PART 1852

SOLICITATION PROVISIONS AND CONTRACT CLAUSES

 

TABLE OF CONTENTS

 

1852.000                                           Scope of part.

 

SUBPART              1852.1             INSTRUCTIONS FOR USING PROVISIONS AND

                                                            CLAUSES

1852.101                                           Using Part 52.

1852.103                                           Identification of provisions and clauses.

1852.103-70                                     Identification of modified provisions and clauses.

1852.104                                           Procedures for modifying and completing provisions and   clauses.

 

SUBPART              1852.2             TEXTS OF PROVISIONS AND CLAUSES

1852.203-70                                     Display of Inspector General Hotline Posters.

1852.204-75                                     Security Classification Requirements.

1852.204-76                                     Security Requirements for Unclassified  Information

                                                             Technology Resources.

1852.208-81                                     Restrictions on Printing and Duplicating.

1852.209-70                                     Product Removal from Qualified Products List.

1852.209-71                                     Limitation of Future Contracting.

1852.209-72                                     Composition of the Contractor.

1852.211-70                                     Packaging, Handling, and Transportation.

1852.213-70                                     Offeror Representations and Certifications–Other Than

                                                           Commercial Items.

1852.213-71                                     Evaluation–-Other Than Commercial Items.

1852.214-70                                     Caution to Offerors Furnishing Descriptive Literature.

1852.214-71                                     Grouping for Aggregate Award.

1852.214-72                                     Full Quantities.

1852.215-77                                     Preproposal/Pre-bid Conference.

1852.215-78                                     Make or Buy Program Requirements.

1852.215-79                                     Price Adjustment for "Make-or-Buy" Changes.

1852.215-81                                     Proposal Page Limitations.

1852.215-84                                     Ombudsman.

1852.215-85                                     Proposal Adequacy Checklist.

1852.216-73                                     Estimated Cost and Cost Sharing.

1852.216-74                                     Estimated Cost and Fixed Fee.

1852.216-75                                     Payment of Fixed Fee.

1852.216-76                                     Award Fee for Service Contracts.

1852.216-77                                     Award Fee for End Item Contracts.

1852.216-78                                     Firm Fixed Price.

1852.216-80                                     Task Ordering Procedure.

1852.216-81                                     Estimated Cost.

1852.216-83                                     Fixed Price Incentive.

1852.216-84                                     Estimated Cost and Incentive Fee.

1852.216-85                                     Estimated Cost and Award Fee.

1852.216-87                                     Submission of Vouchers for Payment.

1852.216-88                                     Performance Incentive.

1852.216-89                                     Assignment and Release Forms.

1852.217-70                                     Property Administration and Reporting.

1852.217-71                                      Phased Procurement Using Down-Selection Procedures.

1852.217-72                                       Phased Procurement Using Progressive Competition Down-

                                                            Selection Procedures.

1852.219-73                                     Small Business Subcontracting Plan.

1852.219-74                                     Use of Rural Area Small Businesses.

1852.219-75                                     Small Business Subcontracting Reporting.

1852.219-76                                     NASA 8 Percent Goal.

1852.219-77                                     NASA Mentor-Protégé Program.

1852.219-79                                     Mentor Requirements and Evaluation.

1852.219-80                                     Limitation on Subcontracting – SBIR Phase I Program.

1852.219-81                                     Limitation on Subcontracting – SBIR Phase II Program.

1852.219-82                                     Limitation on Subcontracting – STTR Program.

1852.219-83                                     Limitation of the Principal Investigator SBIR Program.

1852.219-84                                     Limitation of the Principal Investigator STTR Program.

1852.219-85                                     Conditions for Final Payment – SBIR and STTR Contracts.

1852.223-70                                     Safety and Health.

1852.223-71                                     Frequency Authorization.

1852.223-72                                     Safety and Health (Short Form).

1852.223-73                                     Safety and Health Plan.

1852.223-74                                     Drug- and Alcohol-Free Workforce.

1852.223-75                                     Major Breach of Safety or Security.

1852.223-76                                     Federal Automotive Statistical Tool Reporting.

1852.225-8                                       Duty-Free Entry of Space Articles.

1852.225-70                                     Export Licenses.

1852.227-11                                     Patent Rights--Retention by the Contractor (Short Form).

1852.227-14                                     Rights in Data--General.

1852.227-17                                     Rights in Data--Special Works.

1852.227-19                                     Commercial Computer Software--Restricted Rights.

1852.227-70                                     New Technology.

1852.227-71                                     Requests for Waiver of Rights to Inventions.

1852.227-72                                     Designation of New Technology Representative and Patent

  Representative.

1852.227-84                                     Patent Rights Clauses.

1852.227-85                                     Invention Reporting and Rights--Foreign.

1852.227-86                                     Commercial Computer Software--Licensing.

1852.228-70                                     Aircraft Ground and Flight Risk.

1852.228-71                                     Aircraft Flight Risks.

1852.228-73                                     Bid Bond.

1852.228-75                                     Minimum Insurance Coverage.

1852.228-76                                     Cross-Waiver of Liability for International Space Station Activities.

1852.228-78                                     Cross-Waiver of Liability for Science or Space Exploration Activities Unrelated to the International Space Station.

1852.228-80                                     Insurance — Immunity From Tort Liability.

1852.228-81                                     Insurance — Partial Immunity From Tort Liability.

1852.228-82                                     Insurance — Total Immunity From Tort Liability.

1852.231-70                                     Precontract Costs.

1852.231-71                                     Determination of Compensation Reasonableness.

1852.232-70                                     NASA Modification of FAR 52.232-12.

1852.232-77                                     Limitation of Funds (Fixed-Price Contract).

1852.232-79                                     Payment for On-Site Preparatory Costs.

1852.232-81                                     Contract Funding.

1852.232-82                                     Submission of Requests for Progress Payments.

1852.233-70                                     Protests to NASA.

1852.234-1                                       Notice of Earned Value Management System.

1852.234-2                                       Earned Value Management System.

1852.235-70                                     Center for AeroSpace Information Technical Reports.

1852.235-71                                     Key Personnel and Facilities.

1852.235-72                                     Instructions for Responding to NASA Research Announcements.

1852.235-73                                     Final Scientific and Technical Reports.

1852.235-74                                     Additional Reports of Work -- Research and Development.

1852.236-71                                     Additive or Deductive Items.

1852.236-72                                     Bids with Unit Prices.

1852.236-73                                     Hurricane Plan.

1852.236-74                                     Magnitude of Requirement.

1852.236-75                                     Partnering for Construction Contracts.

1852.237-70                                     Emergency Evacuation Procedures.

1852.237-71                                     Pension Portability.

1852.237-72                                     Access to Sensitive Information. 

1852.237-73                                     Release of Sensitive Information.

1852.239-70                                     Alternate Delivery Points.

1852.241-70                                     Renewal of Contract.

1852.242-70                                     Technical Direction.

1852.242-71                                     Travel Outside of the United States.

1852.242-72                                     Observance of Legal Holidays.

1852.242-73                                     NASA Contractor Financial Management Reporting.

1852.242-78                                     Emergency Medical Services and Evacuation.

1852.243-70                                     Engineering Change Proposals.

1852.243-71                                     Shared Savings.

1852.243-72                                     Equitable Adjustments.

1852.244-70                                     Geographic Participation in the Aerospace Program.

1852.245–70                                    Contractor requests for Government-provided property.

1852.245–71                                    Installation-accountable Government property.

1852.245–72                                    Liability for Government property furnished for repair or

                                                          other services.

1852.245–73                                    Financial reporting of NASA property in the custody of

                                                          contractors.

1852.245–74                                    Identification and marking of Government equipment.

1852.245–75                                    Property management changes.

1852.245–76                                    List of Government property furnished pursuant to FAR

                                                          52.245–1.

1852.245–77                                    List of Government property furnished pursuant to FAR

                                                           52.245–2.

1852.245–78                                    Physical inventory of capital personal property

1852.245–79                                    Records and disposition reports for Government property

                                                          with potential historic or significant real value.

1852.245–80                                    Government property management information.

1852.245–81                                    List of available Government property.

1852.245–82                                    Occupancy management requirements.

1852.245–83                                    Real property management requirements.

1852.246-70                                     Mission Critical Space System Personnel Reliability  

                                                             Program.

1852.246-71                                     Government Contract Quality Assurance.

1852.246-72                                     Material Inspection and Receiving Report.

1852.246-73                                     Human Space Flight Item.

1852.247-71                                     Protection of the Florida Manatee.

1852.247-72                                     Advance Notice of Shipment.

1852.247-73                                     Bills of Lading.

1852.249-72                                     Termination (Utilities).

 

SUBPART              1852.3             PROVISION AND CLAUSE MATRIX

1852.300                                           Scope of Subpart.

1852.301                                           Solicitation Provisions and Contract Clauses (Matrix).

 

 

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--Instructions for Using Provisions and Clauses

 

1852.101 Using Part 52.

  (b)(2)(i)(B) NASA contracting offices prescribing or developing clauses shall ensure that the requirements of Subpart 1801.3 are met.

  (e)(1) The NFS matrix in Subpart 1852.3 is formatted similarly to that in the FAR.  The first page of the NFS matrix contains a key to column headings, a dollar threshold chart, and requirement symbols.  To fully determine the applicability of a provision or clause in the "required-when-applicable" and "optional" categories, Contracting Officers shall refer to the NFS text (cited in the matrix) that prescribes its use.

       (4) The NFS matrix may be reproduced by field installations for the purpose of supplementing it with installation-developed provisions and clauses.

 

1852.103 Identification of provisions and clauses.

  (b) Provisions and clauses prescribed by a field installation to satisfy its needs shall be identified as stated in paragraphs (b)(i) and (ii) of this section.  Articles, formats, and similar language shall be treated as provisions and clauses for purposes of this section 1852.103.

     (i) A provision or clause shall be numbered using a prefix, a base, and a suffix.  The prefix shall be an alphabetical abbreviation of the installation name (e.g., ARC, DFRC, GRC, GSFC, JSC, KSC, LARC, MSFC, SSC, or SSPO).  The base shall be a numeric value beginning with "52.2," with the next two digits corresponding to the number of the FAR or NFS subject part to which the provision or clause relates.  The suffix shall be a hyphen and sequential number assigned within each part.  NASA installations shall use suffix numbers from -90 to -199.  For example, the first Johnson Space Center (JSC) provision or clause relating to Part 36 of the FAR or NFS shall be JSC 52.236-90, the second JSC 52.236-91, and so forth.  Provisions and clauses shall be dated in accordance with FAR 52.101(f).

      (ii) Contracting officers shall identify provisions and clauses as in the following examples:

        (A) I.2 BID ENVELOPES (GSFC 52.214-90) (AUGUST 1987) This example is applicable when identifying the title of provisions and clauses in solicitations and contracts using the uniform contract format (UCF).  The first number ("I.2") designates the UCF section and the sequential clause within that section.  "GSFC 52.214-90" specifies the clause number.

           (B) GSFC 52.214-90--Bid Envelopes (AUGUST 1987) This example is applicable in all instances in which the provision or clause citation is not associated with the UCF number.

  (c) Contracting officers shall not number provisions and clauses developed for individual acquisitions only.  For example, "F.3 Delivery Procedures for Special Hardware" cites the third clause in Section F of a contract using the UCF, but has no clause number or date identified with it, indicating that the clause was developed for the particular contract it appears in.

 

1852.103-70 Identification of modified provisions and clauses.

  When a FAR clause or provision is included in a solicitation or contract and the NFS prescribes a modification, the title line shall identify the modification as shown below. This format shall be used both for incorporation by reference and when using full text.

 

    "52.232-28 Electronic Funds Transfer Payment Methods (APR 1989)--as modified by NASA FAR Supplement 1832.908(a)"

 

1852.104 Procedures for modifying and completing provisions and clauses.

  NFS provisions and clauses shall not be modified unless authorized by the NFS.  When authorized, contracting officers must comply with the procedures in FAR 52.104.

 

                                      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

(JUNE 2001)

  (a)  The Contractor shall display prominently in common work areas within business segments performing work under this contract, Inspector General Hotline Posters available under paragraph (b) of this clause.

   (b) Inspector General Hotline Posters may be obtained from NASA Office of Inspector General, Code W, Washington, DC, 20546-0001, (202) 358-1220.

(End of clause)

 

1852.204-75 Security Classification Requirements.

  As prescribed in 1804.404-70, insert the following clause:

                                SECURITY CLASSIFICATION REQUIREMENTS

                                                            (SEPTEMBER 1989)

  Performance under this contract will involve access to and/or generation of classified information, work in a security area, or both, up to the level of                             [insert the applicable security clearance level].  See Federal Acquisition Regulation clause 52.204-2 in this contract and DD Form 254, Contract Security Classification Specification, Attachment       [Insert the attachment number of the DD Form 254].

(End of clause)

 

1852.204-76 Security Requirements for Unclassified Information Technology Resources.

    As prescribed in 1804.470-4(a), insert the following clause:

SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES

(JANUARY 2011)

    (a) The contractor shall protect the confidentiality, integrity, and availability of NASA Electronic Information and IT resources and protect NASA Electronic Information from unauthorized disclosure.

    (b) This clause is applicable to all NASA contractors and sub-contractors that process, manage, access, or store unclassified electronic information, to include Sensitive But Unclassified (SBU) information, for NASA in support of NASA's missions, programs, projects and/or institutional requirements. Applicable requirements, regulations, policies, and guidelines are identified in the Applicable Documents List (ADL) provided as an attachment to the contract. The documents listed in the ADL can be found at: http://www.nasa.gov/offices/ocio/itsecurity/index.html. For policy information considered sensitive, the documents will be identified as such in the ADL and made available through the Contracting Officer.

    (c) Definitions.

            (1) IT resources means any hardware or software or interconnected system or subsystem of equipment, that is used to process, manage, access, or store electronic information.

            (2) NASA Electronic Information is any data (as defined in the Rights in Data clause of this contract) or information (including information incidental to contract administration, such as

financial, administrative, cost or pricing, or management information) that is processed, managed, accessed or stored on an IT system(s) in the performance of a NASA contract.

            (3) IT Security Management Plan--This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract. Unlike the IT security plan, which addresses the IT system, the IT Security Management Plan addresses how the contractor will manage personnel and processes associated with IT Security on the instant contract.

            (4) IT Security Plan--this is a FISMA requirement; see the ADL for applicable requirements. The IT Security Plan is specific to the IT System and not the contract. Within 30 days after award, the contractor shall develop and deliver an IT Security Management Plan to the Contracting Officer; the approval authority will be included in the ADL. All contractor personnel requiring physical or logical access to NASA IT resources must complete NASA's annual IT Security Awareness training. Refer to the IT Training policy located in the IT Security Web site at https://itsecurity.nasa.gov/policies/index.html.

    (d) The contractor shall afford Government access to the Contractor's and subcontractors' facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection (to include vulnerability testing), investigation and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of NASA Electronic Information or to the function of IT systems operated on behalf of NASA, and to preserve evidence of computer crime.

    (e) At the completion of the contract, the contractor shall return all NASA information and IT resources provided to the contractor during the performance of the contract in accordance with

retention documentation available in the ADL. The contractor shall provide a listing of all NASA Electronic information and IT resources generated in performance of the contract. At that time, the contractor shall request disposition instructions from the Contracting Officer. The Contracting Officer will provide disposition instructions within 30 calendar days of the contractor's request. Parts of the clause and referenced ADL may be waived by the contracting officer, if the contractor's ongoing IT security program meets or exceeds the requirements of NASA Procedural Requirements (NPR) 2810.1 in effect at time of award. The current version of NPR 2810.1 is referenced in the ADL. The contractor shall submit a written waiver request to the Contracting Officer within 30 days of award. The waiver request will be reviewed by the Center IT Security Manager. If approved, the Contractor Officer will notify the contractor, by contract modification, which parts of the clause or provisions of the ADL are waived.

    (f) The contractor shall insert this clause, including this paragraph in all subcontracts that process, manage, access or store NASA Electronic Information in support of the mission of the Agency.

(End of clause)

 

1852.208-81 Restrictions on Printing and Duplicating.

  As prescribed in 1808.870, insert the following clause:

RESTRICTIONS ON PRINTING AND DUPLICATING

(NOVEMBER 2004)

  (a) The Contractor may duplicate or copy any documentation required by this contract in accordance with the provisions of the Government Printing and Binding Regulations, No. 26, S. Pub 101-9, U.S. Government Printing Office, Washington, DC, 20402, published by the Joint Committee on Printing, U.S. Congress.

  (b) The Contractor shall not perform, or procure from any commercial source, any printing in connection with the performance of work under this contract.  The term "printing" includes the processes of composition, platemaking, presswork, duplicating, silk screen processes, binding, microform, and the end items of such processes and equipment.

  (c) The Contractor is authorized to duplicate or copy production units provided the requirement does not exceed 5,000 production units of any one page or 25,000 units in the aggregate of multiple pages.  Such pages may not exceed a maximum image size of 10-3/4 by 14-1/4 inches.  A "production unit" is one sheet, size 8-1/2 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.

  (f) The Contractor shall include in each subcontract which may involve a requirement for any printing, duplicating, and copying in excess of the limits specified in paragraph (c) of this clause, a provision substantially the same as this clause, including this paragraph (f).

(End of clause)

 

1852.209-70 Product Removal from Qualified Products List.

  As prescribed in 1809.206-71, insert the following clause:

                     PRODUCT REMOVAL FROM QUALIFIED PRODUCTS LIST

                                                             (DECEMBER 1988)

  If, during the performance of this contract, the product being furnished is removed from the Qualified Products List for any reason, the Government may terminate the contract for Default pursuant to the default clause of the contract.

                                                                 (End of clause)

 

1852.209-71 Limitation of Future Contracting.

  As prescribed in 1809.507-2, the contracting officer may insert a clause substantially as follows in solicitations and contracts, in compliance with FAR 9.507-2:

                                     LIMITATION OF FUTURE CONTRACTING

                                                             (DECEMBER 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 Composition of the Contractor.

  As prescribed in 1809.670, insert the following clause:

                                        COMPOSITION OF THE CONTRACTOR

                                                             (DECEMBER 1988)

If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable under this contract.

(End of clause)

 

1852.211-70  Packaging, Handling, and Transportation

  As prescribed in 1811.404-70, insert the following clause:

PACKAGING, HANDLING, AND TRANSPORTATION

(SEPTEMBER 2005)

  (a) The Contractor shall comply with NASA Procedural Requirements (NPR) 6000.1, "Requirements for Packaging, Handling, and Transportation for Aeronautical and Space Systems, Equipment, and Associated Components", as may be supplemented by the statement of work or specifications of this contract, for all items designated as Class I, II, or III.

   (b)  The Contractor's packaging, handling, and transportation procedures may be used, in whole or in part, subject to the written approval of the Contracting Officer, provided (1) the Contractor's procedures are not in conflict with any requirements of this contract, and (2) the requirements of this contract shall take precedence in the event of any conflict with the Contractor's procedures.

(c)  The Contractor must place the requirements of this clause in all subcontracts for items that will become components of deliverable Class I, II, or III items.

(End of clause)