**1852.215-77 Preproposal/Pre-bid Conference.**

As prescribed in 1815.209-70(a), insert the following provision:

**PREPROPOSAL/PRE-BID CONFERENCE**

**(DECEMBER 1988)**

\(a\) A preproposal/pre-bid conference will be held as indicated below:

Date:

Time:

Location:

Other Information, as applicable:

\[Insert the applicable conference information.\]

\(b\) Attendance at the preproposal/pre-bid conference is recommended;
however, attendance is neither required nor a prerequisite for
proposal/bid submission and will not be considered in the evaluation.

**(End of provision)**

**1852.215-78 Make or Buy Program Requirements.**

As prescribed in 1815.408-70(a), insert the following provision:

**MAKE OR BUY PROGRAM REQUIREMENTS**

**(FEBRUARY 1998)**

The offeror shall submit a Make-or-Buy Program in accordance with the
requirements of Federal Acquisition Regulation (FAR)
[**15.407-2**](http://www.arnet.gov/far/current/html/Subpart_15_4.html#1088101).
The offeror shall include the following supporting documentation with
its proposal:

\(a\) A description of each major item or work effort.

\(b\) Categorization of each major item or work effort as \"must make,\"
\"must buy,\" or \"can either make or buy.\"

\(c\) For each item or work effort categorized as \"can either make or
buy,\" a proposal either to \"make\" or \"buy.\"

\(d\) Reasons for (i) categorizing items and work effort as \"must
make\" or \"must buy\" and (ii) proposing to \"make\" or \"buy\" those
categorized as \"can either make or buy.\" The reasons must include the
consideration given to the applicable evaluation factors described in
the solicitation and be in sufficient detail to permit the Contracting
Officer to evaluate the categorization and proposal.

\(e\) Designation of the offeror\'s plant or division proposed to make
each item or perform each work effort and a statement as to whether the
existing or proposed new facility is in or near a labor surplus area.

\(f\) Identification of proposed subcontractors, if known, and their
location and size status.

\(g\) Any recommendations to defer make-or-buy decisions when
categorization of some items or work efforts is impracticable at the
time of submission.

**(End of provision)**

**1852.215-79 Price Adjustment for \"Make-or-Buy\" Changes.**

As prescribed in 1815.408-70(b), insert the following clause:

**PRICE ADJUSTMENT FOR \"MAKE-OR-BUY\" CHANGES**

**(DECEMBER 1988)**

The following make-or-buy items are subject to the provisions of
paragraph (d) of the clause at [**FAR
52.215-21**](http://www.arnet.gov/far/current/html/52_215.html#1046777),
Change or Additions to Make-or-Buy Program, of this contract:

+--------------------------------+-------------------------------------+
| **ITEM  **                     | **MAKE-OR-BUY**                     |
|                                |                                     |
| **DESCRIPTION**                | **DETERMINATION**                   |
+--------------------------------+-------------------------------------+
|                                |                                     |
+--------------------------------+-------------------------------------+
|                                |                                     |
+--------------------------------+-------------------------------------+

**(End of clause)**

**1852.215-81 Proposal Page Limitations.**

As prescribed in 1815.209-70(d), insert the following provision:

**PROPOSAL PAGE LIMITATIONS**

**(FEBRUARY 1998)**

\(a\) The following page limitations are established for each portion of
the proposal submitted in response to this solicitation.

+------------------------------------+---------------------------------+
| # Proposal Section                 | # Page Limit                    |
|                                    |                                 |
| (List each volume or section)      | (Specify limit)                 |
+------------------------------------+---------------------------------+
|                                    |                                 |
+------------------------------------+---------------------------------+
|                                    |                                 |
+------------------------------------+---------------------------------+
|                                    |                                 |
+------------------------------------+---------------------------------+
|                                    |                                 |
+------------------------------------+---------------------------------+

\(b\) A page is defined as one side of a sheet, 8 1/2\" x 11\", with at
least one inch margins on all sides, using not smaller than 12 point
type. Foldouts count as an equivalent number of 8 1/2\" x 11\" pages.
The metric standard format most closely approximating the described
standard 8 1/2\" x 11\" size may also be used.

\(c\) Title pages and tables of contents are excluded from the page
counts specified in paragraph (a) of this provision. In addition, the
Cost section of your proposal is not page limited. However, this section
is to be strictly limited to cost and price information. Information
that can be construed as belonging in one of the other sections of the
proposal will be so construed and counted against that section\'s page
limitation.

\(d\) If final revisions are requested, separate page limitations will
be specified in the Government\'s request for that submission.

\(e\) Pages submitted in excess of the limitations specified in this
provision will not be evaluated by the Government and will be returned
to the offeror.

**(End of provision)**

**1852.215-84 Ombudsman.**

As prescribed in 1815.7003, insert the following clause:

**OMBUDSMAN**

**(OCTOBER 2003)**

\(a\) An ombudsman has been appointed to hear and facilitate the
resolution of concerns from offerors, potential offerors, and
contractors during the preaward and postaward phases of this
acquisition. When requested, the ombudsman will maintain strict
confidentiality as to the source of the concern. The existence of the
ombudsman is not to diminish the authority of the contracting officer,
the Source Evaluation Board, or the selection official. Further, the
ombudsman does not participate in the evaluation of proposals, the
source selection process, or the adjudication of formal contract
disputes. Therefore, before consulting with an ombudsman, interested
parties must first address their concerns, issues, disagreements, and/or
recommendations to the contracting officer for resolution.

\(b\) If resolution cannot be made by the contracting officer,
interested parties may contact the installation ombudsman, \[Insert
name, address, telephone number, facsimile number, and e-mail address\].
Concerns, issues, disagreements, and recommendations which cannot be
resolved at the installation may be referred to the NASA ombudsman, the
Director of the Contract Management Division, at 202-358-0445, facsimile
202-358-3083, e-mail james.a.balinskas@nasa.gov. Please do not contact
the ombudsman to request copies of the solicitation, verify offer due
date, or clarify technical requirements. Such inquiries shall be
directed to the Contracting Officer or as specified elsewhere in this
document.

**(End of clause)**

**ALTERNATE I**

**(JUNE 2000)**

As prescribed in 1815.7003, insert the following paragraph (c):

\(c\) If this is a task or delivery order contract, the ombudsman shall
review complaints from contractors and ensure they are afforded a fair
opportunity to be considered, consistent with the procedures of the
contract.

**(End of clause)**

**1852.216-73 Estimated Cost and Cost** **Sharing.**

As prescribed in 1816.307-70(a), insert the following clause:

**ESTIMATED COST AND COST SHARING**

**(DECEMBER 1991)**

\(a\) It is estimated that the total cost of performing the work under
this contract will be

\$ [           ]{.underline}.

\(b\) For performance of the work under this contract, the Contractor
shall be reimbursed for not more than [     ]{.underline} percent of the
costs of performance determined to be allowable under the Allowable Cost
and Payment clause. The remaining [     ]{.underline} percent or more of
the costs of performance so determined shall constitute the
Contractor\'s share, for which it will not be reimbursed by the
Government.

\(c\) For purposes of the [      ]{.underline} \[insert \"Limitation of
Cost\" or \"Limitation of Funds\"\] clause, the total estimated cost to
the Government is hereby established as \$[      ]{.underline} (insert
estimated Government share); this amount is the maximum Government
liability.

\(d\) The Contractor shall maintain records of all contract costs
claimed by the Contractor as constituting part of its share. Those
records shall be subject to audit by the Government. Costs contributed
by the Contractor shall not be charged to the Government under any other
grant, contract, or agreement (including allocation to other grants,
contracts, or agreements as part of an independent research and
development program).

**(End of clause)**

**1852.216-74 Estimated Cost and Fixed** **Fee.**

As prescribed in 1816.307-70(b), insert the following clause:

**ESTIMATED COST AND FIXED FEE**

**(DECEMBER 1991)**

The estimated cost of this contract is  [        ]{.underline} exclusive
of the fixed fee of [        ]{.underline} . The total estimated cost
and fixed fee is [          ]{.underline} .

**(End of clause)**

**1852.216-75** **Payment** **of** **Fixed Fee.**

As prescribed in 1816.307-70(c), insert the following clause:

**PAYMENT OF FIXED FEE**

**(DECEMBER 1988)**

The fixed fee shall be paid in monthly installments based upon the
percentage of completion of work as determined by the Contracting
Officer.

**(End of clause)**

**1852.216-76 Award Fee for Service Contracts.**

As prescribed in 1816.406-70(a), insert the following clause:

**AWARD FEE FOR SERVICE CONTRACTS**

**(JUNE 2000)**

\(a\) The contractor can earn award fee from a minimum of zero dollars
to the maximum stated in NASA FAR Supplement clause 1852.216-85,
\"Estimated Cost and Award Fee\" in this contract.

\(b\) Beginning 6\* months after the effective date of this contract,
the Government shall evaluate the Contractor\'s performance every 6\*
months to determine the amount of award fee earned by the contractor
during the period. The Contractor may submit a self-evaluation of
performance for each evaluation period under consideration. These
self-evaluations will be considered by the Government in its evaluation.
The Government\'s Fee Determination Official (FDO) will determine the
award fee amounts based on the Contractor\'s performance in accordance
with [\[identify performance evaluation plan\]]{.underline}. The plan
may be revised unilaterally by the Government prior to the beginning of
any rating period to redirect emphasis.

\(c\) The Government will advise the Contractor in writing of the
evaluation results. The [\[insert payment office\]]{.underline} will
make payment based on [\[Insert method of authorizing award fee payment,
e.g., issuance of unilateral modification by contracting
officer\]]{.underline}.

\(d\) After 85 percent of the potential award fee has been paid, the
Contracting Officer may direct the withholding of further payment of
award fee until a reserve is set aside in an amount that the Contracting
Officer considers necessary to protect the Government\'s interest. This
reserve shall not exceed 15 percent of the total potential award fee.

\(e\) The amount of award fee which can be awarded in each evaluation
period is limited to the amounts set forth at [\[identify location of
award fee amounts\]]{.underline}. Award fee which is not earned in an
evaluation period cannot be reallocated to future evaluation periods.

(f)(1)Provisional award fee payments [\[insert "will" or \"will not\",
as applicable\]]{.underline} be made under this contract pending the
determination of the amount of fee earned for an evaluation period. If
applicable, provisional award fee payments will be made to the
Contractor on a [\[insert the frequency of provisional payments (not
more often than monthly)\]]{.underline} basis. The total amount of award
fee available in an evaluation period that will be provisionally paid is
the lesser of \[Insert a percent not to exceed 80 percent\] or the prior
period\'s evaluation score.

\(2\) Provisional award fee payments will be superseded by the final
award fee evaluation for that period. If provisional payments exceed the
final evaluation score, the Contractor will either credit the next
payment voucher for the amount of such overpayment or refund the
difference to the Government, as directed by the Contracting Officer.

\(3\) If the Contracting Officer determines that the Contractor will not
achieve a level of performance commensurate with the provisional rate,
payment of provisional award fee will be discontinued or reduced in such
amounts as the Contracting Officer deems appropriate. The Contracting
Officer will notify the Contractor in writing if it is determined that
such discontinuance or reduction is appropriate.

\(4\) Provisional award fee payments [\[insert "will" or \"will not\",
as appropriate\]]{.underline} be made prior to the first award fee
determination by the Government.

\(g\) Award fee determinations are unilateral decisions made solely at
the discretion of the Government.

\*\[A period of time greater or lesser than 6 months may be substituted
in accordance with 1816.405-272(a).\]

**(End of clause)**

**1852.216-77 Award Fee for End Item Contracts.**

As prescribed in 1816.406-70(b), insert the following clause:

**AWARD FEE FOR END ITEM CONTRACTS**

**(JUNE 2000)**

\(a\) The contractor can earn award fee, or base fee, if any, from a
minimum of zero dollars to the maximum stated in NASA FAR Supplement
clause 1852.216-85, \"Estimated Cost and Award Fee\" in this contract.
All award fee evaluations, with the exception of the last evaluation,
will be interim evaluations. At the last evaluation, which is final, the
Contractor\'s performance for the entire contract will be evaluated to
determine total earned award fee. No award fee or base fee will be paid
to the Contractor if the final award fee evaluation is
\"poor/unsatisfactory.\"

\(b\) Beginning 6\* months after the effective date of this contract,
the Government will evaluate the Contractor\'s interim performance every
6\* months to monitor Contractor performance prior to contract
completion and to provide feedback to the Contractor. The evaluation
will be performed in accordance with [\[identify performance evaluation
plan\]]{.underline} to this contract. The Contractor may submit a
self-evaluation of performance for each period under consideration.
These self-evaluations will be considered by the Government in its
evaluation. The Government will advise the Contractor in writing of the
evaluation results. The plan may be revised unilaterally by the
Government prior to the beginning of any rating period to redirect
emphasis.

\(c\) (1) Base fee, if applicable, will be paid in [\[Insert
\"monthly\", or less frequent period\]]{.underline} installments based
on the percent of completion of the work as determined by the
Contracting Officer.

\(2\) Interim award fee payments will be made to the Contractor based on
each interim evaluation. The amount of the interim award fee payment is
limited to the lesser of the interim evaluation score or 80 percent of
the fee allocated to that period [less]{.underline} any provisional
payments made during the period. All interim award fee payments will be
superseded by the final award fee determination.

\(3\) Provisional award fee payments will [\[insert \"not\" if
applicable\]]{.underline} be made under this contract pending each
interim evaluation. If applicable, provisional award fee payments will
be made to the Contractor on a [\[insert the frequency of provisional
payments (not more often than monthly)\]]{.underline} basis. The amount
of award fee which will be provisionally paid in each evaluation period
is limited to \[Insert a percent not to exceed 80 percent\] of the prior
interim evaluation score (see [\[insert applicable cite\]]{.underline}).
Provisional award fee payments made each evaluation period will be
superseded by the interim award fee evaluation for that period. If
provisional payments made exceed the interim evaluation score, the
Contractor will either credit the next payment voucher for the amount of
such overpayment or refund the difference to the Government, as directed
by the Contracting Officer. If the Government determines that (i) the
total amount of provisional fee payments will apparently
[substantially]{.underline} exceed the anticipated final evaluation
score, or (ii) the prior interim evaluation is \"poor/unsatisfactory,\"
the Contracting Officer will direct the suspension or reduction of the
future payments and/or request a prompt refund of excess payments as
appropriate. Written notification of the determination will be provided
to the Contractor with a copy to the Deputy Chief Financial Officer
(Finance).

\(4\) All interim (and provisional, if applicable) fee payments will be
superseded by the fee determination made in the final award fee
evaluation. 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 (and
provisional, if applicable) fee payments. If the final award fee
evaluation is \"poor/unsatisfactory\", any base fee paid will be
refunded to the Government.

\(5\) Payment of base fee, if applicable, will be made based on
submission of an invoice by the Contractor. Payment of award fee will be
made by the [\[insert payment office\]]{.underline} based on [\[Insert
method of making award fee payment, e.g., issuance of a unilateral
modification by the Contracting Officer\]]{.underline}.

\(d\) Award fee determinations are unilateral decisions made solely at
the discretion of the

Government.

\*\[A period of time greater or lesser than 6 months may be substituted
in accordance with 1816.405-272(a).\]

**(End of clause)**

**1852.216-78  Firm Fixed Price.**

As prescribed in 1816.202-70, insert the following clause:

**FIRM FIXED PRICE**

**(DECEMBER 1988)**

The total firm fixed price of this contract is \$\[Insert the
appropriate amount\].

**(End of clause)**

**1852.216-80 Task Ordering Procedure.**

As prescribed in 1816.506-70, insert the following clause:

**TASK ORDERING PROCEDURE**

**(October 1996)**

\(a\) Only the Contracting Officer may issue task orders to the
Contractor, providing specific authorization or direction to perform
work within the scope of the contract and as specified in the schedule.
The Contractor may incur costs under this contract in performance of
task orders and task order modifications issued in accordance with this
clause. No other costs are authorized unless otherwise specified in the
contract or expressly authorized by the Contracting Officer.

\(b\) Prior to issuing a task order, the Contracting Officer shall
provide the Contractor with the following data:

\(1\) A functional description of the work identifying the objectives or
results desired from the contemplated task order.

\(2\) Proposed performance standards to be used as criteria for
determining whether the work requirements have been met.

\(3\) A request for a task plan from the Contractor to include the
technical approach, period of performance, appropriate cost information,
and any other information required to determine the reasonableness of
the Contractor\'s proposal.

\(c\) Within \_\_\_\_ calendar days after receipt of the Contracting
Officer\'s request, the Contractor shall submit a task plan conforming
to the request.

\(d\) After review and any necessary discussions, the Contracting
Officer may issue a task order to the Contractor containing, as a
minimum, the following:

\(1\) Date of the order.

\(2\) Contract number and order number.

\(3\) Functional description of the work identifying the objectives or
results desired from the task order, including special instructions or
other information necessary for performance of the task.

\(4\) Performance standards, and where appropriate, quality assurance
standards.

\(5\) Maximum dollar amount authorized (cost and fee or price). This
includes allocation of award fee among award fee periods, if applicable.

\(6\) Any other resources (travel, materials, equipment, facilities,
etc.) authorized.

\(7\) Delivery/performance schedule including start and end dates.

\(8\) If contract funding is by individual task order, accounting and
appropriation data.

\(e\) The Contractor shall provide acknowledgment of receipt to the
Contracting Officer within \_\_\_\_ calendar days after receipt of the
task order.

\(f\) If time constraints do not permit issuance of a fully defined task
order in accordance with the procedures described in paragraphs (a)
through (d), a task order which includes a ceiling price may be issued.

\(g\) The Contracting Officer may amend tasks in the same manner in
which they were issued.

\(h\) In the event of a conflict between the requirements of the task
order and the Contractor\'s approved task plan, the task order shall
prevail.

**(End of clause)**

**ALTERNATE I**

**(October 1996)**

As prescribed in 1816.506-70, insert the following paragraph (i) if the
contract does not include 533M reporting:

\(i\) Contractor shall submit monthly task order progress reports. As a
minimum, the reports shall contain the following information:

\(1\) Contract number, task order number, and date of the order.

\(2\) Task ceiling price.

\(3\) Cost and hours incurred to date for each issued task.

\(4\) Costs and hours estimated to complete each issued task.

\(5\) Significant issues/problems associated with a task.

\(6\) Cost summary of the status of all tasks issued under the contract.

**1852.216-81  Estimated Cost.**

As prescribed in 1816.307-70(d), insert the following clause:

**ESTIMATED COST**

**(DECEMBER 1988)**

The total estimated cost for complete performance of this contract is
\$\[Insert total estimated cost of the contract\]. See FAR clause
[**52.216-11**](http://www.arnet.gov/far/current/html/52_216.html#1046683),
Cost Contract\--No Fee, of this contract.

**(End of clause)**

**1852.216-83 Fixed Price Incentive.**

As prescribed in 1816.406-70(c), insert the following clause:

**FIXED PRICE INCENTIVE**

**(October 1996)**

The target cost of this contract is \$[      ]{.underline}. The Target
profit of this contract is \$[      ]{.underline}. The target price
(target cost plus target profit) of this contract is \$[    
 ]{.underline}. \[The ceiling price is \$ [     ]{.underline}.\]

The cost sharing for target cost underruns is:

Government \_\_\_\_percent Contractor \_\_\_\_percent.

The cost sharing for target cost overruns is:

Government \_\_\_\_percent Contractor \_\_\_\_percent.

**(End of clause)**

**1852.216-84 Estimated Cost and** **Incentive Fee.**

As prescribed in 1816.406-70(d), insert the following clause:

**ESTIMATED COST AND** **INCENTIVE FEE**

**(October 1996)**

The target cost of this contract is \$[     ]{.underline}. The target
fee of this contract is \$[     ]{.underline}. The total target cost and
target fee as contemplated by the Incentive Fee clause of this contract
are \$[     ]{.underline}.

The maximum fee is \$\_\_\_\_.

The minimum fee is \$\_\_\_\_.

The cost sharing for cost underruns is:

Government \_\_\_\_percent Contractor \_\_\_\_percent.

The cost sharing for cost overruns is:

Government \_\_\_\_percent Contractor \_\_\_\_percent.

**(End of clause)**

**1852.216-85 Estimated Cost and Award** **Fee.**

As prescribed in 1816.406-70(e), insert the following clause:

**ESTIMATED COST AND AWARD FEE**

**(SEPTEMBER 1993)**

The estimated cost of this contract is \$ [     ]{.underline}. The
maximum available award fee, excluding base fee, if any, is \$
[    ]{.underline}. The base fee is \$ . Total estimated cost, base fee,
and maximum award fee are \$[     ]{.underline}.

**(End of clause)**

**ALTERNATE I**

**(SEPTEMBER 1993)**

As prescribed in 1816.406-70(e), insert the following sentence at the
end of the clause:

The maximum positive performance incentive is \$ . The maximum negative
performance incentive is [(1)]{.underline} .

\(1\) For research development hardware contracts, insert \[equal to
total earned award fee (including any base fee)\]. For production
hardware contracts, insert \[\$[total potential award fee amount,
including any base fee)]{.underline}\].

**(End of clause)**

**1852.216-87 Submission of Vouchers for Payment**

As prescribed in 1816.307-70(e), insert the following clause:

**SUBMISSION OF VOUCHERS FOR PAYMENT**

**(MARCH 1998)**

\(a\) The designated billing office for cost vouchers for purposes of
the Prompt Payment clause of this contract is indicated below. Public
vouchers for payment of costs shall include a reference to the number of
this contract.

\(b\) (1) If the contractor is authorized to submit interim cost
vouchers directly to the NASA paying office, the original voucher should
be submitted to:

\[Insert the mailing address for submission of cost vouchers\]

\(2\) For any period that the Defense Contract Audit Agency has
authorized the Contractor to submit interim cost vouchers directly to
the Government paying office, interim vouchers are not required to be
sent to the Auditor, and are considered to be provisionally approved for
payment, subject to final audit.

\(3\) Copies of vouchers should be submitted as directed by the
Contracting Officer.

\(c\) If the contractor is not authorized to submit interim cost
vouchers directly to the paying office as described in paragraph (b),
the contractor shall prepare and submit vouchers as follows:

\(1\) One original Standard Form (SF) 1034, SF 1035, or equivalent
Contractor's attachment to:

\[Insert the appropriate NASA or DCAA mailing office address for
submission of cost vouchers\]

\(2\) Five copies of SF 1034, SF 1035A, or equivalent Contractor's
attachment to the following offices by insertion in the memorandum block
of their names and addresses:

\(i\) Copy 1 NASA Contracting Officer

\(ii\) Copy 2 Auditor

\(iii\) Copy 3 Contractor

\(iv\) Copy 4 Contract administration office; and

\(v\) Copy 5 Project management office.

\(3\) The Contracting Officer may designate other recipients as
required.

\(d\) Public vouchers for payment of fee shall be prepared similarly to
the procedures in paragraphs (b)or (c) of this clause, whichever is
applicable, and be forwarded to:

\[insert the mailing address for submission of fee vouchers\]

This is the designated billing office for fee vouchers for purposes of
the Prompt Payment clause of this contract.

\(e\) In the event that amounts are withheld from payment in accordance
with provisions of this contract, a separate voucher for the amount
withheld will be required before payment for that amount may be made.

**(End of clause)**

**1852.216-88 Performance Incentive.**

As prescribed in 1816.406-70(f), insert the following clause:

**PERFORMANCE INCENTIVE**

**(JANUARY 1997)**

\(a\) A performance incentive applies to the following hardware item(s)
delivered under this contract: **(1)**

The performance incentive will measure the performance of those items
against the salient hardware performance requirement, called \"unit(s)
of measurement,\" e.g., months in service or amount of data transmitted,
identified below. The performance incentive becomes effective when the
hardware is put into service. It includes a standard performance level,
a positive incentive, and a negative incentive, which are described in
this clause.

\(b\) **Standard performance level**. At the standard performance level,
the Contractor has met the contract requirement for the unit of
measurement. Neither positive nor negative incentives apply when this
level is achieved but not exceeded. The standard performance level for
**(1)** is established as follows: **(2)**

\(c\) **Positive incentive.** The Contractor earns a separate positive
incentive amount for each hardware item listed in paragraph (a) of this
clause when the standard performance level for that item is exceeded.
The amount earned for each item varies with the units of measurement
achieved, up to a maximum positive performance incentive amount of \$
**(3)** per item. The units of measurement and the incentive amounts
associated with achieving each unit are shown below: **(4)**

\(d\) **Negative incentive.** The Contractor will pay to the Government
a negative incentive amount for each hardware item that fails to achieve
the standard performance level. The amount to be paid for each item
varies with the units of measurement achieved, up to the maximum
negative incentive amount of \$ **(5)** . The units of measurement and
the incentive amounts associated with achieving each unit are shown
below: **(6)**

\(e\) The final calculation of positive or negative performance
incentive amounts shall be done when performance (as defined by the unit
of measurement) ceases or when the maximum positive incentive is
reached.

\(1\) When the Contracting Officer determines that the performance level
achieved fell below the standard performance level, the Contractor will
either pay the amount due the Government or credit the next payment
voucher for the amount due, as directed by the Contracting Officer.

\(2\) When the performance level exceeds the standard level, the
Contractor may request payment of the incentive amount associated with a
given level of performance, provided that such payments shall not be
more frequent than monthly. When performance ceases or the maximum
positive incentive is reached, the Government shall calculate the final
performance incentive earned and unpaid and promptly remit it to the
contractor.

\(f\) If performance cannot be demonstrated, through no fault of the
Contractor, within [\[insert number of months or years\]]{.underline}
after the date of hardware acceptance by the Government, the Contractor
will be paid [\[insert percentage\]]{.underline} of the maximum
performance incentive.

\(g\) The decisions made as to the amount(s) of positive or negative
incentives are subject to the Disputes clause.

**(1)** Insert applicable item number(s) and/or nomenclature.

**(2)** Insert a specific unit of measurement for each hardware item
listed in (1) and each salient characteristic, if more than one.

**(3)** Insert the maximum positive performance incentive amount (see
1816.402-270(e)(1) and (2)).

**(4)** Insert all units of measurement and associated dollar amounts up
to the maximum performance incentive.

**(5)** Insert the appropriate amount in accordance with
1816.402-270(e).

**(6)** Insert all units of measurement and associated dollar amounts up
to the maximum negative performance incentive.

**(End of clause)**

**1852.216-89 Assignment and Release Forms.**

As prescribed in 1816.307-70(f), insert the following clause:

**ASSIGNMENT AND RELEASE FORMS**

**(JULY 1997)**

The Contractor shall use the following forms to fulfill the assignment
and release requirements of FAR clause
[**52.216-7**](http://www.arnet.gov/far/current/html/52_216.html#1046600),
Allowable Cost and Payment, and FAR clause
[**52.216-13**](http://www.arnet.gov/far/current/html/52_216.html#1046697),
Allowable Cost and Payment (Facilities):

NASA Form 778, Contractor's Release;

NASA Form 779, Assignee's Release;

NASA Form 780, Contractor's Assignment of Refunds, Rebates, Credits, and
Other Amounts; and

NASA Form 781, Assignee's Assignment of Refunds, Rebates, Credits, and
Other Amounts.

Computer generated forms are acceptable, provided that they comply with
FAR clause
[**52.253-1**](http://www.arnet.gov/far/current/html/52_248_253.html#1047102),
Computer Generated Forms.

**(End of clause)**