development,
the procurement officer may authorize the use of a base fee not to exceed 3
percent. Base fee shall not be used
when an award fee incentive is used in conjunction with another contract type
(e.g., CPIF/AF).
(b) When a base fee is authorized for use in
a CPAF contract, it shall be paid only if the final award fee evaluation
is "satisfactory" or
better. (See 1816.405-273 and
1816.405-275) Pending final evaluation,
base fee may be paid during the life of the contract at defined intervals on a
provisional basis. If the final award
fee evaluation is "poor/unsatisfactory", all provisional base fee
payments shall be refunded to the Government.
1816.405-272 Award fee evaluation periods.
(a) Award fee evaluation periods, including
those for interim evaluations, should be at least 6 months in length. When appropriate, the procurement officer
may authorize shorter evaluation periods after ensuring that the additional
administrative costs associated with the shorter periods are offset by benefits
accruing to the Government. Where
practicable, such as developmental contracts with defined performance milestones
(e.g., Preliminary Design Review, Critical Design Review, initial system test),
establishing evaluation periods at conclusion of the milestones rather than
calendar dates, or in combination with calendar dates should be
considered. In no case shall an evaluation
period be longer than 12 months.
(b) A portion of the total available award
fee contract shall be allocated to each of the evaluation periods. This allocation may result in an equal or
unequal distribution of fee among the periods.
The contracting officer should consider the nature of each contract and
the incentive effects of fee distribution in determining the appropriate
allocation structure.
1816.405-273 Award fee evaluations.
(a) Service Contracts. On contracts where the contract deliverable
is the performance of a service over any given time period, contractor
performance is often definitively measurable within each evaluation
period. In these cases, all evaluations
are final, and the contractor keeps the fee earned in any period regardless of
the evaluations of subsequent periods.
Unearned award fee in any given period in a service contract is lost and
shall not be carried forward, or "rolled-over," into subsequent
periods.
(b) End
Item Contracts. On contracts, such
as those for end item deliverables, where the true quality of contractor
performance cannot be measured until the end of the contract, only the last
evaluation is final. At that point, the
total contract award fee pool is available, and the contractor's total performance
is evaluated against the award fee plan to determine total earned award
fee. In addition to the final
evaluation, interim evaluations are done to monitor performance prior to
contract completion, provide feedback to the contractor on the Government's
assessment of the quality of its performance, and establish the basis for making interim award fee payments (see
1816.405-276(a)). These interim
evaluations and associated interim award fee payments are superseded by the fee
determination made in the final evaluation at contract completion. The Government will then pay the contractor,
or the contractor will refund to the Government, the difference between the
final award fee determination and the cumulative interim fee payments.
(c) Control
of evaluations. Interim and final
evaluations may be used to provide past performance information during the
source selection process in future acquisitions and should be marked and
controlled as “Source Selection Information - See FAR 3.104”.
1816.405-274 Award fee evaluation factors.
(a) Explicit evaluation factors shall be
established for each award fee period.
(b) Evaluation factors will be developed by
the contracting officer based upon the characteristics of an individual
procurement. Normally, technical and
schedule considerations will be included in all CPAF contracts as evaluation
factors. Cost control shall be included
as an evaluation factor in all CPAF contracts.
When explicit evaluation factor weightings are used, cost control shall
be no less than 25 percent of the total weighted evaluation factors. The predominant consideration of the cost
control evaluation should be a measurement of the contractor's performance
against the negotiated estimated cost of the contract. This estimated cost may include the value of
undefinitized change orders when appropriate.
(c)(1) The
technical factor, if used, must include consideration of risk management
(including mission success, safety, security, health, export control, and
damage to the environment, as appropriate) unless waived at a level above the
contracting officer, with the concurrence of the project manager. The rationale for any waiver shall be
documented in the contract file. When
safety, export control, or security are considered under the technical factor,
the award fee plan shall allow the following fee determinations, regardless of
contractor performance in other evaluation factors, when there is a major
breach of safety or security.
(i) For
evaluation of service contracts under 1816.405-273(a), an overall fee
determination of zero for any evaluation period in which there is a major
breach of safety or security.
(ii)
For evaluation of end item contracts under 1816.405-273(b), an overall fee
determination of zero for any interim evaluation period in which there is a
major breach of safety or security. To
ensure that the final award fee evaluation at contract completion reflects any
major breach of safety or security, in an interim period, the overall award fee
pool shall be reduced by the amount of the fee available for the period in
which the major breach occurred if a zero fee determination was made because of
a major breach of safety or security.
(2)
A major breach of safety must be related directly to the work on the
contract. A major breach of safety is
an act or omission of the Contractor that consists of an accident, incident, or
exposure resulting in a fatality or mission failure; or in damage to equipment
or property equal to or greater than $1 million; or in any “willful” or
“repeat” violation cited by the Occupational Safety and Health Administration
(OSHA) or by a state agency operating under an OSHA approved plan.
(3) A major breach of
security may occur on or off Government installations, but must be directly
related to the work on the contract. A
major breach of security is an act or omission by the contractor that results
in compromise of classified information, illegal technology transfer, workplace
violence resulting in criminal conviction, sabotage, compromise or denial of
information technology services, equipment or property damage from vandalism
greater than $250,000, or theft greater than $250,000.
(4) The
Assistant Administrator for Procurement (Code HS) shall be notified prior to
the determination of a zero award fee because of a major breach of safety or
security.
(d) In rare
circumstances, contract costs may increase for reasons outside the contractor's
control and for which the contractor is not entitled to an equitable
adjustment. One example is a
weather-related launch delay on a launch support contract. The Government shall take such situations
into consideration when evaluating contractor cost control.
(e) Emphasis on
cost control should be balanced against other performance requirement
objectives. The contractor should not
be incentivized to pursue cost control to the point that overall
performance is significantly degraded.
For example, incentivizing an underrun that results in direct negative
impacts on technical performance, safety, or other critical contract objectives
is both undesirable and counterproductive.
Therefore, evaluation of cost control shall conform to the following
guidelines:
(1) Normally, the contractor should be
given a score of 0 for cost control when there is a significant overrun within
its control. However, the contractor
may receive higher scores for cost control if the overrun is
insignificant. Scores should decrease
sharply as the size of the overrun increases.
In any evaluation of contractor overrun performance, the Government
shall consider the reasons for the overrun and assess the extent and
effectiveness of the contractor's efforts to control or mitigate the overrun.
(2) The contractor should normally be
rewarded for an underrun within its control, up to the maximum score allocated for
cost control, provided the average numerical rating for all other award fee
evaluation factors is 81 or greater (see 1816.405-275). An underrun shall be rewarded as if the
contractor has met the estimated cost of the contract (see 1816.405-274(d)(3)) when
the average numerical rating for all other factors is less than 81 but greater
than 60.
(3) The contractor should be rewarded for
meeting the estimated cost of the contract, but not to the maximum score
allocated for cost control, to the degree that the contractor has prudently
managed costs while meeting contract requirements. No award shall be given in this circumstance unless the average
numerical rating for all other award fee evaluation factors is 61 or greater.
(f) When an
AF arrangement is used in conjunction with another contract type, the award
fee’s cost control factor will only apply to a subjective assessment of the
contractor’s efforts to control costs and not the actual cost outcome
incentivized under the basic contract type (e.g. CPIF, FPIF).
(g)(1) The contractor's performance against
the subcontracting plan incorporated in the contract shall be evaluated. Emphasis may be placed on the contractor's
accomplishment of its goals for subcontracting with small business, HUBZone
small business, women-owned small business,
veteran-owned small business, and service-disabled veteran-owned small
business concerns.
(2) The contractor's performance against
the contract target for participation as subcontractors by small disadvantaged
business concerns in the NAICS Major Groups designated by the Department of
Commerce (see FAR 19.201(c))
shall also be evaluated if the clause at FAR 52.219-26,
Small Disadvantaged Business Participation - Incentive Subcontracting, is not
included in the contract (see FAR 19.1204(c)).
(3) The contractor's achievements in
subcontracting high technology efforts as well as the contractor's performance
under the Mentor-Protégé Program, if applicable, may also be evaluated.
(4) The evaluation weight given to the
contractor's performance against the considerations in paragraphs (g)(1)
through (g)(3) of this section should be significant (up to 15 percent of
available award fee). The weight should
motivate the contractor to focus management attention to subcontracting with
small, HUBZone, women-owned, veteran-owned, and service-disabled veteran-owned
small business concerns, and with small disadvantaged business concerns in
designated NAICS Major Groups to the maximum extent practicable, consistent
with efficient contract performance.
(h) When
contract changes are anticipated, the contractor’s responsiveness to requests
for change proposals should be evaluated.
This evaluation should include the contractor’s submission of timely,
complete proposals and cooperation in negotiating the change.
(i) Only the award fee performance evaluation factors
set forth in the performance evaluation plan shall be used to determine award
fee scores.
(j) The Government may unilaterally modify
the applicable award fee performance evaluation factors and performance
evaluation areas prior to the start of an evaluation period. The contracting officer shall notify the
contractor in writing of any such changes 30 days prior to the start of the relevant
evaluation period.
1816.405-275 Award fee evaluation scoring.
(a) A scoring system of 0-100 shall be used
for all award fee ratings. Award fee
earned is determined by applying the numerical score to the award fee
pool. For example, a score of 85 yields
an award fee of 85 percent of the award fee pool. No award fee shall be paid unless the total score is 61 or
greater.
(b)
The following standard adjectival ratings and the associated numerical scores
shall be used on all award fee contracts.
(1) Excellent (100-91):
Of exceptional merit; exemplary performance in a timely, efficient, and
economical manner; very minor (if any) deficiencies with no adverse effect on
overall performance.
(2) Very
good (90-81): Very effective performance, fully responsive
to contract requirements; contract requirements accomplished in a timely, efficient, and economical manner for
the most part; only minor deficiencies.
(3) Good (80-71):
Effective performance; fully responsive to contract requirements;
reportable deficiencies, but with little identifiable effect on overall
performance.
(4) Satisfactory (70-61):
Meets or slightly exceeds minimum acceptable standards; adequate
results; reportable deficiencies with identifiable, but not substantial,
effects on overall performance.
(5) Poor/Unsatisfactory (less than 61): Does not meet minimum acceptable standards in one or more areas;
remedial action required in one or more areas; deficiencies in one or more
areas which adversely affect overall performance.
(c) As a benchmark for evaluation, in order
to be rated "Excellent," the contractor must be under cost, on or
ahead of schedule, and have provided excellent technical performance.
(d) A scoring system appropriate for the
circumstances of the individual contract requirement should be developed. Weighted scoring is recommended. In this system, each evaluation factor
(e.g., technical, schedule, cost control) is assigned a specific percentage
weighting with the cumulative weightings of all factors totaling 100. During the award fee evaluation, each factor
is scored from 0-100 according to the ratings defined in 1816.405-275(b). The numerical score for each factor is then
multiplied by the weighting for that factor to determine the weighted score. For example, if the technical factor has a
weighting of 60 percent and the numerical score for that factor is 80, the
weighted technical score is 48 (80 x 60 percent). The weighted scores for each evaluation factor are then added to
determine the total award fee score.
1816.405-276 Award fee payments and
limitations.
(a) Interim
Award Fee Payments. The amount of an interim award fee
payment (see 1816.405-273(b)) is limited to the lesser of the interim
evaluation score or 80 percent of the fee allocated to that interim period less any provisional payments (see
paragraph (b) of this subsection) made during the period.
(b) Provisional
Award Fee Payments. Provisional
award fee payments are payments made within evaluation periods prior to an
interim or final evaluation for that period.
Provisional payments may be included in the contract and should be
negotiated on a case-by-case basis. For a service contract, the total
amount of award fee available in an evaluation period that may be provisionally
paid is the lesser of a percentage stipulated in the contract (but not
exceeding 80 percent) or the prior period's evaluation score.
For an end item contract, the total amount of provisional payments in a
period is limited to a percentage not to exceed 80 percent of the prior interim period’s evaluation score.
(c) Fee
Payment. The Fee Determination
Official's rating for both interim and final evaluations will be provided to
the contractor within 45 calendar days of the end of the period being
evaluated. Any fee, interim or final, due
the contractor will be paid no later than 60 calendar days after the end of the
period being evaluated.
1816.406 Contract clauses.
1816.406-70 NASA contract clauses.
(a) As authorized by FAR 16.406(e), the
contracting officer shall insert the clause at 1852.216-76,
Award Fee for Service Contracts, in solicitations and contracts when an
award-fee contract is contemplated and the contract deliverable is the
performance of a service.
(b) As authorized by FAR 16.406(e), the
contracting officer shall insert the clause at 1852.216-77, Award Fee for End
Item Contracts, in solicitations and contracts when an award fee contract is
contemplated and the contract deliverables are
hardware or other end items for which total contractor performance
cannot be measured until the end of the contract. When the clause is used in a
fixed-price award-fee contract, it shall be modified by deleting references to
base fee in paragraphs (a), and by deleting paragraph (c)(1), the last sentence of (c)(4), and the first sentence of
(c)(5).
(c) The contracting officer may insert a
clause substantially as stated at 1852.216-83, Fixed Price Incentive, in
fixed-price-incentive solicitations and contracts utilizing firm or successive
targets. For items subject to incentive
price revision, identify the target cost, target profit, target price, and
ceiling price for each item.
(d) The contracting officer shall insert the
clause at 1852.216-84, Estimated Cost and Incentive Fee, in
cost-plus-incentive-fee solicitations and contracts.
(e) The contracting officer may insert the
clause at 1852.216-85, Estimated Cost and Award Fee, in award-fee solicitations
and contracts. When the contract
includes performance incentives, use Alternate I. When the clause is used in a
fixed-price award fee contract, it shall be modified to delete references to
base fee and to reflect the contract type.
(f) As provided at 1816.402-270, the
contracting officer shall insert a clause substantially as stated at
1852.216-88, Performance Incentive,
when the primary deliverable(s) is (are) hardware and total estimated cost and
fee is greater than $25 million. A
clause substantially as stated at 1852.216-88 may be included in lower dollar
value hardware contracts with the approval of the procurement officer.
Subpart 1816.5--Indefinite-Delivery
Contracts
1816.504 Indefinite quantity contracts.
(a)(4)(ii) ID/IQ service contract values and
task order values shall be expressed only in dollars.
(a)(4)(v) See 1815.7003.
1816.505 Ordering.
(a) (2) Task and delivery orders shall be
issued by the contracting officer.
(b)(5) The
Agency and installation ombudsmen designated in accordance with 1815.7001 shall review complaints from contractors
on task order contracts and delivery order contracts.
1816.505-70 Task ordering.
(a) The contracting officer shall, to the
maximum extent possible, state task order requirements in terms of functions
and the related performance and quality standards such that the standards may
be objectively measured.
(b) To the maximum extent possible,
contracting officers shall solicit contractor task plans to use as the basis
for finalizing task order requirements and enable evaluation and pricing of the
contractor's proposed work on a performance based approach as described in 1816.104-70(a).
(c) Task order contract type shall be
individually determined, based on the nature of each task order's
requirements.
(1) Task orders may be grouped by
contract type for administrative convenience (e.g., all CPIF orders, all FFP
orders, etc.) for contractor progress and cost reporting.
(2) Under multiple awards, solicitations
for individual task plans shall request the same pricing structure from all
offerors.
(d) Any undefinitized task order issued under
paragraph (f) of the clause at 1852.216-80, Task Ordering Procedure, shall be
treated and reported as an undefinitized contract action in accordance with 1843.70.
1816.506-70 NASA contract clause.
Insert the clause at 1852.216-80, Task
Ordering Procedure, in solicitations and contracts when an indefinite-delivery,
task order contract is contemplated.
The clause is applicable to both fixed-price and cost-reimbursement type
contracts. If the contract does not
require 533M reporting (see NPG 9501.2, NASA Contractor Financial Management
Reporting System), use the clause with its Alternate I.
Subpart 1816.6--Time-and-Materials,
Labor-Hour, and Letter Contracts
1816.603 Letter contracts.
1816.603-2
Application.
(a) Centers must ensure that NASA liabilities
and commitments are minimized under letter contracts. When a letter contract is justified and program requirements can
be severed into smaller, discreet efforts, the work authorized by the letter
contract must be limited to the minimum severable effort required to satisfy
the urgent program requirements. The
remaining requirements may not be initially included in the letter contract and
must be acquired through a separate fully priced and definitized contract
action.
1816.603-370 Approvals.
(a) All requests for authority to issue a letter contract shall include the
following:
(1) Proposed contractor's name and
address.
(2) Location where contract is to be
performed.
(3) Contract number, including
modification number, if applicable.
(4) Brief description of the work or
services to be performed.
(5) Performance period or delivery
schedule.
(6) Amount of letter contract.
(7) Performance period of letter
contract.
(8) Estimated total amount of definitive
contract.
(9) Type of definitive contract to be
executed.
(10) A statement that the definitive
contract will contain all required clauses or identification of specific clause
deviations that have been approved.
(11) A statement as to the necessity and
advantage to the Government of the proposed letter contract.
(12) The definitization schedule
described in FAR 16.603-2(c) expected
to be negotiated with the contractor.
(b) Requests for authority to issue letter
contracts having an estimated definitive contract amount equal to or greater
than the Master Buy Plan submission thresholds of 1807.7101 (or modifications
thereto) shall be signed by the procurement officer and submitted to the
Assistant Administrator for Procurement (Code HS) for approval.
(c) Authority to approve the issuance of
letter contracts below the Master Buy Plan submission thresholds specified in 1807.7101 is delegated to the procurement officer.
(d) Any modification of an undefinitized
letter contract approved by a procurement officer in accordance with paragraph
(c) of this section that increases the estimated definitized contract amount to
or above the Master Buy Plan submission thresholds must have the prior approval
of the Assistant Administrator for Procurement (Code HS).
SAFETY AND HEALTH PLAN
(SEPTEMBER 2001)
The offeror shall submit a detailed safety
and occupational health plan as part of its proposal
(see NPG 8715.3,
NASA Safety Manual, Appendices). The
plan must include a detailed discussion of the policies, procedures, and
techniques that will be used to ensure the safety and occupational health of
contractor employees and to ensure the safety of all working conditions
throughout the performance of the contract.
The plan must similarly address safety and occupational health for
subcontractor employees for any proposed subcontract whose value is expected to
exceed $500,000, including commercial services and services provided in support
of a commercial item. Also, when
applicable, the plan must address the policies, procedures, and techniques that
will be used to ensure the safety and occupational health of: (1) the public,
(2) astronauts and pilots, (3) the NASA workforce (including other contractor
employees working on NASA contracts), and (4) high-value equipment and
property. This plan, as approved by the
Contracting Officer, will be included in any resulting contract.
(End of provision)
ALTERNATE I
(OCTOBER 2001)
As prescribed in 1823.7001(c), delete the
first sentence of the basic provision and substitute the following:
The apparent low bidder, upon request by
the Contracting Officer, shall submit a detailed safety and occupational health
plan (see NPG 8715.3, NASA Safety Manual, Appendices). The plan shall be submitted within the time
specified by the Contracting Officer.
Failure to submit an acceptable plan shall make the bidder ineligible
for the award of a contract.
1852.223-74 Drug- and alcohol-free workforce.
As prescribed in 1823.570-3, insert the
following clause:
DRUG- AND ALCOHOL-FREE WORKFORCE
(MARCH 1996)
(a) Definitions. As
used in this clause the terms "employee," "controlled
substance," "employee in a sensitive
position," and “use, in
violation of applicable law or Federal regulation, of alcohol” are as
defined in 48 CFR 1823.570-2.
(b)(1) The Contractor shall institute and
maintain a program for achieving a drug-and alcohol-free workforce. As a minimum, the program shall provide for
preemployment, reasonable suspicion, random, post-accident, and periodic recurring
(follow-up) testing of contractor
employees
in sensitive positions for use, in violation of applicable law or Federal
regulation, of alcohol or a controlled substance. The Contractor may establish its testing or rehabilitation
program in cooperation with other contractors or organizations.
(2) This clause neither prohibits nor
requires the Contractor to test employees in a foreign country. If the Contractor chooses to conduct such
testing, this clause does not authorize the Contractor to violate foreign law
in conducting such testing.
(3)
The Contractor's program shall test for the use of marijuana and cocaine. The Contractor's program may test for the
use of other controlled substances.
(4) The Contractor's program shall
conform to the "Mandatory Guidelines for Federal Workplace Drug Testing
Programs" published by the Department of Health and Human Services (59 FR
29908, June 9, 1994) and the procedures in 49 CFR Part 40, "Procedures for
Transportation Workplace Drug Testing Programs," in which references to "DOT"
shall be read as "NASA", and the split sample method of collection
shall be used.
(c)(1)
The Contractor's program shall provide, where appropriate, for the
suspension, disqualification, or dismissal of any employee in a sensitive
position in any instance where a test conducted and confirmed under the
Contractor's program indicates that such individual has used, in violation of
applicable law or Federal regulation, alcohol or a controlled substance.
(2) The Contractor's program shall
further prohibit any such individual from working in a sensitive position on a
NASA contract, unless such individual has completed a program of rehabilitation
described in paragraph (d) of this clause.
(3) The Contractor's program shall
further prohibit any such individual from working in any sensitive position on
a NASA contract if the individual is determined under the Contractor's program
to have used, in violation of applicable law or Federal regulation, alcohol or
a controlled substance and the individual meets any of the following criteria:
(i) The individual had undertaken or
completed a rehabilitation program described in paragraph (d) of this clause
prior to such use;
(ii) Following such determination,
the individual refuses to undertake such a rehabilitation program;
(iii) Following such determination,
the individual fails to complete such a rehabilitation program; or
(iv) The individual used a
controlled substance or alcohol while on duty.
(d) The Contractor shall institute and
maintain an appropriate rehabilitation program which shall, as a minimum,
provide for the identification and opportunity for treatment of employees whose
duties include responsibility for safety-sensitive, security, or National
security functions who are in need of assistance in resolving problems with the
use of alcohol or controlled substances.
(e) The requirements of this clause shall
take precedence over any state or local Government laws, rules, regulations,
ordinances, standards, or orders that are inconsistent with the requirements of
this clause.
(f) For any collective bargaining agreement,
the Contractor will negotiate the terms of its program with employee
representatives, as appropriate, under labor relations laws or negotiated
agreements. Such negotiation, however,
cannot change the requirements of this clause.
Employees covered under collective bargaining agreements will not be
subject to the requirements of this clause until those agreements have been
modified, as necessary; provided, however, that if one year after commencement
of negotiation the parties have failed to reach agreement, an impasse will be
determined to have been reached and the Contractor will unilaterally implement
the requirements of this clause.
(g) The Contractor shall insert a clause
containing all the terms of this clause, including this paragraph (g), in all
subcontracts in which work is performed by an employee in a sensitive position,
except subcontracts for commercial items (see FAR Parts 2 and 12).
(End of clause)
1852.223-75 Major Breach of Safety or
Security.
As
prescribed in 1823.7001(d), insert the following clause:
MAJOR
BREACH OF SAFETY OR SECURITY
(FEBRUARY
2002)
illness, damage to
or loss of equipment or property, or damage to the environment. Safety is essential to NASA and is a
material part of this contract. NASA’s safety priority is to protect: (1) the
public; (2) astronauts and pilots; (3) the NASA workforce (including contractor
employees working on NASA contracts); and (4) high-value equipment and
property. A major breach of safety may constitute a breach of contract that
entitles the Government to exercise any of its rights and remedies applicable
to material parts of this contract, including termination for default. A major breach of safety must be related
directly to the work on the contract. A major breach of safety is an act or
omission of the Contractor that consists of an accident, incident, or exposure
resulting in a fatality or mission failure; or in damage to equipment or
property equal to or greater than $1 million; or in any "willful" or
"repeat" violation cited by the Occupational Safety and Health
Administration (OSHA) or by a state agency operating under an OSHA approved
plan.
(b) Security is the condition of safeguarding against espionage,
sabotage, crime (including computer crime), or attack. A major breach of security may constitute a
breach of contract that entitles the Government to exercise any of its rights
and remedies applicable to material parts of this contract, including
termination for default. A major breach
of security may occur on or off Government installations, but must be related
directly to the work on the contract. A
major breach of security is an act or omission by the Contractor that results
in compromise of classified information, illegal technology transfer, workplace
violence resulting in criminal conviction, sabotage, compromise or denial of
information technology services, equipment or property damage from vandalism
greater than $250,000, or theft greater than $250,000.
(c) In the event of a major breach of safety
or security, the Contractor shall report the breach to the Contracting
Officer. If directed by the Contracting
Officer, the Contractor shall conduct its own investigation and report the
results to the Government. The
Contractor shall cooperate with the Government investigation, if conducted.
(End of clause)
1852.225-8 Duty-Free Entry of Space
Articles.
As prescribed in 1825.1101(e), add the
following paragraph (k) to the basic clause at FAR 52.225-8:
(k)
The following supplies will be given duty-free entry:
[Insert the supplies that are to be accorded
duty-free entry.]
(End of addition)
1852.225-70 Export Licenses.
As prescribed in 1825.1103-70(b), insert the
following clause:
EXPORT LICENSES
(FEBRUARY 2000)
(a)
The Contractor shall comply with all U.S. export control laws and
regulations, including the International Traffic in Arms Regulations (ITAR), 22
CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15
CFR Parts 730 through 799, in the performance of this contract. In the absence of available license
exemptions/exceptions, the Contractor shall be responsible for obtaining the
appropriate licenses or other approvals, if required, for exports of hardware,
technical data, and software, or for the provision of technical assistance.
(b)
The Contractor shall be responsible for obtaining export licenses, if required,
before utilizing foreign persons in the performance of this contract, including
instances where the work is to be performed on-site at [insert name of NASA installation], where the foreign person will
have access to export-controlled technical data or software.
(c)
The Contractor shall be responsible for all regulatory record keeping
requirements associated with the use of licenses and license
exemptions/exceptions.
(d)
The Contractor shall be responsible for ensuring that the provisions of
this clause apply to its subcontractors.
(End of clause)
ALTERNATE I
(FEBRUARY 2000)
As prescribed in 1825.1103-70(b), add the
following paragraph (e) as Alternate I to the clause:
(e)
The Contractor may request, in writing, that the Contracting Officer
authorize it to export ITAR-controlled technical data (including software)
pursuant to the exemption at 22 CFR 125.4(b)(3). The Contracting Officer or designated representative may
authorize or direct the use of the exemption where the data does not disclose
details of the design, development, production, or manufacture of any defense
article.
