NAS15-10000

MODIFICATION 860

**Section H**

**Special Contract Requirements**

NAS15-10000

MODIFICATION 860

**[SECTION H - SPECIAL CONTRACT REQUIREMENTS]{.underline}**

**H.1 SPECIAL PROVISIONS REGARDING LOCKHEED SUBCONTRACT\
ASSIGNED TO BOEING**

1\. Notwithstanding any other provision of this contract, the parties
agree that the Contractor is not required to update or modify any of the
FAR or NASA FAR Supplement clauses in NAS 9-17830 upon or after the
assignment of this contract from the Government to the Contractor.

2\. RESPONSIBILITIES OF THE PARTIES:

> \(a\) NASA and Lockheed shall look only to each other in resolving any
> claims or disputes which may arise during the performance of the
> NASA-Lockheed prime contract NAS9-17830.
>
> \(b\) Lockheed and Boeing shall look only to each other in resolving
> any claims or disputes which are based on the performance of the
> Boeing-Lockheed subcontract.
>
> \(c\) NASA and Boeing shall look only to each other in resolving any
> claims or disputes which are based on the performance of this Boeing
> prime contract.

(End of clause)

**H.2 PROVISlONING PROCEDURES**

1\. [General]{.underline}

The Government may order (a) spare parts; and (b) overhaul and repair;
pursuant to the provisioning procedure set forth herein. The Contracting
Officer is the only individual authorized to issue Provisioning Item
Orders (PIOs) ordered related to this contract. Provisioning analysis
under this clause will be in accordance with Section C, paragraph 1.5.3,
LOGISTICS AND MAINTENANCE. Provisioning analysis is part of the
Contractor's basic obligation and will not be provided through
provisioning orders.

2\. [Ordering]{.underline}

> \(a\) Supplies or services to be furnished under this clause shall be
> ordered by the Issuance of PIOs by the Contracting Officer.

(b) It is understood and agreed that this clause does not establish
    provisioning requirements nor does the Government have any
    obligation under the terms of this contract to issue PIOs.

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> \(c\) All PIOs hereunder are subject to the terms and conditions of
> this contract. This contract shall have control in the event of a
> conflict with any order.
>
> \(d\) Orders shall be effective upon receipt of the PIO by the
> Contractor.
>
> \(e\) PIOs shall, as a minimum, describe the following:
>
> i\. the supplies or services being ordered;
>
> ii\. the requested delivery schedule (unpriced orders) or required
> delivery schedule for definitized orders;
>
> iii\. the designation of the provisioning category that the order's
> price(s) will be listed under; and
>
> iv\. any other specifics which are required to complete the order.
>
> \(f\) The Government reserves the right to issue unpriced orders under
> this contract. All orders shall be subject to the "LIMITATION OF
> FUNDS" clause of this contract. PIOs shall be issued by the
> Contracting Officer, on SF 30, "Amendment of Solicitation/Modification
> of Contract."
>
> \(g\) Within 60 days after receipt of an unpriced PIO, the Contractor
> shall submit a firm proposal to definitize the order. A proposal may
> address more than one PIO, but each deliverable item must be priced
> and substantiated separately within the proposal. The parties shall
> make every effort to negotiate firm prices for items ordered under
> unpriced PIOs. If it becomes apparent that the parties cannot agree on
> target cost and fee, the Contracting Officer may issue a unilateral
> determination of prices subject to the "Disputes" clause of this
> contract. Nothing in this clause shall excuse the Contractor from
> performing any work under this contract.
>
> \(h\) The Contractor's obligations under the "Inspection of Research
> and Development" clause shall take precedence over these provisioning
> procedures in the event the performance of any services or the
> furnishing of any items may be covered by both provisions.

(End of clause)

**H.3 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS\
OF OFFERORS** (JSC 52.209-90) (SEP 1988)

This contract incorporates Section K, Representations, Certifications,
and Other Statements of Offerors, as set forth in the Contractor's
proposal [2-1150-94-0300]{.underline}, dated [October 10,
1994]{.underline}, by reference, with the same force and effect as if it
were given in full text.

(End of clause)

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### H.4 LIMITATION OF APPLICABLE DOCUMENTS

Documents that are (i) referenced in this contract or (ii) referenced in
a document that is referenced in this contract are applicable to this
contract in their entirety, unless the text that references the document
states otherwise. These documents are listed in sections 2.1 and 2.2 of
SSP 50257 as set forth in Attachment J-6, and are controlled by revision
level.

Documents which are referenced in a document that is referenced in a
document that is referenced in this contract, are guidance/reference
documents and not "applicable documents" as that term is used in this
provision, or any similar context. These documents are listed in section
3.0 of SSP 50257 as set forth in Attachment J-6.

Documents generated by the Contractor in response to the DRL/DRDs are
not "applicable documents" as that term is used in this clause, or any
similar context.

(End of clause)

**H.5 EXPORT OF TECHNICAL DATA, COMPUTER SOFTWARE, OR\
HARDWARE IN THE CONDUCT OF SPACE STATION RELATED\
ACTIVITIES**

1\. During the conduct of Space Station related activities, including
Shuttle/Mir activities, NASA may have a need to deliver, disclose, or
transfer to a foreign entity or person ("export") technical data,
computer software, or hardware developed, used, or required to be
delivered by the Contractor in the performance of this contract. When
such a need arises, NASA may exercise the applicable exemptions, general
licenses, existing NASA export licenses or other approvals available to
a Federal agency under the U.S. export control laws, and may effect the
export of such technical data, computer software, or hardware for NASA
by direction to the Contractor.

2\. When directed in writing by the Contracting Officer, or designated
representative, the Contractor, acting as an agent of NASA for the
purposes of export control, shall export on behalf of NASA specifically
identified technical data, computer software, or hardware to a named
foreign entity or person, in the manner and under the conditions
provided for in the direction.

3\. Any export made in accordance with this clause shall be limited to
only that technical data, computer software, and hardware which NASA
specifically identifies and authorizes the Contractor to export, in the
manner and under the conditions provided in the authorization. All other
exports of technical data, computer software and hardware by the
Contractor, whether related to the performance of this contract or
otherwise, are subject to the applicable requirements of the U.S. export
control laws and regulations.

4\. Nothing contained in this clause shall affect the protection or
allocation of rights to technical data or computer software between NASA
and the Contractor or any subcontractors as provided for in this
contract or subcontract hereunder; nor shall this clause imply any
license or affect the scope of any license otherwise granted to the
Government or the recipient of the transferred or disclosed technical
data or computer software.

5.  The Contractor agrees to include this clause in all Space Station
    related subcontracts at any tier (suitably modified to reflect the
    relationship of the parties), the performance of which may require
    the development, delivery, or use of technical data, computer
    software, or hardware. If there is any question as to such a need by
    the Contractor or a prospective subcontractor, the Contractor shall
    promptly notify the Contracting Officer and not proceed with
    subcontract award without further instruction.

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6\. When this clause is included in a subcontract, the Contractor and
subcontractor agree that any direction given by the Contracting Officer
or designated representative to the Contractor under this clause will be
given by the Contractor to a subcontractor when required to effect the
export for NASA in accordance with this clause.

(End of clause)

**H.6 HOUSEHOLD GOODS SHIPMENTS** (JSC 52.247-96) (APR 1984)

Movement of household goods and personal effects of Contractor
employees, when the total transportation costs are to be reimbursed by
the Government shall be made by carriers furnishing reduced rates under
section 22 quotations of the interstate Commerce Act. The Contractor
will inform the Chief, Transportation Branch, JF7, Lyndon B. Johnson
Space Center, Houston, Texas 77058, telephone 483-6506, of each planned
movement; and that office will provide the Contractor with applicable
instructions for household goods movement and such other support or
guidance that is requested.

The Contractor will furnish the Chief, Transportation Branch, Lyndon B.
Johnson Space Center, with advance information of any planned mass
movement of personnel (25 or more families) 30 or more days prior to the
start of any major relocations in order to provide the Government with
sufficient time for rate negotiation action.

Carrier's bill of lading and related shipping documents will be
annotated with the following statement.

> \"TRANSPORTATION HEREUNDER IS FOR THE GOVERNMENT, AND THE ACTUAL TOTAL
> TRANSPORTATION CHARGES PAID TO THE CARRIER OR CARRIERS ARE TO BE
> REIMBURSED BY THE GOVERNMENT."

One copy of all carrier's bills of lading will be furnished to the
Chief, Transportation Branch, JF7, Lyndon B. Johnson Space Center,
Houston, Texas 77058 on movements of household goods and personal
effects which are the result of the relocation of Contractor employees
when the total transportation costs are to be reimbursed by the
Government. Requests or deviations from the procedure established by
this clause shall be in writing and addressed to the Contracting
Officer.

Such requests must be made prior to the proposed move and in sufficient
time for the Contracting Officer to make a decision. Failure to comply
with the provisions of this clause may result in the disallowance of
costs, which are in excess of those which would have resulted from
utilization of reduced rates obtainable under the provisions of this
clause.

The Contractor shall mark all items in accordance with MIL-STD-130.

(End of clause)

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**H.7 TECHNICAL INFORMATION RELEASES AND PUBLICATIONS**

As authorized by paragraph (d)(1) of the Rights in Data -General Clause
of this contract, the following exception shall apply:

During the performance of this contract, if data relating to this
contract is planned for use in oral or written presentations,
professional meetings, seminars, or in articles to be published in
professional, scientific, and technical journals and similar media, the
Contractor shall assure that an advance information copy of the
presentation or article is sent to the Space Station Program (SSPO) to
have the benefit of advance information concerning accomplishments of
interest, and will provide the SSPO an opportunity to make suggestions
to the Contractor concerning revisions if it is considered that such
comments might be useful to the Contractor to help assure the technical
accuracy of the information to be presented or published. The
information copy will be forwarded to the technical monitor of the
contract at least four weeks in advance of the date the author intends
to give the presentation or submit the article for publication.

The advance information copy may be submitted in the format or medium
which will be utilized in its ultimate release.

(End of clause)

**H.8 MANNED SPACE FLIGHT MOTIVATION AWARENESS PROGRAM**

The Contractor shall maintain a product oriented motivation (awareness)
program in accordance with Safety NHB 1700.1(VI-B). The program
objective shall be the prevention of human error by instilling in
individuals performing on the contract and on critical subcontracts, an
awareness of individual responsibility for the International Space
Station Alpha (ISSA) mission success, flight crew safety, and motivating
the exemplary performance necessary to achieve success. The program
shall include as a minimum:

1\. Participation in the NASA-Industry Manned Flight Awareness Program
(MFA).

2\. Goal setting and measurement to provide documented practical goals
and performance standards for the reduction and elimination of human
errors at organizational and individual employee levels.

3\. Error Cause Identification and Removal System for detecting human
errors, relating them to an identifiable cause, and action to remove the
cause.

4\. Methods to obtain and distribute ISSA motivational information and
materials to concerned Contractor personnel, subcontractors, and vendors
supplying critical flight and ground support hardware and software.

5.  Motivational (awareness) indoctrination for Contractor ISSA
    supervisory personnel and indoctrination of the work force in
    workmanship needs.

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6\. Recognition of personnel who demonstrate their awareness through
exceptional craftsmanship, error free workmanship and attention to
careful performance in their job responsibility. The Contractor shall
flow down the provisions of this clause to the critical subcontractors
identified in H.18 entitled "Key Product Groups."

(End of clause)

**H.9 PRICING OF COMMON ITEMS TO INTERNATIONAL PARTNERS**

1\. The Government has entered into agreements with International
Partners (IP) which contemplates that certain space station "common
items," previously intended to be procured by NASA, will now be acquired
directly by the contractors of these organizations from the United
States development contractor. These agreements provide, among other
things, that NASA will take the necessary contractual steps to enable
that common items can be procured by International Partner contractors
for Space Station use, and to ensure that the recurring cost to such
contractors consistent with the cost basis paid by NASA. The common
items subject to this clause are found in Appendix J-11.

2.  In order to carry out the intent of the above, the contractor
    (Boeing) agrees as follows:

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(a) If a Product Group is requested by an IP contractor to submit a
    proposal for any of the common items identifies, the Product Group
    agrees to estimate such items to such contractor consistent with the
    recurring costs estimated for such items in the NASA Space Station
    contract (NAS15-10000); provided, however, that if there are
    differences in the circumstances under which the items are being
    priced to the contractor (e.g., greater or lessor quantities,
    configuration changes, alternative business relationships, variances
    in schedule requirements, break in production, actual price
    experience, etc.), the Product Group's estimate of the items may
    vary to the extent of such different circumstances. For the purposes
    of establishing a pricing baseline, Boeing, the Product Groups, and
    the Government anticipate reaching an agreement on cost estimates
    for the common items listed in Attachment J-11 no later than 90 days
    after definitization of the prime contract. Appendix J-11 shall be
    modified to include the agreed-upon cost estimates.

(b) Each proposal provided to an International Partner contractor for
    common items shall include a reference to the base target cost
    identified in Appendix J-11 as well as an explanation of any
    differences from the base target cost.

(c) Boeing and the Product Groups agree to negotiate in good faith with
    any International Partner contractors desiring to buy common items
    as identified in Attachment J-11, and to do so in a manner
    consistent with the terms of this clause.

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3\. Boeing agrees to insert the substance of this clause in all
subcontracts negotiated between Boeing and a Product Group which is
furnishing to Boeing one or more of the common items identified in
Attachment J-11. The Product Groups will flow this clause to lower tier
subcontracts to the extent practical and possible. This clause has no
application to contracts between Product Groups and IP contractors
entered into prior to the effective date of this contract.

(End of clause)

**H.10 GOVERNMENT APPROVALS/CONCURRENCES**

1\. In the performance of this function, exercise by the NASA of any

rights provided for in this contract shall not relieve the contractor of
his

responsibility for performance of hardware provided under this contract
or for

any other contract obligations. Such rights include, by way of example,
but not

by limitation, the Government\'s right to:

\(a\) approve or disapprove certain contractor documentation;

\(b\) issue technical direction in accordance with the article of this
contract entitled \"Technical Direction and Surveillance\";

\(c\) approve of design approaches, design solutions, and specifications
and

\(d\) concur in \"Make or Buy\" decisions or source selections

2\. Nothing in this clause shall be construed to be in derogation of the

rights of the Contractor provided for elsewhere in this contract.

(End of clause)

**H.11 RESERVED**

**H.12 INDEMNIFICATION**

The Government is not aware at this time that any unusually hazardous
risks exist in carrying out the Space Station Program. Should the
Contractor request indemnification under PL 85-804 in the future, and
the facts and circumstances warrant the inclusion of an indemnification
clause at that time, the Government will pursue in good faith the
indemnification of the contractor and subcontractors for liabilities in
excess of their respective insurance coverages in effect at the time of
space product liability exposure, without additional consideration
flowing to the Government.

(End of clause)

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**H.13 SPECIAL TERMINATION COSTS**

> 1\. Definition.

"Special termination costs," as used in this clause, means those
allowable costs as defined in Part 31 of the Federal Acquisition
Regulation (FAR) \-- including but not limited to:

\(a\) Severance pay, as provided in FAR 31.205-6(g);

\(b\) Reasonable cost continuing after termination, as provided in FAR
31.250-42(b);

\(c\) Settlement of expenses as provided in FAR 31.205-42(g);

\(d\) Costs of return of field service personnel from sites, as provided
in FAR 31.205-35 and FAR 31.205-46(c); and

\(e\) Subcontractor termination settlements including, but not limited
to, the costs in subparagraph 1 (a)(b), (c), and (d) of this clause.

2\. Notwithstanding the Limitation of Funds clause of this contract, the
Contractor shall not include in its estimate of costs incurred or to be
incurred,

any amount for special termination costs to which the Contractor may be
entitled in the event this contract is terminated for the convenience of
the Government.

3\. In the event of a termination for convenience, and subject to
negotiation of a termination settlement, the Government agrees to pay
the Contractor for special termination costs from amounts reserved
within NASA's Human Space Flight appropriation or from such other funds
appropriated or to be appropriated by Congress for this purpose. In the
event any additional funding is required to reimburse the Contractor for
its full termination liability, NASA will seek such funds and provide
them to the Contractor when available.

4\. In the event of termination for the convenience of the Government,
this clause shall not be construed as affecting the allowability of
special termination costs in any manner other than limiting the source
of funds from which the Government would pay allowable costs.

5\. This clause shall remain in full force and effect until this
contract is fully funded or other mutually agreeable provisions are
established to cover such termination costs.

6\. Nothing in this clause shall be deemed to commit or bind Congress to
take any future appropriation action.

(End of clause)

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**H.14 PROPERTY/DATA TO BE FURNISHED BY INTERNATIONAL PARTNERS**

1\. The target cost of this contract is based on the property identified
in Attachment J-12, being made available to the Contractor on or before
the dates indicated for the Contractor's use in performing this
contract, together with such related data and information as the
Contractor may request and as may be reasonably required for the
intended use of the property. The identified property in Attachment J-12
with a disposition of "Requires NASA Protocol," have been agreed to be
provided by NASA, although the International Partners have not agreed
via protocol.

2\. In the event any of the property/data identified above is not
furnished on or before the related date, or is not in a condition
suitable for use when furnished, and either or both of these conditions
increase the cost of performance of this contract, such increased cost
shall be excluded from "total allowable cost" to the extent provided in
paragraph (e) (4) of the "INCENTIVE FEE" clause hereof. In the event
either or both conditions otherwise affect the Contractor's ability to
perform this contract in accordance with its terms, anequitable
adjustment shall be made in other appropriate terms and conditions
hereof in accordance with the procedures of the "CHANGES" clause.

3\. If the Contractor proposes an equitable adjustment, or the exclusion
of certain costs from total allowable cost, based on this clause, the
Contractor shall submit to the Contracting Officer such supporting data
as the Contracting Officer may reasonably request for purposes of
evaluation and reaching a conclusion on the Contractor's position.

4\. The Government shall deliver to the Contractor for use in connection
with and under the terms of this contract related data and information
as the Contractor may request and as may be reasonably required for the
intended use of the property described in Attachment J-12.

5\. Data and information requested by the Contractor related to the
property described in Attachment J-12 of this contract shall from time
to time be added by mutual agreement of the parties to Attachment J-12,
together with the date such data and information shall be provided.

(End of clause)

**H.15 CIVIL SERVICE ASSISTANCE**

1\. This clause supersedes the previous Clause H.15 of this contract,
"NASA Assistance by Civil Servants," in its entirety.

2.  During the performance of this contract the parties may agree that
    there is a need for participation by Government personnel to assist
    the Contractor in fulfilling the Statement of Work requirements. To
    the extent that such needs are agreed to between the Government and
    Contractor program management, such participation by Government
    personnel, if any, will be considered to be within the scope of the
    contract and no further equitable adjustment in the cost or fee,
    either upward or downward, will be made. Failure on the part of the
    Government to provide any civil service personnel under this clause
    (or fewer personnel than the contractor may request or require)
    shall not give rise to an equitable adjustment in cost or fee.

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3\. It is understood and agreed that Contractor and civil service
personnel, if provided, will work in a cooperative relationship. At no
time will civil service personnel have authority to supervise, control,
or direct Contractor personnel, nor will Contractor personnel have any
authority to supervise, control, or direct civil service personnel. The
parties agree that each will provide adequate instructions to their
respective personnel in this regard, and specifically direct them not to
engage in any conduct or actions that are, or could reasonably be
construed as being supervisory in nature with respect to their
Government/Contractor counterparts.

4\. Regardless of the Government's participation under his provision, if
any, the Contractor shall be held solely responsible for meeting all the
requirements of the contract.

(End of clause)

**H.16 IDENTIFICATION AND APPROVAL FOR USE OF RESTRICTED COMPUTER
SOFTWARE AND/OR COMMERCIAL COMPUTER SOFTWARE**

A. The Contractor shall identify, in writing, within 30 days of
definitization, all restricted computer software and/or commercial
computer software, as defined in the "Rights in Data-General" and the
"Commercial Computer Software Licensing" clauses of this contract, that
will be delivered in performance of this contract. The Government shall
approve or disapprove, in writing, delivery of the identified restricted
computer software and/or commercial computer software within 60 days
from receipt of request.

B. The Contractor shall be responsible for notifying the Government on a
continuous basis of additional restricted computer software and/or
commercial computer software to be delivered.

C. If the Government disapproves the use of restricted computer software
and/or commercial computer software, when such software is identified,
the Contractor may submit a proposal for equitable adjustment to the
Contracting Officer. Such proposals shall be handled according to the
provisions of the "Changes" clause of this contract.

(End of clause)

**H.17 CONTRACT BILLING AND PAYMENT**

> 1\. The Contractor is hereby authorized to submit cost vouchers for
> payment which contain cost of Boeing, McDonnell Douglas (A wholly
> owned subsidiary of The Boeing Company), and any other subcontractor
> approved in writing by the Contracting Officer upon receipt of a cost
> voucher from the subcontractor.

2.  McDonnell Douglas is hereby authorized to submit cost vouchers to
    the Contractor which contain cost, and any other subcontractor
    approved in writing by the Contracting Officer upon receipt of a
    cost voucher from the subcontractor.

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3.  RESERVED

4.  Effective February 7, 2002, NASA agrees to issue payments to the
    Contractor within 7 days of receipt of cost vouchers. No discount
    shall be applied to cost vouchers.

(End of clause)

**H.18 KEY PRODUCT GROUPS**

For the purpose of the provisions of this contract wherein appears the
term "Product Group" ("PG"), the term is defined as a
subcontractor/Boeing Division which is considered essential to the
performance of the work under this contract by reason of possessing an
exclusive or a predominant capability to provide the required supplies,
services, and/or processes at the time(s) and in the manner specified.

> The following firms are designated Product Groups:

(End of clause)

**H.19 ORDER OF PRECEDENCE**

Any inconsistency in this contract shall be resolved by giving
precedence in the following order:

+-----+----------------------------------------------------------------+
| 1\. | > The Schedule (including the SOW)                             |
+-----+----------------------------------------------------------------+
| 2\. | > Representations and other instructions                       |
+-----+----------------------------------------------------------------+
| 3\. | > Contract clauses                                             |
+-----+----------------------------------------------------------------+
| 4\. | > Other Contract Section "J" documents, exhibits, and          |
|     | > attachments not listed below, excluding documents listed in  |
|     | > Attachment J-6                                               |
+-----+----------------------------------------------------------------+
| 5\. | > ISSA System specification                                    |
+-----+----------------------------------------------------------------+
| 6\. | > U.S. On-Orbit Segment specification                          |
+-----+----------------------------------------------------------------+
| 7\. | > Inter-segment Interface Control Documents                    |
+-----+----------------------------------------------------------------+
| 8\. | > SSP 50257 sections 2.1 and 2.2, and other applicable         |
|     | > documents as listed in Attachment J-6, Applicable Documents  |
|     | > List                                                         |
+-----+----------------------------------------------------------------+

(End of clause)

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## H.20 RESERVED

**H.21 SPECIAL PROVISION FOR CONTRACT CHANGES**

1.  The parties agree that notwithstanding the provisions of clause I.12
    "Changes\--Cost-Reimbursement (Deviation)," no change made pursuant
    to Clause I.12 shall give rise to an equitable adjustment in the
    estimated cost and applicable fees when such change causes, (i)
    contract cost increase(s) totaling less than \$500,000, or (ii)
    contract cost decrease(s) totaling less than \$500,000, or (iii) a
    combination of contract cost increases and decreases which in the
    aggregate total (i.e., the absolute value of which is) less than
    \$500,000. Each such change shall be controlling in making this
    determination, and such change shall not, for purposes of
    determining the applicability of the clause, be added to any other
    change(s) nor shall any change be split into sub-elements. The
    parties recognize that several changes may be grouped together in
    bilateral contract modification for administrative purposes.

    2\. The clause applies to all contract changes issued and authorized
    pursuant to Clause I.12 , and shall continue to apply to all such
    changes issued and authorized from October 1, 2002 to December
    31,2003 under this contract. Change request issued dates under this
    clause shall be based on the date authorized by contract Change
    Order (CCO), Supplemental Agreement (SA), or Contracting Officer's
    Letter (COL).

    3\. This clause shall not apply to waivers or deviations approved
    pursuant to clause G.10, "Request for Waivers or Deviation."

    (End of Clause)

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    MODIFICATION 860

    **H.22 SPACE STATION FREEDOM HARDWARE AND SOFTWARE USAGE**

    Hardware and software developed under the Space Station Freedom
    (SSF) program may be used for the ISSA program applications.
    Hardware and software for which the design had been completed and
    manufacturing had been initiated at contract definitization shall be
    considered for exclusion from the requirement to meet ISSA
    applicable documents design requirements. The SSF items identified
    for transition to the ISSA program shall meet applicable ISSA
    performance, interface, survivability, and crew safety requirements.
    The Contractor shall submit design assessments, analyses, rationale,
    or records to support transition of the SSF items. This data shall
    be sufficient to substantiate that the items satisfy applicable
    performance, survivability, and safety requirements. Initial
    rationale shall be provided no later than 90 days after contract
    definitization and final rationale (which will include applicable
    detailed data, assessments, and analysis) shall be provided at the
    appropriate corresponding first-use-on element critical design
    review.

    For hardware and software developed under the Space Station Freedom
    (SSF) program, the Contractor is not required to flow ISSA
    applicable documents to lower tier subcontractors provided that the
    subcontractor performs a "meets-or-exceeds" exercise to confirm the
    verification of items designed and built to SSF requirements meet
    the ISSA requirements and includes this analysis in the compliance
    documentation.

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    In the event the SSF hardware and software identified for use in the
    ISSA program contained in the SSF Equipment List as described in
    Attachment J-14, are not excluded from the requirement to meet ISSA
    applicable documents design requirements, the Contractor shall be
    entitled to an equitable adjustment pursuant to the Changes Clause.
    Attachment J-14 is subject to a one-time modification to add the
    PG-3 items to the list in accordance with clause H.31.

    (End of clause)

    **H.23 SPECIAL PROVISION FOR GOVERNMENT FURNISHED DATA**

    Government Furnished Data made available under this clause shall in
    every respect be subject to FAR 52.245-5 Government property clause
    of this contract. Such data requested by the Contractor shall from
    time to time be added by mutual agreement of the parties to
    Attachment J-2, Section III, together with the date such data shall
    be provided.

    (End of clause)

    **H. 24 SUSTAINING ENGINEERING**

    This provision defines the Contractors' obligation to provide
    sustaining engineering (SE) support to ISSA. The ISSA contract, as
    definitized requires the development and submission of a Sustaining
    Engineering Plan (SEP) as contemplated in Section C, Prime Contract
    Statement of Work (SOW), subparagraph 1.5.5 (DR VE-34). The SEP will
    define the tasks, skills, tools, and facilities which are required
    to support the on-orbit ISSA. Sustaining Engineering effort beyond
    the submission of the SEP is within the general scope of the ISSA
    contract; however, due to the uncertainty of associated effort and
    costs, it will be authorized and negotiated as a separate contract
    action. To insure a clear understanding of the requirements and
    scope of Sustaining Engineering, the parties agreed to the
    following:

    1\. The Contractor shall conduct sustaining engineering as defined
    in the SEP for delivered U.S. flight hardware and software through
    U.S. assembly complete plus 12 months. There is a sustaining
    engineering effort required to plan the transition from DDT&E to
    Sustaining Engineering and will start no later than 18 months (or as
    defined in the SEP) prior to the launch of the first U.S. element.

2.  Sustaining Engineering is divided into 3 categories. The first
    category is the effort required to support pre-launch processing
    (subsequent to handover for Shuttle integration, provisional
    DD-250), launch, and on-orbit assembly and check-out. The second
    category is support required for delivered items on-orbit during the
    period that DDT&E continues on like items. Categories 1 & 2 overlap
    during the period of performance of this contract. The third
    category is support to an item after the delivery of the last item
    of type, this support will continue through the life of the program.

H-14

NAS15-10000

MODIFICATION 860

The contract does not require the Contractor to update the plan or to
perform sustaining engineering, it is expected that this effort will be
authorized and negotiated at a later date. Contractor performance of
sustaining engineering effort under this contract is dependent on its
being negotiated as contemplated above. Performance of sustaining
engineering by the Contractor is not expected to go beyond assembly
complete plus 12 months.

(End of clause)

**H.25 RESERVED**

**H.26 UNPRESSURRIZED LOGISTICS CARRIER/DRY CARGO CARRIER (ULC/DCC)
DELETION**

The capabilities to support prelaunch and post landing operations and
resupply and return requirements for the transportation of external
cargo as defined in SSP 41000 System Specification Revision E paragraphs
3.2.1.3.1.1, and 3.2.1.3.2.1 and SSP 41162 United States On-orbit
Segment Specification Revision E paragraphs 3.2.1.3.1.1, 3.2.1.3.2.2
will be met by GFE hardware provided by the Government to the
Contractor. The Government will ensure that the functional performance
of the GFE hardware provides full compliance with the functional
requirements for the transportation of external cargo specified in SSP
41000 System Specification Revision E paragraphs 3.2.1.3.1.1,
3.2.1.3.2.1, 3.7.1.3.28.1, and 3.7.1.3.29.1, and SSP 41162 United States
On-orbit Segment Specification Revision E paragraphs 3.2.1.3.1.1, and
3.2.1.3.2.2. The Government will also ensure that the GFE hardware
provides full compliance with ISS program requirements defined in SSP
41000 System Specification Revision E and SSP 41162 United States
On-orbit Segment Specification Revision E paragraphs 3.2.2 through 3.6.2
inclusive.

**H.27 ECP 263 POWER REQUIREMENTS ALLOCATIONS**

The parties to this contract recognize that at the time of ECP 263
definition, certain ISS System Specification changes have not been
allocated to the SSP 41164 MPLM, SSP 41167 MSS, and SSP 41165 JEM
specifications. The parties to this contract recognize that as part of
the ECP 263, SSP 30238 DCN 001, SSP 30243 DCN 001, and SSP 30245 DCN 001
must be released to correct typographical errors in the content of SSP
30238, SSP 30243, and SSP 30245 and SSP 30237 DCN 001 must be released
against the SSP 30237 to remove the CE07 Limits for SSP 30237.

Due to late identification of these changes, the SSP 30238 DCN 001, SSP
30243 DCN 001, SSP 30245 DCN 001, and SSP 30237 DCN 001 changes could
not be included in the SSP 41164 MPLM, SSP 41167 MSS, and ECP 263
contemplates that these changes will be accomplished by another change.
(Therefore, the parties agree if the SSP 41164 MPLM, SSP 41167 MSS, and
SSP 41165 JEM specifications are not modified to align it with the ISS
System Specification, the Contractor will not be held responsible for
system performance due to the misalignment of the specifications arising
out of the above changes.)

H-15

NAS15-10000

MODIFICATION 860

A separate ECP will be processed to close the disconnect caused by the
DCN 001 to SSP 30238, DCN 001 to SSP 30243, DCN 001 to SSP 30245, and
DCN 001 to SSP 30237 between the SSP 41000 System Specification and
MPLM, MSS, and JEM specification.

Upon definitization of the contract modification authorizing the above
alignment, this clause may be deleted from the contract.

**H.28 SPECIFICATION EVALUATION PROVISION**

The ISSA shall be considered compliant with the quantitative reliability
requirement as defined in the system specification when one of the
following occurs: a) compliance is demonstrated per the system
specification; or b) compliance is demonstrated through analysis of
assembly complete on-orbit performance data prior to completion of the
contract. Since this requirement is allocated to the assembly complete
configuration, any award fee evaluation of this requirement shall be
based on the assembly complete configuration and not on any interim
configurations. The timing of the award fee evaluation of this
requirement shall be based on the contractor's chosen method for
demonstrating compliance as specified in either a) or b) above. Nothing
in this clause shall preclude the evaluation of this requirement in the
final award fee milestone.

(End of clause)

**H.29 SPECIAL PROVISION REGARDING INTERNATIONAL\
PARTNERS/PARTICIPANTS' SPECIFICATIONS**

The parties recognize that due to agreements between the International
Partner/Participants (IPs) and NASA, some discrepancies between the ISSA
System Specification and the IP Segment Specifications may arise. The
parties agree that any ISSA System Specification compliance deficiency
created as a result of these discrepancies shall be considered
property/data not suitable for its intended purpose as described in the
Special Contract Requirement H.14 PROPERTY/DATA TO BE FURNISHED BY
INTERNATIONAL PARTNERS. It is agreed that Boeing shall identify to NASA
any specific discrepancies, as they arise, in sufficient detail for NASA
to take action to resolve specification issues which arise from these
discrepancies.

The parties agree that the resolution of discrepancies, to the extent
possible, shall be processed through the appropriate Integrated Product
Teams (IPTs)/Analysis and Integration Teams (AITs). In no case shall the
Contractor's Award Fee evaluation be negatively impacted by an IP
deficiency resulting from a discrepancy, caused by the agreements
referenced above, that has been identified to NASA for resolution in a
timely fashion.

(End of clause)

**H.30 RESERVED**

**H.31 RESERVED**

H-16

NAS15-10000

MODIFICATION 860

**H.32 RESERVED**

**H.33 PRIME/SUBCONTRACTOR RELATIONSHIPS**

The Government agrees not to unilaterally change existing contractual
relationships with the intent to elevate a lower tier subcontractor to
the Product

Group level. Additionally, in the event that a bilateral decision is
made to elevate a lower tier subcontractor to the Product Group level,
the parties agree that any change to this contract or to a Product Group
subcontract necessary to implement such decision shall be the subject of
bilateral negotiations pursuant to the Changes clause of this contract.

(End of clause)

**H.34 CROSS WAIVER OF LIABILITY**

For the purposes of NASA clause 18-52.228-76 "Cross-Waiver of Liability
for Space Station Activities", Russia shall be considered a "Partner
State" even though they have not yet signed the International
Governmental Agreement (IGA) since Russia has agreed to a Space Station
cross-waiver of liability under the Interim Agreement for Space Station
between the United States and Russia, dated June 23, 1994.

(End of clause)

**H.35 RESERVED**

**H.36 ADDITIONAL EXCUSABLE DELAYS**

In the event subcontract performance is excused pursuant to the
provision titled "Force Majeure" of subcontract HX3295 between the
contractor and KhSC (shown for reference below in full text), this will
represent an addition to the excusable delays listed in clause
52.249-14, to the extent that the contractor's performance is thereby
affected. The contractor shall immediately provide to the Government any
notice of force majeure that the subcontractor may identify and include
the extent to which contract performance may be affected. Requests for
revised delivery schedule under this clause will be processed in
accordance with clause 52.249-14 of this contact.

> "20 FORCE MAJEURE
>
> A. Where a Party is unable, wholly or in part, by reason of force
> majeure, to carry out any obligation under this Subcontract that
> Party:

1.  Gives the other Party prompt notice of that force majeure with
    reasonably full particulars thereof and, insofar as known, the
    probable extent to which it will be unable to perform or be delayed
    in performing that obligation; and

H-17

NAS15-10000

MODIFICATION 860

> 2\. Uses all possible diligence to mitigate the effects of the force
> majeure as quickly as possible; that obligation is suspended as far as
> it is affected by force majeure during the continuance thereof.
>
> B. If after a period of one month the force majeure has not ceased,
> the Parties shall meet in good faith to discuss the situation and
> endeavor to achieve a mutually satisfactory resolution to the problem.
>
> C. The requirement that the effect of any force majeure shall be
> mitigated with all possible diligence shall not require the settlement
> of any strike, lockouts or other labor disputes, or claims or
> settlement of demands, by any Government on terms contrary to the
> wishes of the Party affected.
>
> D. In the event of an excusable delay, resulting from events of force
> majeure under this Subcontract, the performance schedule of this
> Subcontract shall be extended equitably. Subcontractor shall provide
> Boeing with evidence supporting Subcontractor's claim of excusable
> delay and shall exert its best efforts to mitigate such schedule
> impact to the extent reasonable, including providing a work around
> schedule.
>
> E. In this Subcontract, "force majeure" means an act of God, strike,
> lockout or other interference with work, war declared or undeclared,
> blockage, disturbance, lightning, fire, earthquake, storm, flood,
> explosion, government or quasi-government restraint, expropriation,
> prohibition, intervention, direction, or embargo, unavailability or
> delay in availability of equipment or transport, inability or delay in
> obtaining governmental or quasi-governmental approvals, consents,
> permits, licenses, authorities or allocations. and any other cause
> whether of the kind specifically enumerated above or otherwise which
> is not reasonably within the control of the Party affected,"

**H.37 ADVANCE AGREEMENT ON FGB DRAWINGS**

The Contractor shall notify NASA upon receipt of all drawings and place
one copy of each drawing in the SSPO/Russian Technical Library. Subject
to National Security requirements in the KhSC Subcontract, NASA may
request and the Contractor shall provide any drawing required by NASA to
make technical and programmatic decisions regarding the FGB and
effectively oversee and evaluate the Contractor's performance.

The Contractor and NASA will coordinate the document request(s) to
insure that they are supported by adequate substantiation or rationale;
however, the content and/or the total number of drawings requested shall
not be a dispute under the contract provided that the drawings requested
by NASA already exist at KhSC or are required for the design,
manufacture, and/or testing of the FGB and/or any modifications.

H-18

NAS15-10000

MOD 1017 (S/A)

### H.38 SPECIAL PROVISION REGARDING ALLOWABILITY OF FGB COSTS

All applicable taxes (sales, use, service occupation, retailer's
occupation, personal property, excise, tariffs, duties, license fees,
royalty fees, custom fees, and similar liabilities whatsoever imposed by
the Russian Federation or any subdivision thereof ("taxes")) with the
FGB manufacture, test, or delivery requirements are not allowable costs
under this contract.

**H.39 SPECIAL PROVISION FOR SSCN 74 ACTIVE RACK ISOLATION\
SYSTEM**

Acceptance of cost and fee associated with SSCN 74 entitled, "Active
Rack Isolation System" on Supplemental Agreement (S/A) 231 is based on
the acceptance of the Boeing EEE parts plan included in the Boeing
proposal. If the Government should require any substantive changes to
content to the EEE parts plan, both parties agree that the Contractor is
due an equitable adjustment, to the extent that the Contractor can
substantiate the cost impact of the Government's change(s). Such
equitable adjustment will be a negotiated settlement.

**H.40 ARIS RACK ISOLATION SYSTEM INCORPORATION INTO THE JEM/APM**

The parties agree the 12 ISPR locations in the US laboratory, which
excludes the nadir window location, shall meet the requirements of
system specification SSP 41000, paragraphs 3.2.1.1.4.1.a and
3.2.1.1.4.1.b. The parties also agree that none of the ISPR locations in
the Centrifuge accommodations Module need to meet the requirements in
paragraph 3.2.1.1.4.1. As a result of the incorporation of the ARIS into
the JEM Pressurized Module and the Columbus Module, the parties agree
that the remaining four locations in the JEM and Columbus Modules are to
fulfill the remainder of the "fifty percent of the internal payload
locations" requirement in paragraph 3.2.1.1.4.1 and do not need to meet
the requirements of 3.2.1.1.4.1.a and 3.2.1.1.4.1.b at the same
locations.

**H.41 ACTIVE RACK ISOLATION SYSTEM (ARIS) - to - MINI PRESSURIZED\
LOGISTICS MODULE (MPLM) INTERFACE**

The parties agree that the pricing arrangement agreement of June 8, 1996
is based on the ARIS - to - MPLM interface requirements consistent with
the ARIS engineering released as of July 10, 1996, including the
isolation plate envelope defined by Preliminary Interface Revision
Notice (PIRN) 41017-NA-0009, dated May 14, 1996, written against
International Standard Payload Rack (ISPR) -to-MPLM Interface Control
Document (ICD) SSP 41017. Any change on the MPLM side of the interface
which generates a change in the ARIS engineering released as of July 10,
1006 or in PIRN 41017-NA-0009, dated May 14, 1996, is a Class I change
to this contract.

H-19

> NAS15-10000

MOD 912 (S/A)

**H.42 RELIEF FROM CENTRIFUGE ACCOMMMODATIONS MODULE (CAM)**

**AND RS-FGB VOLUME ALLOCATION REQUIREMENTS**

The CAM internal user payload volume requirement of 264.5 cubic feet as
included in SSP 41000, paragraph 3.2.2.2 and the CAM stowage volume
requirement of 324 cubic feet as included in SSP 41000, paragraph
3.2.2.8 and Table XI-A, and SSP 41162, Table XVIII-B are out of the
scope of this contract.

The RS-FGB internal user payload volume requirement of 212 cubic feet as
included SSP 41000, paragraph 3.2.2.8 and Table XI-A is out of the scope
of this contract.

**H.43 CERTIFICATES OF FLIGHT READINESS (CoFRs)**

The parties shall execute Certificates of Flight Readiness (CoFRs). The
intent of the signature is to reflect satisfactory completion of
particular contract efforts. The parties agree that the signing of
Certificates of Flight Readiness (CoFRs) by Contractor and subcontractor
personnel participating in the International Space Station (ISS) Program
shall not give rise to any obligations or liabilities under this
contract which are in addition to those which Boeing has assumed under
other terms and conditions hereof. In particular, Contractor and its
subcontractors do not assume (1) any liability or responsibility for
express, or implied warranties of any type not otherwise provided in the
contract, or (2) any additional responsibilities under statute, law or
regulation, which they would not have if no certification was requested
or provided.

**H.44 MSS SPECIFICATION UPDATE**

As provided in H.29, Special Provision Regarding International
Partners/Participants' Specifications, the parties recognize SSP 41167E,
Canadian Mobile Servicing System (MSS) Segment Specification needs to be
updated to align the MSS specification with SSP 41000, International
Space Station System Specification, and other affected specification(s),
resulting from SSCNs 274, 210, 2102, 2222 and 2728. This provision will
be deleted from the contract, via separate administrative contract
action, upon NASA/CSA signatures on and updated SSP 41167.

(End of Section)

**H.45 EXTERNAL ORU FAILURE PROPAGATION**

ORU failures that would result in the loss of thermal conditioning for
the ORUs listed below are exempted from their respective CEI "Failure
Propagation" requirement only for failures which would cause the loss of
thermal conditioning capability (ORU heaters) during cold thermal
environment operation periods, due to thermal deltas incurred from the
change in orbital inclination form 28.6 to 51.6 degrees.

H-20

NAS15-10000

MODIFICATION 860

  ----------------------- ----------------------- -----------------------
                          **PG-1 External ORUs**  

  **ORU Designation**     **Applicable            **ORU Location**
                          Configuration Item**    

  SSAS BBC S0/S1-1        222200A                 S0

  SSAS BBC S0/S1-2        222200A                 S0

  TUS 1                   222200A                 S0

  TUS 2                   222200A                 S0

  CPDS                    222200A                 S0

  SSAS BBC S0/P1-1        222200A                 S0

  SSAS BBC S0/P1-2        222200A                 S0

  SCU 1                   222200A                 S0

  SCU 2                   222200A                 S0

  SSAS BBC S1-1           222220A                 S1

  SSAS BBC S1-2           222220A                 S1

  ACS Transponder S1      222220A                 S1

  ACS BSP S1              222220A                 S1

  ACRFG S1                222220A                 S1

  Radiator Beam RBVMs     222220A                 S1

  Radiator ORU            222220A                 S1
  Deploy/Retract IMCAs                            

  SSAS BBC P1-1           222260A                 P1

  SSAS BBC P1-2           222260A                 P1

  ACS Transponder P1      222260A                 P1

  ACRFG P1                222260A                 P1

  Radiator Beam RBVMs     222260A                 P1

  Radiator ORU            222260A                 P1
  Deploy/Retract IMCAs                            

  PAS 1 Latch             222240A                 S3

  PAS 2 Latch             222240A                 S3
  ----------------------- ----------------------- -----------------------

  ----------------------- ----------------------- -----------------------
                          **PG-1 External ORUs    
                          Con't**                 

  PAS 1 UMA               222240A                 S3

  PAS 2 UMA               222240A                 S3

  ULCAS 1 Latch           222280A                 P3

  ULCAS 1 UMA             222280A                 P3

  \*Wire Harness/Ext.     222200A, 222220A,       S0, S1, P1, S3, P3, N1
  Luminaires              222260A, 222240A,       
                          222280A, 22160A         

  Wire Harness/EVSUs      222200A                 S0

  Wire Harness/ETVCG      222220A, 222260A,       S1, P1, S3, P3, N1, N2,
                          222240A, 222280A,       USL
                          222160A, 22180A,        
                          683400A, 683200A        
  ----------------------- ----------------------- -----------------------

H-21

NAS15-10000

MODIFICATION 860

  ----------------------- ----------------------- -----------------------
                          **PG-2 External ORUs**  

  ACS Transponder         684CA2A                 Z1 (P1)+

  ACS BFG                 684CA2A                 Z1 (P1)+

  ACS ACRFG               684CA2A                 Z1 (P1)+

  Ku-Band SGTRC           684CA2A                 Z1

  Ku-Band SG Antenna      684CA2A                 Z1
  ----------------------- ----------------------- -----------------------

\*Wire harness failures only.

+These ORUs are relocated to the ITS P1 segment after P1 is flown and
assembled.

**H.46 SPACE STATION CHANGE NUMBER (SSCN) 290 PRICE**

**NEGOTIATION DEFERRAL FOR FLUID LINE REPAIR KIT IMPACTS**

**AND CUPOLA CARRIER INTEGRATION FOR LAUNCH**

a.  Cost impacts and associated fee resulting from the deferral of the
    Fluid Line Repair Kit (FLRK) and Cupola Integration onto a carrier
    for launch were excluded from SSCN 290 negotiations and the
    resulting contract modification. The parties agree that schedule and
    all other terms and conditions are adjusted in this modification
    335, with the exception of those specific exemptions noted below in
    paragraphs b and c.

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b.  CCO 518 authorized the deletion of the permanent portion of the FLRK
    (SSCN 1090). In addition to the deletion of the permanent portion,
    S/A 614 authorized the deletion of the Anchor Patch Torque Tool
    (APTT) from the temporary portion. The changes to the fluid line
    pressure requirements on the development of the FLRK documented in
    SSCN 169 and the schedule change for FLRK defined in SSCN 290
    remains in effect as applicable to the temporary portion only. The
    parties agree that the resolution of the cost impacts and associated
    fee from the technical changes identified in SSCN 169 and the
    schedule changes identified in SSCN 290, to the extent they affect
    the temporary portion of the FLRK, will be resolved via a future
    SSCN. Pending issuance of said future SSCN, the temporary portion of
    the FLRK is designed to the pre-SSCN 169 technical baseline. Upon
    resolution of this issue on the deletion of the temporary portion of
    the FLRK, paragraphs a and b of this contract clause shall be
    deleted or modified accordingly.

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c.  Integration of the Cupola onto the Node was a requirement of the
    basic contract. SSCN 290 deferred the Cupola to a later date; Boeing
    proposed to accommodate the Cupola deferral by integrating the
    Cupola onto the Unpressurized Logistics Carrier (ULC). Since the ULC
    is currently on a Stop Work Order and other carrier possibilities
    are under review, the price impact associated with deletion of the
    integration of the Cupola onto the Node and the revised Cupola
    schedule performance period was negotiated under this agreement. As
    a result, the Cupola and Manual Berthing Mechanism (MBM) will be
    delivered to NASA as prescribed in the Deliverable Items List (DIL)
    with no carrier for launch to orbit. Any future requirement for the
    contractor to integrate the Cupola/MBM on a carrier, or any carrier
    interface requirements beyond those currently defined for the Node,
    shall be directed under a future SSCN and subject to a cost and
    associated fee adjustment pursuant to the changes clause in this
    contract. Upon resolution of this issue, paragraph c of this
    contract clause shall be deleted. Contractor activity shall assume
    that a Manual Berthing Mechanism (MBM-1) is to be considered as the
    interface for the Cupola launch carrier and the MBM to Space Lab
    Pallet (SLP) interface loads for launch loads analysis until a
    future change defines the Cupola carrier to be launched on Flight
    14A.

H-22

NAS15-10000

MODIFICATION 860

**H.47 RESERVED**

**H.48 NODE 2 IMPLEMENTATION EXCLUSION**

The parties agree to exclude Node 2 implementation from the changes
identified by reference to Space Station Change Nos. (SSCN) 258, 320 and
324. The negotiated adjustments in contract price and terms affected by
the above-described changes exclude consideration of Node 2
implementation. This agreement is based on the Government's decision to
procure Node 2 from an alternate source. Pending definitization of the
Node 2 procurement decision, the Government recognizes the Contractor's
entitlement to equitable adjustment of the contract terms affected by
implementation of SSCNs 258, 320 and 324 on Node 2.

**H.49 ACCOUNTING FOR ENVIRONMENTAL TAXES**

A reduction of \$2,322,200 to the billable/reimbursable contract costs
will be made at a below the line calculation, thus not impacting the
contract targets, award fee or obligated funds. This reduction is the
result of a settlement reached on a CAS 405 issue between the DCMC CACO
and The Boeing Company on environmental taxes. The CAS 405 settlement
used this contract as means of receiving payment from The Boeing Company
for unallowable costs previously billed to and paid by the Government.

**H.50 GRCI Commercialization**

The Contracting Officer has granted permission to establish claim to
copyright, publish and release to others, the computer programs
developed under Contract NASW-615 and NAS9-19610 as "Paths Data System
(PDS)" and subsequently enhanced by GRC and renamed "MultiLinx," and the
computer program developments and enhancements to MultiLinx Version 1.2,
which are first produced in performance of Boeing subcontract number
HS1354 and Boeing contract number NAS15-10000 and subject to the
following conditions:

1.  GRCI agrees to use its best efforts to commercially market and
    distribute the computer software including supporting and updating
    services;

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2.  GRCI shall affix the copyright notice of 17 U.S.C. 401 to the
    computer software when it is delivered to the Government and
    released or furnished to third parties;

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3.  NASA reserved a paid-up nonexclusive, irrevocable, worldwide license
    to reproduce, prepare derivative works, perform publicly and display
    publicly by or on behalf of the U. S. Government all such
    copyrighted computer software;

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4.  In the event GRCI has not, or is not, making the efforts or achieved
    the objectives set forth in paragraph (1) above, NASA reserves the
    right to obtain assignment of the copyright(s) in order to foster
    the desired commercialization efforts;

H-23

NAS15-10000

MODIFICATION 860

5.  GRCI agrees to deliver without charge copies of any updated or
    enhanced versions of the software covered by the permission herein
    granted which are generated by GRCI internally within a period of 3
    years after completion of the Boeing subcontract. If GRCI desires
    such updated or enhanced versions may be delivered with restrictions
    on use by NASA and its contractor(s) for NASA internal purposes
    only; and

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6.  The foregoing permission does not affect in any way the
    applicability of the U.S. export control laws and regulations on any
    use and release of such software which GRCI may contemplate under
    this permission.

**H.51 SPECIAL PROVISION FOR EARLY COMMUNICATION (ECOMM)**

The parties agree that incorporation of the Node 1 ECOMM Installation
via Space Change No. (SSCN) 399 will result in non-compliance, at the
Node 1 port and starboard hatches, with the visual access requirement of
System Specification (SSP) 41000F paragraph 3.2.1.1.1.17(b), and the
redundant sealing requirement derived from SSP 41000F paragraph 3.3.6.1.
The Government agrees that verification of system level performance will
be based on the as-designed, "pre-ECOMM" configurations of the Node 1
port and starboard hatches.

The parties further agree that the re-allocation of electrical power and
Extra/Intravehicular Activity (EVA/IVA) Task Time resources required
from installation, removal, and operation of the Node 1 ECOMM
Installation were developed by the Government, and that any degradation
in system level performance attributable to the Government's
reallocation of such resources is the Government's responsibility.

This provision will be rendered inoperable and deleted from the contract
upon installation and functional checkout of the measures required to
restore Node 1 to the as-designed, "pre-ECOMM" configuration.

**H.52 NODE 1 STRUT STRAIN GAUGE OUTFITTING**

There are eight titanium struts in the ISS Node 1. Each of these struts
has a strain gauge circuit that was installed to measure loads in the
struts during installation of the struts into the Node 1. These strain
gauges were planned to be removed before launch. SSCN 987 directs the
contractor to prepare the eight strain gauges for launch and on-orbit
use. These strain gauges were for temporary use only, and were not
intended to meet the requirements of flight rated equipment on the Space
Shuttle or ISS. Therefore the parties agree the contractor will not be
held responsible for ability of the strain gauges to meet the launch and
on-orbit requirements and that the contractor will not be held
responsible for the strain gauge performance.

H-24

NAS15-10000

MODIFICATION 860

**H.53 PERMISSION TO COPYRIGHT SOFTWARE**

On behalf of its subcontractor, Honeywell, Inc., the Contractor has
requested permission to use MDM Application Test Environment (\"MATE\")
software (\"the MATE Software\"), which was first produced under the ISS
contract, in a commercial software product line for \"Mini-MATE\"
hardware developed by Honeywell. The Mini-MATE software shall consist of
the MATE Software, plus additional software developed by Honeywell using
its own funds. This additional software qualifies as Restricted Computer
Software under FAR 52.227-14.

The Contracting Officer hereby grants such request, subject to the
following conditions:

a\. Honeywell agrees to use its best efforts to commercially market and
distribute the Mini-MATE software including supporting and updating
services;

b\. If Honeywell determines to assert copyright protection for the MATE
software, Honeywell shall affix the copyright notice of 17 U.S.C. 401 to
the MATE Software when it is delivered to the Government and released or
furnished to third parties;

c\. If Honeywell establishes claim to copyright to the MATE Software,
NASA shall have a paid-up, nonexclusive, irrevocable, worldwide license
to reproduce, prepare derivative works, and perform publicly and display
publicly on behalf of the Government the MATE Software;

d\. Honeywell agrees to deliver promptly without charge a copy of the
Mini-MATE Software, and of any updated or enhanced versions of the
Mini-MATE Software covered by the permission granted herein which are
generated within a period of three (3) years after the execution of this
modification incorporating this clause into the contract. If Honeywell
desires, such updated or enhanced versions (including Mini-MATE) may be
delivered with restricted rights as set fort in subparagraph (g) (3) of
the "Rights in Data General of FAR 52.227-14; as modified to implement
this agreement; and

e\. The foregoing permission does not affect in any way the
applicability of the U.S. export control laws and regulations on any use
and release of the MATE Software which Honeywell may contemplate under
the permission.

**H.54 EEATCS TEST FACILITY**

There is an agreement between the parties relative to implementation of
the change that can be identified by reference to SSCN 311 (Modify Early
External Active Thermal Control System), that (a) the Government will
provide contractor access and Government furnished equipment and
services required for the Kennedy Space Center Processing Facility
(SSPF) and (b) the immediately preceding agreement constitutes a
"mutually agreeable plan" within the meaning of Contract Provision H.25
Facilities.

H-25

NAS15-10000

MODIFICATION 860

**H.55 RUSSIAN SEGMENT MODE CONTROL**

As provided in H.29, Special Provision Regarding International
Partners/Participants' Specifications, the parties recognize that SSP
41163F, Russian Segment Specification needs to be updated with the
requirements necessary to support the mode control requirements in order
to align the RSS specification with SSP 41000, International Space
Station System Specification, paragraph 3.7.5.3.5.1. The parties agree
that without this update, the Contractor shall not be responsible for
the integrated performance of the Russian Segment with regard to
maintaining station mode. This provision will be deleted from the
contract, via separate administrative contract action, upon NASA and RSA
signatures on the updated SSP 41163 containing the requirements
necessary to support the System Specification Mode control requirements.

**H.56 RUSSIAN SEGMENT USE OF SSP 50094 STANDARDS AS A MEETS**

**OR EXCEEDS TO THE US STANDARDS**

As provided in H.29, Special Provision Regarding International
Partners/participants' Specifications, the parties recognize that there
is a NASA and RSA agreement to use SSP 50094 in place of the documents
invoked by the requirements in ISS System Specification, SSP 41000.
Therefore, the parties agree the Contractor shall not be held
responsible for ensuring that SSP 50094 meets or exceeds the
corresponding SSP 41000 applicable documents. The contractor shall not
be held responsible for the contribution of the Russian Segment to the
integrated performance of the ISS if SSP 50094 does not meet or exceed
the corresponding SSP 41000 applicable documents. This provision will be
deleted from the contract, via separate administrative contract action,
upon the time at which NASA and RSA agree to utilize the applicable
documents as referenced from SSP 41000.

**H.57 ICM CAPABILITY ON FGB**

The parties recognize that the FGB Specification, SSP 50128, Revision C,
contains requirements relating to the Interim Control Module (ICM) which
resulted from approved CR 512. The CR 512 specifically directed the
Contractor to provide direction to KhSC to support the ICM capabilities
but did not allow the Contractor to integrate the ICM functionality into
the ISS nor did it allow the Contractor to perform any impact assessment
to the ISS. The parties agree that the contractor shall not be held
responsible for any technical or verification assessments of FGB's
capabilities to support the ICM, nor shall the Contractor consider the
FGB's capabilities to support the ICM as part of the integrated
performance of the ISS, nor shall the Contractor perform any integrated
analysis of the FGB's capabilities to support ICM. When it is desired by
NASA that the FGB's capabilities to support the ICM are to be considered
as part of the integrated performance and analysis of the ISS, a new
change request will be initiated to update any contracts, specifications
or verification. This provision will be deleted from the contract, via
separate administrative contract action, upon authorized implementation
of this new change.

H-26

NAS15-10000

MODIFICATION 860

**H.58 ISIL CAPITAL EQUIPMENT MAINTENANCE AND OPERATION**

**AGREEMENT**

The Contractor agrees to invest up to \$31.4 million to purchase,
upgrade, and integrate equipment for the purpose of developing the
International Space Station (ISS) System Integration Laboratory (ISIL).
The parties further recognize and agree that any such contractor
expenditures will be capitalized and depreciated in accordance with the
contractor's established cost accounting practices and procedures. Any
property incorporated into the ISIL or transferred to the contractor for
incorporation into the ISIL is subject to the provisions of this clause.

The intent of the parties is to develop a laboratory where high fidelity
subsystem integration, hardware/software interface troubleshooting, and
anomaly investigations can be performed in support of the ISS Program,
as well as other NASA and Boeing programs on a non-interference basis.

The Contractor will maintain records of capital expenditures and items
where title has been transferred to the contractor. All capital items
will be tagged and recorded for tracking purposes only.

NASA agrees to provide all required facilities and utilities for the
installation and operation of the ISIL Laboratory. This includes its
physical location in the Sonny Carter Training Facility (SCTF) in
Houston, Texas. Provision of the facilities, and any facility
modifications required, as well as on-going support, such as utilities
required for operations during, and for the duration of this contract,
is the sole responsibility of the Government (NASA).

NASA will transfer to Boeing title to excess ISS Program property which
is determined to be appropriate for incorporation into the ISIL. The
parties recognize that much, if not all, of the transferred property
will require modification and/or repair. Transfer to Boeing shall
constitute NASA's approval for modification and installation of property
into the ISIL. As equipment is identified for use in the ISIL, up to an
original acquisition value of \$6 million, it will be screened to
re-issue by the Johnson Space Center's Property and Equipment Branch to
determine if it can otherwise re-issued or used within the agency. If no
requests are made for identified assets during screening, the transfer
will be accomplished using an approved DD 1149. Following the transfer,
the equipment will become Boeing company owned property. If the total
original acquisition value of excess property requested for transfer
exceeds \$6 million, transfers will be reviewed on a case by case basis
and will require the written approval of the Contracting Officer. Except
for depreciation of Boeing capital costs expended to modify, install, or
otherwise improve transferred equipment, the value of any equipment
transferred by the Government to Boeing shall not be recognized as an
allowable cost.

Boeing agrees that during the life of the ISS contract or any extension
or follow-on thereto, it shall not transfer, sell or otherwise dispose
of ISIL property to a third party without the written consent of the
NASA Contracting Officer.

Boeing will be responsible for funding the maintenance of all Boeing
owned property, for the period of time said property is required for
operating the ISIL. NASA will be responsible for funding the maintenance
of all NASA owned property, for the period of time said property is
required for operating the ISIL.

H-27

NAS15-10000

MODIFICATION 860

**H.59 OPTION TO PURCHASE THE ISIL LABORATORY**

The parties agree that if the Government does not extend the ISS
contract beyond on-Orbit Performance, December 31, 2003, and does not
there after contract with the contractor for the performance of the
same, or substantially the same services contemplated by this contract,
the contractor will, upon request by

the Contracting officer, transfer title of its capital assets identified
and listed as components of the ISIL Laboratory by the contracting
officer from the records referenced in Clause H.58 ISIL Capital
Equipment Maintenance and Operation Agreement of this contract, to
either (a) the Government, or (b) a successor contractor. It is also
agreed by the parties that the Government may exercise this option to
acquire the contractor's capital assets in the ISIL Laboratory at any
time during the contract period of performance.

If a request for transfer of title to the Government is made, the
Government agrees to recognize as allowable cost under the contract an
equitable adjustment to the contract target cost and price equal to the
remaining un-depreciated balance of Boeing capitalized expenditures
allocated to ISIL assets plus profit equal to 10% of that amount.

If a request for transfer of title to a successor contractor is made,
the Contractor agrees to transfer title of its ISIL capital assets to
the successor contractor for the un-depreciated balance of Boeing
capitalized expenditures allocated to ISIL assets plus profit equal to
10% of that amount, subject to reasonable terms and conditions regarding
payment and other matters to be agreed upon by the parties.

For purposes of determining the value of any equitable adjustment
required to exercise this option, the value of any equipment transferred
by the Government to the contractor shall be limited to the
un-depreciated amount of Boeing capitalized expenditures used to improve
such equipment.

(End of Clause)

**H.60 RESERVED**

**H.61 DELIVERY OF GOVERNMENT FURNISHED EQUIPMENT AND**

**GOVERNMENT FURNISHED DATA**

The items listed in Section J-2 Government Furnished Equipment and
Government Furnished Data, and J-12 International Partner Government
Furnished Equipment and Government Furnished Data, are to be provided to
the contractor for use in accomplishing the work specified under this
contract. The Government acknowledges that the contractor's performance
is predicated on such items being provided in a timely manner (i.e., in
time to avoid an impact to the contractor's performance) and in a
condition suitable for its intended use.

Tracking of need dates, timeliness of delivery, and early identification
of potential impacts shall be accomplished through the GFE/GFD
integration panel. Through this panel the Contractor shall assess
impacts associated with untimely deliveries.

H-28

NAS15-10000

MODIFICATION 860

Nothing construed herein shall prohibit the Contractor from asserting
rights and remedies pursuant to FAR 52.245-5 as incorporated under
Section I.

(End of Clause)

**H.62 IPS and NSTS-21000**

The parties recognize that requirements of NSTS 21000-IDD-ISS Revision
A, including the constraints for the Shuttle Cargo Bay and Middeck, and
Shuttle Remote Manipulator System (SRMS), were not allocated from SSP
41000 (ISS System) to the SSP 41160 (APM), SSP 41164 (MPLM), and SSP
41165 (JEM) Segment Specifications. The parties agree the contractor is
not responsible for negative system performance that is attributable to
the misalignment of NSTS 21000-IDD-ISS Revision A and the APM, MPLM and
JEM Segment Specifications.

**H.63 CREW CAPABILITY TO TERMINATE PROGRESS REBOOST AT FGB**

**NADIR WITHOUT SM PRESENT**

The parties recognize that during a translational/reboost maneuver using
the Progress at FGB Nadir and SM not present, the FGB does not have the
capability to allow crew termination of this maneuver. The Contractor
shall not be responsible for providing this capability during this
configuration. If it is determined that this capability is needed, then
a follow-on change will be processed and this provision will be deleted
from the contract, via separate administrative contract action, upon
NASA, RSA, and KhSC signatures on the updated SSP 50128 containing the
requirements necessary to support crew capability to terminate a
maneuver.

**H.64 ESA EEE PARTS**

The parties recognize that the parts control requirements of Node 2 PIDS
Revision A allow application of European Space Agency inventory which
are qualified and certified to different EEE requirements than are
required by U.S. Segment Specification paragraph 3.3.1.4. The parties
agree that the contractor is not responsible for negative performance at
the element, segment, or system level that is attributable to
application of ESA EEE parts.

# H.65 SPDM COMPATIBLE ORUs

The parties agree that due to lack of agreement with CSA to the revised
SSP 30550, the proposed revisions to SSP 41167, and the revised SSP
42004 requirements as identified in CR 843, and due to NASA\'s direction
to the Contractor to implement CR 843 without CSA agreement, NASA
assumes all responsibility for the integrated performance of the ISS
ORUs with the CSA SPDM and the Contractor will not be able to satisfy
the SPDM to ORU requirements as identified in SSP 41000, paragraphs
3.3.11.4 and 3.7.7.3.7.1.

This provision will be deleted from the contract, via a separate
contract action, after CSA signs CR843 including SSP 30550C, the CR843
requirements are levied in SSP 41167, and SSP 42004 ICD issues
identified in PIRNs 0025D and 0029C are contractually resolved.

H-29

NAS15-10000

MOD 1137 (S/A)

**H.66 AWARD FEE LOOK BACK**

1.  This clause supersedes the previous Clause H.66 of this contract,
    \"EARLY LOOK-BACK INCENTIVES,\' in its entirety.

2.  The Contractor will submit provisional fee vouchers for payment in
    the amount of \$7,000,000 each in the months of July 2002, August
    2002, and September 2002. Provisional payments will be made to the
    Contractor on a monthly basis after receipt of the Contractor\'s
    voucher. After the final on-ground evaluation provided for in Table
    V.B.1 in Attachment J-1 is complete, the final \"look-back\"
    incentive On-Ground Award Fee determination amount will be
    reconciled with the cumulative provisional fee payments made
    hereunder in accordance with the methodology set forth in paragraph
    III.D, Provisional Payments, of Attachment J-1 Award Fee Plan for
    Exhibit A.

**H.67 REQUESTS FOR EQUITABLE ADJUSTMENT**

The following potential requests for equitable adjustment are excluded
from the estimated cost and fee contained task B.1.

1\. S-6 refurbishment

2\. SSCN 1627, MEIT Impact

3\. SSCN 648, SSDI

4\. SSCN 1449, Software Support to International Partners

5\. SSCN 1196, FDIR Worksheets for 5A/6A

**H.68 PROGRAM PROVISIONING FOR I&O**

Tasks identified as Integration and Operations (I&O) in Section C
Statement of Work are subject to Program Provisioning procedures set
forth herein. These tasks will be provisioned on an annual basis, or
more often if necessary, as program priorities change.

To provide for efficient and effective administration, the parties have
structured an Integration and Operations Work Plan (Data Requirement No.
PC022). The work packages will be used to manage the total resources and
requirements necessary to implement the SOW within the authorized
budget. This plan provides specific tasks, schedules, and resource
estimates. Procedures for updating task content within the Integration
and Operations Work Plan are described below:

1\. Initial Integration and Operations (I&O) Baseline: The content and
estimated cost for Program Provisioning work will be jointly developed
by the Government and the Contractor and approved by the Government. The
initial baseline shall contain the currently defined Integration and
Operations tasks in Section C, Statement of Work. The baseline plan will
be adjusted as tasks are reprioritized, work is directed to be deleted
or new work is authorized.

2\. Added/Modified Tasks: When a task is added that is within the
general scope of work, but not currently within the statement of work,
the Contracting Officer will issue written direction in the form of a
Contract Change Order (CCO). When a task that is within the statement of
work is modified, the Contracting Officer or the Contracting Officer's
Technical Representative (COTR) will issue direction pursuant to Article
G.3, Technical Direction. Work package adjustments shall be reviewed
monthly to assess the effect of new tasks, modified tasks, or
reprioritizations and to update the baseline.

H-30

NAS15-10000

MOD 1114 (S/A)

3\. Subsequent Annual Augmentation: Prior to July 1 of each subsequent
contract fiscal year, the Contractor may submit a proposal to reflect
the following:

(a) Additional or deleted work

(b) Recommended staffing adjustments

(c) Impacts of reprioritized work

The Contractor and NASA will negotiate and definitize said proposals and
the cost and fee in Article B.2, Estimated Cost and Fee will be adjusted
accordingly.

1.  Annual Baseline Management: The Contractor will provide performance
    reporting for I&O tasks in accordance with Data Requirement PC021,
    Integration and Operations Reporting. Using the data provided in the
    performance reports, as well as other data which may be provided by
    the Contractor, the contractor and the Government will review work
    that was planned versus work that was accomplished during the year.
    To the extent that actual costs differ from the estimated costs for
    I&O effort, the corresponding adjustment to contract estimated cost
    will be made.

H.69 ASSOCIATE CONTRACTOR AGREEMENT

A.  The Parties recognize that the International Space Station (ISS)
    Propulsion Module (PM) will be built under Contract NAS 15-10000
    which will contain the PM hardware and related Integration effort
    and under Contract NAS 9-20000 which will contain the Space Shuttle
    related PM hardware. Under the aforementioned contracts the
    contractors will develop the ISS PM and related Space Shuttle
    hardware necessary to provide PM capability in order to operate as
    an integrated system.

B.  Given the unique nature of these contracting and subcontracting
    arrangements and the benefits of managing the ISS PM and related
    Space Shuttle hardware as one system, the Parties agree that the two
    prime contractors will cooperatively manage the overall PM system
    effort. This joint cooperation will be evaluated as part of the PM
    award fee process. As defined in the applicable PM fee plan for each
    contract, both award fee and on-orbit performance fee will be
    determined by the Government's assessment of the overall and
    combined performance of the PM effort contained in the two
    contracts. It is anticipated that these fee plans will be in place
    during the award fee period starting 1 April 2000.

C.  To ensure successful completion of the project, the contractors will
    establish formal guidelines in address coordination, cooperation,
    and communication. All program elements must work in a coordinated
    fashion. Each contract will establish the means for the exchange of
    such data as needed to keep other project elements fully informed.

D.  The PM hardware, software, and services that are developed and/or
    provided between the associates contractor(s) solely for the PM
    Program shall be deemed to be Contractor Furnished Property (CFP).

E.  Government Furnished Property (GFP) identified and incorporated as
    attachments in the aforementioned contracts will be subject to the
    Government property provisions contained in the applicable contract
    and shall not be subject to the terms and conditions of this
    provision.

H-31

NAS15-10000

MOD 1017 (S/A)

## 

## H. 70 JSC Hazardous Materials Use 

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

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

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

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

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

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

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

\(6\) Any explosive or any pyrotechnics.

\(7\) Any pesticide.

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

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

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

\(f\) The contractor shall use all hazardous materials properly and take
all necessary precautions to prevent harm to humans or the environment.

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

H-32

NAS15-10000

MOD 1017 (S/A)

(h) The contractor shall be in compliance with the following directives:

```{=html}
<!-- -->
```
(1) JMI 8800.3L Preventing and Reporting Pollution

(2) JMI 8800.4C Hazardous Waste Minimization Program

(3) MI 8837.1L Disposal of Chemical, Toxic, and Hazardous Waste
    Materials

(End of clause)

**H.71 CENTRAL CONTRACTOR REGISTRATION (AUGUST 2000)**

\(a\) *Definitions.* As used in this clause \--\
(1) \"Central Contractor Registration (CCR) database\" means the primary
DoD repository for contractor information required for the conduct of
business with NASA.\
(2) \"Data Universal Number System (DUNS) number\" means the 9-digit
number assigned by Dun and Bradstreet Information Services to identify
unique business entities.\
(3) \"Data Universal Numbering System +4 (DUNS+4) number\" means the
DUNS number assigned by Dun and Bradstreet plus a 4-digit suffix that
may be assigned by a parent (controlling) business concern. This 4-digit
suffix may be assigned at the discretion of the parent business concern
for such purposes as identifying sub-units or affiliates of the parent
business concern.\
(4) \"Commercial Government and Entity Code (CAGE Code)\" means -\
(i) A code assigned by the Defense Logistics Information Service (DLIS)
to identify a commercial or Government entity; or\
(ii) A code assigned by a member of the North Atlantic Treaty
Organization (NATO) that is recorded and maintained by DLIS in the CAGE
master file.\
(5) \"Registered in the CCR database\" means that all mandatory
information, including the DUNS number or the DUNS+4 number, if
applicable, and the corresponding CAGE code, is in the CCR database; the
DUNS number and the CAGE code have been validated; and all edits have
been successfully completed.

\(b\) (1) By submission of an offer, the offeror acknowledges the
requirement that a prospective awardee must be registered in the CCR
database prior to award, during performance, and through final payment
of any contract resulting from this solicitation, except for awards to
foreign vendors performing work outside of the United States.\
(2) The Contracting Officer will verify that the offeror is registered
in the CCR database.\
(3) Lack of registration in the CCR database will make an offeror
ineligible for award after March 31, 2001.\
(4) DoD has established a goal of registering an applicant in the CCR
database within 48\
hours after receipt of a complete and accurate application via the
Internet. However, registration of an applicant submitting an
application through a method other than the Internet may take up to 30
days. Therefore, offerors that are not registered should consider
applying for registration immediately upon receipt of this
solicitation.\
(c) The Contractor is responsible for the accuracy and completeness of
the data within the CCR, and for any liability resulting from the
Government's reliance on inaccurate or incomplete data. To remain
registered in the CCR database after the initial registration, the
Contractor is required to confirm on an annual basis that its
information in the CCR database is accurate and complete.\
(d) Offerors and contractors may obtain information on registration and
annual confirmation requirements via the Internet at
[\<http://www.ccr2000.com\>]{.underline} or by calling 888-CCR-2423
(888-227-2423).

(End of clause)

H-33

NAS15-10000

Mod 1120 (S/A)

# H. 72 DELIVERABLES AFTER CONTRACT PERIOD OF PERFORMANCE

A.  The parties agree that certain effort specified in paragraph C below
    involving long lead items must be initiated during the current
    contract for delivery sometime after December 2003. The cost and fee
    for program support or infrastructure have not been negotiated for
    such effort beyond December 2003.

B.  In the event the Boeing Company is selected for the ISS follow-on
    contract, the effort specified in paragraph C will be transferred to
    the follow-on contract, and cost and fee for program support and
    infrastructure will be negotiated as part of the follow-on contract.
    In the event the Boeing Company is not selected for the ISS
    follow-on contract, the remaining effort specified in paragraph C
    will be transferred via a novation agreement to the successor
    contractor. The Boeing Company hereby agrees to execute a novation
    agreement between itself, the successor contractor, and the
    Government. The Boeing Company further agrees that deletion of the
    effort specified in paragraph C from this contract and novation to a
    successor contract (or transfer to a follow-on contract) shall not
    be considered a partial termination of this contract.

C.  The following effort will require deliveries beyond the current
    completion date of the contract:

+-----+------------+---------------------------------+-----------------+
| *   | **PIO or   | **Description**                 | **Completion    |
| *MO | SSCN**     |                                 | Date**          |
| D** |            |                                 |                 |
+-----+------------+---------------------------------+-----------------+
|     |            |                                 |                 |
+-----+------------+---------------------------------+-----------------+
| 1   | PIO 58     | Spare Battery ORUs              | \(7\) December  |
| 018 |            |                                 | 2004            |
|     |            | P/N RE1804-07, 14 each          |                 |
|     |            |                                 | \(7\) December  |
|     |            |                                 | 2005            |
+-----+------------+---------------------------------+-----------------+
|     |            |                                 |                 |
+-----+------------+---------------------------------+-----------------+
| 1   | SSCN 5778  | S-Band Signal Processor upgrade |                 |
| 108 |            | to a                            |                 |
|     |            |                                 |                 |
|     |            | Triple Data Encryption System   |                 |
|     |            | (3 DES)                         |                 |
+-----+------------+---------------------------------+-----------------+
|     |            |                                 |                 |
+-----+------------+---------------------------------+-----------------+
| 1   | PIO 14B    | Bearing Assembly,               | January 29,     |
| 120 |            |                                 | 2004            |
|     |            | P/N SV818772-1, 10 each         |                 |
+-----+------------+---------------------------------+-----------------+
|     | PIO 14B    | Bearing, Inlet Thrust Set       | January 29,     |
|     |            |                                 | 2004            |
|     |            | P/N SV818776-2, 2 each          |                 |
+-----+------------+---------------------------------+-----------------+
|     | PIO 14B    | Bearing, Inlet Thrust Set       | January 29,     |
|     |            |                                 | 2004            |
|     |            | P/N SV 818777-2, 2 each         |                 |
+-----+------------+---------------------------------+-----------------+
|     | PIO 14B    | Fan, Circulating                | April 26, 2004  |
|     |            |                                 |                 |
|     |            | P/N SV812743-3, 3 each          |                 |
+-----+------------+---------------------------------+-----------------+
|     | PIO 14B    | Circuit Card Assembly           | September 1,    |
|     |            |                                 | 2004            |
|     |            | P/N SV817609-5, 10 each         |                 |
+-----+------------+---------------------------------+-----------------+
|     | PIO 14B    | Circuit Card Assembly           | September 1,    |
|     |            |                                 | 2004            |
|     |            | P/N SV 817637-1, 10 each        |                 |
+-----+------------+---------------------------------+-----------------+
|     | PIO 23B    | Controller, Embedded            | May 30, 2004    |
|     |            |                                 |                 |
|     |            | P/N 2354532-1-1, 1 each         |                 |
+-----+------------+---------------------------------+-----------------+

> H-34

NAS15-10000

MOD 1114 (S/A)

**H.73 Post-Production Support (PPS) Orbital Replacement Unit (ORU)
Repair/Scheduled Maintenance, Replenishment Parts, and Transition
Subcontracts Costs**

An estimated cost of \$15,507,000 is provided for a materials pool for
ORU repair, replenishment parts, and transition for FY02. The pool will
be utilized for:

1.  Piece parts or low dollar (less than \$200K per item) ORU
    replenishments: These include piece parts in support of repairs or
    scheduled maintenance, or where it's more cost effective to procure
    another ORU rather than the repair and parts costs of repairing the
    existing ORU. These procurements will be authorized by a PPS
    Materials Pool Authorization Form (MPAF) approved by the NASA PPS
    Technical Manager and the Contracting Officer.

2.  Transitioning subcontracts for ORU repair, refurbishment and
    scheduled maintenance: These include subcontracts with Original
    Equipment Manufacturers (OEMs) and repair depots to transition
    repair support from a specific vendor to a NASA depot. The
    Contractor shall enter into a subcontract with the OEM to provide
    support that may include the transfer of repair knowledge from the
    OEM to the depot through training and technical support, and
    transfer of the maintenance support equipment (MSE). The Contractor
    shall enter into a subcontract with the depot to develop repair
    manuals, install MSE, and perform the certification activities.
    These subcontracts will be authorized by an MPAF approved by the PPS
    Technical Manager and the Contracting Officer.

3.  Subcontracts in support of actual ORU repairs, refurbishment, or
    scheduled maintenance: These are the subcontracts which authorize
    the OEMs and depots to actually perform the repair and/or scheduled
    maintenance on the ORUs. These subcontracts will be authorized by an
    MPAF approved by the PPS Technical Manager and the Contracting
    Officer.

4.  Review and prepare residual assets for continuing use by the Space
    Station Program. This includes ensuring hardware credentials are
    maintained or created and hardware is package and shipped for long
    term storage or use at the depots.

The estimated cost of this pool will be increased on an as-needed basis.
The contractor shall track and report all cost status information in
accordance with **PC27**, entitled "Contractor Financial Management
Report (533M)". The contractor shall submit a price proposal to
replenish this pool for follow-on fiscal years in July of each year.

In the event the contractor forecasting shows that the costs incurred
under this pool will exceed the negotiated amount prior to the end of
the year, the contractor shall submit a proposal no later than 30 days
prior to the date costs are expected to exceed the negotiated amount.

H-35