04-09

Procurement Notice


December 15, 2005

NASA RESEARCH ANNOUNCEMENTS - SMALL BUISNESS SUBCONTRACTING PLANS AND PUBLICATION ACKNOWLEDGEMENT AND DISCLAIMERS

 

Background:  This PN revises the NASA FAR Supplement (NFS) to require for NASA Research Announcements: (1) submission of a small business subcontracting plan with any proposal having subcontracting possibilities that may result in the award of a contract whose value exceeds $5,000,000; and (2) acknowledgement of NASA sponsorship and disclaimer of agency endorsement of results.  

 

ACQUISITIONS AFFECTED BY CHANGES:  (1) NASA Research Announcements that might result in award of a contract. (2) The publication acknowledgement and disclaimer affects all research and development contracts, and interagency agreements and cost-reimbursement supply contracts involving research and development work, when prior review of all data produced during the performance of the contract is required before the contractor may publish, release, or otherwise disseminate the data, in accordance with 1835.070 (d)(2).

 

ACTION REQUIRED BY CONTRACTING OFFICERS:  Insert the revised provision at 1852.235-72, Instructions for Responding to NASA Research Announcements, and the revised Alternate II to the clause at 1852.235-73, Final Scientific and Technical Reports, in the prescribed solicitations and contracts issued and awarded after the date of this PN.

 

CLAUSE CHANGES:  Clauses 1852.235-72 and 1852.235-73.

 

PARTS AFFECTED:  Changes are made in Part 1852.

 

REPLACEMENT PAGES:  You may use the enclosed pages to replace 52:75, 52:76, 52:77, 52:78, 52:79, 52:80, 52:81, 52:82, 52:83, 52:84, 52:84.1 (added), 52-119, and 52-120 of the NFS.

 

TYPE OF RULE AND PUBLICATION DATE:  This PN was published as a final rule (70 FR 74206 - 74207) on December 15, 2005. 


HEADQUARTERS CONTACT:  Patrick Flynn, Office of Procurement, Contract Management Division, (202) 358-0460, email: patrick.flynn@nasa.gov.

 

 

Lou Becker

Acting Director, Contract Management Division

 

Enclosures

 

DISTRIBUTION:

  PN List



  (a)  For purposes of payment of cost, exclusive of fee, in accordance with the Limitation of Funds clause, the total amount allotted by the Government to this contract is $         .  This allotment is for [Insert applicable item number(s), task(s), or work description]            and covers the following estimated period of performance:           .

 (b)  An additional amount of $         is obligated under this contract for payment of fee.

(End of clause)

 

1852.232-82 Submission of Requests for Progress Payments.

  As prescribed in 1832.502-470, insert the following clause:

SUBMISSION OF REQUESTS FOR PROGRESS PAYMENTS

(MARCH 1989)

  The Contractor shall request progress payments in accordance with the Progress Payments clause by submitting to the Contracting Officer an original and two copies of Standard Form (SF) 1443, Contractor's Request for Progress Payment, and the contractor's invoice (if applicable).  The Contracting Officer's office is the designated billing office for progress payments for purposes of the Prompt Payment clause.

 (End of clause)

 

1852.233-70  Protests to NASA.

   As prescribed in 1833.106-70, insert the following provision:

PROTESTS TO NASA

(OCTOBER 2002)

  Potential bidders or offerors may submit a protest under 48 CFR Part 33 (FAR Part 33) directly to the Contracting Officer. As an alternative to the Contracting Officer's consideration of a protest, a potential bidder or offeror may submit the protest to the Assistant Administrator for Procurement, who will serve as or designate the official responsible for conducting an independent review.  Protests requesting an independent review shall be addressed to Assistant Administrator for Procurement, NASA Code H, Washington, DC 20546-0001.

(End of provision)

 

1852.235-70 Center for AeroSpace Information.

As prescribed in 1835.070(a), insert the following clause:

CENTER FOR AEROSPACE INFORMATION

(FEBRUARY 2003)

        (a) The Contractor should register with and avail itself of the services provided by the NASA

Center for AeroSpace Information (CASI) (http://www.sti.nasa.gov) for the conduct of research or research and development required under this contract.  CASI provides a variety of services and products as a NASA repository and database of research information, which may enhance contract performance.

   (b) Should the CASI information or service requested by the Contractor be unavailable or not

in the exact form necessary by the Contractor, neither CASI nor NASA is obligated to search for or change the format of the information.  A failure to furnish information shall not entitle the Contractor to an equitable adjustment under the terms and conditions of this contract.

   (c) Information regarding CASI and the services available can be obtained at the Internet address contained in paragraph (a) of this clause or at the following address.

 

Center for AeroSpace Information (CASI)

            7121 Standard Drive

            Hanover, Maryland  21076-1320

            Email:  help@sti.nasa.gov

            Phone: 301-621-0390

            FAX:  301-621-0134

(End of clause)

 

1852.235-71  Key Personnel and Facilities.

  As prescribed in 1835.070(b), insert the following clause:

KEY PERSONNEL AND FACILITIES

(MARCH 1989)

  (a)   The personnel and/or facilities listed below (or specified in the contract Schedule)  are considered essential to the work being performed under this contract.  Before removing, replacing, or diverting any of the listed or specified personnel or facilities, the Contractor shall (1) notify the Contracting Officer reasonably in advance and (2) submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.

   (b)   The Contractor shall make no diversion without the Contracting Officer's written consent; provided, that the Contracting Officer may ratify in writing the proposed change, and that ratification shall constitute the Contracting Officer's consent required by this clause.

   (c)   The list of personnel and/or facilities (shown below or as specified in the contract Schedule) may, with the consent of the contracting parties, be amended from time to time during the course of the contract to add or delete personnel and/or facilities.

 

   [List here the personnel and/or facilities considered essential, unless they are specified in the contract Schedule.]

(End of clause)

 

1852.235-72 Instructions for Responding to NASA Research Announcements.

As prescribed in 1835.070(c), insert the following provision:

INSTRUCTIONS FOR RESPONDING TO NASA RESEARCH ANNOUNCEMENTS

(DECEMBER 2005)

  (a) General.

       (1) Proposals received in response to a NASA Research Announcement (NRA) will be used only for evaluation pur­poses.  NASA does not allow a proposal, the contents of which are not available without restriction from another source, or any unique ideas submitted in response to an NRA to be used as the basis of a solicitation or in negotiation with other organizations, nor is a pre-award synop­sis published for individual proposals.

       (2) A solicited proposal that results in a NASA award becomes part of the record of that transaction and may be available to the public on specific request; however, infor­mation or material that NASA and the awardee mutually agree to be of a privi­leged nature will be held in confidence to the extent permitted by law, including the Freedom of Information Act.

       (3) NRAs contain programmatic information and certain requirements which apply only to proposals prepared in response to that particular announcement.  These in­structions contain the general proposal preparation information which applies to responses to all NRAs.

       (4) A contract, grant, cooperative agree­ment, or other agreement may be used to accomplish an effort funded in response to an NRA.  ­NASA will determine the appropriate award instrument.  Contracts resulting from NRAs are subject to the Federal Acquisition Regulation and the NASA FAR Supplement.  Any proposal from a large business concern that may result in the award of a contract, which exceeds $5,000,000 and has subcontracting possibilities should include a small business subcontracting plan in accordance with the clause at FAR 52.219-9, Small Business Subcontracting Plan.   (Subcontract plans for contract awards below $5,000,000, will be negotiated after selection.)  Any resultant grants or cooperative agreements will be awarded and administered in accor­dance with the NASA Grant and Coopera­tive Agreement Handbook (NPR 5800.1).

       (5) NASA does not have mandatory forms or formats for re­sponses to NRAs; however, it is requested that proposals conform to the guidelines in these instructions.  NASA may accept proposals without discussion; hence, proposals should initially be as complete as possible and be submitted on the proposers' most favorable terms.

       (6) To be considered for award, a submission must, at a minimum, present a specific project within the areas delineated by the NRA; contain sufficient technical and cost information to permit a meaningful evalu­ation; be signed by an official autho­rized to legally bind the submitting organization; not merely offer to perform standard services or to just provide computer facilities or services; and not significantly duplicate a more specific current or pending NASA solicitation.

  (b) NRA-Specific Items.  Several proposal submission items appear in the NRA itself:  the unique NRA identifier; when to submit proposals; where to send proposals; number of copies required; and sources for more information.  Items included in these instructions may be supplemented by the NRA.

  (c) The following information is needed to permit consideration in an objective manner.  NRAs will generally specify topics for which additional information or greater detail is desirable.  Each proposal copy shall contain all submitted material, including a copy of the transmittal letter if it contains substantive information.

       (1) Transmittal Letter or Prefatory Materi­al.

            (i) The legal name and address of the organization and specific division or cam­pus identification if part of a larger organi­zation;

            (ii) A brief, scientifically valid project title intelligible to a scientifically literate reader and suitable for use in the public press;

            (iii) Type of organization: e.g., profit, nonprofit, educational, small business, minority, women-owned, etc.;

            (iv) Name and telephone number of the principal investigator and business person­nel who may be contacted during evalua­tion or negotiation;

            (v) Identification of other organi­zations that are currently evaluating a proposal for the same efforts;

            (vi) Identification of the NRA, by number and title, to which the proposal is responding;

            (vii) Dollar amount requested, desired starting date, and duration of pro­ject;

            (viii) Date of submission; and

            (ix) Signature of a responsible official or authorized representative of the organi­zation, or any other person authorized to legally bind the organization (unless the signature appears on the proposal itself).

       (2) Restriction on Use and Disclosure of Proposal Information.  Information con­tained in proposals is used for evaluation purposes only.  Offerors or quoters should, in order to maximize protection of trade secrets or other information that is confidential or privileged, place the following notice on the title page of the proposal and specify the information subject to the notice by inserting an appropri­ate identification in the notice.  In any event, information contained in proposals will be protected to the extent permitted by law, but NASA assumes no liability for use and disclosure of information not made subject to the notice.

Notice

Restriction on Use and Disclosure of Proposal Information

   The information (data) contained in [insert page numbers or other identification] of this proposal constitutes a trade secret and/or information that is commercial or financial and confidential or privileged.  It is furnished to the Government in confi­dence with the understanding that it will not,

without permission of the offeror, be used or disclosed other than for evaluation purposes; provided, however, that in the event a contract (or other agreement) is awarded on the basis of this proposal the Government shall have the right to use and disclose this information (data) to the ex­tent provided in the contract (or other agreement).  This restriction does not limit the Government's right to use or disclose this information (data) if obtained from another source without restriction.

       (3) Abstract.  Include a concise (200-300 word if not otherwise specified in the NRA) abstract describing the objective and the method of approach.

       (4) Project Description.

            (i) The main body of the proposal shall be a detailed statement of the work to be undertaken and should include objectives and expected significance; relation to the present state of knowledge; and relation to previous work done on the pro­ject and to related work in progress else­where.  The statement should outline the plan of work, including the broad design of experiments to be undertaken and a description of experimental methods and procedures.  The project de­scription should address the evaluation factors in these instructions and any spe­cific factors in the NRA.  Any substantial collaboration with individuals not referred to in the budget or use of consultants should be described.  Subcontracting significant portions of a research project is discouraged.

            (ii) When it is expected that the effort will require more than one year, ­the proposal should cover the complete project to the extent that it can be reason­ably anticipated.  Principal emphasis should be on the first year of work, and the description should distin­guish clearly between the first year's work and work planned for subsequent years.

       (5) Management Approach.  For large or complex efforts involving interactions among numerous individuals or other organizations, plans for distri­bution of responsibilities and ­ar­rangements for ensuring a coordi­nated effort should be described.

       (6) Personnel.  The principal investigator is responsible for supervision of the work and partici­pates in the conduct of the re­search regard­less of whether or not compensated under the award.  A short bio­graphical sketch of the prin­cipal investiga­tor, a list of principal publications and any exceptional qualifi­cations should be includ­ed.  Omit social security number and other personal items which do not merit consider­ation in evaluation of the proposal.  Give similar biographical information on other senior professional personnel who will be di­rectly associated with the project.  Give the names and titles of any other scien­tists and technical personnel associated substan­tially with the project in an advisory capac­ity.  Universities should list the approxi­mate number of students or other assistants, together with information as to their level of academic attainment.  Any special industry-university cooperative arrange­ments should be described.

       (7) Facilities and Equipment.

            (i) Describe available facilities and major items of equipment especially adapt­ed or suited to the proposed project, and any additional major equipment that will be required.  Identify any Government-owned facilities, industrial plant equip­ment, or special tooling that are proposed for use.  Include evidence of its availability and the cognizant Government points of contact.

            (ii) Before requesting a major item of capital equipment, the proposer should determine if sharing or loan of equipment already within the organization is a feasible alternative.  Where such ar­rangements cannot be made, the proposal should so state.  The need for items that typically can be used for research and non-research purposes should be explained.

       (8) Proposed Costs (U.S. Proposals Only).

            (i) Proposals should contain cost and technical parts in one volume: do not use separate "confidential" salary pages.  As applicable, include separate cost estimates for salaries and wages; fringe benefits; equipment; expendable materials and sup­plies; services; domestic and foreign travel; ADP expenses; publication or page charges; consultants; subcontracts; other miscella­neous identifiable direct costs; and indirect costs.  List salaries and wages in appropri­ate organizational categories (e.g., principal investigator, other scientific and engineer­ing professionals, graduate students, re­search assistants, and technicians and other non-professional personnel).  Estimate all staffing data in terms of staff-months or fractions of full-time.

            (ii) Explanatory notes should accompa­ny the cost proposal to provide identifica­tion and estimated cost of major capital equipment items to be acquired; purpose and estimated number and lengths of trips planned; basis for indirect cost computation (including date of most recent negotiation and cognizant agency); and clarification of other items in the cost proposal that are not self-evident.  List estimated expenses as yearly requirements by major work phases.

            (iii) Allowable costs are governed by FAR Part 31 and the NASA FAR Supplement Part 1831 (and OMB Circulars A-21 for educational institutions and A-122 for nonprofit organizations).

(iv) Use of NASA funds--NASA funding may not be used for foreign research efforts at any level, whether as a collaborator or a subcontract.  The direct purchase of supplies and/or services, which do not constitute research, from non-U.S. sources by U.S. award recipients is permitted.  Additionally, in accordance with the National Space Transportation Policy, use of a non-U.S. manufactured launch vehicle is permitted only on a no-exchange-of-funds basis.

       (9) Security.  Proposals should not contain security classi­fied material.  If the research requires access to or may generate security classified informa­tion, the submit­ter will be required to comply with ­Government securi­ty regulations.

       (10) Current Support.  For other current projects being con­ducted by the principal investigator, provide title of project, sponsoring agency, and ending date.

       (11) Special Matters.

             (i) Include any required statements of environmental impact of the research, human subject or animal care provisions, conflict of interest, or on such other topics as may be required by the nature of the effort and current statutes, executive or­ders, or other current Government-wide guidelines.

 (ii) Identify and discuss risk factors and issues throughout the proposal where they are relevant, and your approach to managing these risks.

             (iii) Proposers should include a brief description of the organization, its facili­ties, and previous work experience in the field of the proposal.  Identify the cogni­zant Government audit agency, inspection agency, and administrative contracting officer, when applicable.

  (d) Renewal Proposals.

       (1) Renewal proposals for existing awards will be considered in the same manner as proposals for new endeavors.  A renewal proposal should not repeat all of the information that was in the

original proposal.  The renewal proposal should refer to its predecessor, update the parts that are no longer current, and indicate what elements of the research are expected to be covered during the period for which support is desired.  A description of any significant findings since the most recent progress report should be included.  The renewal proposal should treat, in rea­sonable detail, the plans for the next period, contain a cost estimate, and otherwise ad­here to these instructions.

       (2) NASA may renew an effort either through amendment of an existing contract or by a new award.

  (e) Length.  Unless otherwise specified in the NRA, effort should be made to keep propos­als as brief as possible, concentrating on substantive material.  F­­ew proposals need exceed 15-20 pages.  Necessary detailed infor­mation, such as reprints, should be included as attachments.  A complete set of attach­ments is necessary for each copy of the proposal.  As proposals are not returned, avoid use of "one-of-a-kind" attachments.

  (f) Joint Proposals.

       (1) Where multiple organizations are involved, the proposal may be submitted by only one of them.  It should clearly describe the role to be played by the other organizations and indicate the legal and managerial arrangements contem­plated.  In other instances, simultaneous submission of related proposals from each organization might be appropriate, in which case parallel awards would be made.

       (2) Where a project of a cooperative nature with NASA is contemplated, describe the contributions expect­ed from any participating NASA investiga­tor and agency facilities or equipment which may be required.  The proposal must be confined only to that which the proposing organization can com­mit itself.  "Joint" proposals which specify the internal arrangements NASA will actually make are not acceptable as a means of establishing an agency commit­ment.

  (g) Late Proposals.  Proposals or proposal modifications received after the latest date specified for receipt may be considered if a significant reduction in cost to the Government is probable or if there are significant technical advantages, as compared with proposals previously received.

  (h) Withdrawal.  Proposals may be withdrawn by the propos­er at any time before award.  Offerors are requested to notify NASA if the proposal is funded by another organization or of other changed circumstances which dictate termination of evaluation.

  (i) Evaluation Factors.

       (1) Unless otherwise specified in the NRA, the principal elements (of approximately equal weight) considered in evaluating a proposal are its relevance to NASA's objec­tives, intrinsic merit, and cost.

       (2) Evaluation of a proposal's relevance to NASA's objectives includes the consider­ation of the potential contribution of the effort to NASA's mission.

       (3) Evaluation of its intrinsic merit includes the consideration of the following factors of equal importance:

            (i) Overall scientific or technical merit of the proposal or unique and innovative methods, approaches, or concepts demon­strated by the proposal.

            (ii) Offeror's capabilities, related experience, facilities, techniques, or unique combinations of these which are integral factors for achieving the proposal objec­tives.

            (iii) The qualifications, capabilities, and experience of the proposed principal investigator, team leader, or key personnel critical in achieving the proposal objectives.

            (iv) Overall standing among similar proposals and/or evaluation against the state-of-the-art.

       (4) Evaluation of the cost of a proposed effort may include the realism and reasonableness of the proposed cost and available funds.

  (j) Evaluation Techniques.  Selection decisions will be made follow­ing peer and/or scientific review of the propos­als.  Several evaluation techniques are regularly used within NASA.  In all cases proposals are subject to scientific review by discipline special­ists in the area of the proposal. Some proposals are reviewed entirely in-house, others are evaluated by a combination of in-house and selected external reviewers, while yet others are subject to the full external peer review tech­nique (with due regard for conflict-of-interest and protection of proposal informa­tion), such as by mail or through assembled panels.  The final decisions are made by a NASA selecting official.  A proposal which is scientifically and programmati­cally meritorious, but not selected for award

during its initial review, may be included in subsequent reviews unless the proposer requests other­wise.

  (k) Selection for Award.

        (1) When a proposal is not selected for award, the proposer will be  noti­fied.  NASA will explain generally why the proposal was not selected.  Proposers desir­ing additional information may contact the selecting official who will arrange a de­briefing.

        (2) When a proposal is selected for award, negotiation and award will be handled by the procurement office in the funding installation.  The proposal is used as the basis for negotiation.  The con­tracting officer may re­quest certain busi­ness data and may for­ward a model award instrument and other informa­tion pertinent to negotiation.

  (l)  Additional Guidelines Applicable to Foreign Proposals and Proposals Including Foreign Participation.

      (1) NASA welcomes proposals from outside the U.S.  However, foreign entities are generally not eligible for funding from NASA. Therefore, unless otherwise noted in the NRA, proposals from foreign entities should not include a cost plan unless the proposal involves collaboration with a U.S. institution, in which case a cost plan for only the participation of the U.S. entity must be included.  Proposals from foreign entities and proposals from U.S. entities that include foreign participation must be endorsed by the respective government agency or funding/sponsoring institution in the country from which the foreign entity is proposing.  Such endorsement should indicate that the proposal merits careful consideration by NASA, and if the proposal is selected, sufficient funds will be made available to undertake the activity as proposed.

      (2)  All foreign proposals must be typewritten in English and comply with all other submission requirements stated in the NRA.  All foreign proposals will undergo the same evaluation and selection process as those originating in the U.S.  All proposals must be received before the established closing date.  Those received after the closing date will be treated in accordance with paragraph (g) of this provision.  Sponsoring foreign government agencies or funding institutions may, in exceptional situations, forward a proposal without endorsement if endorsement is not possible before the announced closing date.  In such cases, the NASA sponsoring office should be advised when a decision on endorsement can be expected.

      (3)  Successful and unsuccessful foreign entities will be contacted directly by the NASA sponsoring office.  Copies of these letters will be sent to the foreign sponsor.  Should a foreign proposal or a U.S. proposal with foreign participation be selected, NASA's Office of External Relations will arrange with the foreign sponsor for the proposed participation on a no-exchange-of-funds basis, in which NASA and the non-U.S. sponsoring agency or funding institution will each bear the cost of discharging their respective responsibilities.

      (4)  Depending on the nature and extent of the proposed cooperation, these arrangements may entail:

            (i)  An exchange of letters between NASA and the foreign sponsor; or

           (ii)  A formal Agency-to-Agency Memorandum of Understanding (MOU).

 (m) Cancellation of NRA.  NASA reserves the right to make no awards under this NRA and to cancel this NRA.  NASA assumes no liability for canceling the NRA or for anyone's failure to receive actual notice of cancellation.

(End of provision)

 

1852.235-73 Final Scientific and Technical Reports.

As prescribed in 1835.070(d) insert the following clause:

Final Scientific and Technical Reports

(DECEMBER 2005)

   (a) The Contractor shall submit to the Contracting Officer a final report that summarizes the

results of the entire con­tract, including recom­menda­tions and conclusions based on the experience and results obtained.  The final report should include tables, graphs, diagrams, curves, sketches, photo­graphs, and drawings in sufficient detail to explain comprehensively the results achieved under the contract.

   (b) The final report shall be of a quality suitable for publication and shall follow the formatting and stylistic guidelines contained in NPR 2200.2, Guidelines for Documentation, Approval, and Dissemination of NASA Scientific and Technical Information.  Electronic formats for submission of reports should be used to the maximum extent practical.  Before electronically submitting reports containing scientific and technical information (STI) that is export-controlled or limited or restricted, contact the Contracting Officer to determine the requirements to electronically transmit these forms of STI.  If appropriate electronic safeguards are not available at the time of submission, a paper copy or a CD-ROM of the report shall be required.  Information regarding appropriate electronic formats for final reports is available at http://www.sti.nasa.gov under “Publish STI – Electronic File Formats.”

   (c) The last page of the final report shall be a completed Standard Form (SF) 298, Report Documentation Page.

   (d) In addition to the final report submitted to the Contracting Officer, the Contractor shall concurrently provide to the Center STI/Publication Manager and the NASA Center for AeroSpace Information (CASI) a copy of the letter transmitting the final report to the Contracting Officer.  The copy of the letter shall be submitted to CASI at the following address:

Center for AeroSpace Information (CASI)

Attn: Acquisitions Collections Development Specialist

            7121 Standard Drive

            Hanover, Maryland  21076-1320

   (e) In accordance with paragraph (d) of the Rights in Data --General clause (52.227-14) of this contract, the Contractor may publish, or otherwise disseminate, data produced during the performance of this contract, including data contained in the final report, and any additional reports required by 1852.235-74 when included in the contract, without prior review by NASA.  The Contractor is responsible for reviewing publication or dissemination of the data for conformance with laws and regulations governing its distribution, including intellectual property rights, export control, national security and other requirements, and to the extent the contractor receives or is given access to data necessary for the performance of the contract which contain restrictive markings, for complying with such restrictive markings.  Should the Contractor seek to publish or otherwise disseminate the final report, or any additional reports required by 1852.235-74 if applicable, as delivered to NASA under this contract, the Contractor may do so once NASA has completed its document availability authorization review, and availability of the report has been determined.

(End of clause)

 

Alternate I 

(FEBRUARY 2003)

   As prescribed by 1835.070(d)(1), insert the following as paragraph (e) of the basic clause:

   (e) The data resulting from this research activity is “fundamental research” which will be broadly shared within the scientific community.  No foreign national access or dissemination restrictions apply to this research activity.   The Contractor may publish, release, or otherwise disseminate data produced during the performance of this contract, including the final report, without prior review by NASA for export control or national security purposes.  However, NASA retains the right to review the final report to ensure that proprietary information, which may have been provided to the Contractor, is not released without authorization and for consistency with NASA publication standards.  Additionally, the Contractor is responsible for reviewing any publication, release, or dissemination of the data for conformance with other restrictions expressly set forth in this contract, and to the extent it receives or is given access to data necessary for the performance of the contract which contain restrictive markings, for compliance with such restrictive markings.

 

Alternate II

(DECEMBER 2005)

   As prescribed by 1835.070(d)(2), insert the following as paragraph (e) of the basic clause:

    (e) Data resulting from this research activity may be subject to export control, national security restrictions or other restrictions designated by NASA; or, to the extent the Contractor receives or is given access to data necessary for the performance of the contract which contain restrictive markings, may include proprietary information of others.  Therefore, the Contractor shall not publish, release, or otherwise disseminate, except to NASA, data produced during the performance of this contract, including data contained in the final report and any additional reports required by 1852.235-74 when included in the contract, without prior review by NASA.  Should the Contractor seek to publish, release, or otherwise disseminate data produced during the performance of this contract, the Contractor may do so once NASA has completed its document availability authorization review and the availability of the data has been determined.

    (f) All publications of any material based on or developed under NASA sponsored projects shall include an acknowledgement similar to the following:

“The material is based upon work supported by the National Aeronautics and Space Administration under Contract Number XXXX.”

Except for articles or papers published in scientific, technical or professional journals, the exposition of results from NASA supported research shall also include the following disclaimer:

"Any opinions, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the National Aeronautics and Space Administration."

 

ALTERNATE III

(JANUARY 2005)

As prescribed by 1835.070(d)(3), insert the following as paragraph (e) of the basic clause:

    (e) The Contractor’s rights in data are defined in FAR 52.227-20, Rights In Data – SBIR Program.  The Contractor may publish, or otherwise disseminate, such data without prior review by NASA.  The Contractor is responsible for reviewing publication or dissemination of the data for conformance with laws and regulations governing its distribution, including intellectual property rights, export control, national security and other requirements, and to the extent the Contractor receives or is given access to data necessary for the performance of the contract which contain restrictive markings, for complying with such restrictive markings.  In the event the Contractor has established its claim to copyright data produced under this contract and has affixed a copyright notice and acknowledgement of Government sponsorship, or has affixed the SBIR Rights Notice contained in paragraph (d) of FAR 52.227-20, the Government shall comply with such Notices.

 

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

As prescribed in 1835.070(e), insert a clause substantially the same as the following:

ADDITIONAL REPORTS OF WORK -- RESEARCH AND DEVELOPMENT

(FEBRUARY 2003)

   In addition to the final report required under this contract, the Contractor shall submit the following report(s) to the Contracting Officer:

   (a) Monthly progress reports.  The Contractor shall submit separate monthly reports of all work accomplished during each month of contract performance.  Re­ports shall be in narrative form, brief, and informal.  They shall include a quantitative descrip­tion of progress, an indication of any current prob­lems that may impede performance, proposed correc­tive action, and a discussion of the work to be performed during the next monthly reporting period

   (b) Quarterly progress reports.  The Contractor shall submit separate quarterly reports of all work accomplished during each three-month period of contract performance.  In addition to factual data, these reports should include a separate analysis section interpreting the results obtained, recommend­ing further action, and relating occurrences to the ulti­mate objectives of the contract.  Sufficient dia­grams, sketches, curves, photographs, and drawings should be included to convey the intended meaning.

   (c) Submission dates.  Monthly and quarterly reports shall be submitted by the 15th day of the month following the month or quarter being reported.  If the contract is awarded beyond the middle of a month, the first monthly report shall cover the period from award until the end of the following month.  No monthly report need be submitted for the third month of contract effort for which a quarterly report is required.  No quarterly report need be submitted for the final three months of contract effort since that period will be covered in the final report.  The final report shall be submitted within ____days after the completion of the effort under the contract.

(End of clause)

 

1852.236-71 Additive or Deductive Items.

  As prescribed in 1836.570(a), insert the following provision:

ADDITIVE OR DEDUCTIVE ITEMS

(MARCH 1989)


  (a)  The low bidder for purposes of award shall be the conforming responsible bidder offering the low aggregate amount for the first or base bid item, plus or minus (in order of priority listed in the Schedule) those additive or deductive bid items providing the most features of the work within the funds determined by the Government to be available before bids are opened. If addition of another bid item in the listed order of priority would make the award exceed those funds for all bidders, it shall be skipped and the next subsequent additive bid item in a lower amount shall be added for each bid if award on it can be made within the  funds.

   (b) An example for one bid is an amount available of $100,000, a bidder's base bid of $85,000, and four successive additives of $10,000, $8,000, $6,000, and $4,000.  In this example,