1852.217-70 Property Administration and Reporting.
As
prescribed in 1817.7004-6 and 1817.7005-3, insert the following clause:
PROPERTY
ADMINISTRATION AND REPORTING
(DECEMBER
2005)
All
property acquired for, and reimbursed by, NASA or transferred by NASA for use
under this NASA-Interagency Purchase Request shall be controlled and accounted
for in accordance with the servicing agency’s normal procedures. All excess items, however, costing $500 or
more and in condition Code 7 or better (GSA Condition Codes) shall be reported
to the NASA originating office for possible reutilization before disposition.
(End
of clause)
1852.217-71 Phased Acquisition Using Down-Selection
Procedures.
As prescribed in 1817.7302(a),
insert the following clause:
PHASED
ACQUISITION USING DOWN-SELECTION PROCEDURES
(NOVEMBER 2011)
(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. 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 a solicitation.
(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 1817.7302(b),
insert the following clause:
PHASED
ACQUISITION USING PROGRESSIVE COMPETITION
DOWN-SELECTION
PROCEDURES
(NOVEMBER 2011)
(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)
1852.219-73 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
Use of Rural Area Small
Businesses.
As
prescribed in 1819.7103,
insert the following clause:
USE
OF RURAL AREA SMALL BUSINESSES
(SEPTEMBER
1990)
(a)
Definitions.
"Rural area" means any county
with a population of fewer than twenty thousand individuals.
"Small
business concern,"
as used in this clause, means a concern, including its affiliates, that is
independently owned and operated, not dominant in the field of operation in
which it is bidding under this contract, and qualified as a small business
under the criteria and size standards in 13 CFR 121.
(b)
NASA prime and subcontractors are encouraged to use their best efforts to award
subcontracts to small business concerns located in rural areas.
(c)
Contractors acting in good faith may rely on written representations by their
subcontractors regarding their status as small business concerns located in
rural areas.
(d)
The Contractor agrees to insert the provisions of this clause, including this
paragraph (d), in all subcontracts hereunder that offer subcontracting
possibilities.
(End
of clause)
1852.219-75 Small Business Subcontracting Reporting.
As prescribed in 1819.708-70(b),
insert the following clause:
SMALL BUSINESS SUBCONTRACTING REPORTING
(MAY
1999)
(a) The Contractor shall submit the Summary
Subcontract Report (Standard Form (SF) 295) semiannually for the reporting
periods specified in block 4 of the form.
All other instructions for SF 295 remain in effect.
(b) The Contractor shall include this clause
in all subcontracts that include the clause at FAR 52.219-9.
(End
of clause)
1852.219-76 NASA 8 Percent
Goal.
As prescribed in 1819.7003
insert the following clause:
NASA
8 PERCENT GOAL
(JULY
1997)
(a) Definitions.
"Historically
s
"Minority institutions,"
as used in this clause, means an institution of higher education meeting the
requirements of section 1046(3) of the Higher Education Act of 1965 (20 U.S.C.
1135d-5(3)) which for the purposes of this clause includes a Hispanic-serving
institution of higher education as defined in section 316(b)(1) of the Act (20
U.S.C. 1059c(b)(1)).
"Small
disadvantaged business concern," as used in this clause, means a small
business concern that (1) is at least 51 percent unconditionally owned by one
or more individuals who are both socially and economically disadvantaged, or a
publicly owned business having at least 51 percent of its stock unconditionally
owned by one or more socially and economically disadvantaged individuals, and
(2) has its management and daily business controlled by one or more such
individuals. This term also means a
small business concern that is at least 51 percent unconditionally owned by an
economically disadvantaged Indian tribe or Native Hawaiian Organization, or a
publicly owned business having at least 51 percent of its stock unconditionally
owned by one or more of these entities, which has its management and daily
business controlled by members of an economically disadvantaged Indian tribe or
Native Hawaiian Organization, and which meets the requirements of 13 CFR 124.
“Women-owned
small business concern,” as used in this clause, means a small business concern
(1) which is at least 51 percent owned by one or more women or, in the case of
any publicly owned business, at least 51 percent of the stock of which is owned
by one or more women, and (2) whose management and daily business operations
are controlled by one or more women.
(b) The NASA Administrator is required by
statute to establish annually a goal to make available to small disadvantaged
business concerns, Historically Black Colleges and Universities, minority
institutions, and women-owned small business concerns, at least 8 percent of
NASA’s procurement dollars under prime contracts or subcontracts awarded in support
of authorized programs, including the space station by the time operational
status is obtained.
(c) The contractor hereby agrees to assist
NASA in achieving this goal by using its best efforts to award subcontracts to
such entities to the fullest extent consistent with efficient contract
performance.
(d) Contractors acting in good faith may rely
on written representations by their subcontractors regarding their status as
small disadvantaged business concerns, Historically Black Colleges and Universities,
minority institutions, and women-owned small business concerns.
(End
of clause)
1852.219-77
NASA Mentor-Protégé Program.
As
prescribed in 1819.7215, insert the following clause:
NASA
MENTOR-PROTE'GE' PROGRAM
(MAY
2009)
(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 certified 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
(MAY
2009)
(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 certified 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 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.
(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
(OCTOBER
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
(OCTOBER
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
(OCTOBER
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
(OCTOBER
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
(OCTOBER
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
(OCTOBER
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.
As
prescribed in 1823.7001(a),
insert the following clause:
SAFETY
AND HEALTH
(APRIL
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. 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 comply with all Federal, State, and local laws
applicable to safety and occupational health
and with the safety and occupational health
standards, specifications, reporting requirements, and any other relevant
requirements of this contract.
(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 and promptly report to the
Contracting Officer
or a designee any accident, incident, or exposure resulting in fatality,
lost-time occupational injury, occupational disease, contamination of property
beyond any stated acceptable limits set forth in the contract Schedule; or
property loss of $25,000 or more, or Close Call (a situation or occurrence with
no injury, no damage or only minor damage (less than $1,000) but possesses the
potential to cause any type mishap, or any injury, damage, or negative mission
impact) that may be of immediate interest to NASA, arising out of work
performed under this contract. The
Contractor is not required to include in any report an expression of opinion as
to the fault or negligence of any employee.
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 investigate all work-related incidents,
accidents, and Close Calls, to the extent necessary to determine their causes
and furnish the Contracting Officer a report, in such form as the Contracting
Officer may require, of the investigative findings and proposed or completed
corrective actions.
(f)(1) The Contracting Officer may notify the Contractor in writing 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 shall notify
the Contractor orally, with written confirmation. The Contractor shall promptly
take and report 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 invoke the
stop-work order clause in this contract or any other remedy available to the
Government in the event of such failure or refusal.
(g) The Contractor (or subcontractor or supplier) shall insert the substance of this clause, including this paragraph (g) and any applicable Schedule provisions and clauses, with appropriate changes of designations of the parties, in all solicitations and subcontracts of every tier, when one or more of the following conditions exist:
(1) The work will be conducted completely or partly on premises owned or controlled by the Government.
(2) The work includes construction, alteration, or repair of facilities in excess of the simplified acquisition threshold.
(3) The work, regardless of place of performance, involves hazards that could endanger the public, astronauts and pilots, the NASA workforce (including Contractor employees working on NASA contracts), or high value equipment or property, and the hazards are not adequately addressed by Occupational Safety and Health Administration (OSHA) or Department of Transportation (DOT) regulations (if applicable).
(4) When the Contractor (or subcontractor or supplier) determines that the assessed risk and consequences of a failure to properly manage and control the hazard(s) warrants use of the clause.
(h) The
Contractor (or subcontractor or supplier) may exclude the provisions of paragraph
(g) from its solicitation(s) and subcontract(s) of every tier when it
determines that the clause is not necessary because the application of the OSHA
and DOT (if applicable) regulations constitute adequate safety and occupational
health protection. When a determination
is made to exclude the provisions of paragraph (g) from a solicitation and
subcontract, the Contractor must notify and provide the basis for the
determination to the Contracting Officer.
In subcontracts of every tier above the micro-purchase threshold for
which paragraph (g) does not apply, the Contractor (or subcontractor or
supplier) shall insert the substance of paragraphs (a), (b), (c), and (f) of
this clause).
(i) Authorized Government representatives of
the Contracting Officer shall have access to and the right to examine the sites
or areas where work under this contract is being performed in order to
determine the adequacy of the Contractor's safety and occupational health measures under this clause.
(j) The contractor shall continually update the safety and health plan when necessary. In particular, the Contractor shall furnish a list of all hazardous operations
to be performed, and a list of other major or key operations required or
planned in the performance of the contract, even though not deemed hazardous by
the Contractor. NASA and the Contractor shall jointly decide which operations
are to be considered hazardous, with NASA as the final authority. Before hazardous operations commence, the
Contractor shall submit for NASA concurrence --
(1) Written hazardous operating
procedures for all hazardous operations; and/or
(2) Qualification standards for personnel
involved in hazardous operations.
(End
of clause)
1852.223-71
Frequency
Authorization.
As
prescribed in 1823.7101,
insert the following clause:
FREQUENCY
AUTHORIZATION
(DECEMBER
1988)
(a)
Authorization of radio frequencies required in support of this contract shall
be obtained by the Contractor or subcontractor in need thereof.
(b)
For any experimental, developmental, or operational equipment for which the
appropriate frequency allocation has not been made, the Contractor or
subcontractor shall provide the technical operating characteristics of the
proposed electromagnetic radiating device to the Contracting Officer during the
initial planning, experimental, or developmental phase of contractual
performance. Procedures furnished by the
Contracting Officer shall be followed in obtaining radio frequency
authorization.
(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(e), insert the following clause:
SAFETY AND HEALTH (SHORT FORM)
(APRIL 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. 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 consistent with standard industry practice in performing this contract. The Contractor shall comply with all Federal, State, and local laws applicable to safety and occupational health and with the safety and occupational health standards, specifications, reporting requirements, and any other relevant requirements of this contract.
(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 Contracting Officer may notify the Contractor in writing of any noncompliance with this clause and specify corrective actions to be taken. In situations where 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 shall notify the Contractor orally, with written confirmation. The Contractor shall promptly take and report any necessary corrective action. The Government may pursue appropriate remedies in the event the Contractor fails to promptly take the necessary corrective action.
(e) The Contractor (or subcontractor or supplier) shall insert the substance of this clause, including this paragraph (e) and any applicable Schedule provisions, with appropriate changes of designations of the parties, in subcontracts of every tier that exceed the micro-purchase threshold.
(End
of clause)
1852.223-73 Safety
and Health Plan.
As prescribed in 1823.7001(c),
insert the following provision:
SAFETY
AND HEALTH PLAN
(NOVEMBER
2004)
(a) The offeror
shall submit a detailed safety and occupational health plan as part of its
proposal
(see NPR 8715.3, NASA Safety Manual, Appendices). 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) When applicable, the plan shall address
the policies, procedures, and techniques that will be used to ensure the safety
and occupational health of the public, astronauts and pilots, the NASA
workforce (including Contractor employees working on NASA contracts), and
high-value equipment and property.
(c) The plan shall similarly address
subcontractor employee safety and occupational health for those proposed
subcontracts that contain one or more of the following conditions:
(1)
The work will be conducted completely or partly on premises owned or controlled
by the
government.
(2)
The work includes construction, alteration, or repair of facilities in excess
of the
simplified acquisition threshold.
(3)
The work, regardless of place of performance, involves hazards that could
endanger the
public,
astronauts and pilots, the NASA workforce (including Contractor employees
working on NASA contracts), or high value equipment or property, and the
hazards are not adequately addressed by Occupational Safety and Health
Administration (OSHA) or Department of Transportation (DOT) regulations (if
applicable).
(4)
When the assessed risk and consequences of a failure to properly manage and
control the
hazards warrants use of the clause.
(d) This plan, as approved by the Contracting Officer, will be included in any resulting contract.
(End of provision)
ALTERNATE
I
(NOVEMBER 2004)
As
prescribed in 1823.7001(c), delete the first sentence in paragraph (a) of the
basic provision and substitute the following:
The apparent low bidder, upon
request by the Contracting Officer, shall submit a detailed safety and
occupational health plan (see NPR 8715.3, NASA Safety Manual, Appendices). 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
(MARCH
1996)
(a)
Definitions. As used in this clause the
terms "employee," "controlled substance," "employee
in a sensitive position," and “use,
in violation of applicable law or Federal regulation, of alcohol” are as
defined in 48 CFR 1823.570-2.
(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)
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.
(3)
The Contractor's program shall test for the use of marijuana and cocaine. The Contractor's program may test for the use
of other controlled substances.
(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 (59 FR 29908, June 9, 1994) and the procedures in 49
CFR part 40, "Procedures for Transportation Workplace Drug Testing
Programs," in which references to "DOT" shall be read as
"NASA", and the split sample method of collection shall be used.
(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
(FEBRUARY 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
(FEBRUARY 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:
(JULY
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 http://fastweb.inel.gov/.
(End of clause)
1852.225-8 Duty-Free
Entry of Space Articles.
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)
As prescribed in 1825.1103-70(b),
insert the following clause:
EXPORT
LICENSES
(FEBRUARY
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
(FEBRUARY
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.