NASA FAR Supplement

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National Aeronautics and Space Administration

NASA FAR Supplement

This is an interim NFS which incorporates text issued in recent procurement class
deviations (PCDs) which revise the NFS for consistency with the Revolutionary
FAR Overhaul (RFO) deviated text currently posted at Revolutionary FAR
Overhaul | Acquisition.GOV. This document will be updated as additional PCDs
are issued to implement the requirement of the RFO.
The regulatory requirements listed within this version of the NFS will undergo
rulemaking for final implementation and updated in the Code of Federal
Regulations. All other non-regulatory requirements will be included in the NFS
Companion Guide.
Contracting officers are to adhere to procurement class deviations and companion
guide updates, as issued by NASA HQs Office of Procurement.
Last modified on July 10, 2026, through PCD 26-03B.

Office of Procurement

The NFS contains regulatory requirements which are issued as Chapter 18 of Title
48, Code of Federal Regulations.

NASA Federal Acquisition Regulation Supplement
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Procurement Class Deviations (PCDs): Used to deviate from FAR and/or NFS requirements in
cases where the deviation affects more than one contract action and rulemaking is required.
References to the Federal Acquisition Regulations (FAR), NASA Procedural Requirements
(NPR), NASA Policy Directive (NPD) and NFS Companion Guide can be explored through the
following websites:
FAR
NFS Companion Guide (Link TBD)
NASA Online Directives Information System (NODIS)
For questions relating to NFS publications, contact the NASA FAR Supplement Manager,
Erica D. Jones.
For questions pertaining to NASA regulations applicable to Small Business, please contact
the NASA HQs, Office of Procurement, Small Business Point of Contract.
Recommended administrative changes to the NFS, such as corrections to misspelled words,
omitted words or lines, and errors in format or in links to referenced documents shall be
emailed to the NFS Manager -- include the NFS citation and a clear description of the
error.

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SUBCHAPTER A - GENERAL

PART 1801
PART 1803
PART 1804

Table of Contents
Federal Acquisition Regulations System.
Improper Business Practices and Personal Conflicts of Interest.
Reserved.

SUBCHAPTER B - COMPETITION AND ACQUISITION
PLANNING
PART 1805
PART 1806
PART 1807
PART 1808
PART 1809
PART 1810
PART 1811
PART 1812

Publicizing Contract Actions.
Reserved.
Acquisition Planning.
Required Sources of Supplies and Services.
Contractor Qualifications.
Reserved.
Describing Agency Needs.
Acquisition of Commercial Products and Commercial Services.

SUBCHAPTER C - CONTRACTING METHODS AND
CONTRACT TYPES
PART 1813
PART 1814
PART 1815
PART 1816
PART 1817
PART 1818

Reserved.
Sealed Bidding.
Contracting by Negotiation.
Types of Contracts.
Special Contracting Methods.
Reserved.

SUBCHAPTER D - SOCIOECONOMIC PROGRAMS
PART 1819
PART 1822
PART 1823
PART 1824
PART 1825
PART 1826

Small Business Programs.
Application of Labor Laws to Government Acquisitions.
Reserved.
Protection of Privacy and Freedom of Information.
Foreign Acquisition.
Other Socioeconomic Programs.

SUBCHAPTER E - GENERAL CONTRACTING
REQUIREMENTS
PART 1827
PART 1828
PART 1829
PART 1830

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Patents, Data, and Copyrights.
Bonds and Insurance.
Reserved.
Cost Accounting Standards.

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PART 1831
Contract Cost Principles and Procedures.
PART 1832
Contract Financing.
PART 1833
Protests, Disputes, and Appeals.

SUBCHAPTER F - SPECIAL CATEGORIES OF
CONTRACTING
PART 1834
PART 1835
PART 1836
PART 1837
PART 1839
PART 1840
PART 1841

Major System Acquisition.
Research and Development Contracting.
Construction and Architect-Engineer Contracts.
Service Contracting.
Reserved.
Information Security and Supply Chain Security
Reserved.

SUBCHAPTER G - CONTRACT MANAGEMENT
PART 1842
PART 1843
PART 1844
PART 1845
PART 1846
PART 1847
PART 1849
PART 1850
PART 1851

Contract Administration and Audit Services.
Contract Modifications.
Reserved.
Government Property.
Quality Assurance.
Transportation.
Reserved.
Extraordinary Contractual Actions.
Reserved.

SUBCHAPTER H - CLAUSES AND FORMS
PART 1852

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Solicitation Provisions and Contract Clauses.

PART 1801
FEDERAL ACQUISITION REGULATIONS SYSTEM
Revisions from PCD 25-03A
TABLE OF CONTENTS
SUBPART

1801.1

1801.103
1801.104
1801.105
SUBPART

PURPOSE, AUTHORITY, ISSUANCE
Authority.
Publication and code arrangement.
OMB approval under the Paperwork Reduction Act.

1801.4

1801.402
1801.404

2026 EDITION

CAREER DEVELOPMENT, CONTRACTING
AUTHORITY, AND RESPONSIBILITIES
Contracting Officer Responsibilities.
Contracting Officer’s Representative (COR).

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Part 1801 - Federal Acquisition Regulations System
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PART 1801
FEDERAL ACQUISITION REGULATIONS SYSTEM
Subpart 1801.1—Purpose, Authority, Issuance
1801.103 Authority.
(b) 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 (Pub. L. 11-314; 51 U.S.C. 20113
et seq.).
(ii) 10 U.S.C. chapter 137.
(iii) Other statutory authority.
(iv) FAR subpart 1.2.
1801.104 Publication and code arrangement.
(a) The NFS applies to all acquisitions as defined in FAR part 2 except those expressly
excluded by the FAR or this regulation.
(ii) NFS regulations that require public comment are issued as Chapter 18 of Title 48,
CFR.
(iii) The official NASA-maintained version of the NFS is available at:
(http://www.hq.nasa.gov/office/procurement/regs/NFS.pdf).
(b) Numbering of the NFS text implementing the FAR will coincide with the numbering
scheme described in the FAR.
1801.105 OMB approval under the Paperwork Reduction Act.
The listing of OMB NFS approved collections under the PRA are located at:
https://www.hq.nasa.gov/office/procurement/regs/nfsomb.pdf
Subpart 1801.4 -Career Development, Contracting Authority, and Responsibilities
1801.402 Contracting Officer Responsibilities
Contracting officers (CO) must adhere to the statutory requirements in the FAR and NFS. COs
must also adhere to internal guidance provided in the NFS Companion Guide and other
applicable Agency regulations.
1801.404 Contracting Officer’s Representatives
Contracting officers must follow the procedures in the NFS Companion Guide regarding
designation, assignment, and responsibilities of a contracting officer’s representative.

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NASA Federal Acquisition Regulation Supplement
Part 1803 – Improper Business Practices and Personal Conflicts of Interest
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PART 1803
IMPROPER BUSINESS PRACTICES
AND PERSONAL CONFLICTS OF INTEREST
Revisions from PCD 25-34
TABLE OF CONTENTS
SUBPART
1803.104
1803.104-1

1803.1

SAFEGUARDS
Procurement integrity.
Definitions.

SUBPART

1803.9

CONTRACTOR EMPLOYEE WHISTLEBLOWER
PROTECTIONS
Scope of subpart.
Definition.
Policy.
Procedures for filing complaints.
Procedures for investigating complaints.
Remedies.
Classified information.
Contract clause.

1803.70

INSPECTOR GENERAL HOTLINE POSTERS
Policy.
Contract clause.

1803.900
1803.901
1803.903
1803.904
1803.905
1803.906
1803.907
1803.970
SUBPART
1803.7000
1803.7001

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Part 1803 – Improper Business Practices and Personal Conflicts of Interest
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PART 1803
IMPROPER BUSINESS PRACTICES
AND PERSONAL CONFLICTS OF INTEREST
Subpart 1803.1—Safeguards
1803.104 Procurement integrity.
1803.104-1 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.
Subpart 1803.9—Contractor Employee Whistleblower Protections
1803.900 Scope of subpart.
This subpart applies to NASA instead of FAR subpart 3.9.
(a) This subpart implements 10 U.S.C. 4701 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. 4701 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
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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). 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 must 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 must 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 must be signed and must contain—
(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
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Part 1803 – Improper Business Practices and Personal Conflicts of Interest
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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) 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) must 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.
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 must determine whether sufficient basis exists to
conclude that the contractor has subjected the complainant to a reprisal as prohibited by
1803.903 and must either issue an order denying relief or must 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.
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(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 must 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. 4701 in the
appropriate district court of the United States, which must have jurisdiction over such an action
without regard to the amount in controversy. Such an action must, 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. 4701, the head of the Agency or designee must 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. 4701 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 must conform to chapter 7 of title 5, United States Code. Filing
such an appeal must 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 by any
agreement, policy, form, or condition of employment.
1803.907 Classified information.
Nothing in this subpart provides any rights to disclose classified information not otherwise
provided by law.
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.
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Subpart 1803.70—Inspector General 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.

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NASA Federal Acquisition Regulation Supplement
Part 1804 – Administrative Matters
_____________________________________________________________________________

PART 1804
ADMINISTRATIVE MATTERS
PCD 25-21
TABLE OF CONTENTS
RESERVED

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NASA Federal Acquisition Regulation Supplement
Part 1805 – Publicizing Contract Actions
_____________________________________________________________________________

PART 1805
PUBLICIZING CONTRACT ACTIONS
Revisions from PCD 25-16A
TABLE OF CONTENTS
RESERVED

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NASA Federal Acquisition Regulation Supplement
Part 1806 – Competition Requirements
_____________________________________________________________________________

PART 1806
COMPETITION REQUIREMENTS
PCD 25-10
TABLE OF CONTENTS
RESERVED

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NASA Federal Acquisition Regulation Supplement
Part 1807 – Acquisition Planning
_____________________________________________________________________________
PART 1807
ACQUISITION PLANNING
Revisions from PCD 25-31
TABLE OF CONTENTS
SUBPART
1807.7000

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1807.70

ACQUISITION FORECASTING
Policy.

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Part 1807 – Acquisition Planning
_____________________________________________________________________________

PART 1807
ACQUISITION PLANNING
Subpart 1807.70—Acquisition Forecasting
1807.7000 Policy.
(a) NASA policy is to comply with Section 8(a)(12)(C) of the Small Business Act, 15
U.S.C 637(a)(12)(C).
(b) The acquisition forecast is available at
http://www.hq.nasa.gov/office/procurement/forecast/index.html.

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NASA Federal Acquisition Regulation Supplement
Part 1808 – Required Sources of Supplies and Services
_____________________________________________________________________________
PART 1808
REQUIRED SOURCES OF SUPPLIES AND SERVICES
Revisions from PCD 25-18A
TABLE OF CONTENTS
SUBPART
1808.105
1808.170

1808.1

PRESOLICITATION
Contractor use of Government supply sources.
NASA contract clause.

SUBPART

1808.5

ACQUISITIONS OF GOVERNMENT PRINTING AND
RELATED SUPPLIES
Contract clause.

1808.570

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Part 1808 – Required Sources of Supplies and Services
_____________________________________________________________________________
PART 1808
REQUIRED SOURCES OF SUPPLIES AND SERVICES
Subpart 1808.1—Presolicitation
1808.105 Contractor use of Government supply sources.
1808.105-3 Contractor use of GSA Fleet.
(c) When the clause at FAR 52.208-11 is included in a solicitation or contract, the contracting
officer must include the clause set forth at 1852.208-82, Federal Automotive Statistical Tool
Reporting.
1808.170 NASA contract clause.
(a) Insert NFS 1852.208-82, Federal Automotive Statistical Tool Reporting, in solicitations
and contracts requiring contractor operation of Government-owned or leased motor vehicles,
including, but not limited to, GSA Fleet vehicles and related services authorized in accordance
with FAR 8.105-3.
Subpart 1808.5—Acquisitions of Government printing and related supplies
1808.570 Contract clause.
The contracting officer must 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.

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NASA Federal Acquisition Regulation Supplement
Part 1809 – Contractor Qualifications
_____________________________________________________________________________
PART 1809
CONTRACTOR QUALIFICATIONS
Revisions from PCD 25-24
TABLE OF CONTENTS
SUBPART
1809.104-4
1809.105-2

1809.1

RESPONSIBLE PROSPECTIVE CONTRACTORS
Subcontract responsibility.
Determinations and documentation.

SUBPART
1809.403

1809.4

DEBARMENT, SUSPENSION, AND INELIGIBILITY
Definitions.

SUBPART

1809.5

ORGANIZATIONAL AND CONSULTANT CONFLICT
OF INTEREST
Obtaining access to sensitive information.

1809.505-4

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Part 1809 – Contractor Qualifications
_____________________________________________________________________________
PART 1809
CONTRACTOR QUALIFICATIONS
Subpart 1809.1—Responsible Prospective Contractors
1809.104-4 Subcontractor responsibility.
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 must request from the CCC and any other sources
whatever information is necessary to make the responsibility determination. Upon request, CCC
must be furnished the rationale for any subsequent determination of nonresponsibility.
1809.105-2 Determinations and documentation.
(a) The contracting officer must 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.
(b) Contracting officers must use the agency-wide Determination of Contract
Responsibility/Nonresponsibility template to document the contracting officer’s determination of
nonresponsibility and include in the contract file.
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 “suspending official,” and the agency head's “designee.”
Subpart 1809.5—Organizational and Consultant Conflicts of Interest
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 information (see
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Part 1809 – Contractor Qualifications
_____________________________________________________________________________
1837.801) 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.
1809.507 Solicitation provisions and contract clause.
1809.507-2 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.

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NASA Federal Acquisition Regulation Supplement
Part 1810 – Market Research
_____________________________________________________________________________
PART 1810
MARKET RESEARCH
PCD 25-04
TABLE OF CONTENTS
RESERVED

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NASA Federal Acquisition Regulation Supplement
Part 1811—Describing Agency Needs

PART 1811
DESCRIBING AGENCY NEEDS
Revisions from PCD 25-09
TABLE OF CONTENTS
SUBPART
1811.500

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1811.5

PRIORITIES AND ALLOCATIONS
Scope of subpart.

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Part 1811—Describing Agency Needs

PART 1811
DESCRIBING AGENCY NEEDS

Subpart 1811.5—Priorities and Allocations
1811.500 Scope of subpart.
The Defense Priorities and Allocations System (15 CFR Part 700) may be viewed at
https://www.bis.doc.gov/index.php/other-areas/strategic-industries-and-economic-securitysies/defense-priorities-a-allocations-system-program-dpas.

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NASA Federal Acquisition Regulation Supplement
Part 1812—Acquisition of Commercial Products and Commercial Services

PART 1812
ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
Revisions from PCD 25-23A
TABLE OF CONTENTS
SUBPART
1812.201-2
1812.205-70

1812.2

SOLICITATION, EVALUATION, AND AWARD.
Other procedures.
Solicitation provisions and contract clauses for the acquisition of
commercial products and commercial services.

SUBPART
1812.7000

1812.70

COMMERCIAL SPACE HARDWARE OR SERVICES.
Anchor tenancy contracts.

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NASA Federal Acquisition Regulation Supplement
Part 1812—Acquisition of Commercial Products and Commercial Services

PART 1812
ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
Subpart 1812.2—Solicitation, Evaluation, and Award
1812.201-2 Other procedures.
(a) Simplified acquisition procedures may be used for acquisitions considered commercial products
or services under 41 U.S.C. 1903(a)(2) and (c), when used to support defense or recovery efforts
related to a cyber, nuclear, biological, chemical, or radiological attack on the United States, not
exceeding $15 million.
(b) Paragraph 1812.201-2(a) is applicable to purchases under NASA Blanket Purchase
Agreements.
1812.205-70 Solicitation provisions and contract clauses for the acquisition of commercial
products and commercial services.
The following clauses are authorized for use in acquisitions of commercial products and
commercial services when required by the clause prescription:
(A)
1852.240-75, Security Classification Requirements.
(B)
1852.240-76, 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)
1852.226-71, Safety and Health Measures and Mishap Reporting.
(I)
1852.239-70, Frequency Authorization.
(J)
1852.226-74, Safety and Health (Short Form).
(K)
1852.226-72, Safety and Health Plan.
(L)
1852.226-73, 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
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Part 1812—Acquisition of Commercial Products and Commercial Services

(U)

1852.247.71, Protection of the Florida Manatee.

Subpart 1812.70—Commercial Space Hardware or Services
1812.7000 Anchor tenancy contracts.
(a) 51 U.S.C. Section 50503 authorizes the Administrators of NASA and NOAA to enter into
multi-year anchor tenancy contracts with termination liability. 51 U.S.C. Section 30301
establishes requirements for the use of appropriations for anchor tenancy contracts.
(b) 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.
(c) 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 multi-year anchor tenancy contract only if the 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 non-reimbursable Government support; and
(vi) Private capital is at risk in the venture.
(d) Contracts entered into under such authority may provide for the payment of
termination liability in the event that the Government terminates such contract for convenience.
(1) Contracts that provide for this payment of termination liability must include a
fixed schedule of such termination liability payments. Liability under such contracts must 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 must remain available to cover
any remaining termination liability.
(e) Limitations:

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duration.
price basis.

(1) Contracts entered into under such authority must not exceed 10 years in
(2) Such contracts must provide for delivery of the good or service on a firm, fixed

(3) To the extent practicable, reasonable performance specifications must be used
to define technical requirements in such contracts.
(4) In any such contract, the Administrator must reserve the right to completely or
partially terminate the contract without payment of such termination liability because of the
contractor’s actual or anticipated failure to perform its contractual obligations.

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Part 1813—Simplified Procedures for Noncommercial Acquisitions

PART 1813
SIMPLIFIED PROCEDURES FOR NONCOMMERCIAL ACQUISITIONS
PCD 25-38
TABLE OF CONTENTS
RESERVED

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Part 1814—Sealed Bidding

PART 1814
SEALED BIDDING
Revisions from PCD 25-39
TABLE OF CONTENTS
SUBPART 1814.2
1814.207
1814.206-70

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PRESOLICITATION
Solicitation Provisions.
NASA solicitation provisions.

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Part 1814—Sealed Bidding
PART 1814
SEALED BIDDING
Subpart 1814.2—Presolicitation
1814.207 Solicitation provisions.
1814.207-70 NASA solicitation provisions.
(a) The contracting officer must 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 must insert the provision at 1852.214-71, Award Grouping, in
invitations for bids, except for construction, when it is in the Government's best interest not to
make award for less than either:
(1) the full quantities solicited. If this applies, fill in the blank in paragraph (a) with, “Not
Applicable”; or
(2) Specified quantities solicited for certain items or groupings of certain items. If this
applies, fill in the blank in paragraph (a) with the item numbers and/or descriptions applicable for
the particular procurement.
(c) If a pre-bid conference is planned, the contracting officer must insert the provision at
1852.215-77, Preproposal/Pre-bid Conference. See NFS 1815.

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Part 1815—Contracting By Negotiation
PART 1815
CONTRACTING BY NEGOTIATION
Revisions from PCD 25-49
TABLE OF CONTENTS
SUBPART
1815.105
1815.105-5
1815.107

1815.1

PRESOLICITATION AND SOLICITATION
Other Considerations
Make-or-buy decision.
Submission, modification, revision, and withdrawal of
proposals.
Receiving proposals.
Release of proposal information.
Identification of unacceptable proposals.
Appointing non-Government evaluators as special
Government employees.
Solicitation provisions and contract clauses.
NASA solicitation provisions.

1815.2

EVALUATION AND AWARD
Source selection responsibilities.
Competitive award with negotiation.
Establishing a competitive range.

1815.108
1815.108-70
1815.108-71
1815.108-72
1815.110
1815.110-70
SUBPART
1815.201
1815.204
1815.204-1

SUBPART 1815.4
1815.403
1815.403-2
1815.403-270
1815.404
1815.404-9
1815.404-970

CONTRACT PRICING
Obtaining certified cost or pricing data.
Prohibition on obtaining cost or pricing data.
Waivers of certified cost or pricing data.
Cost and/or price analysis.
Profit.
Payment of profit or fee under letter contracts.

SUBPART 1815.5
1815.500
1815.502
15.503
1815.503-3
1815.503-370
1815.504
1815.505
1815.505-70
1815.570

UNSOLICITED PROPOSALS
Scope of subpart.
General.
Preparing unsolicited proposals.
Restricting use and disclosure of data.
Limited use of proposals.
Receipt and initial review of unsolicited proposals.
Evaluation of unsolicited proposals.
Relationship of unsolicited proposals to NRAs.
Foreign proposals.

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Part 1815—Contracting By Negotiation
PART 1815
CONTRACTING BY NEGOTIATION
Subpart 1815.1—Presolicitation and Solicitation
1815.105 Other considerations.
1815.105-5 Make-or-buy decision.
(d)(1)(iii) The information required from an offeror about a make-or-buy program must
not include items or work efforts with a cost of less than $500,000.
1815. 107 Submission, modification, revision, and withdrawal of proposals.
(b) Late submission. 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 must 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 must
determine whether to consider the late submission.
1815.108 Receiving proposals.
1815.108-70 Release of proposal information.
(a) NASA personnel participating in any way in the evaluation may not reveal any
information concerning the evaluation to anyone not also participating, and then only to the
extent that the information is required in connection with the evaluation. When non-NASA
personnel participate, they must be instructed to observe these restrictions.
(b) 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 37.4. A determination of unavailability of Government
personnel required by FAR 37.4 is not required for disclosure of proposal information to NASA
Jet Propulsion Laboratory (JPL) employees. (See NFS 1815.503-3 for limited use of AO, NRA,
unsolicited, SBIR, and STTR proposals.)
(c) If JPL personnel, in evaluating proposal information released to them by NASA,
require assistance from non-JPL, non-Government evaluators, JPL must obtain written approval
to release the information in accordance with paragraphs (b) of this section.

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1815.108-71 Identification of unacceptable proposals.
(a) The contracting officer must 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
(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.
1815.108-72 Appointing non-Government evaluators as special Government employees.
(a) Non-Government evaluators must be appointed as special Government employees
except when the employee is:
(1) a JPL employee;
(2) Evaluating proposals submitted in response to broad agency announcements
(i.e., Announcements of Opportunity and NASA Research Announcements);
(2) evaluating unsolicited proposals; or
(3) evaluating SBIR and STTR proposals.
(b) Appointment as a special Government employee is a separate action from the
approval required by paragraph 1815.108-70(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.
1815.110 Solicitation provisions and contract clauses.
(a) Insert the provision at FAR 52.215-1, Instructions to Offerors-Competitive
Acquisition, in all competitive negotiated solicitations.
1815.110-70 NASA solicitation provisions.
(a) 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
preproposal or pre-bid conference. Insert the appropriate specific information relating to the
conference.

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(b) Insert the provision at 1852.215-78, Make-or-Buy Program Requirements, in
solicitations requiring make-or-buy programs as provided in FAR 15.407-2(c). This provision
must be used in conjunction with the clause at FAR 52.215-9, Changes or Additions to Make-orBuy Program. The contracting officer may add additional paragraphs identifying any other
information required to evaluate the program.
(c) The contracting officer must 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.
(d) Insert the provision at 1852.215-81, Proposal Page Limitations, in all competitive
requests for proposals.
(e) Insert a clause substantially the same as the one at 1852.215-84, Ombudsman, in all
solicitations (including draft solicitations) and contracts.
(f) 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
facilitate submission of a thorough, accurate, and complete proposal.
Subpart 1815.2—Evaluation and Award
1815.201 Source selection responsibilities.
(d)(1) The contracting officer must never 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.
1815.204 Competitive award with negotiation.
1815.204-1 Establishing a competitive range.
(b) Narrowing the competitive range for efficiency. A total of no more than three
proposals must be a working goal in establishing the competitive range. NASA Centers may
establish procedures for approval of competitive range determinations commensurate with the
complexity or dollar value of an acquisition.
Subpart 1815.4—Contract Pricing
1815.403 Obtaining certified cost or pricing data.
1815.403-2 Prohibition on obtaining certified cost or pricing data.
1815.403-270 Waivers of certified cost or pricing data.

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(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 must
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 will provide for follow-up audit activity to ensure that any excess
profits are found and refunded to NASA.
(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 must ensure that the appropriate level of data other than certified
cost or pricing data is submitted to determine price reasonableness and cost realism.
815.404 Cost and/or price analysis.
1815.404-9 Profit.
1815.404-970 Payment of profit or fee under letter contracts.
NASA's policy is to pay profit or fee only on definitized contracts.
Subpart 1815.5—Unsolicited Proposals
1815.500 Scope of subpart.
This subpart does not apply to renewal proposals. 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.
1815.502 General.
(d)(6) Procedures for submission and evaluation of unsolicited proposals are included in
NASA’s “Guidebook for Proposers for the Preparation and Submission of Unsolicited
Proposals" available at https://www.nasa.gov/wp-content/uploads/2023/10/nasa-unsolicitedguide-march-2022.pdf?emrc=83a6e6 . A deviation is required for use of any modified or
summarized version of the guidebook information or for alternate means of general
dissemination of unsolicited proposal information.
1815.503-3 Restricting use and disclosure of data.
1815.503-370 Limited use of proposals.
(a) 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
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unavailability of Government personnel required by FAR 37.4 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.
(b) If JPL personnel, in evaluating proposal information released to them by NASA, require
assistance from non-JPL, non-Government evaluators, JPL must obtain written approval to
release the information in accordance with paragraphs (a) of this section.
1815.504 Receipt and initial review of unsolicited proposals.
(a) NASA will not accept unsolicited proposals initially submitted to another agency or
to the Jet Propulsion Laboratory (JPL) for formal evaluation without the offeror's express
consent.
1815.505-70 Relationship of unsolicited proposals to NRAs.
An unsolicited proposal for a new effort or a renewal, identified by an evaluating office as being
within the scope of an open NRA, must be evaluated as a response to that NRA (see NFS part
1835), 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.
1815.570 Foreign proposals.
Unsolicited proposals from foreign sources are subject to NPD 1360.2, Initiation and
Development of International Cooperation in Space and Aeronautics Programs.

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Part 1816—Types of Contracts
PART 1816
TYPES OF CONTRACTS
Revisions from PCD 25-53B
TABLE OF CONTENTS
1816.001-70

NASA Definitions.

SUBPART
1816.202
1816.202-70

1816.2

FIXED-PRICE CONTRACTS
Firm-fixed-price contracts.
NASA contract clause.

SUBPART
1816.303-70
1816.305
1816.305-70

1816.3

COST-REIMBURSEMENT CONTRACTS
Cost-sharing contracts.
Contract clauses.
NASA contract clauses.

SUBPART 1816.4
1816.402
1816.402-3
1816.402-4
1816.402-470
1816.402-471
1816.402-472
1816.402-473
1816.402-474
1816.402-475
1816.402-476
1816.402-477
1816.406
1816.406-70

INCENTIVE CONTRACTS
Award-Fee.
Fixed-price contracts with award fees.
Cost-plus-award-fee (CPAF) contracts.
CPAF contracts.
Base fee.
Award fee evaluation periods.
Award fee evaluations.
Award fee evaluation factors.
Award fee evaluation rating.
Award fee payments and limitations.
Award term.
Contract clauses.
NASA contract clauses.

SUBPART
1816.506-70

INDEFINITE-DELIVERY CONTRACTS
NASA contract clause.

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Part 1816— Types of Contracts
PART 1816
TYPES OF CONTRACTS
1816.001-70 NASA 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 Award Term 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.
Subpart 1816.2—Fixed-Price Contracts
1816.202 Firm-fixed-price contracts.
1816.202-70 NASA contract clause.
The contracting officer must insert the clause at 1852.216-78, Firm-Fixed-Price, in firm-fixedprice solicitations and contracts. Insert the appropriate amount in the resulting contract.
Subpart 1816.3—Cost-Reimbursement 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 cost-sharing 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 results 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 cost-sharing, the contracting officer must 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

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(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 should limit the institution's share to no more than 10
percent of the project's cost.
(c) Implementation.
Cost-sharing must 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.
1816.305 Contract clauses.
(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 52.215-2, Audit and Records–Negotiation.
1816.305-70 NASA contract clauses.
(a) The contracting officer must 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 1816.30370.
(b) The contracting officer must insert the clause substantially the same as 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 must 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 16.305(a), the contracting officer should include the clause at 1852.216-89,
Assignment and Release Forms.

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(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.
Subpart 1816.4—Incentive Contracts
1816.402

Award-Fee.

1816.402-3 Fixed-price contracts with award fees.
Section 1816.402-3 applies to the use of fixed-price contracts with award fees (FPAF) as if they
were CPAF contracts. However, neither base fee (see 1816.402-471) nor evaluation of cost
control (see 1816.402-474) applies to FPAF contracts.
1816.402-4 Cost-plus-award-fee (CPAF) contracts.
1816.402-470 CPAF contracts.
(a) In addition to the items identified in FAR 16.402-1, the determination and findings
must include a discussion of the other types of contracts considered and 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.
(b) Except as provided in paragraph (c) 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 must not be used with a cost-plus-fixed-fee (CPFF) contract.
1816.402-471 Base fee.
(a) A base fee must not be used on CPAF contracts for which the periodic award fee
evaluations are final (1816.402-473(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
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software development, the procurement officer may authorize the use of a base fee not to exceed
3 percent. Base fee must 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 must be paid only if the
final award fee evaluation is "satisfactory" or better. (See 1816.402-473 and 1816.402-475)
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 must be refunded to the Government.
1816.402-472 Award fee evaluation periods.
(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 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. An evaluation period must never be longer than 12 months.
(b) A portion of the total available award fee contract must 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 must consider the nature of each contract and the incentive
effects of fee distribution in determining the appropriate allocation structure.
1816.402-473 Award fee evaluations.
(a) Service Contracts. For 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 must not be carried forward, or "rolled-over,"
into subsequent periods.
(b) End Item Contracts. For 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 1816.402-476(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
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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-Determining Official) must 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 42.1103
regarding the requirements for releasing Source Selection Information included in the Contractor
Performance Assessment Reporting System (CPARS).
1816.402-474 Award fee evaluation factors.
(a) Explicit evaluation factors must be established for each award fee period. Factors
must be linked to acquisition objectives which must 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 must be included as evaluation factors in all CPAF contracts, as applicable. When
explicit evaluation factor weightings are used, cost control must 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 must be documented in the contract file. When
safety, export control, or security are considered under the technical factor, the award fee plan
must 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 1816.402-473(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 1816.402-473(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
must 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.
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(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 “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 must 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 must take such
situations into consideration when evaluating contractor cost control.
(e) Emphasis on cost control should be balanced against other performance requirement
objectives and must not be directly tied to earned value metrics such as the cost performance
index (CPI), schedule performance index (SPI), cost variance (CV), or schedule variance (SV).
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 must 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 must consider the reasons for the overrun and
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 16.402(c)(4)).
(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 must
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
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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 must 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, women-owned small business, veteran-owned small business, service-disabled veteranowned 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-Protégé 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 (g)(2) of this section must be 10 percent of available
award fee and must 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 must 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 must notify the contractor in writing of any such changes 30 days prior to
the start of the relevant evaluation period.
1816.402-475 Award fee evaluation rating.
(a) All award fee contracts must use 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 Table 16-1 in FAR 16.402-2. 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 must be used in conjunction with the FAR
adjectival rating categories and associated descriptions (see FAR 16.402(c)(4), Table 16-1).
(1) Excellent (100-91)
(2) Very good (90-76)
(3) Good (75-51)
(4) Satisfactory (50)
(5) Unsatisfactory (less than 50) No award fee must be paid for an unsatisfactory
rating.

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(c) As a benchmark for an evaluation 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, 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 FAR 16.402(c)(4) Table 16-1, and 1816.402475(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 x 60 percent).
The weighted scores for each evaluation factor are then added to determine the total award fee
score.
1816.402-476 Award fee payments and limitations.
(a) Interim Award Fee Payments. The amount of an interim award fee payment (see
1816.402-473(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-by-case 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-Determining 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, due the contractor will be paid no later than 60
calendar days after the end of the period being evaluated.
1816.402-477 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 37.001) 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.

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(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 17.204-1(b)(3)(iv)
states the contracting officer must determine that the contractor's performance has been
acceptable, e.g., received satisfactory or better performance 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 1816.402-477(i)). In contracts with both option
periods and award terms, the award term period of performance or ordering period must begin
after completion of any option period of performance or ordering period.
(e) Contracts with award terms must 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 must comply with FAR and NFS restrictions on the
overall contract length.
(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 to be valid.
(i) All contracts including award terms must be supported by an Award Term Plan that
establishes criteria for earning an award term and the methodology and schedule for evaluating
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contractor performance. A copy of the Award Term Plan must be included in the contract. The
contracting officer may unilaterally revise the Award Term Plan. Award Term Plans must—
(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 1816.402-474 in establishing award term
evaluation factors and 1816.402-475 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 must 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;
(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 must not be considered either a termination for
convenience or termination for default and must 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.
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1816.406 Contract clauses.
1816.406-70 NASA contract clauses.
(a) As authorized by FAR 16.406(d), 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(d), 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 must 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).
(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) Insert the clause at 1852.216-84, Estimated Cost and Incentive Fee, in cost-plusincentive-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, 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.
Subpart 1816.5—Indefinite-Delivery Contracts
1816.505-70 NASA contract clause.
Insert the clause at 1852.216-80, Task Ordering Procedure, in all solicitations and contracts when
an indefinite-delivery, task order contract is contemplated except when the solicitation or
contract is awarded under a Federally Funded Research and Development Center (FFRDC). The
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clause is applicable to both fixed-price and cost-reimbursement type contracts. The contracting
officer must use the clause with its(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.

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Part 1817—Special Contracting Methods
PART 1817
SPECIAL CONTRACTING METHODS
Revisions from PCD 25-35
SUBPART
1817.7000
1817.7002

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PHASED ACQUISITION
Definitions.
Contract clauses.

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PART 1817
SPECIAL CONTRACTING METHODS
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. 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 downselections are accomplished without issuance of a new, formal solicitation.
1817.7002 Contract clauses.
(a) The contracting officer must insert the clause at 1852.217-71, Phased Acquisition Using
Down-Selection Procedures, in solicitations and contracts for phased acquisitions using downselection procedures other than the progressive competition technique. The clause may be
modified as appropriate if the acquisition has more than two phases. The clause must be
included in the solicitation for each phase and in all contracts except that for the final phase.
(b) The contracting officer must 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 must be included in the
initial phase solicitation and all contracts except that for the final phase.

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Part 1818—Emergency Acquisitions

PART 1818
EMERGENCY ACQUISITIONS
PCD 25-08
TABLE OF CONTENTS
RESERVED

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Part 1819—Small Business
PART 1819
SMALL BUSINESS
Revisions from PCD 25-48A
TABLE OF CONTENTS
1819.001

Definitions.

SUBPART
1819.101

1819.1

PRESOLICITATION
Small business goals.

SUBPART

1819.108

1819.108-70

CONTRACTING WITH THE SMALL BUSINESS
ADMINISTRATION (THE 8(a) PROGRAM)
NASA contract clauses.

SUBPART 1819.109
1819.109-70

SMALL BUSINESS SUBCONTRACTING PLANS
NASA contract clauses.

SUBPART
1819.7201
1819.7202
1819.7203
1819.7204

1819.72

NASA MENTOR-PROTÉGÉ PROGRAM
Scope of subpart.
Eligibility.
Credit Agreement.
NASA contract clauses.

SUBPART

1819.73

SMALL BUSINESS INNOVATION RESEARCH (SBIR)
AND SMALL BUSINESS TECHNOLOGY TRANSFER
(STTR) PROGRAMS
Scope of subpart.
NASA contract clauses.

1819.7301
1819.7302

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Part 1819—Small Business
PART 1819
SMALL BUSINESS
1819.001 Definitions.
“High-Tech” as used in this part means research and/or development efforts that are within or
advance the state-of-the-art in a technology discipline and are performed primarily by
professional engineers, scientists, and highly skilled and trained technicians or specialists.
Subpart 1819.1—Presolicitation
1819.101 Small business goals.
(a)(i) NASA is committed to providing to small, veteran-owned small business, service-disabled
veteran-owned 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, representatives from the Office of Small Business Programs, Office of
Procurement, and Program Offices will collaborate to reduce barriers to entry and to increase
opportunities for small business concerns, identified in paragraph (a)(i) of this section, and
Historically Black Colleges and Universities or Minority Institutions.
Subpart 1819.108—Contracting with the Small Business Administration
(The 8(a) Program)
1819.108-70 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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(c) 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 19.108 – 10 (a).
(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 19.107-8.
(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 19.108-4(b).
(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 19.108-10(d)).
1819.109 - 9 Small business subcontracting plans.
1819.109-70 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.
Subpart 1819.72—NASA Small Business Supplier Development Program
1819.7201 Scope of subpart.
(a) This subpart implements the NASA Small Business Supplier Development Program (the
Program) as authorized by the U.S. Small Business Administration in accordance with 13 CFR
125.10. The purpose of the Program is to provide incentives to NASA prime contractors
(mentors) to assist small businesses and other protégés to enhance their capabilities and increase
their participation in NASA, other Government, and in commercial contracts and subcontracts.
(b) Under the Program, mentor-protégé agreements (MPA) approved by the Contracting officer
and the NASA Office of Small Business Programs (OSBP) specify the assistance to be provided
by the mentor, agreement milestones and reporting requirements for the mentor and protégé.
(c) Incentives for mentor participation in the Program include credit towards small business
subcontracting plan goals for costs incurred and, when applicable, award fee considerations in
accordance with NFS 1816.402-474.
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1819.7202 Eligibility.
(a) Mentors must be a large business prime contractor or research institution performing a
NASA prime contract with an individual small business subcontracting plan.
(b) Protégés must be eligible for award of Federal contracts and must be—
(1) A small business concern;
(2) A Historically Black College or University, as defined in FAR 52.226-2;
(3) A Minority-serving institution, as defined in 47 U.S.C. 1306(a)(10); or
(4) An entity participating in the AbilityOne Program.
1819.7203 Credit Agreement.
Costs incurred by the mentor under a MPA are applied on a one-to-one basis toward applicable
subcontracting goals under a NASA individual small business subcontracting plan. The cost of
the developmental assistance a mentor provides to a protégé pursuant to an approved MPA may
be credited as if the costs were incurred in a subcontract awarded to that protégé.
1819.7204 NASA contract clauses.
(a) The contracting officer must insert the clause at 1852.219-77, NASA Small Business
Supplier Development Program, in any contract that includes the clause at FAR 52.219-9, Small
Business Subcontracting Plan.
(b) The contracting officer must insert the clause at 1852.219-79, Mentor Requirements and
Evaluation, in contracts where the prime contractor is a participant in the NASA Small Business
Supplier Development 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, and the Small Business Innovation Development Act of
1982 (Pub. L. 97-219), codified with amendments at 15 USC 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
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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.
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 Pub. L. 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 Pub. L. 97-219 (the 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 Pub. L. 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 Pub. L. 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 Pub. L. 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 contracts awarded under the Small
Business Technology Transfer (STTR) Program and the Small Business Innovation Research
(SBIR) Program established pursuant to Pub. L. 97-219 (the Small Business Innovation
Development Act of 1982).
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Part 1822—Application of Labor Laws To Government Acquisitions
PART 1822
APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
Revisions from PCD 25-41
TABLE OF CONTENTS
SUBPART 1822.1
1822.101
1822.101-1
1822.101-70
1822.102
1822.102-2

BASIC LABOR POLICIES
Labor relations.
General.
Admission of labor representatives to contract sites.
Presolicitation.
Contract clause.

SUBPART 1822.10
1822.1008
1822.1008-2

SERVICE CONTRACT LABOR STANDARDS
Procedures for obtaining wage determinations.
Wage determinations.

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Part 1822—Application of Labor Laws To Government Acquisitions
PART 1822
APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
Subpart 1822.1—Basic Labor Policies
1822.101 Labor relations.
1822.101-1 General.
(b)(i) When a strike that may have an adverse effect on NASA programs is imminent or
in progress at a prime contractor's or subcontractor's plant, contracting officers must, in
coordination with the Center Contractor (IRO)—
(1) Advise in writing both the prime contractor and the head of the union local of the
expected impact of the strike on NASA programs and of the actions NASA is planning to take to
protect the Government's interest and prevent any further delay in the accomplishment of
NASA's mission. If the strike is at a subcontractor's plant, only the prime contractor may contact
the subcontractor since there is no contract between NASA and the subcontractor;
(2) Explore the possibility of locating other sources for the supplies or services to
have been provided by the strike-threatened plant; and
(3) Consider removing items from contractors’ facilities affected by work stoppages.
The contracting officer [must]obtain approval from Headquarters Contractor Industrial Relations
Officer before proceeding with any such removal.
(ii) NASA activities may not prevent the access of labor union representatives to contract
sites for the conduct of union business if such activities are compatible with safety and security
regulations and performance of the contract work involved in accordance with NPR 5200.1.
1822.101-70 Admission of labor representatives to contract sites.
NASA activities must not prevent the access of labor union representatives to contract sites for
the conduct of union business if such activities are compatible with safety and security
regulations and performance of the contract work involved in accordance with NPR 5200.1.
1822.102 Presolicitation.
1822.102-2 Contract clause.
(a) Insert the FAR clause 52.222-1, Notice to the Government of Labor Disputes, in all
solicitations and contracts that exceed the simplified acquisition threshold.

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Part 1822—Application of Labor Laws to Government Acquisitions
Subpart 1822.10—Service Contract Labor Standards
1822.1008 Procedures for obtaining wage determinations.
1822.1008-2 Wage determinations.
(b) Wage determinations based on collective bargaining agreements.
(2) The requirement for the successor contractor to pay the wages and fringe benefits is
applicable until superseded by a new wage determination on the contract.

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NASA Federal Acquisition Regulation Supplement
Part 1823—Sustainable Acquisition, Material Safety, and Pollution Prevention

PART 1823
SUSTAINABLE ACQUISITION, MATERIAL SAFETY, AND POLLUTION
PREVENTION
PCD 25-52
TABLE OF CONTENTS

RESERVED

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Part 1824—Protection of Privacy and Freedom of Information
PART 1824
PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
Revisions from PCD 25-32
TABLE OF CONTENTS
SUBPART
1824.102

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1824.1

PROTECTION OF INDIVIDUAL PRIVACY
General.

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Part 1824—Protection of Privacy and Freedom of Information
PART 1824
PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
Subpart 1824.1—Protection of Individual Privacy
1824.102 General.
(1) For NASA rules and regulations implementing the Privacy Act, see Privacy Act 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;
(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.

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NASA Federal Acquisition Regulation Supplement
Part 1825—Foreign Acquisition
PART 1825
FOREIGN ACQUISITION
Revisions from PCD 25-54A
TABLE OF CONTENTS
1825.003
1825.003-70

Definitions.
NASA definitions.

SUBPART
1825.103

1825.1

BUY AMERICAN-SUPPLIES
Exceptions.

SUBPART
1825.400

1825.4

TRADE AGREEMENTS
Scope of subpart.

SUBPART

1825.6

SOLICITATION PROVISIONS AND CONTRACT
CLAUSES
Acquisition of Supplies.
Other clause.
Export control.

SUBPART
1825.901
1825.904

1825.9

CUSTOMS AND DUTIES
Policy.
Contract Clause.

SUBPART

1825.70

NASA RESTRICTIONS ON FUNDING ACTIVITYWITH
THE PEOPLES REPUBLIC OF CHINA (PCR)
Policy.
NASA provision and clause.

1825.71

CONTRACTOR TRAVEL OUTSIDE THE UNITED
STATES
NASA clauses.

1825.601
1825.03
1825.603-70

1825.7001
1825.7001-70
SUBPART
1825.7101

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Part 1825—Foreign Acquisition
PART 1825
FOREIGN ACQUISITION
1825.003 Definitions.
1825.003-70 NASA definitions.
Canadian end product means an article with an estimated value of less than $174,000, means(1) An unmanufactured end product mined or produced in Canada;
(2) An end product manufactured in Canada, if(i) The cost of the components mined, produced, or manufactured in Canada or the United States
exceeds 60 percent of the cost of all the components, except that the percentage will be 65 percent
for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting
in calendar year 2029. 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 $174,000 or more, the definition for the
World Trade Organization (WTO) Government Procurement Agreement (WTO GPA) country end
product at FAR 25.003 applies.
Subpart 1825.1—Buy American—Supplies
1825.103 Exceptions.
(a)Public interest.
(1) NASA has determined it inconsistent with the public interest to apply restrictions of the
Buy American statute to the acquisition of Canadian end products with estimated values of less
than $174,000 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.
(2) For procurements covered by the Trade Agreements Act, NASA has
determined it inconsistent with the public interest to apply the Buy American statute to U.S.made end products that are substantially transformed in the United States.
Subpart 1825.4—Trade Agreements
1825.400 Scope of subpart.

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(b) The Buy American statute applies to all acquisitions of Japanese end products or
services that exceed the micro-purchase threshold.
Subpart 1825.6—Solicitation Provisions and Contract Clause
1825.601 Acquisition of supplies.
(c)(1) NASA has determined that the restrictions of the Buy American statute are not
applicable to U.S.-made end products.
1825.603 Other clause.
1825.603-70 Export control.
(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 120.63, 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 120.63 and 15 CFR 772.1.)
(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.
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
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equipment used in connection with an international program or launch service agreement. This
authority is fully described in 14 CFR 1217.
1825.904 Contract Clause.
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.
Subpart 1825.70—NASA Restrictions on Funding Activity with the Peoples Republic of
China (PRC)
1825.7001 Policy.
(a) NASA is restricted by specified application of the Acts from using funding appropriated
in the Acts to enter into a contract of any kind to participate, collaborate, or coordinate bilaterally
in any way with China or any Chinese-owned company. Funds containing the restriction are those
FY 2011 funds appropriated on or after April 25, 2011, FY 12 funds, and all future appropriations.
Accordingly, contracting officers must make no awards to China or Chinese-owned companies
with funds appropriated by the Acts or any funds appropriated subsequent to the Acts. This policy
applies to all contracts except those for commercial and non-developmental items. The restrictions
of the Acts and this policy neither limit nor prohibit the purchase of commercial or nondevelopmental items.
(b) Contracting officers must ensure that contracts funded with the restricted appropriations
include the provision and clause below that prohibit the contractor from spending such funds on
restricted activities with China or a Chinese-owned company. The restrictions of the Acts do not
restrict contractors from acquiring commercial and non-developmental items from China or
Chinese-owned companies. Contracts which used funding that was appropriated after April 25,
2011, either as a new award or through a modification are subject to this restriction.
1825.7001-70 NASA provision and clause.
(a) Insert the clause at 1852.225-71, Restriction on Funding Activities with China, in all
solicitations and awards except those for commercial and non-developmental items.
(b) Insert the provision at 1852.225-72, Restriction on Funding Activities with China –
Representation, in all solicitations and awards except those for commercial and non-developmental
items.
Subpart 1825.71—Contractor Travel Outside The United States
1825.7101
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(a) The contracting officer must insert the clause at 1852.225-73, 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.
(b) The contracting officer must insert the clause at 1852.225-74, 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 remove locations in the United States.

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NASA Federal Acquisition Regulation Supplement
Part 1826—Other Socioeconomic Programs

PART 1826
OTHER SOCIOECONOMIC PROGRAMS
Revisions from PCD 25-17B
TABLE OF CONTENTS
TABLE OF CONTENTS
SUBPART

1826.3

HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES
General Policy.

1826.5

DRUG-FREE WORKPLACE
Drug-and alcohol-free workforce.
Definitions.
Contract clause.
Suspension of payments, termination of contract, and
debarment and suspension actions.
Safety and Health
NASA solicitation provisions and contract clauses

1826.302
SUBPART
1826.570
1826.570-1
1826.570-2
1826.570-3
1826.70
1826.7001

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Part 1826—Other Socioeconomic Programs
PART 1826
OTHER SOCIOECONOMIC PROGRAMS
SUBPART 1826.3 HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
1826.302 General Policy.
(a) NASA’s policy is to attain an Agency-wide goal of one percent of total contract value of
prime and subcontracting awards for acquisitions to Historically Black Colleges and Universities
(HBCU) and Minority Institutions (MI), pursuant to 51 U.S.C. 30304 (Pub. L. 111-314). This
goal is calculated as the sum of prime HBCU/MI dollars as reported in FPDS-NG and
subcontracted HBCU/MI dollars as reported in eSRS, divided by total small business eligible
dollars as reported in FPDS-NG.
(b) Heads of contracting activities (HCAs) must ensure that contracting personnel maintain
awareness of NASA’s goal for contracts and subcontracts with HBCUs and MIs and take
reasonable action to increase their participation in NASA programs.
SUBPART 1826.5—DRUG-FREE WORKPLACE
1826.570 Drug-and alcohol-free workforce.
This section 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.
1826.570-1 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.
“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.

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“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.
1826.570-2 Contract clause.
The contracting officer must insert the clause at 1852.226-70, "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 must not insert the
clause at 1852.226-70 in solicitations and contracts for commercial products and commercial
services.
1826.570-3 Suspension of payments, termination of contract, and debarment and
suspension actions.
The contracting officer must comply with the procedures of FAR 26.505-1 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 1852.226-70. Causes
for suspension of contract payments, termination of the contract for default, and debarment and
suspension of the contractor are the following:
(a) The contractor fails to comply with paragraph (b), (c), or (d) of the clause at
1852.226-70; 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, has to indicate that the contractor has failed to make a good faith
effort to provide a drug- and alcohol-free workforce.
1826.70—Safety and Health
1826.7001 NASA solicitation provisions and contract clauses.
(a) Insert the clause at 1852.226–71, 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.
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(c) The contracting officer must insert the provision at 1852.226-72, 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 must
incorporate the plan as an attachment into any resulting contract. The contracting officer must
insert the provision, with its Alternate I, in Invitations for Bid.
(d)(1) The contracting officer must 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 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 must
incorporate the plan as an attachment into the contract.
(e)(1) The contracting officer must insert the clause at 1852.226-73, 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 products and commercial services
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 must insert the clause at 1852.226-74, 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 1852.226-72 or the FAR clause at 52.236-13 with its Alternate I.

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NASA Federal Acquisition Regulation Supplement
Part 1827—Patents, Data, and Copyrights

PART 1827
PATENTS, DATA, AND COPYRIGHTS
Revisions from PCD 26-02A
TABLE OF CONTENTS
SUBPART 1827.1
1827.101

GENERAL
Applicability

SUBPART 1827.3
1827.301
1827.303
1827.304
1827.304-1
1827.304-2
1827.304-3
1827.304-4

PATENT RIGHTS UNDER GOVERNMENT CONTRACTS
Definitions.
Solicitation provisions and contract clauses.
Procedures.
General.
Contracts placed by or for other Government agencies.
Subcontracts.
Appeals.

SUBPART 1827.4
1827.404
1827.404-3
1827.404-4

RIGHTS IN DATA AND COPYRIGHTS
Basic rights in data clause.
Copyrighted works.
Contractor’s Release, publication, and use of data.

1827.405
1827.405-4
1827.409

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Other data rights provisions.
Other existing data.
Solicitation provisions and contract clauses.

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Part 1827—Patents, Data, and Copyrights
PART 1827
PATENTS, DATA, AND COPYRIGHTS
Subpart 1827.1—General
1827.101 Applicability
The provisions of FAR Part 27 apply to NASA acquisitions unless specifically excepted in
this part.
Subpart 1827.3 - Patent Rights under Government Contracts
1827.301 Definitions.
"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 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
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. All unclassified reporting must be performed in the
iEdison system. For each contract containing the clause at 52.227-11, Patent Rights—Ownership
by the Contractor, or the clause at 1852.227-70, New Technology-Other than a Small Business
Firm or Nonprofit Organization:
(v)
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 organization.
If the contracting officer has reason to question the size or nonprofit status of the
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prospective contractor, the contracting officer will follow the procedures at FAR 27.3041(a).
(vi)
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.“
(vii) 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).
(d)(1) The contracting officer shall insert the clause at 1852.227-70, New TechnologyOther 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.
(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 1852.22770, 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.
(4) (e)(1) 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.
(i) 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.
(e)(2) 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 subparagraph (b) of this section.
(e)(3)(iv) 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.
1827.304 Procedures.
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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 NFS CG 1(e)(1)(ii)), 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.
(c)(3) 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 Title 35 of the United
States Code, Section 204.
(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. 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-2012title14-vol5/pdf/CFR-2012- title14-vol5-part1245.pdf .

(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 the
NASA Patent Waiver Regulations, 14 CFR Part 1245, Subpart 1.
(h) Licenses and assignments under contracts with nonprofit organizations. Contractor
requests for assignments should be made to the Patent Representative designated in the clause at
1852.227-72.
(i) New technology reporting plan -- In contracts with an estimated cost in excess of
$2,500,000 (or less when appropriate) that contain the clause at1852.227-70, New Technology—
Other than a Small Business Firm or Nonprofit Organization, the contracting officer may require
the contractor to submit, for post-award Government approval, a detailed plan for new technology
reporting that demonstrates an adequate understanding of and commitment to the reporting
requirements of the clause.
(j)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 and forwarded to the contractor by the
contracting officer.
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(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.
(l) Requirement for contractor prompt reporting of reportable items. NASA contractors
subject to Section 20135 of the National Aeronautics and Space Act (51 U.S.C. 20135) 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 availability for the benefit of the scientific, industrial, and commercial
communities and the general public.
(m) Release of final payment. The contracting officer must not approve release of final
payment under the contract and, if applicable, any reserve set aside under the withholding
provisions of the clause for deficiencies and delinquent reporting not corrected as of the time of
the submission of the final report by the contractor until receipt of the New Technology
Representative's certification of compliance, and the Patent Representative's concurrence. Please
note that the Prompt Payment Act applies to this payment.
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 Governmentwide 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)).
(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 clauses 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 (a)(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 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,
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Part 1827—Patents, Data, and Copyrights
developmental, research, design, or engineering work of any of the types described in
1827.303(d).
(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.
Subpart 1827.4—Rights in Data and Copyrights
1827.404 Basic rights in data clause.
1827.404-3 Copyrighted works.
(a)(4) 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.
1827.404-4 Contractor’s release, publication, and use of data.
(a) NASA’s intent is to ensure the most expeditious dissemination of computer software
developed by it or its contractor. Accordingly, when the clause at FAR 52.227-14, Rights in DataGeneral, 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.
(b)(1) 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;
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(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.
(d) If the contractor has not been granted permission to assert claim to copyright,
subparagraph (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.
1827.405 Other data rights provisions.
See 1827.409(m) for use of the clause at 1852.227-88, Government-furnished computer software and
related technical data.

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 modified as set forth at 1852.227-14 (See NFS Companion
Guide 1827.5 for additional information).
(3) Include Alternate II of 52.227-14, and at the end of subparagraph (g)(3), list the
following purposes in the Limited Rights Notice paragraph (g)(3) of Alternate II:
(i) Use (except for manufacture) by support service contractors.
(ii) Evaluation by nongovernment evaluators.
(iii) Use (except for manufacture) by other contractors participating in the
Government’s program of which the specific contract is a part.
(iv) Maintenance, repair, or overhaul, including any right-to-repair activities.

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(v) Release to a foreign government, or its instrumentalities, if required to serve the
interests of the U.S. Government, for information or evaluation, or for emergency repair or
overhaul work by the foreign government.
(d) The clause at 52.227-16, Additional Data Requirements, must 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 must use the clause at 1852.227-86, Commercial
Computer Software – Licensing when it is considered appropriate for the acquisition of existing
computer software.
(h) If the contract is a Small Business Innovation Research (SBIR) or Small Business
Technology Transfer (STTR) contract, insert the clause at 52.227-20, Rights in Data-SBIR and
STTR Programs (DEVIATION) (JAN 2026) in all Phase I, Phase II, and Phase III contracts
awarded under either the Small Business Innovation Research (SBIR) or Small Business
Technology Transfer (STTR) Programs, both established pursuant to 15 U.S.C. 638. This clause
implements 15 U.S.C. 638 and the Small Business Administration’s “Small Business Innovation
Research (SBIR) and Small Business Technology Transfer (STTR) Program Policy Directive”
(84 FR 12794, April 2, 2019; see www.sbir.gov). This clause includes an SBIR/STTR protection
period of 20 years. After award of the contract, the contractor and the contracting officer may
negotiate a longer SBIR/STTR protection period than the one specified in the SBIR/STTR Rights
Notice referenced in paragraph (d) of the clause. If a longer SBIR/STTR protection period is
negotiated, paragraph (d) requires the contractor to revise the SBIR/STTR Rights Notice to
reflect the negotiated period.
(m) The clause at 1852.227-88, Government-furnished computer software and related
technical data 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 Governmentfurnished information for use in performing the contract.

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Part 1828—Bonds and Insurance
PART 1828
BONDS AND INSURANCE
Revisions from PCD 25-29
TABLE OF CONTENTS
SUBPART
1828.311
1828.311-1
1828.311-2
1828.311-270
1828.370
1828.371

1828.372

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1828.3

INSURANCE
Solicitation provision and contract clause on liability insurance
under cost-reimbursement contracts.
Contract clause.
Agency solicitation provisions and contract clauses.
NASA solicitation provisions and contract clauses.
Fixed-price contract clauses.
Clauses incorporating cross-waivers of liability for
International Space Station activities and Science or Space
Exploration activities unrelated to the International Space
Station.
Clause for minimum insurance coverage.

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1828.311 Solicitation provision and contract clause on liability insurance under costreimbursement contracts.
1828.311-1 Contract clause.
The contracting officer must 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.
1828.311-2 Agency solicitation provisions and contract clauses.
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 costreimbursement 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.
(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.
1828.370 Fixed-price contract clauses.
(a) The contracting officer must 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.

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(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 must not be made a part of the contract, and the cost of necessary insurance to be
obtained by the contractor to cover this risk must 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, must be used.
(c) When the clause at 1852.228-70 is used, the term "Contractor's premises" musk be
expressly defined in the contract Schedule and must 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 permit,
license, or other right of use either exclusively or jointly with others, including Government
airfields.
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.
(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
must 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 must
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 must insert the clause at 1852.228-78, Cross-Waiver 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 must insert the clause prescribed by
paragraph (c) of this section and designate its application to that particular launch.
(c) The contracting officer must insert the clause at 1852.228-76, Cross-Waiver of
Liability for International Space Station Activities, in solicitations and contracts above the

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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.
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 contracts requiring performance on a government installation 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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Part 1829—Taxes
PART 1829
TAXES
PCD 25-11
TABLE OF CONTENTS
RESERVED

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NASA Federal Acquisition Regulation Supplement
Part 1830—Cost Accounting Standards Administration
PART 1830
COST ACCOUNTING STANDARDS ADMINISTRATION
Revisions from PCD 25-28
TABLE OF CONTENTS
SUBPART
1830.7001
1830.7001-4
1830.7002
1830.7002-1
1830.7002-2
1830.7002-3
1830.7002-4

1830.70

FACILITIES CAPITAL EMPLOYED FOR FACILITIES
IN USE OR FOR FACILITIES UNDER CONSTRUCTION
Facilities capital employed for facilities in use.
Postaward FCCOM applications.
Facilities capital employed for facilities under construction.
Definitions.
Cost of money calculations.
Representative investment calculations.
Determining imputed cost of money.

PART 1830
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Part 1830—Cost Accounting Standards Administration

COST ACCOUNTING STANDARDS
ADMINISTRATION
Subpart 1830.70 - Facilities Capital Employed for Facilities in Use
or for Facilities Under Construction
1830.7001 Facilities capital employed for facilities in use.
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 CASBCMF.
(2)
Separately compute contract FCCOM in a manner similar to yearly 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 9241 (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 Cost of money calculations.
(c) 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.

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(d) 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 investment calculations.
(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.
(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 1830.70023(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.

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(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.

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Part 1831—Contract Cost Principles and Procedures
PART 1831
CONTRACT COST PRINCIPLES AND PROCEDURES
Revisions from PCD 25-12
TABLE OF CONTENTS
SUBPART 1831.2
1831.205
1831.205-70
1831.205-71

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CONTRACTS WITH COMMERCIAL ORGANIZATIONS
Selected costs.
Contract clause.
Costs related to counterfeit electronic parts and suspect counterfeit
electronic parts.

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Part 1831—Contract Cost Principles and Procedures
PART 1831
CONTRACT COST PRINCIPLES AND PROCEDURES
Subpart 1831.2—Contracts with Commercial
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.
1831.205-71 Costs related to counterfeit electronic parts and suspect counterfeit
electronic parts.
(a) Scope. This section implements the requirements of section 823(c)(2)(B), the NASA
Transition Authorization Act of 2017 (Pub. L. 115-10).
The costs of counterfeit electronic parts, suspect counterfeit electronic parts, and
any corrective action that may be required to remedy the use or inclusion of such parts are
unallowable, unless—
(1)(i) A covered contractor, which is a contract, that supplies an electronic part,
or a product that contains an electronic part, to NASA, has an operational 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
(ii) The covered contractor, including subcontractors, notifies the
applicable NASA contracting officer in writing no 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 contractor or
subcontractor for delivery to, or on behalf of, contains a counterfeit electronic part or suspect
counterfeit electronic part; or
(2) 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.

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Part 1832—Contract Financing
PART 1832
CONTRACT FINANCING
Revisions from PCD 25-50A
TABLE OF CONTENTS
SUBPART

1832.1

FINANCING FOR OTHER THAN A COMMERCIAL
PURCHASE
Contractor clauses for non-commercial purchases.
NASA contract clause.

1832.2

COMMERCIAL PRODUCT AND COMMERCIAL SERVICE
PURCHASE FINANCING
Policy.
Solicitation provisions and contract clauses.
Governmentwide commercial purchase card

1832.4

1832.412
1832.412-70

ADVANCE PAYMENTS FOR OTHER THAN
COMMERCIAL ACQUISITIONS
Contract clause.
NASA contract clauses.

SUBPART 1832.5
1832.501
1832.501-1
1832.502-4
1832.502-470

PROGRESS PAYMENTS BASED ON COSTS
General.
Customary progress payment rates.
Contract clauses.
NASA contract clause.

SUBPART 1832.7
1832.706
1832.706-2
1832.706-270

CONTRACT FUNDING
Contract clauses.
Clauses for limitation of cost or funds.
NASA clauses for limitation of cost or funds.

SUBPART
1832.908
1832.908-70

1832.9

PROMPT PAYMENT
Contract clauses.
Submission of vouchers.

SUBPART
1832.1005
1832.1009

1832.10

PERFORMANCE-BASED PAYMENTS
Solicitation provision and contract clauses.
Title.

SUBPART
1832.1110

1832.11

ELECTRONIC FUNDS TRANSFER
Solicitation provision and contract clauses.

1832.111
1832.111-70
SUBPART
1832.202-1
1832.206
1832.207-171
SUBPART

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Part 1832—Contract Financing
PART 1832
CONTRACT FINANCING
Subpart 1832.1—Financing For Other Than A Commercial Purchase
1832.111 Contract clauses for other than commercial purchases.
1832.111-70 NASA contract clause.
The contracting officer must insert the clause at 1852.232-79, Payment for 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 Product and Commercial Service Purchase Financing
1832.202-1 Policy.
Advance payment limitations do not apply to expendable launch vehicle (ELV) service contracts.
1832.206 Solicitation provisions and contract clauses.
The installment payment rate must be that which is common in the commercial marketplace for
the purchased item. If there is no commonly used rate, the contracting officer must determine the
appropriate rate. In no case must the rate exceed that established in the clause at FAR 52.232-30.
Subpart 1832.4- Advance Payments for Other than Commercial Acquisitions

1832.412 Contract clauses.
(e) The contracting officer must use Alternates IV and V with 52.232-12 when advance
payments are provided on Phase I contracts of the Small Business Innovation Research (SBIR)
or Small Business Technology Transfer (STTR) programs.
(f) The contracting officer must use FAR 52.232-12, Alternates IV and V.
1832.412-70 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.
Subpart 1832.5—Progress Payments Based on Costs
1832.501 General.

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Part 1832—Contract Financing
1832.501-1 Customary progress payment rates.
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 must insert the applicable percentage in
paragraphs (a) and (b) of the clause at FAR 52.232-16.
1832.502-4 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.
Subpart 1832.7— Contract Funding
1832.706 Contract clauses.
1832.706-2 Clauses for limitation of cost or funds.
1832.706-270 NASA clauses for limitation of cost or funds.
(a) The contracting officer must insert the clause at 1852.232-77, Limitation of Funds
(Fixed-Price Contract), in solicitations and contracts for fixed-price, incrementally-funded
contracts or task orders.
(b) The contracting officer must 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 sufficient to pay fee anticipated to be earned for the work funded
by the amount in paragraph (a) of the clause.
1832.908 Contract clauses.

Subpart 1832.9—Prompt Payment

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), (a)(1)(i)(B), and (a)(1)(ii).
1832.908-70 Submission of vouchers.
Insert clause 1852.232-80, Submission of Vouchers/Invoices for Payment, in all solicitations
and contracts.

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Part 1832—Contract Financing
Subpart 1832.10—Performance-Based Payments
1832.1005 Contract clauses.
If the contract is for launch services, the contracting officer must delete paragraph (f) of the
clause at FAR 52.232-32 in accordance with 1832.1009.
1832.1009 Title.
In accordance with 42 U.S.C. 2465d, NASA must 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.
Subpart 1832.11—Electronic Funds Transfer
1832.1110 Solicitation provision and contract clauses.
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 must replace the paragraph
at FAR 52.232-34(c) with a description of the EFT mechanism that will be used for the contract.

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Part 1833—Protest, Disputes, and Appeals
PART 1833
PROTESTS, DISPUTES, AND APPEALS
Revisions from PCD 25-25
TABLE OF CONTENTS
SUBPART 1833.1
1833.107-70

PROTESTS
Solicitation provision.

SUBPART
1833.205-9

DISPUTES AND APPEALS
Contract clause.

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NASA Federal Acquisition Regulation Supplement
Part 1833—Protest, Disputes, and Appeals
PART 1833
PROTESTS, DISPUTES, AND APPEALS
1833.1—Protests
1833.107-70 Solicitation provision.
The contracting officers must insert the provision at 1852.233-70 in all solicitations.

1833.2--Disputes and Appeals
1833.205-9 Contract clause.
The contracting officer must 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 re-procurement
from other sources would be impracticable.

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NASA Federal Acquisition Regulation Supplement
Part 1834—Major System Acquisition
PART 34
MAJOR SYSTEM ACQUISITION
Revisions from PCD 25-05A
TABLE OF CONTENTS
SUBPART
1834.201
1834.203-70

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1834.2

EARNED VALUE MANAGEMENT SYSTEM
Policy.
NASA solicitation provision and contract clause.

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Part 1834—Major System Acquisition
PART 1834
MAJOR SYSTEM ACQUISITION
Subpart 1834.2—Earned Value Management System
1834.201 Policy.
(b) The requiring organization must ensure that Earned Value Management System (EVMS)
reporting requirement is included in the acquisition package provided to the procurement
office for implementation in contracts, subcontracts, and task orders where EVMS applies.
1834.203-70 NASA solicitation provision and contract clause.
The contracting officer must insert—
(a) The provision at 1852.234-1, Notice of Earned Value Management System, in solicitations
for contracts, subcontracts, and task orders that are
(1) Cost or fixed-price incentive fee type, valued at $50 million or more, inclusive of options,
have a period of performance of at least 18 months, and contain development work scope;
or
(2) Acquisitions of any value type, or period of performance designated as major by the
program manager in accordance with the Office of Management and Budget, OMB
Circular A-11; and
(b) The clause at 1852.234-2, Earned Value Management System, in cost or fixed-price
incentive solicitations and contracts, subcontracts, and task orders valued at $100 million or
more, inclusive of options, with a period of performance of at least 18 months, and contain
developmental work scope that include the provision at 1852.234-1. The contracting officer
must use the clause with its Alternate I when the contract, subcontract, or task order is valued
less than $100 million, inclusive of options.

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NASA Federal Acquisition Regulation Supplement
Part 1835—Research and Development Contracting
PART 1835
RESEARCH AND DEVELOPMENT CONTRACTING
Revisions from PCD 25-13
TABLE OF CONTENTS
SUBPART 1835.1
1835.101
1835.101-70
1835.102-70
1835.102-71

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PRESOLICITATION
Solicitations.
NASA contract clauses and solicitation provision.
Foreign participation under broad agency announcements (BAAs).
NASA Research Announcements.

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Part 1835—Research and Development Contracting

PART 1835
RESEARCH AND DEVELOPMENT CONTRACTING
1835.101 Solicitations
1835.101-70NASA contract clauses and solicitation provision.
(a) The contracting officer must insert the clause at 1852.235-70, NASA STI Compliance and
Distribution Services, in all research and development contracts, and interagency agreements and
cost-reimbursement supply contracts involving research and development work.
(b) The contracting officer must insert the clause at 1852.235-71, Essential 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 essential personnel or facilities.
(c) The contracting officer must 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 must insert the clause at 1852.235-73, Final Scientific and Technical
Reports, in all research and development contracts, and in interagency agreements and costreimbursement 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, must 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, must 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 must insert the clause with its Alternate III in all SBIR and STTR contracts.
(e) The contracting officer must 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

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Part 1835—Research and Development Contracting

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.
1835.102-70 Foreign participation under broad agency announcements (BAAs).
(a) Policy.

(1) NASA’s policy is to conduct research with foreign entities on a cooperative, noexchange-of-funds 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-of-funds 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.
1835.102-71 NASA Research Announcements(NRA).
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 a Request For
Proposal 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 NRA shall not be used when the requirement is sufficiently defined to
specify an end product or service.

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NASA Federal Acquisition Regulation Supplement
Part 1836—Construction and Architect – Engineering Contracts

PART 1836
CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
Revisions from PCD 25-14
TABLE OF CONTENTS
SUBPART 1836.1
1836.101
1836.101-6
1836.101-7
1836.101-770

PRE-SOLICITATION
Construction.
Government cost estimate.
Clauses.
Clauses and provisions.

SUBPART
1836.7004

PARTNERING
NASA solicitation provision and contract clause.

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Part 1836—Construction and Architect – Engineering Contracts

Subpart 1836.1 – Pre-solicitation
1836.101 Construction
1836.101-6 Government cost estimate.
Contracting officers must follow the procedures in the NFS Companion Guide regarding
handling of government cost estimates for acquisitions using sealed bidding.
1836. 101-770 Clauses
(e) For additional guidance on the use of FAR clause 52.236-13, Accident Prevention,
and its Alternate I in NASA contracts, see 1823.
(l) The contracting officer must 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.
(m) The contracting officer must 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.
(n) The contracting officer must insert the clause at 1852.236-73, Hurricane Plan, in
solicitations and contracts for construction at sites that experience hurricanes.
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.

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NASA Federal Acquisition Regulation Supplement
Part 1837—Service Contracting

PART 1837
SERVICE CONTRACTING
Revisions from PCD 25-40
TABLE OF CONTENTS
SUBPART
1837.201-1

1837.2

PERSONAL SERVICES
Policy.

SUBPART
1837.801-70
1837.802
1837.802-70
1837.802-71

1837.8

OTHER SERVICE CONSIDERATIONS
NASA Definitions.
Presolicitation.
Release of contractors’ sensitive information.
NASA contract clauses.

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Part 1837—Service Contracting

PART 1837
SERVICE CONTRACTING
Subpart 1837.2—Personal Services
1837.201-1 Policy.
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." NASA’s policy is to obtain the personal services of experts and consultants by appointment
rather than by contract.
Subpart 1837.8—Other Service Considerations
1837.801-70 NASA Definitions.
As used in this subpartPension portability means the recognition and continuation in a successor service contract of the
predecessor service contract employees' pension rights and benefits.
Sensitive information means 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:
(1) to impair the Government’s ability to obtain this type of information in the future; or
(2) 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.
Service provider means the service contractor that receives sensitive information from NASA to
provide services to the requiring organization.
1837.802 Presolicitation.
1837.802-70 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
subject to the safeguards and protections delineated in the clause at 1852.237-72, Access to

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Part 1837—Service Contracting

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 respond to
requests from service providers for access to information.
1837.802-71 NASA contract clauses.
(a) 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) 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 that the requirement is in the best interest of the Government.
(c) 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.
(d) Insert the clause at 1852.237-73, Release of Sensitive Information, in all solicitations,
contracts, and basic ordering agreements.

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Part 1839 – Acquisition of Information and Communication Technology
PART 1839
ACQUISITION OF INFORMATION AND COMMUNICATION TECHNOLOGY
Revisions from PCD 25-06A
TABLE OF CONTENTS

SUBPART 1839.70
1839.7001

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AUTHORIZATION FOR RADIO FREQUENCY USE
Contract clause.

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NASA Federal Acquisition Regulation Supplement
Part 1839 – Acquisition of Information and Communication Technology
Subpart 1839.70 – Authorization for Radio Frequency Use
1839.7001 Contract clause.
The contracting officer must insert the clause at, 1852.239-70, 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.

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NASA Federal Acquisition Regulation Supplement
Part 1840 –Information Security and Supply Chain Security
PART 1840
INFORMATION SECURITY AND SUPPLY CHAIN SECURITY
Revisions from PCD 25-22
TABLE OF CONTENTS
SUBPART
1840.302
1840.302-3
1840.370
1840.470-4

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1840.3

SAFEGUGUARDING INFORMATION
Safeguarding Classified Information within Industry
Contract clause
Safeguarding Unclassified Information Technology
Resources
Contract clause.

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NASA Federal Acquisition Regulation Supplement
Part 1840 –Information Security and Supply Chain Security
PART 1840
INFORMATION SECURITY AND SUPPLY CHAIN SECURITY
Subpart 1840.3 - Safeguarding Information
1840.302

Safeguarding Classified Information within Industry

1840.302-3 Contract clause.
The contracting officer must insert clause 1852.240-75, Security Classification Requirements, in
solicitations and contracts if work 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 acquisition and installation.
1840.370

Safeguarding Unclassified Information Technology (IT) Resources.

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 A130, Management of Federal Information Resources, and the National Institute of 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.
1840.470-4 Contract clause.
(a) Insert clause 1852.240-76, 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 Applicable Documents List (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 must 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

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Part 1840 –Information Security and Supply Chain Security
contractor, by contract modification, which parts of the clause or provisions of the ADL are
waived.

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NASA Federal Acquisition Regulation Supplement
Part 1841 – Acquisition of Utility Services

PART 1841
ACQUISITION OF UTILITY SERVICES
PCD 25-43
TABLE OF CONTENTS
RESERVED

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NASA Federal Acquisition Regulation Supplement
Part 1842 – Contract Administration and Audit Services
PART 1842
CONTRACT ADMINISTRATION AND AUDIT SERVICES
Revisions from PCD 25-51A
TABLE OF CONTENTS
SUBPART
1842.7001

1842.7 ADDITIONAL NASA CONTRACT CLAUSES
Denied Access to NASA Facilities.

SUBPART

1842.71 RESERVED.

SUBPART

1842.72 NASA CONTRACTOR FINANCIAL MANAGEMENT

1842.7201
1842.7202

REPORTING.
General.
Contract clause.

PART 1842
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Part 1842 – Contract Administration and Audit Services

CONTRACT ADMINISTRATION AND AUDIT SERVICES
Subpart 1842.70—Additional NASA Contract Clauses
1842.7001 Denied Access to NASA Facilities.
The contracting officer must 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 NASA Organization”. The contracting officer must 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).
Subpart 1842.71—Reserved
Subpart 1842.72—NASA Contractor Financial Management Reporting
1842.7201 General.
a. 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
$500K to $999K
$1,000,000 and over
$1,000,000 and over

Period of Performance
1 year or more
Less than 1 year
1 year or more

533M
Required
Required
Required

533Q
Optional
Optional
Required

(2) When it is probable that a contract will ultimately meet the criteria in
paragraph (a)(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.
1842.7202 Contract clause.
The contracting officer must 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.

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Part 1843 –Contract Modifications
PART 1843
CONTRACT MODIFICATIONS
Revisions from PCD 25-07
TABLE OF CONTENTS
SUBPART
1843.305
1843.305-70

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1843.3

CHANGE ORDERS
Contract clauses.
NASA contract clauses.

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NASA Federal Acquisition Regulation Supplement
Part 1843 –Contract Modifications
PART 1843
CONTRACT MODIFICATIONS
Subpart 1843.2—Change Orders
1843.305 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 43.305(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.
1843.205-70 NASA contract clauses.
The contracting officer may insert a clause substantially as stated at 1852.243-72, Equitable
Adjustments, in solicitations and contracts for—
(1) Dismantling, demolishing, or removing improvements; or
(2) Construction, when the contract amount is expected to exceed the simplified
acquisition threshold and a fixed-price contract is contemplated.

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Part 1844 – Subcontracting Policies and Procedures

PART 1844
SUBCONTRACTING POLICIES AND PROCEDURES
PCD 25-33
TABLE OF CONTENTS
RESERVED

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NASA Federal Acquisition Regulation Supplement
Part 1845 – Government Property
PART 1845
GOVERNMENT PROPERTY
Revisions from PCD 25-36A
TABLE OF CONTENTS
SUBPART 1845.1
1845.107
1845.107–70

GENERAL
Contract clauses.
NASA solicitation provisions and contract clauses.

SUBPART

AUTHORIZING THE USE AND RENTAL OF
GOVERNMENT PROPERTY

1845.3

1845.302
SUBPART

Contracts with foreign government or international organizations.
1845.4

RESERVED

SUBPART 1845.6
1845.604-70
1845.606-70
1845.607-2

REPORTING, REUTILIZATION, AND DISPOSAL
Sale of property pursuant to the exchange/sale authority.
Contractor's scrap procedure.
Recovering precious metals.

SUBPART
1845.7101

FORMS PREPARATION
Instructions for preparing NASA electronic annual and final
property submissions.
Property classification.
Transfers of property.
Unit acquisition costs.
Types of deletions from contractor property records.
Contractor’s privileged financial and business information.

1845.7101-1
1845.7101-2
1845.7101-3
1845.7101-4
1845.7101-5

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NASA Federal Acquisition Regulation Supplement
Part 1845 – Government Property
PART 1845
GOVERNMENT PROPERTY
Subpart 1845.1—General
1845.107 Contract clauses.
1845.107–70 NASA solicitation provisions and contract clauses.
(a)(1) The contracting officer must insert the clause at 1852.245–70, Contractor Requests
for Government-furnished Property, in cost reimbursement solicitations and contracts.
(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 must 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 must 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 must identify, in the contract, the nature, quantity, and
acquisition cost of the property and make it available on a no charge basis.
(4) The contracting officer must 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 must 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 must 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 must insert the clause at 1852.245–72, Liability for
Government Property Furnished for Repair or Other Services, in fixed-price, time-and-material,
and labor-hour 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
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furnished. The contracting officer must not require additional insurance under the clause unless
the circumstances clearly indicate advantages to the Government.
(d) The contracting officer must 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 must 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 must 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 must 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 must 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 FAR 52.245–2, Government Property Installation Operation Services. In addition, the
contracting officer must insert the following language in the blanks in paragraph (e) of the clause
at FAR 52.245–2: ‘‘The Government property provided under this clause is identified in clause
1852.245–77 of this contract.’’
(i) The contracting officer must insert the clause at 1852.245–78, Physical Inventory of
Capital Personal Property, in cost reimbursement and fixed-price solicitations and contracts that
provide Government property.
(j) The contracting officer must 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 must 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.
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(2) The contracting officer must 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 must 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 must 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.
(n) The contracting officer must 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.
Subpart 1845.3 -- Authorizing the Use and Rental of Government
1845.302 Contracts with foreign government or international organizations.
NASA procedures for disposal are in NPR 4300.1C, NASA Personal Property Disposal
Procedures and Guidelines.
Subpart 1845.6—Reporting, Reutilization, and Disposal
1845.604-70 Sale of property pursuant to the exchange/sale authority.
(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
contractor or next higher-tier subcontractor.
(ii) Each excluded sale, purchase, or retention requires the written approval of the
plant clearance officer.

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1845.606 Contractor’s scrap procedure.
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.
(b) Property in scrap condition, other than that disposed of through the contractor’s
approved scrap procedure, must be reported on appropriate inventory schedules for disposition in
accordance with the provisions of FAR Part 45 and NFS 1845.
1845.607-2 Recovering precious metals.
Silver, gold, platinum, palladium, rhodium, iridium, osmium, and ruthenium; scrap bearing such
metals; and items containing recoverable quantities of them must be reported to the Defense
Reutilization and Marketing Service, DRMS-R, Federal Center, Battle Creek, MI 49017-3092,
for instructions regarding disposition.
Subpart 1845.71—Forms Preparation
1845.7101 Instructions for preparing the electronic annual and final property submission.
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 (e.g.,
Property Management System Analysis (PMSA) performed by a Government Property
Administrator for accuracy of records). All contractors with property furnished and acquired
must submit an electronic property submissions in NASA’s Accountable Property System of
Record (APSR)/NASA Electronic Submission System (NESS) annually; and a final property
submission via https://ness.nasa.gov/contractor when the period of performance or award has
ended with the final disposition or property. Once electronic property submission is completed,
the contractor will be able to download their electronic forms. Changes in Federal Accounting
Standards and OMB reporting requirements may occur from year to year, requiring contractor
submission of supplemental information with the electronic annual property submission. 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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1845.7101-1 Property classification.
(a) General.
(1) Contractors must report costs in the classifications on annual and final
property submissions, as described in this section. The cost of heritage assets and obsolete
property will be reported on the property submissions 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.
(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 electronically in
the APSR/NESS for 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 must report
land with a unit acquisition cost of $1,000,000 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, or
floors. Contractors must report buildings with a unit acquisition cost of $1,000,000 or
more. Examples of fixed equipment required for functioning of a building include plumbing,
heating and lighting equipment, elevators, central 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 must report other structures and facilities with
a unit acquisition cost of $1,000,000 or more and a useful life of two years or more.

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(e) Leasehold improvements. Includes NASA-funded costs of improvements to leased
buildings, structures, and facilities, as well as easements and right-of-way, where NASA is the
lessee or the cost is charged to a NASA contract. Contractors must report leasehold
improvements with a unit acquisition cost of $1,000,000 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 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 must 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 1845.71013(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
must separately report—
(1) The amount for all items with a unit acquisition cost of $1,000,000 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. Examples include jigs, dies, fixtures, molds, patterns, taps
and gauges. Contractors must separately report—
(1) The amount for all items with a unit acquisition cost of $1,000,000 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 must separately report—
(1) The amount for all items with a unit acquisition cost of $1,000,000 or more
and a useful life of two years or more; and
(2) All other items.

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(j) Material. Includes costs of NASA-owned 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 must report the amount for all 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 stand-alone operation. Examples include
research aircraft, reusable space vehicles, ground support equipment, prototypes, and mockups. The amount of property, title to which vests in NASA as a result of progress payments to
fixed price subcontractors, must be included to reflect the pro rata cost of undelivered agencypeculiar 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, must not be
reported. Contractors must separately report—
(1) The amount for all items with a unit acquisition cost of $1,000,000 or more
and a useful life of two years or more; and
(2) All other items.
(l) Contract Work-in-Process. Work-in-process (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.
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 control and account for all transfers, they must 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 affect all transfers of accountability, although physical
shipment and receipt of property may be made directly by contractors. The procedures described
in this section must 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, must 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 electronically in the
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APSR/NESS; repairables provided under a cost-reimbursement contract, are accountable and
reportable. 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 $1,000,000
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 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 must be shown in Block 16. The original Government acquisition
date must 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 must 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 must
furnish a copy of the formally approved shipping document to the cognizant property
administrator. Shipping and receiving contractors must 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 must 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 must 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 must request
the omitted data directly from the shipping contractor or through the property administrator. The
contracting officer must assist the Government Property Administrator and the receiving
contractor to obtain all required information for the receiving contractor to establish adequate
property records.
1845.7101-3 Unit acquisition cost.

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(a) The unit acquisition cost must 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 must 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 must 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.
(c) Acquisition cost must 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
must be properly documented, supported and retained. Supporting documentation must be made
available upon request.
(d) The use of weighted average methodologies is acceptable for valuation of Material.
(e) Contractors must report unit acquisition costs using records that are part of the
prescribed property or financial control system as provided in this section. Fabrication costs
must 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 $1,000,000 or more must be reported in the APSR/NESS on the $1,000,000
& Over line. The costs of any other modifications, excluding routine maintenance, will be
reported on the Under $1,000,000 line. If an item’s original unit acquisition cost is less than
$1,000,000, but a single subsequent modification costs $1,000,000 or more, that modification
only will be reported as an item $1,000,000 or more on subsequent submissions. The original
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acquisition cost of the item will continue to be included in the under $1,000,000 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 $1,000,000, it must be reported as under $1,000,000.
(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, 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) must 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 must 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.
1845.7101-4 Types of deletions from contractor property records.
Contractors must 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 45.603 granted during the reporting period.
(b) Transferred in Place. Deletion amounts that result from transfer of property to a
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(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.
(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).
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 must furnish unit acquisition costs only on copies of shipping documents sent to the
shipping and receiving NASA Centers.

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Part 1846 – Quality Assurance
PART 1846
QUALITY ASSURANCE
Revisions from PCD 25-26
TABLE OF CONTENTS
SUBPART
1846.370

1846.3

CONTRACT CLAUSES
NASA contract clauses.

SUBPART
1846.470

1846.4

GOVERNMENT CONTRACT QUALITY ASSURANCE
Contract clause.

SUBPART
1846.601
1846.670

1846.6

MATERIAL INSPECTION AND RECEIVING REPORTS
General.
Contract clause.

SUBPART

1846.70

COUNTERFEIT ELECTRONIC PART DETECTION AND
AVOIDANCE.
Scope of subpart.
Definitions.
Policy.
Contract clause.

1846.7000
1846.7001
1846.7002
1846.7003

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PART 1846
QUALITY ASSURANCE
Subpart 1846.3—Contract Clauses
1846.370 NASA contract clauses.
The contracting officer must 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.
Subpart 1846.4—Government Contract Quality Assurance
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.
Subpart 1846.6—Material Inspection and Receiving Reports
1846.601 General.
See the NASA Material Inspection and Receiving Reports Procedures and Instructions, for the
use, preparation, and distribution of(1) The Material Inspection and Receiving Report (MIRR), (DD Form 250 series); and
(2) Commercial shipping/packing lists to evidence Government inspection (see FAR 46.401) and
acceptance (see FAR 46.501).
1846.670 Contract clause.
The contracting officer must 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).
Subpart 1846.70 — Counterfeit Electronic Part Detection and Avoidance.
1846.7000 Scope of subpart.

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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 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
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Part 1846 – Quality Assurance
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.
“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 must 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 must 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
(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.

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Part 1846 – Quality Assurance
(c) The covered contractor, including subcontractors, must 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, the contracting officer
must include the clause 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.

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Part 1847 – Transportation
PART 1847
TRANSPORTATION
Revisions from PCD 25-46
TABLE OF CONTENTS
SUBPART 1847.3
1847.305
1847.305-70

TRANSPORTATION IN SUPPLY CONTRACTS
Solicitation provisions, contract clauses, and transportation factors.
NASA contract clauses.

SUBPART
1847.7001

PROTECTION OF THE FLORIDA MANATEE
Contract clause.

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Part 1847 – Transportation
PART 1847
TRANSPORTATION
Subpart 1847.3—Transportation in Supply Contracts
1847.305 Solicitation provisions, contract clauses, and transportation factors.
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.
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).

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Part 1849 – Termination of Contracts
PART 1849
TERMINATION OF CONTRACTS
PCD 25-27
TABLE OF CONTENTS
RESERVED

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Part 1850 – Extraordinary Contractual Actions and the Safety Act
PART 1850
EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT
Revisions from PCD 25-15
TABLE OF CONTENTS
SUBPART 1850.1
1850.102
1850.102-2
1850.104-3
1850.104-370
1850.104-371
1850.104-4

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EXTRAORDINARY CONTRACTUAL ACTIONS
Delegation of and limitations of exercise of authority.
Contract adjustment boards.
Special procedures for unusually hazardous or nuclear risks.
Subcontractor indemnification requests.
Indemnification for NASA Launch Services and Reentry Services.
Contract clause.

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Part 1850 – Extraordinary Contractual Actions and the Safety Act
PART 1850
EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT
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.
1850.104-3 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 must be
submitted six (6) months in advance of the desired effective date of the requested
indemnification to allow sufficient time for the request to be reviewed, analyzed, and approved
by the Agency. Contractors must submit a single request and shall ensure that duplicate requests
are not submitted by associated divisions, subsidiaries, or central offices of the contractor.
(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 must 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.
1850.104-370 Subcontractor indemnification requests.
Subcontractors must 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 must 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 must 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
must be the same as that incorporated in the prime contract.
1850.104-371 Indemnification for NASA Launch Services and Reentry Services.
(a) Section 305 of the NASA Transition Authorization Act of 2017 (P.L. 115-10)
provides NASA discretion to indemnify contractors providing launch services and re-entry
services against successful claims by third parties for death, bodily injury, or loss of or damage
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Part 1850 – Extraordinary Contractual Actions and the Safety Act
to property. In addition, these claims may include reasonable expenses of litigation or
settlement. These claims may originate from launch services and reentry services carried out
under the contract that the contract defines as unusually hazardous or nuclear in nature.
(b) Contractor requests for indemnification in accordance with Section 305 of the
NASA Transition Authorization Act of 2017 (P.L. 115-10) must be submitted to the cognizant
contracting officer for the contract for which the indemnification is requested and must be
submitted in accordance with NFS 1850.104-3(a) and FAR 50.104-3(a).
1850.104-4 Contract clause.
The contracting officer must obtain the NASA Administrator’s approval prior to including clause
52.250-1 in a contract.

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Part 1851 – Use of Government Sources By Contractors

PART 1851
USE OF GOVERNMENT SOURCES BY CONTRACTORS
PCD 25-19
TABLE OF CONTENTS
RESERVED

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Part 1852 Solicitation Provisions and Contract Clauses
PART 1852
Revisions from PCD 26-03B
SOLICITATION PROVISIONS AND CONTRACT CLAUSES
TABLE OF CONTENTS
1852.000

Scope of part.

SUBPART

1852.1

RESERVED

SUBPART
1852.203-70
1852.203-71
1852.208-81
1852.208-82
1852.209-71
1852.209-72
1852.214-70
1852.214-71
1852.215-77
1852.215-78
1852.215-79
1852.215-81
1852.215-84
1852.215-85
1852.216-72
1852.216-73
1852.216-74
1852.216-75
1852.216-76
1852.216-77
1852.216-78
1852.216-80
1852.216-81
1852.216-83
1852.216-84
1852.216-85
1852.216-87
1852.216-88
1852.216-89
1852.216-90

1852.2

TEXTS OF PROVISIONS AND CLAUSES
Display of Inspector General Hotline Posters.
Requirement to inform employees of whistleblower rights.
Restrictions on Printing and Duplicating.
Federal Automotive Statistical Tool Reporting.
Limitation of Future Contracting.
Reserved.
Caution to Offerors Furnishing Descriptive Literature.
Award Grouping.
Preproposal/Pre-bid Conference.
Make or Buy Program Requirements.
Price Adjustment for "Make-or-Buy" Changes.
Proposal Page Limitations.
Ombudsman.
Proposal Adequacy Checklist
Award Term.
Estimated Cost and Cost Sharing.
Estimated Cost and Fixed Fee.
Payment of Fixed Fee.
Award Fee for Service Contracts.
Award Fee for End Item Contracts.
Firm Fixed Price.
Task Ordering Procedure.
Estimated Cost.
Fixed Price Incentive.
Estimated Cost and Incentive Fee.
Estimated Cost and Award Fee.
Reserved.
Performance Incentive.
Assignment and Release Forms.
Allowability of legal costs incurred in connection with a
whistleblower proceeding.

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1852.217-70
1852.217-71
1852.217-72
1852.219-11
1852.219-18
1852.219-73
1852.219-75
1852.219-77
1852.219-79
1852.219-80
1852.219-81
1852.219-82
1852.219-83
1852.219-84
1852.219-85
1852.225-8
1852.225-70
1852.225-71
1852.225-72
1852.225-73
1852.225-74
1852.226-70
1852.226-71
1852.226-72
1852.226-73
1852.226-74
1852.227-11
1852.227-14
1852.227-17
1852.227-70
1852.227-71
1852.227-72
1852.227-84
1852.227-85
1852.227-86
1852.227-88
1852.228-70
1852.228-71
1852.228-75
1852.228-76
1852.228-78
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Reserved.
Phased Procurement Using Down-Selection Procedures.
Phased Procurement Using Progressive Competition
Down-Selection Procedures.
Special 8(a) contract conditions
Notification of competition limited to eligible 8(a) concerns
Small Business Subcontracting Plan.
Individual Subcontracting Reports.
NASA Small Business Supplier Development Program.
Mentor Requirements and Evaluation.
Limitation on Subcontracting – SBIR Phase I Program.
Limitation on Subcontracting – SBIR Phase II Program.
Limitation on Subcontracting – STTR Program.
Limitation of the Principal Investigator – SBIR Program.
Limitation of the Principal Investigator – STTR Program.
Conditions for Final Payment – SBIR and STTR Contracts.
Duty-Free Entry of Space Articles.
Export Licenses.
Restriction on Funding Activity with China.
Restriction on Funding Activity with China – Representation.
Travel Outside of the United States.
Emergency Medical Services and Evacuation.
Drug and Alcohol-Free Workplace.
Safety and Health Measures and Mishap Reporting.
Safety and Health Plan.
Major Breach of Safety or Security.
Safety and Health Plan (Short Form)
Patent Rights--Retention by the Contractor (Short Form).
Rights in Data--General.
Reserved.
New Technology.
Requests for Waiver of Rights to Inventions.
Designation of New Technology Representative and Patent
Representative.
Patent Rights Clauses.
Invention Reporting and Rights--Foreign.
Commercial Computer Software – Licensing.
Government-furnished computer software and
related technical data
Aircraft Ground and Flight Risk.
Aircraft Flight Risks.
Minimum Insurance Coverage.
Cross-Waiver of Liability for International Space Station
Activities.
Cross-Waiver of Liability for Science or Space Exploration
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1852.228-80
1852.228-81
1852.228-82
1852.231-70
1852.232-70
1852.232-77
1852.232-79
1852.232-80
1852.232-81
1852.232-82
1852.233-70
1852.234-1
1852.234-2
1852.235-70
1852.235-71
1852.235-72
1852.235-73
1852.235-74
1852.236-71
1852.236-72
1852.236-73
1852.236-75
1852.237-70
1852.237-71
1852.237-72
1852.237-73
1852.239-70
1852.240-75
1852.240-76
1852.242-72
1852.242-73
1852.243-72
1852.245–70
1852.245–71
1852.245–72
1852.245–73
1852.245–74
1852.245–75
1852.245–76
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Activities Unrelated to the International Space Station.
Insurance — Immunity from Tort Liability.
Insurance — Partial Immunity from Tort Liability.
Insurance — Total Immunity from Tort Liability.
Precontract Costs.
NASA Modification of FAR 52.232-12.
Limitation of Funds (Fixed-Price Contract).
Payment for On-Site Preparatory Costs.
Submission of Vouchers for Payment.
Contract Funding.
Submission of Requests for Progress Payments.
Protests to NASA.
Notice of Earned Value Management System.
Earned Value Management System.
NASA Scientific and Technical Information (STI) Compliance
and Distribution Services.
Essential Personnel and Facilities.
Instructions for Responding to NASA Research
Announcements.
Final Scientific and Technical Reports.
Additional Reports of Work—Research and Development.
Additive or Deductive Items.
Bids with Unit Prices.
Hurricane Plan.
Partnering for Construction Contracts.
Emergency Evacuation Procedures.
Pension Portability.
Access to Sensitive Information.
Release of Sensitive Information.
Authorization for Radio Frequency Use.
Security Classification Requirements.
Security Requirements for Unclassified Information
Technology Resources.
Denied Access to NASA Facilities.
NASA Contractor Financial Management Reporting.
Equitable Adjustments.
Contractor requests for Government-provided property.
Installation-accountable Government property.
Liability for Government property furnished for repair or
other services.
Financial reporting of NASA property in the custody of
contractors.
Identification and marking of Government equipment.
Property management changes.
List of Government property furnished pursuant to FAR
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Part 1852 Solicitation Provisions and Contract Clauses
52.245–1.
List of Government property furnished pursuant to FAR
52.245–2.
Physical inventory of capital personal property
Records and disposition reports for Government property
with potential historic or significant real value.
Government property management information.
List of available Government property.
Occupancy management requirements.
Real property management requirements.
Reserved.
Government Contract Quality Assurance.
Material Inspection and Receiving Report.
Human Space Flight Item.
Contractor Counterfeit Electronic Part Detection and Avoidance.
Protection of the Florida Manatee.
Advance Notice of Shipment.
Bills of Lading.

1852.245–77
1852.245–78
1852.245–79
1852.245–80
1852.245–81
1852.245–82
1852.245–83
1852.246-70
1852.246-71
1852.246-72
1852.246-73
1852.246-74
1852.247-71
1852.247-72
1852.247-73
SUBPART
1852.300
1852.301

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1852.3

PROVISION AND CLAUSE MATRIX
Scope of subpart
Solicitation Provisions and Contract Clauses (Matrix)

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Part 1852 Solicitation Provisions and Contract Clauses
PART 1852
SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1852.000 Scope of part.
This part, in conjunction with FAR Part 52—
(a) Sets forth the provisions and clauses prescribed in the NFS;
(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).
Subpart 1852.1—RESERVED

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Part 1852 Solicitation Provisions and Contract Clauses
Subpart 1852.2—Text 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
(SEP 2025) (DEVIATION)
(a) The Contractor must 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.
(End of clause)
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
(SEP 2025) (DEVIATION)
(a) The Contractor must 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. 4701, as described in subpart 1803.9 of the NASA FAR Supplement.
(b) The Contractor must include the substance of this clause, including this paragraph (b),
in all subcontracts.
(End of clause)
1852.208-81 Restrictions on Printing and Duplicating.
As prescribed in 1808.570, insert the following clause:
RESTRICTIONS ON PRINTING AND DUPLICATING
(SEP 2025) (DEVIATION)
(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 must 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
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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 x 11 inches (215 x 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 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 NPD 1490.1,
NASA Printing, Duplicating, and Copying Management.
(f) The Contractor must 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)
1852.208-82 Federal Automotive Statistical Tool Reporting
As prescribed in 1808.170, insert the following clause:
FEDERAL AUTOMOTIVE STATISTICAL TOOL REPORTING
(MAR 2026)
If authorized to operate Government-owned or leased vehicles, including General Service
Agency (GSA) Fleet vehicles or related services in performance of this contract, the Contractor
must 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.inl.gov.
(End of clause)
1852.209-71 Limitation of Future Contracting.
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As prescribed in 1809.209-71 the contracting officer may insert a clause substantially as follows in
solicitations and contracts, in compliance with FAR 9.507-2:
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 of 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 or 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 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 compete with those other companies.
(End of clause)
1852.209-72 Reserved.
1852.214-70 Caution to Offerors Furnishing Descriptive Literature.
As prescribed in 1814.207-70(a), insert the following provision:
CAUTION TO OFFERORS FURNISHING DESCRIPTIVE LITERATURE
(DEC 2025) (DEVIATION)
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

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as such in order to preclude any need for the Government to interpret the bidder's intent in
submitting descriptive literature. See FAR 14.206.
1852.214-71 Award Grouping.
As prescribed in 1814.207-70(b), insert the following provision:
AWARD GROUPING
(DEC 2025) (DEVIATION)
(a) The Government will evaluate bids and make award on a basis of the aggregate bids for items
[Insert the item numbers and/or descriptions, or insert, “Not Applicable”].
(b) The Government will not consider, and reject as nonresponsive, a bid for quantities of items
less than the full quantities specified in this Invitation for Bids.
(End of provision)
1852.215-77 Preproposal/Pre-bid Conference.
As prescribed in 1815.2110-70(a), insert the following provision:
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/pre-bid
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-specific security requirements for this pre-proposal/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
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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/pre-bid conference will be made available to all potential offerors via the GPE.
(End of provision)
1852.215-78 Make or Buy Program Requirements.
As prescribed in 1815.110-70(b), insert the following provision:
MAKE OR BUY PROGRAM REQUIREMENTS
(DEC 2025)(DEVIATION)
The offeror must submit a Make-or-Buy Program in accordance with the requirements of Federal
Acquisition Regulation (FAR) 15.405-2. 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

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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 make-or-buy decisions when categorization of some
items or work efforts is impracticable at the time of submission.
(End of provision)
1852.215-79 Price Adjustment for "Make-or-Buy" Changes.
As prescribed in 1815.110-70 (c), 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)
1852.215-81 Proposal Page Limitations.
As prescribed in 1815.110-70(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.

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Proposal Section
(List each volume
or section)

Page Limit
(Specify limit)

[Proposal
Subsection
(List each
subsection
(e.g. Offeror’s
Subcontracting
Plan should not
exceed 20
pages)

(b) A page is defined as one side of a sheet, 8 1/2" x 11", with at least one inch margins
on all sides, using not smaller than 12 point type. Foldouts count as an equivalent number of 8
1/2" x 11" pages. The metric standard format most closely approximating the described standard
8 1/2" x 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 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)
1852.215-84 Ombudsman.
As prescribed in 1815.110-70 (e), insert the following clause:
OMBUDSMAN
(NOV 2023)
(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
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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.
(c)
If resolution cannot be made by the contracting officer, interested parties may
contact the installation ombudsman, whose name, address, telephone number, facsimile number,
and e-mail address may be found at:
https://www.hq.nasa.gov/office/procurement/regs/Procurement-Ombuds-Comp-AdvocateListing.pdf. 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 solicitation, verify offer due date, or
clarify technical requirements. Such inquiries shall be directed to the Contracting Officer or as
specified elsewhere in this document.
(End of clause)
1852.215-85 Proposal Adequacy Checklist.
As prescribed in 1815.110-70(f), use the following provision:
PROPOSAL ADEQUACY CHECKLIST
(DEC 2025) (DEVIATION)
The offeror must 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

SUBMISSION
ITEM

PROPOSAL
PAGE No.

If not
provided
EXPLAIN
(may use
continuation
pages
traceable to
this checklist)

GENERAL INSTRUCTIONS
1.

FAR 15.408-2,
Table 15-1,
Section I
Paragraph A

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Is there a properly completed first
page of the proposal per FAR
15.408-2 Table 15-1 I.A or as
specified in the solicitation?

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2.

FAR 15.408-2,
Table 15-1,
Section I
Paragraph A(7)

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.

3.

FAR 15.408-2,
Table 15-1,
Section I
Paragraph A(8)

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?

4.

FAR 15.408-2,
Does the proposal disclose any
Table 15-1,
other known activity that could
Section I,
materially impact the costs?
Paragraph C(1)
This may include, but is not
FAR 2.101, “Cost limited to, such factors as—
or pricing data” (1) Vendor quotations;
(2) Nonrecurring costs;
(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.

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5.

FAR 15.408-2,
Table 15-1,
Section I
Paragraph B

6.

FAR 15.403-2(b) Are there any exceptions to
submission of certified cost or
pricing data pursuant to FAR
15.403-2(b)? If so, is supporting
documentation included in the
proposal? (Note questions 18-20.)

7.

FAR 15.408-2,
Does the proposal disclose the
Table 15-1,
judgmental factors applied and the
Section I
mathematical or other methods
Paragraph C(2)(i) used in the estimate, including
those used in projecting from
known data?

8.

FAR 15.408-2,
Table 15-1,
Section I
Paragraph
C(2)(ii)

9.

FAR 15.408-2,
Does the proposal explain the basis
Table 15-1,
of all cost estimating relationships
Section II,
(labor hours or material) proposed
Paragraph A or B on other than a discrete basis?

10.

FAR 15.408-2,
Is there a summary of total cost by
Table 15-1,
element of cost and are the
Section I
elements of cost cross-referenced
Paragraphs D and to the supporting cost or pricing
E
data? (Breakdowns for each cost
element must be consistent with
your cost accounting system,
including breakdown by year.)

11.

FAR 15.408-2,
If more than one Contract Line
Table 15-1,
Item Number (CLIN) or sub
Section I
Contract Line Item Number (subParagraphs D and CLIN) is proposed as required by
E
the RFP, are there summary total
amounts covering all line items for
each element of cost and is it

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Is an index of all certified cost or
pricing data and information
accompanying or identified in the
proposal provided and
appropriately referenced?

Does the proposal disclose the
nature and amount of any
contingencies included in the
proposed price?

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cross-referenced to the supporting
cost or pricing data?
12.

FAR 15.408-2,
Table 15-1,
Section I
Paragraph F

Does the proposal identify any
incurred costs for work performed
before the submission of the
proposal?

13.

FAR 15.408-2,
Table 15-1,
Section I
Paragraph G

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 15.408-2,
Table 15-1,
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)
15.

FAR 15.408-2,
Table 15-1,
Section II,
Paragraph A
Section II
FAR 15.403-3(a)
FAR 52.244-2

Per the thresholds of FAR 15.4033(a),Does the proposal include a
copy of the applicable
subcontractor’s certified cost or
pricing data?

16.

FAR 15.408-2,
Table 15-1,

Is there a price/cost analysis
establishing the reasonableness of

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Note 1;
Section II
Paragraph A

each of the proposed subcontracts
included with the proposal?
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
product and
commercial
service”

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Has the offeror submitted an
exception to the submission of
certified cost or pricing data for
commercial products and
commercial services 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 product and
commercial service), and the basis
on which the item meets the
definition?
b. For modified commercial
product and commercial service
(FAR 2.101 commercial product
and service definition did the
offeror classify the modification(s)
as either—
i. A modification of a type
customarily available in the
commercial marketplace; or
ii. A minor modification of a type
not customarily available in the
commercial marketplace made to
meet Federal Government
requirements not exceeding the
thresholds in FAR 15.4032(c)(3)(iii)(B)?
c. For proposed commercial
product and commercial service
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“of a type”, or “evolved” or
modified (FAR 2.101 commercial
product and commercial service
definition, did the contractor
provide a technical description of
the differences between the
proposed item and the comparison
item(s)?
18.

FAR 15.408-2,
Table 15-1,
Section II
Paragraph A(1)

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 15.408-2,
Table 15-1,
Section II
Paragraph A.(2)

For inter-organizational transfers
proposed at cost, does the proposal
include a complete cost proposal in
compliance with Table 15-1?

20.

FAR 15.408-2,
Table 15-1,
Section II
Paragraph A(1)

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 15.403-2?

DIRECT LABOR
21.

FAR 15.408-2,
Table 15-1,
Section II
Paragraph B

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.

22.

FAR 15.408-2,
Table 15-1,
Section II
Paragraph B

For labor Basis of Estimates
(BOEs), does the proposal include
labor categories, labor hours, and
task descriptions, (e.g.; Statement

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of Work reference, applicable
CLIN, Work Breakdown Structure,
rationale for estimate, applicable
history, and time-phasing)?
23.

FAR subpart
22.10

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?

INDIRECT COSTS
24.

FAR 15.408-2,
Table 15-1,
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.)

OTHER COSTS
25.

FAR 15.408-2,
Table 15-1,
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)?

26.

FAR 15.408-2,
Table 15-1,
Section II
Paragraph E

If royalties exceed $1,500 does the
proposal provide the
information/data identified by
Table 15-1?

27.

FAR 15.408-2,
Table 15-1,
Section II
Paragraph F

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?

FORMATS FOR SUBMISSION OF LINE ITEM SUMMARIES

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28.

FAR 15.408-2,
Table 15-1,
Section III

Are all cost element breakdowns
provided using the applicable
format prescribed in FAR 15.4082, Table 15-1 III? (or alternative
format if specified in the request
for proposal)

29.

FAR 15.408-2,
Table 15-1,
Section III
Paragraph B

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 15.408-2, Table 15-1.III.B?

30.

FAR 15.408-2,
Table 15-1,
Section III
Paragraph C

For price
revisions/redeterminations, does
the proposal follow the format in
FAR 15.408-2, Table 15-1.III.C?

OTHER
31.

FAR 16.4

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?

32.

FAR 16.203-4
and FAR
15.408-2, Table
15-1, Section II,
Paragraphs A, B,
C, and D

If Economic Price Adjustments are
being proposed, does the proposal
show the rationale and application
for the economic price adjustment?

33.

FAR 52.232-28

If the offeror is proposing
Performance-Based Payments did
the offeror comply with FAR
52.232-28?

34.

FAR 15.110(v)
FAR 52.215-22
FAR 52.215-23

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

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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)?
(End of provision)
1852.216-72 Award term.
As prescribed in 1816.406-70(g), insert the following clause:
AWARD TERM
(AUG 2017)
(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.
(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—

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(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
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 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)
1852.216-73 Estimated Cost and Cost Sharing.
As prescribed in 1816.305-70(a), insert the following clause:
ESTIMATED COST AND COST SHARING
(DEC 2025) (DEVIATION)

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$

(a) It is estimated that the total cost of performing the work under this contract will be
.

(b) For performance of the work under this contract, the contractor shall be reimbursed
for not more than
percent of the costs of performance determined to be allowable under the
Allowable Cost and Payment clause. The remaining
percent or more 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
[insert "Limitation of Cost" or "Limitation of Funds"]
clause, the total estimated cost to the Government is hereby established as $
(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)
1852.216-74 Estimated Cost and Fixed Fee.
As prescribed in 1816.305-70(b), insert the following clause:
ESTIMATED COST AND FIXED FEE
(DEC 1991)
The estimated cost of this contract is
estimated cost and fixed fee is
.

exclusive of the fixed fee of

. The total

(End of clause)
1852.216-75 Payment of Fixed Fee.
As prescribed in 1816.305-70(c), insert the following clause:
PAYMENT OF FIXED FEE
(DEC 2025) (DEVIATION)
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)
1852.216-76 Award Fee for Service Contracts.
As prescribed in 1816.406-70(a), insert the following clause:
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AWARD FEE FOR SERVICE CONTRACTS
(DEC 2025) (DEVIATION)
(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-Determining 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.
(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.

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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
1816.402-472(a).]
(End of clause)
1852.216-77 Award Fee for End Item Contracts.
As prescribed in 1816.406-70(b), insert the following clause:
AWARD FEE FOR END ITEM CONTRACTS
(DEC 2025) (DEVIATION)
(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 self-evaluations 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.
(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

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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 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
1816.402-472(a).]
(End of clause)
1852.216-78 Firm-Fixed-Price.
As prescribed in 1816.202-70, insert the following clause:
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FIRM-FIXED-PRICE
(DEC 2025) (DEVIATION)
The total firm-fixed-price of this contract is $[Insert the appropriate amount].
(End of clause)
1852.216-80 Task Ordering Procedure.
As prescribed in 1816.505-70, insert the following clause:
TASK ORDERING PROCEDURE
(DEC 2025) (DEVIATION)
(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 data:
(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 information, and any other information
required to determine the reasonableness of the contractor's proposal.
(c) Within ____ 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.
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(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 acknowledgment of receipt to the contracting officer
within ____ 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.
issued.

(g) The contracting officer may amend tasks in the same manner in which they were

(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 1816.505-70(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.
(6) Cost summary of the status of all task orders issued under the contract.
(7) Invoice number.
ALTERNATE II
(APR 2018)
As prescribed in 1816.505-70(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.
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(4) Status of all task orders issued under the contract.
(5) Invoice number.
1852.216-81 Estimated Cost.
As prescribed in 1816.305-70(d), insert the following clause:
ESTIMATED COST
(DEC 1988)
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.
(End of clause)
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 $ . The Target profit of this contract is $
. The target
price (target cost plus target profit) of this contract is $ . [The ceiling price is $
.]
The cost sharing for target cost underruns is:
Government ____percent
Contractor ____percent.
The cost sharing for target cost overruns is:
Government ____percent
Contractor ____percent.
(End of clause)
1852.216-84 Estimated Cost and Incentive Fee.
As prescribed in 1816.406-70(d), insert the following clause:
ESTIMATED COST AND INCENTIVE FEE
(OCT 1996)
The target cost of this contract is $ . The target fee of this contract is $
. The total target
cost and target fee as contemplated by the Incentive Fee clause of this contract are $
.
The maximum fee is $____.
The minimum fee is $____.
The cost sharing for cost underruns is:
Government ____percent Contractor ____percent.
The cost sharing for cost overruns is:
Government ____percent Contractor ____percent.
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(End of clause)
1852.216-85 Estimated Cost and Award Fee.
As prescribed in 1816.406-70(e), insert the following clause:
ESTIMATED COST AND AWARD FEE
(SEP 1993)
The estimated cost of this contract is $
. The maximum available award fee,
excluding base fee, if any, is $
. The base fee is $
. Total estimated cost, base fee, and
maximum award fee are $
.
(End of clause)
ALTERNATE I
(SEP 1993)
As prescribed in 1816.406-70(e), insert the following sentence at the end of the clause:
The maximum positive performance incentive is $
performance incentive is (1) .

. The maximum negative

(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)
1852.216-87 Reserved.
1852.216-88 Performance Incentive.
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)

The performance incentive will measure the performance of those items against the
salient performance requirement, called "unit(s) of measurement," e.g., months in service or
amount of data transmitted, identified below. The performance incentive becomes effective
when the hardware is put into service. It includes a standard performance level, a positive
incentive, and a negative incentive, which are described in this clause.

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(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) 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) per item. The units of
measurement and the incentive amounts associated with achieving each unit are shown below:
(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) . 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 1816.402270(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).

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(6) Insert all units of measurement and associated dollar amounts up to the
maximum negative performance incentive.
(End of clause)
1852.216-89 Assignment and Release Forms.
As prescribed in 1816.305-70(f), insert the following clause:
ASSIGNMENT AND RELEASE FORMS
(DEC 2025) (DEVIATION)
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)
1852.216-90 Allowability of legal costs incurred in connection with a whistleblower
proceeding.
As prescribed in 1816.305-70(g), use the following clause:
ALLOWABILITY OF LEGAL COSTS INCURRED IN CONNECTION WITH A
WHISTLEBLOWER PROCEEDING
(JUL 2023)
Pursuant to section 827 of the National Defense Authorization Act for Fiscal year 2013
(Pub. L. 112-239), notwithstanding FAR 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. 4701, 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. 4701 are also unallowable if the result is an
order to take corrective action under 10 U.S.C. 4701.
(End of clause)
1852.217-70 Reserved.
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1852.217-71 Phased Acquisition Using Down-Selection Procedures.
As prescribed in1817.7002 (a) insert the following clause:
PHASED ACQUISITION USING DOWN-SELECTION PROCEDURES
(SEP 2025) (DEVIATION)
(a) This solicitation is for the acquisition of ______ [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 _____ [insert purpose of phase]. Phase 2 is for _____ [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 Part 5 unless one of the exceptions in FAR 5.3 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 contractors. This demonstration must include the following
Phase 1 deliverables upon which Phase 2 award will be based: _____ [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 1 contractors, submission
of the Phase 2 proposal is not a requirement of the Phase 1 contract. Accordingly, the costs of
preparing these proposals must not be a direct charge to the Phase 1 contract or any other
Government contract.

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(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)
1852.217-72 Phased Acquisition Using Progressive Competition Down-Selection
Procedures.
As prescribed in1817.7002 (b), insert the following clause:
PHASED ACQUISITION USING PROGRESSIVE COMPETITION
DOWN-SELECTION PROCEDURES
(SEP 2025) (DEVIATION)
(a) This solicitation is for the acquisition of ________ [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 contractors after a competitive down-selection.
(b) Phase 1 is for the ________ [insert purpose of phase]. Phase 2 is for ________
[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 ________
[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 Part 5 unless one of the exceptions in FAR 5.3 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 all the material furnished to the Phase 1 contractors 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 must include the following
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Phase 1 deliverables upon which Phase 2 award will be based: ________ [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 must 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)
1852.219-11 Special 8(a) Contract Conditions.
As prescribed in 1819.108-70(c), 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:
________________________________________
________________________________________
________________________________________
[insert name and address of cognizant SBA office]
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(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 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)
1852.219-18 Notification of Competition Limited to Eligible 8(a) Concerns.
As prescribed in 1819.108-70(d), insert the following clause:
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.

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(2) The ____________ [insert name of SBA's contractor] will notify the
____________ [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.
(End of clause)
1852.219-73 Small Business Subcontracting Plan.
As prescribed in 1819.109, insert the following provision:
SMALL BUSINESS SUBCONTRACTING PLAN
(MAY 1999)
(a) This provision is not applicable to small business concerns.
(b) The contract expected to result from this solicitation will contain FAR clause 52.2199, "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)
1852.219-74 Reserved.
1852.219-75 Individual Subcontracting Reports.
As prescribed in 1819.109, 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)
1852.219-77 NASA Small Business Supplier Development Program.
As prescribed in 1819.7208, insert the following clause:
NASA SMALL BUSINESS SUPPLIER DEVELOPMENT PROGRAM
(FEB 2026)(DEVIATION)
(a) NASA prime contractors are encouraged to participate as mentors in the NASA Small
Business Supplier Development Program (the Program) for the purpose of providing
developmental assistance to eligible protégés to enhance their capabilities and increase

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their participation in NASA, other Government, and in commercial contracts and
subcontracts.
(b) The Program consists of—
(1) Mentors, which are large business prime contractors or research institutions
performing a NASA contract with an individual small business subcontracting
plan.
(2) Protégés, which qualify as:
(i) A small business concern;
(ii) A Historically Black College or University, as defined in FAR 52.226-2;
(iii)A Minority-serving institution, as defined in 47 U.S.C. 1306(a)(10); or
(iv) An entity participating in the AbilityOne Program.
(3) Mentor-protégé agreements (MPA) approved by the Contracting Officer and the
NASA Office of Small Business Programs (OSBP), and incorporated into the
contract.
(c) Incentives for mentor participation in the Program include credit towards small business
subcontracting plan goals for costs incurred and, when applicable, award fee
considerations in accordance with NFS 1816.402-474.
(d) Learn more about the Program here - https://www.nasa.gov/osbp/supplier-developmentprogram/
(End of clause)

1852.219-79 Mentor Requirements and Evaluation.
As prescribed in 1819.7204, insert the following clause:
MENTOR REQUIREMENTS AND EVALUATION
(FEB 2026)(DEVIATION)
(a) Mentor-Protégé Agreement (MPA) number ______________________ and its terms and
conditions are incorporated into the contract.
(b) NASA will evaluate the Contractor's performance on the following factors in the
subcontracting element in the Contractor Performance Assessment Reporting System
(CPARS). If the contract includes an award fee incentive, this evaluation will also be
included as part of the subcontracting element in the award fee evaluation process.
(1) Compliance with the MPA’s terms and conditions;
(2) Specific actions taken by the Contractor (mentor), during the evaluation period, to
increase the protégé’s participation in NASA, other Government, and in
commercial contracts and subcontracts;
(3) Specific actions taken by the Contractor (mentor) during the evaluation period to
develop protégé capabilities, as defined in the MPA; and
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(4) The extent to which the mentor and protégé have met MPA milestones.
(c) The mentor may count costs incurred for providing assistance to the protégé pursuant to
the MPA in its Summary Subcontracting Reports (SSRs) and Individual Subcontracting
Reports (ISRs) as if the costs were incurred by a subcontract(s) awarded to the protégé.
Any dollar amount included for this purpose must be quantified and explained in the
remarks or comments section of the SSR or ISR.
(End of clause)
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)
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)
1852.219-82 Limitation on Subcontracting – STTR Program.
As prescribed in 1819.7302(c), insert the following clause:
LIMITATION ON SUBCONTRACTING – STTR PROGRAM
(OCT 2006)

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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 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)
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)
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].
(End of clause)

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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)
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 USC, Section 287, False Claims.
(End of clause)
1852.225-8 Duty-Free Entry of Space Articles. (FEB 2000).
As prescribed in 1825.904, 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)
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1852.225-70 Export Licenses.
As prescribed in 1825.603-70(b), insert the following clause:
EXPORT LICENSES
(DEC 2025)(DEVIATION)
(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 through 130,
and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 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.
(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
(DEC 2025)(DEVIATION)
As prescribed in 1825.603-70(b), add the following paragraph (e) as Alternate I to the clause:
(e) The contractor may request, in writing, that the contracting officer authorize 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.
1852.225-71 Restriction on Funding Activity with China.
As prescribed in 1825.7001-70(a), insert the following clause:
RESTRICTION ON FUNDING ACTIVITY WITH CHINA
(DEC 2025)(DEVIATION)

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(a) Definition - “China” or “Chinese-owned company” means the People’s Republic of
China, any company owned by the People’s Republic of China, or any company incorporated under
the laws of the People’s Republic of China.
(b) Public Laws 112-10, Section 1340(a) and 112-55, Section 539, restrict NASA from
contracting to participate, collaborate, coordinate bilaterally in any way with China or a Chineseowned company using funds appropriated on or after April 25, 2011. Contracts for commercial and
non-developmental items are exempted from the prohibition because they constitute purchase of
goods or services that would not involve participation, collaboration, or coordination between the
parties.
(c) This contract may use restricted funding that was appropriated on or after April 25, 2011.
The contractor shall not contract with China or Chinese-owned companies for any effort related to
this contract except for acquisition of commercial and non-developmental items. If the contractor
anticipates making an award to China or Chinese-owned companies, the contractor must contact the
contracting officer to determine if funding on this contract can be used for that purpose.
(d) Subcontracts. The contractor shall include the substance of this clause in all subcontracts
made hereunder.
(End of clause)

1852.225-72 Restriction on Funding Activity with China - Representation.
As prescribed in 1825.7001-70(b), insert the following provision:
RESTRICTION ON FUNDING ACTIVITY WITH CHINA - REPRESENTATION
(DEC 2025)(DEVIATION)
(a) Definition - “China” or “Chinese-owned” means the People’s Republic of China, any
company owned by the People’s Republic of China, or any company incorporated under the laws
of the People’s Republic of China.
(b) Public Laws 112-10, Section 1340(a) and 112-55, Section 536, restrict NASA from
contracting to participate, collaborate, or coordinate bilaterally in any way with China or a
Chinese-owned company with funds appropriated on or after April 25, 2011. Contracts for
commercial and non-developmental items are excepted from the prohibition as they constitute
purchase of goods or services that would not involve participation, collaboration, or coordination
between the parties.
(c) Representation. By submission of its offer, the offeror represents that the offeror is not
China or a Chinese-owned company.
(End of provision)
1852.225-73 Travel Outside of the United States.
As prescribed in 1825.7101(a), insert the following clause:
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TRAVEL OUTSIDE OF THE UNITED STATES
(FEB 2026)
(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 must submit requests to the contracting officer at least 30 days in
advance of the start of the travel.
(c) The contractor must 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)
1852.225-74 Emergency Medical Services and Evacuation.
As prescribed in 1825.7101(b), insert the following clause:
EMERGENCY MEDICAL SERVICES AND EVACUATION
(FEB 2026)
The contractor must, 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 must reimburse the Government for the costs incurred.
(End of clause)
1852.226-70 Drug- and Alcohol-Free Workforce.
As prescribed in 1826.570, insert the following clause:
DRUG- AND ALCOHOL-FREE WORKFORCE
(FEB 2026)
(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.
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“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.
(b)(1) The contractor must institute and maintain a program for achieving a drug-and alcoholfree workforce. As a minimum, the program must provide for preemployment, 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 NASA
Procedural Requirements (NPR) 3792.1, NASA’s Plan for a Drug Free Workplace, on “Testing
Designated Positions" (TDPs) for Federal employees, 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 clause does not authorize the
contractor to violate foreign law in conducting such testing.
(4) The Contractor's program must 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 must 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 must 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 must not be subject to the requirements of this clause.
(5) The contractor must 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 must
provide the results of post-accident testing to the contracting officer.
(c)(1) The contractor's program must 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 individual has used,
in violation of applicable law or Federal regulation, alcohol or a controlled substance.
(2) The contractor's program must 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.
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(3) The contractor's program must 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 must institute and maintain an appropriate rehabilitation program which must,
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 must 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 must 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 products and services (see FAR Parts 2 and 12).
(End of clause)
1852.226-71 Safety and Health Measures and Mishap Reporting.
As prescribed in 1826.7001(a), insert the following clause:
SAFETY AND HEALTH MEASURES AND MISHAP REPORTING
(FEB 2026)
(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
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(including contractor employees working on NASA contracts), and (4) high-value equipment
and property.
(b) The contractor must take all reasonable safety and occupational health measures in
performing this contract. The contractor must 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 must 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 must 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 must be determined pursuant to the procedures of the changes
clause of this contract; provided, that no adjustment must 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 must 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) must 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.
(e) The contractor must 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 must promptly take any
necessary corrective action.
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(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 must 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)
1852.226-72 Safety and Health Plan.
As prescribed in 1826.7001(c), insert the following provision:
SAFETY AND HEALTH PLAN
(FEB 2026)
(a) The offeror must submit a detailed safety and occupational health plan as part of its
proposal. The plan must 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.
(b) The plan must 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 provision)
ALTERNATE I
(FEB 2026)
As prescribed in 1826.7001(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, must submit a detailed safety
and occupational health plan. The plan must be submitted within the time specified by the
contracting officer. Failure to submit an acceptable plan must make the bidder ineligible for the
award of a contract.

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1852.226-73 Major Breach of Safety or Security.
As prescribed in 1826.7001(e)(1), insert the following clause:
MAJOR BREACH OF SAFETY OR SECURITY
(FEB 2026)
(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 must report the breach to
the contracting officer. If directed by the contracting officer, the contractor must conduct its own
investigation and report the results to the Government. The contractor must cooperate with the
Government investigation, if conducted.
(End of clause)
ALTERNATE I
(FEB 2026)
As prescribed in 1826.7001(e)(2), substitute the following paragraphs (a) and (b) for paragraphs
(a) and (b) of the basic clause:

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(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.
1852.226-74 Safety and Health (Short Form).
As prescribed in 1826.7001(f), insert the following clause:
SAFETY AND HEALTH (SHORT FORM)
(FEB 2026)
(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 must 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 must 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.
(End of clause)

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1852.227-11 Patent Rights—Ownership by the Contractor (JUN 2026) (DEVIATION).
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) Adding the following subparagraph (iii) to paragraph (e)(1) of the basic clause;
(3) Using the following paragraph (j) in lieu of paragraph (j) of the basic clause; and
clause:

(4) Using the following subparagraph (2) in lieu of subparagraph (k)(2) of the basic

(5) The contractor must report all subject inventions required in 52.227-11(c)(1) to
NASA by:
i.
First, completing input of all such subject inventions into the National Institute of
Standards and Technology (NIST) iEdison website at https://www.nist.gov/iedison. No
such input shall be considered to be complete until the iEdison system assigns
the inputted report an Invention Report Number.
ii.
Next, to complete the process of disclosing the invention to NASA, the contractor shall
report the resulting number to:
(A) The Contracting Officer’s Representative (COR);
(B) The New Technology Representative (identified in this contract at 1852.227.72);
(C) The Patent Representative (identified in this contract at 1852.227.72); and
(D) The Contracting Officer (CO).
iii. The contractor must complete the disclosure by the deadline stated in 52.227-11(c)(1).
(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) Upon request, the name and iEdison Invention Report Number (IRN) of any
invention required to be reported into iEdison, either (1) periodically, but not more frequently
than annually; and/or (2) prior to contract closeout, either listing the names and IRNs of all such
inventions or stating that there were none.
(ii) An irrevocable power to inspect and make copies of the patent application
file, by the Government, when a Federal Government employee is a coinventor.
(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.
(End of addition)

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(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 1852.22770, 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)
1852.227-14 Rights In Data--General. (JUN 2026) (DEVIATION)
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:
(iv) The contractor must 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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(2) by adding the following provision to the end of Alternate IV if used in lieu of
paragraph (c)(1) of the basic clause:
The contractor must 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)
(3) by adding subparagraph (4) to paragraph (d) of the basic clause:
(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 authorized by the
Contracting Officer in writing.
(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)
(4) Adding Alternate II of 52.227-14; and in 52.227-14 Alternate II subparagraph (g)(3), at
the end of paragraph (a) of the Limited Rights Notice, include the following subparagraphs
(i) through (v):
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(i) Use (except for manufacture) by support service contractors.
(ii) Evaluation by nongovernment evaluators.
(iii) Use (except for manufacture) by other contractors participating in the Government’s
program of which the specific contract is a part.
(iv) Maintenance, repair, or overhaul, including any right-to-repair activities.
(v) Release to a foreign government, or its instrumentalities, if required to serve the
interests of the U.S. Government, for information or evaluation, or for emergency repair or
overhaul work by the foreign government.
(End of addition)
1852.227-17 Reserved.
1852.227-70 New Technology-Other than a Small Business Firm or Nonprofit
Organization.
As prescribed in1827.303(d)(1) insert the following clause:
NEW TECHNOLOGY—OTHER THAN A SMALL BUSINESS FIRM OR NONPROFIT
ORGANIZATION
(JUN 2026) (DEVIATION)
(a) Definitions. As used in this clause—
"Administrator" means the Administrator or Deputy Administrator of the National Aeronautics and
Space Administration (NASA).
"Contract" has the meaning provided in the Federal Acquisition Regulation (FAR), Subpart
2.1-Definitions.
"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)), 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
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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.
"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
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.).
(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 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
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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 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
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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 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 must report all reportable items required in paragraph (e)(2)
above to NASA by:
(i) First, completing input of all such subject inventions into the National Institute
of Standards and Technology (NIST) iEdison website at https://www.nist.gov/iedison. No such
input shall be considered to be complete until the iEdison system assigns the inputted report an
Invention Report Number.
(ii) Next, to complete the process of disclosing the invention to NASA, the
contractor shall report the resulting number to:
(A) The Contracting Officer’s Representative (COR);
(B)
The New Technology Representative (identified in this contract at
1852.227.72);
(C)
The Patent Representative (identified in this contract at 1852.227.72);
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and

(D)
The Contracting Officer (CO).
(iii) The contractor shall complete the disclosure by the deadline stated in paragraph (e)
(2) above.
(4)
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.
(5)
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, 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) 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
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delivers to the Contracting Officer all disclosures of reportable items required by
paragraph (e)(2) 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 1852.277-11, (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 subparagraph (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
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(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)
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:
REQUESTS FOR WAIVER OF RIGHTS TO INVENTIONS
(JAN 2026)(DEVIATION)
(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
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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 shall 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. 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.
(End of provision)
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
(JUN 2026) (DEVIATION)
(a)
For purposes of administration of the clause of in this contract entitled either “New
Technology-Other than a Small Business Firm or Nonprofit Organization” or “Patent
Rights—Ownership by the Contractor,” the cognizant center New Technology
Representatives and Patent Representatives identified at
https://prod.nais.nasa.gov/pub/pub_library/techrep.html are hereby designated by the Contracting
Officer to administer such clause for the installation(s) involved.
(b)

Disclosures of reportable items and of subject inventions, utilization reports, and other

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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, must 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 must be directed to the Patent Representative. This clause
must 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.
(End of clause)
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 be a small business or a nonprofit organization:
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.
(End of Provision)
1852.227-85 Invention Reporting and Rights—Foreign.
As prescribed in 1827.303(e)(1), insert the following clause:
INVENTION REPORTING AND RIGHTS--FOREIGN
(JUN 2026) (DEVIATION)
(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 must report promptly to the Contracting Officer each invention made
in the performance of work under this contract. The report of each such invention must —
(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.

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(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 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 must 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) In each subcontract, the Contractor awards under this contract where the performance
of research, experimental design, engineering, or developmental work is contemplated, the
Contractor must 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)
1852.227-86 Commercial Computer Software – License.
As prescribed in 1827.409(g), insert the following clause:
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.
(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
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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;
(i)
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
(ii)
Disclosed and reproduced for use by Government contractors or their
subcontractors in accordance with the restricted rights in subparagraphs (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 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. .. ------------------------------ .
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(End of clause)
1852.227-88 Government-furnished computer software and related technical data.
As prescribed in 1827.409(m), insert the following clause:
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
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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.
(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 attorneys 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)
1852.228-70 Aircraft Ground and Flight Risk.

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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 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 hangers, 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
(SEP 2025)(DEVIATION)
(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.
(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.

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(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 required 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
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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 Governmentfurnished 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 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 Government-furnished 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
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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 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 damage, loss, or
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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.
(End of clause)
1852.228-71 Aircraft Flight Risks.
As prescribed in1828.311-270(a), insert the following clause:
AIRCRAFT GROUND AND FLIGHT RISK
(SEP 2025) (DEVIATION)
(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 must not be
liable to the Government for any such damage, loss, or destruction.
(b) For the purposes of this clause, the following definitions apply:
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(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.
(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 must 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 required 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.
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(c)(1) The Government's assumption of risk under this clause, as to aircraft in the open, must
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 must 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 must 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 must be made in the contract price to compensate the Contractor for any additional
costs incurred in correcting them, and the contract must 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 must 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 must, 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
must 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 must 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 must 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 must 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 must 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
fact been corrected, the Contractor must 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 must 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

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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 Government-furnished 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 Governmentfurnished property, if the damage consists of reasonable wear and tear or deterioration or results
from an inherent defect in such property, this exclusion must 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 must not extend to the first $1,000 of loss or
damage resulting from each separately occurring event. The Contractor assumes the risk of and
must 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 must not include the dollar 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 must 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 must 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

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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 must 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 must
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 must 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 damage, loss, or
destruction, the Government must 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 must be made in the amount due under this contract and in the time required for its
performance, and the contract must 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 must 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 must 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 must 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 must equitably reimburse the Government.
(2) The Contractor must 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, must at the Government's expense furnish to the Government all reasonable

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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.
(End of clause)
1852.228-75 Minimum Insurance Coverage.
As prescribed in 1828.372, insert the following clause:
MINIMUM INSURANCE COVERAGE
(SEP 2025) (DEVIATION)
The Contractor must 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 must 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 must 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 must 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 must 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 must contain a provision
worded as follows:
"The insurance company waives any right of subrogation against the United States of 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 must be at least $200,000 multiplied by
the number of seats or passengers, whichever is greater.

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(End of 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
(SEP 2025) (DEVIATION)
(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 crosswaiver of liability provision authorized by 14 CFR Part 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 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—

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(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 must
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 must 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 must, 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

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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 must
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 crosswaiver) 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;
(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 must be construed to create the basis for a claim or suit where
none would otherwise exist.
(6) This cross-waiver must not be applicable when 49 U.S.C. Subtitle IX, Chapter. 701 is
applicable.
(End of clause)
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:
CROSS-WAIVER OF LIABILITY FOR SCIENCE OR SPACE EXPLORATION ACTIVITIES
UNRELATED TO THE INTERNATIONAL SPACE STATION
(SEP 2025) (DEVIATION)
(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 must 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 crosswaiver of liability provision authorized in 14 CFR Part 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;

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(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 unrelated 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.
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 must
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 must 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

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clause.

(iv) The employees of any of the entities identified in (c)(1)(i) through (iii) of this

(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 must
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 crosswaiver) 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 must be construed to create the basis for a claim or suit where
none would otherwise exist.
(6) This cross-waiver must not be applicable when 49 U.S.C. Subtitle IX, Chapter 701 is
applicable.
(End of clause)
1852.228-80 Insurance — Immunity From Tort Liability.
As prescribed in 1828.311-270(b), insert the following provision:
INSURANCE — IMMUNITY FROM TORT LIABILITY
(SEP 2025) (DEVIATION)
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 representation 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:
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(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.
(End of provision)
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 2025)(DEVIATION)
(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 persons 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)
1852.228-82 Insurance — Total Immunity From Tort Liability.
As prescribed in 1828.311-270 (d), insert the following clause:
INSURANCE — TOTAL IMMUNITY FROM TORT LIABILITY
(SEP 2025) (DEVIATION)
(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.

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(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.
(End of clause)
1852.231-70 Precontract Costs.
As prescribed in 1831.205-70, insert the following clause:
PRECONTRACT COSTS
(AUG 2025) (DEVIATION)
The Contractor must be entitled to reimbursement for costs incurred on or after
in
an amount not to exceed $
that, if incurred after this contract had been entered into, would
have been reimbursable under this contract.
(End of clause)
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
(APR 2015)
(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 $..... 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 $..... 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 office. Payments are subject to any restrictions in other clauses of
this contract. Determinations of whether costs are properly allocable, allowable, and reasonable
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shall be in accordance with generally accepted accounting principles, subject to any applicable
subparts of Part 31of 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 $..... 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)
1852.232-77 Limitation of Funds (Fixed- Price Contract).
As prescribed in 1832.706-270(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:
LIMITATION OF FUNDS (FIXED-PRICE CONTRACT)
(MAR 1989)
(a) Of the total price of items
through
, the sum of $
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
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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
.
(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 estimate 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 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
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in paragraph (a) of this clause. 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:
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 preparatory costs will not be made
by the Government.
(End of clause)
1852.232-80 Submission of Vouchers/Invoices 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.

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(A) Breakdown of billed labor costs and associated contractor
generated supporting documentation for billed direct labor costs to include rates used and
number of hours incurred.
(B) Breakdown of billed other direct costs (ODCs) and associated
contractor generated supporting documentation for billed ODCs.
(C) Indirect rate(s) used to calculate the amount of billed indirect
expenses.
(D) Progress reports, as required.
(ii) Invoices.
(A) Description of goods and services delivered as part of the
contract’s terms and conditions, including the dates of delivery/performance.
(B) Progress reports, as required.
(C) Date goods and services were performed.
(iii) Fee vouchers.
(A) Listing of all provisionally-billed fee by period or date earned
since contract award.
(B) A reconciliation of all billed and earned fee.
(C) A clear explanation of the fee calculations.
(d) Non-electronic payment requests. The Contractor may submit a non-electronic
voucher/invoice using the steps for non-electronic payment requests described at
https://www.nssc.nasa.gov/vendorpayment, when any of the following conditions are met:
(1) The Contracting Officer administering the contract for payment has
determined, in writing, that electronic submission would be unduly burdensome to the
Contractor.
(2) The contract includes provisions allowing the contractor to submit vouchers
or invoices using the steps for non-electronic payment requests. In such instances the Contractor
agrees to submit non-electronic payment requests using the method or methods specified in
Section G of the contract.
(e) Improper vouchers/invoices. The NSSC Payment Office will notify the contractor of
any apparent error, defect, or impropriety in a voucher/invoices within seven calendar days of
receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be
directed to the NSSC as specified in paragraph (b) of this section.
(f) Other payment clauses. In addition to the requirements of this clause, the Contractor
shall meet the requirements of the appropriate payment clauses in this contract when submitting
payment requests.
(g) In the event that amounts are withheld from payment in accordance with provisions
of this contract, a separate payment request for the amount withheld will be required before
payment for that amount may be made.
(End of clause)

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1852.232-81 Contract Funding.
As prescribed in 1832.706-270(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 $
. This allotment
is for [Insert applicable item number(s), task(s), or work description]
and covers the
following estimated period of performance:
.
(b) An additional amount of $

is obligated under this contract for payment of fee.
(End of clause)

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 1833.107-70, insert the following:
PROTESTS TO NASA
(SEP 2025) (DEVIATION)
(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 must specify whether they are submitting a protest to the contracting
officer or requesting an independent review by the Assistant Administrator for Procurement.

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(c) Protests to the contracting officer must 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, D.C. 20546-0001.
(End of provision)
1852.234-1 Notice of Earned Value Management System.
As prescribed in 1834.203-70 (a), insert the following provision:
NOTICE OF EARNED VALUE MANAGEMENT SYSTEM
(JUNE 2025) (DEVIATION)
(a) The offeror must assert whether a contracting officer has determined that the contractor’s
Earned Value Management System (EVMS) complies with the EVMS guidelines in the (EIA)748 Earned Value Management Systems Standard(current version at time of solicitation). The
Government reserves the right to request documentation supporting the statement and perform
reviews of the EVMS when deemed necessary to verify compliance.
(b) If the offeror proposes to use a system that currently does not meet the requirements of
paragraph (a) of this provision, the offeror must submit its comprehensive plan for compliance
with the EVMS guidelines to the Government for approval.
(1) The plan must—
(i) Describe the EVMS the offeror intends to use in performance of the contract,
subcontract, or task order;
(ii) Distinguish between the offeror's existing management system and proposed
modifications;
(iii) Provide a matrix that correlates each guideline in 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 the process the offeror will use to determine subcontractor compliance with
EIA -748
(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 offeror’s proposal, including options, is valued at $100 million or more,
provide a schedule of events leading up to formal compliance/validation review and Government
acceptance of the Contractor’s EVMS. Guidance can be found in the Department of Defense
Earned Value Management Systems Implementation Guide as well as in the National Defense
Industrial Association (NDIA) Earned Value Management Systems Acceptance Guide.
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(2) The offeror must 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 must identify in its offer the subcontractors, or subcontracted effort if
subcontractors have not been selected, planned for application of the EVMS requirement. The
contractor is responsible for ensuring that subcontracts that meet the criteria outlined in
1834.203-70 comply with the EVMS requirements of this contract.
(End of provision)
1852.234-2 Earned Value Management System.
As prescribed in 1834.203-70 (b) insert the following clause:
EARNED VALUE MANAGEMENT SYSTEM
(JUNE 2025) (DEVIATION)
(a) In the performance of this contract, the Contract, subcontract, or task order the Contractor
must use (1) An Earned Value Management System (EVMS) that has been determined by the
Cognizant Federal Agency (CFA) to be compliant with the EVMS guidelines specified in the
EIA- 748 Earned Value Management Systems Standard (current version at the time of award) to
manage this contract, subcontract, or task order; and
(2) Earned Value Management (EVM) procedures that provide for generation of timely,
accurate, reliable, and traceable information for the Integrated Program Management and Data
Analysis Report (IPMDAR) required by the data requirements descriptions in the contract,
subcontract, or task order.
(b) If, at the time of award, the Contractor’s EVMS has not been determined by the CFA to be
compliant with the EVMS guidelines, or the Contractor does not have an existing EVMS that is
compliant with the guidelines in the EIA-748 Standard (current version at the time of award), the
Contractor must apply the system to the contract, subcontract, or task order and must take timely
action to implement its plan to obtain compliance. The Contractor shall follow and implement
the compliance plan approved by the Contracting Officer and CFA. The Government will
conduct a compliance review to assess the contactor’s fulfillment of 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 must take remedial action, that may include, but is not limited to, a reduction
in fee.

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(c) The Government must conduct Integrated Baseline Reviews (IBRs). IBRs must be conducted
within 180 calendar days after contract, subcontract, or task order 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 performance
measurement baseline (PMB) to ensure complete coverage of the statement of work, is
completely planned, sound schedule, logic exists and follows best practices, adequate resourcing,
and identification of inherent risks, etc. See the NASA IBR Handbook at https://nasa.gov/evm or
guidance.
(d) The Contractor must submit notification of any proposed changes to its EVMS procedures to
the Contracting Officer consistent with the EVM requirements of the contract. The Contracting
Officer must 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 no response is provided by
the Contracting Officer within 30 calendar days, the contractor must implement their proposed
change. If this contract, subcontract, or task order is valued at $100 million or more, including
options, any EVMS changes proposed by the Contractor require approval of the CFA prior to
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
IPMDAR required by the contract, subcontract, or task order through recurring program/project
and contract surveillance; and
(3) Implementation of any corrective actions identified during the surveillance process.
(f) The Contractor must include the substance of this clause in all subcontracts awarded under
this contract that meet the criteria outlined in 1834.203-70. The Contractor is responsible for
ensuring that its subcontractors, comply with the EVMS requirements of this clause.
(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 must submit to the
Contracting Officer a request for approval to begin implementation of an OTB and/or OTS. This
request must 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 acknowledge receipt of the request in a timely manner
generally within 30 calendar days. Approval of the deviation request does not constitute a
change, or the basis for a change. The requested actions may only be implemented after
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obtaining the Contracting Officer’s approval and in accordance with the Contractor’s EVMS
processes. The Government may request initiation of an OTB and/or an OTS if the baseline is
unrealistic.
(End of clause)
(ALTERNATE I) (June 2025) (DEVIATION) 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
Contracting Officer 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 EIA-748
(current version at the time of award), the Contractor must apply the system to the contract,
subcontract, or task order and must take timely action to implement its plan to be compliant with
the guidelines. At the discretion of the Contracting Officer, a review of the Contractor’s
compliance with the guidelines of EIA-748 may be directed when the Government identifies a
reason or the necessity to do so, however, the Government will not formally accept the
Contractor’s EVMS with respect to this contract, subcontract, or task order. The use of the
Contractor’s EVMS for this contract, subcontract, or task order does not imply Government
acceptance of the Contractor’s EVMS for application to future contracts, subcontract, or task
orders.
1852.235-70 NASA STI Compliance and Distribution Services.
As prescribed in1835.101-70(a), insert the following clause:
NASA SCIENTIFIC AND TECHNICAL INFORMATION (STI) COMPLIANCE AND
DISTRIBUTION SERVICES
(AUG 2025) (DEVIATION)
(a) The Contractor should avail itself of the services provided by the NASA Scientific
and Technical Information (STI) Compliance and Distribution Services
(http://www.sti.nasa.gov) for the conduct of research or research and development required
under this contract. NASA STI Compliance and Distribution Services provides a variety of
services and products as a NASA repository and database of research information, which may
enhance contract performance.
(b) Should NASA STI Compliance and Distribution Services information or service
requested by the Contractor be unavailable or not in the exact form necessary by the Contractor,
NASA is not obligated to search for or change the format of the information. A failure to furnish
information does not entitle the Contractor to an equitable adjustment under the terms and
conditions of this contract.

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(c) Information regarding NASA STI Compliance and Distribution Services, and the
services available there, can be obtained at the Internet address contained in paragraph (a) of this
clause.
(End of clause)
1852.235-71 Essential Personnel and Facilities.
As prescribed in 1835.101-70(b), insert the following clause:
ESSENTIAL PERSONNEL AND FACILITIES
(AUG 2025) (DEVIATION)
(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 must
—
(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 must 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 must constitute the Contracting officer's consent required by this clause.
(c) The Contractor must obtain the Contracting officer's prior written approval anytime
the Contractor plans to continue the research work during a continuous period in excess of 3
months without the participation of an approved principal investigator or project leader.
(d) The list of personnel and/or facilities (shown below or as specified in the contract
Schedule) may, with the consent of the contracting parties, be amended from time to time during
the course of the contract to add or delete personnel and/or facilities.
[List here the personnel and/or facilities considered essential, unless they are specified in
the contract Schedule.]
(End of clause)
1852.235-72 Instructions for Responding to NASA Research Announcements.
As prescribed in 1835.101-70(c), insert the following provision:
INSTRUCTIONS FOR RESPONDING TO NASA RESEARCH ANNOUNCEMENTS
(AUG 2025) (DEVIATION)
(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
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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, or cooperative agreement, resulting from NRAs are
subject to policies and procedures outlined in 2 CFR 200, 2 CFR 1800, and the NASA Grant and
Cooperative Agreement Manual. 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.)
(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 must 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;
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(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 Proposal 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 must 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 must 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.

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(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
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 estimated
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 self-evident. 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
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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 Governmentwide 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.
(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
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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
combinations 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 essential personnel critical in achieving the proposal objectives.
(iv) Overall standing among similar proposals and/or evaluation against the state-ofthe-art. reasonableness of the proposed cost and available funds.
(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.
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(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, 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
International and Interagency Relations (OIIR) 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.
(End of provision)
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1852.235-73 Final Scientific and Technical Reports.
As prescribed in 1835.101-70(d) insert the following clause:
FINAL SCIENTIFIC AND TECHNICAL REPORTS
(SEP 2025) (DEVIATION)

(a) Definitions:
1.
Preprint– The journal article version that is submitted to the journal publisher to
request acceptance and publication.
2.
Accepted Manuscript– The version of the journal article that has been accepted
for publication by a journal publisher and includes changes requested by the publisher
and made by the author during the peer-review process. It typically includes the same
content as the published article in the journal but frequently (not always) does not include
the publisher’s form or format. This is the version collected for PubSpace (the public
searchable repository of scientific and technical reports, linked below).
3.
Version of Record (Reprint)– The version that is published in the journal by the
publisher. It will typically have the date of publication and volume number. Some
Federal agencies and publishers also call these the Version of Record manuscript.
(b) The Contractor must 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, photographs, and drawings in sufficient detail to explain comprehensively the
results achieved under the contract.
(a) The final report must be of a quality suitable for publication and must follow the formatting
and stylistic guidelines contained in NASA Procedural Requirement (NPR) 2200.2,
Requirements for Documentation, Approval, and Dissemination of Scientific and Technical
Information. Electronic formats for submission of reports should be used to the maximum
extent practical:
Before submitting the final report through the NASA Form 1676 process described below,
the final report must first be approved by the cognizant:
i.
Center STI/Publication Manager (mainly for strategic input
regarding publication);
ii.
Contracting Officer’s Representative (COR); and
iii.
Contracting Officer (CO). The CO must fully approve and accept
the final report as meeting the requirements of the contract.
2. Once the above approvals and acceptance are obtained, then per NPR
2200.2, the Contractor must submit the report via NASA Form (NF) 1676, The Scientific,
Technical and Research Information discovery System (STRIVES). (Contact STI
Compliance and Distribution Services with questions or for assistance with the
submission process.)
3. The Contractor then submits the approved Preprint for publication through
either the NASA Report Series or their journal of choice:

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i.
Per NPR 2200.2, if the Contractor submits their final scientific and
technical reports to be published through the NASA Report Series, the Contractor must
select as the document type the Contractor Report (CR) series.
ii.
If the Contractor submits the approved report Preprint to a journal
for publication and the report becomes an Accepted Manuscript, the Contractor must
verify if the report has actually become a Version of Record by searching PubSpace. If
the report is not found, the Contractor must confirm that the publisher is included on the
list of publisher members shown on the Clearinghouse for the Open Research of the
United States (CHORUS) website.
A. If the report is found in PubSpace or the publisher is on the
CHORUS Publisher Member list, then the Contractor has completed the requirements of
this clause.
B. Once the report embargo period has passed, if the Contractor is
unable to find the report in PubSpace and the publisher is not then on the CHORUS
Publisher Member list, the Contractor must both
1.
Submit the Version of Record (Reprint) through the NF
1676 process by attaching it to the Preprint record and completing a resubmit through the
NF 1676 system. The report will be available in PubSpace on the publication date; and
2.
Request assistance with getting the publisher on the
CHORUS Publisher Member list by completing and submitting the online STI Contact
form, and providing any related follow-on assistance requested by NASA.]
(d) 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
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.
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 1852.23574 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.
(End of clause)
ALTERNATE I
(SEP 2025) (DEVIATION)
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(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
(SEP 2025) (DEVIATION)
As prescribed by 1835.101-70(d)(2), insert the following as paragraph[s] (e) and (f) 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
must 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 must include an acknowledgement similar to the following:
“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 must 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
(SEP 2025) (DEVIATION)

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As prescribed by 1835.101-70(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 must comply
with such Notices.
1852.235-74 Additional Reports of Work -- Research and Development.
As prescribed in 1835.101 -70(e), insert a clause substantially the same as the following:
ADDITIONAL REPORTS OF WORK -- RESEARCH AND DEVELOPMENT
(SEP 2025) (DEVIATION)
In addition to the final report required under this contract, the Contractor must submit the
following report(s) to the Contracting Officer Representative (COR) via the Contracting Officer:
(a) Monthly progress reports. The Contractor must submit separate monthly reports of all
work accomplished during each month of contract performance. Reports must be in narrative
form, brief, and informal. They must 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
(b) Quarterly progress reports. The Contractor must 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 must 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 must 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
must be submitted within days after the completion of the effort under the contract.
(End of clause)
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1852.236-71 Additive or Deductive Items.
As prescribed in 1836.570(a), insert the following provision:
ADDITIVE OR DEDUCTIVE ITEMS
(AUG 2025) (DEVIATION)
(a) The low bidder for purposes of award must 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 must be skipped and the next subsequent additive bid item
in a lower amount must 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 must be evaluated on the basis of the same additive or deductive bid
items. 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)
1852.236-72 Bids with Unit Prices.
As prescribed in 1836.570(b), insert the following provision:
BIDS WITH UNIT PRICES
(AUG 2025) (DEVIATION)
(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 must be
applied on a pro rata basis to every unit price in the bid.

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(End of provision)
1852.236-73 Hurricane Plan.
As prescribed in 1836.570(c), insert the following clause:
HURRICANE PLAN
(AUG 2025) (DEVIATION)
In the event of a hurricane warning, the Contractor must–
(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.
(End of clause)
1852.236-75 Partnering for Construction Contracts.
As prescribed in 1836.7004, insert the following clause:
PARTNERING FOR CONSTRUCTION CONTRACTS
(AUG 2025) (DEVIATION)
(a) The terms “partnering” and “partnership” used herein must 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.
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(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 throughout 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.
(End of clause)
1852.237-70 Emergency Evacuation Procedures.
As prescribed at 1837.802-71(a), insert the following clause:
EMERGENCY EVACUATION PROCEDURES
(DEC 2025) (DEVIATION)
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.
(End of clause)
1852.237-71 Pension Portability.
As prescribed at 1837.802-71(b), insert the following clause:
PENSION PORTABILITY
(DEC 2025) (DEVIATION)
(a) 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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(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)
1852.237-72 Access to Sensitive Information.
As prescribed in 1837.802-71(c), insert the following clause:
ACCESS TO SENSITIVE INFORMATION
(DEC 2025) (DEVIATION)
(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, the disclosure of which is likely to have either of the following effects:
future; or

(1) to impair the Government’s ability to obtain this type of information in the

(2) 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.
(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.
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(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.
(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 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 resu