![](media/image1.wmf){width="0.8215277777777777in"
height="0.6868055555555556in"} Procurement Notice

National Aeronautics and

Space Administration

Washington, DC 20546

##  PN 97-105

###  November 2, 2004

**GOVERNMENT PROPERTY AND MISCELLANEOUS EDITORIAL CHANGES**

***BACKGROUND:*** This PN revises the NASA FAR Supplement (NFS) to
resolve a conflict in a Government Property clause and change all
references to NASA Procedures and Guidelines (NPGs) documents to NASA
Procedural Requirements (NPRs) documents. The changes are being made to
insure that the applicable property clause gives consistent direction
and that correct references are made to NASA requirements documents.

***ACQUISITIONS AFECTED BY CHANGES:*** The changes required by this
action are mostly administrative in nature and will only impact existing
contracts that include NFS 1852.245-71, and its Alternate I.

***ACTION REQUIRED BY CONTRACTING OFFICERS:*** None

***CLAUSE CHANGES:*** The conflicting direction provided by clause at
NFS 1852.245-71, and its Alternate I, has been corrected to reflect the
original intent for the clause which was for Alternate I to be
substituted for direction in the basic clause -- not to be additive.
Additionally, all of the documents designated as NASA Procedures and
Guidelines (NPGs) now reflect the title of NASA Procedural Requirements
(NPRs).

***PARTS AFFECTED:*** Changes are made in Part 1852.

***REPLACEMENT PAGES:*** You may use the enclosed pages to replace 52:7,
52:8, 52:8.1, 52:8.2, 52:8.3, 52:30.1, 52:30.2, 52:61, 52:62, 52:73,
52:74, 52:79, 52:80, 52-97, and 52-98 of the NFS.

***TYPE OF RULE AND PUBLICATION DATE:*** The PN was published as a final
rule in the Federal Register (68 FR 63458 - 63460) on November 2, 2004.

***HEADQUARTERS CONTACT:*** Lou Becker, Contract Management Division
(ID010), (202) 358-4593, email: lou.becker@nasa.gov.

James A. Balinskas

Director, Contract Management Division

Enclosures

**DISTRIBUTION:**

**PN List**

**1852.204-76 Security Requirements for Unclassified Information
Technology Resources.**

As prescribed in 1804.470-4, insert a clause substantially as follows:

**SECURITY REQUIREMENTS FOR UNCLASSIFIED**

**INFORMATION TECHNOLOGY RESOURCES**

**(NOVEMBER 2004)**

\(a\) The Contractor shall be responsible for Information Technology
security for all systems connected to a NASA network or operated by the
Contractor for NASA, regardless of location. This clause is applicable
to all or any part of the contract that includes information technology
resources or services in which the Contractor must have physical or
electronic access to NASA's sensitive information contained in
unclassified systems that directly support the mission of the Agency.
This includes information technology, hardware, software, and the
management, operation, maintenance, programming, and system
administration of computer systems, networks, and telecommunications
systems. Examples of tasks that require security provisions include:

\(1\) Computer control of spacecraft, satellites, or aircraft or their
payloads;

\(2\) Acquisition, transmission or analysis of data owned by NASA with
significant replacement cost should the contractor's copy be corrupted;
and

\(3\) Access to NASA networks or computers at a level beyond that
granted the general public, e.g. bypassing a firewall.

\(b\) The Contractor shall provide, implement, and maintain an IT
Security Plan. This plan shall

describe the processes and procedures that will be followed to ensure
appropriate security of IT resources that are developed, processed, or
used under this contract. The plan shall describe those parts of the
contract to which this clause applies. The Contractor's IT Security Plan
shall be compliant with Federal laws that include, but are not limited
to, the Computer Security Act of 1987 (40 U.S.C. 1441 et seq.) and the
Government Information Security Reform Act of 2000. The plan shall meet
IT security requirements in accordance with Federal and NASA policies
and procedures that include, but are not limited to:

\(1\) OMB Circular A-130, Management of Federal Information Resources,
Appendix III,

Security of Federal Automated Information Resources;

\(2\) NASA Procedures and Guidelines (NPR) 2810.1, Security of
Information Technology; and

\(3\) Chapter 3 of NPR 1620.1, NASA Security Procedural Requirements.

\(c\) Within \_\_\_\_days after contract award, the contractor shall
submit for NASA approval an IT Security Plan. This plan must be
consistent with and further detail the approach contained in the
offeror\'s proposal or sealed bid that resulted in the award of this
contract and in compliance with the requirements stated in this clause.
The plan, as approved by the Contracting Officer, shall be incorporated
into the contract as a compliance document.

(d)(1) Contractor personnel requiring privileged access or limited
privileged access to systems operated by the Contractor for NASA or
interconnected to a NASA network shall be screened at an appropriate
level in accordance with NPR 2810.1, Section 4.5; NPR 1620.1, Chapter 3;
and paragraph (d)(2) of this clause. Those Contractor personnel with
non-privileged access do not require personnel screening. NASA shall
provide screening using standard personnel screening National Agency
Check (NAC) forms listed in paragraph (d)(3) of this clause, unless
contractor screening in accordance with paragraph (d)(4) is approved.
The Contractor shall submit the required forms to the NASA Center Chief
of Security (CCS) within fourteen (14) days after contract award or
assignment of an individual to a position requiring screening. The forms
may be obtained from the CCS. At the option of the government, interim
access may be granted pending completion of the NAC.

\(2\) Guidance for selecting the appropriate level of screening is based
on the risk of adverse impact to NASA missions. NASA defines three
levels of risk for which screening is required (IT-1 has the highest
level of risk):

\(i\) **IT-1** \-- Individuals having privileged access or limited
privileged access to systems whose misuse can cause very serious adverse
impact to NASA missions. These systems include, for example, those that
can transmit commands directly modifying the behavior of spacecraft,
satellites or aircraft.

\(ii\) **IT-2 \--** Individuals having privileged access or limited
privileged access to systems whose misuse can cause serious adverse
impact to NASA missions. These systems include, for example, those that
can transmit commands directly modifying the behavior of payloads on
spacecraft, satellites or aircraft; and those that contain the primary
copy of "level 1" data whose cost to replace exceeds one million
dollars.

\(iii\) **IT-3 \--** Individuals having privileged access or limited
privileged access to systems whose misuse can cause significant adverse
impact to NASA missions. These systems include, for example, those that
interconnect with a NASA network in a way that exceeds access by the
general public, such as bypassing firewalls; and systems operated by the
contractor for NASA whose function or data has substantial cost to
replace, even if these systems are not interconnected with a NASA
network.

\(3\) Screening for individuals shall employ forms appropriate for the
level of risk as follows:

\(i\) IT-1: Fingerprint Card (FC) 258 and Standard Form (SF) 85P,
Questionnaire for Public Trust Positions;

> \(ii\) IT-2: FC 258 and SF 85, Questionnaire for Non-Sensitive
> Positions; and

::: Definition-Term
\(iii\) IT-3: NASA Form 531, Name Check, and FC 258.
:::

::: Definition-Term
\(4\) The Contracting Officer may allow the Contractor to conduct its
own screening of individuals requiring privileged access or limited
privileged access provided the Contractor can demonstrate that the
procedures used by the Contractor are equivalent to NASA\'s personnel
screening procedures. As used here, equivalent includes a check for
criminal history, as would be conducted by NASA, and completion of a
questionnaire covering the same information as would be required by
NASA.
:::

\(5\) Screening of contractor personnel may be waived by the Contracting
Officer for those individuals who have proof of \--

::: Definition-Term
\(i\) Current or recent national security clearances (within last three
years);
:::

::: Definition-Term
\(ii\) Screening conducted by NASA within last three years; or
:::

::: Definition-Term
\(iii\) Screening conducted by the Contractor, within last three years,
that is equivalent to the NASA personnel screening procedures as
approved by the Contracting Officer under paragraph (d)(4) of this
clause.
:::

\(e\) The Contractor shall ensure that its employees, in performance of
the contract, receive annual IT security training in NASA IT Security
policies, procedures, computer ethics, and best practices in accordance
with NPR 2810.1, Section 4.3 requirements. The contractor may use
web-based training available from NASA to meet this requirement.

\(f\) The Contractor shall afford NASA, including the Office of
Inspector General, access to the Contractor's and subcontractors'
facilities, installations, operations, documentation, databases and
personnel used in performance of the contract. Access shall be provided
to the extent required to carry out a program of IT inspection,
investigation and audit to safeguard against threats and hazards to the
integrity, availability and confidentiality of NASA data or to the
function of computer systems operated on behalf of NASA, and to preserve
evidence of computer crime.

\(g\) The Contractor shall incorporate the substance of this clause in
all subcontracts that meet the conditions in paragraph (a) of this
clause.

**(End of clause)**

**1852.208-81 Restrictions on Printing and Duplicating.**

As prescribed in 1808.870, insert the following clause:

**RESTRICTIONS ON PRINTING AND DUPLICATING**

**(NOVEMBER 2004)**

\(a\) The Contractor may duplicate or copy any documentation required by
this contract in accordance with the provisions of the Government
Printing and Binding Regulations, No. 26, S. Pub 101-9, U.S. Government
Printing Office, Washington, DC, 20402, published by the Joint Committee
on Printing, U.S. Congress.

\(b\) The Contractor shall not perform, or procure from any commercial
source, any printing in connection with the performance of work under
this contract. The term \"printing\" includes the processes of
composition, platemaking, presswork, duplicating, silk screen processes,
binding, microform, and the end items of such processes and equipment.

\(c\) The Contractor is authorized to duplicate or copy production units
provided the requirement does not exceed 5,000 production units of any
one page or 25,000 units in the aggregate of multiple pages. Such pages
may not exceed a maximum image size of 10-3/4 by 14-1/4 inches. A
\"production unit\" is one sheet, size 8-1/2 x 11 inches (215 x 280 mm),
one side only, and one color ink.

\(d\) This clause does not preclude writing, editing, preparation of
manuscript copy, or preparation of related illustrative material as a
part of this contract, or administrative duplicating/copying (for
example, necessary forms and instructional materials used by the
Contractor to respond to the terms of the contract).

\(e\) Costs associated with printing, duplicating, or copying in excess
of the limits in paragraph (c) of this clause are unallowable without
prior written approval of the Contracting Officer. If the Contractor has
reason to believe that any activity required in fulfillment of the
contract will necessitate any printing or substantial duplicating or
copying, it immediately shall provide written notice to the Contracting
Officer and request approval prior to proceeding with the activity.
Requests will be processed by the Contracting Officer in accordance with
the provisions of the Government Printing and Binding Regulations, NFS
1808.802, and NPR 1490.5, NASA Procedural Requirements for Printing,
Duplicating, and Copying Management.

\(f\) The Contractor shall include in each subcontract which may involve
a requirement for any printing, duplicating, and copying in excess of
the limits specified in paragraph (c) of this clause, a provision
substantially the same as this clause, including this paragraph (f).

**(End of clause)**

**1852.209-70 Product Removal from Qualified Products List.**

As prescribed in 1809.206-71, insert the following clause:

**PRODUCT REMOVAL FROM QUALIFIED PRODUCTS LIST**

**(DECEMBER 1988)**

If, during the performance of this contract, the product being furnished
is removed from the Qualified Products List for any reason, the
Government may terminate the contract for Default pursuant to the
default clause of the contract.

**(End of clause)**

**1852.209-71 Limitation of Future Contracting.**

As prescribed in 1809.507-2, the contracting officer may insert a clause
substantially as follows in solicitations and contracts, in compliance
with [**FAR
9.507-2**](http://www.arnet.gov/far/current/html/Subpart_9_5.html#1046562):

**LIMITATION OF FUTURE CONTRACTING**

**(DECEMBER 1988)**

\(a\) The Contracting Officer has determined that this acquisition may
give rise to a potential organizational conflict of interest.
Accordingly, the attention of prospective offerors is invited to [**FAR
Subpart
9.5**](http://www.arnet.gov/far/current/html/Subpart_9_5.html#1049089)\--Organizational
Conflicts of Interest.

\(b\) The nature of this conflict is \[describe the conflict\].

\(c\) The restrictions upon future contracting are as follows:

\(1\) If the Contractor, under the terms of this contract, or through
the performance of tasks pursuant to this contract, is required to
develop specifications or statements of work that are to be incorporated
into a solicitation, the Contractor shall be ineligible to perform the
work described in that solicitation as a prime or first-tier
subcontractor under an ensuing NASA contract. This restriction shall
remain in effect for a reasonable time, as agreed to by the Contracting
Officer and the Contractor, sufficient to avoid unfair competitive
advantage or potential bias (this time shall in no case be less than the
duration of the initial production contract). NASA shall not
unilaterally require the Contractor to prepare such specifications or
statements of work under this contract.

\(2\) To the extent that the work under this contract requires access to
proprietary, business confidential, or financial data of other
companies, and as long as these data remain proprietary or confidential,
the Contractor shall protect these data from unauthorized use and
disclosure and agrees not to use them to compete with those other
companies.

**(End of clause)**

**1852.209-72 Composition of the Contractor.**

As prescribed in 1809.670, insert the following clause:

**COMPOSITION OF THE CONTRACTOR**

**(DECEMBER 1988)**

If the Contractor is comprised of more than one legal entity, each
entity shall be jointly and severally liable under this contract.

**(End of clause)**

**1852.211-70 Packaging, Handling, and Transportation**

As prescribed in 1811.404-70, insert the following clause:

**PACKAGING, HANDLING, AND TRANSPORTATION**

**(NOVEMBER 2004)**

\(a\) The Contractor shall comply with NPR 6000.1E, \"Requirements for
Packaging, Handling, and Transportation for Aeronautical and Space
Systems, Equipment, and Associated Components\", dated April 26, 1999,
as may be supplemented by the statement of work or specifications of
this contract, for all items designated as Class I, II, or III.

\(b\) The Contractor\'s packaging, handling, and transportation
procedures may be used, in whole or in part, subject to the written
approval of the Contracting Officer, provided (1) the Contractor\'s
procedures are not in conflict with any requirements of this contract,
and (2) the requirements of this contract shall take precedence in the
event of any conflict with the Contractor\'s procedures.

\(c\) The Contractor must place the requirements of this clause in all
subcontracts for items that will become components of deliverable Class
I, II, or III items.

**(End of clause)**

\(b\) The Contractor shall take all reasonable safety and occupational
health measures consistent with standard industry practice in performing
this contract. The Contractor shall comply with all Federal, State, and
local laws applicable to safety and occupational health and with the
safety and occupational health standards, specifications, reporting
requirements, and any other relevant requirements of this contract.

\(c\) The Contractor shall take, or cause to be taken, any other safety,
and occupational health measures the Contracting Officer may reasonably
direct. To the extent that the Contractor may be entitled to an
equitable adjustment for those measures under the terms and conditions
of this contract, the equitable adjustment shall be determined pursuant
to the procedures of the Changes clause of this contract; provided, that
no adjustment shall be made under this Safety and Health clause for any
change for which an equitable adjustment is expressly provided under any
other clause of the contract.

\(d\) The Contracting Officer may notify the Contractor in writing of
any noncompliance with this clause and specify corrective actions to be
taken. In situations where the Contracting Officer becomes aware of
noncompliance that may pose a serious or imminent danger to safety and
health of the public, astronauts and pilots, the NASA workforce
(including Contractor employees working on NASA contracts), or high
value mission critical equipment or property, the Contracting Officer
shall notify the Contractor orally, with written confirmation. The
Contractor shall promptly take and report any necessary corrective
action. The Government may pursue appropriate remedies in the event the
Contractor fails to promptly take the necessary corrective action.

\(e\) The Contractor (or subcontractor or supplier) shall insert the
substance of this clause, including this paragraph (e) and any
applicable Schedule provisions, with appropriate changes of designations
of the parties, in subcontracts of every tier that exceed the
micro-purchase threshold.

**(End of clause)**

**1852.223-73  Safety and Health Plan.**

As prescribed in 1823.7001(c), insert the following provision:

**SAFETY AND HEALTH PLAN**

**(NOVEMBER 2004)**

\(a\) The offeror shall submit a detailed safety and occupational health
plan as part of its proposal

(see NPR 8715.3, NASA Safety Manual, Appendices). The plan shall 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.

\(b\) When applicable, the plan shall address the policies, procedures,
and techniques that will be used to ensure the safety and occupational
health of the public, astronauts and pilots, the NASA workforce
(including Contractor employees working on NASA contracts), and
high-value equipment and property.

\(c\) The plan shall similarly address subcontractor employee safety and
occupational health for those proposed subcontracts that contain one or
more of the following conditions:

\(1\) The work will be conducted completely or partly on premises owned
or controlled by the

government.

\(2\) The work includes construction, alteration, or repair of
facilities in excess of the

simplified acquisition threshold.

\(3\) The work, regardless of place of performance, involves hazards
that could endanger the

public, astronauts and pilots, the NASA workforce (including Contractor
employees working on NASA contracts), or high value equipment or
property, and the hazards are not adequately addressed by Occupational
Safety and Health Administration (OSHA) or Department of Transportation
(DOT) regulations (if applicable).

\(4\) When the assessed risk and consequences of a failure to properly
manage and control the

hazards warrants use of the clause.

\(d\) This plan, as approved by the Contracting Officer, will be
included in any resulting contract.

**(End of provision)**

**ALTERNATE I**

**(NOVEMBER 2004)**

As prescribed in 1823.7001(c), delete the first sentence in paragraph
(a) 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 NPR 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 1823.570-2, 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.

**1852.235-71 Key Personnel and Facilities.**

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

**KEY PERSONNEL AND FACILITIES**

**(MARCH 1989)**

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

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

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

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

**(End of clause)**

**1852.235-72 Instructions for Responding to NASA Research
Announcements.**

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

**INSTRUCTIONS FOR RESPONDING TO NASA RESEARCH ANNOUNCEMENTS**

**(NOVEMBER 2004)**

\(a\) **General.**

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

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

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

\(4\) A contract, grant, cooperative agree­ment, or other agreement may
be used to accomplish an effort funded in response to an NRA. ­NASA will
determine the appropriate award instrument. Contracts resulting from
NRAs are subject to the Federal Acquisition Regulation and the NASA FAR
Supplement. Any resultant grants or cooperative agreements will be
awarded and administered in accor­dance with the NASA Grant and
Coopera­tive Agreement Handbook (NPR 5800.1).

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

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

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

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

\(1\) **Transmittal Letter or Prefatory** **Materi­al.**

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

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

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

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

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

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

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

\(viii\) Date of submission; and

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

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

**Notice**

**Restriction on Use and Disclosure** **of Proposal Information**

The information (data) contained in \[[insert page numbers or other
identification]{.underline}\] of this proposal constitutes a trade
secret and/or information that is commercial or financial and
confidential or privileged. It is furnished to the Government in
confi­dence with the understanding that it will not, without permission
of the offeror, be used or disclosed other than for evaluation

Contractor\'s on-site personnel work during a holiday other than those
in paragraph (a) of this clause, no form of holiday or other premium
compensation shall be reimbursed as either a direct or indirect cost.
However, this does not preclude reimbursement for authorized overtime
work that would have been overtime regardless of the status of the day
as a holiday.

\(d\) The Contractor shall place identical requirements, including this
paragraph, in all subcontracts that require performance of work on-site,
unless otherwise instructed by the Contracting Officer.

**ALTERNATE II**

**(OCTOBER 2000)**

As prescribed in 1842.7001(c), add the following as paragraphs (e) and
(f) if Alternate I is used, or as paragraphs (c) and (d) if Alternate I
is not used. If added as paragraphs (c) and (d), amend the first
sentence of paragraph (d) by deleting \"(e)\" and adding \"(c)\" in its
place.

\(e\) When the NASA installation grants administrative leave to its
Government employees (e.g., as a result of inclement weather,
potentially hazardous conditions, or other special circumstances),
Contractor personnel working on-site should also be dismissed. However,
the contractor shall provide sufficient on-site personnel to perform
round-the-clock requirements of critical work already in process, unless
otherwise instructed by the Contracting Officer or authorized
representative.

\(f\) Whenever administrative leave is granted to Contractor personnel
pursuant to paragraph (e) of this clause, it shall be without loss to
the Contractor. The cost of salaries and wages to the Contractor for the
period of any such excused absence shall be a reimbursable item of cost
under this contract for employees in accordance with the Contractor\'s
established accounting policy.

**1852.242-73 NASA Contractor Financial Management Reporting.**

As prescribed in 1842.7202, insert the following clause:

**NASA CONTRACTOR FINANCIAL MANAGEMENT REPORTING**

**(NOVEMBER 2004)**

\(a\) The Contractor shall submit NASA Contractor Financial Management
Reports on NASA Forms 533 in accordance with the instructions in NASA
Procedures and Guidelines (NPR) 9501.2, NASA Contractor Financial
Management Reporting, and on the reverse side of the forms, as
supplemented in the Schedule of this contract. The detailed reporting
categories to be used, which shall correlate with technical and schedule
reporting, shall be set forth in the Schedule. Contractor implementation
of reporting requirements under this clause shall include NASA approval
of the definitions of the content of each reporting category and give
due regard to the Contractor\'s established financial management
information system.

\(b\) Lower level detail used by the Contractor for its own management
purposes to validate information provided to NASA shall be compatible
with NASA requirements.

\(c\) Reports shall be submitted in the number of copies, at the time,
and in the manner set forth in the Schedule or as designated in writing
by the Contracting Officer. Upon completion and acceptance by NASA of
all contract line items, the Contracting Officer may direct the
Contractor to submit Form 533 reports on a quarterly basis only, report
only when changes in actual cost occur, or suspend reporting altogether.

\(d\) The Contractor shall ensure that its Form 533 reports include
accurate subcontractor cost data, in the proper reporting categories,
for the reporting period.

\(e\) If during the performance of this contract NASA requires a change
in the information or reporting requirements specified in the Schedule,
or as provided for in paragraph (a) or (c) of this clause, the
Contracting Officer shall effect that change in accordance with the
Changes clause of this contract.

**(End of clause)**

**1852.242-74 Notice of Earned Value Management System.**

As prescribed in 1842.7402(a)(1), insert the following provision:

**NOTICE OF EARNED VALUE MANAGEMENT SYSTEM**

**(MARCH 1999)**

\(a\) The offeror shall provide documentation that the cognizant
Administrative Contracting Officer (ACO) has recognized that:

\(1\) The proposed earned value management system (EVMS) complies with
the EVMS criteria of NASA Policy Directive (NPD) 9501.3, Earned Value
Management, or DoD 5000.2-R, Mandatory Procedures for Major Defense
Acquisition Programs and Major Automated Information Systems Acquisition
Programs; or

\(2\) The company EVM system conforms with the full intentions of the
guidelines presented in ANSI/EIA Standard 748, Industry Guidelines for
Earned Value Management Systems.

\(b\) If the offeror proposes to use a system that does not meet the
requirements of paragraph (a) of this provision, the successful offeror
shall submit a plan for compliance with the NASA EVM criteria as
described in NPD 9501.3.

\(1\) The plan shall \--

> \(i\) Describe the EVMS the offeror intends to use in performance of
> the contract;
>
> \(ii\) Distinguish between the offeror's existing management system
> and modifications proposed to meet the criteria;
>
> \(iii\) Describe the management system and its application in terms of
> the criteria;
>
> \(iv\) Describe the proposed procedure for administration of the
> criteria as applied to subcontractors; and
>
> \(v\) Provide documentation describing the process and results of any
> third-party or self-evaluation of the system's compliance with EVMS
> criteria.

\(2\) The Government will review the offeror's plan for EVMS before
contract award. The offeror shall provide information and assistance as
required by the Contracting Officer to support review of the plan.

\(c\) Offerors shall identify in their proposals the major
subcontractors, or major subcontracted efforts if major subcontractors
have not been selected, planned for application of EVMS. The prime
contractor and the Government shall agree to subcontractors selected for
application of EVMS.

**(End of provision)**

**1852.242-75 Earned Value Management Systems.**

As prescribed at 1842.7402(a)(2), insert the following clause:

**EARNED VALUE MANAGEMENT SYSTEM**

**(MARCH 1999)**

\(a\) In the performance of this contract, the Contractor shall use:

**1852.245-70 Contractor Requests for Government-Owned Equipment.**

As prescribed in 1845.106-70(a), insert the following clause:

**CONTRACTOR REQUESTS FOR GOVERNMENT-OWNED EQUIPMENT**

**(JULY 1997)**

\(a\) **"Equipment,"** as used in this clause, means commercially
available items capable of stand-alone use, including those to be
acquired for incorporation into special test equipment or special
tooling.

(b)(1) Upon determination of need for any Government-owned equipment
item for performance of this contract, the contractor shall provide to
the contracting officer a written request justifying the need for the
equipment and the reasons why contractor-owned property cannot be used,
citing the applicable FAR or contract authority for use of
Government-owned equipment. Equipment being acquired as a deliverable
end item listed in the contract or as a component for incorporation into
a deliverable end item listed in the contract is exempt from this
requirement.

\(2\) The contractor's request shall include a description of the item
in sufficient detail to enable the Government to screen its inventories
for available equipment or to purchase equipment. For this purpose, the
contractor shall (i) prepare a separate DD Form 1419, DOD Industrial
Plant Equipment Requisition, or equivalent format, for each item
requested and (ii) forward it through the contracting officer to the
Industrial Property Officer at the cognizant NASA installation at least
30 days in advance of the date the contractor intends to acquire the
item. Multiple units of identical items may be requested on a single
form. Instructions for preparing the DD Form 1419 are contained in NASA
FAR Supplement 1845.7102. If a certificate of nonavailability is not
received within that period, the contractor may proceed to acquire the
item, subject to having obtained contracting officer consent, if
required, and having complied with any other applicable provisions of
this contract.

\(c\) Contractors who are authorized to conduct their own screening
using the NASA Equipment Management System (NEMS) and other Government
sources of excess property shall provide the evidence of screening
results with their request for contracting officer consent. Requests to
purchase based on unsuitability of items found shall include rationale
for the determined unsuitability.

**(End of clause)**

**1852.245-71 Installation-Accountable Government Property.**

As prescribed in 1845.106-70(b), insert the following clause:

**INSTALLATION-ACCOUNTABLE GOVERNMENT PROPERTY**

**(NOVEMBER 2004)**

\(a\) The Government property described in the clause at 1852.245-77,
List of Installation-Accountable Property and Services, shall be made
available to the Contractor on a no-charge basis for use in performance
of this contract. This property shall be utilized only within the
physical confines of the NASA installation that provided the property.
Under this clause, the Government retains accountability for, and title
to, the property, and the Contractor assumes the following user
responsibilities:

\[Insert contractor user responsibilities.\]

The contractor shall establish and adhere to a system of written
procedures for compliance with these user responsibilities. Such
procedures must include holding employees liable, when appropriate, for
loss, damage, or destruction of Government property.

(b)(1) The official accountable recordkeeping, physical inventory,
financial control, and reporting of the property subject to this clause
shall be retained by the Government and accomplished by the installation
Supply and Equipment Management Officer (SEMO) and Financial Management
Officer. If this contract provides for the contractor to acquire
property, title to which will vest in the Government, the following
additional procedures apply:

\(i\) The contractor's purchase order shall require the vendor to
deliver the property to the installation central receiving area;

\(ii\) The contractor shall furnish a copy of each purchase order, prior
to delivery by the vendor, to the installation central receiving area:

\(iii\) The contractor shall establish a record of the property as
required by FAR 45.5 and 1845.5 and furnish to the Industrial Property
Officer a DD Form 1149 Requisition and Invoice/Shipping Document (or
installation equivalent) to transfer accountability to the Government
within 5 working days after receipt of the property by the contractor.
The contractor is accountable for all contractor-acquired property until
the property is transferred to the Government's accountability.

\(iv\) Contractor use of Government property at an off-site location and
off-site subcontractor use require advance approval of the contracting
officer and notification of the SEMO. The contractor shall assume
accountability and financial reporting responsibility for such property.
The contractor shall establish records and property control procedures
and maintain the property in accordance with the requirements of FAR
Part 45.5 until its return to the installation.

\(2\) After transfer of accountability to the Government, the contractor
shall continue to maintain such internal records as are necessary to
execute the user responsibilities identified in paragraph (a) and
document the acquisition, billing, and disposition of the property.
These records and supporting documentation shall be made available, upon
request, to the SEMO and any other authorized representatives of the
contracting officer.

**(End of clause)**

**ALTERNATE I**

**(NOVEMBER 2004)**

As prescribed in 1845.106-70(b)(4), substitute the following for
paragraph (b)(1)(i) of the basic clause:

\(i\) The contractor shall not utilize the installation's central
receiving facility for receipt of Contractor-acquired property. However,
the Contractor shall provide listings suitable for establishing
accountable records of all such property received, on a quarterly basis,
to the Contracting Officer and the Supply and Equipment Management
Officer.

**1852.245-72** **Liability for Government** **Property Furnished for
Repair or Other** **Services.**

As prescribed in 1845.106-70(c), insert the following clause:

**LIABILITY FOR GOVERNMENT PROPERTY FURNISHED**

**FOR REPAIR OR OTHER SERVICES**

**(MARCH 1989)**