# SECTION H - SPECIAL CONTRACT REQUIREMENTS

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# H.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are
hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

> CLAUSE
>
> NUMBER DATE TITLE

  ------------ ------------ ----------------------------------------------
  52.223-5     APR 1998     POLLUTION PREVENTION AND RIGHT- TO-KNOW
                            INFORMATION

  ------------ ------------ ----------------------------------------------

II\. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES

> CLAUSE
>
> NUMBER DATE TITLE

  -------------- ----------- --------------------------------------------
  1852.204-74    MAY 2002    CENTRAL CONTRACTOR REGISTRATION

  1852.208-81    OCT 2001    RESTRICTIONS ON PRINTING AND DUPLICATING

  1852.223-70    APR 2002    SAFETY AND HEALTH

  1852.223-74    MAR 1996    DRUG- AND ALCOHOL-FREE WORKFORCE

  1852.223-75    FEB 2002    MAJOR BREACH OF SAFETY OR SECURITY

  1852.225-70    FEB 2000    EXPORT LICENSES (ALTERNATE I) (FEB 2000)

                 Insert in   
                 Paragraph   
                 (b):        
                 NASA/JSC,   
                 KSC, and    
                 MSFC        

  1852.228-72    SEPT 1993   CROSS WIVER OF LIABILITY FOR SPACE SHUTTLE
                             SERVICES

  1852.228-76    DEC 1994    CROSS-WAIVER OF LIABILITY FOR SPACE STATION
                             ACTIVITIES

  1852.242-72    AUG 1992    OBSERVANCE OF LEGAL HOLIDAYS (ALTERNATE I)
                             (SEPT 1989)

  1852.242-78    APR 2001    EMERGENCY MEDICAL SERVICES AND EVACUATION

  1852.246-70    MAR 1997    MISSION CRITICAL SPACE SYSTEMS PERSONNEL
                             RELIABILITY PROGRAM
  -------------- ----------- --------------------------------------------

(End Of Clause)

# H.2 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF 

OFFERORS (JSC 52.209-90) (SEP 1988)

This contract incorporates Section K, Representations, Certifications,
and Other Statements of Offerors, as set forth in the contractor\'s
proposal [HOU-02-0001P]{.underline} dated [July 31, 2002]{.underline},
by reference, with the same force and effect as if it were given in full
text.

(End of clause)

H.3 SMALL BUSINESS SUBCONTRACTING GOALS (JSC 52.219-90)

(JUN 2001)

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

The total small business goal, expressed as a percent of total contract
value, is 10 percent, including options. The small business percentage
goal, (10 percent), includes the following goals expressed as a percent
of total contract value:

Small Disadvantaged Business Concerns: 4 percent

Woman-Owned Small Business Concerns: 3 percent

HUBZone Small Business Concerns: 1 percent

Veteran-Owned Small Business Concern: 3.5 percent

Service Disabled Veteran-Owned Small Business Concern: 1.5 percent

HBCU\'s (includes other minority institutions): .015 percent

(End of clause)

H.4 (Limited) RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION
(CBI) (JSC 52.227-91) (MAY 2002)

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

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

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

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

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

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

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

(End of clause)

H.5 SPECIAL PROVISION FOR CONTRACT CHANGES

1.  The parties agree that notwithstanding the provisions of clause
    52.243-2 "Changes

Cost-Reimbursement," no change made pursuant to Clause 52.243-2 shall
give rise to an equitable adjustment in the estimated cost and
applicable fees when such change causes, (i) contract cost increase(s)
totaling less than \$300,000, or (ii) contract cost decrease(s) totaling
less than \$300,000, or (iii) a combination of contract cost increases
and decreases which in the aggregate total (i.e., the absolute value of
which is) less than \$300,000. Each such change shall be controlling in
making this determination, and such change shall not, for purposes of
determining the applicability of the clause, be added to any other
change(s) nor shall any change be split into sub-elements. The parties
recognize that several changes may be grouped together in bilateral
contract modification for administrative purposes.

2\. The clause applies to all contract changes issued and authorized
pursuant to Clause 52.243-2, and shall continue to apply to all such
changes issued and authorized from October 1, 2002 to September 30, 2004
under this contract. Change request issued dates under this clause shall
be based on the date authorized by contract Change Order (CCO), or
Supplemental Agreement (SA).

(End of Clause)

### H.6 LIMITATION OF APPLICABLE DOCUMENTS

Documents that are (i) referenced in this contract or (ii) referenced in
a document that is referenced in this contract are applicable to this
contract in their entirety, unless the text that references the document
states otherwise. These documents are listed in sections 2.1 and 2.2 of
SSP 50257 as set forth in Attachment J-7, and are controlled by revision
level.

Documents which are referenced in a document that is referenced in a
document that is referenced in this contract, are guidance/reference
documents and not "applicable documents" as that term is used in this
provision, or any similar context. These documents are listed in section
3.0 of SSP 50257 as set forth in Attachment J-7.

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

(End of clause)

H.7 CERTIFICATES OF FLIGHT READINESS (CoFRs)

The parties shall execute Certificates of Flight Readiness (CoFRs), in
accordance with SSP 52054. The intent of the signature is to reflect
satisfactory completion of particular contract efforts. The parties
agree that the signing of Certificates of Flight Readiness (CoFRs) by
Contractor and subcontractor personnel participating in the
International Space Station (ISS) Program shall not give rise to any
obligations or liabilities under this contract which are in addition to
those which Boeing has assumed under other terms and conditions hereof.
In particular, Contractor and its subcontractors do not assume (1) any
liability or responsibility for express, or implied warranties of any
type not otherwise provided in the contract, or (2) any additional
responsibilities under statute, law or regulation, which they would not
have if no certification was requested or provided.

(End of Clause)

H.8 ISS CONTRACT STRATEGY CONFLICT OF INTEREST AGREEMENT

An organizational conflict of interest exists for this contract as it
relates to the contracts awarded as part of the overall ISS Contract
Strategy in that the contractor may be in a position to favor its own
products or capabilities. Two of the six contracts to be awarded will be
responsible for support to ISS Program Management. The other four
contracts to be awarded will be responsible for the overall
implementation of these Program requirements. The intent of this clause
is to prohibit a contractor from developing Program requirements in one
of the aforementioned two contracts designed for "Support to ISS Program
Management" and also implementing those requirements in one of the
additional five contracts responsible for "ISS Program Implementation".
Therefore, the contractor, by signing this contractual document, fully
understands, agrees and will comply with the following conditions:

1)  The contractor will not perform work as a prime and will not submit
    any proposal(s) for the Program Integration and Control and the
    Mission Integration procurements. Any such proposal will be returned
    to the contractor by the Government.

2)  The contractor will perform no more than 49% (total contract costs)
    of the work as a subcontractor under any of the contracts mentioned
    above in number 1.

3)  The contractor shall not and will not make the day-to-day management
    decisions under any of the contracts set forth in number 1.

If by the performance of this contract, or by any other means, the
contractor believes he may violate any of these conditions above, the
contractor shall notify the Contracting Officer in writing immediately.

(End of Clause)

H.9 GOVERNMENT-PROVIDED RUSSIAN LANGUAGE AND LOGISTICS SERVICES (RLLS)

The contractor is authorized use of the following RLLS in performance of
this contract or any subcontract entered into under this contract:

1.  Russian Translations

2.  Russian Interpretations

3.  Russian Language training

4.  Russian Logistics services (both in the U.S. and in Russia),
    including a) Ground Services (e.g. airport pickup/drop-off,
    transportation between hotels and meeting locations); b) Meeting
    Services (e.g. coordination of schedules, agendas, and
    protocols); c) Hotel Reservations at the Penta Hotel in Russia;
    and d) Visa Coordination.

The Contracting Officer shall be promptly notified by the contractor
upon identification of a need for RLLS. The Contracting Officer shall
provide instructions as to the point of contact for submitting a request
for RLLS. Failure of the Government to provide adequate or timely RLLS
shall entitle the contractor to an equitable adjustment in all affected
contract terms and conditions, exclusive of any adjustment to fee. This
provision, including this flow-down requirement, shall be inserted in
all subcontracts where it is anticipated that RLLS may be necessary for
contract performance.

(End of Clause)

\[END OF SECTION\]