# SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are
hereby incorporated by reference:

CLAUSE

[NUMBER]{.underline} [DATE]{.underline} [TITLE]{.underline}

52.223-5 APR 1998 POLLUTION PREVENTION AND RIGHT- TO- KNOW INFORMATION

1852.204-74 AUG 2000 CENTRAL CONTRACTOR REGISTRATION

1852.208-81 AUG 1993 RESTRICTIONS ON PRINTING AND DUPLICATING

1852.223-74 MAR 1996 DRUG- AND ALCOHOL-FREE WORKFORCE

1852.225-70 FEB 2000 EXPORT LICENCES (ALTERNATE I)

> Insert in Paragraph (b): [NASA/KSC and NASA/VAFB]{.underline}

1852.228-72 SEP 1993 CROSS-WAIVER OF LIABILITY FOR SPACE SHUTTLE
SERVICES

1852.228-75 OCT 1988 MINIMUM INSURANCE COVERAGE

1852.228-78 SEP 1993 CROSS-WAIVER OF LIABILITY FOR NASA EXPENDABLE
LAUNCH VEHICLE (ELV) LAUNCHES

H-2 ORGANIZATIONAL CONFLICT OF INTEREST

\(a\) It has been determined that the services to be provided under this
contract create significant potential Organizational Conflicts of
Interest with current and future launch service providers.

\(b\) The contractor will assist in analyzing products and activities of
various KSC contractors involved in processing flight and payload
hardware and software; support NASA\'s internal risk assessment and
management process; review mission compatibility drawings provided by
the launch service providers; verify overall launch service provider
compliance with test procedures and acceptance test results; maintain
cognizance of hardware productions, design changes and non-conformances
at prime launch service provider facilities; and, provide ELV telemetry
and communications at various locations. The nature of the potential
conflicts arises from the contractor\'s participation as the primary
source of launch vehicle engineering and analysis and its related and
necessary access to various types and levels of data and processes that
are proprietary to the various launch and payload services contractors.
Based on these significant potential organizational conflicts of
interest, launch service providers are ineligible to respond to the
solicitation and be considered for award as either a prime or a
subcontractor. A launch service provider, for the purposes of this
provision, is defined as a prime contractor or subcontractor that
designs, assembles, launches and/or manufactures a launch vehicle.

\(c\) The prime contractor and its major subcontractors shall not
compete directly or as a competitive team member in any solicitation for
NASA launch services and shall be ineligible for award of a prime
contract for launch services for NASA, or any level subcontract there
under, during their incumbency on this contract and for a period five
years after expiration or other termination of this contract.

\(d\) For purposes of this clause, \"major subcontractor\" means a
subcontractor responsible for services under this contract equal to or
greater than 15% or more of direct labor cost during the life of the
contract, or a subcontractor which as a result of performance under this
contract is provided or obtains access to materials, data, processes or
other matters of a non-public nature which are proprietary to a third
party serving as a launch services contractor/subcontractor, launch
processing contractor/subcontractor, or payload manufacturing and/or
processing contractor/subcontractor.

\(e\) The contractor and its subcontractor(s), if any, shall flow down
the requirements of this clause to all subcontracts, at any tier, unless
the cognizant Contracting Officer has agreed in advance in writing that,
based on the nature of the services to be acquired and the access
associated therewith, the potential for an organizational conflict of
interest under the proposed subcontract arrangement is too remote to
require application of the clause to that specific subcontract.

(End of Text)

H-3 HANDLING OF DATA

\(a\) In the performance of this contract, it is anticipated that the
Contractor may have access to, be furnished, or use the following
categories of data (which may be technical data, computer software,
administrative, management information, or financial, including cost or
pricing):

\(1\) Data of third parties which NASA has agreed to handle under
protective arrangements; and

\(2\) NASA-generated data not releasable under the Freedom of
Information Act (FOIA), the use and dissemination of which, the NASA
intends to control.

\(b\) In order to protect the interests of NASA and the owners,
licensors and licensees of such data, the Contractor agrees, with
respect to any such third party or NASA-generated data that is either
marked with a restrictive legend, specifically identified in this
contract, or otherwise identified in writing by the Contracting Officer
as being subject to this clause, to:

\(1\) Use, disclose, and reproduce such data only to the extent
necessary to perform the work required under this contract;

\(2\) Allow access to such data only to those of its employees that
require access for their performance under this contract;

\(3\) Preclude access and disclosure of such data outside the
Contractor\'s organization; and

\(4\) Return or dispose of such data, as the Contracting Officer may
direct, when the data is no longer needed for contract performance.

\(c\) The Contractor agrees to inform and instruct its employees of its
and their obligations under this clause and to appropriately bind its
employees contractually to comply with the access, use, disclosure, and
reproduction provisions of this clause. The Contractor agrees to enter
into non-disclosure agreements with Launch Service Providers (LSP) and
any other launch vehicle manufacturers to the extent that the
performance of employee duties requires access to information/data
properly marked as proprietary by the LSP or launch vehicle
manufacturers.

\(d\) In the event that data includes a legend that the Contractor deems
to be ambiguous or unauthorized, the Contractor may inform the
Contracting Officer of such condition. Notwithstanding such a legend, as
long as such legend provides an indication that a restriction on use or
disclosure was intended, the Contractor shall treat such data pursuant
to the requirements of this clause unless otherwise directed, in
writing, by the Contracting Officer.

\(e\) Notwithstanding the above, the Contractor shall not be restricted
in use, disclosure, and reproduction of any data that:

\(1\) Is, or becomes, generally available or public knowledge without
breach of this clause by the Contractor;

\(2\) Is known to, in the possession of, or is developed by the
Contractor independently of any disclosure of, or without reference to,
proprietary, restricted, confidential, or otherwise protectable data
under this clause;

\(3\) Is rightfully received by the Contractor from a third party
without restriction;

\(4\) Or is required to be produced by the Contractor pursuant to a
court order or other Government action.

If the Contractor believes that any of these events or conditions that
remove restrictions on the use, disclosure, and reproduction of the data
apply, the Contractor shall promptly notify the Contracting Officer of
such belief prior to acting on such belief, and, in any event, shall
give notice to the Contracting Officer prior to any unrestricted use,
disclosure, or reproduction of such data.

(End of clause)

H-4 CONVERSION TO FIXED PRICE (CPAF CLIN ONLY)

NASA expects to shift risk to the contractor as it collects performance
and cost data under the contract. If other than a cost plus award fee
contract type becomes more appropriate for the subject CLIN, NASA would,
in lieu of exercising the next option, consider re-procuring the
requirement using the different contract type. If, after analysis, NASA
decides to exercise the option, the parties must first negotiate, in
good faith, to revise the contract type.

(End of Clause)

H-5 GOVERNMENT FURNISHED SERVICES

The government will furnish the following services to the contractor at
KSC and VAFB (as noted) on a no-charge-for-use basis to the extent
reasonably necessary for the contractor to fulfill its contractual
obligations:

> Calibration and Standards Services (KSC & VAFB)
>
> Central receiving (KSC Only)
>
> Conference Room (Mission Briefing Room in the Operations &Checkout
> Bldg, Training Auditorium) audio/video set up support (KSC Only)
>
> Administrative Desktop Computers (existing Section J Attachment 4
> desktop computers will be provided "As Is," maintenance and
> replacement are the responsibility of the contractor). (KSC & VAFB)
>
> Emergency Medical Services (KSC & VAFB)
>
> Fire Protection Service (KSC & VAFB)
>
> Food Services (cafeteria, snack bars, vending machines) (KSC & VAFB)
>
> Hazardous Waste Disposal (KSC & VAFB)
>
> Heating, Ventilating, and Air Conditioning (HVAC) (KSC Only)
>
> Janitorial Services (KSC Only)
>
> Library Services (KSC Only)
>
> Mail Services (to one designated location) (KSC & VAFB)
>
> Maintenance of Facilities on CCAFS (KSC Only)
>
> NASA Malfunction Laboratory (KSC Only)
>
> Occupational Health Services (KSC Only)
>
> On-site Film Laboratory and Processing Service (KSC & VAFB)

On-site Passenger Bus Service (KSC Only)

On-site Work Space (KSC, VAFB & LSP On-Site Resident Offices)

On-site Storage Space at Hangar AE (KSC)

> Operational Voice, Video and Data Communications (except
> systems/services required to be provided by the contractor per SOW)
> (KSC & VAFB)
>
> Administrative Voice, Video and Data Communications (except mobile
> phones, fax machines and pagers) (KSC & VAFB)
>
> Pesticide Control (KSC Only)
>
> Printing/Micro-imaging at Central KSC Print Shop (KSC Only)
>
> Roads and Grounds Maintenance (KSC & VAFB)

Security for KSC and VAFB (issuing base access credentials, law
enforcement, payload escort). Security for KSC only (O&M of electronic
surveillance systems)

Water and Sewage (KSC & VAFB)

(End of Clause)

H-6 PLACING ORDERS For OUTSOURCING DESKTOP INITIATIVE FOR NASA (ODIN)
SUPPORT

As a contractor performing services for NASA, the Outsourcing Desktop
Initiative for NASA (ODIN) contract may be used in performance of this
contract. For an overview of ODIN and the services available,
information is available on the Web at
<http://odin.oao.net/contract-summary.htm>. The contractor is authorized
to place orders for ODIN services directly with the ODIN contractor for
the relevant site, provided that an ODIN Government Contracting Officer
has specifically authorized such order in writing. Submit requests for
authorization to:

John F. Kennedy Space Center, NASA

Attn: Marjorie Ann Nelson

OSF ODIN Delivery Order Contracting Officer

M/C: OP-MS-B

Kennedy Space Center, FL 32899

The contractor shall include with its order a letter from the
Contracting Officer stating such authorization. The ODIN contractor is
required to honor all orders placed.

Such orders shall be considered to create separate contracts between
each such contractor and the ODIN contractor receiving the order. The
Government shall not be liable under the ODIN contract for any order
placed by such contractor. However, the ODIN contractor shall provide
ODIN services so ordered under the same terms and conditions, and at the
same prices, as if the Government had placed such order under the ODIN
contract, except for those provisions peculiar to Government
procurement, such as, but not limited to, disputes resolution and
allocation of Government funding provisions.

(End of Clause)

H-7 NON-PERSONAL SERVICES

\(a\) No personal services, as defined in FAR 37.101, shall be performed
under this contract. No Contractor employee will be directly supervised
by the Government. All individual employee assignments, and daily work
direction, shall be given by the applicable employee supervisor. If the
Contractor believes any Government action or communication has been
given that would create a personal services relationship between the
Government and any Contractor employee, the Contractor shall promptly
notify the Contracting Officer of this communication or action.

\(b\) The Contractor shall not perform any inherently governmental
actions, as defined in FAR 7.501, under this contract. No Contractor
employee shall hold him or herself out to be a Government employee,
agent, or representative. No Contractor employee shall state orally or
in writing at any time that he or she is acting on behalf of the
Government. In all communications in connection with this contract,
Contractor employees shall identify themselves as Contractor employees
and specify the name of the company for which they work. Proper
identification should also include email addresses. The contractor shall
require proper identification of contractor personnel who attend
meetings, answer Government telephones, or work in situations where
their actions could be construed as acts of Government officials. In all
communications with other Government contractors in connection with this
contract, the Contractor employee shall state that they have no
authority to in any way change the contract and that if the other
contractor believes this communication to be a direction to change their
contract, they should notify the Contracting Officer for that contract
and not carry out the direction until a clarification has been issued by
the Contracting Officer.

\(c\) The Contractor shall ensure that all of its employees working on
this contract are informed of the substance of this clause. Nothing in
this clause shall limit the Government\'s rights in any way under any
other provision of the contract, including those related to the
Government\'s right to inspect and accept the services to be performed
under this contract. The substance of this clause shall be included in
all subcontracts at any tier.

(End of Text)

H-8 TASK ORDERING PROCEDURE

NOTE: THE FOLLOWING TASK ORDERING PROCEDURE APPLIES ONLY TO STATEMENT OF
WORK, SECTION 9.0 \"MISSION DIRECT SUPPORT\", AND SECTION 11
"CONSTRUCTION AND FACILITIES MODIFICATION"

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

    1.  For Mission Direct Support Services (CLIN's X008a through X008J)

> For each mission the Contracting Officer will request a task plan and
> proposed hours for Mission Direct Services to support Vehicle
> Production Operations for that mission approximately three weeks prior
> to Authority to Proceed (ATP).
>
> For each mission the Contracting Officer will request a task plan and
> proposed hours for Mission Direct Services to support the Launch
> Campaign Operations for that mission approximately one month prior to
> Spacecraft arrival at the designated launch site.

The contractor must provide the requested task plan/proposal to the
Contracting Officer within 10 working days from the date of the request.
The task plan must include the contractor's utilization plan for Mission
Direct Support Services and required hours for performance of the
requirements described in the Statement of Work Sections 9.1 through
9.9. The government will evaluate the task plan and proposed hours,
conduct any necessary discussions or negotiations and the Contracting
Officer will, then, issue a task order defining the required support
within 10 working days of receipt of the task plan and proposal.

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

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

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

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

(i) For Mission Direct Support Services (CLIN's X008a through X008J)

> For each mission the Contracting Officer will request a task plan and
> proposed hours for Mission Direct Services to support Vehicle
> Production Operations for that mission approximately three weeks prior
> to Authority to Proceed (ATP).
>
> For each mission the Contracting Officer will request a task plan and
> proposed hours for Mission Direct Services to support the Launch
> Campaign Operations for that mission approximately one month prior to
> Spacecraft arrival at the designated launch site.

(ii) For Facilities Modifications, Design and Construction

> For each project the Contracting Officer will provide a request a task
> plan and
>
> a detailed proposal. The Contractor request for proposal will indicate
> the required date for submission of the proposal based upon the
> complexity of the project.

\(c\) For Mission Direct Support Services, the Contractor shall submit a
task plan and proposal conforming to the request within 10 working days
after receipt of the Contracting Officer\'s request. For Facilities
Modifications, Design and Construction the Contractor shall submit a
task plan and proposal conforming to the request within the period of
time designated in the Contracting Officer's request for proposal.

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

\(1\) Date of the order.

\(2\) Contract number and order number.

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

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

\(5\) Maximum dollar amount authorized (price).

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

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

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

\(e\) The Contractor shall provide acknowledgment of receipt to the
Contracting Officer within [5]{.underline} calendar days after receipt
of the task order.

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

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

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

(End of clause)

H-9 ORDERING (FAR 52.216-18)(OCT 1995) (Applies to IDIQ CLINS)

NOTE: THE FOLLOWING APPLIES ONLY TO STATEMENT OF WORK, SECTION 9.0
\"MISSION DIRECT SUPPORT\", AND SECTION 11 "CONSTRUCTION AND FACILITIES
MODIFICATION"

\(a\) Any supplies and services to be furnished under this contract
shall be ordered by issuance of delivery orders or task orders by the
individuals or activities designated in the Schedule. Such orders may be
issued from the award date of this contract through the end of the
effective ordering period specified in Clause F-3.

\(b\) All delivery orders or task orders are subject to the terms and
conditions of this contract. In the event of conflict between a delivery
order or task order and this contract, the contract shall control.

\(c\) If mailed, a delivery order or task order is considered \"issued\"
when the Government deposits the order in the mail. Orders may be issued
orally, by facsimile, or by electronic commerce methods only if
authorized in the Schedule.

(End of clause)

H-10 ORDER LIMITATIONS (FAR 52.216-19) (OCT 1995) (Applies to IDIQ
CLINS)

NOTE: THE FOLLOWING APPLIES ONLY TO STATEMENT OF WORK, SECTION 9.0
\"MISSION DIRECT SUPPORT\", AND SECTION 11 "CONSTRUCTION AND FACILITIES
MODIFICATION"

\(a\) Minimum order. When the Government requires supplies or services
covered by this contract in an amount of less than \$250, the Government
is not obligated to purchase, nor is the Contractor obligated to
furnish, those supplies or services under the contract.

\(b\) Maximum order. The Contractor is not obligated to honor\--

\(1\) Any order for a single item in excess of \$1,500,000;

\(2\) Any order for a combination of items in excess of \$2,200,000; or

\(3\) A series of orders from the same ordering office within 3 days
that together call for quantities exceeding the limitation in
subparagraph (1) or (2) above.

\(c\) If this is a requirements contract (i.e., includes the
Requirements clause at subsection 52.216-21 of the Federal Acquisition
Regulation (FAR)), the Government is not required to order a part of any
one requirement from the Contractor if that requirement exceeds the
maximum-order limitations in paragraph (b) above.

\(d\) Notwithstanding paragraphs (b) and (c) above, the Contractor shall
honor any order exceeding the maximum order limitations in paragraph
(b), unless that order (or orders) is returned to the ordering office
within 3 days after issuance, with written notice stating the
Contractor\'s intent not to ship the item (or items) called for and the
reasons. Upon receiving this notice, the Government may acquire the
supplies or services from another source.

H-11 INDEFINITE QUANTITY (FAR 52.216-22)(OCT 1995) (Applies to IDIQ
CLINS)

\(a\) This is an indefinite‑quantity contract for the supplies or
services specified, and effective for the period stated, in the
Schedule. The quantities of supplies and services specified in the
Schedule are estimates only and are not purchased by this contract.

\(b\) Delivery or performance shall be made only as authorized by orders
issued in accordance with the Ordering clause. The Contractor shall
furnish to the Government, when and if ordered, the supplies or services
specified in the Schedule up to and including the quantity designated in
the Schedule as the \"maximum. The Government shall order at least the
quantity of supplies or services designated in the Schedule as the
\"minimum.\"

\(c\) Except for any limitations on quantities in the Order Limitations
clause or in the Schedule, there is no limit on the number of orders
that may be issued. The Government may issue orders requiring delivery
to multiple destinations or performance at multiple locations.

\(d\) Any order issued during the effective period of this contract and
not completed within that period shall be completed by the Contractor
within the time specified in the order. The contract shall govern the
Contractor\'s and Government\'s rights and obligations with respect to
that order to the same extent as if the order were completed during the
contract\'s effective period; provided, that the Contractor shall not be
required to make any deliveries under this contract after the period of
performance specified in any issued Task Order.

(End of clause)

H-12 SAFETY AND HEALTH (NFS 1852.223-70) (MAY 2001)

\(a\) 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. 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, with appropriate changes of designations
of the parties, in subcontracts of every tier that --

\(1\) Amount to \$1,000,000 or more (unless the Contracting Officer
makes a written determination, after consultation with installation
safety and health representatives, that this is not required);

\(2\) Require construction, repair, or alteration in excess of \$25,000;
or

\(3\) Regardless of dollar amount, involve the use of hazardous
materials or operations.

\(h\) 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.

\(i\) 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)

H-13 KEY PERSONNEL AND FACILITIES (NFS 1852.235-71) (MAR 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, 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.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(End Of Clause)

H-14 OBSERVANCE OF LEGAL HOLIDAYS (NFS 1852.242-72) (AUGUST 1992)
[]{.mark}

\(a\) The on-site Government personnel observe the following holidays:

> New Year\'s Day
>
> Labor Day
>
> Martin Luther King, Jr.\'s Birthday
>
> Columbus Day
>
> President\'s Day
>
> Veterans Day
>
> Memorial Day
>
> Thanksgiving Day
>
> Independence Day
>
> Christmas Day

Any other day designated by Federal statute, Executive order, or the
President\'s proclamation.

\(b\) When any holiday falls on a Saturday, the preceding Friday is
observed. When any holiday falls on a Sunday, the following Monday is
observed. Observance of such days by Government personnel shall not by
itself be cause for an additional period of performance or entitlement
of compensation except as set forth within the contract.

(End of Clause)

H-15 MISSION CRITICAL SPACE SYSTEM PERSONNEL RELIABILITYPROGRAM (NFS
1852.246-70) (MARCH 1997)

In implementation of the Mission Critical Space System Personnel
Reliability Program, described in 14CFR1214.5, the Government shall
identify personnel positions that are mission critical. Some of the
positions as identified may now or in the future be held by employees of
the Contractor. Upon notification of the Contracting Officer that a
mission-critical position is being or will be filled by one or more of
the Contractor's employees, the Contractor shall (1) provide the
affected employees with a clear understanding of the investigative and
medical requirements and, (2), to the extent permitted by applicable
law, assist the government by furnishing personal data and medical
records.

The standard that will be used in certifying individuals for a
mission-critical position is that they must be determined to be
suitable, competent, and reliable in the performance of their assigned
duties in accordance with the screening requirements 14CFR 1214.5. If
the Government determines that a contractor employee occupying or
nominated to occupy a mission-critical position will not be certified
for such duty, the Contracting Officer shall (1) furnish to the employee
the specific reasons for its action; (2) advise the employee that he/she
may avail himself/herself of the review procedures that are a part of
the certification system; and (3) furnish him/her a copy of those
procedures upon request.

If a Contractor employee who has been nominated for (but has not yet
filled) a mission-critical position is not certified, the Contractor
agrees to defer the appointment to the position until the employee has
had an opportunity to pursue the referenced procedures. If the employee
is an incumbent to the position, the Contractor agrees, upon the request
of the Government, to remove him/her from the position temporarily
pending an appeal of the action under the review procedures. If any
employee not certified elects not to take action under the procedures,
or, if having taken action, is no successful in obtaining a reversal of
the determination, the Contractor agrees not to appoint the employee to
the position, or if already appointed, to promptly remove the employee.

(End of Clause)

H-16 SECURITY CONTROLS AT KSC/VAFB (KSC 52.204-90) (NOV 2000) (MODIFIED)

A. Identification of Employees

1\. The contractor shall require each employee engaged on the work site
to display NASA-furnished identification badges and special access
badges at all times. The contractor shall obtain and submit badging
request forms for each person employed or to be employed by the
contractor under this contract. The contractor shall designate its own
security and badging officials to act as points-of-contact for the KSC
Security Office. Prior to proceeding with onsite performance, the
contractor shall submit the following information to the Protective
Services Branch, Code TA-E2, Kennedy Space Center:

a\. Contract number and location of work site(s)

b\. Contract commencement and completion dates

c\. Status as prime or subcontractor

d\. Names of designated security and badging officials

2\. Identification and badging of employees shall be accomplished as
soon as practicable after award of the contract. During performance of
the contract, the contractor shall, upon termination of an employee,
immediately deliver badges and/or passes issued to the employee to the
NASA Security Office. It is agreed and understood that all NASA
identification badges/passes remain the property of NASA, and the
Government reserves the right to invalidate such badges/passes at any
time.

B. Access to Controlled Areas within KSC/VAFB

1\. Certain areas within KSC/VAFB have been designated as Controlled
Areas. These are normally surrounded by fencing and have an entrance
gate monitored by a guard or monitoring device. Access into such areas
is classified into \"escorted\" or \"unescorted\" access. For each
employee for which the contractor desires to have unescorted access, the
prescribed forms must be submitted to the NASA Security Office. Due to
the time required to process requests for unescorted access, the
contractor is advised to complete and submit the required forms as soon
as practicable after contract award. Within 14 working days after the
receipt of the forms, the NASA Security Office will determine whether
the person is eligible for unescorted access.

2\. The prime contractor is responsible for providing escort services
for any of his employees and/or any subcontractor employees who are not
eligible for unescorted access.

3\. All requests for unescorted access by subcontractors will be
submitted through the prime contractor for forwarding to the NASA
Security Office.

(End of Clause)

H-17 OCCUPATIONAL HEALTH (KSC 52.223-93) (NOV 2000)(MODIFIED)

1\. Occupational Health Services at KSC

The medical services set forth in KMI 1810.1I entitled KSC Occupational
Medicine Program, will be provided to the contractor by the Government
to the extent that there will not be any restriction of the employees\'
rights under applicable Workers' Compensation statutory provisions.

Information from records generated as a result of rendition of these
medical services may be obtained from the Chief, Occupational Health
Branch, Code TA-C2, upon written request.

2\. Health Examinations and Physical Requirements Standards

The contractor shall provide the following data to the Chief,
Occupational Health Branch, Code TA-C2:

a\. A breakdown of the various health examinations required in support
of this contract; providing type, frequency, and a roster of personnel
affected.

b\. The applicable physical requirements standards for personnel
certification, if the contractor has physical requirements standards,
which are stricter than the applicable KSC (Federal) standards;
otherwise the KSC (Federal) physical requirements standards are
applicable to this contract.

3\. Occupational Health Services at VAFB

Emergency ambulance service shall be provided to the contractor by the
Government at Vandenberg Air Force Base, CA. The contractor shall be
responsible for all other contractor health services.

(End of Clause)

H-18 KSC INFORMATION TECHNOLOGY (IT) SECURITY PROGRAM (KSC 52.239-90)
(AUG 1999)

KSC Contractors that process NASA data shall comply with NASA\'s
Information Technology (IT) Security Program. Contractors shall ensure,
as computers are reassigned or excessed, that computers' hard disks are
erased so that sensitive data and Government-licensed software cannot be
recovered.

The Contractor shall comply with the following:

a)  NPD 2810.1, Security of Information Technology, available for review
    at
    http://nodis.hq.nasa.gov/Library/Directives/NASA‑WIDE/Policies/Legal_Policies/NPD_2810_1.html

b)  NPG 2810, Security of Information Technology, available for review
    at
    <http://www.ksc.nasa.gov/nasa-only/cio/nasadocs/npg2810_21may99.pdf>

c)  KDP-KSC-P-1836, Removing Data and Licensed Software from Information
    Technology Storage Devices, available for review under Kennedy
    Documented Procedures, (AA) at
    [http://wit.ksc.nasa.gov/BusinessWorld/html/ksc_procedures.html](http://wit.ksc.nasa.gov/BusinessWorld/html/ksc_procedures.html )

(End of Clause)

H-19 CONTROLS APPLICABLE TO CONTRACTOR\'S ACTIVITIES (KSC 52.242-90)
(DEC 2000)

The below listed Kennedy Space Center publications and subsequent
revisions thereof are applicable to this contract and are incorporated
herein by reference. These publications prescribe regulatory procedural
criteria, which are applicable to the contractor. The contractor, upon
receipt of notice of noncompliance with any provisions of the below
listed publications from the Contracting Officer or his representatives,
shall promptly take corrective action.

> JHB 2000 Consolidated Comprehensive Emergency Management Plan
>
> KHB 1200.1 \"Management of Facilities, Systems & Equipment Handbook\"
>
> KHB 1610.1 \"KSC Security Handbook\"
>
> KHB 1710.2 \"Kennedy Space Center Safety Practices Handbook\"
>
> KMI 1710.18 "KSC Safety Assurance Policy:
>
> KMI 1800.2 \"KSC Hazard Communication Program\"
>
> KMI 1810.1 Rev I KSC Occupational Medicine Program On-site Contractors
> shall comply with Attachment D, KSC Skin Cancer Prevention Program
>
> KMI 1860.1 \"KSC Radiation Protection Program\"
>
> KHB 1870.1 "KSC Sanitation and Pollution Control Handbook"
>
> KHB 2570.1 "KSC Radio Frequency Spectrum Management Handbook"
>
> KMI 2410.2 \"Information Resources Management\"
>
> KHB 4000.1 \"Supply Support System Manual, Part 5, Equipment
> Management\"
>
> KHB 8800.6 "KSC Environmental Control Handbook"
>
> KHB 8800.7 \"Hazardous Waste Management\"
>
> KMI 8800.8 \"KSC Environmental Management\"
>
> Construction Contractor's Safety Information & Requirements For KSC
> (Applicable to Construction Contracts Only)

(End of Clause)

H-20 CENTERWIDE WORKFORCE REPORTS (KSC 52.242-93) (NOV 2000)

The Contractor shall submit, on a quarterly basis (DRD-12 Quarterly
Headcount Report), a workforce report delineating information about its
workforce. The report shall include: the contract number, the
contractor\'s total on-site workforce, total on-site union represented
employees by bargaining unit, total on-site non-union represented
employees, and total off-site workforce performing on the contract. The
Contractor shall provide this information no later than 10 days after
the close of each reporting period, which end March 31st, June 30th,
September 30th, and December 31st. The report shall be submitted to the
Contracting Officer with copies to KSC Workforce Planning and Analysis
office (Code BA-D).

(End of Clause)

H-21 AUTHORIZED CHANGES (KSC 52.243-90) (FEB 1990)

The Contracting Officer or his duly appointed representative are the
only individuals authorized to issue instructions to the contractor in
matters relating to this contract. The identification, scope of
authority and duties of representatives of the Contracting Officer shall
be set forth in letters issued by the Contracting Officer and copies of
such designations shall be furnished to the Contractor.

(End of Clause)

H-22 CONDUCT OF FACILITY PROJECTS (KSC 52.236-130) (APR 2000)

A. Approval

The contractor shall not award or otherwise proceed with implementation
of any facility project without a NASA approved Facility Project - Brief
Project Document (NASA Form 1509). The contractor shall prepare or
otherwise support the preparation of NASA Form 1509\'s in accordance
with the current edition of NPG 8820.2, Facility Project Implementation
Handbook, and the current version of the KSC procedure for Facility
Project Approval and Implementation. For purposes of this requirement a
Facility Project is defined as any new construction, repair, and /or
modification affecting Government real property located on KSC
regardless of the source of funding, or located elsewhere and funded by
KSC, and costing more than \$50,000.

Planning and design activities leading to the implementation of the
actual construction, repair or modification work normally can be
accomplished prior to 1509 approval. When in doubt, guidance as to
whether or not a particular activity is a Facility Project, is
\"implementation\" versus \"planning and design,\" and / or the
applicability of this requirement in relation to specific projects
should be obtained from the KSC Spaceport Services Management
Integration Office.

B. File Documentation

Construction subcontract file documentation shall include a copy of the
approved NASA Form 1509 authorizing the project. For construction
subcontracts requiring Contracting Officer consent, the consent file
shall include a copy of the approved NASA Form 1509 authorizing the
project.

(End of Clause)

H-23 CONSTRUCTION AND LABOR PROVISIONS

In the event any portion of work to be performed under the contract are
deemed by the Contractor to fall within the "construction" category as
defined in FAR 22.400, the Contractor may place a subcontract for that
work.

The Construction Contract clauses as set forth in the General Provisions
shall be applicable to the extent of any "construction" work performed
under the contract. To the extent that there is an inconsistency between
other clauses referenced above, the latter shall govern.

The Contractor will utilize the current U.S. Department of Labor General
Wage Determination, available from the Contracting Officer, as the
minimum wages to be paid the classes of employees described therein in
the performance of work under the contract.

(End of Clause)

H-24 AMERICANS WITH DISABILITIES ACT, SECTION 508 POLICY

The contractor shall comply with accessibility requirements for
electronic and information technology access as defined in Section 508
of the Rehabilitation Act (29 U.S.C. 794d). Detailed requirements for
accessibility have been established by the Architectural and
Transportation Barriers Compliance Board (Access Board) at 36 CFR Part
1194.

(End of Clause)

H-25 HAZARD COMMUNICATION (KSC 52.223-94) (NOV 2000)

A. In order to comply with Federal, OSHA, and State Regulations, the
Contractor shall participate in the KSC Chemical Hazard Communication
Program as implemented by KMI 1800.2B, Chemical Hazard Communication.

B. The Contractor shall coordinate submission of hazardous material
safety data, to the NASA/KSC Materials Safety Data Sheet Archive, with
the Joint Base Operations Support Contract MSDS Program Administrator.

(End of Clause)

H-26 EMERGENCY MEDICAL TREATMENT (KSC 52.223-105) (JUL 2000)

The contractor shall immediately call (see below for applicable
telephone numbers) for assistance with personnel injury or illness for
any incident requiring emergency medical treatment for contractor or
subcontractor personnel, or invitees on KSC, or if any person on the job
site is rendered unconscious. The contractor shall require the victim to
sign an appropriate "refusal of treatment" form, if medical
evaluation/treatment is offered and refused.

> From KSC or CCAFS property: 911
>
> From a KSC issued cellular telephone: 867-7911
>
> From other than a KSC issued cellular telephone: 321-867-7911
>
> Commercial telephone users on KSC or CCAFS property: 911

(End of Clause)

H-27 NOTICE OF COMPLETION OF TASK ORDER

The Contractor shall notify the Contracting Officer\'s Technical
Representative, or authorized representative in writing upon completion
of each individual task order.

(End of Text)

\[End of Section\]