**1852.217-70 Property Administration and Reporting.**

As prescribed in 1817.7004-6 and 1817.7005-3, insert the following
clause:

**PROPERTY ADMINISTRATION AND REPORTING**

**(DECEMBER 2005)**

All property acquired for, and reimbursed by, NASA or transferred by
NASA for use under this NASA-Interagency Purchase Request shall be
controlled and accounted for in accordance with the servicing agency's
normal procedures. All excess items, however, costing \$500 or more and
in condition Code 7 or better (GSA Condition Codes) shall be reported to
the NASA originating office for possible reutilization before
disposition.

**(End of clause)**

**1852.217-71 Phased Acquisition Using Down-Selection Procedures.**

As prescribed in 1817.7302(a), insert the following clause:

**PHASED ACQUISITION USING DOWN-SELECTION PROCEDURES**

**(MAY 2000)**

\(a\) This solicitation is for the acquisition of \_\_\_\_\_\_ \[*insert
Program title*\]. The acquisition will be conducted as a two-phased
procurement using a competitive down-selection technique between phases.
In this technique, two or more contractors will be selected for Phase 1.
It is expected that the single contractor for Phase 2 will be chosen
from among these contractors after a competitive down-selection.

\(b\) Phase 1 is for the \_\_\_\_\_ \[*insert purpose of phase*\]. Phase
2 is for \_\_\_\_\_ \[*insert general Phase 2 goals*\].

\(c\) The competition for Phase 2 will be based on the results of Phase
1, and the award criteria for Phase 2 will include successful completion
of Phase 1 requirements.

\(d\) NASA will issue a separate, formal solicitation for Phase 2 that
will include all information required for preparation of proposals,
including the final evaluation factors.

\(e\) Phase 2 will be synopsized in the Commerce Business Daily (CBD) in
accordance with [**FAR
5.201**](http://www.arnet.gov/far/current/html/Subpart 5_2.html#1107980)
and [**5.203**](http://www.arnet.gov/far/current/html/Subpart 5_2.html)
unless one of the exceptions in [**FAR
5.202**](http://www.arnet.gov/far/current/html/Subpart 5_2.html)
applies. Notwithstanding NASA\'s expectation that only the Phase 1
contractors will be capable of successfully competing for Phase 2, all
proposals will be considered. Any other responsible source may indicate
its desire to submit a proposal by responding to the Phase 2 synopsis,
and NASA will provide that source a solicitation.

\(f\) To be considered for Phase 2 award, offerors must demonstrate a
design maturity equivalent to that of the Phase 1 contractors. This
demonstration shall include the following Phase 1 deliverables upon
which Phase 2 award will be based: \_\_\_\_\_ \[*insert the specific
Phase 1 deliverables*\]. Failure to fully and completely demonstrate the
appropriate level of design maturity may render the proposal
unacceptable with no further consideration for contract award.

\(g\) The following draft Phase 2 evaluation factors are provided for
your information. Please note that these evaluation factors are not
final, and NASA reserves the right to change them at any time up to and
including the date upon which Phase 2 proposals are solicited.

\[*Insert draft Phase 2 evaluation factors (and subfactors, if
available), including demonstration of successful completion of Phase 1
requirements*.\]

\(h\) Although NASA will request Phase 2 proposals from Phase 1
contractors, submission of the Phase 2 proposal is not a requirement of
the Phase 1 contract. Accordingly, the costs of preparing these
proposals shall not be a direct charge to the Phase 1 contract or any
other Government contract.

\(i\) The anticipated schedule for conducting this phased procurement is
provided for your information. These dates are projections only and are
not intended to commit NASA to complete a particular action at a given
time. \[*Insert dates below*\].

Phase 1 award -

Phase 2 synopsis -

Phase 2 proposal requested -

Phase 2 proposal receipt -

Phase 2 award -

**(End of clause)**

**1852.217-72 Phased Acquisition Using Progressive Competition
Down-Selection Procedures.**

As prescribed in 1817.7302(b), insert the following clause:

**PHASED ACQUISITION USING PROGRESSIVE COMPETITION**

**DOWN-SELECTION PROCEDURES**

**(MAY 2000)**

\(a\) This solicitation is for the acquisition of \_\_\_\_\_\_\_\_
\[*insert Program title*\]. The acquisition will be conducted as a
two-phased procurement using a progressive competition down-selection
technique between phases. In this technique, two or more contractors
will be selected for Phase 1. It is expected that the single contractor
for Phase 2 will be chosen from among these contractors after a
competitive down-selection.

\(b\) Phase 1 is for the \_\_\_\_\_\_\_\_ \[*insert purpose of phase*\].
Phase 2 is for \_\_\_\_\_\_\_\_ \[*insert general Phase 2 goals*\].

\(c\) The competition for Phase 2 will be based on the results of Phase
1, and the award criteria for Phase 2 will include successful completion
of Phase 1 requirements.

\(d\) NASA does not intend to issue a separate, formal solicitation for
Phase 2. Instead, Phase 2 proposals will be requested from the Phase 1
contractors by means of \_\_\_\_\_\_\_\_ \[*indicate method of
requesting proposals, e.g., by a letter*\]. All information required for
preparation of Phase 2 proposals, including the final evaluation
criteria and factors, will be provided at that time.

\(e\) Phase 2 will be synopsized in the Commerce Business Daily (CBD) in
accordance with [**FAR
5.201**](http://www.arnet.gov/far/current/html/Subpart 5_2.html) and
[**5.203**](http://www.arnet.gov/far/current/html/Subpart 5_2.html)
unless one of the exceptions in [**FAR
5.202**](http://www.arnet.gov/far/current/html/Subpart 5_2.html)
applies. Notwithstanding NASA\'s expectation that only the Phase 1
contractors will be capable of successfully competing for Phase 2, all
proposals will be considered. Any other responsible source may indicate
its desire to submit a proposal by responding to the Phase 2 synopsis,
and NASA will provide that source all the material furnished to the
Phase 1 contractors necessary to submit a proposal.

\(f\) To be considered for Phase 2 award, offerors must demonstrate a
design maturity equivalent to that of the Phase 1 contractors. This
demonstration shall include the following Phase 1 deliverables upon
which Phase 2 award will be based: \_\_\_\_\_\_\_\_ \[*insert the
specific Phase 1 deliverables*\]. Failure to fully and completely
demonstrate the appropriate level of design maturity may render the
proposal unacceptable with no further consideration for contract award.

\(g\) The following draft Phase 2 evaluation factors are provided for
your information. Please note that these evaluation factors are not
final, and NASA reserves the right to change them at any time up to and
including the date upon which Phase 2 proposals are requested. Any such
changes in evaluation factors will not necessitate issuance of a new,
formal solicitation for Phase 2.

*\[Insert draft Phase 2 evaluation factors (and subfactors, if
available), including demonstration of successful completion of Phase 1
requirements.\]*

\(h\) Although NASA will request Phase 2 proposals from Phase 1
contractors, submission of the Phase 2 proposal is not a requirement of
the Phase 1 contract. Accordingly, the costs of preparing these
proposals shall not be a direct charge to the Phase 1 contract or any
other Government contract.

\(i\) The anticipated schedule for conducting this phased procurement is
provided for your information. These dates are projections only and are
not intended to commit NASA to complete a particular action at a given
time. \[*Insert dates below*\].

Phase 1 award -

Phase 2 synopsis -

Phase 2 proposal requested -

Phase 2 proposal receipt -

Phase 2 award -

**(End of clause)**

**1852.219-73** **Small** **Business** **Subcontracting** **Plan.**

As prescribed in 1819.708-70(a), insert the following provision:

**SMALL BUSINESS SUBCONTRACTING PLAN**

**(MAY 1999)**

\(a\) This provision is not applicable to small business concerns.

\(b\) The contract expected to result from this solicitation will
contain FAR clause
[**52.219-9**](http://www.arnet.gov/far/current/html/52_217_221.html),
\"Small Business Subcontracting Plan.\" The apparent low bidder must
submit the complete plan within \[Insert number of days\] calendar days
after request by the Contracting Officer.

**(End of provision)**

**1852.219-74 Use of Rural Area Small** **Businesses.**

As prescribed in 1819.7103, insert the following clause:

**USE OF RURAL AREA SMALL BUSINESSES**

**(SEPTEMBER 1990)**

\(a\) **Definitions.**

**\"Rural area\"** means any county with a population of fewer than
twenty thousand individuals.

**\"Small business concern,\"** as used in this clause, means a concern,
including its affiliates, that is independently owned and operated, not
dominant in the field of operation in which it is bidding under this
contract, and qualified as a small business under the criteria and size
standards in 13 CFR 121.

\(b\) NASA prime and subcontractors are encouraged to use their best
efforts to award subcontracts to small business concerns located in
rural areas.

\(c\) Contractors acting in good faith may rely on written
representations by their subcontractors regarding their status as small
business concerns located in rural areas.

\(d\) The Contractor agrees to insert the provisions of this clause,
including this paragraph (d), in all subcontracts hereunder that offer
subcontracting possibilities.

**(End of clause)**

**1852.219-75 Small Business Subcontracting** **Reporting.**

As prescribed in 1819.708-70(b), insert the following clause:

**SMALL BUSINESS SUBCONTRACTING REPORTING**

**(MAY 1999)**

\(a\) The Contractor shall submit the Summary Subcontract Report
(Standard Form (SF) 295) semiannually for the reporting periods
specified in block 4 of the form. All other instructions for SF 295
remain in effect.

\(b\) The Contractor shall include this clause in all subcontracts that
include the clause at [**FAR
52.219-9**](http://www.arnet.gov/far/current/html/52_217_221.html).

**(End of clause)**

**1852.219-76 NASA 8 Percent Goal.**

As prescribed in 1819.7003 insert the following clause:

**NASA 8 PERCENT GOAL**

**(JULY 1997)**

\(a\) **Definitions.**

**\"Historically Black College~~s~~ or University,\"** as used in this
clause, means an institution determined by the Secretary of Education to
meet the requirements of 34 CFR Section 608.2. The term also includes
any nonprofit research institution that was an integral part of such a
college or university before November 14, 1986.

  **\"Minority institution~~s~~,\"** as used in this clause, means an
institution of higher education meeting the requirements of section
1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)) which
for the purposes of this clause includes a Hispanic-serving institution
of higher education as defined in section 316(b)(1) of the Act (20
U.S.C. 1059c(b)(1)).

 **\"Small disadvantaged business concern,\"** as used in this clause,
means a small business concern that (1) is at least 51 percent
unconditionally owned by one or more individuals who are both socially
and economically disadvantaged, or a publicly owned business having at
least 51 percent of its stock unconditionally owned by one or more
socially and economically disadvantaged individuals, and (2) has its
management and daily business controlled by one or more such
individuals. This term also means a small business concern that is at
least 51 percent unconditionally owned by an economically disadvantaged
Indian tribe or Native Hawaiian Organization, or a publicly owned
business having at least 51 percent of its stock unconditionally owned
by one or more of these entities, which has its management and daily
business controlled by members of an economically disadvantaged Indian
tribe or Native Hawaiian Organization, and which meets the requirements
of 13 CFR 124.

**"Women-owned small business concern,"** as used in this clause, means
a small business concern (1) which is at least 51 percent owned by one
or more women or, in the case of any publicly owned business, at least
51 percent of the stock of which is owned by one or more women, and (2)
whose management and daily business operations are controlled by one or
more women.

\(b\) The NASA Administrator is required by statute to establish
annually a goal to make available to small disadvantaged business
concerns, Historically Black Colleges and Universities, minority
institutions, and women-owned small business concerns, at least 8
percent of NASA's procurement dollars under prime contracts or
subcontracts awarded in support of authorized programs, including the
space station by the time operational status is obtained.

\(c\) The contractor hereby agrees to assist NASA in achieving this goal
by using its best efforts to award subcontracts to such entities to the
fullest extent consistent with efficient contract performance.

\(d\) Contractors acting in good faith may rely on written
representations by their subcontractors regarding their status as small
disadvantaged business concerns, Historically Black Colleges and
Universities, minority institutions, and women-owned small business
concerns.

**(End of clause)**

**1852.219-77 NASA Mentor-Protégé Program.**

As prescribed in 1819.7219(a), insert the following clause:

**NASA MENTOR-PROTÉGÉ PROGRAM**

**(MAY 1999)**

\(a\) Prime contractors, including certain small businesses, are
encouraged to participate in the NASA Mentor-Protégé Program for the
purpose of providing developmental assistance to eligible protégé
entities to enhance their capabilities and increase their participation
in NASA contracts.

\(b\) The Program consists of:

\(1\) Mentor firms, which are large prime contractors with at least one
active subcontracting plan or eligible small businesses;

\(2\) Protégés, which are subcontractors to the prime contractor,
include small disadvantaged business concerns, women-owned small
business concerns, Historically Black Colleges and Universities, and
minority institutions meeting the qualifications specified in NASA FAR
Supplement (NFS) 1819.7209.

\(3\) Mentor-protégé agreements, approved by the NASA Office of Small
and Disadvantaged Business Utilization (OSDBU);

\(4\) In contracts with award fee incentives, potential for payment of
additional fee for voluntary participation and successful performance in
the Mentor-Protégé Program.

\(c\) Mentor participation in the Program, described in NFS 1819.72,
means providing technical, managerial and financial assistance to aid
protégés in developing requisite high-tech expertise and business
systems to compete for and successfully perform NASA contracts and
subcontracts.

\(d\) Contractors interested in participating in the program are
encouraged to contact the NASA OSDBU, Washington, DC 20546, (202)
358-2088, for further information.

**(End of clause)**

**1852.219-79 Mentor Requirements and Evaluation.**

As prescribed in 1819.7219(b), insert the following clause:

**MENTOR REQUIREMENTS AND EVALUATION**

**(MARCH 1999)**

\(a\) The purpose of the NASA Mentor-Protégé Program is for a NASA prime
contractor to provide developmental assistance to certain subcontractors
qualifying as protégés. Eligible protégés include small disadvantaged
business concerns, women-owned small business concerns, Historically
Black Colleges and Universities, and minority institutions meeting the
qualifications specified in NASA FAR Supplement (NFS) 1819.7209.

\(b\) NASA will evaluate the contractor\'s performance on the following
factors. If this contract includes an award fee incentive, this
assessment will be accomplished as part of the fee evaluation process.

\(1\) Specific actions taken by the contractor, during the evaluation
period, to increase the participation of protégés as subcontractors and
suppliers;

\(2\) Specific actions taken by the contractor during this evaluation
period to develop the technical and corporate administrative expertise
of a protégé as defined in the agreement;

\(3\) To what extent the protégé has met the developmental objectives in
the agreement; and

\(4\) To what extent the firm\'s participation in the Mentor-Protégé
Program resulted in the protégé receiving competitive contract(s) and
subcontract(s) from private firms and agencies other than the mentor.

\(c\) Semi-annual reports shall be submitted by the mentor to the NASA
Mentor-Protégé program manager, NASA Headquarters OSDBU, to include
information as outlined in paragraph (b).

\(d\) The mentor will notify the OSDBU and the contracting officer, in
writing, at least 30 days in advance of the mentor firm\'s intent to
voluntarily withdraw from the program or upon receipt of a protégé's
notice to withdraw from the Program;

\(e\) Mentor and protégé firms will submit a \"lessons learned\"
evaluation to the NASA OSDBU at the conclusion of the contract. At the
end of each year in the Mentor-Protégé Program, the mentor and protégé,
as appropriate, will formally brief the NASA Mentor-Protégé program
manager, the technical program manager, and the contracting officer
during a formal program review regarding Program accomplishments as
pertains to the approved agreement.

\(f\) NASA may terminate mentor-protégé agreements for good cause and
exclude mentor or protégé firms from participating in the NASA program.
These actions shall be approved by the NASA OSDBU. NASA shall terminate
an agreement by delivering to the contractor a Notice specifying the
reason for termination and the effective date. Termination of an
agreement does not constitute a termination of the subcontract between
the mentor and the protégé. A plan for accomplishing the subcontract
effort should the agreement be terminated shall be submitted with the
agreement as required in NFS 1819.7213(h).

**(End of clause)**

**1852.219-80 Limitation on Subcontracting -- SBIR Phase I Program.**

As prescribed in 1819.7302(a), insert the following clause:

**LIMITATION ON SUBCONTRACTING -- SBIR PHASE I PROGRAM**

**(OCTOBER 2006)**

The Contractor shall perform a minimum of two-thirds of the research
and/or analytical effort (total contract price less profit) conducted
under this contract. Any deviation from this requirement must be
approved in advance and in writing by the Contracting Officer.

**(End of clause)**

**1852.219-81 Limitation on Subcontracting -- SBIR Phase II Program.**

As prescribed in 1819.7302(b), insert the following clause:

> **LIMITATION ON SUBCONTRACTING -- SBIR PHASE II PROGRAM**

**(OCTOBER 2006)**

The Contractor shall perform a minimum of one-half of the research
and/or analytical effort (total contract price less profit) conducted
under this contract. Any deviation from this requirement must be
approved in advance and in writing by the Contracting Officer. Since the
selection of R&D contractors is substantially based on the best
scientific and technological sources, it is important that the
Contractor not subcontract technical or scientific work without the
Contracting Officer\'s advance approval.

**(End of clause)**

**1852.219-82 Limitation on Subcontracting -- STTR Program.**

As prescribed in 1819.7302(c), insert the following clause:

**LIMITATION ON SUBCONTRACTING -- STTR PROGRAM**

**(OCTOBER 2006)**

The Contractor shall perform a minimum of 40 percent of the work under
this contract (total contract price including cost sharing, if any, less
profit if any). A minimum of 30 percent of the work under this contract
shall be performed by the research institution. Since the selection of
R&D contractors is substantially based on the best scientific and
technological sources, it is important that the Contractor not
subcontract technical or scientific work without the Contracting
Officer\'s advance approval.

**(End of clause)**

**1852.219-83 Limitation of the Principal Investigator -- SBIR
Program.**

As prescribed in 1819.7302(d), insert the following clause:

**LIMITATION OF THE PRINCIPAL INVESTIGATOR -- SBIR PROGRAM**

**(OCTOBER 2006)**

The primary employment of the principal investigator (PI) shall be with
the small business concern (SBC)/Contractor during the conduct of this
contract. Primary employment means that more than one-half of the
principal investigator\'s time is spent in the employ of the
SBC/Contractor. This precludes full-time employment with another
organization. Deviations from these requirements must be approved in
advance and in writing by the Contracting Officer and are not subject to
a change in the firm-fixed price of the contract. The PI for this
contract is [(insert name)]{.underline}.

**(End of clause)**

**1852.219-84 Limitation of the Principal Investigator -- STTR
Program.**

As prescribed in 1819.7302(e), insert the following clause:

**LIMITATION OF THE PRINCIPAL INVESTIGATOR -- STTR PROGRAM**

**(OCTOBER 2006)**

\(a\) The primary employment of the principal investigator (PI)
identified in paragraph (b) of this clause is with the small business
concern (SBC)/Contractor or the research institution (RI). Primary
employment means that more than one-half of the principal
investigator\'s time is spent in the employ of the SBC/Contractor or RI.

\(b\) The PI is considered to be key personnel in the performance of
this contract. The SBC/Contractor, whether or not the employer of the
PI, shall exercise primary management direction and control over the PI
and be overall responsible for the PI's performance under this contract.
Deviations from these requirements must be approved in advance and in
writing by the Contracting Officer and are not subject to a change in
the firm-fixed price of the contract. The PI for this contract is
[(insert name)]{.underline}.

**(End of clause)**

**1852.219-85 Conditions for Final Payment -- SBIR and STTR Contracts.**

As prescribed in 1819.7302 (f), insert the following clause:

**CONDITIONS FOR FINAL PAYMENT - SBIR AND STTR CONTRACTS**

**(OCTOBER 2006)**

As a condition for final payment under this contract, the Contractor
shall provide the following certifications as part of its final payment
invoice request:

During performance of this contract \--

1\. Essentially equivalent work performed under this contract has not
been proposed for funding to another Federal agency;

2\. No other Federal funding award has been received for essentially
equivalent work performed under this contract;

3\. Deliverable items submitted under this contract have not been
submitted as deliverable items under another Federal funding award;

4\. [For SBIR contracts:]{.underline} The subcontracting limitation set
forth in this contract was not exceeded except as approved in writing by
the Contracting Officer on [(insert date of approval or modification
number.)]{.underline};

5\. [For STTR contracts:]{.underline} The subcontracting limitation set
forth in this contract was not exceeded;

6\. [For SBIR contracts]{.underline}: The primary employment of the
principal investigator (PI) identified in this SBIR contract was with
the Contractor, except as approved in writing by the Contracting Officer
on ([insert date of approval or modification number.]{.underline}); and

7\. [For STTR contracts]{.underline}: The primary employment of the
principal investigator (PI) identified in this STTR contract was the
SBC/Contractor or the research institution (RI). The PI identified in
the STTR contract was considered key in the performance of this
contract. The SBC/Contractor whether or not the employer of the PI, did
exercise primary management direction and control over the PI and was
overall responsible for the PI's performance under this contract. Any
substitutions of this individual were approved in writing by the
Contracting Officer on ([insert date of approval or modification
number.]{.underline}).

I understand that the willful provision of false information or
concealing a material fact in this representation is a criminal offense
under Title 18 USC, Section 1001, False Statements, as well as Title 18
USC, Section 287, False Claims.

**(End of clause)**

**1852.223-70** **Safety** **and** **Health.**

As prescribed in 1823.7001(a), insert the following clause:

**SAFETY AND HEALTH**

**(APRIL 2002)**

\(a\) Safety is the freedom from those conditions that can cause death,
injury, occupational illness, damage to or loss of equipment or
property, or damage to the environment. NASA's safety priority is to
protect: (1) the public, (2) astronauts and pilots, (3) the NASA
workforce (including contractor employees working on NASA contracts),
and (4) high-value equipment and property.

\(b\) The Contractor shall take all reasonable safety and occupational
health measures 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 Contractor shall immediately notify and promptly report to the
Contracting Officer or a designee any accident, incident, or exposure
resulting in fatality, lost-time occupational injury, occupational
disease, contamination of property beyond any stated acceptable limits
set forth in the contract Schedule; or property loss of \$25,000 or
more, or Close Call (a situation or occurrence with no injury, no damage
or only minor damage (less than \$1,000) but possesses the potential to
cause any type mishap, or any injury, damage, or negative mission
impact) that may be of immediate interest to NASA, arising out of work
performed under this contract. The Contractor is not required to include
in any report an expression of opinion as to the fault or negligence of
any employee. In addition, service contractors (excluding construction
contracts) shall provide quarterly reports specifying lost-time
frequency rate, number of lost-time injuries, exposure, and
accident/incident dollar losses as specified in the contract Schedule.

\(e\) The Contractor shall investigate all work-related incidents,
accidents, and Close Calls, to the extent necessary to determine their
causes and furnish the Contracting Officer a report, in such form as the
Contracting Officer may require, of the investigative findings and
proposed or completed corrective actions.

(f)(1) The Contracting Officer may notify the Contractor in writing of
any noncompliance with this clause and specify corrective actions to be
taken. When 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.

\(2\) If the Contractor fails or refuses to institute prompt corrective
action in accordance with subparagraph (f)(1) of this clause, the
Contracting Officer may invoke the stop-work order clause in this
contract or any other remedy available to the Government in the event of
such failure or refusal.

\(g\) The Contractor (or subcontractor or supplier) shall insert the
substance of this clause, including this paragraph (g) and any
applicable Schedule provisions and clauses, with appropriate changes of
designations of the parties, in all solicitations and subcontracts of
every tier, when one or more of the following conditions exist:

\(1\) 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 Contractor (or subcontractor or supplier) determines that
the assessed risk and consequences of a failure to properly manage and
control the hazard(s) warrants use of the clause.

\(h\) The Contractor (or subcontractor or supplier) may exclude the
provisions of paragraph (g) from its solicitation(s) and subcontract(s)
of every tier when it determines that the clause is not necessary
because the application of the OSHA and DOT (if applicable) regulations
constitute adequate safety and occupational health protection. When a
determination is made to exclude the provisions of paragraph (g) from a
solicitation and subcontract, the Contractor must notify and provide the
basis for the determination to the Contracting Officer. In subcontracts
of every tier above the micro-purchase threshold for which paragraph (g)
does not apply, the Contractor (or subcontractor or supplier) shall
insert the substance of paragraphs (a), (b), (c), and (f) of this
clause).

\(i\) Authorized Government representatives of the Contracting Officer
shall have access to and the right to examine the sites or areas where
work under this contract is being performed in order to determine the
adequacy of the Contractor\'s safety and occupational health measures
under this clause.

\(j\) The contractor shall continually update the safety and health plan
when necessary. In particular**,** the Contractor shall furnish a list
of all hazardous operations to be performed, and a list of other major
or key operations required or planned in the performance of the
contract, even though not deemed hazardous by the Contractor. NASA and
the Contractor shall jointly decide which operations are to be
considered hazardous, with NASA as the final authority. Before hazardous
operations commence, the Contractor shall submit for NASA concurrence
\--

\(1\) Written hazardous operating procedures for all hazardous
operations; and/or

\(2\) Qualification standards for personnel involved in hazardous
operations.

**(End of clause)**

**1852.223-71** **Frequency** **Authorization.**

As prescribed in 1823.7101, insert the following clause:

**FREQUENCY AUTHORIZATION**

**(DECEMBER 1988)**

\(a\) Authorization of radio frequencies required in support of this
contract shall be obtained by the Contractor or subcontractor in need
thereof.

\(b\) For any experimental, developmental, or operational equipment for
which the appropriate frequency allocation has not been made, the
Contractor or subcontractor shall provide the technical operating
characteristics of the proposed electromagnetic radiating device to the
Contracting Officer during the initial planning, experimental, or
developmental phase of contractual performance. Procedures furnished by
the Contracting Officer shall be followed in obtaining radio frequency
authorization.

\(c\) This clause, including this paragraph (c), shall be included in
all subcontracts that call for developing, producing, testing, or
operating a device for which a radio frequency authorization is
required.

**(End of clause)**

**1852.223-72 Safety and Health (Short Form).**

As prescribed in 1823.7001(e), insert the following clause:

**SAFETY AND HEALTH (SHORT FORM)**

**(APRIL 2002)**

\(a\) Safety is the freedom from those conditions that can cause death,
injury, occupational illness; damage to or loss of equipment or
property, or damage to the environment. NASA's safety priority is to
protect: (1) the public, (2) astronauts and pilots, (3) the NASA
workforce (including contractor employees working on NASA contracts),
and (4) high-value equipment and property.

\(b\) 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.

\(2\) The Contractor\'s program shall further prohibit any such
individual from working in a sensitive position on a NASA contract,
unless such individual has completed a program of rehabilitation
described in paragraph (d) of this clause.

\(3\) The Contractor\'s program shall further prohibit any such
individual from working in any sensitive position on a NASA contract if
the individual is determined under the Contractor\'s program to have
used, in violation of applicable law or Federal regulation, alcohol or a
controlled substance and the individual meets any of the following
criteria:

\(i\) The individual had undertaken or completed a rehabilitation
program described in paragraph (d) of this clause prior to such use;

\(ii\) Following such determination, the individual refuses to undertake
such a rehabilitation program;

\(iii\) Following such determination, the individual fails to complete
such a rehabilitation program; or

\(iv\) The individual used a controlled substance or alcohol while on
duty.

\(d\) The Contractor shall institute and maintain an appropriate
rehabilitation program which shall, as a minimum, provide for the
identification and opportunity for treatment of employees whose duties
include responsibility for safety-sensitive, security, or National
security functions who are in need of assistance in resolving problems
with the use of alcohol or controlled substances.

\(e\) The requirements of this clause shall take precedence over any
state or local Government laws, rules, regulations, ordinances,
standards, or orders that are inconsistent with the requirements of this
clause.

\(f\) For any collective bargaining agreement, the Contractor will
negotiate the terms of its program with employee representatives, as
appropriate, under labor relations laws or negotiated agreements. Such
negotiation, however, cannot change the requirements of this clause.
Employees covered under collective bargaining agreements will not be
subject to the requirements of this clause until those agreements have
been modified, as necessary; provided, however, that if one year after
commencement of negotiation the parties have failed to reach agreement,
an impasse will be determined to have been reached and the Contractor
will unilaterally implement the requirements of this clause.

\(g\) The Contractor shall insert a clause containing all the terms of
this clause, including this paragraph (g), in all subcontracts in which
work is performed by an employee in a sensitive position, except
subcontracts for commercial items (see FAR Parts
[**2**](http://www.arnet.gov/far/current/html/FARTOCP02.html) and
[**12**](http://www.arnet.gov/far/current/html/FARTOCP12.html)).

**(End of clause)**

**1852.223-75 Major Breach of Safety or Security.**

As prescribed in 1823.7001(d), insert the following clause:

**MAJOR BREACH OF SAFETY OR SECURITY**

**(FEBRUARY 2002)**

(a) Safety is the freedom from those conditions that can cause death,
    injury, occupational

> illness, damage to or loss of equipment or property, or damage to the
> environment. Safety is essential to NASA and is a material part of
> this contract. NASA's safety priority is to protect: (1) the public;
> (2) astronauts and pilots; (3) the NASA workforce (including
> contractor employees working on NASA contracts); and (4) high-value
> equipment and property. A major breach of safety may constitute a
> breach of contract that entitles the Government to exercise any of its
> rights and remedies applicable to material parts of this contract,
> including termination for default. A major breach of safety must be
> related directly to the work on the contract. A major breach of safety
> is an act or omission of the Contractor that consists of an accident,
> incident, or exposure resulting in a fatality or mission failure; or
> in damage to equipment or property equal to or greater than \$1
> million; or in any \"willful\" or \"repeat\" violation cited by the
> Occupational Safety and Health Administration (OSHA) or by a state
> agency operating under an OSHA approved plan.

\(b\) Security is the condition of safeguarding against espionage,
sabotage, crime (including computer crime), or attack. A major breach of
security may constitute a breach of contract that entitles the
Government to exercise any of its rights and remedies applicable to
material parts of this contract, including termination for default. A
major breach of security may occur on or off Government installations,
but must be related directly to the work on the contract. A major breach
of security is an act or omission by the Contractor that results in
compromise of classified information, illegal technology transfer,
workplace violence resulting in criminal conviction, sabotage,
compromise or denial of information technology services, equipment or
property damage from vandalism greater than \$250,000, or theft greater
than \$250,000.

\(c\) In the event of a major breach of safety or security, the
Contractor shall report the breach to the Contracting Officer. If
directed by the Contracting Officer, the Contractor shall conduct its
own investigation and report the results to the Government. The
Contractor shall cooperate with the Government investigation, if
conducted.

**(End of clause)**

**ALTERNATE I**

**(FEBRUARY 2006)**

As prescribed in 1823.7001(d)(2), substitute the following paragraphs
(a) and (b) for paragraphs (a) and (b) of the basic clause:

  (a) Safety is the freedom from those conditions that can cause death,
injury, occupational illness, damage to or loss of equipment or
property, or damage to the environment. Safety is essential to NASA and
is a material part of this contract. NASA's safety priority is to
protect: (1) the public; (2) astronauts and pilots; (3) the NASA
workforce (including contractor employees working on NASA contracts);
and (4) high-value equipment and property. A major breach of safety may
constitute a breach of contract that entitles the Government to exercise
any of its rights and remedies applicable to material parts of this
contract, including termination. A major breach of safety must be
related directly to the work on the contract. A major breach of safety
is an act or omission of the Contractor that consists of an accident,
incident, or exposure resulting in a fatality or mission failure; or in
damage to equipment or property equal to or greater than \$1 million; or
in any \"willful\" or \"repeat\" violation cited by the Occupational
Safety and Health Administration (OSHA) or by a state agency operating
under an OSHA approved plan.

  (b) Security is the condition of safeguarding against espionage,
sabotage, crime (including computer crime), or attack. A major breach of
security may constitute a breach of contract that entitles the
Government to exercise any of its rights and remedies applicable to
material parts of this contract, including termination. A major breach
of security may occur on or off Government installations, but must be
related directly to the work on the contract. A major breach of security
is an act or omission by the Contractor that results in compromise of
classified information, illegal technology transfer, workplace violence
resulting in criminal conviction, sabotage, compromise or denial of
information technology services, equipment or property damage from
vandalism greater than \$250,000, or theft greater than \$250,000.

**1852.223-76 Federal Automotive Statistical Tool Reporting.**

As prescribed at 1823.271 and 1851.205, insert the following clause:

### FEDERAL AUTOMOTIVE STATISTICAL TOOL REPORTING

**(JULY 2003)**

If authorized to operate Government-owned or --leased vehicles,
including interagency fleet management system (IFMS) vehicles or related
services in performance of this contract, the Contractor shall report
the data describing vehicle usage required by the Federal Automotive
Statistical Tool (FAST) by October 15 of each year. FAST is accessed
through http://fastweb.inel.gov/.

**(End of clause)**

**1852.225-8** **Duty-Free Entry of Space Articles.**

As prescribed in 1825.1101(e), add the following paragraph (k) to the
basic clause at [**FAR
52.225-8**](http://www.arnet.gov/far/current/html/52_223_226.html):

\(k\) The following supplies will be given duty-free entry:

\[Insert the supplies that are to be accorded duty-free entry.\]

**(End of addition)**

**1852.225-70 Export Licenses.**

As prescribed in 1825.1103-70(b), insert the following clause:

**EXPORT LICENSES**

**(FEBRUARY 2000)**

\(a\) The Contractor shall comply with all U.S. export control laws and
regulations, including the International Traffic in Arms Regulations
(ITAR), 22 CFR Parts 120 through 130, and the Export Administration
Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of
this contract. In the absence of available license
exemptions/exceptions, the Contractor shall be responsible for obtaining
the appropriate licenses or other approvals, if required, for exports of
hardware, technical data, and software, or for the provision of
technical assistance.

\(b\) The Contractor shall be responsible for obtaining export licenses,
if required, before utilizing foreign persons in the performance of this
contract, including instances where the work is to be performed on-site
at \[*insert name of NASA installation*\], where the foreign person will
have access to export-controlled technical data or software.

\(c\) The Contractor shall be responsible for all regulatory record
keeping requirements associated with the use of licenses and license
exemptions/exceptions.

\(d\) The Contractor shall be responsible for ensuring that the
provisions of this clause apply to its subcontractors.

**(End of clause)**

**ALTERNATE I**

**(FEBRUARY 2000)**

As prescribed in 1825.1103-70(b), add the following paragraph (e) as
Alternate I to the clause:

\(e\) The Contractor may request, in writing, that the Contracting
Officer authorize it to export ITAR-controlled technical data (including
software) pursuant to the exemption at 22 CFR 125.4(b)(3). The
Contracting Officer or designated representative may authorize or direct
the use of the exemption where the data does not disclose details of the
design, development, production, or manufacture of any defense article.