
this checklist)
INDIRECT COSTS
OTHER COSTS
26. FAR 15.408, Table 15–2, Section II Paragraph E.
27. FAR 15.408, Table 15–2, Section II Paragraph F.
FORMATS FOR SUBMISSION OF LINE ITEM SUMMARIES
28. FAR 15.408, Table 15–2, Section III.
29. FAR 15.408, Table 15–2, Section III Paragraph B.
30. FAR 15.408, Table 15–2, Section III Paragraph C.
Are all cost element breakdowns provided using the applicable format prescribed in FAR 15.408, Table 15–2
III? (or alternative format if specified in the request for
proposal)..
If the proposal is for a modification or change order,
have cost of work deleted (credits) and cost of work
added (debits) been provided in the format described
in FAR 15.408, Table 15–2.III.B?.
For price revisions/redeterminations, does the proposal
follow the format in FAR 15.408, Table 15–2.III.C?.
OTHER
31. FAR 16.4 ...................................
32. FAR 16.203–4 and FAR 15.408
Table 15–2, Section II, Paragraphs A, B, C, and D.
33. FAR 52.232–28 .........................
34. FAR 15.408(n) ..........................
FAR 52.215–22
FAR 52.215–23
If an incentive contract type, does the proposal include
offeror proposed target cost, target profit or fee, share
ratio, and, when applicable, minimum/maximum fee,
ceiling price?.
If Economic Price Adjustments are being proposed, does
the proposal show the rationale and application for the
economic price adjustment?.
If the offeror is proposing Performance-Based Payments—did the offeror comply with FAR 52.232–28?.
Excessive Pass-through Charges—Identification of Subcontract Effort: If the offeror intends to subcontract
more than 70% of the total cost of work to be performed, does the proposal identify: (i) the amount of
the offeror’s indirect costs and profit applicable to the
work to be performed by the proposed subcontractor(s); and (ii) a description of the added value provided by the offeror as related to the work to be performed by the proposed subcontractor(s)?.
AWARD TERM (AUG 2017)
(End of provision)
[79 FR 10688, Feb. 26, 2014]
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1852.216–72
Award term.
As prescribed in 1816.406–70(g), insert
the following clause:
(a) Based on overall Contractor performance as evaluated in accordance with the
Award Term Plan, the Contracting Officer
may extend the contract for the number and
duration of award terms as set forth in the
Award Term Plan.
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National Aeronautics and Space Administration
(b) The Contracting Officer will execute
any earned award term period(s) through a
unilateral contract modification. All contract provisions continue to apply throughout the contract period of performance or ordering period, including any award term period(s).
(c) The Government will evaluate offerors
for award purposes by adding the total price
for all options and award terms to the price
for the basic requirement. This evaluation
will not obligate the Government to exercise
any options or award term periods.
(d) The Award Term Plan is attached in
Section J. The Award Term Plan provides
the methodology and schedule for evaluating
Contractor performance, determining eligibility for an award term, and, together with
Agency need for the contract and availability of funding, serves as the basis for
award term decisions. The Contracting Officer may unilaterally revise the Award Term
Plan. Any changes to the Award Term Plan
will be in writing and incorporated into the
contract through a unilateral modification
citing this clause prior to the commencement of any evaluation period. The Contracting Officer will consult with the Contractor prior to the issuance of a revised
Award Term Plan; however, the Contractor’s
consent is not required.
(e) The award term evaluation(s) will be
completed in accordance with the schedule
in the Award Term Plan. The Contractor will
be notified of the results and its eligibility
to be considered for the respective award
term no later than 120 days after the evaluation period set forth in the Award Term
Plan. The Contractor may request a review
of an award term evaluation which has resulted in the Contractor not earning the
award term. The request shall be submitted
in writing to the Contracting Officer within
15 days after notification of the results of
the evaluation.
(f)(1) The Government has the unilateral
right not to grant or to cancel award term
periods and the associated Award Term Plan
if—
(i) The Contractor has failed to achieve the
required performance measures for the corresponding evaluation period;
(ii) After earning an award term, the Contractor fails to earn an award term in any
succeeding year of contract performance, the
Contracting Officer may cancel any award
terms that the Contractor has earned, but
that have not begun;
(iii) The Contracting Officer has notified
the Contractor that the Government no
longer has a need for the award term period
before the time an award term period is to
begin;
(iv) The Contractor represented that it was
a small business concern prior to award of
this contract, the contract was set-aside for
small businesses, and the Contractor rerep-
1852.216–73
resents in accordance with FAR clause
52.219–28, Post-Award Small Business Program Rerepresentation, that it is no longer a
small business; or
(v) The Contracting Officer has notified the
Contractor that funds are not available for
the award term.
(2) When an award term period is not
granted or cancelled, any—
(i) Prior award term periods for which the
contractor remains otherwise eligible are
unaffected, except as provided in paragraph
(g) of this clause; or
(ii) Subsequent award term periods are also
cancelled.
(g) Cancellation of an award term period
that has not yet started for any of the reasons set forth in paragraph (f) of this clause
shall not be considered either a termination
for convenience or termination for default,
and shall not entitle the Contractor to any
termination settlement or any other compensation.
(h) Cancellation of an award term period
that has not yet commenced for any of the
reasons set forth in paragraphs (f) and (g) of
this clause shall not be considered either a
termination for convenience or termination
for default, and shall not entitle the Contractor to any termination settlement or
any other compensation. If the award term is
cancelled, a unilateral modification will cite
this clause as the authority.
(i) Funds are not presently available for
any award term. The Government’s obligation under any award term is contingent
upon the availability of appropriated funds
from which payment can be made. No legal
liability on the part of the Government for
any award term payment may arise until
funds are made available to the Contracting
Officer for an award term and until the Contractor receives notice of such availability,
to be confirmed in writing by the Contracting Officer.
(End of clause)
[82 FR 34419, July 25, 2017]
1852.216–73 Estimated cost and cost
sharing.
As prescribed in 1816.307–70(a), insert
the following clause:
ESTIMATED COST AND COST SHARING (DEC
1991)
(a) It is estimated that the total cost of
performing the work under this contract will
be $lllll.
(b) For performance of the work under this
contract, the Contractor shall be reimbursed
for not more than ll percent of the costs of
performance determined to be allowable
under the Allowable Cost and Payment
clause. The remaining ll percent or more
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1852.216–74
48 CFR Ch. 18 (10–1–21 Edition)
of the costs of performance so determined
shall constitute the Contractor’s share, for
which it will not be reimbursed by the Government.
(c) For purposes of the lllllll [insert ‘‘Limitation of Cost’’ or ‘‘Limitation of
Funds’’] clause, the total estimated cost to
the Government is hereby established as
$llll (insert estimated Government
share); this amount is the maximum Government liability.
(d) The Contractor shall maintain records
of all contract costs claimed by the Contractor as constituting part of its share.
Those records shall be subject to audit by
the Government. Costs contributed by the
Contractor shall not be charged to the Government under any other grant, contract, or
agreement (including allocation to other
grants, contracts, or agreements as part of
an independent research and development
program).
(End of clause)
[62 FR 3484, Jan. 23, 1997]
1852.216–74
fee.
Estimated cost and fixed
As prescribed in 1816.307–70(b), insert
the following clause:
ESTIMATED COST AND FIXED FEE (DEC 1991)
The estimated cost of this contract is
llllll exclusive of the fixed fee of
llllll. The total estimated cost and
fixed fee is llllll.
(End of clause)
[62 FR 3484, Jan. 23, 1997]
1852.216–75
Payment of fixed fee.
As prescribed in 1816.307–70(c), insert
the following clause:
PAYMENT OF FIXED FEE (DEC 1988)
The fixed fee shall be paid in monthly installments based upon the percentage of
completion of work as determined by the
Contracting Officer.
(End of clause)
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[62 FR 3484, Jan. 23, 1997]
1852.216–76
tracts.
Award fee for service con-
As prescribed in 1816.406–70(a), insert
the following clause:
AWARD FEE FOR SERVICE CONTRACTS (JUN
2018)
(a) The contractor can earn award fee from
a minimum of zero dollars to the maximum
stated in NASA FAR Supplement clause
1852.216–85, ‘‘Estimated Cost and Award Fee’’
in this contract.
(b) Beginning 6* months after the effective
date of this contract, the Government shall
evaluate the Contractor’s performance every
6* months to determine the amount of award
fee earned by the contractor during the period. The Contractor may submit a self-evaluation of performance for each evaluation
period under consideration. These self-evaluations will be considered by the Government in its evaluation. The Government’s
Fee Determination Official (FDO) will determine the award fee amounts based on the
Contractor’s performance in accordance with
[identify performance evaluation plan]. The
plan may be revised unilaterally by the Government prior to the beginning of any rating
period to redirect emphasis.
(c) The Government will advise the Contractor in writing of the evaluation results.
The [insert payment office] will make payment based on [Insert method of authorizing
award fee payment].
(d) The Contracting Officer may direct the
withholding of earned award fee payments
until a reserve is set aside in an amount that
the Contracting Officer considers necessary
to protect the Government’s interest relative to an orderly and timely closeout of
the contract. This reserve shall not exceed 15
percent of the contract’s total potential
award fee or $100,000, whichever is less.
(e) The amount of award fee which can be
awarded in each evaluation period is limited
to the amounts set forth at [identify location of award fee amounts]. Award fee which
is not earned in an evaluation period cannot
be reallocated to future evaluation periods.
(f)(1) Provisional award fee payments [insert ‘‘will’’ or ‘‘will not’’, as applicable] be
made under this contract pending the determination of the amount of fee earned for an
evaluation period. If applicable, provisional
award fee payments will be made to the Contractor on a [insert the frequency of provisional payments (not more often than
monthly)] basis. The total amount of award
fee available in an evaluation period that
will be provisionally paid is the lesser of [Insert a percent not to exceed 80 percent] or
the prior period’s evaluation score.
(2) Provisional award fee payments will be
superseded by the final award fee evaluation
for that period. If provisional payments exceed the final evaluation score, the Contractor will either credit the next payment
voucher for the amount of such overpayment
or refund the difference to the Government,
as directed by the Contracting Officer.
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National Aeronautics and Space Administration
(3) If the Contracting Officer determines
that the Contractor will not achieve a level
of performance commensurate with the provisional rate, payment of provisional award
fee will be discontinued or reduced in such
amounts as the Contracting Officer deems
appropriate. The Contracting Officer will notify the Contractor in writing if it is determined that such discontinuance or reduction
is appropriate.
(4) Provisional award fee payments [insert
‘‘will’’ or ‘‘will not’’, as appropriate] be made
prior to the first award fee determination by
the Government.
(g) Award fee determinations are unilateral decisions made solely at the discretion
of the Government.
* [A period of time greater or lesser than 6
months may be substituted in accordance
with 1816.405–272(a).]
(End of clause)
[77 FR 18106, Mar. 27, 2012, as amended at 83
FR 28386, June 19, 2018]
1852.216–77 Award fee for end item
contracts.
As prescribed in 1816.406–70(b), insert
the following clause:
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AWARD FEE FOR END ITEM CONTRACTS (AUG
2016)
(a) The contractor can earn award fee, or
base fee, if any, from a minimum of zero dollars to the maximum stated in NASA FAR
Supplement clause 1852.216–85, ‘‘Estimated
Cost and Award Fee’’ in this contract. All
award fee evaluations, with the exception of
the last evaluation, will be interim evaluations. At the last evaluation, which is final,
the Contractor’s performance for the entire
contract will be evaluated to determine total
earned award fee. No award fee or base fee
will be paid to the Contractor if the final
award fee evaluation is ‘‘poor/unsatisfactory.’’
(b) Beginning 6* months after the effective
date of this contract, the Government will
evaluate the Contractor’s interim performance every 6* months to monitor Contractor
performance prior to contract completion
and to provide feedback to the Contractor.
The evaluation will be performed in accordance with [identify performance evaluation
plan] to this contract. The Contractor may
submit a self-evaluation of performance for
each period under consideration. These selfevaluations will be considered by the Government in its evaluation. The Government
will advise the Contractor in writing of the
evaluation results. The plan may be revised
unilaterally by the Government prior to the
beginning of any rating period to redirect
emphasis.
1852.216–77
(c)(1) Base fee, if applicable, will be paid in
[Insert ‘‘monthly’’, or less frequent period]
installments based on the percent of completion of the work as determined by the Contracting Officer.
(2) Interim award fee payments will be
made to the Contractor based on each interim evaluation. The amount of the interim
award fee payment is limited to the lesser of
the interim evaluation score or 80 percent of
the fee allocated to that period less any provisional payments made during the period.
All interim award fee payments will be superseded by the final award fee determination.
(3) Provisional award fee payments will
[insert ‘‘not’’ if applicable] be made under
this contract pending each interim evaluation. If applicable, provisional award fee payments will be made to the Contractor on a
[insert the frequency of provisional payments
(not more often than monthly)] basis. The
amount of award fee which will be provisionally paid in each evaluation period is limited
to [Insert a percent not to exceed 80 percent]
of the prior interim evaluation score (see
[insert applicable cite]), except for the first
evaluation period which is limited to [insert
a percent not to exceed 80 percent] of the
available award fee for that evaluation period. Provisional award fee payments made
each evaluation period will be superseded by
the interim award fee evaluation for that period. If provisional payments made exceed
the interim evaluation score, the Contractor
will either credit the next payment voucher
for the amount of such overpayment or refund the difference to the Government, as directed by the Contracting Officer. If the Government determines that (i) the total
amount of provisional fee payments will apparently substantially exceed the anticipated
final evaluation score, or (ii) the prior interim evaluation is ‘‘poor/unsatisfactory,’’
the Contracting Officer will direct the suspension or reduction of the future payments
and/or request a prompt refund of excess payments as appropriate. Written notification of
the determination will be provided to the
Contractor with a copy to the Deputy Chief
Financial Officer (Finance).
(4) All interim (and provisional, if applicable) fee payments will be superseded by the
fee determination made in the final award
fee evaluation. The Government will then
pay the Contractor, or the Contractor will
refund to the Government the difference between the final award fee determination and
the cumulative interim (and provisional, if
applicable) fee payments. If the final award
fee evaluation is ‘‘poor/unsatisfactory’’, any
base fee paid will be refunded to the Government.
(5) Payment of base fee, if applicable, will
be made based on submission of an invoice
by the Contractor. Payment of award fee will
be made by the [insert payment office] based
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1852.216–78
48 CFR Ch. 18 (10–1–21 Edition)
on [Insert method of making award fee payment, e.g., issuance of a unilateral modification by the Contracting Officer].
(d) The Contracting Officer may direct the
withholding of interim award fee payments
until a reserve is set aside in an amount that
the Contracting Officer considers necessary
to protect the Government’s interest relative to an orderly and timely closeout of
the contract. This reserve shall not exceed 15
percent of the contracts total potential
award fee or $100,000, whichever is less.
(e) Award fee determinations are unilateral decisions made solely at the discretion
of the Government.
* [A period of time greater or lesser than 6
months may be substituted in accordance
with 1816.405–272(a).]
(End of clause)
[77 FR 18106, Mar. 27, 2012, as amended at 81
FR 50366, Aug. 1, 2016]
1852.216–78 Firm fixed price.
As prescribed in 1816.202–70, insert the
following clause:
FIRM FIXED PRICE (DEC 1988)
The total firm fixed price of this contract
is $
[Insert the appropriate amount].
(End of clause)
[62 FR 3485, Jan. 23, 1997]
1852.216–80 Task ordering procedure.
As prescribed in 1816.506–70, insert the
following clause:
kpayne on VMOFRWIN702 with $$_JOB
TASK ORDERING PROCEDURES (OCT 1996)
(a) Only the Contracting Officer may issue
task orders to the Contractor, providing specific authorization or direction to perform
work within the scope of the contract and as
specified in the schedule. The Contractor
may incur costs under this contract in performance of task orders and task order modifications issued in accordance with this
clause. No other costs are authorized unless
otherwise specified in the contract or expressly authorized by the Contracting Officer.
(b) Prior to issuing a task order, the Contracting Officer shall provide the Contractor
with the following date:
(1) A functional description of the work
identifying the objectives or results desired
from the contemplated task order.
(2) Proposed performance standards to be
used as criteria for determining whether the
work requirements have been met.
(3) A request for a task plan from the Contractor to include the technical approach,
period of performance, appropriate cost in-
formation, and any other information required to determine the reasonableness of
the Contractor’s proposal.
(c) Within ll calendar days after receipt
of the Contracting Officer’s request, the Contractor shall submit a task plan conforming
to the request.
(d) After review and any necessary discussions, the Contracting Officer may issue a
task order to the Contractor containing, as a
minimum, the following:
(1) Date of the order.
(2) Contract number and order number.
(3) Functional description of the work
identifying the objectives or results desired
from the task order, including special instructions or other information necessary
for performance of the task.
(4) Performance standards, and where appropriate, quality assurance standards.
(5) Maximum dollar amount authorized
(cost and fee or price). This includes allocation of award fee among award fee periods, if
applicable.
(6) Any other resources (travel, materials,
equipment, facilities, etc.) authorized.
(7) Delivery/performance schedule including start and end dates.
(8) If contract funding is by individual task
order, accounting and appropriation data.
(e) The Contractor shall provide acknowledgement of receipt to the Contracting Officer within ll calendar days after receipt of
the task order.
(f) If time constraints do not permit
issuance of a fully defined task order in accordance with the procedures described in
paragraphs (a) through (d), a task order
which includes a ceiling price may be issued.
(g) The Contracting officer may amend
tasks in the same manner in which they are
issued.
(h) In the event of a conflict between the
requirements of the task order and the Contractor’s approved task plan, the task order
shall prevail.
(End of clause)
Alternate I (APR 2018) As prescribed
in 1816.506–70(a), insert the following
paragraph (i):
(i) Contractor shall submit progress reports, as required. When required, the reports shall contain, at a minimum, the following information:
(1) Contract number, task order number,
and date of the order.
(2) Total estimated dollar amount of task
order(s).
(3) Cost and hours incurred to date for each
issued task order.
(4) Costs and hours estimated to complete
each issued task order.
(5) Significant issues/problems associated
with a task order.
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National Aeronautics and Space Administration
(6) Cost summary of the status of all task
orders issued under the contract.
(7) Invoice number.
Alternate II (APR 2018) As prescribed
in 1816.506–70(b), insert the following
paragraph (i):
(i) Contractor shall submit progress reports, as required. When required, the reports shall contain, at a minimum, the following information:
(1) Contract number, task order number,
and date of the order.
(2) Price and billed amounts to date for
each task order.
(3) Significant issues/problems associated
with the task order.
(4) Status of all task orders issued under
the contract.
(5) Invoice number.
[62 FR 3485, Jan. 23, 1997, as amended at 83
FR 13115, Mar. 27, 2018]
1852.216–81 Estimated cost.
As prescribed in 1816.307–70(d), insert
the following clause:
ESTIMATED COST AND INCENTIVE FEE (OCT
1996)
The target cost of this contract is $lll.
The target fee of this contract is $lll. The
total target cost and target fee as contemplated by the Incentive Fee clause of this
contract are $lll.
The maximum fee is $lll.
The minimum fee is $lll.
The cost sharing for cost underruns is:
Government ll percent; Contractor ll
percent.
The cost sharing for cost overruns is: Government ll percent; Contractor ll percent.
(End of clause)
[62 FR 3486, Jan. 23, 1997, as amended at 62
FR 36733, July 9, 1997]
1852.216–85
fee.
Estimated cost and award
As prescribed in 1816.406–70(e), insert
the following clause:
ESTIMATED COST (DEC 1988)
ESTIMATED COST AND AWARD FEE (SEP 1993)
The total estimated cost for complete performance of this contract is $
[Insert
total estimated cost of the contract]. See
FAR clause 52.216–11, Cost Contract—No Fee,
of this contract.
The estimated cost of this contract is
$lll. The maximum available award fee,
excluding base fee, if any, is $lll. The base
fee is $lll. Total estimated cost, base fee,
and maximum award fee are $lll.
(End of clause)
(End of clause)
[62 FR 3486, Jan. 23, 1997]
1852.216–83 Fixed price incentive.
As prescribed in 1816.406–70(c), insert
the following clause:
FIXED PRICE INCENTIVE (OCT 1996)
The target cost of this contract is $lll.
The Target profit of this contract is $lll.
The target price (target cost plus target
profit) of this contract is $lll. [The ceiling price is $lll.]
The cost sharing for target cost underruns
is: Government ll percent; Contractor ll
percent.
The cost sharing for target cost overruns
is: Government ll percent; Contractor ll
percent.
kpayne on VMOFRWIN702 with $$_JOB
1852.216–88
Alternate I (SEP 1993). As prescribed
in 1816.405–70(e), insert the following
sentence at the end of the clause:
The maximum positive performance incentive is $lll. The maximum negative performance incentive is (1).
(1) For research development hardware
contracts, insert [equal to total earned
award fee (including any base fee)]. For production hardware contracts, insert [$total potential award fee amount, including any base
fee)].
(End of clause)
[62 FR 3486, Jan. 23, 1997, as amended at 62
FR 36733, July 9, 1997]
(End of clause)
1852.216–87
[Reserved]
[62 FR 3486, Jan. 23, 1997, as amended at 62
FR 36733, July 9, 1997]
1852.216–88
Performance incentive.
1852.216–84 Estimated cost and incentive fee.
As prescribed in 1816.406–70(d), insert
the following clause:
As prescribed in 1816.406–70(f), insert
the following clause:
PERFORMANCE INCENTIVE (APR 2015)
(a) A performance incentive applies to the
following item(s) under this contract: (1).
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1852.216–89
48 CFR Ch. 18 (10–1–21 Edition)
The performance incentive will measure
the performance of those items against the
salient hardware performance requirement,
called ‘‘unit(s) of measurement,’’ e.g.,
months in service or amount of data transmitted, identified below. The performance
incentive becomes when the item is put into
service. It includes a standard performance
level, a positive incentive, and a negative incentive, which are described in this clause.
(b) Standard performance level. At the standard performance level, the Contractor has
met the contract requirement for the unit of
measurement. Neither positive nor negative
incentives apply when this level is achieved
but not exceeded. The standard performance
level for (1) ll is established as follows: (2).
(c) Positive incentive. The Contractor
earns a separate positive incentive amount
for each item listed in paragraph (a) of this
clause when the standard performance level
for that item is exceeded. The amount
earned for each item varies with the units of
measurement achieved, up to a maximum
positive performance incentive amount of $
(3) ll per item. The units of measurement
and the incentive amounts associated with
achieving each unit are shown below: (4).
(d) Negative incentive. The Contractor will
pay to the Government a negative incentive
amount for each item that fails to achieve
the standard performance level. The amount
to be paid for each item varies with the units
of measurement achieved, up to the maximum negative incentive amount of $ (5)
ll. The units of measurement and the incentive amounts associated with achieving
each unit are shown below: (6).
(e) The final calculation of positive or negative performance incentive amounts shall
be done when performance (as defined by the
unit of measurement) ceases or when the
maximum positive incentive is reached.
(1) When the Contracting Officer determines that the performance level achieved
fell below the standard performance level,
the Contractor will either pay the amount
due the Government or credit the next payment voucher for the amount due, as directed by the Contracting Officer.
(2) When the performance level exceeds the
standard level, the Contractor may request
payment of the incentive amount associated
with a given level of performance, provided
that such payments shall not be more frequent than monthly. When performance
ceases or the maximum positive incentive is
reached, the Government shall calculate the
final performance incentive earned and unpaid and promptly remit it to the contractor.
(f) If performance cannot be demonstrated,
through no fault of the Contractor, within
[insert number of months or years] after the
date of acceptance by the Government, the
Contractor will be paid [insert percentage] of
the maximum performance incentive.
(g) The decisions made as to the amount(s)
of positive or negative incentives are subject
to the Disputes clause.
(1) Insert applicable item number(s)
descriptor and/or nomenclature.
(2) Insert a specific unit of measurement
for each hardware item listed in (1) and each
salient characteristic, if more than one.
(3) Insert the maximum positive performance incentive amount (see 1816.402–270(e) (1)
and (2)).
(4) Insert all units of measurement and associated dollar amounts up to the maximum
performance incentive.
(5) Insert the appropriate amount in accordance with 1816.402–270(e).
(6) Insert all units of measurement and associated dollar amounts up to the maximum
negative performance incentive.
(End of clause)
[62 FR 3486, Jan. 23, 1997, as amended at 62
FR 36733, July 9, 1997; 80 FR 12946, Mar. 12,
2015; 80 FR 50212, Aug. 19, 2015]
1852.216–89 Assignment and release
forms.
As prescribed in 1816.307–70(f), insert
the following clause:
ASSIGNMENT AND RELEASE FORMS (AUG 2016)
The Contractor shall use the following
forms to fulfill the assignment and release
requirements of FAR clause 52.216–7, Allowable Cost and Payment:
NASA Form 778, Contractor’s Release;
NASA Form 779, Assignee’s Release;
NASA Form 780, Contractor’s Assignment
of Refunds, Rebates, Credits, and Other
Amounts; and
NASA Form 781, Assignee’s Assignment of
Refunds, Rebates, Credits, and Other
Amounts.
Computer generated forms are acceptable,
provided that they comply with FAR clause
52.253–1, Computer Generated Forms.
(End of clause)
[62 FR 36733, July 9, 1997; 62 FR 40309, July 28,
1997, as amended at 81 FR 50366, Aug. 1, 2016]
1852.216–90 Allowability of legal costs
incurred in connection with a whistleblower proceeding.
As prescribed in 1816.307–70(g), use
the following clause:
ALLOWABILITY OF LEGAL COSTS INCURRED IN
CONNECTION WITH A WHISTLEBLOWER PROCEEDING (AUG 2014)
Pursuant to section 827 of the National Defense Authorization Act for Fiscal year 2013
(Pub. L. 112–239), notwithstanding FAR
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National Aeronautics and Space Administration
clause 52.216–7, Allowable Cost and Payment—
(1) The restrictions of FAR 31.205–47(b) on
allowability of costs related to legal and
other proceedings also apply to any proceeding brought by a contractor employee
submitting a complaint under 10 U.S.C. 2409,
entitled ‘‘Contractor employees: protection
from reprisal for disclosure of certain information;’’ and
(2) Costs incurred in connection with a proceeding that is brought by a contractor employee submitting a complaint under 10
U.S.C. 2409 are also unallowable if the result
is an order to take corrective action under 10
U.S.C. 2409.
(End of clause)
[79 FR 43961, July 29, 2014, as amended at 79
FR 51501, Aug. 29, 2014; 80 FR 61994, Oct. 15,
2015]
1852.217–70
[Reserved]
1852.217–71 Phased acquisition using
down-selection procedures.
As prescribed in 1817.7002(a), insert
the following clause:
kpayne on VMOFRWIN702 with $$_JOB
PHASED ACQUISITION USING DOWN-SELECTION
PROCEDURES (APR 2015)
(a) This solicitation is for the acquisition
of llllllllllll [insert Program
title]. The acquisition will be conducted as a
two-phased procurement using a competitive
down-selection technique between phases. In
this technique, two or more contractors will
be selected for Phase 1. It is expected that
the single contractor for Phase 2 will be chosen from among these contractors after a
competitive down-selection.
(b) Phase 1 is for the lllllllllll
[insert purpose of phase]. Phase 2 is for
lllllllllll [insert general Phase 2
goals].
(c) The competition for Phase 2 will be
based on the results of Phase 1, and the
award criteria for Phase 2 will include successful completion of Phase 1 requirements.
(d) NASA will issue a separate, formal solicitation for Phase 2 that will include all information required for preparation of proposals, including the final evaluation factors.
(e) Phase 2 will be synopsized in the Governmentwide Point of Entry (GPE) in accordance with FAR 5.201 and 5.203 unless one
of the exceptions in FAR 5.202 applies. Notwithstanding NASA’s expectation that only
the Phase 1 contractors will be capable of
successfully competing for Phase 2, all proposals will be considered.
(f) To be considered for Phase 2 award,
offerors must demonstrate a design maturity
equivalent to that of the Phase 1 contrac-
1852.217–72
tors. This, demonstration shall include the
following Phase 1 deliverables upon which
Phase
2
award
will
be
based:
lllllllllllllll [(insert the specific Phase 1 deliverables]. Failure to fully
and completely demonstrate the appropriate
level of design maturity may render the proposal unacceptable with no further consideration for contract award.
(g) The following draft Phase 2 evaluation
factors are provided for your information.
Please note that these evaluation factors are
not final, and NASA reserves the right to
change them at any time up to and including
the date upon which Phase 2 proposals are
solicited.
[Insert draft Phase 2 evaluation factors
(and subfactors, if available), including demonstration of successful completion of Phase
1 requirements.]
(h) Although NASA will request Phase 2
proposals from Phase contractors, submission of the Phase 2 proposal is not a requirement of the Phase 1 contract. Accordingly,
the costs of preparing these proposals shall
not be a direct charge to the Phase 1 contract or any other Government contract.
(i) The anticipated schedule for conducting
this phased procurement is provided for your
information. These dates are projections
only and are not intended to commit NASA
to complete a particular action at a given
time. [Insert dates below].
Phase 1 award—
Phase 2 synopsis—
Phase 2 proposal requested—
Phase 2 proposal receipt—
Phase 2 award—
(End of clause)
[63 FR 56093, Oct. 21, 1998, as amended at 65
FR 30013, May 10, 2000; 76 FR 72330, Nov. 23,
2011; 80 FR 12946, Mar. 12, 2015; 80 FR 75843,
Dec. 4, 2015]
1852.217–72 Phased acquisition using
progressive competition down-selection procedures.
As prescribed in 1817.7002(b), insert
the following clause:
PHASED ACQUISITION USING PROGRESSIVE
COMPETITION DOWN-SELECTION PROCEDURES
(NOV 2011)
(a) This solicitation is for the acquisition
of lllllllllllllll [insert Program title]. The acquisition will be conducted as a two-phased procurement using a
progressive competition down-selection technique between phases. In this technique, two
or more contractors will be selected for
Phase
1. It is expected that the single contractor
for Phase 2 will be chosen from among these
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1852.219–11
48 CFR Ch. 18 (10–1–21 Edition)
contractors after a competitive down-selection.
(b)
Phase
1
is
for
the
lllllllllllllll [insert purpose
of
phase].
Phase
2
is
for
llllllllllllll [insert general
Phase 2 goals].
(c) The competition for Phase 2 will be
based on the results of Phase 1, and the
award criteria for Phase 2 will include successful completion of Phase 1 requirements.
(d) NASA does not intend to issue a separate, formal solicitation for Phase 2. Instead,
Phase 2 proposals will be requested from the
Phase
1
contractors
by
means
of
lllllllllllllllllll
[indicate method of requesting proposals, e.g., by
a letter]. All information required for preparation of Phase 2 proposals, including the
final evaluation criteria and factors, will be
provided at that time.
(e) Phase 2 will be synopsized in the Governmentwide Point of Entry (GPE) in accordance with FAR 5.201 and 5.203 unless one
of the exceptions in FAR 5.202 applies. Notwithstanding NASA’s expectation that only
the Phase 1 contractors will be capable of
successfully competing for Phase 2, all proposals will be considered. Any other responsible source may indicate its desire to submit a proposal by responding to the Phase 2
synopsis, and NASA will provide that source
to all the material furnished to the Phase 1
contractors that is necessary to submit a
proposal.
(f) To be considered for Phase 2 award,
offerors must demonstrate a design maturity
equivalent to that of the Phase 1 contractors. This, demonstration shall include the
following Phase 1 deliverables upon which
Phase
2
award
will
be
based:
llllllllllllllll [insert the
specific Phase 1 deliverables]. Failure to
fully and completely demonstrate the appropriate level of design maturity may render
the proposal unacceptable with no further
consideration for contract award.
(g) The following draft Phase 2 evaluation
factors are provided for your information.
Please note that these evaluation factors are
not final, and NASA reserves the right to
change them at any time up to and including
the date upon which Phase 2 proposals are
requested. Any such changes in evaluation
factors will not necessitate issuance of a
new, formal solicitation for Phase 2.
[Insert draft Phase 2 evaluation factors
(and subfactors, if available), including demonstration of successful completion of Phase
1 requirements.]
(h) Although NASA will request Phase 2
proposals from Phase 1 contractors, submission of the Phase 2 proposal is not a requirement of the Phase 1 contract. Accordingly,
the costs of preparing these proposals shall
not be a direct charge to the Phase 1 contract or any other Government contract.
(i) The anticipated schedule for conducting
this phased procurement is provided for your
information. These dates are projections
only and are not intended to commit NASA
to complete a particular action at a given
time. [Insert dates below].
Phase 1 award—
Phase 2 synopsis—
Phase 2 proposal requested—
Phase 2 proposal receipt—
Phase 2 award—
(End of clause)
[63 FR 56093, Oct. 21, 1998, as amended at 65
FR 30013, May 10, 2000; 76 FR 72330, Nov. 23,
2011; 81 FR 24501, Apr. 26, 2016; 81 FR 71638,
Oct. 18, 2016]
1852.219–11
ditions.
Special 8(a) contract con-
As prescribed in 1819.811–3(a), insert
the following clause in lieu of 52.219–11:
SPECIAL 8(a) CONTRACT CONDITIONS (APR
2015)
(a) This contract is issued as a direct
award between the contracting activity and
the 8(a) contractor pursuant to a Partnership Agreement between the Small Business
Administration (SBA) and the National Aeronautics and Space Administration. Accordingly, the SBA is not a signatory to this contract. SBA does retain responsibility for 8(a)
certification, 8(a) eligibility determinations
and related issues, and providing counseling
and assistance to the 8(a) contractor under
the 8(a) program. The cognizant SBA district
office is:
llllllllllllllllllllllll
llllllllllllllllllllllll
llllllllllllllllllllllll
llllllllllllllllllllllll
(insert name and address of cognizant SBA office)
(b) The contracting activity is responsible
for administering the contract and taking
any action on behalf of the Government
under the terms and conditions of the contract; provided, however, that the contracting activity shall give advance notice
to the SBA before it issues a final notice terminating performance, either in whole or in
part, under the contract. The contracting activity shall also coordinate with the SBA
prior to processing any novation agreement.
The contracting activity may assign contract administration functions to a contract
administration office.
(c) The contractor agrees to notify the
Contracting Officer, simultaneous with its
notification to SBA (as required by SBA’s
8(a) regulations), when the owner or owners
upon whom 8(a) eligibility is based plan to
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National Aeronautics and Space Administration
relinquish ownership or control of the concern. Consistent with Section 407 of Public
Law 100–656, transfer of ownership or control
shall result in termination of the contract
for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership and control.
(End of clause)
(End of clause)
[80 FR 12946, Mar. 12, 2015, as amended at 80
FR 50212, Aug. 19, 2015]
1852.219–73 Small business subcontracting plan.
As prescribed in 1819.708–70(a), insert
the following provision:
SMALL BUSINESS SUBCONTRACTING PLAN
(MAY 1999)
[80 FR 12946, Mar. 12, 2015, as amended at 80
FR 50212, Aug. 19, 2015]
1852.219–18 Notification of competition limited to eligible 8(a) concerns.
As prescribed in 1819.811–3(d), insert
the following clause:
kpayne on VMOFRWIN702 with $$_JOB
NOTIFICATION OF COMPETITION LIMITED TO
ELIGIBLE 8(a) CONCERNS (APR 2015)
(a) Offers are solicited only from small
business concerns expressly certified by the
Small Business Administration (SBA) for
participation in the SBA’s 8(a) Program and
which meet the following criteria at the
time of submission of offer—
(1) The Offeror is in conformance with the
8(a) support limitation set forth in its approved business plan; and
(2) The Offeror is in conformance with the
Business Activity Targets set forth in its approved business plan or any remedial action
directed by the SBA.
(b) By submission of its offer, the Offeror
represents that it meets all of the criteria
set forth in paragraph (a) of this clause.
(c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror
selected through the evaluation criteria set
forth in this solicitation.
(d)(1) Agreement. A small business concern
submitting an offer in its own name shall
furnish, in performing the contract, only end
items manufactured or produced by small
business concerns in the United States or its
outlying areas. If this procurement is processed under simplified acquisition procedures
and the total amount of this contract does
not exceed $25,000, a small business concern
may furnish the product of any domestic
firm. This paragraph does not apply to construction or service contracts.
(2) The llllll[insert name of SBA’s
contractor] will notify thellllll[insert
name of contracting agency] Contracting Officer in writing immediately upon entering an
agreement (either oral or written) to transfer all or part of its stock or other ownership
interest to any other party.
1852.219–77
(a) This provision is not applicable to
small business concerns.
(b) The contract expected to result from
this solicitation will contain FAR clause
52.219–9, ‘‘Small Business Subcontracting
Plan.’’ The apparent low bidder must submit
the complete plan within [Insert number of
days] calendar days after request by the Contracting Officer.
(End of provision)
[62 FR 36733, July 9, 1997; 62 FR 40309, July 28,
1997, as amended at 64 FR 25215, May 11, 1999]
1852.219–74
[Reserved]
1852.219–75 Individual Subcontracting
Reports.
As prescribed in 1819.708–70(b), insert
the following clause:
INDIVIDUAL SUBCONTRACTING REPORTS (APR
2015)
When
submitting
Individual
Subcontracting Reports in eSRS in accordance with
FAR 52.219–9(l) (1), the contractor shall enter
goals as a percentage of total contract value
as well as a percentage of total subcontract
dollars.
(End of clause)
[80 FR 12947, Mar. 12, 2015, as amended at 80
FR 50212, Aug. 19, 2015]
1852.219–76
[Reserved]
1852.219–77 NASA
Mentor-Prote´ge´
Program.
As prescribed in 1819.7215, insert the
following clause:
NASA MENTOR-PROTE´ GE´ PROGRAM (APR 2015)
(a) Prime contractors are encouraged to
participate in the NASA Mentor-Prote´ge´
Program for the purpose of providing developmental assistance to eligible prote´ge´ entities to enhance their capabilities and increase their participation in NASA contracts.
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1852.219–79
48 CFR Ch. 18 (10–1–21 Edition)
(b) The Program consists of:
(1) Mentors, which are large businesses and
prime contractors with at least one active
and approved NASA subcontracting plan;
(2) Prote´ge´s, which are subcontractors to
the prime contractor. Prote´ge´s must qualify
as small disadvantaged business concerns,
women-owned small business concerns, veteran-owned or service-disabled veteranowned small business concerns, HUBZone
small business concerns, Historically Black
Colleges and Universities, minority institutions of higher education, meeting the qualifications defined in FAR part 2, Definitions
of Parts and Term, active NASA SBIR Phase
II companies or nonprofit agencies employing people who are blind or severely disabled
as defined in 41 CFR Chapter 51.
(3) Mentor-prote´ge´ agreements endorsed by
the cognizant NASA centers and approved by
the NASA Office of Small Business Programs
(OSBP);
(4) In contracts with award fee incentives,
potential for payment of an award fee for
voluntary participation and successful performance in the Mentor-Prote´ge´ Program, in
accordance with NFS 1819.7208.
(c) Mentor participation in the Program,
described in NFS 1819.72, means providing
technical, managerial and financial assistance to aid prote´ge´s in developing requisite
high-tech expertise and business systems to
compete for and successfully perform NASA
contracts and subcontracts.
(d) Contractors interested in participating
in the program are encouraged to contact
the NASA OSBP, Washington, DC 20546, (202)
358–2088, for further information.
(End of clause)
[74 FR 25676, May 29, 2009, as amended at 80
FR 12947, Mar. 12, 2015; 80 FR 50212, Aug. 19,
2015]
1852.219–79 Mentor requirements and
evaluation.
As prescribed in 1819.7215, insert the
following clause:
kpayne on VMOFRWIN702 with $$_JOB
MENTOR REQUIREMENTS AND EVALUATION
(APR 2015)
(a) The purpose of the NASA MentorProte´ge´ Program is for a NASA prime contractor to provide developmental assistance
to certain subcontractors qualifying as
prote´ge´s.
Eligible prote´ge´s include certified small
disadvantaged business concerns, womenowned small business concerns, veteranowned or service-disabled veteran-owned
small business concerns, HUBZone small
business concerns, Historically Black Colleges and Universities, minority institutions
of higher education, as defined in FAR part
2, Definitions of Parts and Terms, active
NASA SBIR/STTR Phase II companies and
nonprofit agencies employing the blind or severely handicapped as defined in 41 CFR
chapter 51.
(b) NASA will evaluate the contractor’s
performance on the following factors. If this
contract includes an award fee incentive,
this assessment will be accomplished as part
of the fee evaluation process.
(1) Specific actions taken by the contractor, during the evaluation period, to increase the participation of prote´ge´s as subcontractors and suppliers;
(2) Specific actions taken by the contractor during this evaluation period to develop the technical and corporate administrative expertise of a prote´ge´ as defined in
the agreement;
(3) To what extent the mentor and prote´ge´
have met the developmental milestones outlined in the agreement; and
(4) To what extent the entities’ participation in the Mentor-Prote´ge´ Program resulted
in the prote´ge´ receiving competitive contract(s) and subcontract(s) from private
firms and agencies other than the mentor.
(5) To what extent the mentor contributed
to advancing the prote´ge´’s technical readiness level.
(c) Semiannual reports shall be submitted
by the mentor and the prote´ge´ to the cognizant NASA center and NASA Headquarters
Office of Small Business Programs (OSBP),
following the semiannual report template
found
on
the
Web
site
at
http://
www.osbp.nasa.gov.
(d) The mentor will notify the cognizant
NASA center and NASA OSBP in writing, at
least 30 days in advance of the mentor’s intent to voluntarily withdraw from the program or upon receipt of a prote´ge´’s notice to
withdraw from the Program;
(e) At the end of each year in the MentorProte´ge´ Program, the mentor and prote´ge´, as
appropriate, will formally brief the NASA
Mentor-Prote´ge´ program manager, the technical program manager, and the contracting
officer during a formal program review regarding Program accomplishments, as it pertains to the approved agreement.
(f) NASA may terminate mentor-prote´ge´
agreements for good cause, thereby excluding mentors or prote´ge´s from participating
in the NASA Mentor-Prote´ge´ program. These
actions shall be approved by the NASA
OSBP. NASA shall terminate an agreement
by delivering to the contractor a letter
specifying the reason for termination and
the effective date. Termination of an agreement does not constitute a termination of
the subcontract between the mentor and the
prote´ge´. A plan for accomplishing the subcontract effort should the agreement be terminated shall be submitted with the agreement.
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National Aeronautics and Space Administration
(End of clause)
[54 FR 28340, July 5, 1989, as amended at 80
FR 12947, Mar. 12, 2015; 80 FR 50212, Aug. 19,
2015]
1852.219–80 Limitation
on
subcontracting—SBIR Phase I program.
As prescribed in 1819.7302(a), insert
the following clause:
LIMITATION ON SUBCONTRACTING—SBIR PHASE
I PROGRAM (OCT 2006)
The Contractor shall perform a minimum
of two-thirds of the research and/or analytical effort (total contract price less profit)
conducted under this contract. Any deviation from this requirement must be approved in advance and in writing by the Contracting Officer.
(End of clause)
[71 FR 61688, Oct. 19, 2006]
1852.219–81 Limitation
on
subcontracting—SBIR Phase II program.
As prescribed in 1819.7302(b), insert
the following clause:
LIMITATION ON SUBCONTRACTING—SBIR PHASE
II PROGRAM (OCT 2006)
The Contractor shall perform a minimum
of one-half of the research and/or analytical
effort (total contract price less profit) conducted under this contract. Any deviation
from this requirement must be approved in
advance and in writing by the Contracting
Officer. Since the selection of R&D contractors is substantially based on the best scientific and technological sources, it is important that the Contractor not subcontract
technical or scientific work without the Contracting Officer’s advance approval.
(End of clause)
[71 FR 61688, Oct. 19, 2006]
1852.219–82 Limitation
on
subcontracting—STTR program.
As prescribed in 1819.7302(c), insert
the following clause:
kpayne on VMOFRWIN702 with $$_JOB
LIMITATION ON SUBCONTRACTING—STTR
PROGRAM (OCT 2006)
The Contractor shall perform a minimum
of 40 percent of the work under this contract
(total contract price including cost sharing
if any, less profit if any). A minimum of 30
percent of the work under this contract shall
be performed by the research institution.
Since the selection of R&D contractors is
1852.219–84
substantially based on the best scientific and
technological sources, it is important that
the Contractor not subcontract technical or
scientific work without the Contracting Officer’s advance approval.
(End of clause)
[71 FR 61688, Oct. 19, 2006]
1852.219–83 Limitation of the principal
investigator—SBIR program.
As prescribed in 1819.7302(d), insert
the following clause:
LIMITATION OF THE PRINCIPAL INVESTIGATOR—
SBIR PROGRAM (OCT 2006)
The primary employment of the principal
investigator (PI) shall be with the small
business concern (SBC)/Contractor during
the conduct of this contract. Primary employment means that more than one-half of
the principal investigator’s time is spent in
the employ of the SBC/Contractor. This precludes full-time employment with another
organization. Deviations from these requirements must be approved in advance and in
writing by the Contracting Officer and are
not subject to a change in the firm-fixed
price of the contract. The PI for this contract is (insert name).
(End of clause)
[71 FR 61688, Oct. 19, 2006]
1852.219–84 Limitation of the principal
investigator—STTR program.
As prescribed in 1819.7302(e), insert
the following clause:
LIMITATION OF THE PRINCIPAL INVESTIGATOR—
STTR PROGRAM (OCT 2006)
(a) The primary employment of the principal investigator (PI) identified in paragraph (b) of this clause is with the small
business concern (SBC)/Contractor or the research institution (RI). Primary employment
means that more than one-half of the principal investigator’s time is spent in the employ of the SBC/Contractor or RI.
(b) The PI is considered to be key personnel in the performance of this contract.
The SBC/Contractor, whether or not the employer of the PI, shall exercise primary management direction and control over the PI
and be overall responsible for the PI’s performance under this contract. Deviations
from these requirements must be approved in
advance and in writing by the Contracting
Officer and are not subject to a change in the
firm-fixed price of the contract. The PI for
this contract is (insert name).
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1852.219–85
48 CFR Ch. 18 (10–1–21 Edition)
(End of clause)
[71 FR 61688, Oct. 19, 2006]
1852.219–85 Conditions for final payment—SBIR and STTR contracts.
As prescribed in 1819.7302(f), insert
the following clause:
CONDITIONS FOR FINAL PAYMENT—SBIR AND
STTR CONTRACTS (OCT 2006)
kpayne on VMOFRWIN702 with $$_JOB
As a condition for final payment under this
contract, the Contractor shall provide the
following certifications as part of its final
payment invoice request:
During performance of this contract—
1. Essentially equivalent work performed
under this contract has not been proposed
for funding to another Federal agency;
2. No other Federal funding award has been
received for essentially equivalent work performed under this contract;
3. Deliverable items submitted under this
contract have not been submitted as deliverable items under another Federal funding
award;
4. For SBIR contracts: The subcontracting
limitation set forth in this contract was not
exceeded except as approved in writing by
the Contracting Officer on (insert date of approval or modification number.);
5. For STTR contracts: The subcontracting
limitation set forth in this contract was not
exceeded;
6. For SBIR contracts: The primary employment of the principal investigator (PI) identified in this SBIR contract was with the
Contractor, except as approved in writing by
the Contracting Officer on (insert date of approval or modification number); and
7. For STTR contracts: The primary employment of the principal investigator (PI) identified in this STTR contract was the SBC/
Contractor or the research institution (RI).
The PI identified in the STTR contract was
considered key in the performance of this
contract. The SBC/Contractor, whether or
not the employer of the PI, did exercise primary management direction and control
over the PI and was overall responsible for
the PI’s performance under this contract.
Any substitutions of this individual were approved in writing by the Contracting Officer
on (insert date of approval or modification number).
I understand that the willful provision of
false information or concealing a material
fact in this representation is a criminal offense under Title 18 USC, Section 1001, False
Statements, as well as Title 18 U.S.C., Section 287, False Claims.
(End of clause)
[71 FR 61688, Oct. 19, 2006]
1852.223–70 Safety and Health Measures and Mishap Reporting.
As prescribed in 1823.7001(a), insert
the following clause:
SAFETY AND HEALTH MEASURES AND MISHAP
REPORTING (DEC 2015)
(a) Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment. NASA’s safety priority is to protect:
(1) The public, (2) astronauts and pilots, (3)
the NASA workforce (including contractor
employees working on NASA contracts), and
(4) high-value equipment and property.
(b) The Contractor shall take all reasonable safety and occupational health measures in performing this contract. The Contractor shall maintain an effective worksite
safety and health program with organized
and systematic methods to—
(1) Comply with Federal, State, and local
safety and occupational health laws and with
the safety and occupational health requirements of this contract;
(2) Describe and assign the responsibilities
of managers, supervisors, and employees;
(3) Inspect regularly for and identify,
evaluate, prevent, and control hazards;
(4) Orient and train employees to eliminate
or avoid hazards; and
(5) Periodically review the program’s effectiveness. Authorized Government representatives shall have access to and the right to examine the work site and related records
under this Contract in order to determine
the adequacy of the Contractor’s safety and
occupational health measures.
(c) The Contractor shall take, or cause to
be taken, any other safety, and occupational
health-measures the Contracting Officer
may reasonably direct. To the extent that
the Contractor may be entitled to an equitable adjustment for those measures under
the terms and conditions of this contract,
the equitable adjustment shall be determined pursuant to the procedures of the
changes clause of this contract; provided,
that no adjustment shall be made under this
Safety and Health clause for any change for
which an equitable adjustment is expressly
provided under any other clause of the contract.
(d) The Contractor shall immediately notify the Contracting Officer or a designee
any Type A, B, C, or D Mishap, or close calls
as defined in NASA Procedural Requirement
(NPR) 8621.1, Mishap and Close Call Reporting, Investigating, and Recordkeeping. In addition, service contractors (excluding construction contracts) shall provide quarterly
reports specifying lost-time frequency rate,
number of lost-time injuries, exposure, and
accident/incident dollar losses as specified in
the contract Schedule.
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National Aeronautics and Space Administration
(e) The Contractor shall cooperate with
any Government-authorized investigation of
Type A, B, C, or D Mishaps, or Close Calls reported pursuant to paragraph (d) of this
clause by providing access to employees; and
relevant information in the possession of the
Contractor regarding the mishap or close
call.
(f)(1) The Contracting Officer may notify
the Contractor of any noncompliance with
this clause and specify corrective actions to
be taken. When the Contracting Officer becomes aware of noncompliance that may
pose a serious or imminent danger to safety
and health of the public, astronauts and pilots, the NASA workforce (including contractor employees working on NASA contracts), or high value mission critical equipment or property, the Contracting Officer
will notify the Contractor orally, with written confirmation. The Contractor shall
promptly take corrective action.
(2) If the Contractor fails or refuses to institute prompt corrective action in accordance with subparagraph (f)(1) of this clause,
the Contracting Officer may—
(i) Invoke the stop-work order clause in
this contract;
(ii) Require the Contractor to remove and
replace Contractor or subcontractor personnel who fail to comply with or violate applicable requirements of this clause;
(iii) Record the Contractor’s failure to
comply in the appropriate databases of past
performance; and
(iv) Consider the Contractor’s failure to
comply in any responsibility determination
or evaluation of past performance.
(g) The Contractor shall insert the substance of this clause, including this paragraph (g) in all subcontracts above the simplified acquisition threshold when the work
will be conducted completely or partly on
federally-controlled facilities.
(End of clause)
contractor shall provide the technical and
operating characteristics of the proposed
electromagnetic radiating device to the
NASA Center Facility Spectrum Manager
during the initial planning, experimental, or
developmental phase of contractual performance.
(c) This clause, including this paragraph
(c), shall be included in all subcontracts that
call for developing, producing, testing, or operating a device for which a radio frequency
authorization is required.
(End of clause)
[80 FR 12947, Mar. 12, 2015, as amended at 80
FR 50212, Aug. 19, 2015]
1852.223–72
form).
Safety and health (short
As prescribed in 1823.7001(f), insert
the following clause:
SAFETY AND HEALTH (SHORT FORM) (JUL 2015)
(a) Safety is the freedom from those conditions that can cause death, injury, occupational illness; damage to or loss of equipment or property, or damage to the environment. NASA is committed to protecting the
safety and health of the public, our team
members, and those assets that the Nation
entrusts to the Agency.
(b) The Contractor shall have a documented, comprehensive and effective health
and safety program with a proactive process
to identify, assess, and control hazards and
take all reasonable safety and occupational
health measures consistent with standard industry practice in performing this contract.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c) in subcontracts that exceed the
simplified acquisition threshold where work
will be conducted completely or partly on
Federally-controlled facilities.
[80 FR 73677, Nov. 25, 2015]
(End of clause)
1852.223–71 Authorization for Radio
Frequency Use.
As prescribed in 1823.7101, insert the
following clause:
AUTHORIZATION FOR RADIO FREQUENCY USE
(APR 2015)
kpayne on VMOFRWIN702 with $$_JOB
1852.223–73
(a) The contractor or subcontractor shall
obtain equipment authorization of use of
radio frequencies required in support of this
contract following the procedures in NPR
2570.1, NASA Radio Frequency (RF) Spectrum Management Manual.
(b) For any experimental, developmental,
or operational equipment for which the appropriate equipment frequency authorization
has not been made, the Contractor or sub-
[80 FR 36722, June 26, 2015]
1852.223–73 Safety and health plan.
As prescribed in 1823.7001(c), insert
the following provision:
SAFETY AND HEALTH PLAN (JUL 2015)
(a) The offeror shall submit a detailed safety and occupational health plan as part of its
proposal. The plan shall include a detailed
discussion of the policies, procedures, and
techniques that will be used to ensure the
safety and occupational health of Contractor
employees and to ensure the safety of all
working conditions throughout the performance of the contract.
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1852.223–74
48 CFR Ch. 18 (10–1–21 Edition)
(b) The plan shall similarly address subcontractor employee safety and occupational
health for those proposed subcontracts or
subcontract effort where the work will be
conducted completely or partly on a Federally-controlled facility.
(c) This plan, as approved by the Contracting Officer, will be incorporated into
any resulting contract.
(End of clause)
Alternate I (JUL 2015)
As prescribed in 1823.7001(c), delete the
first sentence in paragraph (a) of the basic
provision and substitute the following:
The apparent low bidder, upon request by
the Contracting Officer, shall submit a detailed safety and occupational health plan.
The plan shall be submitted within the time
specified by the Contracting Officer. Failure
to submit an acceptable plan shall make the
bidder ineligible for the award of a contract.
[80 FR 36722, June 26, 2015, as amended at 81
FR 12420, Mar. 9, 2016; 81 FR 24501, Apr. 26,
2016; 81 FR 71638, Oct. 18, 2016]
1852.223–74 Drug- and alcohol-free
workforce.
As prescribed in 1823.570–2, insert the
following clause:
kpayne on VMOFRWIN702 with $$_JOB
DRUG- AND ALCOHOL-FREE WORKFORCE (NOV
2015)
(a) Definitions.
Employee in a sensitive position means a contractor or subcontractor employee who has
been granted access to classified information; a contractor or subcontractor employee
in other positions that the contractor or subcontractor determines could reasonably be
expected to affect safety, security, National
security, or functions other than the foregoing requiring a high degree of trust and
confidence; and includes any employee performing in a position designated mission
critical or performing mission critical duties. The term also includes any applicant
who is tentatively selected for a position described in this paragraph.
Mission Critical Space Systems means the
collection of all space-based and groundbased systems used to conduct space missions or support activity in space, including,
but not limited to, the crewed space system,
space-based communication and navigation
systems, launch systems, and mission/launch
control.
Mission Critical Positions/Duties means positions or duties which, if performed in a
faulty, negligent, or malicious manner,
could jeopardize mission critical space systems and/or delay a mission.
(b)(1) The Contractor shall institute and
maintain a program for achieving a drug-
and alcohol-free workforce. As a minimum,
the program shall provide for pre-employment, reasonable suspicion, random, post-accident, and periodic recurring (follow-up)
testing of contractor employees in sensitive
positions for use, in violation of applicable
law or Federal regulation, of alcohol or a
controlled substance. The Contractor may
establish its testing or rehabilitation program in cooperation with other contractors
or organizations.
(2) In determining which positions to designate as ‘‘sensitive,’’ the contractor may
use the guidelines for determining testing
designated positions in NASA Procedural Requirements (NPR) 3792.1, NASA’s Plan for a
Drug Free Workplace, as a guide for the criteria and in designating ‘‘sensitive’’ positions for contractor employees.
(3) This clause neither prohibits nor requires the Contractor to test employees in a
foreign country. If the Contractor chooses to
conduct such testing, this does not authorize
the Contractor to violate foreign law in conducting such testing.
(4) The Contractor’s program shall conform
to the ‘‘Mandatory Guidelines for Federal
Workplace Drug Testing Programs’’ published by the Department of Health and
Human Services (73 FR 71858) and the procedures in 49 CFR part 40, ‘‘Procedures for
Transportation Workplace Drug and Alcohol
Testing Programs.’’
(i) The Contractor shall test for the following drugs: Marijuana, Cocaine, Amphetamines, Opiates and Phencyclidine (PCP) in
accordance with the Mandatory Guidelines
for Federal Workplace Drug Testing Programs Mandatory Guidelines, Section 3.1,
and 49 CFR 40.85.
(ii) The contractor shall comply with the
requirements and procedures for alcohol
testing at 49 CFR part 40.
(iii) The use of a controlled substance in
accordance with the terms of a valid prescription, or other uses authorized by law
shall not be subject to the requirements this
clause.
(5) The contractor shall conduct post-accident testing when the contractor determines
the employee’s actions are reasonably suspected of having caused or contributed to an
accident resulting in death or personal injury requiring immediate hospitalization or
damage to Government or private property
estimated to exceed $20,000. Upon request,
the Contractor shall provide the results of
post-accident testing to the Contracting Officer.
(c) (1) The Contractor’s program shall provide, where appropriate, for the suspension,
disqualification, or dismissal of any employee in a sensitive position in any instance
where a test conducted and confirmed under
the Contractor’s program indicates that such
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kpayne on VMOFRWIN702 with $$_JOB
National Aeronautics and Space Administration
individual has used, in violation of applicable law or Federal regulation, alcohol or a
controlled substance.
(2) The Contractor’s program shall further
prohibit any such individual from working in
a sensitive position on a NASA contract, unless such individual has completed a program of rehabilitation described in paragraph (d) of this clause.
(3) The Contractor’s program shall further
prohibit any such individual from working in
any sensitive position on a NASA contract if
the individual is determined under the Contractor’s program to have used, in violation
of applicable law or Federal regulation, alcohol or a controlled substance and the individual meets any of the following criteria:
(i) The individual had undertaken or completed a rehabilitation program described in
paragraph (d) of this clause prior to such use;
(ii) Following such determination, the individual refuses to undertake such a rehabilitation program;
(iii) Following such determination, the individual fails to complete such a rehabilitation program; or
(iv) The individual used a controlled substance or alcohol while on duty.
(d) The Contractor shall institute and
maintain an appropriate rehabilitation program which shall, as a minimum, provide for
the identification and opportunity for treatment of employees whose duties include responsibility for safety-sensitive, security, or
National security functions who are in need
of assistance in resolving problems with the
use of alcohol or controlled substances.
(e) The requirements of this clause shall
take precedence over any state or local Government laws, rules, regulations, ordinances,
standards, or orders that are inconsistent
with the requirements of this clause.
(f) For any collective bargaining agreement, the Contractor will negotiate the
terms of its program with employee representatives, as appropriate, under labor relations laws or negotiated agreements. Such
negotiation, however, cannot change the requirements of this clause. Employees covered under collective bargaining agreements
will not be subject to the requirements of
this clause until those agreements have been
modified, as necessary; provided, however,
that if one year after commencement of negotiation the parties have failed to reach
agreement, an impasse will be determined to
have been reached and the Contractor will
unilaterally implement the requirements of
this clause.
(g) The Contractor shall insert a clause
containing all the terms of this clause, including this paragraph (g), in all subcontracts in which work is performed by an
employee in a sensitive position, except subcontracts for commercial items (see FAR
parts 2 and 12).
1852.223–75
(End of clause)
[61 FR 7226, Feb. 27, 1996, as amended at 69
FR 60968, Oct. 14, 2004; 80 FR 60554, Oct. 7,
2015]
1852.223–75 Major breach of safety or
security.
As prescribed in 1823.7001(e)(1), insert
the following clause:
MAJOR BREACH OF SAFETY OR SECURITY (FEB
2002)
(a) Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment. Safety is essential to NASA and is a
material part of this contract. NASA’s safety priority is to protect: (1) The public; (2)
astronauts and pilots; (3) the NASA workforce (including contractor employees working on NASA contracts); and (4) high-value
equipment and property. A major breach of
safety may constitute a breach of contract
that entitles the Government to exercise any
of its rights and remedies applicable to material parts of this contract, including termination for default. A major breach of safety
must be related directly to the work on the
contract. A major breach of safety is an act
or omission of the Contractor that consists
of an accident, incident, or exposure resulting in a fatality or mission failure; or in
damage to equipment or property equal to or
greater than $1 million; or in any ‘‘willful’’
or ‘‘repeat’’ violation cited by the Occupational Safety and Health Administration
(OSHA) or by a state agency operating under
an OSHA approved plan.
(b) Security is the condition of safeguarding against espionage, sabotage, crime
(including computer crime), or attack. A
major breach of security may constitute a
breach of contract that entitles the Government to exercise any of its rights and remedies applicable to material parts of this
contract, including termination for default.
A major breach of security may occur on or
off Government installations, but must be
related directly to the work on the contract.
A major breach of security is an act or omission by the Contractor that results in compromise of classified information, illegal
technology transfer, workplace violence resulting in criminal conviction, sabotage,
compromise or denial of information technology services, equipment or property damage from vandalism greater than $250,000, or
theft greater than $250,000.
(c) In the event of a major breach of safety
or security, the Contractor shall report the
breach to the Contracting Officer. If directed
by the Contracting Officer, the Contractor
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1852.223–76
48 CFR Ch. 18 (10–1–21 Edition)
shall conduct its own investigation and report the results to the Government. The
Contractor shall cooperate with the Government investigation, if conducted.
Alternate I (FEB 2006) As prescribed
in 1823.7001(e)(2), substitute the following paragraphs (a) and (b) for paragraphs (a) and (b) of the basic clause:
(a) Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment. Safety is essential to NASA and is a
material part of this contract. NASA’s safety priority is to protect: (1) The public; (2)
astronauts and pilots; (3) the NASA workforce (including contractor employees working on NASA contracts); and (4) high-value
equipment and property. A major breach of
safety may constitute a breach of contract
that entitles the Government to exercise any
of its rights and remedies applicable to material parts of this contract, including termination. A major breach of safety must be related directly to the work on the contract. A
major breach of safety is an act or omission
of the Contractor that consists of an accident, incident, or exposure resulting in a fatality or mission failure; or in damage to
equipment or property equal to or greater
than $1 million; or in any ‘‘willful’’ or ‘‘repeat’’ violation cited by the Occupational
Safety and Health Administration (OSHA) or
by a state agency operating under an OSHA
approved plan.
(b) Security is the condition of safeguarding against espionage, sabotage, crime
(including computer crime), or attack. A
major breach of security may constitute a
breach of contract that entitles the Government to exercise any of its rights and remedies applicable to material parts of this
contract, including termination. A major
breach of security may occur on or off Government installations, but must be related
directly to the work on the contract. A
major breach of security is an act or omission by the Contractor that results in compromise of classified information, illegal
technology transfer, workplace violence resulting in criminal conviction, sabotage,
compromise or denial of information technology services, equipment or property damage from vandalism greater than $250,000, or
theft greater than $250,000.
kpayne on VMOFRWIN702 with $$_JOB
(End of clause)
[65 FR 37061, June 13, 2000, as amended at 65
FR 70316, Nov. 22, 2000; 66 FR 18053, Apr. 5,
2001; 67 FR 7618, Feb. 20, 2002; 71 FR 8989, Feb.
22, 2006; 81 FR 24501, Apr. 26, 2016]
1852.223–76 Federal Automotive Statistical Tool Reporting.
As prescribed at 1823.271 and 1851.205,
insert the following clause:
FEDERAL AUTOMOTIVE STATISTICAL TOOL
REPORTING (JUL 2003)
If authorized to operate Governmentowned or -leased vehicles, including interagency fleet management system (IFMS) vehicles or related services in performance of
this contract, the Contractor shall report
the data describing vehicle usage required by
the Federal Automotive Statistical Tool
(FAST) by October 15 of each year. FAST is
accessed through https://fastweb.inel.gov/ .
(End of clause)
[68 FR 43334, July 22, 2003, as amended at 80
FR 50212, Aug. 19, 2015]
1852.225–8 Duty-free entry of space articles (FEB 2000).
As prescribed in 1825.1101(e), add the
following paragraph (k) to the basic
clause at FAR 52.225–8:
(k) The following supplies will be given
duty-free entry:
[Insert the supplies that are to be accorded
duty-free entry.]
(End of addition)
[65 FR 10033, Feb. 25, 2000]
1852.225–70
Export Licenses.
As prescribed in 1825.1103–70(b), insert
the following clause:
EXPORT LICENSES (FEB 2000)
(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 [insert
name of NASA installation], where the foreign person will have access to export-controlled technical data or software.
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National Aeronautics and Space Administration
(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.
(End of clause)
Alternate I (FEB 2000). As prescribed
in 1825.1103–70(b), add the following
paragraph (e) as Alternate I to the
clause:
(e) The Contractor may request, in writing,
that the Contracting Officer authorizes it to
export ITAR-controlled technical data (including software) pursuant to the exemption
at 22 CFR 125.4(b)(3). The Contracting Officer
or designated representative may authorize
or direct the use of the exemption where the
data does not disclose details of the design,
development, production, or manufacture of
any defense article.
[65 FR 6916, Feb. 11, 2000, as amended at 65
FR 10033, Feb. 25, 2000]
1852.225–72
riod as the Contracting Officer may specify)
from the date of the contract, listing all subject inventions required to be disclosed during the period or certifying that there were
none.
(ii) A final new technology summary report, within 3 months after completion of
the contracted work, listing all subject inventions or certifying that there were none.
(iii) Upon request, the filing date, serial
number and title, a copy of the patent application, and patent number and issue date for
any subject invention in any country in
which the contractor has applied for patents.
(iv) An irrevocable power to inspect and
make copies of the patent application file,
by the Government, when a Federal Government employee is a co-inventor.
(End of addition)
(iii) The Contractor shall, through employee agreements or other suitable Contractor policy, require that its employees
‘‘will assign and do hereby assign’’ to the
Contractor all right, title, and interest in
any subject invention under this Contract.
[Reserved]
1852.227–11 Patent Rights—Ownership
by the Contractor (APR 2015).
As prescribed at 1827.303(b)(1), modify
the clause at FAR 52.227–11 by:
(1) Adding the following subparagraphs (5) and (6) to paragraph (c) of
the basic clause;
(2) By adding the following subparagraph (iii) to paragraph (e)(1) of the
basic clause;
(3) By using the following paragraph
(j) in lieu of paragraph (j) of the basic
clause; and
(4) By using the following subparagraph (2) in lieu of subparagraph (k)(2)
of the basic clause:
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1852.227–11
(5) The Contractor may use whatever format is convenient to disclose subject inventions required in subparagraph (c)(1). NASA
prefers that the contractor use either the
electronic or paper version of NASA Form
1679, Disclosure of Invention and New Technology (Including Software) to disclose subject inventions. Both the electronic and
paper versions of NASA Form 1679 may be
accessed at the electronic New Technology
Reporting Web site http://invention.nasa.gov.
(6) In addition to the above, the Contractor
shall provide the New Technology Representative identified in this contract at 1852.227–72
the following:
(i) An interim new technology summary
report every 12 months (or such longer pe-
(End of addition)
(j) For the purposes of this clause, communications between the Contractor and the
Government shall be as specified in the
NASA FAR Supplement at 1852.227–72, Designation of New Technology Representative
and Patent Representative.
(End of addition)
(2) The Contractor shall include the clause
in the NASA FAR Supplement at 1852.227–70,
New Technology—Other than a Small Business Firm or Nonprofit Organization, suitably modified to identify the parties, in all
subcontracts, regardless of tier, for experimental, developmental, research, design, or
engineering work to be performed by other
than a small business firm or nonprofit organization. At all tiers, the New Technology—
Other than a Small Business Firm or Nonprofit Organization clause shall be modified
to identify the parties as follows: references
to the Government are not changed, and in
all references to the Contractor the subcontractor is substituted for the Contractor so
that the subcontractor has all rights and obligations of the Contractor in the clause.
(End of substitution)
[80 FR 12947, Mar. 12, 2015, as amended at 80
FR 50212, Aug. 19, 2015]
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1852.227–14
48 CFR Ch. 18 (10–1–21 Edition)
1852.227–14 Rights In Data—General
(APR 2015).
As prescribed in 1827.409(b)(1), modify
the clause at FAR 52.227–14 by: (1) adding the following subparagraph (iv) to
paragraph (c)(1) of the basic clause; (2)
by adding the following provision to
the end of Alternate IV if used in lieu
of paragraph (c)(1) of the basic clause;
and (3) by adding subparagraph (4) to
paragraph (d) of the basic clause:
(iv) The contractor shall mark each
scientific and technical article based
on or containing data first produced in
the performance of this contract and
submitted for publication in academic,
technical or professional journals,
symposia proceedings or similar works
with a notice, similar in all material
respects to the following, on the cover
or first page of the article, reflecting
the Government’s non-exclusive worldwide license in the copyright.
GOVERNMENT RIGHTS NOTICE
This work was authored by employees of
[insert the name of the Contractor] under Contract No. [insert contract number] with the
National Aeronautics and Space Administration. The United States Government retains
and the publisher, by accepting the article
for publication, acknowledges that the
United States Government retains a non-exclusive, paid-up, irrevocable, worldwide license to reproduce, prepare derivative works,
distribute copies to the public, and perform
publicly and display publicly, or allow others
to do so, for United States Government purposes. All other rights are reserved by the
copyright owner.
(End of notice)
(End of addition)
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The contractor shall mark each scientific and technical article based on
or containing data first produced in the
performance of this contract and submitted for publication in academic,
technical or professional journals,
symposia proceedings or similar works
with a notice, similar in all material
respects to the following, on the cover
or first page of the article, reflecting
the Government’s non-exclusive worldwide license in the copyright.
GOVERNMENT RIGHTS NOTICE
This work was authored by employees of
[insert the name of the Contractor] under Con-
tract No. [insert contract number] with the
National Aeronautics and Space Administration. The United States Government retains
and the publisher, by accepting the article
for publication, acknowledges that the
United States Government retains a non-exclusive, paid-up, irrevocable, worldwide license to reproduce, prepare derivative works,
distribute copies to the public, and perform
publicly and display publicly, or allow others
to do so, for United States Government purposes. All other rights are reserved by the
copyright owner.
(End of notice)
(End of addition)
(4)(i) The Contractor agrees not to assert
claim to copyright, publish or release to others any computer software first produced in
the performance of this contract unless the
Contracting Officer authorizes through a
contract modification.
(ii) The prohibition on ‘‘release to others,’’
as set forth in (d)(4)(i), does not prohibit release to another Federal Agency for its use
or its contractors’ use, as long as any such
release is consistent with any restrictive
markings on the software. Any restrictive
markings on the software shall take precedence over the aforementioned release. Any
release to a Federal Agency shall limit use
to the Federal Agency or its contractors for
Government purposes only. Any other release shall require the Contracting Officer’s
prior written permission.
(iii) If the Government desires to obtain
copyright in computer software first produced in the performance of this contract
and permission has not been granted as set
forth in paragraph (d)(4)(i) of this clause, the
Contracting Officer may direct the contractor to assert, or authorize the assertion
of, a claim to copyright in such data and to
assign, or obtain the assignment of, such
copyright to the Government or its designated assignee.
(End of addition)
[80 FR 12947, Mar. 12, 2015, as amended at 80
FR 50212, Aug. 19, 2015]
1852.227–17
[Reserved]
1852.227–19 Commercial
computer
software—Restricted rights (JUL
1997).
(a) As prescribed in 1827.409(k)(i), add
the following paragraph (e) to the basic
clause at FAR 52.227–19:
(e) For the purposes of receiving updates,
correction notices, consultation information, or other similar information regarding
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National Aeronautics and Space Administration
any computer software delivered under this
contract/purchase order, the NASA Contracting Officer or the NASA Contracting Officer’s Technical Representative/User may
sign any vendor supplied agreements, registration forms, or cards and return them directly to the vendor; however, such signing
shall not alter any of the rights or obligations of either NASA or the vendor set forth
in this clause or elsewhere in this contract/
purchase order.
(End of addition)
(b) As prescribed in 1827.409(k)(ii), add
the following paragraph (f) to the basic
clause at FAR 52.227–19:
(f) Subject to paragraphs (a) through (e)
above, those applicable portions of the Contractor’s standard commercial license or
lease agreement pertaining to any computer
software delivered under this purchase order/
contract that are consistent with Federal
laws, standard industry practices, and the
Federal Acquisition Regulation (FAR) shall
be incorporated into and made part of this
purchase order/contract.
(End of addition)
[55 FR 27090, June 29, 1990, as amended at 55
FR 47480, Nov. 14, 1990; 55 FR 53153, Dec. 27,
1990; 62 FR 36734, July 9, 1997]
1852.227–70 New
Technology—Other
than a Small Business Firm or Nonprofit Organization.
As prescribed in 1827.303(d)(1), insert
the following clause:
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NEW TECHNOLOGY—OTHER THAN A SMALL
BUSINESS FIRM OR NONPROFIT ORGANIZATION (APR 2015)
(a) Definitions. As used in this clause—
‘‘Administrator’’ means the Administrator
of the National Aeronautics and Space Administration (NASA) or duly authorized representative.
‘‘Made’’ means—
(1) When used in relation to any invention
other than a plant variety, the conception or
first actual reduction to practice of the invention; or
(2) When used in relation to a plant variety, that the Contractor has at least tentatively determined that the variety has
been reproduced with recognized characteristics.
‘‘Nonprofit organization’’ means a domestic university or other institution of higher
education or an organization of the type described in section 501(c)(3) of the Internal
Revenue Code of 1954 (26 U.S.C. 501(c)) and
exempt from taxation under section 501(a) of
the Internal Revenue Code (26 U.S.C. 501(a)),
1852.227–70
or any domestic nonprofit scientific or educational organization qualified under a State
nonprofit organization statute.
‘‘Practical application’’ means to manufacture, in the case of a composition or product;
to practice, in the case of a process or method; or to operate, in the case of a machine or
system; and, in each case, under such conditions as to establish that the invention is
being utilized and that its benefits are, to
the extent permitted by law or Government
regulations, available to the public on reasonable terms.
‘‘Reportable item’’ means any invention,
discovery, improvement, or innovation of the
contractor, whether or not patentable or
otherwise protectable under Title 35 of the
United States Code, made in the performance of any work under any NASA contract
or in the performance of any work that is reimbursable under any clause in any NASA
contract providing for reimbursement of
costs incurred before the effective date of
the contract. Reportable items include, but
are not limited to, new processes, machines,
manufactures, and compositions of matter,
and improvements to, or new applications of,
existing processes, machines, manufactures,
and compositions of matter. Reportable
items also include new computer programs,
and improvements to, or new applications of,
existing computer programs, whether or not
copyrightable or otherwise protectible under
Title 17 of the United States Code.
‘‘Small business firm’’ means a domestic
small business concern as defined at 15
U.S.C. 632 and implementing regulations of
the Administrator of the Small Business Administration. (For the purpose of this definition, the criteria and size standard adopted
in the FAR Subpart 2.1 definitions for ‘‘small
business concern’’ and for ‘‘small business
subcontractor’’ will be used.)
‘‘Subject invention’’ means any reportable
item which is or may be patentable or otherwise protectible under Title 35 of the United
States Code, or any novel variety of plant
that is or may be protectible under the Plant
Variety Protection Act (7 U.S.C. 2321, et seq.).
(b) Allocation of principal rights—(1) Presumption of title. (i) Any reportable item that
the Administrator considers to be a subject
invention shall be presumed to have been
made in the manner specified in paragraph
(1)(A) or (1)(B) of Section 20135(b) of the National Aeronautics and Space Act (51 U.S.C.
20135(b)) (hereinafter ‘‘the Act’’), and the
above presumption shall be conclusive unless
at the time of reporting the reportable item
in accordance with paragraph (e)(2) of this
clause the Contractor submits to the Contracting Officer a written statement, containing supporting details, demonstrating
that the reportable item was not made in the
manner specified in the Act.
(ii) Regardless of whether title to a given
subject invention would otherwise be subject
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1852.227–70
48 CFR Ch. 18 (10–1–21 Edition)
to an advance waiver or is the subject of a
petition for waiver as described in paragraph
(b)(3) of this clause, the Contractor may nevertheless file the statement described in
paragraph (b)(1)(i) of this clause. The Administrator will review the information furnished by the Contractor in any such statement and any other available information
relating to the circumstances surrounding
the making of the subject invention and will
notify the Contractor whether the Administrator has determined that the subject invention was made in the manner specified in
paragraph (1)(A) or (1)(B) of Section 20135(b)
of the Act.
(2) Property rights in subject inventions. Each
subject invention for which the presumption
of paragraph (b)(1)(i) of this clause is conclusive or for which there has been a determination that it was made in the manner specified in paragraph (1)(A) or (1)(B) of Section
20135(b) of the Act shall be the exclusive
property of the United States as represented
by NASA unless the Administrator waives
all or any part of the rights of the United
States, as provided in paragraph (b)(3) of this
clause.
(3) Waiver of rights. (i) Section 20135(g) of
the Act provides for the promulgation of regulations by which the Administrator may
waive all or any part of the rights of the
United States with respect to any invention
or class of inventions made or that may be
made under conditions specified in paragraph (1)(A) or (1)(B) of Section 20135(b) of
the Act. The promulgated NASA Patent
Waiver Regulations, 14 CFR part 1245, subpart 1, provide procedures for the Contractor
to submit petitions (requests) for waiver of
rights and guidance for NASA in acting on
petitions for such waiver of rights.
(ii) As provided in 14 CFR part 1245, subpart 1, the Contractor may petition, either
prior to execution of the contract or within
30 days after execution of the contract, for
advance waiver of rights to any invention or
class of inventions that may be made under
a contract. If such a petition is not submitted, or if after submission it is denied,
the Contractor (or an employee inventor of
the Contractor) may petition for waiver of
rights to an identified subject invention
within eight months of first disclosure of invention in accordance with paragraph (e)(2)
of this clause, or within such longer period
as may be authorized in accordance with 14
CFR 1245.105.
(c) Minimum rights reserved by the Government.
(1) With respect to each subject invention
for which a waiver of rights has been granted, the Government reserves—
(i) An irrevocable, nonexclusive, nontransferable, royalty-free license for the
practice of such invention throughout the
world by or on behalf of the United States or
any foreign government in accordance with
any treaty or agreement with the United
States; and
(ii) Such other rights as stated in 14 CFR
1245.107.
(2) Nothing contained in this paragraph (c)
shall be considered to grant to the Government any rights with respect to any invention other than a subject invention.
(d) Minimum rights to the Contractor.
(1) The Contractor is hereby granted a revocable, nonexclusive, royalty-free license in
each patent application filed in any country
on a subject invention in which the Government has title and in any resulting patent,
unless the Contractor fails to disclose the
subject invention within the times specified
in paragraph (e)(2) of this clause. The Contractor’s license extends to its domestic subsidiaries and affiliates, if any, within the
corporate structure of which the Contractor
is a party and includes the right to grant
sublicenses of the same scope to the extent
the Contractor was legally obligated to do so
at the time the contract was awarded. The
license is transferable only with the approval
of the Administrator except when transferred to the successor of that part of the
Contractor’s business to which the invention
pertains.
(2) The Contractor’s domestic license may
be revoked or modified by the Administrator
to the extent necessary to achieve expeditious practical application of the subject invention pursuant to an application for an exclusive license submitted in accordance with
37 CFR part 404, Licensing of Government
Owned Inventions. The Contractor’s license
will not be revoked in that field of use or the
geographical areas in which the Contractor
has achieved practical application and continues to make the benefits of the invention
reasonably accessible to the public. The license in any foreign country may be revoked
or modified at the discretion of the Administrator to the extent the Contractor, its licensees, or its domestic subsidiaries or affiliates have failed to achieve practical application in that foreign country.
(3) Before revoking or modifying the Contractor’s license, the Contractor will be provided a written notice of the Administrator’s
intention to revoke or modify the license,
and the Contractor will be allowed 30 days
(or such other time as may be authorized by
the Administrator for good cause shown)
after the notice to show cause why the license should not be revoked or modified. The
Contractor has the right to appeal to the Administrator any decision concerning the revocation or modification of its license.
(e) Contractor’s obligations.
(1) The Contractor shall establish and
maintain active and effective procedures to
assure that reportable items are promptly
identified and disclosed to Contractor personnel responsible for the administration of
this New Technology—Other Than a Small
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National Aeronautics and Space Administration
Business Firm or Nonprofit Organization
clause within six months of conception and/
or first actual reduction to practice, whichever occurs first in the performance of work
under this contract. These procedures shall
include the maintenance of laboratory notebooks or equivalent records and other
records as are reasonably necessary to document the conception and/or the first actual
reduction to practice of the reportable
items, and records that show that the procedures for identifying and disclosing reportable items are followed. Upon request, the
Contractor shall furnish the Contracting Officer a description of such procedures for
evaluation and for determination as to their
effectiveness.
(2) The Contractor shall disclose in writing
each reportable item to the Contracting Officer within two months after the inventor
discloses it in writing to Contractor personnel responsible for the administration of
this New Technology—Other Than a Small
Business Firm or Nonprofit Organization
clause or within six months after the Contractor becomes aware that a reportable
item has been made, whichever is earlier, but
in any event for subject inventions before
any on sale, public use, or publication of
such invention known to the Contractor. The
disclosure to the agency shall identify the
inventor(s) or innovator(s) and this contract
under which the reportable item was made.
It shall be sufficiently complete in technical
detail to convey a clear understanding, to
the extent known at the time of the disclosure, of the nature, purpose, operation, and
physical, chemical, biological, or electrical
characteristics of the reportable item. The
disclosure shall also identify any publication, sale or offer for sale, or public use of
any subject invention and whether a manuscript describing such invention has been
submitted for publication and, if so, whether
it has been accepted for publication at the
time of disclosure. In addition, after disclosure to the agency, the Contractor will
promptly notify the agency of the acceptance of any manuscript describing a subject
invention for publication or of any sale, offer
for sale, or public use planned by the Contractor for such invention.
(3) The Contractor may use whatever format is convenient to disclose reportable
items required in subparagraph (e)(2). NASA
prefers that the Contractor use either the
electronic or paper version of NASA Form
1679, Disclosure of Invention and New Technology (including computer software) to disclose reportable items. Both the electronic
and paper versions of NASA Form 1679 may
be accessed at the electronic New Technology Reporting Web site http://invention.nasa.gov.
(4) The Contractor shall furnish the Contracting Officer the following:
1852.227–70
(i) Interim new technology summary reports every 12 months (or such longer period
as may be specified by the Contracting Officer) from the date of the contract, listing reportable items during that period, and certifying that all reportable items have been disclosed (or that there are no such inventions).
(ii) A final new technology summary report, within 3 months after completion of
the contracted work, listing all reportable
items or certifying that there were no such
reportable items, and listing all subcontracts
at any tier containing a patent rights clause
or certifying that there were no such subcontracts.
(5) The Contractor agrees, upon written request of the Contracting Officer, to furnish
additional technical and other information
available to the Contractor as is necessary
for the preparation of a patent application
on a subject invention and for the prosecution of the patent application, and to execute all papers necessary to file patent applications on subject inventions and to establish the Government’s rights in the subject
inventions.
(6) The Contractor agrees, subject to paragraph 27.302(j) of the Federal Acquisition
Regulation (FAR), that the Government may
duplicate and disclose subject invention disclosures and all other reports and papers furnished or required to be furnished pursuant
to this clause.
(f) Examination of records relating to inventions.
(1) The Contracting Officer or any authorized representative shall, until 3 years after
final payment under this contract, have the
right to examine any books (including laboratory notebooks), records, and documents
of the Contractor relating to the conception
or first actual reduction to practice of inventions in the same field of technology as the
work under this contract to determine
whether—
(i) Any such inventions are subject inventions;
(ii) The Contractor has established and
maintained the procedures required by paragraph (e)(1) of this clause; and
(iii) The Contractor and its inventors have
complied with the procedures.
(2) If the Contracting Officer learns of an
unreported Contractor invention that the
Contracting Officer believes may be a subject invention, the Contracting Officer may
require the Contractor to disclose the invention to the agency for a determination of
ownership rights.
(3) Any examination of records under this
paragraph will be subject to appropriate conditions to protect the confidentiality of the
information involved.
(g) Withholding of payment (this paragraph does not apply to subcontracts).
(1) Any time before final payment under
this contract, the Contracting Officer may,
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1852.227–70
48 CFR Ch. 18 (10–1–21 Edition)
in the Government’s interest, withhold payment until a reserve not exceeding $50,000 or
5 percent of the amount of this contract,
whichever is less, shall have been set aside if,
in the Contracting Officer’s opinion, the Contractor fails to—
(i) Establish, maintain, and follow effective procedures for identifying and disclosing
reportable items pursuant to paragraph (e)(1)
of this clause;
(ii) Disclose any reportable items pursuant
to paragraph (e)(2) of this clause;
(iii) Deliver acceptable interim new technology summary reports pursuant to paragraph (e)(4)(i) of this clause or a final new
technology summary report pursuant to
paragraph (e)(4) (ii) of this clause; or
(iv) Provide the information regarding subcontracts pursuant to paragraph (h)(4) of
this clause.
(2) Such reserve or balance shall be withheld until the Contracting Officer has determined that the Contractor has rectified
whatever deficiencies exist and has delivered
all reports, disclosures, and other information required by this clause.
(3) Final payment under this contract shall
not be made before the Contractor delivers
to the Contracting Officer all disclosures of
reportable items required by paragraph (e)(2)
of this clause, and an acceptable final new
technology summary report pursuant to
paragraph (e)(4)(ii) of this clause.
(4) The Contracting Officer may decrease
or increase the sums withheld up to the maximum authorized above. No amount shall be
withheld under this paragraph while the
amount specified by this paragraph is being
withheld under other provisions of the contract. The withholding of any amount or the
subsequent payment thereof shall not be
construed as a waiver of any Government
rights.
(h) Subcontracts.
(1) Unless otherwise authorized or directed
by the Contracting Officer, the Contractor
shall—
(i) Include this clause (suitably modified to
identify the parties) in any subcontract hereunder (regardless of tier) with other than a
small business firm or nonprofit organization for the performance of experimental, developmental, or research work; or
(ii) Include the clause at FAR 52.227–11, as
modified by 1852.227–11, (suitably modified to
identify the parties) in any subcontract hereunder (regardless of tier) with a small business firm or nonprofit organization for the
performance of experimental, developmental,
or research work; and
(iii) Modify the applicable clause in any
subcontract hereunder (regardless of tier) to
identify the parties as follows: references to
the Government are not changed, and in all
references to the Contractor, the subcontractor is substituted for the Contractor so
that the subcontractor has all rights and obligations of the Contractor in the clause.
(2) In the event of a refusal by a prospective subcontractor to accept such a clause
the Contractor—
(i) Shall promptly submit a written notice
to the Contracting Officer setting forth the
subcontractor’s reasons for such refusal and
other pertinent information that may expedite disposition of the matter; and
(ii) Shall not proceed with such subcontract without the written authorization
of the Contracting Officer.
(3) In the case of subcontracts at any tier,
the agency, subcontractor, and Contractor
agree that the mutual obligations of the parties created by this clause constitute a contract between the subcontractor and NASA
with respect to those matters covered by
this clause.
(4) The Contractor shall promptly notify
the Contracting Officer in writing upon the
award of any subcontract hereunder (regardless of tier) by identifying the subcontractor,
the applicable patent rights clause in the
subcontract, the work to be performed under
the subcontract, and the dates of award and
estimated completion. Upon request of the
Contracting Officer, the Contractor shall furnish a copy of such subcontract, and, no
more frequently than annually, a listing of
the subcontracts that have been awarded.
(5) The subcontractor will retain all rights
provided for the Contractor in the clause of
paragraph (h)(1)(i) or (ii) of this clause,
whichever is included in the subcontract,
and the Contractor will not, as part of the
consideration for awarding the subcontract,
obtain rights in the subcontractor’s subject
inventions.
(i) Preference for United States industry.
Unless provided otherwise, no Contractor
that receives title to any subject invention
and no assignee of any such Contractor shall
grant to any person the exclusive right to
use or sell any subject invention in the
United States unless such person agrees that
any products embodying the subject invention will be manufactured substantially in
the United States. However, in individual
cases, the requirement may be waived by the
Administrator upon a showing by the Contractor or assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under
the circumstances domestic manufacture is
not commercially feasible.
(End of clause)
[80 FR 12948, Mar. 12, 2015, as amended at 80
FR 50212, Aug. 19, 2015; 81 FR 13747, Mar. 15,
2016]
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National Aeronautics and Space Administration
1852.227–71 Requests for Waiver of
Rights to Inventions.
As prescribed in 1827.303(d)(2), insert
the following provision in all solicitations that include the clause at
1852.227–70, New Technology—Other
than a Small Business Firm or Nonprofit Organization:
kpayne on VMOFRWIN702 with $$_JOB
REQUESTS FOR WAIVER OF RIGHTS TO
INVENTIONS (APR 2015)
(a) In accordance with Section 20135(g) of
the National Aeronautics and Space Act (51
U.S.C. 20135(g)) (hereinafter ‘‘the Act’’) and
the NASA Patent Waiver Regulations, 14
CFR part 1245, subpart 1, NASA may waive
all or any part of the rights of the United
States with respect to any invention or class
of inventions made or that may be made
under a NASA contract or subcontract with
other than a small business firm or a domestic nonprofit organization if the Administrator determines that the interests of the
United States will be served thereby. Waiver
of rights in inventions made or that may be
made under such NASA contract or subcontract may be requested at different time
periods. Advance waiver of rights to any invention or class of inventions that may be
made under a contract or subcontract may
be requested prior to the execution of the
contract or subcontract, or within 30 days
after execution by the selected contractor
(or such longer period as may be specified by
the Contracting Officer). In addition, waiver
of rights to an individually identified invention or to a class of inventions made and reported under a contract or subcontract may
be requested, even though a request for an
advance waiver was not made or, if made,
was not granted.
(b) Each request for waiver of rights shall
be by petition to the Administrator. No specific forms need be used, but the request
should contain a positive statement that
waiver of rights is being requested under the
NASA Patent Waiver Regulations; a clear indication of whether the request is for an advance waiver or for a waiver of rights for an
individually identified invention or class of
inventions; whether foreign rights are also
requested and, if so, the countries, and a citation of the specific section or sections of
the regulations under which such rights are
requested. For individually identified inventions or a class of inventions, the petition
shall identify each invention with particularity (e.g., by NASA’s assigned number to
the Disclosure of Invention and New Technology report or by title and inventorship).
For advance waivers, the petition shall identify the invention or class of inventions that
the Contractor believes will be made under
the contract and for which waiver is being
requested. To meet the statutory standard of
1852.227–71
‘‘any invention or class of inventions,’’ the
petition must be directed to a single invention or to inventions directed to a particular
process, machine, manufacture, or composition of matter, or to a narrowly-drawn, focused area of technology. Additionally, each
petition shall include an identification of the
petitioner; place of business and address; if
petitioner is represented by counsel, the
name, address and telephone number of the
counsel; the name, address, and telephone
number of the party with whom to communicate when the request is acted upon; the
signature of the petitioner or authorized representative; and the date of signature. In
general, waivers are granted in order to provide for the widest practicable dissemination
of new technology resulting from NASA programs, and to promote early utilization, expeditious development, and continued availability of this new technology for commercial purposes and the public benefit. Thus, it
is preferable that the petition also include a
description of the Contractor’s plan for commercializing the invention or class of inventions for which waiver is being requested
(e.g., identify specific fields of use).
(c) Petitions for advance waiver of rights
should, preferably, be included with the proposal, or at least in advance of contract negotiations. Petitions for advance waiver,
prior to contract execution, shall be submitted to the Contracting Officer. All other
petitions shall be submitted to the Patent
Representative designated in the contract.
(d) Petitions submitted with proposals selected for negotiation of a contract will be
forwarded by the Contracting Officer to the
installation Patent Counsel for processing
and then to the Inventions and Contributions
Board. The Board will consider these petitions and where the Board makes the findings to support the waiver, the Board will
recommend to the Administrator that waiver be granted, and will notify the petitioner
and the Contracting Officer of the Administrator’s determination. The Contracting Officer will be informed by the Board whenever
there is insufficient time or information or
other reasons to permit a decision to be
made without unduly delaying the execution
of the contract. In the latter event, the petitioner will be so notified by the Contracting
Officer. All other petitions will be processed
by installation Patent Counsel and forwarded to the Board. The Board shall notify
the petitioner of its action and if waiver is
granted, the conditions, reservations, and
obligations thereof will be included in the
Instrument of Waiver. Whenever the Board
notifies a petitioner of a recommendation
adverse to, or different from, the waiver requested, the petitioner may request reconsideration under procedures set forth in the
Regulations.
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1852.227–72
48 CFR Ch. 18 (10–1–21 Edition)
be a small business or a nonprofit organization:
(End of provision)
[80 FR 12950, Mar. 12, 2015, as amended at 80
FR 50212, Aug. 19, 2015]
1852.227–72 Designation of New Technology Representative and Patent
Representative.
As prescribed in 1827.303(d)(3), insert
the following clause:
DESIGNATION
OF NEW TECHNOLOGY REPRESENTATIVE AND PATENT REPRESENTATIVE
PATENT RIGHTS CLAUSES (APR 2015)
This solicitation contains the patent
rights clauses of FAR 52.227–11 (as modified
by the NFS) and NFS 1852.227–70. If the contract resulting from this solicitation is
awarded to a small business or nonprofit organization, the clause at NFS 1852.227–70
shall not apply. If the award is to other than
a small business or nonprofit organization,
the clause at FAR 52.227–11 shall not apply.
(APR 2015)
(End of provision)
(a) For purposes of administration of the
clause of this contract entitled ‘‘New Technology—Other than a Small Business Firm
or Nonprofit Organization’’ or ‘‘Patent
Rights—Ownership by the Contractor,’’
whichever is included, the installation New
Technology and Patent Representatives
identified at http://prod.nais.nasa.gov/portals/
pl/newltechlpocs.html are hereby designated
by the Contracting Officer to administer
such clause for the appropriate installation:
(b) Disclosures of reportable items and of
subject inventions, interim new technology
summary reports, final new technology summary reports, utilization reports, and other
reports required by the applicable ‘‘New
Technology’’ or ‘‘Patent Rights—Ownership
by the Contractor’’ clause, as well as any
correspondence with respect to such matters,
shall be directed to the New Technology Representative unless transmitted in response to
correspondence or request from the Patent
Representative. Inquiries or requests regarding disposition of rights, election of rights,
or related matters shall be directed to the
Patent Representative. This clause shall be
included in any subcontract hereunder requiring a ‘‘New Technology—Other than a
Small Business Firm or Nonprofit Organization’’ clause or ‘‘Patent Rights—Ownership
by the Contractor’’ clause, unless otherwise
authorized or directed by the Contracting Officer. The respective responsibilities and authorities of the aforementioned representatives are set forth in 1827.305–270 of the NASA
FAR Supplement.
(End of clause
[80 FR 12951, Mar. 12, 2015, as amended at 80
FR 50212, Aug. 19, 2015]
kpayne on VMOFRWIN702 with $$_JOB
1852.227–84
Patent Rights Clauses.
As prescribed in 1827.303(a)(1), the
contracting officer shall insert the following provision in solicitations for experimental, developmental, or research
work to be performed in the United
States when the eventual awardee may
[80 FR 12951, Mar. 12, 2015, as amended at 80
FR 50212, Aug. 19, 2015]
1852.227–85 Invention Reporting and
Rights—Foreign.
As prescribed in 1827.303(e)(1), insert
the following clause:
INVENTION REPORTING AND RIGHTS—FOREIGN
(APR 2015)
(a) As used in this clause, the term ‘‘invention’’ means any invention, discovery or
improvement, and ‘‘made’’ means the conception or first actual demonstration that
the invention is useful and operable.
(b) The Contractor shall report promptly
to the Contracting Officer each invention
made in the performance of work under this
contract. The report of each such invention
shall:
(1) Identify the inventor(s) by full name;
and
(2) Include such full and complete technical information concerning the invention
as is necessary to enable an understanding of
the nature and operation thereof.
(c) The Contractor hereby grants to the
Government of the United States of America
as represented by the Administrator of the
National Aeronautics and Space Administration the full right, title and interest in and
to each such invention throughout the
world, except for the foreign country in
which this contract is to be performed. As to
such foreign country, Contractor hereby
grants to the Government of the United
States of America as represented by the Administrator of the National Aeronautics and
Space Administration an irrevocable, nontransferable, nonexclusive, royalty-free license to practice each such invention by or
on behalf of the United States of America or
any foreign government pursuant to any
treaty or agreement with the United States
of America, provided that Contractor within
a reasonable time files a patent application
in that foreign country for each such invention. Where Contractor does not elect to file
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National Aeronautics and Space Administration
such patent application for any such invention in that foreign country, full right, title
and interest in and to such invention in that
foreign country shall reside in the Government of the United States of America as represented by the Administrator of the National Aeronautics and Space Administration.
(d) The Contractor agrees to execute or to
secure the execution of such legal instruments as may be necessary to confirm and to
protect the rights granted by paragraph (c)
of this clause, including papers incident to
the filing and prosecution of patent applications.
(e) Upon completion of the contract work,
and prior to final payment, Contractor shall
submit to the Contracting Officer a final report listing all inventions required to be reported under this contract or certifying that
no such inventions have been made.
(f) In each subcontract, the Contractor
awards under this contract where the performance of research, experimental design,
engineering, or developmental work is contemplated, the Contractor shall include this
clause (suitably modified to substitute the
subcontractor in place of the Contractor)
and the name and address of the Contracting
Officer.
(End of clause)
[80 FR 12951, Mar. 12, 2015, as amended at 80
FR 50212, Aug. 19, 2015]
1852.227–86 Commercial
Computer
Software License.
As prescribed in 1827.409(g), insert the
following clause:
kpayne on VMOFRWIN702 with $$_JOB
COMMERCIAL COMPUTER SOFTWARE LICENSE
(APR 2015)
(a) Any delivered commercial computer
software (including documentation thereof)
developed at private expense and claimed as
proprietary shall be subject to the restricted
rights in paragraph (d) of this clause. Where
the vendor/contractor proposes its standard
commercial software license, those applicable portions thereof consistent with Federal
laws, standard industry practices, the Federal Acquisition Regulations (FAR) and the
NASA FAR Supplement, including the restricted rights in paragraph (d) of this
clause, are incorporated into and made a
part of this purchase order/contract. Those
portions of the vendor’s/contractor’s standard commercial license or lease agreement
that conflict with Federal law (e.g., indemnity provisions or choice of law provisions
that specify other than Federal law) are not
incorporated into and made a part of this
purchase order/contract and do not apply to
any computer software delivered under this
purchase order/contract.
1852.227–86
(b) If the vendor/contractor does not propose its standard commercial software license until after this purchase order/contract has been issued, or until at or after the
time the computer software is delivered,
such license shall nevertheless be deemed incorporated into and made a part of this purchase order/contract under the same terms
and conditions as in paragraph (a) of this
clause. For purposes of receiving updates,
correction notices, consultation, and similar
activities on the computer software, no document associated with the aforementioned
activities shall alter the terms of this clause
unless such document explicitly references
this clause and an intent to amend this
clause and is signed by the NASA Contracting Officer.
(c) The vendor’s/contractor’s acceptance is
expressly limited to the terms and conditions of this purchase order/contract. If the
specified computer software is shipped or delivered to NASA, it shall be understood that
the vendor/contractor has unconditionally
accepted the terms and conditions set forth
in this clause, and that such terms and conditions (including the incorporated license)
constitute the entire agreement between the
parties concerning rights in the computer
software.
(d) The following restricted rights shall
apply:
(1) The commercial computer software
may not be used, reproduced, or disclosed by
the Government, or Government contractors
or their subcontractors at any tier, except as
provided below or otherwise expressly stated
in the purchase order/contract.
(2) The commercial computer software
may be—
(i) Used, or copied for use, in or with any
computer owned or leased by, or on behalf of,
the Government; provided, the software is
not used, nor copied for use, in or with more
than one computer simultaneously, unless
otherwise permitted by the license incorporated under paragraphs (a) or (b) of this
clause;
(ii) Reproduced for safekeeping (archives)
or backup purposes;
(iii) Modified, adapted, or combined with
other computer software, provided that the
modified, combined, or adapted portions of
the derivative software incorporating restricted computer software shall be subject
to the same restricted rights; and
(iv) Disclosed and reproduced for use by
Government contractors or their subcontractors in accordance with the restricted rights
in paragraphs (d)(2)(i), (ii), and (iii) of this
clause; provided they have the Government’s
permission to use the computer software and
have also agreed to protect the computer
software from unauthorized use and disclosure.
(3) If the incorporated vendor’s/contractor’s software license contains provisions or
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1852.227–88
48 CFR Ch. 18 (10–1–21 Edition)
rights that are less restrictive than the restricted rights in paragraph (d)(2) of this
clause, then the less restrictive provisions or
rights shall prevail.
(4) If the computer software is otherwise
available without disclosure restrictions, it
is licensed to the Government, without disclosure restrictions, with the rights in paragraphs (d)(2) and (3) of this clause.
(5) The Contractor shall affix a notice substantially as follows to any commercial computer software delivered under this contract:
Notice—Notwithstanding any other lease
or license agreement that may pertain to, or
accompany the delivery of, this computer
software, the rights of the Government regarding its use, reproduction and disclosure
are set forth in Government Contract No.
llllll.
(End of clause)
[80 FR 12951, Mar. 12, 2015, as amended at 80
FR 50212, Aug. 19, 2015]
1852.227–88 Government-furnished
computer software and related
technical data.
As prescribed in 1827.409(m)(1), insert
the following clause:
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GOVERNMENT–FURNISHED COMPUTER SOFTWARE AND RELATED TECHNICAL DATA (APR
2015)
(a) Definitions. As used in this clause—
‘‘Government-furnished computer software’’
or ‘‘GFCS’’ means computer software:
(1) In the possession of, or directly acquired by, the Government whereby the Government has title or license rights thereto;
and
(2) Subsequently furnished to the Contractor for performance of a Government
contract.
‘‘Computer software,’’ ‘‘data’’ and ‘‘technical
data’’ have the meaning provided in the Federal Acquisition Regulations (FAR) Subpart
2.1—Definitions or the Rights in Data—General clause (FAR 52.227–14).
(b) The Government shall furnish to the
Contractor the GFCS described in this contract or in writing by the Contracting Officer. The Government shall furnish any related technical data needed for the intended
use of the GFCS.
(c) Use of GFCS and related technical data.
The Contractor shall use the GFCS and related technical data, and any modified or enhanced versions thereof, only for performing
work under this contract unless otherwise
provided for in this contract or approved in
writing by the Contracting Officer.
(1) The Contractor shall not, without the
express written permission of the Contracting Officer, reproduce, distribute copies,
prepare derivative works, perform publicly,
display publicly, release, or disclose the
GFCS or related technical data to any person except for the performance of work
under this contract.
(2) The Contractor shall not modify or enhance the GFCS unless this contract specifically identifies the modifications and enhancements as work to be performed. If the
GFCS is modified or enhanced pursuant to
this contract, the Contractor shall provide
to the Government the complete source code,
if any, and all related documentation of the
modified or enhanced GFCS.
(3) Allocation of rights associated with any
GFCS or related technical data modified or
enhanced under this contract shall be defined by the FAR Rights in Data clause(s) included in this contract (as modified by any
applicable NASA FAR Supplement clauses).
If no Rights in Data clause is included in
this contract, then the FAR Rights in Data—
General (52.227–14) as modified by the NASA
FAR Supplement (1852.227–14) shall apply to
all data first produced in the performance of
this contract and all data delivered under
this contract.
(4) The Contractor may provide the GFCS,
and any modified or enhanced versions thereof, to subcontractors as necessary for the
performance of work under this contract. Before release of the GFCS, and any modified
or enhanced versions thereof, to such subcontractors (at any tier), the Contractor
shall insert, or require the insertion of, this
clause, including this paragraph (c)(4), suitably modified to identify the parties as follows: references to the Government are not
changed, and in all references to the Contractor the subcontractor is substituted for
the Contractor so that the subcontractor has
all rights and obligations of the Contractor
in the clause.
(d) The Government provides the GFCS in
an ‘‘AS–IS’’ condition. The Government
makes no warranty with respect to the serviceability and/or suitability of the GFCS for
contract performance.
(e) The Contracting Officer may by written
notice, at any time—
(1) Increase or decrease the amount of
GFCS under this contract;
(2) Substitute other GFCS for the GFCS
previously furnished, to be furnished, or to
be acquired by the Contractor for the Government under this contract;
(3) Withdraw authority to use the GFCS or
related technical data; or
(4) Instruct the Contractor to return or dispose of the GFCS and related technical data.
(f) Title to or license rights in GFCS. The
Government shall retain title to or license
rights in all GFCS. Title to or license rights
in GFCS shall not be affected by its incorporation into or attachment to any data not
owned by or licensed to the Government.
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National Aeronautics and Space Administration
(g) Waiver of Claims and Indemnification.
The Contractor agrees to waive any and all
claims against the Government and shall indemnify and hold harmless the Government,
its agents, and employees from every claim
or liability, including attorney’s fees, court
costs, and expenses, arising out of, or in any
way related to, the misuse or unauthorized
modification, reproduction, release, performance, display, or disclosure of the GFCS and
related technical data by the Contractor, a
subcontractor, or by any person to whom the
Contractor has released or disclosed such
GFCS or related technical data.
(h) Flow-down of Waiver of Claims and Indemnification. In the event a contract includes this NASA FAR Supplement clause
1852.227–88, the Contractor shall include the
foregoing clause 1852.227–88(g), suitably
modified to identify the parties, in all subcontracts, regardless of tier, which involve
use of the GFCS and/or related technical
data in any way. At all tiers, the clause shall
be modified to define GFCS as it is defined
herein and to identify the parties as follows:
references to the Government are not
changed, and in all references to the Contractor the subcontractor is substituted for
the Contractor so that the subcontractor has
all rights and obligations of the Contractor
in the clause. In subcontracts, at any tier,
the Government, the subcontractor, and the
Contractor agree that the mutual obligations of the parties created by this clause
1852.227–88 constitute a contract between the
subcontractor and the Government with respect to the matters covered by the clause.
(End of clause)
kpayne on VMOFRWIN702 with $$_JOB
[80 FR 12952, Mar. 12, 2015, as amended at 80
FR 61994, Oct. 15, 2015; 81 FR 24501, Apr. 26,
2016]
1852.228–70 Aircraft ground and flight
risk.
As prescribed in 1828.370(a), insert the
following clause. The purpose of this
clause is to have the Government assume risks that generally entail unusually high insurance premiums and are
not covered by the contractor’s contents, work-in-process, and similar insurance. Since the definitions in the
clause may not cover every situation
that should be covered to achieve this
purpose, the clause may be modified as
follows: If the contract covers helicopters, vertical take-off aircraft,
lighter-than-air airships, or other nonconventional types of aircraft, the definition of ‘‘aircraft’’ should be modified
to specify that the aircraft has reached
a point of manufacture comparable to
1852.228–70
that specified in the standard definition, which is written for conventional
winged aircraft. The definition of ‘‘in
the open’’ may be modified to include
‘‘hush houses,’’ test hangars, comparable structures, and other designated areas. In addition, clause paragraph (d)(3) may be modified to provide
for Government assumption of risk of
transportation
by
conveyance
on
streets or highways if the contracting
officer determines that this transportation is limited to the vicinity of the
contractor’s premises and is merely incident to work being performed under
the contract.
AIRCRAFT GROUND AND FLIGHT RISK (OCT
1996)
(a) Notwithstanding any other provisions
of this contract, except as may be specifically provided in the Schedule as an exception to this clause, the Government, subject
to the definitions and limitations of this
clause, assumes the risk of damage to, or
loss or destruction of, aircraft in the open,
during operation, or in flight and agrees that
the Contractor shall not be liable to the Government for any such damage, loss, or destruction.
(b) For the purposes of this clause, the following definitions apply:
(1) Unless otherwise specifically provided
in the Schedule, ‘‘aircraft’’ includes—
(i) Aircraft (including both complete aircraft and aircraft in the course of being manufactured, disassembled, or reassembled; provided that an engine, wing, or a portion of a
wing is attached to the fuselage) to be furnished to the Government under this contract (whether before or after Government
acceptance); and
(ii) Aircraft (regardless of whether in a
state of disassembly or reassembly) furnished by the Government to the Contractor
under this contract, including all property
installed in, being installed in, or temporarily removed from them, unless the aircraft and property are covered by a separate
bailment agreement.
(2) ‘‘In the open’’ means located wholly
outside of buildings on the Contractor’s
premises, or at such other places as may be
described in the Schedule as being in the
open for the purposes of this clause, except
that aircraft furnished by the Government
are considered to be in the open at all times
while in the Contractor’s possession, care,
custody, or control.
(3) ‘‘Flight’’ includes any flight demonstration, flight test, taxi test, or other flight
made in the performance of this contract, or
for the purpose of safeguarding the aircraft,
or previously approved in writing by the
Contracting Officer.
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1852.228–70
48 CFR Ch. 18 (10–1–21 Edition)
(i) With respect to land-based aircraft,
flight commences with the taxi roll from a
flight line on the Contractor’s premises and
continues until the aircraft has completed
the taxi roll in returning to a flight line on
the Contractor’s premises.
(ii) With respect to seaplanes, flight commences with the launching from a ramp on
the Contractor’s premises and continues
until the aircraft has completed its landing
run upon return and is beached at a ramp on
the Contractor’s premises.
(iii) With respect to helicopters, flight
commences upon engagement of the rotors
for the purpose of take-off from the Contractor’s premises and continues until the aircraft has returned to the ground on the Contractor’s premises and the rotors are disengaged.
(iv) With respect to vertical take-off aircraft, flight commences upon disengagement
from any launching platform or device on
the Contractor’s premises and continues
until the aircraft has been re-engaged to any
launching platform or device on the Contractor’s premises; provided, however, that aircraft off the Contractor’s premises shall be
deemed to be in flight when on the ground or
water only during periods of reasonable duration following emergency landing, other
landings made in the performance of this
contract, or landings approved by the Contracting Officer in writing.
(4) ‘‘Contractor’s premises’’ means those
premises designated as such in the Schedule
or in writing by the Contracting Officer, and
any other place to which aircraft are moved
for the purpose of safeguarding the aircraft.
(5) ‘‘Operation’’ means operations and
tests, other than on any production line, of
aircraft not in flight, whether or not the aircraft is in the open or in motion. It includes
operations and tests of equipment, accessories, and power plants only when installed
in aircraft.
(6) ‘‘Flight crew members’’ means the
pilot, copilot, and, unless otherwise specifically provided in the Schedule, the flight engineer and navigator when requirement or
assigned to their respective crew positions to
conduct any flight on behalf of the Contractor.
(7) ‘‘Contractor’s managerial personnel’’
means the Contractor’s directors, officers,
and any managers, superintendents, or
equivalent representatives who have supervision or direction of all or substantially all
of the Contractor’s business or of the Contractor’s operations at any one plant, a separate location at which this contract is performed, or a separate and complete major industrial operation in connection with the
performance of this contract.
(c)(1) The Government’s assumption of risk
under this clause, as to aircraft in the open,
shall continue in effect unless terminated
pursuant to paragraph (c)(3) of this clause. If
the Contracting Officer finds that an aircraft
is in the open under unreasonable conditions,
the Contracting Officer shall notify the Contractor in writing of the conditions found to
be unreasonable and require the Contractor
to correct them within a reasonable time.
(2) Upon receipt of this notice, the Contractor shall act promptly to correct these
conditions, regardless of whether it agrees
that they are in fact unreasonable. To the
extent that the Contracting Officer may
later determine that they were not in fact
unreasonable, an equitable adjustment shall
be made in the contract price to compensate
the Contractor for any additional costs incurred in correcting them, and the contract
shall be modified in writing accordingly.
(3)(i) If the Contracting Officer finds that
the Contractor has failed to act promptly to
correct unreasonable conditions or has failed
to correct them within a reasonable time,
the Contracting Officer may by written notice terminate the Government’s assumption
of risk under this clause for any aircraft
which is in the open under those conditions.
This termination shall be effective at 12:01
A.M. on the 15th day following the day of receipt by the Contractor of the notice.
(ii) If the Contracting Officer later determines that the Contractor acted promptly to
correct the conditions or that the time
taken by the Contractor was not in fact unreasonable, an equitable adjustment shall,
notwithstanding paragraph (g) of this clause,
be made to compensate the Contractor for
any additional costs incurred as a result of
the termination, and the contract shall be
modified in writing accordingly.
(4) If the Government’s assumption of risk
under this clause is terminated in accordance with paragraph (c)(3) of this clause, the
risk of loss with respect to Government-furnished property shall be determined in accordance with the Government property
clause of this contract, if any, until the Government’s assumption of risk is reinstated in
accordance with paragraph (c)(5) of this
clause.
(5)(i) When unreasonable conditions have
been corrected, the Contractor shall promptly notify the Government. The Government
may or may not elect to reassume the risks
and relieve the Contractor of liabilities as
provided in this clause, and the Contracting
Officer shall notify the Contractor of the
Government’s election.
(ii) If, after correction of the conditions,
the Government elects to reassume the risks
and relieve the Contractor of liabilities, the
Contractor shall be entitled to an equitable
adjustment for any costs of insurance extending from the end of the third working
day after the Contractor notifies the Government of the correction until the Government
notifies the Contractor of that election.
(iii) If the Government elects not to reassume the risks and the conditions have in
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National Aeronautics and Space Administration
fact been corrected, the Contractor shall be
entitled to an equitable adjustment for any
costs of insurance extending after the third
working day referred to in paragraph
(c)(5)(ii) of this clause.
(d) The Government’s assumption of risk
shall not extend to damage to, or loss or destruction of aircraft—
(1) Resulting from failure of the Contractor, due to willful misconduct or lack of
good faith of any of the Contractor’s managerial personnel, to maintain and administer
a program for protecting and preserving aircraft in the open and during operation, in accordance with sound industrial practice;
(2) Sustained during flight if the flight
crew members conducting the flight have not
been approved in writing by the Contracting
Officer;
(3) While in the course of transportation by
rail or by conveyance on public streets, highways, or waterways, except for Governmentfurnished property;
(4) The extent that the damage, loss, or destruction is in fact covered by insurance;
(5) Consisting of wear and tear, deterioration (including rust and corrosion), freezing,
or mechanical, structural, or electrical
breakdown or failure, unless this damage is
the result of other loss, damage, or destruction covered by this clause (except that, in
the case of Government-furnished property,
if the damage consists of reasonable wear
and tear or deterioration or results from an
inherent defect in such property, this exclusion shall not apply); or
(6) Sustained while the aircraft is being
worked upon and directly resulting from the
work, including but not limited to any repairing, adjusting, servicing, or maintenance
operation, unless the damage, loss, or destruction is of a type that would be covered
by insurance that would customarily have
been maintained by the Contractor at the
time of the damage, loss, or destruction, but
for the Government’s assumption of risk
under this clause.
(e)(1) With the exception of damage to, or
loss or destruction of, aircraft in flight, the
Government’s assumption of risk under this
clause shall not extend to the first $1,000 of
loss or damage resulting from each separately occurring event. The Contractor assumes the risk of and shall be responsible for
the first $1,000 of loss of or damage to aircraft in the open or during operation resulting from each separately occurring event,
except for reasonable wear and tear and except to the extent the loss or damage is
caused by negligence of Government personnel.
(2) If the Government elects to require that
the aircraft be replaced or restored by the
Contractor to its condition immediately
prior to the damage, the equitable adjustment in the price authorized by paragraph (i)
of this clause shall not include the dollar
1852.228–70
amount of the risk assumed by the Contractor under this paragraph (e). If the Government does not elect repair or replacement, the Contractor agrees to credit the
contract price or pay the Government $1,000
(or the amount of the loss if smaller) as directed by the Contracting Officer.
(f) No subcontractor may be relieved from
liability for damage to, or loss or destruction
of, aircraft while in its possession or control,
except to the extent that the subcontract,
with the Contracting Officer’s prior written
approval, provides for relief of the subcontractor from that liability. In the absence of
such approval, the subcontract shall require
the return of the aircraft in as good condition as when received, except for reasonable
wear and tear or for the utilization of the
property in accordance with the provisions
of this contract. If a subcontractor has not
been relieved from liability and any damage,
loss, or destruction occurs, the Contractor
shall enforce the liability of the subcontractor for that damage to, or loss or destruction of, the aircraft for the benefit of
the Government.
(g) The Contractor warrants that the contract price does not and will not include, except as this clause may otherwise authorize,
any charge or contingency reserve for insurance (including self-insurance funds or reserves) covering any damage to, or loss or
destruction of, aircraft while in the open,
during operation, or in flight, the risk of
which has been assumed by the Government
under this clause, whether or not such assumption may be terminated as to aircraft
in the open.
(h)(1) In the event of damage to, or loss or
destruction of, aircraft in the open, during
operation, or in flight, the Contractor shall
take all reasonable steps to protect the aircraft from further damage, separate damaged and undamaged aircraft, and put all aircraft in the best possible order. Further, except in cases covered by paragraph (e) of this
clause, the Contractor should furnish to the
Contracting Officer a statement of—
(i) The damaged, lost, or destroyed aircraft;
(ii) The time and origin of the damage,
loss, or destruction;
(iii) All known interests in commingled
property of which aircraft are a part; and
(iv) Any insurance covering any part of the
interest in the commingled property.
(2) Except in cases covered by paragraph
(e) of this clause, an equitable adjustment
shall be made in the amount due under this
contract for expenditures made by the Contractor in performing its obligations under
this paragraph (h), and this contract shall be
modified in writing accordingly.
(i)(1) If, before delivery and acceptance by
the Government, any aircraft is damaged,
lost, or destroyed and the Government has
under this clause assumed the risk of that
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1852.228–71
48 CFR Ch. 18 (10–1–21 Edition)
damage, loss, or destruction, the Government shall either
(i) Require that the aircraft be replaced or
restored by the Contractor to its condition
immediately prior to the damage or
(ii) Terminate this contract with respect
to that aircraft.
(2) If the Government requires that the aircraft be replaced or restored, an equitable
adjustment shall be made in the amount due
under this contract and in the time required
for its performance, and the contract shall
be modified in writing accordingly.
(3) If this contract is terminated under this
paragraph (i)(1)(ii) with respect to the aircraft, and under this clause the Government
has assumed the risk of the damage, loss, or
destruction, the Contractor shall be paid the
contract price for the aircraft (or, if applicable, any work to be performed on the aircraft) less any amounts the Contracting Officer determines (i) that it would have cost the
Contractor to complete the aircraft (or any
work to be performed on it), together with
any anticipated profit on the uncompleted
work and (ii) to be the value, if any, of the
damaged aircraft or any remaining portion
of it retained by the Contractor. The Contracting Officer shall have the right to prescribe the manner of disposition of the damaged, lost, or destroyed aircraft or any remaining parts of it, and, if the Contractor incurs additional costs as a result of such disposition, a further equitable adjustment
shall be made in the amount due to the Contractor.
(j)(1) If the Contractor is at any time reimbursed or compensated by any third person
for any damage, loss, or destruction of any
aircraft, the risk of which has been assumed
by the Government under this clause and for
which the Contractor has been compensated
by the Government, it shall equitably reimburse the Government.
(2) The Contractor shall do nothing to prejudice the Government’s rights to recover
against third parties for any such damage,
loss, or destruction and, upon the request of
the Contracting Officer, shall at the Government’s expense furnish to the Government
all reasonable assistance and cooperation
(including the prosecution of suits and the
execution of instruments of assignment or
subrogation in favor of the Government) in
obtaining recovery.
[61 FR 55772, Oct. 29, 1996]
1852.228–71 Aircraft flight risks.
(a) As prescribed in 1828.311–270(a), insert the following clause:
kpayne on VMOFRWIN702 with $$_JOB
AIRCRAFT FLIGHT RISKS (DEC 1988)
(a) Notwithstanding any other provision of
this contract (particularly paragraph (g) of
the Government Property (Cost-Reimburse-
ment, Time-and-Materials, or Labor-Hour
Contracts) clause and paragraph (c) of the
Insurance—Liability
to
Third
Persons
clause), the Contractor shall not: (1) Be relieved of liability for damage to, or loss or
destruction of, aircraft sustained during
flight or (2) be reimbursed for liabilities to
third persons for loss of or damage to property or for death or bodily injury caused by
aircraft during flight, unless the flight crew
members have previously been approved in
writing by the Contracting Officer.
(b) For the purposes of this clause—
(1) Unless otherwise specifically provided
in the Schedule, ‘‘aircraft’’ includes any aircraft, whether furnished by the Contractor
under this contract (either before or after
Government acceptance) or furnished by the
Government to the Contractor under this
contract, including all Government property
placed or installed or attached to the aircraft, unless the aircraft and property are
covered by a separate bailment agreement.
(2) ‘‘Flight’’ includes any flight demonstration, flight test, taxi test, or other flight
made in the performance of this contract, or
for the purpose of safeguarding the aircraft,
or previously approved in writing by the
Contracting Officer.
(i) With respect to land-based aircraft,
flight commences with the taxi roll from a
flight line and continues until the aircraft
has completed the taxi roll to a flight line.
(ii) With respect to seaplanes, flight commences with the launching from a ramp and
continues until the aircraft has completed
its landing run and is beached at a ramp.
(iii) With respect to helicopters, flight
commences upon engagement of the rotors
for the purpose of take-off and continues
until the aircraft has returned to the ground
and rotors are disengaged.
(iv) With respect to vertical take-off aircraft, flight commences upon disengagement
from any launching platform or device and
continues until the aircraft has been re-engaged to any launching platform or device.
(3) ‘‘Flight crew members’’ means the
pilot, copilot, and, unless otherwise specifically provided in the Schedule, the flight engineer and navigator when required or assigned to their respective crew positions to
conduct any flight on behalf of the Contractor.
(c) (1) If any aircraft is damaged, lost, or
destroyed during flight and the amount of
the damage, loss, or destruction exceeds
$100,000 or 20 percent of the estimated cost,
exclusive of any fee, of this contract, whichever is less, and if the Contractor is not liable for the damage, loss, or destruction
under the Government Property (Cost-Reimbursement, Time-and-Materials, or LaborHour Contracts) clause of this contract or
under paragraph (a) of this clause, an equitable adjustment for any resulting repair,
restoration, or replacement required under
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National Aeronautics and Space Administration
this contract shall be made: (i) In the estimated cost, the delivery schedule, or both
and (ii) in the amount of any fee to be paid
to the Contractor, and the contract shall be
modified in writing accordingly.
(2) In determining the amount of adjustment in the fee that is equitable, any fault of
the Contractor, its employees, or any subcontractor that materially contributed to
the damage, loss, or destruction shall be
taken into consideration.
1852.228–76
America which may arise by reason of any
payment under the policy.’’
(e) When aircraft are used in connection
with performing the contract, aircraft public
and passenger liability insurance of at least
$200,000 per person and $500,000 per occurrence for bodily injury, other than passenger
liability, and $200,000 per occurrence for
property damage. Coverage for passenger liability bodily injury shall be at least $200,000
multiplied by the number of seats or passengers, whichever is greater.
(End of clause)
(End of clause)
[54 FR 28340, July 5, 1989, as amended at 61
FR 55774, Oct. 29, 1996; 81 FR 24501, Apr. 26,
2016]
1852.228–75
erage.
Minimum insurance cov-
As prescribed in 1828.372, insert the
following clause:
1852.228–76 Cross-waiver of liability
for international space station activities.
As prescribed in 1828.371(c) and (d),
insert the following clause:
CROSS-WAIVER
OF
LIABILITY
FOR
INTERNATIONAL SPACE STATION ACTIVITIES (OCT
2012)
kpayne on VMOFRWIN702 with $$_JOB
MINIMUM INSURANCE COVERAGE (OCT 1988)
The Contractor shall obtain and maintain
insurance coverage as follows for the performance of this contract:
(a) Worker’s compensation and employer’s
liability insurance as required by applicable
Federal and state workers’ compensation
and occupational disease statutes. If occupational diseases are not compensable under
those statutes, they shall be covered under
the employer’s liability section of the insurance policy, except when contract operations
are so commingled with the Contractor’s
commercial operations that it would not be
practical. The employer’s liability coverage
shall be at least $100,000, except in States
with exclusive or monopolistic funds that do
not permit workers’ compensation to be
written by private carriers.
(b) Comprehensive general (bodily injury)
liability insurance of at least $500,000 per occurrence.
(c) Motor vehicle liability insurance written on the comprehensive form of policy
which provides for bodily injury and property damage liability covering the operation
of all motor vehicles used in connection with
performing the contract. Policies covering
motor vehicles operated in the United States
shall provide coverage of at least $200,000 per
person and $500,000 per occurrence for bodily
injury liability and $20,000 per occurrence for
property damage. The amount of liability
coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.
(d) Comprehensive general and motor vehicle liability policies shall contain a provision worded as follows:
‘‘The insurance company waives any right
of subrogation against the United States of
(a) The Intergovernmental Agreement
Among the Government of Canada, Governments of Member States of the European
Space Agency, the Government of Japan, the
Government of the Russian Federation, and
the Government of the United States of
America concerning Cooperation on the Civil
International Space Station (IGA) for the
International Space Station (ISS) contains a
cross-waiver of liability provision to encourage participation in the exploration, exploitation, and use of outer space through the
ISS. The objective of this clause is to extend
this cross-waiver of liability to NASA contracts in the interest of encouraging participation in the exploration, exploitation, and
use of outer space through the International
Space Station (ISS). The Parties intend that
this cross-waiver of liability be broadly construed to achieve this objective.
(b) As used in this clause, the term:
(1) ‘‘Agreement’’ refers to any NASA Space
Act agreement that contains the cross-waiver of liability provision authorized by 14 CFR
1266.102.
(2) ‘‘Damage’’ means:
(i) Bodily injury to, or other impairment of
health of, or death of, any person;
(ii) Damage to, loss of, or loss of use of any
property;
(iii) Loss of revenue or profits; or
(iv) Other direct, indirect, or consequential
Damage.
(3) ‘‘Launch Vehicle’’ means an object, or
any part thereof, intended for launch,
launched from Earth, or returning to Earth
which carries Payloads or persons, or both.
(4) ‘‘Partner State’’ includes each Contracting Party for which the IGA has entered
into force, pursuant to Article 25 of the IGA
or pursuant to any successor agreement. A
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kpayne on VMOFRWIN702 with $$_JOB
1852.228–76
48 CFR Ch. 18 (10–1–21 Edition)
Partner State includes its Cooperating Agency. It also includes any entity specified in
the Memorandum of Understanding (MOU)
between NASA and the Government of Japan
to assist the Government of Japan’s Cooperating Agency in the implementation of that
MOU.
(5) ‘‘Party’’ means a party to a NASA Space
Act agreement involving activities in connection with the ISS and a party that is neither the prime contractor under this contract nor a subcontractor at any tier.
(6) ‘‘Payload’’ means all property to be
flown or used on or in a Launch Vehicle or
the ISS.
(7) ‘‘Protected Space Operations’’ means all
Launch or Transfer Vehicle activities, ISS
activities, and Payload activities on Earth,
in outer space, or in transit between Earth
and outer space in implementation of the
IGA, MOUs concluded pursuant to the IGA,
implementing arrangements, and contracts
to perform work in support of NASA’s obligations under these Agreements. It includes,
but is not limited to:
(i) Research, design, development, test,
manufacture, assembly, integration, operation, or use of Launch or Transfer Vehicles,
the ISS, Payloads, or instruments, as well as
related support equipment and facilities and
services; and
(ii) All activities related to ground support, test, training, simulation, or guidance
and control equipment and related facilities
or services. ‘‘Protected Space Operations’’
also includes all activities related to evolution of the ISS, as provided for in Article
14 of the IGA. ‘‘Protected Space Operations’’
excludes activities on Earth which are conducted on return from the ISS to develop
further a Payload’s product or process for
use other than for ISS-related activities in
implementation of the IGA.
(8) ‘‘Related Entity’’ means:
(i) A contractor or subcontractor of a
Party or a Partner State at any tier;
(ii) A user or customer of a Party or a
Partner State at any tier; or
(iii) A contractor or subcontractor of a
user or customer of a Party or a Partner
State at any tier. The terms ‘‘contractor’’
and ‘‘subcontractor’’ include suppliers of any
kind.
(9) ‘‘Transfer Vehicle’’ means any vehicle
that operates in space and transfers Payloads or persons or both between two different space objects, between two different
locations on the same space object, or between a space object and the surface of a celestial body. A Transfer Vehicle also includes a vehicle that departs from and returns to the same location on a space object.
(c) Cross-waiver of liability:
(1) The Contractor agrees to a cross-waiver
of liability pursuant to which it waives all
claims against any of the entities or persons
listed
in
paragraphs
(c)(1)(i)
through
(c)(1)(iv) of this clause based on Damage arising out of Protected Space Operations. This
cross-waiver shall apply only if the person,
entity, or property causing the Damage is involved in Protected Space Operations and
the person, entity, or property damaged is
damaged by virtue of its involvement in Protected Space Operations. The cross-waiver
shall apply to any claims for Damage, whatever the legal basis for such claims, against:
(i) A Party as defined in (b)(5) of this
clause;
(ii) A Partner State other than the United
States of America;
(iii) A Related Entity of any entity identified in paragraph (c)(1)(i) or (c)(1)(ii) of this
clause; or
(iv) The employees of any of the entities
identified in paragraphs (c)(1)(i) through
(c)(1)(iii) of this clause.
(2) In addition, the contractor shall, by
contract or otherwise, extend the cross-waiver of liability set forth in paragraph (c)(1) of
this clause to its subcontractors at any tier
by requiring them, by contract or otherwise,
to:
(i) Waive all claims against the entities or
persons identified in paragraphs (c)(1)(i)
through (c)(1)(iv) of this clause; and
(ii) Require that their subcontractors
waive all claims against the entities or persons identified in paragraphs (c)(1)(i)
through (c)(1)(iv) of this clause.
(3) For avoidance of doubt, this cross-waiver of liability includes a cross-waiver of
claims arising from the Convention on International Liability for Damage Caused by Space
Objects, which entered into force on September 1, 1972, where the person, entity, or
property causing the Damage is involved in
Protected Space Operations and the person,
entity, or property damaged is damaged by
virtue of its involvement in Protected Space
Operations.
(4) Notwithstanding the other provisions of
this clause, this cross-waiver of liability
shall not be applicable to:
(i) Claims between the Government and its
own contractors or between its own contractors and subcontractors;
(ii) Claims made by a natural person, his/
her estate, survivors or subrogees (except
when a subrogee is a Party to an Agreement
or is otherwise bound by the terms of this
cross-waiver) for bodily injury to, or other
impairment of health of, or death of, such
person;
(iii) Claims for Damage caused by willful
misconduct;
(iv) Intellectual property claims;
(v) Claims for Damage resulting from a
failure of the contractor to extend the crosswaiver of liability to its subcontractors and
related entities, pursuant to paragraph (c)(2)
of this clause;
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National Aeronautics and Space Administration
(vi) Claims by the Government arising out
of or relating to the contractor’s failure to
perform its obligations under this contract.
(5) Nothing in this clause shall be construed to create the basis for a claim or suit
where none would otherwise exist.
(6) This cross-waiver shall not be applicable when 49 U.S.C. Subtitle IX, Chapter 701 is
applicable.
(End of clause)
[77 FR 59342, Sept. 27, 2012]
1852.228–78 Cross-waiver of liability
for science or space exploration activities unrelated to the International Space Station.
As prescribed in 1828.371(b) and (d),
insert the following clause:
kpayne on VMOFRWIN702 with $$_JOB
CROSS-WAIVER OF LIABILITY FOR SCIENCE OR
SPACE EXPLORATION ACTIVITIES UNRELATED
TO THE INTERNATIONAL SPACE STATION (OCT
2012)
(a) The purpose of this clause is to extend
a cross-waiver of liability to NASA contracts
for work done in support of Agreements between Parties involving Science or Space Exploration activities that are not related to
the International Space Station (ISS) but involve a launch. This cross-waiver of liability
shall be broadly construed to achieve the objective of furthering participation in space
exploration, use, and investment.
(b) As used in this clause, the term:
(1) ‘‘Agreement’’ refers to any NASA Space
Act agreement that contains the cross-waiver of liability provision authorized in 14 CFR
1266.104.
(2) ‘‘Damage’’ means:
(i) Bodily injury to, or other impairment of
health of, or death of, any person;
(ii) Damage to, loss of, or loss of use of any
property;
(iii) Loss of revenue or profits; or
(iv) Other direct, indirect, or consequential
Damage;
(3) ‘‘Launch Vehicle’’ means an object, or
any part thereof, intended for launch,
launched from Earth, or returning to Earth
which carries Payloads or persons, or both.
(4) ‘‘Party’’ means a party to a NASA Space
Act agreement for Science or Space Exploration activities unrelated to the ISS that
involve a launch and a party that is neither
the prime contractor under this contract nor
a subcontractor at any tier hereof.
(5) ‘‘Payload’’ means all property to be
flown or used on or in a Launch Vehicle.
(6) ‘‘Protected Space Operations’’ means all
Launch or Transfer Vehicle activities and
Payload activities on Earth, in outer space,
or in transit between Earth and outer space
in implementation of an Agreement for
Science or Space Exploration activities un-
1852.228–78
related to the ISS that involve a launch.
Protected Space Operations begins at the
signature of the Agreement and ends when
all activities done in implementation of the
Agreement are completed. It includes, but is
not limited to:
(i) Research, design, development, test,
manufacture, assembly, integration, operation, or use of Launch or Transfer Vehicles,
Payloads, or instruments, as well as related
support equipment and facilities and services; and
(ii) All activities related to ground support, test, training, simulation, or guidance
and control equipment, and related facilities
or services.
Protected Space Operations excludes activities on Earth which are conducted on return from space to develop further a payload’s product or process other than for the
activities within the scope of an Agreement.
(7) ‘‘Related entity’’ means:
(i) A contractor or subcontractor of a
Party at any tier;
(ii) A user or customer of a Party at any
tier; or
(iii) A contractor or subcontractor of a
user or customer of a Party at any tier.
NOTE TO PARAGRAPH (a)(7): The terms
‘‘contractors’’ and ‘‘subcontractors’’ include
suppliers of any kind.
(8) ‘‘Transfer Vehicle’’ means any vehicle
that operates in space and transfers Payloads or persons or both between two different space objects, between two different
locations on the same space object, or between a space object and the surface of a celestial body. A Transfer Vehicle also includes a vehicle that departs from and returns to the same location on a space object.
(c) Cross-waiver of liability:
(1) The Contractor agrees to a waiver of liability pursuant to which it waives all
claims against any of the entities or persons
listed
in
paragraphs
(c)(1)(i)
through
(c)(1)(iv) of this clause based on Damage arising out of Protected Space Operations. This
cross-waiver shall apply only if the person,
entity, or property causing the Damage is involved in Protected Space Operations and
the person, entity, or property damaged is
damaged by virtue of its involvement in Protected Space Operations. The waiver shall
apply to any claims for Damage, whatever
the legal basis for such claims, against:
(i) A Party;
(ii) A Party to another NASA Agreement
or contract that includes flight on the same
Launch Vehicle;
(iii) A Related Entity of any entity identified in paragraphs (c)(1)(i) or (c)(1)(ii) of this
clause; or
(iv) The employees of any of the entities
identified in (c)(1)(i) through (iii) of this
clause.
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1852.228–80
48 CFR Ch. 18 (10–1–21 Edition)
(2) The Contractor agrees to extend the
cross-waiver of liability as set forth in paragraph (c)(1) of this clause to its own subcontractors at all tiers by requiring them, by
contract or otherwise, to:
(i) Waive all claims against the entities or
persons identified in paragraphs (c)(1)(i)
through (c)(1)(iv) of this clause; and
(ii) Require that their Related Entities
waive all claims against the entities or persons identified in paragraphs (c)(1)(i)
through (c)(1)(iv) of this clause.
(3) For avoidance of doubt, this cross-waiver of liability includes a cross-waiver of
claims arising from the Convention on International Liability for Damage Caused by Space
Objects, entered into force on 1 September
1972, in which the person, entity, or property
causing the Damage is involved in Protected
Space Operations and the person, entity, or
property damaged is damaged by virtue of its
involvement in Protected Space Operations.
(4) Notwithstanding the other provisions of
this clause, this cross-waiver of liability
shall not be applicable to:
(i) Claims between the Government and its
own contractors or between its own contractors and subcontractors;
(ii) Claims made by a natural person, his/
her estate, survivors, or subrogees (except
when a subrogee is a Party to an Agreement
or is otherwise bound by the terms of this
cross-waiver) for bodily injury to, or other
impairment of health, or death of such person;
(iii) Claims for Damage caused by willful
misconduct;
(iv) Intellectual property claims;
(v) Claims for damages resulting from a
failure of the contractor to extend the crosswaiver of liability to its subcontractors and
related entities, pursuant to paragraph (c)(2)
of this clause; or
(vi) Claims by the Government arising out
of or relating to a contractor’s failure to perform its obligations under this contract.
(5) Nothing in this clause shall be construed to create the basis for a claim or suit
where none would otherwise exist.
(6) This cross-waiver shall not be applicable when 49 U.S.C. Subtitle IX, Chapter 701 is
applicable.
[77 FR 59342, Sept. 27, 2012]
1852.228–80 Insurance—Immunity
From Tort Liability.
As prescribed in 1828.311–270(b), insert
the following provision:
(End of provision)
[65 FR 54440, Sept. 8, 2000]
1852.228–81 Insurance—Partial Immunity From Tort Liability.
As prescribed in 1828.311–270(c), insert
the following clause:
INSURANCE—PARTIAL IMMUNITY FROM TORT
LIABILITY (SEP 2000)
(a) Except as provided for in paragraph (b)
of this clause, the Government does not assume any liability to third persons, nor will
the Government reimburse the contractor
for its liability to third persons, with respect
to loss due to death, bodily injury, or damage to property resulting in any way from
the performance of this contract; and
(b) The contractor need not provide or
maintain insurance coverage as required by
paragraph (a) of FAR clause 52.228–7, Insurance—Liability to Third Persons, provided
that the contractor may obtain any insurance coverage deemed necessary, subject to
approval by the Contracting Officer as to
form, amount, and duration. The Contractor
shall be reimbursed for the cost of such insurance and, to the extent provided in paragraph (c) of FAR clause 52.228–7, for liabilities to third person for which the contractor
has obtained insurance coverage as provided
in this paragraph, but for which such coverage is insufficient in amount.
(End of clause)
[65 FR 54440, Sept. 8, 2000]
INSURANCE—IMMUNITY FROM TORT LIABILITY
(SEP 2000)
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resentation to that effect. When the successful offeror represented in its offer that it is
immune from tort liability, the following
clause(s) will be included in the resulting
contract:
(a) When the offeror represents that it is
partially immune from tort liability to third
persons as a State agency or as a charitable
institution, the clause at FAR 52.228–7, Insurance—Liability to Third Persons, and the
associated NFS clause 1852.228–81, Insurance—Partial Immunity From Tort Liability, will be included in the contract.
(b) When the offeror represents that it is
totally immune from tort liability to third
persons as a State agency or as a charitable
institution. the clause at NFS 1852.228–82 Insurance—Total Immunity From Tort Liability, will be included in the contract.
If the offeror is partially or totally immune from tort liability to third persons as
a State agency or as a charitable institution,
the offeror will include in its offer a rep-
1852.228–82 Insurance—Total
nity From Tort Liability.
As prescribed in 1828.311–270(d), insert
the following clause:
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National Aeronautics and Space Administration
INSURANCE—TOTAL IMMUNITY FROM TORT
LIABILITY (SEP 2000)
(a) The Government does not assume any
liability to third persons, nor will the Government reimburse the Contractor for its liability to third persons, with respect to loss
due to death, bodily injury, or damage to
property resulting in any way from the performance of this contract or any subcontract
under this contract.
(b) If any suit or action is filed, or if any
claim is made against the Contractor, the
cost and expense of which may be reimbursable to the contractor under this contract,
the Contractor will immediately notify the
contracting officer and promptly furnish
copies of all pertinent papers received by the
contractor. The Contractor will, if required
by the Government, authorize Government
representatives to settle or defend the claim
and to represent the contractor in or take
charge of any litigation. The Contractor
may, at its own expense, be associated with
the Government representatives in any such
claim or litigation.
labor being proposed. Differences between
benefits offered professional and non-professional employees shall be highlighted. The
requirements of this plan may be combined
with that required by the clause at FAR
52.222–46, ‘‘Evaluation of Compensation for
Professional Employees.’’
(b) The offeror shall provide written support to demonstrate that its proposed compensation is reasonable.
(c) The offeror shall include the rationale
for any conformance procedures used or
those Service Contract Act employees proposed that do not fail within the scope of any
classification listed in the applicable wage
determination.
(d) The offeror shall require all service subcontractors provide, as part of their proposal, the information identified in (a)
through (c) of this provision for cost reimbursement or non-competitive fixed-price
type subcontracts having a total potential
value expected to exceed the threshold for
requiring certified cost or pricing data as set
forth in FAR 15.403–4.
(End of clause)
(End of provision)
[65 FR 54440, Sept. 8, 2000]
1852.231–70 Precontract costs.
As prescribed in 1831.205–70, insert the
following clause:
PRECONTRACT COSTS (JUN 1995)
The contractor shall be entitled to reimbursement for costs incurred on or after
llllllll in an amount not to exceed
$llll that, if incurred after this contract
had been entered into, would have been reimbursable under this contract.
(End of clause)
[60 FR 29505, June 5, 1995]
1852.231–71 Determination of compensation reasonableness.
As prescribed at 1831.205–671, insert
the following provision.
DETERMINATION OF COMPENSATION
REASONABLENESS (APR 2015)
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1852.232–70
(a) The proposal shall include a total compensation plan. This plan shall address all
proposed labor categories, including those
personnel subject to union agreements, the
Service Contract Act, and those exempt from
both of the above. The total compensation
plan shall include the salaries/wages, fringe
benefits and leave programs proposed for
each of these categories of labor. The plan
also shall include a discussion of the consistency of the plan among the categories of
[62 FR 4474, Jan. 30, 1997, as amended at 80
FR 12953, Mar. 12, 2015; 81 FR 71638, Oct. 18,
2016]
1852.232–70 NASA modification of FAR
52.232–12.
As prescribed at 1832.412–70, make the
following modifications:
NASA MODIFICATION OF FAR 52.232–12, (MAR
1998)
(a) Basic clause. (1) In paragraph (e), Maximum Payment, in the sentence that begins
‘‘When the sum of,’’ change the word ‘‘When’’
to lower case and insert before it: ‘‘Unliquidated advance payments shall not exceed
$ll at any time outstanding. In addition.
* * *.’’
(2) In paragraph (m)(1), delete ‘‘in the form
prescribed by the administering office’’ and
substitute ‘‘and Standard Form 425, Federal
Financial Report.’’
(b) Alternate II (if incorporated in the contract). In paragraph (e), Maximum Payment,
in the sentence that begins ‘‘When the sum
of,’’ change the word ‘‘When’’ to lower case
and insert before it: ‘‘Unliquidated advance
payments shall not exceed $ll at any time
outstanding. In addition. * * *.’’
(c) Alternate V (if incorporated in the contract). (1) Substitute the following for paragraph (b): ‘‘(b) Use of funds. The Contractor
may use advance payment funds only to pay
for properly allocable, allowable, and reasonable costs for direct materials, direct labor,
indirect costs, or such other costs approved
in writing by the administering contracting
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1852.232–77
48 CFR Ch. 18 (10–1–21 Edition)
office. Payments are subject to any restrictions in other clauses of this contract. Determinations of whether costs are properly allocable, allowable, and reasonable shall be in
accordance with generally accepted accounting principles, subject to any applicable subparts of part 31 of the Federal Acquisition
Regulation, other applicable regulations referenced in part 31, or subpart 1831.2.’’
(2) In paragraph (d), Maximum Payment, in
the sentence that begins ‘‘When the sum of,’’
change the word ‘‘When’’ to lower case and
insert before it: ‘‘Unliquidated advance payments shall not exceed $ll at any time outstanding. In addition. * * *.’’
(3) In paragraph (j)(1), insert between
‘‘statements,’’ and ‘‘and’’ ‘‘together with
Standard Form 425, Federal Financial Report’’.
(4) If this is a Phase I contract awarded
under the SBIR or STTR programs, delete
paragraph (a) and substitute the following:
‘‘(a) Requirements for payment. Advance
payments will be made under this contract
upon receipt of invoices from the Contractor.
Invoices should be clearly marked ‘‘Small
Business Innovation Research Contract’’ or
‘‘Small Business Technology Transfer Contract,’’ as appropriate, to expedite payment
processing. One-third of the total contract
price will be available to be advanced to the
contractor immediately after award, another
one-third will be advanced three months
after award, and the final one-third will be
paid upon acceptance by NASA of the Contractor’s final report. By law, full payment
must be made no later than 12 months after
the date that contract requirements are
completed. The Contractor shall flow down
the terms of this clause to any subcontractor
requiring advance payments.’’
(End of clause)
[63 FR 14040, Mar. 24, 1998, as amended at 80
FR 12953, Mar. 12, 2015]
1852.232–77 Limitation of funds (fixedprice contract).
As prescribed in 1832.705–270(a), insert
the following clause. Contracting officers are authorized, in appropriate
cases, to revise clause paragraphs (a),
(b), and (g) to specify the work required
under the contract, in lieu of using
contract item numbers. The 60-day period may be varied from 30 to 90 days,
and the 75 percent from 75 to 85 percent:
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LIMITATION OF FUNDS (FIXED-PRICE
CONTRACT) (MAR 1989)
(a) Of the total price of items ll through
ll, the sum of $ll is presently available
for payment and allotted to this contract. It
is anticipated that from time to time additional funds will be allocated to the contract
in accordance with the following schedule,
until the total price of said items is allotted:
SCHEDULE FOR ALLOTMENT OF FUNDS
Date
Amounts
(b) The Contractor agrees to perform or
have performed work on the items specified
in paragraph (a) of this clause up to the
point at which, if this contract is terminated
pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to
paragraphs (f) and (g) of that clause would,
in the exercise of reasonable judgment by
the Contractor, approximate the total
amount at the time allotted to the contract.
The Contractor is not obligated to continue
performance of the work beyond that point.
The Government is not obligated in any
event to pay or reimburse the Contractor
more than the amount from time to time allotted to the contract, anything to the contrary in the Termination for Convenience of
the Government clause notwithstanding.
(c) (1) It is contemplated that funds presently allotted to this contract will cover the
work to be performed until ll.
(2) If funds allotted are considered by the
Contractor to be inadequate to cover the
work to be performed until that date, or an
agreed date substituted for it, the Contractor shall notify the Contracting Officer
in writing when within the next 60 days the
work will reach a point at which, if the contract is terminated pursuant to the Termination for Convenience of the Government
clause of this contract, the total amount
payable by the Government (including
amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and
(g) of that clause will approximate 75 percent
of the total amount then allotted to the contract.
(3) (i) The notice shall state the estimated
date when the point referred to in paragraph
(c)(2) of this clause will be reached and the
estimated amount of additional funds required to continue performance to the date
specified in paragraph (c)(1) of this clause, or
an agreed date substituted for it.
(ii) The Contractor shall, 60 days in advance of the date specified in paragraph
(c)(1) of this clause, or an agreed date substituted for it, advise the Contracting Officer
in writing as to the estimated amount of additional funds required for the timely performance of the contract for a further period
as may be specified in the contract or otherwise agreed to by the parties.
(4) If, after the notification referred to in
paragraph (c)(3)(ii) of this clause, additional
funds are not allotted by the date specified
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National Aeronautics and Space Administration
in paragraph (c)(1) of this clause, or an
agreed date substituted for it, the Contracting Officer shall, upon the Contractor’s
written request, terminate this contract on
that date or on the date set forth in the request, whichever is later, pursuant to the
Termination for Convenience of the Government clause.
(d) When additional funds are allotted from
time to time for continued performance of
the work under this contract, the parties
shall agree on the applicable period of contract performance to be covered by these
funds. The provisions of paragraphs (b) and
(c) of this clause shall apply to these additional allotted funds and the substituted
date pertaining to them, and the contract
shall be modified accordingly.
(e) If, solely by reason of the Government’s
failure to allot additional funds in amounts
sufficient for the timely performance of this
contract, the Contractor incurs additional
costs or is delayed in the performance of the
work under this contract, and if additional
funds are allotted, an equitable adjustment
shall be made in the price or prices (including appropriate target, billing, and ceiling
prices where applicable) of the items to be
delivered, or in the time of delivery, or both.
(f) The Government may at any time before termination, and, with the consent of
the Contractor, after notice of termination,
allot additional funds for this contract.
(g) The provisions of this clause with respect to termination shall in no way be
deemed to limit the rights of the Government under the default clause of this contract. The provisions of this Limitation of
Funds clause are limited to the work on and
allotment of funds for the items set forth in
paragraph (a). This clause shall become inoperative upon the allotment of funds for the
total price of said work except for rights and
obligations then existing under this clause.
(h) Nothing in this clause shall affect the
right of the Government to terminate this
contract pursuant to the Termination for
Convenience of the Government clause of
this contract.
(End of clause)
1852.232–79 Payment for on-site preparatory costs.
As prescribed in 1832.111–70, insert the
following clause:
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PAYMENT FOR ON-SITE PREPARATORY COSTS
(SEP 1987)
Costs associated with on-site preparatory
work (start-up or set-up costs) will be prorated over all work activities of a Critical
Path Method (CPM) network or Progress
Chart against which progress payments will
be sought. Separate payment for on-site pre-
1852.232–80
paratory costs will not be made by the Government.
(End of clause)
1852.232–80 Submission of vouchers
for payment.
As prescribed in 1832.908–70, insert the
following clause:
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
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1852.232–81
48 CFR Ch. 18 (10–1–21 Edition)
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. 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/invoice 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.
(End of clause)
[81 FR 63145, Sept. 14, 2016, as amended at 83
FR 13115, Mar. 27, 2018]
1852.232–81
Contract funding.
As prescribed in 1832.705–270(b), insert
the following clause:
CONTRACT FUNDING (JUN 1990)
(a) For purposes of payment of cost, exclusive of fee, in accordance with the Limitation of Funds clause, the total amount allotted by the Government to this contract is
$llllll. This allotment is for [Insert
applicable item number(s), task(s), or work
description] lllll and covers the following estimated period of performance:
lllll.
(b) An additional amount of $llllll is
obligated under this contract for payment of
fee.
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(End of clause)
[54 FR 28340, July 5, 1989, as amended at 55
FR 27090, June 29, 1990; 57 FR 40856, Sept. 8,
1992]
1852.232–82 Submission of requests for
progress payments.
As prescribed in 1832.502–470, insert
the following clause:
SUBMISSION OF REQUESTS FOR PROGRESS
PAYMENTS (MAR 1989)
The Contractor shall request progress payments in accordance with the Progress Payments clause by submitting to the Contracting Officer an original and two copies of
Standard Form (SF) 1443, Contractor’s Request for Progress Payment, and the contractor’s invoice (if applicable). The Contracting Officer’s office is the designated
billing office for progress payments for purposes of the Prompt Payment clause.
(End of clause)
1852.233–70
Protests to NASA.
As prescribed in 1833.106–70, insert the
following provision:
PROTESTS TO NASA (DEC 2015)
(a) In lieu of a protest to the United States
Government Accountability Office (GAO),
bidders or offerors may submit a protest
under 48 CFR part 33 (FAR Part 33) directly
to the Contracting Officer for consideration
by the Agency. Alternatively, bidders or
offerors may request an independent review
by the Assistant Administrator for Procurement, who will serve as or designate the official responsible for conducting an independent review. Such reviews are separate
and distinct from the Ombudsman Program
described at 1815.7001.
(b) Bidders or offerors shall specify whether they are submitting a protest to the Contracting Officer or requesting an independent
review by the Assistant Administrator for
Procurement.
(c) Protests to the Contracting Officer
shall be submitted to the address or email
specified in the solicitation (email is an acceptable means for submitting a protest to
the Contracting Officer). Alternatively, requests for independent review by the Assistant Administrator for Procurement shall be
addressed to the Assistant Administrator for
Procurement, NASA Headquarters, Washington, DC 20546–0001.
(End of provision)
[80 FR 36723, June 26, 2015, as amended at 80
FR 75843, Dec. 4, 2015]
1852.234–1 Notice of Earned
Management System.
As prescribed in 1834.203–70(a), insert
the following provision:
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National Aeronautics and Space Administration
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NOTICE OF EARNED VALUE MANAGEMENT
SYSTEM (NOV 2006)
(a) The offeror shall provide documentation that its proposed Earned Value Management System (EVMS) complies with the
EVMS guidelines in the American National
Standards Institute (ANSI)/Electronic Industries Alliance (EIA)–748 Standard, Earned
Value Management Systems (current version
at time of solicitation).
(b) If the offeror proposes to use a system
that currently does not meet the requirements of paragraph (a) of this provision, the
offeror shall submit its comprehensive plan
for compliance with the EVMS guidelines to
the Government for approval.
(1) The plan shall—
(i) Describe the EVMS the offeror intends
to use in performance of the contract;
(ii) Distinguish between the offeror’s existing management system and modifications
proposed to meet the EVMS guidelines in
ANSI/EIA–748;
(iii) Provide a matrix that correlates each
guideline in ANSI/EIA 748 (current version at
time of solicitation) to the corresponding
process in the offeror’s written management
procedures;
(iv) Describe the proposed procedure for
application of the EVMS requirements to
subcontractors;
(v) Describe how the offeror will ensure
EVMS compliance for each subcontractor
subject to the flowdown requirement in paragraph (c) whose EVMS has not been recognized by the Cognizant Federal Agency as
compliant according to paragraph (a);
(vi) Provide documentation describing the
process and results, including Government
participation, of any third-party or self-evaluation of the system’s compliance with the
EVMS guidelines; and
(vii) If the value of the offeror’s proposal,
including options, is $50 million or more,
provide a schedule of events leading up to
formal validation and Government acceptance of the Contractor’s EVMS. Guidance
can be found in the] Department of Defense
Earned Value Management Implementation
Guide
(https://acc.dau.mil/
CommunityBrowser.aspx?id=19557) as well as in
the National Defense Industrial Association
(NDIA) Earned Value Management Systems
Acceptance Guide (http://www.ndia.org/divisions/divisions/procurement/pages/
programsystemcommittee.aspx).
(2) The offeror shall provide information
and assistance as required by the Contracting Officer to support review of the
plan.
(3) The Government will review the
offeror’s EVMS implementation plan prior to
contract award.
(c) The offeror shall identify in its offer the
major subcontractors, or major subcontracted effort if major subcontractors have
1852.234–2
not been selected, planned for application of
the EVMS requirement. Prior to contract
award, the offeror and NASA shall agree on
the subcontractors, or subcontracted effort,
subject to the EVMS requirement.
(d) The offeror shall incorporate its compliance evaluation factors for subcontractors
into the plan required by paragraph (b) of
this provision.
(End of provision)
[71 FR 66121, Nov. 13, 2006, as amended at 80
FR 12953, Mar. 12, 2015]
1852.234–2 Earned Value Management
System.
As prescribed in 1834.203–70(b) insert
the following clause:
EARNED VALUE MANAGEMENT SYSTEM (NOV
2006)
(a) In the performance of this contract, the
Contractor shall use—
(1) An Earned Value Management System
(EVMS) that has been determined by the
Cognizant Federal Agency to be compliant
with the EVMS guidelines specified in the
American National Standards Institute
(ANSI)/Electronic
Industries
Alliance
(EIA)—748 Standard, Industry Guidelines for
Earned Value Management Systems (current
version at the time of award) to manage this
contract; and
(2) Earned Value Management (EVM) procedures that provide for generation of timely, accurate, reliable, and traceable information for the Contract Performance Report
(CPR) and the Integrated Master Schedule
(IMS) required by the data requirements descriptions in the contract.
(b) If, at the time of award, the Contractor’s EVMS has not been determined by the
Cognizant Federal Agency to be compliant
with the EVMS guidelines, or the Contractor
does not have an existing EVMS that is compliant with the guidelines in the ANSI/EIA–
748 Standard (current version at the time of
award), the Contractor shall apply the system to the contract and shall take timely
action to implement its plan to obtain compliance/validation. The Contractor shall follow and implement the approved compliance/
validation plan in a timely fashion. The Government will conduct a Compliance Review
to assess the contactor’s compliance with its
plan, and if the Contractor does not follow
the approved implementation schedule or
correct all resulting system deficiencies
identified as a result of the compliance review within a reasonable time, the Contracting Officer may take remedial action,
that may include, but is not limited to, a reduction in fee.
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1852.234–2
48 CFR Ch. 18 (10–1–21 Edition)
(c) The Government will conduct Integrated Baseline Reviews (IBRs). Such reviews shall be scheduled and conducted as
early as practicable, and if a pre-award IBR
has not been conducted, a post-award IBR
should be conducted within 180 calendar days
after contract award, or the exercise of significant contract options, or within 60 calendar days after distribution of a supplemental agreement that implements a significant funding realignment or effects a significant change in contractual requirements
(e.g., incorporation of major modifications).
The objective of IBRs is for the Government
and the Contractor to jointly assess the Contractor’s baseline to be used for performance
measurement to ensure complete coverage of
the statement of work, logical scheduling of
the work activities, adequate resourcing, and
identification of inherent risks. See the
NASA IBR Handbook (http://evm.nasa.gov/
handbooks.html) for guidance.
(d) Unless a waiver is granted by the Cognizant Federal Agency, Contractor proposed
EVMS changes require approval of the Cognizant Federal Agency prior to implementation. The Cognizant Federal Agency shall advise the Contractor of the acceptability of
such changes within 30 calendar days after
receipt of the notice of proposed changes
from the Contractor. If the advance approval
requirements are waived by the Cognizant
Federal Agency, the Contractor shall disclose EVMS changes to the Cognizant Federal Agency at least 14 calendar days prior to
the effective date of implementation.
(e) The Contractor agrees to provide access
to all pertinent records and data requested
by the Contracting Officer or a duly authorized representative. Access is to permit Government surveillance to ensure that the Contractor’s EVMS complies, and continues to
comply, with the EVMS guidelines referenced in paragraph (a) of this clause, and
to demonstrate—
(1) Proper implementation of the procedures generating the cost and schedule information being used to satisfy the contract
data requirements;
(2) Continuing application of the accepted
company procedures in satisfying the CPR
required by the contract through recurring
program/project and contract surveillance;
and
(3) Implementation of any corrective actions identified during the surveillance process.
(f) The Contractor shall be responsible for
ensuring that its subcontractors, identified
below, comply with the EVMS requirements
of this clause as follows:
(1) For subcontracts with an estimated dollar value of $50M or more, the following subcontractors shall comply with the requirements of this clause.
(Contracting Officer to insert names of
subcontractors or subcontracted effort).
llllllllllllllllllllllll
llllllllllllllllllllllll
llllllllllllllllllllllll
llllllllllllllllllllllll
(2) For subcontracts with an estimated dollar value of less than $50M, the following
subcontractors shall comply with the requirements of this clause except for the requirement in paragraph (b), if applicable, to
obtain compliance/validation.
(Contracting Officer to insert names of
subcontractors or subcontracted effort.)
llllllllllllllllllllllll
llllllllllllllllllllllll
llllllllllllllllllllllll
llllllllllllllllllllllll
(g) If the contractor identifies a need to deviate from the agreed baseline by working
against an Over Target Baseline (OTB) or
Over Target Schedule (OTS), the contractor
shall submit to the Contracting Officer a request for approval to begin implementation
of an OTB or OTS. This request shall include
a top-level projection of cost and/or schedule
growth,
whether
or
not
performance
variances will be retained, and a schedule of
implementation for the reprogramming adjustment. The Government will approve or
deny the request within 30 calendar days
after receipt of the request. Failure of the
Government to respond within this 30-day
period constitutes approval of the request.
Approval of the deviation request does not
constitute a change, or the basis for a
change, to the negotiated cost or price of
this contract, or the estimated cost of any
undefinitized contract actions.
(End of clause)
Alternate I (NOV 2006). As prescribed
in 1834.203–70(b), substitute the following paragraph (b) for paragraph (b)
of the basic clause:
(b) If, at the time of award, the Contractor’s EVMS has not been determined by the
Cognizant Federal Agency to be compliant
with the EVMS guidelines, or the Contractor
does not have an existing cost/schedule control system that is compliant with the guidelines in the ANSI/EIA–748 Standard (current
version at the time of ward), the Contractor
shall apply the system to the contract and
shall take timely action to implement its
plan to be compliant with the guidelines.
The Government will not formally validate/
accept the Contractor’s EVMS with respect
to this contract. The use of the Contractor’s
EVMS for this contract does not imply Government acceptance of the Contractor’s
EVMS for application to future contracts.
The Government will monitor compliance
through routine surveillance.
[71 FR 66121, Nov. 13, 2006, as amended at 80
FR 12953, Mar. 12, 2015]
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National Aeronautics and Space Administration
1852.235–70 Center for AeroSpace Information.
As prescribed in 1835.070(a), insert the
following clause:
time during the course of the contract to add
or delete personnel and/or facilities.
[List here the personnel and/or facilities considered essential, unless they are specified in
the contract Schedule.]
CENTER FOR AEROSPACE INFORMATION (DEC
2006)
(End of clause)
(a) The Contractor should register with
and avail itself of the services provided by
the NASA Center for AeroSpace Information
(CASI) (http://www.sti.nasa.gov) for the conduct of research or research and development
required under this contract. CASI provides
a variety of services and products as a NASA
repository and database of research information, which may enhance contract performance.
(b) Should the CASI information or service
requested by the Contractor be unavailable
or not in the exact form necessary by the
Contractor, neither CASI nor NASA is obligated to search for or change the format of
the information. A failure to furnish information shall not entitle the Contractor to an
equitable adjustment under the terms and
conditions of this contract.
(c) Information regarding CASI and the
services available can be obtained at the
Internet address contained in paragraph (a)
of this clause.
1852.235–72 Instructions for responding to NASA Research Announcements.
As prescribed in 1835.070(c), insert the
following provision:
(End of clause)
[68 FR 5232, Feb. 3, 2003, as amended at 71 FR
71073, Dec. 8, 2006]
1852.235–71
ties.
Key personnel and facili-
As prescribed in 1835.070(b), insert the
following clause:
KEY PERSONNEL AND FACILITIES (MAR 1989)
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1852.235–72
(a) The personnel and/or facilities listed
below (or specified in the contract Schedule)
are considered essential to the work being
performed under this contract. Before removing, replacing, or diverting any of the
listed or specified personnel or facilities, the
Contractor shall (1) notify the Contracting
Officer reasonably in advance and (2) submit
justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.
(b) The Contractor shall make no diversion
without the Contracting Officer’s written
consent; provided, that the Contracting Officer may ratify in writing the proposed
change, and that ratification shall constitute the Contracting Officer’s consent required by this clause.
(c) The list of personnel and/or facilities
(shown below or as specified in the contract
Schedule) may, with the consent of the contracting parties, be amended from time to
INSTRUCTIONS FOR RESPONDING TO NASA
RESEARCH ANNOUNCEMENTS (JUL 2016)
(a) General. (1) Proposals received in response to a NASA Research Announcement
(NRA) will be used only for evaluation purposes. NASA does not allow a proposal, the
contents of which are not available without
restriction from another source, or any
unique ideas submitted in response to an
NRA to be used as the basis of a solicitation
or in negotiation with other organizations,
nor is a pre-award synopsis published for individual proposals.
(2) A solicited proposal that results in a
NASA award becomes part of the record of
that transaction and may be available to the
public on specific request; however, information or material that NASA and the awardee
mutually agree to be of a privileged nature
will be held in confidence to the extent permitted by law, including the Freedom of Information Act.
(3) NRAs contain programmatic information and certain requirements which apply
only to proposals prepared in response to
that particular announcement. These instructions contain the general proposal preparation information which applies to responses to all NRAs.
(4) A contract, grant, cooperative agreement, or other agreement may be used to accomplish an effort funded in response to an
NRA. NASA will determine the appropriate
award instrument. Contracts resulting from
NRAs are subject to the Federal Acquisition
Regulation and the NASA FAR Supplement.
A grant, cooperative agreement, or other
agreement resulting from NRAs are subject
to policies and procedures outlined in the
Guidebook for Proposers Responding to a
NASA Funding Announcement, 2 CFR part
1800, 14 CFR part 1274, or other agreement
policy. Any proposal from a large business
concern that may result in the award of a
contract, which exceeds $5,000,000 and has
subcontracting possibilities should include a
small business subcontracting plan in accordance with the clause at FAR 52.219–9,
Small Business Subcontracting Plan.
(Subcontract plans for contract awards
below $5,000,000, will be negotiated after selection.)
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1852.235–72
48 CFR Ch. 18 (10–1–21 Edition)
(5) NASA does not have mandatory forms
or formats for responses to NRAs; however,
it is requested that proposals conform to the
guidelines in these instructions. NASA may
accept proposals without discussion; hence,
proposals should initially be as complete as
possible and be submitted on the proposers’
most favorable terms.
(6) To be considered for award, a submission must, at a minimum, present a specific
project within the areas delineated by the
NRA; contain sufficient technical and cost
information to permit a meaningful evaluation; be signed by an official authorized to
legally bind the submitting organization; not
merely offer to perform standard services or
to just provide computer facilities or services; and not significantly duplicate a more
specific current or pending NASA solicitation.
(b) NRA-Specific Items. Several proposal
submission items appear in the NRA itself:
the unique NRA identifier; when to submit
proposals; where to send proposals; number
of copies required; and sources for more information. Items included in these instructions may be supplemented by the NRA.
(c) The following information is needed to
permit consideration in an objective manner.
NRAs will generally specify topics for which
additional information or greater detail is
desirable. Each proposal copy shall contain
all submitted material, including a copy of
the transmittal letter if it contains substantive information.
(1) Transmittal letter or prefatory material. (i)
The legal name and address of the organization and specific division or campus identification if part of a larger organization;
(ii) A brief, scientifically valid project title
intelligible to a scientifically literate reader
and suitable for use in the public press;
(iii) Type of organization: e.g., profit, nonprofit, educational, small business, minority,
women-owned, etc;
(iv) Name and telephone number of the
principal investigator and business personnel
who may be contacted during evaluation or
negotiation;
(v) Identification of other organizations
that are currently evaluating a proposal for
the same efforts;
(vi) Identification of the NRA, by number
and title, to which the proposal is responding;
(vii) Dollar amount requested, desired
starting date, and duration of project;
(viii) Date of submission; and
(ix) Signature of a responsible official or
authorized representative of the organization, or any other person authorized to legally bind the organization (unless the signature appears on the proposal itself).
(2) Restriction on use and disclosure of
roposal information. Information contained in
proposals is used for evaluation purposes
only. Offerors or quoters should, in order to
maximize protection of trade secrets or
other information that is confidential or
privileged, place the following notice on the
title page of the proposal and specify the information subject to the notice by inserting
an appropriate identification in the notice.
In any event, information contained in proposals will be protected to the extent permitted by law, but NASA assumes no liability for use and disclosure of information not
made subject to the notice.
NOTICE—RESTRICTION ON USE AND DISCLOSURE
OF PROPOSAL INFORMATION
The information (data) contained in [insert
page numbers or other identification] of this
proposal constitutes a trade secret and/or information that is commercial or financial
and confidential or privileged. It is furnished
to the Government in confidence with the
understanding that it will not, without permission of the offeror, be used or disclosed
other than for evaluation purposes; provided,
however, that in the event a contract (or
other agreement) is awarded on the basis of
this proposal the Government shall have the
right to use and disclose this information
(data) to the extent provided in the contract
(or other agreement). This restriction does
not limit the Government’s right to use or
disclose this information (data) if obtained
from another source without restriction.
(3) Abstract. Include a concise (200–300 word
if not otherwise specified in the NRA) abstract describing the objective and the method of approach.
(4) Project description. (i) The main body of
the proposal shall be a detailed statement of
the work to be undertaken and should include objectives and expected significance;
relation to the present state of knowledge;
and relation to previous work done on the
project and to related work in progress elsewhere. The statement should outline the
plan of work, including the broad design of
experiments to be undertaken and a description of experimental methods and procedures. The project description should address
the evaluation factors in these instructions
and any specific factors in the NRA. Any
substantial collaboration with individuals
not referred to in the budget or use of consultants should be described. Subcontracting
significant portions of a research project is
discouraged.
(ii) When it is expected that the effort will
require more than one year, the proposal
should cover the complete project to the extent that it can be reasonably anticipated.
Principal emphasis should be on the first
year of work, and the description should distinguish clearly between the first year’s
work and work planned for subsequent years.
(5) Management approach. For large or complex efforts involving interactions among
numerous individuals or other organizations,
plans for distribution of responsibilities and
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National Aeronautics and Space Administration
arrangements for ensuring a coordinated effort should be described.
(6) Personnel. The principal investigator is
responsible for supervision of the work and
participates in the conduct of the research
regardless of whether or not compensated
under the award. A short biographical sketch
of the principal investigator, a list of principal publications and any exceptional qualifications should be included. Omit social security number and other personal items
which do not merit consideration in evaluation of the proposal. Give similar biographical information on other senior professional
personnel who will be directly associated
with the project. Give the names and titles
of any other scientists and technical personnel associated substantially with the
project in an advisory capacity. Universities
should list the approximate number of students or other assistants, together with information as to their level of academic attainment. Any special industry-university
cooperative arrangements should be described.
(7) Facilities and equipment. (i) Describe
available facilities and major items of equipment especially adapted or suited to the proposed project, and any additional major
equipment that will be required. Identify any
Government-owned
facilities,
industrial
plant equipment, or special tooling that are
proposed for use. Include evidence of its
availability and the cognizant Government
points of contact.
(ii) Before requesting a major item of capital equipment, the proposer should determine if sharing or loan of equipment already
within the organization is a feasible alternative. Where such arrangements cannot be
made, the proposal should so state. The need
for items that typically can be used for research and non-research purposes should be
explained.
(8) Proposed costs (U.S. proposals only). (i)
Proposals should contain cost and technical
parts in one volume: do not use separate
‘‘confidential’’ salary pages. As applicable,
include separate cost estimates for salaries
and wages; fringe benefits; equipment; expendable materials and supplies; services;
domestic and foreign travel; ADP expenses;
publication or page charges; consultants;
subcontracts; other miscellaneous identifiable direct costs; and indirect costs. List salaries and wages in appropriate organizational categories (e.g., principal investigator, other scientific and engineering professionals, graduate students, research assistants, and technicians and other non-professional personnel). Estimate all staffing
data in terms of staff-months or fractions of
full-time.
(ii) Explanatory notes should accompany
the cost proposal to provide identification
and estimated cost of major capital equipment items to be acquired; purpose and esti-
1852.235–72
mated number and lengths of trips planned;
basis for indirect cost computation (including date of most recent negotiation and cognizant agency); and clarification of other
items in the cost proposal that are not selfevident. List estimated expenses as yearly
requirements by major work phases.
(iii) Allowable costs are governed by FAR
part 31 and the NASA FAR Supplement part
1831.
(iv) Use of NASA funds—NASA funding
may not be used for foreign research efforts
at any level, whether as a collaborator or a
subcontract. The direct purchase of supplies
and/or services, which do not constitute research, from non-U.S. sources by U.S award
recipients is permitted. Additionally, in accordance with the National Space Transportation Policy, use of a non-U.S. manufactured launch vehicle is permitted only on a
no-exchange-of-funds basis.
(9) Security. Proposals should not contain
security classified material. If the research
requires access to or may generate security
classified information, the submitter will be
required to comply with Government security regulations.
(10) Current support. For other current
projects being conducted by the principal investigator, provide title of project, sponsoring agency, and ending date.
(11) Special matters. (i) Include any required
statements of environmental impact of the
research, human subject or animal care provisions, conflict of interest, or on such other
topics as may be required by the nature of
the effort and current statutes, executive orders, or other current Government-wide
guidelines.
(ii) Identify and discuss risk factors and
issues throughout the proposal where they
are relevant, and your approach to managing
these risks.
(iii) Proposers should include a brief description of the organization, its facilities,
and previous work experience in the field of
the proposal. Identify the cognizant Government audit agency, inspection agency, and
administrative contracting officer, when applicable.
(d) Renewal proposals. (1) Renewal proposals
for existing awards will be considered in the
same manner as proposals for new endeavors.
A renewal proposal should not repeat all of
the information that was in the original proposal. The renewal proposal should refer to
its predecessor, update the parts that are no
longer current, and indicate what elements
of the research are expected to be covered
during the period for which support is desired. A description of any significant findings since the most recent progress report
should be included. The renewal proposal
should treat, in reasonable detail, the plans
for the next period, contain a cost estimate,
and otherwise adhere to these instructions.
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1852.235–72
48 CFR Ch. 18 (10–1–21 Edition)
(2) NASA may renew an effort either
through amendment of an existing contract
or by a new award.
(e) Length. Unless otherwise specified in
the NRA, effort should be made to keep proposals as brief as possible, concentrating on
substantive material. Few proposals need exceed 15–20 pages. Necessary detailed information, such as reprints, should be included as
attachments. A complete set of attachments
is necessary for each copy of the proposal. As
proposals are not returned, avoid use of
‘‘one-of-a-kind’’ attachments.
(f) Joint proposals. (1) Where multiple organizations are involved, the proposal may be
submitted by only one of them. It should
clearly describe the role to be played by the
other organizations and indicate the legal
and managerial arrangements contemplated.
In other instances, simultaneous submission
of related proposals from each organization
might be appropriate, in which case parallel
awards would be made.
(2) Where a project of a cooperative nature
with NASA is contemplated, describe the
contributions expected from any participating NASA investigator and agency facilities or equipment which may be required.
The proposal must be confined only to that
which the proposing organization can commit itself. ‘‘Joint’’ proposals which specify
the internal arrangements NASA will actually make are not acceptable as a means of
establishing an agency commitment.
(g) Late proposals. Proposals or proposal
modifications received after the latest date
specified for receipt may be considered if a
significant reduction in cost to the Government is probable or if there are significant
technical advantages, as compared with proposals previously received.
(h) Withdrawal. Proposals may be withdrawn by the proposer at any time before
award. Offerors are requested to notify
NASA if the proposal is funded by another
organization or of other changed circumstances which dictate termination of
evaluation.
(i) Evaluation factors. (1) Unless otherwise
specified in the NRA, the principal elements
(of approximately equal weight) considered
in evaluating a proposal are its relevance to
NASA’s objectives, intrinsic merit, and cost.
(2) Evaluation of a proposal’s relevance to
NASA’s objectives includes the consideration of the potential contribution of the effort to NASA’s mission.
(3) Evaluation of its intrinsic merit includes the consideration of the following factors of equal importance:
(i) Overall scientific or technical merit of
the proposal or unique and innovative methods, approaches, or concepts demonstrated
by the proposal.
(ii) Offeror’s capabilities, related experience, facilities, techniques, or unique com-
binations of these which are integral factors
for achieving the proposal objectives.
(iii) The qualifications, capabilities, and
experience of the proposed principal investigator, team leader, or key personnel critical
in achieving the proposal objectives.
(iv) Overall standing among similar proposals and/or evaluation against the state-ofthe-art.
(4) Evaluation of the cost of a proposed effort may include the realism and reasonableness of the proposed cost and available funds.
(j) Evaluation techniques. Selection decisions will be made following peer and/or scientific review of the proposals. Several evaluation techniques are regularly used within
NASA. In all cases proposals are subject to
scientific review by discipline specialists in
the area of the proposal. Some proposals are
reviewed entirely in-house, others are evaluated by a combination of in-house and selected external reviewers, while yet others
are subject to the full external peer review
technique (with due regard for conflict-of-interest and protection of proposal information), such as by mail or through assembled
panels. The final decisions are made by a
NASA selecting official. A proposal which is
scientifically and programmatically meritorious, but not selected for award during its
initial review, may be included in subsequent reviews unless the proposer requests
otherwise.
(k) Selection for award. (1) When a proposal
is not selected for award, the proposer will
be notified. NASA will explain generally why
the proposal was not selected. Proposers desiring additional information may contact
the selecting official who will arrange a debriefing.
(2) When a proposal is selected for award,
negotiation and award will be handled by the
procurement office in the funding installation. The proposal is used as the basis for negotiation. The contracting officer may request certain business data and may forward
a model award instrument and other information pertinent to negotiation.
(l) Additional guidelines applicable to foreign
proposals and proposals including foreign participation. (1) NASA welcomes proposals from
outside the U.S. However, foreign entities
are generally not eligible for funding from
NASA. Therefore, unless otherwise noted in
the NRA, proposals from foreign entities
should not include a cost plan unless the proposal involves collaboration with a U.S. institution, in which case a cost plan for only
the participation of the U.S. entity must be
included. Proposals from foreign entities and
proposals from U.S. entities that include foreign participation must be endorsed by the
respective government agency or funding/
sponsoring institution in the country from
which the foreign entity is proposing. Such
endorsement should indicate that the proposal merits careful consideration by NASA,
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National Aeronautics and Space Administration
and if the proposal is selected, sufficient
funds will be made available to undertake
the activity as proposed.
(2) All foreign proposals must be typewritten in English and comply with all other
submission requirements stated in the NRA.
All foreign proposals will undergo the same
evaluation and selection process as those
originating in the U.S. All proposals must be
received before the established closing date.
Those received after the closing date will be
treated in accordance with paragraph (g) of
this provision. Sponsoring foreign government agencies or funding institutions may,
in exceptional situations, forward a proposal
without endorsement if endorsement is not
possible before the announced closing date.
In such cases, the NASA sponsoring office
should be advised when a decision on endorsement can be expected.
(3) Successful and unsuccessful foreign entities will be contacted directly by the NASA
sponsoring office. Copies of these letters will
be sent to the foreign sponsor. Should a foreign proposal or a U.S. proposal with foreign
participation be selected, NASA’s Office of
External Relations will arrange with the foreign sponsor for the proposed participation
on a no-exchange-of-funds basis, in which
NASA and the non-U.S. sponsoring agency or
funding institution will each bear the cost of
discharging their respective responsibilities.
(4) Depending on the nature and extent of
the proposed cooperation, these arrangements may entail:
(i) An exchange of letters between NASA
and the foreign sponsor; or
(ii) A formal Agency-to-Agency Memorandum of Understanding (MOU).
(m) Cancellation of NRA. NASA reserves the
right to make no awards under this NRA and
to cancel this NRA. NASA assumes no liability for canceling the NRA or for anyone’s
failure to receive actual notice of cancellation.
[62 FR 4475, Jan. 30, 1997, as amended at 64
FR 48561, Sept. 7, 1999; 65 FR 3153, Jan. 20,
2000; 67 FR 30604, May 7, 2002; 67 FR 61520,
Oct. 1, 2002; 69 FR 63460, Nov. 2, 2004; 70 FR
74207, Dec. 15, 2005; 81 FR 41238, June 24, 2016]
1852.235–73 Final Scientific and Technical Reports.
As prescribed in 1835.070(d) insert the
following clause:
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FINAL SCIENTIFIC AND TECHNICAL REPORTS
(DEC 2006)
(a) The Contractor shall submit to the
Contracting Officer a final report that summarizes the results of the entire contract, including recommendations and conclusions
based on the experience and results obtained.
The final report should include tables,
graphs, diagrams, curves, sketches, photo-
1852.235–73
graphs, and drawings in sufficient detail to
explain
comprehensively
the
results
achieved under the contract.
(b) The final report shall be of a quality
suitable for publication and shall follow the
formatting and stylistic guidelines contained in NPR 2200.2, Requirements for Documentation, Approval, and Dissemination of
NASA Scientific and Technical Information.
Electronic formats for submission of reports
should be used to the maximum extent practical. Before electronically submitting reports containing scientific and technical information (STI) that is export-controlled or
limited or restricted, contact the Contracting Officer to determine the requirements to electronically transmit these forms
of STI. If appropriate electronic safeguards
are not available at the time of submission,
a paper copy or a CD-ROM of the report shall
be required. Information regarding appropriate electronic formats for final reports is
available at http://www.sti.nasa.gov under
‘‘Publish STI—Electronic File Formats.’’
(c) The last page of the final report shall be
a completed Standard Form (SF) 298, Report
Documentation Page.
(d) In addition to the final report submitted to the Contracting Officer, the Contractor shall concurrently provide to the
Center STI/Publication Manager and the
NASA Center for AeroSpace Information
(CASI) a copy of the letter transmitting the
final report to the Contracting Officer. The
copy of the letter shall be submitted to CASI
at
the
address
listed
at
http://
www.sti.nasa.gov under the ‘‘Get Help’’ link.
(e) In accordance with paragraph (d) of the
Rights in Data—General clause (52.227–14) of
this contract, the Contractor may publish,
or otherwise disseminate, data produced during the reports required by 1852.235–74 when
included in the contract, without prior review by NASA. The Contractor is responsible
for reviewing publication or dissemination of
the data for conformance with laws and regulations governing its distribution, including
intellectual property rights, export control,
national security and other requirements,
and to the extent the contractor receives or
is given access to data necessary for the performance of the contract which contain restrictive markings, for complying with such
restrictive markings. Should the Contractor
seek to publish or otherwise disseminate the
final report, or any additional reports required by 1852.235–74 if applicable, as delivered to NASA under this contract, the Contractor may do so once NASA has completed
its document availability authorization review, and availability of the report has been
determined.
Alternate I (FEB 2003) As prescribed
by 1835.070(d)(1), insert the following as
paragraph (e) of the basic clause:
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1852.235–74
48 CFR Ch. 18 (10–1–21 Edition)
(e) The data resulting from this research
activity is ‘‘fundamental research’’ which
will be broadly shared within the scientific
community. No foreign national access or
dissemination restrictions apply to this research activity. The Contractor may publish,
release, or otherwise disseminate data produced during the performance of this contract, including the final report, without
prior review by NASA for export control or
national security purposes. However, NASA
retains the right to review the final report to
ensure that proprietary information, which
may have been provided to the Contractor, is
not released without authorization and for
consistency with NASA publication standards. Additionally, the Contractor is responsible for reviewing any publication, release,
or dissemination of the data for conformance
with other restrictions expressly set forth in
this contract, and to the extent it receives or
is given access to data necessary for the performance of the contract which contain restrictive markings, for compliance with such
restrictive markings.
Alternate II (DEC 2005) As prescribed
by 1835.070(d)(2), insert the following as
paragraph (e) of the basic clause:
(e) Data resulting from this research activity may be subject to export control, national security restrictions or other restrictions designated by NASA; or, to the extent
the Contractor receives or is given access to
data necessary for the performance of the
contract which contain restrictive markings,
may include proprietary information of others. Therefore, the Contractor shall not publish, release, or otherwise disseminate, except to NASA, data produced during the performance of this contract, including data
contained in the final report and any additional reports required by 1852.235–74 when
included in the contract, without prior review by NASA. Should the Contractor seek
to publish, release, or otherwise disseminate
data produced during the performance of this
contract, the Contractor may do so once
NASA has completed its document availability authorization review and the availability of the data has been determined.
(f) All publications of any material based
on or developed under NASA sponsored
projects shall include an acknowledgement
similar to the following:
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‘‘The material is based upon work supported by the National Aeronautics and
Space Administration under Contract Number XXXX.’’
Except for articles or papers published in
scientific, technical or professional journals,
the exposition of results from NASA supported research shall also include the following disclaimer:
‘‘Any opinions, findings, and conclusions
or recommendations expressed in this material are those of the author(s) and do not
necessarily reflect the views of the National
Aeronautics and Space Administration.’’
Alternate III (JAN 2005) As prescribed
by 1835.070(d)(3), insert the following as
paragraph (e) of the basic clause:
(e) The Contractor’s rights in data are defined in FAR 52.227–20, Rights In Data—SBIR
Program. The Contractor may publish, or
otherwise disseminate, such data without
prior review by NASA. The Contractor is responsible for reviewing publication or dissemination of the data for conformance with
laws and regulations governing its distribution, including intellectual property rights,
export control, national security and other
requirements, and to the extent the Contractor receives or is given access to data
necessary for the performance of the contract which contain restrictive markings, for
complying with such restrictive markings.
In the event the Contractor has established
its claim to copyright data produced under
this contract and has affixed a copyright notice and acknowledgement of Government
sponsorship, or has affixed the SBIR Rights
Notice contained in paragraph (d) of FAR
52.227–20, the Government shall comply with
such Notices.
(End of clause)
[68 FR 5232, Feb. 3, 2003, as amended at 70 FR
2022, Jan. 12, 2005; 70 FR 74207, Dec. 15, 2005;
71 FR 71073, Dec. 8, 2006; 81 FR 10520, Mar. 1,
2016]
1852.235–74 Additional
Reports
of
Work—Research and Development.
As prescribed in 1835.070(e), insert a
clause substantially the same as the
following:
ADDITIONAL REPORTS OF WORK—RESEARCH
AND DEVELOPMENT (FEB 2003)
In addition to the final report required
under this contract, the Contractor shall
submit the following report(s) to the Contracting Officer:
(a) Monthly progress reports. The Contractor
shall submit separate monthly reports of all
work accomplished during each month of
contract performance. Reports shall be in
narrative form, brief, and informal. They
shall include a quantitative description of
progress, an indication of any current problems that may impede performance, proposed corrective action, and a discussion of
the work to be performed during the next
monthly reporting period.
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National Aeronautics and Space Administration
(b) Quarterly progress reports. The Contractor shall submit separate quarterly reports of all work accomplished during each
three-month period of contract performance.
In addition to factual data, these reports
should include a separate analysis section interpreting the results obtained, recommending further action, and relating occurrences to the ultimate objectives of the contract. Sufficient diagrams, sketches, curves,
photographs, and drawings should be included to convey the intended meaning.
(c) Submission dates. Monthly and quarterly
reports shall be submitted by the 15th day of
the month following the month or quarter
being reported. If the contract is awarded beyond the middle of a month, the first monthly report shall cover the period from award
until the end of the following month. No
monthly report need be submitted for the
third month of contract effort for which a
quarterly report is required. No quarterly report need be submitted for the final three
months of contract effort since that period
will be covered in the final report. The final
report shall be submitted within ll days
after the completion of the effort under the
contract.
(End of clause)
[68 FR 5232, Feb. 3, 2003]
1852.236–71 Additive
or
deductive
items.
As prescribed in 1836.570(a), insert the
following provision:
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ADDITIVE OR DEDUCTIVE ITEMS (MAR 1989)
(a) The low bidder for purposes of award
shall be the conforming responsible bidder
offering the low aggregate amount for the
first or base bid item, plus or minus (in order
of priority listed in the Schedule) those additive or deductive bid items providing the
most features of the work within the funds
determined by the Government to be available before bids are opened. If addition of another bid item in the listed order of priority
would make the award exceed those funds for
all bidders, it shall be skipped and the next
subsequent additive bid item in a lower
amount shall be added for each bid if award
on it can be made within the funds.
(b) An example for one bid is an amount
available of $100,000, a bidder’s base bid of
$85,000, and four successive additives of
$10,000, $8,000, $6,000, and $4,000. In this example, the aggregate amount of the bid for purposes of award would be $99,000 for the base
bid plus the first and fourth additives, the
second and third additives being skipped because either of them would cause the aggregate bid to exceed $100,000.
(c) All bids shall be evaluated on the basis
of the same additive or deductive bid items.
1852.236–73
The listed order of priority must be followed
only for determining the low bidder. After
determination of the low bidder, award in
the best interests of the Government may be
made to that bidder on its base bid and any
combination of its additive or deductive bid
items for which funds are determined to be
available at the time of the award, provided
that award of the combination of bid items
does not exceed the amount offered by any
other conforming responsible bidder for the
same combination of bid items.
(End of provision)
[54 FR 28340, July 5, 1989, as amended at 62
FR 4476, Jan. 30, 1997]
1852.236–72
Bids with unit prices.
As prescribed in 1836.570(b), insert the
following provision:
BIDS WITH UNIT PRICES (MAR 1989)
(a) All extensions of the unit prices bid will
be subject to verification by the Government. If there is variation between the unit
price and any extended amounts, the unit
price will be considered to be the bid.
(b) If a modification to a bid based on unit
prices that provides for a lump-sum adjustment to the total estimated cost is submitted, the application of the lump sum adjustment to each unit price in the bid must
be stated. If it is not stated, the lump-sum
adjustment shall be applied on a pro rata
basis to every unit price in the bid.
(End of provision)
[54 FR 28340, July 5, 1989, as amended at 62
FR 4476, Jan. 30, 1997]
1852.236–73
Hurricane plan.
As prescribed in 1836.570(c), insert the
following clause:
HURRICANE PLAN (DEC 1988)
In the event of a hurricane warning, the
Contractor shall—
(a) Inspect the area and place all materials
possible in a protected location;
(b) Tie down, or identify and store, all outside equipment and materials;
(c) Clear all surrounding areas and roofs of
buildings, or tie down loose material, equipment, debris, and any other objects that
could otherwise be blown away or blown
against existing buildings; and
(d) Ensure that temporary erosion controls
are adequate.
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1852.236–74
48 CFR Ch. 18 (10–1–21 Edition)
(End of clause)
[54 FR 28340, July 5, 1989, as amended at 62
FR 4476, Jan. 30, 1997]
1852.236–74 Magnitude
of
requirement.
As prescribed in 1836.570(d), insert the
following provision:
MAGNITUDE OF REQUIREMENT (DEC 1988)
(End of clause)
[63 FR 44171, Aug. 18, 1998]
The Government estimated price range of
this project is between $llll and
$llll. [Insert the estimated dollar range.]
1852.237–70 Emergency
procedures.
As prescribed at 1837.110–70(a), insert
the following clause:
[54 FR 28340, July 5, 1989, as amended at 62
FR 4476, Jan. 30, 1997]
EMERGENCY EVACUATION PROCEDURES (DEC
1988)
1852.236–75 Partnering for construction contracts.
As prescribed in 1836.7004, insert the
following clause:
The contractor shall assure that its personnel at Government facilities are familiar
with the functions of the Government’s
emergency evacuation procedures. If requested by the Contracting Officer, the Contractor shall designate an individual or individuals as contact points to provide for efficient and rapid evacuation of the facility if
and when required.
(a) The terms ‘‘partnering’’ and ‘‘partnership’’ used herein shall mean a relationship
of open communication and close cooperation that involves both Government and
Contractor personnel working together for
the purpose of establishing a mutually beneficial, proactive, cooperative environment
within which to achieve contract objectives
and resolve issues and implementing actions
as required.
(b) Partnering will be a voluntary commitment mutually agreed upon by at least
NASA and the prime contractor, and preferably the subcontractors and the A&E design contractor, if applicable. Sustained
commitment to the process is essential to
assure success of the relationship.
(c) NASA intends to facilitate contract
management by encouraging the foundation
of a cohesive partnership with the Contractor, its subcontractors, the A&E design
contractor, and NASA’s contract management staff. This partnership will be structured to draw on the strengths of each organization to identify and achieve mutual objectives. The objectives are intended to complete the contract requirements within budget, on schedule, and in accordance with the
plans and specifications.
(d) To implement the partnership, it is anticipated that within 30 days of the Notice to
Proceed the prime Contractor’s key personnel, its subcontractors, the A&E design
contractor, and NASA personnel will attend
a partnership development and team building workshop. Follow-up team building
workshops will be held periodically through-
(End of clause)
[54 FR 28340, July 5, 1989, as amended at 54
FR 39376, Sept. 26, 1989; 62 FR 4476, Jan. 30,
1997]
1852.237–71 Pension portability.
As prescribed at 1837.110–70(b), insert
the following clause:
PENSION PORTABILITY (JAN 1997)
(a) In order for pension costs attributable
to employees assigned to this contract to be
allowable costs under this contract, the
plans covering such employees must:
(1) Comply with all applicable Government
laws and regulations;
(2) Be a defined contribution plan, or a
multiparty defined benefit plan operated
under a collective bargaining agreement. In
either case, the plan must be portable, i.e.,
the plan follows the employee, not the employer;
(3) Provide for 100 percent employee vesting at the earlier of one year of continuous
employee service or contract termination;
and
(4) Not be modified, terminated, or a new
plan adopted without the prior written approval of the cognizant NASA Contracting
Officer.
(b) The Contractor shall include paragraph
(a) of this clause in subcontracts for continuing services under a service contract if:
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(End of provision)
PARTNERING FOR CONSTRUCTION CONTRACTS
(AUG 1998)
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out the duration of the contract as agreed to
by the Government and the Contractor.
(e) Any cost with effectuating the partnership will be agreed to in advance by both
parties and will be shared with no change in
the contract price. The contractor’s share of
the costs are not recoverable under any
other Government award.
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National Aeronautics and Space Administration
(1) The prime contract requires pension
portability;
(2) The subcontracted labor dollars (excluding any burdens or profit/fee) exceed
$2,500,000 and ten percent of the total prime
contract labor dollars (excluding any burdens or profit/fee); and
(3) Either of the following conditions exists:
(i) There is a continuing need for the same
or similar subcontract services for a minimum of five years (inclusive of options), and
if the subcontractor changes, a high percentage of the predecessor subcontractor’s employees are expected to remain with the program; or
(ii) The employees under a predecessor subcontract were covered by a portable pension
plan, a follow-on subcontract or a subcontract consolidating existing services is
awarded, and the total subcontract period
covered by the plan covers a minimum of
five years (including both the predecessor
and successor subcontracts).
(End of clause)
[62 FR 4477, Jan. 30, 1997]
1852.237–72 Access to Sensitive Information.
As prescribed in 1837.203–72(a), insert
the following clause:
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ACCESS TO SENSITIVE INFORMATION (JUN 2005)
(a) As used in this clause, ‘‘sensitive information’’ refers to information that a contractor has developed at private expense, or
that the Government has generated that
qualifies for an exception to the Freedom of
Information Act, which is not currently in
the public domain, and which may embody
trade secrets or commercial or financial information, and which may be sensitive or
privileged.
(b) To assist NASA in accomplishing management activities and administrative functions, the Contractor shall provide the services specified elsewhere in this contract.
(c) If performing this contract entails access to sensitive information, as defined
above, the Contractor agrees to—
(1) Utilize any sensitive information coming into its possession only for the purposes
of performing the services specified in this
contract, and not to improve its own competitive position in another procurement.
(2) Safeguard sensitive information coming
into its possession from unauthorized use
and disclosure.
(3) Allow access to sensitive information
only to those employees that need it to perform services under this contract.
(4) Preclude access and disclosure of sensitive information to persons and entities
outside of the Contractor’s organization.
1852.237–73
(5) Train employees who may require access to sensitive information about their obligations to utilize it only to perform the
services specified in this contract and to
safeguard it from unauthorized use and disclosure.
(6) Obtain a written affirmation from each
employee that he/she has received and will
comply with training on the authorized uses
and mandatory protections of sensitive information needed in performing this contract.
(7) Administer a monitoring process to ensure that employees comply with all reasonable
security
procedures,
report
any
breaches to the Contracting Officer, and implement any necessary corrective actions.
(d) The Contractor will comply with all
procedures and obligations specified in its
Organizational Conflicts of Interest Avoidance Plan, which this contract incorporates
as a compliance document.
(e) The nature of the work on this contract
may subject the Contractor and its employees to a variety of laws and regulations relating to ethics, conflicts of interest, corruption, and other criminal or civil matters relating to the award and administration of
government contracts. Recognizing that this
contract establishes a high standard of accountability and trust, the Government will
carefully review the Contractor’s performance in relation to the mandates and restrictions found in these laws and regulations.
Unauthorized uses or disclosures of sensitive
information may result in termination of
this contract for default, or in debarment of
the Contractor for serious misconduct affecting present responsibility as a government
contractor.
(f) The Contractor shall include the substance of this clause, including this paragraph (f), suitably modified to reflect the relationship of the parties, in all subcontracts
that may involve access to sensitive information.
(End of clause)
[80 FR 43032, July 21, 2015, as amended at 80
FR 61994, Oct. 15, 2015]
1852.237–73 Release of Sensitive Information.
As prescribed in 1837.203–72(b), insert
the following clause:
RELEASE OF SENSITIVE INFORMATION (JUN
2005)
(a) As used in this clause, ‘‘sensitive information’’ refers to information, not currently
in the public domain, that the Contractor
has developed at private expense, that may
embody trade secrets or commercial or financial information, and that may be sensitive or privileged.
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1852.237–73
48 CFR Ch. 18 (10–1–21 Edition)
(b) In accomplishing management activities and administrative functions, NASA relies heavily on the support of various service
providers. To support NASA activities and
functions, these service providers, as well as
their subcontractors and their individual
employees, may need access to sensitive information submitted by the Contractor
under this contract. By submitting this proposal or performing this contract, the Contractor agrees that NASA may release to its
service providers, their subcontractors, and
their individual employees, sensitive information submitted during the course of this
procurement, subject to the enumerated protections mandated by the clause at 1852.237–
72, Access to Sensitive Information.
(c)(1) The Contractor shall identify any
sensitive information submitted in support
of this proposal or in performing this contract. For purposes of identifying sensitive
information, the Contractor may, in addition
to any other notice or legend otherwise required, use a notice similar to the following:
Mark the title page with the following legend:
This proposal or document includes sensitive information that NASA shall not disclose outside the Agency and its service providers that support management activities
and administrative functions. To gain access
to this sensitive information, a service provider’s contract must contain the clause at
NFS 1852.237–72, Access to Sensitive Information. Consistent with this clause, the service
provider shall not duplicate, use, or disclose
the information in whole or in part for any
purpose other than to perform the services
specified in its contract. This restriction
does not limit the Government’s right to use
this information if it is obtained from another source without restriction. The information subject to this restriction is contained in pages [insert page numbers or
other identification of pages].
Mark each page of sensitive information
the Contractor wishes to restrict with the
following legend:
Use or disclosure of sensitive information
contained on this page is subject to the restriction on the title page of this proposal or
document.
(2) The Contracting Officer shall evaluate
the facts supporting any claim that particular information is ‘‘sensitive.’’ This evaluation shall consider the time and resources
necessary to protect the information in accordance with the detailed safeguards mandated by the clause at 1852.237–72, Access to
Sensitive Information. However, unless the
Contracting Officer decides, with the advice
of Center counsel, that reasonable grounds
exist to challenge the Contractor’s claim
that particular information is sensitive,
NASA and its service providers and their employees shall comply with all of the safe-
guards contained in paragraph (d) of this
clause.
(d) To receive access to sensitive information needed to assist NASA in accomplishing
management activities and administrative
functions, the service provider must be operating under a contract that contains the
clause at 1852.237–72, Access to Sensitive Information. This clause obligates the service
provider to do the following:
(1) Comply with all specified procedures
and obligations, including the Organizational Conflicts of Interest Avoidance Plan,
which the contract has incorporated as a
compliance document.
(2) Utilize any sensitive information coming into its possession only for the purpose
of performing the services specified in its
contract.
(3) Safeguard sensitive information coming
into its possession from unauthorized use
and disclosure.
(4) Allow access to sensitive information
only to those employees that need it to perform services under its contract.
(5) Preclude access and disclosure of sensitive information to persons and entities
outside of the service provider’s organization.
(6) Train employees who may require access to sensitive information about their obligations to utilize it only to perform the
services specified in its contract and to safeguard it from unauthorized use and disclosure.
(7) Obtain a written affirmation from each
employee that he/she has received and will
comply with training on the authorized uses
and mandatory protections of sensitive information needed in performing this contract.
(8) Administer a monitoring process to ensure that employees comply with all reasonable
security
procedures,
report
any
breaches to the Contracting Officer, and implement any necessary corrective actions.
(e) When the service provider will have primary responsibility for operating an information technology system for NASA that
contains sensitive information, the service
provider’s contract shall include the clause
at 1852.204–76, Security Requirements for Unclassified
Information
Technology
Resources. The Security Requirements clause
requires the service provider to implement
an Information Technology Security Plan to
protect information processed, stored, or
transmitted from unauthorized access, alteration, disclosure, or use. Service provider
personnel requiring privileged access or limited privileged access to these information
technology systems are subject to screening
using the standard National Agency Check
(NAC) forms appropriate to the level of risk
for adverse impact to NASA missions. The
Contracting Officer may allow the service
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National Aeronautics and Space Administration
provider to conduct its own screening, provided the service provider employs substantially equivalent screening procedures.
(f) This clause does not affect NASA’s responsibilities under the Freedom of Information Act.
(g) The Contractor shall insert this clause,
including this paragraph (g), suitably modified to reflect the relationship of the parties,
in all subcontracts that may require the furnishing of sensitive information.
(End of clause)
[80 FR 43032, July 21, 2015, as amended at 80
FR 61994, Oct. 15, 2015]
1852.239–70
Alternate delivery points.
As prescribed in 1839.107–70(a)(1), insert the following clause:
ALTERNATE DELIVERY POINTS (NOV 1993)
(a) The first priority of this contract is to
satisfy the anticipated requirements of ll
(identify contracting activity). However,
should the actual requirements of ll (contracting activity) be less than the maximum
quantities/values specified in section B of
this contract, ll (contracting activity)
may order the remaining available quantities/values to satisfy the requirements of
other installations. The other installations
at which delivery may be required are:
(List installations and their locations)
(b) The prices of the deliverables in section
B are F.O.B. destination to ll (contracting
activity). If delivery to an alternate location
is ordered, an equitable adjustment may be
negotiated to recognize any variances in
transportation costs associated with delivery
to that alternate location.
(End of clause)
Alternate I (NOV 1993). As prescribed
in 1839.107–70(a)(2), delete paragraph (b)
and substitute the following:
(b) The prices of the deliverables in section
B are F.O.B. origin with delivery to NASA
via Government bill of lading (GBL). If delivery to an alternate location is ordered, the
same delivery procedures will be used and no
equitable adjustment to any price, term, or
condition of this contract will be made as a
result of such order.
kpayne on VMOFRWIN702 with $$_JOB
(End of clause)
[58 FR 59189, Nov. 8, 1993; 58 FR 62556, Nov. 29,
1993, as amended at 62 FR 4477, Jan. 30, 1997;
62 FR 36735, July 9, 1997; 81 FR 24501, Apr. 26,
2016]
1852.242–72
1852.241–70
[Reserved]
1852.242–71 Travel
United States.
outside
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the
As prescribed in 1842.7002, insert the
following clause:
TRAVEL OUTSIDE OF THE UNITED STATES (DEC
1988)
(a) The Contracting Officer must authorize
in advance and in writing travel to locations
outside of the United States by Contractor
employees that is to be charged as a cost to
this contract. This approval may be granted
when the travel is necessary to the efforts
required under the contract and it is otherwise in the best interest of NASA.
(b) The Contractor shall submit requests to
the Contracting Officer at least 30 days in
advance of the start of the travel.
(c) The Contractor shall submit a travel report at the conclusion of the travel. The
Contracting Officer’s approval of the travel
will specify the required contents and distribution of the travel report.
(End of clause)
[54 FR 28340, July 5, 1989, as amended at 55
FR 27090, June 29, 1990; 56 FR 12460, Mar. 26,
1991]
1852.242–72 Denied Access to NASA
Facilities.
As prescribed in 1842.7001, insert the
following clause:
DENIED ACCESS TO NASA FACILITIES (OCT
2015)
(a)(1) The performance of this contract requires contractor employees of the prime
contractor or any subcontractor, affiliate,
partner, joint venture, or team member with
which the contractor is associated, including
consultants engaged by any of these entities,
to have access to, physical entry into, and to
the extent authorized, mobility within, a
NASA facility.
(2) NASA may close and or deny contractor
access to a NASA facility for a portion of a
business day or longer due to any one of the
following events:
(i) Federal public holidays for federal employees in accordance with 5 U.S.C. 6103.
(ii) Fires, floods, earthquakes, unusually
severe weather to include snow storms, tornadoes and hurricanes.
(iii) Occupational safety or health hazards.
(iv) Non-appropriation of funds by Congress.
(v) Any other reason.
(3) In such events, the contractor employees may be denied access to a NASA facility,
in part or in whole, to perform work required
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1852.242–73
48 CFR Ch. 18 (10–1–21 Edition)
by the contract. Contractor personnel already present at a NASA facility during such
events may be required to leave the facility.
(b) In all instances where contractor employees are denied access or required to vacate a NASA facility, in part or in whole, the
contractor shall be responsible to ensure
contractor personnel working under the contract comply. If the circumstances permit,
the contracting officer will provide direction
to the contractor, which could include continuing on-site performance during the
NASA facility closure period. In the absence
of such direction, the contractor shall exercise sound judgment to minimize unnecessary contract costs and performance impacts
by, for example, performing required work
off-site if possible or reassigning personnel
to other activities if appropriate.
(c) The contractor shall be responsible for
monitoring the local radio, television stations, NASA Web sites, other communications channels, for example contracting officer notification, that the NASA facility is
accessible. Once accessible the contractor
shall resume contract performance as required by the contract.
(d) For the period that NASA facilities
were not accessible to contractor employees,
the contracting officer may—
(1) Adjust the contract performance or delivery schedule for a period equivalent to the
period the NASA facility was not accessible;
(2) Forego the work;
(3) Reschedule the work by mutual agreement of the parties; or
(4) Consider properly documented requests
for equitable adjustment, claim, or any other
remedy pursuant to the terms and conditions
of the contract.
(e) Notification procedures of a NASA facility closure, including contractor denial of
access, as follows:
(1) The contractor shall be responsible for
monitoring the local radio, television stations, NASA Web sites, other communications channels, for example contracting officer notification, for announcement of a
NASA facility closure to include denial of
access to the NASA facility. The contractor
shall be responsible for notification of its
employees of the NASA facility closure to
include denial of access to the NASA facility. The dismissal of NASA employees in accordance with statute and regulations providing for such dismissals shall not, in itself,
equate to a NASA facility closure in which
contractor employees are denied access.
Moreover, the leave status of NASA employees shall not be conveyed or imputed to contractor personnel. Accordingly, unless a
NASA facility is closed and the contractor is
denied access to the facility, the contractor
shall continue performance in accordance
with the contract.
(2) NASA’s Emergency Notification System (ENS). ENS is a NASA-wide Emergency
Notification and Accountability System that
provides NASA the ability to send messages,
both Agency-related and/or Center-related,
in the event of an emergency or emerging
situation at a NASA facility. Notification is
provided via multiple communication devices, e.g. Email, text, cellular, home/office
numbers. The ENS provides the capability to
respond to notifications and provide the safety status. Contractor employees may register for these notifications at the ENS Web
site:
http://www.hq.nasa.gov/office/ops/
nasaonly/ENSinformation.html.
(End of clause)
[80 FR 52644, Sept. 1, 2015]
1852.242–73 NASA contractor financial
management reporting.
As prescribed in 1842.7202, insert the
following clause:
NASA CONTRACTOR FINANCIAL MANAGEMENT
REPORTING (NOV 2004)
(a) The Contractor shall submit NASA
Contractor Financial Management Reports
on NASA Forms 533 in accordance with the
instructions in NASA Procedures and Guidelines (NPR) 9501.2, NASA Contractor Financial Management Reporting, and on the reverse side of the forms, as supplemented in
the Schedule of this contract. The detailed
reporting categories to be used, which shall
correlate with technical and schedule reporting, shall be set forth in the Schedule. Contractor implementation of reporting requirements under this clause shall include NASA
approval of the definitions of the content of
each reporting category and give due regard
to the Contractor’s established financial
management information system.
(b) Lower level detail used by the Contractor for its own management purposes to
validate information provided to NASA shall
be compatible with NASA requirements.
(c) Reports shall be submitted in the number of copies, at the time, and in the manner
set forth in the Schedule or as designated in
writing by the Contractor Officer. Upon completion and acceptance by NASA of all contract line items, the Contracting Officer may
direct the Contractor to submit Form 533 reports on a quarterly basis only, report only
when changes in actual cost incur, or suspend reporting altogether.
(d) The Contractor shall ensure that its
Form 533 reports include accurate subcontractor cost data, in the proper reporting
categories, for the reporting period.
(e) If during the performance of this contract NASA requires a change in the information or reporting requirements specified
in the Schedule, or as provided for in paragraph (a) or (c) of this clause, the Contracting Officer shall effect that change in
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National Aeronautics and Space Administration
accordance with the Changes clause of this
contract.
(End of clause)
[62 FR 36735, July 9, 1997; 62 FR 40309, July 28,
1997, as amended at 65 FR 46628, July 31, 2000;
69 FR 63460, Nov. 2, 2004]
1852.242–78 Emergency Medical Services and Evacuation.
As prescribed in 1842.7003, insert the
following clause:
EMERGENCY MEDICAL SERVICES AND
EVACUATION (APR 2001)
The Contractor shall, at its own expense,
be responsible for making all arrangements
for emergency medical services and evacuation, if required, for its employees while
performing work under this contract outside
the United States or in remote locations in
the United States. If necessary to deal with
certain emergencies, the Contractor may request the Government to provide medical or
evacuation services. If the Government provides such services, the Contractor shall reimburse the Government for the costs incurred.
(End of clause)
[66 FR 18054, Apr. 5, 2001]
1852.243–70—1852.243–71
[Reserved]
1852.243–72
EQUITABLE ADJUSTMENTS (APR 1998)
(a) The provisions of all other clauses contained in this contract which provide for an
equitable
adjustment,
including
those
clauses incorporated by reference with the
exception of the ‘‘Suspension of Work’’
clause (FAR 52.242–14), are supplemented as
follows:
Upon written request, the Contractor shall
submit a proposal for review by the Government. The proposal shall be submitted to the
contracting officer within the time limit indicated in the request or any extension
thereto subsequently granted. The proposal
shall provide an itemized breakdown of all
increases and decreases in the contract for
the Contractor and each subcontractor in at
least the following detail: material quantities and costs; direct labor hours and rates
for each trade; the associated FICA, FUTA,
SUTA, and Workmen’s Compensation Insurance; and equipment hours and rates.
(b) The overhead percentage cited below
shall be considered to include all indirect
costs including, but not limited to, field and
office supervisors and assistants, incidental
job burdens, small tools, and general overhead allocations. ‘‘Commission’’ is defined as
profit on work performed by others. The percentages for overhead, profit, and commission are negotiable according to the nature,
extent, and complexity of the work involved,
but in no case shall they exceed the following ceilings:
1852.243–72 Equitable adjustments.
As prescribed in 1843.205–70, insert the
following clause.
Overhead
(percent)
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To Contractor on work performed by other than its own forces ...................................
To first tier subcontractor on work performed by its subcontractors ............................
To Contractor and/or subcontractors on work performed with their own forces ..........
(c) Not more than four percentages for
overhead, profit, and commission shall be allowed regardless of the number of subcontractor tiers.
(d) The Contractor or subcontractor shall
not be allowed overhead or commission on
the overhead, profit, and/or commission received by its subcontractors.
(e) Equitable adjustments for deleted work
shall include credits, limited to the same
percentages for overhead, profit, and commission in paragraph (b) of this clause.
(f) On proposals covering both increases
and decreases in the amount of the contract,
the application of the overhead, profit, and
commission shall be on the net change in di-
Profit (percent)
—
—
10
—
—
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10
10
—
rect costs for the Contractor or the subcontractor performing the work.
(g) After receipt of the Contractor’s proposal, the contracting officer shall act within a reasonable period, provided that when
the necessity to proceed with a change does
not permit time to properly check the proposal, or in the event of a failure to reach an
agreement on a proposal, the contracting officer may order the Contractor to proceed on
the basis of the price being determined at
the earliest practicable date. In such a case,
the price shall not be more than the increase
or less than the decrease proposed.
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1852.243–73—1852.243–78
48 CFR Ch. 18 (10–1–21 Edition)
(End of clause)
(iii) Describe the property in sufficient detail to enable the Government to screen its
inventories for available property or to otherwise acquire property, including applicable
manufacturer, model, part, catalog, National
Stock Number or other pertinent identifiers;
(iv) Combine requests for quantities of
items with identical descriptions and estimated values when the estimated values do
not exceed $500,000 per unit; and
(v) Include only a single unit when the acquisition or construction value equals or exceeds $500,000.
(2) Contracting Officer authorization is required for items the Contractor intends to
manufacture as well as those it intends to
purchase.
(3) The Contractor shall submit requests to
the Contracting Officer no less than 30 days
in advance of the date the Contractor would,
should it receive authorization, acquire or
begin fabrication of the item.
(c) The Contractor shall maintain copies of
Contracting Officer authorizations, appropriately cross-referenced to the individual
property record, within its property management system.
(d) Property furnished from Government
excess sources is provided as-is, where-is.
The Government makes no warranty regarding its applicability for performance of the
contract or its ability to operate. Failure of
property obtained from Government excess
sources under this clause is insufficient reason for submission of requests for equitable
adjustments discussed in the clause at FAR
52.245–1, Government Property, as incorporated in this contract.
[63 FR 17339, Apr. 9, 1998, as amended at 81
FR 75345, Oct. 31, 2016]
1852.243–73—1852.243–78
[Reserved]
1852.244–70 Geographic participation
in the aerospace program.
As prescribed in 1844.204–70, insert the
following clause:
GEOGRAPHIC PARTICIPATION IN THE AEROSPACE
PROGRAM (APR 1985)
(a) It is the policy of the National Aeronautics and Space Administration to advance a broad participation by all geographic regions in filling the scientific, technical, research and development, and other
needs of the aerospace program.
(b) The Contractor agrees to use its best efforts to solicit subcontract sources on the
broadest feasible geographic basis consistent
with efficient contract performance and
without impairment of program effectiveness or increase in program cost.
(c) The Contractor further agrees to insert
this clause in all subcontracts of $100,000 and
over.
(End of clause)
[54 FR 28340, July 5, 1989, as amended at 62
FR 14034, Mar. 25, 1997]
1852.245–70 Contractor requests for
Government-furnished property.
As prescribed in 1845.107–70(a)(1), insert the following clause:
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CONTRACTOR REQUESTS FOR GOVERNMENTFURNISHED PROPERTY (AUG 2015)
(a) The Contractor shall provide all property required for the performance of this
contract. The Contractor shall not acquire
or construct items of property to which the
Government will have title under the provisions of this contract without the Contracting Officer’s written authorization.
Property which will be acquired as a deliverable end item as material or as a component
for incorporation into a deliverable end item
is exempt from this requirement. Property
approved as part of the contract award or
specifically required within the statement of
work is exempt from this requirement.
(b)(1) In the event the Contractor is unable
to provide the property necessary for performance, and the Contractor requests provision of property by the Government, the
Contractor’s request shall—
(i) Justify the need for the property;
(ii) Provide the reasons why contractorowned property cannot be used;
(End of clause)
Alternate I (AUG 2015) As prescribed
in 1845.107–70(a)(2), add the following
paragraph (e).
(e) In the event the Contracting Officer
issues written authorization to provide property, the Contractor shall screen Government sources to determine the availability
of property from Government inventory or
excess property.
(1) The Contractor shall review NASA inventories and other authorized Federal excess sources for availability of items that
meet the performance requirements of the
requested property.
(i) If the Contractor determines that a
suitable item is available from NASA supply
inventory, it shall request the item using applicable Center procedures.
(ii) If the Contractor determines that an
item within NASA or Federal excess is suitable, it shall contact the Center Industrial
Property Officer to arrange for transfer of
the item from the identified source to the
Contractor.
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National Aeronautics and Space Administration
(2) If the Contractor determines that the
required property is not available from inventory or excess sources, the Contractor
shall note the acquisition file with a list of
sources reviewed and the findings regarding
the lack of availability. If the required property is available, but unsuitable for use, the
contractor shall document the rationale for
rejection of available property. The Contractor shall retain appropriate cross-referenced documentary evidence of the outcome of those screening efforts as part of its
property records system.
[76 FR 2006, Jan. 12, 2011, as amended at 80
FR 51959, Aug. 27, 2015; 81 FR 13747, Mar. 15,
2016; 81 FR 14739, Mar. 18, 2016]
1852.245–71 Installation-accountable
Government property.
As prescribed in 1845.107–70(b)(1), insert the following clause:
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INSTALLATION-ACCOUNTABLE GOVERNMENT
PROPERTY (JUN 2018)
(a) The Government property described in
paragraph (c) of this clause may be made
available to the Contractor on a no-charge
basis for use in performance of this contract.
This property shall be utilized only within
the physical confines of the NASA installation that provided the property unless authorized by the Contracting Officer under
(b)(1)(iv). Under this clause, the Government
retains accountability for, and title to, the
property, and the Contractor shall comply
with the following:
NASA Procedural Requirements (NPR)
4100.1, NASA Materials Inventory Management Manual;
NASA Procedural Requirements (NPR)
4200.1, NASA Equipment Management Procedural Requirements;
NASA Procedural Requirement (NPR)
4300.1, NASA Personal Property Disposal
Procedural Requirements;
[Insert any additional property management
responsibilities.].
Property not recorded in NASA property
systems must be managed in accordance
with the requirements of the clause at FAR
52.245–1, as incorporated in this contract.
The Contractor shall establish and adhere
to a system of written procedures to assure
continued, effective management control
and compliance with these user responsibilities. In accordance with FAR 52.245–1(h)(1)
the contractor shall be liable for property
lost, damaged, destroyed or stolen by the
contractor or their employees when determined responsible by a NASA Property Survey Board, in accordance with the NASA
guidance in this clause.
(b)(1) The official accountable recordkeeping, financial control, and reporting of
the property subject to this clause shall be
1852.245–71
retained by the Government and accomplished within NASA management information systems prescribed by the installation
Supply and Equipment Management Officer
(SEMO) and Financial Management Officer.
If this contract provides for the Contractor
to acquire property, title to which will vest
in the Government, the following additional
procedures apply:
(i) The Contractor’s purchase order shall
require the vendor to deliver the property to
the installation central receiving area.
(ii) The Contractor shall furnish a copy of
each purchase order, prior to delivery by the
vendor, to the installation central receiving
area.
(iii) The Contractor shall establish a
record for Government titled property as required by FAR 52.245–1, as incorporated in
this contract, and shall maintain that record
until accountability is accepted by the Government.
(iv) Contractor use of Government property at an off-site location and off-site subcontractor use requires advance approval of
the Contracting Officer and notification of
the Industrial Property Officer. The property
shall be considered Government furnished
and the Contractor shall assume accountability and financial reporting responsibility. The Contractor shall establish records
and property control procedures and maintain the property in accordance with the requirements of FAR 52.245–1, Government
Property (as incorporated in this contract),
until its return to the installation. NASA
Procedural Requirements related to property
loans shall not apply to offsite use of property by contractors.
(2) After transfer of accountability to the
Government, the Contractor shall continue
to maintain such internal records as are necessary to execute the user responsibilities
identified in paragraph (a) of this clause and
document the acquisition, billing, and disposition of the property. These records and
supporting documentation shall be made
available, upon request, to the SEMO and
any other authorized representatives of the
Contracting Officer.
(c) The following property and services are
provided if checked:
(1) Office space, work area space, and utilities. Government telephones are available
for official purposes only.
(2) Office furniture.
(3) Property listed in [Insert attachment
number or ‘‘not applicable’’ if no equipment
is provided].
(i) If the Contractor acquires property,
title to which vests in the Government pursuant to other provisions of this contract,
this property also shall become accountable
to the Government upon its entry into Government records.
(ii) The Contractor shall not bring to the
installation for use under this contract any
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1852.245–72
48 CFR Ch. 18 (10–1–21 Edition)
property owned or leased by the Contractor,
or other property that the Contractor is accountable for under any other Government
contract, without the Contracting Officer’s
prior written approval.
(4) Supplies from stores stock.
(5) Publications and blank forms stocked
by the installation.
(6) Safety and fire protection for Contractor personnel and facilities.
(7) Installation service facilities: [Insert
the name of the facilities or ‘‘none’’].
(8) Medical treatment of a first-aid nature
for Contractor personnel injuries or illnesses
sustained during on-site duty.
(9) Cafeteria privileges for Contractor employees during normal operating hours.
(10) Building maintenance for facilities occupied by Contractor personnel.
(11) Moving and hauling for office moves,
movement of large equipment, and delivery
of supplies. Moving services may be provided
on-site, as approved by the Contracting Officer.
(End of clause)
Alternate I (JAN 2011) As prescribed
in 1845.107–70(b)(4), substitute the following for paragraph (b)(1)(i) of the
basic clause:
(i) The Contractor shall not utilize the installation’s central receiving facility for receipt of contractor-acquired property. However, the Contractor shall provide listings
suitable for establishing accountable records
of all such property received, on a monthly
basis, to the SEMO.
(End of clause)
[76 FR 2006, Jan. 12, 2011]
1852.245–73 Financial
reporting
of
NASA property in the custody of
contractors.
As prescribed in 1845.107–70(d), insert
the following clause:
[76 FR 2006, Jan. 12, 2011, as amended at 83
FR 28386, June 19, 2018]
FINANCIAL REPORTING OF NASA PROPERTY IN
THE CUSTODY OF CONTRACTORS (JAN 2017)
1852.245–72 Liability for Government
property furnished for repair or
other services.
As prescribed in 1845.107–70(c), insert
the following clause:
(a) The Contractor shall submit annually a
NASA Form (NF) 1018, NASA Property in the
Custody of Contractors, in accordance with
this clause, the instructions on the form and
NFS subpart 1845.71, and any supplemental
instructions for the current reporting period
issued by NASA.
(b)(1) Subcontractor use of NF 1018 is not
required by this clause; however, the Contractor shall include data on property in the
possession of subcontractors in the annual
NF 1018.
(2) The Contractor shall mail the original
signed NF 1018 directly to the cognizant
NASA Center Industrial Property Officer and
a copy to the cognizant NASA Center Deputy
Chief Financial Officer, Finance, unless the
Contractor uses the NF 1018 Electronic Submission System (NESS) for report preparation and submission.
(3) One copy shall be submitted (through
the Department of Defense (DOD) Property
Administrator if contract administration
has been delegated to DOD) to the following
LIABILITY FOR GOVERNMENT PROPERTY FURNISHED FOR REPAIR OR OTHER SERVICES
(JAN 2011)
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accounted for and identified at all times
while in its custody or possession or in the
custody or possession of any subcontractor.
(c) The Contractor shall be liable for any
loss, damage, or destruction of the Government property furnished for servicing when
caused by the Contractor’s failure to exercise such care and diligence as a reasonable
prudent owner of similar property would exercise under similar circumstances. The Contractor shall not be liable for loss, damage,
or destruction of Government property furnished for servicing resulting from any other
cause except to the extent that the loss,
damage, or destruction is covered by insurance (including self-insurance funds or reserves).
(d) The Contractor shall hold the Government harmless and shall indemnify the Government against all claims for injury to persons or damage to property of the Contractor
or others arising from the Contractor’s possession or use of the Government property
furnished for servicing or arising from the
presence of that property on the Contractor’s premises or property.
(a) This clause shall govern with respect to
any Government property furnished to the
Contractor for repair or other services that
is to be returned to the Government. Such
property, hereinafter referred to as ‘‘Government property furnished for servicing,’’
shall not be subject to FAR 52.245–1, Government Property.
(b) The official accountable recordkeeping
and financial control and reporting of the
property subject to this clause shall be retained by the Government. The Contractor
shall maintain adequate records and procedures to ensure that the Government property furnished for servicing can be readily
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National Aeronautics and Space Administration
address: [Insert name and address of appropriate NASA Center office.], unless the Contractor uses the NF 1018 Electronic Submission System (NESS) for report preparation
and submission.
(c)(1) The annual reporting period shall be
from October 1 of each year through September 30 of the following year. The report
shall be submitted in time to be received by
October 31st. The information contained in
these reports is entered into the NASA accounting system to reflect current asset values for agency financial statement purposes.
Therefore, it is essential that required reports be received no later than October 31st.
(2) Some activity may be estimated for the
month in which the report is submitted, if
necessary, to ensure the NF 1018 is received
when due. However, contractors’ procedures
must document the process for developing
these estimates based on planned activity
such as planned purchases or NASA Form 533
(NF 533) Contractor Financial Management
Report cost estimates. It should be supported and documented by historical experience or other corroborating evidence, and be
retained in accordance with FAR Subpart
4.7, Contractor Records Retention. Contractors shall validate the reasonableness of the
estimates and associated methodology by
comparing them to the actual activity once
that data is available, and adjust them accordingly. In addition, differences between
the estimated cost and actual cost must be
adjusted during the next reporting period.
Contractors shall have formal policies and
procedures, which address the validation of
NF 1018 data, including data from subcontractors, and the identification and timely reporting of errors. The objective of this
validation is to ensure that information reported is accurate and in compliance with
the NASA FAR Supplement. If errors are discovered on NF 1018 after submission, the contractor shall contact the cognizant NASA
Center Industrial Property Officer (IPO)
within 30 days after discovery of the error to
discuss corrective action.
(3) In addition to an annual report, if at
any time during performance of the contract, NASA-owned property in the custody
of the contractor has a value of $10 million
or more, the contractor shall also submit a
report no later than the 21st of each month
in accordance with the requirements of paragraph (c)(2) of this clause.
(4) The Contracting Officer may, in NASA’s
interest, withhold payment until a reserve
not exceeding $25,000 or 5 percent of the
amount of the contract, whichever is less,
has been set aside, if the Contractor fails to
submit annual NF 1018 reports in accordance
with NFS subpart 1845.71, any monthly report in accordance with (c)(3) of this clause,
and any supplemental instructions for the
current reporting period issued by NASA.
Such reserve shall be withheld until the Con-
1852.245–74
tracting Officer has determined that NASA
has received the required reports. The withholding of any amount or the subsequent
payment thereof shall not be construed as a
waiver of any Government right.
(d) A final report shall be submitted within
30 days after disposition of all property subject to reporting when the contract performance period is complete in accordance with
paragraph (b)(1) through (3) of this clause.
(End of clause)
[76 FR 2006, Jan. 12, 2011, as amended at 81
FR 24501, Apr. 26, 2016; 81 FR 91047, Dec. 16,
2016]
1852.245–74 Identification and marking of Government equipment.
As prescribed by 1845.107–70(e), insert
the following clause.
IDENTIFICATION AND MARKING OF GOVERNMENT
EQUIPMENT (JAN 2011)
(a) The Contractor shall identify all equipment to be delivered to the Government
using NASA Technical Handbook (NASA–
HDBK) 6003, Application of Data Matrix
Identification Symbols to Aerospace Parts
Using Direct Part Marking Methods/Techniques, and NASA Standard (NASA–STD)
6002, Applying Data Matrix Identification
Symbols on Aerospace Parts or through the
use of commercial marking techniques that:
(1) are sufficiently durable to remain intact
through the typical lifespan of the property:
and, (2) contain the data and data format required by the standards. This requirement
includes deliverable equipment listed in the
schedule and other equipment when no
longer required for contract performance and
NASA directs physical transfer to NASA or a
third party. The Contractor shall identify
property in both machine and human readable form unless the use of a machine readable-only format is approved by the NASA
Industrial Property Officer.
(b) Equipment shall be marked in a location that will be human readable, without
disassembly or movement of the equipment,
when the items are placed in service unless
such placement would have a deleterious effect on safety or on the item’s operation.
(c) Concurrent with equipment delivery or
transfer, the Contractor shall provide the
following data in an electronic spreadsheet
format:
(1) Item Description.
(2) Unique Identification Number (License
Tag).
(3) Unit Price.
(4) An explanation of the data used to
make the unique identification number.
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1852.245–75
48 CFR Ch. 18 (10–1–21 Edition)
(d) For equipment no longer needed for
contract performance and physically transferred under paragraph (a) of this clause, the
following additional data is required:
(1) Date originally placed in service.
(2) Item condition.
(e) The data required in paragraphs (c) and
(d) of this clause shall be delivered to the
NASA center receiving activity listed below:
llllllllllllllllllllllll
llllllllllllllllllllllll
llllllllllllllllllllllll
(f) The contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that require delivery of equipment.
corporated in this contract. The Contractor
shall use this property in the performance of
this contract at [Insert applicable site(s)
where property will be used] and at other location(s) as may be approved by the Contracting Officer. Under FAR 52.245–1, the
Contractor is accountable for the identified
property.
(End of clause)
As prescribed in 1845.107–70(h), insert
the following clause:
(End of clause)
[76 FR 2006, Jan. 12, 2011]
1852.245–77 List of Government property furnished pursuant to FAR
52.245–2.
[76 FR 2006, Jan. 12, 2011]
1852.245–75 Property
management
changes.
As prescribed in 1845.107–70(f), insert
the following clause.
PROPERTY MANAGEMENT CHANGES (JAN 2011)
(a) The Contractor shall submit any
changes to standards and practices used for
management and control of Government
property under this contract to the assigned
property administrator prior to making the
change whenever the change—
(1) Employs a standard that allows increase in thresholds or changes the timing
for reporting loss, damage, or destruction of
property;
(2) Alters physical inventory timing or procedures;
(3) Alters recordkeeping practices;
(4) Alters practices for recording the transport or delivery of Government property; or
(5) Alters practices for disposition of Government property.
(End of clause)
For performance of work under this contract, the Government will make available
Government property identified below or in
Attachment ll [Insert attachment number
or ‘‘not applicable’’] of this contract on a
nocharge-for-use basis pursuant to FAR
52.245–2, Government Property Installation
Operation Services, as incorporated in this
contract. The Contractor shall use this property in the performance of this contract at
ll [Insert applicable site(s) where property
will be used] and at other location(s) as may
be approved by the Contracting Officer.
[Insert a description of the item(s), acquisition date, quantity, acquisition cost, and
applicable equipment information]
(End of clause)
[76 FR 2006, Jan. 12, 2011]
1852.245–78 Physical inventory of capital personal property.
As prescribed in 1845.107–70(i), insert
the following clause.
[76 FR 2006, Jan. 12, 2011]
1852.245–76 List of Government property furnished pursuant to FAR
52.245–1.
As prescribed in 1845.107–70(g), insert
the following clause:
LIST OF GOVERNMENT PROPERTY FURNISHED
PURSUANT TO FAR 52.245–1 (JAN 2011)
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LIST OF GOVERNMENT PROPERTY FURNISHED
PURSUANT TO FAR 52.245–2 (JAN 2011)
For performance of work under this contract, the Government will make available
Government property identified below or in
Attachment [Insert attachment number or
‘‘not applicable’’] of this contract on a no
charge-for-use basis pursuant to the clause
at FAR 52.245–1, Government Property, as in-
PHYSICAL INVENTORY OF CAPITAL PERSONAL
PROPERTY (AUG 2015)
(a) In addition to physical inventory requirements under the clause at FAR 52.245–1,
Government Property, as incorporated in
this contract, the Contractor shall conduct
annual physical inventories for individual
property items with an acquisition cost exceeding $500,000.
(1) The Contractor shall inventory—
(i) Items of property furnished by the Government;
(ii) Items acquired by the Contractor and
titled to the Government under the clause at
FAR 52.245–1;
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National Aeronautics and Space Administration
(iii) Items constructed by the Contractor
and not included in the deliverable, but titled to the Government under the clause at
FAR 52.245–1; and
(iv) Complete but undelivered deliverables.
(2) The Contractor shall use the physical
inventory results to validate the property
record data, specifically location and use
status, and to prepare summary reports of
inventory as described in paragraph (c) of
this clause.
(b) Unless specifically authorized in writing by the Property Administrator, the inventory shall be performed and posted by individuals other than those assigned custody
of the items, responsibility for maintenance,
or responsibility for posting to the property
record. The Contractor may request a waiver
from this separation of duties requirement
from the Property Administrator, when all
of the conditions in either (1) or (2) of this
paragraph are met.
(1) The Contractor utilizes an electronic
system for property identification, such as a
laser bar-code reader or radio frequency
identification reader, and
(i) The programs or software preclude manual data entry of inventory identification
data by the individual performing the inventory; and
(ii) The inventory and property management systems contain sufficient management controls to prevent tampering and assure proper posting of collected inventory
data.
(2) The Contractor has limited quantities
of property, limited personnel, or limited
property systems; and the Contractor provides written confirmation that the Government property exists in the recorded condition and location;
(3) The Contractor shall submit the request
to the cognizant property administrator and
obtain approval from the property administrator prior to implementation of the practice.
(c) The Contractor shall report the results
of the physical inventory to the property administrator within 10 calendar days of completion of the physical inventory. The report
shall—
(1) Provide a summary showing number
and value of items inventoried; and
(2) Include additional supporting reports
of—
(i) Loss in accordance with the clause at
52.245–1, Government Property;
(ii) Idle property available for reuse or disposition; and
(iii) A summary of adjustments made to location, condition, status, or user as a result
of the physical inventory reconciliation.
(d) The Contractor shall retain auditable
physical inventory records, including records
supporting transactions associated with inventory reconciliation. All records shall be
subject to Government review and/or audit.
1852.245–80
(End of clause)
[76 FR 2006, Jan. 12, 2011, as amended at 80
FR 51959, Aug. 27, 2015]
1852.245–79 Records and disposition
reports for Government property
with potential historic or significant real value.
As prescribed in 1845.107–70(j), insert
the following clause.
RECORDS AND DISPOSITION REPORTS FOR GOVERNMENT PROPERTY WITH POTENTIAL HISTORIC OR SIGNIFICANT REAL VALUE (JAN
2011)
(a) In addition to the property record data
required by the clause at FAR 52.245–1, Government Property as incorporated in this
contract, Contractor records of all Government property under this contract shall—
(1) Identify the projects or missions that
used the items;
(2) Specifically identify items of flown
property;
(3) When known, associate individual items
of property used in space flight operations
with the using astronaut(s); and
(4) Identify property used in test activity
and, when known, the individuals who
0conducted the test.
(b) The Contractor shall include this information within item descriptions—
(1) On any Standard Form 1428, Inventory
Schedule;
(2) In automated disposition systems;
(3) In any other disposition related reports;
and
(4) In other requests for disposition instructions.
(c) The Contractor shall not remove NASA
identification or markings from Government
property prior to or during disposition without the advanced written approval of the
Plant Clearance Officer.
(End of clause)
[76 FR 2006, Jan. 12, 2011]
1852.245–80 Government
property
management information.
As prescribed in 1845.107–70(k)(1), insert the following provision.
GOVERNMENT PROPERTY MANAGEMENT
INFORMATION (JAN 2011)
(a) The offeror shall identify the industry
leading or voluntary consensus standards,
and/or the industry leading practices, that it
intends to employ for the management of
Government property under any contract
awarded from this solicitation.
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1852.245–81
48 CFR Ch. 18 (10–1–21 Edition)
(b) The offeror shall provide the date of its
last Government property control system
analysis along with its overall status, a summary of findings and recommendations, the
status of any recommended corrective actions, the name of the Government activity
that performed the analysis, and the latest
available contact information for that activity.
(c) The offeror shall identify any property
it intends to use in performance of this contract from the list of available Government
property in the provision at 1852.245–81, List
of Available Government Property.
(d) The offeror shall identify all Government property in its possession, provided
under other Government contracts that it
intends to use in the performance of this
contract. The offeror shall also identify: The
contract that provided the property, the responsible Contracting Officer, the dates during which the property will be available for
use (including the first, last, and all intervening months), and, for any property that
will be used concurrently in performing two
or more contracts, the amounts of the respective uses in sufficient detail to support
prorating the rent, the amount of rent that
would otherwise be charged in accordance
with FAR 52.245–9, Use and Charges (June
2007), and the contact information for the responsible Government Contracting Officer.
The offeror shall provide proof that such use
was authorized by the responsible Contracting Officer.
(e) The offeror shall disclose cost accounting practices that allow for direct charging
of commercially available equipment, when
commercially available equipment is to be
used in performance of the contract and the
equipment is not a deliverable.
(f) The offeror shall identify, in list form,
any equipment that it intends to acquire and
directly charge to the Government under
this contract. The list shall include a description, manufacturer, model number
(when available), quantity required, and estimated unit cost. Equipment approved as part
of the award need not be requested under
NFS clause 1852.245–70,
(g) The offeror shall disclose its intention
to acquire any parts, supplies, materials or
equipment, to fabricate an item of equipment for use under any contract resulting
from this solicitation when that item of
equipment:
Will be titled to the government under the
provisions of the contract; is not included as
a contract deliverable; and the Contractor
intends to charge the costs of materials directly to the contract. The disclosure shall
identify the end item or system and shall include all descriptive information, identification numbers (when available), quantities required and estimated costs.
(h) Existing Government property may be
reviewed at the following locations, dates,
and times: [Enter the appropriate information]
(End of provision)
Alternate 1 (JAN 2011) As prescribed
in 1845.107–70(k)(2) add the following
paragraph (i).
(i) Existing available Government property
listed in the provision at 1852.245–81 is provided ‘‘as-is.’’ NASA makes no warranty regarding its performance or condition. The offeror uses this property at its own risk and
should make its own assessment of the property’s suitability for use. The equitable adjustment provisions of the clause at 52.245–1,
Government Property as included in this solicitation, are not applicable to this property. The offeror must obtain the Contracting Officer’s written approval before acquiring replacement property when it intends to charge the cost directly to the contract.
[76 FR 2006, Jan. 12, 2011]
1852.245–81 List of available Government property.
As prescribed in 1845.107–70(l), insert
the following provision.
LIST OF AVAILABLE GOVERNMENT PROPERTY
(JAN 2011)
(a) The Government will make the following Government property available for
use in performance of the contract resulting
from this solicitation, on a no-charge-for-use
basis in accordance with FAR 52.245–1, Government Property, included in this solicitation. The offeror shall notify the Government, as part of its proposal, of its intention
to use or not use the property.
(b) The Government will make the following Government property available for
use in performance of the contract resulting
from this solicitation, on a no-charge-for-use
basis in accordance with FAR 52.245–2, Government Property Installation Operation
Services, as included in this solicitation. The
offeror shall notify the Government of its intention to use or not use the property.
(c) The selected Contractor will be responsible for costs associated with transportation, and installation of the property listed in this provision.
(End of provision)
[76 FR 2006, Jan. 12, 2011]
1852.245–82 Occupancy
requirements.
As prescribed in 1845.107–70(m), insert
the following clause:
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National Aeronautics and Space Administration
OCCUPANCY MANAGEMENT REQUIREMENTS
(SEP 2017)
(a) In addition to the requirements of the
clause at FAR 52.245–1, Government Property, as included in this contract, the Contractor shall comply with the following in
performance of work in and around Government real property:
(1) NPD 8800.14, Policy for Real Estate
Management.
(2) NPD 8831.2, Facilities Maintenance and
Operations Management.
[Insert any additional Center occupancy
requirements here]
(b) The Contractor shall obtain the written
approval of the Contracting Officer before installing or removing Contractor-owned property onto or into any Government real property or when movement of Contractor-owned
property may damage or destroy Government-owned property. The Contractor shall
restore damaged property to its original condition at the Contractor’s expense.
(c) The Contractor shall not acquire, construct or install any fixed improvement or
structural alterations in Government buildings or other real property without the advance, written approval of the Contracting
Officer. Fixed improvement or structural alterations, as used herein, means any alteration or improvement in the nature of the
building or other real property that, after
completion, cannot be removed without substantial loss of value or damage to the premises. Title to such property shall vest in the
Government.
(d) The Contractor shall report any real
property or any portion thereof when it is no
longer required for performance under the
contract, as directed by the Contracting Officer.
1852.246–71
(2) NPR 8831.2, Facility Maintenance Management.
[Insert any real property related Center requirements here]
(b) Within 30 calendar days following
award, the Contractor shall provide a plan
for maintenance of Government real property provided for use under this contract.
The Contractor’s maintenance program shall
enable the identification, disclosure, and
performance of normal and routine preventative maintenance and repair. The Contractor
shall disclose and report to the Contracting
Officer the need for replacement and/or capital rehabilitation. Upon acceptance by the
Contracting Officer, the program shall become a requirement under this contract.
(c) Title to parts replaced by the Contractor in carrying out its normal maintenance obligations shall pass to and vest in
the Government upon completion of their installation in the facilities. The Contractor
shall keep the property free and clear of all
liens and encumbrances.
(d) The Contractor shall keep records of all
work done to real property, including plans,
drawings, charts, warranties, and manuals.
Records shall be complete and current.
Record of all transactions shall be auditable.
The Government shall have access to these
records at all reasonable times, for the purposes of reviewing, inspecting, and evaluating the Contractor’s real property management effectiveness. When real property is
disposed of under this contract, the Contractor shall deliver the related records to
the Government.
(e) The Contracting Officer may direct the
Contractor in writing to reduce the work required by the maintenance program authorized in paragraph (b) of this clause at any
time.
(End of clause)
(End of clause)
[76 FR 2006, Jan. 12, 2011, as amended at 81
FR 24501, Apr. 26, 2016; 82 FR 38853, Aug. 16,
2017]
1852.245–83 Real property management requirements.
As prescribed in 1845.107–70(n), insert
the following clause:
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REAL PROPERTY MANAGEMENT REQUIREMENTS
(JAN 2011)
(a) In addition to the requirements of the
FAR Government Property Clause incorporated in this contract (FAR 52.245–1), the
Contractor shall comply with the following
in performance of any maintenance, construction, modification, demolition, or management activities of any Government real
property:
(1) NPD 8800.14, Policy for Real Property
Management.
[76 FR 2006, Jan. 12, 2011, as amended at 81
FR 24501, Apr. 26, 2016]
1852.246–70
[Reserved]
1852.246–71 Government
contract
quality assurance functions.
As prescribed in 1846.470, insert the
following clause:
GOVERNMENT CONTRACT QUALITY ASSURANCE
FUNCTIONS (OCT 1988)
In accordance with the inspection clause of
this contract, the Government intends to
perform the following functions at the locations indicated:
Item
Quality Assurance Function
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Location
1852.246–72
48 CFR Ch. 18 (10–1–21 Edition)
[Insert the items involving quality assurance, the quality assurance functions, and
where the functions will be performed]
(End of clause)
IF YOU ARE ABLE TO SUPPLY THE DESIRED ITEM WITH A HIGHER QUALITY
THAN THAT OF THE ITEMS SPECIFIED
OR PROPOSED, YOU ARE REQUESTED TO
BRING THIS FACT TO THE IMMEDIATE
ATTENTION OF THE PURCHASER.’’
[54 FR 28340, July 5, 1989, as amended at 55
FR 27090, June 19, 1990; 62 FR 14035, Mar. 25,
1997]
1852.246–72 Material inspection and
receiving report.
As prescribed in 1846.674, insert the
following clause:
MATERIAL INSPECTION AND RECEIVING REPORT
(APR 2015)
(a) At the time of each delivery to the Government under this contract, the Contractor
shall prepare and furnish a Material Inspection and Receiving Report (DD Form 250 series). The form(s) shall be prepared and distributed as follows:
(Insert number of copies and distribution instructions.) llllllllllllllll
(b) The Contractor shall prepare the DD
Form 250 in accordance with NASA FAR
Supplement 1846.6. The Contractor shall enclose the copies of the DD Form 250 in the
package or seal them in a waterproof envelope, which shall be securely attached to the
exterior of the package in the most protected location.
(c) When more than one package is involved in a shipment, the Contractor shall
list on the DD Form 250, as additional information, the quantity of packages and the
package numbers. The Contractor shall forward the DD Form 250 with the lowest numbered package of the shipment and print the
words ‘‘CONTAINS DD FORM 250’’ on the
package.
(End of clause)
[54 FR 28340, July 5, 1989, as amended at 60
FR 40521, Aug. 9, 1995; 62 FR 14035, Mar. 25,
1997; 68 FR 45169, Aug. 1, 2003; 80 FR 12953,
Mar. 12, 2015; 81 FR 3339, Jan. 21, 2015]
1852.246–73 Human space flight item.
As prescribed in 1846.370, insert the
following clause:
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HUMAN SPACE FLIGHT ITEM (MAR 1997)
The Contractor shall include the following
statement in all subcontracts and purchase
orders placed by it in support of this contract, without exception as to amount or
subcontract level:
‘‘FOR USE IN HUMAN SPACE FLIGHT;
MATERIALS,
MANUFACTURING,
AND
WORKMANSHIP OF HIGHEST QUALITY
STANDARDS ARE ESSENTIAL TO ASTRONAUT SAFETY.
(End of clause)
[62 FR 14035, Mar. 25, 1997, as amended at 81
FR 24501, Apr. 26, 2016]
1852.246–74 Contractor
Counterfeit
Electronic Part Detection and
Avoidance.
As prescribed in 1846.7003, use the following clause:
CONTRACTOR COUNTERFEIT ELECTRONIC PART
DETECTION AND AVOIDANCE. (DATE)
(a) Definitions. As used in this clause—
‘‘Authentic part’’ means a new and unmodified part produced by the original component manufacturer, or a source with the
express written authority of the original
manufacturer or current design activity, including an authorized aftermarket manufacturer.
‘‘Authentication’’ means a process to
verify that a part is not counterfeit or suspect counterfeit.
‘‘Authorized aftermarket manufacturer’’
means an organization that fabricates a part
under a contract with, or with the express
written authority of, the original component
manufacturer based on the original component manufacturer’s designs, formulas, and/
or specifications.
‘‘Authorized supplier’’ means a supplier,
distributor, or an aftermarket manufacturer
with a contractual arrangement with, or the
express written authority of, the original
manufacturer or current design activity to
buy, stock, repackage, sell, or distribute the
part.
‘‘Contract manufacturer’’ means a company that produces goods under contract for
another company under the label or brand
name of that company.
‘‘Contractor-approved supplier’’ means a
supplier that does not have a contractual
agreement with the original component
manufacturer, but has been qualified by the
contractor or subcontractor approved by the
contractor or government as having met prescribed counterfeit electronic part detection
and avoidance system criteria using established counterfeit prevention industry standards and processes.
‘‘Counterfeit electronic part’’ means an unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise
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National Aeronautics and Space Administration
misrepresented to be an authentic, unmodified electronic part from the original manufacturer, or a source with the express written authority of the original manufacturer
or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes
used electronic parts represented as new, or
the false identification of grade, serial number, lot number, date code, or performance
characteristics.
‘‘Electronic part’’ means a discrete electronic component, including a microcircuit,
transistor, capacitor, resistor, or diode, that
is intended for use in a safety or mission
critical application (section 823 (d)(2) of Pub
L. 115–10).
‘‘Original
component
manufacturer’’
means an organization that designs and/or
engineers a part and is entitled to any intellectual property rights to that part.
‘‘Original equipment manufacturer’’ means
a company that manufactures products that
it has designed from purchased components
and sells those products under the company’s
brand name.
‘‘Original manufacturer’’ means the original component manufacturer, the original
equipment manufacturer, or the contract
manufacturer.
‘‘Suspect counterfeit electronic part’’
means an electronic part for which credible
evidence (including, but not limited to, visual inspection or testing) provides reasonable doubt that the electronic part is authentic.
(b) Sources of electronics parts. In accordance with section 823(c)(3), the NASA Transition Authorization Act of 2017 (Pub. L. 115–
10), the covered contractor shall—
(1) Obtain electronic parts that are in production by the original manufacturer or an
authorized aftermarket manufacturer or currently available in stock from—
(i) The original manufacturers of the parts;
(ii) Their authorized dealers; or
(iii) Suppliers who obtain such parts exclusively from the original manufacturers of
the parts or their authorized dealers;
(2) If electronic parts are not in production
or currently available in stock from suppliers as stated in paragraph (b) of this
clause, the covered contractor shall obtain
electronic parts from NASA identified suppliers or contractor-approved suppliers for
which—
(i) The covered contractor assumes responsibility for the authenticity of parts; and
(ii) The covered contractor performs inspection, testing and authentication of
parts; and
(iii) The covered contractor obtains
traceability information for the electronic
parts (e.g., data code, lot code, serial number) and provides this information to the
contracting officer upon request; and
1852.246–74
(iv) The selection of contractor-approved
suppliers is subject to review and audit by
the contracting officer.
(c) Notification. The covered contractor, including subcontractors, shall notify the
NASA contracting officer in writing not
later than 30 calendar days after the date the
covered contractor becomes aware, or has
reason to suspect, that any end item, component, part or material contained in supplies
purchased by NASA, or purchased by a covered contractor or subcontractor for delivery
to, or on behalf of, NASA, contains a counterfeit electronic part or suspect counterfeit
electronic part.
(d) Costs related to counterfeit electronic parts
and suspect counterfeit electronic parts. In accordance with section 823(c)(2)(B), the NASA
Transition Authorization Act of 2017 (Pub. L.
115–10), the costs of counterfeit electronic
parts and suspect counterfeit electronic
parts and the costs of rework or corrective
action that may be required to remedy the
use or inclusion of such parts are unallowable, unless—
(1) The covered contractor has a system to
detect and avoid counterfeit electronic parts
and suspect counterfeit electronic parts that
has been reviewed and approved by NASA or
the Department of Defense pursuant to 48
CFR 244.303; and
(2) The covered contractor, including a
subcontractor, notifies the applicable NASA
contracting officer in writing in accordance
with paragraph (c) of this clause; or
(3) The counterfeit electronic parts or suspect counterfeit electronic parts were provided to the covered contractor as Government property in accordance with part 45 of
the Federal Acquisition Regulation.
(e) Subcontracts. The covered contractor
shall insert this clause, including this paragraph (e), in subcontracts for—
(1) Electronic parts;
(2) End items, components, parts, or assemblies containing electronic parts; or
(3) Services where the covered contractor
will supply electronic parts or components,
parts, or assemblies containing electronic
parts as part of the service, including subcontracts for commercial items that are for
electronic parts or assemblies containing
electronic parts, unless the subcontractor is
the original manufacturer. The covered contractor shall not alter the clause other than
to identify appropriate parties.
(f) Corrective Action. In the event that the
covered contractor supplies a counterfeit
electronic part, suspect counterfeit electronic part or end item, component, or assembly containing a counterfeit electronic
part to NASA, the covered contractor shall
take such corrective actions as the Administrator considers necessary to remedy the use
or inclusion of additional counterfeit electronic parts, suspect counterfeit electronic
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1852.247–71
48 CFR Ch. 18 (10–1–21 Edition)
part or end items, components, or assemblies
containing a counterfeit electronic part.
(End of clause)
1852.247–72 Advance notice of shipment.
As prescribed in 1847.305–70(a), insert
the following clause:
[85 FR 52928, Aug. 28, 2020]
ADVANCE NOTICE OF SHIPMENT (OCT 1988)
1852.247–71 Protection of the Florida
Manatee.
As prescribed in 1847.7001, insert the
following clause:
PROTECTION OF THE FLORIDA MANATEE (JUN
2018)
(a) Pursuant to the Endangered Species
Act of 1973 (Pub. L. 93–205), as amended, and
the Marine Mammal Protection Act of 1972
(Pub. L. 92–522), the Florida Manatee
(Trichechus Manatus) has been designated an
endangered species, and the Indian River Lagoon system within and adjacent to National
Aeronautics and Space Administration’s
(NASA’s) Kennedy Space Center (KSC) has
been designated as a critical habitat of the
Florida Manatee. The KSC Environmental
Management Branch will advise all personnel associated with the project of the potential presence of manatees in the work
area, and the need to avoid collisions and/or
harassment of the manatees. Contractors
shall ensure that all employees, subcontractors, and other individuals associated with
this contract and who are involved in vessel
operations, dockside work, and selected disassembly functions are aware of the civil and
criminal penalties for harming, harassing, or
killing manatees.
(b) All contractor personnel shall be responsible for complying with all applicable
Federal and/or state permits (e.g., Florida
Department of Environmental Protection,
St. Johns River Water Management District,
Fish & Wildlife Service) in performing waterrelated activities within the contract. Where
no Federal and/or state permits are required
for said contract, and the contract scope requires activities within waters at KSC, the
Contractor shall obtain a KSC Manatee Protection Permit from the Environmental
Management Branch. All conditions of Federal, state, and/or KSC regulations and permits for manatee protection shall be binding
to the contract. Notification and coordination of all water related activities at KSC
will be done through the Environmental
Management Branch.
(c) The Contractor shall incorporate the
provisions of this clause in applicable subcontracts.
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(End of clause)
[80 FR 36723, June 26, 2015, as amended at 83
FR 28387, June 19, 2018]
ll [Insert number of work days] work
days
prior
to
shipping
item(s)
lllllllllllll [Insert items to be
shipped], the Contractor shall furnish the anticipated shipment date, bill of lading number (if applicable), and carrier identity to
lllllllllllllll
[Insert individual(s) to receive notification] and to the
Contracting Officer.
(End of clause)
[54 FR 28340, July 5, 1989, as amended at 62
FR 14035, Mar. 25, 1997]
1852.247–73 Bills of Lading.
As prescribed in 1847.305–70(b), insert
a clause substantially as follows:
BILLS OF LADING (JUN 2002)
The purpose of this clause is to define
when a commercial bill of lading or a government bill of lading is to be used when
shipments of deliverable items under this
contract are f.o.b. origin.
(a) Commercial Bills of Lading. All domestic
shipments shall be made via commercial
bills of lading (CBLs). The Contractor shall
prepay domestic transportation charges. The
Government shall reimburse the Contractor
for these charges if they are added to the invoice as a separate line item supported by
the paid freight receipts. If paid receipts in
support of the invoice are not obtainable, a
statement as described below must be completed, signed by an authorized company representative, and attached to the invoice.
‘‘I certify that the shipments identified
below have been made, transportation
charges have been paid by (company name),
and paid freight or comparable receipts are
not obtainable.
Contract
or
Order
Number:
lllllllllll
Destination:
llllllllllllllll’’.
(b) Government Bills of Lading. (1) International (export) and domestic overseas
shipments of items deliverable under this
contract shall be made by Government bills
of lading (GBLs). As used in this clause,
‘‘domestic overseas’’ means non-continental
United States, i.e. Hawaii, Commonwealth of
Puerto Rico, and possessions of the United
States.
(2) At least 15 days before shipment, the
Contractor shall request in writing GBLs
from: lllllllllllllll [Insert
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National Aeronautics and Space Administration
name, title, and mailing address of designated transportation officer or other official delegated responsibility for GBLs]. If
time is limited, requests may be by telephone: llllllllllll [Insert appropriate telephone number]. Requests for GBLs
shall include the following information.
(i) Item identification/ description.
(ii) Origin and destination.
(iii) Individual and total weights.
(iv) Dimensional Weight.
(v) Dimensions and total cubic footage.
(vi) Total number of pieces.
(vii) Total dollar value.
(viii) Other pertinent data.
(End of clause)
Subpart 1852.3—Provision and
Clause Matrix
1852.300
Scope of subpart.
The matrix in this subpart contains a
column for each principal type and/or
purpose of contract. See the first page
of the matrix for the key to column
headings, the dollar threshold chart,
and requirement symbols.
[57 FR 40856, Sept. 8, 1992]
1852.301 Solicitation provisions
contract clauses (Matrix).
PART 1853 [RESERVED]
[67 FR 38908, June 6, 2002]
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1852.301
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and
SUBCHAPTER I—AGENCY SUPPLEMENTARY REGULATIONS
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PARTS 1872–1899 [RESERVED]
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| File Type | application/pdf |
| File Modified | 2022-07-20 |
| File Created | 2022-07-20 |