04-73
Procurement Notice
September 27, 2012
Cross Waivers of Liability
PURPOSE: The purpose of this PN is to consolidate
NASA’s three existing cross-waiver of liability clauses into two clauses and to
align the two clauses with Agency mission requirements, consistent with the
cross-waiver of liability regulatory authority at 14 CFR 1266.
BACKGROUND: The regulatory authority at 14 CFR 1266 was
promulgated on February 26, 2008 (73 FR 10143-50) by the Office of General
Counsel. The February 2008 rule
established NASA’s cross-waiver of liability authority in two categories of
NASA agreements: (1) agreements for ISS
activities pursuant to the “Agreement Among the Government of Canada,
Governments of Member States of the European Space Agency, the Government of
Japan, the Government of the Russian Federation, and the Government of the
United States of America concerning Cooperation on the Civil International
Space Station” (commonly referred to as the ISS Intergovernmental Agreement, or
IGA); and (2) launch agreements involving science or space exploration
activities unrelated to the ISS.
Following
promulgation of the two-category regulatory authority, the NASA FAR Supplement
three-category contract clause arrangement no longer aligned. The procurement rule of May 7, 2011 proposed
to delete one clause and realign the remaining two to cover the two categories
of contracts on which cross-waivers of liability are authorized and
required: contracts supporting ISS and
contracts supporting launches into space that are not related to the ISS. Clause 1852.228-72, Cross-Waiver of Liability for Space Shuttle Services is
deleted. Clause 1852.228-76 is amended and retitled Cross-Waiver of Liability for
International Space Station Activities, and 1852.228-78 is amended and retitled Cross-Waiver of Liability for Science or
Space Exploration Activities Unrelated to the International Space Station.
Wherever
the cross-waiver of liability clauses are referenced
in the NASA FAR Supplement, conforming changes are being made to clause numbers
and titles.
ACQUISITIONS AFFECTED BY CHANGES: This requirement is applicable to all
solicitations issued on or after the effective date of this PN.
ACTIONS REQUIRED BY CONTRACTING OFFICERS:
Contracting officers shall use the revised clause for all solicitations issued
and contracts awarded on or after the effective date of this PN, in accordance
with the prescription at 1828.371. CMM
and contract templates have been updated to include the revised clause.
CLAUSE CHANGES:
1852.228-72, 1852.228-76, and 1852.228-78.
PARTS AFFECTED:
Parts 1812, 1828, and 1852.
EFFECTIVE
DATE: This PN is effective on October 29, 2012, and
will automatically be cancelled when incorporated into the NASA FAR Supplement
(NFS).
CANCELLATION:
PIC 09-11 is hereby
cancelled.
REPLACEMENT PAGES:
Replacement pages will no longer be distributed. NFS changes will be posted to the official
on-line version at:
TYPE OF RULE AND PUBLICATION DATE:
These changes were published as a final rule in the Federal Register (FR Vol.
77, No. 188, 59339 - 59343) September 27, 2012.
HEADQUARTERS CONTACT:
Leigh Pomponio, Contract Management Division, 202-358-0592, email: leigh.pomponio@nasa.gov.
Ronald
A. Poussard
Director,
Contract Management Division
Enclosures
PART 1812
ACQUISITION OF COMMERCIAL ITEMS
TABLE
OF CONTENTS
SUBPART 1812.3 SOLICITATION PROVISIONS AND CONTRACT CLAUSES
FOR THE ACQUISITION OF COMMERCIAL ITEMS
1812.301 Solicitation
provisions and contract clauses for the acquisition of commercial items.
1812.302 Tailoring of provisions and clauses
for the acquisition of commercial items.
SUBPART 1812.4 UNIQUE
REQUIREMENTS REGARDING TERMS AND CONDITIONS FOR COMMERCIAL
ITEMS
1812.404 Warranties.
SUBPART 1812.70 COMMERCIAL
SPACE HARDWARE OR SERVICES
1812.7000 Prohibition
on guaranteed customer bases for new commercial space hardware or services.
PART 1812
ACQUISITION OF COMMERCIAL ITEMS
Subpart 1812.3--Solicitation
Provisions and Contract Clauses
for
the Acquisition of Commercial Items
1812.301 Solicitation provisions and contract clauses for
the acquisition of commercial items.
(f)(i) The
following clauses are authorized for use in acquisitions of commercial items
when required by the clause prescription:
(A) 1852.214-71,
Grouping for Aggregate Award.
(B) 1852.214-72, Full
Quantities.
(C) 1852.215-84,
Ombudsman.
(D) 1852.219-75, Small
Business Subcontracting Reporting.
(E) 1852.219-76, NASA
8 Percent Goal.
(F)
1852.223-70, Safety and Health.
(G) 1852.223-71,
Frequency Authorization.
(H) 1852.223-72, Safety and Health (Short Form).
(I) 1852.223-73,Safety
and Health Plan.
(J) 1852.223-75, Major Breach of Safety and
Security.
(K) [RESERVED]
(L) 1852.228-76,
Cross-Waiver of Liability for International Space Station Activities.
(M) 1852.228-78, Cross-Waiver of Liability
for Space or Space Exploration Activities.
(N) 1852.246-72, Material Inspection and Receiving Report.
(ii) No other provisions and clauses prescribed in
the NFS or center documents shall be used in acquisitions of commercial items,
except as permitted by FAR 12.302.
1812.302 Tailoring of provisions and clauses for the
acquisition of commercial items.
(c) The Assistant Administrator for Procurement
(Code HS) is the approval authority for waivers. Requests shall be prepared and submitted in
accordance with 1801.471.
Subpart 1812.4--Unique
Requirements Regarding Terms and
Conditions for
Commercial Items
1812.404 Warranties.
(b) In acquisitions under the Simplified
Acquisition Threshold specified in FAR Part 13, no express
warranty should be required other than the offeror's
commercial warranty.
Subpart
1812.70--Commercial Space Hardware or Services
1812.7000 Prohibition on guaranteed
customer bases for new commercial space
hardware or services.
Public Law 102-139, title III, Section 2459d,
prohibits NASA from awarding a contract with an expected duration of more than
one year if the primary effect of the contract is to provide a guaranteed
customer base for, or establish an anchor tenancy in, new commercial space
hardware or services. Exception to this
prohibition may be authorized only by an appropriations Act specifically
providing otherwise.
PART 1828
BONDS AND INSURANCE
TABLE
OF CONTENTS
SUBPART 1828.1
BONDS
1828.101 Bid
guarantees.
1828.101-70 NASA
solicitation provision.
1828.103 Performance
and payment bonds and alternative payment
protections for other than construction contracts.
1828.103-70 Subcontractors
performing construction work under nonconstruction
contracts.
1828.103-71 Solicitation
requirements and contract clauses.
1828.106 Administration.
1828.106-6 Furnishing
information.
SUBPART 1828.2
SURETIES
1828.202 Acceptability
of corporate sureties.
1828.203 Acceptability
of individual sureties.
SUBPART 1828.3 INSURANCE
1828.307 Insurance
under cost-reimbursement contracts.
1828.307-1
Group insurance plans.
1828.307-2
Liability.
1828.307-70
Insurance of industrial
facilities.
1828.311 Solicitation
provision and contract clause on liability insurance under cost-reimbursement
contracts.
1828.311-1 Contract
clause.
1828.311-2 Agency
solicitation provisions and contract clauses.
1828.311-270 NASA solicitation provisions and contract clauses.
1828.370
Fixed-price contract clauses.
1828.371 Clauses
incorporating cross-waivers of liability for International Space Station activities and Science or Space
Exploration activities unrelated to the International Space Station.
1828.372 Clause
for minimum insurance coverage.
PART 1828
BONDS AND INSURANCE
Subpart 1828.1--Bonds
1828.101 Bid
guarantees.
1828.101-70
NASA solicitation provision.
The contracting
officer shall insert the provision at 1852.228-73, Bid Bond, in construction
solicitations where offers are expected to exceed $100,000 and a performance
bond or a performance and payment bond is required (see FAR 28.102 and 28.103). The contracting officer may increase the
amount of the bid bond to protect the Government from loss, as long as the
amount does not exceed $3 million.
1828.103 Performance and payment bonds and alternative payment protections for other than construction contracts.
1828.103-70 Subcontractors
performing construction work under nonconstruction
contracts.
(a) The
contracting officer shall require prime contractors on nonconstruction
contracts to obtain the following performance and/or payment protection from
subcontractors performing construction work:
(1) Performance and payment bonds when the
subcontract construction work is in excess of $100,000 and is determined by
NASA to be subject to the Miller Act.
(2) An appropriate payment protection determined
according to FAR 28.102-1(b)(1) when the subcontract construction work is greater
than $30,000 but not greater than $100,000.
(b) The contracting officer shall establish
the penal amount in accordance with FAR 28.102-2 based on the subcontract
value.
(c) The bonds shall be provided on SF 25,
Performance Bond, and SF 25A, Payment Bond. These forms shall be modified to
name the NASA prime contractor as well as the United States of America as obligees.
1828.103-71 Solicitation
requirements and contract clauses.
When performance
and payment bonds or alternative payment protections are required from
subcontractors performing construction work under nonconstruction
prime contracts, the contracting officer shall follow the procedures in FAR 28.102-3. When alternative payment
protections are required, insert a clause substantially the same as FAR 52.228-13, Alternative Payment Protections,
appropriately modified.
1828.106
Administration.
1828.106-6 Furnishing information.
(c) The contracting officer is the agency head’s
designee.
Subpart 1828.2--Sureties
1828.202
Acceptability of corporate sureties.
(d) Contracting officers may obtain access to
Department of Treasury Circular 570 through the internet at http://www.fms.treas.gov/c570/index.html.
1828.203 Acceptability of individual sureties.
(g)
Notification of suspected criminal or fraudulent activities, with all
supporting documentation, shall be submitted to the Headquarters Office of
Procurement (Code HS).
Subpart
1828.3--Insurance
1828.307 Insurance under cost-reimbursement
contracts.
1828.307-1
Group insurance plans.
(a) The procurement officer is the approval
authority.
1828.307-2 Liability.
(b)(2)(A) The procurement officer may approve
a requirement for property damage liability insurance when:
(a) A commingling of operations permits property
damage coverage at a nominal cost to NASA under insurance carried by the
contractor in the course of its commercial operations; or
(b) The contractor is engaged in the handling of high
explosives or in extra hazardous research and development activities undertaken
in populated areas.
(B) In all other circumstances, the Assistant Administrator
for Procurement (Code HS) is the approval authority.
1828.307-70 Insurance of industrial facilities.
When industrial
facilities are provided by the Government under a facilities contract or a
lease, the contract or lease shall require that during the period of
construction, installation, alteration, repair, or use, and at any other time
as directed by the contracting officer, the contractor or lessee shall insure
or otherwise provide approved security for liabilities to third persons
(including employees of the contractor or lessee) in the manner and to the same
extent as required in FAR 28.307-2.
1828.311
Solicitation provision and contract clause
on liability insurance under
cost-reimbursement contracts.
1828.311-1 Contract clause.
The contracting
officer must insert the clause at FAR 52.228-7, Insurance-Liability to Third Persons,
as prescribed in FAR 28.311-1
unless --
(a) Waived by the procurement officer: or
(b) The successful offeror
represents in its offer that it is totally immune from tort liability as a
State agency or as a charitable institution.
1828.311-2
Agency solicitation provisions and contract clauses.
1828.311-270
NASA solicitation provisions and contract clauses.
(a) The contracting officer must insert the
clause at 1852.228-71, Aircraft Flight Risks, in all cost-reimbursement
contracts for the development, production, modification, maintenance, or
overhaul of aircraft, or otherwise involving the furnishing of aircraft to the contractor,
except when the aircraft are covered by a separate bailment.
(b)
The contracting officer must insert the provision at 1852.228-80,
Insurance--Immunity from Tort Liability, in solicitations for research and
development when a cost-reimbursement contract is contemplated.
(c) The
contracting officer must insert FAR clause 52.228-7 and the associated clause
at 1852.228-81, Insurance -- Partial Immunity From
Tort Liability, when the successful offeror
represents in its offer that the offeror is partially
immune from tort liability as a State agency or as a charitable institution.
(d)
The contracting officer must insert the clause at 1852.228-82, Insurance--Total Immunity From
Tort Liability, when the successful offeror
represents in its offer that the offeror is totally
immune from tort liability as a State agency or as a charitable institution.
1828.370 Fixed-price contract clauses.
(a) The contracting officer shall insert the
clause at 1852.228-70, Aircraft
Ground and Flight Risk, in all negotiated fixed-price contracts for the
development, production, modification, maintenance, or overhaul of aircraft, or
otherwise involving the furnishing of aircraft to the contractor, except as
provided in paragraph (b) of this section, unless the aircraft are covered by a
separate bailment. See the clause
preface for directions for modifying the clause to accommodate various
circumstances.
(b) The Government need not assume the risk
of aircraft damage, loss, or destruction as provided by the clause at
1852.228-70 if the best estimate of premium costs that would be included in the contract
price for insurance coverage for such damage, loss, or destruction at any plant
or facility is less than $500. If it is
determined not to assume this risk, the clause at 1852.228-70 shall not be made
a part of the contract, and the cost of necessary insurance to be obtained by
the contractor to cover this risk shall be considered in establishing the
contract price. In such cases, however, if performance of the contract is expected
to involve the flight of Government-furnished aircraft, the substance of the
clause at 1852.228-71, Aircraft Flight Risks, suitably
adapted for use in a fixed-price contract, shall be used.
(c) When the clause at 1852.228-70 is used, the
term "Contractor's premises" shall be expressly defined in the
contract Schedule and shall be limited to places where aircraft may be located
during the performance of the contract.
Contractor's premises may include, but are not limited to, those owned
or leased by the contractor or those for which the contractor has a permit,
license, or other right of use either exclusively or jointly with others,
including Government airfields.
1828.371 Clauses incorporating cross-waivers of liability for
International Space Station activities and Science or Space
Exploration activities unrelated to the International Space Station.
(a) In contracts covering International Space
Station activities, or Science or Space Exploration activities unrelated to the
International Space Station that involve a launch, NASA shall require the
contractor to agree to waive all claims against any entity or person defined in
the clause based on damage arising out of Protected Space Operations. This cross-waiver shall apply only if the
person, entity, or property causing the damage is involved in Protected Space
Operations and the person, entity, or property damaged is damaged by virtue of
its involvement in Protected Space Operations.
The cross-waivers will require the contractor to extend the cross-waiver
provisions to their subcontractors at any tier and related entities ensuring
those subcontractors and related entities also waive all claims against any
entity or person defined in the clause for damages arising out of Protected
Space Operations. The purpose of the
clauses prescribed in this section is to extend the cross-waivers under other
agreements to NASA contractors that perform work in support of NASA’s
obligations under these agreements.
(b) The contracting officer shall insert the
clause at 1852.228-78,
Cross-Waiver of Liability for Science or Space Exploration Activities unrelated
to the International Space Station, in solicitations and contracts above the
simplified acquisition threshold for the acquisition of launches for science or
space exploration activities unrelated to the International Space Station or
for acquisitions for science or space exploration activities that are not
related to the International Space Station but involve a launch. If a science or space exploration activity is
in support of the International Space Station, the contracting officer shall
insert the clause prescribed by paragraph (c) of this section and designate its
application to that particular launch.
(c) The contracting officer shall insert the
clause at 1852.228-76,
Cross-Waiver of Liability for International Space Station Activities, in
solicitations and contracts above the simplified acquisition threshold when the
work to be performed involves Protected Space Operations, as that term is
defined in the clause, relating to the International Space Station.
(d) At the contracting officer's discretion, the
clauses prescribed by paragraphs (b) and (c) of this section may be used in
solicitations, contracts, new work modifications, or extensions to existing
contracts under the simplified acquisition threshold involving science or space
exploration activities unrelated to the International Space Station, or
International Space Station activities, respectively, in appropriate
circumstances. Examples of such
circumstances are when the value of contractor property on a Government
installation used in performance of the contract is significant, or when it is
likely that the contractor or subcontractor will have its valuable property
exposed to risk or damage caused by other participants in the science or space
exploration activities unrelated to the International Space Station, or
International Space Station activities.
1828.372 Clause for minimum insurance coverage.
In accordance
with FAR 28.306(b) and 28.307, the contracting officer may insert a
clause substantially as stated at 1852.228-75, Minimum
Insurance Coverage, in fixed-price solicitations and contracts requiring
performance on a government installation and in cost-reimbursement
contracts. The contracting officer may
modify the clause to require additional coverage, such as vessel liability, and
higher limits if appropriate for a particular acquisition.
PART 1852
SOLICITATION
PROVISIONS AND CONTRACT CLAUSES
TABLE OF CONTENTS
1852.000 Scope
of part.
SUBPART 1852.1 INSTRUCTIONS FOR USING PROVISIONS AND
CLAUSES
1852.101 Using
Part 52.
1852.103 Identification
of provisions and clauses.
1852.103-70 Identification
of modified provisions and clauses.
1852.104 Procedures
for modifying and completing provisions and clauses.
SUBPART 1852.2 TEXTS
OF PROVISIONS AND CLAUSES
1852.203-70 Display
of Inspector General Hotline Posters.
1852.204-75 Security Classification Requirements.
1852.204-76 Security Requirements for Unclassified Information
Technology Resources.
1852.208-81 Restrictions
on Printing and Duplicating.
1852.209-70 Product
Removal from Qualified Products List.
1852.209-71 Limitation
of Future Contracting.
1852.209-72 Composition
of the Contractor.
1852.211-70 Packaging,
Handling, and Transportation.
1852.213-70
Offeror Representations and Certifications–Other Than
Commercial Items.
1852.213-71 Evaluation–-Other
Than Commercial Items.
1852.214-70 Caution to Offerors Furnishing Descriptive Literature.
1852.214-71 Grouping
for Aggregate Award.
1852.214-72 Full
Quantities.
1852.215-77 Preproposal/Pre-bid Conference.
1852.215-78 Make or Buy
Program Requirements.
1852.215-79 Price Adjustment
for "Make-or-Buy" Changes.
1852.215-81 Proposal
Page Limitations.
1852.215-84 Ombudsman.
1852.216-73 Estimated
Cost and Cost Sharing.
1852.216-74 Estimated
Cost and Fixed Fee.
1852.216-75 Payment of
Fixed Fee.
1852.216-76 Award Fee
for Service Contracts.
1852.216-77 Award Fee
for End Item Contracts.
1852.216-78 Firm Fixed
Price.
1852.216-80 Task
Ordering Procedure.
1852.216-81 Estimated
Cost.
1852.216-83 Fixed Price
Incentive.
1852.216-84 Estimated
Cost and Incentive Fee.
1852.216-85 Estimated
Cost and Award Fee.
1852.216-87 Submission
of Vouchers for Payment.
1852.216-88 Performance
Incentive.
1852.216-89 Assignment
and Release Forms.
1852.217-70 Property
Administration and Reporting.
1852.217-71 Phased Procurement Using
Down-Selection Procedures.
1852.217-72 Phased
Procurement Using Progressive Competition Down-
Selection Procedures.
1852.219-73 Small
Business Subcontracting Plan.
1852.219-74 Use of
Rural Area Small Businesses.
1852.219-75 Small
Business Subcontracting Reporting.
1852.219-76 NASA 8
Percent Goal.
1852.219-77 NASA
Mentor-Protégé Program.
1852.219-79 Mentor
Requirements and Evaluation.
1852.219-80 Limitation
on Subcontracting – SBIR Phase I Program.
1852.219-81 Limitation
on Subcontracting – SBIR Phase II Program.
1852.219-82 Limitation
on Subcontracting – STTR Program.
1852.219-83 Limitation
of the Principal Investigator – SBIR
Program.
1852.219-84 Limitation
of the Principal Investigator – STTR
Program.
1852.219-85 Conditions
for Final Payment – SBIR and STTR Contracts.
1852.223-70 Safety and
Health.
1852.223-71 Frequency
Authorization.
1852.223-72
Safety
and Health (Short Form).
1852.223-73 Safety and
Health Plan.
1852.223-74 Drug- and
Alcohol-Free Workforce.
1852.223-75 Major
Breach of Safety or Security.
1852.223-76
Federal
Automotive Statistical Tool Reporting.
1852.225-8 Duty-Free
Entry of Space Articles.
1852.225-70 Export
Licenses.
1852.227-11 Patent
Rights--Retention by the Contractor (Short Form).
1852.227-14 Rights in
Data--General.
1852.227-17 Rights in
Data--Special Works.
1852.227-19 Commercial
Computer Software--Restricted Rights.
1852.227-70 New
Technology.
1852.227-71 Requests
for Waiver of Rights to Inventions.
1852.227-72 Designation
of New Technology Representative and Patent
Representative.
1852.227-84 Patent
Rights Clauses.
1852.227-85 Invention
Reporting and Rights--Foreign.
1852.227-86 Commercial Computer
Software--Licensing.
1852.228-70 Aircraft
Ground and Flight Risk.
1852.228-71 Aircraft
Flight Risks.
1852.228-73 Bid Bond.
1852.228-75 Minimum
Insurance Coverage.
1852.228-76 Cross-Waiver
of Liability for International Space Station
Activities.
1852.228-78 Cross-Waiver
of Liability forScience or Space Exploration
Activities Unrelated to the International Space Station.
1852.228-80 Insurance
— Immunity From Tort Liability.
1852.228-81 Insurance
— Partial Immunity From Tort Liability.
1852.228-82 Insurance —
Total Immunity From Tort Liability.
1852.231-70 Precontract Costs.
1852.231-71 Determination
of Compensation Reasonableness.
1852.232-70 NASA
Modification of FAR 52.232-12.
1852.232-77 Limitation
of Funds (Fixed-Price Contract).
1852.232-79 Payment for
On-Site Preparatory Costs.
1852.232-81 Contract
Funding.
1852.232-82 Submission
of Requests for Progress Payments.
1852.233-70 Protests to
NASA.
1852.234-1 Notice of
Earned Value Management System.
1852.234-2 Earned
Value Management System.
1852.235-70
Center
for AeroSpace Information Technical Reports.
1852.235-71 Key
Personnel and Facilities.
1852.235-72 Instructions
for Responding to NASA Research Announcements.
1852.235-73
Final Scientific and Technical
Reports.
1852.235-74 Additional
Reports of Work -- Research and Development.
1852.236-71 Additive or
Deductive Items.
1852.236-72 Bids with
Unit Prices.
1852.236-73 Hurricane
Plan.
1852.236-74 Magnitude
of Requirement.
1852.236-75 Partnering
for Construction Contracts.
1852.237-70 Emergency
Evacuation Procedures.
1852.237-71 Pension
Portability.
1852.237-72 Access
to Sensitive Information.
1852.237-73 Release
of Sensitive Information.
1852.239-70 Alternate
Delivery Points.
1852.241-70 Renewal of
Contract.
1852.242-70 Technical
Direction.
1852.242-71 Travel
Outside of the United States.
1852.242-72 Observance
of Legal Holidays.
1852.242-73 NASA
Contractor Financial Management Reporting.
1852.242-78 Emergency
Medical Services and Evacuation.
1852.243-70 Engineering
Change Proposals.
1852.243-71 Shared
Savings.
1852.243-72 Equitable
Adjustments.
1852.244-70 Geographic
Participation in the Aerospace Program.
1852.245–70 Contractor
requests for Government-provided property.
1852.245–71 Installation-accountable
Government property.
1852.245–72 Liability
for Government property furnished for repair or
other services.
1852.245–73 Financial
reporting of NASA property in the custody of
contractors.
1852.245–74 Identification
and marking of Government equipment.
1852.245–75 Property
management changes.
1852.245–76 List
of Government property furnished pursuant to FAR
52.245–1.
1852.245–77 List
of Government property furnished pursuant to FAR
52.245–2.
1852.245–78 Physical
inventory of capital personal property
1852.245–79 Records
and disposition reports for Government property
with potential
historic or significant real value.
1852.245–80 Government
property management information.
1852.245–81 List
of available Government property.
1852.245–82 Occupancy
management requirements.
1852.245–83 Real
property management requirements.
1852.246-70 Mission
Critical Space System Personnel Reliability
Program.
1852.246-71 Government
Contract Quality Assurance.
1852.246-72 Material
Inspection and Receiving Report.
1852.246-73 Human Space
Flight Item.
1852.247-71 Protection
of the Florida Manatee.
1852.247-72 Advance
Notice of Shipment.
1852.247-73 Bills of
Lading.
1852.249-72 Termination
(Utilities).
SUBPART 1852.3 PROVISION AND CLAUSE MATRIX
1852.300 Scope
of Subpart.
1852.301 Solicitation
Provisions and Contract Clauses (Matrix).
PART
1852
SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
1852.000 Scope of part.
This part, in conjunction with FAR Part 52, (a) sets forth the
provisions and clauses prescribed in the NFS, (b) gives
instructions for their use, and (c) presents a matrix listing the provisions
and clauses applicable to each principal contract type and/or purpose (e.g.,
fixed-price supply, cost-reimbursement research and development).
Subpart
1852.1--Instructions for Using Provisions and Clauses
1852.101
Using Part 52.
(b)(2)(i)(B) NASA
contracting offices prescribing or developing clauses shall ensure that the
requirements of Subpart 1801.3 are met.
(e)(1) The NFS matrix in Subpart 1852.3 is
formatted similarly to that in the FAR.
The first page of the NFS matrix contains a key to column headings, a
dollar threshold chart, and requirement symbols. To fully determine the applicability of a
provision or clause in the "required-when-applicable" and
"optional" categories, Contracting Officers shall refer to the NFS
text (cited in the matrix) that prescribes its use.
(4) The NFS matrix may be reproduced by
field installations for the purpose of supplementing it with installation-developed
provisions and clauses.
1852.103
Identification of provisions and clauses.
(b) Provisions and clauses prescribed by a
field installation to satisfy its needs shall be identified as stated in
paragraphs (b)(i) and (ii) of this section. Articles, formats, and similar language shall
be treated as provisions and clauses for purposes of this section 1852.103.
(i)
A provision or clause shall be numbered using a prefix, a base, and a
suffix. The prefix shall be an
alphabetical abbreviation of the installation name (e.g., ARC, DFRC, GRC, GSFC,
JSC, KSC, LARC, MSFC, SSC, or SSPO). The
base shall be a numeric value beginning with "52.2," with the next
two digits corresponding to the number of the FAR or NFS subject part to which
the provision or clause relates. The
suffix shall be a hyphen and sequential number assigned within each part. NASA installations shall use suffix numbers
from -90 to -199. For example, the first
Johnson Space Center (JSC) provision or clause relating to Part 36 of the FAR
or NFS shall be JSC 52.236-90, the second JSC 52.236-91, and so forth. Provisions and clauses shall be dated in
accordance with FAR 52.101(f).
(ii)
Contracting officers shall identify provisions and clauses as in the following
examples:
(A) I.2 BID
ENVELOPES (GSFC 52.214-90) (AUGUST 1987) This
example is applicable when identifying the title of provisions and clauses in
solicitations and contracts using the uniform contract format (UCF). The first number ("I.2") designates
the UCF section and the sequential clause within that section. "GSFC 52.214-90" specifies the
clause number.
(B)
GSFC
52.214-90--Bid Envelopes (AUGUST 1987) This
example is applicable in all instances in which the provision or clause
citation is not associated with the UCF number.
(c) Contracting officers shall not number
provisions and clauses developed for individual acquisitions only. For example, "F.3 Delivery Procedures
for Special Hardware" cites the third clause in Section F of a contract using
the UCF, but has no clause number or date identified with it, indicating that
the clause was developed for the particular contract it appears in.
1852.103-70
Identification of modified provisions and clauses.
When a FAR clause or provision is included in
a solicitation or contract and the NFS prescribes a modification, the title
line shall identify the modification as shown below. This format shall be used
both for incorporation by reference and when using full text.
"52.232-28 Electronic Funds Transfer
Payment Methods (APR 1989)--as modified by NASA FAR Supplement
1832.908(a)"
1852.104
Procedures for modifying and completing provisions and clauses.
NFS provisions and clauses shall not be
modified unless authorized by the NFS.
When authorized, contracting officers must comply with the procedures in
FAR 52.104.
Subpart 1852.2--Text of Provisions and Clauses
1852.203-70 Display of
Inspector General Hotline Posters.
As prescribed in 1803.7001, insert the following clause:
DISPLAY OF INSPECTOR GENERAL HOTLINE
POSTERS
(JUNE 2001)
(a) The Contractor shall display
prominently in common work areas within business segments performing work under
this contract, Inspector General Hotline Posters available under paragraph (b)
of this clause.
(b) Inspector General Hotline Posters may be obtained from NASA Office
of Inspector General, Code W, Washington, DC, 20546-0001, (202) 358-1220.
(End of clause)
1852.204-75
Security Classification Requirements.
As prescribed in 1804.404-70, insert the
following clause:
SECURITY CLASSIFICATION REQUIREMENTS
(SEPTEMBER
1989)
Performance under this contract will involve
access to and/or generation of classified information, work in a security area,
or both, up to the level of
[insert the applicable security clearance level]. See Federal Acquisition
Regulation clause 52.204-2 in
this contract and DD Form 254, Contract Security Classification Specification,
Attachment [Insert the attachment number
of the DD Form 254].
(End
of clause)
1852.204-76 Security Requirements for Unclassified
Information Technology Resources.
As prescribed in 1804.470-4(a), insert the following clause:
SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION
TECHNOLOGY RESOURCES
(JANUARY 2011)
(a) The contractor shall protect the confidentiality, integrity, and availability of NASA Electronic Information and IT resources and protect NASA Electronic Information from unauthorized disclosure.
(b) This clause is applicable to all NASA contractors and sub-contractors that process, manage, access, or store unclassified electronic information, to include Sensitive But Unclassified (SBU) information, for NASA in support of NASA's missions, programs, projects and/or institutional requirements. Applicable requirements, regulations, policies, and guidelines are identified in the Applicable Documents List (ADL) provided as an attachment to the contract. The documents listed in the ADL can be found at: http://www.nasa.gov/offices/ocio/itsecurity/index.html. For policy information considered sensitive, the documents will be identified as such in the ADL and made available through the Contracting Officer.
(c) Definitions.
(1) IT resources means any hardware or software or interconnected system or subsystem of equipment, that is used to process, manage, access, or store electronic information.
(2) NASA Electronic Information is any data (as defined in the Rights in Data clause of this contract) or information (including information incidental to contract administration, such as
financial, administrative, cost or pricing, or management information) that is processed, managed, accessed or stored on an IT system(s) in the performance of a NASA contract.
(3) IT Security Management Plan--This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract. Unlike the IT security plan, which addresses the IT system, the IT Security Management Plan addresses how the contractor will manage personnel and processes associated with IT Security on the instant contract.
(4) IT Security Plan--this is a FISMA requirement; see the ADL for applicable requirements. The IT Security Plan is specific to the IT System and not the contract. Within 30 days after award, the contractor shall develop and deliver an IT Security Management Plan to the Contracting Officer; the approval authority will be included in the ADL. All contractor personnel requiring physical or logical access to NASA IT resources must complete NASA's annual IT Security Awareness training. Refer to the IT Training policy located in the IT Security Web site at https://itsecurity.nasa.gov/policies/index.html.
(d) The contractor shall afford Government access to the Contractor's and subcontractors' facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection (to include vulnerability testing), investigation and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of NASA Electronic Information or to the function of IT systems operated on behalf of NASA, and to preserve evidence of computer crime.
(e) At the completion of the contract, the contractor shall return all NASA information and IT resources provided to the contractor during the performance of the contract in accordance with
retention documentation available in the ADL. The contractor shall provide a listing of all NASA Electronic information and IT resources generated in performance of the contract. At that time, the contractor shall request disposition instructions from the Contracting Officer. The Contracting Officer will provide disposition instructions within 30 calendar days of the contractor's request. Parts of the clause and referenced ADL may be waived by the contracting officer, if the contractor's ongoing IT security program meets or exceeds the requirements of NASA Procedural Requirements (NPR) 2810.1 in effect at time of award. The current version of NPR 2810.1 is referenced in the ADL. The contractor shall submit a written waiver request to the Contracting Officer within 30 days of award. The waiver request will be reviewed by the Center IT Security Manager. If approved, the Contractor Officer will notify the contractor, by contract modification, which parts of the clause or provisions of the ADL are waived.
(f) The contractor shall insert this clause, including this paragraph in all subcontracts that process, manage, access or store NASA Electronic Information in support of the mission of the Agency.
(End of clause)
1852.208-81
Restrictions on Printing and Duplicating.
As prescribed in 1808.870, insert the
following clause:
RESTRICTIONS ON
PRINTING AND DUPLICATING
(NOVEMBER
2004)
(a) The Contractor may duplicate or copy any
documentation required by this contract in accordance with the provisions of
the Government Printing and Binding Regulations, No. 26, S. Pub 101-9, U.S.
Government Printing Office, Washington, DC, 20402, published by the Joint
Committee on Printing, U.S. Congress.
(b) The Contractor shall not perform, or
procure from any commercial source, any printing in connection with the
performance of work under this contract.
The term "printing" includes the processes of composition,
platemaking, presswork, duplicating, silk screen processes, binding, microform,
and the end items of such processes and equipment.
(c) The Contractor is authorized to duplicate
or copy production units provided the requirement does not exceed 5,000
production units of any one page or 25,000 units in the aggregate of multiple
pages. Such pages may not exceed a
maximum image size of 10-3/4 by 14-1/4 inches.
A "production unit" is one sheet, size 8-1/2 x 11 inches (215
x 280 mm), one side only, and one color ink.
(d) This clause does not preclude writing,
editing, preparation of manuscript copy, or preparation of related illustrative
material as a part of this contract, or administrative duplicating/copying (for
example, necessary forms and instructional materials used by the Contractor to
respond to the terms of the contract).
(e) Costs associated with printing,
duplicating, or copying in excess of the limits in paragraph (c) of this clause
are unallowable without prior written approval of the Contracting Officer. If the Contractor has reason to believe that
any activity required in fulfillment of the contract will necessitate any printing
or substantial duplicating or copying, it immediately shall provide written
notice to the Contracting Officer and request approval prior to proceeding with
the activity. Requests will be processed
by the Contracting Officer in accordance with the provisions of the Government
Printing and Binding Regulations, NFS 1808.802, and NPR 1490.5, NASA Procedural
Requirements for Printing, Duplicating, and Copying Management.
(f) The Contractor shall include in each
subcontract which may involve a requirement for any printing, duplicating, and
copying in excess of the limits specified in paragraph (c) of this clause, a
provision substantially the same as this clause, including this paragraph (f).
(End of clause)
1852.209-70
Product Removal from Qualified Products List.
As prescribed in 1809.206-71, insert the
following clause:
PRODUCT REMOVAL FROM
QUALIFIED PRODUCTS LIST
(DECEMBER
1988)
If, during the performance of this contract,
the product being furnished is removed from the Qualified Products List for any
reason, the Government may terminate the contract for Default pursuant to the
default clause of the contract.
(End
of clause)
1852.209-71
Limitation of Future Contracting.
As prescribed in 1809.507-2, the contracting
officer may insert a clause substantially as follows in solicitations and
contracts, in compliance with FAR
9.507-2:
LIMITATION
OF FUTURE CONTRACTING
(DECEMBER
1988)
(a) The Contracting Officer has determined
that this acquisition may give rise to a potential organizational conflict of
interest. Accordingly, the attention of
prospective offerors is invited to FAR Subpart 9.5--Organizational
Conflicts of Interest.
(b) The nature of this conflict is [describe
the conflict].
(c) The restrictions upon future contracting
are as follows:
(1) If the Contractor, under the terms of
this contract, or through the performance of tasks pursuant to this contract,
is required to develop specifications or statements of work that are to be
incorporated into a solicitation, the Contractor shall be ineligible to perform
the work described in that solicitation as a prime or first-tier subcontractor
under an ensuing NASA contract. This restriction
shall remain in effect for a reasonable time, as agreed to by the Contracting
Officer and the Contractor, sufficient to avoid unfair competitive advantage or
potential bias (this time shall in no case be less than the duration of the
initial production contract). NASA shall
not unilaterally require the Contractor to prepare such specifications or statements
of work under this contract.
(2) To the extent that the work under
this contract requires access to proprietary, business confidential, or
financial data of other companies, and as long as these data remain proprietary
or confidential, the Contractor shall protect these data from unauthorized use
and disclosure and agrees not to use them to compete with those other
companies.
(End
of clause)
1852.209-72
Composition of the Contractor.
As prescribed in 1809.670, insert the
following clause:
COMPOSITION
OF THE CONTRACTOR
(DECEMBER
1988)
If
the Contractor is comprised of more than one legal entity, each entity shall be
jointly and severally liable under this contract.
(End of
clause)
1852.211-70 Packaging, Handling, and
Transportation
As
prescribed in 1811.404-70, insert the following clause:
PACKAGING, HANDLING, AND TRANSPORTATION
(SEPTEMBER 2005)
(a) The Contractor shall comply with NASA Procedural Requirements (NPR)
6000.1, "Requirements for Packaging, Handling, and Transportation for
Aeronautical and Space Systems, Equipment, and Associated Components", as
may be supplemented by the statement of work or specifications of this
contract, for all items designated as Class I, II, or III.
(b) The Contractor's packaging,
handling, and transportation procedures may be used, in whole or in part,
subject to the written approval of the Contracting Officer, provided (1) the
Contractor's procedures are not in conflict with any requirements of this
contract, and (2) the requirements of this contract shall take precedence in
the event of any conflict with the Contractor's procedures.
(c) The Contractor must place the requirements of
this clause in all subcontracts for items that will become components of
deliverable Class I, II, or III items.
(End of clause)
any remaining parts
of it, and, if the Contractor incurs additional costs as a result of such
disposition, a further equitable adjustment shall be made in the amount due to
the Contractor.
(j)(1) If the
Contractor is at any time reimbursed or compensated by any third person for any
damage, loss, or destruction of any aircraft, the risk of which has been
assumed by the Government under this clause and for which the Contractor has
been compensated by the Government, it shall equitably reimburse the
Government.
(2) The
Contractor shall do nothing to prejudice the Government's rights to recover
against third parties for any such damage, loss, or destruction and, upon the
request of the Contracting Officer, shall at the Government's expense furnish
to the Government all reasonable assistance and cooperation (including the
prosecution of suits and the execution of instruments of assignment or
subrogation in favor of the Government) in obtaining recovery.
(End of
clause)
1852.228-71 Aircraft Flight Risks.
As prescribed in
1828.311-270, insert the following clause:
AIRCRAFT FLIGHT RISKS
(DECEMBER 1988)
(a) Notwithstanding any other provision of this
contract (particularly paragraph (g) of the Government Property (Cost-
Reimbursement, Time-and-Materials, or Labor-Hour Contracts) clause and
paragraph (c) of the Insurance--Liability to Third Persons clause), the
Contractor shall not (1) be relieved of liability for damage to, or loss or
destruction of, aircraft sustained during flight or (2) be reimbursed for
liabilities to third persons for loss of or damage to property or for death or
bodily injury caused by aircraft during flight, unless the flight crew members
have previously been approved in writing by the Contracting Officer.
(b) For the purposes of this clause--
(1) Unless otherwise specifically provided in the
Schedule, "aircraft" includes any aircraft,
whether furnished by the Contractor under this contract (either before or after
Government acceptance) or furnished by the Government to the Contractor under
this contract, including all Government property placed or installed or
attached to the aircraft, unless the aircraft and property are covered by a
separate bailment agreement.
(2) "Flight" includes any flight
demonstration, flight test, taxi test, or other flight made in the performance
of this contract, or for the purpose of safeguarding the aircraft, or
previously approved in writing by the Contracting Officer.
(i)
With respect to land-based aircraft, flight commences with the taxi roll
from a
flight line and continues until
the aircraft has completed the
taxi roll to a flight line.
(ii) With
respect to sea-planes,
flight commences with the launching from a ramp and continues
until the aircraft has completed its landing run and is beached at a ramp.
(iii) With
respect to helicopters, flight commences upon engagement of the rotors for the
purpose of take-off and continues until the aircraft has returned to the ground
and rotors are disengaged.
(iv) With
respect to vertical take-off aircraft, flight commences upon disengagement
from any launching platform or device and continues until the aircraft has been
re-engaged to any launching platform or device.
(3) "Flight crew members" means
the pilot, copilot, and, unless otherwise specifically provided in the
Schedule, the flight engineer and navigator when required or assigned to their
respective crew positions to conduct any flight on behalf of the Contractor.
(c)(1) If any
aircraft is damaged, lost, or destroyed during flight and the amount of the
damage, loss, or destruction exceeds $100,000 or 20 percent of the estimated
cost, exclusive of any fee, of this contract, whichever is less, and if the
Contractor is not liable for the damage, loss, or destruction under the
Government Property (Cost-Reimbursement, Time-and-Materials, or Labor-Hour
Contracts) clause of this contract or under paragraph (a) of this clause, an
equitable adjustment for any resulting repair, restoration, or replacement
required under this contract shall be made (i) in the estimated cost, the
delivery schedule, or both and (ii) in the amount of any fee to be paid to the
Contractor, and the contract shall be modified in writing accordingly.
(2) In determining
the amount of adjustment in the fee that is equitable, any fault of the
Contractor, its employees, or any subcontractor that materially contributed to
the damage, loss, or destruction shall be taken into consideration.
(End of clause)
1852.228-73 Bid Bond.
As prescribed in
1828.101-70, insert the following provision:
BID BOND
(OCTOBER 1988)
(a) Each bidder shall submit with its bid a bid
bond (Standard Form 24) with good and sufficient surety or sureties acceptable
to the Government, or other security as provided in Federal Acquisition
Regulation clause 52.228-1,
in the amount of twenty percent (20%) of the bid price, or $3 million,
whichever is the lower amount.
(b) Bid bonds shall be dated the same date as the
bid or earlier.
(End of provision)
1852.228-75 Minimum
Insurance Coverage.
As prescribed in
1828.372, insert the following clause:
MINIMUM INSURANCE COVERAGE
(OCTOBER 1988)
The Contractor
shall obtain and maintain insurance coverage as follows for the performance of
this contract:
(a) Worker's compensation and employer's
liability insurance as required by applicable Federal and state workers'
compensation and occupational disease statutes.
If occupational diseases are not
compensable under those statutes, they shall be covered under the
employer's liability section of the insurance policy, except when contract
operations are so commingled with the Contractor's commercial operations that
it would not be practical. The
employer's liability coverage shall be at least $100,000, except in States with
exclusive or monopolistic funds that do not permit workers' compensation to be written by private
carriers.
(b) Comprehensive general (bodily injury)
liability insurance of at least $500,000 per occurrence.
(c) Motor vehicle liability insurance written on
the comprehensive form of policy which provides for bodily injury and property
damage liability covering the operation of all motor vehicles used in
connection with performing the contract.
Policies covering motor vehicles operated in the
United States shall provide coverage of at least
$200,000 per person and $500,000 per occurrence for bodily injury liability and
$20,000 per occurrence for property damage.
The amount of liability coverage on other policies shall be commensurate
with any legal requirements of the locality and sufficient to meet normal and
customary claims.
(d) Comprehensive general and motor vehicle
liability policies shall contain a provision worded as follows:
"The
insurance company waives any right of subrogation against the United States of
America which may arise by reason of any payment under the policy."
(e) When aircraft are used in connection with
performing the contract, aircraft public and passenger liability insurance of
at least $200,000 per person and $500,000 per occurrence for bodily injury,
other than passenger liability, and $200,000 per occurrence for property
damage. Coverage for passenger liability
bodily injury shall be at least $200,000 multiplied by the number of seats or
passengers, whichever is greater.
(End of clause)
1852.228-76 Cross-Waiver of Liability for
International Space Station Activities.
As prescribed in 1828.371(c) and (d), insert
the following clause:
CROSS-WAIVER OF LIABILITY FOR INTERNATIONAL
SPACE STATION ACTIVITIES
(OCTOBER
2012])
(a) The Intergovernmental Agreement Among the
Government of Canada, Governments of Member States of the European Space
Agency, the Government of Japan, the Government of the Russian Federation, and
the Government of the United States of America concerning Cooperation on the
Civil International Space Station (IGA) for the International Space Station
(ISS) contains a cross-waiver of liability provision to encourage participation
in the exploration, exploitation, and use of outer space through the ISS. The objective of this clause is to extend
this cross-waiver of liability to NASA contracts in the interest of encouraging
participation in the exploration, exploitation, and use of outer space through
the International Space Station (ISS).
The Parties intend that this cross-waiver of liability be broadly
construed to achieve this objective.
(b) As used in this clause, the term:
(1) “Agreement” refers to any NASA Space Act
agreement that contains the cross-waiver of liability provision authorized by
14 CFR Part 1266.102.
(2) “Damage” means:
(i) Bodily injury to, or other impairment of health of, or death
of, any person;
(ii) Damage
to, loss of, or loss of use of any property;
(iii) Loss of
revenue or profits; or
(iv) Other direct, indirect, or consequential Damage.
(3) “Launch Vehicle” means an object, or any part
thereof, intended for launch, launched from Earth, or returning to Earth which
carries Payloads or persons, or both.
(4) “Partner State” includes each Contracting
Party for which the IGA has entered into force, pursuant to Article 25 of the
IGA or pursuant to any successor agreement.
A Partner State includes its Cooperating Agency. It also includes any entity specified in the
Memorandum of Understanding (MOU) between NASA and the Government of Japan to
assist the Government of Japan's Cooperating Agency in the implementation of
that MOU.
(5) “Party” means a party to a NASA Space Act
agreement involving activities in connection with the ISS and a party that is
neither the prime contractor under this contract nor a subcontractor at any
tier.
(6) “Payload” means all property to be flown or
used on or in a Launch Vehicle or the ISS.
(7) “Protected Space Operations” means all Launch
or Transfer Vehicle activities, ISS activities, and Payload activities on
Earth, in outer space, or in transit between Earth and outer space in
implementation of the IGA, MOUs concluded pursuant to the IGA, implementing
arrangements, and contracts to perform work in support of NASA’s obligations
under these Agreements. It includes, but
is not limited to:
(i) Research, design, development, test,
manufacture, assembly, integration, operation, or use of Launch or Transfer
Vehicles, the ISS, Payloads, or instruments, as well as related support
equipment and facilities and services; and
(ii) All activities related to ground support,
test, training, simulation, or guidance and control equipment and related
facilities or services. “Protected Space
Operations” also includes all activities related to evolution of the ISS, as
provided for in Article 14 of the IGA.
“Protected Space Operations” excludes activities on Earth which are
conducted on return from the ISS to develop further a Payload's product or
process for use other than for ISS-related activities in implementation of the
IGA.
(8) “Related Entity” means:
(i) A contractor or subcontractor of a Party or a
Partner State at any tier;
(ii) A user or customer of a Party or a Partner
State at any tier; or
(iii) A contractor or subcontractor of a user or
customer of a Party or a Partner State at any tier. The terms “contractor” and
“subcontractor” include suppliers of any kind.
(9) “Transfer Vehicle”
means any vehicle that operates in space and transfers Payloads or persons or
both between two different space objects, between two different locations on
the same space object, or between a space object and the surface of a celestial
body. A Transfer Vehicle also includes a
vehicle that departs from and returns to the same location on a space object.
(c) Cross-waiver of
liability:
(1) The Contractor agrees to a cross-waiver of
liability pursuant to which it waives all claims against any of the entities or
persons listed in paragraphs (c)(1)(i) through (c)(1)(iv) of this clause based
on Damage arising out of Protected Space Operations. This cross-waiver shall apply only if the
person, entity, or property causing the Damage is involved in Protected Space
Operations and the person, entity, or property damaged is damaged by virtue of
its involvement in Protected Space Operations.
The cross-waiver shall apply to any claims for Damage, whatever the legal
basis for such claims, against:
(i) A Party as defined in (b)(5)
of this clause;
(ii) A Partner State other than the United States
of America;
(iii) A Related Entity of any entity identified in
paragraph (c)(1)(i) or (c)(1)(ii) of this clause; or
(iv) The employees of any of the entities
identified in paragraphs (c)(1)(i) through (c)(1)(iii)
of this clause.
(2) In addition, the contractor shall, by
contract or otherwise, extend the cross-waiver of liability set forth in
paragraph (c)(1) of this clause to its subcontractors at any tier by requiring
them, by contract or otherwise, to:
(i) Waive all claims against the entities or
persons identified in paragraphs (c)(1)(i) through
(c)(1)(iv) of this clause; and
(ii) Require that their subcontractors waive all
claims against the entities or persons identified in paragraphs (c)(1)(i) through (c)(1)(iv) of this clause.
(3) For avoidance of doubt, this cross-waiver of
liability includes a cross-waiver of claims arising from the Convention on
International Liability for Damage Caused by Space Objects, which entered
into force on September 1, 1972, where the person, entity, or property causing
the Damage is involved in Protected Space Operations and the person, entity, or
property damaged is damaged by virtue of its involvement in Protected Space
Operations.
(4) Notwithstanding the other provisions of this
clause, this cross-waiver of liability shall not be applicable to:
(i) Claims between the
Government and its own contractors or between its own contractors and
subcontractors;
(ii) Claims made by a natural person, his/her
estate, survivors or subrogees (except when a subrogee is a Party to an Agreement or is otherwise bound
by the terms of this cross-waiver) for bodily injury to, or other impairment of
health of, or death of, such person;
(iii) Claims for
Damage caused by willful misconduct;
(iv) Intellectual
property claims;
(v) Claims for Damage
resulting from a failure of the contractor to extend the cross-waiver of
liability to its subcontractors and related entities, pursuant to paragraph
(c)(2) of this clause;
(vi) Claims by the Government arising out of or relating to
the contractor’s failure to perform its obligations under this contract.
(5) Nothing in this clause shall be construed to
create the basis for a claim or suit where none would otherwise exist.
(6) This cross-waiver shall not be applicable
when 49 U.S.C. Subtitle IX, Chapter. 701 is
applicable.
(End of clause)
1852.228-78 Cross-Waiver of Liability for
Science or Space Exploration Activities Unrelated to the International Space
Station.
As
prescribed in 1828.371(b) and (d), insert the following clause:
CROSS-WAIVER OF LIABILITY FOR SCIENCE OR SPACE
EXPLORATION ACTIVITIES UNRELATED TO THE INTERNATIONAL SPACE STATION
(OCTOBER 2012)
(a) The purpose of this clause is to extend a
cross-waiver of liability to NASA contracts for work done in support of
Agreements between Parties involving Science or Space Exploration activities
that are not related to the International Space Station (ISS) but involve a launch. This cross-waiver of liability shall be
broadly construed to achieve the objective of furthering participation in space
exploration, use, and investment.
(b) As
used in this clause, the term:
(1)
“Agreement” refers to any NASA Space Act agreement
that contains the cross-waiver of liability provision authorized in 14 CFR Part
1266.104.
(2)
"Damage" means:
(i) Bodily injury to, or other impairment of
health of, or death of, any person;
(ii) Damage to, loss of, or loss of use of any
property;
(iii) Loss of revenue or profits; or
(iv) Other direct, indirect, or
consequential Damage;
(3)
“Launch Vehicle” means an
object, or any part thereof, intended for launch, launched from Earth, or
returning to Earth which carries Payloads or persons, or both.
(4)
"Party" means a party to a NASA Space Act agreement for
Science or Space Exploration activities unrelated to the ISS that involve a
launch and a party that is neither the prime contractor under this contract nor
a subcontractor at any tier hereof.
(5)
"Payload" means all property to be flown or used on or in a
Launch Vehicle.
(6)
"Protected Space Operations" means all Launch or Transfer
Vehicle activities and Payload activities on Earth, in outer space, or in
transit between Earth and outer space in implementation of an Agreement for
Science or Space Exploration activities unrelated to the ISS that involve a
launch. Protected Space Operations
begins at the signature of the Agreement and ends when all activities done in
implementation of the Agreement are completed.
It includes, but is not limited to:
(i) Research, design, development, test,
manufacture, assembly, integration, operation, or use of Launch or Transfer
Vehicles, Payloads, or instruments, as well as related support equipment and
facilities and services; and
(ii) All activities related to ground support,
test, training, simulation, or guidance and control equipment, and related
facilities or services.
Protected Space Operations excludes activities
on Earth which are conducted on return from space to develop further a
payload's product or process other than for the activities within the scope of
an Agreement.
(7)
"Related entity" means:
(i) A contractor or subcontractor of a Party at
any tier;
(ii) A user or customer of a Party at any tier; or
(iii) A contractor or subcontractor of a user or
customer of a Party at any tier.
The terms "contractors" and
"subcontractors" include suppliers of any kind.
(8)
“Transfer Vehicle” means any
vehicle that operates in space and transfers Payloads or persons or both
between two different space objects, between two different locations on the
same space object, or between a space object and the surface of a celestial
body. A Transfer Vehicle also includes a
vehicle that departs from and returns to the same location on a space object.
(c)
Cross-waiver of liability:
(1)
The Contractor agrees to a waiver of liability pursuant to which it
waives all claims against any of the entities or persons listed in paragraphs
(c)(1)(i) through (c)(1)(iv) of this clause based on Damage arising out of
Protected Space Operations. This
cross-waiver shall apply only if the person, entity, or property causing the
Damage is involved in Protected Space Operations and the person, entity, or
property damaged is damaged by virtue of its involvement in Protected Space
Operations. The waiver shall apply to
any claims for Damage, whatever the legal basis for such claims, against:
(i) A Party;
(ii) A Party to another NASA Agreement or contract
that includes flight on the same Launch Vehicle;
(iii) A Related Entity of any entity identified in
paragraphs (c)(1)(i) or (c)(1)(ii) of this clause; or
(iv) The employees of any of the entities
identified in (c)(1)(i) through (iii) of this clause.
(2)
The Contractor agrees to extend the cross-waiver of liability as set
forth in paragraph (c)(1) of this clause to its own subcontractors at all tiers
by requiring them, by contract or otherwise, to:
(i) Waive all claims against the entities or
persons identified in paragraphs (c)(1)(i) through
(c)(1)(iv) of this clause; and
(ii) Require that their Related Entities waive all
claims against the entities or persons identified in paragraphs (c)(1)(i) through (c)(1)(iv) of this clause.
(3)
For avoidance of doubt, this cross-waiver of liability includes a
cross-waiver of claims arising from the Convention
on International Liability for Damage Caused by Space Objects, entered into
force on 1 September 1972, in which the person, entity, or property causing the
Damage is involved in Protected Space Operations and the person, entity, or
property damaged is damaged by virtue of its involvement in Protected Space
Operations.
(4)
Notwithstanding the other provisions of this clause, this cross-waiver
of liability shall not be applicable to:
(i) Claims between the Government and its own
contractors or between its own contractors and subcontractors;
(ii) Claims made by a natural person, his/her
estate, survivors, or subrogees (except when a subrogee is a Party to an Agreement or is otherwise bound
by the terms of this cross-waiver) for bodily injury to, or other impairment of
health, or death of such person;
(iii) Claims for Damage caused by willful
misconduct;
(iv) Intellectual property claims;
(v) Claims for damages resulting from a failure
of the contractor to extend the cross-waiver of liability to its subcontractors
and related entities, pursuant to paragraph (c)(2) of
this clause; or
(vi) Claims by the Government arising out
of or relating to a contractor’s failure to perform its obligations under this
contract.
(5)
Nothing in this clause shall be construed to create the basis for a
claim or suit where none would otherwise exist.
(6)
This cross-waiver shall not be applicable when 49 U.S.C. Subtitle IX,
Chapter 701 is applicable.
(End of clause)
1852.228-80
Insurance — Immunity From Tort Liability.
As prescribed in 1828.311-270(b), insert the following provision:
INSURANCE — IMMUNITY FROM TORT LIABILITY
(SEPTEMBER 2000)
If the offeror
is partially or totally immune from tort liability to third persons as a State
agency or as a charitable institution, the offeror
will include in its offer a representation to that effect. When the successful offeror
represented in its offer that it is immune from tort liability, the following
clause(s) will be included in the resulting contract:
(a) When the offeror
represents that it is partially
immune from tort liability to third persons as a State agency or as a
charitable institution, the clause at FAR
52.228-7, Insurance — Liability To Third
Persons, and the associated NFS clause 1852.228-81, Insurance — Partial
Immunity From Tort Liability, will be included in the contract.
(b) When the offeror
represents that it is totally immune
from tort liability to third persons as a State agency or as a charitable
institution. the clause at NFS 1852.228-82, Insurance
— Total Immunity From Tort Liability, will be included in the contract.
(End
of provision)
1852.228-81
Insurance — Partial Immunity From Tort Liability.
As prescribed in
1828.311-270(c), insert the following clause:
INSURANCE — PARTIAL IMMUNITY FROM TORT LIABILITY
(SEPTEMBER 2000)
(a) Except as provided for in paragraph (b) of
this clause, the Government does not assume any liability to third persons, nor
will the Government reimburse the Contractor for its liability to third
persons, with respect to loss due to death, bodily injury, or damage to
property resulting in any way from the performance of this contract; and
(b) The Contractor need not provide or maintain
insurance coverage as required by paragraph (a) of FAR clause 52.228-7,
Insurance — Liability To Third Persons, provided that the Contractor may obtain any
insurance coverage deemed necessary, subject to approval by the Contracting
Officer as to form, amount, and duration.
The Contractor shall be reimbursed for the cost of such insurance and,
to the extent provided in paragraph (c) of FAR clause 52.228-7, for liabilities to third persons for which the contractor
has obtained insurance coverage as provided in this paragraph, but for which
such coverage is insufficient in amount.
(End of clause)
1852.228-82
Insurance — Total Immunity From Tort Liability.
As prescribed in
1828.311-270(d), insert the following clause:
INSURANCE — TOTAL IMMUNITY FROM TORT LIABILITY
(SEPTEMBER 2000)
(a)
The Government does not assume any liability to third persons, nor will
the Government reimburse the Contractor for its liability to third persons,
with respect to loss due to death, bodily injury, or damage to property
resulting in any way from the performance of this contract or any subcontract
under this contract.
(b) If any suit or action is filed, or if any
claim is made against the Contractor, the cost and expense of which may be
reimbursable to the contractor under this contract, the Contractor will
immediately notify the Contracting Officer and promptly furnish copies of all
pertinent papers received by the Contractor.
The Contractor will, if required by the Government, authorize Government
representatives to settle or defend the claim and to represent the contractor
in or take charge of any litigation. The
Contractor may, at its own expense, be associated with the Government
representatives in any such claim or litigation.
(End
of clause)
1852.231-70 Precontract
Costs.
As prescribed in
1831.205-70, insert the following clause:
PRECONTRACT COSTS
(JUNE 1995)
The Contractor
shall be entitled to reimbursement for costs incurred on or after
in an amount not to exceed
$ that,
if incurred after this contract had been entered into, would have been
reimbursable under this contract.
(End of clause)
1852.231-71 Determination of Compensation
Reasonableness.
As prescribed at 1831.205-671, insert the following
provision.
DETERMINATION OF COMPENSATION REASONABLENESS
(MARCH 1994)
(a) The proposal shall include a total
compensation plan. This plan shall
address all proposed labor categories, including those personnel subject to
union agreements, the Service Contract Act, and those exempt from both of the
above. The total compensation plan shall
include the salaries/wages, fringe benefits and leave programs proposed for
each of these categories of labor. The
plan also shall include a discussion of the consistency of the plan among the
categories of labor being proposed.
Differences between benefits offered professional and non-professional
employees shall be highlighted. The
requirements of this plan may be combined with that required by the clause at FAR 52.222-46, "Evaluation of Compensation for Professional
Employees."
(b) The offeror shall
provide written support to demonstrate that its proposed compensation is
reasonable.
(c) The offeror shall
include the rationale for any conformance procedures used or those Service
Contract Act employees proposed that do not fall within the scope of any
classification listed in the applicable wage determination.
(d) The offeror shall
require all service subcontractors (1) with proposed cost reimbursement or
non-competitive fixed-price type subcontracts having a total potential value in
excess of $500,000 and (2) the cumulative value of all their service
subcontracts under the proposed prime contract in excess of 10 percent of the
prime contract's total potential value, provide as part of their proposals the
information identified in (a) through (c) of this provision.
(End of provision)
1852.232-70 NASA Modification
of FAR 52.232-12.
As prescribed at 1832.412-70, make the
following modifications:
NASA
MODIFICATION OF FAR 52.232-12
(MARCH
1998)
(a) Basic Clause. (1)
In paragraph (e), Maximum Payment, in the sentence that begins “When the
sum of,” change the word "When" to lower case and insert before it:
"Unliquidated advance payments shall not exceed
$..... at any time outstanding. In addition.…"
(2) In paragraph (m)(1),
delete "in the form prescribed by the administering office" and
substitute "and Standard Form 272, Federal Cash Transactions Report, and,
if appropriate, Standard Form 272-A, Federal Cash Transactions Report
Continuation."
(b) Alternate II (if incorporated in the
contract). In paragraph (e), Maximum
Payment, in the sentence that begins “When the sum of,” change the word
"When" to lower case and insert before it: "Unliquidated
advance payments shall not exceed $..... at any time
outstanding. In addition.…"
(c) Alternate V (if incorporated in the
contract). (1)
Substitute the following for paragraph (b): "(b) Use of funds. The
Contractor may use advance payment funds only to pay for properly allocable,
allowable, and reasonable costs for direct materials, direct labor, indirect
costs, or such other costs approved in writing by the administering contracting
office. Payments are subject to any
restrictions in other clauses of this contract. Determinations of whether costs
are properly allocable, allowable, and reasonable shall be in accordance with
generally accepted accounting principles, subject to any applicable subparts of
Part
31of the Federal Acquisition Regulation, other
applicable regulations referenced in Part 31, or Subpart 1831.2."
(2) In paragraph (d), Maximum Payment, in the
sentence that begins “When the sum of,” change the word "When" to
lower case and insert before it: "Unliquidated
advance payments shall not exceed $..... at any time
outstanding. In addition.…"
(3)
In paragraph (j)(1), insert between
“statements,” and “and” “together with Standard Form 272, Federal Cash
Transactions Report, and, if appropriate, Standard Form 272-A, Federal Cash
Transactions Report Continuation”
(4) If this is a Phase I contract awarded under
the SBIR or STTR programs, delete paragraph (a) and substitute the following:
"(a) Requirements for payment. Advance payments will be made under this
contract upon receipt of invoices from the Contractor. Invoices should be
clearly marked "Small Business Innovation Research Contract" or
"Small Business Technology Transfer Contract," as appropriate, to
expedite payment processing. One-third
of the total contract price will be available to be advanced to the contractor immediately
after award, another one-third will be advanced three months after award, and
the final one-third will be paid upon acceptance by NASA of the Contractor's
final report. By law, full payment must be made no later than 12 months after
the date that contract requirements are completed. The Contractor shall flow down the terms of
this clause to any subcontractor requiring advance payments."
(End of
clause)
1852.232-77 Limitation of Funds (Fixed- Price
Contract).
As prescribed in
1832.705-270(a), insert the following clause. Contracting officers are authorized, in appropriate cases, to
revise clause paragraphs (a), (b), and (g) to specify the work required under
the contract, in lieu of using contract item numbers. The 60-day period may be
varied from 30 to 90 days, and the 75 percent from 75 to 85 percent:
LIMITATION OF FUNDS (FIXED-PRICE CONTRACT)
(MARCH 1989)
(a) Of the total price of items through ,
the sum of $ is presently available
for payment and allotted to this contract. It is anticipated that from time to
time additional funds will be allocated to the contract in accordance with the
following schedule, until the total price of said items is allotted:
|
SCHEDULE FOR
ALLOTMENT OF FUNDS
|
|
Date
|
Amounts
|
(b) The Contractor agrees to perform or have
performed work on the items specified in
paragraph (a) of this clause up to the point at which, if this contract is
terminated pursuant to the Termination for Convenience of the Government clause
of this contract, the total amount payable by the Government (including amounts
payable for subcontracts and settlement costs)
pursuant to paragraphs (f) and
(g) of that clause would, in the exercise of reasonable judgment by the
Contractor, approximate the total amount
at the time allotted to the contract. The Contractor is not obligated to
continue performance of the work beyond that point. The Government is not
obligated in any event to pay or reimburse the Contractor more than the amount from time to time
allotted to the contract, anything to the contrary in the Termination for
Convenience of the Government clause notwithstanding.
(c)(1) It is contemplated that funds presently
allotted to this contract will cover the work to be performed until .
(2) If funds allotted are considered by the
Contractor to be inadequate to cover the work to be performed until that date,
or an agreed date substituted for it, the Contractor shall notify the
Contracting Officer in writing when within the next 60 days the work will reach
a point at which, if the contract is
terminated pursuant to the Termination for Convenience of the Government
clause of this contract, the total amount payable by the Government (including
amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause will approximate 75 percent of the total
amount then allotted to the contract.
(3) (i)
The notice shall state the estimate when the point referred to in
paragraph (c)(2) of this clause will be reached and the estimated amount of
additional funds required to continue performance to the date specified in
paragraph (c)(1) of this clause, or an agreed date substituted for it.
(ii)The
Contractor shall, 60 days in advance of the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it,
advise the Contracting Officer in writing as to the estimated amount of
additional funds required for the timely performance of the contract for a
further period as may be specified in the contract or otherwise agreed to by
the parties.
(4) If, after the notification referred to in
paragraph (c)(3)(ii) of this clause, additional funds are not allotted by the
date specified in paragraph (c)(1) of this clause, or an agreed date
substituted for it, the Contracting Officer shall, upon the Contractor's
written request, terminate this contract on that date or on the date set forth
in the request, whichever is later, pursuant to the Termination for Convenience
of the Government clause.
(d) When additional funds are allotted from time
to time for continued performance of the work under this contract, the parties
shall agree on the applicable period of contract performance to be covered by
these funds. The provisions of paragraphs (b) and (c) of this clause shall
apply to these additional allotted funds and the substituted date pertaining to
them, and the contract shall be modified accordingly.
(e) If, solely by reason of the Government's
failure to allot additional funds in amounts sufficient for the timely
performance of this contract, the Contractor incurs additional costs or is
delayed in the performance of the work under this contract, and if additional
funds are allotted, an equitable adjustment shall be made in the price or
prices (including appropriate target, billing, and ceiling prices where
applicable) of the
items to be delivered, or in the time of delivery, or both.
(f) The Government may at any time before
termination, and, with the consent of the Contractor, after notice of
termination, allot additional funds for this contract.
(g) The provisions of this clause with respect to
termination shall in no way be deemed to limit the rights of the Government
under the default clause of this contract.
The provisions of this Limitation of Funds clause are limited to the
work on and allotment of funds for the items set forth in paragraph (a) of this
clause. This clause shall become
inoperative upon the allotment of funds for the total price of said work except
for rights and obligations then existing under this clause.
(h) Nothing in this clause shall affect the right
of the Government to terminate this contract pursuant to the Termination for
Convenience of the Government clause of this contract.
(End of clause)
1852.232-79 Payment for On-Site Preparatory Costs
As prescribed in
1832.111-70, insert the following clause:
PAYMENT FOR ON-SITE PREPARATORY COSTS
(SEPTEMBER 1987)
Costs associated
with on-site preparatory work (start-up or set-up costs) will be prorated over
all work activities of a Critical Path Method (CPM) network or Progress Chart
against which progress payments will be sought.
Separate payment for on-site preparatory costs will not be made by the
Government.
(End of clause)
1852.232-81 Contract
Funding.
As prescribed in
1832.705-270(b), insert the following clause:
CONTRACT FUNDING
(JUNE 1990)
|
Clause/
Provision
Number
|
Title
|
Date
|
Prescribed
In
|
P
or
C
|
UCF
|
IBR
or
FT
|
Fill
In
|
Mod
or
Sub
|
App
Dev
|
FP
SUP
|
CR
SUP
|
FP
R&D
|
CR
R&D
|
FP
SVC
|
CR
SVC
|
FP
CON
|
CR
CON
|
T&M
LH
|
A&E
|
ID
DEL
|
TRN
|
SAP
|
CI
|
|
1852.203-70
|
Display of Inspector General Hotline Posters
|
(JUN
2001)
|
1803.7001
|
C
|
I
|
IBR
|
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
|
|
1852.204-75
|
Security Classification Requirements
|
(SEP 1989)
|
1804.404-70
|
C
|
I
|
IBR
|
X
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
A
|
A
|
A
|
|
|
1852.204-76
|
Security
Requirements for Unclassified
Information Technology Resources
|
(JAN
2011)
|
1804.470-4(a)
|
C*
|
I
|
IBR
|
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
A
|
A
|
A
|
|
|
1852.208-81
|
Restrictions
on Printing and Duplicating
|
(NOV
2004)
|
1808.870
|
C*
|
H
|
IBR
|
|
|
|
A
|
A
|
|
A
|
A
|
A
|
|
|
A
|
|
A
|
A
|
A
|
|
|
1852.209-70
|
Product
Removal from Qualified Products List
|
(DEC
1988)
|
1809.206-71
|
C
|
I
|
IBR
|
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
|
|
|
|
A
|
|
A
|
|
|
1852.209-71
|
Limitation
of Future Contracting
|
(DEC
1988)
|
1809.507-2
|
C
|
H
|
IBR
|
X
|
X
|
|
O
|
O
|
O
|
O
|
O
|
O
|
O
|
O
|
O
|
|
O
|
O
|
O
|
|
|
1852.209-72
|
Composition
of the Contractor
|
(DEC
1988)
|
1809.670
|
C
|
I
|
IBR
|
|
|
|
O
|
O
|
O
|
O
|
O
|
O
|
R
|
O
|
O
|
|
O
|
O
|
O
|
|
|
1852.209-73
|
Representation
by Offerors that they are not the Association of
Community Organizations for Reform Now (ACORN) or a subsidiary of ACORN.
|
FEB
2012
|
PIC
12-03
|
P
|
K
|
FT
|
|
|
Yes,
PIC 12-03
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
|
1852-209.74
|
Certification by Offerors
regarding Federal income tax filing and Federal income tax violations.
|
FEB
2012
|
PIC
12-03
|
P
|
K
|
FT
|
|
|
Yes,
PIC 12-03
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
|
|
1852.209-75
|
Representation
by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony
Conviction under any Federal Law.
|
FEB
2012
|
PIC
12-03
|
P
|
K
|
FT
|
|
|
Yes,
PIC 12-03
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
|
|
1852.211-70
|
Packaging,
Handling, and Transportation
|
(SEP
2005)
|
1811.404-70
|
C
|
D
|
IBR
|
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
|
|
A
|
|
A
|
A
|
A
|
|
|
1852.213-70
|
Offeror
Representations and
Certifications—Other Than Commercial Items
|
(JUL
2004)
|
1813.302-570
|
P
|
K
|
IBR
|
X
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
O
|
|
|
1852.213-70
|
Alternate
I
|
(MAR
2004)
|
1813.302-570(a)(2)(i)
|
P
|
K
|
IBR
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
A
|
|
|
1852.213-70
|
Alternate
II
|
(MAR
2004)
|
1813.302-570(a)(2)(ii)
|
P
|
K
|
IBR
|
X
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
A
|
|
|
1852.213-70
|
Alternate
III
|
(MAR
2004)
|
1813.302-570(a)(2)(iii)
|
P
|
K
|
IBR
|
X
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
A
|
|
|
1852.213-71
|
Evaluation
Other Than
Commercial Items
|
(JUN
2002)
|
1813.302-570(b)
|
P
|
L
|
IBR
|
X
|
X
|
|
|
|
|
|
|
|
|
|
|
|
|
|
O
|
|
|
1852.214-70
|
Caution
to Offerors Furnishing Descriptive Literature
|
(DEC
1988)
|
1814.201-670(a)
|
P
|
L
|
IBR
|
|
|
|
A
|
|
|
|
A
|
|
A
|
|
|
|
A
|
|
|
|
|
1852.214-71
|
Grouping
for Aggregate Award
|
(MAR
1989)
|
1814.201-670(c)
|
P
|
M
|
IBR
|
X
|
|
|
A
|
O
|
|
|
A
|
O
|
A
|
|
O
|
|
A
|
A
|
|
A
|
|
1852.214-72
|
Full
Quantities
|
(DEC
1988)
|
1814.201-670(b)
|
P
|
M
|
IBR
|
|
|
|
A
|
O
|
|
|
A
|
O
|
A
|
|
O
|
|
A
|
A
|
|
A
|
|
1852.215-77
|
Preproposal/Pre-Bid
Conference
|
(DEC
1988)
|
1815.209-70(a)
|
P
|
L
|
|
X
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
A
|
A
|
|
|
|
1852.215-78
|
Make
or Buy Program Requirements
|
(FEB
1998)
|
1815.408-70(a)
|
P
|
L
|
IBR
|
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
|
|
A
|
|
A
|
|
|
|
|
1852.215-79
|
Price
Adjustment for "Make-or-Buy" Changes
|
(DEC
1988)
|
1815.408-70(b)
|
C
|
I
|
IBR
|
X
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
|
|
A
|
|
A
|
|
|
|
|
1852.215-81
|
Proposal
Page Limitations
|
(FEB
1998)
|
1815.209-70(d),
|
P
|
L
|
IBR
|
X
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
A
|
A
|
A
|
|
|
1852.215-84
|
Ombudsman
|
(NOV
2011)
|
1815.7003
|
C
|
I
|
IBR
|
|
|
|
R
|
R
|
R
|
R
|
R
|
R
|
R
|
R
|
R
|
|
R
|
R
|
R
|
R
|
|
1852.215-84
|
Alternate I
|
(JUN
2000)
|
1815.7003
|
C
|
I
|
IBR
|
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
R
|
A
|
A
|
A
|
|
1852.216-73
|
Estimated
Cost and Cost Sharing
|
(DEC
1991)
|
1816.307-70(a)
|
C
|
B
|
FT
|
X
|
|
|
|
|
|
A
|
|
|
|
|
|
|
|
|
|
|
|
1852.216-74
|
Estimated
Cost and Fixed Fee
|
(DEC
1991)
|
1816.307-70
(b)
|
C
|
B
|
FT
|
X
|
|
|
|
O
|
|
O
|
|
O
|
|
O
|
|
|
|
|
|
|
|
1852.216-75
|
Payment
of Fixed Fee
|
(DEC
1988)
|
1816.307-70
(c)
|
C
|
G
|
IBR
|
|
X
|
|
|
O
|
|
O
|
|
O
|
|
O
|
|
|
|
|
|
|
|
1852.216-76
|
Award
Fee for Service Contracts
|
(APR
2012)
|
1816.406-70
(a)
|
C
|
G
|
FT
|
X
|
|
|
|
|
A
|
A
|
A
|
A
|
|
|
A
|
A
|
A
|
|
|
|
|
1852.216-77
|
Award
Fee for End Item Contracts
|
(APR
2012)
|
1816.406-70
(b)
|
C
|
G
|
FT
|
X
|
X
|
|
A
|
A
|
A
|
A
|
|
|
A
|
A
|
|
|
A
|
|
|
|
|
1852.216-78
|
Firm
Fixed Price
|
(DEC
1988)
|
1816.202-70
|
C
|
B
|
FT
|
X
|
|
|
A
|
|
A
|
|
A
|
|
A
|
|
A
|
|
|
|
|
|
|
1852.216-80
|
Task
Ordering Procedure
|
(OCT
1996)
|
1816.506-70
|
C
|
I
|
IBR
|
X
|
|
|
O
|
O
|
O
|
O
|
O
|
O
|
O
|
O
|
O
|
|
O
|
O
|
|
|
|
1852.216-80
|
Alternate
I
|
(OCT
1996)
|
1816.506-70
|
C
|
I
|
IBR
|
|
|
|
O
|
O
|
O
|
O
|
O
|
O
|
O
|
O
|
O
|
|
O
|
O
|
|
|
|
1852.216-81
|
Estimated
Cost
|
(DEC
1988)
|
1816.307-70(d)
|
C
|
B
|
IBR
|
X
|
|
|
|
A
|
|
A
|
|
A
|
|
A
|
A
|
|
|
|
|
|
|
1852.216-83
|
Fixed
Price Incentive
|
(OCT
1996)
|
1816.406-70(c)
|
C
|
B
|
FT
|
X
|
X
|
|
O
|
|
|
|
O
|
|
O
|
|
O
|
|
|
|
O
|
|
|
1852.216-84
|
Estimated
Cost and Incentive Fee
|
(OCT
1996)
|
1816.406-70(d)
|
C
|
B
|
FT
|
X
|
|
|
|
O
|
|
O
|
|
O
|
|
O
|
|
|
|
|
|
|
|
1852.216-85
|
Estimated
Cost and Award Fee
|
(SEP
1993)
|
1816.406-70(e)
|
C
|
B
|
FT
|
X
|
|
|
|
O
|
|
O
|
|
O
|
|
O
|
|
|
|
|
|
|
|
1852.216-85
|
Alternate
I
|
(SEP
1993)
|
1816.406-70(e)
|
C
|
B
|
FT
|
X
|
|
|
|
O
|
|
O
|
|
O
|
|
O
|
|
|
|
|
|
|
|
1852.216-87
|
Submission of Vouchers for Payment
|
(MAR
1998)
|
1816.307-70(e)
|
C
|
G
|
IBR
|
X
|
|
|
|
O
|
|
O
|
|
O
|
|
O
|
O
|
|
|
|
|
|
|
1852.216-88
|
Performance
Incentive
|
(JAN
1997)
|
1816.406-70(f)
|
C
|
B
|
IBR
|
X
|
X
|
|
|
O
|
|
O
|
|
|
|
|
|
|
|
|
|
|
|
1852.216-89
|
Assignment
and Release Forms
|
(JUL
1997)
|
1816.307-70(f)
|
C
|
I
|
IBR
|
|
|
|
|
A
|
|
A
|
|
A
|
|
A
|
A
|
|
A
|
A
|
|
|
|
1852.217-70
|
Property
Administration and Reporting
|
(DEC
2005)
|
1817.7004-6
and 1817.7005-3
|
C
|
NA
|
IBR
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1852.217-71
|
Phased
Acquisition Using Down-Selection Procedures
|
(NOV
2011)
|
1817.7302(a)
|
C
|
I
|
IBR
|
X
|
X
|
|
|
|
|
A
|
|
|
|
|
|
|
|
|
|
|
|
1852.217-72
|
Phased
Acquisition Using Progressive Competition Down-Selection Procedures
|
(NOV
2011)
|
1817.7302(b)
|
C
|
I
|
IBR
|
X
|
X
|
|
|
|
|
A
|
|
|
|
|
|
|
|
|
|
|
|
1852.219-73
|
Small
Business Subcontracting Plan
|
(MAY
1999)
|
1819.708-70(a)
|
P
|
L
|
IBR
|
X
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
A
|
A
|
|
|
|
1852.219-74
|
Use
of Rural Area Small Businesses
|
(SEP
1990)
|
1819.7103
|
C*
|
I
|
IBR
|
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
A
|
A
|
|
|
|
1852.219-75
|
Business
Subcontracting Reporting
|
(MAY
1999)
|
1819.708-70(b)
|
C*
|
I
|
IBR
|
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
A
|
A
|
|
A
|
|
1852.219-76
|
NASA
8 Percent Goal
|
(JUL
1997)
|
1819.7003
|
C
|
I
|
IBR
|
|
|
|
R
|
R
|
R
|
R
|
R
|
R
|
R
|
R
|
R
|
|
R
|
R
|
|
R
|
|
1852.219-77
|
NASA
Mentor-Protégé Program
|
(MAY
2009)
|
1819.7215
|
C
|
I
|
IBR
|
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
A
|
A
|
|
|
|
1852.219-79
|
Mentor
Requirements and Evaluation
|
(MAY
2009)
|
1819.7215
|
C
|
I
|
IBR
|
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
A
|
A
|
|
|
|
1852.219-80
|
Limitation
on Subcontracting -- SBIR Phase I Program
|
(OCT
2006)
|
1819.7302(a)
|
C
|
I
|
IBR
|
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
A
|
A
|
A
|
|
|
1852.219-81
|
Limitation
on Subcontracting -- SBIR Phase II Program
|
(OCT
2006)
|
1819.7302(b)
|
C
|
I
|
IBR
|
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
A
|
A
|
A
|
|
|
1852.219-82
|
Limitation
on Subcontracting -- STTR Program
|
(OCT
2006)
|
1819.7302(c)
|
C
|
I
|
IBR
|
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
A
|
A
|
A
|
|
|
1852.219-83
|
Limitation
of the Principal Investigator -- SBIR Program
|
(OCT
2006)
|
1819.7302(d)
|
C
|
I
|
IBR
|
X
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
A
|
A
|
A
|
|
|
1852.219-84
|
Limitation
of the Principal Investigator -- STTR Program
|
(OCT
2006)
|
1819.7302(e)
|
C
|
I
|
IBR
|
X
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
A
|
A
|
A
|
|
|
1852.219-85
|
Conditions
for Final Payment --SBIR and STTR Contracts
|
(OCT
2006)
|
1819.7302
(f)
|
C
|
I
|
IBR
|
X
|
|
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
|
A
|
A
|
A
|
|
|
1852.223-70
|
Safety
and Health
|
(APR
2002)
|
1823.7001(a)
|
C*
|
H
|
IBR
|
|
|
|
|
A
|
A
|
A
|
|