![](media/image1.wmf){width="0.8243055555555555in"
height="0.6888888888888889in"} Procurement Notice

National Aeronautics and

Space Administration

Washington, DC 20546

##  PN 04-03

###  January 12, 2005

# FINAL SCIENTIFIC AND TECHNICAL REPORTS\--SBIR

# AND STTR CONTRACTS

# *BACKGROUND:* This PN revises the NASA FAR Supplement (NFS) to add an Alternate III to the "Final Scientific and Technical Reports" clause for use in contracts awarded under the Small Business Innovation Research (SBIR) and the Small Business Technology Transfer (STTR) programs. The NASA FAR Supplement at 1835.070(d) requires all research and development contracts to include the clause at 1852.235-73, Final Scientific and Technical Reports. SBIR and STTR contracts are considered R&D contracts and must include the clause at 1852.235-73. This clause provides direction to the contractor regarding its ability to release data first produced or used in performance of the contract. However, the clause currently only addresses the contractor's rights in data as defined in FAR 52.227-14, Rights in Data---General. Contractor rights in data under SBIR and STTR contracts are defined in FAR clause 52.227-20, Rights in Data---SBIR Program. This change adds an Alternate III to 1852.235-73 for use in SBIR and STTR contracts that references FAR 52.227-20 to recognize contractor data rights under SBIR and STTR contracts. This PN also makes an editorial change to section 1832.702-70(f) by changing approval authority from Comptroller to Chief Financial Officer. 

***ACQUISITIONS AFFECTED BY CHANGES:*** All SBIR and STTR contracts.

***ACTION REQUIRED BY CONTRACTING OFFICERS:*** Use Alternate III to
1852.235-73, Final Scientific and Technical Reports in SBIR and STTR
contracts.

***CLAUSE CHANGES:*** This PN adds an Alternate III to 1852.235-73,
Final Scientific and Technical Reports.

***PARTS AFFECTED:*** Changes are made in Parts 1832, 1835, and 1852.

***REPLACEMENT PAGES:*** You may use the enclosed pages to replace 32:5,
32:6, 35:7, 35:8, 52:81, 52:82, 52:83, 52:84, 52:85, 52:86, 52:87,
52:88, 52-119, and 52-120 of the NFS.

***TYPE OF RULE AND PUBLICATION DATE:*** The PN was published as a final
rule in the Federal Register (70 FR 2022) on January 12, 2005.

***CANCELLATION:*** PIC 03-08 is cancelled.

***HEADQUARTERS CONTACT:*** Celeste Dalton, Contract Management Division
(Code ID010); (202) 358-1645; e-mail: Celeste.M.Dalton@nasa.gov.

James A. Balinskas

Director, Contract Management Division

Enclosures

**DISTRIBUTION:**

**PN List**

**1832.501-2 Unusual** **progress** **payments.**

The Director of the Headquarters Office of Procurement, Contract
Management Division (Code HK) is the approval authority for the use of
unusual progress payments.

**1832.502 Preaward** **matters.**

**1832.502-2 Contract** **finance** **office** **clearance.**

The Director of the Headquarters Office of Procurement Contract
Management Division (Code HK) is the approval authority for the actions
at FAR 32.502-2, except the Assistant Administrator for Procurement
(Code HK) is the approval authority for any deviations addressed in FAR
32.502-2(b).

**1832.502-4 Contract clauses.**

**1832.502-470 NASA contract clause.**

The contracting officer may insert a clause substantially as stated at
1852.232-82, Submission of Requests for Progress Payments, in
fixed-price solicitations and contracts that provide for progress
payments. The recipient of the requests and number of copies may be
changed as required.

**1832.503 Postaward matters.**

**1832.503-5 Administration of progress payments.**

(c)(i) If the contractor requests it and the contracting officer
approving individual progress payments agrees, the administration of
progress payments may be based on the overall contract agreement. Under
this method, the contractor must include a supporting schedule with each
request for a progress payment. The schedule should identify the costs
applicable to each order.

\(ii\) The contracting officer may treat a group of orders as a single
unit for administration of progress payments if each order in the group
is subject to a uniform liquidation rate and under the jurisdiction of
the same payment office.

**1832.504 Subcontracts.**

\(c\) Unusual progress payments to subcontractors shall be approved in
accordance with 1832.501-2.

**Subpart** **1832.7\--Contract Funding**

**1832.702 Policy.**

**1832.702-70 NASA policy.**

\(a\) Cost-reimbursement contracts may be incrementally funded only if
all the following conditions are met:

\(1\) The total value of the contract (including options as defined in
FAR Subpart 17.2) is\--

\(i\) \$500,000 or more for R&D contracts under which no supplies are
deliverable; or

\(ii\) \$1,000,000 or more for all other contracts.

\(2\) The period of performance exceeds one year.

\(3\) The funds are not available to fund the total contract value fully
at award.

\(4\) Initial funding of the contract is \$100,000 or more.

\(b\) Fixed-price contracts, other than those for research and
development, shall not be incrementally funded.

\(c\) (1) Fixed-price contracts for research and development may be
incrementally funded if the conditions of 1832.702-70(a)(1) through (4)
are met and the initial funding of the contract is at least 50 percent
of the total fixed price.

\(2\) Incrementally funded fixed-price contracts shall be fully funded
as soon as adequate funding becomes available.

\(d\) Except for a modification issued to fully fund a contract,
incremental funding modifications shall not be issued for amounts
totaling less than \$25,000.

\(e\) Except for a modification issued to close out a contract,
modifications deobligating funds shall not be issued for amounts
totaling less than \$25,000.

\(f\) The procurement officer, with the concurrence of the installation
Chief Financial Officer, may waive any of the conditions set forth in
paragraphs 1832.702-70(a) through (e). The procurement officer shall
maintain a record of all such approvals during the fiscal year.

\(g\) A class deviation from the conditions set forth in paragraphs
1832.702-70(a) through (e) exists to permit incremental funding of
contracts under Phase II of the Small Business Innovation Research
(SBIR) and Small Business Technology Transfer (STTR) programs. This
deviation exists with the understanding that the contracts will be fully
funded when funds become available.

**1832.704 Limitation of cost or funds.**

**1832.704-70 Incrementally funded fixed-price contracts.**

\(a\) Upon receipt of the contractor\'s notice under paragraph (c)(1) of
the clause at 1852.232-77, Limitation of Funds (Fixed-Price Contract),
the contracting officer shall promptly provide written notice to the
contractor that the Government is \--

\(1\) Allotting additional funds in a specified amount for continued
performance;

\(2\) Terminating the contract; or

\(3\) Considering whether to allot additional funds; and

\(i\) The contractor is entitled to stop work in accordance with
paragraph (b) of the clause at 1852.232-77, Limitation of Funds; and

\(ii\) Any costs expended beyond the amount specified in paragraph (a)
of the clause at 1852.232-77, Limitation of Funds, are incurred at the
contractor\'s risk.

\(b\) Upon determining that the contract will receive no further funds,
the contracting officer shall promptly give notice of the Government\'s
decision and terminate for the convenience of the Government.

**1832.705 Contract clauses.**

**1832.705-2 Clauses for limitation of cost or funds.**

**1832.705-270 NASA clauses for** **limitation of cost or funds.**

\(2\) Send the offeror a model contract, if necessary, including
modifications con­templated in the offeror\'s statement of work, and
request agreement or identifica­tion of any exceptions (the contract
state­ment of work may summarize the proposed research, state that the
research shall be conducted in accordance with certain tech­nical
sections of the proposal (which shall be identified by incorporating
them into the contract by reference), and identify any changes to the
proposed research);

\(3\) Request the offeror to complete and return certifications and
representations and Standard Form 33, Solicitation, Offer, and Award, or
other appropriate forms. If FAR 52.219-9, Small Business Subcontracting
Plan, is required for the resultant contract, request the offeror to
provide a subcontracting plan;

\(4\) Conduct negotiations in accordance with FAR Subparts 15.3 and
15.4, as appli­cable;

\(5\) Award a contract; and

\(6\) Comply with FAR Subparts 4.6 and 5.3 on contract reporting and
synopses of contract awards.

\(f\) *Cancellation of an NRA.* When pro­gram changes, program funding,
or any other reasons require can­cellation of an NRA, the offi­ce issuing
the NRA shall notify potential offerors by using the mail­ing list for
the NRA.

1835.016-72 Foreign participation in NRA proposals.

Foreign proposals or U.S. proposals with foreign participation shall be
treated in accordance with 1835.016-70. Additional guidelines applicable
to foreign proposers are contained in the provision at 1852.235-72,
Instructions for Responding to NASA Research Announcements.

**1835.070** **NASA** **contract** **clauses and** **solic­itation
provision.**

\(a\) The contracting officer shall insert the clause at 1852.235-70,
Center for AeroSpace Information, in all research and development
contracts**,** and interagency agreements and cost-reim­bursement supply
contracts involving re­search and development work.

\(b\) The contracting officer shall insert the clause at 1852.235-71,
Key Personnel and Facilities, in contracts when source selec­tion has
been substantially predicated upon the possession by a given offeror of
special capabilities, as represented by key personnel or facilities.

\(c\) The contracting officer shall ensure that the provision at
1852.235-72, Instructions for Responding to NASA Research Announcements,
is inserted in all NRAs. The instructions may be supplemented, but only
to the minimum extent necessary.

\(d\) The contracting officer shall insert the clause at 1852.235-73,
Final Scientific and Technical Reports, in all research and development
contracts**,** and in interagency agreements and cost-reimbursement
supply contracts involving research and development work.

\(1\) The contracting officer, after consultation with and concurrence
of the program or project

manager and the center Export Control Administrator, shall insert the
clause with its Alternate I when the contract includes "fundamental
research" as defined at 22 CFR 120.11(8) and no prior review of data,
including the final report, produced during the performance of the
contract is required for export control or national security purposes
before the contractor may publish, release, or otherwise disseminate the
data.

\(2\) The contracting officer, after consultation with and concurrence
by the program or project manager and where necessary the center Export
Control Administrator, shall insert the clause with its Alternate II,
when prior review of all data produced during the performance of the
contract is required before the contractor may publish, release, or
otherwise disseminate the data. For example, when data produced during
performance of the contract may be subject to export control, national
security restrictions, or other restrictions designated by NASA; or, to
the extent the contractor receives or is given access to data that
includes restrictive markings, may include proprietary information of
others.

\(3\) Except when Alternate II applies in accordance with paragraph
(d)(2) of this section, the contracting officer shall insert the clause
with its Alternate III in all SBIR and STTR contracts.

\(e\) The contracting officer shall insert a clause substantially the
same as the clause at 1852.235-74, Additional Reports of Work \--
Research and Development, in all research and development contracts**,**
and in interagency agreements and cost-reim­bursement supply contracts
involving research and development work, when periodic reports, such as
monthly or quarterly reports, or reports on the completion of
significant units or phases of work are required for monitoring contract
performance. The clause should be modified to reflect the reporting
requirements of the contract and to indicate the timeframe for
submission of the final report.

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

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

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

\(k\) **Selection for Award.**

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

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

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

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

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

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

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

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

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

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

**(End of provision)**

**1852.235-73 Final Scientific and Technical Reports**.

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

**Final Scientific and Technical Reports**

**(JANUARY 2005)**

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

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

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

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

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

Center for AeroSpace Information (CASI)

> Attn: Acquisitions Collections Development Specialist

7121 Standard Drive

Hanover, Maryland 21076-1320

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

**(End of clause)**

**Alternate I**

**(FEBRUARY 2003)**

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

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

## 

## Alternate II

**(FEBRUARY 2003)**

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

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

**(End of clause)**

# ALTERNATE III

# (JANUARY 2005)

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

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

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

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

## ADDITIONAL REPORTS OF WORK \-- RESEARCH AND DEVELOPMENT

**(FEBRUARY 2003)**

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

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

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

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

**(End of clause)**

1852.236-71 Additive or Deductive Items.

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

**ADDITIVE OR DEDUCTIVE ITEMS**

**(MARCH 1989)**

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

\(b\) An example for one bid is an amount available of \$100,000, a
bidder\'s base bid of \$85,000, and four successive additives of
\$10,000, \$8,000, \$6,000, and \$4,000. In this example, the aggregate
amount of the bid for purposes of award would be \$99,000 for the base
bid plus the first and fourth additives, the second and third additives
being skipped because either of them would cause the aggregate bid to
exceed \$100,000.

\(c\) All bids shall be evaluated on the basis of the same additive or
deductive bid items. The listed order of priority must be followed only
for determining the low bidder. After determination of the low bidder,
award in the best interests of the Government may be made to that bidder
on its base bid and any combination of its additive or deductive bid
items for which funds are determined to be available at the time of the
award, provided that award of the combination of bid items does not
exceed the amount offered by any other conforming responsible bidder for
the same combination of bid items.

**(End of provision)**

**1852.236-72 Bids with Unit Prices.**

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

**BIDS WITH UNIT PRICES**

**(MARCH 1989)**

\(a\) All extensions of the unit prices bid will be subject to
verification by the Government. If there is variation between the unit
price and any extended amounts, the unit price will be considered to be
the bid.

\(b\) If a modification to a bid based on unit prices that provides for
a lump-sum adjustment to the total estimated cost is submitted, the
application of the lump sum adjustment to each unit

price in the bid must be stated. If it is not stated, the lump-sum
adjustment shall be applied on a pro rata basis to every unit price in
the bid.

**(End of provision)**

**1852.236-73 Hurricane Plan.**

As prescribed in 1836.570(c), insert the following clause:

**HURRICANE PLAN**

**(DECEMBER 1988)**

In the event of a hurricane warning, the Contractor shall\--

\(a\) Inspect the area and place all materials possible in a protected
location;

\(b\) Tie down, or identify and store, all outside equipment and
materials;

\(c\) Clear all surrounding areas and roofs of buildings, or tie down
loose material, equipment, debris, and any other objects that could
otherwise be blown away or blown against existing buildings; and

\(d\) Ensure that temporary erosion controls are adequate.

**(End of clause)**

**1852.236-74 Magnitude of Requirement.**

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

**MAGNITUDE OF REQUIREMENT**

**(DECEMBER 1988)**

The Government estimated price range of this project is between \$ and
\$ . \[Insert the estimated dollar range.\]

**(End of provision)**

**1852.236-75 Partnering for Construction Contracts.**

As prescribed in 1836.7004, insert the following clause:

**PARTNERING FOR CONSTRUCTION CONTRACTS**

**(AUGUST 1998)**

\(a\) The terms **"partnering"** and **"partnership"** used herein shall
mean a relationship of open communication and close cooperation that
involves both Government and Contractor personnel working together for
the purpose of establishing a mutually beneficial, proactive,
cooperative environment within which to achieve contract objectives and
resolve issues and implementing actions as required.

\(b\) Partnering will be a voluntary commitment mutually agreed upon by
at least NASA and the prime contractor, and preferably the
subcontractors and the A&E design contractor, if applicable. Sustained
commitment to the process is essential to assure success of the
relationship.

\(c\) NASA intends to facilitate contract management by encouraging the
foundation of a cohesive partnership with the Contractor, its
subcontractors, the A&E design contractor, and NASA's contract
management staff. This partnership will be structured to draw on the
strengths of each organization to identify and achieve mutual
objectives. The objectives are intended to complete the contract
requirements within budget, on schedule, and in accordance with the
plans and specifications.

\(d\) To implement the partnership, it is anticipated that within 30
days of the Notice to Proceed the prime Contractor's key personnel, its
subcontractors, the A&E design contractor, and NASA personnel will
attend a partnership development and team building workshop. Follow-up
team building workshops will be held periodically throughout the
duration of the contract as agreed to by the Government and the
Contractor.

\(e\) Any cost with effectuating the partnership will be agreed to in
advance by both parties and will be shared with no change in the
contract price. The contractor**'**s share of the costs are not
recoverable under any other Government award.

**(End of clause)**

**1852.237-70 Emergency Evacuation Procedures.**

As prescribed at 1837.110-70(a), insert the following clause:

**EMERGENCY EVACUATION PROCEDURES**

**(DECEMBER 1988)**

The contractor shall assure that its personnel at Government facilities
are familiar with the functions of the Government\'s emergency
evacuation procedures. If requested by the Contracting Officer, the
Contractor shall designate an individual or individuals as contact
points to provide for efficient and rapid evacuation of the facility if
and when required.

**(End of clause)**

**1852.237-71 Pension Portability.**

As prescribed at 1837.110-70(b), insert the following clause:

**PENSION PORTABILITY**

**(JANUARY 1997)**

\(a\) In order for pension costs attributable to employees assigned to
this contract to be allowable costs under this contract, the plans
covering such employees must:

\(1\) Comply with all applicable Government laws and regulations;

\(2\) Be a defined contribution plan, or a multiparty defined benefit
plan operated under a collective bargaining agreement. In either case,
the plan must be portable, i.e., the plan follows the employee, not the
employer;

\(3\) Provide for 100 percent employee vesting at the earlier of one
year of continuous employee service or contract termination; and

\(4\) Not be modified, terminated, or a new plan adopted without the
prior written approval of the cognizant NASA Contracting Officer.

\(b\) The Contractor shall include paragraph (a) of this clause in
subcontracts for continuing services under a service contract if:

\(1\) The prime contract requires pension portability;

\(2\) The subcontracted labor dollars (excluding any burdens or
profit/fee) exceed \$2,500,000 and ten percent of the total prime
contract labor dollars (excluding any burdens or profit/fee); and

\(3\) Either of the following conditions exists:

\(i\) There is a continuing need for the same or similar subcontract
services for a minimum of five years (inclusive of options), and if the
subcontractor changes, a high percentage of the predecessor
subcontractor's employees are expected to remain with the program; or

\(ii\) The employees under a predecessor subcontract were covered by a
portable pension plan, a follow-on subcontract or a subcontract
consolidating existing services is awarded, and the total subcontract
period covered by the plan covers a minimum of five years (including
both the predecessor and successor subcontracts).

**(End of clause)**

**1852.239-70 Alternate Delivery Points.**

As prescribed in 1839.106-70(a)(1), insert the following clause:

**ALTERNATE DELIVERY POINTS**

**(NOVEMBER 1993)**

\(a\) The first priority of this contract is to satisfy the anticipated
requirements of (identify contracting activity). However, should the
actual requirements of (contracting activity) be less than the maximum
quantities/values specified in Section B of this contract, (contracting
activity) may order the remaining available quantities/values to satisfy
the requirements of other installations. The other installations at
which delivery may be required are:

(List installations and their locations)

\(b\) The prices of the deliverables in Section B are F.O.B. destination
to (contracting activity). If delivery to an alternate location is
ordered, an equitable adjustment may be negotiated to recognize any
variances in transportation costs associated with delivery to that
alternate location.

**(End of clause)**

**ALTERNATE I**

**(NOVEMBER 1993)**

As prescribed in 1839.106-70(a)(2), delete paragraph (b) and substitute
the following:

\(b\) The prices of the deliverables in Section B are F.O.B. origin with
delivery to NASA via Government bill of lading (GBL). If delivery to an
alternate location is ordered, the same delivery procedures will be used
and no equitable adjustment to any price, term, or condition of this
contract will be made as a result of such order.

**(End of clause)**

**1852.241-70 Renewal of Contract.**

As prescribed in 1841.501-70, insert the following clause:

**RENEWAL OF CONTRACT**

**(DECEMBER 1988)**

This contract is renewable on an annual basis at the option of the
Government, by the Contracting Officer giving written notice of renewal
to the Contractor at least days before expiration. If the Government
exercises this option for renewal, the contract as renewed shall be
deemed to include this option provision. However, the total duration of
this contract, including the exercise of any options under this clause,
shall not exceed years.

**(End of clause)**