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National Aeronautics andSpace Administration

John H. Glenn Research CenterLewis FieldCleveland, OH 44135-3191

June 6, 2013

TO: Prospective Offerors

FROM: NASA Glenn Research Center Institutional Services Branch / CHC

SUBJECT: Request for Proposals (RFP), NNC13ZFD017J, Facilities, Operations, Repair and Maintenance II (FORM-II), AMENDMENT 2

The subject RFP is hereby amended. The amendment contains: Answers to Additional Contractor questions, an updated RFP (Clauses: E.5 Deduction Schedule, F.2 Period of Performance – Base Period and Option Periods, F.5 DELETED, G.2 Submission of Vouchers or Invoices for Payment – Task or Delivery Order Contract, I.5 Indefinite Quantity, M.3 Volume II – Price Evaluation Factor), updated amended Attachments J-B.1, J-B.4, and J-B.6.

The deadline for submissions has NOT changed.

The Government has made efforts to identify all changes to the RFP in red font, but makes no guarantee that every change has been captured.

Inquiries concerning this RFP should be directed to the undersigned at (216) 433-6843 or via email at [email protected] (please put Solicitation number NNC13ZFD017J in the subject line of email).

Thank you for your interest in this requirement.

Aaron A. OlmstedContract Specialist

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350)

RATINGDO

PAGE 1 OF 94

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NO.

NNC13ZFD017J SEALED BID (IFB) NEGOTIATED (RFP) 05/07/13 N/A

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

Aaron A. OlmstedNASA Glenn Research Center21000 Brookpark RoadMail Stop 60-1Cleveland, Ohio 44135

NOTE: In sealed bid solicitations “offer” and “Offeror” mean “bid” and “bidder”

mailto:[email protected]

SOLICITATION9. Sealed offers in original and (See Section L.14) copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in (See Section L.14) until 4:30 p.m. local time, on June 21, 2013 (Vol. III due June 14, 2013).CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L,. Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation. FINAL QUESTIONS for this RFP MUST BE RECIVED NO LATER THAN May 20, 2013 to receive an answer.10. FOR A. NAME B. TELEPHONE NO. (NO COLLECT CALLS) C. EMAIL ADDRESSINFORMATION AREA CODE NUMBER EXT.

CALL: Aaron A. Olmsted (216) 433-6843 N/A [email protected]. TABLE OF CONTENTS

(X) .SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)PART I – THE SCHEDULE PART II – CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 1 I CONTRACT CLAUSES 34B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.C DESCRIPTION/SPECS./WORK STATEMENT 5 J LIST OF ATTACHMENTS 50D PACKAGING AND MARKING 6 PART IV – REPRESENTATIONS AND INSTRUCTIONSE INSPECTION AND ACCEPTANCE 8 K REPRESENTATIONS, CERTIFICATIONS AND 53F DELIVERIES OR PERFORMANCE 10 OTHER STATEMENTS OF OFFERORSG CONTRACT ADMINISTRATION DATA 12 L INSTRS., CONDS., AND NOTICES TO OFFERORS 58H SPECIAL CONTRACT REQUIREMENTS 19 M EVALUATION FACTORS FOR AWARD 80

OFFER (Must be fully completed by Offeror)NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is

inserted by the Offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT(See Section I, clause No. 52.232-8)

10 CALENDAR DAYS %

20 CALENDAR DAYS %

30 CALENDAR DAYS %

CALENDAR DAYS %

14. ACKNOWLEDGMENT OF AMENDMENTS (The Offeror AMENDMENT NO DATE AMENDMENT NO DATEacknowledges receipt of amendments to the SOLICITATION). For Offerors and related documents numbered and dated: 15. NAME AND CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

ADDRESS OF OFFER (Type or print)OFFEROR

15B. TELEPHONE NO. 15C. CHECK IF REMITTANCE ADDRESS 17. SIGNATURE 18. OFFER DATE(Include area code) IS DIFFERENT FROM ABOVE – ENTER

SUCH ADDRESS IN SCHEDULE AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION 10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN: (4 copies unless otherwise specified)

ITEMG.2

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

Aaron A. Olmsted (Signature of Contracting Officer)

IMPORTANT – Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.NSN 7540-01-152-8064PREVIOUS EDITION NOT USABLE

33-133STANDARD FORM 33 (REV. 9-97)Prescribed by GSA

NNC13ZFD017J Facilities, Operations, Repair and Maintenance II (FORM-II)

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SUPPLIES AND/OR SERVICES TO BE PROVIDED

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 Statement of Work (SOW) incorporated as Attachment J-1 entitled “Facilities Operations, Repairs, and Maintenance II (FORM-II) Statement of Work.”

B.2 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

B.3 1852.216-78 FIRM FIXED-PRICE (DEC 1988)

(a) The firm fixed-price (FFP) Base Work element of this contract is indicated below:Each Section B.3(a) Contract Year Price shall equal the Contract Year Price as shown on Attachment J-B.1 Base Work Pricing Breakdown. Wherein a discrepancy exists between Section B.3(a) Contract Year Prices and Attachment J-B.1 Base Work Pricing Breakdown, Attachment J-B.1 Base Work Pricing Breakdown shall prevail.

(1) Contract Phase-in, 60-days (10/01/2013 to 11/30/2013) $ _______________

(2) Contract Year 1 (12/01/2013 to 09/30/2014) – Base Period $ _______________

(3) Contract Year 2 (10/01/2014 to 09/30/2015) – Base Period $ _______________

(4) Contract Year 3 (10/01/2015 to 09/30/2016) – Option 1 Period $ _______________



(7) Contract Year 6 (10/01/2018 to 03/31/2019) – Option 4 Period $ _______________(Six month extension period)

(b) The total of all firm-fixed price IDIQ task orders issued under this contract shall not exceed a maximum of $30,000,000.00 during the life of this contract.

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(c) The total contract value (Base Work element for all years + $30,000,000.00 Maximum Value for IDIQ Task Order element) is:

Total Contract Value: $ ______________________________________________________

(d) Pricing detail is incorporated in Attachment J-B.1 Base Work Pricing Breakdown and made part of this contract.

(e) For the FFP Base Work element of this contract, adjustments will be made to account for the following changing conditions:

(1) Trouble Calls (TCs): The number of TCs to be purchased each year is established in Attachment J-B.1 Base Work Pricing Breakdown. The TC quantity will be tracked monthly, and the total actual number assessed at the end of each Contract Year (CY). If, for any CY, the Government desires to purchase additional TCs (up to 10% above the established quantity), the TC unit price for that CY shall be used, and a contract modification will be issued.

(2) Minor Service Requests (MSRs): The number of MSRs to be purchased each year is established in Attachment J-B.1 Base Work Pricing Breakdown. The MSR quantity will be tracked monthly, and the total actual number assessed at the end of each Contract Year (CY). If, for any CY, the Government desires to purchase additional MSRs (up to 10% above the established quantity), the MSR unit price for that CY shall be used, and a contract modification will be issued.

(3) Preventative Maintenance (PM/PGM/PT&I): GRC Lewis Field’s asset inventory can increase or decrease as a result of the construction or demolition of buildings and/or systems and major building/system renovation. This will have a direct impact on the overall total of preventative maintenance activities (PM/PGM/PT&I) that are performed during a Contract Year. In addition, the number of preventative maintenance activities could change as the result of the Government’s decision to place properties into inactive states or through the acceptance of Reliability-Centered Maintenance (RCM) decisions (e.g., decision to run certain assets to failure).

Contract modifications to account for these situations will occur as follows:

a. Yearly Contract Modifications: Forty-five (45) days prior to the end of each Contract Year, the Government and the Contractor will perform an inventory of GRC Lewis Field assets and all preventative maintenance activities. The changes will be identified, and a price adjustment will be made accordingly (up or down). The newly defined inventory of assets and maintenance activities will become the baseline for the next Contract Year’s inventory activity.

b. Contract Modification due to Major Event: If, during any Contract Year, a major event occurs (defined as the demolition of a building or system, turn-over of a new building or system, completion of a major renovation, or major RCM decision), the contract will be modified to account for the change of preventative maintenance activities.

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B.4 IDIQ PRE-PRICED RATE AND LABOR HOUR RATE

(a) The firm fixed unit price of the pre-priced tasks identified in the SOW and outlined in Attachment J-B.2 IDIQ Pre-Priced Task Pricing is incorporated into this contract.

(b) The Government reserves the right to order services at the rates indicated in Attachment J-B.3 Labor Category Pricing in accordance with Clause 52.216-22 entitled Indefinite Quantity by using the procedures outlined in Clause 1852.216-80 entitled Task Ordering Procedure.

(c) The labor rates identified in Attachment J-B.3 Labor Category Pricing are incorporated into this contract.

B.5 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (MAR 1989)

(a) Of the total price of this contract, the sum of [TBD by NASA] is presently available for payment and allotted to this contract. It is anticipated that from time to time additional funds will be allocated to the contract in until the total price of said items is allotted.

(b) The Contractor agrees to perform or have performed work on the items specified in paragraph (a) of this clause up to the point at which, if this contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause would, in the exercise of reasonable judgment by the Contractor, approximate the total amount at the time allotted to the contract. The Contractor is not obligated to continue performance of the work beyond that point. The Government is not obligated in any event to pay or reimburse the Contractor more than the amount from time to time allotted to the contract, anything to the contrary in the Termination for Convenience of the Government clause notwithstanding.

(c)(1) It is contemplated that funds presently allotted to this contract will cover the work to be

performed until [the date identified in the award document and modifications issued thereto].

(2) If funds allotted are considered by the Contractor to be inadequate to cover the work to be performed until that date, or an agreed date substituted for it, the Contractor shall notify the Contracting Officer in writing when within the next 60 days the work will reach a point at which, if the contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause will approximate 75 percent of the total amount then allotted to the contract.

(3)(i) The notice shall state the estimate when the point referred to in paragraph (c) (2) of

this clause will be reached and the estimated amount of additional funds required to continue performance to the date specified in paragraph (c) (1) of this clause, or an agreed date substituted for it.

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(ii) The Contractor shall, 60 days in advance of the date specified in paragraph (c) (1) of this clause, or an agreed date substituted for it, advise the Contracting Officer in writing as to the estimated amount of additional funds required for the timely performance of the contract for a further period as may be specified in the contract or otherwise agreed to by the parties.

(4) If, after the notification referred to in paragraph (c) (3) (ii) of this clause, additional funds are not allotted by the date specified in paragraph (c) (1) of this clause, or an agreed date substituted for it, the Contracting Officer shall, upon the Contractor's written request, terminate this contract on that date or on the date set forth in the request, whichever is later, pursuant to the Termination for Convenience of the Government clause.

(d) When additional funds are allotted from time to time for continued performance of the work under this contract, the parties shall agree on the applicable period of contract performance to be covered by these funds. The provisions of paragraphs (b) and (c) of this clause shall apply to these additional allotted funds and the substituted date pertaining to them, and the contract shall be modified accordingly.

(e) If, solely by reason of the Government's failure to allot additional funds in amounts sufficient for the timely performance of this contract, the Contractor incurs additional costs or is delayed in the performance of the work under this contract, and if additional funds are allotted, an equitable adjustment shall be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the items to be delivered, or in the time of delivery, or both.

(f) The Government may at any time before termination, and, with the consent of the Contractor, after notice of termination, allot additional funds for this contract.

(g) The provisions of this clause with respect to termination shall in no way be deemed to limit the rights of the Government under the default clause of this contract. The provisions of this Limitation of Funds clause are limited to the work on and allotment of funds for the items set forth in paragraph (a) of this clause. This clause shall become inoperative upon the allotment of funds for the total price of said work except for rights and obligations then existing under this clause.

(h) Nothing in this clause shall affect the right of the Government to terminate this contract pursuant to the Termination for Convenience of the Government clause of this contract.

END OF SECTION

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SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SPECIFICATIONS/STATEMENT OF WORK

The Contractor shall provide the item or services specified in Section B in accordance with the Statement of Work (SOW) incorporated as Attachment J-1 entitled “Facilities Operations, Repair, and Maintenance II (FORM-II) Statement of Work.”

END OF SECTION

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SECTION D - PACKAGING AND MARKING

D.1 CLAUSES INCORPORATED BY REFERENCE

The following contract clause(s)/provisions 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.

Federal Acquisition Regulation (FAR) [48 CFR Chapter 1] Provisions:

CLAUSE NUMBER

DATE TITLE

1852.211-70 SEP 2005 Packaging, Handling, and Transportation

D.2 PACKAGING INSTRUCTIONS (GLENN SUPPLEMENTAL REQUIREMENTS)(SEP 2006)

All deliverables under this contract shall be packaged in accordance with: (1) best commercial practice that will afford protection against physical damage, degradation, and/or deterioration during direct shipment and (2) the regulations of the carriers for the mode of transportation employed.

D.3 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 following data in an electronic spreadsheet format:

(1) Item Description.8


(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: [email protected]

(f) The contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that require delivery of equipment.

END OF SECTION

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SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE



CLAUSE NUMBER

DATE TITLE

52.246-4 AUG 1996 Inspection of Services - Fixed-Price

E.2 1852.246-71 GOVERNMENT CONTRACT QUALITY ASSURANCE FUNCTIONS(OCT 1988)

In accordance with the inspection clause of this contract, the Government intends to perform the following functions at the locations indicated: Inspection and acceptance of all work shall be performed at NASA Glenn Research Center and other places of performance or delivery of work required under this contract.

E.3 1852.246-72 MATERIAL INSPECTION AND RECEIVING REPORT (AUG 2003)

(a) 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 one original shipping copy and an electronic version distributed to the Contracting Officer and the Contracting Officer’s Technical Representative.

(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.

E.4 INSPECTION AND ACCEPTANCE (JAN 1987)

Final inspection and acceptance of all work performed under this contract, including all deliverable items will be performed at destination.

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E.5 DEDUCTION SCHEDULE

The Government has identified several key areas that will be monitored and addressed in accordance with a Deduction Schedule (see Attachment J-B.7). Consistent violations of certain metrics, defined in the Deduction Schedule by the Contractor will result in financial penalties and/or the entry of written reprimands in the Government’s Past Performance database. The Government’s Quality Assurance Surveillance Plan is in Attachment J-12.

END OF SECTION

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SECTION F - DELIVERIES AND PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE



CLAUSE NUMBER

DATE TITLE

52.242-15 AUG 1989 Stop-Work Order52.242-17 APR 1984 Government Delay of Work

F.2 PERIOD OF PERFORMANCE – BASE PERIOD AND OPTION PERIODS

The initial period of performance (not including any phase-in) shall be for a period of twenty – two months (22) months. The subsequent periods, if any, shall be for three (3) periods of twelve (12) months and exercised by the unilateral issuance of a contract modification written by the Contracting Officer. If the Government requires performance of services after the initial contract period, notification to the contractor of such requirement shall be in accordance with the clause 52.217-9 entitled "Option to Extend the Term of the Contract." The maximum period shall not exceed five (5) years and four (4) months.

In accordance with FAR 52.217-8, an additional six (6) months may be awarded on a month-by-month basis while a subsequent support service contract is negotiated.

F.3 PLACE OF PERFORMANCE - SERVICES

The services to be performed under this contact shall primarily be performed at the following location: NASA Glenn Research Center at Lewis Field, or other location as directed by the Government.

F.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor

within sixty (60) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

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(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years four (4) months.

END OF SECTION

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SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE



CLAUSE NUMBER

DATE TITLE

1852.223-71 DEC 1988 Frequency Authorization

G.2 SUBMISSION OF VOUCHERS OR INVOICES FOR PAYMENT – TASK OR DELIVERY ORDER CONTRACT (GRC 52.232-106) (FEB 2013) (ALTERED)

(a) All vouchers or invoices shall include a reference to the number of this contract.

(b) Invoices for Fixed-Price Task or Delivery Orders (as applicable).

(1) If the Contractor is authorized to submit requests for progress payments:

a. Each request (Standard Form 1443) shall include the costs for all active orders, and shall include a schedule that separately identifies the costs applicable to each order.

b. These requests shall be submitted to the Contracting Officer’s office, which is the designated billing office for progress payments for purposes of the Prompt Payment clause of this contract.

(2) If the Contractor is not authorized to submit requests for progress payments:

a. To the greatest extent possible, invoices shall include the prices for multiple, completed orders, and shall include a schedule that separately identifies each order.

b. These invoices shall be submitted to:

NASA Shared Services Center Financial Management Division – Accounts PayableBldg.1111, C. RoadStennis Space Center, MS 39529Email: [email protected]: 866-209-5415

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This is the designated billing office for fixed-price invoices for purposes of the Prompt Payment clause of this contract.

c. In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate invoice for the amount withheld will be required before payment for that amount may be made.

(c) Vouchers or invoices shall be submitted once per month as a consolidated invoice. This shall include the base work plus completed Task Orders. The consolidated invoice shall include an itemized listing of completed Task Orders for which the Contractor is requesting payment and a total dollar amount for that month.

G.3 UNION COLLECTIVE BARGAINING AGREEMENT

The effective date for any labor wages negotiated under any Collective Bargaining Agreement will be the date that such Collective Bargaining Agreement is incorporated into this contract via notification to the Contracting Officer by the Contractor under the applicable clauses of this contract and all Federal laws and regulations. The Government will amend the contract labor rates based on the execution date of the Collective Bargaining Agreement. The Government will not be responsible for those negotiated labor wages for the time period prior to any Collective Bargaining Agreement’s incorporation into this contract or before the Collective Bargaining Agreement became effective. Prior to the execution of the CBA, and subsequent contract amendment, the labor rates will be based on the current values in the Contract. No adjustment will be given for rate adjustments prior to the execution of the Collective Bargaining Agreement, i.e. back pay.

G.4 CAPITAL ASSET ACQUISITION – INDEFINITE DELIVERY, INDEFINITE QUANTITY (IDIQ) CONTRACTS (SEP 2009)

(a) When any task/delivery order issued under this contract includes a requirement for capital assets* the contracting officer will identify those items as such and create separate line items for them on the task/delivery order.

*A capital asset is an item:

(1) With a total acquisition cost of $100,000 or more.

(2) With a useful life of 2 years or more.

(3) Not intended for sale in the contractor’s ordinary course of operations.

(4) Acquired and/or fabricated by the contractor and to which NASA will or intends to take title, and

(5) With an alternative future use (not research and development related).

(Note: Items and/or services with values less than $100,000 that contribute to the acquisition or increased value of a capital asset (e.g. surveys for real property or

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components for capital equipment) are also subject to capitalization rules. Generally, NASA will inform the contractor if such items and/or services are classified as capital assets.)

(b) During contract performance, if the contractor determines a need to acquire or fabricate an item that may meet the criteria for capital asset, the contractor shall submit a written request for approval to the contracting officer. Based on internal review, if the item is determined necessary for contract performance and determined to be a capital asset, the contracting officer will either: 1) Issue a new task/delivery order for the capital asset, or 2) Modify an appropriate existing task/delivery order to add a separate line item for the capital asset.

(c) If NASA Contractor Financial Management Reports (NASA Form (NF) 533’s) are required under this contract, the contractor shall report all costs incurred against each identified capital asset on its own report page on the NF 533’s.

(d) The costs incurred for each item designated as a capital asset shall be identified separately on any invoice, voucher, or other authorized payment request submitted by the contractor under this contract.

G.5 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’s authorization is required for items the Contractor intends to manufacture as well as those it intends to purchase.

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(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.

G.6 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 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:

See NASA Procedural Requirements (NPR) 4200.1, "NASA Equipment Management Procedural Requirements", NPR 4200.2, "NASA Equipment Management User's Guide for Property Custodians", NPR 4300.1, "NASA Personal Property Disposal", and NPR 4310.4, "Identification and Disposition of NASA Artifacts", for applicable user responsibilities.

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 17


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.

(1) 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 (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:

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

(2) Office furniture.

(3) Property listed in Attachment B entitled “Government Furnished Property List”

(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:

Library; Equipment calibration; Government-owned motor pool vehicles (in accordance with the NASA Fleet Management Handbook); Airport shuttle (available for Official

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NASA travel only); Vehicle maintenance and fuel (In accordance with the Statement of Work); Child care (Under similar terms and conditions applied to GRC civil servants); Fitness center (Under similar terms and conditions applied to GRC civil servants).

(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.

(12) The Government will provide one computer per on-site WYE and access to servers, printers, fax machines, applications, and software through the Glenn Research Center’s (GRC) contractor for utilization on this contract. If the Contractor requires an increase in the amount of computers, or above mentioned resources provided to them, then this expense shall be discussed and approved by the Contracting Officer’s Technical Representative (COTR) and Contracting Officer (CO).

G.7 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.

G.8 RESERVED

G.9 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.19


(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.

G.10 1852.245–83 REAL PROPERTY MANAGEMENT REQUIREMENTS (JAN 2011)

(a) In addition to the requirements of the FAR Government Property Clause incorporated in this contract (FAR 52.245–1), the Contractor shall comply with the following in performance of any maintenance, construction, modification, demolition, or management activities of any Government real property:

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

(2) NPR 8831.2, Facility Maintenance Management.

(b) Within 30 calendar days following award, the Contractor shall provide a plan for maintenance of Government real property provided for use under this contract. The Contractor’s maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the Contracting Officer the need for replacement and/or capital rehabilitation. Upon acceptance by the Contracting Officer, the program shall become a requirement under this contract.

(c) Title to parts replaced by the Contractor in carrying out its normal maintenance obligations shall pass to and vest in the Government upon completion of their installation in the facilities. The Contractor shall keep the property free and clear of all liens and encumbrances.

(d) The Contractor shall keep records of all work done to real property, including plans, drawings, charts, warranties, and manuals. Records shall be complete and current. Record of all transactions shall be auditable. The Government shall have access to these records at all reasonable times, for the purposes of reviewing, inspecting, and evaluating the Contractor’s real property management effectiveness. When real property is disposed of under this contract, the Contractor shall deliver the related records to the Government.

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(e) The Contracting Officer may direct the Contractor in writing to reduce the work required by the maintenance program authorized in paragraph (b) of this clause at any time.

END OF SECTION

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES INCORPORATED BY REFERENCE



CLAUSE NUMBER

DATE TITLE

1852.208-81 NOV 2004 Restrictions on Printing and Duplicating1852.223-75 FEB 2002 Major Breach of Safety or Security1852.223-76 JUL 2003 Federal Automotive Statistical Tool Reporting

H.2 1852.225-70 EXPORT LICENSES (FEB 2000)

(a) 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 Glenn Research Center at Lewis Field and Plum Brook Station, where the foreign person will have access to export-controlled technical data or software.

(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 the NASA Glenn Research 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.

H.3 1852.216-80 TASK ORDERING PROCEDURE (OCT 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 unless otherwise specified in the contract or expressly authorized by the Contracting Officer.

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(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 ten (10) 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 or price). 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 seven (7) 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.

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H.4 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) high-value 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 24


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 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.25


H.5 1852.223-73 SAFETY AND HEALTH PLAN (NOV 2004) (ALTERED) (a) The Offeror shall submit a detailed safety and occupational health plan within thirty (30)

days of contract award (see NPR 8715.3, NASA Safety Manual, Appendices). The plan shall include a detailed discussion of the policies, procedures, and techniques that will be used to ensure the safety and occupational health of Contractor employees and to ensure the safety of all working conditions throughout the performance of the contract.

(b) When applicable, the plan shall address the policies, procedures, and techniques that will be used to ensure the safety and occupational health of the public, astronauts and pilots, the NASA workforce (including Contractor employees working on NASA contracts), and high-value equipment and property.

(c) The plan shall similarly address subcontractor employee safety and occupational health for those proposed subcontracts that contain one or more of the following conditions: (1) The work will be conducted completely or partly on premises owned or controlled by the

Government.

(2) The work includes facility operations, minor construction, alteration, maintenance 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 assessed risk and consequences of a failure to properly manage and control the hazards warrants use of the clause.

(d) This plan, as approved by the Contracting Officer, will be included in any resulting contract.

H.6 SUPPLEMENT TO SAFETY AND HEALTH PLAN (NFS 1852.223-70) (MAY 2001)SAFETY AND HEALTH PLAN CONTENT

Upon notification of award, the Offeror shall submit its SITE SPECIFIC Safety and Health Plan within 30 days of official contract award. It is generally expected that the plan will be a single document addressing safety, health, and environmental. Failure to submit an acceptable Safety and Health Plan may result in delays to the schedule.

For a Safety and Health Plan to be approved, it shall contain as a minimum the following written requirements:

1. A statement of the company's safety and health goals and objectives.

2. A general management and organizational plan for scoping and managing the safety and

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health programs. Include the name(s) and qualifications of the individual(s) assigned responsibilities to ensure Safety and Health Plan compliance at the work site. Indicate their position(s) within the company's organization and the position to which they report.

3. Describe the company's actual performance and accident experience within the last five (5) years in performing jobs similar in size and scope.

4. Describe methods used to foster and promote motivation and awareness in employees of safety and health matters. Include any regularly scheduled safety and/or health meetings for supervisors, foremen, and employees; and other forms of training.

5. Describe the methods by which improvement of safety and health practices by employees of any subcontractors will be encouraged and rewarded, including any flow down of safety and health requirements to lower tier subcontractors.

6. Provide a job hazard analysis pursuant to paragraph (g) of the Safety and Health clause in Section H, including the content described therein.

7. Safety and Health procedures will be administered by the project Superintendent. All employees will be instructed on safety and health prior to beginning their work.

8. The safety and health rules will be reviewed with the subcontractor's job foreman as he arrives on the site to start work. All employees of subcontractors will be given safety and health rules prior to beginning their work on the project.

9. A safety meeting will be held in accordance with the clause entitled "Safety and Health (Construction)", paragraph (b), in section H of this contract.

10. The NASA emergency telephone number, contract number, and site location or building number will be posted on the job site; i.e., dial 911 from any NASA (beige) phone.

11. Fire extinguishers provided by the contractor will be located on site and readily accessible for use. No flammable liquids or hazardous materials will be stored on the site of the job without prior approval of the COTR.

12. The project Superintendent will conduct safety inspections daily and notify individuals of any violations. Violations will be corrected immediately and documented on the contractor's Daily Inspection Report.

13. All employees will perform daily clean up and keep all areas free of debris or other potential hazards.

14. The Superintendent will telephone the NASA inspector daily upon arrival to identify the number of employees working, the type of trade, work location, and the work planned for the day.

15. Contractor provided first aid kits will be available at the work site at all times. Advanced medical assistance other than first aid may be requested by dialing 911 on any NASA telephone.

16. In the event that suspected asbestos containing materials are encountered, the work will 27


be stopped immediately and the NASA COTR will be notified and consulted for further direction.

17. Arrangements will be made for any systems testing to be witnessed by the COTR or designated representative. It is understood that no pneumatic pressure testing is permitted without the prior approval of the COTR and the appropriate NASA Area Safety Committee.

18. All trench excavation will be performed in a safe manner and in accordance with applicable OSHA requirements. Proper barricades and lighting as will be provided by the contractor as required by the COTR.

19. All personnel protection including hard hats, hearing and eye protection will be provided by the contractor.

20. All contractor employees shall abide by the provisions set forth in the NASA Electrical Applications Safety Permit if one has been issued.

21. Welding and cutting operations will be in accordance with applicable OSHA standards. Adequate ventilation of exhaust fumes will be provided. Work on a daily basis will not proceed until clearance is authorized from the NASA Safety Assurance Office and a fire watch is established.

22. Due to the proximity of the NASA Glenn Research Center to the Cleveland Hopkins Airport, erection and use of any cranes requires advance approval from the COTR. Signal men will be on duty and warning signs posted, as required by OSHA.

23. If employees require hospital or emergency medical aid a NASA Mishap Report (NASA Form 1627) will be completed and submitted to the Contracting Officer's Technical Representative for distribution.

24. The contractor will cooperate with NASA to insure that every precaution is taken in establishing a safe working environment for employees.

25. The contractor will continue to update this Safety and Health Plan as appropriate as contract performance progresses.

26. The foregoing Safety and Health policies are not to be considered as waiving or replacing OSHA standards and requirements.

The NASA Glenn Safety Manual which is incorporated by reference can be accessed from the following web site: http://osat-ext.grc.nasa.gov/gso/manual/chapter_index.shtml

H.7 EMERGENCY PREPAREDNESS AND RESPONSE (SEP 2007)

(a) The Contractor’s obligation may include resolution of unusual or emergency situations. The Contractor may be required to assist NASA, within the general scope of work, but in currently unidentified ways, in preparation for, or in response to emergencies.

(b) Obligations under this requirement shall only arise when one or more of the criteria at FAR 18.001, enabling NASA to utilize “Emergency Acquisition Flexibilities”, are met.

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http://osat-ext.grc.nasa.gov/gso/manual/chapter_index.shtml


(c) If the emergency preparedness and response requirements result in changes to the contract, all contract adjustments will be processed in accordance with the Changes clause of this contract.

H.8 KEY PERSONNEL

(a) The personnel listed below, as defined by the Contractor, are considered essential to the work being performed under this contract. Before removing, replacing, or diverting any of the listed or specified personnel, the Contractor shall:

(1) Notify the Contracting Officer reasonably in advance and

(2) Submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.

(b) The Contractor shall make no diversion without the Contracting Officer's written consent; provided that the Contracting Officer may ratify in writing the proposed change, and that ratification shall constitute the Contracting Officer's consent required by this clause.

(c) The list of personnel (shown below or as specified in the contract Schedule) may, with the consent of the contracting parties, be amended from time to time during the course of the contract to add or delete personnel.

[List here the personnel considered essential, unless they are specified in the contract Schedule. TBD BY OFFEROR]

____________________________________

____________________________________

H.9 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance. (2) Upon completion of the Contractor employee’s employment. (3) Upon contract completion or termination.

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(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

H.10 GRC 52.204-96 PERSONAL IDENTITY VERIFICATION (PIV) CARD ISSUANCE PROCEDURES (AUG 2006)

"PIV Card Issuance Procedures", posted on the World Wide Web at http://www.grc.nasa.gov/WWW/Procure/PIVCardIssuanceProcedures.doc , are incorporated herein by reference and made a part hereof.

These PIV Card Issuance Procedures are in accordance with FAR clause 52.204-9, "Personal Identity Verification of Contractor Personnel" and NASA Procurement Information Circular (PIC) 06-01 entitled "Personal Identity Verification of Contractors," dated January 18, 2006.

H.11 GRC 52.209-90 CONTRACTORS' DUTIES AND RESPONSIBILITIES ON-SITE (APRIL 2013)

(a) BADGES AND PASSES

(i) Badge and Pass Issuance

Support Service Contractor personnel having a need to enter areas of the Glenn Research Center Lewis Field or Plum Brook Station shall have an identification badge or pass. This badge or pass shall be obtained at the Badge Control Office or Visitor Control Office located at the Main Gate of either Lewis Field or Plum Brook Station.

(1) Permanent Badge (Personal Identify Verification (PIV) Credential) Requirements

a. It is recommended that the contractor complete the new employee hiring process at least 10 work days prior to the employee’s start date.

b. Upon the selection of a new employee, the contractor’s Human Resource (HR) representative shall create an identity in the Identity and Access Management Tool (IdMAX).

c. The contractor’s HR representative shall also complete NASA Form 1760, Position Risk Designation for Non-NASA Employee and NASA-C-1760, Position Risk Designation Cover sheet. Once completed, both forms shall be signed by the NASA COTR and sent to the Office of Protective Services POC for Non-Government Investigations.

d. At the time of the Center visit or the Entry-on-Duty appointment, the new employee shall complete the Enroll for PIV credential process at the Main Gate Badge Control Office.

e. During this activity the new employee shall provide verification of their 30

http://www.grc.nasa.gov/WWW/Procure/PIVCardIssuanceProcedures.doc


identity by providing two forms of I-9 documentation and fingerprints. f. Upon Entry-on-Duty, the employee shall be issued a temporary credential

(badge) for access to the Center until a Permanent Credential (badge) is created.

Please reference the GRC Office of Protective Services web site for the Permanent Support Service Contractor (SSC) New Hire Identity Creation Process (https://security.grc.nasa.gov/im_ssc_new_hire.cfm), and for additional information.

(2) Temporary Pass Requirements

Short Term Visitors (1-29 days) shall receive a Visitor Pass. Please reference the GRC Office of Protective Services web site (https://security.grc.nasa.gov/form_visit_information.cfm) to complete the on-line visitor request form.

NASA GRC Service and Vendor Personnel shall receive a Service / Vendor Personnel Pass which will allow only physical access to NASA GRC. Please reference the GRC Office of Protective Services web site (https://security.grc.nasa.gov/crm_grc_serv_vend_pers.cfm) for complete information.

The contractor shall ensure that, for badging purposes, each contractor employee is in possession of NASA Form C-9975 (Construction Contractor Registration & ID Badge), prior to reporting to work. Contractor employees not in possession of the above mentioned form will be delayed at the gate until the contractor supervisor/foreman or that individual’s representative reports to the Main Gate with the appropriate paperwork for badging

Temporary workers are defined as those employees that are on Center for more than 29 days and less than 180 days. Please reference the GRC Office of Protective Services web site (https://security.grc.nasa.gov/crm_temporary_worker.cfm) for complete information.

All lost or stolen badges or passes shall be reported immediately to the GRC Office of Protective Services.

(ii) Employee Separation

(1) When an employee terminates and/or resigns employment, the contractor shall issue to the employee NASA Form C-10087, Non-NASA Separation Clearance Record. The contractor shall be responsible for making an inquiry of all offices listed on the form to see if the employee has any outstanding Government items. The employee shall then take this form to all offices that list he/she as having outstanding items. The employee's last stop is for the return of their Government issued I.D. badge. The contractor is also required to send a notice to the [email protected] within 1 day of employees' separation.

(2) The contractor shall ensure that the terminated and/or resigned employee has returned 31

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https://security.grc.nasa.gov/form_visit_information.cfm

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his/her badge to the Main Gate Badge Clerk. Final clearance of a contractor upon completion of a contract will depend in part upon accounting for all badges issued to employees during the performance of the contract. Security badges are Government property and any alteration or misuse of these badges may be prosecuted as a violation of Section 499, Title 18, U.S. Code.

(3) The contractor's on-site manager shall comply with the Badge and Property Regulations (NASA Form C-421), a copy of which will be given to the contractor's supervisors at the time of the Construction Site Showing.

(4) Upon termination of duties, each employee's badge will be collected and returned to the Main Gate by the contractor. Final clearance of a contractor upon completion of a contract will depend in part upon the accounting for all badges issued to employees during the performance of the contract. Security badges are Government property and any alteration or misuse of these badges may be prosecuted as a violation of Section 499, Title 18, U.S. Code.

(b) PERSONNEL LOCATION AND IDENTIFICATION

The contractor shall:

(1) Ensure that office space occupied by its personnel is clearly labeled with the name of the company.

(2) Ensure, to the extent practicable, that external correspondence signed by its personnel is on company letterhead. Internal correspondence, including e-mail and memoranda, must include the name of the company in the signature line or in another clearly identifiable location.

(3) Ensure that its onsite personnel, when receiving or placing telephone calls, identify their employer, in addition to whatever other appropriate greeting is used.

(4) When participating in meetings with Government and/or other contractor personnel, ensure that its personnel properly identify themselves as contractor employees so that their actions will not be construed as acts of Government officials.

(c) EMERGENCY PREPAREDNESS

(1) Emergencies are defined as incidents involving serious personal injury or damage, incidents that cause possible hazardous conditions, or incidents that require immediate attention of the Plant Protection Department or Security. The contractor shall ensure that its employees are informed that Emergency, Fire, Medical, Safety, and Security assistance can be summoned by Dialing "911" on the Center's PABX telephone system.

(2) For incidents not classified as an emergency, contractor personnel shall be instructed to immediately notify the Contracting Officer's Representative (COR) (rather than dialing "911").

(3) In the event of any accident investigation activity, the contactor shall cooperate fully with the Government Accident Investigator and the Center Accident Investigation Board. This cooperation shall include interviews at the accident site and/or at a Board meeting.

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(4) The contractor shall provide written guidance to its employees in the event of an emergency, an incident other than an emergency, a Center closure, a building closure, a fire alarm, or tornado alarm. The contractor is encouraged to include in this guidance pre-established instructions, when feasible, to employees such that unnecessary delays and confusion may be avoided by employees who may otherwise be awaiting management instructions. For example, the contractor is encouraged to address what actions employees should immediately take in the event of fire, building closure, Center closure (i.e. late Center opening or early center dismissal) for snow or other causes.

(d) TRAFFIC

The contractor agrees to comply, and agrees to require that all of its personnel will comply with all posted traffic signs, signals and instructions of personnel assigned for traffic control and parking purposes and with the provisions of the NASA Glenn Research Center Safety Manual (GLM-QSA-1700.1), Chapter 19, Vehicle & Pedestrian Safety, incorporated herein by reference and made a part hereof.

(e) PROHIBITION OF FIREARMS

Firearms or weapons of any kind are strictly prohibited at the Glenn Research Center.

(f) SECURITY INCIDENTS

Theft of Property, Bomb threats, malicious damage and any other threat or violent situations shall be immediately reported to the GRC Office of Protective Services.

(g) AFTER-HOUR ACCESS

During normal working hours, 6:00 a.m. to 6:00 p.m. Monday through Friday, the guards at the gates will permit contractor entrance and departure. At any other time, advance clearance is required. Advance clearance may be obtained through the Glenn/Plum Brook COR, who will make the request to the Main Gate Officer (PABX 3-2204 at Glenn and 3-3221 at Plum Brook). After-hour clearances, as approved by the COR, are certification to the guards as authority for admittance of a contractor during off hours, including Saturdays, Sundays, and Holidays. This procedure ONLY applies to temporary contractors who are on-site at Glenn for 1 - 179 days within 365 day timeframe and are issued temporary badges(non-smartcard credentials) NOTE: Per Plum Brook management ALL Plum Brook Station employees are required to follow the after-hour access procedures.

(h) GOVERNMENT PROPERTY ACCOUNTABILITY

(1) Government property and material is subject to the requirements of Federal Acquisition Regulation (FAR) Part 45 and NASA FAR Supplement (NFS) Part 1845. All NASA contractors are required to follow all applicable FAR and NFS regulations as well as applicable NASA Directives. Removal of NASA property from GRC and Plum Brook Station without prior authorization is strictly prohibited and is subject to denial of Center access and criminal prosecution. Contractors shall ensure that their employees are familiar with the requirements of the contract with regard to Government Property, including the disposal and removal of scrap and residual materials. The removal of

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scrap and residual job materials from GRC requires written approval from the NASA COR or authorized representative. The appropriate documentation must be completed and signed by the COR or authorized representative before exiting the Center. Each driver is required to surrender the completed documentation to the security officer at the security control point upon departure. Each vehicle is then subject to inspection prior to departure from the Center to check the contents of the respective vehicle against the information listed on the documentation authorizing removal of the property.

(2) In addition to the above, Municipal Waste, Recyclables, and Hazardous Materials must also be properly disposed of utilizing the appropriate containers and collection points for each type of scrap and residual material. Failure to adhere to the proper disposal of these materials or unauthorized use of municipal waste or recycling containers may result in the denial of Center access and possible civil or criminal prosecution for the offender.

(3) Property movement and disposal shall be coordinated through the Logistic and Technical Information Division’s (LTID) Supply and Equipment Management Officer/Property Disposal Officer in accordance with the requirements in NASA Policy Document (NPD) 4200.1, Equipment Management, NPD 4300.1, NASA Personal Property Disposal Policy, NPR 4200.1, NASA Equipment Management Procedural Requirements, and NPR 4300.1, NASA Personal Property Disposal.

(4) Questions concerning the proper removal and disposal of property, scrap, waste or other residual job materials should be forwarded to the NASA COR, or the GRC Supply and Equipment Management Officer (SEMO).

H.12 1852.242-72 OBSERVANCE OF LEGAL HOLIDAYS (AUG 1992) ALTERNATE II

(OCT 2000) GRC MODIFICATION FOR FIXED-PRICE CONTRACTS (OCT 2000) (ALTERED)

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

(1) New Year's Day

(2) Martin Luther King Jr.'s Birthday

(3) President's Day

(4) Memorial Day

(5) Independence Day

(6) Labor Day

(7) Columbus Day

(8) Veteran's Day

(9) Thanksgiving Day

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(10) Christmas Day

(11) 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 Center 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-the-clock 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, to the extent that they were omitted from the price of the contract, shall be subject to negotiations between the Parties. If agreement cannot be reached, the matter shall be considered a dispute within the meaning of the clause entitled "Disputes" and the procedures set forth therein shall apply. In no event shall such excused absences entitle the Contractor to additional profit or fee under this contract.

(e) Although the Government observes the following legal holidays, the Contractor may be required to provide personnel as identified in Attachment A entitled “Facilities Operations Repair Maintenance II (FORM-II) Statement of Work” to support Glenn Research Center needs

Martin Luther King, Jr.’s BirthdayPresident’s DayColumbus DayVeterans Day

H.13 GOVERNMENT – INDUSTRY DATA EXCHANGE PROGRAM (GIDEP) (MAY 2010) In accordance with NASA Procedural Requirements (NPR) 8735.1, the Contractor shall participate in the Government-Industry Data Exchange Program (GIDEP), and comply with the requirements of the GIDEP Operations Manual (GIDEP S0300-BT-PRO-010) and the GIDEP Requirements Guide (S0300-BU-GYD-010). These documents, as well as other information and materials concerning GIDEP are available from:

GIDEP Operations CenterP.O. Box 8000Corona, CA 92878-8000

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Phone: (951) 898-3207FAX: (951) 898-3250 Website: www.gidep.org

The Contractor shall review all GIDEP ALERTS, GIDEP SAFE-ALERTS, GIDEP Problem Advisories, GIDEP Agency Action Notices, and NASA Advisories to determine if they affect the Contractor's products and/or services provided to the Government. If any of the aforementioned documents affect the Contractor's products and/or services provided to the Government, the Contractor shall take action to eliminate or mitigate any negative effect. The Contractor shall generate applicable failure experience data report(s) (GIDEP ALERT, GIDEP SAFE-ALERT, GIDEP Problem Advisory) in accordance with the requirements of GIDEP S0300-BT-PRO-010 and S0300-BU-GYD-010 whenever failed or nonconforming items, available to other buyers, are discovered during the course of the contract.

The Contractor agrees to include the preceding language in subcontracts for supplies exceeding $500,000.00, and subcontracts of any dollar amount when safety critical item(s), as identified by the Contract, are to be supplied. When so inserted, the words, "Contractor" shall be changed to "Subcontractor," and "Government" shall be changed to "Customer."

H.14 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

(a) Definitions. As used in this clause:

“Recycling” means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion.

“Waste prevention” means any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials.

“Waste reduction” means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products.

(b) Consistent with the requirements of section 3(e) of Executive Order 13423, the Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. The Contractor’s programs shall comply with applicable Federal, State, and local requirements, specifically including Section 6002 of the Resource Conservation and Recovery Act (42 U.S.C. 6962, et seq.) and implementing regulations (40 CFR Part 247).

H.15 WASTE REDUCTION REPORTING (JUN 2008)

In addition to the requirements of FAR clause 52.223-10, Waste Reduction Program, the Contractor shall submit an annual report for all operations and facilities covered by this contract about its program to promote and implement cost effective waste reduction and affirmative procurement programs required by 42 U.S.C. 6962 for all products designated in EPA’s

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Comprehensive Procurement Guideline (40 CFR Part 247). Both the FAR 23.404(b) and NPG 8830.01 require that Government purchases of EPA-designated items contain the specified amount of recovered materials unless a request for waiver or justification documentation has been processed. The reporting period shall be from October 1 of each year through September 30 of the following year. The report shall be submitted December 15. The report shall be submitted at the address listed at http://netsdata.grc.nasa.gov . Copies of the report shall also be provided to the Contracting Officer and the GRC Environmental Management Branch. The Contractor’s programs shall comply with applicable Federal, State, and local requirements, NASA Environmental policy, and the NASA Glenn Research Center Environmental Program Manual, specifically including Section 6002 of the Resource Conservation and Recovery Act (42 U.S.C. 6962, et seq.) and implementing regulations (40 CFR Part 247). A complete listing of all categories and products designated in EPA’s Comprehensive Procurement Guideline can be found at http://www.epa.gov/cpg/products.htm .

H.16 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFEROR 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 [Insert date of offer] are hereby incorporated by reference in this resulting contract.

H.17 Safety and Health Plan – GRC Supplemental Requirements to 1852.223-73 (SEP 2011)

The Contractor shall submit a final, detailed, site specific Safety and Health Plan to the Contracting Officer (CO) within 30 days of contract award for concurrence by the GRC Safety, Health and Environmental Division (SHED), and approval by the CO. The CO will notify the Contractor in writing when its final Safety and Health Plan has been approved. Upon approval, the final Safety and Health Plan replaces the initial plan incorporated by reference in the contact, and the Contractor shall comply with the requirements of the final Safety and Health Plan.

END OF SECTION

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SECTION I - CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE


Federal Acquisition Regulation (FAR) [48 CFR Chapter 1] and NASA FAR Supplement Provisions:

CLAUSE NUMBER

DATE TITLE

52.202-1 JAN 2012 Definitions52.203-3 APR 1984 Gratuities52.203-5 APR 1984 Covenant Against Contingent Fees52.203-6 SEP 2006 Restrictions on Subcontractor Sales to the Government52.203-7 OCT 2010 Anti-Kickback Procedures52.203-8 JAN 1997 Cancellation, Rescission, & Recovery of Funds for Illegal

or Improper Activity52.203-10 JAN 1997 Price or Fee Adjustment for Illegal or Improper Activity52.203-12 OCT 2010 Limitation on Payments to Influence Certain Federal

Transactions52.203-13 APR 2010 Contractor Code of Business Ethics and Conduct52.203-14 DEC 2007 Display of Hotline Poster(s)52.203-16 DEC 2011 Preventing Personal conflicts of Interest52.204-2 AUG 1996 Security Requirements52.204-4 MAY 2011 Printed or Copied Double-Sided on Recycled Paper52.204-7 DEC 2012 Central Contractor Registration52.204-10 AUG 2012 Reporting Executive Compensation And First-Tier

Subcontracting Awards52.209-6 DEC 2010 Protecting the Government's Interest When

Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.209-10 MAY 2012 Prohibition on Contracting with inverted Domestic Corporations.

52.210-1 APR 2011 Market Research52.211-15 APR 2008 Defense Priority and Allocation Requirements52.215-2 OCT 2010 Audit and Records - Negotiation52.215-8 OCT 1997 Order of Precedence - Uniform Contract Format52.215-17 OCT 1997 Waiver of Facilities Capital Cost of Money52.215-23 OCT 2009 Limitations on Pass-Through Charges52.216-5 OCT 1997 Price Redetermination— Prospective.52.216-6 OCT 1997 Price Redetermination— Retroactive.52.216-23 APR 1984 Execution and Commencement of Work.

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52.219-6 NOV 2011 Notice of Total Small Business Set-Aside52.219-8 JAN 2011 Utilization of Small Business Concerns52.219-14 NOV 2011 Limitations on Subcontracting52.222-1 FEB 1997 Notice to the Government of Labor Disputes52.222-3 JUN 2003 Convict Labor52.222-17 JAN 2013 Nondisplacement of Qualified Workers52.222-21 FEB 1999 Prohibition of Segregated Facilities52.222-26 MAR 2007 Equal Opportunity52.222-35 SEP 2010 Equal Opportunity for Veterans52.222-36 OCT 2010 Affirmative Action for Workers with Disabilities52.222-37 SEP 2010 Employment Reports on Veterans52.222-40 DEC 2010 Notification of Employee Rights Under the National

Labor Relations Act52.222-41 NOV 2007 Service Contract Act of 196552.222-43 SEP 2009 Fair Labor Standards Act & Service Contract Act - Price

Adjustment (Multiple Year & Option Contracts)52.222-44 SEP 2009 Fair Labor Standards Act and Service Contract Act –

Price Adjustment52.222-50 FEB 2009 Combating Trafficking in Persons52.222-54 JAN 2009 Employment Eligibility Verification52.223-2 MAY 2012 Affirmative Procurement of Biobased Products Under

Service and Construction Contracts52.223-3 JAN 1997 –

ALTERNATE I JUL 1995

Hazardous Material Identification and Material Safety Data: Michelle Y. Kenzig, 216-433-3043, [email protected] . The Agency website for reporting is the NASA Environmental Tracking System (NETS), http://netsdata.grc.nasa.gov .

52.223-5 MAY 2011 Pollution Prevention and Right-to-Know Information52.223-6 MAY 2001 Drug-Free Workplace52.223-10 MAY 2011 Waste Reduction Program52.223-15 DEC 2007 Energy Efficiency in Energy-Consuming Products52.223-18 AUG 2011 Encouraging Contractor Policies to Ban Text Messaging

While Driving52.223-19 MAY 2011 Compliance with Environmental Management Systems52.224-1 APR 1984 Privacy Act Notification52.224-2 APR 1984 Privacy Act52.225-1 FEB 2009 Buy American Act – Supplies52.225-13 JUN 2008 Restrictions on Certain Foreign Purchases52.225-25 DEC 2012 Prohibition on Contracting with Entities Engaging in

Sanctioned Activities Relating to Iran-Representation and Certification

52.227-1 DEC 2007 Authorization & Consent52.227-2 DEC 2007 Notice & Assistance Regarding Patent & Copyright

Infringement52.227-3 APR 1984 Patent Indemnity52.227-14 DEC 2007 Rights in Data – General52.228-5 JAN 1997 Insurance - Work on a Government Installation52.229-3 APR 2003 Federal, State, and Local Taxes

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52.232-1 APR 1984 Payments52.232-8 FEB 2002 Discounts for Prompt Payment52.232-9 APR 1984 Limitation on Withholding of Payments52.232-11 APR 1984 Extras52.232-13 APR 1984 Notice of Progress Payments52.232-16 APR 2012 –

Alt I MAR 2000

Progress Payments

52.232-17 OCT 2010 Interest52.232-18 APR 1984 Availability of Funds52.232-23 JAN 1986 Assignment of Claims52.232-25 OCT 2008 Prompt payment52.232-33 OCT 2003 Payment by Electronic Funds Transfer - Central

Contractor Registration52.233-1 JUL 2002 –

Alt I DEC 1991

Disputes

52.233-3 AUG 1996 Protest after Award52.233-4 OCT 2004 Applicable Law for Breach of Contract Claim52.237-2 APR 1984 Protection of Government Buildings, Equipment, &

Vegetation52.237-3 JAN 1991 Continuity of Services52.239-1 AUG 1996 Privacy or Security Safeguards52.242-13 JUL 1995 Bankruptcy52.243-1 AUG 1987 –

Alt II APR 1984

Changes - Fixed-Price

52.245-1 APR 2012 & Alt I APR 2012

Government Property

52.245-2 APR 2012 Government Property Installation Operation Services52.245-9 APR 2012 Use and Charges52.246-25 FEB 1997 Limitation of Liability - Services52.247-5 APR 1984 Familiarization with Conditions52.249-2 APR 2012 Termination for Convenience of the Government (Fixed-

Price)52.249-8 APR 1984 Default (Fixed-Price Supply and Service)52.250-1 APR 1984 Indemnification Under Public Law 85-80452.253-1 JAN 1991 Computer Generated Forms1852.203-70 JUN 2001 Display of Inspector General Hotline Posters1852.209-72 DEC 1988 Composition of the Contractor1852.219-74 SEP 1990 Use of Rural Area Small Businesses1852.219-76 JUL 1997 NASA 8 Percent Goal1852.223-74 MAR 1996 Drug-and alcohol-free workforce1852.227-19 Commercial Computer Software - Restricted Rights1852.228-75 OCT 1988 Minimum Insurance Coverage1852.237-70 DEC 1988 Emergency Evacuation Procedures1852.242-78 APR 2001 Emergency Medical Services and Evacuation1852.243-71 MAR 1997 Shared Savings

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I.2 52.209-9 UPDATES OF PUBLICLY 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:

(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 non-public 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.

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(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.

I.3 52.216-18 ORDERING (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 the contract through completion of the contract effort.

(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 methods only if authorized in the Schedule.

I.4 TASK ORDER LIMITATIONS

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00, 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 $300,000.00; (2) Any order for a combination of items in excess of $1,500,000.00; or (3) A series of orders from the same ordering office within THIRTY (30) days that together call for

quantities exceeding the limitation in paragraph (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 THIRTY (30) 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.

I.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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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 one (1) year after the expiration of the contract.

I.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within one (1) month.

I.7 52.219-28 POST- AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012)

(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 (c) 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.

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(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 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/content/table-small-business-size-standards.

(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 561220 assigned to contract number _____[TBD by NASA] ______.

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[Contractor to sign and date and insert authorized signer’s name and title].

____________________________________________________________

I.8 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage - Fringe BenefitsCarpenter WG 6/2

Electronics Technician WG 5/2Grounds Maintenance WG 1/1

High Voltage Journeyman WG 15/5HVAC Mechanic WG 5/2

Low Voltage Electrician WG 10/3Mason WG 5/2Painter WG 5/3

Pipefitter WG 8/4Plumber WG 7/2

Sheet metal Worker WG 6/3Stationary Engineers WG 7/2

Welder WG 4/2

I.9 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED PRODUCTS

(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use

and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall— 45


(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to Michelle Y. Kenzig, 216-433-3043, [email protected].

I.10 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987)

Except for data contained on pages TBD it is agreed that as a condition of award of this contract, and notwithstanding the conditions of any notice appearing thereon, the Government shall have unlimited rights (as defined in the Rights in Data - General clause contained in this contract) in and to the technical data contained in the proposal dated TBD, upon which this contract is based.

I.11 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond [TBD by NASA]. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond [TBD by NASA], until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

I.12 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2010) (a) Definitions. As used in this clause:

"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 non-developmental 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.

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(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.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

I.13 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):

For Federal Acquisition Regulation (FAR) clauses, see http://www.acqnet.gov/far/ For NASA FAR Supplement (NFS) clauses, seehttp://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm

I.14 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.

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http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm

http://www.acqnet.gov/far/


(b) The use in this solicitation or contract of any NASA FAR Supplement clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

I.15 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' 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

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http://www.nasa.gov/offices/ocio/itsecurity/index.html


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.

I.16 1852.215-84 OMBUDSMAN (NOV 2011) - ALTERNATE I (JUN 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.

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http://prod.nais.nasa.gov/pub/pub_library/Omb.html


I.17 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 Chinese-owned 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.

(d) Subcontracts - The contractor shall include the substance of this clause in all subcontracts made hereunder.

I.18 1852.228-75 MINIMUM INSURANCE COVERAGE (OCT 1988)

The Contractor shall obtain and maintain insurance coverage as follows for the performance of this contract:

(a) Worker's compensation and employer's liability insurance as required by applicable Federal and state workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with the Contractor's commercial operations that it would not be practical. The employer's liability coverage shall be at least $100,000, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) Comprehensive general (bodily injury) liability insurance of at least $500,000 per occurrence.

(c) Motor vehicle liability insurance written on the comprehensive form of policy which provides for bodily injury and property damage liability covering the operation of all motor vehicles used in connection with performing the contract. Policies covering motor vehicles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury liability and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

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(d) Comprehensive general and motor vehicle liability policies shall contain a provision worded as follows:

"The insurance company waives any right of subrogation against the United States of America which may arise by reason of any payment under the policy."

(e) When aircraft are used in connection with performing the contract, aircraft public and passenger liability insurance of at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

I.19 1852.237-72 ACCESS TO SENSITIVE INFORMATION (JUN 2005)

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

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

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

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

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

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

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

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

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

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(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.

I.20 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.

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Consistent with this clause, the service provider shall not duplicate, use, or disclose the information in whole or in part for any purpose other than to perform the services specified in its contract. This restriction does not limit the Government's right to use this information if it is obtained from another source without restriction. The information subject to this restriction is contained in pages [insert page numbers or other identification of pages].

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

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

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

(1) Comply with all specified procedures and obligations, including the Organizational Conflicts of Interest Avoidance Plan, which the contract has incorporated as a compliance document.

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

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

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

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

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

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

(8) Administer a monitoring process to ensure that employees comply with all reasonable 53


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.

I.21 CONTRACTOR TRAINING, QUALIFICATIONS, AND CERTIFICATION RECORDS (APR 2011)

Performance of this contract may require specialized training, certifications, or qualifications of contractor personnel. Upon the request of the Government, the Contractor shall provide personnel training, certifications and/or qualifications records which detail individual’s qualifications to perform the duties to which they are assigned. Records shall include all training, certifications and qualifications completed by an individual while under the Contractor’s employment. If this contract contains clause 52.237-3, Continuity of Services, these records are considered to be part of “necessary personnel records” and shall also be provided to any follow-on contractor upon request.

END OF SECTION

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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:

Section J Number Attachment Title Incorporated Into

Contract (Yes/No)J-1 Section C SOW YesJ-2 Annual PM, PGM, and PT&I Quantities YesJ-3 Department of Labor Wage Determination 2005-2415 Yes

J-4 International Brotherhood of Electrical Workers (IBEW) Local 38 Collective Bargaining Agreement Yes

J-5 International Brotherhood of Teamsters Local 416 Collective Bargaining Agreement Yes

J-6 GRC Lewis Field Real Property List YesJ-7 GRC Lewis Field Maps YesJ-8 GRC Lewis Field Assets YesJ-9 GRC Forms Yes

J-10 General Library Table of Contents YesJ-11 Deliverable List YesJ-12 Quality Assurance Surveillance Plan YesJ-L.1 Past Performance Cover Letter NoJ-L.2 Past Performance Questionnaire NoJ-L.3 FORM-II Summary of Past Performance Worksheets (2) NoJ-B.1 Base Work Pricing Breakdown YesJ-B.2 IDIQ Pre-Priced Task Pricing YesJ-B.3 Labor Category Pricing YesJ-B.4 Direct Labor Pricing YesJ-B.5 Pro Forma Price Template NoJ-B.6 Pro Forma Unit Price Template NoJ-B.7 Deduction Schedule Yes

J-C1.1 List of Acronyms YesJ-C5.1 Government-Furnished Facilities (GFF) YesJ-C5.2 Floor Plans for GFF YesJ-C5.3 Government-Furnished Equipment (GFE) YesJ-C8.1 Minimum requirements for Site Specific HASP YesJ-C8.2 Environmental Local Specifications YesJ-C8.3 Contractor's Corporate HASP YesJ-C9.1 GRC Maximo Definitions YesJ-C9.2 CMMS Process Flow Charts YesJ-C9.3 MAXIMO Institutional Security Groups YesJ-C9.4 MAXIMO Institutional Work Groups Yes

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J-C9.5 GRC Maximo Module Information YesJ-C10.1 Historical Data Yes

J-C14.1 Roads, Surfaced Areas, Signage & FencingWork Instructions Yes

J-C15.1 Catch Basin Inspection Form YesJ-C16.1 Roofs Maintenance & Inspection YesJ-C16.2 Architectural & Structural Systems Work Instructions YesJ-C16.3 Brick Inspections of Buildings YesJ-C16.4 Elevator Reservoir Monthly Inspection Form YesJ-C18.1 HVAC Work Instructions YesJ-C18.2 B309 Dry Room PM Pre-Priced Task YesJ-C18.3 B77 Clean Room PM Pre-Priced Task YesJ-C18.4 Water Cooler Filter Replacement Pre-Priced Task YesJ-C20.1 Description of Utility Distribution Systems Yes

J-C20.2 Water Quality Units and Oil Water SeparatorInspection Report Yes

J-C20.3 Natural Gas Systems Operations & MaintenanceSafety Permit Yes

J-C20.4 Plumbing & Utility Distribution Systems Work Instructions Yes

J-C20.5 PM of Underground Domestic Water Valves Zone APre-Priced Task Yes

J-C20.6 PM of Underground Domestic Water Valves Zone BPre-Priced Task Yes

J-C20.7 Domestic Hot Water Tank Pre-Priced Task YesJ-C21.1 Cooling Tower Information & Operating Parameters YesJ-C21.2 List of Closed Looped Water Systems Parameters YesJ-C21.3 List of Boilers & Operating Parameters YesJ-C22.1 Sewage Pump Manufacturer’s PM Yes

J-C22.2 Sanitary Sewer Lift & Stations & Industrial Waste Basins Work Instructions Yes

J-C23.1 GRC Chiller Information YesJ-C23.2 Bldgs. 9 & 94 Central Chilled Water Plants Safety Permits YesJ-C24.1 List of Boilers YesJ-C24.2 Heating Plant & Boilers Systems Operation Plan Yes

J-C24.3 Operations & Maintenance of Steam Boilers No. 1-5 & Associated Equipment Safety Permit Yes

J-C24.4 Existing EPA Permit Yes

J-C26.1 High Voltage Electrical Distribution SystemsWork Instructions Yes

J-C26.2 HVEPS Operating lnstructions Yes

J-C27.1 Low Voltage Electrical Distribution SystemsWork Instructions Yes

J-C27.2 LVEPS Operating lnstructions Yes

J-C27.3 Bldg. 60 Solar Lighting Battery ReplacementPre-Priced Task Yes

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J-C28.1 Security Systems Work Instructions Yes

END OF SECTION

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SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

K.1 CLAUSES INCORPORATED BY REFERENCE



CLAUSE NUMBER

DATE TITLE

52.203-11 SEP 2007 Certification & Disclosure Regarding Payments to Influence Certain Federal Transactions

52.222-38 SEP 2010 Compliance with Veterans' Employment Reporting Requirements

52.223-1 May 2012 Biobased Product Certification52.223-4 May 2008 Recovered Material Certification

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2012)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is

561210 Facilities Support Services

(2) The small business size standard is $35.5M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation,

paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

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[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation

as indicated: NONE

(2) The following certifications are applicable as indicated by the Contracting Officer:

[ ](i) 52.219-22, Small Disadvantaged Business Status.[ ](A) Basic.[ ](B) Alternate I.

[ ](ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[ ](iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

[ ](iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

[ ](v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[ ](vi) 52.227-6, Royalty Information.[ ](A) Basic.[ ](B) Alternate I.

[ ](vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov . After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifying change by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

-------------------------------------------------------------------------------------------------------------------FAR Clause Title Date Change-------------------------------------------------------------------------------------------------------------------

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

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K.3 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (MAY 2011)

(a) Definitions. "Inverted domestic corporation" and "subsidiary" have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

(c) Representation. By submission of its offer, the Offeror represents that:

(1) It is not an inverted domestic corporation; and(2) It is not a subsidiary of an inverted domestic corporation.

K.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

(a) Definitions. As used in this provision:

"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means:

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the Offeror checked "has" in paragraph (b) of this provision, the Offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete

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as of the date of submission of this offer with regard to the following information:

(1) Whether the Offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the Offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in:

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the Offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the Offeror has provided the requested information with regard to each occurrence.

(3) The Offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

K.5 52.225-2 BUY AMERICAN ACT—CERTIFICATE (FEB 2009)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.”

(b) Foreign End Products:LINE ITEM NO. COUNTRY OF ORIGIN

______________ _________________61



______________ _______________________________ _________________

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation.

K.6 1852.225-72 RESTRICTION ON FUNDING ACTIVITY WITH CHINA--REPRESENTATION (FEB 2012)

(a) Definition - "China" or "Chinese-owned" 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 536, restrict NASA from contracting to participate, collaborate, or coordinate bilaterally in any way with China or a Chinese-owned company with funds appropriated on or after April 25, 2011. Contracts for commercial and non-developmental items are excepted from the prohibition as they constitute purchase of goods or services that would not involve participation, collaboration, or coordination between the parties.

(c) Representation. By submission of its offer, the Offeror represents that the Offeror is not China or a Chinese-owned company.

END OF SECTION

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http://acquisition.gov/far/current/html/FARTOCP25.html#wp225048


SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 CLAUSES INCORPORATED BY REFERENCE


Federal Acquisition Regulation (FAR) [48 CFR Chapter 1] and NASA FAR Supplement Provisions:

CLAUSE NUMBER

DATE TITLE

52.204-6 DEC 2012 Data Universal Numbering System (DUNS) Number52.215-1 JAN 2004 Instructions to Offerors—Competitive Acquisition52.215-22 OCT 2009 Limitation on Pass-Through Charges - Identification of

Subcontract Effort52.222-24 FEB 1999 Preaward On-Site Equal Opportunity Compliance

Evaluation

L.2 SUBMITTAL OF TECHNICAL QUESTIONS

Specific questions should be presented in writing and submitted to the Contracting Officer, Aaron A. Olmsted by May 20, 2013, 4:30 p.m., in order to allow for a proper response and dissemination. Questions of any nature or in any form shall NOT be directed to the technical activity personnel. Questions may be submitted to:

NASA Glenn Research CenterAaron A. Olmsted, Contracting Officer21000 Brook Park Road, MS 60-1Cleveland, OH 44135

OR

FAX: 216-433-5114

OR

Email: [email protected]

L.3 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

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Any contract awarded as a result of this solicitation will be [ ] DX rated order; [X] DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

L.4 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR DATA OTHER THAN COST OR PRICING DATA (OCT 2010) - ALTERNATE IV (OCT 2010)

(a) Submission of certified cost or pricing data is not required.

(b) Provide data as requested in Cost Volume Instructions

L.5 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

L.6 RESERVED

L.7 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

NASA Glenn Research CenterAaron A. Olmsted, Contracting Officer21000 Brook Park Road, MS 60-1Cleveland, OH 44135

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

L.8 1852.233-70 PROTESTS TO NASA (NFS) (OCT 2002)

Potential bidders or Offerors may submit a protest under 48 CFR Part 33 (FAR Part 33) directly to the Contracting Officer. As an alternative to the Contracting Officer's consideration of a protest, a potential bidder or Offeror may submit the protest to the Assistant Administrator for Procurement, who will serve as or designate the official responsible for conducting an independent review. Protests requesting an independent review shall be addressed to: Assistant Administrator for Procurement, NASA Code H, Washington, DC 20546-0001.

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L.9 1852.215-77 PREPROPOSAL/PRE-BID CONFERENCE (DEC 1988)

(a) A pre-proposal/pre-bid conference will be held as indicated below:

Date: Wednesday, April 10, 2013

Time: 9:00 am

Location: Ohio Aerospace Institute (OAI) Auditorium, 22800 Cedar Point Road, Cleveland, Ohio 44142. PLEASE NOTE THAT ATTENDEES MUST MEET AT THE GRC BUILDING 500 PARKING LOT AND BE BUSED TO OAI. PLEASE SEE THE INDUSTRY DAY NOTIFICATION POSTED TO THIS SOLICITATION PAGE AT WWW.FBO.GOV ON MARCH 27, 2013 FOR FURTHER INFORMATION.

Other Information, as applicable: Industry Day information was provided in separate documents; Registration is required.

(b) Attendance at the pre-proposal/pre-bid conference is recommended; however, attendance is neither required nor a prerequisite for proposal/bid submission and will not be considered in the evaluation.

L.10 1852.215-81 PROPOSAL PAGE LIMITATIONS (FEB 1998)

(a) The following page limitations are established for each portion of the proposal submitted in response to this solicitation.

Volume I – Mission Suitability 80 pagesVolume II – Price No page limitVolume III – Relevant Experience and Past Performance

20 pages

Volume IV - Business No page limit

(b) A page is defined as one side of a sheet, 8 ½” x 11”, with at least one inch margins on all sides, using not smaller than 12 point type. Foldouts count as an equivalent number of 8 ½” x 11” pages. The metric standard format most closely approximating the described standard 8 ½” x 11” size may also be used. Smaller than 12 point type may be used in figures or charts within the written proposals so long as the figure or chart does not consist primarily of text AND can be reasonably read by the evaluators, if the information is unable to be deciphered it WILL NOT be evaluated.

(c) Title pages, tables of contents, copies of contractual arrangements, and the resumes of Key Personnel are excluded from the page counts specified in paragraph (a) of this provision. In addition, the Cost section of your proposal is not page limited. However, this section is to be strictly limited to cost and price information. Information that can be construed as belonging in one of the other sections of the proposal will be so construed and counted against that section’s page limitation.

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http://WWW.FBO.GOV/


(d) If final revisions are requested, separate page limitations will be specified in the Government’s request for that submission.

(e) Pages submitted in excess of the limitations specified in this provision will not be evaluated by the Government and will be returned to the Offeror.

L.11 1852.245-81 LIST OF AVAILABLE GOVERNMENT PROPERTY (JAN 2011)

(a) The Government will make the following Government property available for use in performance of the contract resulting from this solicitation, on a no-charge-for-use basis in accordance with FAR 52.245-1, Government Property, included in this solicitation. The offeror shall notify the Government, as part of its proposal, of its intention to use or not use the property. [SEE ATTACHMENT J-C5.3 FOR LIST OF GOVERNMENT FURNISHED EQUIPMENT]

(b) The Government will make the following Government property available for use in performance of the contract resulting from this solicitation, on a no-charge-for-use basis in accordance with FAR 52.245-2, Government Property Installation Operation Services, as included in this solicitation. The Offeror shall notify the Government of its intention to use or not use the property. [SEE ATTACHMENT J-C5.3 FOR LIST OF GOVERNMENT FURNISHED EQUIPMENT]

(c) The selected Contractor will be responsible for costs associated with transportation, and installation of the property listed in this provision.

L.12 COMMUNICATIONS REGARDING THIS SOLICITATION

(a) Questions or comments regarding this solicitation must be submitted in writing, cite the solicitation number, and be directed to the following Government representative:

Name: Aaron A. OlmstedEmail: [email protected]

Oral questions will not be answered due to the possibility of misunderstanding or misinterpretation.

(b) Questions or comments should be submitted by 4:30 p.m. EST May 19, 2013 to allow for analysis and dissemination of responses in advance of the proposal due date. Late questions or comments are not guaranteed a response prior to the proposal due date.

(c) Questions or comments shall not be directed to the technical activity personnel.

L.13 OSTENSIBLE SUBCONTRACTOR RULE INFORMATION

If the Offeror proposes using teammates/major subcontractors, the Offeror shall describe and explain their approach to teaming and subcontracting and for compliance with the Small Business Administration¹s (SBA) Ostensible Subcontractor Rule. Include specific details so that the Government can determine that the prime Contractor making the offer will be performing the

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primary and vital requirements for the contract. The description and explanation shall include the following:

(a) Rationale for each of the arrangements

(b) Identification of points of contact

(c) Business size of each teammate or major subcontractor

(d) Identification of which party will be managing the contract

(e) Which teammate led pursuit of the Contract

(f) The degree of collaboration in preparing and submitting the proposal

(g) How management and control policies will be implemented

(h) How work will be controlled, reported, and reviewed

(i) Accessibility and flow of relevant support from internal and external sources, such as parent organizations, teaming arrangements, major subcontractors

(j) Any integration of teammate/major subcontractors into the management and supervisory hierarchy

(k) Which party possesses the background and expertise necessary for contract performance

(l) Identification of teammate that will perform the more complex and costly contract functions

(m) Description and amount of the work to be performed by each party (Contractor, teammate, and subcontractor), including the associated SOW paragraphs, percentage of the total work to be performed by each party, and whether each party will perform discreet tasks or a commingling of personnel from each party will perform each task

(n) Distribution of fixed fee between prime Contractor and teammates/major subcontractors

The Government will perform an analysis to ensure that no apparent ostensible subcontract relationship has been proposed. The Small Business Administration (SBA) Ostensible Subcontracting Rule Information will be assessed to verify that the Offeror is eligible for award as a Small Business. If it appears that an ostensible subcontract may have been proposed, the proposal evaluation may proceed until a final determination is made by the SBA. Offerors are advised that evidence of non-compliance with this clause and FAR 52.219-14 may result in elimination of the Offeror from award.

The Offeror is cautioned to ensure that their teaming/major subcontracting arrangement does not violate the ostensible subcontracting rules set forth by the Small Business Administration. In the event an Offeror’s proposal is determined to be unacceptable based on the SBA Ostensible Subcontractor Evaluation, the matter may be referred to the Small Business Administration (SBA) for a Certificate of Competency in accordance with the procedures outlined in FAR 19.6.

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All Joint Ventures proposed by the Offeror must be officially approved by the SBA prior to contract award.

NOTE: The Government is collecting this information in anticipation of the Small Business Administration’s (SBA) size determination regarding any proposed final contract award. This information shall be included in the Offeror’s Business Volume.

L.14 PROPOSAL PREPARATION – GENERAL INSTRUCTIONS

(i) Offerors shall submit proposals in four volumes as specified below. Each part of the proposal should be complete and prepared in accordance with solicitation instructions to enable concurrent and separate evaluation of each part. Each volume listed below shall stand alone and not require reference to another volume.

Vol. I Mission Suitability 1 original + 7 identical hard copies + electronic copiesVol. II Price 1 original + 2 identical hard copies + electronic copiesVol. III Relevant Experience

and Past Performance1 original + 2 identical hard copies + electronic copies

Vol. IV Business 1 original + 2 identical hard copies + electronic copiesVol. V Electronic Media All electronic copies

(ii) Bound proposals or proposals in 3-ring binders are requested for the submitted paper proposal information. Paper proposals shall be tabbed and separated into the following distinct sections so that evaluation may be accomplished concurrently and independently:

(1) Volume I: Mission Suitability

(i) Management Approach

(ii) Approach to Reliability-Centered Maintenance (RCM)

(iii) Safety, Health, Environmental & Sustainability Functions

(iv) Understanding the Requirement

(2) Volume II: Price

(3) Volume III: Relevant Experience and Past Performance

(4) Volume IV: Business

(5) Volume V: Electronic Media

The original copy shall be clearly marked as the original. Electronic copies shall be submitted in a separate folder and appropriately marked for each volume. Electronic copies shall be in accordance with the Electronic Data Submission provision.

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A cover sheet should be bound in each book, clearly marked as to volume number, title, copy number, RFP number, and the Offeror’s name.

(iii) Include a cover letter with the proposal as part of Volume I. The cover letter must be signed by an official authorized to contractually bind your company. As part of that letter, please provide the following information:

(1) The names, telephone numbers, and email addresses of persons to be contacted for clarification or questions.

(2) Offeror’s CAGE Code, DUNS number, and Tax ID Number (TIN).

(3) Statement that the proposal is firm for a period of not fewer than 180 days.

(4) A statement of acceptance of the anticipated contract provisions and proposed schedule, or specific exceptions taken to any of the terms and conditions. Specific exceptions may be evaluated as a weakness or a deficiency.

(5) A Standard Form 33 with Blocks 12-18 completed and signed by an official authorized to contractually bind the Offeror. Include written acknowledgement of any solicitation amendments.

(6) A completed Clause B.3 and B.4 with the proposed amounts inserted in the appropriate spaces.

(iv) Address and forward the proposal package to:

NASA Glenn Research CenterAttn: Aaron A. Olmsted, Contracting Officer21000 Brookpark Rd., M/S 60-1Cleveland, OH 44135

(v) All Offeror’s (including companies that have badged access to GRC) who choose to hand deliver their proposal shall schedule a “delivery time” with the Government. Proposals shall be delivered to the NASA Glenn Research Center, Building 60 (loading dock on west side of building). Offers shall contact [email protected] at least 24 hours in advance to schedule a delivery time. For companies that do not have badged access to GRC, a visitor badge will be issued at the GRC Main Gate. The following information shall be provided when a delivery time is scheduled. Name of individual(s), citizenship, and company representing. Picture identification (driver’s license, state identification card, or passport) is also required to receive a visitor’s badge. Only US citizens will be permitted access to GRC. Please allow 30 minutes for visitor badge processing.

(vi) The pages of each proposal volume shall be numbered and identified with the Offeror’s name, RFP number, and date. Subsequent revisions shall be similarly identified to show revision number and date. Each volume shall contain a detailed table of contents to delineate the sections and subsections within that volume. The table of contents must list figures and tables separately. Where necessary, a cross-reference sheet to other volumes shall be included. Tab indexing shall be used to identify sections. Each volume shall

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contain a glossary of all abbreviations and acronyms used, with an explanation for each. Glossaries do not count against the page limitations for their respective volumes.

(vii)Proposals shall be submitted in a format that addresses all the evaluation factors, in order, listed in Section M. Information pertinent to the factors shall be included in their proposal volumes. (The Government does not recommend the use of “see paragraph X” or similar verbiage as a suitable answer to any given section).

(viii) The Relevant Experience and Past Performance Questionnaires are due by 4:30 p.m. EST June 14, 2013.

The Relevant Experience and Past Performance Volume (Volume II) is due by 4:30 p.m. EST June 14, 2013.

All other volumes are due by 4:30 p.m. EST June 21, 2013.

L.15 ELECTRONIC DATA SUBMISSION

Offerors and their major subcontractors are required to submit their proposals in two (2) formats, hard copy bound format and standardized 700 MB Compact Disk (CD) format (Offerors at their sole discretion may provide USB flash drives in lieu of CD). Offerors shall provide one (1) original electronic copy of all volumes and one (1) back up electronic copy of all volumes. Discs (or USB flash drives) shall be labeled as “Original” or “Backup.” In the event of a discrepancy between the electronic format and the hard copy, the hard copy will be considered the intended text. The disk submission must be compatible with the software and hardware specifications described below and must be labeled externally with the RFP number, Company Name, Date Prepared, and annotated “Source Selection Information – See FAR 3.104”. Submitted electronic media shall be virus free.

The Government intends to use PC compatible computers to aid in the evaluation of price proposals. The Government will use Microsoft Office Word 2010 and Microsoft Office Excel 2010 in its evaluation. For pictures, the Government prefers encapsulated Postscript (.eps) or embedded (copying and pasting any format of graphic into a document) MS Word 7.0 pictures. The following formats for pictures, drawings, figures, etc., are also acceptable: .cgm, .jpg, .wmf, .mpp, .dxf, or .bmp.

L.16 INSTRUCTIONS FOR VOLUME I – MISSION SUITABILITY

The Offeror shall provide a detailed Mission Suitability response that clearly demonstrates how the Offeror shall meet or exceed all requirements of the Statement of Work (SOW) and Request for Proposal (RFP). Provide precise, factual, detailed and complete information that is fully responsive to the instructions which follow and is relevant to the requirements of the SOW. When preparing a response to this section, the Offeror shall not assume that proposal evaluators are aware of any company capabilities, resources, plans, organizations or other information that is relevant to accomplishment of the SOW. The Government’s evaluation of the Offeror’s response to this section will be based on written information provided in the Offeror’s proposal, in accordance with the instructions below. Information incorporated by reference will not be evaluated. Resumes and signed statements of commitment shall not count against

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proposal page limitations.

Offerors shall utilize the numbering system/format below when submitting the Mission Suitability proposal. Each row indicates the relationship between the Section L Instruction, the Section M Evaluation criteria, the location within the Statement of Work, and how the Offeror shall number and organize its response. Offeror’s shall follow the numbering structure located in the Offeror’s response column and shall address the Section L, M, and SOW requirements in that section of its response.

SUB FACTOR AMANAGEMENT APPROACH

Section L.16 (a) Section M.2 (a) SOW Offeror's ResponseMA1: Organizational Structure MA1 C.8.1 MA1MA2: Management Summary MA2 C.8.1 MA2MA3: Key Personnel MA3 C.8 MA3MA4: Phase-In Plan MA4 N/A MA4MA5: Union Negotiations MA5 N/A MA5

SUB FACTOR BAPPROACH TO RELIABILITY-CENTERED MAINTENANCE

Section L.16 (b) Section M.2 (b) SOW Offeror's ResponseRCM1: RCM Implementation Plan RCM1 C.13.4 RCM1RCM2: Management of the Maximo Function RCM2 C.9 RCM2

RCM3: Energy Management Control System (EMCS) Utilization RCM3 C.19 RCM3

SUB FACTOR CSAFETY, HEALTH, ENVIRONMENTAL & SUSTAINABILITY FUNCTIONS

Section L.16 (c) Section M.2 (c) SOW Offeror's ResponseSHES1: Health & Safety Function SHES1 C.8.7 SHES1SHES2: Environmental Function SHES2 C.8.8 SHES2SHES3: Sustainability Function SHES3 C.7.6 SHES3

SUB FACTOR DUNDERSTANDING THE REQUIREMENTS

Section L.16 (d) Section M.2 (d) SOW Offeror's ResponseUTR1: IDIQ Service Request Example Problem UTR1 C.12 UTR1

UTR2: Finding During a PM Sample Problem UTR2 C.11 UTR2

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UTR3: Emergency TC Sample Problem UTR3 C.10 UTR3

UTR4: RCM Sample Problem UTR4 C.13 UTR4(c) Sub Factor A: Management Approach

(1) MA1: Organizational Structure

Describe the Offeror’s organization structure and the proposed approach to meet the technical, business, safety, health, environmental and any other requirements specified in the Statement of Work (SOW). This organizational chart shall include staffing levels, a functional statement for each department, and identification of key personnel and leads.

(2) MA2: Management Summary

The Offeror shall provide a summary procedure for handling the Base Fixed-Price Work and the IDIQ Fixed-Price Work. This summary shall address the plan for managing an increase or decrease in the IDIQ workload without impacting the resources committed to the Base portion of the contact. In addition, the Offeror shall describe how the business and quality control functions will be conducted to ensure that all work is completed in a timely and accurate manner. If subcontractors are proposed, the Offeror shall provide a subcontracting plan that includes a description of the procedures for the selection of the subcontractors and the nature and extent of the work to be performed by the subcontractors. The subcontracting plan shall include the names, capabilities, responsibilities, and the Offeror’s past experience with the subcontractor.

The Offeror’s management summary shall specifically define the approach to operating and maintaining the high-energy, high-risk systems defined in the SOW. Specifically these are the high pressure steam systems, the chilled water systems, and the high voltage electrical system.

(3) MA3: Key Personnel

The Offeror shall describe the qualifications, roles, and responsibilities of all proposed key personnel. The Offeror’s description shall clearly address the relevant skills, certifications, and experience of each proposed individual. In addition, the description shall indicate the individual’s background with the Offeror, if applicable, and include a signed letter of intent. A one-page resume shall be provided for key personnel. (The resume and the letter of intent will not be counted towards page limits.)

(4) MA4: Phase-In Plan

Describe the Offeror’s plan for phase-in during the specified sixty (60) day time period at the start of the contract. The Offeror shall provide a description of the responsible personnel and their respective duties and a milestone schedule. The phase-in plan shall describe the process for establishing the business, quality control, and CMMS functions, transitioning of Base & IDIQ Work activities, transferring of Government-Furnished items from the current contractor, and a plan for the replacement of Contractor-Owned equipment.

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(5) MA5: Union Negotiations

Describe the Offeror’s proposed approach for effectively dealing with the local unions, specifically addressing the future Collective Bargaining Agreement (CBA) negotiations that will help achieve program effectiveness and lower overall costs to the Government.

Sub Factor B: Approach to Reliability-Centered Maintenance

(1) RCM1: RCM Implementation Plan

The current GRC maintenance strategy is based on a philosophy of establishing scheduled preventive maintenance (PM) activities to prevent failures. GRC is in the process of transitioning from this philosophy through the use of RCM principles in next few years. RCM provides the optimum mixture of proactive (scheduled maintenance), reactive (repair action after failure), and predictive (monitoring actions to predict failures and perform maintenance if required) to lower the maintenance cost. The Offeror shall provide their approach to implementing RCM practices and discuss the RCM strategies and methods that will be used to address the elements of the SOW. The Offeror shall provide a high-level milestone schedule for completing the transition in a maximum of two years.

(2) RCM2: Management of the Maximo Function

An effective RCM Program requires the analysis of data trends extracted from Maximo. Consequently, accurate input of Maximo data, configuration control of assets, and capturing of field comments and failure codes is essential to RCM success.

Describe how the Offeror will implement the Work Control and Maximo management functions and the proposed Security Group and Work Group types that will be required. This description shall identify how proposed work will flow from the Work Request Office through the completion of the task. The Offeror’s proposal shall identify approaches to improve the efficiency and accuracy of data entered into the Maximo system. The description shall include the proposed internal audit processes that will be used to ensure that all preventative maintenance activities are completed in a timely manner.

(3) RCM3: Energy Management Control System (EMCS) Utilization

Currently, GRC is using the Center-wide EMCS network and Siemens System 600 Apogee® Automation System primarily for monitoring building systems. The Offeror’s proposal shall identify approaches of utilizing the EMCS data and system as part of their RCM function and how it will improve the reliability of systems. In addition, the Offeror’s proposal shall address any enhancement that would result in improved utilization of the EMCS.

(c) Sub Factor C: Safety, Health, Environmental & Sustainability Functions

(1) Health & Safety Function

The Offeror shall describe the primary elements of their Health and Safety Program and how they will meet the requirements of the Glenn Occupational Health Programs Manual

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(GLM-QS-1800.1) and the GRC Safety Manual (GLM QS 1700.1). The description shall detail the practices that will be implemented throughout the contract period. In addition, describe the methods the Offeror will use to protect both Contractor employees and GRC employees. Specify how the Offeror will monitor and ensure that all subcontractors comply with the approved health and safety plans.

(2) Environmental Function

The Offeror shall describe the primary elements of their Environmental Program and how they will meet the requirements of the Glenn Environmental Programs Manual (GLM-FE-8500.1). The Offeror shall include plans for managing the handling of hazardous materials and universal wastes.

Describe how the Offeror plans to manage, identify, and remediate any asbestos-containing materials (ACM), lead-based paints and sealers, and solid waste/hazardous waste-containing soils.

(3) Sustainability Function

Describe how the Offeror proposes to commit to the following Green, Sustainability & Energy Savings:

(i) Limiting the quantity and toxicity of pollutants released into the environment during the operations and maintenance of centralized systems.

(ii) Reducing the amount of solid waste placed in landfills during demolition or excavation activities.

(iii) Conservation of resources through the reduction of energy and water usage.(iv) Use of environmentally preferable alternatives when selecting materials.

(d) Sub Factor D: Understanding the Requirements

(1) UTR1: IDIQ Service Request Sample Problem

The GRC Work Request Office (WRO) receives a phone call from a research customer requesting the replacement of a small roof-mounted air handling unit containing a steam heating coil and a chilled water coil. The researcher’s building is 70 years old and is three stories in height. Although there are few records on the air handling unit, it is estimated that it was installed in the early 1970’s. The roof curb is roughly four feet from the edge of the roof, and needs to be replaced along with the air handling unit. The WRO logs the request into Maximo as a repair (Replacement of Obsolete Items).

The Offeror shall provide an itemized description of how to proceed with this work order through the completion of the task.

(2) UTR2: Finding During a PM Sample Problem

Upon performing a scheduled preventative maintenance (PM) activity on an oil-filled, high voltage transformer, the Offeror’s Work Group Technician notices a high temperature reading and smells a strong odor of burning insulation. Upon further investigation and review by the GRC High Voltage Systems Manager, it is determined

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that the transformer has failed catastrophically and needs to be replaced.

Assume that the Offeror is issued a Work Order from the GRC WRO to replace the transformer. The Offeror shall provide an itemized description of how to proceed with this work order through the completion of the task.

(3) UTR3: Emergency TC Sample Problem

At 2:00 a.m., the GRC Security Office calls the GRC Emergency Dispatch Office to report a visual sighting of a water leak. A Security Officer has observed that water is breaching the asphalt pavement on a roadway in front of Building 3. The Dispatcher notifies the Offeror’s Duty Officer of the incident. It is determined that the problem is due to the failure of a sixteen (16) inch diameter Domestic Water main.

The Offeror shall describe their approach for responding to the Emergency TC, repairing the leak, and restoring the water main and the site to its original condition. The description shall include the business practices, safety and health procedures, and all other elements the Offeror considers important up to and including the close-out of the work order.

(4) UTR4: RCM Sample Problem

The GRC SOW prescribes regularly scheduled preventative maintenance (PM) procedures for the North Central Chilled Water Plant, Building 9. Equipment associated with this Plant includes pumps, variable speed drives, centrifugal chillers, and electrical switchgear. GRC intends to implement RCM practices to reduce the total cost of operating and maintaining this equipment and increasing the system reliability while maintaining an acceptable level of risk.

The Offeror shall describe how they will implement their RCM process for this specific example. The description shall include the interfaces with Government personnel and all assumptions made.

L.17 INSTRUCTIONS FOR VOLUME II – PRICE

(a) Overview/General Instructions

(1) It is contemplated that a single NASA contract will be awarded as a result of this solicitation. This will include a Base Work Fixed-Price element and an Indefinite Delivery, Indefinite Quantity (IDIQ) Fixed-Price Task Order element. The awarded contract will include a sixty (60) day Phase-in Period, a twenty-two (22) month Base Period of performance, three (3) one year Option Periods, and a six (6) month Option to Extend.

(2) For pricing purposes, the Offeror shall use the period of performance from December 1, 2013 to March 31, 2019.

Performance Period Contract Year Planned DatesPhase-In 60 days Prior to Award (Firm Fixed Price)

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Base Period Year 1 12/01/2013 – 09/30/2014Base Period Year 2 10/01/2014 – 09/30/2015

Option Period 1 Year 3 10/01/2015 - 09/30/2016Option Period 2 Year 4 10/01/2016 – 09/30/2017Option Period 3 Year 5 10/01/2017 – 09/30/2018Option to Extend Year 6 10/01/2018 – 03/30/2019

Table – Contract Period of Performance

(3) Offerors are exempt from the requirements of submission or certification of cost or pricing data, based on a reasonable expectation of adequate price competition. However, information other than cost or pricing data, as defined at FAR 15.402, is required to ensure the price proposals have been prepared on a sound basis, to evaluate competitive approaches, and to support a determination of price reasonableness.

(4) The RFP-specified formats provided herein are structured on a Government Fiscal Year (FY) basis. In preparing the proposal, summary level information is required on the templates. However, the Offeror’s own format may be used for submitting supporting information. Offerors are instructed to complete all applicable templates provided herein, and provide supporting information to explain the basis of estimate for the proposed amounts.

(b) Volume II Proposal Submittal Instructions

(1) Price Proposal Preparation Volume II: The Price Proposal shall encompass all prices associated with the requirements of the RFP and shall comply with applicable Federal Acquisition Regulation (FAR), NASA FAR Supplement (NFS), and governing statutory requirements.

(2) Format: As referenced in RFP Section L-14, one (1) original and two (2) hard copies and two (2) electronic copies are required to be submitted. In the event of a discrepancy between the hard copy and the electronic copy, the hard copy will be considered the intended amount.

(3) Workbook names included in an Offeror’s Volume II shall begin with the company name’s first three letters followed by a hyphen and the workbook’s file name. Below is an example of how company “ABC” would name their Price Volume workbooks:

Example: “ABC - Primary Pump.xls”

(4) Cover Page/ Label Information: The following information should be submitted on the cover page of the Price Proposal:

(i) Volume II: Price Proposal

(ii) Solicitation Number

(iii) Offeror’s name, address, and telephone number

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(iv) Name, title, telephone number and e-mail address of a Point of Contact

(v) Type of contract

(vi) Total Proposed Amount (all Performance Periods as shown above)

(vii) Date of submission

(viii) Name, title and signature of an authorized representative of the company

(ix) Offeror’s CAGE Code

(4) The following information should be provided on the electronic format labels:

(i) Offeror’s name

(ii) Volume II: Price Proposal

(iii) The solicitation number

(iv) If the Offeror is a subcontractor, the name of the Prime Offeror

(5) Formulas: All formulas used in the electronic spreadsheets must be clearly visible in the individual cells. Whereas linking among the spreadsheets is required, the use of external links is prohibited. The workbooks must contain no macros or hidden cells.

(6) Worksheet Naming: Worksheets have been named in the Excel Pricing Model and Attachment J schedules.

(7) Locks: The electronic submittal shall not be locked/protected or secured by passwords in part or in whole.

(c) Responsibility Determination Disclosures

Prime Offerors are required to submit information which demonstrates their financial capability to perform the contract. If a teaming arrangement, joint venture, or other business combination is contemplated, disclose each participant’s responsibility for financial management of the venture, funding requirements, limitation of liabilities, and any other information which describes the business arrangement.

(d) Templates

Each Offeror will include the following templates in its Price Proposal. The templates are provided in Excel workbooks identified in the following table. Several of these work books are electronic copies of Section J schedules, when filled in, will become a permanent part of the contract document. The Section J-B.5 Pro Forma Price Template is provided for estimating the cost of the IDIQ portion of the contract, and is to be used for evaluation purposes only. The Offeror may resize the templates to better fit the proposal package, but must adhere to the format designs provided. Offerors are encouraged to link formulas and

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amounts in the pricing model spreadsheets to the maximum extent possible to ensure traceability between detail and summary level data. Offerors may, based solely on their discretion, attach detailed information, presented in the Offeror’s own format, which supports the amounts on the templates. All pricing and estimating techniques, computations and basis of estimates should be clearly explained in a narrative format.

(e) A Price Summary Template for the six (6) contract years is not provided. Offerors are required to submit Price Summary information in their own format. Specifically, each contract year’s total price for the SOW Line item proposed amount should be shown with a summary of the six contract year’s total contract price.

(f) Pricing Workbooks

The following pricing workbooks (provided as Attachments in Section J) shall be completed by the Offerors:

# Workbook EXCEL File Name

1 Attachment J-B.1 Base Work Pricing Breakdown

Attachment J-B-1 Base Work Pricing Breakdown.xls

2 Attachment J-B.2 IDIQ Pre-Priced Task Pricing

Attachment J-B-2 IDIQ Pre-Priced Task Pricing.xls

3 Attachment J-B.3 Labor Category Pricing Attachment J-B-3 Labor Category Pricing.xlsx

4 Attachment J-B.4 Direct Labor Pricing Attachment J-B-4 Direct Labor Pricing.xlsx

5 Attachment J-B.5 Pro Forma Price Template

Attachment J-B-5 Pro Forma Price Template.xlsx

6 Attachment J-B.6 Pro Forma Unit Price Template

Attachment J-B-6 Pro Forma Unit Price Template.xlsx

(g) Attachment J-B.1 Base Work Pricing Breakdown

The Offeror shall use this worksheet to furnish proposed prices for each Base Work SOW Line Item for the Base Period, Option Periods, and the Option to Extend Period. This Attachment will become a permanent part of the contract. The Offerors shall reconcile the total proposed Attachment price with the amount on Section B.3.

A Phase-in Period, between the award and the initiation of contract services, is anticipated. The projected Phase-in will be authorized for a single period based on the start date of the initial contract service. Phase-in activities shall be accomplished on a firm fixed-price basis.

A template is not provided for the Phase-in Period. However, Offerors are required to submit Phase-in cost information in their own format. Specifically, state the number of days that will be required for Phase-in based on the proposed approach described in the Mission Suitability Volume. Include a brief description of the activities to be performed, the basis of estimate, labor classifications of Phase-In personnel, the sources of labor, and any non-labor costs, such as travel, equipment, and facilities.

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(h) Attachment J-B.2 IDIQ Pre-Priced Task Pricing

The Offeror shall use this worksheet to furnish proposed firm fixed-prices for each of the tasks indicated on the worksheet for the Base Period, Option Periods, and the Option to Extend Period. Offerors shall assume that these tasks will be ordered under IDIQ at the discretion of the Government.

(i) Attachment J-B.3 Labor Category Pricing

The Offeror shall use this worksheet to furnish the fully-burdened labor rates to be used for IDIQ Task orders. This Attachment will become a permanent part of the contract.

The Government may order additional services on an IDIQ basis at any time during the Base Period, Option Year Periods, and the Extension Option Period in accordance with the task ordering procedure described in RFP Section H.4.

Prime Offerors are required to submit a schedule of not-to-exceed fixed-price straight time and overtime hourly rates by year.

Straight time and overtime labor rates are required for each labor category for each Wage Determination and Collective Bargaining Agreement by year. The labor rates should include annual wage, salary, health and welfare cost, for all personnel exempt and non-exempt from the Service Contract Act and Collective Bargaining Agreements. The proposed labor rates in each Contract Year (CY) will be used as a basis for equitable adjustments pursuant to FAR 52.222-43.

A discount schedule may be provided wherein Offerors may specify discounts applicable to the additional task orders, such as most-favored customer, volume/quantity, skill mix, and spot reductions.

Tab ADDL TO LABOR RATES DEVELOPMENT is the supporting worksheet for the Attachment J-B.3.

(j) Attachment J-B.4 Direct Labor Pricing

The Offeror shall use this worksheet to provide the detailed direct labor cost information necessary to populate worksheets required to support an equitable contract adjustment pursuant to FAR 52-222.43. The Offeror shall submit pricing information for each Contract Year (CY) for each of the SOW paragraphs C.14 through C.28 identifying the proposed straight time and overtime direct labor hours and rates. Direct labor hours and prices should be stated on a productive work year basis. The cost of non-productive time is to be classified as labor burden expenses along with “add-ons” for benefits. The non-productive costs and “add-ons” for benefits will be adjusted on a case by case basis.

Enter in the “Labor Classification” column, each labor classification, position or job title as listed in the DOL Wage Determination or CBA. Currently there is one U.S. Department of Labor Wage Determination in effect, Wage Determination No. 2005-2415, Revision No. 11, date of revision 06/13/2012 and two Collective Bargaining Agreements, International Brotherhood of Electrical Workers Local Union No. 38, dated April 17, 2013, Cleveland, Ohio and International Brotherhood of Teamsters Local Union No. 416, date signed

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February 13, 2012, Cleveland, Ohio.

Insert the number of Work Year Equivalents proposed for each labor category in the “WYE” column and disclose the factor used to convert labor hours to WYE.

As supporting information to the Direct Labor Pricing Template, disclose the basis and rationale used for labor rate development in each classification, including shift differentials, lead premiums, overtime premiums, etc. Demonstrate compliance with Department of Labor Wage Determinations and collective bargaining agreements. The proposed labor rates in each CY will be incorporated into the contract and will be the baseline rates for equitable adjustments pursuant to FAR 52.222-43. Pursuant to FAR 52.222-43 labor categories subject to a Collective Bargaining Agreement or DOL Wage Determination shall not be escalated beyond the current NASA GRC FORM contract year for the wage rate effective on 12/01/2013 of the respective Collective Bargaining Agreement or DOL Wage Determination.

The amounts on the Direct Labor Pricing Template should be the direct labor hours multiplied by the direct labor rates.

(k) Attachment J-B.5 Pro Forma Price Template

The Offeror shall use this worksheet to provide the fully burden hourly labor rates from Attachment J-B.3 for each of the Contract Years. The annual value of each contract year shall be summarized for a total estimated cost of the projected IDIQ effort. This amount is being utilized for evaluation purposes only and will not become part of the contract value.

(l) Attachment J-B.6 Pro Forma Unit Price Template

The Offeror shall use this worksheet to provide the unit price service rates for Attachment J-B.2 for each of the Contract Years. The annual value of each Contract Year shall be summarized for a total estimated cost of the projected Pre-Priced IDIQ Task effort. This amount is being utilized for evaluation purposes only and will not become part of the contract value.

(m) IDIQ Pricing

Offerors are cautioned that the maximum IDIQ ordering value as detailed in Section B.3 (b) is not a guaranteed award amount and should not construe such in creating their proposal. The Government reserves the right, but is not obligated, to order up to this amount. Offerors should use prudent judgment and sound business practices when establishing burdened rates for their proposal.

L.18 INSTRUCTIONS FOR VOLUME III – RELEVANT EXPERIENCE AND PAST PERFORMANCE

The Offeror’s Relevant Experience and Past Performance Volume shall consist of three (3) distinct sections, two (2) of which the Offeror shall provide and one (1) of which the Government will obtain. The three sections are detailed as follows:

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(a) Past Performance Narrative (PPN)

(1) The Offeror shall submit the information set forth below for the Prime Offeror and any Major Subcontractor/Teaming Partner. A Major Subcontractor is defined as entities performing services totaling 10% or more of the contract direct labor dollars.

(2) The Offeror shall provide past experience and performance information for past or current contracts that are relevant in terms of size, content and complexity to this SOW.

(3) The Offeror shall only include contracts held within the past three (3) years of the solicitation issue date. The Offeror shall submit past experience and performance information for Major Subcontractor(s)/Teaming Partners in accordance with the above. The Offeror shall also address any problems encountered on the identified contracts and the Offeror’s implemented corrective actions.

(4) The Offeror shall include only those contracts under which work was performed by an organizational entity or entities (e.g., specific Division or Subsidiary of a parent company) included in the Offeror’s proposal. Offerors, Major Subcontractors, and Teaming Partners shall address the items in the following sections to the fullest extent possible. Submissions for Relevant Experience and Past Performance shall not exceed twenty (20) pages.

(5) Offerors shall utilize Attachment J-L.3 FORM-II Summary of Past Performance, Worksheets #1 and #2 (see two tabs on EXCEL spreadsheet) to submit past relevant experience and performance information. These two worksheets will not count against the overall page count for Volume III. This includes:

(i) Worksheet #1

Contract NumberContract Title and Client Name (Government Contract or other)Role of Offeror (Prime or Subcontractor)% of Work Performed by Offeror (in terms of direct labor dollars)Place of Performance (city, state, country, etc.)Contract Start and End DatesContract Value (value per year and total value over all years) Technical Contact Name, Phone Number & E-Mail Address (COTR or other) Business Contact Name, Phone Number & E-Mail Address (CO or other) Contract Type (fixed-price, cost-plus, etc.)Method of Acquisition (invitation for bid, best value, etc.)Contract Workforce Size (Offeror’s direct workforce + Major Subcontractor workforce)IDIQ Task Order Element to Contract (Yes or No)If IDIQ Task Order Element, What Was the Average Number or Tasks per YearTotal Dollar Value of IDIQ Task Order Element per year

(ii) Worksheet #2

Contract Number (repeat of above)Contract Title and Client Name (repeat of above)

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Contract Start and End Dates (repeat of above)Technical Content of Contract (check all of the technical disciplines that apply from C-14 through C-28, as identified in this SOW)

(6) The Offeror shall address, as a minimum, the following information in narrative form:

(i) Reliability-Centered Maintenance (RCM) Experience

The Offeror shall provide relevant past experience in RCM practices including the use of Predictive Testing & Inspection (PT&I) techniques, use of data trending from CMMS systems and building automation systems, and Condition-Based Maintenance (CBM).

(ii) CMMS/Maximo Experience

The Offeror shall furnish relevant past experience in the use of Computerized Maintenance Management Systems (CMMS). Emphasis will be given to past experience in the use of Maximo Asset Management software.

(iii) Centralized Steam Plant Experience

The Offeror shall furnish relevant past experience in the operations and maintenance of centralized high pressure steam plants and steam/condensate distribution systems. Emphasis will be given to experience in steam plants that service multiple buildings.

(iv) High Voltage Electrical Distribution System Experience

The Offeror shall furnish relevant past experience in the maintenance and repair of high voltage electrical (600 V and greater) distribution systems. Emphasis will be given to past experience in the maintenance and repair of 138 kV and 34.5 kV high voltage electrical distribution systems.

(v) Labor Relations Experience

The Offeror shall furnish relevant past experience in the negotiation of a Collective Bargaining Agreement (CBA) with a labor union. For any CBA identified, the Offeror shall describe the major negotiation issues, the relationship the Offer had with the labor union, and any significant accomplishments or problems.

(vi) Subcontract Management Experience

If the Offeror is proposing to subcontract 10% or more of the contract effort per year in terms of direct labor dollars, the Offeror shall summarize their past experience in managing Major Subcontractors. The Offeror shall identify each subcontractor and the type, duration, and cost of each subcontract managed.

(vii)Health & Safety Experience

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Furnish Total Recordable Incident Rate (TRIR) information for the past three years (including OSHA Form 300A) for the Offeror’s company and any Major Subcontractors and Teaming Partners. OSHA Form 300A will NOT be included in the page limit for Volume III.

(7) The Past Performance Narrative shall be organized by Contract/Project title with relevant information from part (6) addressed under each Contract/Project heading.

(b) Past Performance Questionnaires (PPQ)

For the listed contracts, the Offeror, Major Subcontractors, and/or Teaming Partners shall forward a Past Performance Questionnaire (Attachment J-L.2) to the identified points of contact (POCs) for both the technical and business aspects of the contract.

POCs shall be instructed to complete and forward the PPQ directly to the Government at [email protected] by 4:30 p.m. EST June 14, 2013. The Offeror is responsible for ensuring that a minimum of two (2) completed PPQs (combined technical and business evaluations) are submitted for the Prime Offeror and each Major Subcontractor/Teaming Partner for which Past Performance exists.

Returned PPQs will not be counted against the Offeror’s Relevant Experience and Past Performance Volume III page limitations.

(c) Past Performance Databases (PPD)

The Government will collect and review additional relevant experience and past performance information from Government databases as well as other sources of information available to the Government. These databases will be used for the Offeror, Major Subcontractor(s), and/or Teaming Partners.

L.19 INSTRUCTIONS FOR VOLUME IV – BUSINESS VOLUME

(a) The Offeror shall provide a detailed Business Volume that clearly addresses and includes all items listed below. When preparing a response to this section, the Offeror shall not assume that reviewers are aware of any company capabilities, resources, plans, organizations or other relevant items. Information incorporated by reference will not be reviewed. The Offeror shall follow the structure below in creating its Business Volume.

(b) The Offeror shall include:

(1) Contractual agreement with each teaming partner and each proposed subcontractor.

(2) Joint Venture contractual agreements, if applicable.

(3) Representations and Certifications.

(4) A completed version of all contract clauses that contain a TBD field.

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(5) The Offeror’s understanding of the Service Contract Act (FAR Clauses 52.222-41 and 52.222-42: https://www.acquisition.gov/far/05-32/html/52_222.html#wp1148176). Include discussion of the labor categories to which the clause will be applied, how escalation will be applied, and how the clause will be implemented during the administration of the contract.

(6) Offeror’s proposed exception(s) to provision and clauses, if any.

(7) Ostensible Subcontractor Rule Information in accordance with the contract provision of the same name.

Note: Resumes and Commitment Letters of Key Personnel shall be included as an attachment to the Technical Capability Volume and will not be included in the page count.

L.20 INSTRUCTIONS FOR VOLUME V – ELECTRONIC MEDIA

(a) All copies of electronic media for each volume (I-IV) shall be placed in Volume V.

(b) Offerors shall provide one original electronic copy and one back up electronic copy.

END OF SECTION

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https://www.acquisition.gov/far/05-32/html/52_222.html#wp1148176


SECTION M - EVALUATION FACTORS FOR AWARD

M.1 SOURCE SELECTION AND EVALUATION FACTORS

(a) General

(1) This competitive negotiated acquisition will be conducted in accordance with Federal Acquisition Regulation (FAR) 15.3, “Source Selection,” and NASA FAR Supplement (NFS) 1815.3, same subject.

(2) The attention of Offerors is particularly directed to NFS 1815.305 “Proposal evaluation,” and NFS 1815.305-70 “Identification of unacceptable proposals.”

(3) The Government may award a contract based on the initial offers received, without discussion of such offers. Accordingly, each Offeror should submit its initial proposal to the Government using the most favorable terms from a price and technical standpoint. Discussions will be held only if award on the basis of initial offers is determined not to be in the Government’s best interest. If written or oral discussions are conducted, the Government will seek Final Proposal Revisions from Offeror’s within the competitive range.

(4) Award will be made to the responsible Offeror whose proposal meets the requirements of the solicitation and provides the best value to the Government.

(5) A lack of clarity or specificity in an Offeror’s proposal may be interpreted as a lack of understanding.

(b) Evaluation Factors

The three evaluation factors for this procurement are indicated below: A general definition of these factors may be found at NFS 1815.304-70, “NASA Evaluation Factors.” These factors will be used to evaluate each proposal.

(1) Mission Suitability

(2) Price

(3) Relevant Experience and Past Performance

(c) Mission Suitability Ratings

(1) The Mission Suitability indicates, for each Offeror, the quality of the work to be performed and the ability of the Offeror to accomplish what is proposed. The Mission Suitability Factor is numerically scored. The Mission Suitability Sub Factors are rated by adjective and numerically scored in accordance with the following table:

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ADJECTIVALRATING

DEFINITION (NFS 1815.305(a)(3)) PERCENTILERANGE

EXCELLENTA comprehensive and thorough proposal of exceptional merit with one or more significant strengths. No deficiency or significant weakness exists.

91 – 100

VERY GOOD

A proposal having no deficiency and which demonstrates over-all competence. One or more significant strengths have been found, and strengths outbalance any weaknesses that exist.

71 – 90

GOOD

A proposal having no deficiency and which shows a reasonably sound response. There may be strengths or weaknesses, or both. As a whole, weaknesses not off-set by strengths do not significantly detract from the offeror's response.

51 – 70

FAIRA proposal having no deficiency and which has one or more weaknesses. Weaknesses outbalance any strengths.

31 – 50

POOR

A proposal that has one or more deficiencies or significant weaknesses that demonstrate a lack of overall competence or would require a major proposal revision to correct.

0 - 30

(2) The following definitions will be used by the evaluation committee to classify the findings of the evaluation of the Offerors.

DEFINITION (FAR 15.001 & NASA Source Selection Guide)

DeficiencyA material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

Significant Weakness

A flaw that appreciably increases the risk of unsuccessful contract performance

Weakness A flaw in the proposal that increases the risk of unsuccessful contract performance.

Strength An aspect of the proposal that will have some positive impact on the successful performance of the contract

Significant Strength

An aspect of the proposal that greatly enhances the potential for successful contract performance

(3) The following Sub Factors will be used to evaluate the overall Mission Suitability:

(i) Sub Factor A: Management Approach

MA1: Organizational StructureMA2: Management SummaryMA3: Key PersonnelMA4: Phase-In PlanMA5: Union Negotiations

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(ii) Sub Factor B: Approach to Reliability-Centered Maintenance

RCM1: RCM Implementation PlanRCM2: Management of the Maximo FunctionRCM3: Energy Management Control System (EMCS) Utilization

(iii) Sub Factor C: Safety, Health, Environmental & Sustainability Functions

SHES1: Health & Safety FunctionSHES2: Environmental FunctionSHES3: Sustainability Function

(iv) Sub Factor D: Understanding the Requirements

UTR1: IDIQ Service Request Sample ProblemUTR2: Finding During a PM Sample ProblemUTR3: Emergency TC Sample ProblemUTR4: RCM Sample Problem

M.2 VOLUME I – MISSION SUITABILITY EVALUATION FACTOR

The Government will evaluate the Offeror’s Mission Suitability response to determine whether it clearly demonstrates how the Offeror will meet or exceed all requirements of the Statement of Work (SOW) and Request for Proposal (RFP). The Government will evaluate the precise, factual, detailed and complete information submitted responsive to the instructions and relevant to the requirements of the SOW. The Government will evaluate the Offeror’s capabilities, resources, plans, organizations or other information that is relevant to accomplishment of the SOW. The Government’s evaluation of the Offeror’s response to this section will be based on written information provided in the Offeror’s proposal. Information incorporated by reference will not be evaluated. The Government will follow the structure below in evaluating the technical proposal. Resumes and signed statements of commitment will not count against proposal page limitations.

The Government will evaluate the Offeror’s response according to the following proposal structure established in the Section L instruction.

See the cross-reference table in Section L.20.

(a) Sub Factor A: Management Approach

(1) MA1: Organizational Structure

The Government will evaluate the following:

(i) The Offeror’s organization structure.

(ii) The Offeror’s proposed approach to meeting the technical, business, safety, health, environmental and any other requirements specified in the Statement of Work

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(SOW).

(iii) The Offeror’s staffing levels, the functional statement for each department, and the identification of key personnel and leads.

(2) MA2: Management Summary

The Government will evaluate the following:

(i) The Offeror’s summary procedure for handling the Base Fixed-Price Work and the IDIQ Fixed-Price Work.

(ii) The Offeror’s approach to addressing the plan for managing an increase or decrease in the IDIQ workload without impacting the resources committed to the Base portion of the contact.

(iii) The Offeror’s description of how the business and quality control functions will be conducted to ensure that all work is completed in a timely and accurate manner.

(iv) The Offeror’s subcontracting plan (if proposed) that includes a description of the procedures for the selection of the subcontractors, the work to be performed by the subcontractors, the names, capabilities, responsibilities, and the Offeror’s past experience with the subcontractor.

(v) The Offeror’s approach to managing the high pressure steam systems, the chilled water systems, and the high voltage electrical system.

(3) MA3: Key Personnel

The Government will evaluate:

(i) The Offeror’s proposed key personnel qualifications, roles, and responsibilities including relevant skills, certifications, experience of each proposed individual, the individual’s background with the Offeror (if applicable), and the signed letter of intent.

(ii) The Offeror’s submitted resumes for key personnel based on the qualifications identified in the SOW.

(4) MA4: Phase-In Plan


(i) The Offeror’s plan for phase-in.

(ii) The Offeror’s description of the responsible personnel and their respective.

(iii) The Offeror’s milestone schedule for the phase-in activities.

(5) MA5: Union Negotiations

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The Government will evaluate:(i) The Offeror’s approach for effectively dealing with local unions, specifically

addressing the future Collective Bargaining Agreement (CBA) negotiations that will help achieve program effectiveness and lower overall costs to the Government.

(b) Sub Factor B: Approach to Reliability-Centered Maintenance

(1) RCM1: RCM Implementation Plan


(i) The Offeror’s approach to implementing a RCM Program.

(ii) The Offeror’s proposed RCM strategies and methods used to address the elements of the SOW.

(iii) The Offeror’s high level milestone schedule for completing the transition in a maximum of two years.

(2) RCM2: Management of the Maximo Function


(i) The Offeror’s approach to implementing the Work Control and Maximo management functions.

(ii) The Offeror’s proposed Security Group and Work Group types.

(iii) The Offeror’s description of how proposed work will flow from the Work Request Office through the completion of the task.

(iv) The Offeror’s proposed approaches to improving the efficiency and accuracy of data entered into the Maximo system.

(v) The Offeror’s proposed internal audit processes that will be used to ensure that all preventative maintenance activities are completed in a timely manner.

(3) RCM3: Energy Management Control System (EMCS) Utilization


(i) The Offeror’s proposed approaches for utilizing the EMCS data and system as part of their RCM function and how it will improve the reliability of systems.

(ii) The Offeror’s proposed enhancements that would result in improved utilization of the EMCS.

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(c) Sub Factor C: Safety, Health, Environmental & Sustainability Functions

(1) SHES1: Health & Safety Functions


(i) The Offeror’s description of the primary elements of their Health and Safety Program and how it meets the requirements of the Glenn Occupational Health Programs Manual (GLM-QS-1800.1) and the GRC Safety Manual (GLM QS 1700.1).

(ii) The Offeror’s description of the practices that will be implemented throughout the contract period.

(iii) The Offeror’s description of the methods used to protect both Contractor employees and GRC employees.

(iv) How the Offeror will monitor and ensure that all subcontractors comply with the approved health and safety plans.

(2) SHES2: Environmental Function


(i) The Offeror’s description of the primary elements of their Environmental Program and how they will meet the requirements of the Glenn Environmental Programs Manual (GLM-FE-8500.1).

(ii) The Offeror’s plans for managing the handling of hazardous materials and universal wastes.

(iii) The Offeror’s plans to manage, identify, and remediate any asbestos-containing materials (ACM), lead-based paints and sealers, and solid waste/hazardous waste-containing soils.

(3) SHES3: Sustainability Function


(i) The Offeror’s proposal for limiting the quantity and toxicity of pollutants released into the environment during the operations and maintenance of centralized systems.

(ii) The Offeror’s proposal for reducing the amount of solid waste placed in landfills during demolition or excavation activities.

(iii) The Offeror’s proposal for conserving of resources through the reduction of energy and water usage.

(iv) The Offeror’s proposal for using environmentally preferable alternatives when selecting materials.

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(d) Sub Factor D: Understanding the Requirements

(1) UTR1: IDIQ Service Request Sample Problem

The Government will evaluate the Offeror’s proposed approach to responding to this IDIQ request. The proposal will be evaluated for its technical approach for repairs, cost estimating practices, and work flow processes for business, safety, and health & environmental and other practices specified in Section C. The proposed approach will also be evaluated for communication protocols, the Maximo procedures followed, and the proposed milestones through completion of the task.

(2) UTR2: Finding During a PM Sample Problem

The Government will evaluate the Offeror’s proposed approach to responding to the IDIQ task that was initiated from a PM activity. The proposal will be evaluated for its technical approach for repairs, cost estimating practices, and work flow processes for business, safety, and health & environmental and other practices specified in Section C. The proposed approach will also be evaluated for communication protocols, the Maximo procedures followed, and the proposed milestones through completion of the task.

(3) UTR3: Emergency TC Sample Problem

The Government will evaluate the Offeror’s proposed approach to responding to this Emergency TC. The approach will be evaluated for its technical merits for short term as well long term repairs and work flow processes for business, safety, environmental and other practices specified in Section C. The proposed approach also will be evaluated for communication protocols used, the identification of repair milestones, and the recommended Maximo procedures.

(4) UTR4: RCM Sample Problem

The Government will evaluate the Offeror’s description of how they will implement their RCM process for this specific North Central Chilled Water Plant example.

M.3 VOLUME II – PRICE EVALUATION FACTOR

(a) The Government will conduct Price Proposal evaluations in accordance with FAR 15.4. Particular attention will be given to FAR 15.404-1(b) entitled “Price Analysis.” The elements of FAR 15.404-1(b) that will be considered include:

(1) Comparison of proposed prices received in response to the solicitation.

(2) Comparison of proposed prices with independent Government cost estimates.

(3) Analysis of pricing information provided by the Offeror.

(b) The Government’s evaluation of the Offeror’s Price Proposal will include an analysis for unbalanced pricing as referenced in FAR 15.404-1(g). A determination of unbalanced

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pricing may lead to the rejection of the Offeror as permitted in FAR 15.404-1(g)(3).

(c) Relatively low prices will also be evaluated by the Government to determine whether there is a risk of default in the event of award to that Offeror. If the Government determines that there is an unreasonably high risk of default, such a determination may serve as the basis for non-selection.

(d) For purposes of source selection, the total proposed price will be utilized. The total proposed price consists of the sum of the following:

(1) Two (2) month Phase-In Period price

(2) Twenty-two (22) month Base Period price

(3) Three Option Period prices

(4) Six (6) month Option to Extend price

(5) Total Price from J-B.5 “Pro Forma Price Template”

(6) Total Price from J-B.6 “Pro Forma Unit Price Template”

As stated in the provision “Evaluation of Options,” FAR 52.217-5, July 1990, “evaluation of options will not obligate the Government to exercise the option(s).”

(e) Attachment J-B.2 IDIQ Pre-Priced Task Pricing, Attachment J-B.5 Pro Forma Price Template, and Attachment J-B.6 Pro Forma Unit Price Template will be provided to the Source Selection Official (SSO) for consideration in the selection process.

(f) The Price Proposal evaluation is not numerically scored nor will receive an adjectival rating. However, Price Proposal evaluation findings will be presented to the SSO for their consideration in the selection process.

M.4 VOLUME III – RELEVANT EXPERIENCE AND PAST PERFORMANCE FACTOR

(a) The Government will evaluate three (3) areas of relevant experience and past performance of the Offeror and any Major Subcontractors/Teaming Partners:

(1) Past Performance Narrative (PPN)

(2) Past Performance Questionnaires (PPQ)

(3) Past Performance Databases (PPD)

Each area will be evaluated for relevancy and performance. Only contracts the Government considers relevant in scope as compared with this SOW will be considered.

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(b) The results of the PPN, PPQ, and PPD evaluations will receive equal weighting in determining the Level of Confidence rating.

(c) Relevancy: The Government will evaluate the Offeror’s, Major Subcontractor’s and/or Teaming Partners’ experience over the past three (3) years to determine whether it is relevant to the SOW and the overall requirements of this procurement.

(d) Performance: The Government will evaluate the Offeror’s, Major Subcontractors’ and/or Teaming Partners’ overall performance over the past three (3) years by considering items such as content and complexity, performance evaluation and rating history, and past performance in the areas of business functions (cost estimating, accounting, etc.), health/safety/environmental & sustainability, quality assurance and certifications, problems and resolutions, timeliness of delivery milestones and cause of contract extensions.

(e) The Government will evaluate the Offeror’s overall contract management by considering items such as cost management history, problems and resolution, contract terminations, relationship with subcontractors or teaming partners including previous relationships with proposed Teaming Partners, management of large Subcontractors, task order administration, and cooperation with prior clients and timeliness of complete business products.

(f) The Government reserves the right to conduct one-on-one discussions with cognizant business and technical personnel, whether or not listed in the proposal, for both the PPQ and PPD sections.

(g) The Government reserves the right to evaluate past performance information for other subcontractors not listed as a Major Subcontractor and from other entities that will substantially contribute to the proposed contract, or have the potential to significantly impact performance of the proposed contract.

(h) Offerors without a record of relevant experience and past performance, or for who information on past performance is not available, shall receive a neutral rating in accordance with FAR 15.305(a)(2)(iv).

(i) Relevant Experience and Past Performance information will not be numerically scored but will be consolidated into a single level of confidence rating in accordance with the following table:

Rating Description (FAR 1815.305(a)(2)(A))Very High Level of Confidence

The Offeror’s relevant experience and past performance is of exceptional merit and is very highly pertinent to this acquisition indicating exemplary performance in a timely, efficient, and economical manner; very minor (if any) problems with no adverse effect on overall performance. Based on the Offeror’s performance record, there is a very high level of confidence that the Offeror will successfully perform the required effort. ** (One or more significant strengths exist. No significant weaknesses exist.)

High Level of Confidence

The Offeror’s relevant experience and past performance is highly pertinent to this acquisition; demonstrating very effective performance that would be fully responsive to contract requirements with contract

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requirements accomplished in a timely, efficient, and economical manner for the most part with only minor problems with little identifiable effect on overall performance. Based on the Offeror’s performance record, there is a high level of confidence that the Offeror will successfully perform the required effort. ** (One or more significant strengths exist. Strengths outbalance any weakness.)

Moderate Level of Confidence

The Offeror’s relevant experience and past performance is pertinent to this acquisition, and it demonstrates effective performance; fully responsive to contract requirements; reportable problems, but with little identifiable effect on overall performance. Based on the Offeror’s performance record, there is a moderate level of confidence that the Offeror will successfully perform the required effort. ** (There may be strengths or weaknesses or both.)

Low Level of Confidence

The Offeror’s relevant experience and past performance is at least somewhat pertinent to this acquisition, and it meets or slightly exceeds minimum acceptable standards; adequate results; reportable problems with identifiable, but not substantial, effects on overall performance. Based on the Offeror’s performance record, there is a low level of confidence that the Offeror will successfully perform the required effort. Changes to the Offeror’s existing processes may be necessary in order to achieve contract requirements. ** (One or more weaknesses exist. Weaknesses outbalance strengths.)

Very Low Level of Confidence

The Offeror’s relevant experience and past performance does not meet minimum acceptable standards in one or more areas; remedial action required in one or more areas; problems in one or more areas which adversely affect overall performance. Based on the Offeror’s performance record, there is a very low level of confidence that the Offeror will successfully perform the required effort. ** (One or more deficiencies or significant weaknesses exist.)

Neutral In the case of an Offeror without a record of relevant experience and past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)).

** (At the Installations’ discretion, strengths and weaknesses may be assigned.)

M.5 VOLUME IV – BUSINESS VOLUME

Although the Business Volume is not numerically scored nor receives an adjectival rating, it is important in determining that the Offeror understands the solicitation and the resources required. Risks identified from the Business Volume evaluation will be presented to the Source Selection Authority (SSA) for consideration in making the source selection decision.

M.6 VOLUME V – ELECTRONIC MEDIA

Volume V is not scored but is merely a volume to collect electronic copies of Volumes I-IV.

M.6 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

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Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

M.7 RELATIVE IMPORTANCE OF EVALUATION FACTORS AND SUBFACTORS

Price is more important than Mission Suitability.

Mission Suitability is approximately equal to Relevant Experience and Past Performance.

Mission Suitability and Relevant Experience & Past Performance, when combined, are approximately equal to Price.

Within the Mission Suitability Factor, the maximum numerical score each Sub Factor may receive is as follows:

Management Approach: 275 pointsApproach to Reliability-Centered Maintenance: 275 pointsSafety, Health, Environmental & Sustainability Functions: 175 pointsUnderstanding the Requirements: 275 points Total Points: 1,000

END OF SECTION

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