<table>
<colgroup>
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 5%" />
<col style="width: 3%" />
<col style="width: 2%" />
<col style="width: 4%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 2%" />
<col style="width: 1%" />
<col style="width: 1%" />
<col style="width: 1%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 1%" />
<col style="width: 3%" />
<col style="width: 2%" />
<col style="width: 1%" />
<col style="width: 2%" />
<col style="width: 0%" />
<col style="width: 2%" />
<col style="width: 1%" />
<col style="width: 2%" />
<col style="width: 0%" />
<col style="width: 1%" />
<col style="width: 3%" />
<col style="width: 4%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 1%" />
<col style="width: 0%" />
<col style="width: 5%" />
<col style="width: 1%" />
<col style="width: 2%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 1%" />
<col style="width: 0%" />
<col style="width: 4%" />
<col style="width: 6%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="15">SOLICITATION, OFFER AND AWARD</td>
<td colspan="15">1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR
700)</td>
<td></td>
<td colspan="7"><p>RATING</p>
<p>N/A</p></td>
<td colspan="4"><p>PAGE OF PAGES</p>
<p>1 |53 5552</p></td>
</tr>
<tr class="even">
<td colspan="4">2. CONTRACT NUMBER</td>
<td colspan="10"><p>3. SOLICITATION NUMBER</p>
<p>RFPW-09635-JLB</p></td>
<td colspan="12"><p>4. TYPE OF SOLICITATION</p>
<p> SEALED BID (IFB)</p>
<p> NEGOTIATED (RFP)</p></td>
<td colspan="7"><p>5. DATE ISSUED</p>
<p>November 1, 2001</p></td>
<td colspan="9">6. REQUISITION/PURCHASE NO.</td>
</tr>
<tr class="odd">
<td colspan="13">7. ISSUED BY CODE</td>
<td colspan="7"></td>
<td colspan="22">8. ADDRESS OFFER TO <em>(If other than Item
7)</em></td>
</tr>
<tr class="even">
<td colspan="20"><blockquote>
<p>NASA/Goddard Space Flight Center</p>
<p>Headquarters Procurement Office</p>
<p>Greenbelt Road</p>
<p>Greenbelt, MD 20771</p>
</blockquote></td>
<td colspan="22"><blockquote>
<p>NASA/Goddard Space Flight Center</p>
<p>Attn: Bid Room, Code 213</p>
<p>Building 17, Room S142</p>
<p>Greenbelt, MD 20771</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="42">NOTE: In sealed bid solicitations “offer” and “offeror”
mean “bid” and “bidder”</td>
</tr>
<tr class="even">
<td colspan="42"><p id="solicitation"
class="heading">SOLICITATION</p></td>
</tr>
<tr class="odd">
<td colspan="42">9. Sealed offers in <u>original and copies</u> for
furnishing the supplies or services in the Schedule will be received at
the place specified in Item 8, or if handcarried, in the depository
located in <strong><u>Building 17, Room S142</u></strong> until
<strong><u>10:00 a.m.</u></strong> local time <u>December 19,
2001</u><strong>.</strong> CAUTION LATE Submissions, Modifications, and
Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All
offers are subject to all terms and conditions contained in this
solicitation.</td>
</tr>
<tr class="even">
<td colspan="7">10. FOR INFORMATION</td>
<td colspan="11">A. NAME</td>
<td colspan="14">B. TELEPHONE <em>(NO COLLECT CALLS)</em></td>
<td colspan="10">C. E-MAIL ADDRESS</td>
</tr>
<tr class="odd">
<td colspan="7">CALL:</td>
<td colspan="11">Jim Becker</td>
<td colspan="5"><p>AREA CODE</p>
<p>301</p></td>
<td colspan="4"><p>NUMBER</p>
<p>286-4223</p></td>
<td colspan="5">EXT.</td>
<td colspan="10">jbecker@pop200.gsfc.nasa.gov</td>
</tr>
<tr class="even">
<td colspan="42">11. TABLE OF CONTENTS</td>
</tr>
<tr class="odd">
<td>()</td>
<td>SEC.</td>
<td colspan="14">DESCRIPTION</td>
<td colspan="4">PAGE(S)</td>
<td colspan="2">()</td>
<td colspan="3">SEC.</td>
<td colspan="16">DESCRIPTION</td>
<td>PAGE(S)</td>
</tr>
<tr class="even">
<td colspan="20">PART I - THE SCHEDULE</td>
<td colspan="22">PART II - CONTRACT CLAUSES</td>
</tr>
<tr class="odd">
<td></td>
<td>A</td>
<td colspan="14">SOLICITATION/CONTRACT FORM</td>
<td colspan="4">1-3</td>
<td colspan="2"></td>
<td colspan="3">I</td>
<td colspan="16">CONTRACT CLAUSES</td>
<td>18-24</td>
</tr>
<tr class="even">
<td></td>
<td>B</td>
<td colspan="14">SUPPLIES OR SERVICES AND PRICE/COST</td>
<td colspan="4">4-5</td>
<td colspan="22">PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER
ATTACH.</td>
</tr>
<tr class="odd">
<td></td>
<td>C</td>
<td colspan="14">DESCRIPTION/SPECS./WORK STATEMENT</td>
<td colspan="4">6</td>
<td colspan="2"></td>
<td colspan="3">J</td>
<td colspan="16">LIST OF ATTACHMENTS</td>
<td>25</td>
</tr>
<tr class="even">
<td></td>
<td>D</td>
<td colspan="14">PACKAGING AND MARKING</td>
<td colspan="4">7</td>
<td colspan="22">PART IV - REPRESENTATIONS AND INSTRUCTIONS</td>
</tr>
<tr class="odd">
<td></td>
<td>E</td>
<td colspan="14">INSPECTION AND ACCEPTANCE</td>
<td colspan="4">8</td>
<td colspan="2"></td>
<td colspan="3">K</td>
<td colspan="16">REPRESENTATIONS, CERTIFICATIONS</td>
<td>26-35</td>
</tr>
<tr class="even">
<td></td>
<td>F</td>
<td colspan="14">DELIVERIES OR PERFORMANCE</td>
<td colspan="4">9-10</td>
<td colspan="2"></td>
<td colspan="3"></td>
<td colspan="16">AND OTHER STATEMENTS OF OFFERORS</td>
<td></td>
</tr>
<tr class="odd">
<td></td>
<td>G</td>
<td colspan="14">CONTRACT ADMINISTRATION DATA</td>
<td colspan="4">11</td>
<td colspan="2"></td>
<td colspan="3">L</td>
<td colspan="16">INSTRS., CONDS., AND NOTICES TO OFFERORS</td>
<td>36-48</td>
</tr>
<tr class="even">
<td></td>
<td>H</td>
<td colspan="14">SPECIAL CONTRACT REQUIREMENTS</td>
<td colspan="4">12-17</td>
<td colspan="2"></td>
<td colspan="3">M</td>
<td colspan="16">EVALUATION FACTORS FOR AWARD</td>
<td>49-53</td>
</tr>
<tr class="odd">
<td colspan="42"><strong>OFFER <em>(Must be fully completed by
offeror)</em></strong></td>
</tr>
<tr class="even">
<td colspan="42">NOTE: Item 12 does not apply if the solicitation
includes the provisions at 52.214-16, Minimum Bid Acceptance
Period.</td>
</tr>
<tr class="odd">
<td colspan="42">12. In compliance with the above, the undersigned
agrees, if this offer is accepted within _180_ calendar days <em>(60
calendar days unless a different period is inserted by the offeror)</em>
from the date for receipt of offers specified above, to furnish any or
all items upon which prices are offered at the price set opposite each
item, delivered at the designated point(s), within the time specified in
the schedule.</td>
</tr>
<tr class="even">
<td colspan="9"><p>13. DISCOUNT FOR PROMPT PAYMENT</p>
<p><em>(See Section I, Clause No. 52.232-8)</em></p></td>
<td colspan="2"></td>
<td colspan="8"><p>10 CALENDAR DAYS</p>
<p>%</p></td>
<td colspan="10"><p>20 CALENDAR DAYS</p>
<p>%</p></td>
<td colspan="6"><p>30 CALENDAR DAYS</p>
<p>%</p></td>
<td colspan="7"><p>CALENDAR DAYS</p>
<p>%</p></td>
</tr>
<tr class="odd">
<td colspan="11">14. ACKNOWLEDGMENT OF AMENDMENTS</td>
<td colspan="10">AMENDMENT NO.</td>
<td colspan="7">DATE</td>
<td colspan="9">AMENDMENT NO.</td>
<td colspan="5">DATE</td>
</tr>
<tr class="even">
<td colspan="11"><blockquote>
<p><em>(The offeror acknowledges receipt of amendments to the</em></p>
</blockquote></td>
<td colspan="10"></td>
<td colspan="7"></td>
<td colspan="9"></td>
<td colspan="5"></td>
</tr>
<tr class="odd">
<td colspan="11"><blockquote>
<p><em>SOLICITATION for offerors and related documents</em></p>
</blockquote></td>
<td colspan="10"></td>
<td colspan="7"></td>
<td colspan="9"></td>
<td colspan="5"></td>
</tr>
<tr class="even">
<td colspan="11"><blockquote>
<p><em>numbered and dated):</em></p>
</blockquote></td>
<td colspan="10"></td>
<td colspan="7"></td>
<td colspan="9"></td>
<td colspan="5"></td>
</tr>
<tr class="odd">
<td colspan="3">15A. NAME</td>
<td colspan="3">CODE</td>
<td colspan="6"></td>
<td colspan="5">FACILITY</td>
<td colspan="7"></td>
<td colspan="18">16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN</td>
</tr>
<tr class="even">
<td colspan="3">AND ADDRESS</td>
<td colspan="21"></td>
<td colspan="18"><blockquote>
<p>OFFER <em>(Type or print)</em></p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="3">OF OFFEROR</td>
<td colspan="21"></td>
<td colspan="18"></td>
</tr>
<tr class="even">
<td colspan="3"></td>
<td colspan="21"></td>
<td colspan="18"></td>
</tr>
<tr class="odd">
<td colspan="8">15B. TELEPHONE NUMBER</td>
<td colspan="16"> 15C. CHECK IF REMITTANCE</td>
<td colspan="10">17. SIGNATURE</td>
<td colspan="8">18. OFFER DATE</td>
</tr>
<tr class="even">
<td colspan="2">AREA CODE</td>
<td colspan="3">NUMBER</td>
<td colspan="3">EXT.</td>
<td colspan="16"><blockquote>
<p>ADDRESS IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.</p>
</blockquote></td>
<td colspan="10"></td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="42"><strong>AWARD <em>(To be completed by
Government)</em></strong></td>
</tr>
<tr class="even">
<td colspan="10">19. ACCEPTED AS TO ITEMS NUMBERED</td>
<td colspan="10">20. AMOUNT</td>
<td colspan="22">21. ACCOUNTING AND APPROPRIATION</td>
</tr>
<tr class="odd">
<td colspan="20"><p>22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN
COMPETITION:</p>
<blockquote>
<p> 10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c)( )</p>
</blockquote></td>
<td colspan="16">23.SUBMIT INVOICES TO ADDRESS SHOWN IN <em>(4 copies
unless otherwise specified)</em></td>
<td colspan="4"></td>
<td colspan="2">ITEM</td>
</tr>
<tr class="even">
<td colspan="13">24. ADMINISTERED BY <em>(If other than Item 7)</em>
CODE</td>
<td colspan="7"></td>
<td colspan="19">25. PAYMENT WILL BE MADE BY CODE</td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td colspan="20"></td>
<td colspan="22"></td>
</tr>
<tr class="even">
<td colspan="20">26. NAME OF CONTRACTING OFFICER <em>(Type or
print)</em></td>
<td colspan="14"><p>27. UNITED STATES OF AMERICA</p>
<p><em>(Signature of Contracting Officer)</em></p></td>
<td colspan="8">28. AWARD DATE</td>
</tr>
<tr class="odd">
<td colspan="42">IMPORTANT -- Award will be made on this Form, or on
Standard Form 26, or by other authorized official written notice.</td>
</tr>
</tbody>
</table>

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (Rev. 9-97)

Previous edition is unusable Prescribed by GSA -- FAR (48 CFR) 53.214(c

SECTION B\--SUPPLIES OR SERVICES AND PRICE/COST

B. 1 DELIVERABLE REQUIREMENTS (GSFC 52.211‑90) (OCT 1988) 4

B. 2 FIRM FIXED PRICE (1852.216‑78) (DEC 1988) 5

SECTION C\--DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C. 1 SCOPE OF WORK (GSFC 52.211‑91) (FEB 1991) 6

C. 2 REVIEWS/REPORTS OF WORK 6

SECTION D\--PACKAGING AND MARKING

NO CLAUSES IN THIS SECTION 7

SECTION E\--INSPECTION AND ACCEPTANCE

E. 1 ACCEPTANCE\--SINGLE LOCATION (GSFC 52.246‑92) (SEPT 1989) 8

E. 2 INSPECTION SYSTEM RECORDS (GSFC 52.246‑102) (OCT 1988) 8

E. 3 INSPECTION OF RESEARCH AND DEVELOPMENT (SHORT FORM) (52.246-9) (APR
1984) 8

SECTION F\--DELIVERIES OR PERFORMANCE

F. 1 LIST OF SECTION F CLAUSE INCORPORATED BY REFERENCE 9

F. 2 DELIVERY SCHEDULE (GSFC 52.211-96)(SEP
1998)\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....9

F. 3 SHIPPING INSTRUCTIONS\--NON-CENTRAL RECEIVING (GSFC 52.247‑95) (OCT
1988) 10

SECTION G\--CONTRACT ADMINISTRATION DATA

G. 1 LIST OF SECTION G CLAUSES INCORPORATED BY REFERENCE 11

G. 2 INVOICES - SUBMISSION OF (GSFC 52.232-95)(OCT 1988) 11

SECTION H\--SPECIAL CONTRACT REQUIREMENTS

H. 1 SECTION H CLAUSES INCORPORATED BY REFERENCE 12

H. 2 HANDLING OF DATA (GSFC 52.203‑90) (JAN 1995) 12

H. 3 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFEROR
(GSFC 52.215-90) (NOV 1999) 13

H. 4 SMALL BUSINESS SUBCONTRACTING PLAN AND REPORTS (GSFC 52.219‑90)
(OCT 1999) 13

H. 5 SMALL DISADVANTAGED BUSINESS PARTICIPATION\--CONTRACT TARGETS (GSFC
52.219-91) (JAN 1999) (for offeror fill-in) 14

H. 6 ADVANCE UNDERSTANDING REGARDING DATA RIGHTS 14

H. 7 LIMITATION OF FUNDS (FIXED‑PRICE CONTRACT) (1852.232‑77) (MAR 1989)
15

H. 8 ADVANCE AGREEMENT REGARDING USE OF MIT/LL SERVICES

H.9 MAJOR BREACH OF SAFETY OR SECURITY (MAY
2001)\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...17

H.10 EXPORT LICENSES (FEBRUARY
2000)\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....17

SECTION I\--CONTRACT CLAUSES

I. 1 SECTION I CLAUSES INCORPORATED BY REFERENCE 18

I. 2 APPROVAL OF CONTRACT (52.204‑1) (DEC 1989) 19

I. 3 RIGHTS TO PROPOSAL DATA (52.227‑23) (TECHNICAL) (JUN 1987) 19

I. 4 PAYMENTS UNDER FIXED‑PRICE RESEARCH AND DEVELOPMENT CONTRACTS
(52.232‑2) (APR 1984) 20

## I. 5 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (52.244-6) (MAY 2001)\...20

I. 6 CLAUSES INCORPORATED BY REFERENCE (52.252‑2) (FEB 1998) 20

I. 7 COMPUTER GENERATED FORMS (52.253‑1) (JAN 1991) 21

I. 8 PHASED ACQUISITION USING PROGRESSIVE COMPETITION DOWN‑SELECTION
PROCEDURES (1852.217‑72) (MAY 2000) 21

I.9 USE OF RURAL AREA SMALL BUSINESSES (1852.219‑74) (SEP 1990) 22

I.10 SMALL BUSINESS SUBCONTRACTING REPORTING (1852.219-75) (MAY 1999) 23

I.11 NASA 8 PERCENT GOAL (1852.219-76) (JUL 1997) 23

I.12 CENTER FOR AEROSPACE INFORMATION\--FINAL SCIENTIFIC AND TECHNICAL
REPORTS (1852.235-70) (JULY 2000) 24

SECTION J\--LIST OF ATTACHMENTS

J. 1 LIST OF ATTACHMENTS (GSFC 52.211‑101) (OCT 1988) 25

## B. 1 DELIVERABLE REQUIREMENTS (GSFC 52.211‑90) (OCT 1988)

The Contractor shall perform and/or deliver all items for this Contract
as specified below. Payment shall be made in the amounts shown in the
value column for section A (Reviews/Reports).

**A. REVIEWS/ REPORTS**

[Item]{.underline} [Description]{.underline} [Reference]{.underline}
[Quantity]{.underline} [Value\*]{.underline}

1\. Monthly Progress Reviews (MPR) SOW 3.1 4 Not Priced

(Months 3, 4, 6, 7 ) Separately

2\. Monthly Progress Review 2 SOW 3.2 1 \$\_\_\_\_\_\_\_\_\*

3\. Midterm Progress Review SOW 3.2 1 \$\_\_\_\_\_\_\_\_\*

(MPR 5)

4\. Preliminary Design Review (PDR) SOW 3.2 1 Not Priced

(MPR 8) Separately

# 

5\. Operations Concept SOW 2.2.2 1 Not Priced

Separately

6\. Calibration/Validation Study SOW 2.2.1 1 Not Priced

Report Separately

7\. Risk Management Plan SOW 2.6.3.1 1 Not Priced

Separately

8\. Spectral Bands Study Report SOW 2.2.4 1 Not Priced

Separately

# 9. Final Report SOW 3.3 1 \$\_\_\_\_\_\_\_\_\*

# 

-   VALUE \-- Offerors shall insert the appropriate amount, the sum not
    to exceed \$5M, [including]{.underline} any support services
    identified from Attachment E. In addition, the total amount for the
    sum of items 2 and 3 (MPR2 and MPR5) shall not exceed 50% of the
    total amount proposed, including any services identified from
    Attachment E.

## B. ADMINISTRATIVE DOCUMENTATION

## 

## [Item]{.underline} [Description]{.underline} [Reference]{.underline} [Quantity]{.underline} 

#  1 SF 294 & SF 295 Clause 52.219-9 & as required

1852.219-75

2 New Technology Clause 1852.227-70 as required

Reports

(End of Clause)

## B. 2 FIRM FIXED PRICE (1852.216‑78) (DEC 1988)

The total firm fixed price of this contract is \$ **\[Offerors shall
insert the appropriate amount, which shall not exceed \$5 million. NOTE:
If the offeror has proposed use of MIT/LL support services from
Attachment E, and has included a not-to-exceed amount for these services
as required by paragraph 3 \"Additional Information to be Furnished\" of
section L.9, then the total of the not-to-exceed amount plus the
firm-fixed price stated in this clause shall not exceed \$5 million\].**

(End of clause)

## C. 1 SCOPE OF WORK (GSFC 52.211‑91) (FEB 1991)

The Contractor shall provide the personnel, materials, and facilities
necessary to provide a preliminary system design of the Landsat Data
Continuity Mission (LDCM), and to furnish the items specified in Section
B of this contract in accordance with the following:

(1) Attachment A, entitled "LDCM Formulation Phase Statement of Work",
    dated November 1, 2001

(2) Attachment B, entitled "Landsat Data Continuity Mission (LDCM) Data
    Specification", dated November 1, 2001

(3) Attachment C, entitled \"Landsat Data Continuity Mission (LDCM)
    Acronym List and Lexicon\", dated November 1, 2001

(4) Attachment D, entitled \"Landsat Data Continuity Mission (LDCM) Data
    Policy\", dated November 1, 2001

(5) Attachment E, entitled \"Landsat Data Continuity Mission (LDCM)
    Formulation Phase MIT/LL ALI Technology Transfer Support\", dated
    November 1, 2001

(End of clause)

## C. 2 REVIEWS/REPORTS OF WORK

\(a\) [Monthly Progress Reviews (MPR)]{.underline}. The Contractor shall
conduct MPRs in accordance with section 3.1 of attachment A, Landsat
Data Continuity Mission Formulation Phase Statement of Work. The
Contractor shall provide one hard copy and one electronic copy (each) of
the presentation materials to the Contracting Officer and COTR for each
MPR by e-mail or Compact Disk (CD), in Microsoft PowerPoint PC Format.

\(b\) [Preliminary Design Review (PDR)]{.underline}. The Contractor
shall conduct a PDR in accordance with section 3.2 of attachment A,
Landsat Data Continuity Mission Formulation Phase Statement of Work. The
Contractor shall provide one hard copy and two electronic copies (each),
(one by e-mail and one on Compact Disk (CD)) of the presentation
materials to the Contracting Officer and COTR, in Microsoft PowerPoint
PC Format.

\(c\) [Report Documentation Page]{.underline}. The Contractor shall
include a completed Report Documentation Page (NASA Form 1626) with the
Final Report.

\(d\) [Final Report]{.underline}. The Contractor shall submit a final
report in accordance with section 3.3 of attachment A, Landsat Data
Continuity Mission Formulation Phase Statement of Work. Number of copies
shall be in accordance with paragraph (e) of this clause.

(e) [Other Deliverables]{.underline}. Fifteen electronic copies of all
    Reports and Plans, other than presentation material in items (a)
    and (b) above, shall be provided on separate Compact Disks (CD) in a
    Microsoft PC Format (MS Word or MS PowerPoint as appropriate), and
    one hard copy, to the Contracting Officer. In addition, for the
    Final Report only, the Contractor shall provide additional copies as
    provided below. However, copies of the final report shall
    **[NOT]{.underline}** be sent to these addressees until the
    Contractor receives written notice from the Contracting Officer:

[\# Copies]{.underline} [Addressee]{.underline}

1 Technical Information

> Services Branch, GSFC Code TBD

2.  Center for AeroSpace Information (CASI)

> in accordance with NASA FAR Supplement
>
> clause 1852.235-70 (I.12 in this contract)

(End of clause)

\[THERE ARE NO CLAUSES IN THIS SECTION.\]

## E. 1 ACCEPTANCE\--SINGLE LOCATION (GSFC 52.246‑92) (SEPT 1989)

The Contracting Officer or authorized representative will accomplish
acceptance at Goddard Space Flight Center, Greenbelt, Maryland. For the
purpose of this clause, the Contracting Officer\'s Technical
Representative named in this contract is the authorized representative.
The Contracting Officer reserves the right to unilaterally designate a
different Government agent as the authorized representative. The
Contractor will be notified by a written notice or by a copy of the
delegation of authority if different representative is designated.

Acceptance shall be deemed to have occurred constructively\--for the
sole purpose of computing an interest penalty that might be due the
Contractor under the Prompt Payment Act\--on the 30th day after the
Contractor has delivered the supplies or services in accordance with the
terms and conditions of the contract. In the event that actual
acceptance occurs within the constructive acceptance period, the
determination of an interest penalty shall be based on the date of the
actual acceptance.

(End of clause)

## E. 2 INSPECTION SYSTEM RECORDS (GSFC 52.246‑102) (OCT 1988)

The Contractor shall maintain records evidencing inspections in
accordance with the Inspection clause of this contract for 1 year after
delivery of all items and/or completion of all services called for by
the contract.

(End of clause)

## E. 3 INSPECTION OF RESEARCH AND DEVELOPMENT (SHORT FORM) (52.246-9) (APR 1984)

The Government has the right to inspect and evaluate the work performed
or being performed under the contract, and the premises where the work
is being performed, at all reasonable times and in a manner that will
not unduly delay the work. If the Government performs inspection or
evaluation on the premises of the Contractor or a subcontractor, the
Contractor shall furnish and shall require subcontractors to furnish all
reasonable facilities and assistance for the safe and convenient
performance of these duties.

(End of clause)

## F.1 LIST OF SECTION F CLAUSES INCORPORATED BY REFERENCE

The following clause are incorporated by reference in accordance with
Federal Acquisition Regulation (FAR) 52.252-2 CLAUSES INCORPORATED BY
REFERENCE (FEB 1998):

15. STOP-WORK ORDER (AUG 1989)

```{=html}
<!-- -->
```
34. F.O.B. DESTINATION (NOV 1991)

(End of Clause)

## F. 2 DELIVERY SCHEDULE (GSFC 52.211-96) (SEP 1998)

The items required by this contract shall be delivered as follows:

#### A. REVIEWS/ REPORTS

[Item]{.underline} [Description]{.underline} [Date/Months
After]{.underline}

[Effective Date of Contract]{.underline}

1\. Monthly Progress Reviews Monthly

(Months 3, 4, 6, 7)

2\. Monthly Progress Review 2 (MPR2) 2

3\. Midterm Progress Review (MPR5) 5

4\. Preliminary Design Review (PDR) 8

# 5. Operations Concept month 5/MPR

> Updates @ PDR & Final

Report

# 

# 6. Calibration/Validation Study Report month 5/MPR

> Updates @ PDR & Final

Report

# 

# 7. Risk Management Plan month 5/MPR

> Updates @ PDR & Final

Report

# 8. Spectral Bands Study Report month 5/MPR

Updates @ PDR & Final

Report

# 9. Final Report 9

##### B. ADMINISTRATIVE DOCUMENTATION

[Item]{.underline} [Description]{.underline} [Date/Months
After]{.underline}

[Effective Date of Contract]{.underline}

1 SF 294 & 295 Semi-annually, NLT 4/30

> and 10/30, and Final
>
> SF 294 at contract end

2 New Technology Reports as required

(End of clause)

## F. 3 SHIPPING INSTRUCTIONS\--NON-CENTRAL RECEIVING (GSFC 52.247‑95) (OCT 1988)

Shipment of the deliverable items required under this contract shall be
to:

# [Item]{.underline} [Address]{.underline} [Marked For]{.underline}

All NASA/Goddard Space Flight Center Contracting Officer/Jim Becker

Building 17, Room S110 Code 210.H

Greenbelt Road

Greenbelt, MD 20771

Compliance with this clause is necessary to assure verification of
delivery and acceptance for prompt payment.

(End of clause)

## G. 1 LIST OF SECTION G CLAUSES INCORPORATED BY REFERENCE

## 

The following clauses are incorporated by reference in accordance with
Federal Acquisition Regulation (FAR) 52.252-2 CLAUSES INCORPORATED BY
REFERENCE (FEB 1998):

## 

## (18-52.227-70) NEW TECHNOLOGY (NOV 1998)

72. DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND

> PATENT REPRESENTATIVE (JULY 1997)---Paragraph (a) shall be filled in
> with the following Titles/Office Codes: New Technology Representative,
> Code 750.1
>
> Patent Representative, Code 750.2
>
> The address for both representatives is Goddard
>
> Space Flight Center, Greenbelt Road, Greenbelt MD
>
> 20771\.

## 

## 

## G. 2 INVOICES - SUBMISSION OF (GSFC 52.232‑95) (AUG 2000)

Invoices shall be prepared in accordance with the Prompt Payment clause
of this contract and submitted to the Cost and Commercial Accounts
Department, Code 155, NASA/Goddard Space Flight Center, Greenbelt, MD
20771. For purposes of the Prompt Payment Act, the above office is
considered to be the \"Designated Billing Office\" and the \"Designated
Payment Office\".

(End of clause)

## H. 1 SECTION H CLAUSES INCORPORATED BY REFERENCE

74. CENTRAL CONTRACTOR REGISTRATION (AUG 2000)

(1852.208-81) RESTRICTIONS ON PRINTING AND DUPLICATING (AUG 1993)

(1852.244-70) GEOGRAPHIC PARTICIPATION IN THE AEROSPACE PROGRAM (APRIL
1985)

(End of By Reference Section)

## H. 2 HANDLING OF DATA (GSFC 52.203‑90) (JAN 1995)

\(a\) 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 the Government has agreed to handle
under protective arrangements; and

\(2\) Government data, the use and dissemination of which, the
Government intends to control.

\(b\) In order to protect the interests of the Government and the
owners, licensors and licensees of such data, the Contractor agrees,
with respect to any such third party or Government 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.

\(d\) 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 protectible 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. 3 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFEROR

##  (GSFC 52.215-90) (NOV 1999)

In accordance with FAR 15.204-1(b), the completed and submitted Section
K, "Representations, Certifications, and Other Statements of Offeror",
are incorporated by reference in this resulting contract.

(End of clause)

## H. 4 SMALL BUSINESS SUBCONTRACTING PLAN AND REPORTS (GSFC 52.219‑90)

##  (OCT 1999)

a\. Subcontracting Plan (Contractor)

FAR clause 52.219‑9, \"Small Business Subcontracting Plan\" is included
in this contract. The agreed to Subcontracting Plan required by the
clause is included as an attachment to the contract.

b\. Subcontracting Plan (Subcontractors)

In accordance with FAR clause 52.219‑9, the Contractor must require that
certain subcontractors adopt a plan similar to the Plan agreed to
between the Contractor and the Government.

c\. Reporting to Contracting Officer (SF 294\--Semi-annual and Final)

The Contractor shall prepare and submit Standard Form 294 (Rev. 12‑98),
\"Subcontracting Report for Individual Contracts\" in accordance with
the instructions on the back of the form.

The SF 294 must be submitted to the Contracting Officer on a semi-annual
basis. This report must be received no later than April 30 and October
30 each year for the reporting periods ending March 31 and September 30,
respectively. A final SF 294 must be submitted after contract
completion. The final SF 294 submittal must be received no later than
the due date for what would have been the next semi-annual report.

d\. Reporting to NASA Headquarters (SF 295\--Semi-annual)

The Contractor shall prepare and submit Standard Form 295 (Rev. 12‑98),
\"Summary Subcontract Report\" in accordance with the instructions on
the back of the form and in accordance with NASA FAR Supplement clause
1852.219‑75, \"Small Business Subcontracting Reporting\" of this
contract.

The SF 295 must be submitted to \"NASA, Office of Procurement, Code HS,
Washington, D.C. 20546-0001\" on an semi-annual basis no later than
April 30 and October 30 each year for the reporting periods ending March
31 and September 30, respectively.

e\. Subcontractor Reporting

FAR clause 52.219‑9 and NASA FAR Supplement clause 1852.219‑75 require
that the Contractor ensure that SF 294 and SF 295 reports are submitted
by those subcontractors that have been required to adopt a
Subcontracting Plan under the terms of the clause. These subcontractor
reports must be submitted as required by paragraphs (c)and (d) above.
The reports may be submitted though the Contractor or submitted
directly. Regardless, the Contractor is responsible for ensuring proper
and timely submittal of the required reports.

(End of clause)

## H. 5 SMALL DISADVANTAGED BUSINESS PARTICIPATION\--CONTRACT TARGETS (GSFC

##  52.219-91) (JAN 1999) (*for offeror fill-in*)

\(a\) This clause does not apply to, and should not be completed by,
Small Disadvantaged Business (SDB) offerors unless the SDB offeror has
waived the price adjustment evaluation adjustment \[see para (c.) of FAR
clause 52.219-23\].

\(b\) FAR 19.1202-4(a) requires that SDB subcontracting targets be
incorporated in the contract. Targets for this contract are as follows:

[\*DOC SIC Major Group]{.underline} [Dollar Target]{.underline} [Percent
of Contract Value]{.underline} [Total]{.underline}

(NOTE TO OFFERORS: ONLY LIST SDBs in any APPLICABLE, authorized NAICS
Industry Subsectors)

\*Department of Commerce Authorized Standard Industrial Classification
Major Group

(c.) FAR 19.1202-4(b) requires that SDB concerns that are specifically
identified by the offeror be listed in the contract when the extent of
the identification of such subcontractors was part of the SDB evaluation
subfactor. SDB concerns (subcontractors) specifically identified by the
offeror are as follows:

Name of Concern(s)

The contractor shall notify the Contracting Officer of any substitutions
of firms that are not SDB concerns.

\(d\) If the prime offeror is an SDB that has waived the price
evaluation adjustment, the target for the work it intends to perform as
a prime contractor is as follows:

[Dollars]{.underline} [Percent of Contract Value]{.underline}

(End of clause)

## 

**H.6 ADVANCE UNDERSTANDING REGARDING DATA RIGHTS**

1\) Deliverable Data Rights

Notwithstanding subsections (b)(1) and (g)(1) of Section I.1, clause
52.227-14, RIGHTS IN DATA-GENERAL (JUNE 1987) as modified, all data
deliverables under this Formulation Phase contract shall be subject to
subsection (g) (2) of said clause as limited rights data if so declared
by the contractor in accordance with that clause, but only until (a) the
award of the Implementation Phase contract, regardless of whether the
Contractor is awarded the Implementation Phase contract, or (b) a
determination by NASA not to award an Implementation Phase contract. At
such time, the Government shall possess unlimited rights to all data
described under subsections b(1)(i), b(1)(ii), and b(1)(iii), as well as
any other data not so declared by the Contractor pursuant to subsection
(g)(2), which shall not be subject to any confidential treatment.
Information provided by the Contractor to the Government as described in
section 3.3 Business Review of Attachment A, Statement of Work of this
contract shall constitute financial and management information and shall
not be construed to meet the definition of \"data\", as defined in
clause 52.227-14, RIGHTS IN DATA-GENERAL.

Pursuant to Section (g) (2) of the "Rights in Data - General" clause,
for the period the Government holds only limited rights to any
Formulation Phase data, the contractor hereby authorizes the Government
to disclose such data to non-government evaluators as stated in the
Limited Rights Notice provision of Section (g) (2). The Contractor shall
insert this condition in any Limited Rights notice, which may be affixed
to the data in accordance the "Rights in Data -- General (Alternate II)"
clause.

2\) Proposal Data Rights

Proposal data for which the Government obtains unlimited rights pursuant
to Clause I.3 RIGHTS TO PROPOSAL DATA shall be handled pursuant to
Section (g) (2) of the "Rights in Data -- General" clause as limited
rights data during the performance of the contract, but only until (a)
the award of the Implementation Phase contract, regardless of whether
the Contractor is awarded the Implementation Phase contract, or (b) a
determination by NASA not to award an Implementation Phase contract. The
unlimited rights in data that the Government obtains pursuant to Clause
I.3 RIGHTS IN PROPOSAL DATA shall be effective at the conclusion of the
contract. This clause takes precedence over clause I.3.

(End of text)

## H. 7 LIMITATION OF FUNDS (FIXED‑PRICE CONTRACT) (1852.232‑77) (MAR 1989)

\(a\) Of the total price of items A1 through A9, B1 and B2 of clause B.1
DELIVERABLE REQUIREMENTS, the sum of \$2,500,000 is presently available
for payment and allotted to this contract. It is anticipated that from
time to time additional funds will be allocated to the contract in
accordance with the following schedule, until the total price of said
item is allotted:

# [SCHEDULE FOR ALLOTMENT OF FUNDS]{.underline}

[Date(Months after effective date of Contract)]{.underline}
[Amounts]{.underline}

> 4 \$ 700,000

8.  \$1,800,000

\(b\) The Contractor agrees to perform or have performed work on the
items specified in paragraph (a) above up to the point at which, if this
contract is terminated pursuant to the Termination for Convenience of
the Government clause of this contract, the total amount payable by the
Government (including amounts payable for subcontracts and settlement
costs) pursuant to paragraphs (f) and (g) if that clause would, in the
exercise of reasonable judgment by the Contractor, approximate the total
amount at the time allotted to the contract. The Contractor is not
obligated to continue performance of the work beyond that point. The
Government is not obligated in any event to pay or reimburse the
Contractor more than the amount from time to time allotted to the
contract, anything to the contrary in the Termination for Convenience of
the Government clause notwithstanding.

\(c\) (1) It is contemplated that funds presently allotted to this
contract will cover the work to be performed until \_\_\_\_\_\_\_\_\_.
(***Offeror shall fill in appropriate date***.)

\(2\) If funds allotted are considered by the Contractor to be
inadequate to cover the work to be performed until that date, or an
agreed date substituted for it, the Contractor shall notify the
Contracting Officer in writing when within the next 60 days the work
will reach a point at which, if the contract is terminated pursuant to
the Termination for Convenience of the Government clause of this
contract, the total amount payable by the Government (including amounts
payable for subcontracts and settlement costs) pursuant to paragraphs
(f) and (g) of that clause will approximate 75 percent of the total
amount then allotted to the contract.

\(3\) (i) The notice shall state the estimated date when the point
referred to in subparagraph (2) above will be reached and the estimated
amount of additional funds required to continue performance to the date
specified in subparagraph (1) above, or an agreed date substituted for
it.

\(ii\) The Contractor shall, 60 days in advance of the date specified in
subparagraph (1) above, or an agreed date substituted for it, advise the
Contracting Officer in writing as to the estimated amount of additional
funds required for the timely performance of the contract for a further
period as may be specified in the contract or otherwise agreed to by the
parties.

\(4\) If, after the notification referred to in subdivision (3)(ii)
above, additional funds are not allotted by the date specified in
subparagraph (1) above, or an agreed date substituted for it, the
Contracting Officer shall, upon the Contractor\'s written request,
terminate this contract on that date or on the date set forth in the
request, whichever is later, pursuant to the Termination for Convenience
of the Government clause.

\(d\) When additional funds are allotted from time to time for continued
performance of the work under this contract, the parties shall agree on
the applicable period of contract performance to be covered by these
funds. The provisions of paragraphs (b) and (c) above shall apply to
these additional allotted funds and substituted date pertaining to them,
and the contract shall be modified accordingly.

\(e\) If, solely by reason of the Government\'s failure to allot
additional funds in amounts sufficient for the timely performance of
this contract, the Contractor incurs additional costs or is delayed in
the performance of the work under this contract, and if additional funds
are allotted, an equitable adjustment shall be made in the price or
prices (including appropriate target, billing, and ceiling prices where
applicable) of the items to be delivered, or in the time of delivery or
both.

\(f\) The Government may at any time before termination, and, with the
consent of the Contractor, after notice of termination, allot additional
funds for this contract.

\(g\) The provisions of this clause with respect to termination shall in
no way be deemed to limit the rights of the Government under the Default
clause of this contract. The provisions of this Limitation of Funds
clause are limited to the work on and allotment of funds for the items
set forth in paragraph (a) above. This clause shall become inoperative
upon the allotment of funds for the total price of said work except for
rights and obligations then existing under this clause.

\(h\) Nothing in this clause shall affect the right of the Government to
terminate this contract pursuant to the Termination for Convenience of
the Government clause of this contract.

(End of clause)

**H.8 ADVANCE AGREEMENT REGARDING USE OF MIT/LL SERVICES**

\(a\) This clause only applies if the Contractor has proposed, and this
contract includes, use of any technical support or services as described
in Attachment E.

\(b\) This contract includes use by the Contractor of
Government-furnished MIT/LL technical support or services, as described
in Attachment G under clause J.1 LIST OF ATTACHMENTS, at a total amount
not-to-exceed ***[dollar amount to be filled in by
offeror]{.underline}***. The total of this not-to-exceed amount, when
added to the total firm-fixed price of this contract as stated in clause
B.2 FIRM FIXED PRICE, shall not exceed **[\$5,000,000]{.underline}**.

(a) These services are performed by MIT/LL under an interagency
    arrangement between NASA/Goddard Space Flight Center and another
    government agency. Thus, as an interagency arrangement, performance
    for Goddard is only on a cost basis, and no guarantee is provided
    that the work will be completed within the estimated cost provided.
    Therefore, if, during performance of this contract, the Contractor
    requires additional technical support or services within the scope
    of Attachment E, or MIT/LL requires additional funding in order to
    complete the work previously requested and the contractor elects to
    fund additional amounts for completion of the work, the Contractor
    shall notify the Contracting Officer, in writing. This notice shall
    be provided at least 30 days prior to the date the support/services
    are needed, and shall include a detailed description of the
    additional support/services and an estimated total price for the
    support/services required. No such work will be performed until the
    contract is modified to recognize the additional requirements, and
    adjust the total NTE of this clause, with a concomitant reduction of
    the firm fixed price of this contract.

```{=html}
<!-- -->
```
(c) The Contractor Officer shall issue a bilateral modification to make
    any necessary adjustment to the firm-fixed price of this contract
    for any additional technical support or services required by the
    Contractor as provided for in paragraph (c) of this clause.

\(e\) The Government makes no guarantee that the work as described under
Attachment G will be completed for the estimated cost initially
established hereunder, and the contractor assumes sole responsibility
for any impacts arising from the use of MIT/LL for Government-furnished
technical support or services. The Contractor remains responsible for
performing the full scope of the contract, even if the MIT/LL SOW
proposed, included as Attachment G, is not acceptable to MIT/LL or
approved by NASA.

(End of Text)

**H.9 MAJOR BREACH OF SAFETY OR SECURITY (1852.223-75) (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. Safety is essential
to NASA and is a material part of this contract.

NASA's safety priority is to protect: (1) the public; (2) astronauts and
pilots; (3) the NASA workforce

(including contractor employees working on NASA contracts); and (4)
high-value equipment and property. A

major breach of safety may constitute a breach of contract that entitles
the Government to exercise any of its rights and

remedies applicable to material parts of this contract, including
termination for default. A major breach of safety must be

related directly to the work on the contract. A major breach of safety
is an act or omission of the Contractor that consists

of an accident, incident, or exposure resulting in a fatality or mission
failure; or in damage to equipment or property equal

to or greater than \$1 million; or in any \"willful\" or \"repeat\"
violation cited by the Occupational Health and Safety

Administration (OSHA) or by a state agency operating under an OSHA
approved plan.

\(b\) Security is the condition of safeguarding against espionage,
sabotage, crime (including computer crime), or attack. A

major breach of security may constitute a breach of contract that
entitles the Government to exercise any of its rights and

remedies applicable to material parts of this contract, including
termination for default. A major breach of security may

occur on or off Government installations, but must be related directly
to the work on the contract. A major breach of

security may arise from any of the following: compromise of classified
information; illegal technology transfer; workplace

violence resulting in criminal conviction; sabotage; compromise or
denial of information technology services; damage or

loss greater than \$250,000 to the Government; or theft.

\(c\) In the event of a major breach of safety or security, the
Contractor shall report the breach to the Contracting Officer.

If directed by the Contracting Officer, the Contractor shall conduct its
own investigation and report the results to the

Government. The Contractor shall cooperate with the Government
investigation, if conducted.

(End of clause)

**H.10 EXPORT LICENSES (1852.225-70)(FEBRUARY 2000)**

\(a\) The Contractor shall comply with all U.S. export control laws and
regulations, including the International Traffic in

Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export
Administration Regulations (EAR), 15 CFR

Parts 730 through 799, in the performance of this contract. In the
absence of available license exemptions/exceptions, the

Contractor shall be responsible for obtaining the appropriate licenses
or other approvals, if required, for exports of

hardware, technical data, and software, or for the provision of
technical assistance.

\(b\) The Contractor shall be responsible for obtaining export licenses,
if required, before utilizing foreign persons in the

performance of this contract, including instances where the work is to
be performed on-site at \[insert name of NASA

installation\], where the foreign person will have access to
export-controlled technical data or software.

\(c\) The Contractor shall be responsible for all regulatory record
keeping requirements associated with the use of licenses

and license exemptions/exceptions.

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

(End of clause)

## I. 1 SECTION I CLAUSES INCORPORATED BY REFERENCE

(52.202-1) DEFINITIONS (MAY 2001)

(52.203-3) GRATUITIES (APR 1984)

(52.203-5) COVENANT AGAINST CONTINGENT FEES (APR 1984)

(52.203-6) RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL
1995)

(52.203-7) ANTI-KICKBACK PROCEDURES (JUL 1995)

(52.203-8) CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL
OR IMPROPER ACTIVITY (JAN 1997)

(52.203-10) PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY
(JAN 1997)

(52.203-12) LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (JUN 1997)

(52.204-4) PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

(52.209-6) PROTECTING THE GOVERNMENT\'S INTEREST WHEN SUBCONTRACTING
WITH CONTRACTORS DEBARRED,SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL
1995)

(52.215-2) AUDIT AND RECORDS\--NEGOTIATION (JUNE 1999)

8.  ORDER OF PRECEDENCE\--UNIFORM CONTRACT FORMAT (OCT 1997)

```{=html}
<!-- -->
```
11. Price Reduction for Defective Cost or Pricing Data-Modifications
    (OCT

> 1997\)

(52.215-13) Subcontractor Cost or Pricing Data-Modifications (OCT 1997)

14. INTEGRITY OF UNIT PRICES (OCT 1997)

15. Pension Adjustments and Asset Reversions (DEC 1998)

```{=html}
<!-- -->
```
18. Reversion or Adjustment of Plans for Postretirement Benefits (PRB)

> Other Than Pensions (OCT 1997)

(52.215-19) Notification of Ownership Changes (OCT 1997)

(52.215-21) REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER
THAN COST OR PRICING DATA\--MODIFICATIONS (OCT 1997)

(52.219-4) NOTICE OF PRICE EVALUATION ADJUSTMENT FOR HUBZone SMALL
BUSINESS CONCERNS (JAN 1999){offeror elects to waive the evaluation
preference \[ \]}

(52.219-8) UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2000)

(52.219-9) SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2000)\--ALTERNATE II
(OCT 2000)

(52.219-16) LIQUIDATED DAMAGES\--SUBCONTRACTING PLAN (JAN 1999)

(52.219-23) NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL
DISADVANTAGED BUSINESS CONCERNS (MAY 2001)\[the factor in para (b)is 10
percent} {offeror elects to waive adjustment \[ \]}

(52.219-25) SMALL DISADVANTAGED BUSINESS PARTICIPATION
PROGRAM\--DISADVANTAGED STATUS AND REPORTING (OCT 1999)

(52.222-3) Convict Labor (Aug 1996)

21. PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

(52.222-26) EQUAL OPPORTUNITY (FEB 1999)

(52.222-35) AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE
VIETNAM ERA (APR 1998)

(52.222-36) AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)

(52.222-37) EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE
VIETNAM ERA (JAN 1999)

6.  DRUG FREE WORK PLACE (MAY 2001)

(52.223-14) TOXIC CHEMICAL RELEASE REPORTING (OCT 2000)

(52.225-14) INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF
CONTRACT (FEB 2000)

(52.227-1) AUTHORIZATION AND CONSENT (JUL 1995)\--ALTERNATE I (APR 1984)

2.  NOTICE AND ASSISTANCE REGARDING PATENT AND COPY-RIGHT INFRINGEMENT

(AUG 1996)

(52.227-11) Patent Rights-Retention By The Contractor (Short Form) (June
1997)

(52.227-14) RIGHTS IN DATA-GENERAL (JUN 1987) as modified by FAR
52.227-14 ALTERNATE II (JUNE 1987), as further modified by NASA FAR
Supplement 1852.227-14 (JUN 1987)

(52.227-16) ADDITIONAL DATA REQUIREMENTS (JUN 1987)

(52.229-3) FEDERAL, STATE, AND LOCAL TAXES (JAN 1991)

(52.229-5) TAXES\--CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO
RICO (APR 1984)

(52.230-2) COST ACCOUNTING STANDARDS (APR 1998)

6.  ADMINISTRATION OF COST ACCOUNTING STANDARDS (NOV 1999)

```{=html}
<!-- -->
```
2.  PAYMENTS UNDER FIXED-PRICE RESEARCH AND DEVELOPMENT CONTRACTS

> (APR 1984)

(52.232-8) DISCOUNTS FOR PROMPT PAYMENT (MAY 1997)

17. INTEREST (JUN 1996)

(52.232-23) ASSIGNMENT OF CLAIMS (JAN 1986)

(52.232-25) PROMPT PAYMENT (MAY 2001) (b)(2), second sentence shall have
a 30 day period for any financing payments.

(52.232-34) PAYMENT BY ELECTRONIC FUNDS TRANSFER\--OTHER THAN CENTRAL
CONTRACTOR REGISTRATION (MAY 1999)\[para (b)(1) fill-in (hereafter:
\"designated office\"\--Cost and Commercial Accounts Department, Code
155, NASA/Goddard Space Flight Center, Greenbelt, MD 20771, FAX
301-286-1748, no later than concurrent with the first request for
payment.\]

(52.233-1) DISPUTES (DEC 1998)

(52.233-3) PROTEST AFTER AWARD (AUG 1996)

(52.242-13) BANKRUPTCY (JUL 1995)

(52.243-1) CHANGES\--FIXED PRICE (AUG 1987)\--ALTERNATE V (1984)

6.  CHANGE ORDER ACCOUNTING (APR 1984)

7.  Notification of Changes (APR 1984)

(52.245-4) Government-Furnished Property (Short Form) (Apr 1984)

(52.246-23) LIMITATION OF LIABILITY (FEB 1997)

(52.249-2) TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE)
(SEP 1996)

(52.249-9) DEFAULT (FIXED-PRICE RESEARCH AND DEVELOPMENT) (APR 1984)

84. Ombudsman (JUNE 2000) The installation ombudsman is the Director of
    the Contract Management Division, at 202-358-0422, facsimile
    202-358-3083, e-mail, sthomps1@hq.nasa.gov

(1852.223-72) Safety and Health (Short Form)(MAY 2001)

(1852.223-74) DRUG-AND ALCOHOL-FREE WORKPLACE (MAR 1996)

(1852.243-71) SHARED SAVINGS (MAR 1997)

(End of \"By Reference\" Section)

## I. 2 APPROVAL OF CONTRACT (52.204‑1) (DEC 1989)

This contract is subject to the written approval of Mr. Michael J.
Ladomirak, GSFC Procurement Officer, and shall not be binding until so
approved.

(End of clause)

## I. 3 RIGHTS TO PROPOSAL DATA (52.227‑23) (TECHNICAL) (JUN 1987)

Except for data contained on pages ***(to be completed by offeror)***,
it is agreed that as a condition of award of this contract, and
notwithstanding the conditions of any notice appearing thereon, the
Government shall have unlimited rights (as defined in the \"Rights in
Data‑‑General\" clause contained in this contract) in and to the
technical data contained in the proposal dated ***(to be completed by
offeror)***, upon which this contract is based.

(End of Clause)

## I. 4 PAYMENTS UNDER FIXED‑PRICE RESEARCH AND DEVELOPMENT CONTRACTS (52.232‑2) (APR 1984)

The Government shall pay the Contractor, upon submission of proper
invoices or vouchers, the prices stipulated in this contract for work
delivered or rendered and accepted, less any deductions provided in this
contract. Unless otherwise specified, payment shall be made upon
acceptance of any portion of the work delivered or rendered for which a
price is separately stated in the contract.

(End of clause)

## I. 5 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (52.244-6) (MAY 2001)

\(a\) Definitions. As used in this clause\--

\"Commercial item\" has the meaning contained in the clause at 52.202-1,
Definitions.

\"Subcontract\" includes a transfer of commercial items between
divisions, subsidiaries, or affiliates of the Contractor or

subcontractor at any tier.

\(b\) To the maximum extent practicable, the Contractor shall
incorporate, and require its subcontractors at all tiers to

incorporate, commercial items or nondevelopmental items as components of
items to be supplied under this contract.

(c)(1) The following clauses shall be flowed down to subcontracts for
commercial items:

\(i\) 52.219-8, Utilization of Small Business Concerns (Oct 2000) (15
U.S.C. 637(d)(2) and (3)), in all subcontracts that

offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds

\$500,000 (\$1,000,000 for construction of any public facility), the
subcontractor must include 52.219-8 in lower tier

subcontracts that offer subcontracting opportunities.

\(ii\) 52.222-26, Equal Opportunity (Feb 1999) (E.O. 11246).

\(iii\) 52.222-35, Affirmative Action for Disabled Veterans and Veterans
of the Vietnam Era (Apr 1998) (38 U.S.C.

4212(a)).

\(iv\) 52.222-36, Affirmative Action for Workers with Disabilities (Jun
1998) (29 U.S.C. 793).

\(v\) 52.247-64, Preference for Privately Owned U.S.-Flagged Commercial
Vessels (Jun 2000) (46 U.S.C. Appx 1241)

(flowdown not required for subcontracts awarded beginning May 1, 1996).

\(2\) While not required, the Contractor may flow down to subcontracts
for commercial items a minimal number of

additional clauses necessary to satisfy its contractual obligations.

\(d\) The Contractor shall include the terms of this clause, including
this paragraph (d), in subcontracts awarded under this

contract.

(End of clause)

## I.6 CLAUSES INCORPORATED BY REFERENCE (52.252‑2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the
same force and effect as if they were given in full text. Upon request,
the Contracting Officer will make their full text available. Also, the
full text of a clause may be accessed electronically at this/these
address(es):

Federal Acquisition Regulation (FAR) clauses:

http://www.arnet.gov/far/

NASA FAR Supplement (NFS) clauses:

http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm

(End of clause)

## I. 7 COMPUTER GENERATED FORMS (52.253‑1) (JAN 1991)

\(a\) Any data required to be submitted on a Standard or Optional Form
prescribed by the Federal Acquisition Regulation (FAR) may be submitted
on a computer generated version of the form, provided there is no change
to the name, content, or sequence of the data elements on the form, and
provided the form carries the Standard or Optional Form number and
edition date.

\(b\) Unless prohibited by agency regulations, any data required to be
submitted on an agency unique form prescribed by an agency supplement to
the FAR may be submitted on a computer generated version of the form
provided there is no change to the name, content, or sequence of the
data elements on the form and provided the form carries the agency form
number and edition date.

\(c\) If the Contractor submits a computer generated version of a form
that is different than the required form, then the rights and
obligations of the parties will be determined based on the content of
the required form.

(End of clause)

## I. 8 PHASED ACQUISITION USING PROGRESSIVE COMPETITION DOWN‑SELECTION PROCEDURES

##  (1852.217‑72) (MAY 2000)

\(a\) This acquisition is for Landsat Data Continuity Mission (LDCM)
data products and services. The acquisition will be conducted as a
two‑phased procurement using a progressive competition down‑selection
technique between phases. In this technique, the Government may select
multiple Contractors for Phase 1. It is expected that the single
contractor for Phase 2 will be chosen from among these Contractors after
a competitive down‑selection.

\(b\) Phase 1 is designated as the Formulation Phase, and is for the
completion of the necessary detailed trade studies to develop a concept
and preliminary design that ensures successful completion of the
requirements. Phase 2 is designated as the Implementation Phase and is
for development of the detailed design followed by fabrication,
integration, test, launch, and data delivery.

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

\(d\) NASA does not intend to issue a separate, formal solicitation for
the Implementation Phase. Instead, the Implementation Phase proposals
will be requested from the Formulation Phase contractors by means of a
letter. All information required for preparation of Implementation Phase
proposals, including the final evaluation criteria and factors, will be
provided at that time.

\(e\) The Implementation Phase will be synopsized in the Commerce
Business Daily (CBD) in accordance with FAR 5.201 and 5.203 unless one
of the exceptions in FAR 5.202 applies. Notwithstanding NASA\'s
expectation that only the Formulation Phase contractors will be capable
of successfully competing for the Implementation Phase, all proposals
will be considered. Any other responsible source may indicate its desire
to submit a proposal by responding to the Implementation Phase synopsis,
and NASA will provide that source all the material furnished to the
Formulation Phase contractors necessary to submit a proposal.

\(f\) To be considered for Implementation Phase award, offerors must
demonstrate a design maturity equivalent to that of the Formulation
Phase contractors. This demonstration shall include the following
elements of the Formulation Phase deliverables upon which the
Implementation Phase award will be based:

1.  Completion of a Preliminary Design

2\. Results of completed Trade Studies and Analysis

(fully compliant with SOW requirements)

3\. Risk Management Plan

Failure to fully and completely demonstrate the appropriate level of
design maturity may render the proposal unacceptable with no further
consideration for contract award.

\(g\) The following draft Implementation Phase evaluation factors are
provided for your information: Mission Suitability, Past Performance,
and Cost/Price. The subfactors for Mission Suitability include Design,
Implementation Approach, Management Approach, Safety and Health, and
Small Disadvantage Business Participation Program. Please note that
these evaluation factors are not final, and NASA reserves the right to
change them at any time up to and including the date upon which the
Implementation Phase proposals are requested. Any such changes in
evaluation factors will not necessitate issuance of a new, formal
solicitation for the Implementation Phase.

For the Implementation Phase, Cost/Price is expected to be less
important than Mission Suitability plus Past Performance. As individual
factors, the Cost/Price Factor is expected to be less important than the
combined importance of the Mission Suitability Factor plus Past
Performance Past Performance factors.

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

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

Formulation Phase award -- Mar 2002

Implementation Phase synopsis ‑ Sep 2002

Implementation Phase proposal requested ‑ Oct 2002

Implementation Phase proposal receipt ‑ Dec 2002

Implementation Phase award ‑ Mar 2003

(End of clause)

## I.9 USE OF RURAL AREA SMALL BUSINESSES (1852.219‑74) (SEP 1990)

\(a\) Definitions.

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

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

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

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

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

(End of clause)

## I.10 SMALL BUSINESS SUBCONTRACTING REPORTING (1852.219-75) (MAY 1999)

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

\(b\) The Contractor shall include this clause in all subcontracts that
include the clause at FAR 52.219-9.

(End of clause)

## I.11 NASA 8 PERCENT GOAL (1852.219-76) (JUL 1997)

\(a\) Definitions.

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

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

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

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

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

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

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

(End of clause)

## I.12 CENTER FOR AEROSPACE INFORMATION\--FINAL SCIENTIFIC AND TECHNICAL REPORTS

##  (1852.235-70) (JULY 2000)

\(a\) The Contractor should register with and avail itself of the
services provided by the NASA Center for AeroSpace Information (CASI)
(http://www.sti.nasa.gov) for the conduct of research or research and
development required under this contract. CASI provides a variety of
services and products as a central NASA repository of research
information, which may enhance contract performance. The address is set
out in paragraph (d) of this clause.

\(b\) Should the CASI information or service requested by the Contractor
be unavailable or not in the exact form necessary by the Contractor,
neither CASI nor NASA is obligated to search for or change the format of
the information. A failure to furnish information shall not entitle the
Contractor to an equitable adjustment under the terms and conditions of
this contract.

\(c\) In addition to the final report, as defined at 1827.406-70(a)(3),
submitted to the contracting officer, a reproducible copy and a printed
or reproduced copy of the final report or data shall be concurrently
submitted to:

Center for AeroSpace Information (CASI)

Attn: Document Processing Section

7121 Standard Drive

Hanover, Maryland 21076-1320

Phone: 301-621-0390

FAX: 301-621-0134

\(d\) The last page of the final report submitted to CASI shall be a
completed Standard Form (SF) 298, Report Documentation Page. In addition
to the copy of the final report, the contractor shall provide, to CASI,
a copy of the letter transmitting the final report to NASA for its
Document Availability Authorization (DAA) review.

\(e\) The contractor shall not release the final report, outside of
NASA, until the DAA review has been completed by NASA and availability
of the report has been determined.

(End of clause)

## J. 1 LIST OF ATTACHMENTS (GSFC 52.211‑101) (OCT 1988)

The following attachments constitute part of this contract:

[Attachment]{.underline} [Description (Date)/# Pages]{.underline}

A LDCM Formulation Phase Statement of Work (dated November 1, 2001)/

> B Landsat Data Continuity Mission (LDCM) Data Specification (dated
> November 1, 2001)/
>
> C Landsat Data Continuity Mission (LDCM) Acronym List and Lexicon
> (dated November 1, 2001)/

D Landsat Data Continuity Mission (LDCM) Data Policy (dated October 29,
2001)

E Landsat Data Continuity Mission (LDCM) Lincoln Labs/ALI Technology
Support (dated November 1, 2001)/

F Small Business Subcontracting Plan (TBD)/TBD**\***

G MIT/LL Technology Transfer Support SOW (TBD)/TBD\*

\*The Offeror shall submit Attachments F and G, (Attachment G only if
applicable) with its proposal \-- This remark and the \* above will be
deleted in the signed contract version submitted with the proposal. The
offeror shall also correct the reference to the document (title, date,
and number of pages.)

(End of clause)

## K. 1 COMPLIANCE WITH VETERANS EMPLOYMENT REPORTING REQUIREMENTS (FEB 1999)

By submission of its offer, the offeror represents that, if it is
subject to the reporting requirements of 37 U.S.C. 4212(d) (i.e., the
VETS-100 report required by Federal Acquisition Regulation clause
52.222-37, Employment Reports on Disabled Veterans and Veterans of the
Vietnam Era), it has submitted the most recent report required by 37
U.S.C. 4212(d).

(End of provision)

## K. 2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (52.203‑2) (APR 1985)

\(a\) The offeror certifies that‑‑

\(1\) The prices in this offer have been arrived at independently,
without, for the purpose of restricting competition, any consultation,
communication, or agreement with any other offeror or competitor
relating to (i) those prices, (ii) the intention to submit an offer, or
(iii) the methods or factors used to calculate the prices offered;

\(2\) The prices in this offer have not been and will not be knowingly
disclosed by the offeror, directly or indirectly, to any other offeror
or competitor before bid opening (in the case of a sealed bid
solicitation) or contract award (in the case of a negotiated
solicitation) unless otherwise required by law; and

\(3\) No attempt has been made or will be made by the offeror to induce
any other concern to submit or not to submit an offer for the purpose of
restricting competition.

\(b\) Each signature on the offer is considered to be a certification by
the signatory that the signatory‑‑

\(1\) Is the person in the offeror\'s organization responsible for
determining the prices being offered in this bid or proposal, and that
the signatory has not participated and will not participate in any
action contrary to subparagraphs (a)(1) through (a)(3) above; or

\(2\) (i) Has been authorized in writing, to act as agent for the
following principals in certifying that those principals have not
participated, and will not participate in any action contrary to
subparagraphs (a)(1) through (a)(3) above
\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....
\[insert full name of person(s) in the offeror\'s organization
responsible for determining the prices offered in this bid or proposal,
and the title of his or her position in the offeror\'s organization\].

\(ii\) As an authorized agent, does certify that the principals named in
subdivision (b)(2)(i) above have not participated, and will not
participate, in any action contrary to subparagraphs (a)(1) through
(a)(3) above; and

\(iii\) As an agent, has not personally participated, and will not
participate, in any action contrary to subparagraphs (a)(1) through
(a)(3) above.

\(c\) If the offeror deletes or modifies subparagraph (a)(2) above, the
offeror must furnish with its offer a signed statement setting forth in
detail the circumstances of the disclosure.

(End of provision)

## K. 3 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (52.203‑11) (APR 1991)

\(a\) The Definitions and prohibitions contained in the clause, at FAR
52.203‑12, Limitation on Payments to Influence Certain Federal
Transactions, included in this solicitation, are hereby incorporated by
reference in paragraph (b) of this certification.

\(b\) The offeror, by signing its offer, hereby certifies to the best of
his or her knowledge and belief that on or after December 23, 1989‑‑

\(1\) No Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress on his or her behalf in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;

\(2\) If any funds other than Federal appropriated funds (including
profit or fee received under a covered Federal transaction) have been
paid, or will be paid, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress
on his or her behalf in connection with this solicitation, the offeror
shall complete and submit, with its offer, OMB standard form LLL,
Disclosure of Lobbying Activities, to the Contracting Officer; and

\(3\) He or she will include the language of this certification in all
subcontract awards at any tier and require that all recipients of
subcontract awards in excess of \$100,000 shall certify and disclose
accordingly.

\(c\) Submission of this certification and disclosure is a prerequisite
for making or entering into this contract imposed by section 1352, title
31, United States Code. Any person who makes an expenditure prohibited
under this provision or who fails to file or amend the disclosure form
to be filed or amended by this provision, shall be subject to a civil
penalty of not less than \$10,000, and not more than \$100,000, for each
such failure.

(End of provision)

## K. 4 TAXPAYER IDENTIFICATION (52.204‑3) (OCT 1998)

\(a\) Definitions.

\"Common parent,\" as used in this provision, means that corporate
entity that owns or controls an affiliated group of corporations that
files its Federal income tax returns on a consolidated basis, and of
which the offeror is a member.

\"Taxpayer Identification Number (TIN),\" as used in this provision,
means the number required by the Internal Revenue Service (IRS) to be
used by the offeror in reporting income tax and other returns. The TIN
may be either a Social Security Number or an Employer Identification
Number.

\(b\) All offerors must submit the information required in paragraphs
(d) through (f) of this provision to comply with debt collection
requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of
26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by
the IRS. If the resulting contract is subject to the payment reporting
requirements described in Federal Acquisition Regulation (FAR) 4.904,
the failure or refusal by the offeror to furnish the information may
result in a 31 percent reduction of payments otherwise due under the
contract.

(c)The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror's relationship with the
Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject
to the payment reporting requirements described in FAR 4.904, the TIN
provided hereunder may be matched with IRS records to verify the
accuracy of the offeror's TIN.

\(d\) Taxpayer Identification Number (TIN).

\[ \] TIN: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\[ \] TIN has been applied for.

\[ \] TIN is not required because:

\[ \] Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the United States and does not have an
office or place of business or a fiscal paying agent in the United
States.;

\[ \] Offeror is an agency or instrumentality of a foreign government;

\[ \] Offeror is an agency or instrumentality of the Federal government;

\(e\) Type of organization.

\[ \] Sole proprietorship;

\[ \] Partnership;

\[ \] Corporate entity (not tax exempt);

\[ \] Corporate entity (tax-exempt);

\[ \] Government entity (Federal, State, or local);

\[ \] Foreign government;

\[ \] International organization per 26 CFR 1.6049-4;

\[ \] Other
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(f\) Common Parent.

\[ \] Offeror is not owned or controlled by a common parent as defined
in paragraph (a) of this provision.

\[ \] Name and TIN of common parent:

Name\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TIN
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(End of provision)

## K. 5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (52.204-5) (MAY 1999)

\(a\) Definition. \"Women-owned business concern,\" as used in this
provision, means a concern that is at least 51 percent owned by one or
more women; or in the case of any publicly owned business, at least 51
percent of its stock is owned by one or more women; and whose management
and daily business operations are controlled by one or more women.

\(b\) Representation. \[Complete only if the offeror is a women-owned
business concern and has not represented itself as a small business
concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program
Representations, of this solicitation.\] The offeror represents that it
\[ \] is a women-owned business concern.

(End of provision)

## K. 6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (52.209-5) (APR 2001)

(a)(1) The Offeror certifies, to the best of its knowledge and belief,
that-

\(i\) The Offeror and/or any of its Principals-

\(A\) Are o are not o presently debarred, suspended, proposed for
debarment, or declared ineligible for the award of contracts by any
Federal agency;

\(B\) Have o have not o, within the three-year period preceding this
offer, been convicted of or had a civil judgment rendered against them
for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, state,
or local) contract or subcontract; violation of Federal or state
antitrust statutes relating to the submission of offers; or commission
of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, tax evasion, or receiving stolen
property; \[This language stayed indefinitely. Please use paragraph
(a)(1)(i)(D) below.\]

\(C\) Are o are not o presently indicted for, or otherwise criminally or
civilly charged by a governmental entity with, commission of any of the
offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and
\[This language stayed indefinitely. Please use paragraph (a)(1)(i)(E)
below.\]

\(D\) Have o have not o, within a three-year period preceding this
offer, been convicted of or had a civil judgment rendered against them
for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, state,
or local) contract or subcontract; violation of Federal or state
antitrust statutes relating to the submission of offers; or commission
of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, tax evasion, or receiving stolen
property; and

\(E\) Are o are not o presently indicted for, or otherwise criminally or
civilly charged by a governmental entity with, commission of any of the
offenses enumerated in subdivision (a)(1)(i)(D) of this provision.

(ii)(A) \[This paragraph (a)(1)(ii) is stayed indefinitely.\] The
offeror, aside from the offenses enumerated in paragraphs (a)(1)(i)(A),
(B), and (C) of this provision, has o has not o within the past three
years, relative to tax, labor and employment, environmental, antitrust,
or consumer protection laws-

\(1\) Been convicted of a Federal or State felony (or has any Federal or
State felony indictments currently pending against them); or

\(2\) Had a Federal court judgment in a civil case brought by the United
States rendered against them; or

\(3\) Had an adverse decision by a Federal administrative law judge,
board, or commission indicating a willful violation of law.

\(B\) If the offeror has responded affirmatively, the offeror shall
provide additional information if requested by the Contracting Officer;
and

\(iii\) The Offeror has o has not o, within a three-year period
preceding this offer, had one or more contracts terminated for default
by any Federal agency.

\(2\) \"Principals,\" for the purposes of this certification, means
officers; directors; owners; partners; and, persons having primary
management or supervisory responsibilities within a business entity
(e.g., general manager; plant manager; head of a subsidiary, division,
or business segment, and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an
Agency of the United States and the Making of a False, Fictitious, or
Fraudulent Certification May Render the Maker Subject to Prosecution
Under Section 1001, Title 18, United States Code.

\(b\) The Offeror shall provide immediate written notice to the
Contracting Officer if, at any time prior to contract award, the Offeror
learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.

\(c\) A certification that any of the items in paragraph (a) of this
provision exists will not necessarily result in withholding of an award
under this solicitation. However, the certification will be considered
in connection with a determination of the Offeror\'s responsibility.
Failure of the Offeror to furnish a certification or provide such
additional information as requested by the Contracting Officer may
render the Offeror nonresponsible.

\(d\) Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith,
the certification required by paragraph (a) of this provision. The
knowledge and information of an Offeror is not required to exceed that
which is normally possessed by a prudent person in the ordinary course
of business dealings.

\(e\) The certification in paragraph (a) of this provision is a material
representation of fact upon which reliance was placed when making award.
If it is later determined that the Offeror knowingly rendered an
erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting
from this solicitation for default.

(End of provision)

## K. 7 PLACE OF PERFORMANCE (52.215-6) (OCT 1997) 

\(a\) The offeror or respondent, in the performance of any contract
resulting from this solicitation,

\[ \] intends, \[ \] does not intend \[check applicable block\] to use
one or more plants or facilities located at a different address from the
address of the offeror or respondent as indicated in this proposal or
response to request for information.

\(b\) If the offeror or respondent checks "intends" in paragraph (a) of
this provision, it shall insert in the following spaces the required
information:

# Place of performance Name and address of owner and

(street address, city, state, operator of the plant or facility

county, zip code) if other than offeror or respondent

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

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

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

(End of provision)

## K. 8 SMALL BUSINESS PROGRAM REPRESENTATIONS (52.219-1) (MAY 2001)\--ALTERNATE I (OCT 2000)

## AND ALTERNATE II )(OCT 2000)

52.219-1 Small Business Program Representations.

As prescribed in 19.307(a)(1), insert the following provision:

Small Business Program Representations (May 2001)

(a)(1) The North American Industry Classification System (NAICS) code
for this acquisition is \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \[insert NAICS
code\].

\(2\) The small business size standard is \_\_\_\_\_\_\_\_\_\_\_\_\_
\[insert size standard\].

\(3\) The small business size standard for a concern which submits an
offer in its own name, other than on a construction

or service contract, but which proposes to furnish a product which it
did not itself manufacture, is 500 employees.

\(b\) Representations.

\(1\) The offeror represents as part of its offer that it o is, o is not
a small business concern.

\(2\) \[Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision.\] The offeror
represents, for general statistical purposes, that it o is, o is not, a
small disadvantaged business concern as defined in 13 CFR 124.1002.

\(3\) \[Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision.\] The offeror
represents as part of its offer that it o is, o is not a women-owned
small business concern.

\(4\) \[Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision.\] The offeror
represents as part of its offer that it o is, o is not a veteran-owned
small business concern.

\(5\) \[Complete only if the offeror represented itself as a
veteran-owned small business concern in paragraph (b)(4) of

this provision.\] The offeror represents as part of its offer that it o
is, o is not a service-disabled veteran-owned small business concern.

\(6\) \[Complete only if offeror represented itself as a small business
concern in paragraph (b)(1) of this provision.\] The offeror represents,
as part of its offer, that-

\(i\) It o is, o is not a HUBZone small business concern listed, on the
date of this representation, on the List of Qualified HUBZone Small
Business Concerns maintained by the Small Business Administration, and
no material change in ownership and control, principal office of
ownership, or HUBZone employee percentage has occurred since it was
certified by the Small Business Administration in accordance with 13 CFR
part 126; and (ii) It o is, o is not a joint venture that complies with
the requirements of 13 CFR part 126, and the representation in paragraph
(b)(6)(i) of this provision is accurate for the HUBZone small business
concern or concerns that are participating in the joint venture. \[The
offeror shall enter the name or names of the HUBZone small business
concern or concerns that are participating in the joint venture:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.\] Each HUBZone small
business concern participating in the joint venture shall submit a
separate signed copy of the HUBZone representation.

\(7\) \[Complete if offeror represented itself as disadvantaged in
paragraph (b)(2) of this provision.\] The offeror shall check the
category in which its ownership falls:

\_\_\_\_\_ Black American.

\_\_\_\_\_ Hispanic American.

\_\_\_\_\_ Native American (American Indians, Eskimos, Aleuts, or Native

Hawaiians).

\_\_\_\_\_ Asian-Pacific American (persons with origins from Burma,
Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan,
Laos, Cambodia (Kampuchea), Vietnam, Korea, The

Philippines, U.S. Trust Territory of the Pacific Islands (Republic of
Palau), Republic of the Marshall Islands, Federated States of
Micronesia, the Commonwealth of the Northern Mariana Islands, Guam,

Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

\_\_\_\_\_ Subcontinent Asian (Asian-Indian) American (persons with
origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the
Maldives Islands, or Nepal).

\_\_\_\_\_ Individual/concern, other than one of the preceding. (a)(1)
The North American Industry Classification System (NAICS) code for this
acquisition is \[?? Contract specialist\--insert NAICS code\].

\(2\) The small business size standard is \[?? Contract
specialist\--insert size standard\].

\(3\) The small business size standard for a concern which submits an
offer in its own name, other than on a construction or service contract,
but which proposes to furnish a product which it did not itself
manufacture, is 500 employees.

\(c\) Definitions. As used in this provision-

\"Service-disabled veteran-owned small business concern\"-

\(1\) Means a small business concern-

\(i\) Not less than 51 percent of which is owned by one or more
service-disabled veterans or, in the case of any

publicly owned business, not less than 51 percent of the stock of which
is owned by one or more service-disabled

veterans; and (ii) The management and daily business operations of

which are controlled by one or more service-disabled veterans or, in the
case of a veteran with permanent and

severe disability, the spouse or permanent caregiver of such veteran.

\(2\) Service-disabled veteran means a veteran, as defined in 38 U.S.C.
101(2), with a disability that is service-connected, as defined in 38
U.S.C. 101(16).

\"Small business concern\" means a concern, including its affiliates,
that is independently owned and operated, not dominant in the field of
operation in which it is bidding on Government contracts, and qualified

as a small business under the criteria in 13 CFR part 121 and the size
standard in paragraph (a) of this provision.

\"Veteran-owned small business concern\" means a small business concern-

\(1\) Not less than 51 percent of which is owned by one or more veterans
(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one
or more veterans; and

\(2\) The management and daily business operations of which are
controlled by one or more veterans.

\"Women-owned small business concern\" means a small business concern-

\(1\) That is at least 51 percent owned by one or more women; or, in the
case of any publicly owned business, at least 51

percent of the stock of which is owned by one or more women; and

\(2\) Whose management and daily business operations are controlled by
one or more women.

\(d\) Notice.

\(1\) If this solicitation is for supplies and has been set aside, in
whole or in part, for small business concerns, then the clause in this
solicitation providing notice of the set-aside contains restrictions on
the source of the end items to be furnished.

\(2\) Under 15 U.S.C. 645(d), any person who misrepresents a firm\'s
status as a small, HUBZone small, small disadvantaged, or women-owned
small business concern in order to obtain a contract to be awarded under
the preference programs established pursuant to section 8(a), 8(d), 9,
or 15 of the Small Business Act or any other provision of Federal law
that specifically references section 8(d) for a definition of program
eligibility, shall-

\(i\) Be punished by imposition of fine, imprisonment, or both;

\(ii\) Be subject to administrative remedies, including suspension and
debarment; and

\(iii\) Be ineligible for participation in programs conducted under the
authority of the Act.

(End of provision)

## K. 9 SMALL DISADVANTAGED BUSINESS STATUS (52.219-22) (OCT 1999)

\(a\) General. This provision is used to assess an offeror's small
disadvantaged business status for the purpose of obtaining a benefit on
this solicitation. Status as a small business and status as a small
disadvantaged business for general statistical purposes is covered by
the provision at FAR 52.219-1, Small Business Program Representation.

\(b\) Representations. (1) General. The offeror represents, as part of
its offer, that it is a small business under the size standard
applicable to this acquisition; and either---

/ / (i) It has received certification by the Small Business
Administration as a small disadvantaged business concern consistent with
13 CFR 124, Subpart B; and

\(A\) No material change in disadvantaged ownership and control has
occurred since its certification;

\(B\) Where the concern is owned by one or more disadvantaged
individuals, the net worth of each individual upon whom the
certification is based does not exceed \$750,000 after taking into
account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

\(C\) It is identified, on the date of its representation, as a
certified small disadvantaged business concern in the database
maintained by the Small Business Administration (PRO-Net); or

/ / (ii) It has submitted a completed application to the Small Business
Administration or a Private Certifier to be certified as a small
disadvantaged business concern in accordance with 13 CFR 124, Subpart B,
and a decision on that application is pending, and that no material
change in disadvantaged ownership and control has occurred since its
application was submitted.

(2 ) / / For Joint Ventures. The offeror represents, as part of its
offer, that it is a joint venture that complies with the requirements at
13 CFR 124.1002(f) and that the representation in paragraph (b)(1) of
this provision is accurate for the small disadvantaged business concern
that is participating in the joint venture. \[The offeror shall enter
the name of the small disadvantaged business concern that is
participating in the joint
venture:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.\]

\(c\) Penalties and Remedies. Anyone who misrepresents any aspects of
the disadvantaged status of a concern for the purposes of securing a
contract or subcontract shall---

\(1\) Be punished by imposition of a fine, imprisonment, or both;

\(2\) Be subject to administrative remedies, including suspension and
debarment; and

\(3\) Be ineligible for participation in programs conducted under the
authority of the Small Business Act.

(End of provision)

## K.10 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (52.222‑22) (FEB 1999)

The offeror represents that‑‑

\(a\) It / / has, / / has not participated in a previous contract or
subcontract subject to the Equal Opportunity clause of this
solicitation;

\(b\) It / / has, / / has not, filed all required compliance reports;
and

\(c\) Representations indicating submission of required compliance
reports, signed by proposed subcontractors, will be obtained before
subcontract awards.

(End of provision)

## K.11 AFFIRMATIVE ACTION COMPLIANCE (52.222‑25) (APR 1984)

The offeror represents that (a) it / / has developed and has on file, /
/ has not developed and does not have on file, at each establishment,
affirmative action programs required by the rules and regulations of the
Secretary of Labor (41 CFR 60‑1 and 60‑2), or (b) it / / has not
previously had contracts subject to the written affirmative action
programs requirement of the rules and regulations of the Secretary of
Labor.

(End of provision)

## K.12 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (52.223-13) (OCT 2000)

\(a\) Submission of this certification is a prerequisite for making or
entering into this contract imposed by Executive Order 12969, August 8,
1995.

\(b\) By signing this offer, the offeror certifies that\--

\(1\) As the owner or operator of facilities that will be used in the
performance of this contract that are subject to the filing and
reporting requirements described in section 313 of the Emergency
Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C.
11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA)
(42 U.S.C. 13106), the offeror will file and continue to file for such
facilities for the life of the contract the Toxic Chemical Release
Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA
and section 6607 of PPA; or

\(2\) None of its owned or operated facilities to be used in the
performance of this contract is subject to the Form R filing and
reporting requirements because each such facility is exempt for at least
one of the following reasons: (Check each block that is applicable.)

/ / (i) The facility does not manufacture, process, or otherwise use any
toxic chemicals listed under section 313(c) of EPCRA, 42 U.S.C.
11023(c);

/ / (ii) The facility does not have 10 or more full time employees as
specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);

/ / (iii) The facility does not meet the reporting thresholds of toxic
chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f)
(including the alternate thresholds at 40 CFR 372.27, provided an
appropriate certification form has been filed with EPA);

/ / (iv) The facility does not fall within Standard Industrial
Classification Code (SIC) major groups 20 through 39 or their
corresponding North American Industry Classification System (NAICS)
sectors 31 through 33; or

/ / (v) The facility is not located within any State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, the Northern Mariana
Islands, or any other territory of possession over which the United
States has jurisdiction.

(End of provision)

## K.13 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (52.230-1)(JUNE 2000)

Note: This notice does not apply to small businesses or foreign
governments. This notice is in three parts, identified by Roman numerals
I through III.

Offerors shall examine each part and provide the requested information
in order to determine Cost Accounting Standards (CAS) requirements
applicable to any resultant contract.

If the offeror is an educational institution, Part II does not apply
unless the contemplated contract will be subject to full or modified CAS
coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6).

I. DISCLOSURE STATEMENT ‑ COST ACCOUNTING PRACTICES AND CERTIFICATION

\(a\) Any contract in excess of \$500,000 resulting from this
solicitation will be subject to the requirements of the Cost Accounting
Standards Board (48 CFR Chapter 99), except for those contracts which
are exempt as specified in 48 CFR 9903.201-1.

\(b\) Any offeror submitting a proposal which, if accepted, will result
in a contract subject to the requirements of 48 CFR, Chapter 99 must, as
a condition of contracting, submit a Disclosure Statement as required by
48 CFR 9903.202. When required, the Disclosure Statement must be
submitted as a part of the offeror\'s proposal under this solicitation
unless the offeror has already submitted a Disclosure Statement
disclosing the practices used in connection with the pricing of this
proposal. If an applicable Disclosure Statement has already been
submitted, the offeror may satisfy the requirement for submission by
providing the information requested in paragraph (c) of Part I of this
provision.

CAUTION: In the absence of specific regulations or agreement, a practice
disclosed in a Disclosure Statement shall not, by virtue of such
disclosure, be deemed to be a proper, approved, or agreed‑to practice
for pricing proposals or accumulating and reporting contract performance
cost data.

\(c\) Check the appropriate box below:

/ / (1) Certificate of Concurrent Submission of Disclosure

Statement.

The offeror hereby certifies that, as a part of the offer, copies of the
Disclosure Statement have been submitted as follows: (i) original and
one copy to the cognizant Administrative Contracting Officer (ACO) or
cognizant Federal agency official authorized to act in that capacity
(Federal Official), as applicable, and (ii) one copy to the cognizant
Federal auditor.

(Disclosure must be on Form No. CASB DS‑1 or CASB DS-2, as applicable.
Forms may be obtained from the cognizant ACO or cognizant Federal
official acting in that capacity and/or from the looseleaf version of
the Federal Acquisition Regulation.)

Date of Disclosure Statement:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name and Address of Cognizant ACO or Federal Official Where Filed:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

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

The offeror further certifies that practices used in estimating costs in
pricing this proposal are consistent with the cost accounting practices
disclosed in the Disclosure Statement.

/ / (2) Certificate of Previously Submitted Disclosure

Statement.

The offeror hereby certifies that the required Disclosure Statement was
filed as follows:

Date of Disclosure Statement:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name and Address of Cognizant ACO or Federal Official where
filed:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

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

The offeror further certifies that the practices used in estimating
costs in pricing this proposal are consistent with the cost accounting
practices disclosed in the applicable Disclosure Statement.

/ / (3) Certificate of Monetary Exemption.

The offeror hereby certifies that the offeror, together with all
divisions, subsidiaries, and affiliates under common control, did not
receive net awards of negotiated prime contracts and subcontracts
subject to CAS totaling \$50 million or more in the cost accounting
period immediately preceding the period in which this proposal was
submitted. The offeror further certifies that if such status changes
before an award resulting from this proposal, the offeror will advise
the Contracting Officer immediately.

/ / (4) Certificate of Interim Exemption

The offeror hereby certifies that (i) the offeror first exceeded the
monetary exemption for disclosure, as defined in (3) of this subsection,
in the cost accounting period immediately preceding the period in which
this offer was submitted and (ii) in accordance with 48 CFR 9903.202‑1,
the offeror is not yet required to submit a Disclosure Statement. The
offeror further certifies that if an award resulting from this proposal
has not been made within 90 days after the end of that period, the
offeror will immediately submit a revised certificate to the Contracting
Officer, in the form specified under subparagraph (c)(1) or (c)(2) of
Part I of this provision, as appropriate, to verify submission of a
completed Disclosure Statement.

CAUTION: Offerors currently required to disclose because they were
awarded a CAS‑covered prime contract or subcontract of \$50 million or
more in the current cost accounting period may not claim this exemption
(4). Further, the exemption applies only in connection with proposals
submitted before expiration of the 90‑day period following the cost
accounting period in which the monetary exemption was exceeded.

II\. COST ACCOUNTING STANDARDS ‑ ELIGIBILITY FOR MODIFIED CONTRACT
COVERAGE

If the offeror is eligible to use the modified provisions of 48 CFR
9903.201‑2(b) and elects to do so, the offeror shall indicate by
checking the box below. Checking the box below shall mean that the
resultant contract is subject to the Disclosure and Consistency of Cost
Accounting Practices clause in lieu of the Cost Accounting Standards
clause.

/ / The offeror hereby claims an exemption from the Cost Accounting
Standards clause under the provisions of 48 CFR 9903.201‑2(b) and
certifies that the offeror is eligible for use of the Disclosure and
Consistency of Cost Accounting Practices clause because during the cost
accounting period immediately preceding the period in which this
proposal was submitted, the offeror received less than \$50 million in
awards of CAS‑covered prime contracts and subcontracts. The offeror
further certifies that if such status changes before an award resulting
from this proposal, the offeror will advise the Contracting Officer
immediately.

CAUTION: An offeror may not claim the above eligibility for modified
contract coverage if this proposal is expected to result in the award of
a CAS‑covered contract of \$50 million or more or if, during its current
cost accounting period, the offeror has been awarded a single
CAS‑covered prime contract or subcontract of \$50 million or more.

III\. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING
CONTRACTS

The offeror shall indicate below whether award of the contemplated
contract would, in accordance with subparagraph (a)(3) of the Cost
Accounting Standards clause, require a change in established cost
accounting practices affecting existing contracts and subcontracts.

/ / YES / / NO

(End of provision)

## L. 1 SECTION L PROVISIONS INCORPORATED BY REFERENCE

(52.204-6) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (JUNE 1999)

(52.211-14) NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE USE (SEP
1990)(DO rated)

(52.214-34) SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

(52.214-35) SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

(52.215-1) INSTRUCTIONS TO OFFERORS\--COMPETITIVE ACQUISITION (MAY 2001)

(52.215-16) FACILITIES CAPITAL COST OF MONEY (OCT 1997)

(52.219-24) SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM\--TARGETS
(OCT 2000)

(1852.227-71) REQUESTS FOR WAIVER OF RIGHTS TO INVENTIONS (APR 1984)

(1852.233-70) PROTESTS TO NASA (MAR 1997)

(End of By Reference Section)

## L. 2 COMMUNICATIONS REGARDING THIS SOLICITATION (GSFC 52.215‑96) (AUG 2000)

Any questions or comments regarding this solicitation shall cite the
solicitation number and be directed to the following Government
representative:

Name: James L. Becker

Phone: 301‑286‑4223

(collect calls not accepted)

FAX: 301-286-0356

E-Mail: jbecker@pop200.gsfc.nasa.gov

\*Address: Goddard Space Flight Center

Greenbelt, MD 20771

Attention: Jim Becker, \*Mail Code 210.H

\*(Note: Must be complete, including Mail Code, on all transmittals.)

The Government will answer relevant and appropriate questions regarding
this solicitation. Any offeror questions should be submitted as soon as
possible.

(End of provision)

## L. 3 TYPE OF CONTRACT (52.216‑1) (APR 1984)

The Government contemplates award of a Firm-fixed Price (FFP) contract
resulting from this solicitation.

Note that while this FAR clause addresses the type of contract to be
awarded it is not intended to modify the intent of the RFP to possibly
award multiple Fixed Price contracts.

(End of Provision)

## L. 4 SERVICE OF PROTEST (52.233‑2) (AUG 1996)

\(a\) Protests, as defined in section 33.101 of the Federal Acquisition
Regulation, that are filed directly with an agency, and copies of any
protests that are filed with the General Accounting Office (GAO), shall
be served on the Contracting Officer (addressed as follows) by obtaining
written and dated acknowledgement of receipt from:

Bid Office -- Mail Code 210.H

Building 17, Room S142

Attention: Jim Becker/RFPW-09635-JLB

Goddard Space Flight Center

Greenbelt, MD 20771

\(b\) The copy of any protest shall be received in the office designated
above within one day of filing a protest with the GAO.

(End of provision)

## L. 5 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (52.252‑1) (FEB 1998)

This solicitation incorporates one or more solicitation provisions by
reference, with the same force and effect as if they were given in full
text. Upon request, the Contracting Officer will make their full text
available. The offeror is cautioned that the listed provisions may
include blocks that must be completed by the offeror and submitted with
its quotation or offer. In lieu of submitting the full text of those
provisions, the offeror may identify the provision by paragraph
identifier and provide the appropriate information with its quotation or
offer. Also, the full text of a solicitation provision may be accessed
electronically at these addresses:

Federal Acquisition Regulation (FAR) provisions:

http://www.arnet.gov/far/

NASA FAR Supplement (NFS) provisions:

http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm

(End of provision)

## L. 6 PROPOSAL PAGE LIMITATIONS (1852.215-81) (FEB 1998)

\(a\) The following page limitations are established for each portion of
the proposal submitted in response to this solicitation.

> [Proposal Section Page Limit]{.underline}

Technical Proposal 100 pages\*

Business Concept\*\* 25 pages

> Business Proposal 25 pages\*\*\*
>
> Price Proposal (not a separate no limit

document, just fill-ins to the

> model contract)

\*The page limitation for the Technical Proposal does NOT include the
Small Business Subcontracting Plan AND the Small Disadvantaged Business
Participation Program information, or any proposed SOW for MIT/LL
technology transfer services.

\*\*The Government recognizes that not every Offeror necessarily intends
to market or sell data and data products commercially. However, Offerors
who do intend to market and/or sell such data and data products are
required to submit information identified in this RFP as a "Business
Concept." The Business Concept portion instructions (Section L) and
evaluation description (Section M) of this RFP are included under
subfactor C: Capability to Perform Formulation and Implementation of the
Mission Suitability factor. Any Business Concept information is limited
to 25 pages, and should be included as part of the Offeror's Technical
Proposal. In order for the Government to properly evaluate this
information, Offerors should separate and clearly identify this section.
Business Concept information submitted will not count against the
100-page limitation on the Technical Proposal. However, any material
included in the Business Concept section that could be construed as
belonging in either (1) other sections of the Technical Proposal or (2)
the Business Proposal, and not relevant to the Business Concept section
will be removed, and counted against the appropriate page limitation.

\*\*\*The page limitation for the Business Proposal does NOT include the
model contract.

\(b\) A page is defined as one side of a sheet, 8 ½" x 11", with at
least one inch margins on all sides. Type should be in Times New Roman.
Font size for text shall be 12 point with normal kerning (spacing
between individual characters) and 14 point leading (line spacing). Font
size for text in figures and tables shall be 8 point or larger. Foldout
pages may be used where appropriate but each foldout will count as the
equivalent number of 8 ½" x 11" pages rounded up to the nearest whole
number. That is: an 11" x 17" fold-out page with printing on one side
will count as two pages, whereas an 11" x 20" fold-out page with
printing on one side will count as three pages. Illustrations, charts,
etc., are all included in the limitation total. Cover and title pages
(with no more text than needed to identify the subsequent pages), tables
of contents, indices, tabs/dividers (without text) and an acronym list
(if so included) are excluded from the page count. Offerors are
cautioned that pages not in compliance with this solicitation
instruction will not be considered in the evaluation and will be
returned to the offeror.

\(c\) If final proposal revisions are requested, separate page
limitations will be specified in the Government\'s request for that
submission.

\(d\) Pages submitted in excess of the limitations specified in this
provision will not be evaluated by the Government.

(End of provision)

## L. 7 OVERVIEW, STANDARD FORM 33 AND SUBMITTAL OF OFFER

1\. Overview

Proposals shall be organized into a contract volume (SF33, contract, and
section K), Technical Volume and a Business Volume.

Offerors shall use the structure provided below (consistent with the
Mission Suitability subfactors) for their Technical Proposal. The
Technical Proposal must have sections corresponding to each subfactor.
Information shall be presented in the same sequence given by the
proposal instructions.

2\. SF 33, Contract Sections B-J (with Offeror fill-ins), and Section K

Blocks 12 through 18 of the SF 33 and the indicated offeror required
fill-ins in Sections B-K must be completed. The signed SF33 (in four
original signatures), the model contract (sections B-J with attachments)
with any fill-ins completed, and all of Section K shall be submitted.
The balance of the solicitation need not be returned.

3\. Offer Acceptance Period

It is requested that offerors indicate, in Block 12 of the SF 33, a
proposal validity period of 180 days. However, in accordance with
paragraph (d) of FAR provision 52.215-1, "Instructions to
Offerors\--Competitive Acquisitions", a different validity period may be
proposed by the offeror.

4\. Summary of Exceptions

List all exceptions to the terms and requirements of Sections A through
J of this solicitation, to the Representations and Certifications
(Section K) or to the information requested in Section L. Include the
reason for the exception, or refer to where the reason is addressed in
the proposal. This list must include all exceptions, both "business" and
"technical". Offerors are cautioned that exceptions may result in a
determination of proposal unacceptability (NFS 1815.305-70), may
preclude award to an offeror if award is made without discussions, or
may otherwise affect an offeror's competitive standing.

(End of Text)

## L. 8 TECHNICAL PROPOSAL INSTRUCTIONS (COMPETITIVE)

The Technical Proposal must include a discussion of your plan for
meeting the requirements of the contemplated contract. The Technical
Proposal should be specific, detailed, and complete enough to clearly
and fully demonstrate that you understand the requirements and the
inherent problems associated with the objectives of this procurement.
Stating that you understand and will comply with the specifications, or
paraphrasing the specifications is inadequate as are phrases such as:
\"Standard procedures will be employed\" and \"Well-known techniques
will be used.\" The Technical Proposal must be sufficient as to how you
propose to comply with the applicable specifications, including a full
explanation of the techniques and procedures you propose to follow.
Information previously submitted, if any, will be considered only to the
extent it is resubmitted. It should not be incorporated by reference.

Proposals will be evaluated for compliance with all of the requirements
specified in this solicitation including the Statement of Work, the Data
Specification, the Data Policy, and all of the contractual provisions
and clauses.

The Government intends to gain insight into the design concept for the
data collection, archive, processing, and order based distribution
system that the offeror intends to develop and operate to satisfy the
LDCM requirements. If the offeror plans to modify an existing system,
then the Government intends to understand how the existing system, in
its modified form, will satisfy the LDCM requirements.

The proposed design concepts are not required to address data
specification goals listed in table 1.5-1 of 427-SPEC-00001 and are not
required to address the addition of the spectral bands specified in
sections 8 and 9 of 427-SPEC-00001.

1\. Detailed Mission Suitability Instructions:

Subfactor A: LDCM Development Approach

In this section, the offeror shall provide its approach to develop a
system to satisfy the LDCM requirements.

The offeror shall describe its approach to develop the LDCM Preliminary
Design including, but not limited to, its methodology for analyzing the
LDCM requirements, conducting trade studies, performing system level
analyses, and generating the preliminary design.

The offeror shall describe its System Engineering approach and controls
to be used throughout the LDCM life cycle. The offeror shall indicate
what it plans to include in the Preliminary Design Review (PDR) to be
held at the end of the Formulation Phase.

The offeror shall provide a preliminary end-to-end system block diagram
including all system interfaces that it plans to develop to satisfy the
LDCM requirements. The block diagram shall be sufficiently detailed so
as to show how the major LDCM requirements are distributed among the
spacecraft bus(s), the instrument(s), and the ground system. The offeror
shall describe the facilities that will be used to design, fabricate,
assemble, integrate, and test the major system elements.

The offeror shall describe its concept for its spacecraft bus(s). The
concept shall include, but not be limited to, whether the bus is
standard or a new design; if standard, identify the bus provider, model
number, anticipated configuration, and its flight heritage in similar
applications; if a new design, identify who will design and build it and
indicate the flight heritage of any of the subsystem elements of the
bus.

The offeror shall describe its concept for the instrument(s) used to
collect the LDCM data including instrument system elements and their
design heritage. The offeror shall describe its concept for the
calibration and characterization of the instrument(s) both pre and post
launch including, but not limited to, any specialized equipment and
facilities required and a description of the Government's participation
in the process.

The offeror shall describe its concept for the launch and on-orbit
deployment of the space-based portion of the system including, but not
limited to, launch vehicle selection and use of a dedicated launch
vehicle or a shared ride.

The offeror shall describe its software development concept for the
spacecraft bus and instrument(s) (i.e. flight software) and the ground
systems (i.e. mission operations software and data archive, processing,
and distribution software).

The offeror shall describe its concept for the data collection and
archive that it intends to implement or use to hold the LDCM data. The
offeror shall provide a preliminary data flow diagram starting with the
flow of data from the space-based data collection sensor into an active
archive system and ending with the formal delivery of the Government's
data to the NSLRSDA. The offeror shall describe its concept for
operating the active archive system, the data processing system, the
data ordering system, and the data distribution system to create and
distribute the LDCM data products. The offeror shall describe the
process to be used to develop the data product generation algorithms.

The offeror shall describe its concept for operating the end-to-end
system that provides LDCM data. The offeror shall describe how its data
system concept addresses the goals of the LDCM data policy. The
description shall include a concept for scheduling data acquisition and
processing. The description shall also include a concept for resolving
any conflicts between commercial data and LDCM data acquisition and
processing.

If the offeror intends to utilize the services identified in attachment
E, MIT/Lincoln Laboratory ALI Technology Transfer Support, the offeror
shall provide, as part of its proposal, a detailed Statement of Work
(SOW) for the required services. The statement of work provided shall
include only those types of services within the scope of work identified
in attachment E. In addition, the offeror shall include a proposed
not-to-exceed amount for the type and level of service identified. If
the offeror is selected for and awarded a contract as a result of this
RFP, the statement of work shall be incorporated into clause J.1 as
contract attachments, but only if found acceptable to the agency
responsible for the MIT/LL arrangement and approved by NASA.

The offeror shall describe its concept for providing an additional five
years of LDCM data for the Government after the initial five-year
period, including its approach for realistic long-term pricing for the
additional five years of LDCM data.

If applicable, the offeror shall provide its concept for providing data
to and interfacing with international cooperators.

Subfactor B: Risk Assessment

In this section, the offeror shall provide information about its LDCM
design, development, and operation concept that will allow for risk
evaluation.

The offeror shall describe its concept and approach to risk management
including, but not limited to, how risk will be identified, evaluated,
managed, and retired. The offeror shall identify the key technology,
technical, development, or programmatic risk elements for its LDCM
development concept. Briefly indicate the approach that will be used to
mitigate each risk element.

The offeror shall identify the key technical risk areas of its design
concept for detailed discussion. The offeror shall prioritize them
according to risk level. For each key area the offeror shall provide: a
description of the risk, the approach to minimize the risk, and its
experience with similar technical areas and lessons learned that are
relevant to the LDCM requirements.

The offeror shall describe any advanced technology items in its design
concept and indicate the maturity of the technology items. The offeror
shall provide its approach to acquire the advanced technology items and
provide the steps needed to make the technology items mission ready. The
offeror shall describe the risk of using these technology items and
provide its approach to retire the risk for each item. The offeror shall
discuss its experience and lessons learned in applying advanced
technology in similar systems.

The offeror shall describe any schedule risk associated with achieving
an operational capability of the LDCM system by March 2006 including an
estimate of schedule reserve. Operational capability is defined as being
able to collect and archive the specified calibrated and validated LDCM
data and having the capability to process and distribute validated LDCM
data products in response to customer requests.

If the offeror's concept includes collecting additional LDCM data or
collecting and producing non-LDCM specified data or data products,
describe the elements of the system concept that will be used for this
purpose. The offeror shall identify any additional risks and how these
risks will be mitigated.

The offeror shall identify any Government furnished equipment, software,
services, or technologies included in the offeror's design concept and
shall indicate how the offeror intends to utilize and obtain these
items.

Subfactor C: Capability to Perform Formulation and Implementation

In this section, the offeror must demonstrate its ability to perform
both phases of the LDCM program, Formulation and Implementation.

The offeror shall describe its management approach including, but not
limited to, program management, schedule, configuration control,
subcontracts, mission assurance, and resource management. The management
approach shall also include the offeror's approach to give the
Government insight into LDCM development and operations. The insight
shall extend beyond the planned monthly reviews and formal program
reviews required by the Statement of Work. The offeror shall describe
its internal review process and its anticipated Government role in these
reviews. The offeror shall describe why Government participation is
necessary in each instance, as well as how that participation will not
absolve the Contractor of accountability. The offeror shall describe its
approach to evaluating and resolving any deficiencies or concerns
identified by the Government.

The offeror shall provide a corporate organizational chart that will
indicate the location of the LDCM program in its corporate structure. In
addition, the offeror shall provide an LDCM program organizational chart
identifying all key managerial positions, by title, and level of
decision-making authority within the program. The offeror shall indicate
the visibility that the program will have with upper management during
all phases of the LDCM lifecycle.

If teaming Contractors or subcontractors are proposed, describe their
interfaces with your organizational structure and provide: (1) a
separate organization chart for each teaming Contractor and
subcontractor, (2) the basis for selection of the teaming Contractor or
subcontractor, and (3) the nature and extent of the work to be performed
by the teaming Contractor or subcontractor. The offeror shall describe
how the prime contractor and subcontractors will work effectively as an
integrated team.

Offerors shall provide position descriptions of the type of personnel
the offeror intends to provide to perform and meet the requirements
identified in the SOW. The offeror shall submit no more than eight
position descriptions. These descriptions should reflect those positions
that the offeror feels are most significant to manage/perform the scope
of effort identified in the SOW. Position descriptions shall include, at
a minimum, a brief description of the position and that position\'s
responsibility for the performance of the work, as well as a detailed
summary of the type of education and experience required.

The offeror shall describe the System Assurance Program contemplated for
each life cycle phase of the LDCM program. The offeror shall indicate
the heritage of the System Assurance Program.

If applicable, the offeror shall describe its business and marketing
concepts and plans including, but not limited to, marketing and selling
of data or data products, any anticipated commercial market, anticipated
business base projections during the five years of data production with
a particular emphasis on assumptions, marketing approaches for data and
products and any commitments to non-NASA/USGS users. Offerors shall also
identify any anticipated sources of primary and alternative
non-Government funding, a description and anticipated percentage of any
system development cost offsets or any other benefits to the government.
All business/marketing concept information shall be included in the
offeror\'s \"Business Concept\" proposal section.

Small Business Subcontracting Program (Refer to FAR 19.7)

This applies ONLY to large businesses.

This solicitation contains FAR clause 52.219‑9, \"Small Business
Subcontracting Plan‑‑Alternate II\". The Subcontracting Plan described
and required by the clause, including the associated subcontracting
percentage goals and subcontracting dollars, must be submitted with your
proposal.

The Contracting Officer\'s assessment of appropriate subcontracting
goals for this acquisition, expressed as a percent of contract value,
are as follows:

Small Disadvantaged Business Concerns 4%

Women Owned Small Business Concerns 2%

Historically Black Colleges and Universities 0%

HUBZone Small Business Concerns 0%

Veteran Owned Small Business Concerns 0%

\*Other Small Business Concerns 0%

Total Small Business Subcontracting 6%

\*Those Small Business Concerns that are not Small Disadvantaged, Women
Owned, Historically Black Colleges and Universities, HUBZone Small
Business Concerns, or Veteran Owned Small Business Concerns.

Offerors are encouraged to propose goals that are equivalent or greater
than those recommended by the Contracting Officer. However, offerors
should perform an independent assessment. The goals included in the
submitted Subcontracting Plan may be higher, lower, or the same as the
recommended goals, depending upon the offeror's independent assessment.

Offerors are advised that a proposal will not be rejected solely because
the submitted Plan does not meet the NASA recommended goals that are
expressed above in terms of percent of contract value.

The submitted Small Business Subcontracting Plan and proposed goals will
be evaluated within the Subfactor C, Capability to Perform Formulation
and Implementation subfactor under the Mission Suitability Factor as
discussed in Section M.

(NOTE: FOR PURPOSES OF THE SUBCONTRACTING PLAN, THE PROPOSED GOALS MUST
BE STATED AS A **PERCENT OF TOTAL SUBCONTRACTS**, NOT AS A PERCENT OF
CONTRACT VALUE. REFER TO THE BELOW EXAMPLE)

Begin example

Assume a proposed contact value of \$20M and proposed goals that equate
to the following which are EXPRESSED AS A PERCENT OF CONTRACT VALUE:

Small Disadvantaged Business Concerns 4.5%

Women Owned Small Business Concerns 2%

Historically Black Colleges and Universities .5%

HUBZone Small Business Concerns .5%

Veteran Owned Small Business Concerns 1.5%

\*Other Small Business Concerns 11%

Total Small Business Subcontracting 20%

Then, the resulting statement of dollars that the offeror would include
in the Subcontracting Plan, as required by paragraph (d)(2) of FAR
clause 52.219-9, would be as follows:

Small Disadvantaged Business Concerns \$900,000

Women Owned Small Business Concerns 400,000

Historically Black Colleges and Universities 100,000

HUBZone Small Business Concerns 100,000

Veteran Owned Small Business Concerns 300,000

\*Other Small Business Concerns 2,200,000

Total Small Business Subcontracting 4,000,000

HOWEVER, the Subcontracting Plan must express goals as a percent of
total planned subcontracts. Assuming total subcontracting of \$10M, the
resulting percentage goals, expressed as a percent of total subcontract
dollars, and which would be stated in the Subcontracting Plan as
required by paragraph (d)(1) FAR clause 52.219-9 would be:

Small Disadvantaged Business Concerns 9%

Women Owned Small Business Concerns 4%

Historically Black Colleges and Universities 1%

HUBZone Small Business Concerns 1%

Veteran Owned Small Business Concerns 3%

\*Other Small Business Concerns 22%

(End of example)

Subfactor D: Small Disadvantaged Business (SDB) Participation

(Notice: These instructions apply to BOTH large and small business
offerors except SDB offerors. They apply to SDB offeror(s) ONLY if the
SDB offeror has waived the price evaluation adjustment factor by
completing paragraph (c.) of FAR clause 52.219-23, "Notice of Price
Evaluation Adjustment for Small Disadvantaged Business Concerns" in
Section I of this solicitation. The waiver, if elected, makes the
particular SDB offeror INELIGIBLE for the price evaluation factor
adjustment but ELIGIBLE for the "evaluation credit" (points) associated
with the SDB participation subfactor described in Section M.)

This solicitation is for a requirement within one of the Major Standard
Industrial Classifications determined by the Department of Commerce in
accordance with FAR 19.201(b) and meets the applicability conditions of
FAR 19.12, "Small Disadvantaged Business Participation Program."

A separate Mission Suitability subfactor for SDB participation is
described in Section M.

Offerors must:

a\. Complete GSFC clause 52.219-91, "Small Disadvantaged Business
Participation\--Contract Targets," in Section H of this solicitation

b\. Briefly describe work that will be performed by SDB subcontactor(s).
Identify any work considered "high technology." If the subcontractor(s)
is known, tie the work to the subcontractor identified by the offeror in
GSFC clause 52.219-91.

c\. Provide the offeror's record of past participation of SDB concerns
in subcontracts and the type of work subcontracted such as production,
engineering services, research, development, etc. over the past three
full years. Copies of SF 295\'s can be part of the supporting
information submitted.

d\. Identify, by contract number and contracting agency, SDB
subcontracting incentives earned under any Government contracts in the
last three years. If incentives were available, but not earned, so
state.

e\. Provide a brief description of the offeror's established or planned
procedures and organizational structure for SDB outreach, assistance,
counseling, market research and SDB identification, and relevant
purchasing procedures. Large businesses may reference applicable
portions of the submitted Small Business Subcontracting Plan.

f\. The offeror should provide a brief description of how they have
encouraged (and will continue to encourage) participation in the LDCM
procurement.

Summary of Deviations\\Exceptions (Technical Proposal)

Identify and explain the reason for any deviations, exceptions, or
conditional assumptions taken with respect to these technical proposal
instructions or to any of the technical requirements of this
solicitation, such as the Statement of Work and related specifications.

(End of text)

**L.9 BUSINESS PROPOSAL INSTRUCTIONS (COMPETITIVE)**

This portion of the proposal should include all cost/price information.

The term \"Business Proposal\" is not limiting. While these instructions
require the submittal of information that is primarily of a \"business\"
nature, some \"technical\" information is also required.

1\. Past Performance

The information requested below is anticipated to be sufficient for
purposes of the evaluation of past performance. However, offerors may
submit additional information at its discretion if they consider such
information necessary to establish a record of relevant past
performance. Refer to FAR 15.305(a)(iii).

(Note: Those offerors intending to submit Past Performance information
that is classified should contact the Contracting Officer, Jim Becker,
at 301-286-4223, so that arrangements may be made for proper
handling/receipt of such information.)

Provide two matrices of relevant contracts listing:

a\. All relevant systems delivered in the past five years for which the
offeror, or its proposed major subcontractors, were the prime Contractor
or a major subcontractor.

b.  All relevant systems currently in development for which the offeror,
    or its proposed major subcontractors, is/are the prime contractor or
    a major subcontractor.

Relevant systems include space-based systems; ground control systems for
space-based elements; and data processing, data archive, and data
distribution systems.

\*NOTE: \"Major Subcontractor\" is defined as any subcontract \>10% of
the overall contract value.

1.1 Contents of MATRIX 1

In the first matrix, provide a listing of relevant systems for which the
offeror was the prime Contractor or a major subcontractor that have been
delivered during the past five years. This matrix should contain the
following columns (the column headings are given in all caps, as
follows):

a.  NAME OF PROJECT AND LAUNCH/OPERATIONAL DATE

b\. SCOPE OF WORK- Worked performed and/or elements provided.

c\. BUYER - The buyer of the system, including name and address.

d\. CONTRACT NUMBER & TYPE - The contract number under which it was
bought, and contract type

e\. AWARD DATE & METHOD - The contract award date (actual or
anticipated), and was it competitive or not

f\. C.O. & C.O.T.R. - The name and phone number of the Contracting
Officer and the Contracting Officer\'s Technical Representative (or
their equivalent for commercial contracts) at the time of the delivery

g\. PERFORMANCE SUCCESS - The success rate of the system in terms of
meeting the requirements stated in the contract. This should be stated
as a percentage, with an explanation of how you calculated the
percentage. Please describe any major technical problems and how they
were overcome.

h\. COMPARABILITY - Provide a brief description of how the system is
comparable to the LDCM requirements. It is not sufficient to state that
it is comparable in magnitude and scope. Rationale must be provided to
demonstrate that it is comparable.

i\. SCHEDULE SUCCESS - The success record in meeting contractual
delivery dates, and explanations for any deviations from those dates.

j\. ORIGINAL VALUE - The value of the contract at the time it was
awarded (if it started as a letter contract, at the time it was
definitized), inclusive of profit/maximum potential fee, and inclusive
of fully priced options that were exercised since award.

k\. CURRENT/FINAL VALUE - The current contract value, with
identification of the total amount of any increases attributed to:

\- changes directed by the buyer

\- cost growth which was your responsibility

\- added scope

\- other causes

If the contract was fixed price, and you suffered a loss under the
contract, state the value of the loss, and the reason it occurred.

l\. CONTRACT REVISIONS - If the contract was descoped or partially
terminated for any reason, of if the terms and conditions were
significantly restructured for any reason, or if there were any major
waivers or deviations granted by the buyer, explain why this was done,
and the impact on the contract.

[SPECIAL INSTRUCTIONS for MATRIX 1]{.underline}

Include as much information as you can in the matrix itself. If it is
not possible to include all the information in the matrix, include the
information in footnotes following the matrix, clearly labeled to
provide traceability to the matrix itself.

List systems in reverse chronological order, beginning with the most
recent. It is not necessary to repeat information previously given in
the matrix. If the information is the same for two systems, just include
a statement in the matrix saying \"SAME
AS\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\".

Provide the name, title, and phone number of the Government or customer
personnel that we can contact to verify the accuracy of the information.

If you were not the prime contractor, but you did play a significant
role in such relevant systems, provide the information to the best of
your ability, and explain in the footnotes exactly what role you played.

1.2 Contents for MATRIX 2

In the second matrix, provide a listing of all of the relevant systems
for which the offeror is or will be the principal Contractor or major
subcontractor that are [currently in development]{.underline} and for
which the final delivery has not been made. Include all system
deliveries that are anticipated during the next three years. The matrix
should contain the following columns (The column headings are given in
all caps, as follows):

a\. NAME OF PROJECT & EXPECTED DELIVERY DATE - The name of the mission
or system and the date you expect it will be ready for delivery.

b\. SCOPE OF WORK- Worked performed and/or elements to be provided.

c\. BUYER - The buyer of the system, including name and address.

d\. CONTRACT NUMBER & TYPE - The contract number under which it is being
bought, and contract type

e\. AWARD DATE & METHOD - The contract award date (actual or
anticipated), and was it competitive or not

f\. C.O. & C.O.T.R. - The name and phone number of the Contracting
Officer and the Contracting Officer\'s Technical Representative (or
their equivalent for commercial contracts) at the present time

g\. COMPARABILITY - Provide a brief description of how the system is
comparable to the LDCM requirements. It is not sufficient to state that
it is comparable in magnitude and scope. Rationale must be provided to
demonstrate that it is comparable.

h\. ANTICIPATED PERFORMANCE SUCCESS RATE - The projected system success
rate in terms of meeting the performance requirements stated in the
contract. This should be stated as a percentage, with an explanation of
how you calculated the percentage. Please describe any major technical
problems and how they were overcome.

i\. ANTICIPATED SCHEDULE SUCCESS - The probability of meeting the
contractual dates, and explanation for any deviations from those dates.

j\. ORIGINAL VALUE - The value of the contract at the time it was
awarded (if it started as a letter contract, at the time it was
definitized), inclusive of fully priced options that were exercised
since award.

k\. CURRENT/PROJECT VALUE - The current and projected final contract
value, with identification of the present and the final projected total
values of the increases attributed to:

\- changes directed by the buyer

\- cost growth which was your responsibility

\- added scope

\- other causes

If the contract is fixed price, and you are suffering a loss or
projected loss under the contract, state the value of the loss, and the
reason for it.

l\. CONTRACT REVISIONS - If the contract was descoped or partially
terminated for any reason, of if the terms and conditions were
significantly restructured for any reason, or if there were any major
waivers or deviations granted by the buyer, explain why this was done,
and the impact on the contract.

[SPECIAL INSTRUCTION for MATRIX 2]{.underline}

Include as much information as you can in the matrix itself. If it is
not possible to include all the information in the matrix, include the
information in footnotes following the matrix, clearly labeled to
provide traceability to the matrix itself.

List the systems in chronological order, beginning with the one next
expected for delivery.

Provide the name, title, and phone number of the Government or
commercial customer personnel that we can contact to verify the accuracy
of the information.

If you are not the prime contractor, but you will play a significant
role in such relevant systems, provide the information to the best of
your ability, and explain in the footnotes exactly what role you will
play.

2\. Cost/Price Information

The offeror is required to furnish pricing information by completing all
required cost/price fill-ins included in the contract schedule for this
solicitation. The offeror shall not submit a firm fixed price offer that
exceeds the ceiling price of \$5 Million. (Note: This not-to-exceed
amount of \$5 million must include the cost of any required support
identified by the offeror from MIT/LL. The total of the not-to-exceed
cost of the MIT/LL support when added to the total firm-fixed price of
this contract as stated in clause B.2 FIRM FIXED PRICE, shall not exceed
[\$5,000,000]{.underline}.)

3\. Additional Information to be Furnished

a\. Waiver of Rights to Inventions

This solicitation contains NASA FAR Supplement (NFS) clause 1852.227-70,
"New Technology" and NFS provision 1852.227-71, "Request for Waiver to
Rights to Inventions." Any petitions for advance (prior to contract
execution) waiver of rights to inventions should be included in the
Business proposal.

b\. Export Laws

Performance of this contract to collect and process LDCM data will be
subject to the export licensing jurisdiction of the Department of State,
and its International Traffic in Arms Regulations, 22 CFR 120-130
(United States Munitions List, Category XV). To the extent of any
foreign involvement in a particular proposal, the proposer shall
describe how they have or will comply with U.S. export control laws and
regulations for the involvement of foreign participants. If an export
license was required for the preparation or submission of a proposal
with foreign content, a copy of such license must be provided with the
proposal.

If the proposer is a joint venture or consortium of companies or
entities and one or more of those companies or entities is foreign, the
proposer shall disclose in the proposal where the foreign company or
entity is legally incorporated or has legal status, and the extent of
the proposed entity's involvement in the program.

(End of Text)

####### L.10 PROPOSAL MARKING AND DELIVERY

1\. Receiving Office

The designated receiving office for proposals is the Bid Room located on
the premises of the Goddard Space Flight Center, Greenbelt, Maryland, in
Building 17, Room S‑142. The Bid Room hours are 8:00 AM to 4:30 PM,
Monday through Friday, except Government Holidays. Proposals must be
received by the date and time stated on the solicitation face page.

NOTE TO OFFERORS: BASED ON THE EVENTS THAT OCCURRED ON SEPTEMBER 11,
2001, NASA/GODDARD SPACE FLIGHT CENTER IS AT A HEIGHTENED SECURITY
LEVEL. ACCESS TO THE CENTER BEYOND GSFC\'S MAIN GATE HOUSE FOR THOSE
HAND-CARRYING PROPOSALS (CONTRACTOR PERSONNEL OR COURIERS) MAY OR MAY
NOT BE AVAILABLE. WHEN HAND-CARRYING PROPOSALS, OFFERORS SHOULD, AS PER
NORMAL PROCEDURE, REPORT FIRST TO GSFC\'S MAIN GATE HOUSE. FURTHER
DELIVERY INSTRUCTIONS WILL BE PROVIDED, IF NECESSARY, AT THAT TIME.

Offerors must either deliver its proposal, modifications or withdrawals
by U. S. Postal Service Mail or \*hand delivery (which includes the use
of a commercial delivery service). Regardless of the delivery method
chosen, the proposal must be closed and sealed as if for mailing.

\*Note: Non‑U.S. citizens that do not have a \"green card\" will not be
given access to the Goddard Space Flight Center for the purpose of
proposal delivery.

2\. External Marking

\[PLEASE NOTE THE ADDITIONAL MARKING REQUIREMENTS IN (b) IF A COMMERCIAL
DELIVERY SERVICE IS USED\]

\(a\) The required mailing address/external marking for proposals is as
follows:

\"NASA/Goddard Space Flight Center

Greenbelt, MD 20771Attention: Bid Room, Code 213

Building 17, Room S142

#### RFP W-09635-JLB

Box \_\_\_\_ of \_\_\_\_

PROPOSAL‑‑DELIVER UNOPENED\"

\(b\) If the proposal is to be delivered by a commercial delivery
service such as United Parcel Service, Federal Express, DHL, Purolator,
etc., place the following on the outside of the carrier\'s envelope or
package cover: (offeror must complete fill‑in appropriately)

Same information in (a) above and\--

•COMMERCIAL DELIVERY PERSONNEL: THIS PROPOSAL MUST BE HAND CARRIED
DIRECTLY TO THE BID ROOM, BUILDING 17, ROOM S142 and RECEIVED NO LATER
THAN 10:00 AM local time on [December 19, 2001.]{.underline} THE BID
ROOM IS OPEN FROM 8:00 AM TO 4:30 PM, MONDAY THROUGH FRIDAY, EXCEPT
GOVERNMENT HOLIDAYS.\"

(End of provision)

**L.11 PROPOSAL COPIES**

The following matrix specifies the required number of copies of each
proposal volume.

[PROPOSAL VOLUME]{.underline} [COPIES REQUIRED]{.underline}

SF 33 (WITH OFFEROR FILL-INs) AND SECTION K 4 Signed Originals

TECHNICAL PROPOSAL 20

BUSINESS PROPOSAL 10

The offeror must submit two electronic/software versions (MS Office
compatible or Portable Document Format) of its technical and business
volumes. The version should be text only. One of the two copies shall be
identified as backup. These disks will be used primarily to assist
evaluators with focused (e.g. keyword) searches for information with
your proposal. The electronic text only version will NOT be used to
evaluate the proposal. Only the paper copy will be used for this
purpose.

(End of provision)

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--END OF
SECTION\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

## M. 1 RESERVED.

## 

## M.2 SOURCE SELECTION AND EVALUATION FACTORS\--GENERAL

1\. Source Selection

This competitive negotiated acquisition shall be conducted in accordance
with FAR 15.3, \"Source Selection\", and NASA FAR Supplement (NFS)
1815.3, same subject. The Source Evaluation Board procedures at NFS
1815.370, \"NASA formal source selection\" will apply.

The attention of offerors is particularly directed to NFS 1815.305,
\"Proposal evaluation\" and to NFS 1815.305-70, \"Identification of
unacceptable proposals\".

A trade-off process, as described at FAR 15.101-1, will be used in
making source selection.

2\. Evaluation Factors and Subfactors

The evaluation factors are Mission Suitability, Past Performance, and
Price. These factors, as described at NFS 1815.304-70, will be used to
evaluate each proposal. This Section M provides a further description
for each evaluation factor, inclusive of subfactors. Only the Mission
Suitability factor is numerically scored.

Proposals will be evaluated for compliance with all of the requirements
specified in this solicitation including the Statement of Work, the Data
Specification, the Data Policy, and all of the contractual provisions
and clauses.

3\. Relative Order of Importance of Evaluation Factors

The Price Factor is significantly less important than the combined
importance of the Mission Suitability Factor and the Past Performance
Factor. As individual Factors, the Price Factor is less important than
the Past Performance Factor, which is less important than the Mission
Suitability Factor.

(End of Text)

## M. 3 MISSION SUITABILITY FACTOR

1\. Mission Suitability Subfactors and Description of Each Subfactor

1.1 Subfactor A LDCM Development Approach

The Government will evaluate the quality and comprehensiveness of the
offeror's approach to developing the LDCM Preliminary Design; the
effectiveness of the offeror's proposed System Engineering approach and
controls; and the completeness of the offeror's proposed items to be
included in the PDR.

The Government will evaluate the completeness of the offeror's
preliminary block diagram; the adequacy of the facilities proposed to be
used for the design, fabrication, assembly, integration and test of the
major system elements; the suitability of the spacecraft bus; the
effectiveness and complexity of the instrument(s) planned to collect the
LDCM data; the effectiveness of the offeror's concept for the
instrument(s) calibration and characterization; and the effectiveness
and the feasibility of the proposed role of the Government in the
instrument(s) calibration and characterization.

The Government will evaluate the effectiveness and the feasibility of
the offeror's concept for launch and deployment of the space-based
portion of the system.

The Government will evaluate the effectiveness of the proposed software
development concept for the flight software and the ground system
software.

The Government will evaluate the thoroughness of the offeror's data
collection and archive concept; the completeness of the data flow
diagram; the effectiveness of the offeror's operating concept for the
active archive system, the data processing system, the data ordering
system, and the data distribution system; and the thoroughness of the
proposed process to be used to develop the data product generation
algorithms.

The Government will evaluate the effectiveness of the offeror's concept
for operating the end-to-end LDCM system including how the offeror's
data system concept addresses the goals of the LDCM data policy, how the
concept schedules data acquisition and processing, and how conflicts
between LDCM data and commercial data acquisition and processing (if
any) will be resolved.

The Government will evaluate how effective the offeror has integrated
any support provided by MIT/LL in its technical approach, whether the
proposed work by MIT/LL is consistent with Attachment E, and whether the
allocation of resources proposed for MIT/LL support and the remaining
activity is reasonable.

The Government will evaluate the feasibility of the proposed concept for
providing an additional five years of LDCM data for the Government after
the initial five-year period and, if applicable, the effectiveness and
feasibility of the offeror's concept for providing data to and
interfacing with international cooperators.

1.2 Subfactor B Risk Assessment

This subfactor provides the Government the information necessary to
evaluate the development challenges and risks associated with the
offeror's LDCM design, development and operation concept. The Government
will evaluate the comprehensiveness of the offeror's approach to risk
management and the impact and realism of the key LDCM risk elements
identified by the offeror, and the effectiveness of the risk mitigation
approach provided for each risk element.

The Government will evaluate the appropriateness and priority of the key
technical risk areas identified by the offeror, the completeness of the
description of the risk, and the effectiveness of the offeror's approach
to minimize the risk; the relevance of the experience given with similar
technical areas; and the applicability of the provided lessons learned
relevant to the LDCM requirements.

The Government will evaluate the use and the maturity of advanced
technology in the offeror's design concept; the feasibility of the
proposed approach to acquire the advanced technology; assess the
completeness of the steps needed to make the technology mission ready;
the accuracy of the offeror's assessment of the technology risk and the
feasibility of the offeror's approach to retire the risk; and the
relevance of the offeror's experience and lessons learned in applying
advanced technology in similar systems.

The Government will evaluate the realism of the offeror's proposed
schedule risk assessment.

The government will evaluate the relative risk associated with a system
that is designed to collect and produce non-LDCM specified data or data
products, and the effectiveness of the risk mitigation elements of the
design.

The Government will evaluate the risk associated with the offeror's
proposed use of Government furnished equipment, software, services, or
technologies.

1.3 Subfactor C Capability to Perform Formulation and Implementation

This subfactor includes the offeror's plans and approach to manage both
the Formulation and Implementation Contracts. The Government will
evaluate the offeror's ability to perform both phases, the effectiveness
of the offeror's proposed management processes for program management,
schedule, configuration control, subcontracts, mission assurance,
resource management and Government insight; the thoroughness of the
offeror's internal review process and the effectiveness of the
Government's role in that process; and the effectiveness of the
offeror's proposed approach to evaluating and resolving any deficiencies
or concerns identified by the Government.

The Government will evaluate the extent of the corporate commitment as
indicated by the offeror's corporate organizational chart showing the
location of the LDCM program; the effectiveness of the offeror's LDCM
program organizational chart identifying all managerial positions by
title and level of decision-making authority; and the appropriateness of
the visibility the program will have with upper management during all
phases of the LDCM lifecycle.

The offeror\'s basis for teaming and subcontracting will be evaluated,
as well as the quality and efficiency of the interface and relationships
of the offeror and its subcontractors.

The offeror will be evaluated on its ability to provide a staff of
professional personnel with appropriate experience to perform the effort
required in the SOW.

The Government will evaluate the appropriateness and the effectiveness
of the offeror's proposed System Assurance Program for each life cycle
phase of the LDCM program and the relevance of the heritage of the
System Assurance Program.

As applicable, the Government will evaluate the feasibility of the
offeror's proposed business and marketing concepts and plans.

The Government will evaluate the reasonableness and acceptability of the
proposed Small Business Subcontracting Plan and goals.

1.4 Subfactor D Small Disadvantaged Business (SDB) Participation (FAR
19.12)

# Offerors should refer to FAR provision 52.219-24, \"Small Disadvantaged Business Participation Program\--Targets\" in section L of this solicitation. This subfactor includes the percent of proposed SDB participation against total contract value with emphasis on complex or high technology work that will enhance the development of SDBs. Specific identification of SDB contractors and associated work and past performance of the offeror in meeting SDB goals and earning and associated incentives will be considered. The offeror's proposed plans, procedures, and organizational structure associated with ensuring attainment of proposed SDB targets will also be considered.

2\. Weights and Scoring

In accordance with NFS 1815.304-70(b)(1), the Mission Suitability factor
will be weighted and scored on a 1000-point scale.

The weights (points) associated with each Mission Suitability subfactor
are as follows:

Points

Subfactor A\-- LDCM Development Approach 500

Subfactor B\-- Risk Assessment 200

Subfactor C\--Capability to Perform Formulation & 250

Implementation

Subfactor D\--Small Disadvantaged Business Participation 50

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

Total 1000

The Mission Suitability subfactors and the total Mission Suitability
factor will be evaluated using the adjectival rating, definitions and
percentile ranges at NFS 1815.305(a)(3)(A). The maximum points available
for each subfactor will be multiplied by the assessed percent for each
subfactor to derive the score for the particular subfactor. For example,
if a subfactor has possible 200 points and receives a percent rating 80,
then the score for that subfactor would be 160 points.

(End of text)

## M.4 PRICE EVALUATION FACTOR

This is a firm fixed price acquisition.

A price analysis will be conducted in accordance with FAR 15.305(a)(1).
Price analysis is described at FAR 15.404-1(b). This analysis is done to
ensure that the Government pays a \"fair and reasonable\" price.
However, the analysis is not intended to be protective of the offeror.

If the offeror has proposed the use of any MIT/Lincoln Laboratory
services described in contract attachment E, MIT/Lincoln Laboratory
Services, the Government will evaluate the realism of any proposed
not-to-exceed estimate for such services.

The Source Selection Authority will be presented the total Firm Fixed
Price and the results of the price analysis.

This acquisition is a full and open competition. Refer to FAR subpart
19.11 and to FAR clause 52.219-23, "Notice of Price Evaluation
Adjustment for Small Disadvantaged Business Concerns." The adjustment
will not be made if there are no Small Disadvantaged Business (SDB)
offeror(s) or if all SDB offerors have waived the price adjustment.

(End of text)

## M. 5 PAST PERFORMANCE EVALUATION FACTOR

This factor will apply to the proposing entity and any significant
subcontractors. The evaluation will be conducted in accordance with FAR
15.305(a)(2) and NFS 1815.305(a)(2), \"Past Performance Evaluation\".
The approach to evaluating past performance is provided below in
accordance with 15.305(a)(2)(ii). This factor will not be point scored.
One of the following adjectival ratings will be assigned:

Exceptional - Essentially no doubt exists that the offeror will
successfully perform the required effort.

Very Good - Little doubt exists that the offeror will successfully
perform the required effort.

Satisfactory -- Some doubt exists that the offeror will successfully
perform the required effort.

Neutral - No performance record identifiable (see FAR 15.305(a)(2)(iii)
and (iv)).

Marginal - Substantial doubt exists that the offeror will successfully
perform the required effort. Changes to the offeror\'s existing
processes may be necessary in order to achieve contract requirements.

Unsatisfactory - Extreme doubt exists that the offeror will successfully
perform the required effort.

Past performance will include the following specific areas established
for this procurement in accordance with NFS 1815.305(a)(2)(B):

\--Technical Performance

\- The offeror\'s compliance with technical requirements and performance
standards for previous and present work. For hardware and hardware
systems, this includes compliance with process requirements (such as
product assurance) and control systems (such as configuration
management) as well as the performance requirements for the delivered
hardware or system and whether design life was achieved. The offeror\'s
performance on interim work and deliverables such as system designs,
prototype hardware, and technical reports will also be considered, as
well as the initiative of the offeror in identifying and resolving
unforeseen technical problems.

\--Schedule Performance

\- The offeror's performance in meeting completion dates. This includes
any interim deliverables or milestones such as periodic technical and
business reports, system designs, and prototype hardware.

\--Cost Performance

\- The offeror's cost performance relative to cost increases and cost
savings (such as overruns and underruns) experienced on previous and
current contracts. Only those increases or savings within the
responsibility of the offeror under the terms of the particular
contracts are considered. However, customer directed efforts and
\"de-scopings\" to mitigate cost increases will be considered in
assessing cost performance.

(End of text)

RFPW-09635-JLB

Attachment A

LDCM Formulation Phase Statement of Work

RFPW-09635-JLB

Attachment B

> Landsat Data Continuity Mission (LDCM) Data Specification

RFPW-09635-JLB

Attachment C

> Landsat Data Continuity Mission (LDCM) Acronym List and Lexicon

######## RFPW-09635-JLB

Attachment D

Landsat Data Continuity Mission (LDCM) Data Policy

######## RFPW-09635-JLB

Attachment E

Landsat Data Continuity Mission (LDCM) Formulation Phase MIT/LL
Technology Transfer Support

RFPW-09635-JLB

Attachment F

Small Business Subcontracting Plan (TBD DATE)

RFPW-09635-JLB

Attachment G

LDCM MIT/LL Technology Transfer Support SOW(s)(TBD)