## JSC PROCUREMENT INSTRUCTION

## 

## PART 52

## 

## SOLICITATION PROVISIONS AND CONTRACT CLAUSES

## TABLE OF CONTENTS

## SUBPART 52.1 INSTRUCTIONS FOR USING PROVISIONS AND 

##  CLAUSES

52.102 Incorporating provisions and clauses.

## SUBPART 52.2 TEXT OF PROVISIONS AND CLAUSES

52.204-91 (C) G Security/Badging Requirements for Foreign National

Visitors and Employees of Foreign Contractors.

52.204-92 (C) G Use of JSC Calibration Laboratory.

52.209-90 (C) H Representations, Certifications, and Other Statements of

Offerors.

52.211-95 (C) F Completion of Work.

52.214-91 (P) L Submission of Bids by Commercial Carrier.

52.214-92 (C) L Order of Precedence.

52.215-91 (P) L Contract Award Quantities.

52.215-93 (P) L Instructions for Preparation of Technical Proposal.

52.215-98 (P) L Instructions for Preparation of Cost Proposal

(Competitive, Cost Type Contract).

52.215-99 (P) L Instructions for Preparation of Cost Proposal.

(Noncompetitive, Cost Type Contract).

52.215-105 (P) L Communications Regarding This Solicitation.

52.215-108 (P) L Submission of Proposal by Commercial Carrier.

52.216-95 (C) F Method of Placing Delivery Orders.

52.217-90 (C) F Option to Extend Completion Date.

52.219-90 (C) H Small Business Subcontracting Goals.

52.223-92 (C) G JSC Hazardous Materials Use.

52.227-90 (C) H Government Rights (Unlimited).

52.227-91 (C) H (Limited) Release of Contractor Confidential Business

Information (CBI).

52.231-91 (P) L Accounting for Lease Costs.

52.232-90 (C) G Submission of Invoices.

52.232-93 (C) G Understanding With Respect to Cost Variations.

52.232-94 (C) G Indirect Cost Ceilings.

52.236-92 (C) G Addressing Correspondence and Invoices.

52.236-101 (C) H Modification Proposals - Price Breakdown.

52.242-92 (C) G Identification of Employees.

52.242-93 (C) G Human Research Policy and Procedures.

1852.245-71 (C) G Installation-Accountable Government Property (JSC

Version -- User only).

1852.245-71 (C) G Installation-Accountable Government Property

(JSC Version - Custodian and User).

1852.245-77 (C) G List of Installation-Accountable Property and
Services.

52.245-90 (P) L Use of Government-Furnished Property.

52.245-91 (C) G Repair of Government Property.

52.245-97 (C) H Providing Facility Items.

52.246-90 (C) E Inspection and Acceptance.

52.246-91 (C) E Preliminary Inspection at Source and Final Inspection

and Acceptance at Destination.

52.246-92 (C) E Evaluation and Acceptance.

52.246-93 (C) E Quality Assurance Surveillance Plan.

52.246-94 (C) H Extended Warranties - Construction.

52.247-94 (C) F Shipping Instructions.

52.247-95 (C) F Flight Item.

The (C) or (P) following the JSC number identifies the item as a clause
or provision, respectively. The alphabetic character following the (C)
or (P) identifies the unified contract format section where the full
text version can be found in JSC Procedures 5100.2, \"Procurement
Document Generation Guidelines." For example: 52.247-94(C), Section F
Clause Listing, "Shipping Instructions," is a JSC clause identified on
page

F-2 of JSC Procedures 5100.2, JSC Procedures and Guidelines (Current
edition).

## JSC PROCUREMENT INSTRUCTION

## 

## PART 52 SOLICITATION PROVISIONS AND CONTRACT CLAUSES

## 

## SUBPART 52.1 INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES

## 

## 52.102 Incorporating provisions and clauses.

[**Procurement Document Generation** **Guidelines**]{.underline}

JSC Procedures and Guidelines 5100.2, "Procurement Document General
Guidelines" contains standard provisions, clauses, forms, etc., that are
to be used throughout the Office of Procurement organizations when
reviewing procurement documents.

\(c\) *Responsibility.*

\(1\) BD/Procurement Policy and Systems Office is responsible for:

[a]{.underline}. Maintaining and publishing JSC Procedures and
Guidelines 5100.2, "Procurement Document Generation Guidelines" and
appropriate revisions.

[b]{.underline}. Reviewing all issuances (Federal Acquisition Regulation
(FAR) revisions, NASA FAR Supplement (NFS), Procurement Notices, NASA
Management Instructions etc.) to ascertain their effect on clauses
and/or provisions.

[c]{.underline}. Issuing appropriate procedures to ensure that the
procurement staff is aware of new and/or changed clauses/provisions.

[d]{.underline}. Reviewing and coordinating suggested changes to JSC
Procedures and Guidelines 5100.2.

\(2\) The contracting officer/contract specialist is responsible for:

[a]{.underline}. Furnishing the correct text of all clauses incorporated
by reference when requested by a potential contractor or any incumbent
contractor.

[b]{.underline}. Assuring that the solicitation/contract contains all
the correct clauses in accordance with the incorporation-by-reference
procedures.

## JSC PROCUREMENT INSTRUCTION

## 

## PART 52 SOLICITATION PROVISIONS AND CONTRACT CLAUSES

## 

## SUBPART 52.2 TEXT OF PROVISIONS AND CLAUSES

## 52.204-91 Security/Badging Requirements for Foreign National Visitors and Employees/Representatives of Foreign Contractors. (MAR 2002) (JSC Procurement Instruction)

\[Include in all contracts that may require (1) contractor employees who
are foreign nationals, including those who have lawful permanent
resident (LPR) status (i.e., resident alien "green" card) or (2) U.S. or
foreign employees/representatives of contractors/subcontractor that have
foreign ownership and need to obtain access to the JSC site.\]

\(a\) An employee of a domestic Johnson Space Center (JSC) contractor or
its subcontractor who is not a U.S. citizen (foreign national) may not
be admitted to the JSC site for purposes of performing work without
special arrangements. In addition, all employees or representatives of a
foreign JSC contractor/subcontractor may not be admitted to the JSC site
without special arrangements. For employees as described above, advance
notice must be given to the Security Office of the host installation
\[JSC or White Sands Test Facility (WSTF)\] at least three weeks prior
to the scheduled need for access to the site so that instructions on
obtaining access may be provided.

\(b\) All visit/badge requests for persons described in (a) above must
be entered in the NASA Request for Request (RFR) and Foreign National
Management System (NFNMS) for acceptance, review, concurrence, and
approval purposes. When an authorized company official requests a JSC or
WSTF badge for site access, he/she is certifying that steps have been
taken to ensure that its contractor or subcontractor employees,
visitors, or representatives will not be given access to
export-controlled or classified information for which they are not
authorized. These individuals shall serve as the contractor's
representative(s) in certifying that all visit/badge request forms are
processed in accordance with JSC and WSTF security and export control
procedures. No foreign national, representative, or resident alien
contractor/subcontractor employee shall be granted access into JSC or
WSTF until a completed RFR has been approved and processed through the
NFNMS. Unescorted access will not be granted unless a favorable National
Agency Check (NAC) has been completed by the JSC Security Office.

\(c\) The contractor agrees that it will not employ for the performance
of work onsite at JSC or WSTF any individuals who are not legally
authorized to work in the United States. If the JSC or WSTF Industrial
Security Specialist or the contracting officer has reason to believe
that any employee of the contractor may not be legally authorized to
work in the United States and/or on the contract, the contractor may be
required to furnish copies of Form I-9 (Employment Eligibility
Verification), U.S. Department of Labor Application for Alien Employment
Certification, and any other type of employment authorization document.

The contractor agrees to provide the information requested by JSC or
WSTF Security Office in order to comply with NASA policy directives and
guidelines related to foreign visits to NASA facilities so that (1) the
visitor/employee/ representative may be allowed access to JSC or other
NASA centers for performance of this contract, (2) required
investigations can be conducted, and (3) required annual or revalidation
reports can be submitted to NASA Headquarters. All requested information
must be submitted in a timely manner in accordance with instructions
provided by JSC or any other center to be visited.

(End of clause)

## 52.204-92 Use of JSC Calibration Laboratory. (OCT 1997) (JSC Procurement Instruction)

\[Include in contracts on a cost-reimbursement basis with onsite and
local area contractors where the contractor may have a need for
calibration services.\]

The contractor shall utilize the services of the JSC Calibration
Laboratory to the maximum extent practicable for calibration of all
instruments (Government property or contractor property) utilized under
this contract, the total cost for maintenance of which would otherwise
be a direct charge to the Government. The procedures for obtaining
calibration of instruments are described in JSC Procedures and
Guidelines 5151.2 -- \"JSC Support Contractor Procedures and
Guidelines.\"

(End of clause)

## 52.209-90 Representations, Certifications, and Other Statements of Offerors. (SEPT 1988) (JSC Procurement Instruction)

\[Use to incorporate by reference Section K as submitted by offeror when
contract execution requires a bilateral document. Fill in proposal
number and date.\]

This contract incorporates Section K, Representations, Certifications,
and Other Statements of Offerors, as set forth in the contractor\'s
proposal \[*Insert number*\] dated \[*insert date*\] by reference, with
the same force and effect as if it were given in full text.

## (End of clause)

## 52.211-95 Completion of Work. (OCT 2001) (JSC Procurement Instruction)

All work required under this contract, including submission of all
reports, shall be completed on or before \[*insert date*\].

(End of clause)

## 52.214-91 Submission of Bids by Commercial Carrier. (APR 2003) (JSC Procurement Instruction)

\[All Invitations for Bids.\]

Bidders are advised that bids sent to JSC by commercial carrier (e.g.,
Federal Express, Purolator, United Parcel Service) are NOT delivered
directly to the place designated in the solicitation for submission of
bids. All parcels and packages delivered by commercial carriers are
routed to the Transportation Branch in Building 421 at JSC. If such a
parcel contains on its visible exterior surface the information required
by the \"Submission of Bids\" provision of this solicitation (i.e., the
time specified for receipt, the solicitation number, and the name and
address of the bidder), it will be handled on an expedited basis by the
Transportation Branch; however, depending on when it is received by the
Transportation Branch, it MAY OR MAY NOT be received by the office
designated for receipt of bids by the required time. Transportation
Branch personnel will NOT open the commercial carrier\'s package to
determine its contents.

In view of the above, bidders who choose to submit bids by a commercial
carrier should, if they want to have reasonable assurance that their
bids will be timely received at the place designated in the
solicitation, do the following:

\(a\) Make sure that the carrier puts the information required by the
\"Submission of Bids\" provision ON THE EXTERIOR OF THE ENVELOPE IN
WHICH HE/SHE DELIVERS THE PARCEL, and

\(b\) Get the bid to the carrier in time for it to be delivered to the
Transportation Branch at JSC ON THE DAY BEFORE THE SCHEDULED BID
OPENING.

While taking the above steps should normally result in the timely
receipt of bids, bidders are reminded that bids may be sent by U.S.
Mail, and that clear and precise rules regarding the consideration of
late submissions are set forth in the solicitation provision titled
\"Late Submissions, Modifications, and Withdrawals of Bids.\" Bidders
are further reminded that it is their responsibility to get their bids
to the designated place on time. Bids which are sent by commercial
carrier are considered to be handcarried, and, if they are received late
at the place designated in the solicitation, they will only be
considered if it is shown that the sole or paramount cause for the late
receipt was some Government impropriety.

(End of provision)

## 52.214-92 Order of Precedence. (APR 1993) (JSC Procurement Instruction)

\[Include in fixed-price construction contracts or a fixed-price
dismantling, demolition, or removal of improvements contract which
include Clauses 52.214-29, "Order of Precedence-Sealed Bidding,\" and
52.236-21, \"Specifications and Drawings for Construction.\"\]

For purposes of the \"Order of Precedence - Sealed Bidding\" clause of
this contract, drawings shall be considered a subset of the
specifications and not \"other documents, exhibits, and attachments.\"

(End of clause)

## 52.215-91 Contract Award Quantities. (JAN 2000) (JSC Procurement Instruction)

\[Include in competitive Request for Proposal if award will not be
considered for less than total quantities solicited.\]

Proposals for quantities less than specified in the solicitation will
not be considered for award (Reference paragraph (c)(4) of solicitation
provision 52.215-1 Instruction to Offerors---Competitive Acquisitions).

(End of clause)

## 52.215-93 Instructions for Preparation of Technical Proposal. (DEC 1999) (JSC Procurement Instruction)

\[Include in solicitations requiring a technical proposal.\]

Offerors shall submit information in their proposals in response to the
items set forth below. In addition to responding to these items,
offerors should include in their proposals any additional information
that demonstrates their understanding of the work and their ability to
perform it.

\(a\) Provide information which demonstrates your understanding of the
work to be performed. Your discussion should include identification and
proposed resolution of any potential problems likely to be encountered
during contract performance. It should also reflect an understanding of
the technologies involved in performing the work by indicating, for
example, the application of new techniques, methods, or materials or
innovative approaches to optimize product performance.

\(b\) Discuss how you plan to accomplish the work from a technical and
schedule standpoint. Your discussion should include a master schedule of
events, supported as appropriate by lower level schedule milestones.
Provide a work breakdown structure showing the content of the elements
of the work to be performed and the resources needed to accomplish each
element. Resources should be identified in sufficient detail to permit
an assessment of the adequacy of the types and amounts of manpower
skills proposed, the amounts and kinds of materials, computer time,
special tooling or test equipment, and other items as applicable to the
proposed method of implementation. A format for the submittal of the
offeror's proposed resources requirement is included in provision
52.215-98 (Instructions for Preparation of Cost Proposal).

\(c\) Provide information showing that your proposed approach is likely
to result in products which will satisfy the requirements of the
statement of work. Such information should include, by way of example
and as appropriate, designs, drawings, sketches, charts, graphs, and
other pictorial or graphic information; and trade studies, analyses,
test results, or other supporting data.

\(d\) Provide descriptions and location of the research, test, and
production equipment and facilities that will be available for use in
performing the work. If any proposed facilities or equipment are not in
place at time of proposal submission, discuss the schedule for and
method of acquisition.

\(e\) If a key personnel factor or criterion is included in Section M,
provide complete resumes for all key personnel proposed. This
information must cover, as a minimum, the experience, education and
training, capability, and commitment of the individuals proposed. In
addition, names of customer references must be provided so that the
performance of these individuals can be verified.

(End of provision)

## 52.215-98 Instructions for Preparation of Cost Proposal (Competitive, Cost Type Contract). (DEC 1999) (JSC Procurement Instruction)

\[Include in solicitations for competitive, cost type contracts over
\$500K. The wording for this provision may be tailored where necessary
to fit your particular procurement.\]

Your cost proposal shall encompass all costs associated with the
requirements of the contemplated contract and shall comply with
applicable Federal Acquisition Regulation (FAR), NASA FAR Supplement
(NFS), and governing statutory requirements, including Public Law
87-653, Truth in Negotiations Act, and Public Law 100-679, Cost
Accounting Standards.

To ensure that the Government is able to perform a fair assessment of
the proposed cost, each offeror is required to submit the following
information that will allow for evaluation of resources, cost realism,
completeness and reasonableness. Each cost proposal shall be suitable
for evaluation and include supporting information cross-referenced to
allow traceability/reconciliation to the technical/management
proposal(s). These instructions apply to the prime contractor and all
subcontractors with an annual estimated value that exceeds \$ \[*insert
appropriate value tailored to the particular procurement*\].

All pricing and estimating techniques shall be clearly explained in
detail (projections, rates, ratios, percentages, factors, etc.) and
shall support the proposed costs in such a manner that audit,
computation, and verification can be accomplished. Also, any experience
factors (unit prices, hours, quantities, etc.) and judgmental
projections shall be explained. All past actuals shall show the periods
of time and costs in detail when used as a basis for estimating the
proposed costs. The offeror shall discuss the rationale for any
escalation proposed for each cost element. The offeror shall also
include the company\'s escalation history for each cost element for the
past 3 years.

The offeror\'s proposed costs will be evaluated for cost realism to
determine if the costs are realistic for the work to be performed, if
the costs reflect a clear understanding of the requirements, and if the
costs are consistent with the various elements of the technical
proposal.

\(a\) Requirement for Resources Information

*(1)* *Proposed Labor Resources Schedule.*

The offeror shall provide a complete schedule of proposed labor in
sufficient detail to allow analysis of labor requirements time-phased
and identified by tasks or contract line items over the estimated term
of the contract by Standard Labor Categories (SLC's). SLC's are provided
below to facilitate a consistent evaluation among offerors. The data is
required at the \[*insert appropriate level tailored to the particular
procurement*\] Work Breakdown Structure (WBS) level.

SLC's are to be used by all offerors for proposal purposes only. The
offeror should map their labor categories to the SLC's. The offerors
should provide a brief job description along with the form to allow for
a NASA and Defense Contract Audit Agency audit review based on the
offeror's estimating system.

> [Standard Labor Category:]{.underline} \[*State applicable category\]*
>
> [Job Description:]{.underline} \[*Insert applicable description\]*

  --- -------------------- -----------------------------------------------
  1   Ex. Mgmt/Super       First level supervisor and above

  2                        

  3                        
  --- -------------------- -----------------------------------------------

**[Note to buyers (for RFP proposal-instruction purposes only -- bolded
information does not go in RFP): the WBS level for requesting resources
data and developing the level of summary SLC's is to be customized for
individual procurements. Both the WBS level and the type and quantity of
SLC's should be based on the absolute minimum level and amount of data
needed to perform the evaluation (e.g., do not request resources data at
the 5^th^ level WBS if the 3^rd^ level is sufficient to determine cost
realism, and do not develop 20 SLC's if 5 appropriately chosen
categories will provide sufficient data to perform an adequate
evaluation). This section should be coordinated with the technical
evaluators.]{.underline}**

The summary level resource data shall be provided in the excel format
included as attachment "[Labor Resources
Template](../Labor%20Resources%20Template.xls)." Supporting rationale
shall be submitted as a word document and shall be adequately
cross-referenced to facilitate evaluation.

This form shall be submitted at the combined, prime plus subcontractor,
level to NASA.

*(2)* *Proposed Other Direct Cost (ODC) Resources Table*

The offeror shall provide an estimated cost for ODC which shall include,
but not be limited to, materials, subcontracts, software maintenance,
hardware maintenance, equipment, travel, training, and facilities. ODC
shall be time-phased and identified by cost element over the estimated
term of the contract.

The ODC resource information shall be provided in the excel format
included as attachment "[ODC Resources
Template](../ODC%20Resources%20Template.xls)." The rationale shall
support the [quantity]{.underline} of

ODC (e.g., square footage, requirements for facilities or number of
trips required for travel). The pricing data for facilities such as cost
per square foot and pricing data for travel such as cost per trip, is to
be included in the adequately crossed-referenced supporting rationale.
The basis for computer estimates should include a description of the
types of computers, number of hours, hourly rate, and basis of hourly
rate. Consultant costs must be broken into the basic hourly/daily labor
rate and indirect costs. Explain ODC that will be directly charged to
the contract which were not identified above. The supporting rationale
associated with the proposed ODC resources shall be submitted as a word
document and shall be adequately cross-referenced to facilitate a
comprehensive evaluation.

The following supplemental cost data, where appropriate, shall be
submitted:

[Direct Material:]{.underline}

\(1\) Purchased Parts - For major items, provide a description of the
manufacturer\'s part number, quantity, unit cost, total costs,
anticipated source (manufacturer), and basis of estimate (e.g., vendor
quote, prior buy, engineering estimate).

\(2\) Subcontracted Items - Provide a separate cost breakdown for each
major subcontract.

\(3\) Raw Materials - Provide a list similar to that for the Purchased
Parts list.

\(4\) Interdivisional Transfers (between plants and divisions) - Provide
a separate breakdown of costs.

# Requirement for Other Than Cost or Pricing Data Information

The offeror shall include the forms listed below in its proposal. The
forms are designed to provide NASA with information necessary to perform
a cost analysis. In completing the forms, the offeror shall propose cost
elements in a manner that is consistent with its disclosed and/or
approved estimating and accounting practices. Certain elements of cost
on the NASA forms are specified as ODC (for example facilities),
however, when these costs are normally treated as an indirect expense in
overhead, the offeror shall propose such costs in overhead and note this
in the ODC rationale.

[Cost Summary Template](../Cost%20Summary%20Template.xls) (CST): This
template serves as a summary of the proposed contract labor hours, cost
and fee by contract period. The CST shall capture and reconcile to all
elements of cost pertaining to the direct and indirect templates. A
reference column has been provided on the templates for the offeror to
use to identify the supporting data for each cost element. The detailed
data should be clearly displayed so that the Government may understand
the cost development and computations.

[Labor Hours-Cost-Rates Template](../Labor%20Pricing%20Template.xls):
This template shall support and reconcile to the direct labor hours and
costs shown on the CST and proposed Labor Resources Schedule. This
template serves to identify all compensated (straight time and overtime)
and uncompensated productive hours and costs. Supporting data shall
include rationale for the starting direct labor rates and escalation
used to calculate the annual rates per year for each labor category.
Include the offeror's uncompensated overtime policies and history if
proposed.

[Overhead Template](../Overhead%20Template.xls): This template shall
provide insight into the composition of the burden pool for the proposed
overhead rates. A separate template for each of the proposed burden
pools is to be completed. In addition, provide overhead cost history for
the prior three years and for the term of the contract. The basis for
projections of overhead shall also be provided and an explanation in
support of any significant changes in either expenses or base of
application that exist from one year to the next. In the event the
offeror's fiscal year and anticipated contract year do not coincide, the
offeror shall complete the rate reconciliation showing how the fiscal
year overhead rates result in the proposed overhead rates for each
contract year.

[G&A Template](../G&A%20Template.xls): This template shall provide
insight into the composition of the burden pool for the proposed General
and Administrative (G&A) rate. Identify the estimated G&A expense and
explain the method for its calculation. Provide G&A cost history
including the actual expense pool and application base amounts for the
prior three years. The basis for projections of G&A shall also be
provided and an explanation in support of any significant changes in
either expenses or base of application that exist from one year to the
next. In the event the offeror's fiscal year and anticipated contract
year do not coincide, the offeror shall complete the rate reconciliation
showing how the fiscal year G&A rate results in the proposed G&A rate
for each contract year.

The following supplemental cost data, where appropriate, shall be
submitted:

> a\. [Financial Accounting Standard (FAS) 13 Analysis]{.underline}:
>
> The offeror shall perform and submit a copy of FAS 13 analysis, as
> required by FAR 31.205-36 and FAR 31.205-11, in determining the
> classification of a lease as operating or capital.

b\. [Cost of Money for Facilities Capital:]{.underline}

The offeror may choose to include the cost of money for facilities
capital as authorized by Cost Accounting Standard (CAS) 414 and FAR
31.205-10 in the proposal. However, it is NASA policy to offset CAS 414
costs dollar for dollar by reducing the fee/profit during negotiations.

In the event the offeror does not propose cost of money for facilities
capital, FAR clause 52.215-17, "Waiver of Facilities Capital Cost of
Money" will be included in the contract.

c\. [Fee:]{.underline}

> Provide a description of your proposed fee structure.

[COMPUTERIZED COST PROPOSAL INPUT]{.underline}

[General Instructions]{.underline}

The Government intends to use a personal computer with Microsoft Excel
to aid in the evaluation of the cost proposal. In addition to the
hardcopy requirements of the preceding section, the offeror and
subcontractors are required to submit electronic cost data including
formulas.

Each disk provided is to have an external label affixed indicating:

\(1\) The name of the offeror

(2) The name of the subcontractor, if applicable

\(3\) The RFP number.

\(4\) An indication of the files or range of files contained on the
disk.

(End of provision)

## 52.215-99 Instructions for Preparation of Cost Proposal (Noncompetitive, Cost Type Contract). (DEC 1999) (JSC Procurement Instruction)

\[Include in solicitations for noncompetitive, cost type contracts over
\$500K. The wording for this provision may be tailored where necessary
to fit your particular procurement.\]

The cost proposal shall encompass all costs associated with the
requirements of the contemplated contract and will comply with
applicable Federal Acquisition Regulation (FAR), NASA FAR Supplement
(NFS), and governing statutory requirements, including Public Law
87-653, Truth in Negotiations Act, and Public Law 100-679, Cost
Accounting Standards.

The cost proposal shall be prepared in accordance with Table 15-2,
"Instructions for Submitting Cost/Price Proposals When Cost or Pricing
Data are Required" of FAR 15.408. These instructions apply to the prime
contractor and all subcontractors with an annual estimated value that
exceeds \$ \[*insert appropriate value tailored to the particular
procurement*\]. In addition to the information detailed in Table 15-2,
the offeror shall provide the following:

[Cost Summary Template](../Cost%20Summary%20Template.xls) (CST): This
template serves as a summary of the proposed contract labor hours, cost
and fee by contract period. The CST shall capture and reconcile to all
elements of cost pertaining to the Labor Hours-Cost Rates Template. A
reference column has been provided on the templates for the offeror to
use to identify the supporting data for each cost element. The detailed
data shall be clearly displayed so that the Government may understand
the cost development and computations.

[Labor Hours-Cost-Rates Template](../Labor%20Pricing%20Template.xls):
This template shall support and reconcile to the direct labor hours and
costs shown on the CST. This templates serves to identify all
compensated (straight time and overtime) and uncompensated productive
hours and costs. Supporting data shall include rationale for the
starting direct labor rates and escalation used to calculate the annual
rates per year for each labor category. Include the offeror's
uncompensated overtime policies and history if proposed.

All pricing and estimating techniques shall be clearly explained in
detail (projections, rates, ratios, percentages, factors, etc.) and
shall support the proposed costs in such a manner that audit,
computation, and verification can be accomplished. Also, any experience
factors (unit prices, hours, quantities, etc.) and judgmental
projections shall be explained. All past actuals shall show the periods
of time and costs in detail when used as a basis for estimating the
proposed costs. The offeror shall discuss the rationale for any
escalation proposed for each cost element. The offeror shall also
include the company\'s escalation history for each cost element for the
past 3 years.

The following supplemental cost data, where appropriate, should be
submitted:

a.  [Resources (labor and ODC)]{.underline}:

Provide the pricing basis of estimate (BOE) associated with all proposed
labor and ODC resources. The offeror should provide in its proposal a
schedule of the type (skill mix) and quantity of labor resources at the
\[*insert appropriate level tailored to the particular procurement*\]
Work Breakdown Structure level. A detailed BOE for the proposed labor
resources including supporting documentation should be included.

The ODC resources should be provided at the \[*insert appropriate level
tailored to the particular procurement*\] Work Breakdown Structure
level. The BOE shall be as comprehensive as that for labor. For example,
for facilities include the cost per square feet, and for materials
provide unit prices if applicable. Explain travel costs by providing
origin and destination of trips, number of trips, days per trip, number
of persons per trip, airfares, per diem, and other costs (car rental,
etc.). The basis for computer estimates should include a description of
the type of computers, number of hours, hourly rate, and basis of hourly
rate. Consultant costs must be broken into the basic hourly/daily labor
rate and indirect costs. Explain other direct costs which will be
directly charged to the contract which were not identified above.

b\. [Financial Accounting Standard (FAS) 13 Analysis]{.underline}:

The offeror shall perform and submit a copy of FAS 13 analysis as
required by FAR 31.205-36 and FAR 31.205-11, in determining the
classification of a lease as operating or capital.

c\. [Cost of Money for Facilities Capital:]{.underline}

The offeror may choose to include the cost of money for facilities
capital as authorized by Cost Accounting Standard (CAS) 414 and FAR
31.205-10 in the proposal. However, it is NASA policy to offset CAS 414
costs dollar for dollar by reducing the fee/profit during negotiations.

In the event the offeror does not propose cost of money for facilities
capital, FAR clause 52.215-17, "Waiver of Facilities Capital Cost of
Money" will be included in the contract.

d\. [Fee]{.underline}:

State the amount of fee/profit for which the offeror will perform the
proposed contract, and explain the rationale used in arriving at the
proposed amount. If you propose cost of money for facilities capital,
show the calculations used in reducing your proposed fee/profit dollar
for dollar as required in NFS 1815.404-470(d)(1).

[COMPUTERIZED COST PROPOSAL INPUT]{.underline}

[General Instructions]{.underline}

The Government intends to use a personal computer with Microsoft Excel
to aid in the evaluation of the cost proposal. In addition to the
hardcopy requirements of the preceding section, the offeror and
subcontractors are required to submit electronic cost data including
formulas.

Each disk provided is to have an external label affixed indicating:

\(1\) The name of the offeror

1.  

\(2\) The name of the subcontractor, if applicable

\(3\) The Request for Proposal number.

> \(4\) An indication of the files or range of files contained on the
> disk.

(End of provision)

## 52.215-105 Communications Regarding This Solicitation. (DEC 1999) (JSC Procurement Instruction)

\[To establish point of contact.\]

Any communications in reference to this solicitation shall cite the
solicitation number and be directed to the following Government
representative:

> Name: \[*TO BE COMPLETED*\]
>
> Phone: 281-483-\[*insert number*\] OR 244-\[*insert number*\]
>
> (collect calls not accepted)
>
> Address: NASA Johnson Space Center
>
> Attn: \[*Insert name*.\]
>
> Mail Code: \[*Insert mail code*.\]
>
> 2101 NASA Road 1
>
> Houston, TX 77058-3696

QUESTIONS REGARDING THIS SOLICITATION MUST BE PRESENTED IN WRITING and
should be submitted to the above address within 10 days of the RFP issue
date in order that answers may be obtained and disseminated in a timely
manner, since it is not expected that a proposal submission date can be
extended. Oral questions are not desirable due to the possibility of
misunderstanding or misinterpretation. Questions shall not be directed
to the technical activity personnel.

**Note: Any written communications should include the mail code on the
envelope to expedite processing.**

(End of provision)

## 52.215-108 Submission of Proposals by Commercial Carrier. (SEPT 1988) (JSC Procurement Instruction)

\[All competitive Request for Proposals.\]

Offerors are advised that proposals sent to JSC by commercial carrier
(e.g., Federal Express, Purolator, United Parcel Service) are NOT
delivered directly to the place designated in the solicitation for
submission of proposals. All parcels and packages delivered by
commercial carriers are routed to the Transportation Branch in Building
421 at JSC. If such a parcel contains on its visible, exterior surface
the information required by the \"Submission of Offers\" provision of
this solicitation (i.e., the time specified for receipt, the
solicitation number, and the name and address of the offeror), it will
be handled on an expedited basis by the Transportation Branch; however,
depending on when it is received by the Transportation Branch, it MAY OR
MAY NOT be received by the office designated for receipt of proposals by
the required time. Transportation Branch personnel will NOT open the
commercial carrier\'s package to determine its contents.

In view of the above, offerors who choose to submit proposals by a
commercial carrier should, if they want to have reasonable assurance
that their proposals will be received in a timely manner at the place
designated in the solicitation, do the following:

\(a\) Make sure that the carrier puts the information required by the
\"Submission of Offers\" provision ON THE EXTERIOR OF THE ENVELOPE IN
WHICH HE/SHE DELIVERS THE PARCEL, and

\(b\) Get the proposal to the carrier in time for it to be delivered to
the Transportation Branch at JSC ON THE DAY BEFORE THE SCHEDULED TIME
DESIGNATED FOR RECEIPT OF PROPOSALS.

While taking the above steps should normally result in the timely
receipt of proposals, offerors are reminded that proposals may be sent
by U.S. Mail, and that clear and precise rules regarding the
consideration of late submissions are set forth in the solicitation
provision titled \"LATE SUBMISSIONS, MODIFICATIONS, AND WITH-DRAWALS OF
PROPOSALS.\" Offerors are further reminded that it is their
responsibility to get their proposals to the designated place on time.
Proposals which are sent by commercial carrier are considered to be
handcarried, and, if they are received late at the place designated in
the solicitation, they will only be considered if it is shown that the
sole or paramount cause for the late receipt was some Government
impropriety.

(End of provision)

## 52.216-95 Method of Placing Delivery Orders. (SEPT 1998) (JSC Procurement Instruction)

\[Insert in solicitations and contracts when a definite-quantity
contract, a requirement contract, or an indefinite-quantity contract is
contemplated\].

Delivery Orders may be placed only by the contracting officer. Delivery
Orders will be in writing on JSC Form 1429 or orally, followed by
written confirmation. Delivery Orders will be numbered \"1,\" second
will be Number \"2\", and each succeeding Delivery Order will be
numbered consecutively.

Each Delivery Order placed against this contract shall consist of the
following information: (A) delivery order number and contract number;
(B) place of delivery or performance (including consignee); (C)
item/items ordered, including quantity, unit price, and amount of each;
(D) date of order, and required delivery date; (E) name of person
placing order; (F) funding and appropriation data; (G) Procurement
placement code; (H) total amount; (I) signature of the contracting
officer.

Amendments to orders may be issued in the same manner as original
orders. Each order or amended order shall contain a citation of funds
from which payment for the supplies or services ordered shall be made.

(End of clause)

## 52.217-90 Option to Extend Completion Date. (OCT 1996) (JSC Procurement Instruction)

\[Include in contracts that include options to extend the completion
date. Contract specialist must list changes to be made if option is
exercised.\]

The Government may require the contractor to continue to perform
services under this contract. The contracting officer may exercise this
option by issuance of a unilateral contract modification 30 days or more
before the completion date set forth in Section F. Should the option be
exercised, the resultant contract will include all terms and conditions
of the basic contract as it exists immediately prior to the exercise of
the option, except for the following changes:

\[*List any exceptions here, if applicable.*\]

(End of clause)

**52.219-90 Small Business Subcontracting Goals.** (JAN 2003) (JSC
Procurement Instruction

\[Include if clause 52.219-9 is in contact and subcontracting goals were
stated in RFP.\]

For purposes of this clause, the terms, "HUBZone Small Business
Concern," "Small Disadvantaged Business Concern," "Veteran-Owned Small
Business Concern," "Service-Disabled, Veteran-Owned Small Business
Concern," "Women-Owned Small Business Concern," and "Historically Black
College or University (HBCU)" are defined in paragraph 2.101 of the
Federal Acquisition Regulation.

The total small business goal, expressed as a percent of total contract
value, is \_\_\_\_\_ percent, including options. The small business
percentage goal, (\_\_\_\_\_ percent), includes the following goals
expressed as a percent of total contract value:

Small Disadvantaged Business Concerns \_\_\_\_\_\_ percent

Woman-Owned Small Business Concerns \_\_\_\_\_\_ percent

HUBZone Small Business Concerns \_\_\_\_\_\_ percent

Veteran-Owned Small Business Concern \_\_\_\_\_\_ percent

Service-Disabled, Veteran-Owned Small Business Concern \_\_\_\_\_\_
percent

HBCU's (includes other minority institutions) \_\_\_\_\_\_ percent

## End of clause

## 52.223-92 JSC Hazardous Materials Use. (DEC 1999) (JSC Procurement Instruction)

\[Include in all contracts and purchase orders where hazardous materials
will be or may be reasonably expected to be utilized onsite at JSC. This
is a mandatory flowdown to subcontracts.\]

\(a\) This clause is JSC-unique, and the requirements are in addition to
any U.S. Environmental Protection Agency, U.S. Occupational Safety and
Health Administration, or other state or Federal regulation or statute.
Therefore, the following requirements do NOT supercede any statutory or
regulatory requirements for any entity subject to this clause.

\(b\) \"Hazardous materials,\" for the purposes of this clause, consist
of the following:

\(1\) Those materials defined as \"highly hazardous chemicals\" in
Occupational Safety and Health Administration Process Safety Management
Regulation, 29 Code of Federal Regulation 1010.119, without regard for
quantity.

\(2\) Those \"extremely hazardous substances\" subject to the emergency
planning requirements in the Environmental Protection Agency Emergency
Planning and Community Right-to-Know Regulation, 40 Code of Federal
Regulation 355, Part 355, without regard for quantity.

\(3\) Those \"hazardous substances\" subject to the release notification
requirements under Environmental Protection Agency\'s Emergency Planning
and Community Right-to-Know Regulation, 40 Code of Federal Regulation
302.4, without regard for quantity.

\(4\) Any radioisotope material or device that produces ionizing
radiation.

2.  \(5\) Any Class II, III, or IV laser as defined by the American
    National Standards Institute No. Z136.1 (1986)

\(6\) Any explosive or any pyrotechnics.

\(7\) Any pesticide.

\(c\) The contractor shall develop and maintain an inventory listing the
identity and quantity of hazardous materials stored or used onsite at
JSC for the performance of the contract.

\(d\) The contractor shall ensure that the proper training of its
employees in the use and inherent hazards of these materials is
accomplished prior to use.

\(e\) The contractor shall notify the JSC Occupational Health and Test
Support Office (SD13) prior to any initial use or different application
of these materials.

\(f\) The contractor shall use all hazardous materials properly and take
all necessary precautions to ensure no harm is done to humans or the
environment.

\(g\) The contractor shall insert the substance of this clause,
including this Paragraph F with appropriate changes of designations of
the parties, in subcontracts under which hazardous materials will be
utilized, or may reasonably be expected to be utilized, onsite at JSC.

\(h\) In the event the contractor fails or refuses to comply with any
aspect of this clause, such failure or refusal may be considered a
material breach of this contract.

(End of clause)

## 52.227-90 Government Rights (Unlimited). (FEB 1994) (JSC Procurement Instruction)

\[Include in all Architect-Engineer contracts.\]

The Government shall have the unlimited rights for the benefit of the
Government in all drawings, designs, specifications, notes, and other
work developed in the performance of this contract, including the right
to use same on any other Government work without additional cost to the
Government, and with respect thereto, the Architect-Engineer agrees to
and does hereby grant to the Government a royalty-free license to all
such data which may be covered by copyright and to all designs as to
which any rights may be asserted or any claims established under the
design patent or copyright laws. The Architect-Engineer for a period of
3 years after completion of the project agrees to furnish and to provide
access to the originals or copies of all such materials on the request
of the contracting officer.

(End of clause)

**52.227-91 (Limited) Release of Contractor Confidential Business
Information (CBI).** (MAY 2002) \[Include in all contracts.\]

\(a\) NASA may find it necessary to release information submitted by the
contractor pursuant to the provisions of this contract, to individuals
not employed by NASA. Business information that would ordinarily be
entitled to confidential treatment may be included in the information
released to these individuals. Accordingly, by signature on this
contract, the contractor hereby consents to a limited release of its
confidential business information (CBI).

\(b\) Possible circumstances where the Agency may release the
contractor\'s CBI include the following:

\(1\) To other Agency contractors and subcontractors, and their
employees tasked with assisting the Agency in handling and processing
information and documents in the administration of Agency contracts,
such as providing post-award audit support and specialized technical
support to NASA.

\(2\) To NASA contractors and subcontractors, and their employees
engaged in information systems analysis, development, operation, and
maintenance, including performing data processing and management
functions for the Agency.

\(c\) NASA recognizes its obligation to protect the contractor from
competitive harm that could result from the release of such information
to a competitor. Except where otherwise provided by law, NASA will
permit the limited release of CBI under subparagraphs (1) or (2) only
pursuant to non-disclosure agreements signed by the assisting contractor
or subcontractor, and their individual employees who may require access
to the CBI to perform the assisting contract.

\(d\) NASA's responsibilities under the Freedom of Information Act are
not affected by this clause.

\(e\) The contractor agrees to include this clause, including this
paragraph (e), in all subcontracts at all levels awarded pursuant to
this contract that require the furnishing of CBI by the subcontractor.

(End of clause)

**52.231-91 Accounting for Lease Costs**. (DEC 1999) (JSC Procurement
Instruction)

\[Include in all solicitations for cost‑type contracts with a period of
performance of 5 years or more.\]

This solicitation covers a period of \[insert number\] years, including
the basic contract and all options to extend period of performance. In
providing for offsite facilities, it is possible that the contractor may
lease space and that any resulting lease agreement may be for the entire
life of the contract. In this regard, offerors should be aware that
Financial Accounting Standards (FAS) apply to Government contracts
through their incorporation into the Federal Acquisition Regulation (see
FAR 31.205-36). Of particular interest in this context is the Statement
of Financial Accounting Standards (SFAS) No. 13, \"Accounting for
Leases\". The amount of lease costs that will be allowable under the
contract will depend, in part, on whether the lease is considered to be
\"operating\" (wherein lease costs would be allowable if otherwise
allocable and reasonable) or \"capital\" (in which case, allowable lease
costs would be limited to what the cost would have been if the
contractor had acquired the facility and depreciated it).

Whether a lease is properly characterized as an operating lease or a
capital lease depends upon criteria established by SFAS-13, which
states, in pertinent part, that a lease is a capital lease if (1) the
lease transfers ownership of the property to the lessee; (2) the lease
contains a bargain purchase option; (3) the lease term is equal to 75
percent or more of the estimated economic life of the leased property;
or (4) the present value of minimum lease payments equals 90 percent or
more of the fair market value of the leased property. It should be noted
that SFAS-13 provides that the determination as to whether a lease is
operating or capital is to be made at the inception of the lease. An
analysis is also required at the time an option is exercised if it is
considered a "new agreement" in accordance with the provisions of FAS
13.

Under SFAS-13 criteria 3 and 4 above, the issue as to whether a lease is
capital or operating may depend not only upon the apparent lease term
expressed in the lease, but also upon whether termination of the lease
before the expiration of the term is \"reasonably possible\" or a
\"remote contingency\". SFAS-5 (applicable to SFAS-13) defines
\"reasonably possible\" as \"the chance of the future event or events
occurring is more than remote but less than likely.\" The definition of
\"remote contingency\" is \"the chance of the future event or events
occurring is slight.\"

The offeror shall submit copies of any proposed lease, along with a
statement of whether it considers the lease to be capital or operating,
for purposes of reimbursement under the contract. The offeror should
also include an analysis detailing the cost impact of treating the lease
as an operating lease and the cost impact of treating the lease as a
capital lease. The offeror shall also, whether it considers the lease to
be operating or capital, submit the rationale therefore, with sufficient
substantiation to enable the Government to conclude that the offeror\'s
categorization and proposed cost of the lease is correct. The offeror
should explain where these costs are included in the cost proposal
elements.

(End of provision)

**52.232-90 Submission of Invoices**. (OCT 1993) (JSC Procurement
Instruction)

\[Include in fixed-price contracts.\]

Invoices shall be prepared and submitted in quadruplicate unless
otherwise specified. Invoices shall contain the following information as
applicable: contract and order number, item numbers, description of
supplies or services, sizes, quantities, unit prices, and extended
totals. Invoices shall be submitted to:

NASA Johnson Space Center

Attn: Mail Code/Name

2101 NASA Road 1

Houston, TX 77058-3696

In the event that amounts are withheld from payment in accordance with
the New Technology Clause or other provisions of this contract, a
separate invoice for the amount withheld will be required before payment
for that amount may be made.

(End of clause)

**52.232-93 Understanding with Respect to Cost Variations**. (MAR 1989)
(JSC Procurement Instruction)

\[Include in cost reimbursement contracts when the contract estimated
cost is based in part on Government cost estimates (\"plug numbers\")
furnished to the prospective offeror or offeror.\]

The estimated cost of this contract is based on cost estimates for a
number of cost elements (e.g., direct labor, overhead, materials,
travel). One or more of these estimates was made by the Government and
provided to the contractor in the solicitation leading to this contract.
The parties recognize that the contractor\'s obligation to perform tasks
within the scope of the Statement of Work could result in actual
contractor expenditures which are greater or less than the Government\'s
estimates provided to the contractor for the related cost element.
Should such be the case, the parties agree that there will be no
adjustment to the fee provided for in this contract, nor to any other
terms and conditions hereof, except the contract estimated cost, should
that become necessary. Any such adjustment in estimated cost will be
subject to the terms of the \"Limitation of Cost\" or \"Limitation of
Funds\" clause hereof, whichever is applicable.

(End of clause)

**52.232-94 Indirect Cost Ceilings**. (DEC 1999) (JSC Procurement
Instruction)

\[Include in contracts only when necessary in accordance with FAR
42.707.\]

Without otherwise affecting the applicability of the cost principles set
forth in Part 31 of the Federal Acquisition Regulation, which are a part
of this contract pursuant to the clause entitled \"Allowable Cost and
Payment,\" the following agreements are made as to contract ceilings and
cost categorization:

\(a\) Costs

1\. Direct Costs \[To be negotiated and inserted herein\]

2\. Indirect Costs \[To be negotiated and inserted herein\]

\(b\) Provisional and Ceiling Cost Rates

Overhead and General and Administrative (G&A) Expense are subject to the
provisional and ceiling rates set forth below. To prevent substantial
over or under payment (except where ceiling is reached), the provisional
billing rates may, at the discretion of the contracting officer, be
revised, either upward or downward, and such revision shall be set forth
in an amendment to this contract.

Provisional Ceiling

Rate Period Rate Period

Overhead

G&A

Costs attributable to a rate increment in excess of the established
ceiling rates (shown above) shall be unallowable unless caused by 1)
compliance with new state or Federal legal requirements or 2)
depreciation of capital investment when that investment has contributed
directly and substantial to increased productivity.

By way of example and not limitation, changes such as base or rate
changes over time to specific items within an existing legal requirement
such as Federal Insurance Compensation Act (FICA), Federal Unemployment
Insurance (FUI) and State Unemployment Insurance (SUI) are not
considered a "new legal requirement." If the contractor incurs costs in
excess of the ceiling rates as a result of a) or b) above, and wishes to
obtain reimbursement, they shall submit a proposal that sets forth,
fully and completely, the facts and circumstances believed to be
responsible for the incurrence of costs above the ceiling(s).

An equitable adjustment will be made in the contract ceiling(s) only if,
and to the extent, that the contractor\'s proposal demonstrates that the
costs incurred in excess of the ceilings were attributable to the
circumstances described in a) or b). The contractor's rationale must
demonstrate that the costs incurred in excess of the ceilings were not
reasonably susceptible to being offset by reasonable and prudent
reductions in indirect costs in other areas within the contractor\'s
control. Any unallowable costs shall not be recovered under this or any
other Government contract.

The base of application for computing the overhead rates (both
provisional and ceiling) shall be: \[Insert narrative describing base of
application.\]

The overhead cost pool is composed of the following cost elements:
\[Insert cost elements included in overhead pool, e.g., indirect labor,
employee fringes, payroll taxes, etc., as applicable.\]

The base of application for computing the G&A rates (both provisional
and ceiling) shall be \[insert narrative describing base of
application\].

The G&A cost pool is comprised of the following cost elements: \[Insert
cost elements included in G&A pool, e.g., executive labor, bid and
proposal, Independent Research and Development (IRAD), etc.\]

(End of clause)

**52.236-92 Addressing Progress Payments and Correspondence**. (JAN
1994) (JSC Procurement Instruction)

\[Include in all construction solicitations and contracts\]

a\. Addressing Progress Payments:

All progress payments shall be submitted in quadruplicate directly to
the contracting officer (CO).

The request for progress payment shall cite the contract number, the
total amount of the contract through the last modification, and the
amount of payment requested. The address of the CO is as follows:

NASA Johnson Space Center

\[Insert CO's Mail Code\] / \[Insert CO''s name\]

2101 NASA Road One

Houston, TX 77058-3696

b\. Addressing Correspondence:

The contractor shall submit an ORIGINAL and TWO copies of all
correspondence required under the contract.

1\. The original and one copy of the correspondence shall be clearly
marked with the assigned Government Contract \[Insert contract number\]
and addressed to the Contracting Officer\'s Technical Representative\'s
(COTR) address as follows:

NASA Johnson Space Center

Contracting Officer\'s Technical Representative

\[Insert COTR's Mail Code\] / \[Insert COTR name\]

2101 NASA Road One

Houston, TX 77058-3696

2\. One copy of ALL correspondence shall be transmitted directly to the
contracting officer - \[CO's name\]/Mail Code.

c\. Technical Data:

The contractor shall submit five copies of all shop drawings, test
reports, equipment data sheets, and any other technical data with five
copies of transmittal sheet, JSC Form 262 (August 1993).

All samples shall be forwarded to the address to the COTR and clearly
indicate the Government assigned contract number.

(End of clause)

**52.236-101 Modification Proposals - Price Breakdown**. (APR 1992) (JSC
Procurement Instruction)

\[Include in all construction solicitations and contracts.\]

The contractor shall furnish an itemized price breakdown in conjunction
with any proposed modification of the contract price. Unless otherwise
directed, the breakdown shall be in sufficient detail to permit an
analysis of all material, labor, equipment, subcontract, and overhead
costs as well as profit and shall cover all work involved to accomplish
the modification, whether deleted, added, or changed. Any amount claimed
for subcontracts shall be supported by a similar price breakdown. In
addition, if the proposal includes a time extension, a justification
therefor shall also be furnished. The proposal, together with the price
breakdown and time extension justification, shall be furnished by such
date as may be specified by the contracting officer.

(End of clause)

**52.242-92 Identification of Employees**. (MAR 2002) (JSC Procurement
Instruction)

\[Include in contracts that require performance onsite.\]

At all times while on Government property, the contractor,
subcontractors, their employees, and agents shall wear badges which will
be issued by the NASA Badging & Visitor Control Office, located in
Building 110 at the Johnson Space Center (JSC), or at the Main Gate at
the White Sands Test Facility (WSTF). JSC employee badges will be issued
only between the hours of 7:30 a.m. to 4 p.m., Monday through Thursday,
and 7:30 am to 12:00 pm on Friday. JSC visitor badges will be issued
between the hours of 6 a.m. to 10 p.m., 7 days a week. WSTF employee
badges will be issued only between the hours of 8 a.m. to 2 p.m., Monday
through Friday. WSTF visitor badges will be issued on a 7-day-a-week,
24-hour-a-day basis. Resident aliens and foreign
nationals/representatives shall be issued green foreign national badges.

Each individual who wears a badge shall be required to declare
citizenship and personally sign for the badge. The contractor shall be
held accountable for issued badges and all other related items and must
assure that they are returned to the NASA Badging & Visitor Control
Offices upon completion of work under the contract in accordance with
Security Management Directive (SMD) 500-15, \"Security Termination
Procedures.\" Failure to comply with the NASA contractor termination
procedures upon completion of the work (e.g., return of badges, decals,
keys, Controlled Access Area cards, clearance terminations, JSC Public
Key Infrastructure (PKI)/special program deletions, etc.) may result in
final payment being delayed.

(End of clause)

## 52.242-93 Human Research Policy and Procedures. (SEPT 2000) (JSC Procurement Instruction)

\[Include in contracts that will involve human test subjects.\]

The contractor shall follow the human research policy and procedures
stated in the current version (as of the effective date of the contract)
of NASA Policy Directive 7100.8 - \"Protection of Human Research
Subjects,\" contained in Section J and shall furnish to the contracting
officer, upon request, copies of protocols and contractor documents
showing contractor Human Research Committee approval of such protocols.

(End of clause)

## JSC PROCUREMENT INSTRUCTION

## 

## PART 1852 SOLICITATION PROVISIONS AND CONTRACT CLAUSES

## 

## SUBPART 1852.2 TEXTS OF PROVISIONS AND CLAUSES

## 1852.245-71 Installation-Accountable Government Property (NOV 2004) (NOV 2004) (JSC Procurement Instruction) 

**\[User only. Separate version of this clause for contractors that are
both, the custodian and the user. Separate clause follows below.\]**

\[If contractor personnel will be performing work onsite (JSC,
Ellington, Sonny Carter), and will be using NASA-owned property insert
1852.245-71 (user). Must also include 1852.245-77, List of
Installation - Accountable Property and Services.\]

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

**User Responsibilities: Reference Document (NPR** **4200.2)**

**Chapter 2.**

2.7. Responsibility of the Individual. The contractor shall ensure that
each of its employees are responsible for Government property as
follows: An employee has a duty to protect and conserve Government
property and shall not use such property, or allow its use, for other
than authorized purposes. Additional responsibilities include the
following:

2.7.1. Reporting any missing or un-tagged (meeting the criteria for
control) equipment, transfer, location change, or user change of
equipment to the property custodian immediately.

2.7.2. Notifying the property custodian, supervisor, and the Center
security officer immediately if theft of Government property is
suspected.

2.7.3. Ensuring that equipment is used only in pursuit of approved NASA
programs and projects.

2.7.4. Notifying the property custodian of equipment not actively being
used for determination of proper disposition.

2.7.5. Ensuring that equipment is returned through the property
custodian when no longer needed. Under no circumstances will an employee
throw away Government equipment.

2.7.6. Assigned users retain all responsibilities including notifying
property custodians of all activity associated with the user's assigned
equipment.

2.8. The contractor must ensure that all on-site contractor employees
notify the contracting officer, property custodian, and SEMO upon
termination of employment.

**Chapter 4.**

4.2.11. The user will assist the custodian in completing NF 1618 and
sign in the designated block.

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

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

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

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

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

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

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

(End of clause)

**ALTERNATE I** (NOV 2004)

\[Include if SEMO requests that contractor be restricted from use of the
Center Central Receiving facility.\]

\(3\) The contractor shall not utilize the installation\'s central
receiving facility for receipt of Contractor-acquired property. However,
the Contractor shall provide listings suitable for establishing
accountable records of all such property received, on a quarterly basis,
to the Contracting Officer and the Supply and Equipment Management
Officer.

(End of clause)

**1852.245-71 INSTALLATION-ACCOUNTABLE GOVERNMENT PROPERTY** (NOV 2004)
(NOV 2004) (JSC Procurement Instruction)

**\[Custodian and user. Separate version of this clause for contractor
that is only a user. Separate clause above.\]**

\[If contractor personnel will be performing work onsite (JSC,
Ellington, Sonny Carter), and will be using NASA owned property and
acting as custodian for a NASA organization insert 1852.245-71
(custodian & user). Must also include 1852.245-77, List of
Installation - Accountable Property and Services\].

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

**Property Custodian Responsibilities: Reference** **NPR** **4200.2**

**Chapter 2: Responsibilities**

Section 2.3. Property Custodians

Section 2.4 Full Time Property Custodians

Paragraphs 2.4.1 and 2.4.2 

**Chapter 4: Operational Procedures**

Section 4.2 Identification of Equipment

Paragraphs 4.2.8, 4.2.9, 4.2.10,

Section 4.3. Standard NEMS Reports for Property Custodians.

Paragraphs 4.3.1 through 4.3.4.5

Section 4.4. Inventory Procedures.

Paragraphs 4.4.1 through 4.4.5

**Chapter 5. (Entire Content)**

**User Responsibilities: Reference Document (NPR** **4200.2)**

**Chapter 2.**

2.7. Responsibility of the Individual. The contractor shall ensure that
each employees are responsible for Government property as follows: \"An
employee has a duty to protect and conserve Government property and
shall not use such property, or allow its use, for other than authorized
purposes.\" Additional responsibilities include the following:

2.7.1. Reporting any missing or un-tagged (meeting the criteria for
control) equipment, transfer, location change, or user change of
equipment to the property custodian immediately.

2.7.2. Notifying the property custodian, supervisor, and the Center
security officer immediately if theft of Government property is
suspected.

2.7.3. Ensuring that equipment is used only in pursuit of approved NASA
programs and projects.

2.7.4. Notifying the property custodian of equipment not actively being
used for determination of proper disposition.

2.7.5. Ensuring that equipment is returned through the property
custodian when no longer needed. Under no circumstances will an employee
throw away Government equipment.

2.7.6. Assigned users retain all responsibilities including notifying
property custodians of all activity associated with the user's assigned
equipment.

2.8. The contractor must ensure that all on-site contractor employees
notify the contracting officer, property custodian, and SEMO upon
termination of employment.

**Chapter 4.**

4.2.11. The user will assist the custodian in completing NF 1618 and
sign in the designated block.

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

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

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

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

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

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

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

(End of clause)

**[ALTERNATE I]{.underline}** (NOV 2004)

\[Include if SEMO requests that contractor be restricted from use of the
Center Central Receiving facility.\]

\(3\) The contractor shall not utilize the installation\'s central
receiving facility for receipt of Contractor-acquired property. However,
the Contractor shall provide listings suitable for establishing
accountable records of all such property received, on a quarterly basis,
to the Contracting Officer and the Supply and Equipment Management
Officer.

(End of clause)

**[LIST OF INSTALLATION-ACCOUNTABLE PROPERTY AND SERVICES]{.underline}**
[(]{.underline}NASA 1852.245-77) (JULY 1997) **(JSC Version APR 2003)**

\[Include with clause at 1852.245-71, Installation-Accountable
Government Property\]

In accordance with the clause 1852.245-71, Installation - Accountable
Government Property the Contractor is authorized use of the types of
property and services listed below, to the extent they are available, in
the performance of this contract within the physical borders of the
installation which may include buildings and space owned or directly
leased by NASA in close proximity to the installation, if so designated
by the Contracting Officer.

\(a\) Office space, work area space, and utilities. Government
telephones are available for official purposes only; pay telephones are
available for contractor employees for unofficial calls.

\(b\) General - and special-purpose equipment, including office
furniture.

\(1\) Equipment to be made available is listed in Attachment
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
**\[Insert attachment number or "not applicable" if no equipment is
provided\].** The Government retains accountability for this property
under the clause at 1852.245-71, Installation-Accountable Government
Property, regardless of its authorized location.

\(2\) If the contractor acquires property, title to which vests in the
Government pursuant to other provisions of this contract, this property
also shall become accountable to the Government upon its entry into
Government records as required by the clause at 1852.245-71,
Installation-Accountable Government Property.

\(3\) The Contractor shall not bring to the installation for use under
this contract any property owned or leased by the Contractor, or other
property that the Contractor is accountable for under any other
Government contract, without the Contracting Officer's prior written
approval.

\(c\) Publications and blank forms stocked by the installation.

\(d\) Safety and fire protection for Contractor personnel and
facilities.

\(e\) Installation service facilities:

1\. [Audiovisual]{.underline}: Presentation services, sound services,
Release Print Film Library, Film Repository, and loan of audiovisual
equipment.

2\. [Automatic Data Processing (ADP) Services (onsite
only)]{.underline}: Generally, this includes access to large
general-purpose computer systems, workstations, and the accessing media;
i.e., terminals, printers, data communications, and consultation and
training in the use of said systems. Unless otherwise specified in the
contract, this does not include providing computer systems or ADP
services for the Contractor business management, accounting, and
administrative functions.

3\. [Transportation]{.underline}: Shuttle bus service for Contractor
employees within the parameters provided for Government employees.

4\. [Disposal Services]{.underline}: Disposal services for excess onsite
and offsite Contractor-held/Government-owned property.

5\. [Fabrication Services]{.underline}: Fabrication services such as
machining, sheet metal and welding, electronics, metal finishing, model
and plastics, and precision cleaning.

6\. [Photography, Processing, and Closed-Circuit
Television]{.underline}: For technical and scientific photography,
photographic processing, photographic sciences, and closed-circuit
television.

7\. [Pickup and Delivery of Official Mail]{.underline}: Within the
Center and to and from the Albert Thomas Post Office, provided the mail
is properly sealed and stamped. Such mail will be picked up or dropped
from only one point as designated by JSC or, if preferred, JSC will
provide a box in the central mailroom for the Contractor to pick up and
deposit its mail.

\(f\) Medical treatment of a first-aid nature for Contractor personnel
injuries or illnesses sustained during on-site duty.

\(g\) Cafeteria privileges for Contractor employees during normal
operating hours.

\(h\) Building maintenance for facilities occupied by Contractor
personnel.

\(i\) Moving and hauling for office moves, movement of large equipment,
and delivery of supplies. Moving services shall be provided on-site, as
approved by the Contracting Officer.

\(j\) The user responsibilities of the Contractor are defined in
paragraph (a) of the clause at 1852.245-71, Installation-Accountable
Government Property.

(End of Clause)

## JSC PROCUREMENT INSTRUCTION

## 

## PART 52 SOLICITATION PROVISIONS AND CONTRACT CLAUSES

## 

## SUBPART 52.2 TEXT OF PROVISIONS AND CLAUSES

## 52.245-90 Use of Government-Furnished Property. (DEC 1986) (JSC Procurement Instruction)

\[If identification of property is appropriate.\]

NASA policy regarding providing Government-furnished property is
reflected in Federal Acquisition Regulation Part 45. With certain
exceptions, it is Government policy that contractors will furnish all
property required for the performance of Government contracts. However,
there are circumstances where it may be essential to contractor
performance or otherwise advantageous to NASA to provide Government
property to a contractor. If Government-furnished property is proposed
for the performance of the effort, the offeror shall identify and
justify such property, including the needed time period of its use.

If the offeror proposes to use Government production or research
property on a no-charge, noninterference basis in performance of this
contract, the offeror will furnish with their proposal an authorization
from the contracting officer having cognizance of such property. The
Government will evaluate the inclusion of any proposed Government
property and make cost proposal adjustments, where necessary, to
eliminate the competitive advantage that might accrue to a contractor
from the use of Government property.

(End of provision)

## 52.245-91 Repair of Government Property. (JUNE 1986) (JSC Procurement Instruction)

\[Include in contracts that involve repair of Government equipment.\]

When removal of Government-owned property from its place of use for
repair is necessary, the contractor must prepare a JSC Form 1318 prior
to removing the equipment. The form and instructions regarding its use
are available from the Property and Equipment Branch, Building 419, Room
162, phone number 281-483-6524. The repaired Government property is to
be returned to the location from which it was removed unless otherwise
directed by the Government.

(End of clause)

## 52.245-97 Providing Facility Items. (FEB 2003) (JSC Procurement Instruction)

\[Include in a contract under which existing facilities will be provided
to a contractor. The contracting officer must first document the file
with a detailed explanation of the circumstances which make furnishing
of facilities in the best interest of the Government (See: NASA Federal
Acquisition Regulation (FAR) Supplement 1845.302-1.)\]

The purpose of this clause is to set forth the parties\' intent
regarding their respective responsibilities for providing facility items
under this contract. The parties accordingly agree as follows:

\(a\) \"Provide,\" as used in this clause, has the same meaning as set
forth in NASA FAR Supplement 1845.301. \"Facilities,\" as used in this
clause, has the same meaning as set forth in FAR 45.301.

\(b\) The Government shall provide to the contractor the facilities
identified in Attachment J-\_ \[*insert attachment number*\] for use in
performance of this contract.

\(c\) The contractor shall replace any of the existing facilities
identified in (b) above that reach the end of their useful life during
the contract period or which are beyond economical maintenance or
repair, if the facilities are still needed for contract performance.
Such replacements shall be made with contractor-owned facilities and
shall be accounted for in accordance with the contractor's disclosed
accounting practices.

\(d\) The contractor shall not acquire facility items for the
Government, unless specifically authorized by the contract or consent
has been obtained in writing from the contracting officer pursuant to
FAR 45.302-1(a). The contractor agrees to provide all facilities
necessary for performance of this contract except as provided in (b)
above.

(End of Clause)

## 52.246-90 Inspection and Acceptance. (JUNE 1991) (JSC Procurement Instruction)

\[Include if final inspection and acceptance will be at JSC.\]

Final inspection and acceptance shall be accomplished by the contracting
officer or his/her duly authorized representative at NASA Lyndon B.
Johnson Space Center.

(End of clause)

## 52.246-91 Preliminary Inspection at Source and Final Inspection and Acceptance at Destination. (JUNE 1991) (JSC Procurement Instruction)

\[Include if preliminary inspection may be performed at origin and final
inspection will be at JSC.\]

Preliminary inspection for compliance with the contract specifications
and requirements may be performed at origin by an authorized
representative of the Government, and final inspection and acceptance
will be performed at NASA Lyndon B. Johnson Space Center by the
contracting officer or his/her authorized representative.

(End of clause)

## 52.246-92 Evaluation and Acceptance. (JUNE 1991) (JSC Procurement Instruction)

\[Include if only a final report is required by the contract.\]

Final evaluation and acceptance of the final report shall be
accomplished by the contracting officer or his/her duly authorized
representative at NASA JSC.

(End of clause)

## 52.246-93 Quality Assurance Surveillance Plan. (JUL 1996) (JSC Procurement Instruction)

\[Insert in any contract that requires the contractor to submit a
quality plan.\]

A Quality Assurance Surveillance Plan will be developed and implemented
by the Contracting Officer's Technical Representative as a part of the
contract administration and monitoring activities conducted to assure
that the Government receives products and services that conform to
contract requirements. The nature and extent of quality assurance
surveillance contemplated in this plan will be based, in part, on the
specific content of the contractor's quality plan (included in Section
J).

(End of clause)

## 52.246-94 Extended Warranties -- Construction. (OCT 1999) (JSC Procurement Instruction)

\[Include in construction contracts if the specification contains
extended warranties or guarantees other than those contained in
52.246-21.\]

Any extended warranty or guarantee required by the specifications shall
be constructed as being in addition to the 1-year warranty required by
clause 52.246-21, Warranty of Construction.

(End of clause)

**52.247-94 Shipping Instructions.** (APR 1997) (JSC Procurement
Instruction)

\[Include in all solicitations and contracts if documentation is to be
shipped for reissue onsite.\]

All documentation shall be shipped to the addresses cited in \[insert
clause number\].

Shipment of all other items shall be as follows:

Parcel Post Shipments and Freight Shipments

Ship to: Transportation Officer,

Building 421

NASA Johnson Space Center

2101 NASA Road 1

Houston, TX 77058-3696

Mark for: Accountable Property Officer

Mark with: Purchase Request No. \[insert number.\]

Contract Number: NAS 9 \[insert number\]

For reissue to:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Name) (Mail Code) (Bldg.) (Rm.)

(End of clause)

## 52.247-95 Flight Item. (SEPT 1989) (JSC Procurement Instruction)

\[Include in solicitations and contracts when flight items will be
delivered.\]

Block 16 of each Department of Defense Form 250 prepared for hardware or
equipment to be shipped under this contract must be annotated as follows
in 1/4-inch letters or larger by hand printing or rubber stamp:

**'THIS IS A FLIGHT ITEM: OR "THIS IS MISSION ESSENTIAL GROUND SUPPORT
EQUIPMENT,"** as applicable.

(End of Clause)