PART 1852

**SOLICITATION PROVISIONS AND CONTRACT CLAUSES**

**TABLE OF CONTENTS**

1852.000 Scope of part.

**SUBPART
[1852.1](http://www.hq.nasa.gov/office/procurement/regs/5200-11.doc#52_1)
INSTRUCTIONS FOR USING PROVISIONS AND**

**CLAUSES**

1852.101 Using Part 52.

1852.103 Identification of provisions and clauses.

1852.103-70 Identification of modified provisions and clauses.

1852.104 Procedures for modifying and completing provisions and
  clauses.

**SUBPART
[1852.2](http://www.hq.nasa.gov/office/procurement/regs/5200-11.doc#52_2)
TEXTS OF PROVISIONS AND CLAUSES**

1852.203-70 Display of Inspector General Hotline Posters.

1852.204-75 Security Classification Requirements.

1852.204-76 Security Requirements for Unclassified Information

Technology Resources.

[1852.208-81](http://www.hq.nasa.gov/office/procurement/regs/5200-11.doc#52_208-81)
Restrictions on Printing and Duplicating.

1852.209-70 Product Removal from Qualified Products List.

1852.209-71 Limitation of Future Contracting.

1852.209-72 Composition of the Contractor.

[1852.211-70](http://www.hq.nasa.gov/office/procurement/regs/5200-11.doc#52_211-70)
Packaging, Handling, and Transportation.

1852.213-70 Offeror Representations and Certifications--Other Than

Commercial Items.

1852.213-71 Evaluation---Other Than Commercial Items.

1852.214-70 Caution to Offerors Furnishing Descriptive Literature.

1852.214-71 Grouping for Aggregate Award.

1852.214-72 Full Quantities.

1852.215-77 Preproposal/Pre-bid Conference.

1852.215-78 Make or Buy Program Requirements.

1852.215-79 Price Adjustment for \"Make-or-Buy\" Changes.

1852.215-81 Proposal Page Limitations.

1852.215-84 Ombudsman.

1852.216-73 Estimated Cost and Cost Sharing.

1852.216-74 Estimated Cost and Fixed Fee.

1852.216-75 Payment of Fixed Fee.

1852.216-76 Award Fee for Service Contracts.

1852.216-77 Award Fee for End Item Contracts.

1852.216-78 Firm Fixed Price.

1852.216-80 Task Ordering Procedure.

1852.216-81 Estimated Cost.

1852.216-83 Fixed Price Incentive.

1852.216-84 Estimated Cost and Incentive Fee.

1852.216-85 Estimated Cost and Award Fee.

1852.216-87 Submission of Vouchers for Payment.

1852.216-88 Performance Incentive.

1852.216-89 Assignment and Release Forms.

1852.217-70 Property Administration and Reporting.

1852.217-71 Phased Procurement Using Down-Selection Procedures.

1852.217-72 Phased Procurement Using Progressive Competition Down-

Selection Procedures.

1852.219-73 Small Business Subcontracting Plan.

1852.219-74 Use of Rural Area Small Businesses.

1852.219-75 Small Business Subcontracting Reporting.

1852.219-76 NASA 8 Percent Goal.

1852.219-77 NASA Mentor-Protégé Program.

1852.219-79 Mentor Requirements and Evaluation.

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

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

1852.219-82 Limitation on Subcontracting -- STTR Program.

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

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

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

1852.223-70 Safety and Health.

1852.223-71 Frequency Authorization.

1852.223-72 Safety and Health (Short Form).

1852.223-73 Safety and Health Plan.

1852.223-74 Drug- and Alcohol-Free Workforce.

1852.223-75 Major Breach of Safety or Security.

1852.223-76 Federal Automotive Statistical Tool Reporting.

1852.225-8 Duty-Free Entry of Space Articles.

1852.225-70 Export Licenses.

1852.227-11 Patent Rights\--Retention by the Contractor (Short Form).

1852.227-14 Rights in Data\--General.

1852.227-17 Rights in Data\--Special Works.

1852.227-19 Commercial Computer Software\--Restricted Rights.

1852.227-70 New Technology.

1852.227-71 Requests for Waiver of Rights to Inventions.

1852.227-72 Designation of New Technology Representative and Patent

>   Representative.

1852.227-84 Patent Rights Clauses.

1852.227-85 Invention Reporting and Rights\--Foreign.

1852.227-86 Commercial Computer Software\--Licensing.

1852.228-70 Aircraft Ground and Flight Risk.

1852.228-71 Aircraft Flight Risks.

1852.228-72 Cross-Waiver of Liability for Space Shuttle Services.

1852.228-73 Bid Bond.

1852.228-75 Minimum Insurance Coverage.

1852.228-76 Cross-Waiver of Liability for Space Station Activities.

1852.228-78 Cross-Waiver of Liability for NASA Expendable Launch Vehicle
Launches.

1852.228-80 Insurance --- Immunity From Tort Liability.

1852.228-81 Insurance --- Partial Immunity From Tort Liability.

1852.228-82 Insurance --- Total Immunity From Tort Liability.

1852.231-70 Precontract Costs.

1852.231-71 Determination of Compensation Reasonableness.

1852.232-70 NASA Modification of FAR 52.232-12.

1852.232-77 Limitation of Funds (Fixed-Price Contract).

1852.232-79 Payment for On-Site Preparatory Costs.

1852.232-81 Contract Funding.

1852.232-82 Submission of Requests for Progress Payments.

1852.233-70 Protests to NASA.

1852.234-1 Notice of Earned Value Management System.

1852.234-2 Earned Value Management System.

1852.235-70 Center for AeroSpace Information Technical Reports.

1852.235-71 Key Personnel and Facilities.

1852.235-72 Instructions for Responding to NASA Research Announcements.

1852.235-73 Final Scientific and Technical Reports.

1852.235-74 Additional Reports of Work \-- Research and Development.

1852.236-71 Additive or Deductive Items.

1852.236-72 Bids with Unit Prices.

1852.236-73 Hurricane Plan.

1852.236-74 Magnitude of Requirement.

1852.236-75 Partnering for Construction Contracts.

1852.237-70 Emergency Evacuation Procedures.

1852.237-71 Pension Portability.

1852.237-72 Access to Sensitive Information.

1852.237-73 Release of Sensitive Information.

1852.239-70 Alternate Delivery Points.

1852.241-70 Renewal of Contract.

1852.242-70 Technical Direction.

1852.242-71 Travel Outside of the United States.

1852.242-72 Observance of Legal Holidays.

1852.242-73 NASA Contractor Financial Management Reporting.

1852.242-78 Emergency Medical Services and Evacuation.

1852.243-70 Engineering Change Proposals.

1852.243-71 Shared Savings.

1852.243-72 Equitable Adjustments.

1852.244-70 Geographic Participation in the Aerospace Program.

1852.245-70 Contractor Requests for Government-Owned Equipment.

1852.245-71 Installation-Accountable Government Property.

1852.245-72 Liability for Government Property Furnished for Repair or

>   Other Services.

1852.245-73 Financial Reporting of NASA Property in the Custody of
Contractors.

1852.245-74 Contractor Accountable On-Site Government Property.

1852.245-75 Title to Equipment.

1852.245-76 List of Government-Furnished Property.

1852.245-77 List of Installation-Accountable Property and Services.

1852.245-79 Use of Government-Owned Property.

1852.245-80 Use of Government Production and Research Property on a
No-Charge Basis.

1852.246-70 Mission Critical Space System Personnel Reliability  

Program.

1852.246-71 Government Contract Quality Assurance.

1852.246-72 Material Inspection and Receiving Report.

1852.246-73 Human Space Flight Item.

1852.247-71 Protection of the Florida Manatee.

1852.247-72 Advance Notice of Shipment.

1852.247-73 Bills of Lading.

1852.249-72 Termination (Utilities).

**SUBPART
[1852.3](http://www.hq.nasa.gov/office/procurement/regs/5200-11.doc#52_3)
PROVISION AND CLAUSE MATRIX**

1852.300 Scope of Subpart.

1852.301 Solicitation Provisions and Contract Clauses (Matrix).

**PART 1852**

**SOLICITATION PROVISIONS AND CONTRACT CLAUSES**

**1852.000 Scope of part.**

This part, in conjunction with [**FAR Part
52**](http://www.acquisition.gov/comp/far/current/html/FART0CP52.html#wp340130),
(a) sets forth the provisions and clauses prescribed in the NFS, (b)
gives instructions for their use, and (c) presents a matrix listing the
provisions and clauses applicable to each principal contract type and/or
purpose (e.g., fixed-price supply, cost-reimbursement research and
development).

**Subpart 1852.1\--Instructions for Using Provisions and Clauses**

**1852.101 Using Part 52.**

(b)(2)(i)(B) NASA contracting offices prescribing or developing clauses
shall ensure that the requirements of Subpart 1801.3 are met.

(e)(1) The NFS matrix in Subpart 1852.3 is formatted similarly to that
in the FAR. The first page of the NFS matrix contains a key to column
headings, a dollar threshold chart, and requirement symbols. To fully
determine the applicability of a provision or clause in the
\"required-when-applicable\" and \"optional\" categories, Contracting
Officers shall refer to the NFS text (cited in the matrix) that
prescribes its use.

\(4\) The NFS matrix may be reproduced by field installations for the
purpose of supplementing it with installation-developed provisions and
clauses.

**1852.103 Identification of provisions and clauses.**

\(b\) Provisions and clauses prescribed by a field installation to
satisfy its needs shall be identified as stated in paragraphs (b)(i) and
(ii) of this section. Articles, formats, and similar language shall be
treated as provisions and clauses for purposes of this section 1852.103.

**(i)** A provision or clause shall be numbered using a prefix, a base,
and a suffix. The prefix shall be an alphabetical abbreviation of the
installation name (e.g., ARC, DFRC, GRC, GSFC, JSC, KSC, LARC, MSFC,
SSC, or SSPO). The base shall be a numeric value beginning with
\"52.2,\" with the next two digits corresponding to the number of the
FAR or NFS subject part to which the provision or clause relates. The
suffix shall be a hyphen and sequential number assigned within each
part. NASA installations shall use suffix numbers from -90 to -199. For
example, the first Johnson Space Center (JSC) provision or clause
relating to Part 36 of the FAR or NFS shall be JSC 52.236-90, the second
JSC 52.236-91, and so forth. Provisions and clauses shall be dated in
accordance with [**FAR
52.101(f).**](http://www.acquisition.gov/comp/far/current/html/52_000_107.html#wp1114135)

**(ii)** Contracting officers shall identify provisions and clauses as
in the following examples:

**(A)** *I.2 **BID ENVELOPES (GSFC 52.214-90) (AUGUST 1987)*** This
example is applicable when identifying the title of provisions and
clauses in solicitations and contracts using the uniform contract format
(UCF). The first number (\"I.2\") designates the UCF section and the
sequential clause within that section. \"GSFC 52.214-90\" specifies the
clause number.

**(B)** ***GSFC 52.214-90\--Bid Envelopes (AUGUST 1987)*** This example
is applicable in all instances in which the provision or clause citation
is not associated with the UCF number.

\(c\) Contracting officers shall not number provisions and clauses
developed for individual acquisitions only. For example, \"F.3 Delivery
Procedures for Special Hardware\" cites the third clause in Section F of
a contract using the UCF, but has no clause number or date identified
with it, indicating that the clause was developed for the particular
contract it appears in.

**1852.103-70 Identification of modified provisions and clauses.**

When a FAR clause or provision is included in a solicitation or contract
and the NFS prescribes a modification, the title line shall identify the
modification as shown below. This format shall be used both for
incorporation by reference and when using full text.

\"52.232-28 Electronic Funds Transfer Payment Methods (APR 1989)\--as
modified by NASA FAR Supplement 1832.908(a)\"

**1852.104 Procedures for modifying and completing provisions and
clauses.**

NFS provisions and clauses shall not be modified unless authorized by
the NFS. When authorized, contracting officers must comply with the
procedures in [**FAR
52.104**](http://www.acquisition.gov/comp/far/current/html/52_000_107.html#wp1114161).

**Subpart 1852.2\--Text of Provisions and Clauses**

**1852.203-70 Display of Inspector General Hotline Posters.**

As prescribed in 1803.7001, insert the following clause:

**DISPLAY OF INSPECTOR GENERAL HOTLINE POSTERS**

**(JUNE 2001)**

\(a\) The Contractor shall display prominently in common work areas
within business segments performing work under this contract, Inspector
General Hotline Posters available under paragraph (b) of this clause.

\(b\) Inspector General Hotline Posters may be obtained from NASA Office
of Inspector General, Code W, Washington, DC, 20546-0001, (202)
358-1220.

**(End of clause)**

**1852.204-75 Security Classification Requirements.**

As prescribed in 1804.404-70, insert the following clause:

**SECURITY** **CLASSIFICATION REQUIREMENTS**

**(SEPTEMBER 1989)**

Performance under this contract will involve access to and/or generation
of classified information, work in a security area, or both, up to the
level of [                           ]{.underline} \[insert the
applicable security clearance level\]. See Federal Acquisition
Regulation clause
[**52.204-2**](http://www.arnet.gov/far/current/html/52_200_206.html#1046680)
in this contract and DD Form 254, Contract Security Classification
Specification, Attachment [     ]{.underline} \[Insert the attachment
number of the DD Form 254\].

**(End of clause)**

**1852.204-76 Security Requirements for Unclassified Information
Technology Resources.**

As prescribed in 1804.470-4(a), insert the following clause:

**SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY
RESOURCES**

**(MAY 2007)**

\(a\) The Contractor shall be responsible for information and
information technology (IT) security when --

\(1\) The Contractor or its subcontractors must obtain physical or
electronic (i.e., authentication level 2 and above as defined in
National Institute of Standards and Technology (NIST) Special
Publication (SP) 800-63, Electronic Authentication Guideline) access to
NASA\'s computer systems, networks, or IT infrastructure; or

\(2\) Information categorized as low, moderate, or high by the Federal
Information Processing Standards (FIPS) 199, Standards for Security
Categorization of Federal Information and Information Systems is stored,
generated, processed, or exchanged by NASA or on behalf of NASA by a
contractor or subcontractor, regardless of whether the information
resides on a NASA or a contractor/subcontractor's information system.

\(b\) IT Security Requirements.

\(1\) Within 30 days after contract award, a Contractor shall submit to
the Contracting Officer for NASA approval an IT Security Plan, Risk
Assessment, and FIPS 199, Standards for Security Categorization of
Federal Information and Information Systems, Assessment. These plans and
assessments, including annual updates shall be incorporated into the
contract as compliance documents.

\(i\) The IT system security plan shall be prepared consistent, in form
and content, with NIST SP 800-18, Guide for Developing Security Plans
for Federal Information Systems, and any additions/augmentations
described in NASA Procedural Requirements (NPR) 2810, Security of
Information Technology. The security plan shall identify and document
appropriate IT security controls consistent with the sensitivity of the
information and the requirements of Federal Information Processing
Standards (FIPS) 200, Recommended Security Controls for Federal
Information Systems. The plan shall be reviewed and updated in
accordance with NIST SP 800-26, Security Self-Assessment Guide for
Information Technology Systems, and FIPS 200, on a yearly basis.

\(ii\) The risk assessment shall be prepared consistent, in form and
content, with NIST SP 800-30, Risk Management Guide for Information
Technology Systems, and any additions/augmentations described in NPR
2810. The risk assessment shall be updated on a yearly basis.

\(iii\) The FIPS 199 assessment shall identify all information types as
well as the "high water mark," as defined in FIPS 199, of the processed,
stored, or transmitted information necessary to fulfill the contractual
requirements.

\(2\) The Contractor shall produce contingency plans consistent, in form
and content, with NIST SP 800-34, Contingency Planning Guide for
Information Technology Systems, and any additions/augmentations
described in NPR 2810. The Contractor shall perform yearly "Classroom
Exercises." "Functional Exercises," shall be coordinated with the Center
CIOs and be conducted once every three years, with the first conducted
within the first two years of contract award. These exercises are
defined and described in NIST SP 800-34.

\(3\) The Contractor shall ensure coordination of its incident response
team with the NASA Incident Response Center (NASIRC) and the NASA
Security Operations Center, ensuring that incidents are reported
consistent with NIST SP 800-61, Computer Security Incident Reporting
Guide, and the United States Computer Emergency Readiness Team's
(US-CERT) Concept of Operations for reporting security incidents.
Specifically, any confirmed incident of a system containing NASA data or
controlling NASA assets shall be reported to NASIRC within one hour that
results in unauthorized access, loss or modification of NASA data, or
denial of service affecting the availability of NASA data.

\(4\) The Contractor shall ensure that its employees, in performance of
the contract, receive annual IT security training in NASA IT Security
policies, procedures, computer ethics, and best practices in accordance
with NPR 2810 requirements. The Contractor may use web-based training
available from NASA to meet this requirement.

\(5\) The Contractor shall provide NASA, including the NASA Office of
Inspector General, access to the Contractor's and subcontractors'
facilities, installations, operations, documentation, databases, and
personnel used in performance of the contract. Access shall be provided
to the extent required to carry out IT security inspection,
investigation, and/or audits to safeguard against threats and hazards to
the integrity, availability, and confidentiality of NASA information or
to the function of computer systems operated on behalf of NASA, and to
preserve evidence of computer crime. To facilitate mandatory reviews,
the Contractor shall ensure appropriate compartmentalization of NASA
information, stored and/or processed, either by information systems in
direct support of the contract or that are incidental to the contract.

\(6\) The Contractor shall ensure that system administrators who perform
tasks that have a material impact on IT security and operations
demonstrate knowledge appropriate to those tasks. Knowledge is
demonstrated through the NASA System Administrator Security
Certification Program. A system administrator is one who provides IT
services (including network services, file storage, and/or web services)
to someone other than themselves and takes or assumes the responsibility
for the security and administrative controls of that service. Within 30
days after contract award, the Contractor shall provide to the
Contracting Officer a list of all system administrator positions and
personnel filling those positions, along with a schedule that ensures
certification of all personnel within 90 days after contract award.
Additionally, the Contractor should report all personnel changes which
impact system administrator positions within 5 days of the personnel
change and ensure these individuals obtain System Administrator
certification within 90 days after the change.

\(7\) The Contractor shall ensure that NASA's Sensitive But Unclassified
(SBU) information as defined in NPR 1600.1, NASA Security Program
Procedural Requirements, which includes privacy information, is
encrypted in storage and transmission.

\(8\) When the Contractor is located at a NASA Center or installation or
is using NASA IP address space, the Contractor shall \--

\(i\) Submit requests for non-NASA provided external Internet
connections to the Contracting Officer for approval by the Network
Security Configuration Control Board (NSCCB);

\(ii\) Comply with the NASA CIO metrics including patch management,
operating systems and application configuration guidelines,
vulnerability scanning, incident reporting, system administrator
certification, and security training; and

\(iii\) Utilize the NASA Public Key Infrastructure (PKI) for all
encrypted communication or non-repudiation requirements within NASA when
secure email capability is required.

\(c\) Physical and Logical Access Requirements.

\(1\) Contractor personnel requiring access to IT systems operated by
the Contractor for NASA or interconnected to a NASA network shall be
screened at an appropriate level in accordance with NPR 2810 and Chapter
4, NPR 1600.1, NASA Security Program Procedural Requirements. NASA shall
provide screening, appropriate to the highest risk level, of the IT
systems and information accessed, using, as a minimum, National Agency
Check with Inquiries (NACI). The Contractor shall submit the required
forms to the NASA Center Chief of Security (CCS) within fourteen (14)
days after contract award or assignment of an individual to a position
requiring screening. The forms may be obtained from the CCS. At the
option of NASA, interim access may be granted pending completion of the
required investigation and final access determination. For Contractors
who will reside on a NASA Center or installation, the security screening
required for all required access (e.g., installation, facility, IT,
information, etc.) is consolidated to ensure only one investigation is
conducted based on the highest risk level. Contractors not residing on a
NASA installation will be screened based on their IT access risk level
determination only. See NPR 1600.1, Chapter 4.

\(2\) Guidance for selecting the appropriate level of screening is based
on the risk of adverse impact to NASA missions. NASA defines three
levels of risk for which screening is required (IT-1 has the highest
level of risk).

\(i\) IT-1 \-- Individuals having privileged access or limited
privileged access to systems whose misuse can cause very serious adverse
impact to NASA missions. These systems include, for example, those that
can transmit commands directly modifying the behavior of spacecraft,
satellites or aircraft.

\(ii\) IT-2 \-- Individuals having privileged access or limited
privileged access to systems whose misuse can cause serious adverse
impact to NASA missions. These systems include, for example, those that
can transmit commands directly modifying the behavior of payloads on
spacecraft, satellites or aircraft; and those that contain the primary
copy of "level 1" information whose cost to replace exceeds one million
dollars.

\(iii\) IT-3 \-- Individuals having privileged access or limited
privileged access to systems whose misuse can cause significant adverse
impact to NASA missions. These systems include, for example, those that
interconnect with a NASA network in a way that exceeds access by the
general public, such as bypassing firewalls; and systems operated by the
Contractor for NASA whose function or information has substantial cost
to replace, even if these systems are not interconnected with a NASA
network.

\(3\) Screening for individuals shall employ forms appropriate for the
level of risk as established in Chapter 4, NPR 1600.1.

\(4\) The Contractor may conduct its own screening of individuals
requiring privileged access or limited privileged access provided the
Contractor can demonstrate to the Contracting Officer that the
procedures used by the Contractor are equivalent to NASA\'s personnel
screening procedures for the risk level assigned for the IT position.

\(5\) Subject to approval of the Contracting Officer, the Contractor may
forgo screening of Contractor personnel for those individuals who have
proof of a \--

\(i\) Current or recent national security clearances (within last three
years);

\(ii\) Screening conducted by NASA within the last three years that
meets or exceeds the screening requirements of the IT position; or

\(iii\) Screening conducted by the Contractor, within the last three
years, that is equivalent to the NASA personnel screening procedures as
approved by the Contracting Officer and concurred on by the CCS.

\(d\) The Contracting Officer may waive the requirements of paragraphs
(b) and (c)(1) through (c)(3) upon request of the Contractor. The
Contractor shall provide all relevant information requested by the
Contracting Officer to support the waiver request.

\(e\) The Contractor shall contact the Contracting Officer for any
documents, information, or forms necessary to comply with the
requirements of this clause.

\(f\) At the completion of the contract, the contractor shall return all
NASA information and IT resources provided to the contractor during the
performance of the contract and certify that all NASA information has
been purged from contractor-owned systems used in the performance of the
contract.

\(g\) The Contractor shall insert this clause, including this paragraph
(g), in all subcontracts

\(1\) Have physical or electronic access to NASA\'s computer systems,
networks, or IT infrastructure; or

\(2\) Use information systems to generate, store, process, or exchange
data with NASA or on behalf of NASA, regardless of whether the data
resides on a NASA or a contractor's information system.

**(End of clause)**

**1852.208-81 Restrictions on Printing and Duplicating.**

As prescribed in 1808.870, insert the following clause:

**RESTRICTIONS ON PRINTING AND DUPLICATING**

**(NOVEMBER 2004)**

\(a\) The Contractor may duplicate or copy any documentation required by
this contract in accordance with the provisions of the Government
Printing and Binding Regulations, No. 26, S. Pub 101-9, U.S. Government
Printing Office, Washington, DC, 20402, published by the Joint Committee
on Printing, U.S. Congress.

\(b\) The Contractor shall not perform, or procure from any commercial
source, any printing in connection with the performance of work under
this contract. The term \"printing\" includes the processes of
composition, platemaking, presswork, duplicating, silk screen processes,
binding, microform, and the end items of such processes and equipment.

\(c\) The Contractor is authorized to duplicate or copy production units
provided the requirement does not exceed 5,000 production units of any
one page or 25,000 units in the aggregate of multiple pages. Such pages
may not exceed a maximum image size of 10-3/4 by 14-1/4 inches. A
\"production unit\" is one sheet, size 8-1/2 x 11 inches (215 x 280 mm),
one side only, and one color ink.

\(d\) This clause does not preclude writing, editing, preparation of
manuscript copy, or preparation of related illustrative material as a
part of this contract, or administrative duplicating/copying (for
example, necessary forms and instructional materials used by the
Contractor to respond to the terms of the contract).

\(e\) Costs associated with printing, duplicating, or copying in excess
of the limits in paragraph (c) of this clause are unallowable without
prior written approval of the Contracting Officer. If the Contractor has
reason to believe that any activity required in fulfillment of the
contract will necessitate any printing or substantial duplicating or
copying, it immediately shall provide written notice to the Contracting
Officer and request approval prior to proceeding with the activity.
Requests will be processed by the Contracting Officer in accordance with
the provisions of the Government Printing and Binding Regulations, NFS
1808.802, and NPR 1490.5, NASA Procedural Requirements for Printing,
Duplicating, and Copying Management.

\(f\) The Contractor shall include in each subcontract which may involve
a requirement for any printing, duplicating, and copying in excess of
the limits specified in paragraph (c) of this clause, a provision
substantially the same as this clause, including this paragraph (f).

**(End of clause)**

**1852.209-70 Product Removal from Qualified Products List.**

As prescribed in 1809.206-71, insert the following clause:

**PRODUCT REMOVAL FROM QUALIFIED PRODUCTS LIST**

**(DECEMBER 1988)**

If, during the performance of this contract, the product being furnished
is removed from the Qualified Products List for any reason, the
Government may terminate the contract for Default pursuant to the
default clause of the contract.

**(End of clause)**

**1852.209-71 Limitation of Future Contracting.**

As prescribed in 1809.507-2, the contracting officer may insert a clause
substantially as follows in solicitations and contracts, in compliance
with [**FAR
9.507-2**](http://www.arnet.gov/far/current/html/Subpart_9_5.html#1046562):

**LIMITATION OF FUTURE CONTRACTING**

**(DECEMBER 1988)**

\(a\) The Contracting Officer has determined that this acquisition may
give rise to a potential organizational conflict of interest.
Accordingly, the attention of prospective offerors is invited to [**FAR
Subpart
9.5**](http://www.arnet.gov/far/current/html/Subpart_9_5.html#1049089)\--Organizational
Conflicts of Interest.

\(b\) The nature of this conflict is \[describe the conflict\].

\(c\) The restrictions upon future contracting are as follows:

\(1\) If the Contractor, under the terms of this contract, or through
the performance of tasks pursuant to this contract, is required to
develop specifications or statements of work that are to be incorporated
into a solicitation, the Contractor shall be ineligible to perform the
work described in

that solicitation as a prime or first-tier subcontractor under an
ensuing NASA contract. This restriction shall remain in effect for a
reasonable time, as agreed to by the Contracting Officer and the
Contractor, sufficient to avoid unfair competitive advantage or
potential bias (this time shall in no case be less than the duration of
the initial production contract). NASA shall not unilaterally require
the Contractor to prepare such specifications or statements of work
under this contract.

\(2\) To the extent that the work under this contract requires access to
proprietary, business confidential, or financial data of other
companies, and as long as these data remain proprietary or confidential,
the Contractor shall protect these data from unauthorized use and
disclosure and agrees not to use them to compete with those other
companies.

**(End of clause)**

**1852.209-72 Composition of the Contractor.**

As prescribed in 1809.670, insert the following clause:

**COMPOSITION OF THE CONTRACTOR**

**(DECEMBER 1988)**

If the Contractor is comprised of more than one legal entity, each
entity shall be jointly and severally liable under this contract.

**(End of clause)**

**1852.211-70 Packaging, Handling, and Transportation**

As prescribed in 1811.404-70, insert the following clause:

**PACKAGING, HANDLING, AND TRANSPORTATION**

**(SEPTEMBER 2005)**

\(a\) The Contractor shall comply with NASA Procedural Requirements
(NPR) 6000.1, \"Requirements for Packaging, Handling, and Transportation
for Aeronautical and Space Systems, Equipment, and Associated
Components\", as may be supplemented by the statement of work or
specifications of this contract, for all items designated as Class I,
II, or III.

\(b\) The Contractor\'s packaging, handling, and transportation
procedures may be used, in whole or in part, subject to the written
approval of the Contracting Officer, provided (1) the Contractor\'s
procedures are not in conflict with any requirements of this contract,
and (2) the requirements of this contract shall take precedence in the
event of any conflict with the Contractor\'s procedures.

\(c\) The Contractor must place the requirements of this clause in all
subcontracts for items that will become components of deliverable Class
I, II, or III items.

**(End of clause)**