![](media/image1.wmf){width="0.8243055555555555in"
height="0.6888888888888889in"} Procurement Notice

National Aeronautics and

Space Administration

Washington, DC 20546

##  PN 04-05

###  June 21, 2005

**CONTRACTOR ACCESS TO SENSITIVE INFORMATION**

***BACKGROUND:***  This PN revises the NASA FAR Supplement (NFS) to
provide policy and procedures on how NASA will acquire services to
support management activities and administrative functions, when
performing those services requires the contractor to have access to
sensitive information submitted by other contractors. NASA's increased
use of contractors to support management activities and administrative
functions, coupled with implementing Agency-wide electronic information
systems, requires establishing consistent procedures for protecting
sensitive information from unauthorized use or disclosure. 

***ACQUISITIONS AFFECTED BY CHANGES:***  This PN prescribes two new NFS
clauses to implement a self-executing system of policies and
procedures.  The first clause at 1852.237-72, Access to Sensitive
Information, goes into all solicitations and contracts for services to
allow access to sensitive information needed to support NASA's
management activities and administrative functions.  The second clause
at 1852.237-73, Release of Sensitive Information, goes into all
solicitations and contracts, and notifies offerors and contractors that
NASA may, subject to the enumerated procedures, protections, and
safeguards mandated by the "Access" clause at 1852-237-72, release their
sensitive information to service providers that support NASA activities
and functions. 

***ACTION REQUIRED BY CONTRACTING OFFICERS:***  All solicitations for
services that will entail access to sensitive information shall require
each offeror to submit a preliminary analysis of possible organizational
conflicts of interest that might flow from the award of a contract to
that particular service provider.  The contracting officer, with advice
from Center counsel, shall review each preliminary analysis for
completeness and identify to that potential service provider all
substantive weaknesses and omissions for necessary correction.  After
selection, the contracting officer shall negotiate a comprehensive
organizational conflicts of interest plan with the successful offeror
for incorporation into the awarded contract as a compliance document.  

During performance, the contracting officer, with Center counsel, shall
evaluate all claims that any information requested by the service
provider is "sensitive."  The owning contractor must be able to cite
specific, factual, and convincing support for this type of claim.  If
the owner provides this level of support and no other reasonable grounds
exist to challenge the owner's claim, NASA and its service providers and
their employees shall comply with all of the protections and safeguards
delineated in the "Access" clause.    

Service providers are also likely to need information, which NASA
received under contracts that did not contain the "Release" clause. 
Contracting officers should be proactive in getting service providers
access to this type of information by contacting companies with open
contracts and urging them to accept the Release" clause through
administrative contract modifications.  For contractors that resist
incorporating the new clause, the NFS revisions provide contracting
officers more extensive guidance.

***CLAUSE CHANGES:*** Clauses 1852.237-72 and 1852.237-73 are added.

***PARTS AFFECTED:*** Changes are made in Parts 1809, 1837, and 1852.

***REPLACEMENT PAGES:*** You may use the enclosed pages to replace 9:1,
9:2, 9:5, 9:6, 9:7, Part 1837, 52:3 thru 52:10, 52:87, 52:88, 52:88.1,
52:88.2, 52:88.3, and 52-121 thru 52-123 of the NFS.

***TYPE OF RULE AND PUBLICATION DATE:*** The PN was published as a final
rule in the Federal Register (70 FR 35549 - 35556) on June 21, 2005.
This PN also adds guidance to the NFS that does not have a significant
effect beyond NASA's internal operating procedures or a significant cost
or administrative impact on contractor or offerors

***HEADQUARTERS CONTACT:*** David Forbes, Office of Procurement,
Contract Management Division, (202) 358-2051, email:
David.P.Forbes@nasa.gov.

Jim Balinskas

Director, Contract Management Division

Enclosures

**DISTRIBUTION:**

**PN List**

**PART 1809**

**CONTRACTOR QUALIFICATIONS**

# TABLE OF CONTENTS

**SUBPART 1809.1 RESPONSIBLE PROSPECTIVE** **CONTRACTORS**

1809.104-4 Subcontract responsibility.

1809.106 Preaward surveys.

1809.106-1 Conditions for preaward surveys.

1809.106-2 Requests for preaward surveys.

1809.106-3 Interagency preaward surveys.

1809.106-70 Preaward surveys performed by NASA installations.

**SUBPART 1809.2 QUALIFICATIONS REQUIREMENTS**

1809.200 Scope of subpart.

1809.202 Policy.

1809.203 QPL\'s, QML\'s, and QBL\'s.

1809.203-70 General.

1809.203-71 Waiver of qualification requirements.

1809.206 Acquisitions subject to qualification requirements.

1809.206-1 General.

1809.206-70 Small businesses.

1809.206-71 Contract clause.

**SUBPART 1809.4 DEBARMENT, SUSPENSION,** **AND INELIGIBILITY**

1809.403 Definitions.

1809.404 List of Parties Excluded from Federal Procurement and

> Nonprocurement programs.

1809.405 Effect of listing.

1809.405-1 Continuation of current contracts.

1809.405-2 Restrictions on subcontracting.

1809.406 Debarment.

1809.406-3 Procedures.

1809.407 Suspension.

1809.407-3 Procedures.

1809.408 Certification regarding debarment, suspension, proposed

debarment, and other responsibility matters.

1809.470 Reporting of suspected evasive actions and causes for
debarment 

or suspension.

1809.470-1 Situations requiring reports.

1809.470-2 Contents of reports.

1809.470-3 Addresses and copies of reports.

**SUBPART 1809.5 ORGANIZATIONAL AND CONSULTANT CONFLICTS**

**OF INTEREST**

1809.500 Scope of subpart.

1809.503 Waiver.

1809.505-4 Obtaining access to sensitive information.

1809.506 Procedures.

1809.507 Solicitation provisions and contract clause.

1809.507-2 Contract clause.

**SUBPART 1809.6 CONTRACTOR TEAM ARRANGEMENTS**

1809.670 Contract clause.

**PART 1809**

**CONTRACTOR QUALIFICATIONS**

**Subpart** **1809.1\--Responsible Prospective Contractors**

**1809.104-4 Subcontractor responsibility.**

Generally, the Canadian Commercial Corporation\'s (CCC) proposal of a
firm as its subcontractor is sufficient basis for an affirmative
determination of responsibility. However, when the CCC determination of
responsibility is not consistent with other information available to the
contracting office, the contracting officer shall request from the CCC
and any other sources whatever information is necessary to make the
responsibility determination. Upon request, CCC shall be furnished the
rationale for any subsequent determination of nonresponsibility.

**1809.106 Preaward surveys**.

**1809.106-1 Conditions** **for** **preaward** **surveys.**

(a)**(i)** Preaward surveys are used only to assist the contracting
officer to make determinations of responsibility under FAR 9.104. They
are not to be used to obtain information useful to proposal evaluation
that does not directly relate to the responsibility determination.
Accordingly, preaward surveys shall not be used except in rare
circumstances when determination of responsibility cannot be made
without the specific information that can be provided only in a preaward
survey report and only after all other means of obtaining the required
information have been explored.

**(ii)** Surveys shall not be performed for companies of any size
performing study or research contracts.

**(iii)** The procurement officer shall approve all preaward survey
requests.

**1809.106-2 Requests for preaward surveys.**

\(a\) The \"Walsh-Healey Public Contracts Act\" block of Section I is
for information purposes only. If information is needed for a
determination on the offeror\'s eligibility under the Walsh-Healey Act,
it must be specifically requested in block 20.H. of Section III.

**1809.106-3 Interagency preaward surveys.**

**1809.405-2 Restrictions on subcontracting.**

\(a\) Approval of consent to subcontract shall be requested in
accordance with 1809.405.

**1809.406 Debarment.**

**1809.406-3 Procedures.**

\(a\) The report required by FAR 9.406-3(a) shall be prepared in
accordance with 1809.470.

**1809.407 Suspension.**

**1809.407-3** **Procedures.**

\(a\) Reports shall be prepared in accordance with 1809.470.

**1809.408 Certification regarding debarment, suspension, proposed
debarment, and other responsibility matters.**

(a)(2)**(A)** If the offeror indicates that it has been indicted,
charged, convicted, or had a civil judgment rendered against it, the
contracting officer shall immediately notify the Assistant Administrator
for Procurement (Code HK), providing details as known, and shall await a
response before awarding the contract.

**(B)** If the offeror discloses information that indicates a need for a
debarment or suspension determination, the contracting officer shall
report the facts to the Assistant Administrator for Procurement (Code
HK) in accordance with 1809.470.

**1809.470 Reporting of suspected evasive** **actions and causes for
debarment or** **suspension.**

**1809.470-1 Situations requiring reports.**

A report incorporating the information required by 1809.470-2 of this
subpart shall be forwarded by the procurement officer to the Assistant
Administrator for Procurement (Code HK) when a contractor:

\(a\) Has committed, or is suspected of having committed, any of the
acts described in FAR 9.406-2 and 9.407-2; or

\(b\) Is suspected of attempting to evade the prohibitions of a
debarment or suspension imposed under the FAR by changes of address,
multiple addresses, formation of new companies, or other devices.

**1809.470-2 Contents** **of** **reports.**

Each report shall be coordinated with local counsel and shall include
substantially the following information, if available:

\(a\) Name and address of the contractor.

\(b\) Names of the principal officers, partners, owners, or managers.

\(c\) All known affiliates, subsidiaries, or parent firms, and the
nature of the affiliation.

\(d\) A description of the contract or contracts concerned, including
the contract number and office identifying numbers or symbols, the
amount of each contract, the amounts paid the contractor and still due,
and the percentage of work completed and to be completed.

\(e\) The status of vouchers.

\(f\) Whether the contract has been assigned pursuant to the Assignment
of Claims Act, and, if so, the name and address of the assignee and a
copy of the assignment.

\(g\) Whether any other contracts are outstanding with the contractor or
any affiliates, and, if so, their amount, whether they are assigned
pursuant to the Assignment of Claims Act, and the amounts paid or due on
them.

\(h\) A complete summary of all pertinent evidence. If a request for
debarment or suspension is based on an indictment or a conviction,
provide the evidence upon which the indictment or conviction is based.

\(i\) An estimate of any damages, sustained by the Government as a
result of the contractor\'s action, including an explanation of the
method used in making the estimate.

\(j\) Recommendation as to (1) whether the contractor should be
suspended or debarred, (2) whether any limitations should be applied to
such action, (3) whether current contracts should be terminated, and (4)
the period of any debarment.

\(k\) As an enclosure, a copy of the contract(s) or pertinent excerpts,
appropriate exhibits, testimony or statements of witnesses, copies of
assignments, and other relevant documentation.

**1809.470-3** **Addresses** **and** **copies** **of** **reports.**

Reports, including enclosures, shall be submitted to the Office of
Procurement (Code HK), with an additional copy to the Headquarters
Office of General Counsel (Code G).

## Subpart 1809.5\--Organizational and Consultant Conflicts of Interest

**1809.500 Scope** **of** **subpart.**

The Assistant Administrator for Procurement has authorized the
procurement officer to take those actions reserved in FAR Subpart 9.5
for the head of the contracting activity. However, see 1809.503
regarding waivers.

**1809.503** **Waiver.**

The Administrator has designated the Assistant Administrator for
Procurement as the approval authority for waivers under FAR 9.503. The
procurement officer shall forward requests for waivers under FAR 9.503
to the Assistant Administrator for Procurement (Code HS) for action.

**1809.505-4 Obtaining access to sensitive information.**

\(b\) In accordance with FAR 9.503, the Assistant Administrator for
Procurement has determined that it would not be in the Government's
interests for NASA to comply strictly with FAR 9.505-4(b) when acquiring
services to support management activities and administrative functions.
The Assistant Administrator for Procurement has, therefore, waived the
requirement that before gaining access to other companies' proprietary
or sensitive (see 1837.203-70) information contractors must enter
specific agreements with each of those other companies to protect their
information from unauthorized use or disclosure. Accordingly, NASA will
not require contractors and subcontractors and their employees in
procurements that support management activities and administrative
functions to enter into separate, interrelated third party agreements to
protect sensitive information from unauthorized use or disclosure. As an
alternative to numerous, separate third party agreements, 1837.203-70
prescribes detailed policy

and procedures to protect contractors from unauthorized use or
disclosure of their sensitive information. Nothing in this section
waives the requirements of FAR 37.204 and 1837.204.

**1809.506 Procedures.**

\(b\) The approving official is the procurement officer when the
installation has source selection authority and the Assistant
Administrator for Procurement (Code HS) when NASA Headquarters has that
authority.

**1809.507 Solicitation** **provisions** **and** **contract**
**clause.**

**1809.507-2 Contract** **clause.**

The contracting officer may insert a clause substantially the same as
the clause at 1852.209-71, Limitation of Future Contracting, in
solicitations and contracts.

**Subpart** **1809.6\--Contractor Team Arrangements**

**1809.670 Contract clause.**

The contracting officer shall insert the clause at 1852.209-72,
Composition of the Contractor, in all construction invitations for bids
and resulting contracts. The clause may be used in other solicitations
and contracts to clarify a contractor team arrangement where the prime
contractor consists of more than one legal entity, such as a joint
venture.

PART 1837

**SERVICE CONTRACTING**

# TABLE OF CONTENTS

**SUBPART 1837.1 SERVICE CONTRACTS\--GENERAL**

1837.101 Definitions.

1837.104 Personal services contracts.

1837.110 Solicitation provisions and contract clauses.

1837.110-70 NASA solicitation provision and contract clauses.

1837.170 Pension portability.

**SUBPART 1837.2 ADVISORY AND ASSISTANCE SERVICES**

1837.203 Policy.

1837.203-70 Providing contractors access to sensitive information.

1837.203-71 Release of contractors' sensitive information.

1837.203-72 NASA contract clauses.

1837.204 Guidelines for determining availability of personnel.

**PART 1837**

**SERVICE CONTRACTING**

**Subpart 1837.1\--Service Contracts\--General**

**1837.101 Definitions.**

**"Pension portability"** means the recognition and continuation in a
successor service contract of the predecessor service contract
employees\' pension rights and benefits.

**1837.104 Personal services contracts.**

\(b\) Section 203(c)(9) of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2473(c)(9)) authorizes NASA \"to obtain services as
authorized by Section 3109 of Title 5, United States Code.\" It is NASA
policy to obtain the personal services of experts and consultants by
appointment rather than by contract. The policies, responsibilities, and
procedures pertaining to the appointment of experts and consultants are
in NPR 3300.1, Appointment of Personnel To/From NASA, Chapter 4,
Employment of Experts and Consultants.

**1837.110 Solicitation provisions and contract clauses.**

**1837.110-70 NASA solicitation provision and contract clauses.**

\(a\) The contracting officer shall insert the clause at 1852.237-70,
Emergency Evacuation Procedures, in solicitations and contracts for
on-site support services where emergency evacuations of the NASA
installation may occur, e.g., snow, hurricanes, tornadoes, earthquakes,
or other emergencies.

\(b\) The contracting officer shall insert the clause at 1852.237-71,
Pension Portability, in solicitations, contracts or negotiated contract
modifications for additional work when the procurement officer makes the
determination in 1837.170(a)(2).

**1837.170 Pension portability.**

\(a\) It is NASA\'s policy not to require pension portability in service
contracts. However, pension portability requirements may be included in
solicitations, contracts, or contract modifications for additional work
under the following conditions:

(1)(i) There is a continuing need for the same or similar services for a
minimum of five years (inclusive of options), and, if the contractor
changes, a high percentage of the predecessor contractor\'s employees
are expected to remain with the program; or

\(ii\) The employees under a predecessor contract were covered by a
portable pension plan, a follow-on contract or a contract consolidating
existing services is awarded, and the total contract period covered by
the plan covers a minimum of five years (including both the predecessor
and successor contracts); and

\(2\) The procurement officer determines in writing, with full
supporting rationale, that such a requirement is in the Government\'s
best interest. The procurement officer shall maintain a record of all
such determinations.

\(b\) When pension portability is required, the plan shall comply with
the requirements of the clause at 1852.237-71, Pension Portability, (see
1837.110-70(b)), and the contract shall also include a clear description
of the plan, including service, pay, liabilities, vesting, termination,
and benefits from prior contracts.

**Subpart** **1837.2\--Advisory and Assistance Services**

**1837.203** **Policy.**

\(c\) Advisory and assistance services of individual experts and
consultants shall normally be obtained by appointment rather than by
contract (see NPR 3300.1, Appointment of Personnel To/From NASA, Chapter
4, Employment of Experts and Consultants).

**1837.203-70 Providing contractors access to sensitive information.**

(a)(1) As used in this subpart, "sensitive information" refers to
information that the contractor has developed at private expense or that
the Government has generated that qualifies for an exception to the
Freedom of Information Act, which is not currently in the public domain,
may embody trade secrets or commercial or financial information, and may
be sensitive or privileged, the disclosure of which is likely to have
either of the following effects: (1) to impair the Government's ability
to obtain this type of information in the future; or (2) to cause
substantial harm to the competitive position of the person from whom the
information was obtained.  The term is not intended to resemble the
markings of national security documents as in sensitive-secret-top
secret.

\(2\) As used in this subpart, "requiring organization" refers to the
NASA organizational element or activity that requires specified services
to be provided.

\(3\) As used in this subpart, "service provider" refers to the service
contractor that receives sensitive information from NASA to provide
services to the requiring organization.\
(b)(1) To support management activities and administrative functions,
NASA relies on numerous service providers. These contractors may require
access to sensitive information in the Government's possession, which
may be entitled to protection from unauthorized use or disclosure.

\(2\) As an initial step, the requiring organization shall identify when
needed services may entail access to sensitive information and shall
determine whether providing access is necessary for accomplishing the
Agency's mission. The requiring organization shall review any service
provider requests for access to information to determine whether the
access is necessary and whether the information requested is considered
"sensitive" as defined in paragraph (a)(1) of this section.

\(c\) When the requiring organization determines that providing
specified services will entail access to sensitive information, the
solicitation shall require each potential service provider to submit
with its proposal a preliminary analysis of possible organizational
conflicts of interest that might flow from the award of a contract.
After selection, or whenever it becomes clear that performance will
necessitate access to sensitive information, the service provider must
submit a comprehensive organizational conflicts of interest avoidance
plan.

\(d\) This comprehensive plan shall incorporate any previous studies
performed, shall thoroughly analyze all organizational conflicts of
interest that might arise because the service provider has access to
other companies' sensitive information, and shall establish specific
methods to control, mitigate, or eliminate all problems identified. The
contracting officer, with advice from Center counsel, shall review the
plan for completeness and identify to the service provider substantive
weaknesses and omissions for necessary correction. Once the service
provider has corrected the substantive weaknesses and omissions, the
contracting officer shall incorporate the revised plan into the
contract, as a compliance document.

\(e\) If the service provider will be operating an information
technology system for NASA that contains sensitive information, the
operating contract shall include the clause at 1852.204-76, Security
Requirements for Unclassified Information Technology Resources, which
requires the implementation of an Information Technology Security Plan
to protect information processed, stored, or transmitted from
unauthorized access, alteration, disclosure, or use.

\(f\) NASA will monitor performance to assure any service provider that
requires access to sensitive information follows the steps outlined in
the clause at 1852.237-72, Access to Sensitive Information, to protect
the information from unauthorized use or disclosure.

**1837.203-71 Release of contractors' sensitive information.**

Pursuant to the clause at 1852.237-73, Release of Sensitive Information,
offerors and contractors agree that NASA may release their sensitive
information when requested by service providers in accordance with the
procedures prescribed in 1837.203-70 and subject to the safeguards and
protections delineated in the clause at 1852.237-72, Access to Sensitive
Information. As required by the clause at 1852.237-73, or other contract
clause or solicitation provision, contractors must identify information
they claim to be "sensitive" submitted as part of a proposal or in the
course of performing a contract. The contracting officer shall evaluate
all contractor claims of sensitivity in deciding how NASA should respond
to requests from service providers for access to information.

**1837.203-72 NASA contract clauses.**

\(a\) The contracting officer shall insert the clause at 1852.237-72,
Access to Sensitive Information, in all solicitations and contracts for
services that may require access to sensitive information belonging to
other companies or generated by the Government.

\(b\) The contracting officer shall insert the clause at 1852.237-73,
Release of Sensitive Information, in all solicitations, contracts, and
basic ordering agreements.

**1837.204 Guidelines for determining availability of personnel.**

(a)**(i)** Outside peer review evaluators may be used to evaluate SBIR,
STTR, NRA, AO, and unsolicited proposals without making the
determination of non-availability.

**(ii)** For all other actions, the NASA official one level above the
NASA program official responsible for the evaluation shall make the
determination, with the concurrence of the legal office. The contracting
officer shall ensure that a copy of the determination is in the contract
file prior to issuance of a solicitation.

\(b\) The official designated in paragraph (a)(ii) of this section is
responsible for the actions required in FAR 37.204(b).

\(c\) The agreement shall be made by the program official responsible
for the evaluation and the contracting officer.

\(e\) The Assistant Administrator for Procurement (Code HS) is the
approval authority for class determinations. The class determination
request shall include the assessment required by FAR 37.204(b).

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.

1852.235-70 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.

1852.242-74 Notice of Earned Value Management System.

1852.242-75 Earned Value Management System.

1852.242-76 Modified Cost Performance Report.

1852.242-77 Modified Cost Performance Report Plans.

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 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, (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).

**(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.

**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 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, insert a clause substantially as follows:

SECURITY REQUIREMENTS FOR UNCLASSIFIED

INFORMATION TECHNOLOGY RESOURCES

(NOVEMBER 2004)

\(a\) The Contractor shall be responsible for Information Technology
security for all systems connected to a NASA network or operated by the
Contractor for NASA, regardless of location. This clause is applicable
to all or any part of the contract that includes information technology
resources or services in which the Contractor must have physical or
electronic access to NASA's sensitive information contained in
unclassified systems that directly support the mission of the Agency.
This includes information technology, hardware, software, and the
management, operation, maintenance, programming, and system
administration of computer systems, networks, and telecommunications
systems. Examples of tasks that require security provisions include:

\(1\) Computer control of spacecraft, satellites, or aircraft or their
payloads;

\(2\) Acquisition, transmission or analysis of data owned by NASA with
significant replacement cost should the contractor's copy be corrupted;
and

\(3\) Access to NASA networks or computers at a level beyond that
granted the general public, e.g. bypassing a firewall.

\(b\) The Contractor shall provide, implement, and maintain an IT
Security Plan. This plan shall describe the processes and procedures
that will be followed to ensure appropriate security of IT resources
that are developed, processed, or used under this contract. The plan
shall describe those parts of the contract to which this clause applies.
The Contractor's IT Security Plan shall be compliant with Federal laws
that include, but are not limited to, the Computer Security Act of 1987
(40 U.S.C. 1441 et seq.) and the Government Information Security Reform
Act of 2000. The plan shall meet IT security requirements in accordance
with Federal and NASA policies and procedures that include, but are not
limited to:

\(1\) OMB Circular A-130, Management of Federal Information Resources,
Appendix III,

Security of Federal Automated Information Resources;

\(2\) NASA Procedures and Guidelines (NPR) 2810.1, Security of
Information Technology; and

\(3\) Chapter 3 of NPR 1620.1, NASA Security Procedural Requirements.

\(c\) Within \_\_\_\_days after contract award, the contractor shall
submit for NASA approval an IT Security Plan. This plan must be
consistent with and further detail the approach contained in the
offeror\'s proposal or sealed bid that resulted in the award of this
contract and in compliance with the requirements stated in this clause.
The plan, as approved by the Contracting Officer, shall be incorporated
into the contract as a compliance document.

(d)(1) Contractor personnel requiring privileged access or limited
privileged access to systems operated by the Contractor for NASA or
interconnected to a NASA network shall be screened at an appropriate
level in accordance with NPR 2810.1, Section 4.5; NPR 1620.1, Chapter 3;
and paragraph (d)(2) of this clause. Those Contractor personnel with
non-privileged access do not require personnel screening. NASA shall
provide screening using standard personnel screening National Agency
Check (NAC) forms listed in paragraph (d)(3) of this clause, unless
contractor screening in accordance with paragraph (d)(4) is approved.
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 the government, interim
access may be granted pending completion of the NAC.

\(2\) 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" data 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 data 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 follows:

\(i\) IT-1: Fingerprint Card (FC) 258 and Standard Form (SF) 85P,
Questionnaire for Public Trust Positions;

> \(ii\) IT-2: FC 258 and SF 85, Questionnaire for Non-Sensitive
> Positions; and

::: Definition-Term
\(iii\) IT-3: NASA Form 531, Name Check, and FC 258.
:::

::: Definition-Term
\(4\) The Contracting Officer may allow the Contractor to conduct its
own screening of individuals requiring privileged access or limited
privileged access provided the Contractor can demonstrate that the
procedures used by the Contractor are equivalent to NASA\'s personnel
screening procedures. As used here, equivalent includes a check for
criminal history, as would be conducted by NASA, and completion of a
questionnaire covering the same information as would be required by
NASA.
:::

\(5\) Screening of contractor personnel may be waived by the Contracting
Officer for those individuals who have proof of \--

::: Definition-Term
\(i\) Current or recent national security clearances (within last three
years);
:::

::: Definition-Term
\(ii\) Screening conducted by NASA within last three years; or
:::

::: Definition-Term
\(iii\) Screening conducted by the Contractor, within last three years,
that is equivalent to the NASA personnel screening procedures as
approved by the Contracting Officer under paragraph (d)(4) of this
clause.
:::

\(e\) 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 2810.1, Section 4.3 requirements. The contractor may use
web-based training available from NASA to meet this requirement.

\(f\) The Contractor shall afford NASA, including the 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 a program of IT inspection,
investigation and audit to safeguard against threats and hazards to the
integrity, availability and confidentiality of NASA data or to the
function of computer systems operated on behalf of NASA, and to preserve
evidence of computer crime.

\(g\) The Contractor shall incorporate the substance of this clause in
all subcontracts that meet the conditions in paragraph (a) of this
clause.

**(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:

**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\--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**

**(NOVEMBER 2004)**

\(a\) The Contractor shall comply with NPR 6000.1E, \"Requirements for
Packaging, Handling, and Transportation for Aeronautical and Space
Systems, Equipment, and Associated Components\", dated April 26, 1999,
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)**

\(2\) Be a defined contribution plan, or a multiparty defined benefit
plan operated under a collective bargaining agreement. In either case,
the plan must be portable, i.e., the plan follows the employee, not the
employer;

\(3\) Provide for 100 percent employee vesting at the earlier of one
year of continuous employee service or contract termination; and

\(4\) Not be modified, terminated, or a new plan adopted without the
prior written approval of the cognizant NASA Contracting Officer.

\(b\) The Contractor shall include paragraph (a) of this clause in
subcontracts for continuing services under a service contract if:

\(1\) The prime contract requires pension portability;

\(2\) The subcontracted labor dollars (excluding any burdens or
profit/fee) exceed \$2,500,000 and ten percent of the total prime
contract labor dollars (excluding any burdens or profit/fee); and

\(3\) Either of the following conditions exists:

\(i\) There is a continuing need for the same or similar subcontract
services for a minimum of five years (inclusive of options), and if the
subcontractor changes, a high percentage of the predecessor
subcontractor's employees are expected to remain with the program; or

\(ii\) The employees under a predecessor subcontract were covered by a
portable pension plan, a follow-on subcontract or a subcontract
consolidating existing services is awarded, and the total subcontract
period covered by the plan covers a minimum of five years (including
both the predecessor and successor subcontracts).

**(End of clause)**

**1852.237-72 Access to Sensitive Information.**

As prescribed in 1837.203-72(a), insert the following clause:

# ACCESS TO SENSITIVE INFORMATION

**(JUNE 2005)**

\(a\) As used in this clause, "sensitive information" refers to
information that a contractor has developed at private expense, or that
the Government has generated that qualifies for an exception to the
Freedom of Information Act, which is not currently in the public domain,
and which may embody trade secrets or commercial or financial
information, and which may be sensitive or privileged.

\(b\) To assist NASA in accomplishing management activities and
administrative functions, the Contractor shall provide the services
specified elsewhere in this contract.

\(c\) If performing this contract entails access to sensitive
information, as defined above, the Contractor agrees to -

\(1\) Utilize any sensitive information coming into its possession only
for the purposes of performing the services specified in this contract,
and not to improve its own competitive position in another procurement.

\(2\) Safeguard sensitive information coming into its possession from
unauthorized use and disclosure.

\(3\) Allow access to sensitive information only to those employees that
need it to perform services under this contract.

\(4\) Preclude access and disclosure of sensitive information to persons
and entities outside of the Contractor's organization.

\(5\) Train employees who may require access to sensitive information
about their obligations to utilize it only to perform the services
specified in this contract and to safeguard it from unauthorized use and
disclosure.

\(6\) Obtain a written affirmation from each employee that he/she has
received and will comply with training on the authorized uses and
mandatory protections of sensitive information needed in performing this
contract.

\(7\) Administer a monitoring process to ensure that employees comply
with all reasonable security procedures, report any breaches to the
Contracting Officer, and implement any necessary corrective actions.

\(d\) The Contractor will comply with all procedures and obligations
specified in its Organizational Conflicts of Interest Avoidance Plan,
which this contract incorporates as a compliance document.

\(e\) The nature of the work on this contract may subject the Contractor
and its employees to a variety of laws and regulations relating to
ethics, conflicts of interest, corruption, and other criminal or civil
matters relating to the award and administration of government
contracts. Recognizing that this contract establishes a high standard of
accountability and trust, the Government will carefully review the
Contractor's performance in relation to the mandates and restrictions
found in these laws and regulations. Unauthorized uses or disclosures of
sensitive information may result in termination of this contract for
default, or in debarment of the Contractor for serious misconduct
affecting present responsibility as a government contractor.

\(f\) The Contractor shall include the substance of this clause,
including this paragraph (f), suitably modified to reflect the
relationship of the parties, in all subcontracts that may involve access
to sensitive information

**(End of clause)**

**1852.237-73 Release of Sensitive Information.**

As prescribed in 1837.203-72(b), insert the following clause:

**RELEASE OF SENSITIVE INFORMATION**

**(JUNE 2005)**

\(a\) As used in this clause, "sensitive information" refers to
information, not currently in the public domain, that the Contractor has
developed at private expense, that may embody trade secrets or
commercial or financial information, and that may be sensitive or
privileged.

\(b\) In accomplishing management activities and administrative
functions, NASA relies heavily on the support of various service
providers. To support NASA activities and functions, these service
providers, as well as their subcontractors and their individual
employees, may need access to sensitive information submitted by the
Contractor under this contract. By submitting this proposal or
performing this contract, the Contractor agrees that NASA may release to
its service providers, their subcontractors, and their individual
employees, sensitive information submitted during the course of this
procurement, subject to the enumerated protections mandated by the
clause at 1852.237-72, Access to Sensitive Information.

(c)(1) The Contractor shall identify any sensitive information submitted
in support of this proposal or in performing this contract. For purposes
of identifying sensitive information, the Contractor may, in addition to
any other notice or legend otherwise required, use a notice similar to
the following:

Mark the title page with the following legend:

This proposal or document includes sensitive information that NASA shall
not disclose outside the Agency and its service providers that support
management activities and administrative functions. To gain access to
this sensitive information, a service provider's contract must contain
the clause at NFS 1852.237-72, Access to Sensitive Information.
Consistent with this clause, the service provider shall not duplicate,
use, or disclose the information in whole or in part for any purpose
other than to perform the services specified in its contract. This
restriction does not limit the Government\'s right to use this
information if it is obtained from another source without restriction.
The information subject to this restriction is contained in pages
\[insert page numbers or other identification of pages\].

> Mark each page of sensitive information the Contractor wishes to
> restrict with the following legend:
>
> Use or disclosure of sensitive information contained on this page is
> subject to the restriction on the title page of this proposal or
> document.

\(2\) The Contracting Officer shall evaluate the facts supporting any
claim that particular information is "sensitive." This evaluation shall
consider the time and resources necessary to protect the information in
accordance with the detailed safeguards mandated by the clause at
1852.237-72, Access to Sensitive Information. However, unless the
Contracting Officer decides, with the advice of Center counsel, that
reasonable grounds exist to challenge the Contractor's claim that
particular information is sensitive, NASA and its service providers and
their employees shall comply with all of the safeguards contained in
paragraph (d) of this clause.

\(d\) To receive access to sensitive information needed to assist NASA
in accomplishing management activities and administrative functions, the
service provider must be operating under a contract that contains the
clause at 1852.237-72, Access to Sensitive Information. This clause
obligates the service provider to do the following:

\(1\) Comply with all specified procedures and obligations, including
the

Organizational Conflicts of Interest Avoidance Plan, which the contract
has incorporated as a compliance document.

\(2\) Utilize any sensitive information coming into its possession only
for the purpose of performing the services specified in its contract.

\(3\) Safeguard sensitive information coming into its possession from
unauthorized use and disclosure.

\(4\) Allow access to sensitive information only to those employees that
need it to perform services under its contract.

\(5\) Preclude access and disclosure of sensitive information to persons
and entities outside of the service provider's organization.

\(6\) Train employees who may require access to sensitive information
about their obligations to utilize it only to perform the services
specified in its contract and to safeguard it from unauthorized use and
disclosure.

\(7\) Obtain a written affirmation from each employee that he/she has
received and will comply with training on the authorized uses and
mandatory protections of sensitive information needed in performing this
contract.

\(8\) Administer a monitoring process to ensure that employees comply
with all reasonable security procedures, report any breaches to the
Contracting Officer, and implement any necessary corrective actions.

\(e\) When the service provider will have primary responsibility for
operating an information technology system for NASA that contains
sensitive information, the service provider's contract shall include the
clause at 1852.204-76, Security Requirements for Unclassified
Information Technology Resources. The Security Requirements clause
requires the service provider to implement an Information Technology
Security Plan to protect information processed, stored, or transmitted
from unauthorized access, alteration, disclosure, or use. Service
provider personnel requiring privileged access or limited privileged
access to these information technology systems are subject to screening
using the standard National Agency Check (NAC) forms appropriate to the
level of risk for adverse impact to NASA missions. The Contracting
Officer may allow the service provider to conduct its own screening,
provided the service provider employs substantially equivalent screening
procedures.

\(f\) This clause does not affect NASA\'s responsibilities under the
Freedom of Information Act.

\(g\) The Contractor shall insert this clause, including this paragraph
(g), suitably modified to reflect the relationship of the parties, in
all subcontracts that may require the furnishing of sensitive
information.

**(End of clause)**

**1852.239-70 Alternate Delivery Points.**

As prescribed in 1839.106-70(a)(1), insert the following clause:

**ALTERNATE DELIVERY POINTS**

**(NOVEMBER 1993)**

\(a\) The first priority of this contract is to satisfy the anticipated
requirements of (identify contracting activity). However, should the
actual requirements of (contracting activity) be less than the maximum
quantities/values specified in Section B of this contract, (contracting
activity) may order the remaining available quantities/values to satisfy
the requirements of other installations. The other installations at
which delivery may be required are:

(List installations and their locations)

\(b\) The prices of the deliverables in Section B are F.O.B. destination
to (contracting activity). If delivery to an alternate location is
ordered, an equitable adjustment may be negotiated to recognize any
variances in transportation costs associated with delivery to that
alternate location.

**(End of clause)**

**ALTERNATE I**

**(NOVEMBER 1993)**

As prescribed in 1839.106-70(a)(2), delete paragraph (b) and substitute
the following:

\(b\) The prices of the deliverables in Section B are F.O.B. origin with
delivery to NASA via Government bill of lading (GBL). If delivery to an
alternate location is ordered, the same delivery procedures will be used
and no equitable adjustment to any price, term, or condition of this
contract will be made as a result of such order.

**(End of clause)**

**1852.241-70 Renewal of Contract.**

As prescribed in 1841.501-70, insert the following clause:

**RENEWAL OF CONTRACT**

**(DECEMBER 1988)**

This contract is renewable on an annual basis at the option of the
Government, by the Contracting Officer giving written notice of renewal
to the Contractor at least days before expiration. If the Government
exercises this option for renewal, the contract as renewed shall be
deemed to include this option provision. However, the total duration of
this contract, including the exercise of any options under this clause,
shall not exceed years.

**(End of clause)**