1852.217-70  Reserved.

 

1852.217-71  Phased Acquisition Using Down-Selection Procedures.

As prescribed in 1817.7002(a), insert the following clause:

 

PHASED ACQUISITION USING DOWN-SELECTION PROCEDURES

(APR 2015)

 

 

      (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 5.201 and 5.203 unless one of the exceptions in FAR 5.202 applies.  Notwithstanding NASA's expectation that only the Phase 1 contractors will be capable of successfully competing for Phase 2, all proposals will be considered.

 

      (f) To be considered for Phase 2 award, offerors must demonstrate a design maturity equivalent to that of the Phase 1 contractors.  This demonstration shall 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 shall not be a direct charge to the Phase 1 contract or any other Government contract.

 

      (i)  The anticipated schedule for conducting this phased procurement is provided for your information.  These dates are projections only and are not intended to commit NASA to complete a particular action at a given time.  [Insert dates below].

      Phase 1 award -

      Phase 2 synopsis -

      Phase 2 proposal requested -

      Phase 2 proposal receipt -

      Phase 2 award

 

(End of clause)

 

1852.217-72 Phased Acquisition Using Progressive Competition Down-Selection Procedures.

As prescribed in 1817.7002(b), insert the following clause:

 

PHASED ACQUISITION USING PROGRESSIVE COMPETITION

DOWN-SELECTION PROCEDURES

(MAY 2000)

 

      (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 5.201 and 5.203 unless one of the exceptions in FAR 5.202 applies.  Notwithstanding NASA's expectation that only the Phase 1 contractors will be capable of successfully competing for Phase 2, all proposals will be considered.  Any other responsible source may indicate its desire to submit a proposal by responding to the Phase 2 synopsis, and NASA will provide that source 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 shall 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 requested.  Any such changes in evaluation factors will not necessitate issuance of a new, formal solicitation for Phase 2.

      [Insert draft Phase 2 evaluation factors (and subfactors, if available), including demonstration of successful completion of Phase 1 requirements.]

 

      (h)  Although NASA will request Phase 2 proposals from Phase 1 contractors, submission of the Phase 2 proposal is not a requirement of the Phase 1 contract.  Accordingly, the costs of preparing these proposals shall not be a direct charge to the Phase 1 contract or any other Government contract.

 

      (i)  The anticipated schedule for conducting this phased procurement is provided for your information.  These dates are projections only and are not intended to commit NASA to complete a particular action at a given time.  [Insert dates below].

      Phase 1 award -

      Phase 2 synopsis -

      Phase 2 proposal requested -

      Phase 2 proposal receipt -

      Phase 2 award –

 

(End of clause)

 

1852.219-11 Special 8(a) Contract Conditions.

As prescribed in 1819.811-3(a), insert the following clause in lieu of 52.219-11:

 

Special 8(a) Contract Conditions

(APR 2015)

 

      (a)  This contract is issued as a direct award between the contracting activity and the 8(a) contractor pursuant to a Partnership Agreement between the Small Business Administration (SBA) and the National Aeronautics and Space Administration. Accordingly, the SBA is not a signatory to this contract.  SBA does retain responsibility for 8(a) certification, 8(a) eligibility determinations and related issues, and providing counseling and assistance to the 8(a) contractor under the 8(a) program.  The cognizant SBA district office is:

________________________________________

________________________________________

________________________________________

________________________________________

[insert name and address of cognizant SBA office]

 

      (b)  The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract; provided, however, that the contracting activity shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract.  The contracting activity shall also coordinate with the SBA prior to processing any novation agreement.  The contracting activity may assign contract administration functions to a contract administration office.

 

      (c)  The contractor agrees to notify the Contracting Officer, simultaneous with its notification to SBA (as required by SBA's 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based plan to 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 1819.811-3(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.

            (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 1819.708-70(a), 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 52.219-9, "Small Business Subcontracting Plan."  The apparent low bidder must submit the complete plan within [Insert number of days] calendar days after request by the Contracting Officer.

 

(End of provision)

 

1852.219-74  Reserved.

 

1852.219-75  Individual Subcontracting Reports.

As prescribed in 1819.708-70(b), insert the following clause:

 

INDIVIDUAL SUBCONTRACTING REPORTS

(APR 2015)

 

      When submitting Individual Subcontracting Reports in eSRS in accordance with FAR 52.219-9 (l) (1), the contractor shall enter goals as a percentage of total contract value as well as a percentage of total subcontract dollars.

 

(End of clause)

 

1852.219-77  NASA Mentor-Protégé Program.

As prescribed in 1819.7215, insert the following clause:

 

NASA MENTOR-PROTE'GE' PROGRAM

(APR 2015)

 

      (a)  Prime contractors are encouraged to participate in the NASA Mentor-Protégé Program for the purpose of providing developmental assistance to eligible protégé entities to enhance their capabilities and increase their participation in NASA contracts.

 

      (b)  The Program consists of:

            (1)  Mentors, which are large businesses and prime contractors with at least one active and approved NASA subcontracting plan;

            (2)  Protégés, which are subcontractors to the prime contractor. Protégés must qualify as a small disadvantaged business concerns, women-owned small business concerns, veteran-owned or service-disabled veteran-owned small business concerns, HUBZone small business concerns, Historically Black Colleges and Universities, minority institutions of higher education, meeting the qualifications defined in FAR Part 2, Definitions of Parts and Term, active NASA SBIR Phase II companies or nonprofit agencies employing people who are blind or severely disabled as defined in  41 CFR Chapter 51.

            (3)  Mentor-protégé agreements endorsed by the cognizant NASA centers and approved by the NASA Office of Small Business Programs (OSBP);

            (4)  In contracts with award fee incentives, potential for payment of an award fee for voluntary participation and successful performance in the Mentor-Protégé Program, in accordance with NFS 1819.7208.

 

      (c)  Mentor participation in the Program, described in NFS 1819.72, means providing technical, managerial and financial assistance to aid protégés in developing requisite high-tech expertise and business systems to compete for and successfully perform NASA contracts and subcontracts.

 

      (d)  Contractors interested in participating in the program are encouraged to contact the NASA OSBP, Washington, DC 20546, (202) 358-2088, for further information.

 

(End of clause)

 

1852.219-79 Mentor Requirements and Evaluation.

As prescribed in 1819.7215, insert the following clause:

 

MENTOR REQUIREMENTS AND EVALUATION

(APR 2015)

 

      (a)  The purpose of the NASA Mentor-Protégé Program is for a NASA prime contractor to provide developmental assistance to certain subcontractors qualifying as protégés.

Eligible protégés include small disadvantaged business concerns, women-owned small business concerns, veteran-owned or service-disabled veteran-owned small business concerns, HUBZone small business concerns, Historically Black Colleges and Universities, minority institutions of higher education, as defined in FAR part 2, Definitions of Parts and Terms, active NASA SBIR/STTR Phase II companies and nonprofit agencies employing the blind or severely handicapped as defined in 41 CFR chapter 51.

 

      (b)  NASA will evaluate the contractor's performance on the following factors. If this contract includes an award fee incentive, this assessment will be accomplished as part of the fee evaluation process.

            (1)  Specific actions taken by the contractor, during the evaluation period, to increase the participation of protégés as subcontractors and suppliers;

            (2)  Specific actions taken by the contractor during this evaluation period to develop the technical and corporate administrative expertise of a protégé as defined in the agreement;

            (3)  To what extent the mentor and protégé have met the developmental milestones outlined in the agreement; and

            (4)  To what extent the entities participation in the Mentor-Protégé Program resulted in the protégé receiving competitive contract(s) and subcontract(s) from private firms and agencies other than the mentor.

            (5)  To what extent has the mentor contributed to advancing the protégé’s technical readiness level.

 

      (c)  Semiannual reports shall be submitted by the mentor and the protégé to the cognizant NASA center and NASA Headquarters Office of Small Business Programs (OSBP), following the semiannual report template found on the Web site at http://www.osbp.nasa.gov.

 

      (d)  The mentor will notify the cognizant NASA center and NASA OSBP in writing, at least 30 days in advance of the mentor's intent to voluntarily withdraw from the program or upon receipt of a protégé's notice to withdraw from the Program;

 

      (e)  At the end of each year in the Mentor-Protégé Program, the mentor and protégé, as appropriate, will formally brief the NASA Mentor-Protégé program manager, the technical program manager, and the contracting officer during a formal program review regarding Program accomplishments, as it pertains to the approved agreement.

 

      (f)  NASA may terminate mentor-protégé agreements for good cause, thereby excluding mentors or protégés from participating in the NASA Mentor-Protégé program.  These actions shall be approved by the NASA OSBP. NASA shall terminate an agreement by delivering to the contractor a letter specifying the reason for termination and the effective date. Termination of an agreement does not constitute a termination of the subcontract between the mentor and the protégé.  A plan for accomplishing the subcontract effort should the agreement be terminated shall be submitted with the agreement.

 

(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)

 

      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)

 

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)

 

1852.223-70  Safety and Health Measures and Mishap Reporting.

As prescribed in 1823.7001(a), insert the following clause:

 

SAFETY AND HEALTH MEASURES AND MISHAP REPORTING

(DEC 2015)

 

      (a)  Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment.  NASA’s safety priority is to protect: (1) the public, (2) astronauts and pilots, (3) the NASA workforce (including contractor employees working on NASA contracts), and (4) high-value equipment and property.

 

      (b)  The Contractor shall take all reasonable safety and occupational health measures in performing this contract. The Contractor shall maintain an effective worksite safety and health program with organized and systematic methods to—

            (1)  Comply with Federal, State, and local safety and occupational health laws and with the safety and occupational health requirements of this contract;

            (2)  Describe and assign the responsibilities of managers, supervisors, and employees;

            (3)  Inspect regularly for and identify, evaluate, prevent, and control hazards;

            (4)  Orient and train employees to eliminate or avoid hazards; and

            (5)  Periodically review the program’s effectiveness.

Authorized Government representatives shall have access to and the right to examine the work site and related records under this Contract in order to determine the adequacy of the Contractor’s safety and occupational health measures.

 

      (c)  The Contractor shall take, or cause to be taken, any other safety, and occupational health measures the Contracting Officer may reasonably direct.  To the extent that the Contractor may be entitled to an equitable adjustment for those measures under the terms and conditions of this contract, the equitable adjustment shall be determined pursuant to the procedures of the changes clause of this contract; provided, that no adjustment shall be made under this Safety and Health clause for any change for which an equitable adjustment is expressly provided under any other clause of the contract.

 

      (d)  The Contractor shall immediately notify the Contracting Officer or a designee any Type A, B, C, or D Mishap, or close calls as defined in NASA Procedural Requirement (NPR) 8621.1, Mishap and Close Call Reporting, Investigating, and Recordkeeping.  In addition, service contractors (excluding construction contracts) shall provide quarterly reports specifying lost-time frequency rate, number of lost-time injuries, exposure, and accident/incident dollar losses as specified in the contract Schedule.

 

      (e)  The Contractor shall cooperate with any Government-authorized investigation of Type A, B, C, or D Mishaps, or Close Calls reported pursuant to paragraph (d) of this clause by providing access to employees; and relevant information in the possession of the Contractor regarding the mishap or close call.

 

      (f)(1)  The Contracting Officer may notify the Contractor of any noncompliance with this clause and specify corrective actions to be taken.  When the Contracting Officer becomes aware of noncompliance that may pose a serious or imminent danger to safety and health of the public, astronauts and pilots, the NASA workforce (including contractor employees working on NASA contracts), or high value mission critical equipment or property, the Contracting Officer will notify the Contractor orally, with written confirmation.  The Contractor shall promptly take any necessary corrective action.

            (2)  If the Contractor fails or refuses to institute prompt corrective action in accordance with subparagraph (f)(1) of this clause, the Contracting Officer may

                  (i)  Invoke the stop-work order clause in this contract;

                  (ii)  Require the Contractor to remove and replace Contractor or subcontractor personnel who fail to comply with or violate applicable requirements of this clause;

                  (iii)  Record the Contractor’s failure to comply in the appropriate databases of past performance; and

                  (iv)  Consider the Contractor’s failure to comply in any responsibility determination or evaluation of past performance.

 

      (g)  The Contractor shall insert the substance of this clause, including this paragraph (g) in all subcontracts above the simplified acquisition threshold when the work will be conducted completely or partly on federally-controlled facilities.

 

(End of clause)

 

1852.223-71 Authorization for Radio Frequency Use.

As prescribed in 1823.7101, insert the following clause:

 

AUTHORIZATION FOR RADIO FREQUENCY USE

(APR 2015)

 

      (a)  The Contractor or subcontractor shall obtain equipment authorization for use of radio frequencies required in support of this contract following the procedures in NPR, 2570.1, NASA Radio Frequency (RF) Spectrum Management Manual.

 

      (b)  For any experimental, developmental, or operational equipment for which the appropriate equipment frequency authorization has not been made, the Contractor or subcontractor shall provide the technical and operating characteristics of the proposed electromagnetic radiating device to the Center/Facility Spectrum Manager during the initial planning, experimental, or developmental phase of contractual performance.

 

      (c)  This clause, including this paragraph (c), shall be included in all subcontracts that call for developing, producing, testing, or operating a device for which a radio frequency authorization is required.

 

(End of clause)

 

1852.223-72 Safety and Health (Short Form).

As prescribed in 1823.7001(f), insert the following clause:

 

SAFETY AND HEALTH (SHORT FORM)

(JUL 2015)
 

      (a)  Safety is the freedom from those conditions that can cause death, injury, occupational illness; damage to or loss of equipment or property, or damage to the environment.  NASA is committed to protecting the safety and health of the public, our team members, and those assets that the Nation entrusts to the Agency.

 

      (b)  The Contractor shall have a documented, comprehensive and effective health and safety program with a proactive process to identify, assess, and control hazards and take all reasonable safety and occupational health measures consistent with standard industry practice in performing this contract.

 

      (c)  The Contractor shall insert the substance of this clause, including this paragraph (c) in subcontracts that exceed the simplified acquisition threshold where work will be conducted completely or partly on Federally-controlled facilities.

 

(End of clause)

 

1852.223-73  Safety and Health Plan.

As prescribed in 1823.7001(c), insert the following clause:

 

SAFETY AND HEALTH PLAN

(JUL 2015)
 

      (a)  The offeror shall submit a detailed safety and occupational health plan as part of its proposal.  The plan shall include a detailed discussion of the policies, procedures, and techniques that will be used to ensure the safety and occupational health of Contractor employees and to ensure the safety of all working conditions throughout the performance of the contract.

 

      (b)  The plan shall similarly address subcontractor employee safety and occupational health for those proposed subcontracts or subcontract effort where the work will be conducted completely or partly on a Federally-controlled facility

 

      (d)  This plan, as approved by the Contracting Officer, will be incorporated into any resulting contract.

 

(End of clause)

 

ALTERNATE I

(JUL 2015)
 

      As prescribed in 1823.7001(c)(1), delete the first sentence in paragraph (a) of the basic provision and substitute the following:

The apparent low bidder, upon request by the Contracting Officer, shall submit a detailed safety and occupational health plan.  The plan shall be submitted within the time specified by the Contracting Officer.  Failure to submit an acceptable plan shall make the bidder ineligible for the award of a contract.

 

1852.223-74  Drug- and alcohol-free workforce.

As prescribed in 1823.570-2, insert the following clause:

 

DRUG- AND ALCOHOL-FREE WORKFORCE

(NOV 2015)

 

      (a)  Definitions.

      “Employee in a sensitive position” means a contractor or subcontractor employee who has been granted access to classified information; a contractor or subcontractor employee in other positions that the contractor or subcontractor determines could reasonably be expected to affect safety, security, National security, or functions other than the foregoing requiring a high degree of trust and confidence; and includes any employee performing in a position designated mission critical or performing mission critical duties.  The term also includes any applicant who is tentatively selected for a position described in this paragraph.

      Mission Critical Space Systems” means the collection of all space-based and 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 shall institute and maintain a program for achieving a drug-and alcohol-free workforce.  As a minimum, the program shall 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 shall conform to the "Mandatory Guidelines for Federal Workplace Drug Testing Programs" published by the Department of Health and Human Services (73 FR 71858) and the procedures in 49 CFR part 40, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs."

                  (i)  The Contractor shall test for the following drugs: Marijuana, Cocaine, Amphetamines, Opiates and Phencyclidine (PCP) in accordance with the Mandatory Guidelines for Federal Workplace Drug Testing Programs Mandatory Guidelines, Section 3.1, and 49 CFR 40.85.

                  (ii)  The contractor shall comply with the requirements and procedures for alcohol testing at 49 CFR Part 40.

                  (iii)  The use of a controlled substance in accordance with the terms of a valid prescription, or other uses authorized by law shall not be subject to the requirements of this clause.

            (5)  The contractor shall conduct post-accident testing when the contractor determines the employee’s actions are reasonably suspected of having caused or contributed to an accident resulting in death or personal injury requiring immediate hospitalization or damage to Government or private property estimated to exceed $20,000.  Upon request, the Contractor shall provide the results of post-accident testing to the Contracting Officer.

 

      (c)(1)  The Contractor's program shall provide, where appropriate, for the suspension, disqualification, or dismissal of any employee in a sensitive position in any instance where a test conducted and confirmed under the Contractor's program indicates that such individual has used, in violation of applicable law or Federal regulation, alcohol or a controlled substance.

            (2)  The Contractor's program shall further prohibit any such individual from working in a sensitive position on a NASA contract, unless such individual has completed a program of rehabilitation described in paragraph (d) of this clause.

            (3)  The Contractor's program shall further prohibit any such individual from working in any sensitive position on a NASA contract if the individual is determined under the Contractor's program to have used, in violation of applicable law or Federal regulation, alcohol or a controlled substance and the individual meets any of the following criteria:

                  (i)  The individual had undertaken or completed a rehabilitation program described in paragraph (d) of this clause prior to such use;

                  (ii)  Following such determination, the individual refuses to undertake such a rehabilitation program;

                  (iii)  Following such determination, the individual fails to complete such a rehabilitation program; or

                  (iv)  The individual used a controlled substance or alcohol while on duty.

 

      (d)  The Contractor shall institute and maintain an appropriate rehabilitation program which shall, as a minimum, provide for the identification and opportunity for treatment of employees whose duties include responsibility for safety-sensitive, security, or National security functions who are in need of assistance in resolving problems with the use of alcohol or controlled substances.

 

      (e)  The requirements of this clause shall take precedence over any state or local Government laws, rules, regulations, ordinances, standards, or orders that are inconsistent with the requirements of this clause.

 

      (f) For any collective bargaining agreement, the Contractor will negotiate the terms of its program with employee representatives, as appropriate, under labor relations laws or negotiated agreements.  Such negotiation, however, cannot change the requirements of this clause.  Employees covered under collective bargaining agreements will not be subject to the requirements of this clause until those agreements have been modified, as necessary; provided, however, that if one year after commencement of negotiation the parties have failed to reach agreement, an impasse will be determined to have been reached and the Contractor will unilaterally implement the requirements of this clause.

 

      (g) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts in which work is performed by an employee in a sensitive position, except subcontracts for commercial items (see FAR Parts 2 and 12).

 

(End of clause)

 

1852.223-75  Major Breach of Safety or Security.

As prescribed in 1823.7001(d), insert the following clause:

 

MAJOR BREACH OF SAFETY OR SECURITY

(FEB 2002)

 

      (a)  Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment.  Safety is essential to NASA and is a material part of this contract. NASA’s safety priority is to protect: (1) the public; (2) astronauts and pilots; (3) the NASA workforce (including contractor employees working on NASA contracts); and (4) high-value equipment and property.  A major breach of safety may constitute a breach of contract that entitles the Government to exercise any of its rights and remedies applicable to material parts of this contract, including termination for default.  A major breach of safety must be related directly to the work on the contract.  A major breach of safety is an act or omission of the Contractor that consists of an accident, incident, or exposure resulting in a fatality or mission failure; or in damage to equipment or property equal to or greater than $1 million; or in any "willful" or "repeat" violation cited by the Occupational Safety and Health Administration (OSHA) or by a state agency operating under an OSHA approved plan.

 

      (b)  Security is the condition of safeguarding against espionage, sabotage, crime (including computer crime), or attack.  A major breach of security may constitute a breach of contract that entitles the Government to exercise any of its rights and remedies applicable to material parts of this contract, including termination for default.  A major breach of security may occur on or off Government installations, but must be related directly to the work on the contract.  A major breach of security is an act or omission by the Contractor that results in compromise of classified information, illegal technology transfer, workplace violence resulting in criminal conviction, sabotage, compromise or denial of information technology services, equipment or property damage from vandalism greater than $250,000, or theft greater than $250,000.

 

  (c)  In the event of a major breach of safety or security, the Contractor shall report the breach to the Contracting Officer.  If directed by the Contracting Officer, the Contractor shall conduct its own investigation and report the results to the Government.  The Contractor shall cooperate with the Government investigation, if conducted.

 

(End of clause)

 

ALTERNATE I

(FEB 2006)

 

As prescribed in 1823.7001(d)(2), substitute the following paragraphs (a) and (b) for paragraphs (a) and (b) of the basic clause:

 

      (a) Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment.  Safety is essential to NASA and is a material part of this contract.  NASA’s safety priority is to protect: (1) the public; (2) astronauts and pilots; (3) the NASA workforce (including contractor employees working on NASA contracts); and (4) high-value equipment and property.  A major breach of safety may constitute a breach of contract that entitles the Government to exercise any of its rights and remedies applicable to material parts of this contract, including termination.  A major breach of safety must be related directly to the work on the contract. A major breach of safety is an act or omission of the Contractor that consists of an accident, incident, or exposure resulting in a fatality or mission failure; or in damage to equipment or property equal to or greater than $1 million; or in any "willful" or "repeat" violation cited by the Occupational Safety and Health Administration (OSHA) or by a state agency operating under an OSHA approved plan.

 

      (b) Security is the condition of safeguarding against espionage, sabotage, crime (including computer crime), or attack.  A major breach of security may constitute a breach of contract that entitles the Government to exercise any of its rights and remedies applicable to material parts of this contract, including termination.  A major breach of security may occur on or off Government installations, but must be related directly to the work on the contract.  A major breach of security is an act or omission by the Contractor that results in compromise of classified information, illegal technology transfer, workplace violence resulting in criminal conviction, sabotage, compromise or denial of information technology services, equipment or property damage from vandalism greater than $250,000, or theft greater than $250,000.

 

1852.223-76  Federal Automotive Statistical Tool Reporting.

As prescribed at 1823.271 and 1851.205, insert the following clause:

 

FEDERAL AUTOMOTIVE STATISTICAL TOOL REPORTING

(JUL 2003)

 

      If authorized to operate Government-owned or leased vehicles, including interagency fleet management system (IFMS) vehicles or related services in performance of this contract, the Contractor shall report the data describing vehicle usage required by the Federal Automotive Statistical Tool (FAST) by October 15 of each year.  FAST is accessed through https://fastweb.inel.gov/.

 

(End of clause)

 

1852.225-8  Duty-Free Entry of Space Articles. (FEB 2000).

As prescribed in 1825.1101(e), add the following paragraph (k) to the basic clause at FAR 52.225-8:

 

      (k)  The following supplies will be given duty-free entry:

      [Insert the supplies that are to be accorded duty-free entry.]

 

(End of addition)

 

1852.225-70  Export Licenses.

As prescribed in 1825.1103-70(b), insert the following clause:

 

EXPORT LICENSES

(FEB 2000)

 

      (a)  The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 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

(FEB 2000)

 

As prescribed in 1825.1103-70(b), add the following paragraph (e) as Alternate I to the clause:

 

      (e)  The Contractor may request, in writing, that the Contracting Officer 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.