NNG12CR31C

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SECTION B - SUPPLIES OR SERVICES AND COSTS

B.1 SUPPLIES AND/OR SERVICES TO BE PROVIDED 001

The Contractor shall provide all resources (except as may be expressly stated in the contract as 

furnished by the Government) necessary to deliver and/or perform the items below in accordance 

with the Clause J.1, Attachment A ―Statement of Work‖, and Task Orders issued.

Item Description Reference Schedule Delivery 

Method/Addressee(s)

1 SOW Requirements As defined in 

individual task 

orders

As defined in 

individual task 

orders.

See Task Order(s)

2 Foreign Travel Requests 

and Foreign Travel 

Reports

Clause G.2 Requests – 30 days 

in advance of travel; 

Reports – Upon 

conclusion of travel

As specified in Contracting 

Officer’s (CO) travel approval

3 NASA Financial 

Management Reports

Clause G.3 and 

Clause G.5

Monthly and 

Quarterly in 

accordance with 

Attachment C

Electronic Format/ CO; 

Contracting Officer’s Technical 

Representative (COTR); 

Resource Analyst (RA) (Code 

501.0) & Finance Office (Code 

155.0)

4 Safety & Health Reporting Clause H.7 

1852.223-70 and 

Clause H.8

Monthly and 

Quarterly Reports

Electronic Format/Code 350; 

& CO

5 Requests for Government 

Property

Clause G.10

1852.245-70

30 days prior to 

approval need date

Hard Copy/CO

6 Financial Report of NASA 

Property in the Custody of 

Contractors (NF 1018)

Clause G.12 Annual report due by 

October 15th and 

Final Report as 

specified

NF 1018 Electronic 

Submission System (NESS)

7 New Technology /Patent 

Reportable Items

Clause G.1, G.9

and I.59 52.227-11

As required and 

Final Report

Electronic or Hard Copy 

Format/New Technology 

Representative

8 Personal Identity 

Verification (PIV) 

Documentation and 

Reporting

Clause H.4, H.5 10th calendar day of 

each month

Electronic Format/COTR; & 

Code 240

9 Equal Opportunity Reports Clause I.41,

52.222-26

As Specified by 

52.222-26

Electronic Format/ CO; & 

Code 120

10 Insurance Notification Clause I.66,

52.228-7 and I.120

1852.228-75

As Specified by 

1852.228-75

Electronic Format/CO

11 Subcontract Notification Clause I.101

52.244-2

30 days prior to 

subcontract award 

date

Hard Copy/CO

12 IT Security Management 

Plan

Clause I.113

1852.204-76

30 days after 

contract award, & 

annual updates as 

required

Electronic Format/CO
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Item Description Reference Schedule Delivery 

Method/Addressee(s)

13 Task Plans Clause B.7 and 

H.14

As Required in 

1852.216-80

NASA Task Order 

Management System (TOMS)

14 Final Task Order Report Clause C.2 Within 30 days of 

task order 

completion

Electronic Format/COTR; Task 

Monitor (TM); CO (letter 

transmittal only); & Hard 

Copy/CASI

15 Monthly Progress Reports Clause C.2 15th calendar day of 

each month

Electronic Format/COTR;TM; 

& CO (letter transmittal only)

16 Small Business 

Subcontracting Plan 

Reporting 

Clause H.11 and 

I.106 1852.219-75

Semi-Annual, April 

30th and October 

30th

Electronic Subcontract 

Reporting System (eSRS) and 

Summary Subcontract Reports 

(SSRs).

17 Contract Historical Data Clause G.6 and 

Attachment I

As Required in 

Clause G.6

Electronic Format/CO

(End of clause)

B.2 1852.216-74 ESTIMATED COST AND FIXED FEE (DEC 1991)

The estimated cost of this contract is $[TO BE NEGOTIATED BY TASK ORDER] exclusive of 

the fixed fee of $[TO BE NEGOTIATED BY TASK ORDER]. The total estimated cost and fixed 

fee is $[TO BE NEGOTIATED BY TASK ORDER].

(End of clause)

B.3 1852.232-81 CONTRACT FUNDING (JUN 1990)

(a) For purposes of payment of cost, exclusive of fee, in accordance with the Limitation of 

Funds clause, the total amount allotted by the Government to this contract is $943,396. 

This allotment is for cost and covers the following estimated period of performance: June 

1, 2012 through June 30, 2012.

(b) An additional amount of $56,604 is obligated under this contract for payment of fee.

(End of clause)

B. 4 ORDERING (52.216-18) (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of 

delivery orders or task orders by the individuals or activities designated in the Schedule. Such 

orders may be issued from the effective date of this contract through a five (5) year period 

afterwards (effective ordering period).

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the 

event of conflict between a delivery order or task order and this contract, the contract shall 

control.

(c) If mailed, a delivery order or task order is considered issued when the Government deposits 

the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce 
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methods only if authorized in the Schedule. 

(End of clause)

B.5 ORDER LIMITATIONS (52.216-19) (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract 

in an amount of less than $1,000 the Government is not obligated to purchase, nor is the 

Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of $15M;

(2) Any order for a combination of items in excess of $15M; or

(3) A series of orders from the same ordering office within fifteen (15) calendar days that 

together call for quantities exceeding the limitation in subparagraph (b) (1) or (2) of this 

section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-

21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of 

any one requirement from the Contractor if that requirement exceeds the maximum-order 

limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order 

exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is 

returned to the ordering office within three (3) calendar days after issuance, with written notice 

stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon 

receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

B.6 MINIMUM/MAXIMUM AMOUNT OF SUPPLIES OR SERVICES (COST REIMBURSEMENT) 

(GSFC 52.216-90) (APR 2008)

(a) The minimum amount of supplies or services that shall be ordered during the effective period 

of this contract is $1,000,000.00. The maximum amount of supplies or services that may be 

ordered during the effective period of this contract is $400,000,000.00. All orders placed under 

this contract will be applied to the minimum and maximum specified in this paragraph.

(b) The minimum amount is reached when the sum of the dollar amounts of all ordered supplies 

or services, except for any adjustments made pursuant to the Limitation of Cost or Limitation of 

Funds clause, equals or exceeds the minimum amount stated in paragraph (a).

(c) The maximum amount is reached when the sum of the dollar amounts of all ordered supplies 

or services, except for any adjustments made pursuant to the Limitation of Cost or Limitation of 

Funds clause, equals the maximum amount stated in paragraph (a).

(d) The maximum amount, if reached, precludes the issuance of further orders for supplies or 

services under this contract. However, reaching the maximum amount does not preclude 

adjustments to the dollar amounts of existing placed orders, for actions that are within the scope 

of the placed orders, and which are made pursuant to existing contract authority, such as the 

Changes clause.
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(e) The maximum amount may be adjusted unilaterally by the Government on an as needed 

basis. Historic, current, and/or projected workload requirements will be used to determine the 

amount of upward adjustment. In no event will the adjusted maximum amount exceed 30% of the 

original maximum amount.

(End of clause)

B.7 SUPPLEMENTAL TASK ORDERING PROCEDURES (COST REIMBURSEMENT) (GSFC 

52.216-91) (APR 2010)

(a) When the Government issues a request for a ―task plan‖ to the Contractor in accordance with 

the Clause entitled ―Task Ordering Procedure‖ of this contract, the Contractor shall prepare its 

estimate of the labor hours, labor categories, indirect costs, and other direct costs required to 

perform the task order requirements. The Contractor shall use only those appropriate labor and 

indirect cost rates, which may be less than but shall not exceed the rates found in Attachment B, 

to calculate the proposed estimated costs for all task orders issued in accordance with the ―Task 

Ordering Procedure‖ clause of this contract. 

(b) The Contractor‘s proposed approach/pricing of the representative tasks set forth in its 

proposal for award of this contract shall be used as reference by the Contracting Officer in 

negotiating tasks with the Contractor which are issued under this contract, but only to the extent 

portions of a representative task are relevant to portions of a task actually issued.

(c) The Government and Contractor agree that the fixed fee percentage specified in Attachment 

B shall be used to calculate the fixed fee dollars on all task orders issued in accordance with the 

―Task Ordering Procedure‖ clause of this contract. 

(End of clause)

B.8 ESTIMATED COST INCREASES (GSFC 52.232-94) (DEC 2005)

(a) The Contractor shall notify the Contracting Officer in writing when the Contractor has reason 

to believe that the total cost for performance of this contract, or any individual task order, 

exclusive of any fee, will be either greater or substantially less than the total estimated cost stated 

in this contract or in the task order. Notification shall not be delayed pending preparation of a 

proposal.

(b) A proposal is required to support a request for an increase in the estimated cost of the 

contract or the task order. The proposal should be submitted as soon as possible after the above 

notification but no later than 115 days before the incurred costs are expected to exceed the 

estimated cost. This will allow adequate time for the Government to evaluate the proposal and to 

mutually establish any increase in estimated cost with the Contractor.

(c)(1) The proposal shall be submitted in the following format unless some other format is 

directed or approved by the Contracting Officer:

Incurred costs to date

Projected cost to completion

Total cost at completion

Current negotiated estimated cost

Requested increase in estimated cost

(2) The ―projected cost to completion‖ shall consist of the following ―other than cost or 

pricing data‖ unless the Contracting Officer requests or approves the submittal of a greater or 

lesser amount of information:

(i) Elements of cost with supporting detail for estimated direct labor hours, direct 
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and indirect rates, materials and subcontracts, and other elements.

(ii) Supporting explanation for the increases and projections, sufficient for the 

Government to understand the reasons for the increased estimated cost.

(End of clause)

B.9 52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the 

period stated, in the Schedule. The quantities of supplies and services specified in the Schedule 

are estimates only and are not purchased by this contract. 

(b) Delivery or performance shall be made only as authorized by orders issued in accordance 

with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, 

the supplies or services specified in the Schedule up to and including the quantity designated in 

the Schedule as the "maximum." The Government shall order at least the quantity of supplies or 

services designated in the Schedule as the "minimum." 

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, 

there is no limit on the number of orders that may be issued. The Government may issue orders 

requiring delivery to multiple destinations or performance at multiple locations. 

(d) Any order issued during the effective period of this contract and not completed within that 

period shall be completed by the Contractor within the time specified in the order. The contract 

shall govern the Contractor's and Government's rights and obligations with respect to that order 

to the same extent as if the order were completed during the contract's effective period; provided, 

that the Contractor shall not be required to make any deliveries under this contract after (1) the 

end of the effective ordering period, or (2) no more than one (1) year from the end of the 

contract’s effective ordering period for those orders placed within the ordering period 

where performance extends beyond the end of the effective ordering period. 

(End of clause)

[END OF SECTION B]
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SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF WORK

The Contractor shall provide all resources (except as may be expressly stated in the contract as 

furnished by the Government) necessary to perform the work and to furnish the items specified in 

Section B, in accordance with the requirements set forth in the Statement of Work for Omnibus 

Multidiscipline Engineering Services for the Applied Engineering and Technology Directorate 

(AETD) incorporated in Section J as Attachment A, and task orders issued hereunder.

(End of Text)

C.2 REPORTS OF WORK

(a) Monthly progress reports. The Contractor shall submit monthly progress reports of all work 

accomplished covering all task orders active during each month of contract performance. 

Reports shall be in narrative form and brief and informal in content. They shall include a 

quantitative description of overall progress, an indication of any current problems which may 

impede performance and proposed corrective action, and a discussion of the work to be

performed during the next monthly reporting period.

(b) Final Task Order Report. The Contractor shall submit a final task order report for each 

completed task order that summarizes the results of the entire task order, including recommendations and conclusions based on the experience and results obtained. The final task order report 

should include, as appropriate, tables, graphs, diagrams, curves, sketches, photographs, and 

drawings in sufficient detail to comprehensively explain the results achieved under the task order. 

The final report shall also include the final incurred cost for the task order.

(c) Report Documentation Page. The copies provided to the Center for Aerospace Information 

shall have a completed Standard Form 298, Report Documentation Page, as the last page. Refer 

to NASA FAR Supplement clause 1852.235-73, "FINAL SCIENTIFIC AND TECHNICAL 

REPORTS" of this contract.

(d) Submission. The Contractor shall submit the report required by this clause as follows:

[M=Monthly, F=Final]

Copies Report 

Type

Addressee Mail Code

1 M,F Contracting Officer 210.3

1 M,F Contracting Officer's Technical Representative 

(COTR)

560

1 M,F Task Monitor See Task Order

1 F Center for Aerospace Information (CASI) Attn: 

Acquisitions Collections Development Specialist 

7115 Standard Drive, 

Hanover, Maryland 21076-1320

(e) Submission dates. Monthly reports shall be submitted by the 15th day of the month following 

the month being reported. If the task order is awarded beyond the middle of a month, the first 

monthly report shall cover the period from award until the end of the following month. The final 

report for each task order shall be submitted within 30 days after completion of the task order.

.

(End of Text)
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C.3 LIMITED RIGHTS DATA OR RESTRICTED COMPUTER SOFTWARE (GSFC 52.227-90) 

(MAR 2008)

In accordance with the delivery requirements of this contract, all software data rights shall be 

delivered in accordance with the Rights in Data – General clause, specified elsewhere in this 

contract, except for the following: NONE

(End of clause)

[END OF SECTION C]
 NNG12CR31C

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SECTION D - PACKAGING AND MARKING

D.1 1852.211-70 PACKAGING, HANDLING, AND TRANSPORTATION (SEP 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)

NOTE: Class I, II, and III designations for Task Order deliverables will be specified in each 

individual task order at the time of task order issuance. All reports/documentation 

deliverables specified under Clause B.1, unless specified (electronic format, etc.), are 

considered Class IV and shall be shipped via the most advantageous commercial 

transportation means considered to be in the best interest of the Government.

[END OF SECTION D]
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SECTION E - INSPECTION AND ACCEPTANCE

E.1 ACCEPTANCE—LOCATION(S) (GSFC 52.246-93) (APR 2008)

The Contracting Officer or authorized representative will accomplish acceptance at 

NASA/Goddard Space Flight Center or other locations as specified in individual work 

assignments. The Contracting Officer reserves the right to designate other Government agents 

as authorized representatives. The Contractor will be notified by a written notice or by a copy of 

the delegation letter if other agents are authorized.

(End of clause)

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

The Contractor shall maintain records evidencing inspections in accordance with the Inspection 

clause of this contract for five (5) years after delivery of all items and/or completion of all services 

called for by the contract.

(End of clause)

E.3 MATERIAL INSPECTION AND RECEIVING REPORT NOT REQUIRED (GSFC 52.246-94) 

(APR 1989)

NASA FAR Supplement clause 18-52.246-72 of this contract requires the furnishing of a Material 

Inspection and Receiving Report (MIRR) (DD Form 250 series) at the time of each delivery under 

this contract. However, a MIRR is not required for the following paper/electronic deliverables:

 Services Rendered

 Reports/Documentation

(End of clause)

E.4 52.246-3 INSPECTION OF SUPPLIES – COST-REIMBURSEMENT (MAY 2001) 

NOTE: Clause E.4 applies only to Task Orders issued for Supplies

E. 5 52.246-5 INSPECTION OF SERVICES – COST-REIMBURSEMENT (APR 1984)

NOTE: Clause E.5 applies only to Task Orders issued for Services

E. 6 52.246-8 INSPECTION OF RESEARCH AND DEVELOPMENT – COST 

REIMBURSEMENT (MAY 2001)

NOTE: Clause E.6 applies only to Task Orders issued for End-Items

E.7 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT. (FEB 1999)

The Contractor shall comply with the higher-level quality standard selected below:

(a) ANSI/ISO/ASQ Q9001-2000 Quality Management System (QMS) requirements as 

documented on-line in the GSFC QMS system 

(http://gsfcmanagementsystem.gsfc.nasa.gov/fundamentals.cfm). 

-or

(b) The Aerospace Standard (AS) 9100. Additional quality requirements may also be specified 

in individual work assignments.

―Compliant‖ means that the contractor has defined, documented, and will continually implement 

during the term of the contract management-approved methods of operation that conform to the 
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requirements given in the above-cited International Standard.

-and

(c) Attachment F – Quality Assurance Plan (QAP)

(End of clause)

E.8 1852.246-72 MATERIAL INSPECTION AND RECEIVING REPORT. (AUG 2003)

At the time of each delivery to the Government under this contract, the Contractor shall furnish a 

Material Inspection and Receiving Report (DD Form 250 series) prepared in an original copy and 

sufficient other copies to accomplish the following distribution: 

(1) Via mail and marked ―Advance Copy‖, one copy each to the Contracting Officer, the 

Contracting Officer‘s Technical Representative, and to the cognizant Administrative 

Contracting Officer, if any.

(2) Via mail, the original and 1 copy (unfolded) to the shipment address (delivery point) 

specified in Section F of this contract. Mark the exterior of the envelope ―CONTAINS DD 

FORM 250‖. This must arrive prior to the shipment

(3) With shipment in waterproof envelope (one copy) for the consignee.

(4) If the shipment address is not directly to the Goddard Space Flight Center (Greenbelt 

or Goddard Space Flight Center (Wallops) central receiving areas, the one copy of the 

DD Form 250 must be provided (via mail) to one of the following addresses depending 

upon whether this contract is with GSFC Greenbelt or GSFC Wallops:

Receiving and Inspection (Code 279), Goddard Space Flight Center, Greenbelt, 

MD 20771

Receiving and Inspection (Bldg. F16), Wallops Flight Facility, Wallops Island, VA 

23337

(b) The Contractor shall prepare the DD Form 250 in accordance with NASA FAR Supplement 

1846.6. The Contractor shall enclose the copies of the DD Form 250 in the package or seal them 

in a waterproof envelope, which shall be securely attached to the exterior of the package in the 

most protected location.

(c) When more than one package is involved in a shipment, the Contractor shall list on the DD 

Form 250, as additional information, the quantity of packages and the package numbers. The 

Contractor shall forward the DD Form 250 with the lowest numbered package of the shipment 

and print the words "CONTAINS DD FORM 250" on the package.

(End of clause)

E.9 CLAUSES INCORPORATED BY REFERENCE -- SECTION E

Clause E.4 through E.6 at the beginning of this Section is incorporated by reference, with the 

same force and effect as if they were given in full text. Clauses incorporated by reference which 

require a fill-in by the Government include the text of the affected paragraph(s) only. This does 

not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding 

and complying with the entire clause. The full text of the clause is available at the addresses 

contained in clause 52.252-2, Clauses Incorporated by Reference, of this contract.

(End of clause)

[END OF SECTION E]
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SECTION F - DELIVERIES AND PERFORMANCE

F.1 EFFECTIVE ORDERING PERIOD-TASK ORDERS

The Government may issue task orders for a period of five (5) years after the contract start date

of June 1, 2012. New Task Orders shall not be issued after the expiration of the effective ordering 

period. 

(End of text)

F.2 52.242-15 STOP-WORK ORDER (AUG 1989) - ALTERNATE I (APR 1984)

F.3 52.247-34 F.O.B. DESTINATION. (NOV 1991)

F.4 PLACE OF PERFORMANCE - SERVICES 

The services to be performed under this contact shall be performed at the following location(s): 

NASA Goddard Space Flight Center, the Contractor‘s off-site facilities, and as specified in Task 

Orders issued. 

(End of text)

F.5 SHIPPING INSTRUCTIONS--CENTRAL RECEIVING (GSFC 52.247-94) (JUN 2006)

Shipments of the items required under this contract shall be to:

Receiving Officer

Building 16W

Code 279

Goddard Space Flight Center

Greenbelt, Maryland 20771

Marked for:

Technical Officer (Name):______________ Code: _____________________

Building: ___________________________ Room: _____________________

Contract No.:________________________

Item(s) No.__________________________

Compliance with this clause is necessary to assure verification of delivery and acceptance and 

prompt payment.

(End of clause)

F.6 CLAUSES INCORPORATED BY REFERENCE -- SECTION F

Clause(s) F.2 and F.3 at the beginning of this Section are incorporated by reference, with the 

same force and effect as if they were given in full text. Clauses incorporated by reference which 

require a fill-in by the Government include the text of the affected paragraph(s) only. This does 

not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding 

and complying with the entire clause. The full text of the clause is available at the addresses 

contained in clause 52.252-2, Clauses Incorporated by Reference, of this contract.
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(End of clause)

[END OF SECTION F]
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SECTION G - CONTRACT ADMINISTRATION DATA

G.1 1852.227-70 NEW TECHNOLOGY (MAY 2002)

G.2 1852.242-71 TRAVEL OUTSIDE OF THE UNITED STATES (DEC 1988)

G.3 1852.242-73 NASA CONTRACTOR FINANCIAL MANAGEMENT REPORTING (NOV 2004)

G.4 1852.216-75 PAYMENT OF FIXED FEE (DEC 1988)

The fixed fee shall be paid in monthly installments based upon the percentage of completion of 

work as determined by the Contracting Officer.

(End of clause)

G.5 FINANCIAL MANAGEMENT REPORTING (GSFC 52.242-90) (JAN 2012)

(a) Requirements. This clause provides the supplemental instructions referred to in NASA FAR 

Supplement (NFS) clause 1852.242-73. The NFS clause and NASA Procedural Requirements 

(NPR) 9501.2E, ―NASA Contractor Financial Management Reporting‖, establish report due dates 

and other financial management reporting requirements. NPR 9501.2E permits withholding of 

payment for noncompliance.

(b) Supplemental instructions. (1) Monthly (NF 533M) reports are required. Quarterly (NF 533Q) 

reports are also required. The reporting structure shall be in accordance with Attachment C of 

Section J of this contract.

(2) As stated in NPR 9501.2E, NASA strongly encourages electronic contractor cost reporting. 

The preferred formats are Excel and Adobe. Contact the Contracting Officer for any E-Mail 

addresses that are not provided or which become noncurrent. 

Distribution shall be as follows:

Contracting Officer, Code 210.M

E-Mail: Antwan.G.Reid@nasa.gov

Contracting Officer‘s Technical Representative, Code 560

E-Mail: Robert.S.Lebair@nasa.gov

Resources Analyst, Code 549

E-Mail: Deanne.M.Thomas@nasa.gov

Regional Finance Office Cost Team, Code 155.2

E-Mail: GSFC-rfocateam@lists.nasa.gov

Administrative Contracting Officer (if delegated)

(c) Web site. NPR 9501.2E, ―NASA Contractor Financial Management Reporting‖:

http://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=9501&s=2E

(End of clause)
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G.6 ADVANCED AGREEMENT BETWEEN THE PARTIES: REQUIREMENT TO PROVIDE 

CONTRACT HISTORICAL DATA (GSFC 52.242-91) (MAR 2011)

(a) NASA may issue a competitive solicitation for a follow-on effort for services similar to 

those provided under this contract. As part of this follow-on competition, NASA may 

include historical labor category descriptions, full-time equivalents (FTEs), average

weighted direct labor rates, and other information from this contract in the follow-on 

solicitation for use by all potential offerors. Including this data in the solicitation is 

intended to ensure a comprehensive and fair evaluation of competitive proposals and 

increase the probability that realistic pricing is provided in future proposals submitted. 

Minimizing the potential risk for unrealistic or unsubstantiated pricing materially reduces 

the risk that cost could become an inappropriate discriminator among competing offerors. 

(b) Based on the above, the Contractor shall, within 30 days of a written request from the 

Contracting Officer, provide and deliver all of the information included in Attachment I, 

CONTRACT HISTORICAL DATA, of the contract.

(End of Clause)

G.7 PROPERTY CLAUSE APPLICABILITY—ON-SITE AND OFF-SITE (GSFC 52.245-96) 

(MAR 2011)

(a) Performance of this contract requires that Contractor personnel and any furnished and/or 

acquired Government property be located at both Government controlled and managed premises 

(on-site) and at Contractor controlled and managed premises (off-site). The requirements for 

control and accountability of Government property differ depending upon the location of the 

property. The applicability of the clauses in this contract to on-site and to off-site locations is 

indicated below.

(b) Clauses applicable to both on-site and off-site locations.

FAR clause 52.245-1, ―Government Property‖

FAR clause 52.245-9, ―Use and Charges‖

NASA FAR Supplement clause 1852.245-70, ―Contractor Requests for Government-Provided 

Equipment‖

NASA FAR Supplement clause 1852.245-72, ―Liability for Government Property Furnished for 

Repair or Other Services‖ 

NASA FAR Supplement clause 1852.245-74, ―Identification and Marking of Government 

Equipment‖

NASA FAR Supplement clause1852.245-75, ―Property Management Changes‖

NASA FAR Supplement clause 1852.245-78, ―Physical Inventory of Capital Personal Property‖

NASA FAR Supplement clause 1852.245-79, ―Records and Disposition Reports for Government 

Property with Potential Historic or Significant Real Value‖
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NASA FAR Supplement clause 1852.245-83, ―Real Property Management Requirements‖

(c) Clauses applicable only to off-site locations.

NASA FAR Supplement clause 1852.245-73, ―Financial Reporting of NASA Property in the 

Custody of Contractors"

NASA FAR Supplement clause 1852.245-76, ―List of Government Property Furnished Pursuant to 

FAR 52.245-1‖

(d) Clauses applicable only to on-site locations.

FAR clause 52.245-2, ―Government Property Installation Operation Services‖

NASA FAR Supplement clause 1852.245-71, ―Installation-Accountable Government Property"

NASA FAR Supplement clause 1852.245-77, ―List of Government Property Furnished Pursuant to 

FAR 52.245-2‖

NASA FAR Supplement clause 1852.245-82, ―Occupancy Management Requirements‖

GSFC clause 52.245-93, ―Reports of Contractor Acquired Government Property‖

(End of clause)

G.8 1852.216-87 SUBMISSION OF VOUCHERS FOR PAYMENT. (MAR 1998)

(a) The designated billing office for cost vouchers for purposes of the Prompt Payment 

clause of this contract is indicated below. Public vouchers for payment of costs shall 

include a reference to the number of this contract.

(b) (1) If the contractor is authorized to submit interim cost vouchers directly to the NASA 

paying office, the original voucher should be submitted to:

NASA Shared Services Center (NSSC), 

Financial Management Division (FMD) – Accounts Payable, 

Bldg 1111, C. Road, Stennis Space Center, MS 39529

Email: NSSC-AccountsPayable@nasa.gov. 

(2) For any period that the Defense Contract Audit Agency has authorized the 

Contractor to submit interim cost vouchers directly to the Government paying 

office, interim vouchers are not required to be sent to the Auditor, and are 

considered to be provisionally approved for payment, subject to final audit.

(3) Copies of vouchers should be submitted as directed by the Contracting 

Officer.

(c) If the contractor is not authorized to submit interim cost vouchers directly to the paying 

office as described in paragraph (b), the contractor shall prepare and submit vouchers as 

follows:

(1) One original Standard Form (SF) 1034, SF 1035, or equivalent Contractor's 

attachment to: 
 NNG12CR31C

16

Columbia Branch Office, Mid Atlantic Region

Ms. Sue Schildwachter (Branch Manager)

10025 Governor Warfield Parkway, Suite 200

 Columbia, MD 21044-3329

(2) RESERVED

(3) The Contracting Officer may designate other recipients as required.

(d) Public vouchers for payment of fee shall be prepared similarly to the procedures in 

paragraphs (b) or (c) of this clause, whichever is applicable, and be forwarded to:

NASA Shared Services Center (NSSC), 

Financial Management Division (FMD) – Accounts Payable, 

Bldg 1111, C. Road, Stennis Space Center, MS 39529

Email: NSSC-AccountsPayable@nasa.gov. 

This is the designated billing office for fee vouchers for purposes of the Prompt Payment 

clause of this contract.

(e) In the event that amounts are withheld from payment in accordance with provisions of 

this contract, a separate voucher for the amount withheld will be required before payment 

for that amount may be made.

(End of clause)

G.9 1852.227-72 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND PATENT 

REPRESENTATIVE. (JUL 1997)

(a) For purposes of administration of the clause of this contract entitled "New 

Technology" or "Patent Rights - Ownership by the Contractor," whichever is included, the 

following named representatives are hereby designated by the Contracting Officer to 

administer such clause:

New Technology Representative

Code 504, NASA Goddard Space Flight Center

Patent Representative

Code 140.1, NASA Goddard Space Flight Center

(b) Reports of reportable items, and disclosure of subject inventions, interim reports, final 

reports, utilization reports, and other reports required by the clause, as well as any 

correspondence with respect to such matters, should be directed to the New Technology 

Representative unless transmitted in response to correspondence or request from the 

Patent Representative. Inquires or requests regarding disposition of rights, election of 

rights, or related matters should be directed to the Patent Representative. This clause 

shall be included in any subcontract hereunder requiring a "New Technology" clause or 

"Patent Rights - Ownership by the Contractor" clause, unless otherwise authorized or 

directed by the Contracting Officer. The respective responsibilities and authorities of the 

above-named representatives are set forth in 1827.305-370 of the NASA FAR 

Supplement.

(End of clause)
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17

G.10 1852.245-70 CONTRACTOR REQUESTS FOR GOVERNMENT-PROVIDED EQUIPMENT

(JAN 2011)

(a) The Contractor shall provide all property required for the performance of this contract. 

The Contractor shall not acquire or construct items of property to which the Government 

will have title under the provisions of this contract without the Contracting Officer's written 

authorization. Property which will be acquired as a deliverable end item as material or as 

a component for incorporation into a deliverable end item is exempt from this 

requirement. Property approved as part of the contract award or specifically required 

within the statement of work is exempt from this requirement.

(b)(1) In the event the Contractor is unable to provide the property necessary for 

performance, and the Contractor requests provision of property by the Government, the 

Contractor's request shall -

(i) Justify the need for the property;

(ii) Provide the reasons why contractor-owned property cannot be used;

(iii) Describe the property in sufficient detail to enable the Government to 

screen its inventories for available property or to otherwise acquire 

property, including applicable manufacturer, model, part, catalog, 

National Stock Number or other pertinent identifiers;

(iv) Combine requests for quantities of items with identical descriptions 

and estimated values when the estimated values do not exceed 

$100,000 per unit; and

(v) Include only a single unit when the acquisition or construction value 

equals or exceeds $100,000.

(2) Contracting Officer authorization is required for items the Contractor intends 

to manufacture as well as those it intends to purchase.

(3) The Contractor shall submit requests to the Contracting Officer no less than 

30 days in advance of the date the Contractor would, should it receive 

authorization, acquire or begin fabrication of the item.

(c) The Contractor shall maintain copies of Contracting Officer authorizations, 

appropriately cross-referenced to the individual property record, within its property 

management system.

(d) Property furnished from Government excess sources is provided as-is, where-is. The 

Government makes no warranty regarding its applicability for performance of the contract 

or its ability to operate. Failure of property obtained from Government excess sources 

under this clause is insufficient reason for submission of requests for equitable 

adjustments discussed in the clause at FAR 52.245-1, Government Property, as 

incorporated in this contract.

(End of clause)

G.11 1852.245-71 INSTALLATION - ACCOUNTABLE GOVERNMENT PROPERTY (JAN 2011)

(a) The Government property described in paragraph (c) of this clause may be made available to 

the Contractor on a no-charge basis for use in performance of this contract. This property shall be 

utilized only within the physical confines of the NASA installation that provided the property 
 NNG12CR31C

18

unless authorized by the Contracting Officer under (b)(1)(iv). Under this clause, the Government 

retains accountability for, and title to, the property, and the Contractor shall comply with the 

following:

(1) NASA Procedural Requirements (NPR) 4100.1, NASA Materials Inventory 

Management Manual;

(2) NASA Procedural Requirements (NPR) 4200.1, NASA Equipment Management 

Procedural Requirements;

(3) NASA Procedural Requirement (NPR) 4300.1, NASA Personal Property Disposal 

Procedural Requirements;

(4) Notify the cognizant property custodian, COTR, and the Installation Security Officer

immediately if theft of Government property is suspected or property cannot be located 

(5) Identify Government property equipment that is no longer considered necessary for 

performance of the contract. 

(6) Ensure that equipment is turned in to the Property Disposal Officer through the 

cognizant property custodian when no longer needed. This is the only acceptable 

procedure for disposal of Government property.

(7) Do not relocate Government property within Government premises or remove 

Government property from Government premises without written approval.

(8) Ensure that Government property, including property leased to the Government, is 

used only for the purposes of performing the contract.

(9) Ensure that Government property is protected and conserved.

 Property not recorded in NASA property systems must be managed in accordance with the 

requirements of the clause at FAR 52.245-1, as incorporated in this contract.

 The Contractor shall establish and adhere to a system of written procedures to assure 

continued, effective management control and compliance with these user responsibilities. In 

accordance with FAR 52.245-1(h)(1) the contractor shall be liable for property lost, damaged, 

destroyed or stolen by the contractor or their employees when determined responsible by a 

NASA Property Survey Board, in accordance with the NASA guidance in this clause.

 (b)(1) The official accountable recordkeeping, financial control, and reporting of the property 

subject to this clause shall be retained by the Government and accomplished within NASA 

management information systems prescribed by the installation Supply and Equipment 

Management Officer (SEMO) and Financial Management Officer. If this contract provides for the 

Contractor to acquire property, title to which will vest in the Government, the following additional 

procedures apply:

 (i) The Contractor's purchase order shall require the vendor to deliver the property to the 

installation central receiving area.

 (ii) The Contractor shall furnish a copy of each purchase order, prior to delivery by the vendor, 

to the installation central receiving area.

 (iii) The Contractor shall establish a record for Government titled property as required by FAR 

52.245-1, as incorporated in this contract, and shall maintain that record until accountability is 

accepted by the Government.

 (iv) Contractor use of Government property at an off-site location and off-site subcontractor use 

requires advance approval of the Contracting Officer and notification of the Industrial Property 

Officer. The property shall be considered Government furnished and the Contractor shall assume 

accountability and financial reporting responsibility. The Contractor shall establish records and 

property control procedures and maintain the property in accordance with the requirements of 

FAR 52.245-1, Government Property (as incorporated in this contract), until its return to the 

installation. NASA 

Procedural Requirements related to property loans shall not apply to offsite use of property by 

contractors.

 (2) After transfer of accountability to the Government, the Contractor shall continue to maintain 

such internal records as are necessary to execute the user responsibilities identified in paragraph 
 NNG12CR31C

19

(a) of this clause and document the acquisition, billing, and disposition of the property. These 

records and supporting documentation shall be made available, upon request, to the SEMO and 

any other authorized representatives of the Contracting Officer.

 (c) The following property and services are provided if checked:

 (1) Office space, work area space, and utilities. Government telephones are available for 

official purposes only.

 (2) Office furniture.

 (3) Property will be listed in Task Orders, if applicable.

 (i) If the Contractor acquires property, title to which vests in the Government pursuant to other 

provisions of this contract, this property also shall become accountable to the Government upon 

its entry into Government records.

 (ii) The Contractor shall not bring to the installation for use under this contract any property 

owned or leased by the Contractor, or other property that the Contractor is accountable for under 

any other Government contract, without the Contracting Officer's prior written approval.

 (4) Supplies from stores stock.

 (5) Publications and blank forms stocked by the installation.

 (6) Safety and fire protection for Contractor personnel and facilities.

 (7) Installation service facilities: Outsourcing Desk Top Initiative for NASA (ODIN) Services.

 (8) Medical treatment of a first-aid nature for Contractor personnel injuries or illnesses 

sustained during on-site duty.

 (9) Cafeteria privileges for Contractor employees during normal operating hours.

 (10) Building maintenance for facilities occupied by Contractor personnel.

 (11) Moving and hauling for office moves, movement of large equipment, and delivery of 

supplies. Moving services may be provided on-site, as approved by the Contracting Officer.

(End of clause)

G.12 1852.245-73 FINANCIAL REPORTING OF NASA PROPERTY IN THE CUSTODY OF 

CONTRACTORS (JAN 2011)

(a) The Contractor shall submit annually a NASA Form (NF) 1018, NASA Property in the 

Custody of Contractors, in accordance with this clause, the instructions on the form and

NFS subpart 1845.71, and any supplemental instructions for the current reporting period 

issued by NASA.

(b)(1) Subcontractor use of NF 1018 is not required by this clause; however, the 

Contractor shall include data on property in the possession of subcontractors in the 

annual NF 1018.

(2) The Contractor shall mail the original signed NF 1018 directly to the NASA 

Goddard Space Flight Center (GSFC) General Accounting Department, General 

Ledger Section, Code 157 Greenbelt, MD 20771, unless the Contractor uses the 

NF 1018 Electronic Submission System (NESS) for report preparation and 

submission.

(3) One copy shall be submitted (through the Department of Defense (DOD) 

Property Administrator if contract administration has been delegated to DOD) to 

the following address: : NASA Goddard Space Flight Center, Supply and 

Equipment Management Branch, Code 273, Greenbelt, MD 20771, unless the 

Contractor uses the NF 1018 Electronic Submission System (NESS) for report 

preparation and submission.

(c)(1) The annual reporting period shall be from October 1 of each year through 

September 30 of the following year. The report shall be submitted in time to be received 

by October 15. The information contained in these reports is entered into the NASA 
 NNG12CR31C

20

accounting system to reflect current asset values for agency financial statement 

purposes. Therefore, it is essential that required reports be received no later than 

October 15. Some activity may be estimated for the month of September, if necessary, to 

ensure the NF 1018 is received when due. However, contractors' procedures must 

document the process for developing these estimates based on planned activity such as 

planned purchases or NASA Form 533 (NF 533 Contractor Financial Management 

Report) cost estimates. It should be supported and documented by historical experience 

or other corroborating evidence, and be retained in accordance with FAR Subpart 4.7, 

Contractor Records Retention. Contractors shall validate the reasonableness of the 

estimates and associated methodology by comparing them to the actual activity once that 

data is available, and adjust them accordingly. In addition, differences between the 

estimated cost and actual cost must be adjusted during the next reporting period. 

Contractors shall have formal policies and procedures, which address the validation of 

NF 1018 data, including data from subcontractors, and the identification and timely 

reporting of errors. The objective of this validation is to ensure that information reported is 

accurate and in compliance with the NASA FAR Supplement. If errors are discovered on 

NF 1018 after submission, the contractor shall contact the cognizant NASA Center 

Industrial Property Officer (IPO) within 30 days after discovery of the error to discuss 

corrective action.

(2) The Contracting Officer may, in NASA's interest, withhold payment until a reserve not 

exceeding $25,000 or 5 percent of the amount of the contract, whichever is less, has 

been set aside, if the Contractor fails to submit annual NF 1018 reports in accordance 

with NFS subpart 1845.71 and any supplemental instructions for the current reporting 

period issued by NASA. Such reserve shall be withheld until the Contracting Officer has 

determined that NASA has received the required reports. The withholding of any amount 

or the subsequent payment thereof shall not be construed as a waiver of any 

Government right.

(d) A final report shall be submitted within 30 days after disposition of all property subject 

to reporting when the contract performance period is complete in accordance with 

paragraph (b)(1) through (3) of this clause.

(End of clause)

G.13 1852.245-74 IDENTIFICATION AND MARKING OF GOVERNMENT EQUIPMENT (JAN 

2011)

(a) The Contractor shall identify all equipment to be delivered to the Government using 

NASA Technical Handbook (NASA-HDBK) 6003, Application of Data Matrix Identification 

Symbols to Aerospace Parts Using Direct Part Marking Methods/Techniques, and NASA 

Standard (NASA-STD) 6002, Applying Data Matrix Identification Symbols on Aerospace 

Parts or through the use of commercial marking techniques that: (1) are sufficiently 

durable to remain intact through the typical lifespan of the property: and, (2) contain the 

data and data format required by the standards. This requirement includes deliverable 

equipment listed in the schedule and other equipment when no longer required for 

contract performance and NASA directs physical transfer to NASA or a third party. The 

Contractor shall identify property in both machine and human readable form unless the 

use of a machine readable-only format is approved by the NASA Industrial Property 

Officer.

(b) Equipment shall be marked in a location that will be human readable, without 

disassembly or movement of the equipment, when the items are placed in service unless 

such placement would have a deleterious effect on safety or on the item's operation. 

(c) Concurrent with equipment delivery or transfer, the Contractor shall provide the 
 NNG12CR31C

21

following data in an electronic spreadsheet format:

(1) Item Description.

(2) Unique Identification Number (License Tag).

(3) Unit Price.

(4) An explanation of the data used to make the unique identification number.

(d) For equipment no longer needed for contract performance and physically transferred 

under paragraph (a) of this clause, the following additional data is required:

(1) Date originally placed in service.

(2) Item condition.

(e) The data required in paragraphs (c) and (d) of this clause shall be delivered to the 

NASA center receiving activity listed below:

NASA Goddard Space Flight Center

Building 16W, Code 279

Greenbelt, MD 20771

(f) The contractor shall include the substance of this clause, including this paragraph (f), 

in all subcontracts that require delivery of equipment.

(End of clause)

G.14 1852.245-75 PROPERTY MANAGEMENT CHANGES (JAN 2011)

(a) The Contractor shall submit any changes to standards and practices used for 

management and control of Government property under this contract to the assigned 

property administrator prior to making the change whenever the change -

(1) Employs a standard that allows increase in thresholds or changes the timing 

for reporting loss, damage, or destruction of property;

(2) Alters physical inventory timing or procedures;

(3) Alters recordkeeping practices;

(4) Alters practices for recording the transport or delivery of Government 

property; or

(5) Alters practices for disposition of Government property.

(End of clause)

G.15 LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO FAR 52.245-1 

(1852.245-76) (JAN 2011)

For performance of work under this contract, the Government will make available Government 

property identified on a task by task basis within the Task Order issued, if applicable, on a no 

charge-for-use basis pursuant to the clause at FAR 52.245-1, Government Property, as 

incorporated in this contract. The Contractor shall use this property in the performance of this 
 NNG12CR31C

22

contract at NASA Goddard Space Flight Center and at other location(s) as may be approved by 

the Contracting Officer. Under FAR 52.245-1, the Contractor is accountable for the identified 

property.

(End of clause)

G.16 1852.245-78 PHYSICAL INVENTORY OF CAPITAL PERSONAL PROPERTY (JAN 2011)

(a) In addition to physical inventory requirements under the clause at FAR 52.245-1, 

Government Property, as incorporated in this contract, the Contractor shall conduct 

annual physical inventories for individual property items with an acquisition cost 

exceeding $100,000.

(1) The Contractor shall inventory -

(I) Items of property furnished by the Government;

(ii) Items acquired by the Contractor and titled to the Government under 

the clause at FAR 52.245-1;

(iii) Items constructed by the Contractor and not included in the 

deliverable, but titled to the Government under the clause at FAR 

52.245-1; and

(iv) Complete but undelivered deliverables.

(2) The Contractor shall use the physical inventory results to validate the property 

record data, specifically location and use status, and to prepare summary reports 

of inventory as described in paragraph (c) of this clause.

(b) Unless specifically authorized in writing by the Property Administrator, the inventory 

shall be performed and posted by individuals other than those assigned custody of the 

items, responsibility for maintenance, or responsibility for posting to the property record. 

The Contractor may request a waiver from this separation of duties requirement from the 

Property Administrator, when all of the conditions in either (1) or (2) of this paragraph are 

met.

(1) The Contractor utilizes an electronic system for property identification, such 

as a laser bar-code reader or radio frequency identification reader, and

(i) The programs or software preclude manual data entry of inventory 

identification data by the individual performing the inventory; and

(ii) The inventory and property management systems contain sufficient 

management controls to prevent tampering and assure proper posting of 

collected inventory data.

(2) The Contractor has limited quantities of property, limited personnel, or limited 

property systems; and the Contractor provides written confirmation that the 

Government property exists in the recorded condition and location;

(3) The Contractor shall submit the request to the cognizant property 

administrator and obtain approval from the property administrator prior to 

implementation of the practice.

(c) The Contractor shall report the results of the physical inventory to the property 
 NNG12CR31C

23

administrator within 10 calendar days of completion of the physical inventory. The report 

shall -

(1) Provide a summary showing number and value of items inventoried; and

(2) Include additional supporting reports of -

(i) Loss in accordance with the clause at 52.245-1, Government 

Property;

(ii) Idle property available for reuse or disposition; and

(iii) A summary of adjustments made to location, condition, status, or 

user as a result of the physical inventory reconciliation.

(d) The Contractor shall retain auditable physical inventory records, including records 

supporting transactions associated with inventory reconciliation. All records shall be 

subject to Government review and/or audit. 

(End of clause)

G.17 1852.245-82 OCCUPANCY MANAGEMENT REQUIREMENTS (JAN 2011)

(a) In addition to the requirements of the clause at FAR 52.245-1, Government Property, 

as included in this contract, the Contractor shall comply with the following in performance 

of work in and around Government real property:

(1) NPD 8800.14, Policy for Real Property Management.

(2) NPR 8831.2, Facility Maintenance Management.

(b) The Contractor shall obtain the written approval of the Contracting Officer before 

installing or removing Contractor-owned property onto or into any Government real 

property or when movement of Contractor-owned property may damage or destroy 

Government-owned property. The Contractor shall restore damaged property to its 

original condition at the Contractor's expense.

(c) The Contractor shall not acquire, construct or install any fixed improvement or 

structural alterations in Government buildings or other real property without the advance, 

written approval of the Contracting Officer. Fixed improvement or structural alterations, as 

used herein, means any alteration or improvement in the nature of the building or other 

real property that, after completion, cannot be removed without substantial loss of value 

or damage to the premises. Title to such property shall vest in the Government.

(d) The Contractor shall report any real property or any portion thereof when it is no 

longer required for performance under the contract, as directed by the Contracting 

Officer.

(End of Clause)

G.18 INDIVIDUALS AUTHORIZED TO ISSUE ORDERS 031

The following personnel are authorized to issue orders under this contract. All designated 

personnel are employed by the NASA Goddard Space Flight Center unless otherwise indicated:

Contracting Officer, Code 210
 NNG12CR31C

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(End of clause)

G.19 CLAUSES INCORPORATED BY REFERENCE -- SECTION G

Clause(s) G.1, G.2, and G.3 at the beginning of this Section are incorporated by reference, with 

the same force and effect as if they were given in full text. Clauses incorporated by reference 

which require a fill-in by the Government include the text of the affected paragraph(s) only. This 

does not limit the clause to the affected paragraph(s). The Contractor is responsible for 

understanding and complying with the entire clause. The full text of the clause is available at the 

addresses contained in clause 52.252-2, Clauses Incorporated by Reference, of this contract.

(End of clause)

[END OF SECTION G]
 NNG12CR31C

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 1852.208-81 RESTRICTIONS ON PRINTING AND DUPLICATING (NOV 2004)

H.2 1852.244-70 GEOGRAPHIC PARTICIPATION IN THE AEROSPACE PROGRAM. (APR 

1985)

H.3 1852.225-70 EXPORT LICENSES (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, 

including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 

130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in 

the performance of this contract. In the absence of available license 

exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate 

licenses or other approvals, if required, for exports of hardware, technical data, and 

software, or for the provision of technical assistance.

(b) The Contractor shall be responsible for obtaining export licenses, if required, before 

utilizing foreign persons in the performance of this contract, including instances where the 

work is to be performed on-site at NASA Goddard Space Flight Center, where the foreign 

person will have access to export-controlled technical data or software.

(c) The Contractor shall be responsible for all regulatory record keeping requirements 

associated with the use of licenses and license exemptions/exceptions.

(d) The Contractor shall be responsible for ensuring that the provisions of this clause 

apply to its subcontractors.

(End of clause)

H.4 GOVERNMENT PREMISES—PHYSICAL ACCESS AND COMPLIANCE WITH 

PROCEDURES (GSFC 52.211-95) (FEB 2012)

(a)(1) The Contractor must apply for permanent NASA/GSFC Personal Identity Verification (PIV) 

cards (badges) for those employees that will be employed by the Contractor and subcontractors 

and that will be resident for at least six months at GSFC or at locations controlled by GSFC, such 

as GSFC leased space. Other personnel may be issued a temporary badge. All personnel must 

conspicuously display the GSFC PIV card at, or above, the waistline. Refer to GSFC clause 

52.204-99, ―Contractor Personnel—Identification, Onsite Reporting, and Checkout Procedures‖ 

for permanent PIV card issuance procedures.

(2) Visits by foreign nationals are restricted and must be necessary for the performance 

of the contract and concurred with by the Contracting Officer or by the Contracting Officer‘s 

Technical Representative. Approval of such visits must be approved in advance in accordance 

with GPR 1600.1.

(3) Access to the GSFC may be changed or adjusted in response to threat conditions or 

special situations.

(b) While on Government premises, the Contractor shall comply with requirements governing the 

conduct of personnel and the operation of the facility. These requirements are set forth in NASAwide or installation directives, procedures, handbooks and announcements. The following cover 

many of the requirements:

(1) Harassment and Discrimination Announcements

http://eeo.gsfc.nasa.gov/policy.html

(2) GSFC Workplace Violence Announcement

https://gs279gdmsias.gsfc.nasa.gov/srv/GDMSNEWDatabaseObject?document_id=21144
 NNG12CR31C

26

(3) GPR 1600.1, GSFC Security Requirements

(4) GPR 1700.1, Occupational Safety Program at GSFC

(5) GPR 1700.2, Chemical Hygiene Plan

(6) GPR 1700.8 GSFC Hazard Communication Program

(7) GPR 1800.1, GSFC Smoking and Other Tobacco Use Requirements

(8) GPR 1800.6, Occupational Health, Medicine and Employee

Assistance Programs

(9) GPR 1860.1, Ionizing Radiation Protection

(10) GPR 1860.2, Laser Radiation Protection

(11) GPR 1860.3, Radio Frequency Radiation Protection

(12) GPR 1860.4, Ultraviolet and High Intensity Light Radiation

 Protection

(13) GPR 2570.1, Spectrum Management and Radio Frequency (RF)

 Equipment Licensing

(14) GPD 8500.1, Environmental Policy and Program Management

(15) GPR 8710.2, GSFC Emergency Management Program Plan

(16) GPR 8710.7, Cryogenic Safety

(17) GPR 8710.8, GSFC Safety Program Management

(18) GPD 8715.1, GSFC Safety Policy

(19) GPR 8715.1, Processing of NASA Safety Reporting System 

 (NSRS) Incident Reports

Copies of the current issuances may be obtained at http://gdms.gsfc.nasa.gov or from the 

Contracting Officer. The above list may be modified by the Contracting Officer to include 

additional issuances pertaining to the conduct of personnel and the operation of the facility. 

(c) The Contractor may not use official Government mail (indicia or "eagle" mail). Contractors 

found in violation could be liable for a fine of $300 per piece of indicia mail used. However, the 

Contractor is allowed to use internal GSFC mail to the extent necessary for purposes of the 

contract.

(End of clause)

H.5 CONTRACTOR PERSONNEL—IDENTIFICATION, ONSITE REPORTING, AND 

CHECKOUT PROCEDURES (GSFC 52.204-99) (SEPT 2008)

(a) In accordance with FAR 52.204-9, Personal Identity Verification of Contractor Personnel, the 

Contractor shall follow Steps 1 through 7 described in Attachment J, Personal Identity Verification 

(PIV) Card Issuance Procedures, for each contract employee (prime and subcontractor) who will 

have physical access to a NASA-controlled facility (also referred to as ―onsite‖). The Contractor 

must apply for permanent NASA/GSFC PIV cards for those contract employees who will be 

employed by the Contractor onsite for at least six months. The GSFC Security Division will 

consider permanent PIV cards for other employees of the Contractor on a case-by-case basis, 

such as employees that are not resident onsite, but must frequently visit. In the future, upon 

written notice from the Contracting Officer, the Contractor shall follow Steps 1 through 7 in 

Attachment J for each offsite contract employee (prime and subcontractor) who require remote 

access to a NASA information system for contract performance.

(b) The Contractor shall notify the GSFC Security Division, Code 240, Attention: PIV Manager, 

and the Contracting Officer‘s Technical Representative (COTR) of the contractor‘s designated 

PIV Requester within 15 calendar days after award of this contract. The NASA maintained PIV 

system contains work and home location and contact information for personnel that have 

permanent NASA PIV cards. The Contractor may contact the PIV Manager, Tel 301-286-2306 

for assistance regarding the PIV system.
 NNG12CR31C

27

(c) Each contract employee shall provide to the Contractor‘s designated PIV Requester the basic 

identifying information required for a PIV Request to be initiated in the PIV System. The PIV 

Request must be approved by the PIV Sponsor (COTR or the Contracting Officer). The COTR will 

resolve any housing or access issues, and review the request for accuracy and completeness. 

Requests that are approved by the PIV Sponsor will be forwarded to the GSFC Security Division, 

Code 240, PIV Authorization, Badge enrollment, and Badge issuance.

 

(d) The Contractor shall submit an annotated PIV Report each month. The GSFC PIV Manager 

will furnish a PIV print-out to the Contractor no later than the end of each month. The Contractor 

shall annotate this provided report monthly to correct and update the information as follows:

(1) Draw a line through the names of employees who are no longer employed by the contractor or 

that no longer work onsite under the contract, and;

(2) Make handwritten changes to any other incorrect data.

The annotated PIV Report shall be separately submitted to the GSFC Security Division, Code 

240, Attention: PIV Manager, and to the COTR by the 10th calendar day of the month. 

For the final PIV Report under the contract, the GSFC PIV Manager will furnish a PIV print-out to 

the Contractor no later than two weeks prior to the end of the contract. The Contractor shall 

submit its annotated final PIV Report no later than 3 days prior to the end of the contract.

If this is a follow-on contract, at the end of the phase-in period (if any)/start of the basic contract 

period, the GSFC Security Division will provide the Contractor a copy of the final PIV Report from 

the previous contract. The Contractor shall review the list and redline it as necessary to reflect its 

employees requiring PIV cards. The redlined list shall be provided the the GSFC Security 

Division within 30 days after the start of the contract.

(e) The Contractor shall ensure that all personnel who have NASA/GSFC issued PIV cards, keys 

or other property who leave its employment or that no longer work onsite, process out through the 

GSFC Security Division, Code 240. Employees must return all GSFC issued identification and 

any Government property no later than the last day of their employment or the last day they work 

onsite under this contract. The Contractor shall establish appropriate procedures and controls to 

ensure this is accomplished. Failure to comply may result in the exercise of Government rights to 

limit and control access to Government premises, including denial of access and invalidation of 

NASA issued PIV cards and identification.

(End of clause)

H.6 1852.209-71 LIMITATION OF FUTURE CONTRACTING. (DEC 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, in general terms, is that: 

(1) The contractor, or first-tier subcontractor, may be tasked to develop statements of 

work and/or specifications, which may be used in subsequent, competitive 

acquisitions. The specific nature of any potential or actual conflict that may arise 

during contract performance will be identified in each individual task order, as 

appropriate, and 

(2) The contractor, or first-tier subcontractor, may require access to other NASA 

contractor data.

Potential areas of the OMES Statement of Work identified where such an OCI may arise 
 NNG12CR31C

28

include (this list is not intended to be all-inclusive; OCI may occur in other Statement of 

Work areas): 

(i) Function 2 – Pre-Formulation and Formulation Services: Candidate, Preliminary 

Analysis, and Systems Definition Studies (General Preamble area)

• In general, the Contractor shall produce pre-formulation and formulation phase 

study inputs for spacecraft, suborbital craft and instruments;

• Define interface engineering and management requirements;

• Prepare requirements and specification packages that conform to applicable 

standards defined within Task Order Statement

• Analyze various reports (i.e., progress reports) delivered by the GSFC mission 

contractor(s) and provide recommendations to the project

(ii) Function 2, C. System Definition Study Services 

• c) Providing a formal flow down of project-level performance requirements to a 

complete set of system and subsystem design specifications for both flight and 

ground elements. Phase B baseline information shall be developed including 

system requirements and verification requirements matrices, system architecture 

and work breakdown structures, operations concepts, ―design-to‖ specifications 

at all levels, and project plans including schedule, resources, and acquisition 

strategies

(ii) Function 3, B. Mission Systems Engineering, 3. Requirements Analysis, 

Identification and Management

• d) Reviewing/performing independent design and development requirements 

analyses, and submitting comments and recommendations

• e) Reviewing technical specifications, and submitting comments and 

recommendations

• f) Providing specification of Requirements for Design, non-flight fabrication, and 

checkout of ground support equipment

(iii) Function 3, C. Instrument Systems Engineering, 3. Requirements Analysis, 

Identification and Management 

• d) Reviewing/performing independent design and development requirements 

analyses, and submitting comments and recommendations

• e) Reviewing technical specifications, and submitting comments and 

recommendations

• f) Providing specification of Requirements for Design, non-flight fabrication, and 

checkout of ground support equipment 

(v) Function 3, D – Software Systems Engineering, Studies, Analysis and Support 

(General Preamble area)

 Requirements Generation: (a) perform software systems engineering, studies 

and analysis for requirements definition, operations concept definition, systems 

engineering, trade studies, and system definition in support of efforts in the 
 NNG12CR31C

29

formulation, implementation, and/or operations phases for Flight, Ground, and 

Science Data Systems with applicable documentation. 

(vi) Function 3, E. Multidisciplinary Analyses Services

(vii) Function 3.F.9 – Flight Software System Verification and Validation

 e) prepare documentation and/or review of system qualification requirements

(viii) Function 3, F.10- Software Science System Development 

(General Preamble area)

(ix) Function 3.F.12 – Radiation Effects and Analysis (REA) Specific Tasks

 a) Space radiation environmental analysis and specification including nuclear 

interaction simulations

(x) Function 3.F.16.1 – GN&C Systems Engineering Specific Task Orders

 a) Flight Project GN&C Subsystem Engineering, including requirements 

development; analysis; trade studies; ICD development; verification and 

validation; risk management; general coordination of all GN&C elements; 

maintenance of mass, power, and pointing budgets; operations planning

(xi) Function 3.L.1 – Contamination Control Management Specific Tasks

 b) Determining contamination control requirements and developing appropriate 

monitoring plans and procedures to assess contamination control requirement 

compliance

(xii) Function 4.A.- Data Systems Management Services

 a) Developing, reviewing, and analyzing software requirements and 

specifications

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

(1) If the Contractor, or first-tier subcontractor, 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, or firsttier subcontractor, shall be ineligible to perform the work described in that solicitation 

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, or first-tier 

subcontractor, 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, or first-tier subcontractor, 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)
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30

H.7 1852.223-70 SAFETY AND HEALTH (APR 2002)

(a) Safety is the freedom from those conditions that can cause death, injury, occupational 

illness, damage to or loss of equipment or property, or damage to the environment. 

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

workforce (including contractor employees working on NASA contracts), and (4) highvalue equipment and property.

(b) The Contractor shall take all reasonable safety and occupational health measures in 

performing this contract. The Contractor shall comply with all Federal, State, and local 

laws applicable to safety and occupational health and with the safety and occupational 

health standards, specifications, reporting requirements, and any other relevant 

requirements of this contract.

(c) The Contractor shall take, or cause to be taken, any other safety, and occupational 

health measures the Contracting Officer may reasonably direct. To the extent that the 

Contractor may be entitled to an equitable adjustment for those measures under the 

terms and conditions of this contract, the equitable adjustment shall be determined 

pursuant to the procedures of the changes clause of this contract; provided, that no 

adjustment shall be made under this Safety and Health clause for any change for which 

an equitable adjustment is expressly provided under any other clause of the contract.

(d) The Contractor shall immediately notify and promptly report to the Contracting Officer 

or a designee any accident, incident, or exposure resulting in fatality, lost-time 

occupational injury, occupational disease, contamination of property beyond any stated 

acceptable limits set forth in the contract Schedule; or property loss of $25,000 or more, 

or Close Call (a situation or occurrence with no injury, no damage or only minor damage 

(less than $1,000) but possesses the potential to cause any type mishap, or any injury, 

damage, or negative mission impact) that may be of immediate interest to NASA, arising 

out of work performed under this contract. The Contractor is not required to include in any 

report an expression of opinion as to the fault or negligence of any employee. In addition, 

service contractors (excluding construction contracts) shall provide quarterly reports 

specifying lost-time frequency rate, number of lost-time injuries, exposure, and 

accident/incident dollar losses as specified in the contract Schedule.

(e) The Contractor shall investigate all work-related incidents, accidents, and Close Calls, 

to the extent necessary to determine their causes and furnish the Contracting Officer a 

report, in such form as the Contracting Officer may require, of the investigative findings 

and proposed or completed corrective actions.

(f) (1) The Contracting Officer may notify the Contractor in writing of any noncompliance 

with this clause and specify corrective actions to be taken. When the Contracting Officer 

becomes aware of noncompliance that may pose a serious or imminent danger to safety 

and health of the public, astronauts and pilots, the NASA workforce (including contractor 

employees working on NASA contracts), or high value mission critical equipment or 

property, the Contracting Officer shall notify the Contractor orally, with written 

confirmation. The Contractor shall promptly take and report any necessary corrective 

action.

(2) If the Contractor fails or refuses to institute prompt corrective action in 

accordance with subparagraph (f) (1) of this clause, the Contracting Officer may 

invoke the stop-work order clause in this contract or any other remedy available 

to the Government in the event of such failure or refusal.

(g) The Contractor (or subcontractor or supplier) shall insert the substance of this clause, 

including this paragraph (g) and any applicable Schedule provisions and clauses, with 
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31

appropriate changes of designations of the parties, in all solicitations and subcontracts of 

every tier, when one or more of the following conditions exist:

(1) The work will be conducted completely or partly on premises owned or 

controlled by the Government.

(2) The work includes construction, alteration, or repair of facilities in excess of 

the simplified acquisition threshold.

(3) The work, regardless of place of performance, involves hazards that could 

endanger the public, astronauts and pilots, the NASA workforce (including 

Contractor employees working on NASA contracts), or high value equipment or 

property, and the hazards are not adequately addressed by Occupational Safety 

and Health Administration (OSHA) or Department of Transportation (DOT) 

regulations (if applicable).

(4) When the Contractor (or subcontractor or supplier) determines that the 

assessed risk and consequences of a failure to properly manage and control the 

hazard(s) warrants use of the clause. 

(h) The Contractor (or subcontractor or supplier) may exclude the provisions of paragraph 

(g) from its solicitation(s) and subcontract(s) of every tier when it determines that the 

clause is not necessary because the application of the OSHA and DOT (if applicable) 

regulations constitute adequate safety and occupational health protection. When a 

determination is made to exclude the provisions of paragraph (g) from a solicitation and 

subcontract, the Contractor must notify and provide the basis for the determination to the 

Contracting Officer. In subcontracts of every tier above the micro-purchase threshold for 

which paragraph (g) does not apply, the Contractor (or subcontractor or supplier) shall 

insert the substance of paragraphs (a), (b), (c), and (f) of this clause).

(i) Authorized Government representatives of the Contracting Officer shall have access to 

and the right to examine the sites or areas where work under this contract is being 

performed in order to determine the adequacy of the Contractor's safety and occupational 

health measures under this clause.

(j) The contractor shall continually update the safety and health plan when necessary. In 

particular, the Contractor shall furnish a list of all hazardous operations to be performed, 

and a list of other major or key operations required or planned in the performance of the 

contract, even though not deemed hazardous by the Contractor. NASA and the 

Contractor shall jointly decide which operations are to be considered hazardous, with 

NASA as the final authority. Before hazardous operations commence, the Contractor 

shall submit for NASA concurrence -

(1) Written hazardous operating procedures for all hazardous operations; and/or

(2) Qualification standards for personnel involved in hazardous operations.

(End of clause)

H.8 SAFETY AND HEALTH--ADDITIONAL REQUIREMENTS (GSFC 52.223-91) (FEB 2012)

In addition to compliance with all Federal, state, and local laws as required by paragraph (b) of 

NFS clause 1852.223-70, the Contractor shall comply with the following:

(a) Incident Reporting: The immediate notification and prompt reporting requirement included in 

paragraph (d) of NFS clause 1852.223-70 shall be to the Goddard Space Flight Center 
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32

Occupational Safety and Health Division, Code 350, Tel 301-356-3224 and to the Contracting 

Officer (CO). This verbal notification should be confirmed in writing via E-Mail to the CO and 

Jimmy.R.McLaughlin@nasa.gov and entered into IRIS within 24 hours. This notification is also 

required for any unsafe or environmentally hazardous condition associated with Governmentowned property that is provided or made available for the performance of the contract.

(b) Submit a monthly safety and health report using NASA Incident Reporting Information System 

(IRIS). Specify incidents (mishaps and close calls), total number of employees working on this 

contract, and man-hours worked/month. Access to IRIS must be requested through the NASA 

Access Management System (NAMS) at https://idmax.nasa.gov. Until access is approved, use 

the Monthly Safety & Health Report Template available at http://safety1st.gsfc.nasa.gov under 

Contractor Safety and e-mail the completed form to Hernan.Castellanos@nasa.gov.

(End of clause)

H.9 1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY (FEB 2002)

(a) Safety is the freedom from those conditions that can cause death, injury, occupational 

illness, damage to or loss of equipment or property, or damage to the environment. 

Safety is essential to NASA and is a material part of this contract. NASA's safety priority 

is to protect: (1) the public; (2) astronauts and pilots; (3) the NASA workforce (including 

contractor employees working on NASA contracts); and (4) high-value equipment and 

property. A major breach of safety may constitute a breach of contract that entitles the 

Government to exercise any of its rights and remedies applicable to material parts of this 

contract, including termination for default. A major breach of safety must be related 

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

Contractor that consists of an accident, incident, or exposure resulting in a fatality or 

mission failure; or in damage to equipment or property equal to or greater than $1 million; 

or in any "willful" or "repeat" violation cited by the Occupational Safety and Health 

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

(b) Security is the condition of safeguarding against espionage, sabotage, crime 

(including computer crime), or attack. A major breach of security may constitute a breach 

of contract that entitles the Government to exercise any of its rights and remedies 

applicable to material parts of this contract, including termination for default. A major 

breach of security may occur on or off Government installations, but must be related 

directly to the work on the contract. A major breach of security is an act or omission by 

the Contractor that results in compromise of classified information, illegal technology 

transfer, workplace violence resulting in criminal conviction, sabotage, compromise or 

denial of information technology services, equipment or property damage from vandalism 

greater than $250,000, or theft greater than $250,000. 

(c) In the event of a major breach of safety or security, the Contractor shall report the 

breach to the Contracting Officer. If directed by the Contracting Officer, the Contractor 

shall conduct its own investigation and report the results to the Government. The 

Contractor shall cooperate with the Government investigation, if conducted.

(End of clause)

H.10 1852.242-72 OBSERVANCE OF LEGAL HOLIDAYS (AUG 1992) -- ALTERNATE II (OCT 

2000)

(a) The on-site Government personnel observe the following holidays:

New Year's Day
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Labor Day

Martin Luther King, Jr.'s Birthday

Columbus Day

President's Day

Veterans Day

Memorial Day

Thanksgiving Day

Independence Day

Christmas Day

Any other day designated by Federal statute, Executive order, or the President's 

proclamation.

(b) When any holiday falls on a Saturday, the preceding Friday is observed. When any 

holiday falls on a Sunday, the following Monday is observed. Observance of such days 

by Government personnel shall not by itself be cause for an additional period of 

performance or entitlement of compensation except as set forth within the contract.

(c) When the NASA installation grants administrative leave to its Government employees 

(e.g., as a result of inclement weather, potentially hazardous conditions, or other special 

circumstances), Contractor personnel working on-site should also be dismissed. 

However, the contractor shall provide sufficient on-site personnel to perform round-theclock requirements of critical work already in process, unless otherwise instructed by the 

Contracting Officer or authorized representative.

(d) Whenever administrative leave is granted to Contractor personnel pursuant to 

paragraph (c) of this clause, it shall be without loss to the Contractor. The cost of salaries 

and wages to the Contractor for the period of any such excused absence shall be a 

reimbursable item of cost under this contract for employees in accordance with the 

Contractor's established accounting policy.

(End of clause)

H.11 SMALL BUSINESS SUBCONTRACTING PLAN AND REPORTS (GSFC 52.219-90) (JUL

2006)

a. Subcontracting Plan (Contractor) 

FAR clause 52.219-9, "Small Business Subcontracting Plan" is included in this contract. The 

agreed to Subcontracting Plan required by the clause is included as an attachment to the 

contract.

b. Subcontracting Plan (Subcontractors) 

In accordance with FAR clause 52.219-9, the Contractor must require that certain subcontractors 

adopt a plan similar to the Plan agreed to between the Contractor and the Government. 

c. Individual Subcontract Reports (ISRs)

The Contractor shall prepare and submit their Individual Subcontract Reports (ISRs) (formerly 

known as the Standard Form 294), in accordance with the instructions listed in the Electronic 

Subcontract Reporting System (eSRS), available at http://esrs.gov.

ISRs must be submitted electronically in eSRS on a semi-annual basis. This report must be 

received no later than April 30 and October 30 each year for the reporting periods ending March 

31 and September 30, respectively. Reports are required when due, regardless of whether there 

has been any subcontracting activity since the inception of the contract or since the last reporting 
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34

period.

A final Individual Subcontract Report (ISR) must be submitted after contract completion. The final 

ISR submittal must be received no later than the due date for what would have been the next

semi-annual report. 

d. Summary Subcontract Reports (SSRs) 

The Contractor shall prepare and submit Summary Subcontract Reports (SSRs)(formerly known 

as the Standard Form 295), in accordance with the instructions listed in the Electronic 

Subcontract Reporting System (eSRS), available at http://esrs.gov and in accordance with NASA 

FAR Supplement clause 1852.219-75, "Small Business Subcontracting Reporting" of this 

contract.

The SSRs must be submitted electronically in eSRS on a semi-annual basis no later than April 30 

and October 30 each year for the reporting periods ending March 31 and September 30, 

respectively.

e. Subcontractor Reporting 

FAR clause 52.219-9 and NASA FAR Supplement clause 1852.219-75 require that the 

Contractor ensure that ISR and SSR reports are submitted by those subcontractors that have 

been required to adopt a Subcontracting Plan under the terms of the clause. These 

subcontractor reports must be submitted as required by paragraphs (c) and (d) above. The 

reports may be submitted through the Contractor or submitted directly. Regardless, the 

Contractor is responsible for ensuring proper and timely submittal of the required reports.

(End of clause)

H.12 APPLICABILITY OF RIGHTS IN DATA – SPECIAL WORKS (GSFC 52.227-93) (MAR 

2008)

The "Rights in Data - Special Works" clause of this contract applies to the following aspects (or 

items):

Any data requested by the Government for any legitimate government use.

(End of clause)

H.13 RIGHTS IN DATA (GSFC 52.227-99) (MAR 2008)

The default Data Rights clause under this contract is FAR 52.227-14 RIGHTS IN DATAGENERAL as modified by NASA FAR Supplement 1852.227-14—Alternate II and Alternate III 

and GSFC 52.227-90. Any exceptions to this clause will be covered by FAR 52.227-17 RIGHTS 

IN DATA--SPECIAL WORKS as modified by NASA FAR Supplement 1852.227-17, and, if 

applicable, GSFC 52.227-93.

(End of clause)

H.14 1852.216-80 TASK ORDERING PROCEDURE (OCTOBER 1996) 

 (a) Only the Contracting Officer may issue task orders to the Contractor, providing specific 

authorization or direction to perform work within the scope of the contract and as specified in the 

schedule. The Contractor may incur costs under this contract in performance of task orders and 

task order modifications issued in accordance with this clause. No other costs are authorized 
 NNG12CR31C

35

unless otherwise specified in the contract or expressly authorized by the Contracting Officer. 

 (b) Prior to issuing a task order, the Contracting Officer shall provide the Contractor with the 

following data: 

 (1) A functional description of the work identifying the objectives or results desired from the 

contemplated task order. 

 (2) Proposed performance standards to be used as criteria for determining whether the 

work requirements have been met. 

 (3) A request for a task plan from the Contractor to include the technical approach, period 

of performance, appropriate cost information, and any other information required to determine the 

reasonableness of the Contractor's proposal. 

 (c) Within fourteen (14) calendar days after receipt of the Contracting Officer's request, the 

Contractor shall submit a task plan conforming to the request. 

 (d) After review and any necessary discussions, the Contracting Officer may issue a task 

order to the Contractor containing, as a minimum, the following: 

 (1) Date of the order. 

 (2) Contract number and order number. 

 (3) Functional description of the work identifying the objectives or results desired from the 

task order, including special instructions or other information necessary for performance of the 

task. 

 (4) Performance standards, and where appropriate, quality assurance standards. 

 (5) Maximum dollar amount authorized (cost and fee). This includes allocation of award 

fee among award fee periods, if applicable. 

 (6) Any other resources (travel, materials, equipment, facilities, etc.) authorized. 

 (7) Delivery/performance schedule including start and end dates. 

 (8) If contract funding is by individual task order, accounting and appropriation data. 

 (e) The Contractor shall provide acknowledgment of receipt to the Contracting Officer within 

three (3) calendar days after receipt of the task order. 

 (f) If time constraints do not permit issuance of a fully defined task order in accordance with 

the procedures described in paragraphs (a) through (d), a task order which includes a ceiling 

price may be issued. 

 (g) The Contracting Officer may amend tasks in the same manner in which they were issued. 

 (h) In the event of a conflict between the requirements of the task order and the Contractor's 

approved task plan, the task order shall prevail. 

(End of clause)

H.15 1852.228-76 CROSS-WAIVER OF LIABILITY FOR INTERNATIONAL SPACE STATION 

ACTIVITIES (OCT 2009) (DEVIATION)

(a) The Intergovernmental Agreement Among the Government of Canada, Governments of 

Member States of the European Space Agency, the Government of Japan, the Government of 

the Russian Federation, and the Government of the United States of America concerning 

Cooperation on the Civil International Space Station (IGA) for the International Space Station 

(ISS) contains a cross-waiver of liability provision to encourage participation in the exploration, 

exploitation, and use of outer space through the ISS. The Parties intend that this cross-waiver of 

liability be broadly construed to achieve this objective. 

(b) As used in this clause, the term:

(1) Agreement refers to any NASA Space Act agreement that contains the cross-waiver of liability 

provision authorized by 14 CFR Part 1266.102. 

(2) "Damage" means: 

(i) Bodily injury to, or other impairment of health of, or death of, any person; 

(ii) Damage to, loss of, or loss of use of any property; 

(iii) Loss of revenue or profits; or 

(iv) Other direct, indirect, or consequential damage. 

(3) "Launch Vehicle" means an object, or any part thereof, intended for launch, launched from 
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36

Earth, or returning to Earth which carries payloads or persons, or both. 

(4) "Partner State" includes each Contracting Party for which the IGA has entered into force, 

pursuant to Article 25 of the IGA or pursuant to any successor agreement. A Partner State 

includes its Cooperating Agency. It also includes any entity specified in the Memorandum of 

Understanding (MOU) between NASA and the Government of Japan‘s Cooperating Agency in the 

implementation of that MOU.

(5) ―Party‖ means a party to a NASA Space Act agreement involving activities in connection with 

the ISS and a party that is neither the prime contractor under this contract nor a subcontractor at 

any tier.

(6) "Payload" means all property to be flown or used on or in a Launch Vehicle or the ISS. 

(7) "Protected Space Operations" means all Launch or Transfer Vehicle activities, ISS activities, 

and Payload activities on Earth, in outer space, or in transit between Earth and outer space in 

implementation of the IGA, MOUs concluded pursuant to the IGA, implementing agreements, and 

contracts to perform work in support of NASA‘s obligations under these Agreements. It includes, 

but is not limited to: 

(i) Research, design, development, test, manufacture, assembly, integration, operation, or use of 

Launch or Transfer Vehicles, the ISS, Payloads, or instruments, as well as related support 

equipment and facilities and services; and

(ii) All activities related to ground support, test, training, simulation, or guidance and control 

equipment and related facilities or services. ―Protected Space Operations‖ also includes all 

activities related to evolution of the ISS, as provided for in Article 14 of the IGA. ―Protected 

Space Operations‖ excludes activities on Earth which are conducted on return from the ISS to 

develop further a Payload‘s product or process for use other than for ISS-related activities in 

implementation of the IGA.

(8) "Related Entity" means: 

(i) A contractor or subcontractor of a Party or a Partner State at any tier; 

(ii) A user or customer of a Party or a Partner State at any tier; or 

(iii) A contractor or subcontractor of a user or customer of a Party or a Partner State at any tier.

The terms ―contractor‖ and ‖subcontractor‖ include suppliers of any kind.

(9) ―Transfer Vehicle‖ means any vehicle that operates in space and transfers Payloads or 

persons or both between two different space objects, between two different locations on the same 

space object, or between a space object and the surface of a celestial body. A ―Transfer Vehicle‖

also includes a vehicle that departs from and returns to the same location on a space object. 

(c)(1) The Contractor agrees to a cross-waiver of liability pursuant to which it waives all claims 

against any of the entities or persons listed in paragraphs (c)(1)(i) through (c)(1)(iv) of this clause 

based on Damage arising out of Protected Space Operations. This cross-waiver shall apply only 

if the person, entity, or property causing the Damage is involved in Protected Space Operations 

and the person, entity, or property damaged is damaged by virtue of its involvement in Protected 

Space Operations. The cross-waiver shall apply to any claims for Damage, whatever the legal 

basis for such claims, against: 

(i) A Party as defined in (B)(5) above; 

(ii) A Partner State other than the United States of America; 

(iii) A Related Entity of any entity identified in paragraph (c)(1)(i) or (c)(1)(ii) of this clause; or

(iv) The employees of any of the entities identified in paragraphs (c)(1)(i) through (c)(1)(iii) of this 

clause. 

(2) In addition, the contractor shall, by contract or otherwise, extend the cross-waiver of liability 

set forth in paragraph (c)(1) of this clause to its subcontractors at any tier by requiring them, by 

contract or otherwise, to:

(i) Waive all claims against the entities or persons identified in paragraphs (c)(1)(i) through 

(c)(1)(iv) of this clause; and
 NNG12CR31C

37

(ii) Require that their subcontractors waive all claims against the entities or persons identified in 

paragraphs (c)(1)(i) through (c)(1)(iv) of this clause. 

(3) For avoidance of doubt, this cross-waiver of liability includes a cross-waiver of claims arising 

from the Convention on International Liability for Damage Caused by Space Objects, which 

entered into force on September 1, 1972, where the person, entity, or property causing the 

Damage is involved in Protected Space Operations and the person, entity, or property damaged 

is damaged by virtue of its involvement in Protected Space Operations.

(4) Notwithstanding the other provisions of this clause, this cross-waiver of liability shall not be 

applicable to: 

(i) Claims between the Government and its own contractors or between its own contractors and 

subcontractors; 

(ii) Claims made by a natural person, his/her estate, survivors or subrogees (except when a 

subrogee is a Party to an Agreement or is otherwise bound by the terms of this cross-waiver) for 

bodily injury to, or other impairment of health of, or death of, such person; 

(iii) Claims for Damage caused by willful misconduct; 

(iv) Intellectual property claims;

(v) Claims for Damage resulting from a failure of the contractor to extend the cross-waiver of 

liability to its subcontractors and related entities, pursuant to paragraph (c)(2) of this clause; or

(vi) Claims by the Government arising out of or relating to the contractor‘s failure to perform its 

obligations under this contract. 

(5) Nothing in this clause shall be construed to create the basis for a claim or suit where none 

would otherwise exist.

(6) This cross-waiver shall not be applicable when 49 U.S.C. Subtitle IX, Chapter 701 is 

applicable.

(End of clause)

H.16 1852.228-78 CROSS-WAIVER OF LIABILITY FOR SCIENCE OR SPACE 

EXPLORATION ACTIVITIES UNRELATED TO THE INTERNATIONAL SPACE STATION (OCT 

2009) (DEVIATION)

(a) The purpose of this clause is to extend a cross-waiver of liability to NASA contracts for work 

done in support of Agreements between Parties involving Science or Space Exploration activities, 

unrelated to the International Space Station (ISS), but which involve a launch. This cross-waiver 

of liability shall be broadly construed to achieve the objective of furthering participation in space 

exploration, use, and investment. 

(b) As used in this clause, the term:

(1) ―Agreement‖ refers to any NASA Space Act agreement that contains the cross-waiver of 

liability provision authorized in 14 CFR 1266.104. 

(2) "Damage" means: 

(i) Bodily injury to, or other impairment of health of, or death of, any person; 

(ii) Damage to, loss of, or loss of use of any property; 

(iii) Loss of revenue or profits; or 

(iv) Other direct, indirect, or consequential Damage;

(3) ―Launch Vehicle‖ means an object, or any part thereof, intended for launch, launched from 

Earth, or returning to Earth which carries Payloads or persons, or both. 

(4) "Party" means a party to a NASA Space Act agreement for Science or Space Exploration 

activities, unrelated to the ISS, but which involve a launch and a party that is neither the prime 

contractor under this contract nor a subcontractor at any tier hereto. 

(5) "Payload" means all property to be flown or used on or in a Launch Vehicle. 

(6) "Protected Space Operations" means all Launch or Transfer Vehicle activities and Payload 

activities on Earth, in outer space, or in transit between Earth and outer space in implementation 

of an Agreement for Science or Space Exploration activities, unrelated to the ISS, but which 

involve a launch. Protected Space Operations begins at the signature of the Agreement and 

ends when all activities done in implementation of the agreement are completed. It includes, but 

is not limited to: 
 NNG12CR31C

38

(i) Research, design, development, test, manufacture, assembly, integration, operation, 

or use of Launch or Transfer Vehicles, Payloads, or instruments, as well as related support 

equipment and facilities and services; and

(ii) All activities related to ground support, test, training, simulation, or guidance and 

control equipment, and related facilities or services.

Protected Space Operations excludes activities on Earth which are conducted on return from 

space to develop further a Payloads product or process other than for the activities within the 

scope of an Agreement. 

(7) "Related entity" means: 

(i) A contractor or subcontractor of a Party at any tier; 

(ii) A user or customer of a party at any tier; or 

(iii) A contractor or subcontractor of a user or customer of a Party at any tier.

The terms ―contractors‖ and ―subcontractors‖ include suppliers of any kind. 

(c) Cross-waiver of liability:

(1) The contractor agrees to a waiver of liability pursuant to which it waives all claims against any 

of the entities or persons listed in paragraphs (c)(1)(i) through (c)(1)(iv) of this clause based on 

Damage arising out of Protected Space Operations. This cross-waiver shall apply only if the 

person, entity, or property causing the Damage is involved in Protected Space Operations and 

the person, entity, or property damaged is damaged by virtue of its involvement in Protected 

Space Operations. The waiver shall apply to any claims for Damage, whatever the legal basis for 

such claims, against: 

(i) A Party; 

(ii) A Party to another NASA Agreement or contract that includes flight on the same 

Launch Vehicle;

(iii) A Related Entity of any of the entities identified in (c)(1)(i) or (c)(1)(ii) of this clause; or 

(iv) The employees of any of the entities identified in (c)(1)(i) through (c)(1)(iii) of this 

clause. 

(2) The contractor agrees to extend the cross-waiver of liability as set forth in paragraph (c)(1) of 

this clause to its own subcontractors at all tiers by requiring them, by contract or otherwise, to:

(i) Waive all claims against the entities or persons identified in paragraphs (c)(1)(i) 

through (c)(1)(iv) of this clause; and

(ii) Require that their Related Entities waive all claims against the entities or persons 

identified in paragraph (c)(1)(i) through (c)(1)(iv) of this clause. 

(3) For avoidance of doubt, this cross-waiver includes a cross-waiver of claims arising from the 

Convention on International Liability for Damage Caused by Space Objects, which entered into 

force on September 1, 1972, where the person, entity, or property causing the Damage is 

involved in Protected Space Operations and the person, entity, or property damaged is damaged 

by virtue of its involvement in Protected Space Operations. 

(4) Notwithstanding the other provisions of this clause, this cross-waiver of liability shall not be 

applicable to: 

(i) Claims between the Government and its own contractors or between its own 

contractors and subcontractors; 

(ii) Claims made by a natural person, his/her estate, survivors, or subrogees (except 

when a subrogee is a Party to an Agreement or is otherwise bound by the terms of this crosswaiver) for bodily injury to, or other impairment of health, or death of such person; 

(iii) Claims for Damage caused by willful misconduct; 

(iv) Intellectual property claims;

(v) Claims for damages resulting from failure of the contractor to extend the cross-waiver 

of liability to its subcontractors and related entities, pursuant to paragraph (c)(2) of this clause; or
 NNG12CR31C

39

(vi) Claims by the Government arising out of or relating to a contractor¿s failure to 

perform its obligations under this contract.

(5) Nothing in this clause shall be construed to create the basis for a claim or suit where none 

would otherwise exist. 

(6) This cross-waiver shall not be applicable when 49 U.S.C. Subtitle IX, Chapter 701 is 

applicable.

(End of clause)

H.17 AVOIDANCE OF ORGANIZATIONAL CONFLICTS OF INTEREST 

(a) Avoidance plan. The Organizational Conflict of Interest Avoidance Plan and its obligations are 

hereby incorporated in the contract by reference as Attachment H. 

(b) Changes. (1) Either the Contractor or the Government may propose changes to the 

Organizational Conflict of Interest Avoidance Plan. Such changes are subject to the mutual 

agreement of the parties and will become effective only upon incorporating the change into the 

plan by contract amendment. (2) In the event that the Government and the Contractor cannot 

agree upon a mutually acceptable change, the Government reserves the right to make a 

unilateral change to the OCI Avoidance Plan as necessary, with the approval of the Procurement 

Officer, subject to Contractor appeal as provided in the Disputes clause. 

(c) Violation. The Contractor shall report any violation of the Organizational Conflict of Interest 

Avoidance Plan, whether by its own personnel or those of the Government or other contractors, 

to the Contracting Officer. This report shall include a description of the violation and the actions 

the Contractor has taken or proposes to take to mitigate and avoid repetition of the violation. After 

conducting such further inquiries and discussions as may be necessary, the Contracting Officer 

and the Contractor shall agree on appropriate corrective action, if any, or the Contracting Officer 

shall direct corrective action. 

(d) Subcontracts. The Contractor shall include the substance of this clause, including this 

paragraph (e), in subcontracts where the work includes or may include tasks related to the 

organizational conflict of interest. The terms ―Contractor‖ and ―Contracting Officer‖ shall be 

appropriately modified to reflect the change in parties and to preserve the Government ̳s rights. 

(End of text)

H.18 DISCLOSURE OF ORGANIZATIONAL CONFLICT OF INTEREST AFTER CONTRACT 

AWARD 

(a) If the Contractor identifies an actual or potential organizational conflict of interest that has not 

already been adequately disclosed and resolved (or waived in accordance with FAR 9.503), the 

Contractor shall make a prompt and full disclosure in writing to the Contracting Officer. This 

disclosure shall include a description of the action the Contractor has taken or proposes to take in 

order or resolve the conflict. This reporting requirement also includes subcontractors ̳ actual or 

potential organizational conflicts of interest not adequately disclosed and resolved prior to award. 

(b) Avoidance plan. If there is a avoidance plan in the contract, the Contractor shall periodically 

update the plan, based on changes such as changes to the legal entity, the overall structure of 

the organization, subcontractor arrangements, contractor management, ownership, ownership 

relationships, or modification of the work scope. 

(End of text)
 NNG12CR31C

40

H. 19 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFEROR 

041

The completed provision 52.204-8, Annual Representations and Certifications, including any 

amended representation(s) made at paragraph (b) of the provision; and other representations, 

certifications and other statements contained in Section K completed and submitted as part of the 

offer dated April 12, 2012 are hereby incorporated by reference in this resulting contract.

(End of Clause)

H.20 CLAUSES INCORPORATED BY REFERENCE -- SECTION H

Clause(s) H.1 and H.2 at the beginning of this Section are incorporated by reference, with the 

same force and effect as if they were given in full text. Clauses incorporated by reference which 

require a fill-in by the Government include the text of the affected paragraph(s) only. This does 

not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding 

and complying with the entire clause. The full text of the clause is available at the addresses 

contained in clause 52.252-2, Clauses Incorporated by Reference, of this contract.

(End of clause)

[END OF SECTION H]
 NNG12CR31C

41

SECTION I - CONTRACT CLAUSES

I.1 52.202-1 DEFINITIONS (JAN 2012)

I.2 52.203-3 GRATUITIES (APR 1984)

I.3 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

I.4 52.203-6 RESTRICITIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 

2006)

I.5 52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010)

I.6 52.203-8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR 

IMPROPER ACTIVITY (JAN 1997)

I.7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 

1997)

I.8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL 

TRANSACTIONS (OCT 2010)

I.9 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

I.10 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

I.11 52.204-2 SECURITY REQUIREMENTS (AUG 1996)

I.12 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER 

CONTENT PAPER (MAY 2011)

I.13 52.204-7 CENTRAL CONTRACTOR REGISTRATION (FEB 2012)

I.14 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 

2011)

I.15 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER 

SUBCONTRACT AWARDS (FEB 2012)

I.16 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING 

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT. 

(DEC 2010)

I.17 52.209-9 UPDATES OF PUBLICILY AVAILABLE INFORMATION REGARDING 

RESPONSIBILITY MATTERS (FEB 2012) 

(a) The Contractor shall update the information in the Federal Awardee Performance and 

Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the 

contract, by posting the required information in the Central Contractor Registration 

database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 

111–212), all information posted in FAPIIS on or after April 15, 2011, except past 

performance reviews, will be publicly available. FAPIIS consists of two segments —

(1) The non-public segment, into which Government officials and the Contractor 

post information, which can only be viewed by —
 NNG12CR31C

42

(i) Government personnel and authorized users performing business on 

behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of 

FAPIIS is automatically transferred after a waiting period of 14 calendar days, 

except for -

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting 

period by the Government official who posted it in accordance with paragraph 

(c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to 

the Contractor‘s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government 

official who posted the information, that some of the information posted to the 

nonpublic segment of FAPIIS is covered by a disclosure exemption under the 

Freedom of Information Act, the Government official who posted the information 

must within 7 calendar days remove the posting from FAPIIS and resolve the 

issue in accordance with agency Freedom of Information procedures, prior to

reposting the releasable information. The contractor must cite 52.209–9 and 

request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding 

information that has been posted by the Government. The comments will be 

retained as long as the associated information is retained, i.e., for a total period 

of 6 years. Contractor comments will remain a part of the record unless the 

Contractor revises them.

(3) As required by section 3010 of Pub. L. 111–212, all information posted in 

FAPIIS on or after April 15, 2011, except past performance reviews, will be 

publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled 

under Freedom of Information Act procedures, including, where appropriate, procedures 

promulgated under E.O. 12600.

(End of clause)

I.18 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC 

CORPORATIONS (MAY 2012)

I.19 52.210-1 MARKET RESEARCH (APR 2011)

(a) Definition. As used in this clause—

―Commercial item‖ and ―nondevelopmental item‖ have the meaning contained in 

Federal Acquisition Regulation 2.101. 

(b) Before awarding subcontracts over the simplified acquisition threshold for items other 

than commercial items, the Contractor shall conduct market research to—

(1) Determine if commercial items or, to the extent commercial items suitable to 

meet the agency‘s needs are not available, nondevelopmental items are 

available that—

(i) Meet the agency‘s requirements; 
 NNG12CR31C

43

(ii) Could be modified to meet the agency‘s requirements; or 

(iii) Could meet the agency‘s requirements if those requirements were 

modified to a reasonable extent; and 

(2) Determine the extent to which commercial items or nondevelopmental items 

could be incorporated at the component level. 

(End of clause)

I.20 52.211-5 MATERIAL REQUIREMENTS. (AUG 2000)

I.21 52.215-2 AUDIT AND RECORDS -- NEGOTIATION (OCT 2010)

I.22 52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997)

I.23 52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA --

MODIFICATIONS (AUG 2011)

I.24 52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA -- MODIFICATIONS

(OCT 2010)

I.25 52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010)

I.26 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)

I.27 52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)

I.28 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT 

BENEFITS (PRB) OTHER THAN PENSIONS (JUL 2005)

I.29 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATE AND DATA 

OTHER THAN CERTIFIED COST OR PRICING DATA—MODIFICATONS (OCT 2010)

I.30 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009)

I.31 52.216-7 ALLOWABLE COST AND PAYMENT (JUN 2011)

(a) Invoicing. 

(1) The Government will make payments to the Contractor when requested as work progresses, 

but (except for small business concerns) not more often than once every 2 weeks, in amounts 

determined to be allowable by the Contracting Officer in accordance with Federal Acquisition 

Regulation (FAR) Subpart 31.2 in effect on the date of this contract and the terms of this contract. 

The Contractor may submit to an authorized representative of the Contracting Officer, in such 

form and reasonable detail as the representative may require, an invoice or voucher supported by 

a statement of the claimed allowable cost for performing this contract. 

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt 

Payment Act. Interim payments made prior to the final payment under the contract are contract 

financing payments, except interim payments if this contract contains Alternate I to the clause at 

52.232-25. 

(3) The designated payment office will make interim payments for contract financing on the 30th

day after the designated billing office receives a proper payment request. In the event that the 

Government requires an audit or other review of a specific payment request to ensure compliance 
 NNG12CR31C

44

with the terms and conditions of the contract, the designated payment office is not compelled to 

make payment by the specified due date. 

(b) Reimbursing costs. 

(1) For the purpose of reimbursing allowable costs (except as provided in paragraph (b)(2) of this 

clause, with respect to pension, deferred profit sharing, and employee stock ownership plan 

contributions), the term ―costs‖ includes only—

(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has 

paid by cash, check, or other form of actual payment for items or services purchased directly for 

the contract; 

(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary 

course of business, costs incurred, but not necessarily paid, for—

(A) Supplies and services purchased directly for the contract and associated financing payments 

to subcontractors, provided payments determined due will be made—

(1) In accordance with the terms and conditions of a subcontract or invoice; and 

(2) Ordinarily within 30 days of the submission of the Contractor‘s payment request to the 

Government; 

(B) Materials issued from the Contractor‘s inventory and placed in the production process for use 

on the contract; 

(C) Direct labor; 

(D) Direct travel; 

(E) Other direct in-house costs; and 

(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the 

Contractor for purposes of obtaining reimbursement under Government contracts; and 

(iii) The amount of financing payments that have been paid by cash, check, or other forms of 

payment to subcontractors. 

(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded 

until actually paid unless—

(i) The Contractor‘s practice is to make contributions to the retirement fund quarterly or more 

frequently; and 

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or 

shorter payment period (any contribution remaining unpaid shall be excluded from the 

Contractor‘s indirect costs for payment purposes). 

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this 

clause, allowable indirect costs under this contract shall be obtained by applying indirect cost 

rates established in accordance with paragraph (d) of this clause. 

(4) Any statements in specifications or other documents incorporated in this contract by reference 

designating performance of services or furnishing of materials at the Contractor‘s expense or at 

no cost to the Government shall be disregarded for purposes of cost-reimbursement under this 

clause. 
 NNG12CR31C

45

(c) Small business concerns. A small business concern may receive more frequent payments 

than every 2 weeks. 

(d) Final indirect cost rates. 

(1) Final annual indirect cost rates and the appropriate bases shall be established in accordance 

with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by 

the indirect cost rate proposal. 

(2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting 

Officer (or cognizant Federal agency official) and auditor within the 6-month period following the 

expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, 

may be requested in writing by the Contractor and granted in writing by the Contracting Officer. 

The Contractor shall support its proposal with adequate supporting data. 

(ii) The proposed rates shall be based on the Contractor‘s actual cost experience for that period. 

The appropriate Government representative and the Contractor shall establish the final indirect 

cost rates as promptly as practical after receipt of the Contractor‘s proposal. 

(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise 

specified by the cognizant Federal agency official: 

(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect 

rate. 

(B) General and Administrative expenses (final indirect cost pool). Schedule of claimed expenses 

by element of cost as identified in accounting records (Chart of Accounts). 

(C) Overhead expenses (final indirect cost pool). Schedule of claimed expenses by element of 

cost as identified in accounting records (Chart of Accounts) for each final indirect cost pool. 

(D) Occupancy expenses (intermediate indirect cost pool). Schedule of claimed expenses by 

element of cost as identified in accounting records (Chart of Accounts) and expense reallocation 

to final indirect cost pools. 

(E) Claimed allocation bases, by element of cost, used to distribute indirect costs. 

(F) Facilities capital cost of money factors computation. 

(G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by major 

cost element. 

(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed 

rates, as well as a subsidiary schedule of Government participation percentages in each of the 

allocation base amounts.

(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and 

subcontract. 

(J) Subcontract information. Listing of subcontracts awarded to companies for which the 

contractor is the prime or upper-tier contractor (include prime and subcontract numbers; 

subcontract value and award type; amount claimed during the fiscal year; and the subcontractor 

name, address, and point of contact information). 

(K) Summary of each time-and-materials and labor-hour contract information, including labor 

categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect 

expense applied at claimed rates. 
 NNG12CR31C

46

(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution. 

(M) Listing of decisions/agreements/approvals and description of accounting/organizational 

changes. 

(N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs). 

(O) Contract closing information for contracts physically completed in this fiscal year (include 

contract number, period of performance, contract ceiling amounts, contract fee computations, 

level of effort, and indicate if the contract is ready to close). 

(iv) The following supplemental information is not required to determine if a proposal is adequate, 

but may be required during the audit process: 

(A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and 

budgetary data. 

(B) General Organizational information and Executive compensation for the five most highly 

compensated executives. See 31.205-6(p). Additional salary reference information is available at 

http://www.whitehouse.gov/omb/procurement_index_exec_comp/. 

(C) Identification of prime contracts under which the contractor performs as a subcontractor. 

(D) Description of accounting system (excludes contractors required to submit a CAS Disclosure 

Statement or contractors where the description of the accounting system has not changed from 

the previous year‘s submission). 

(E) Procedures for identifying and excluding unallowable costs from the costs claimed and billed 

(excludes contractors where the procedures have not changed from the previous year‘s 

submission). 

(F) Certified financial statements and other financial data (e.g., trial balance, compilation, review, 

etc.). 

(G) Management letter from outside CPAs concerning any internal control weaknesses. 

(H) Actions that have been and/or will be implemented to correct the weaknesses described in 

the management letter from subparagraph (G) of this section. 

(I) List of all internal audit reports issued since the last disclosure of internal audit reports to the 

Government. 

(J) Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final 

indirect cost rate submission is made. 

(K) Federal and State income tax returns. 

(L) Securities and Exchange Commission 10-K annual report. 

(M) Minutes from board of directors meetings. 

(N) Listing of delay claims and termination claims submitted which contain costs relating to the 

subject fiscal year. 

(O) Contract briefings, which generally include a synopsis of all pertinent contract provisions, 

such as: contract type, contract amount, product or service(s) to be provided, contract 

performance period, rate ceilings, advance approval requirements, pre-contract cost allowability 

limitations, and billing limitations. 
 NNG12CR31C

47

(v) The Contractor shall update the billings on all contracts to reflect the final settled rates and 

update the schedule of cumulative direct and indirect costs claimed and billed, as required in 

paragraph (d)(2)(iii)(I) of this section, within 60 days after settlement of final indirect cost rates. 

(3) The Contractor and the appropriate Government representative shall execute a written 

understanding setting forth the final indirect cost rates. The understanding shall specify (i) the 

agreed-upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the 

periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the 

settlement, and (v) the affected contract and/or subcontract, identifying any with advance 

agreements or special terms and the applicable rates. The understanding shall not change any 

monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in 

this contract. The understanding is incorporated into this contract upon execution. 

(4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the 

meaning of the Disputes clause. 

(5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after 

settlement of the final annual indirect cost rates for all years of a physically complete contract, the 

Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates. 

The completion invoice or voucher shall include settled subcontract amounts and rates. The 

prime contractor is responsible for settling subcontractor amounts and rates included in the 

completion invoice or voucher and providing status of subcontractor audits to the contracting 

officer upon request. 

(6)(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in 

paragraph (d)(5) of this clause, the Contracting Officer may—

(A) Determine the amounts due to the Contractor under the contract; and 

(B) Record this determination in a unilateral modification to the contract. 

(ii) This determination constitutes the final decision of the Contracting Officer in accordance with 

the Disputes clause. 

(e) Billing rates. Until final annual indirect cost rates are established for any period, the 

Government shall reimburse the Contractor at billing rates established by the Contracting Officer 

or by an authorized representative (the cognizant auditor), subject to adjustment when the final 

rates are established. These billing rates—

(1) Shall be the anticipated final rates; and 

(2) May be prospectively or retroactively revised by mutual agreement, at either party‘s request, 

to prevent substantial overpayment or underpayment. 

(f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in 

FAR 42.708(a) are satisfied. 

(g) Audit. At any time or times before final payment, the Contracting Officer may have the 

Contractor‘s invoices or vouchers and statements of cost audited. Any payment may be—

(1) Reduced by amounts found by the Contracting Officer not to constitute allowable costs; or 

(2) Adjusted for prior overpayments or underpayments. 

(h) Final payment. 

(1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance 

with paragraph (d)(5) of this clause, and upon the Contractor‘s compliance with all terms of this 
 NNG12CR31C

48

contract, the Government shall promptly pay any balance of allowable costs and that part of the 

fee (if any) not previously paid. 

(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts 

(including interest, if any) accruing to or received by the Contractor or any assignee under this 

contract, to the extent that those amounts are properly allocable to costs for which the Contractor 

has been reimbursed by the Government. Reasonable expenses incurred by the Contractor for 

securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the 

Contracting Officer. Before final payment under this contract, the Contractor and each assignee 

whose assignment is in effect at the time of final payment shall execute and deliver—

(i) An assignment to the Government, in form and substance satisfactory to the Contracting 

Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable 

to costs for which the Contractor has been reimbursed by the Government under this contract; 

and 

(ii) A release discharging the Government, its officers, agents, and employees from all liabilities, 

obligations, and claims arising out of or under this contract, except—

(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts 

are not known; 

(B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to 

third parties arising out of the performance of this contract; provided, that the claims are not 

known to the Contractor on the date of the execution of the release, and that the Contractor gives 

notice of the claims in writing to the Contracting Officer within 6 years following the release date 

or notice of final payment date, whichever is earlier; and 

(C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the 

Contractor under the patent clauses of this contract, excluding, however, any expenses arising 

from the Contractor‘s indemnification of the Government against patent liability. 

(End of clause)

I.32 52.216-8 FIXED FEE (JUN 2011)

I.33 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL 

BUSINESS CONCERNS (JAN 2011)

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to 

the price of all offers, except –

(i) Offers from HUBZone small business concerns that have not waived 

the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group 

of items on which award may be made. Other evaluation factors described in the 

solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small 

disadvantaged business concern will receive the benefit of both the HUBZone 

small business price evaluation preference and the small disadvantaged 
 NNG12CR31C

49

business price evaluation adjustment (see FAR clause 52.219-23). Each 

applicable price evaluation preference or adjustment shall be calculated 

independently against an offeror‘s base offer. These individual preference 

amounts shall be added together to arrive at the total evaluated price for that 

offer.

(4) When the two highest rated offerors are a HUBZone small business concern 

and a large business, and the evaluated offer of the HUBZone small business 

concern is equal to the evaluated offer of the large business after considering the 

price evaluation preference, award will be made to the HUBZone small business 

concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to 

waive the evaluation preference, in which case the factor will be added to its offer for 

evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not 

apply if the offeror has waived the evaluation preference.

[ ] Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of 

the contract, in the case of a contract for –

(1) Services (except construction), at least 50 percent of the cost of personnel for 

contract performance will be spent for employees of the concern or employees of 

other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), 

at least 50 percent of the cost of manufacturing, excluding the cost of materials, 

will be performed by the concern or other HUBZone small business concerns;

(3) General construction. (i) At least 15 percent of the cost of contract 

performance to be incurred for personnel will be spent on the prime contractor‘s 

employees;

 

(ii) At least 50 percent of the cost of the contract performance to be 

incurred for personnel will be spent on the prime contractor‘s employees 

or on a combination of the prime contractor‘s employees and employees 

of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be 

incurred for personnel will be subcontracted to concerns that are not 

HUBZone small business concerns; or

(4) Construction by special trade contractors. (i) At least 25 percent of the cost of 

contract performance to be incurred for personnel will be spent on the prime 

contractor‘s employees;

(ii) At least 50 percent of the cost of the contract performance to be 

incurred for personnel will be spent on the prime contractor‘s employees 

or on a combination of the prime contractor‘s employees and employees 

of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be 

incurred for personnel will be subcontracted to concerns that are not 

HUBZone small business concerns.
 NNG12CR31C

50

(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business 

concerns to the joint venture, not each concern separately, will perform the applicable 

percentage of work requirements.

(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business 

concern nonmanufacturer agrees to furnish in performing this contract only end items 

manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a 

HUBZone small business concern nonmanufacturer may provide end items 

manufactured by other than a HUBZone small business concern manufacturer 

provided the end items are produced or manufactured in the United States.

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with 

construction or service contracts.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective 

HUBZone awardee must be a HUBZone small business concern at the time of award of 

this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the 

notice required by 13 CFR 126.501 if material changes occur before contract award that 

could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a 

HUBZone small business concern at the time of award of this contract, the Contracting 

Officer will proceed to award to the next otherwise successful HUBZone small business 

concern or other offeror.

(End of clause)

I.34 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2011)

I.35 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2011) – ALTERNATE II 

(OCT 2001)

I.36 52.219-16 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN (JAN 1999)

I.37 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

I.38 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (MAR 

2012)

I.39 52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT (OCT 2010)

I.40 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

I.41 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

I.42 52.222-29 NOTIFICATION OF VISA DENIAL (JUNE 2003)

I.43 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (SEP 2010)

I.44 52.222-36 AFFIRMATIVE ACTIONS FOR WORKERS WITH DISABILITIES (OCT 2010)

I.45 52.222-37 EMPLOYMENT REPORTS ON VETERANS (SEP 2010)

I.46 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR 

RELATIONS ACT (DEC 2010) 
 NNG12CR31C

51

I.47 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

I.48 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) 

I.49 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA 

(JAN 1997) – ALTERNATE I (JUL 1995)

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous 

under the latest version of Federal Standard No. 313 (including revisions adopted during the term 

of the contract). 

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be 

delivered under this contract. The hazardous material shall be properly identified and include any 

applicable identification number, such as National Stock Number or Special Item Number. This 

information shall also be included on the Material Safety Data Sheet submitted under this 

contract.

Material (If none, insert "None") Identification No. 

NONE

(c) This list must be updated during performance of the contract whenever the Contractor 

determines that any other material to be delivered under this contract is hazardous. 

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a 

Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest 

version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this 

clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the 

apparently successful offeror is the actual manufacturer of these items. Failure to submit the 

Material Safety Data Sheet prior to award may result in the apparently successful offeror being 

considered nonresponsible and ineligible for award. 

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal 

Standard No. 313, which renders incomplete or inaccurate the data submitted under 

paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and 

resubmit the data. 

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall 

relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or 

subcontractor personnel or property. 

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable 

Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of 

licenses and permits) in connection with hazardous material. 

(h) The Government's rights in data furnished under this contract with respect to hazardous 

material are as follows: 

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of 

this right are to-

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, 

transporting, or disposing of hazardous materials; 

(ii) Obtain medical treatment for those affected by the material; and 
 NNG12CR31C

52

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes. 

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with 

paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for 

rights in data. 

(3) The Government is not precluded from using similar or identical data acquired from other 

sources. 

(i) Except as provided in paragraph (i)(2), the Contractor shall prepare and submit a sufficient 

number of Material Safety Data Sheets (MSDS's), meeting the requirements of 

29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous 

materials identified in paragraph (b) of this clause. 

(1) For items shipped to consignees, the Contractor shall include a copy of the MSDS's with the 

packing list or other suitable shipping document which accompanies each shipment. Alternatively, 

the Contractor is permitted to transmit MSDS's to consignees in advance of receipt of shipments 

by consignees, if authorized in writing by the Contracting Officer. 

(2) For items shipped to consignees identified by mailing address as agency depots, distribution 

centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on 

each shipping container. If affixed to the outside of each container, the MSDS's must be placed in 

a weather resistant envelope. 

(End of clause)

I.50 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011) 

– ALTERNATE I (MAY 2011) – ALTERNATE II (MAY 2011)

I.51 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I.52 52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)

a) The Contractor shall notify the Contracting Officer or designee, in writing, 30 days prior to the 

delivery of, or prior to completion of any servicing required by this contract of, items containing 

either (1) radioactive material requiring specific licensing under the regulations issued pursuant to 

the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal 

Regulations, in effect on the date of this contract, or (2) other radioactive material not requiring 

specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the 

activity per item equals or exceeds 0.01 microcuries. Such notice shall specify the part or parts of 

the items which contain radioactive materials, a description of the materials, the name and activity 

of the isotope, the manufacturer of the materials, and any other information known to the 

Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-

0107). 

(b) If there has been no change affecting the quantity of activity, or the characteristics and 

composition of the radioactive material from deliveries under this contract or prior contracts, the 

Contractor may request that the Contracting Officer or designee waive the notice requirement in 

paragraph (a) of this clause. Any such request shall—

(1) Be submitted in writing; 

(2) State that the quantity of activity, characteristics, and composition of the radioactive material 

have not changed; and 

(3) Cite the contract number on which the prior notification was submitted and the contracting 

office to which it was submitted. 
 NNG12CR31C

53

(c) All items, parts, or subassemblies which contain radioactive materials in which the specific 

activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 

microcuries, and all containers in which such items, parts or subassemblies are delivered to the 

Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 

129 in effect on the date of the contract. 

(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive

materials meeting the criteria in paragraph (a) of this clause. 

(End of clause)

I.53 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

I.54 52.223-18 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (AUG 

2011)

I.55 52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS

(MAY 2011)

I.56 52.225-1 BUY AMERICAN ACT - SUPPLIES (FEB 2009)

I.57 52.225-8 DUTY-FREE ENTRY. (OCT 2010)

I.58 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

I.59 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

I.60 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT 

INFRINGEMENT (DEC 2007)

I.61 52.227-11 PATENT RIGHTS – OWNERSHIP BY THE CONTRACTOR (DEC 2007) as 

modified by NFS 1852.227-11

I.62 52.227-14 RIGHTS IN DATA-GENERAL (DEC 2007) as modified by NASA FAR 

Supplement 1852.227-14—ALTERNATE II (DEC 2007) AND ALTERNATE III (DEC 2007) 

(a) Definitions. As used in this clause-

"Computer database" or "database means" a collection of recorded information in a form capable 

of, and for the purpose of, being stored in, processed, and operated on by a computer. The term 

does not include computer software. 

"Computer software"-

(1) Means 

(i) Computer programs that comprise a series of instructions, rules, routines, or statements, 

regardless of the media in which recorded, that allow or cause a computer to perform a specific 

operation or series of operations; and 

(ii) Recorded information comprising source code listings, design details, algorithms, processes, 

flow charts, formulas, and related material that would enable the computer program to be 

produced, created, or compiled. 

(2) Does not include computer databases or computer software documentation. 
 NNG12CR31C

54

"Computer software documentation" means owner's manuals, user's manuals, installation 

instructions, operating instructions, and other similar items, regardless of storage medium, that 

explain the capabilities of the computer software or provide instructions for using the software. 

"Data" means recorded information, regardless of form or the media on which it may be recorded. 

The term includes technical data and computer software. The term does not include information 

incidental to contract administration, such as financial, administrative, cost or pricing, or 

management information. 

"Form, fit, and function data" means data relating to items, components, or processes that are 

sufficient to enable physical and functional interchangeability, and data identifying source, size, 

configuration, mating and attachment characteristics, functional characteristics, and performance 

requirements. For computer software it means data identifying source, functional characteristics, 

and performance requirements but specifically excludes the source code, algorithms, processes, 

formulas, and flow charts of the software. 

"Limited rights" means the rights of the Government in limited rights data as set forth in the 

Limited Rights Notice of paragraph (g)(3) if included in this clause. 

"Limited rights data" means data, other than computer software, that embody trade secrets or are 

commercial or financial and confidential or privileged, to the extent that such data pertain to 

items, components, or processes developed at private expense, including minor modifications. 

"Restricted computer software" means computer software developed at private expense and that 

is a trade secret, is commercial or financial and confidential or privileged, or is copyrighted 

computer software, including minor modifications of the computer software. 

"Restricted rights," as used in this clause, means the rights of the Government in restricted 

computer software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this 

clause, or as otherwise may be provided in a collateral agreement incorporated in and made part 

of this contract, including minor modifications of such computer software. 

"Technical data" means recorded information (regardless of the form or method of the recording) 

of a scientific or technical nature (including computer databases and computer software 

documentation). This term does not include computer software or financial, administrative, cost or 

pricing, or management data or other information incidental to contract administration. The term 

includes recorded information of a scientific or technical nature that is included in computer 

databases (See 41 U.S.C. 403(8)). 

"Unlimited rights" means the rights of the Government to use, disclose, reproduce, prepare 

derivative works, distribute copies to the public, and perform publicly and display publicly, in any 

manner and for any purpose, and to have or permit others to do so. 

(b) Allocation of rights. 

(1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited rights 

in-

(i) Data first produced in the performance of this contract; 

(ii) Form, fit, and function data delivered under this contract; 

(iii) Data delivered under this contract (except for restricted computer software) that constitute 

manuals or instructional and training material for installation, operation, or routine maintenance 

and repair of items, components, or processes delivered or furnished for use under this contract; 

and 
 NNG12CR31C

55

(iv) All other data delivered under this contract unless provided otherwise for limited rights data or 

restricted computer software in accordance with paragraph (g) of this clause. 

(2) The Contractor shall have the right to-

(i) Assert copyright in data first produced in the performance of this contract to the extent 

provided in paragraph (c)(1) of this clause; 

(ii) Use, release to others, reproduce, distribute, or publish any data first produced or specifically 

used by the Contractor in the performance of this contract, unless provided otherwise in 

paragraph (d) of this clause; 

(iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright notices 

and to take other appropriate action, in accordance with paragraphs (e) and (f) of this clause; and 

(iv) Protect from unauthorized disclosure and use those data that are limited rights data or 

restricted computer software to the extent provided in paragraph (g) of this clause. 

(c) Copyright-

(1) Data first produced in the performance of this contract. 

(i) Unless provided otherwise in paragraph (d) of this clause, the Contractor may, without prior 

approval of the Contracting Officer, assert copyright in scientific and technical articles based on or 

containing data first produced in the performance of this contract and published in academic, 

technical or professional journals, symposia proceedings, or similar works. The prior, express 

written permission of the Contracting Officer is required to assert copyright in all other data first 

produced in the performance of this contract. 

(ii) When authorized to assert copyright to the data, the Contractor shall affix the applicable 

copyright notices of 17 U.S.C. 401 or 402, and an acknowledgment of Government sponsorship 

(including contract number). 

(iii) For data other than computer software, the Contractor grants to the Government, and others 

acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted 

data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly 

and display publicly by or on behalf of the Government. For computer software, the Contractor 

grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, 

worldwide license in such copyrighted computer software to reproduce, prepare derivative works, 

and perform publicly and display publicly (but not to distribute copies to the public) by or on behalf 

of the Government. 

(2) Data not first produced in the performance of this contract. The Contractor shall not, without 

the prior written permission of the Contracting Officer, incorporate in data delivered under this 

contract any data not first produced in the performance of this contract unless the Contractor-

(i) Identifies the data; and 

(ii) Grants to the Government, or acquires on its behalf, a license of the same scope as set forth 

in paragraph (c)(1) of this clause or, if such data are restricted computer software, the 

Government shall acquire a copyright license as set forth in paragraph (g)(4) of this clause (if 

included in this contract) or as otherwise provided in a collateral agreement incorporated in or 

made part of this contract. 

(3) Removal of copyright notices. The Government will not remove any authorized copyright 

notices placed on data pursuant to this paragraph (c), and will include such notices on all 

reproductions of the data. 
 NNG12CR31C

56

(d) Release, publication, and use of data. The Contractor shall have the right to use, release to 

others, reproduce, distribute, or publish any data first produced or specifically used by the 

Contractor in the performance of this contract, except-

(1) As prohibited by Federal law or regulation (e.g., export control or national security laws or 

regulations); 

(2) As expressly set forth in this contract; or 

(3) If the Contractor receives or is given access to data necessary for the performance of this 

contract that contain restrictive markings, the Contractor shall treat the data in accordance with 

such markings unless specifically authorized otherwise in writing by the Contracting Officer. 

(i) The Contractor agrees not to establish claim to copyright, publish or release to others any 

computer software first produced in the performance of this contract without the Contracting 

Officer's prior written permission. 

(ii) If the Government desires to obtain copyright in computer software first produced in the 

performance of this contract and permission has not been granted as set forth in paragraph 

(d)(3)(i) of this clause, the Contracting Officer may direct the contractor to assert, or authorize the 

assertion of, claim to copyright in such data and to assign, or obtain the assignment of, such 

copyright to the Government or its designated assignee. 

(iii) Whenever the word "establish" is used in this clause, with reference to a claim to copyright, it 

shall be construed to mean "assert". 

(e) Unauthorized marking of data. 

(1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if 

any data delivered under this contract are marked with the notices specified in paragraph (g)(3) or 

(g) (4) if included in this clause, and use of the notices is not authorized by this clause, or if the 

data bears any other restrictive or limiting markings not authorized by this contract, the 

Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore 

the markings. However, pursuant to 41 U.S.C. 253d, the following procedures shall apply prior to 

canceling or ignoring the markings. 

(i) The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60 

days from receipt of the inquiry to provide written justification to substantiate the propriety of the 

markings; 

(ii) If the Contractor fails to respond or fails to provide written justification to substantiate the 

propriety of the markings within the 60-day period (or a longer time approved in writing by the 

Contracting Officer for good cause shown), the Government shall have the right to cancel or 

ignore the markings at any time after said period and the data will no longer be made subject to 

any disclosure prohibitions. 

(iii) If the Contractor provides written justification to substantiate the propriety of the markings 

within the period set in paragraph (e)(1)(i) of this clause, the Contracting Officer will consider such 

written justification and determine whether or not the markings are to be cancelled or ignored. If 

the Contracting Officer determines that the markings are authorized, the Contractor will be so 

notified in writing. If the Contracting Officer determines, with concurrence of the head of the 

contracting activity, that the markings are not authorized, the Contracting Officer will furnish the 

Contractor a written determination, which determination will become the final agency decision 

regarding the appropriateness of the markings unless the Contractor files suit in a court of 

competent jurisdiction within 90 days of receipt of the Contracting Officer's decision. The 

Government will continue to abide by the markings under this paragraph (e)(1)(iii) until final 

resolution of the matter either by the Contracting Officer's determination becoming final (in which 
 NNG12CR31C

57

instance the Government will thereafter have the right to cancel or ignore the markings at any 

time and the data will no longer be made subject to any disclosure prohibitions), or by final 

disposition of the matter by court decision if suit is filed. 

(2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified 

in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 

552) if necessary to respond to a request thereunder. 

(3) Except to the extent the Government's action occurs as the result of final disposition of the 

matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of 

the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may 

arise as the result of the Government removing or ignoring authorized markings on data delivered 

under this contract. 

(f) Omitted or incorrect markings. 

(1) Data delivered to the Government without any restrictive markings shall be deemed to have 

been furnished with unlimited rights. The Government is not liable for the disclosure, use, or 

reproduction of such data. 

(2) If the unmarked data has not been disclosed without restriction outside the Government, the 

Contractor may request, within 6 months (or a longer time approved by the Contracting Officer in 

writing for good cause shown) after delivery of the data, permission to have authorized notices 

placed on the data at the Contractor's expense. The Contracting Officer may agree to do so if the 

Contractor-

(i) Identifies the data to which the omitted notice is to be applied; 

(ii) Demonstrates that the omission of the notice was inadvertent; 

(iii) Establishes that the proposed notice is authorized; and 

(iv) Acknowledges that the Government has no liability for the disclosure, use, or reproduction of 

any data made prior to the addition of the notice or resulting from the omission of the notice. 

(3) If data has been marked with an incorrect notice, the Contracting Officer may-

(i) Permit correction of the notice at the Contractor's expense if the Contractor identifies the data 

and demonstrates that the correct notice is authorized; or 

(ii) Correct any incorrect notices. 

(g) Protection of limited rights data and restricted computer software. 

(1) The Contractor may withhold from delivery qualifying limited rights data or restricted computer 

software that are not data identified in paragraphs (b)(1)(i), (ii), and (iii) of this clause. As a 

condition to this withholding, the Contractor shall-

(i) Identify the data being withheld; and 

(ii) Furnish form, fit, and function data instead. 

(2) Limited rights data that are formatted as a computer database for delivery to the Government 

shall be treated as limited rights data and not restricted computer software. 

(3) Notwithstanding paragraph (g)(1) of this clause, the contract may identify and specify the 

delivery of limited rights data, or the Contracting Officer may require by written request the 

delivery of limited rights data that has been withheld or would otherwise be entitled to be withheld. 
 NNG12CR31C

58

If delivery of that data is required, the Contractor shall affix the following "Limited Rights Notice" 

to the data and the Government will treat the data, subject to the provisions of paragraphs (e) and 

(f) of this clause, in accordance with the notice: 

Limited Rights Notice (Dec 2007) 

(a) These data are submitted with limited rights under Government Contract No. _____ (and 

subcontract ______, if appropriate). These data may be reproduced and used by the Government 

with the express limitation that they will not, without written permission of the Contractor, be used 

for purposes of manufacture nor disclosed outside the Government; except that the Government 

may disclose these data outside the Government for the following purposes, if any; provided that 

the Government makes such disclosure subject to prohibition against further use and disclosure:

(i) Use (except for manufacture) by support service contractors.

(ii) Evaluation by nongovernment evaluators.

(iii) Use (except for manufacture) by other contractors participating in the Government's program 

of which the specific contract is a part.

(iv) Emergency repair or overhaul work.

(v) Release to a foreign government, or its instrumentalities, if required to serve the interests of 

the U.S. Government, for information or evaluation, or for emergency repair or overhaul work by 

the foreign government.

(vi) or any other legitimate government use

(b) This notice shall be marked on any reproduction of these data, in whole or in part. 

(End of notice) 

(4)(i) Notwithstanding paragraph (g)(1) of this clause, the contract may identify and specify the 

delivery of restricted computer software, or the Contracting Officer may require by written request 

the delivery of restricted computer software that has been withheld or would otherwise be entitled 

to be withheld. If delivery of that computer software is required, the Contractor shall affix the 

following "Restricted Rights Notice" to the computer software and the Government will treat the 

computer software, subject to paragraphs (e) and (f) of this clause, in accordance with the notice: 

Restricted Rights Notice (Dec 2007) 

(a) This computer software is submitted with restricted rights under Government Contract No. 

_______ (and subcontract ________, if appropriate). It may not be used, reproduced, or 

disclosed by the Government except as provided in paragraph (b) of this notice or as otherwise 

expressly stated in the contract. 

(b) This computer software may be-

(1) Used or copied for use with the computer(s) for which it was acquired, including use at any 

Government installation to which the computer(s) may be transferred; 

(2) Used or copied for use with a backup computer if any computer for which it was acquired is 

inoperative; 

(3) Reproduced for safekeeping (archives) or backup purposes; 
 NNG12CR31C

59

(4) Modified, adapted, or combined with other computer software, provided that the modified, 

adapted, or combined portions of the derivative software incorporating any of the delivered, 

restricted computer software shall be subject to the same restricted rights; 

(5) Disclosed to and reproduced for use by support service Contractors or their subcontractors in 

accordance with paragraphs (b)(1) through (4) of this notice; and 

(6) Used or copied for use with a replacement computer and other legitimate government use.

(c) Notwithstanding the foregoing, if this computer software is copyrighted computer software, it is 

licensed to the Government with the minimum rights set forth in paragraph (b) of this notice. 

(d) Any other rights or limitations regarding the use, duplication, or disclosure of this computer 

software are to be expressly stated in, or incorporated in, the contract. 

(e) This notice shall be marked on any reproduction of this computer software, in whole or in part. 

(End of notice) 

(ii) Where it is impractical to include the Restricted Rights Notice on restricted computer software, 

the following short-form notice may be used instead: 

Restricted Rights Notice Short Form (Jun 1987) 

Use, reproduction, or disclosure is subject to restrictions set forth in Contract No. _______ (and 

subcontract, if appropriate) with ________ (name of Contractor and subcontractor). 

(End of notice) 

(iii) If restricted computer software is delivered with the copyright notice of 17 U.S.C. 401, it will be 

presumed to be licensed to the Government without disclosure prohibitions, with the minimum 

rights set forth in paragraph (b) of this clause. 

(h) Subcontracting. The Contractor shall obtain from its subcontractors all data and rights therein 

necessary to fulfill the Contractor's obligations to the Government under this contract. If a 

subcontractor refuses to accept terms affording the Government those rights, the Contractor shall 

promptly notify the Contracting Officer of the refusal and shall not proceed with the subcontract 

award without authorization in writing from the Contracting Officer. 

(i) Relationship to patents or other rights. Nothing contained in this clause shall imply a license to 

the Government under any patent or be construed as affecting the scope of any license or other 

right otherwise granted to the Government. 

(End of clause)

I.63 52.227-16 ADDITIONAL DATA REQUIREMENTS (JUN 1987)

I.64 52.227-17 RIGHTS IN DATA—SPECIAL WORKS (DEC 2007) as modified by NFS 

1852.227-17

I.65 52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE (DEC 2007) as modified by 

NFS 1852.227-19

I.66 52.228-7 INSURANCE – LIABILITY TO THIRD PERSONS (MAR 1996)

I.67 52.230-2 COST ACCOUNTING STANDARDS (MAY 2012)

I.68 52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS (JUN 2010)
 NNG12CR31C

60

I.69 52.232-9 LIMITATION ON WITHOLDING OF PAYMENTS (APR 1984)

I.70 52.232-17 INTEREST (OCT 2010)

I.71 52.232-22 LIMITATION OF FUNDS (APR 1984)

I.72 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

I.73 52.232-25 PROMPT PAYMENT (OCT 2008) – ALTERNATE I (FEB 2002)

I.74 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – CENTRAL CONTRACTOR 

REGISTRATION (OCT 2003)

I.75 52.233-1 DISPUTES (JUL 2002) – ALTERNATE I (DEC 1991)

I.76 52.233-3 PROTEST AFTER AWARD (AUG 1996) – ALTERNATE I (JUN 1985)

I.77 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.78 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND 

VEGETATION (APR 1984)

I.79 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

I.80 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)

I.81 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)

I.82 52.242-3 PENALITIES FOR UNALLOWABLE COSTS (MAY 2001)

I.83 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS (JAN 1997)

I.84 52.242-13 BANKRUPTCY (JUL 1995)

I.85 52.243-2 CHANGES – COST-REIMBURSEMENT (AUG 1987) – ALTERNATE II (APR 

1984)

I.86 52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

I.87 52.245-1 GOVERNMENT PROPERTY (AUG 2010) 

I.88 52.245-9 USE AND CHARGES (AUG 2010)

I.89 52.246-25 LIMITATION OF LIABILITY – SERVICES (FEB 1997)

I.90 52.248-1 VALUE ENGINEERING (OCT 2010)

I.91 52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 2004)

I.92 52.249-14 EXCUSABLE DELAYS (APR 1984)

I.93 52.251-1 GOVERNMENT SUPPLY SOURCES (AUG 2010)

I.94 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
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I.95 52.203-14 DISPLAY OF HOTLINE POSTER(S). (DEC 2007)

(a) Definition.

―United States,‖ as used in this clause, means the 50 States, the District of Columbia, and 

outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)–

(1) During contract performance in the United States, the Contractor shall 

prominently display in common work areas within business segments performing 

work under this contract and at contract work sites–

(i) Any agency fraud hotline poster or Department of Homeland Security 

(DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; 

and

(ii) Any DHS fraud hotline poster subsequently identified by the 

Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of 

providing information to employees, the Contractor shall display an electronic 

version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from

Inspector General Hotline Posters may be obtained from NASA Office of Inspector General, Code 

W, Washington, DC 20546-001

(c) If the Contractor has implemented a business ethics and conduct awareness program, 

including a reporting mechanism, such as a hotline poster, then the Contractor need not 

display any agency fraud hotline posters as required in paragraph (b) of this clause, other 

than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this 

paragraph (d), in all subcontracts that exceed $5,000,000, except when the subcontract–

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

I.96 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of Procurement Officer, NASA Goddard Space 

Flight Center and shall not be binding until so approved. 

(End of clause)

I.97 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:
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(1) When the Contractor becomes aware that a change in its ownership has 

occurred, or is certain to occur, that could result in changes in the valuation of its 

capitalized assets in the accounting records, the Contractor shall notify the 

Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to 

asset valuations or any other cost changes have occurred or are certain to occur 

as a result of a change in ownership.

(b) The Contractor shall –

(1) Maintain current, accurate, and complete inventory records of assets and 

their costs;

(2) Provide the ACO or designated representative ready access to the records 

upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, 

accumulated depreciation or amortization, and remaining useful lives are 

identified accurately before and after each of the Contractor‘s ownership 

changes; and

(4) Retain and continue to maintain depreciation and amortization schedules 

based on the asset records maintained before each Contractor ownership 

change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this 

contract that meet the applicability requirement of FAR 15.408(k).

(End of clause)

I.98 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (APR 

2009)

(a) Definitions. As used in this clause –

Long-term contract means a contract of more than five years in duration, including 

options. However, the term does not include contracts that exceed five years in duration 

because the period of performance has been extended for a cumulative period not to 

exceed six months under the clause at 52.217-8, Option to Extend Services, or other 

appropriate authority.

Small business concern means a concern, including its affiliates, that is independently 

owned and operated, not dominant in the field of operation in which it is bidding on 

Government contracts, and qualified as a small business under the criteria in 13 CFR 

part 121 and the size standard in paragraph I of this clause. Such a concern is ―not 

dominant in its field of operation‖ when it does not exercise a controlling or major 

influence on a national basis in a kind of business activity in which a number of business 

concerns are primarily engaged. In determining whether dominance exists, consideration 

shall be given to all appropriate factors, including volume of business, number of 

employees, financial resources, competitive status or position, ownership or control of 

materials, processes, patents, license agreements, facilities, sales territory, and nature of 

business activity.

(b) If the Contractor represented that it was a small business concern prior to award of 

this contract, the Contractor shall rerepresent its size status according to paragraph (e) of 
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this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of 

the following:

(1) Within 30 days after execution of a novation agreement or within 30 days 

after modification of the contract to include this clause, if the novation agreement 

was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation 

or within 30 days after modification of the contract to include this clause, if the 

merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts –

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; 

and

(ii) Within 60 to 120 days prior to the date specified in the contract for 

exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard 

in effect at the time of this rerepresentation that corresponds to the North American 

Industry Classification System (NAICS) code assigned to this contract. The small 

business size standard corresponding to this NAICS code can be found at 

http://www.sba.gov/ services/contractingopportunities/ sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does 

not manufacture itself, for a contract other than a construction or service contract, is 500 

employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the 

rerepresentation required by paragraph (b) of this clause by validating or updating all its 

representations in the Online Representations and Certifications Application and its data 

in the Central Contractor Registration, as necessary, to ensure that they reflect the 

Contractor‘s current status. The Contractor shall notify the contracting office in writing 

within the timeframes specified in paragraph (b) of this clause that the data have been 

validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to 

award of this contract, the Contractor may, but is not required to, take the actions 

required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does 

not have a representation in ORCA for the NAICS code applicable to this contract, the 

Contractor is required to complete the following rerepresentation and submit it to the 

contracting office, along with the contract number and the date on which the 

rerepresentation was completed:

The Contractor represents that it ___ is, ___ is not a small business concern under 

NAICS Code _____ assigned to contract number _____. (Contractor to sign and date 

and insert authorized signer’s name and title).

(End of clause)

I.99 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

(a) The use of overtime is authorized under this contract if the overtime premium does 
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64

not exceed $0 or the overtime premium is paid for work –

(1) Necessary to cope with emergencies such as those resulting from accidents, 

natural disasters, breakdowns of production equipment, or occasional production 

bottlenecks of a sporadic nature;

(2) By indirect-labor employees such as those performing duties in connection 

with administration, protection, transportation, maintenance, standby plant 

protection, operation of utilities, or accounting;

(3) To perform tests, industrial processes, laboratory procedures, loading or 

unloading of transportation conveyances, and operations in flight or afloat that 

are continuous in nature and cannot reasonably be interrupted or completed 

otherwise; or

(4) That will result in lower overall costs to the Government.

(b) Any request for estimated overtime premiums that exceeds the amount specified 

above shall include all estimated overtime for contract completion and shall –

(1) Identify the work unit; e.g., department or section in which the requested 

overtime will be used, together with present workload, staffing, and other data of 

the affected unit sufficient to permit the Contracting Officer to evaluate the 

necessity for the overtime;

(2) Demonstrate the effect that denial of the request will have on the contract 

delivery or performance schedule;

(3) Identify the extent to which approval of overtime would affect the performance 

or payments in connection with other Government contracts, together with 

identification of each affected contract; and

(4) Provide reasons why the required work cannot be performed by using 

multishift operations or by employing additional personnel.

(End of clause)

I.100 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

I.101 52.244-2 SUBCONTRACTS (OCT 2010)

(a) Definitions. As used in this clause –

―Approved purchasing system‖ means a Contractor‘s purchasing system that has been 

reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation 

(FAR).

―Consent to subcontract‖ means the Contracting Officer‘s written consent for the 

Contractor to enter into a particular subcontract.

―Subcontract‖ means any contract, as defined in FAR Subpart 2.1, entered into by a 

subcontractor to furnish supplies or services for performance of the prime contract or a 

subcontract. It includes, but is not limited to, purchase orders, and changes and 

modifications to purchase orders.

(b) When this clause is included in a fixed-price type contract, consent to subcontract is 
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65

required only on unpriced contract actions (including unpriced modifications or unpriced 

delivery orders), and only if required in accordance with paragraph (c) or (d) of this 

clause.

(c) If the Contractor does not have an approved purchasing system, consent to 

subcontract is required for any subcontract that –

(1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or

(2) Is fixed-price and exceeds –

(i) For a contract awarded by the Department of Defense, the Coast 

Guard, or the National Aeronautics and Space Administration, the 

greater of the simplified acquisition threshold or 5 percent of the total 

estimated cost of the contract; or

(ii) For a contract awarded by a civilian agency other than the Coast 

Guard and the National Aeronautics and Space Administration, either the 

simplified acquisition threshold or 5 percent of the total estimated cost of 

the contract.

(d) If the Contractor has an approved purchasing system, the Contractor nevertheless 

shall obtain the Contracting Officer‘s written consent before placing the following 

subcontracts: Professional and consultant costs as defined in FAR 31.205-33

(e)(1) The Contractor shall notify the Contracting Officer reasonably in advance of placing 

any subcontract or modification thereof for which consent is required under paragraph 

(b), (c) or (d) of this clause, including the following information:

(i) A description of the supplies or services to be subcontracted.

(ii) Identification of the type of subcontract to be used.

(iii) Identification of the proposed subcontractor.

(iv) The proposed subcontract price.

(v) The subcontractor‘s current, complete, and accurate certified cost or 

pricing data and Certificate of Current Cost or Pricing Data, if required by 

other contract provisions.

(vi) The subcontractor‘s Disclosure Statement or Certificate relating to 

Cost Accounting Standards when such data are required by other 

provisions of this contract.

(vii) A negotiation memorandum reflecting –

(A) The principal elements of the subcontract price negotiations;

(B) The most significant considerations controlling establishment 

of initial or revised prices;

I The reason certified cost or pricing data were or were not 

required;

(D) The extent, if any, to which the Contractor did not rely on the 
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66

subcontractor‘s certified cost or pricing data in determining the 

price objective and in negotiating the final price;

(E) The extent to which it was recognized in the negotiation that 

the subcontractor‘s certified cost or pricing data were not 

accurate, complete, or current; the action taken by the 

Contractor and the subcontractor; and the effect of any such 

defective data on the total price negotiated;

(F) The reasons for any significant difference between the 

Contractor‘s price objective and the price negotiated; and

(G) A complete explanation of the incentive fee or profit plan 

when incentives are used. The explanation shall identify each 

critical performance element, management decisions used to 

quantify each incentive element, reasons for the incentives, and 

a summary of all trade-off possibilities considered.

(2) The Contractor is not required to notify the Contracting Officer in advance of 

entering into any subcontract for which consent is not required under paragraph 

(b), (c) or (d) of this clause.

(f) Unless the consent or approval specifically provides otherwise, neither consent by the 

Contracting Officer to any subcontract nor approval of the Contractor‘s purchasing 

system shall constitute a determination –

(1) Of the acceptability of any subcontract terms or conditions;

(2) Of the allowability of any cost under this contract; or

(3) To relieve the Contractor of any responsibility for performing this contract.

(g) No subcontract or modification thereof placed under this contract shall provide for 

payment on a cost-plus-a-percentage-of-cost basis, and any fee payable under costreimbursement type subcontracts shall not exceed the fee limitations in FAR 15.404-

4I(4)(i).

(h) The Contractor shall give the Contracting Officer immediate written notice of any 

action or suit filed and prompt notice of any claim made against the Contractor by any 

subcontractor or vendor that, in the opinion of the Contractor, may result in litigation 

related in any way to this contract, with respect to which the Contractor may be entitled to 

reimbursement from the Government.

(i) The Government reserves the right to review the Contractor‘s purchasing system as 

set forth in FAR Subpart 44.3.

(j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which 

were evaluated during negotiations: Lockheed Martin Services, Inc

 Jackson & Tull

(End of clause)

I.102 52.244-6 SUBCONTRACTS FOR COMMERICAL ITEMS (DEC 2010)

(a) Definitions. As used in this clause–
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―Commercial item‖ has the meaning contained in Federal Acquisition Regulation 2.101, 

Definitions.

―Subcontract‖ includes a transfer of commercial items between divisions, subsidiaries, or 

affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its 

subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as 

components of items to be supplied under this contract.

(c) (1) The Contractor shall insert the following clauses in subcontracts for commercial 

items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 

2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if the 

subcontract exceeds $5,000,000 and has a performance period of more 

than 120 days. In altering this clause to identify the appropriate parties, 

all disclosures of violation of the civil False Claims Act or of Federal 

criminal law shall be directed to the agency Office of the Inspector 

General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery 

and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-

5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 

U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further 

subcontracting opportunities. If the subcontract (except subcontracts to 

small business concerns) exceeds $650,000 ($1.5 million for 

construction of any public facility), the subcontractor must include 

52.219-8 in lower tier subcontracts that offer subcontracting 

opportunities.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 

4212(a)).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 

2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor 

Relations Act (DEC 2010) (E.O. 13496), if flow down is required in 

accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 

7104(g)).

(ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial 

Vessels (FEB 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow 

down is required in accordance with paragraph (d) of FAR clause 

52.247-64.

(2) While not required, the Contractor may flow down to subcontracts for 

commercial items a minimal number of additional clauses necessary to satisfy its 

contractual obligations.
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68

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

subcontracts awarded under this contract.

(End of clause)

I.103 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if 

they were given in full text. Upon request, the Contracting Officer will make their full text available. 

Also, the full text of a clause may be accessed electronically at this/these address (es): Federal 

Acquisition Regulation (FAR) clauses:

https://www.acquisition.gov/far/

NASA FAR Supplement (NFS) clauses:

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

(End of clause)

I.104 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR 

Chapter 1) clause with an authorized deviation is indicated by the addition of 

―(DEVIATION)‖ after the date of the clause.

(b) The use in this solicitation or contract of any NASA FAR Supplement (48 CFR 

Chapter 18) clause with an authorized deviation is indicated by the addition of 

―(DEVIATION)‖ after the name of the regulation.

(End of clause)

I.105 1852.203-70 DISPLAY OF INSPECTOR GENERAL HOTLINE POSTERS (JUN 2001)

I.106 1852.219-75 SMALL BUSINESS SUBCONTRACTING REPORTING (MAY 1999)

I.107 1852.223-74 DRUG-AND ALCOHOL-FREE WORKFORCE (MAR 1996)

I.108 1852.225-71 RESTRICTION ON FUNDING ACTIVITY WITH CHINA (FEB 2012)

(a) Definition - ―China‖ or ―Chinese-owned company‖ means the People‘s Republic of China, any 

company owned by the People‘s Republic of China or any company incorporated under the laws of 

the People‘s Republic of China.

(b) Public Laws 112-10, Section 1340(a) and 112-55, Section 539, restrict NASA from 

contracting to participate, collaborate, coordinate bilaterally in any way with China or a Chineseowned company using funds appropriated on or after April 25, 2011. Contracts for commercial and 

non developmental items are exempted from the prohibition because they constitute purchase of 

goods or services that would not involve participation, collaboration, or coordination between the 

parties. 

(c) This contract may use restricted funding that was appropriated on or after April 25, 2011. 

The contractor shall not contract with China or Chinese-owned companies for any effort related to 

this contract except for acquisition of commercial and non-developmental items. If the contractor 

anticipates making an award to China or Chinese-owned companies, the contractor must contact 

the contracting officer to determine if funding on this contract can be used for that purpose.
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69

(d) Subcontracts - The contractor shall include the substance of this clause in all subcontracts 

made hereunder. 

(End of clause)

I.109 1852.237-70 EMERGENCY EVACUATION PROCEDURES (DEC 1988)

I.110 1852.242-78 EMERGENCY MEDICAL SERVICES AND EVACUATION (APR 2001)

I.111 1852.243-71 SHARED SAVINGS (MAR 1997)

I.112 1852.204-75 SECURITY CLASSIFICATION REQUIREMENTS. (SEP 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 TOP SECRET. See Federal Acquisition 

Regulation clause 52.204-2 in this contract and DD Form 254, Contract Security Classification 

Specification, Attachment D. 

(End of clause)

I.113 1852.204-76 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES (JAN 2011)

(a) The contractor shall protect the confidentiality, integrity, and availability of NASA Electronic 

Information and IT resources and protect NASA Electronic Information from unauthorized 

disclosure.

(b) This clause is applicable to all NASA contractors and sub-contractors that process, manage, 

access, or store unclassified electronic information, to include Sensitive But Unclassified (SBU) 

information, for NASA in support of NASA‘s missions, programs, projects and/or institutional

requirements. Applicable requirements, regulations, policies, and guidelines are identified in the 

Applicable Documents List (ADL) provided as an attachment to the contract. The documents 

listed in the ADL can be found at: http://www.nasa.gov/offices/ocio/itsecurity/index.html. For 

policy information considered sensitive, the documents will be identified as such in the ADL and 

made available through the Contracting Officer.

(c) Definitions.

(1) IT resources means any hardware or software or interconnected system or subsystem of 

equipment, that is used to process, manage, access, or store electronic information.

(2) NASA Electronic Information is any data (as defined in the Rights in Data clause of this 

contract) or information (including information incidental to contract administration, such as 

financial, administrative, cost or pricing, or management information) that is processed, managed, 

accessed or stored on an IT system(s) in the performance of a NASA contract.

(3) IT Security Management 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. Unlike the IT security plan, which addresses the IT system, the IT 

Security Management Plan addresses how the contractor will manage personnel and processes 

associated with IT Security on the instant contract.

(4) IT Security Plan—this is a FISMA requirement; see the ADL for applicable requirements. The 

IT Security Plan is specific to the IT System and not the contract. Within 30 days after award, the 

contractor shall develop and deliver an IT Security Management Plan to the Contracting Officer; 

the approval authority will be included in the ADL. All contractor personnel requiring physical or 

logical access to NASA IT resources must complete NASA‘s annual IT

Security Awareness training. Refer to the IT Training policy located in the IT Security Web site at 

https://itsecurity.nasa.gov/policies/index.html.

(d) The contractor shall afford Government access to the Contractor‘s and subcontractors‘ 
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70

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 (to include vulnerability testing), investigation and audit to safeguard against threats 

and hazards to the integrity, availability, and confidentiality of NASA Electronic Information or to 

the function of IT systems operated on behalf of NASA, and to preserve evidence of computer 

crime.

(e) 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 in accordance with 

retention documentation available in the ADL. The contractor shall provide a listing of all NASA 

Electronic information and IT resources generated in performance of the contract. At that time, 

the contractor shall request disposition instructions from the Contracting Officer. The Contracting 

Officer will provide disposition instructions within 30 calendar days of the contractor‘s request. 

Parts of the clause and referenced ADL may be waived by the contracting officer, if the 

contractor‘s ongoing IT security program meets or exceeds the requirements of NASA Procedural 

Requirements (NPR) 2810.1 in effect at time of award. The current version

of NPR 2810.1 is referenced in the ADL. The contractor shall submit a written waiver request to

the Contracting Officer within 30 days of award. The waiver request will be reviewed by the 

Center IT Security Manager. If approved, the Contractor Officer will notify the contractor, by 

contract modification, which parts of the clause or provisions of the ADL are waived.

(f) The contractor shall insert this clause, including this paragraph in all subcontracts that process, 

manage, access or store NASA Electronic Information in support of the mission of the Agency.

(End of clause)

I.114 1852.215-84 OMBUDSMAN (NOVEMBER 2011)—ALTERNATE I (JUNE 2000)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from 

offerors, potential offerors, and contractors during the preaward and postaward phases of this 

acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source 

of the concern. The existence of the ombudsman is not to diminish the authority of the contracting 

officer, the Source Evaluation Board, or the selection official. Further, the ombudsman does not 

participate in the evaluation of proposals, the source selection process, or the adjudication of 

formal contract disputes. Therefore, before consulting with an ombudsman, interested parties 

must first address their concerns, issues, disagreements, and/or recommendations to the 

contracting officer for resolution. 

(b) If resolution cannot be made by the contracting officer, interested parties may contact the 

installation ombudsman, whose name, address, telephone number, facsimile number, and e-mail 

address may be found at: http://prod.nais.nasa.gov/pub/pub_library/Omb.html. Concerns, issues, 

disagreements, and recommendations which cannot be resolved at the installation may be 

referred to the Agency ombudsman identified at the above URL. Please do not contact the 

ombudsman to request copies of the solicitation, verify offer due date, or clarify technical 

requirements. Such inquiries shall be directed to the Contracting Officer or as specified 

elsewhere in this document.

(c) If this is a task or delivery order contract, the ombudsman shall review complaints from 

contractors and ensure they are afforded a fair opportunity to be considered, consistent with the 

procedures of the contract.

(End of clause)

I.115 1852.216-89 ASSIGNMENT AND RELEASE FORMS. (JUL 1997)

I.116 1852.219-74 USE OF RURAL AREA SMALL BUSINESSES. (SEP 1990)
 NNG12CR31C

71

I.117 1852.219-76 NASA 8 PERCENT GOAL (JUL 1997)

(a) Definitions.

―Historically Black Colleges or University,‖ as used in this clause, means an institution determined 

by the Secretary of Education to meet the requirements of 34 CFR Section 608.2. The term also 

includes any nonprofit research institution that was an integral part of such a college or university 

before November 14, 1986. 

―Minority institutions,‖ as used in this clause, means an institution of higher education meeting the 

requirements of section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)) 

which for the purposes of this clause includes a Hispanic-serving institution of higher education 

as defined in section 316(b)(1) of the Act (20 U.S.C. 1059c(b)(1)).

―Small disadvantaged business concern,‖ as used in this clause, means a small business concern 

that (1) is at least 51 percent unconditionally owned by one or more individuals who are both 

socially and economically disadvantaged, or a publicly owned business having at least 51 percent 

of its stock unconditionally owned by one or more socially and economically disadvantaged 

individuals, and (2) has its management and daily business controlled by one or more such 

individuals. This term also means a small business concern that is at least 51 percent 

unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian 

Organization, or a publicly owned business having at least 51 percent of its stock unconditionally 

owned by one or more of these entities, which has its management and daily business controlled 

by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization, and 

which meets the requirements of 13 CFR 124.

―Women-owned small business concern,‖ as used in this clause, means a small business 

concern (1) which is at least 51 percent owned by one or more women or, in the case of any 

publicly owned business, at least 51 percent of the stock of which is owned by one or more 

women, and (2) whose management and daily business operations are controlled by one or more 

women.

(b) The NASA Administrator is required by statute to establish annually a goal to make available 

to small disadvantaged business concerns, Historically Black Colleges and Universities, minority 

institutions, and women-owned small business concerns, at least 8 percent of NASA‘s 

procurement dollars under prime contracts or subcontracts awarded in support of authorized 

programs, including the space station by the time operational status is obtained. 

(c) the contractor hereby agree to assist NASA in achieving this goal by using its best efforts to 

award subcontracts to such entities to the fullest extent consistent with efficient contract 

performance.

(d) Contractors acting in good faith may rely on written representations by their subcontractors 

regarding their status as small disadvantaged business concerns, Historically Black Colleges and 

Universities, minority institutions, and women-owned small business concerns.

(End of clause)

I.118 1852.219-77 NASA MENTOR PROTÉGÉ PROGRAM. (MAY 2009)

I.119 1852.219-79 MENTOR REQUIREMENTS AND EVALUATION (MAY 2009)

I.120 1852.228-75 MINIUMUM INSURANCE COVERAGE (OCT 1988)

I.121 1852.235-70 CENTER FOR AEROSPACE INFORMATION. (DEC 2006)
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72

I.122 1852.235-73 FINAL SCIENTIFIC AND TECHNICAL REPORTS (DEC 2006) – ALT II 

(DEC 2005)

I.123 1852.237-72 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 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)
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73

I.124 1852.237-73 RELEASE OF SENSITIVE INFORMATION (JUN 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 
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74

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)

I.125 CLAUSES INCORPORATED BY REFERENCE -- SECTION I

Clause(s) incorporated by reference in this Section have the same force and effect as if they were 

given in full text. Clauses incorporated by reference which require a fill-in by the Government 

include the text of the affected paragraph(s) only. This does not limit the clause to the affected 

paragraph(s). The Contractor is responsible for understanding and complying with the entire 

clause. The full text of the clause is available at the addresses contained in clause 52.252-2, 
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75

Clauses Incorporated by Reference, of this contract.

(End of clause)

[END OF SECTION I]
 NNG12CR31C 

76 

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 

J.1 LIST OF ATTACHMENTS 

The following documents are attached hereto and made a part of this contract: 

Attachment Description Date No. of Pages

A Statement of Work 4/20/2011 64

B Direct Labor Rates, Indirect Rates, 

and Fixed Fee Matrices 

4/12/2012 71

C Financial Management Reporting 

Requirement

1/31/2012 5

D DD Form 254

Contract Security Classification 

Specification 

4/12/2011 3

E Safety and Health Plan 4/12/2012 48

F Quality Assurance Plan 4/12/2012 61

G IT Security Management Plan To be 

submitted 

thirty (30) 

days after 

contract 

award.

TBP

H Organizational Conflicts of Interest 

(OCI) Avoidance Plan

4/12/2012 27

I Contract Historical Data 03/30/11 2

J Personal Identity Verification (PIV) 

Procedures

2/11/2011 4

K Small Business Subcontracting 

Plan

4/12/2012 28

L IT Security Applicable Documents 

List (ADL)

1/31/2012 4

(End of Clause) 

[END OF SECTION J] 

(b) (4) (b) (4) (b) (4) (b) (4) (b) (4) (b) (4)